Brockton

Show detailed information about district and contract

DistrictBrockton
Shared Contract District
Org Code440000
Type of DistrictMunicipal K12
Union AffiliationMTA
Most Recent DocumentContract
Expiring Year2013
Expired Status
Superintendency Union
Regional HS Members
Vocational HS MembersSoutheastern RVTSD
CountyPlymouth
ESE RegionCommissioners Districts
UrbanUrban Supt Network
Kind of Communityurbanized centers
Number of Schools21
Enrollment15502
Percent Low Income Students72
Grade StartPK or K
Grade End12
download pdf version of this document view accessible version of this document Brockton

 

AGREEMENT

 

BETWEEN THE

 

BROCKTON

 

SCHOOL COMMITTEE

 

AND THE

 

BROCKTON

 

EDUCATION

 

ASSOCIATION

 

 

 

 

SEPTEMBER 1, 2005 - AUGUST 31, 2008

(extended by MOA to August 31, 2011)

(extended by MOA to August 31, 2013)

 

 

 

This Agreement

Is Made and Entered Into

On This First

Day of September, 2005

By and Between the

 

BROCKTON SCHOOL COMMITTEE

(hereinafter referred to as the “Committee”)

 

and the

 

BROCKTON EDUCATION ASSOCIATION

(hereinafter referred to as the “Association”)

 

September 1, 2005 - August 31, 2008

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

BROCKTON SCHOOL COMMITTEE

CODE OF ETHICS

 

PREAMBLE

 

The acceptance of a Code of Ethics implies the understanding of the basic organization of School Committees under the Laws of the Commonwealth of Massachusetts.  The oath of office of a School Committee member binds the individual member to adherence to those State Laws which may apply to School Committees since School Committees are Agencies of the State.

 

AREAS OF RESPONSIBILITY

 

This Code of Ethics delineates three areas of responsibility of School Committee members in addition to that implied in the preamble; (1) community responsibility; (2) responsibility to school administration; (3) relationship to fellow committee members.

 

1.  A School Committee member in his/her relations with his/her community shall:

      a. realize that his/her primary responsibility is to the children;

      b.  recognize that his/her basic function is to be policy making and not administrative;

      c. remember that he/she is one of a team and must abide by, and carry out, all committee decisions once they are made;

      d.  be well informed concerning the duties of a committee member on both a local and state level;

      e.  remember that he/she represents the entire community at all times; and

      f. accept the office as a committee member as a means of unselfish service with no intent to “play politics” in any sense of the word, or to benefit personally from his/her committee activities.

 

 

2.  A School Committee member in his/her relations with his/her school administration shall:

 

      a.  endeavor to establish sound, clearly-defined policies which direct and support the administration;

      b. recognize and support the administration chain of command and refuse to act on complaints as an individual outside the administration;

 

 

 

      c.  act only on the recommendations of the chief administrator to all matters of employment or dismissal of school personnel;

      d. give the chief administrator full responsibility for discharging his/her professional duties and hold him/her responsible for acceptable results; and

      e.  refer all complaints to the administrative staff for solution and only discuss them at committee meetings if such solutions fail.

 

 

3. A School Committee member in his/her relations to his fellow committee members shall:

 

      a. recognize that action at official meetings is binding and that he/she alone cannot bind the committee outside of such meetings;

      b.  realize that he/she should not make statements or promises of how he/she will vote on matters that will come before the committee;

      c. uphold the intent of executive sessions and respect the privileged communication that exists in executive sessions;

      d. not withhold pertinent information on school matters or personnel problems either from members of his/her own committee or from members of other committees who may be seeking help and information on school problems; and

      e. make decisions only after all facts on a question have been presented and discussed.

 

BROCKTON EDUCATION ASSOCIATION

CODE OF ETHICS

 

PREAMBLE

 

The educator believes in the worth and dignity of mankind.  He/she recognizes the supreme importance of the pursuit of truth, devotion to excellence and the nurture of democratic citizenship.  He/she regards as essential to these goals the protection of freedom to learn and to teach and the guarantee of equal educational opportunity for all.  The educator accepts his/her responsibility to practice his/her profession according to the highest ethical standards.  The educator recognizes the magnitude of the responsibility he/she has accepted in choosing a career in education, and engages himself/herself, individually and collectively with other educators, to judge his/her colleagues, and to be judged by them in accordance with the provisions of this code.

 

PRINCIPLE I - Commitment to the Student

 

The educator measures his/her success by the progress of each student toward realization of his/her potential as a worthy and effective citizen.  The educator, therefore, works to stimulate the spirit of inquiry, the acquisition of knowledge and understanding, and the thoughtful formulation of worthy goals.  In fulfilling his/her obligation to the student, the educator:

 

1. shall not without just cause restrain the student from independent action in his/her pursuit of learning and shall not without just cause deny the student access to varying points of view;

2. shall not deliberately suppress or distort subject matter for which he/she bears responsibility;

3.  shall make reasonable effort to protect the students from conditions harmful to learning or to health and safety;

4.  shall conduct professional business in such a way that he/she does not expose the student to unnecessary embarrassment or disparagement;

5.  shall not on the ground of race, color, creed, sex, or national origin exclude any student from participation in or deny him/her benefits under any program nor grant any discriminatory consideration or advantage;

6.  shall not use professional relationships with students for private advantage;

7.  shall keep in confidence information that has been obtained in the course of professional service, unless disclosure serves professional purposes or is required by law; and

8.  shall not tutor for remuneration students assigned to his/her classes, unless no other qualified teacher is reasonably available.

 

PRINCIPLE II - Commitment to the Public

 

The educator believes that patriotism in its highest form requires dedication to the principles of our democratic heritage.  He/she shares with all other citizens the responsibility for the development of sound public policy and assumes full political and citizenship responsibilities.  The educator bears particular responsibility for the development of and for interpreting educational programs and policies to the public.  In fulfilling his/her obligation to the public, the educator:

 

1.  shall not misrepresent an institution or organization with which he/she is affiliated, and shall take adequate precautions to distinguish between his/her personal and institutional or organizational views;

2.  shall not knowingly distort or misrepresent the facts concerning educational matters in direct and indirect public expressions;

3.  shall not interfere with a colleagueʼs exercise of political and citizenship rights and responsibilities;

4.  shall not use institutional privileges for private gain or to promote political candidates or partisan political activities; and

5.  shall accept no gratuities, gifts, or favors that might impair or appear to impair professional judgment nor offer any favor, service or thing of value to obtain special advantage.

 

PRINCIPLE III - Commitment to the Profession

 

The educator believes that the quality of the services of the education profession directly influences the nation and its citizens.  He/she, therefore, exerts every effort to raise professional standards, to improve his/her service, to promote a climate in which the exercise of professional judgment is encouraged, and to achieve conditions which attract persons worthy of the trust to careers in education.  Aware of the value of united effort, he/she contributes actively to the support, planning and programs of professional organizations.  In fulfilling his/her obligation to the profession, the educator:

 

1.  shall not discriminate on the ground of race, color, creed, sex or national origin for membership in professional organizations, nor interfere with the free participation of colleagues in the affairs of their association;

2.  shall accord just and equitable treatment to all members of the profession in the exercise of their professional rights and responsibilities;

3.  shall not use coercive means or promise special treatment in order to influence professional decisions of colleagues;

4.  shall withhold and safeguard information acquired about colleagues in the course of employment unless disclosure serves professional purposes;

5.  shall not refuse to participate in a professional inquiry when requested by an appropriate professional association;

6.  shall provide upon the request of the aggrieved party a written statement of specific reason for recommendations that lead to the denial of increments, significant changes in employment or termination of employment;

7.  shall not misrepresent his/her professional qualifications; and

8.  shall not knowingly distort evaluations of colleagues.

PRINCIPLE IV - Commitment to Professional Employment Practices

 

The educator regards the employment agreement as a pledge to be executed both in spirit and in fact in a manner consistent with the highest ideals of professional service.  He/she believes that sound professional/personal relationships with governing boards are built upon personal integrity, dignity, and mutual respect.  The educator discourages the practice of his/her profession by unqualified persons.  In fulfilling his/her obligation to professional employment practices, the educator:

 

1.  shall apply for, accept, offer, or assign a position or responsibility on the basis of professional preparation and legal qualifications;

2. shall apply for a specific position only when it is known to be vacant, and shall refrain from underbidding or commenting adversely about other candidates;

3.  shall not knowingly withhold information regarding a position from an applicant or misinterpret an assignment or conditions of employment;

4.  shall give prompt notice to the employing agency of any change in availability of service, and the employing agent shall give prompt notice of change in availability or nature of a position;

5.  shall not accept a position when so requested by the appropriate professional organization;

6.  shall adhere to the terms of a contract or appointment, unless these terms have been legally terminated, falsely represented or substantially altered by unilateral action of the employing agency;

7.  shall conduct professional business through channels, when available, that have been jointly approved by the professional organization and the employing agency;

8.  shall not delegate assigned tasks to unqualified personnel;

9.  shall permit no commercial exploitation of his/her professional position; and

10.  shall use time granted for the purpose for which it is intended.

 

ARTICLE I

RECOGNITION

 

A. For purposes of collective bargaining on questions of wages, hours, and conditions of employment, the Committee recognizes the Association as the exclusive representative of the following professional employees of the Brockton School System:

 

UNIT A:

All Assistant Principals, all Housemasters and Assistant Housemasters, and all Directors, Coordinators, Supervisors, Department Heads and Team Facilitators, but excluding all other employees of the Brockton School Department.

 

UNIT B:

All professional employees of the Brockton School Department including the school nurses, but excluding the Superintendent, the Deputy and/or Assistant Superintendent(s), the Principals, the Executive Directors, the members of Unit A and substitute teachers. 

 

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

 

B.  Except as specifically abridged, delegated, granted or modified by this Agreement or any supplement thereto or Chapter 150E of the General Laws of Massachusetts, all of the 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 procedure and/or arbitration.

 

ARTICLE II

NEGOTIATION PROCEDURE

 

A.  1.  Not later than December 1st of the calendar year preceding the calendar year in which this Agreement expires, the Committee agrees to enter into negotiations with the Association over a successor Agreement in accordance with the procedure set forth herein in a good faith effort to reach agreement concerning teachersʼ wages, hours, and other conditions of their employment. Such negotiation will include any matters covered by this Agreement and any other matters which the parties mutually agree are negotiable or which are by law held to be negotiable. Any agreement so negotiated will apply to all teachers covered by this Agreement and will be reduced to writing and signed by the Committee and the Association.

 

2.  During negotiations, the Committee and the Association will present relevant data, exchange points of view, and make proposals and counterproposals.  Either party may, if it so desires, utilize the services of outside consultants and may call upon professional and lay representatives to assist in the negotiations.

 

B.  Before the Committee adopts a change in policy which affects wages, hours, or any other conditions of employment which is not covered by the terms of this Agreement and which has not been proposed by the Association, the Committee will notify the Association in writing that it is considering such a change.  The Association will have the right to negotiate with the Committee, provided that it files such a request with the Committee within ten (10) days after receipt of said notice.  If the Association files the aforementioned request and no agreement is reached, a dispute over any implemented change concerning wages or hours shall be subject to the grievance and arbitration procedures as set forth in this Agreement.

 

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

 

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

 

 

ARTICLE III

GRIEVANCE PROCEDURE

 

A.  Definitions

 

1.  A “grievance” is defined as a complaint by the Association, the Committee, a teacher or a group of teachers, based upon an alleged violation of or variation from the provisions of the Agreement or the interpretation or application thereof.

 

2.  A “party in interest” is the person or persons making the claim, the Association, the Committee, and/or any person who might be required to take action or against whom action might be taken in order to resolve a claim.

 

 B.  Purpose

 

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

 

2.  Nothing herein contained will be construed as limiting the right of any teacher having a grievance to discuss the matter informally with any appropriate member of the administration, and having the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement. At the option of the teacher, the Association will be given the opportunity to be present at the final adjustment and to state its views.

 

C.  Procedure

 

Since it is important that a grievance be processed as rapidly as possible, the number of days indicated at each level should be considered as a maximum, and every effort should be made to expedite the process.  The time limits specified may, however, be extended by mutual agreement.  In the event a grievance is filed on or after June 1st, which, if left unresolved until the beginning of the following school year, could result in irreparable harm to a party in interest, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school term or as soon thereafter as is practicable.  Whenever there is a reference to either a number of days or to a number of school days in this Article, the computation of days during the period between September 1st and June 30th shall be based solely upon days on which school is in session; the computation of days between July 1st and August 31st shall be based solely upon weekdays, i.e., Monday through Friday with legal holidays excluded.

 

1.  LEVEL ONE - A teacher or a group of teachers with a grievance will first discuss it with the principal or immediate supervisor, either directly or through the Associationʼs School Representative, with the objective of resolving the matter informally.  The grievance shall be in writing, signed by the grievant, grievants or by a representative of the group when the grievance is being submitted by a group of teachers and shall indicate the date, time and place of the occurrence giving rise to the grievance and the provision of the Agreement allegedly violated, varied from or with respect to which the interpretation or application thereof is in question.  The Level One answer shall be supplied in writing to all interested parties, including the Chairman of the PR&R Committee, within ten (10) school days after the Level One discussion and shall set forth both the answer and the reasons therefore.

 

2. LEVEL TWO - (a)  If the Level One answer does not satisfactorily resolve the grievance, then within twenty (20) school days after the presentation at Level One, the Chairman or other representative of the PR&R Committee may refer the grievance to the Superintendent of Schools or his/her designee.

 

(b) The Superintendent or his/her designee will represent the administration at this level of the grievance procedure.  Within ten (10) school days after receipt of the written grievance by the Superintendent or his/her designee, the Superintendent or his/her designee will meet with the aggrieved person or persons and/or with a representative of the PR&R Committee in an effort to resolve it.  The Level Two answer shall be supplied in writing to the Chairman of the PR&R Committee within ten (10) school days after the Level Two meeting and shall set forth both the answer and the reasons therefore.

 

(c) If a written grievance is not forwarded to the Superintendent or his/her designee within thirty (30) school days after the aggrieved party knew or could with diligence have known of the act or condition on which the grievance is based, then the grievance will be considered as waived.  A dispute as to whether a grievance has been waived under this paragraph will be subject to arbitration pursuant to Level Four.

