Boylston

AGREEMENT

between the

BOYLSTON SCHOOL COMMITTEE

and the

BOYLSTON TEACHERS' ASSOCIATION

August 25, 2007

through

August 24, 2010

ARTICLE I

RECOGNITION

A.        It is understood and agreed that the Committee, acting in accordance with the authority of Section 6 of Chapter 150E of the Massachusetts General Laws, has recognized  the  Boylston  Teachers'   Association,   an  affiliate  of the  Massachusetts Teachers'  Association  and  the National   Educational  Association,   as  the  exclusive representative for purposes of collective bargaining of the Town of Boylston School Department employee unit identified as follows:

All teaching personnel employed by the Boylston School Committee, who hold certificates or waivers under Chapter 71 of the Massachusetts General Laws, and who perform a school-related function such as the librarian, reading and science coordinators, guidance counselors, reading specialists, hearing and speech therapists, nurse, etc.

Included within the category of waiver personnel shall be those for whom an application for waiver has been filed and is still pending.

Excluded from the unit, the Superintendent, Principals, substitutes, tutors, teacher-aides, and all other employees of the Municipal Employer.

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

C.         It is expressly understood that nurses covered by this agreement may not, regardless of whether they have greater education, move beyond the first Master's column (entitled ''Masters"). It is also understood that a nurse's movement to that Master's column will not be tied to his or her years of service in the District but rather to the lowest paid step which is closest to what he/she had been earning prior to the movement, without it being less. Newly hired nurses shall be placed on either the "Bachelor's" or "Master's" column, depending on his/her degree, and shall be placed on the salary step schedule of that column by agreement between the new employee and the Superintendent. After hire, the newly-hired nurse shall advance one step on the salary step schedule on the first day of the next school year.

ARTICLE II

DUES DEDUCTION

The Committee, having accepted Section 17C of Chapter 180 (added by st. 1962, c. 175) by vote duly adopted on September 17, 1971, it is agreed that deductions shall be made from the salary of any teacher so requesting for dues to the local Teachers' Association, the Massachusetts Teachers' Association, and the National Educational Association, all procedures to be in compliance with the terms and provisions of said Section 17C. The deductions shall be made as follows:

1.                  The Superintendent will furnish the Association annually by July 1 with a list of all new teachers who are employed thereafter prior to September 1.

2.                  The Association will furnish the Superintendent by August 10 each year with a list of those teachers who desire to have deductions made for professional dues.

3.                  Each teacher will sign an authorization form in triplicate stating the exact amount of each deduction and the total to be deducted over the deduction period.

4.                  There will be eight (8) semi-monthly installments, commencing with the first pay period in September and ending with the last pay period in December.

5.                  Any teacher who authorized deductions after the first pay period will be allowed to deduct professional dues only over the remaining pay periods ending with the last in December.

6.                  After authorizing deductions, a teacher must have that amount of deductions made each pay period until all payments are completed. Any teacher may stop deductions at any time by making a written signed statement to that effect to the Superintendent of Schools. Once payments are so terminated, they may not be resumed that year.

7.                  Should a teacher not receive a payroll check during a pay period, provision must be made by the teacher for direct payment of dues to the Association for that pay period.

8.                  The treasurer of the governmental agency shall forward all monies deducted for professional dues once monthly to the treasurer of the Association after proper billing by the Association on or after the 20th day of each month.

9.                  Pursuant to General Laws, Chapter 150E, Section 12, it shall be a condition of employment that on or after the ninety-first (91^st) day of employment in the bargaining unit, or the effective date of this Agreement, whichever is later, each and every member of the bargaining unit shall pay to the Boylston Teachers' Association, an agency service fee which shall be proportionately commensurate with the cost of collective bargaining and contract administration. The agency fee shall be deducted in eight (8) semi-monthly installments, commencing with the first pay period in September and ending with the last pay period in December. Said Agency Fee shall not exceed ninety (90%) per cent of Teachers Union dues, and shall be used solely for the purposes of paying the expenses of collective bargaining.

ARTICLE III

TEACHING YEAR AND TEACHING DAY

A.        It is understood and agreed that the determination of the school calendar is a function of the School Committee. The teaching year of the teachers shall begin one (1) day (*) before the student school year.

B.         Teachers are not required to be present in the school building or at their places of employment during student vacations and holidays, or during weekends.

C.         The School Committee agrees that an effort will be made to notify the Association and allow in-put prior to the final establishment of the school calendar.

D.        If any curtailed school day is creditable as a full pupil attendance day under State Department of Education regulations, said school day shall also be counted as a full day for the teachers.

E.         The work day for teachers covered under this contract shall commence at 8:15 a.m. and terminate at the departure of the last scheduled bus, but in no event later than 3:15 p.m., provided that; if due to an emergency, the last scheduled bus has not departed by 3:15 p.m. coverage would be provided by teachers on a rotating basis.

(*) In case of new teachers, two (2) days may be required. The one (1) day in the case of regular teachers and the two (2) days in the case of new teachers need not necessarily occur just before the beginning of the student school year. They may be designated by the Superintendent during the week prior to the beginning of the student school year.

