Winchendon

Show detailed information about district and contract

DistrictWinchendon
Shared Contract District
Org Code3430000
Type of DistrictMunicipal K12
Union AffiliationMTA
Most Recent DocumentContract
Expiring Year2012
Expired Status
Superintendency Union
Regional HS Members
Vocational HS MembersMontachusett RVTSD
CountyWorcester
ESE RegionCentral
Urban
Kind of Communityrural economic centers
Number of Schools4
Enrollment1626
Percent Low Income Students42
Grade StartPK or K
Grade End12
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Master Contract Agreement

Between

The Winchendon Teachers Association

And

The Winchendon School Committee

July 1, 2011 – June 30, 2012

Pursuant to the provisions of Chapter 150E of the General Laws of the Commonwealth of Massachusetts, the Agreement is made by and between the Town of Winchendon, Massachusetts acting through its School Committee (hereinafter referred to as the "Committee") and the Winchendon Teachers Association (hereinafter referred to as the "Association") for a term of one (1) school year beginning July 1, 2011 and ending June 30, 2012.


PREAMBLE

 

The members of the Winchendon Teachers’ Association and the members of the Winchendon School Committee recognize that our primary purpose is to provide the highest possible quality education to the children of Winchendon. To that end, we are mutually committed to maintaining the highest standards of professionalism and excellence throughout the district.


ARTICLE I

RECOGNITION

A.                Subject to any applicable provision of state or federal law, or regulations now or hereinafter in effect, the Committee recognizes the Association as the exclusive bargaining representative of employees in the following unit:

All certified teaching personnel who spend 30% or more of their time in regularly-scheduled direct instructional activity, as well as guidance counselors, library-media specialists, School to Work Coordinator, Curriculum and Instruction Coordinator, Guidance Coordinator, Early Childhood Coordinator, Communications/Media Coordinator, Technology Coordinator, all other coordinators, and nurses.

EXCLUDING principals, full-time vice/assistant principals of the high school, middle school, and elementary schools as well as the Director of Special Education, full time Director of Title 1, Director of 504, Director of Pupil Personnel Services, Director of Guidance, Director of Curriculum, Director of Instructional Services, Director of Early Childhood Education, Athletic Director, Director of Technology, (and any other director), Business Manager, Superintendent, Assistant Superintendent and other Supervisory Personnel and Substitute Personnel.

B.                 Except as specifically abridged, delegated, granted or modified by this Agreement, or any supplement thereto, or by Chapter 150E of the General Laws of Massachusetts, all rights, powers, and authority held by the Committee prior to the effective date of said Agreement are retained by the Committee and the exercise of said rights, powers, and/or authority shall not be subject to the grievance procedures and/or arbitration.

C.                 DISCRIMINATION. There shall be no discrimination, interference, restraint, or coercion by the Committee, the Association, or their respective agents, against any teacher because of membership or non-membership in the Association. The services of the Association in the capacity of bargaining agent shall be available to all professional employees in the unit covered by this Agreement who are eligible for membership.

D.                EXCLUSIVE REPRESENTATION. The Committee agrees not to negotiate with any teacher, teachers, or teachers’ organization other than that recognized as the exclusive bargaining agent. The Committee further agrees not to negotiate with any teachers’ organization other than the Association in regard to changes in wages, hours, or other conditions of employment to become effective during the term of this Agreement.

E.                 COMPLETE AGREEMENT. For the term hereof, this Agreement is a “complete Agreement” between the parties covering all mandatory subjects of discussion. The parties agree that during such period the relations between them shall be governed by the terms of this Agreement only. No prior agreements or understandings, oral or written, shall be controlling, or in any way affect, the relations between the parties unless and until such agreements or understandings have been reduced to writing and duly executed by both parties subsequent to the date of this Agreement.

While the Committee agrees to give due consideration to any proposals and representations made on behalf of the Association, all matters not dealt with herein shall be treated as having been brought up and disposed of, and the Committee shall be under no obligation to discuss with the Association any modifications or additions to this Agreement which are to be effective during the term thereof, except where provision for further consultations is specifically provided for in a specific provision of this Agreement. No change or modification of this Agreement shall be binding on either the Committee or the Association unless reduced to writing and executed by the duly authorized representatives.

F.                  FREEDOM OF DISCUSSION. It is agreed that nothing in this Agreement shall prohibit any teacher or group of teachers representing only themselves from discussing any matters with the Committee or any of its representatives, and no action taken by the Committee or any of its representatives as a result of such discussions shall be recognized as a grievance under this Agreement unless such action specifically violates a specific provision of this Agreement.

ARTICLE II

DEFINITIONS

For the purpose of this agreement the Committee and Association agree to the following definitions:

Members of the bargaining unit:

All certified teaching personnel who spend 30% or more of their time in regularly-scheduled direct instructional activity, as well as guidance counselors, library-media specialists, School to Work Coordinator, Curriculum and Instruction Coordinator, Guidance Coordinator, Early Childhood Coordinator, Communications/Media Coordinator, Technology Coordinator, all other coordinators, and nurses.

EXCLUDING principals, full-time vice/assistant principals of the high school, middle school, and elementary schools as well as Director of Special Education, full time Director of Title 1, Director of 504, Director of Pupil Personnel Services, Director of Guidance, Director of Curriculum, Director of Instructional Services, Director of Early Childhood Education, Athletic Director, Director of Technology, (and any other Director), Business Manager, Superintendent, Assistant Superintendent, and other Supervisory Personnel and Substitute Personnel.

Committee:

The School Committee elected by the Town of Winchendon

Days:

Only those days when school is in session and shall not include weekends, holidays, school vacations, or other days when school is not held due to inclement weather, etc. unless otherwise mandated by law.


Grievance:

A “grievance” is only a claim of an alleged violation of a specific and expressed provision of this agreement or any subsequent agreement entered into pursuant to this Agreement.

Grievant:

 A “Grievant” is the person making the claim.

Practicable:

Whenever a party is required in this agreement to use its “best efforts” or to perform an act “as soon as practicable”, the parties agree that a showing of willful violation of the applicable standard is required to support a grievance based on an allegation of a violation of the standard.

ARTICLE III

DUES DEDUCTION

AGENCY FEE

RIGHTS OF THE ASSOCIATION

A.                DUES DEDUCTION. The Committee agrees to deduct from the salaries of its employees, dues for the Winchendon Teachers Association, Massachusetts Teachers Association, or the National Education Association, or any one of such associations as said teachers individually and voluntarily authorize the Committee to deduct and to transmit the monies promptly to such association or associations. Teacher’s authorizations will be in writing on the form provided by the Association, mutually agreed to by both parties, and placed on file with the Superintendent of Schools.

B.                 AGENCY FEE. For any teacher who is not a member in good standing of the Association, it shall be a condition of employment during the life of this collective bargaining agreement that, on or after the thirtieth day following the beginning of such teacher’s employment or the effective date of this Agreement, whichever is later, he shall pay an agency service fee to the Association which shall be in the amount equal to 90% of the amount required to become and remain a member in good standing of the Association subject to the provisions contained in Chapter 150E, Section 12, of the General Laws of the Commonwealth of Massachusetts, including any provisions regarding the payment of rebates, and all applicable rules and regulations of the Massachusetts Labor Relations Commission, as said Section 12 and such rules and such agency service fee may be deducted from the salary of any such employee who signs an authorization form permitting such deductions and shall be transmitted to the Association together with the regular dues transmitted pursuant to Section IIA above. If, at the end of the aforementioned thirty (30) days, any employee has not paid the agency fee, the Association shall so notify the employee of his/her rights under the rules and regulations of the Massachusetts Labor Relations Commission and will request the Superintendent of Schools to take appropriate action. If the agency service fee has not been paid by any employee within six (6) months of the original notification of non-payment by the Association as provided for in Paragraph A, or such longer period may be required or allowed by applicable laws or regulations, the Association will write to the Superintendent of Schools informing the Superintendent of Schools and request the Superintendent of Schools to initiate termination proceedings against such employee or employees.