 

3. LEVEL THREE -  (a) If the Level Two answer does not satisfactorily resolve the grievance, then within twenty (20) school days after the presentation at Level Two, the Chairman or other representative of the PR&R Committee may refer the grievance to the School Committee.  Within ten (10) school days after the School Committee receives the written grievance, the Grievance Subcommittee of the School Committee shall meet with the aggrieved person or persons and/or with a representative of the PR&R Committee in an effort to resolve it.  The Grievance Subcommittee shall submit its report on the grievance at the next School Committee meeting following the grievance meeting for consideration by the full School Committee.  The Association shall be notified when the Grievance Subcommitteeʼs report is to be considered by the full School Committee and shall be given the opportunity to have a representative present an argument to the School Committee in support of its position on the particular grievance at the time that the Grievance Subcommitteeʼs report on the grievance is being considered by the School Committee.  The Level Three answer shall be supplied in writing to the Chairman of the PR&R Committee within ten (10) school days after the Level Three meeting and shall set forth both the answer and the reasons therefore.

 

(b)  In the event that the Committee has a grievance against the Association and/or its members, the grievance will commence at Level Three.  The Committee will notify the Association in writing relative to the alleged grievance.  Within five (5) school days after receiving the written grievance the Chairman of the PR&R Committee and the President or his/her designee will meet with the Committee for the purpose of resolving the grievance.

 

4.  LEVEL FOUR -  (a) If the Level Three answer does not satisfactorily resolve the grievance, then, within thirty (30) days after the meeting at which the full School Committee considers the report of the Grievance Subcommittee, the Chairman or other representative of the PR&R Committee may refer the grievance to arbitration.

 

(b)  If the Committee is not satisfied with the disposition of the grievance at Level Three, or if no agreement has been reached with the Association within ten (10) school days after the Association met with the Committee, the Committee may, within five (5) school days after the Level Three disposition, or fifteen (15) school days after the Association met with the Committee, whichever is sooner, request in writing that the grievance matter be submitted to arbitration.  The Committee may, if it so desires, submit the grievance to arbitration within fifteen (15) school days.

 

(c)  Within ten (10) school days after such written notice of submission to arbitration, the School Committee and the PR&R Committee will agree upon a mutually acceptable arbitrator and will obtain a commitment from said arbitrator to serve.  If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, a request for a list of arbitrators may be made to the American Arbitration Association by either party.  The parties will be bound by the rules and procedures of the American Arbitration Association in the selection of an arbitrator.

 

(d)  The arbitrator so selected will schedule a hearing and will issue his/her decision as soon as possible after the hearing has been concluded.  The arbitratorʼs decision will be in writing, will set forth his/her findings of fact, reasoning and conclusions on the issues submitted and will be final and binding upon the parties. However, the arbitrator shall not have the power to alter, add to or detract from the provisions of this Agreement.

(e)  The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses will be borne equally by the School Committee and the Association.

 

D.  Rights of Teachers to Representation

 

1.  No reprisals of any kind will be taken by the School Committee, by any member of the administration or by the Association against any party in interest, any School representative, any member of the PR&R Committee or any other participant in the grievance procedure by reason of such participation.

 

2.  Any member of the bargaining unit may be represented at all stages of the grievance procedure by a person of his/her own choosing except that he/she may not be represented by a representative or an officer of any teacher organization other than the Association.  When a member of the bargaining unit is not represented by the Association, the Association shall have the right to be present and to state its view at all stages of the grievance procedure.

 

 

E.  Miscellaneous

 

1.  If, in the judgment of the PR&R Committee, a grievance affects either a group or class of teachers or the Association as a party to the contract, the processing of any such grievance may be commenced by the PR&R Committee at Level Two.

 

2.  If a grievance is filed in response to some action taken by the Superintendent, it shall be instituted at Level Two. If a grievance is filed in response to some action taken by the School Committee, it shall be instituted at Level Three.  In either instance, the grievance shall be instituted within thirty (30) school days after the aggrieved party knew or could with diligence have known of the act or condition on which the grievance is based.

 

3. Any answer to a grievance that is in favor of the aggrieved person or persons shall provide for restitution and/or for such other remedy as may be appropriate under the circumstances of that particular grievance provided that no such remedy shall be retroactive beyond the thirtieth school day prior to the submission of the written grievance at Level Two.

 

4.  Unless requested to do otherwise by the teachers in question, any documents, communications and records dealing with the processing of a grievance will be kept in the strictest confidence and will not be made available to potential employers or others inquiring about said teachers.

 

5.  Forms for filing grievances, serving notices, taking appeals, making reports and recommendations, and other necessary documents will be jointly prepared by the Superintendent and the Association and given appropriate distribution so as to facilitate operation of the grievance procedure.

 

6.  It is mutually agreed that no portion of the Code of Ethics that is incorporated in this Agreement is subject to grievance or arbitration.

 

ARTICLE IV

SALARIES, RATIOS AND DIFFERENTIALS

 

A.  1. For the school years 2005 – 2006 and 2006 – 2007, teachers

shall be paid their annual salaries in twenty-seven (27) equal bi-weekly installments as per the schedules that are set forth in the “Salary Creep” Memorandum of Agreement dated August 15, 2005.

 

2. Beginning with the 2007 – 2008 school year, teachers shall be paid their annual salaries in twenty-six (26) equal bi-weekly installments on every other Friday during their respective work years except in those years in which twenty-seven (27) Friday paydays occur between September 1 and August 31.  In such years, teachers shall be paid their annual salaries in twenty-seven (27) equal bi-weekly installments on every other Friday during their respective work years.

 

3. In the event that a teacher leaves the employ of the Brockton School Department at a point in time when the teacher has received a greater portion of his or her annual salary than the teacher has actually earned based upon the time that he/she has worked up to that point, the teacher will be required to refund the excess unearned amount to the School Department.

 

B.  Teachers will have the option of collecting their July and August salary checks on the last regularly scheduled pay date in June, but only provided the teacher notifies the Superintendent or his/her authorized agent in writing by June 1st of the teacherʼs intention to exercise his/her option under this section of the Agreement.

C. Effective as of the following dates, all salaries on the Teachers Salary Schedule shall be increased as follows:

 

Effective September 1, 2005  2%

 

Effective September 1, 2006  2%

 

Effective September 1, 2007   2.5%

 

Effective as of the 2007/08

salary midpoint   3%

 

The foregoing salary increases shall also be applied to those bargaining unit positions which do not appear on the Teachers Salary Schedule (the so-called “off schedule positions”).

 

All hourly rates for teachers and administrators shall be increased in accordance with the following schedule:

 

Effective upon ratification    2%

 

Effective September 1, 2006    2%

 

Effective September 1, 2007  5.5%

 

D.  The following percentage increases shall be applicable to all rates in Appendix B (Coaches Schedule).

 

Effective September 1, 2005  2%

 

Effective September 1, 2006  2%

 

Effective September 1, 2007  5.5%

 

E.  The following percentage increases shall be applicable to all rates in Appendix C (Extracurricular Activities):

 

Effective September 1, 2005    2%

 

Effective September 1, 2006    2%

 

Effective September 1, 2007    5.5%

 

F.  Attached hereto as Appendices A-1 to A-4 are the Teacher Salary Schedules that will be in effect during the term of the 2005 – 2008 Collective Bargaining Agreement.

 

G.  In the case of administrators and other bargaining unit personnel who are employed on a twelve month basis, the foregoing general salary increases which are scheduled for September 1 for teachers shall take effect as of the immediately preceding July 1st and those which are scheduled for the midpoint of a salary computation year shall take effect as of the immediately preceding January 1st.

 

H.  The ratios for administrators as indicated in Appendix D which is attached hereto and made a part hereof shall be applied to the new maximums of the Masters column on the Teachersʼ Salary Schedule on the same dates as of which those maximums are increased in accordance with the preceding paragraphs.  As a result of certain prior agreements between the School Committee and the Association, certain administrators (or former administrators) whose salaries were “red-circled” pursuant to those agreements shall continue to be compensated in accordance with the terms of those agreements.

 

I.  The salaries of all personnel covered by this Agreement who receive a differential shall have that differential indicated in Appendix E which is attached hereto and made a part hereof.

 

J. The compensation for missed preparation periods shall be increased from $10.66 per half hour to a sum that is equal to the pro-rated contractual hourly rate for the actual time missed.  The compensation for missed preparation periods shall be increased to reflect the prorated contractual hourly rate whenever that rate is increased.

 

 

ARTICLE V

TEACHING HOURS AND TEACHING LOAD

 

A.  1.  The starting and dismissal times for students shall be as follows:

 

Elementary Schools   8:35 a.m. to 2:50 p.m.

Middle Schools*    7:35 a.m. to 2:05 p.m.

Brockton High School   7:30 a.m. to 2:09 p.m.

 

2.  The workday for teachers in the Brockton Public Schools shall be as follows:

 

Elementary Schools   8:20 a.m. to 3:05 p.m.

Middle Schools  7:20 a.m. to 2:32 p.m.

Brockton High School   7:20 a.m. to 2:33 p.m.

3. The starting and ending times for both the students and the teachers in certain Elementary Schools may be modified by the School Committee for the sole purpose of implementing a staggered busing schedule.  Any such modification in time shall be subject to the following conditions:

 

(a)  No such modification shall be greater than fifteen (15) minutes at either end of the day.

 

(b) The same modification shall be made for both the starting and dismissal times at any such school - e.g. if the starting time for both the student and teacher day is advanced by fifteen (15) minutes at a particular school, the dismissal or ending time for both the students and the teachers at that school shall similarly be advanced by fifteen (15) minutes.

 

(c) The length of the studentsʼ school day shall not be longer than six (6) hours and fifteen (15) minutes.

 

(d)  The length of the teachersʼ work day shall not be longer than six (6) hours and forty-five (45) minutes.

 

(e) The teachers at any school at which such a modification in the starting and ending times is made shall be notified of the change by no later than June 1 of the preceding school year so that they can plan accordingly for that school year.

 

(f)  The school day and work day schedule that is in effect at any school on September 1 may not be changed at any subsequent time during that contract year except with the Associationʼs written consent.

 

4.  In emergency situations or to meet with pupils who may wish assistance or advice, a teacher may be required to remain beyond the aforesaid dismissal times.

 

5.  Personnel other than classroom teachers (i.e., persons on ratio) will work in accordance with the work schedule attached hereto as Appendix F.  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.  In cases where an administrator believes that he/she has been directed to work beyond his/her normal working hours an unreasonable amount of time, he/she may file a grievance which shall be processed pursuant to Article III.

 

 

B.  1.  The work year of teachers (other than new personnel who may be

required to attend two (2) additional days of orientation) will begin no earlier than the Monday before Labor Day provided that that day is not earlier than September 1st and will terminate no later than June 30th, but will in no event be longer than three (3) days more than the number of days that 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.  Attendance by administrators at such orientation days that are established by the Committee is not to be considered a specific part of their work year.

 

2. a.  The school calendar for the school year 2006 – 2007 shall

be in accordance with Appendix G that is attached hereto and made a part hereof.

 

b.  The school calendar for the school year 2007 – 2008 shall be consistent with that for the school year 2006 – 2007 and shall incorporate the following prior agreements: (1) the customary Jewish Holy Days will be listed as no-school days to the extent that they would not otherwise fall on days on which schools are not scheduled to be in session; (2) Plymouth County Teachersʼ Convention Day shall not be listed as a no-school day; and (3) the work year for teachers may begin as early as the Monday before Labor Day provided that that day is not earlier than September 1st as provided in Section B.1 above.

 

c.  In the event that the authority of the Commissioner of Education to promulgate regulations pertaining to the school day and/or the school year, particularly with respect to snow days, is limited by legislation or judicial decision during the term of the contract, the contract shall be reopened for the limited purpose of revising the school calendar to the extent permitted by any such legislative or judicial limitation.

 

3.  All elementary teachers shall be scheduled to have four (4) half-days during the school year to be utilized for parent conferences on a released-time basis.

 

4.  All elementary and kindergarten teachers shall be scheduled to have four (4) half-days of released time, two (2) of which shall be in June, and all middle school teachers shall have four (4) half-days of released time during the school year for the purpose of participating in In-Service Programs.

5. The customary vacation periods for Christmas, February and April for both students and teachers shall remain unchanged.  However, in the event that there is an excessive number of snow days in any year, the parties will engage in the process implemented in the 1995-1996 school year to adjust one of the vacation periods.

 

6.  The day before Thanksgiving shall be no more than a half-day for both students and teachers.

 

C.  1.  (a)  The workday for elementary teachers will normally begin fifteen (15) minutes before the start of the pupil day and will end fifteen (15) minutes after dismissal time.  Deviations from the aforementioned workday may be made by mutual agreement between the Association and Committee.  All elementary teachers, including specialists, shall be scheduled for five (5) preparation periods of thirty (30) minutes each based upon a five (5) day week.  The workday for elementary teachers will not be longer than six (6) hours and forty-five (45) minutes.

 

(b)  The workday for middle school teachers will normally begin fifteen (15) minutes before the start of the pupil day and will end twenty-seven (27) minutes after the dismissal.  The workday for middle school teachers will not be longer than seven (7) hours and twelve (12) minutes.

 

(c)  The workday for senior high school teachers will normally begin ten (10) minutes before the start of the pupil day and will end twenty-four (24) minutes after the dismissal.  The workday for senior high school teachers will not be longer than seven (7) hours and thirteen (13) minutes.

 

(d)  The workday for Pre-K and kindergarten teachers will normally begin fifteen (15) minutes before the start of the first session and will end fifteen (15) minutes after the dismissal time of the second session but will in no event be longer than six (6) hours and forty-five (45) minutes including lunch, preparation and recess time.  Pre-K and kindergarten teachers will receive five (5) preparation periods of thirty (30) minutes per week based upon a five (5) day week.

 

2.  Teachers may be required to remain after the student dismissal time, without additional compensation, for up to one (1) hour to attend up to two (2) staff meetings each month.  This limitation may be exceeded only in emergency situations beyond the control of the administration and with the approval of the Superintendent or his/her designee and prior notification must be made to the Association.  Notification of all meetings must be normally made at least five (5) days prior to the actual date of the meeting.