F.         All full-day teachers will be granted a thirty (30) continuous minute duty-free lunch period each work day between the hours of 10:00 a.m. and 1:00 p.m. Only those part-time teachers who were both employed during the 2003-2004 school year and were given an uninterrupted 30 minute lunch period during that year will continue to be granted the above referred lunch break so long as they continue to remain so employed.

G.        Mondays will be set aside for staff meetings called by the Principal or Superintendent. Where possible, teachers will be given forty-eight (48) hours advance notice of such meetings. Except in emergencies, teachers will not be excused for extension classes, doctor or dental appointments, etc.

H.        The Superintendent will schedule not more than three (3) evening meetings at which teacher attendance is required.

I.          Whenever the vocal music teacher, physical education teacher or art teacher is conducting a lesson in the regular teacher's classroom, the regular teacher will be permitted to absent herself from the classroom, except that the teacher shall remain for the first five minutes and the last five minutes of the period so as to provide for an orderly transition of class management and educational goals. The balance of the time may be utilized by the teacher for preparation and planning.

J.          The teacher work year shall consist of one hundred eighty-six (186) days which shall consist of student days, one day preceding the opening of school, professional development days and teacher work days. It is expressly understood that if one of the aforementioned one hundred eighty-six (186) days of the teacher work year is cancelled, for whatever reason, it will be made up for no additional compensation, on a date chosen by the Superintendent. The Superintendent may add up to three (3) additional days to the teacher work year, beyond the one hundred eighty-six (186) day school year, for the purpose of professional development. Teachers shall be compensated for these days which are in excess of one hundred eighty-six (186) at their prevailing per diem rate. Where feasible, notice of the number of additional days, beyond the one hundred eighty-six (186), shall be provided in advance of each school year.

ARTICLE IV

REGISTERS

Teachers will not be required to keep registers, but they will provide the office with daily attendance counts on forms provided by the administration.

ARTICLE V

TEACHING ASSIGNMENTS AND TRANSFERS

A.        Teachers who desire a change in grade and/or subject assignment shall file a written statement of such desire with the Principal not later than March 1 st.

B.         In arranging schedules for teachers who are assigned to more than one school, an effort will be made to limit the amount of inter-school travel. Such teachers will be notified of any changes in their schedule as soon as practicable. Teachers who are assigned to more than one will receive remuneration for all inter-school driving done by them at the current rate. In arranging schedules for itinerant teachers who are assigned to more than one school district and more than one school, an effort shall be made to plan inter-school and inter-district travel.

C.         Teachers will not be assigned, except for good cause at the discretion of administration (in consultation with the teacher involved), outside the scope of their teaching certificates and/or their major or minor fields of study. The Superintendent and administration shall maintain the right to assign staff to the various educational sites for the school year based on educational program needs. Teachers shall be notified of their assignment and location and of any involuntary changes in their assignment for the ensuing school year by the 15^th of June.

D.        Teachers shall be notified of their assignments, and of any involuntary changes in their assignment, for the ensuing school year by the 15^th of June, except for those instances in which such assignments cannot be made by the Superintendent until after said date. All such assignments shall be subject to changes after the 15^th of June if the Superintendent deems such a change to be necessary or desirable; but the Superintendent will exert every effort to avoid or minimize any such changes.

E.         In the making of assignments and transfers, the convenience and wishes of the individual teacher will be given consideration subject, however, to the overriding best interests of the school system. Where two or more teachers apply for a particular position, preference will be given to the senior applicant if doing so, in the opinion of the Superintendent, is consistent with the certification of the teacher.

ARTICLE VI

VACANCIES AND PROMOTIONS

A.        Whenever an opening or vacancy in a professional position exists during the school year, the filling of which would involve a promotion, it will be adequately publicized by the Superintendent by means of a notice placed on the bulletin board in the teachers' room as far in advance of the appointment as possible. In each case, the qualifications, duties, and rate of compensation will be clearly set forth in the notice. It will be adequately publicized by the Superintendent by means of a notice on the bulletin board in the teachers' room(s) or if no teachers' room(s) are available, then the notice of vacancy shall be publicized in a spot of mutual determination by the Principal and the Boylston Teachers' Association. A copy will be sent by the Principal and/or Central Office to the President of the Boylston Teachers' Association.

B.         The Committee agrees to give appropriate consideration to the professional background and attainments of all applicants and, in the case of present (current) employees, the length of time each has been in the school system and other relevant factors. In filling such vacancies, in case where several applicants have equal qualifications, preference will be given to teachers already employed by the Committee. Teachers shall provide written notification of change of address or summer address so that written notice of such vacancy will be given to the Association and/or individual teachers.

C.         During the months of July and August, written notice of such vacancy will be given to the Association.

D.        The Boylston Teachers' Association will be notified of any vacancy by the Superintendent of Schools and will be invited to participate in the hiring process in an advisory capacity.

ARTICLE VII

MANAGEMENT RIGHTS

Except as amended by provisions of this collective bargaining agreement, the Committee and the Superintendent of Schools retain all rights, powers and duties as provided to them under the Massachusetts General Laws. The exercise of these rights shall not be subject to the grievance/arbitration provision of this collective bargaining agreement.

ARTICLE VIII

COPIES OF CONTRACT TO EACH TEACHER

The Committee will provide each teacher employed by the Committee with a copy of this Agreement. One copy will be supplied to each teacher during the duration of the Agreement. A copy of the Agreement will also be shown to prospective employees prior to or at the time of initial employment.