The Superintendent of Schools agrees to initiate termination proceedings against any employee who has failed to pay the agency service fee as required by the Contract at the first School Committee meeting following the demand for termination as provided for in Paragraph B unless the employee has exercised rights as provided in Section 17.06 (1-3) of the Massachusetts Labor Relations Commission’s Rules and Regulations or by other applicable law or Constitutional provision has challenged the validity or amount of the Service fee. No employee who has exercised his/her rights to challenge the validity or amount of said agency fee shall be terminated during the pendency of any charges regarding the same filed at the Massachusetts Labor Relations Commission or during the pendency of suit(s) regarding the same in federal and state courts. The Association Treasurer shall certify to the Superintendent of Schools all payroll deductions for the payment of dues and/or agency fees to the Association that have been duly authorized by employees covered by this contract. The Superintendent’s obligation to make such deductions shall terminate automatically upon notice of an employee’s challenge to the validity or amount of any agency fee, termination of the employee who submitted the authorization, or upon receipt of a timely and properly written notice revoking such authorization, except that deductions shall be resumed if any employee, terminated by layoff, is recalled and no period of revocation intervened during his/her layoff period.

C.                 RIGHTS OF THE ASSOCIATION. Any discussion by teachers concerning Association matters on school property must take place while all of the teachers involved in such discussions are free from teaching or other assigned supervisory duties and not in the presence of students.

D.                Representatives or agents of the Winchendon Teachers Association who are not employees of the Winchendon School System may enter upon school property only with advance notification to the Superintendent of Schools and Principal concerned. The Superintendent of Schools/Principal shall designate a space at each school where the Association may erect a bulletin board to post notices signed by the President of the Association or the president’s designee.

E.                 The Association shall have a right to use school buildings at reasonable times for holding meetings or conducting elections on the same basis as any other organization. The Building Principal will be notified, in advance, of the time and place of all such meetings. Such notification shall include the name or names of any speaker or speakers.

F.                  Bargaining Unit position holders may have the right to use athletic facilities and equipment at all schools at their own risk.  The schedule and other related matters will be arranged in advance with the Building Principals.

G.                No member of this bargaining unit shall be prevented from wearing pins or other identification of membership in the Association or any other teacher organization.

H.                There shall be no discrimination with regard to race, creed, color, religion, nationality, gender, age, marital status, or sexual preference, physical handicap or other physical characteristics.

I.                   The Association shall be granted the use of all school equipment. Any withdrawal of permission by the Superintendent shall require ten (10) school days written notice to the Association stating the reasons for withdrawal.

J.                   If the benefits granted under Sections E and F result in any costs to the Town, beyond those occurring if the sections did not exist, the Association will pay the added cost as determined by the Superintendent.

K.                The Association President will receive an additional preparation period per day to conduct Association business. If there is any cost to the School Department for this additional preparation period it will be equally shared between both parties.

ARTICLE IV

RIGHTS OF SCHOOL COMMITTEE

The School Committee is a public body established under, and with the powers provided by, the statutes of the Commonwealth of Massachusetts. As the elected representatives of the citizens of Winchendon charged with the responsibility for the quality of education in, and the efficient and economical operation of the Winchendon School System, it is acknowledged that the Committee has the final responsibility of establishing the educational policies of the public Schools of Winchendon.

Nothing in this Agreement shall be deemed to derogate or impair the powers and responsibilities of the Committee under the statutes of the Commonwealth of the rules and regulations of any agencies of the Commonwealth. Said rights and powers include, but in no way are construed as limited to, the subjects mentioned in the Table of Contents of this Agreement.

As to every matter not expressly covered by this Agreement, and except as are specifically or directly modified by the express language in a specific provision of this Agreement, the Committee retains exclusively to itself all rights and powers that it has or may hereinafter be granted by law, and may exercise the same at its discretion without such exercise being made the subject of a grievance, arbitration proceeding, or unfair labor practice charge.

ARITCLE V

GRIEVANCE PROCEDURE

A.                DEFINITIONS

1.                  A “grievance” is only a claim of an alleged violation of a specific and express provision of this agreement or any subsequent agreement entered into pursuant to this Agreement.

2.                  A “Grievant” is the person making the claim.


B.                 PURPOSE

1.                  The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems that may from time to time arise affecting the welfare or working conditions of members of the bargaining unit. Both parties agree that those proceedings will be kept as informal and confidential as may be appropriate at any level of the procedure.

Nothing herein contained will be construed as limiting the right of any member of the bargaining unit having a grievance to discuss the matter informally with any appropriate member of the Administration and having the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with any specific provision of this Agreement and that the Association has been given the opportunity to be present and state its view at any meeting held pursuant to Step 2 or any further step of the Grievance Procedure set forth in this Article.

C.                 PROCEDURE

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. The time specified may, however, be extended by mutual written agreement. It is understood and agreed that no grievance, dispute, misunderstanding, or difference between the parties arising out of acts that occurred prior to the execution of this agreement shall be submitted to the Committee under the provisions of this Article.

If at the end of the ten (10) school days following either the occurrence or any grievance, of the date when the teacher should reasonably have had first knowledge of its occurrence, whichever is later, the grievance shall be deemed to have been waived.

Subject to the foregoing, all grievances must be processed in accordance with the steps, time limits, and conditions, as set forth below:

Step 1. The Grievant shall present the grievance during non-teaching hours to the School Principal who shall give an answer within three (3) school days. If the grievance is not satisfactorily resolved at this step, it may be appealed, under Step 2, in writing, by the Grievant within fifteen (15) school days after receipt of the Principal’s answer, and be presented to the Superintendent of Schools.

Step 2. The Superintendent of Schools, or the Superintendent’s designee, and the Grievant, and if the Grievant so elects, the President of the Association, or the President’s designee, shall meet to discuss the grievance, normally within five (5) school days after receipt of the written grievance. The Superintendent shall elect whether this discussion shall take place during working hours or not. The Superintendent, or the Superintendent’s designated representative, shall give a written answer to the grievance within ten (10) school days following the conclusion of the meeting.


Step 3. If the grievance is not satisfactorily settled at this step, it may be appealed, in writing, within ten (10) school days after receipt of the written answer of the Superintendent by the Grievant, to the School Committee. The School Committee, or its designated representative, and the Grievant and if the Grievant so elects, counsel and/or an authorized representative of the Association, shall meet to discuss the grievance as promptly as possible, normally within fourteen (14) school days, at a time mutually agreed upon. If any person or persons are to represent the Grievant at this meeting, the School Committee will be informed, in writing, prior to three (3) school days before the meeting, of names and titles of such person or persons. The School Committee will give its written answer to the grievance within ten (10) school days following the conclusion of the meeting.

Step 4. If no satisfactory settlement of the grievance is made, it may be appealed to Arbitration, by written notice of such intention to appeal, within ten (10) school days after receipt of the written answer under Step 3. This appeal to arbitration shall be in accordance with the procedure and conditions set forth in Article VI (Arbitration).

D.                EXCEPTIONS. All system-wide members of the bargaining unit who do not report to any one Principal may initiate his/her grievance at Step 2 of the above procedure.

If the Superintendent or Committee has a grievance, it may be initiated by a submission, in writing, to the President of the Association. If the matter is not resolved within the following ten (10) school days, the Committee may proceed to Arbitration, pursuant to Article VI.