 

3.  Pre-K, kindergarten, elementary school and secondary school teachers may be required to attend three (3) evening meetings during each school year with one (1) of the three (3) meetings being an open house format in September of each contract year (at Brockton High School, in September or October).  Attendance at all other evening meetings will be at the option of the individual teacher.

 

D.  Teachers will have a daily lunch period during which time no other duties will be scheduled for at least the following lengths:

 

(a)  Elementary School (Pre-K through 6) -Thirty (30) minutes

 

(b)  Middle School - Thirty (30) minutes

 

(c)  Senior High School - Thirty (30) minutes

 

E.  1.  There will be a ten (10) minute recess period each morning in the

elementary schools.  Each elementary school teacher will be off duty for such recess period every other day.

 

2. Whenever the Committee has reasonable notice, in accordance with Article XXXII, Section B, that a part-time teaching assistant principal or a floating teacher will be absent, the Committee will provide substitutes for teaching purposes, except in an emergency situation.

 

F.  Middle school teachers will, in addition to their lunch period, have a preparation period each day during which they will not be assigned to any other duties.  Middle school teachers will be assigned not more than eight (8) periods per day, consisting of at least one (1) daily preparation period, and not more than twenty-eight (28) teaching periods per week for academic subject teachers and not more than thirty-three (33) teaching periods per week for non-academic subject teachers.

 

G.  1.  Senior high school teachers will, in addition to their lunch period,

have one (1) unassigned period per day for preparation during which time they will not be assigned to any other duties.  In addition, they will have one (1) duty period per day during which they will be assigned by the principal or his/her designee to instructional assistance or to such non-teaching duties as supervision, common planning time for team teachers or professional development; however, there shall not be any prior preparation or subsequent follow-up work in connection with any instructional assistance to which a high school teacher may be assigned during this period.

 

2.  Senior high school teachers will be assigned no more than three (3) academic classes of sixty-six (66) minutes in length out of the five (5) period day except for the floor teachers who will be assigned to no more than two (2) such academic classes per day. No teacher will have more than three (3) groupings per day. Department Heads will be provided with adequate time to perform their supervisory duties without being deprived of their guaranteed daily preparation time.

 

H.  1.  Section F and G will not apply to nurses, but during the course of

each work day, each nurse, in conjunction with the principal, shall arrange a thirty (30) minute period of time for performing paper work and administrative duties, but during which time the nurse will be available for emergencies.

 

2. Whenever possible, substitute nurses will be employed to cover for absent nurses.  If substitutes are unavailable, the School Department will make every effort to avoid reassigning nurses from their existing schedules.  The Director of Health Services will make the final decision, and this decision will not be subject to the grievance/arbitration process.

 

I.  Whenever practicable secondary schoolteachers will not be required to teach more than two (2) subjects nor more than a total of three (3) teaching preparations with said subjects at any one time.

 

J.  Exceptions to the provisions of Section D, E, F, and G above may be made only if it is necessary to do so in the best interests of the educational process.  A disagreement over whether an exception is justified will be subject to the grievance procedure and will be initiated at Level Two thereof.

 

K.  Teacher participation in extracurricular activities (i.e., clubs, athletic coaching, and similar activities taking place outside of the regular workday) will be strictly voluntary and teachers will be compensated for all such participation in accordance with the provisions of Appendices B & C of this Agreement.

 

L. For those situations covered by the Arbitration Award in American Arbitration Case No. 1139-1362-81, high school teachers who volunteer to cover an extra class for an absent teacher in addition to their regular class assignment shall be paid $36.85 for each extra class so covered effective upon ratification of this Agreement.  This amount will be increased to $37.59 for each class so covered effective September 1, 2006 and to $39.66 for each class so covered effective September 1, 2007.

 

M.  The annual work year of the Instructional Resource Specialist, the Reading Resource Specialist, the Standards Based Mathematics Coaches, the English Language Acquisition Coach, the High School Guidance Counselors, the Middle School Guidance Counselors and the Special Education MCAS Coach will include up to five (5) work days beyond the regular teacherʼs work year compensated at the respective individualʼs per diem rate (annual salary divided by the number of days in the contractual teacher work year).  Notification of the following yearʼs work schedule will be made by April 1 each year.

 

ARTICLE VI

CLASS SIZE

 

Classes containing concentrations of exceptional pupils shall be held so far as practical to a number which permits optimum learning assignments for such students and at no time will exceed the number set by state law.

 

 

ARTICLE VII

SPECIAL TEACHERS AND SPECIAL PROGRAMS

 

The Committee and the Association recognize the fact that an adequate number of competent special teachers is essential to the operation of an effective educational program.  The Committee agrees to make a reasonable effort to provide substitutes when special teachers are absent.

 

ARTICLE VIII

RELIEF FROM NONPROFESSIONAL DUTIES

 

A.  The Committee and the Association acknowledge that a teacherʼs primary responsibility is to engage in professional activities and that his/her energies should, to the extent possible, be utilized to this end.  Therefore, the Committee agrees to employ twenty-five (25) full-time teacher-aides (not including those employed under Federal programs) in order to relieve teachers, to the extent possible, from performing nonprofessional administrative and clerical tasks.

 

B.  Teachers will continue to pass out to their students materials pertaining to insurance and pictures, but will not be required or expected to be involved in any way in the keeping of records or the collection of money pertaining to such insurance and pictures.

 

 

ARTICLE IX

TEACHER EMPLOYMENT

 

A.  Upon initial employment, vocational education teachers shall be credited with one (1) year of salary placement credit, not to exceed nine (9) years, for every two (2) years of work experience in the field in which they are going to teach.  At the discretion of the Superintendent, other secondary subject area teachers may be given one (1) year of salary placement credit, not to exceed nine (9) years, for every two (2) years of work experience outside of teaching in the field in which they are going to teach.  Full credit not to exceed nine (9) years will be given for previous outside public school teaching experience upon initial employment.  At the Superintendentʼs discretion, credit not to exceed nine (9) years may be given for part or all previous nonpublic school teaching experience upon initial employment.  Additional credit for one (1) year will be given for military experience upon initial employment.  Credit beyond the aforesaid one (1) year may be given at the discretion of the Superintendent if, in his/her opinion, the functions performed while in the military warrant it.

 

B.  1. Teachers with previous teaching experience in the Brockton School

system will, upon returning to the system, receive full credit on the salary schedule for all outside and Brockton teaching experience and military experience up to the maxima set forth in Section A above.  Teachers who have not been engaged in teaching on a full-time basis will, upon returning to the system, be restored to the next position on the salary schedule above that at which they left.

 

2. Previously accumulated unused sick leave days will be restored to all teachers who return from an approved leave of absence of any kind or who are recalled from a layoff but not to teachers who are rehired after terminating their employment.

 

ARTICLE X

TEACHER ASSIGNMENT

 

A. Teachers, other than newly appointed teachers, will be notified in writing of the schools to which they will be reassigned, the grades and/or subject that they will teach, and any special or unusual classes that they will have for the coming school year, as soon as practicable, and under normal circumstances not later than one week prior to the close of school.

 

B.  In order to assure that pupils are taught by teachers working within their areas of competence, teachers will not be assigned, except temporarily and for good cause, outside the scope of their teaching certificates and/or their major or minor fields of study.

 

C.  In making changes in grade assignment in the elementary schools and in subject assignment in the secondary schools, the convenience and wishes of the individual teacher will be honored to the extent that these do not conflict with the best interests of the school system and the pupils.

 

D.  Teachers who desire a change in grade or subject assignment will file a written statement of such desire with the office of the Superintendent not later than April 1st.  Such statement will include the grade and/or subject to which the teacher desires to be assigned.  All teachers filing this written statement of desire may see a list of vacancies as of June 1st, which will be posted in the Human Resources Office.  As soon as practicable, and not later than one (1) week prior to the end of school, the Superintendent will notify each teacher of the action taken in regard to his/her request for a change.  Teachers desiring a change in grade or subject assignment shall have the option of retaining their current assignment if they do not wish to accept the results of this action, providing the original position of the teacher has not already been filled.

 

E.  1. In arranging schedules for teachers who are assigned to more than

one school, an effort will be made to limit the amount of interschool travel.  Such teachers will be notified of any changes in their schedules as soon as practicable.

 

2.  Teachers who are required to use their cars on approved school business will receive twenty (20) cents per mile or the mileage allowance that the City of Brockton pays to its employees, whichever is higher, for all driving done by them on such school business.

 

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

 

ARTICLE XI

TRANSFERS

 

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

 

A.  In making transfers, the convenience and wishes of the individual teacher will be honored to the extent that these do not conflict with the best interests of the school system and the pupils.

 

B.  When involuntary transfers are necessary, a teacherʼs area of competence, major and/or minor field of study, quality of teaching performance and length of service in the Brockton School System will be considered in determining which teacher is to be transferred.  Teachers being involuntarily transferred will be transferred only to a comparable position.  An involuntary transfer will be made only after a meeting between the teacher involved and the Superintendent (or his/her designee), at which time the teacher will be notified of the reasons for the transfer.  In the event that a teacher objects to the transfer at this meeting, upon the request of the teacher the Association will be notified and the Superintendent (or his/her designee) will meet with the Associationʼs representative to discuss the transfer.

 

C.  A list of open positions in other schools will be made available to all teachers being transferred, and all other factors being substantially equal, preference will be given in filling such positions on the basis of length of service in the Brockton School System.  To the extent that it does not interfere with the educational program, all such teachers will be given adequate time off for the purpose of visiting schools at which such openings exist.

 

D.  Notice of transfer will be given to teachers as soon as practicable and under normal circumstances not later than one week prior to the close of school.

 

E.  Exceptions to the provisions of Sections A, B, C and/or D above may be made only if the Superintendent of Schools determines that it is necessary to do so in the best interests of the teacher(s) and/or school(s) affected.  A disagreement over whether an exception is justified will be subject to the grievance procedure and will be initiated at Level Two thereof.

 

F.  Teachers who desire to transfer to another building will file a written statement of such desire with the office of the Superintendent not later than April 1st.  Such statement shall include the school to which he/she desires to be transferred.  All teachers filing a written request of transfer may see a list of vacancies as of June 1st, which will be posted in the Human Resources Office.  As soon as practicable and under normal circumstances not later than one (1) week prior to the end of school, the Superintendent will notify each teacher who has filed such statement of the action taken in regard to his/her request for a transfer.  Teachers desiring transfers shall have the option of remaining in the same school if they do not wish to accept the results of this action, providing the original position of the teacher has not already been filled.

 

G.  Before a teacher is assigned or transferred to a particular school the principal of the school in question will be consulted regarding said assignment or transfer.

 

H.  Transfers of teachers will be made without regard to race, creed, color, religion, nationality, sex, marital status or age.

 

ARTICLE XII

PROMOTIONS

 

A.  For purposes of this Article, a “promotional position” is defined as any position paying a salary differential and/or any position on the administrator-supervisor level, including, but not limited to, positions as deputy superintendent, supervisor, director, principal, headmaster, master, department head, counselor and executive director.

 

B.  Whenever any vacancy in a promotional position occurs during the school year (September to June), it will be adequately publicized by the Superintendent by means of a notice placed on the Association bulletin board in every school as far in advance of the appointment as possible. During the months of July and August, written notice of any such vacancy will be sent, under normal circumstances, to all teachers with the salary check for the pay period during which said vacancy occurs, but in no event later than with the salary check for the pay period immediately following in which said vacancy occurs.  Teachers who wish to receive notification of promotional vacancies and who do not regularly receive their checks during the summer at their own addresses, may receive said notification providing they leave self-addressed envelopes in the Human Resources Office.  In both situations the qualifications for the position, its duties and the rate of compensation will be clearly set forth.  The qualifications set forth for a particular position will not be changed when such future vacancies in such positions occur unless the Association has been notified in advance of such changes and the reasons thereof.  Except on a temporary basis, vacancies will not be filled within two (2) weeks and ordinarily not within thirty (30) days from the date the notice is posted in the schools or the mailing of notification to the teachers.  Application for such positions shall be filed in writing.

 

C.  All teachers will be given adequate opportunity to make application for such positions and the Committee agrees to give due weight to the professional background and attainments of all applicants, the length of time each has been in the school system and other relevant factors.  When in the opinion of the School Committee, all other factors are substantially equal, preference will be given to qualified teachers already employed by the Committee, and each teacher applicant not selected will receive a written notification of the action taken by the Committee.  The decision of the School Committee will not be subject to arbitration.  Inasmuch as merit and qualifications are to be given prior consideration for the filling of any promotional vacancy, it is agreed that no applicant will utilize social, political or economic pressures.  Whenever practicable, appointments will be made not later than sixty (60) days after the notice is posted in the schools or the mailing of notification to the teachers.

 

D.  Personnel may file a resume which will be kept up-to-date by the individual.  This resume may be referred to at the time an individual is making application for a position or promotion.

 

E.  The Committee will be required to advertise once in a period of four (4) months for either the same promotional position or for a similar promotional position.

 

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

 

 

 

 

ARTICLE XIII

PAID POSITIONS IN SUMMER SCHOOL, EVENING SCHOOL,

CURRICULUM COMMITTEES OR FEDERAL PROGRAMS

 

A.  All openings for summer school and evening school positions and for positions under federal programs will be adequately publicized by the Superintendent in each school building as early as possible.  Under normal circumstances, summer school and evening school openings will be publicized not later than the preceding March 1st and June 1st, respectively, and teachers selected will be notified not later than May 1st and September 1st, respectively.  Openings for positions under Federal programs or curriculum committees will be publicized not later than thirty (30) days prior to the filling of such positions.

 

B.  Teaching positions in the Brockton summer school, evening school and teaching positions under Federal programs will, to the extent possible, be filled first by regularly appointed classroom teachers in the Brockton School System.

 

C.  In filling such positions, consideration will be given to a teacherʼs area of competence, major and/or minor field of study, quality of teaching performance, attendance record, length of service in the Brockton School System, and, in regard to summer school or evening school positions, previous Brockton summer school or evening school teaching experience.