ARTICLE IX

LEAVES OF ABSENCE WITHOUT PAY

A.        MATERNITY LEAVE

1.                  A teacher who becomes pregnant shall notify the Superintendent of Schools in writing as soon as pregnancy has been determined but not less than thirty (30) days, except in cases of an emergency, prior to her anticipated date of departure.

2.                  The pregnant employee may continue in her assigned position as long as her physical condition and ability to perform her assigned duties allow. Medical evidence from the attending physician may be required concerning the employee's ability to continue employment.

3.                  A teacher who desires to return as soon as possible after termination of pregnancy will be allowed up to eight (8) weeks leave and will be guaranteed the same or a similar position held at the time the leave commenced. In the event birth takes place during a school vacation when the teacher is not on leave, the eight (8) week period will commence from the date of termination of pregnancy.

4.                  The teacher who is pregnant and physically unable to perform her work due to disability connected to pregnancy, may use accumulated sick leave to cover those days that she is unable to work.

5.                  Unpaid leave beyond the paid leave provided for under the terms of this Article will be extended in accordance with Article 9B of this Agreement.

B.        CHILD REARING LEAVE Child rearing leave without pay shall be granted to any teacher provided that such leave shall be requested in writing after pregnancy has been determined. Such leave shall be for the remaining academic year plus one full academic year without pay if requested.

The teacher on child rearing leave shall notify the school authorities in writing not later than March 1^st concerning the desire to be reinstated for the following school year or forfeit her rights to reinstatement.

Upon returning from child rearing leave, a teacher shall be placed on the salary schedule as indicated on the current salary schedule for the employees' training and experience, except that:

1.        Any teacher must have been employed for at least three-fourths (3/4) of a year in order to qualify for the next increment step.

C.         CHILD ADOPTION LEAVE

1.                  Child adoption leave without pay shall be granted to any teacher who has served the school system for not less than one (1) year, provided that such leave shall be requested in writing as soon as firm plans for adoption have been completed, provided further that the teacher shall notify the Superintendent and the Principal immediately when the date of adoption and commencement of leave if known, and provided further that such child adoption leave shall not be for more than one (1) year. The Superintendent may, upon request, shorten the period of child adoption leave.

2.                  The teacher on child adoption leave shall notify the school superintendent in writing no later than April 1^st concerning his desire to be reinstated for the following school year or forfeit his rights to reinstatement.

3.                  Upon returning from child adoption leave a teacher shall be placed on the salary  schedule  as   indicated  on  the  current  salary  schedule  for  the employees' training and experience except that:

a.         Any non-tenure teacher must have been employed for at least three fourths (3/4) of a year in order to qualify for the next increment step, and

b.         Any tenure teacher having served a minimum of at least five (5) consecutive years within this system, must have served no less than one third (1/3) of the ensuing school year in order to be eligible for the next increment step.

D.        A leave of absence without pay or increment may be granted for the purpose of caring for a sick member of the teacher's immediate family whenever such illness is serious enough, in the judgment of the Superintendent, to warrant such attention. In the case of an extended leave for this purpose, the return of the teacher to service may coincide with the beginning of a school year unless otherwise determined by the Superintendent.

E.         Any teacher whose personal illness extends beyond the period compensated will be granted a leave of absence up to one (1) year without pay for such time as it is necessary for complete recovery from such illness.

F.         A teacher may request a paid disability leave of absence for a period of time. Said disability leave of absence shall in no event exceed a period of eight (8) weeks and shall in no event exceed the teacher's accumulated sick leave. Said disability leave shall be deducted from the teacher's sick leave.

ARTICLE X

INCREMENTS

A.        An increment, as provided in the salary schedule, will be granted annually (effective as of September 1st) to a teacher, provided that at each three (3) year interval of employment in the Boylston School System a dual requirement is fulfilled as follows:

1.                  Satisfactory completion of a three (3) credit graduate level course which is related to the School's or District's goals and/or the teacher's subject(s) of academic teaching and which has received prior approval of the Superintendent, and

2.                  Recommendation by the Superintendent to grant the three (3) year increment.

B.         For purposes of determining the proper step on which to place new teachers, one hundred thirty-five (135) work days or more completed in any one (1) school year in this school system shall be credited on the salary schedule as one (1) full work year of teaching experience. This provision shall apply to teachers returning from approved leaves of absence or having any past employment in the Boylston School System, subject to recommendation by the Superintendent to grant the three (3) year increment and approval by the Committee.

C.         Newly hired teachers shall be placed on the salary schedule at a step established by agreement between the new employee and the Superintendent. After hire, the new employee shall advance one step on the salary step schedule on the first day of the next school year.

D.        By November 1 of the school year prior to when a teacher anticipates making academic achievement "lane" change as provided in the salary schedule, he or she must provide the Superintendent with written notice of the anticipated change. Thereafter, he or she must then also submit an official transcript, or other college and university documents, as verification of course and degree completion (for purposes of advancing on the salary schedule) by delivering same to the Superintendent by the completion of the first day of school year in which the adjustment is expected to occur. In the event that the verification, etc. is not available for the teacher to turn in to the Superintendent on or before first day of school, he/she must notify the Superintendent of that fact on the first day of school or earlier. Thereafter, upon receipt of the verified official transcript which establishes that the employee is entitled to a lane change, he or she will receive a retroactive lane change back to the first day of the school year. Failure to comply with both the notice and the verification timelines may cause the employee to be ineligible to make the lane change until the following year.