E.                 SCOPE OF GRIEVANCE PROCEDURE. The committee is a public body established under, and with the powers provided by the statutes of the Commonwealth of Massachusetts, and nothing in this Agreement shall be deemed to derogate from or impair the powers and responsibilities of the School Committee under the statutes of the Commonwealth, or the rules or regulations of any agency of the Commonwealth. As to every matter not covered by this Agreement, the School Committee retains all the powers, rights, and duties that it has by law, and may exercise the same without any such exercise being made the subject of any arbitration proceeding hereunder.

F.         TIME LIMITS. A grievance not initiated within the time specified shall be waived. Failure of the Association to appeal a decision within the time limit specified will mean that the grievance shall be considered settled on the basis of the decision last made and shall not be eligible for further appeal.

Failure of the School Committee to answer an appeal within the time limit specified shall mean that the appeal may be taken to the next step immediately. The above limitations may be waived by mutual written agreement of the parties.

G.                SPECIAL DEFINITION. Whenever a party is required in this Agreement to use its “best efforts” or to perform an act “as soon as practicable”, the parties agree that a showing of willful violation of the applicable standard is required to support a grievance based on an allegation of a violation of the standard.

H.                GRIEVANCE FILES. All documents, communication, and records dealing with the processing of a grievance will be filed in accordance with Chapter 149, Section 52C of Massachusetts General Laws.

ARTICLE VI

ARBITRATION

A.                PROCEDURE

In the event either party elects to submit a grievance to arbitration, the arbitrator shall be selected according to, and shall be governed by, the following procedure: The arbitrator is to be mutually selected by the Committee and the Association. If the Committee and the Association cannot agree within seven (7) school days after written notice of intention to arbitrate has been received by either party, then the party demanding arbitration shall, within five (5) school days thereafter, upon written notice to the other, request the American Arbitration Association or the Massachusetts Board of Conciliation and Arbitration as determined by mutual agreement to provide a panel of arbitrators, said arbitrator then to be selected under the provisions of the Voluntary Labor Arbitration Rules. Each party shall bear the expense of its representative, participants, witnesses, and for the preparation and representation of its own case. The fees and expenses (if any) of the arbitrator and American Arbitration Association or Massachusetts Board of Conciliation and Arbitration shall be shared equally by the parties, provided that the obligation of the Committee to pay shall be limited to the obligation that the Committee can legally undertake in that connection. In no event shall any present or future member of the Committee have any personal obligation for any payment under any provision of this Agreement.

The arbitrator shall hold hearings promptly and, unless the time shall be extended by mutual agreement, shall issue an award not later than thirty (30) days from the date of the closing of the hearings, or if oral hearings have been waived, from the date of the arbitrator’s receipt of the final statements and briefs. The arbitrator’s award shall be in writing and shall set forth the findings of fact, reasoning and conclusions. The arbitrator shall be without power or authority to make any award which requires the commission of any act prohibited by law or which is inconsistent with any provision of this Agreement or with any rules and regulations of the Winchendon School Committee not specifically contradicted by a specific provision of this Agreement. The award of the arbitrator shall be submitted to the School Committee and the Association and, subject to law and issues of arbitrability, shall be final and binding upon the School Committee, the Association, and the Grievant. The arbitrator shall be bound by the procedure set forth in the Voluntary Labor Arbitration Rules as now in effect or hereafter established by the American Arbitration Association or Massachusetts Board of Conciliation and Arbitration. The arbitrator shall arrive at a decision solely upon the facts, evidence, and contentions as presented by the parties through the arbitration proceedings. The arbitrator shall have no power to add to, subtract from or modify any of the terms of this Agreement, and in reaching a decision shall interpret this Agreement in accordance with the commonly accepted meaning of the words used herein and the principle that there are no restrictions intended upon the rights and authority of the Committee other than those expressly set forth herein.

B.        ARBITRABILITY

If either party should contest the arbitrability of a grievance before an appropriate court of law or equity, that court shall decide the issue of arbitrability de novo applying the principles set forth above in this Article giving any prior opinion of arbitrability by an arbitrator only the weight the persuasiveness of its reasoning commands. Subject to the foregoing, the decision of the arbitrator shall be final and binding upon the parties. Notwithstanding anything to the contrary, no dispute or controversy shall be the subject for arbitration unless it involves the interpretation or application of a specific provision of this Agreement. The parties may, by mutual agreement, submit more than one pending grievance to the same arbitrator.

ARTICLE VII

CONTINUITY OF EMPLOYMENT

During the term of this Agreement, or any extension or renewal hereof, the Association, or its agents, shall not cause, sponsor, or assist, and no professional employee covered by this Agreement, shall cause or participate in any strike, work stoppage, or concerted absence or other illegal activities directed against the Winchendon School System. If the Association disclaims such activities publicly, and in writing, to the School Committee, and advises the individuals concerned that the activity is illegal and in violation of the Agreement, and instructs them to cease such activity, it shall not be liable in any way therefore in the event it has not engaged, or subsequently does not engage, in activity inconsistent with such disclaimers. Employees who participate in any such activity may be disciplined or discharged as the Committee, in its judgment, deems proper without recourse to arbitration, and said discipline shall be final and binding on the parties affected thereby and not subject to arbitration, provided, however, that an issue of fact as to whether an individual has engaged in such activities may be made the subject of the grievance and arbitration procedures.

The Committee reserves the right to bring any action for breach of this Article by means of the Grievance-Arbitration provisions set forth in Articles V and VI, or by means of an action in any appropriate Court of Law or Equity, or both.

Nothing in this Agreement will create any kind of tenure for any annual appointment supplemental to the normal duties of those covered by this agreement. The provision requires annual posting, application, and appointment for all stipend positions. The Superintendent or Principal will have full discretion in renewing any such appointment annually.


ARTICLE VIII

TEACHER ASSIGNMENT

A.                All teachers will be notified, in writing, of their program assignments for the coming school year, including the schools to which they will be assigned, the grades and/or subjects that they will teach, and any special or unusual classes that they will have on or before June 15 unless the date is extended through mutual agreement of the Superintendent and Association President.

In order to assure that pupils are taught by teachers working within their areas of competence, teachers will not be assigned involuntarily except temporarily for good cause, outside the scope of their teaching certification.

B.                 In arranging schedules for teachers who are assigned to more than one school, the Administration will use its best efforts to limit the amount of inter-school travel. Teachers who are assigned to more than one school in any one school day will receive reimbursement at the current rate approved by the Committee for inter-school driving done by them.

C.                 No teacher shall be asked or directed to perform duties of an absent teacher unless duly paid at a fee of $15 per class. Substituting for regular staff members shall be limited to one period per day.

1.         Nurses in the bargaining unit who are asked to cover another building during the school day will be paid at a rate of $60 per day for an LPN and $70 per day for a certified/licensed RN beyond their regular pay.

D.                On a regular school day, teachers may be assigned to special duties, such as attendance at conferences, seminars, workshops, or to visit other schools. Such assignments, which require overnight stays or substantially longer time than a regular workday, shall be voluntary. Unless the teacher specifically waives the same, reimbursement for reasonable expenses for lodging and meals will be paid by the Town. Travel will be paid at the IRS rate by the Town.

ARTICLE IX

TRANSFERS AND REDUCTIONS IN STAFF

A.                TRANSFERS

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

1.         When involuntary transfers are necessary, a teacher’s area of certification(s), quality of teaching performance, and length of service in the Winchendon Public Schools, will be considered in determining which teacher is to be transferred. Teachers being involuntarily transferred will be transferred to as comparable a position as practicable, consistent with the educational needs of students.