 

D.  Teachers in these programs shall be compensated at the rate of $25.86 per hour effective upon the ratification of this Agreement.  Effective September 1, 2006, the hourly rate will be increased to $26.38.  Effective September 1, 2007, the hourly rate will be increased to $27.83.

 

ARTICLE XIV

TEACHER EVALUATION

 

A.  All monitoring or observation of the work performance of a teacher will be conducted openly with full knowledge of the teacher.  Within a reasonable length of time, teachers will be given a copy of any evaluation report prepared by their supervisors and will have the right to discuss such report with their supervisors.

 

B.  1.  Teachers will have the right, upon written request, to review the contents of their personnel file.

 

2.  No material derogatory to a teacherʼs conduct, service, character or personality will be placed in his/her personnel file unless the teacher has had an opportunity to review the material.  The teacher will acknowledge that he/she has had the opportunity to review such material by affixing his/her 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/her answer shall be reviewed by the Superintendent and attached to the file copy.

 

C.  Any 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.

 

D.  The Association recognizes the authority and responsibility of the Principal and the Director of the Horace Mann Champion School for disciplining or reprimanding a teacher for delinquency of professional performance. However, such disciplining or reprimanding, whenever the situation warrants, should be conducted in private.  If a teacher is to be disciplined or reprimanded by the Superintendent or a Deputy Superintendent, however, he/she may request that a representative of the Association be present.

 

E.  No teacher will be disciplined, reprimanded, reduced in rank or compensation or deprived of any professional advantage without just cause.  Whenever a teacher elects arbitration as the procedure for resolving any dispute involving his/her suspension, dismissal, demotion, removal, or termination, arbitration shall be the exclusive procedure for resolving any such dispute notwithstanding any contrary provision of Section 16 of Chapter 32 or Sections 42 or 42D of Chapter 71 of the General Laws, or, in the case of the school nurses, Sections 41-45 of Chapter 31. Conversely, whenever a teacher has commenced an action pursuant to Section 16 of Chapter 32 or pursuant to Sections 42 or 42D of Chapter 71 or, in the case of the school nurses, pursuant to Sections 41-45 of Chapter 31 relative to his/her suspension, dismissal, demotion, removal, or termination, he/she shall be precluded from pursuing the matter to arbitration.

 

F. In recognition of the fact that occupational, physical and music therapists are not currently eligible to obtain professional teacher status under M.G.L. c. 71, the parties hereby agree as follows with respect to the bargaining unit members who are employed in these therapist positions:

 

1. During their first three (3) consecutive school years of service, the employees in these therapist positions will be subject to annual renewal or non-renewal of their contracts on the same basis as teachers.  Once an occupational, physical or music therapist has served for three (3) consecutive school years and has been rehired for a fourth (4th) school year, he/she will be regarded as a permanent employee who is no longer subject to annual appointment provided that he/she was properly licensed and, if applicable, certified for that entire prior three (3) year period.

 

2. Occupational, physical and music therapists with up to three (3) years of service in the Brockton Public Schools shall be evaluated on at least an annual basis and those therapists with more than three (3) years of experience in the Brockton Public Schools shall be evaluated once every two (2) years.  Said evaluations shall be conducted on the same schedule as all other members of the bargaining unit with the same level of experience in the Brockton Public Schools.

 

 

ARTICLE XV

TEACHER FACILITIES

 

A.  Each school presently in use will have the following facilities:

 

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

 

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

 

3.  An appropriately furnished room to be reserved for the exclusive use of the teachers as a faculty lounge.  To the extent possible, said room will be in addition to the aforementioned teacher workroom.

 

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

 

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

 

2. Well-lighted and clean teacher rest rooms.

 

C.  1.  To the extent possible, each school will have an appropriately

furnished room to serve as a health room containing a narcotic safe, desk, chair, space for safe storage of health room supplies and sufficient space to conduct physical examinations privately. The facility will have adequate lighting, heating and ventilation. Existing facilities where adequate will not be diminished.

 

2.  Wherever conditions allow, building principals shall assign an accessible parking space for the school nurse.

 

 

ARTICLE XVI

USE OF SCHOOL FACILITIES

 

A. The Association will have the right to use school buildings without cost at reasonable times for meetings; provided, however, that the Association will be required to pay for any additional custodial costs involved by reason of said meetings.  The Principal of the building in question will be notified in advance of the time of all such meetings.

 

B.  There will be one (1) bulletin board in each school building, which will be placed in the faculty lounge for the purpose of displaying notices, circulars, and other Association material.  Copies of all such material will be given to the building principal, but his advance approval will not be required.  The Association agrees that it will not post any material which is derogatory to the administration, the School Committee or any member thereof, or the Brockton School System.

 

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

 

 

 

 

 

 

 

 

 

ARTICLE XVII

SICK LEAVE

 

A. Teachers will be entitled to sick leave days each school year as of the first official day of such school year whether or not they report for duty on that day in accordance with the following schedule:

 

 

First year......................................... 10 days

the years thereafter......................... 15 days.

 

In case of merit, the Committee may allow sick leave beyond the above limit. The maximum accumulation for teachers shall be two hundred forty-five (245) days.  Administrators may accumulate up to a maximum of forty-five (45) days beyond the number of days in their particular work year as set forth in Appendix D.  The maximum accumulation for administrators shall be sixty-five (65) days beyond the number of days in their particular work year.

 

B.  A teacher on maternity leave may use her sick leave days for the period of her temporary pregnancy-related disability to the same extent that teachers may use sick leave days for any other personal illness or injury.

 

C.  In addition to personal illness or injury, sick leave may be utilized for any other reason approved by the Superintendent and as permitted by law.

 

D.  Upon the retirement or death of a teacher who has completed twenty (20) or more years of service in the Brockton School System, said teacher or his/her estate will receive one-half (1/2) pay for all unused accumulated sick leave up to fifty (50) days at the rate of compensation which he/she is receiving at the time of his/her retirement or death.  A teacher who has completed twenty-five (25) or more years of service in the Brockton School System, said teacher or his/her estate will receive one-half (1/2) pay for all unused accumulated sick leave up to ninety (90) days at the rate of compensation which he/she is receiving at the time of his/her death or retirement. A teacher who has completed thirty (30) or more years of service in the Brockton School System, said teacher or his/ her estate will receive one-half (1/2) pay for all unused accumulated sick leave up to one hundred thirty (130) leave days at the rate of compensation which he/she is receiving at the time of death or retirement.

 

E.  1. A Sick Leave Bank shall be instituted which shall be administered by a Sick Leave Bank Committee comprised of two (2) members designated by the Association and two (2) members designated by the Committee.  The Sick Leave Bank Committee shall determine the eligibility for members requesting leave from the Bank and the amount of leave to be granted.  The following criteria shall be used by the Sick Leave Bank Committee in determining eligibility and amount of leave:

 

(a.) The initial grant shall not exceed thirty (30) days;

 

(b.) Adequate medical evidence of illness or accident shall be submitted;

 

(c.) Prior utilization of sick leave shall be considered.

 

(d.) In order to be eligible to receive days from the Sick Leave Bank, a teacher must have exhausted all of his/her available personal days as well as all of his/her sick leave days.  Upon exhaustion of all of his/her sick leave days while medically incapacitated, a teacher shall be automatically granted all of his/her available personal days without such days being charged against the maximum number of personal leave days that can be granted on any school day pursuant to Section A, 1 of Article XVIII.

 

2. Upon completion of the initial thirty (30) day period, additional entitlement may be extended by the Sick Leave Bank Committee upon the demonstration of need by the applicant.

 

3. Each member may contribute by October 1st one (1) day per year of his/her accumulated sick leave to the Sick Leave Bank which bank shall not contain a number of days that exceeds the number of teachers and administrators that are eligible to participate in it.  Only those members who voluntarily contribute to this bank each year shall be eligible for its benefits.  New teachers shall have until October 1 or until the completion of their tenth (10th) work day to make their first contribution to the Sick Leave Bank, whichever occurs later.

 

4. Unless the Sick Leave Bank Committee is deadlocked with respect to any question of eligibility and/or entitlement that comes before it, its decision shall be final and binding and not subject to appeal.  In any such case in which the School Committee and the Association members of the Sick Leave Bank Committee are deadlocked, the question of eligibility and/or entitlement on which the Committee is deadlocked shall be immediately submitted to arbitration pursuant to the procedure set forth in Article III, Section C, Level Four without any requirement that the contractual grievance procedure be followed prior to the submission to arbitration.

 

5.  The Sick Leave Bank Committee will have one (1) regularly scheduled meeting per month on a day and at a time to be determined by the members of the Sick Leave Bank Committee.  A second meeting shall be held in any month upon the request of any two (2) members of the Sick Leave Bank Committee.  All votes and decisions of the Sick Leave Bank Committee shall be in writing.

 

F.  1.  A low sick leave utilization stipend shall be available for teachers

who are on a paid status for an entire school or work year. Teachers who are eligible may redeem sick days and will receive their stipends, either at the end of the fiscal year or at the start of the following school year at the discretion of the School Committee, according to the following schedules:

 

Number of sick days   Number of days that used by the teacher  may be redeemed at the

during the school year.  rate of $100.00 per day.    

 

 0   4 X $100 = $400.

 1   3 X $100 = $300.

 2   2 X $100 = $200.

 3   1 X $100 = $100.

 

2.  Days which are redeemed will be deducted from the teacherʼs accumulated sick leave days.

 

3.  Teachers who are eligible and who wish to redeem days shall notify the Superintendent in writing by June 1 of the year in question.  A failure to so notify the Superintendent will exclude a teacher from receiving a low sick leave utilization stipend for that year.

 

4. A teacher must currently have accumulated at least thirty-five (35) days of sick leave in order to be eligible to redeem days under this section.

 

G.  Teachers may be required to submit a medical certification of good health after either a prolonged illness or an accumulation of several individual days of absence.  The request will be made at the discretion of the Superintendent of Schools or his/her designee.

 

ARTICLE XVIII

TEMPORARY LEAVES OF ABSENCE

 

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

 

1. Two (2) days leave of absence for personal, legal, business, household or family matters which require absence during school hours, such days not to be cumulative.  Notification of intent to take such a personal leave day will be supplied in writing on a standardized form to the principal at least twenty-four (24) hours before taking such leave except in case of emergency.  The principal will then promptly forward the notification to the Superintendent of Schools or his/her designee, who will keep said notifications on file.  No more than eighteen (18) teachers system-wide will be allowed to take personal leave on any school day except in case of emergency.  In the event that more than eighteen (18) teachers submit notifications for any one day, the determination as to who takes the day will be based upon the order in which the Superintendent or his/her designee receives the notification.  If a teacher does not use one or both of his/her personal days within the given year, that day or those days will be accumulated as sick days.  Personal leave days under this section are not to be taken for vacation or recreational purposes and are not normally to be taken on the day before or after a legal holiday or before or after a day on which there is no school.  For the purpose of this Article, personal, legal, business, household or family matters refer to the protection of the immediate well-being and/or property of the teacher.

 

2. Upon one weekʼs written application of a teacher covered by this contract, the School Committee shall grant leave of absence with pay to observe religious holy days where the tenets of oneʼs religion obligate abstention from work or where the formal religious observance of the day necessarily conflicts with the school day.  Such days shall not exceed three (3) days for any one individual in any given school year.

 

3. At least one day for the purpose of visiting other schools or attending meetings or conferences of an educational nature.  However, it is agreed that in conjunction with this Article and Section, a request for a professional day must normally be made in writing at least one (1) week in advance, that professional days will be granted to not more than twenty (20) teachers at any one time and that no department or school will be depleted of personnel without the approval of the Superintendent of Schools or his/her designee.

 

4. Time necessary for Association representatives to attend Massachusetts Teachers Association and/or National Education Association conferences and conventions with the advance approval of the Superintendent or his/her designee.

 

5. Time necessary for appearance in any legal proceeding connected with the teacherʼs employment or with the school system or in any legal proceedings if the teacher is required by law to attend.

 

6.  a.  Up to four (4) days at any one time in the event of death of a

teacherʼs spouse, child, son-in-law, daughter-in-law, parent, father-in-law, mother-in-law or sibling.

 

b. Up to two (2) days at any one time in the event of the death of a teacherʼs grandparent or grandchildren.

 

c.  Up to one (1) day in the event of the death of an uncle, aunt, brother-in-law, sister-in-law, niece, nephew, first cousin, or any individual or relative living in the immediate household.

 

d. Bereavement leave or additional bereavement leave may, when necessary, be granted by the Superintendent.

 

7.  At the death of a teacher, and at the discretion of the Superintendent of Schools, the principal and a suitable delegation may attend the funeral.

 

8.  A teacher covered by this contract shall be granted leave of absence with pay for one day to attend commencement exercises at which either he or she or a member of his or her immediate household will be awarded a degree or a diploma if said commencement exercises at the high school level or above occur during the normal working day.  A teacher is required to notify the principal of his/her school of his/her intent at least one (1) week prior to the commencement exercises.

 

9. If a teacherʼs attendance at summer school is required (including traveling time to said summer school) he/she shall be released at least one (1) week prior to the closing date of the school year with no loss of pay.

 

10. A maximum of thirteen (13) school days per school year for persons called into temporary active duty in any unit of the U.S. Reserves or the State National Guard, provided such obligations cannot be fulfilled on days when school is not in session.  Teachers will be paid the difference between their regular pay and the pay which they receive from the State and Federal government.

 

11. (a) A teacher shall continue to receive his/her regular salary

while serving on a jury.  Any per diem compensation received from the court for jury service on a work day must be endorsed over to the School Department.

 

(b)  Any teacher who adopts a child or whose spouse gives birth to a child and who has accumulated sufficient sick leave shall be granted up to five (5) days leave without loss of pay at the time of the birth of, the adoption of, or the bringing of the child into his/her home.  Such days shall be deducted from the teacherʼs sick leave accumulation.  The sick leave bank cannot be accessed for such purposes.

 

B.  Leaves taken pursuant to Section A above will be in addition to any sick leave to which the teacher is entitled.  No teacher will be required to arrange for his/her own substitute.