E.         Longevity increments in accordance with the salary schedule will be granted at the completion of each five (5) year period of teaching after a teacher has attained the maximum step on the salary schedule, or after the completion of fifteen (15) years of service in the Boylston School System, whichever occurs first, provided that the Superintendent so recommends and that the Committee approves.

F.         Effective August 25, 2004, the Boylston School Committee agrees to pay graduate course reimbursement (or for undergraduate courses which directly relate to one's assignment in the Boylston Schools, with prior approval of the Superintendent) for courses taken by employees covered under this contract. Reimbursement shall not exceed a total of fifteen (15) courses in any school year.

The first fifteen (15) teachers who apply and are approved for reimbursement for their first course completed in a fiscal year (July 1 - June 30) will receive reimbursement not to exceed $800. Teachers may seek additional course reimbursement if any of the fifteen (15) allotted courses is still available on June 30.

If by June 30, fewer than fifteen (15) teachers have received approval for reimbursement for a first course in a fiscal year, teachers who have been reimbursed for a first course may seek reimbursement for an additional course or courses. Teachers will be reimbursed for a second course in the order that approval forms were received and approved by the superintendent. If then fewer than fifteen (15) courses have been reimbursed, teachers will be reimbursed for a third course in the order that approval forms were received and approved by the superintendent.

Teaches seeking reimbursement for courses beyond their first in a fiscal year will apply for approval prior to registration according to current practices. Teachers seeking reimbursement for an additional course or courses will apply with the understanding that reimbursement is not guaranteed.

Such course reimbursement shall include tuition and fees to a maximum amount of $800 per person per year. Each employee must submit their course and title to the Superintendent prior to the beginning of the course and receive his/her prior approval. The employee must receive a grade of "C" or better and submit a grade report to the Superintendent's Office.

G.        Only courses taken after the award of a Masters degree may be counted toward the Master plus level of the salary schedule. In-service credits applied toward the Masters plus level are limited to three credits per level. In-service credits for the next level must be taken following advancement to the previous level.

ARTICLE XI

SAVINGS CLAUSE

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.

ARTICLE XII

TEACHER EVALUATION

A.        It is understood and agreed that the evaluation of teachers is a function of the Superintendent and Administration, that it is a continuous and ongoing process, and that evaluation of a teacher involves without limitation an appraisal of a teacher's professional fitness, training, and performance in accordance with the following procedures.

B.         All formal monitoring or observation of the work performance of a teacher will be conducted openly and with full knowledge of the teacher. Teachers will be given a copy of any evaluation report prepared by their superiors and will have the right to discuss such reports with their superiors.

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

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

D.        Any serious complaints regarding a teacher made to any member of the administration by any parent, student, or other person, will be promptly called to the attention of the teacher; any disclosure of the name of the complainant to be left to the administration's discretion.

E.         A member of the bargaining unit will be entitled to have a representative of the Association present when meeting with any member of administration on any matter where disciplinary action against the unit member is contemplated.

F.         Peer project(s) and grade level team projects may be substituted for formal evaluation with the prior approval of the Principal. Peer project plans and/or grade level project plans substituted for formal evaluation must be submitted in writing to the Principal for written approval. The plans must clearly delineate the goals and objectives of the proposed project. The Principal shall meet with the project participants during May of each year and goals and objectives of the project shall be reviewed and evaluated in writing. The teacher(s) shall submit a summary written self-evaluation of the approved project.

G.        The parties mutually agree to form a study committee of association members and administrators to study the evaluation plan and to recommend revisions or changes for approval of both groups.

ARTICLE XIII

LEAVES OF ABSENCE WITH PAY

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

SICK LEAVE

A.        In case of personal illness, each teacher shall be entitled to fifteen (15) school days of sick leave without loss of pay which shall be cumulative to a maximum of one hundred sixty (160) days. Deductions for absence because of sickness beyond the period of sick leave shall be made in the same proportion as the number of school days of absence bears to the projected number of school days that will constitute the school year at the time such deduction is made. Should the actual number of days that school is in session be different at the conclusion of the school year, the amount of deduction shall be adjusted at that time to the actual number of days that school was in session. The Superintendent agrees to consider additional sick leave beyond the accumulated provision in the case of individual hardship.

B.         Sick Leave Bank

1.         The Boylston School Committee agrees to establish a sick leave bank. Teachers eligible and wishing to participate shall contribute three days the first year and one day per year thereafter of accumulated sick leave to the bank. Teachers shall be eligible to participate in said bank if they have at least forty-five (45) days of accumulated sick leave at the time of initial contribution. Only teachers who have contributed to the sick leave bank shall be eligible to receive time from the sick leave bank.

2.                  The bank shall be administered by a committee of one (1) representative appointed by the School Committee, one (1) representative appointed by the Teachers' Association and the Superintendent will serve as an ex-officio member of the committee. In case of a tie vote, the Superintendent will have a vote. This committee shall consider the eligibility of teachers to draw from the bank. The decisions of the sick leave bank committee are final and binding and are not subject to the grievance procedure.