2.         An involuntary transfer will be made only after a meeting between the teacher involved and the principal(s), at which time the teacher will be notified in writing of the reasons for the transfer. However, the final decision on the transfer must rest with the Superintendent of Schools. Teachers desiring a transfer will submit a written request to the principal(s) involved stating the assignment preferred. Such requests must be submitted between September 1st and March 1st of each school year to be considered for the next school year unless a position is posted during the school year. Such requests must be submitted no later than March 1st of each school year to be considered for the next school year unless the position is posted during the school year. All requests will be acknowledged in writing.

B.                 REDUCTION IN FORCE

In the event it becomes necessary to reduce the number of employees included in the bargaining unit defined in Article I, employees shall not be laid off unless the employee has been given the opportunity to:

1.                  Be transferred to an open position for which he/she is certified and qualified,or replace an employee with the lowest seniority anywhere within the Winchendon Public Schools in an area in which the laid off employee is certified and qualified.

2.                  For the purpose of this section only, seniority shall be determined by total continuous service in professional positions within the Winchendon Public Schools.

3.         It is further agreed that salary shall not be a factor in this consideration of staff reductions and that all reasonable attempts shall be made to release non-professional status teachers first.

C.    TERMINATION AND RECALL

1.         Any teacher whose employment is terminated under Section B and who desires to be considered for reemployment, shall notify the Superintendent, in writing, of the intent to be placed on a recall list. Names shall remain on the recall list for a period of two years.

2.                  Any teacher whose employment is terminated under Section C, and who is again employed in a position within the bargaining unit after an interval of not more than 190 working days, will have restored to him/her the benefits accrued at the time of termination and, therefore, the teacher’s employment will be deemed to have been continuous from the time originally employed.

D.    TERMINATION

Employment is contingent upon certification or approved waiver status as required by law.


E.     CORI REQUIREMENTS

1.                  The parties agree that no employee shall be subjected to a CORI check more frequently than once in every three years. No CORI check results shall be kept longer than three years.

2.                  The School District will provide the Association with an advance copy of the CORI request authorization form prior to distribution to any employee. Once the initial form has been provided, additional copies need only be provided in the event that the form is modified. The form shall include notice to the employee of the right to challenge the results of the check.

3.                  Each employee shall be provided with a copy of his/her CORI report. In the event that an employee, upon review of his/her CORI report, notifies the District that he/she intends to challenge the results of the check, the District shall not disseminate the results in any manner until the challenge has been resolved. In the event that the employee prevails on the challenge or the record is otherwise sealed by the state after issue, the record shall be treated as sealed by the District for all purposes.

4.                  District copies of all CORI reports shall be kept in a central and confidential location. Access to any and all CORI reports shall be limited to only the Superintendent and any essential and confidential personnel designated by the Superintendent. The Superintendent will notify the Association with the identity of such designated personnel assigned by him/her for purpose of keeping records. The Superintendent will notify the Association of such if personnel change during the duration of this contract.

5.                  All CORI reports and related documents shall be treated as confidential and shall not be kept in an employee’s personnel file or in the school’s files where the employee is assigned.

6.                  The results of a CORI check shall not diminish or alter the due process or other rights of any employee under the contract or state law.

ARTICLE X

PROMOTIONS – VACANCIES

A.                Every vacancy in any position established or continued by the Committee (including extra-curricular duties, or positions in addition to those of classroom teachers) shall be publicized by a notice posted in every school building for, whenever practicable, ten (10) school days in advance of filling such vacancy. Such notice shall clearly set forth the specifications, qualifications, and compensation of the position, and the date by which applications shall be filed.

Advancements, promotions, or transfers within a building shall be based upon the Principal’s judgment as to what will serve the best interests of the students and the Principal will consider knowledge, ability, skill, efficiency, attendance, physical conditions, general health, character, and personality of the applicants. Whenever the above factors are equal in the judgment of the Principal, applicants with the longest tenure of employment in the system will be advanced, promoted or transferred. It is recognized that the final decision as to whether or not transfers are made or to whom promotions are granted must rest with the Superintendent.

Vacancies shall be filled by an applicant already employed in the Winchendon School System if his/her educational qualifications, experience, and potential for the positions are, in the opinion of the Superintendent, equal to those of any other applicants.

Nothing in this Agreement shall prevent the Superintendent or Administration from making acting appointments in the best interests of the educational needs of the system until positions can be filled with permanent appointments as provided in this Agreement.

All openings for Summer School and Evening School positions and for positions under Federal programs, will be adequately publicized by the Superintendent in each school building as soon as practicable. All openings in the Winchendon Summer School and Evening School positions under Federal programs will be, to the extent possible, filled first by regularly appointed teachers in the Winchendon Public Schools (including new teachers who have been hired for the next school year) where, in the opinion of the Superintendent, those teachers possess qualifications equal to those of candidates outside the system.

B.                 The creation of any new position will be discussed with the Winchendon Teachers Association President.

Note: It is understood and agreed that system wide positions are the responsibility of the Superintendent.

ARTICLE XI

TEACHER FACILITIES

The School Committee agrees that provision of the following items in each school would be advantageous to the School System and will use its best efforts to provide them insofar as it deems such provision practicable. The Committee will also take into consideration the following items in planning any new school construction.

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

B.        Teachers’ work areas containing adequate equipment and supplies to aid in the preparation of instructional materials.

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

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

E.         Telephones will be incorporated in the teachers’ rooms where practicable.

ARTICLE XII

TEACHER EVALUATIONS

A.                It is recognized by both parties that evaluation of teacher performance is the responsibility of the school administration and is primarily concerned with improvement of instruction.

B.                 All monitoring or observation of the work performance of teacher will be conducted openly and with full knowledge of the teacher. The use of eavesdropping, public address or audio systems, and similar surveillance devices, shall be strictly prohibited. Teachers will have the right to discuss such report with their superiors.

C.                 Personnel Files:

1.                  Teachers will have the right, upon request, to review the contents of their personnel files containing evaluations of teacher performance. A teacher will be entitled to have a representative of the Association accompany him/her during such a review. No material shall be removed from a teacher’s file.

2.         Material derogatory to a teacher’s conduct, service, character, or personality will not be placed in his/her personnel file unless the teacher has had an opportunity to review the material. The teacher will indicate that he/she has reviewed the material to be filed by affixing his/her signature to the file copy. It is understood that such signature in no way indicates agreement with the contents thereof. The teacher will also have the right to submit a written answer to such material. Such answer will be reviewed by the Superintendent and attached to the file copy. Should a teacher refuse to initial the file copy, the administration and a third party witness will so indicate in a statement in place of the teacher’s acknowledgment.

D.                No professional status teacher will be disciplined, reprimanded, reduced in rank or compensation, or deprived of any professional advantage, without just cause.

E.                 Withholding of salary increments:     

1.                  The Superintendent reserves the right to withhold increment, salary increase, or both, providing the teacher has been notified, in writing, by January 31st of that year and given time to improve the situation. The final decision will be based on the March evaluation.

2.                  Any teacher denied increment, salary increase, or contract renewal shall be provided with a written statement of the reasons therefore, which statement shall be filed in accordance with the provisions of Article XII, Sections C1 and C2. Situations that might lead to the denial of increment or contract shall be made known to the President of the Association as soon as the situation can be determined.

3.                  The reappointment of teachers is at the discretion of the Principal.


F.                  Non Professional Status teachers shall be evaluated a minimum of three times per year and the summative evaluation completed by May 15th. Professional Teacher Status teachers shall be formally evaluated at least once every two (2) years. Teachers who have Professional Teacher Status and who need improvement to meet the Professional Standards set forth in Appendix C shall be placed on an action plan for a maximum of two (2) years. During the duration of the action plan the teacher will receive mentor support, be evaluated more frequently and shall be given suggestions on how to improve. The summative evaluation of teachers with Professional Teacher Status shall be completed by June 1.

G.                Forms for teacher evaluation will be mutually agreed upon. The Board of Education regulations on evaluation of teachers, 603CMR 35.00 is incorporated in this agreement. (Teacher performance standards) See Appendix C.