 

 

ARTICLE XIX

EXTENDED LEAVES OF ABSENCE

 

A. A leave of absence without pay of up to two (2) years will be granted to any teacher who joins the Peace Corps or serves as an exchange teacher or an overseas teacher and is a full-time participant in any of such programs.  Upon return from such leave, a teacher will be considered as if he/she were actively employed by the Committee during the leave and will be placed on the salary schedule at the level he/she would have achieved if he/she had not been absent.  A leave may not be taken under this section more than once every ten (10) years.  Applications for leaves of absence for any teacher who joins the Peace Corps or as an exchange or overseas teacher must be made in writing whenever practicable, by March 15 of the school year prior to the desired yearʼs leave of absence. Leaves under the terms of this paragraph are not available to teachers during their first three years of service in the Brockton Schools.

 

B. Military leave will be granted to any teacher who is inducted or enlists in any branch of the armed forces of the United States or whose reserve units are called to active duty.  Upon return from such leave, a teacher will be placed on the salary schedule at the level he/she would have achieved had he/she remained actively employed in the system during the period of his/her absence up to a maximum of four (4) years.

 

C. Except as provided in Article XVII, B with respect to the application of sick leave days to periods of pregnancy-related disability, maternity leave without pay or increment will be granted to a teacher upon request.  The leave shall be for the remainder of the school year in which she commences said leave unless the teacher elects to return in eight (8) weeks or less.  In the event that the maternity leave commences on or after March 1st in a school year, then the leave shall be either for eight (8) weeks or less if the teacher so elects, or for the remainder of that school year or, if so requested, for the following school year as well.  Teachers who do not return to work upon the expiration of their maternity leave shall be terminated.  Requests to return to work prior to the expiration of said leave by teachers shall be subject to the discretion of the Committee except in the case of teachers electing to return in eight (8) weeks or less.  A teacher whose maternity leave commences on or after March 1st in a school year and who does not elect to return to work within the eight (8) weeks shall notify the Superintendent by March 15 whether she intends to return to work at the start of the next school year or at the start of the second school year thereafter.  All teachers on maternity leave shall notify the Superintendent in writing on or before March 15 prior to their return of their intent to return to work at the start of the next school year.  Should any teacher on maternity leave fail to provide such notification, the Superintendent shall inquire of her in writing, with a copy of the letter being sent to the Association, whether she intends to return to work at the expiration of her maternity leave; if she fails to respond affirmatively to any such request within two (2) weeks after her receipt of the said letter from the Superintendent, she shall be deemed to have terminated her employment.  In the event that a pregnant teacher gives birth to a child prior to the requested date of the maternity leave, it is agreed that, barring complications as certified by medical record, the maternity leave will commence as of the date of the birth.  It is further agreed that all provisions of Section C which pertain to maternity leave will also apply to adoption proceedings.

 

D.  A leave of absence without pay or increment of up to one (1) year will be granted for the purpose of caring for a sick member of the teacherʼs immediate family.  Additional leave may be granted at the discretion of the Committee.

E.  The Committee will grant a leave of absence without pay or increment to any teacher to campaign for, or serve in, any public office for one term of said office.  A leave may not be taken under this Section more than once every ten (10) years.

 

F.  After five (5) years continuous employment in the Brockton School System, a teacher 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.

 

G.  Any teacher whose personal illness extends beyond the period compensated may be granted a leave of absence without pay for such time as is necessary for complete recovery from such illness.

 

H.  Regularly appointed teachers who are elected or appointed to full-time positions with BEA, MTA or NEA shall be granted leaves of absence without pay for the purpose of accepting these positions.  Such leaves shall be granted upon appropriate application to the Committee and will be of up to two (2) yearsʼ duration.  Renewal of these leaves may be made at the discretion of the Committee.  Those granted such leaves of absence shall retain all other benefits as if they were in regular service.  They shall continue to accrue seniority for salary increments and all other purposes where seniority is a factor; and the absence shall not be construed as a break in service for any purpose.

 

I.  Any tenured teacher who requests a leave of absence for either one (1) or two (2) years for the purpose of exploring an alternative career or field of employment shall be granted a leave of absence for that purpose.  Any such leave shall be requested under normal conditions prior to May 15th and shall be subject to the following conditions:

 

1. Alternative employment leave cannot be used for teaching in another public school system in Massachusetts.

 

2.  The teacher must notify the Superintendent in writing on or before March 15 immediately prior to the expiration of the leave whether or not he/she intends to return to work at the start of the next school year.  Should any teacher on alternative employment leave fail to provide such notification, the Superintendent shall inquire of him/her in writing, with a copy of the letter being sent to the Association, whether he/she intends to return to work at the expiration of the leave; if he/she fails to respond affirmatively to any such request within two (2) weeks after his/her receipt of the said letter from the Superintendent, he/she shall be deemed to have terminated his/her employment.

 

3.  All rights and benefits, including accrued seniority, acquired by a teacher prior to the leave will be restored to the teacher upon return from said leave.

 

4.  The fact that a teacher has applied for or is already on an alternative employment leave will not be a factor in determining whether that teacher should be laid off in a reduction in force pursuant to Article XLI.  However, any such teacher who is laid off will be eligible for all of the recall and other rights granted to laid off teachers under that Article.

 

J.  Other leaves of absence without pay may be granted by the Committee.

 

1.  All benefits to which a teacher was entitled at the time his/her leave of absence commenced, including unused accumulated sick leave, will be restored to him/her upon his/ her return.

 

2.  Upon his/her return from a leave of absence taken pursuant to Section B, D, F, and/or H above, a teacher 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.  Upon his/her return from a leave of absence taken pursuant to Sections A, C, E, G and/or I above, a teacher will be assigned to the most nearly equivalent position which is available at the time of his/her return and for which he/she is qualified.  In regard to a leave taken pursuant to Sections A, C, E, G and/or I, it is recognized that the Committee may fill the position in question at the time said leave commences.

 

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

 

 

ARTICLE XX

SABBATICAL LEAVES

 

Upon recommendation by the Superintendent of Schools, sabbatical leaves will be granted for study or travel to members of the teaching staff by the Committee subject to the following conditions:

 

A.  No more than six (6) members of the professional staff will be absent on sabbatical leave at any one time.

 

B.  Request for sabbatical leave must be received by the Superintendent in writing in such form as may be required by the Superintendent of Schools no later than January 15th, and action must be taken on all such requests no later than April 1st, of the school year preceding the school year which the sabbatical leave is requested.

 

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

 

D.  Teachers on sabbatical leave shall receive from the Committee ten percent (10%) of the salaries for every year of service up to eighty percent (80%) which they would have received if they had remained on active duty.

 

E. Prior to the granting of sabbatical leave, a teacher shall enter into a written agreement with the Committee that upon the termination of such leave, the teacher will return to service in the Brockton School System for a period equal in length to one-half (1/2) as many years as there are ten percent (10%) salary units granted.  In default of completing such service, he/she shall refund to the Committee an amount equal to such proportion of salary received by him/ her while on leave as the amount of service not actually rendered as agreed bears to the whole amount of service agreed to be rendered, unless said default is due to illness, disability, discharge, death or other circumstances beyond the control of the individual. Payment for default of completing service after a sabbatical leave shall be made in a period of time not to exceed two (2) years unless said default is due to illness, disability, discharge, death or other circumstances beyond the control of the individual.

 

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

 

G.  In the event that a teacher has been granted, but is unable to take, a sabbatical leave, under normal circumstances the Committee has no obligation, subsequent to May 1st, to place the teacher in his/her former class if the position is filled or to employ him/her for the duration of the leave until such time as a vacancy occurs in an area in which he/she is certified.

 

 

ARTICLE XXI

PROTECTION

 

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

 

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

 

C.  If criminal or civil proceedings are brought against a teacher alleging that he/she committed an assault in connection with his/ her employment, the Committee will furnish legal counsel to defend him/her in such proceedings if he/she requests such assistance, and will provide such other assistance as may be required by law.

 

 

ARTICLE XXII

PERSONAL INJURY BENEFITS

 

Whenever a teacher is absent from school as a result of a personal injury caused by an accident or an assault occurring in the course of his/her employment, he/she will be paid his/her full salary for the period of such absence and no part of such absence will be charged to his/her annual or accumulated sick leave.

 

 

ARTICLE XXIII

INSURANCE ANNUITY PLAN

 

A. 1. Fifty percent (50%) of the cost of a $5000 term life insurance plan

of the type presently available to teachers will be paid for each teacher.

 

2. Effective as of July 1, 2003, teachers who were enrolled in any City-offered health insurance plan began to contribute twenty-five (25%) of the total monthly premiums for all such plans, and the City began to pay the remaining seventy-five percent (75%).  When the 25% employee contribution was initiated, the language in the following paragraphs became effective.

 

In each full contract year after teachers began to pay 25% of the total premiums for a City-offered health insurance plan, teachers who were employed during 2002-2003 (either active teachers or teachers who were on an approved leave of absence) and who were enrolled in a City-offered health plan during that year (“eligible teachers”) began to be paid as part of their regular salary annual stipends corresponding to five percent (5%) of the total annual premiums for the particular health insurance plan and level of coverage (i.e., individual coverage vs. family coverage) in which they were enrolled in 2002-2003.  Teachers who were not employed in the bargaining unit in 2002-2003 and/or who were not enrolled in a City-offered health insurance plan in 2002-2003 were not and are not eligible for these stipends.  These stipends have been and will continue to be regarded as regular compensation and have been and will continue to be subject to normal deductions, including retirement deductions.  Beginning on July 1, 2004, the stipends were increased by the amount of the general salary increases in that year and in all subsequent years.  Eligible teachers who changed plans, changed their level of coverage, or dropped out of health insurance entirely after June 30, 2003 or who do so at any time in the future will continue to receive the stipend that corresponds to the plan and level of coverage that they had during 2002-2003.  Eligible teachers who return from an approved leave of absence or who are recalled after a layoff will remain eligible for the stipends.  Eligible teachers who resign and who later are rehired, however, will no longer be eligible for the stipends.  The above-described stipends will be in the following annual amounts as of the following dates:

 

 

A. July 1, 2005 (2%)

 

Master   - Individual  $414.10

Medical   - Family $905.27

 

HMO   - Individual $233.77

Blue   - Family $537.31

 

Blue   - Individual $317.51

Choice   - Family $704.71

 

Harvard   - Individual  $226.09

Pilgrim   - Family $573.35

 

B. July 1, 2006 (2%)

 

Master   - Individual  $422.38

Medical   - Family $923.38

 

HMO   - Individual $238.45

Blue   - Family $548.06

 

Blue   - Individual $323.86

Choice   - Family $718.80

 

Harvard   - Individual  $230.61

Pilgrim   - Family $584.82

 

 

 

 

C. July 1, 2007 (2.5%)

 

Master   - Individual  $432.94

Medical   - Family $946.46

 

HMO   - Individual $244.41

Blue   - Family $561.76

 

 

Blue   - Individual $331.96

Choice   - Family $736.77

 

Harvard   - Individual  $236.38

Pilgrim   - Family $599.44

 

 

D. January 1, 2008 (3%)

 

Master   - Individual  $445.93

Medical   - Family $974.85

 

HMO   - Individual $251.74

Blue   - Family $578.61

 

Blue   - Individual $341.92

Choice   - Family $758.87

 

Harvard   - Individual  $243.47

Pilgrim   - Family $617.42

 

(Note that the above stipends are the dollar amounts that corresponded to five percent (5%) of the total annual premiums for the listed plans as of July 1, 2003, increased by the amounts of all general salary increases that became effective during the 2004 – 2005 contract year and by the amounts of the general salary increases that will become effective during the three year term of this Agreement.)

 

3. To become effective on and after 11:59 p.m. on August 31, 2008, or whenever all City and School Department unions agree if such time and date are later than 11:59 p.m. on August 31, 2008, teachers enrolled in the City-offered Blue Cross Blue Shield Master Medical Plan shall begin to contribute thirty percent (30%) of the total premiums for that plan and the City shall begin to pay the remaining seventy percent (70%).  When the thirty (30%) employee contribution for the Blue Cross Blue Shield Master Medical Plan is initiated, the language in the following paragraphs will become effective.

 

In each full contract year that such teachers pay thirty percent (30%) of the total premiums for the Blue Cross Blue Shield Master Medical Plan, such teachers who were employed either during 2007 – 2008 or during the school year prior to the school year during which the aforesaid increase in the teachersʼ share of the premiums for the Blue Cross Blue Shield Master Medical Plan becomes effective, whichever is later, (for example, teachers who are employed during 2008 – 2009 if the aforesaid increase does not become effective until sometime during the 2009 – 2010 school year) (“the qualifying year”) and who were enrolled in the Blue Cross Blue Shield Master Medical Plan during the qualifying year (“eligible teachers”) will be paid an additional annual stipend (“the Additional Master Medical Stipend”) as part of their regular salary depending upon the level of coverage (e.g. individual coverage or family coverage) that they had during the qualifying year.  In order to be classified as an eligible teacher during the qualifying year, (e.g. 2007 – 2008, 2008 – 2009 or some year thereafter), a teacher must have been either actively employed or on an approved leave of absence during that year and must also have been covered by the Blue Cross Blue Shield Master Medical Plan during that year.  Teachers who are not employed in the bargaining unit during the qualifying year and/or who were not enrolled in the Blue Cross Blue Shield Master Medical Plan during the qualifying year will not be eligible for the Additional Master Medical Stipend.

 

The Additional Master Medical Stipend shall be in the exact amount of dollars and cents that corresponds to five percent (5%) of the total annual premium for the Blue Cross Blue Shield Master Medical Plan as of the time and date of the increase in the teachersʼ share of the premium contributions for that plan from twenty-five percent (25%) to thirty percent (30%).  If in the year of implementation, the thirty percent (30%) employee contribution to the Blue Cross Blue Shield Master Medical Plan is in effect for only a portion of the year, the Additional Master Medical Stipend will be prorated for that year only.  The Additional Master Medical Stipend shall be consolidated with whatever annual stipend an eligible teacher already receives pursuant to Section A, 2 of this Article. 