3.                  The following criteria shall be used by the sick leave bank committee in determining the  eligibility of a teacher to  draw  from the bank  and determining the amount of leave.

a.a        A teacher must be a member and have used up all of his/her accumulated leave.

a.b       A teacher must submit written evidence from a doctor that he/she is suffering an uncommon, life-threatening or serious and lengthy illness that requires further absences from work.

4.                  Upon compliance with Section 3 above, the sick leave bank committee may issue a grant from the sick leave bank of no more than ninety (90) days.

5.                  The sick leave bank shall have a minimum of one hundred (100) days in reserve. If the number of days falls below one hundred (100), members will be required to re-contribute to make up the difference. However, the total number of sick leave bank days held in reserve shall not exceed three hundred (300) days. In the event the maximum would be exceeded, a yearly contribution will not be required.

6.         Teachers drawing from the sick leave bank shall have their salary reduced by the prevailing daily substitute rate of pay provided that the teacher's salary shall not be reduced below 75%.

EMERGENCY LEAVE

A.        Absence will be granted without loss of pay for not more than (3) days in any one (1) year to permit a teacher to attend to personal or business matters at which his presence is necessary and which could not be postponed to a time in which school is not in session.

B.         Since the absence of a teacher will interrupt the continuity of his class instruction and will result in a lessening of the pupils' education accomplishments, a teacher should avail him/herself of these absences only in unusual and extraordinary circumstances.

C.         To facilitate procurement of the best available substitute instruction, the teacher, whenever possible, will give at least one (1) week's notice of the anticipated absence to the principal. A brief explanation of the reason for the absence will be included on the monthly absence report.

D.        Examples of the kinds of absences covered in this policy include, but are not limited to, the following:

1.         Legal matters, such as transfer of deed, court appearances, and legal consultations which require appointments during the school day.

2.         Sickness in the immediate family, such as a sick child requiring a mother's attention at home, or a member of the immediate family suffering from an illness of a critical nature that would require your presence at the bedside.

3.         Death of a close relative or friend.

4.                  Emotional upset following accident involving oneself or someone closely related or close friend.

5.                  Graduation  of son,  daughter,  or  spouse  from high  school   or college.

6.                  Attendance at a wedding ceremony of a member of the immediate family.

7.                  Religious holidays which require a teacher to be away from his teaching assignments by the rules of his faith.

PROFESSIONAL LEAVE

A.        Teachers will be allowed time up to three (3) days for the purpose of visiting other schools, attending meetings, workshops, or conferences held during the school day, subject to the prior approval of the Superintendent.

B.         One (1) day will be granted for one (1) Association representative to attend a Massachusetts Teachers' Association and/or National Education Association conference or convention.

C.         The Committee will pay expenses not otherwise provided for including fees, meals, lodging and/or transportation incurred by teachers who attend workshops, seminars, conferences, or other professional improvement sessions at the request of the Principal or Superintendent and with the approval of the Superintendent.

LEAVE OF ABSENCE FOR STUDY & RESEARCH

A.        The parties recognize and understand that the Superintendent has the authority under Section 41 A, Chapter 71, as now in force, to "grant a leave of absence" to a tenure teacher "for study or research ... for a period not exceeding one (1) year at full or partial pay" on the following terms and conditions:

1.                  That the Superintendent determine that such leave "would increase" ... the ... "professional ability" of such teacher;

2.                  That the teacher "enter into a written agreement with the Superintendent that upon termination of such leave he will return to service" ... "in the school system" ... for a period equal to twice the length of such leave and that, in default of completing such service, he will refund to the district an amount equal to such proportion of salary received by him while on leave as the amount of service not actually rendered as agreed bears to the whole amount of service agreed to be rendered.

B.         The parties further understand that an application for such leave, when initiated by a teacher, should be filed with the Superintendent on or before December the 1st of the year prior to the year in which the leave is to commence so as to allow the Committee adequate time to include funds in the budget for such purpose. FUNERAL LEAVE

In the event of death in the immediate family of a teacher, a teacher will be granted, at his request, reasonable and necessary time off as funeral leave for as many as five (5) consecutive days, on any of the days prior to the funeral, on the day of the funeral, or on days after the funeral. Said leave shall be without loss of pay for a maximum of three (3) days, any days in excess of three (3) to be taken with loss of pay.

A teacher may apply to the Superintendent for additional compassionate leave in extenuating circumstance. Action on such requests shall be at the discretion of the Superintendent.

For the purpose of this section of the Agreement immediate family shall be defined as husband, wife, significant other, father, mother, sister, brother, son, daughter, mother-in-law, father-in-law, grandparent, step-parent, step/foster child, grandchild and son/daughter in-law. Said leave shall be without loss of pay for up to five (5) days. Any days in excess of five (5) days to be taken with loss of pay.

A teacher may apply to the Superintendent for additional compassionate leave in extenuating circumstances. Action on such requests shall be at the discretion of the Superintendent.

RELIGIOUS LEAVE

Each employee may be granted up to two (2) days' absence from school duties without loss of salary for the observance of religious holidays not regularly included in the school calendar. If taken, there will be no deduction from the individual's personal or accumulated sick leave.

Five (5) school days of advance notification to the Principal will be required as a prerequisite to the granting of religious leave.