ARTICLE XIII

LEAVES OF ABSENCE

Good educational and personnel policies require that individuals work as scheduled whenever possible. Accordingly, leave will be granted only for valid reasons as provided in this Article. Absence by an individual for reasons not provided shall subject that individual to loss of pay and may be cause for disciplinary action.

A.                SICK LEAVE

1.                  Members of the bargaining unit will be entitled to fifteen (15) days sick leave each year and all sick leave will become effective at the rate of two (2) days per month, as of the first day of each month, beginning September until each individual has accumulated the maximum of fifteen (15) days sick leave for any given year. Sick leave days may be accumulated from year to year with no maximum limit. If an individual’s absence for reasons of sickness during any given month exceeds the number of cumulative days for which he/she was eligible to receive sick pay for all former service up to and including that month, he/she will, at the end of the school year, be reimbursed for all non-paid sick days of his/her absence during that year up to the maximum he/she was eligible to receive at the close of that same school year.

The Superintendent may require a doctor’s certificate for any absence exceeding three (3) days or in cases of repeated absences. Absences by reason of mental illness shall be substantiated by the certificate of a licensed medical professional.

Any member of the bargaining unit retiring from the Winchendon Public Schools who meets the eligibility criteria listed below shall receive compensation for unused sick days:

a)                  Must have twenty (20) years of service in the Winchendon Public Schools;

b)                  Must notify the Superintendent of Schools by January 15th of the school year prior to the school year in which he/she intends to retire under the Massachusetts Teachers Retirement Act.

Individuals retiring from the Winchendon Public School system shall be compensated for unused sick days in the amount of fifty dollars ($50) per day. Payment for compensation awarded in this Article shall be made within twenty-five (25) months of the date of retiring.

B.                 SICK BANK

1.                  A Sick Bank will be established for use by eligible members of the bargaining unit. Members shall be eligible to participate in said bank if they have at least thirty (30) days of accumulated sick leave at the time of initial contribution. Only members of the bargaining unit who have contributed to the Sick Bank shall be eligible to receive compensation from the sick Bank.

The Superintendent of Schools must be notified no later than September 15th of each individual’s intent to participate in the Sick Bank.

2.                  Each eligible member of the bargaining unit shall submit one (1) sick day of his/her personal accumulation to the Sick Bank on October 1 of each school year, to be utilized by members of the bargaining unit who qualify and who have exhausted his/her own individual sick leave, both annual and accumulated, and who still have a serious extended illness. If the sick days donated to the Bank are exhausted prior to the end of the school year and additional days are required, then each eligible member may contribute an additional day to the Bank.

Any sick leave granted under the provisions of this Article shall accumulate to one hundred eighty five (185) days. There shall be no accumulation or carryover to successive years of unused Sick Bank days beyond one hundred eighty five (185) days unless otherwise provided in (4) below.

3.                  If a second sick day is required of members in any given year, then the unused days remaining from the contribution of the second day shall be carried over.

4.                  The Sick Bank shall be administered by a Committee of five (5) representatives: two (2) appointed by the School Committee, two (2) appointed by the Association and one (1) neutral party to be agreed upon by the School Committee and the Association to serve a term of one (1) year. This Committee shall consider the eligibility of members to draw from the Sick Bank. The decisions of the Sick Bank Committee are final and binding and not subject to the Grievance or Arbitration Article set forth in this Contract.

5.                  Application for benefits shall be made in writing to the Sick Bank Committee accompanied by a doctor’s certificate as the need for and anticipated duration of recovery time required. Application for benefits under the Sick Bank may be made prior to exhaustion of the employee’s personal sick leave benefits, however drawing upon the Sick Bank will commence on the first school day following exhaustion of the employee’s personal benefits.

6.                  Sick days drawn from the Sick Bank shall be actual workdays in which school was in session excluding weekends, holidays, school closings and vacations.


C.                 PERSONAL LEAVE

Members of the bargaining unit shall be allowed three (3) personal days each school year to fulfill personal obligations. Personal leave shall not be used to extend vacations. Personal days cannot be accumulated from year to year. Personal days may not be taken within the first thirty days and the last thirty days of school. Requests for exceptions to this language shall be made to the Building Principal. If the request is denied, the Principal must provide a written reason for denial within one (1) working day. The staff member may then appeal to the Superintendent. If no personal days are used in a given school year then one additional day will be added to the individual teacher's accumulated sick days

D.                BEREAVEMENT LEAVE

Bereavement leave will be allowed for up to five (5) days per incident for death in the immediate family. The term “Immediate Family” means: Spouse, significant other, child, father, mother, sister, brother, mother-in-law, father-in-law, stepchildren, grandparents, grandchildren and members of the household.

One (1) day’s leave may be allowed by the Superintendent in the event of other deaths.

E.                 MILITARY LEAVE

            The Committee will comply with all State and Federal laws requiring leaves of absence for military service.

F.                 FAMILY MEDICAL LEAVE ACT (FMLA)

1.                  All members of the bargaining unit are entitled to receive leaves of absence in accordance with the Family and Medical Leave Act of 1993. In addition to above, (1) all employees shall be granted a leave of absence for up to one year without pay or increment for the purpose of caring for a member of his/her immediate family. Additional leave may be granted at the discretion of the Superintendent and the School Committee.

After five (5) years continuous employment in the Winchendon Public Schools, individuals 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.

All individuals whose personal illness extends beyond the period compensated will normally be granted a Leave of Absence, without pay, for such time as is necessary for complete recovery from such illness, at the discretion of the Superintendent of Schools.

2.                  After serving ten (10) years in the Winchendon School System, members of the bargaining unit may be granted a Leave of Absence without pay for up to one year.

Except in an emergency or unusual circumstances, notification shall be provided to the Superintendent of Schools at the conclusion of the school year immediately preceding the year of the leave.

3.                  All benefits to which a member of the bargaining unit was entitled at the time his/her Leave of Absence commenced, including unused accumulated sick leave, will be restored to him/her upon his/her return, and he/she will be assigned to the same position which he/she held at the time said leave commenced, if available, or if not, to a substantially equivalent position.

G.                OTHER LEAVES OF ABSENCE

For extenuating circumstances, other leaves of absence, without pay, may be granted at the discretion of the Superintendent.

H.                NATIONAL GUARD/RESERVE LEAVE

A maximum of ten (10) days per school year for persons called into temporary active duty of a unit of the United States Reserves, or State National Guard, provided such obligations cannot be fulfilled on days when school is not in session, will be granted.

I.                   INTERNSHIPS

After five (5) years of service in the Winchendon School System, a member of the bargaining unit shall be granted, without loss of pay, a block of 300 clock hours as an internship time for the purpose of acquiring certification in additional fields of education, provided that the internship is in the Winchendon Public Schools. A substitute teacher will be provided until the internship is complete.

J.                   CHILD-REARING LEAVE

Leaves of absence for the purpose of giving birth will be in accordance with the prevailing language of the Maternity Leave Rights and Benefits of Chapter 149, Section 105D of MGL. Leaves of absence for adoption or child rearing will be granted without pay for up to one (1) year to an eligible member of the bargaining unit. The individual shall make such written request, except in the case of an emergency, at least forty-five (45) calendar days prior to the date of commencement of the requested leave.

The member on leave shall notify the Superintendent of Schools in writing on or before April 1st of her/his intent to return to work at the beginning of the following school year.

In determining the placement on the salary schedule of a member of the bargaining unit who returns from a Child-Rearing Leave of Absence, credit for a full year of teaching will be given on the schedule for the school year during which the leave began if the member completed at least ninety-one (91) school days of teaching during said school year; otherwise, the member shall return to the step on the salary schedule which was held prior to the commencement of the leave.