 

The Additional Master Medical Stipend will be regarded as regular compensation and will be subject to normal deductions, including retirement deductions.  Beginning on the September 1 immediately following the commencement of the Additional Master Medical Stipend (or the July 1 immediately following the commencement of the stipend for those members who are employed on a twelve month basis), the Additional Master Medical Stipend will be increased by the amount of the general salary increases in that year and in all future years.  Eligible teachers who either convert to a different health insurance plan, change their level of coverage or drop out of health insurance entirely at any time after the Additional Master Medical Stipend begins to be paid will continue to receive the Additional Master Medical Stipend that corresponds to the level of coverage that they had during the qualifying year.

 

Eligible teachers who return from a leave of absence or who are recalled after a layoff will remain eligible for the Additional Master Medical Stipend.  However, eligible teachers who resign and who are later rehired will no longer be eligible for the Additional Master Medical Stipend.

 

4. In consideration of the foregoing agreement to increase the teachersʼ share of the premium contributions for the Blue Cross Blue Shield Master Medical Plan from twenty-five percent (25%) to thirty percent (30%), it is further agreed as follows:

 

a. There will be no proposals to increase the teachersʼ share of the premium contributions for the Blue Cross Blue Shield Master Medical Plan beyond thirty percent (30%) for at least the three (3) year period beginning September 1, 2008. 

 

b. There will be no proposals to increase the teachersʼ share of the premium contributions for the HMO Blue, Blue Choice, Harvard Pilgrim Health Care Plans or for any other HMO Plan that the City may make available to its employees beyond twenty-five percent (25%) for at least the three (3) year period beginning September 1, 2008.

5. Effective as of July 1, 2006, any teacher who was enrolled in the Blue Cross Blue Shield Master Medical Plan during the 2005 – 2006 contract year and who thereafter elects to convert to one of the less expensive health insurance plans that are offered by the City (i.e. HMO Blue, Blue Choice, Harvard Pilgrim Health Care or any other less expensive health insurance plan that the City might subsequently make available to its employees) will receive a conversion stipend that will be payable in three separate lump sum amounts with the first such stipend being paid within thirty (30) calendar days of the conversion and with the second and third such stipends being paid on the first and second anniversaries respectively of the payment of the first such stipend.  The lump sum amount of each of the three (3) stipends will be computed as follows:

 

a. By first determining the total amount of the City/School Committeeʼs annual premium contribution for the particular type of coverage (i.e. family or individual) that the teacher has under the Blue Cross Blue Shield Master Medical Plan as of the date of the conversion.

 

b. By then determining the total amount of the City/School Committeeʼs annual premium contribution for the particular type of coverage (i.e. family or individual) that the teacher selects in the particular less expensive plan to which the teacher elects to convert his/her health insurance coverage as of the date of the conversion.

 

c. Then, by subtracting the amount determined under paragraph b above from the amount determined under paragraph a above to determine the “conversion differential.”

 

d. The first lump sum stipend shall be in the amount of fifty percent (50%) of the conversion differential.

 

e. The second lump sum stipend shall be in the amount of thirty-five percent (35%) of the conversion differential (i.e. seventy percent (70%) of the first lump sum stipend).

 

f. The third lump sum stipend shall be in the amount of twenty percent (20%) of the conversion differential (i.e. forty percent (40%) of the first lump sum stipend).

 

Any teacher who has received either one (1), two (2) or all three (3) of the conversion stipends will, if he/she re-enrolls in the Blue Cross Blue Shield Master Medical Plan at any time thereafter, refund to the School Department an amount that is equal to one-half (1/2) of the total amount of the conversion stipends that he/she received pursuant to this section.

 

6. Effective as of July 1, 2006, any teacher who is enrolled in any one of the City-offered health insurance plans and who thereafter waives his/her right to coverage under any of those plans will receive an insurance waiver stipend that will be payable in three equal lump sum payments with the first such stipend being paid within thirty (30) calendar days of the waiver and with the second and third such stipends being paid on the first and second anniversaries respectively of the payment of the first such stipend.  The lump sum amounts of each of the three (3) stipends will be computed as follows:

 

a. By first determining the amount of the City/School Committeeʼs total annual premium contribution for the particular type of coverage (i.e. family or individual) that the teacher has under the particular City-offered health insurance plan in which he/she is enrolled at the time of the waiver.

 

b. By then taking fifty percent (50%) of that amount and dividing it by three (3).

 

c. The resulting figure will be the amount of each of the three (3) annual insurance waiver stipends.

 

In order to be eligible for this insurance waiver stipend, a teacher must first provide the School Department with written verification that he/she is covered by an alternative health insurance plan, either as the employee/subscriber or as a dependent of an employee/subscriber, which provides a level of coverage that is substantially equivalent to the level of coverage that is provided under the least expensive health insurance plan that is offered by the City at the time of the waiver.  Teachers who access the health insurance waiver stipend will be permitted to subsequently enroll in one of the City-offered health insurance plans during any subsequent open enrollment period.  However, such teachers will be permitted to enroll in one of the City-offered health insurance plans at any time between the open enrollment periods upon a showing of changed circumstances (such as, for example, the loss of or unavailability of the alternative health insurance plan by which he/she was covered at the time of the waiver, the onset or deterioration of a significant medical condition since the exercise of the waiver, the death of or divorce from a spouse or the dissolution of a partnership with the employee/subscriber under whose alternative health insurance plan the teacher was covered at the time of the waiver) or for some other valid reason.

 

Any teacher who has received either one (1), two (2) or all three (3) of the insurance waiver stipends will, if he/she (or his/her spouse both at the time of the waiver and at the time of any subsequent re-enrollment) subsequently enrolls in one of the City-offered health insurance plans at any time thereafter, refund to the School Department an amount that is equal to one-half (1/2) of the total amount of the insurance waiver stipends that he/she received pursuant to this section.

 

7. Upon the ratification of this Agreement, the parties shall form a Joint Study Committee On Health Insurance which shall consist of an equal, agreed-upon number of representatives of each party.  The Joint Study Committee shall meet on at least a monthly basis for the stated objective of developing within a one (1) year period a mutually acceptable Preferred Provider Organization health insurance plan (“PPO”) which shall be designed to be an alternative to the Blue Cross Blue Shield Master Medical Plan that will be made available to the members of the bargaining unit either prior to or on or after September 1, 2008; however, if necessary to reach the objective of developing a mutually acceptable PPO, said time period shall be extended beyond one (1) year.  Either party may invite its own health insurance experts and/or consultants to attend the meetings of the Joint Study Committee and/or to assist in the development of the PPO health insurance plan.  If the parties are able to agree upon such a PPO plan, it will be made available to the members of the bargaining unit as soon as possible irrespective of whether the implementation date is prior to or on or after September 1, 2008.

 

Except as provided in the next sentence, the premium contribution allocation for the PPO plan shall be seventy percent (70%) by the City/School Committee and thirty percent (30%) by any teacher who elects to be covered by that plan.  However, if seventy-five percent (75%) of the total annual premium for the PPO plan would result in a lower annual cost to the City/School Committee than would seventy percent (70%) of the total annual premium of the Blue Cross Blue Shield Master Medical Plan as of the implementation date of the PPO plan, the premium contribution allocation for the PPO plan shall be seventy-five percent (75%) by the City/School Committee and twenty-five percent (25%) by any teacher who elects to enroll in that plan.  Whichever premium contribution allocation becomes effective as of the implementation date of the PPO plan – i.e. 70%/30% or 75%/25% – that allocation shall remain unchanged for the duration of this Agreement and for at least the three (3) year period following the September 1, 2008 target date.

 

Upon the implementation of the PPO plan, no new enrollments shall be permitted in the Blue Cross Blue Shield Master Medical Plan except in the case of any member who exercises his/her right to re-enroll in the Master Medical Plan pursuant to subsections 5 or 6 of this Section, provided however that that re-enrollment right must be exercised prior to August 31, 2008 or the date of implementation of the PPO Plan, whichever is later.

 

8.  All HMO options that are available for the members of the bargaining unit shall be specified in a letter to be sent to each member of the bargaining unit for each year prior to the annual open enrollment period.

 

B. Teachers will also be eligible to participate in the Cityʼs Dental plan on a contributory basis with each participating teacher paying fifty percent (50%) of the total monthly premium for such coverage and with the School Committee paying the remaining fifty percent (50%).

 

C. The School Committee has previously established a Cafeteria Plan of the type authorized by Chapter 697, Section 132 of the Acts of 1987 for the limited purpose of enabling teachers to pay their share of the premiums for their health insurance with pre-tax earnings.  Effective September 1, 2003, the Cafeteria Plan was expanded to enable teachers to pay with pre-tax earnings for uninsured medical and dental expenses for themselves and their dependents and for the day care expenses for themselves and their dependents and for day care expenses for their children and/or elderly parents or others who are their dependents.  Said Cafeteria Plan will remain in full force and effect throughout the term of this Agreement and thereafter unless the parties subsequently negotiate some agreement to the contrary.

 

D. Teachers will be eligible to participate in a “tax sheltered” annuity plan established pursuant to Public Law No. 87-370 subject to the following procedures and limitations.  The continuation of these procedures and limitations is contingent upon their compatibility with the computer system which is then in place for the City of Brockton.

 

1. Individuals who do not participate in a tax sheltered annuity program can commence participation only during the first week in August or during the first week in January of any given year.

 

2. A new company with a tax sheltered annuity program which gains the approval of the School Committee will be processed only during the first week in August or the first week in January in any given year.

 

3. Except as provided in paragraph 4 below, individuals may at any time cease participation in a tax sheltered annuity program or may change the program in which they participate.

 

4. For individuals who choose a lump sum salary payment in June, no changes may be made in their tax sheltered annuity program between March 1 and August 1 of any given year. 

 

E. Teachers will be eligible to participate in a payroll deduction for savings bond plan.

 

F. If mechanically feasible, teachers will be eligible to participate in a payroll deduction for the Massachusetts Teachersʼ Association Credit Union and/or Harbor One Credit Union.

 

 

ARTICLE XXIV

PLANNED EDUCATIONAL PROGRAMS

 

A. The Committee agrees that teachers should be consulted in the establishment of clearly defined goals and objectives for educational programs.  It is further agreed that teachers should be consulted in budget planning.

 

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

 

C.  Before the administration changes a textbook or selects a new textbook, the administration will notify the Association that it is considering such a change or selection.  The Association, through such committees as it may select, will have the right to meet and discuss with the administration such change or selection, provided that the Association files a request for such meetings and discussions with the administration within five (5) days after receipt of said notice.  Similarly, the Association may, if it desires to initiate discussion over a change in a textbook or the selection of a new textbook, file written notice with the administration of its desire.  The administration will acknowledge receipt of said request in writing within five (5) days thereafter, and the administration and the Association, through its appropriate committee, will arrange for a mutually satisfactory time and place to meet and discuss said matter.

 

D.  It is expressly understood that in granting the Association the right to discuss changes in and selections of textbooks the School Committee in no way waives its right to make the final decision in regard to these matters and a failure to agree with the Association does not make the problem under discussion subject to fact-finding and/or the grievance procedure and/or arbitration.

 

 

 

 

 

 

ARTICLE XXV

ACADEMIC FREEDOM

 

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

 

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

 

 

ARTICLE XXVI

PROFESSIONAL DEVELOPMENT AND EDUCATIONAL IMPROVEMENT

 

A. Providing the advance approval of the Superintendent of Schools or his/her designee is obtained, the Committee will pay the reasonable expenses (including tuition, fees, meals, lodging and/or transportation) incurred by teachers who attend in-service training courses, workshops, seminars, conferences, or other professional improvement sessions.

 

B.  The Committee agrees to expend up to One Thousand Dollars ($1,000) each school year to purchase books and/or other educational resource materials as may be recommended by a joint Administration Association Study Committee for use by the professional staff for professional development and educational improvement.

 

 

ARTICLE XXVII

ADMINISTRATIVE INTERNSHIP PROGRAM

 

A. The Committee will provide up to Ten Thousand Dollars ($10,000) each school year to conduct a project designed to train potential school administrators.

 

B. The general framework of said project will be as follows:  Up to ten (10) teacher applicants will, upon approval of the Superintendent of Schools, or his/her designee, be selected each year to participate in an in-service training program to be conducted during said school year.  The Superintendent, or his/her designee, will select from among said participants those who demonstrate the greatest potential, and those selected will be offered the opportunity to take, with all expenses paid by the Committee, a mutually agreed upon program of selected administrative training courses at an approved university, college or other professional training school.

 

C.  A Joint Administration-Association Committee will be established on an annual basis to work on the mechanics of the aforesaid program.

 

D.  It is agreed that the Committee may fill existing or future vacancies from applicants other than the enrollment of the Administrative Internship Program.

 

 

ARTICLE XXVIII

CONSULTATION PROCEDURE

 

A.  The School Committee and the Association desire to encourage the active participation of teachers in the development and implementation of the best possible educational programs for the school children of Brockton, including State and Federal Aid Programs.  The Association shall have a standing committee which may make recommendations to the Superintendent in regard to such programs.  The Superintendent or his/her designee shall acknowledge and review such recommendations and meet periodically with the said standing committee to discuss them. The Association and/or the Superintendent may, if it so desires, utilize the services of experts and consultants and may call upon such persons to participate in said meetings.

B.  It is clearly understood and agreed that the consultation procedure described herein shall not be construed to require any party to this Agreement to consent to any change, modification or reopening of this Agreement.

 

ARTICLE XXIX

STRIKES AND PUBLIC PRESSURE

 

A. During the term of this Agreement, the Association shall not cause or sponsor and no professional employee shall cause or participate in any strike, work stoppage or other illegal activity directed against the School Committee.  If the Association disclaims in writing to the School Committee responsibility for any act prohibited hereby, it shall not be liable in any way therefor.  Employees who participate in any such act may be disciplined or discharged without recourse to arbitration; provided, however, that the question of their participation shall itself be subject to grievance and arbitration procedure.

 

B.  In connection with any negotiations held pursuant to any reopeners set forth in this Agreement, said negotiations shall be conducted without threats of sanction, threats of strikes or any other public pressure by either party until mediation, fact-finding and any other statutory impasse procedures have been exhausted.