MAINTENANCE OF BENEFITS

Upon return to duties from any approved leave of absence, the teacher will have restored to him all benefits accrued by him prior to the commencement of his leave, such as, unused and accumulated sick leave earned by the teacher prior to his leave.

ARTICLE XIV

PROTECTION

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

B.         This report will be forwarded to the Superintendent which will comply with any reasonable request from the teacher for information in its possession relating to the incident or the persons involved.

C.         If criminal or civil proceedings are brought against a teacher alleging that he committed an assault in connection with his employment, the Committee will furnish legal counsel to defend him in such proceeding if he requests such assistance, provided, however, that the facts of the case fall within the scope of Massachusetts General Laws, Chapter 41, Section 100C.

ARTICLE XV

PERSONAL INJURY BENEFITS

Whenever an employee is absent from school as a result of personal injury compensable under the Massachusetts Workers' Compensation laws, the employee will have the option to be paid by the Committee for the difference between his salary and payments received under Workers' Compensation. Such payments will be charged to sick leave on a pro-rata basis. Once an employee's sick leave has been exhausted, the employee's only recourse shall be payment under the Workers' Compensation Law.

ARTICLE XVI

INSURANCE AND ANNUITY PLAN

The School Committee indicates its willingness to enter into a written agreement with any of the members of the employee unit to purchase an individual or group annuity contract for such employee or employees, in any instance or instances where it approves such a contract in accordance with the discretion vested in it by Massachusetts General Laws Chapter 71, Section 37B, said transaction to be handled in all respects in accordance with the terms and provisions of said Section 37B.

ARTICLE XVII

GRIEVANCE PROCEDURE

1.         DEFINITION A dispute concerning the interpretation and application of the terms of this Agreement shall be a grievance.

2.         TIME LIMITS All time limits herein shall consist of calendar days. Legal holidays and school vacations shall not be considered in the computation of time limits, provided that grievances which arise at the end of the school year or during summer vacation shall be filed with the Principal and the Superintendent within ten (10) calendar days from the date when the grievant knew or reasonably should have known of such grievance. The time limits indicated hereunder will be considered maximum unless extended by mutual agreement in writing.

3.         LEVEL ONE A teacher with a grievance will present it in writing to his Principal either directly or through the Association. In the event that the teacher is not directly responsible to an individual Principal, then he will present it to his immediate supervisor.

LEVEL TWO If the grievance is not resolved to the satisfaction of the grievant or the Association within four (4) days after submission at Level One, the teacher and/or the Association may present the grievance in writing to the Superintendent.

LEVEL THREE If the  grievance is not resolved to the  satisfaction  of the grievant or the Association within five (5) days after submission at Level Two, the teacher and/or the Association may present the grievance in writing to the School Committee. LEVEL FOUR If the grievance is not resolved to the satisfaction of the Association within thirty (30) calendar days, or if no response is received from the Committee within thirty (30) calendar days after written submission at Level Three, the Association shall have fifteen (15) calendar days to submit the matter for arbitration to the American Arbitration Association for a binding resolution. The arbitrator will be without authority to make any decision which violates or which would alter, add to, detract from or modify the terms of this Agreement.

Each party shall bear the expense arising from the preparation and presentation of its own case. The fees and expenses of the arbitrator and the American Arbitration Association shall be shared equally by the Committee and the Association.

4.         GENERAL PROVISIONS

a.         The Association shall have the right to include in its presentation representatives of its own choosing.

b.         The School Committee acknowledges the right of the Association to participate in the processing of a grievance at Level Two or above, and at Level One, with the concurrence of the teacher.

c.         Provided the parties agree, Level One and/or Level Two of the Grievance Procedure may be bypassed and the grievance brought directly to the next step.

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

e.         The Committee and the Administration will cooperate with the Association in its investigation of any grievance and, further, furnish the Association with such information as is requested for the processing of any grievance.

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

5.         When it is necessary, pursuant to the Grievance Procedure, for a member of the Association to attend a grievance meeting, or hearing during a school day, he will   be   released,   without   loss   of pay,   as   necessary,   in   order   to   permit participation in the foregoing activity. It is agreed that the Association will cooperate with the School Committee so that wherever feasible, grievance meetings or hearings will be scheduled outside the school day.

6.         Any grievance hereunder must be filed within ten (10) calendar days of the date that the grievant knew or reasonably should have known of the alleged violation. In the event the grievance is not so filed, it shall be deemed to have been waived.

ARTICLE XVIII

SALARIES

The members of the employee unit shall receive the salaries set forth in Appendix "A" attached hereto.

Any teacher who is lawfully employed and assigned to less than a full-time position shall have his/her salary prorated in accordance with the ratio of his/her assignment in relation to that of a full-time teacher.

ARTICLE XIX

AMENDMENTS

This contract may be amended by mutual agreement at any time and in any respect provided such amendment shall be in writing signed by both parties.