The member shall be restored to the position she/he held when her/his leave began, or to a substantially similar position. A member who chooses an extended leave of absence for the purposes of this section shall return to active employment only on the first day of school of the following year or the second school year following the Child-Rearing Leave.

All requests for Leave under Sections C through J shall be made in writing and the action taken thereon shall be reported to the applicant in writing.

ARTICLE XIV

INSURANCE

Members of the bargaining unit may participate in such group insurance plans (e.g. term life, health) as are available to Town of Winchendon employees. The individual’s share of the cost thereof shall be deducted from his/her paycheck. The Committee will take no action to reduce benefits. Members of the bargaining unit will be eligible to participate in a “tax-sheltered” Annuity plan established pursuant to United States Public Law 87-370. Representatives from specified insurance agencies may visit the schools for the Purpose of selling the annuity plan, after school hours. Members of the bargaining unit may participate in a payroll deductions savings and savings bond program. These will include programs offered through the Massachusetts Teachers Association Credit Union and any local savings institutions agreeable to both the Association and the Committee. Changes in deductions for this program will not be allowed after the beginning of a school year except for cancellation of participation.

ARTICLE XV

TAX SHELTERED ANNUITIES

So as to provide for a non-forfeitable tax sheltered annuity, payable upon retirement or termination of employment, a member of the bargaining unit may contract with the Committee for the purchase of an annuity, pursuant to the provisions of the General Laws of Massachusetts as part of his or her employment compensation. Such contract shall specify the premiums to be paid towards the annuity and must be with a company approved by the Committee and the Association.

ARTICLE XVI

SEPARABILITY AND SAVINGS

If any Article or Section of this Agreement or any Riders thereto should be held invalid by operation of law or by any tribunal of competent jurisdiction, or if the compliance with or enforcement of any Article or Section should be restrained by such tribunal pending a final determination as to its validity, the remainder of this Agreement and of any Rider thereto, or the application of such Article or Section to persons or circumstances other than those as to which it has been held invalid or as to which compliance with or enforcement has been restrained, shall not be affected thereby. In the event that any Article or Section is held invalid or enforcement of or compliance with which has been restrained, as set forth above, the parties affected thereby shall enter into the immediate collective bargaining negotiations upon the request of either party for the purpose of arriving at a mutually satisfactory replacement for such Article or Section during the period of the invalidity or restraint.

ARTICLE XVII

TEACHING HOURS AND TEACHING LOAD

A.                The starting and dismissal times for students will be established by the Committee, in accordance with the guidelines established by the State Board of Education.

B.                 The workday of members of the bargaining unit will be as follows:

Middle/High School teachers             7.5 hours per day

Elementary school teachers                 7.25 hours per day

1.                  On Fridays and days before vacation or holidays, members of the bargaining unit may leave after student dismissal, upon completion of any assigned duties.

2.                  In addition to (A) above, members of the bargaining unit shall be granted sixty (60) days of either late arrival or early departure no less than 5 minutes beyond the student day, upon completion of any assigned duties. When utilizing these days, members of the bargaining unit must sign in or out in a logbook to be maintained at a location determined by the building principal. Members of the bargaining unit who are opting to utilize a late arrival on a given day must notify the building office during regular office hours but prior to the scheduled teacher arrival time. Such notification must be delivered to the principal/office designee directly, not via recording. It is understood these additional days will be taken at the professional discretion of the members of the bargaining unit and this will in no way impede the educational process, eliminate student/parent access to teachers or interfere with staff, department or other necessary meetings of school personnel.

3.                  Certified personnel, other than classroom teachers, will work at their assigned tasks for at least the length of the regular teachers workday. It is recognized, however, that the proper performance of their duties may, on occasion, require these persons to work             longer than the normal working day. The exact daily schedule will be worked out on an individual basis.

4.                  Half days at the end of the school year shall be scheduled consistently throughout the district.

C.                 The work year of members of the bargaining unit (other than new personnel who may be required to attend additional orientation sessions) will begin no earlier than August 25th and terminate no later than June 30th, but will, in no event be longer than three (3) days more than the number of days when pupils are required to be in attendance by state law. The work year will include days when pupils are in attendance, orientation days at the beginning of the school year, conference days, and any other days on which teacher attendance is required. Teachers involved in courses may be dismissed at the discretion of the Superintendent.


D.                Members of the bargaining unit may be required to remain after the end of the regular workday to attend staff meetings not to exceed two (2) one(1)-hour meetings per month. A staff meeting shall be defined as a building faculty meeting, a grade-level or departmental meeting, or any other after school meeting in which faculty members are required to attend. Exemption from attendance requires administrative approval.

E.                 All members of the bargaining unit will have a duty-free lunch period of at least the following lengths:

1.                  Elementary Schools.................................. 30 minutes

2.                  Middle/High School............ not less than 22 minutes

Teachers and specialists will, in addition to their lunch period, have a preparation time during which they will not be assigned to any other duties, as follows:

1.                  Middle/High School........... not less than 50 minutes per day

2.                  Elementary Schools............ not less than 40 minutes per day

3.                  Preparation time of individual middle school and elementary grade levels shall be scheduled at the same time whenever possible.

4.                  Preparation time of individual high school departments shall be scheduled at the same time whenever possible.

F.                  Academic subject areas in the Middle School and High School will be handled as follows:

Teachers and specialists will not be assigned more than seven (7) periods per day, consisting of at least one (1) preparation time and not more than six (6) student supervisory periods.

In the event the district deems it necessary to schedule an eight (8) period day, teachers will be assigned at least two (2) preparation periods and not more than six (6) student supervisory periods.

Secondary school teachers will not be required to teach more than two (2) subjects nor more than a total of three (3) course preparations, within said subjects at any one time, whenever it is possible to do so.

G.                Exceptions to the provisions of Sections C or D above may be made only if the Superintendent of Schools (or his/her designee) determines that it is necessary to do so in the best interests of the educational process. The Association will be notified of each instance in which the Superintendent so determines. A disagreement over whether an exception is justified will be subject to the grievance procedure and will be initiated at Level Two thereof.

H.                 EXTRACURRICULAR APPOINTMENTS

1.                  A member of the bargaining unit’s acceptance of extracurricular appointments is    voluntary and members will be compensated for all such participation in accordance with the provisions of Appendix B of this Agreement. The Association will strongly encourage member participation in such activities. It is understood the duties and responsibilities of extracurricular appointments shall be performed outside of the member’s normal hours except where written approval of the building principal is granted.

2.                  Appointments to extracurricular activities will be made by the Superintendent on recommendation of the Principal, based on his/her judgment as to what will serve the best interest of the students.

3.                  A member of the bargaining unit who accepts an extracurricular appointment shall conscientiously perform the duties thereof for the term thereof except that he/she may be excused there from for just cause.

I.                   A calendar of scheduled school social activities will be developed in conjunction with the Superintendent of Schools and other members of the administration and the President of the Association. The Principal will determine the number of faculty needed to supervise each activity. Members of the bargaining unit will be allowed to voluntarily select a desired assignment on this approved schedule and after posting such schedule for seven (7) working days, the Administration will have the authority to assign members of the bargaining unit on an equitable basis to all remaining assignments on the schedule.

J.                   Members of the bargaining unit’s attendance at parent conferences is required:

1.                  The Principal’s calendar of activities described in Article XVII, Section H, will include the dates of the annual fall and spring conferences.

2.                  Compensatory released time will be provided on the days of parent conferences. If such released times should extend the length of the school year, the Superintendent shall notify the Association President as soon as it becomes known. The Association shall then waive Item 2.

3.                  The day of the week on which evening parent conferences is held shall be rotated to the extent possible.