 

ARTICLE XXX

DUES DEDUCTION

 

A. The Committee agrees to instruct the City Treasurer to deduct, as permitted by the General Laws of Massachusetts, from the salaries of its employees dues for the Brockton Education Association - Massachusetts Teachers Association, the National Education Association or any one of such Associations as said teachers individually and voluntarily authorize the Committee to deduct, and to transmit the monies promptly to such Association or Associations.  Teacher authorizations will be in writing in the form set below:

 

DUES AUTHORIZATION CARD

 

NAME     

ADDRESS    

 

I hereby request and authorize the Brockton School Committee to deduct from my earnings and transmit to the Associations checked below an amount sufficient to provide for regular payment of the membership dues as certified by such Associations in equal monthly payments over the remainder of the school year and for succeeding school years.  I understand that the Committee will discontinue such deductions for any school year only if I give the Committee sixty (60) days advance written notice to do so.  I hereby waive all right and claim for said monies so deducted and transmitted in accordance with this authorization and relieve the School Committee and all of its officers from any liability therefor.

 

Teacher Organization

Brockton Education Association

Massachusetts Teachersʼ Association

National Education Association

Plymouth County Education Association

 

DATE     

 

TEACHERʼS SIGNATURE

 

    

 

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

 

C.  Deductions referred to in Section A above will be made in equal installments on the first pay day of each month during the school year. The Committee will not be required to honor for any monthʼs deductions any authorizations that are delivered to it later than two (2) weeks prior to the distribution of the payroll from which the deductions are to be made.

 

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

 

E.  1.  The Committee agrees to require as a condition of employment that

all teachers, except those teachers certified to the Committee by the Association as members, pay annually to the Association as of the thirtieth (30th) day of employment, the thirtieth (30th) day subsequent to the effective date of this Agreement, or the thirtieth (30th) day subsequent to the execution of this Agreement, whichever is later, an agency service fee which shall be an amount equal to ninety percent (90%) of the total membership dues of the Association, said dues being equal to the total of the membership dues in the Brockton Education Association and its affiliates the Massachusetts Teachersʼ Association and the National Education Association and Plymouth County Education Association which amount shall be certified annually to the Committee by the Association.

 

2. The Committee agrees to instruct the City Treasurer to deduct, in accordance with Section 17G of Chapter 180 of the General Laws of Massachusetts, from the salaries of its employees, who are required to pay said agency fee and who individually and voluntarily authorize the Committee to make such deductions, the aforementioned amount and to transmit said amount to the Association.  These deductions shall be made in accordance with Section C above.

 

3.  The Association agrees to save the Committee harmless for any actions it takes against any employee as a result of the adoption herewith of Section 12 of M.G.L. c. 150E.

 

4.  The Association agrees to give to employees, who are required to pay said agency service fee and who have failed to pay said amount to the Association or authorize deduction within the required period, notice of thirty (30) days before seeking termination of their employment.

 

 

ARTICLE XXXI

COMPLAINT PROCEDURE

 

Inasmuch as it is recognized by both the Association and the Committee that there could be complaints that do not fall within the definition of a grievance, since they are not based upon an alleged violation of or variation from the provisions of this Agreement or the interpretation or application thereof, the following complaint procedure is agreed to:

 

1. The purpose of the procedure is to secure equitable solutions to complaints which may arise from time to time. Both parties agree that the proceedings will be kept as informal and confidential as may be appropriate.

 

2.  There shall be formed a Complaint Procedure Committee, hereinafter referred to as the CPC, which will be composed of the President of the Association, a designee of the President of the Association and the Chairman of the PR&R Committee, the Superintendent of Schools, the Deputy Superintendent of Schools, and the Executive Director for Human Resources, together with a mutually agreed upon seventh, impartial and disinterested citizen, who will work together for a satisfactory conclusion and solution for all complaints.

 

3. Upon the receipt of a formal complaint, the CPC will meet for the purpose of hearing the complaint and will be empowered to offer reasonable solutions and to call individuals to substantiate facts. The CPC will be required to meet at least twice in a ten (10) day working period and any final vote for disposition may not be taken prior to the second meeting.

 

4. The Committee and the Association agree that neither party will take precipitous steps prior to determining the results of the balloting of the second meeting.

 

 

 

 

 

ARTICLE XXXII

GENERAL

 

A. There will be no reprisals of any kind taken against any teacher by reason of his/her membership in the Association or any other employee organization or participation in their activities.

 

B.  Teachers will be informed of a telephone number which they may call before 7:00 A.M. to report their unavailability for work.  Once a teacher has reported his/her unavailability for work it will not be his/her responsibility to arrange for a substitute teacher.

 

C.  If negotiation meetings between the Committee and the Association are scheduled during a school day, the representatives of the Association will be relieved from all regular duties without loss of pay as necessary in order to permit their participation in such meetings.  When it is necessary, pursuant to Article III (Grievance Procedure) for a School Representative, member of the PR&R Committee or other representative designated by the Association to investigate a grievance provided that the investigator can be released without detriment to the educational program, or attend a grievance meeting or hearing during a school day, he/she will, upon notice to his/her principal or immediate supervisor and to the Superintendent by the Chairman of the PR&R Committee, be released without loss of pay as necessary in order to permit participation in the foregoing activities.  Any teacher whose appearance in such investigations, meetings, or hearings as a witness is necessary will be accorded the same right.  The Association agrees that these rights will not be abused.

 

D.  The Committee will, upon request, provide the Association with any available information which is neither confidential nor privileged under law which may be necessary for the Association to process grievances under this Agreement.

 

E.  The Committee will make available to the Association copies of minutes of official Committee meetings and all other public documents that are distributed to Committee members at official meetings as soon as possible after such meetings.  A copy of the official agenda of the meeting, and any attached documents, will be made available to the Association, if possible, prior to said meeting.

 

F.  If any provisions 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.

 

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

 

H.  This Agreement shall be reproduced as soon as possible after its execution by the School Committee and the Association and shall be distributed to each person who is or becomes a member of the bargaining units during its effective term.  Expenses involved will be shared equally by the Committee and the Association.

 

I.  Whenever openings occur in the position of Chapter/Title I teacher, math grant program teacher or reading resource teacher, the Human Resources Office will issue a notice of such opening(s) which will be posted on the appropriate bulletin board in each school.  However, the provisions of Article XII shall not apply to these postings.  Further, these postings do not imply that a given individual will either receive an interview or will receive the position in question.

 

J.  The Joint Committee on Job Sharing that was established in the predecessor contract for 2002 – 2005 completed the task with which it was charged which resulted in the Job Sharing Agreement that is attached to the Memorandum of Agreement that concluded the negotiations for this Agreement.

 

K.  The School Committee shall accept the provisions of M.G.L. c. 180 § 171 pursuant to which teacher may authorize the School Committee to deduct from their paychecks contributions to the Voice of Teachers for Education (“VOTE”) in such amounts as each teacher shall specify in writing.  The School Committee will certify the amounts to be deducted by the City Treasurer on the payroll, which amounts shall be transmitted to the Massachusetts Teacher Association no less often than monthly.

 

L.  The School Committee shall provide the BEA with an annual list of all Department Heads which identifies the number of teachers that each Department Head will be responsible for supervising during a given school year by no later than October 15, of that school year in order to insure that each Department Head is properly compensated in accordance with Appendix D.  In the event that the BEA determines that a Department Head is not being properly compensated, the BEA shall notify the School Committee which shall promptly adjust such Department Headʼs compensation retroactively to the start of that school year.

 

 

ARTICLE XXXIII

COLLEGE-AID PROGRAM

 

The Committee agrees to continue its involvement in the college-aid program at the senior, junior, and elementary school levels and further agrees to make efforts to encourage the expansion of the program.

 

 

ARTICLE XXXIV

APPOINTMENTS TO PERMANENT POSITIONS

 

Beginning no later than June 30th, of the same school year following the date of the appointment to an acting administrative position, the position, in accordance with the terms of the contract and the tenure statute, shall be advertised for permanent appointment.

 

 

ARTICLE XXXV

ADMINISTRATION OUTSIDE ESTABLISHED YEAR

 

A. The Committee agrees that, providing the prior consent of the Superintendent of Schools or his/her designee is obtained, assigned time for administration outside the established year shall be compensated at the rate of $31.34 per hour effective upon ratification of this Agreement with a maximum of $689.58 per week and a summer maximum of $4,137.48.

 

B.  Effective September 1, 2006, the foregoing rates shall be increased to $31.97 per hour, $703.37 per week and $4,220.23 per summer.

 

C. Effective September 1, 2007, the foregoing rates shall be increased to $33.73 per hour, $742.06 per week and $4,452.34 per summer.

 

D.  No person employed in an administrative capacity shall receive compensation during the school year for work falling within the scope of his/her responsibility.  The foregoing rates shall be paid only if the work being compensated for is of an administrative nature whether performed by a member of Unit A or a member of Unit B.  If the work being compensated for is not of an administrative nature, then the hourly rate referred to in Appendix A-5 shall be applicable.

 

E.  Ten (10) month-two (2) week administrators shall be allowed to work up to two (2) of their summer days on no-school days during the course of the year such as on vacation days and snow days.  Eleven (11) month administrators shall be allowed to work up to three (3) of their summer days on no-school days during the course of the year such as on vacation days, but not on snow days.  Any such rescheduled work days shall be subject to the advance approval of the Superintendent which approval shall not be unreasonably withheld.

 

F. In the event that an administrator is absent for seven (7) or more consecutive school days and during some or all of that time one or more teachers or administrators assumes the duties of that position, the teacher(s) or administrator(s) who provide(s) such coverage shall be compensated, retroactive to his/her (their) first day of coverage, at the rate of pay of the absent administrator.  It is understood that to qualify for this compensation, the teacher(s) or administrator(s) must actually assume the duties of the absent administrator and it is further understood that the Superintendent or his/her designee shall retain the discretion to decide whether a teacher or other administrator will assume the duties of an absent administrator.

 

 

ARTICLE XXXVI

EDUCATIONAL CONVENTIONS,

CONFERENCES AND/OR MEETINGS

 

A. An appropriation of $20,000 shall be allocated for educational conventions, conferences and/or meetings providing, however, that all such funds be encumbered no later than May 1st of a given fiscal year.  A screening committee, comprised of six (6) members, three (3) of whom are appointed by the Association (one representative from the high school, one from the middle school level, and one from the elementary level) and three (3) of whom are appointed by the Superintendent, shall be established for the purpose of reviewing applications.

 

B.  The screening committee shall recommend the selectees and the estimated expenses from the submitted applications to the Superintendent of Schools not more than forty-five (45) days, whenever possible, prior to the conventions, conferences and/or meetings.  The final determination for attendance to the educational conventions, conferences and/or meetings shall be made by the Superintendent of Schools or his/her designee, within ten (10) school days after receipt.  At the conclusion of the conventions, conferences and/or meetings, a complete written report of the aforesaid conventions, conferences and/or meetings may be submitted to the office of the Superintendent of Schools or his/her designee and to the appropriate officers of the Association.

 

C.  It is agreed that guidelines pursuant to this Article will be mutually defined by the Association and the Committee as those currently in force and use by the “Article XXXVI Committee” and that these guidelines will be stated in written form in the book of Policies and Bylaws of the Brockton Public Schools.

 

 

 

 

 

ARTICLE XXXVII

IN-SERVICE PROGRAM

 

A. The In-Service Program for teachers and administrators shall be augmented by the inclusion of graduate credit courses held in Brockton and conducted by professors of accredited colleges.

 

B.  A committee, composed of one (1) School Committee member and three (3) members of the Association, shall make recommendations for the courses to be offered each semester, shall receive all applications, shall submit their recommendations to the Superintendent of Schools or his/her designee, and shall make all necessary arrangements.  A minimum of two (2) In-Service courses shall be offered annually.  The final determination of course selection shall be made by the Superintendent of Schools or his/her designee. 

 

C. The Committee agrees to pay fifty percent (50%) of the tuition of not more than thirty (30) members of the Association provided, however, that no members will be reimbursed more than once during the period of two (2) school years.  The approval of personnel selected to attend these courses shall be made by the Superintendent or his/her designee.

 

 

ARTICLE XXXVIII

EXTRACURRICULAR ACTIVITIES

 

A. For the purpose of this Article an extracurricular activity is defined as one in which compensation is received or may be received under the terms of this contract. 

 

B. Paid extracurricular positions will be adequately advertised and all members of Units A & B will be allowed to make application.  However, in order to insure an equitable distribution of paid extracurricular positions, all members of Units A & B will be limited to one (1) such position within any given school year. If deviations occur in which it becomes necessary for an individual to hold more than one (1) paid extracurricular position, the Committee at the request of the Association agrees to review such deviations with the Association.

 

 

 

 

 

 

ARTICLE XXXIX

SALARY ACCREDITATION COMMITTEE

 

A. There shall be a Salary Accreditation Committee, consisting of a teacher from each of the elementary, middle school, and high school levels, the President of the Association or his/her designee, a member of the Administration, and a member of the School Committee.  This committee shall meet monthly during the academic year, and its purpose shall be to examine the credits submitted by teachers to determine the appropriate salary schedule for these teachers.  Guidelines pursuant to this Article will be mutually defined by the Association and the Committee as those currently in force and use by this committee.  These guidelines will be stated in written form in the book of Policies and Bylaws of the Brockton Public Schools.

 

B. 1. Teachers who have forty-five (45) credits beyond their Masters

Degree shall qualify to be paid pursuant to column seven (7) on the salary schedule (Masters Plus 45) provided the fifteen (15) credits used for advancement from column six (6) to column seven (7) are credits for graduate courses taken at an accredited college or university that are within an area of certification granted by the Massachusetts Department of Education.

 

2. Teachers who have sixty (60) credits beyond their Masters Degree shall qualify to be paid pursuant to column eight (8) on the salary schedule (Masters Plus 60) provided the fifteen (15) credits used for advancement from column seven (7) to column eight (8) are credits for graduate courses taken at an accredited college or university that are within an area of certification granted by the Massachusetts Department of Education.

 

C.  The parties shall develop a separate side letter which shall list those non-graduate courses, such as computer and certain foreign language courses, which shall be considered as graduate credits within the meaning of the foregoing contract language if approved by the Salary Accreditation Committee.

 

 

ARTICLE XL

EARLY RETIREMENT INCENTIVE PLAN

 

A.  The intent of this provision is to provide a financial incentive for a teacher to retire early between the contract years in which his/her fifty-fifth (55th) to sixty-fifth (65th) birthday occurs.  Such incentive can provide a benefit to the teacher, a long-term financial saving to the School Committee and an opportunity for employment and/or career advancement for other teachers.