ARTICLE XX

REDUCTION IN FORCE

1.         When the School Committee determines that the number of teachers in its employ should be reduced, the reduction shall be accomplished as follows:

a.a       A teacher with professional status shall not be reduced, if there is a teacher without professional status whose position the teacher is qualified to fill.

a.b       If a teacher with professional status is to be reduced, the least senior teacher in the bargaining unit shall be reduced first; provided, however, that the School Committee may retain a junior teacher only when such teacher is demonstrably superior in performance and/or qualifications as determined by formal evaluations and professional development or by virtue of special skills relevant to the position to be filled. All such factors shall be considered relative to the teachers in question. Where the junior teacher is being retained, the Association may appeal the application of these standards to arbitration under Article XVII of the Agreement.

2.                  Seniority shall be defined as continuous service in the Boylston Public Schools as calculated in years, months and days. Unpaid leaves of absence in excess of twenty (20) consecutive days shall not be counted in the computation of seniority. Part-time employees shall accrue one year seniority when the fractional part of years of employment add up to a full employment year. For example, a part-time employee has worked ten (10) years at .5 () time has five (5) years seniority.

3.                  Teachers who are affected by a RIF shall be notified in writing by June 30 of the calendar year in which the reduction will take effect.

4.                  Teachers who have been laid off shall be entitled to recall rights for two (2) years after the effective date of the layoff. The effective date of layoff shall be the day after the last day of school.

5.                  During the recall period, teachers on recall shall be given preference for any vacancy or new position based on the same criteria set forth in subsection one (1) for layoff.

6.                  Teachers on recall shall be notified by certified mail of any vacancy or new position. Notices will be sent to the teachers' last known addresses. Teachers shall have the responsibility of keeping the Superintendent informed of any change in address.

7.                  All benefits, including salary and tenure, to which a teacher was entitled at the time of layoff shall be restored in full upon recall.

8.                  To the extent allowed for by law, laid off teachers may continue group health and life insurance coverage during the recall period as provided by the Committee to members of the bargaining unit by reimbursing the School Committee for full premium cost. Failure to forward premium payments to the Committee by the 15th day of each month will terminate this option.

ARTICLE XXI

DURATION

A.        This Agreement shall take effect as of August 25, 2007 and shall remain in effect through August 24, 2010.

B.         This Agreement shall thereafter automatically renew itself for successive terms of one (1) year each, unless either party shall have given the other written notice on or before October 1st, prior to the end of the contract term; of its election to modify or terminate the contract upon the expiration of its current term.

ARTICLE XXII

ENHANCED LONGEVITY PROGRAM

In addition to any other longevity payments to which one may otherwise be entitled elsewhere in the contract, there shall also be an enhanced longevity payment that will be available only to those employees who have served in the bargaining unit for at least fifteen (15) years, at least ten (10) of which are uninterrupted, at the time the enhanced longevity payments will begin. Approved medical leaves of absence for a period of up to one (1) year shall not be considered a discontinued service. Only once during their career, any such employee shall be eligible to receive an enhanced longevity payment in the amount of three thousand three hundred thirty-three ($3,333.00) per year for any single period of three (3) consecutive years he/she teaches, subject to the following conditions:

1.                  The employee must give written notice of his/her intent to access this enhanced longevity payment to the Superintendent or his/her designee prior to the October 1 preceding the contract year in which the employee desires to begin receiving this benefit. Eligible bargaining unit members who wish to commence receiving this benefit during the 2004-2005 school year must notify the Superintendent in writing not later than September 15,2004.

2.                  Once given, the written notice will be irrevocable.

3.                  Once the three (3) year period for this enhanced longevity payment has been completed, the enhanced longevity payments to that employee will terminate.

4.                  The enhanced longevity payments will be made in equal bi-weekly installments, less normal payroll and retirement deductions.

5.                  It is expressly understood that there is no contractual ability to sell-back any unused sick days upon one's retirement.

6.                  A maximum of three (3) teachers may elect commencement of the benefit in any given year. If more than three teachers elect to begin receiving the benefit, then the following procedure will be put in place:

a.         A request will be sent to all teachers who have elected to begin receiving the benefit asking for volunteers willing to delay the implementation of the longevity payment for one year.

b.         If there are not a sufficient number of volunteers within five (5) days of the request for volunteers, then the three (3) employees with the greatest amount of total service in the District will be approved, and those not approved, up to three (3) people, will begin receiving payments in the subsequent year.

c.         The Superintendent may, in his/her sole discretion, allow more than three (3) people to enter into this program in any given year, where doing so, in his/her sole opinion, is in the District's best interest.

7.                  In order to receive the enhanced longevity benefit, teachers participating in this program must work through the end of the school year. They may not retire during any of the three school years to which this benefit is tied.

8.                  Any bargaining unit member who leaves the District's employ prior to the conclusion of the third school year to which this benefit is tied will, alternatively, have the remainder of the money the District would have paid him/her in enhanced longevity paid-out in two (2) equal installments over the two (2) fiscal years following the fiscal year in which he/she retired.

9.         Bargaining unit members working less than full time will be eligible for this benefit on a pro-rated basis.

10.       A bargaining unit member electing this benefit may have enhanced longevity payments deposited into a 403b plan of the member's choosing.

IN WITNESS WHEREOF the parties hereto have caused these presents to be executed by their representatives hereunto duly authorized, and their respective seals to be hereto affixed this day of    2007.