ARTICLE XVIII

NON-TEACHING DUTIES

The School Committee and the Association acknowledge that a teacher’s primary responsibility is to teach and that his/her energies should be, to the extent possible, utilized to this end. Therefore, they agree as follows:

A.                Teachers and specialists will not be required to perform the following duties:

1.                  Health services, such as administering eye or ear examinations, scoliosis, and weighing and measuring pupils.

2.                  Collecting money from students for non-educational purposes.

B.                 Teacher duties must take place on school grounds and during contracted hours.

 

ARTICLE XIX

TEACHER EMPLOYMENT

The Superintendent, upon recommendation of the Building Principal will have the full authority to exercise his/her discretion in initial placement on the salary schedule of teachers with previous experience for the first two (2) years in the system. Pending satisfactory evaluations during this period of employment, teachers will be placed, beginning the third year of employment, at their appropriate step on the salary schedule in regard to their degree status and years of teaching experience.

This article applies to all members of the bargaining unit.

ARTICLE XX

PROTECTION

A.                All members of the bargaining unit are guaranteed a safe working environment, including the right to be free from threats of violence. Members should immediately report to his/her principal any case of assault or threat of violence suffered by him/her in connection with his/her employment. If such report is initially verbal, it shall be followed promptly by a written report in full detail.

B.                 Each such report shall be forwarded to the Superintendent. The Administration and the Committee shall meet with the individual, if any party so requests, and shall take such action as may be appropriate to prevent recurrence of such episodes, including assisting in the prosecution of the assailant(s).

ARTICLE XXI

PERSONAL INJURY BENEFITS

Whenever a member of the bargaining unit is absent from school as a result of personal injury caused by an accident or an assault occurring in the course of employment, he/she will be paid his/her full salary less the amount of any Workmen’s Compensation award made for temporary disability due to said injury for the period of such absence.

ARTICLE XXII

INSTRUCTIONAL MATERIALS

The Superintendent will provide sufficient instructional materials to insure that each pupil in a classroom has instructional materials for his/her own use, and teachers shall assume the responsibility of initiating this provision.

ARTICLE XXIII

GENERAL

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

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

C.                 Copies of this Agreement will be printed at Committee expense and a copy given to each member of the bargaining unit.

D.                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.

E.                 This Agreement constitutes Committee policy for the term of said Agreement, and the Committee will carry out the commitments contained herein and give them Full force and effect as Committee policy.

ARTICLE XXIV

SALARIES

Members of the bargaining unit covered by this agreement will receive a salary increase as outlined in Appendix A of this agreement.

The salaries of persons covered by this Agreement are set forth in Appendix A which is attached hereto and made a part hereof.

A.                PAYMENTS AND ADVANCEMENT

1.                  Members of the bargaining unit will be paid in regular equal payments at least bi-weekly over the period of the school year or over the calendar year as the individual may elect.

2.                  For advancement on the Salary Scale in recognition of academic study completed, the individual shall certify in writing to the Superintendent the successful completion of the work before the end of the first week of the school year and shall submit the proper transcripts within sixty (60) days thereafter. Alternatively, an individual may submit such written certification by February 15th and the transcripts by April 15th. Salary adjustments will start after the transcripts have been received and will be retroactive to the beginning of the year for work completed by the first week and to the middle of the pay year for work completed by February 15th.

3.                  Winchendon credit will be applied toward advancement on the salary schedule for any and all professional development courses, workshops, and seminars offered or required by the district for which graduate credit is available; such credit will be equal to the graduate credit value of the sponsoring institution.  Winchendon credits cannot be applied for salary advancement outside the Winchendon Public School system.

B.                 If the Committee establishes a new position(s) for which no salary is provided in Appendix A, it shall tentatively establish a salary for these positions and shall indicate that salary as a tentative salary in the job posting. If the Association gives notice to the Committee within ten (10) school days after the posting that the tentative salary is unacceptable, the parties shall reasonably enter into negotiations on these salaries; these negotiations shall continue to agreement or impasse. If a salary is agreed upon, it shall be retroactive to the beginning of the position. If no agreement is reached, and a larger salary for the position is provided in the successor agreement to this agreement, that salary shall be effective retroactive to the beginning of the last year of this agreement, and for time prior to that last year, the salary shall be the average of the tentative salary and the newly agreed salary. Until another salary is effective, the tentative salary shall be paid.

C.                 Members of the bargaining unit who volunteer or are required to work beyond the school year/contract shall be compensated at the same hourly rate paid for curriculum development work under Article XXVI, Section C.

For members of the bargaining unit who are part-time administrators, the rate of $75 each day worked will be awarded.

ARTICLE XXV

DEPARTMENT COORDINATORS AND PART-TIME ADMINISTRATORS

A.                Department Coordinator, Lead Teacher, and Team/Grade Level Leader stipends will be as follows:

¨                  The stipend for Department Coordinators, Lead Teachers, and Team/Grade Level Leaders is based on 14% of the Bachelor’s pay column in Appendix A.

¨                  First year Department Coordinators, Lead Teachers, and Team/Grade Level Leaders will receive 14% of step one of the Bachelor’s pay scale in Appendix A

¨                  Second year Department Coordinators, Lead Teachers, and Team/Grade Level Leaders will receive 14% of step two of the Bachelor’s pay scale in appendix A.

¨                  Third and subsequent year Department Coordinators, Lead Teachers, and Team/Grade Level Leaders will receive 14% of step three of the Bachelor’s pay scale in Appendix A.  

B.                 Department Coordinators, Lead Teachers, and Team/Grade Level Leaders will be allowed one (1) period for his/her coordinator duties in addition to any time allowed duty-free under other provisions of this Agreement.

C.                 The following is accepted as the identified Department Coordinator and Lead Teacher positions:

Language Arts Department

Science and Technology Department

Mathematics Department

Social Studies Department

Unified Arts Department

Special Education Department

Guidance Department

Communication/Media

Foreign Language Department

Nursing Department

Instruction Lead Teacher

Assessment Lead Teacher

Curriculum Lead Teacher

Student Support Lead Teacher

 

D.                A Department Coordinator, Lead Teacher, or Team/Grade Level Leader performing teacher observations will be relieved of normal teaching duties during that time.

E.                 Department Coordinators, Lead Teachers, and Team/Grade Level Leaders will be appointed for one-year terms. Appointments will be made and renewed by the Principal.

ARTICLE XXVI

CURRICULUM DEVELOPMENT PROGRAM

A.                The Superintendent and the School Committee recognizes that in order to best meet the changing needs of the students and to offer challenging and meaningful educational programs, there must be constant attention to the needs of revision or development of appropriate curriculum. To accommodate this need, the Superintendent and the Committee will consider establishing in their annual budget, funds to compensate certain Superintendent-approved curriculum revision or development projects. The need for these projects may be generated by the Superintendent or by the staff, and the major amount of the work required will, for the most part, be conducted during non-school time, i.e., school vacations or summer vacations. Qualified volunteers will first be sought from the current professional staff and, in some instances, outside consultants or other professionals may be required for the specific programs proposed.

B.                 Staff proposals presented to the Superintendent prior to January 1st of any year will be evaluated and considered by the Superintendent and School Committee for funding in the next fiscal year. The Superintendent and School Committee will develop guidelines and criteria to assist them in considering the need and value of either staff or Superintendent and School Committee proposals.

C.                 Any positions available in curriculum revisions or development projects requiring services outside of the regular school schedule will be posted in each school building. Each posting will include the amount budgeted by the Superintendent and School Committee for that project.  Bargaining unit employees shall be paid at an hourly rate equivalent to M+15 Step 7 for 180 days at 7.5 hours per day when providing curriculum development services.

D.                Appointments of volunteers will be, to the extent possible, made first to members of the bargaining unit in the Winchendon Public Schools System, where in the opinion of the Superintendent, those individuals possess qualifications equal to those of candidates outside the school system.

ARTICLE XXVII

CLASS SIZE

The Committee and the Association recognize that class size is an important factor in good education and to that end no class shall exceed twenty-five (25) students, whenever practicable.

ARTICLE XXVIII

DURATION – NEGOTIATIONS – PROCEDURES

A.                This Agreement shall become effective as of the July 1, 2011 and subject only to the right to reopen in accordance with B or C below, and shall continue in effect to and including June 30, 2012, and shall thereafter automatically renew itself for successive terms of one (1) year each unless sixty (60) days prior to June 30, 2012, or any June 30th thereafter either the Committee or the Association shall have given the other party written notice of its desire to modify or terminate this Agreement.

B.                 If the state legislature should establish a new minimum salary for teachers, salary negotiations will be automatically reopened.

C.                 If either party desires to reopen this agreement for any reason, written notice must be sent to the other party of such intent to reopen. The parties agree that there shall be no obligation on either party to negotiate for more than a total of twelve (12) hours pursuant to any reopening under this section and that during and after any such negotiations, this contract will remain in full force and effect subject only to any changes mutually agreed upon at such negotiations.

D.                During negotiations the Committee and the Association will present relevant data, exchange points of view, and makes proposals and counter-proposals.

At the time it is made available to the Committee, the Committee will provide the Association with a complete budget for the next fiscal year.

The Committee will make available to the Association for inspection all pertinent records of the School System. Either party may, if it so desires, utilize the services of outside consultants and may call upon professional and lay representatives to assist in the negotiations.

E.                 Notwithstanding the above agreements and language, any provision which is inconsistent with the language and provisions of the “Massachusetts Educational Reform Act of 1993” so called and signed on June 18, 1993 as Chapter 71 of the Acts of 1993, shall be deemed ineffective and unenforceable. Any disputes between the parties shall, unless the parties jointly agree to arbitration, be resolved by a competent court of law in the Commonwealth of Massachusetts in the County of Worcester.

 


Article XXIX

SIGNATURES

            IN WITNESS WHEREOF, the parties hereto set their hands and seal by their duly           authorized representative on this 28th day of April, Two thousand-eleven.

 

                                                                                                                                               

            Michael Barbaro, Chairperson                        Joanne M. Bunnell, President

            Winchendon School Committee                    Winchendon Teachers Association


APPENDIX A

Salary Schedule

2011 - 2012

 

Step

B

B+15

B+30/M

M+15

M+30

M+45

M+60

M+75

M+90

1

39850

41046

42277

43545

44851

46197

47583

49010

50480

2

41046

42277

43545

44851

46197

47583

49010

50480

51994

3

42277

43545

44851

46197

47583

49010

50480

51994

53554

4

43545

44851

46197

47583

49010

50480

51994

53554

55161

5

44851

46197

47583

49010

50480

51994

53554

55161

56816

6

46197

47583

49010

50480

51994

53554

55161

56816

58520

7

47583

49010

50480

51994

53554

55161

56816

58520

60276

8

49010

50480

51994

53554

55161

56816

58520

60276

62084

9

50480

51994

53554

55161

56816

58520

60276

62084

63947

10

51994

53554

55161

56816

58520

60276

62084

63947

65865

11

53554

55161

56816

58520

60276

62084

63947

65865

67841

12

55161

56816

58520

60276

62084

63947

65865

67841

69876

12+

56816

58520

60276

62084

63947

65865

67841

69876

71972

 

$1,500 longevity shall be paid each year to members of the bargaining unit who have completed fifteen (15) consecutive years of service in the Winchendon Public Schools, to be paid at the beginning of the next school year.

$3,000 longevity shall be paid each year to members of the bargaining unit who have completed twenty (20) consecutive years of service in the Winchendon Public Schools, to be paid at the beginning of the next school year.

$4,500 longevity shall be paid each year to members of the bargaining unit who have completed twenty-five (25) consecutive years of service in the Winchendon Public Schools, to be paid at the beginning of the next school year.

Any member of the bargaining unit who was employed prior to the 1999-2000 school year and who has not earned a Masters degree may move to the third column on the salary scale (Identified as “M”) but may not move beyond this column without having earned a Masters degree.

Any member of the bargaining unit initially employed prior to June 30, 2008 who has been employed in the system for 5 (five) or fewer years has a one-time opportunity to apply to be advanced one step on the salary schedule if they are currently enrolled in a Master’s program.


 APPENDIX B

EXTRA-CURRICULAR SALARIES

Athletic positions are placed on steps 1, 2, or 3 based on consecutive appointed years in that position. Those with 3 or more years are placed at step 3.

 

Appendix B activities are compensated at the percentage rates listed below of Bachelor’s steps 1, 2, and 3.

 

ATHLETICS:                                      Salaried Tier Chart

TIER 1                                  Step 1              Step 2              Step 3

Head Football                         4,200               4,420               4,743

Assistant Football                   2,700               2,875               3,153

 

TIER 2

Head Field Hockey                 2,900               3,051               3,364

Assistant Field Hockey           2,200               2,360               2,622

Cross Country                         2,900               3,051               3,364

Head Soccer                            2,900               3,051               3,364

Assistant Soccer                      2,200               2,360               2,622

Head Cheerleading                 2,900               3,051               3,364

Assistant Cheerleading           2,200               2,360               2,622

Head Basketball                      2,900               3,051               3,364

Assistant Basketball                2,200               2,360               2,622

Head Indoor Track                 2,900               3,051               3,364

Assistant Indoor Track           2,200               2,360               2,622

Head Ice Hockey                    2,900               3,051               3,364

Assistant Ice Hockey              2,200               2,360               2,622

Head Baseball                         2,900               3,051               3,364

Assistant Baseball                   2,200               2,360               2,622

Head Softball                          2,900               3,051               3,364

Assistant Softball                    2,200               2,360               2,622

Head Track                             2,900               3,051               3,364

Assistant Track                       2,200               2,360               2,622

 

TIER 3

All Middle School Coaches    2,000   2,200   2,500

 

Intramural @ $15.00/hour

Mentoring positions are placed on Year 1, Year 2, or Year 3 based on the mentee’s year of service in the Winchendon Public Schools

                                                Year 1             Year 2             Year 3

Mentoring                               500                  250                  250


APPENDIX B (cont.)

OTHER ACTIVITIES:

NOTE: The "Salary Scale" for Extra Curricula Activities under the previous teacher's contract is hereby included as part of this contract. As part of the negotiations it was agree that if the salary the teacher would receive is higher under the old contract than it is under the new, the teacher would be paid the higher of the two salaries.

Senior Class Advisor                                                     4 per cent

Drama/Musical Director                                                3 per cent

Other High School Class Advisors                               3 per cent

Tournament of Plays Coaches/Manager                        2 per cent

High School Yearbook Advisor                                    6 per cent

High School Newspaper Advisor (9 issues)                  3 per cent

High School Student Council Advisor                         6 per cent

Middle/High Club Advisor, other                                 2 per cent

Middle/High Band Director                                          6 per cent

Middle/High Chorus Director                                       3 per cent

Murdock Financial Fund Bookkeeper                          6 per cent

After-School Remedial Program (Partial)                     3 per cent

SAT Preparation - Evenings                                          3 per cent

Middle School Student Council Advisor                     2 per cent

Middle School Year Book Advisor                              3 per cent

Middle School Financial Faculty Advisor                    2 per cent

Elementary School Band Director                                3 per cent

Elementary School Chorus Director                             3 per cent

Faculty Manager                                                           5 per cent

 

MCAS Tutors shall be compensated at the same hourly rate paid for curriculum development work under Article XXVI, Section C of this agreement.