BOYLSTON SCHOOL COMMITTEE             BOYLSTON TEACHERS' ASSOCIATION

________________________________        ________________________________

________________________________        ________________________________

________________________________        ________________________________

________________________________        ________________________________

Municipal Representative

APPENDIX A

BOYLSTON ELEMENTARY SCHOOL

TEACHERS' SALARY SCHEDULE

2007-2008 - 3%

Three semester hours of post-graduate training (approved course) must be taken every third year of employment by the school system in order to qualify for a step increase on the salary scale.

Longevity increment of $500 will be given according to Article 10, Section E of the Agreement. In order for a teacher to receive a longevity increment after reaching the eleventh step on the salary scale, one of the conditions shall be that the teacher must fulfill the requirement of three semester hours of post-graduate training (with course approval by the Superintendent).

APPENDIX A

BOYLSTON ELEMENTARY SCHOOL

TEACHERS' SALARY SCHEDULE

2008-2009 - 3%

Three semester hours of post-graduate training (approved course) must be taken every third year of employment by the school system in order to qualify for a step increase on the salary scale.

Longevity increment of $500 dollars will be given according to Article 10, Section E of the Agreement. In order for a teacher to receive a longevity increment after reaching the eleventh step on the salary scale, one of the conditions shall be that the teacher must fulfill the requirement of three semester hours of post-graduate training (with course approval by the Superintendent).

APPENDIX A

BOYLSTON ELEMENTARY SCHOOL

TEACHERS' SALARY SCHEDULE

2009-2010-3%

Three semester hours of post-graduate training (approved course) must be taken every third year of employment by the school system in order to qualify for a step increase on the salary scale.

Longevity increment of $500 dollars will be given according to Article 10, Section E of the Agreement. In order for a teacher to receive a longevity increment after reaching the eleventh step on the salary scale, one of the conditions shall be that the teacher must fulfill the requirement of three semester hours of post-graduate training (with course approval by the Superintendent).

APPENDIX B

Annual Stipends will be paid to the following individuals:

Position                                                                   Stipend

Assistant Principal                                                    $1,500

Team Leader (SP)                                                    $1,200

Chair of Curriculum Committee*                               $ 750

Curriculum Committee Member*                               $ 500

(*The District shall only be obligated to pay this stipend when a bargaining unit member from the Boylston Teachers' Association occupies the position.)

Side letter of Agreement

Between the Boylston School Committee

And Boylston Teachers' Association

December 23, 2005

The Boylston School Committee and the Boylston Teachers' Association agree to the following amendments to the teachers' contract:

Amendment to Article XIII, Section B

As of the date of this document the Sick Bank has exceeded the 300-day maximum outlined in Paragraph 5. The following serves as an amendment to administer and dispense with the surplus over time.

•                      When the sick bank reaches or exceeds 300 days, yearly contributions by existing members of the bank will cease until contributions are needed to replenish the bank to 300 days.

•                      Newly eligible teachers will be given the chance to enroll for the 3-day contribution as outlined in the existing contract.

•                      Previously eligible teachers may also chose to enroll as outlined in the contract by contributing a day for each year of past eligibility in addition to the initial contribution of three days..

•                      Those teachers who elect not to enroll at original eligibility may enroll at the beginning of any future school year by contributing a day for each year of past eligibility in addition to the initial contribution of three days..

•                      It is understood that these new contributions may increase the number of days in the sick bank to more than 300.

•                      Once new enrollments are completed each year, a determination of excess days will be made and be placed in reserve.

•                      At the end of each contract year, reserve days will be used to replenish the bank to 300 if the number of days has fallen below 300.

•                      Remaining reserve days will be carried forward until the reserve is exhausted.

________________________                     ________________________

________________________                     ________________________

________________________                     ________________________

________________________                     ________________________

BTA                                                             Boylston School Committee

________________________                    ________________________

Date:                                                            Date:

Side letter of Agreement

Between the Boylston School Committee

and the Boylston Teachers' Association

December 23, 2004

Amendment to Article XVIII

As of the day of this amendment, the Boylston teachers are scheduled to encounter a period of a month without receiving a paycheck with the last pay date to be on August 17, 2005 for the 2004-2005 academic year and the first pay date of the following contract year scheduled to occur on September 14, 2005. The purpose of this amendment is to avoid all instances that teachers could go more than two weeks without a paycheck except for the first pay check for newly hired teachers and those teachers who chose the lump sum option the previous year.

The parties agree that for the 2004-2005 school year the remainder of the 2004-05 salary due teachers as of the January 19, 2005 pay date will be divided into seventeen equal parts and be disbursed biweekly with the last check to be issued August 31, 2005.

The parties further agree that beginning with the 2005-2006 school year and thereafter Salaries will be paid in areers on a bi-weekly schedule on alternating Wednesdays according to the Town of Boylston's pay schedule.   Teachers' salaries will be evenly distributed over the biweekly pay periods for the year.

. A member of the employee bargaining unit will have the option to be paid all previously unpaid monies due for services during the school year in a lump sum no later than June 30, provided that a written request is made not later than May 15 of that year on a form to be provided by the Superintendent's office, and provided further that all such services have been completed by June 30 of said year. The superintendent will furnish teachers with a schedule of salary payments for each academic year by September 15 of the previous academic year.

________________________                            ________________________

________________________                            ________________________

________________________                            ________________________

________________________                            ________________________

BTA                                                                     Boylston School Committee

________________________                             ________________________

Date                                                                     Date