 

B.  Teachers eligible to participate in this program are teachers who attain at least their fifty-second (52nd) birthday or at most their sixty-second (62nd) birthday during the contract year in which they will declare their intent to so participate and who will be eligible to retire pursuant to the Massachusetts Teacher Retirement law at the end of the first, second, or third school year after the contract year in which such declaration of intent was made and who provide one (1), two (2), or three (3) years advance notice of such intent.

 

C.  A declaration of intent to participate must be filed by November 1st on a form provided for this purpose by the office of the Superintendent.  The date thus set will be the effective date of retirement and this notice of retirement will be irrevocable.

 

D.  For each of the remaining school years following the contract year in which the declaration of intent is filed, the teacher shall be paid a salary that is four percent (4%) higher than would otherwise be the case.

 

 

ARTICLE XLI

REDUCTION IN FORCE

 

The Committee retains the right to determine the number of teaching positions and other professional positions which are needed in the school system and also retains the right to determine the employees to be laid off and recalled in accordance with the procedures and standards set forth below:

 

1.  Before any teachers are laid off, an attempt will be made to meet any reduction in the number of teaching or other professional positions through normal attrition.

 

2.  A teacher on tenure shall not be laid off if there is a non-tenured teacher whose position the teacher on tenure is qualified to fill.

 

3.  For purposes of this Article each teacher will, pursuant to the provisions of Section 4 below, be assigned to one (1) discipline category.  In determining the order in which teachers shall be laid off within the separate groups of tenured and non-tenured teachers, the Committee shall review each discipline category in which a layoff is to occur, and the layoffs shall occur in inverse order of seniority.  That is, the teacher within the discipline category who has the least seniority, as defined in Section 4, will be the one who is laid off.  Except for Unit A administrators, whose rights in this regard are set out in Section 4, paragraph d, no teacher who is laid off will be able to bump into another discipline category.

 

4.  a.  Seniority shall be defined as the total number of years of

continuous service in the Brockton School System.  If the teacher began his/her continuous service after the beginning of a school year and worked more than one-half of that school year, then that partial year of service will be credited for seniority purposes, and the teacherʼs seniority shall be computed by years, months and days of service. If a teacher began his/her continuous service after the beginning of a school year and worked less than half a year, however, such portion of a year will not be credited toward seniority.  For these purposes, teachers who began their continuous service during or prior to the school year 1969-1970 shall have their service computed by years and months rounded off to the nearest month of service.

 

b.  Teachers will be assigned to one (1) discipline category.  In the event that, as of February 1, 1982, a teacher either was teaching in more than one discipline or during his/her period of continuous service within the Brockton School System had taught in more than one discipline, such individual made an election in writing prior to February 1, 1982, which of these disciplines he/she would be assigned to for purposes of this article.  Upon making such election, the teacher was given full credit for all of his/her seniority as defined in paragraph (a) above, irrespective of what discipline or disciplines he/ she taught in while accruing his/her said seniority.

 

c.  Once an individual made an election pursuant to paragraph (b) above, he or she became bound by that election in later years.  A new election by an individual will be permitted only when that individual is transferred, assigned or recalled to a discipline in which he/she has not taught before during his/her period of continuous service or when the discipline to which an individual had elected to be assigned is completely eliminated.  In the case of any individual who is transferred, assigned or recalled to a discipline in which he/she has not previously taught and who elects, at that time, to stay on the seniority list in his/her prior discipline, he/she shall be permitted, at his/her option, to make a second such election between September 1 and September 30 of the third school year that he/ she is in the new discipline.  Such election shall then become effective on the seniority lists published the following April.

 

d.  Unit A administrators who are subject to being laid off pursuant to this Article will be given full seniority credit for their years of service within the Brockton Schools and, upon layoff, from Unit A, will be able to bump into Unit B so long as they have sufficient seniority.  For these purposes, each administrator will be assigned to a Unit B discipline category in which the administrator is certified.  In the event that an administrator had multiple certifications, as of February 1, 1982, he/she made an election to which of these Unit B disciplines he/she would be assigned.  Such election was made by February 1, 1982, and bound the administrator in later years.  This is subject to the same rights to make a new election as are set out in paragraph (c) above.  Although a laid off administrator can bump, as stated above, into a Unit B discipline category, he or she cannot bump into another Unit A category except to the limited extent specified in subsection (1) below:

 

(1) Whenever the least senior elementary assistant principal or assistant principals have been laid off from the Unit A category of Elementary School Assistant Principals, the position that each vacates shall be offered on a seniority basis to those elementary assistant principals who are in lower ratioed positions within that administrative category. However, if there are any elementary assistant principals in the same or in a higher ratioed position in the category of Elementary School Assistant Principals who have not been laid off from that category but who do not have an assignment for the following school year because their schools have been closed, they too shall be included in the group of elementary assistant principals to whom the vacated positions are to be offered on a seniority basis.  Any vacancy in another elementary assistant principalship that results from the application of the foregoing procedure shall be filled in the same way.  The ratio levels which will be used in applying the foregoing procedure shall be the ones in effect at the time the vacancies are filled.  In the event that a vacancy occurs at any time after the commencement of a school year, said vacancy will be filled on a temporary basis (through recall or, if no one is on the appropriate recall list, through appointment) for the balance of that school year, with the foregoing procedure being applied at the end of said school year.

 

e.  For purposes of computing seniority, time spent on the following types of leave shall be included: paid sabbatical leave, a paid leave of absence granted by the School Committee for any other reason, military leave, leave granted to serve in the Peace Corps, leave granted to serve as an exchange teacher or overseas teacher or leave granted to serve in a full-time BEA, MTA, or NEA position.  In the case of maternity or sick leave, seniority will accrue only for the paid portion of the leave.  Time spent on any type of unpaid leave of absence other than those enumerated above shall not be included in the computation of seniority; however, any continuous service that has been accumulated prior to the commencement of any such unpaid leave shall not be lost.  In cases where there is a severance of the employment relationship with the Brockton School System, a teacherʼs continuous service shall be broken.  If any such teacher should subsequently be or have been reemployed in the Brockton School System, the date upon which his/her reemployment begins or began shall constitute his/her new seniority date (except as guided by Section 14).

 

f. In any year in which a reduction in force is to take place, the School Department shall prepare lists of all teachers in their respective discipline categories.  Such lists will show the amount of seniority with which each teacher is credited.  For purposes of this Article, seniority will be computed up to the mid-point of the school year in which the reduction in force is to take place.  These lists will be provided to the Association on or before March 1st.  The Association shall have until March 15th, or until two (2) weeks after receipt of the lists, whichever occurs later, to challenge the accuracy of the information on the lists.  Disagreements regarding the lists which cannot be resolved by the Committee and the Association shall be subject to the Grievance and Arbitration procedure, beginning with Level Two.

 

g. In the event of a tie in terms of seniority, the Committee shall look at the column placement of the tied individuals on the Teacherʼs Salary Schedule as of February 1st of that school year.  The individual with the lower column placement shall be the one who is laid off.  In the event that the tie still is not broken, then in the case of the elementary school teachers the grade level experience of the tied individuals will determine who shall be retained.  In the case of secondary school teachers, both the grade level experience and the subject area experience of the tied individuals will determine who shall be retained.  In the event that the tie is still not broken, then preference shall be given to the person who has taught in the building in which a vacancy occurs.  In the event that the tie is still not broken, then a lottery will be held.  An attempt will be made to notify each of the tied teachers prior to the lottery and they will be invited to be present.  The Superintendent or his/her designee and a representative of the Association will be present.  The names of the tied individuals will be placed in a container and then will be drawn by a neutral party.  The order in which the names are drawn will constitute the order of entitlement to a teaching position.  Any given lottery will have effect only for the year in which it takes place; that is, if ties, even involving the same individuals, occur in subsequent years, new lotteries will be held.

 

5. For purposes of this Article, the discipline categories shall be as follows:

 

a.  Elementary   K-6

b.  English   7-12

c.  Science   7-12

d. Math   7-12

e.  Social Studies  7-12

f.  Health   7-12

g.  Languages   7-12

h.  Business Education  9-12

i.  Art   K-12

j.  Music   K-12

k.  Physical Education  K-12

l.  Librarians   K-12

m.  Reading   K-12

n.  Occupational Education 9-12

o.  Industrial Arts  7-12

p. Home Economics  7-12

q.  Driver Education 

r.  Community Service    s.  Media Specialists

t.  Speech Therapy

u. Hearing Impaired Teacher

v.  Vision Impaired Teacher

w.  Occupational Therapy

x.  Special Needs Teacher

y.  Bilingual Special Needs Teacher

z.  Preschool Teacher

aa.  Physical Therapy

bb.  Guidance Counselor

cc.  School Adjustment Counselor

dd.  Psychologist

ee.  Psychometrist

ff. Adult Education

gg.  School Nurses

hh.  Information Technology Education

 

Except for those administrators in individual positions, administrative personnel shall be broken into the following separate discipline categories:

 

a.  Executive Directors

b.  Housemasters

c.  Assistant Housemasters

d. Middle School Assistant Principals

e. Elementary School Assistant Principals

f.  Team Facilitators

g. Middle School Department Heads of English

h.  Middle School Department Heads of Math

i.  Middle School Department Heads of Science

j.  Middle School Department Heads of Social      Science

 

A Joint Committee shall be established by the parties which shall review the list of discipline categories in Section 5 and make non-binding recommendations to the parties concerning any additions or modifications thereto of any deletions therefrom.

 

6.  No reduction in force shall take effect on other than the first (1st) day of a school year.

 

7. Teachers who are on layoff shall be placed on a recall list until the start of the third (3rd) school year after the effective date of their layoff and shall be given preference for any Unit B vacancy or new position which they are qualified to fill.  During their recall period, teachers who have been laid off shall be given preference on the substitute list if they so desire.  Teachers with recall rights will be recalled in the reverse order of their layoff.

 

8.  Teachers who have been laid off shall, during their recall period, be notified in writing by the Superintendentʼs office of any open Unit B positions in the system which they may be qualified to fill provided they have left their home address with the Superintendentʼs Office. Failure to accept an offer of employment for any such suitable position shall eliminate the teacherʼs recall rights.  However, if a teacher who has been laid off gives written notice and proper documentation, prior to an offer of recall, to the Superintendent or his/her designee that the teacher has been hired under a contract as a teacher, counselor, or administrator in another school or school district or is matriculating in a graduate degree program either in his/her subject area, or in education or in a subject area taught in the Brockton Public Schools, that teacher will be bypassed for recall for the balance of that school year.  Any teacher who exercises this option must inform the Superintendent or his/her designee in writing prior to March 1 as to whether or not he/she will be available for recall upon the conclusion of that school year.  If the teacher fails to give notice or indicates that he/she will not be available for recall, he/she will be dropped from the recall list.  The exercise of this option shall in no way extend the recall rights of any teachers who avail themselves of it and the provisions of this paragraph can only be utilized once during any recall period.

 

9.  Teachers recalled after layoff under this article shall be placed on the step of the salary schedule which is one step higher than the one on which they were at the time of their last day of teaching prior to being laid off.  Also, such teachers shall carry over only that sick leave which was credited to them at the time of their last day of teaching prior to being laid off.

 

10. The Committee shall make every effort to notify any teacher who is to be affected by a reduction in force by April 15th, but in any event no later than May 15th, of the school year preceding the school year in which the reduction is to be effected.

 

11.  Copies of all layoff and recall notices shall be sent to the Association.

 

12.  Any administrator who, in lieu of being laid off under this Article, reverts to a Unit B position, shall, during the recall period hereinbefore specified in Section 7, retain the right to be restored to the Unit A position from which he/she was reduced when a vacancy in that position occurs.  Such restoration will be in the reverse order of the reduction when there is more than one such eligible administrator.

 

a.  Prior to the recall of any elementary assistant principals, the vacant positions within the category of Elementary School Assistant Principals shall be first be offered to those who are still active employed as assistant principals utilizing the same procedure as is set forth in subsection (2) of Section 4, d. of this Article.  Upon completion of that procedure, the elementary assistant principals to be recalled shall be recalled on a seniority basis to whatever positions in the category of Elementary School Assistant Principal are left vacant.

 

13.  Teachers who have been notified of involuntary transfers to other schools because of a reduction in force and teachers who have been given layoff notices because of a reduction in force but who are recalled prior to the start of the following school year will, if they so desire and with the approval of the Superintendent or his/her designee, be reassigned to their former schools if an opening exists or occurs and the reassignment can be made at least two (2) weeks prior to the opening of school.  If the Superintendent or designee does not approve, reasons for the disapproval will be given to the teachers and will be subject to the grievance and arbitration procedure.  Such reassignments shall be made in the reverse order of the involuntary transfers or the layoffs with those who have been involuntarily transferred being given first preference.  If any teacher declines an opportunity to be reassigned to the former school, an offer for another opening in that school will not be made during that school year.  It is understood that this procedure will not restrict building principals from making internal transfers whenever an opening occurs.  Aside from openings that are filled pursuant to the preceding paragraph, the following is the order of placement and/or recall to a particular building or discipline which will be applied on a seniority basis within each group up to two (2) weeks prior to the opening of school:

 

a.  Teachers who have been involuntarily    transferred;

 

b. Teachers who are returning from a leave of    absence;

 

c.  Laid off tenured teachers who have been    recalled;

 

d.  Teachers from within that discipline who    elected another pursuant to Section 4, b. and    who were involuntarily transferred;

 

e. Teachers who have either voluntarily    transferred  or who have requested a voluntary   transfer; and

 

f.  Laid off non-tenured teachers who have been    recalled.

 

14.  Any laid off teacher who is rehired after the expiration of his/her recall period shall, upon rehire, be credited with all of his/her prelayoff seniority and accrued sick leave.

 

15.  Notwithstanding the foregoing provisions, the seniority for those school nurses who have received permanent appointments to their positions within the meaning of Chapter 31 of the General Laws shall be determined by the total length of their continuous service from the date of their respective permanent appointments to the position of school nurse in the Brockton School System; any ties in seniority among the permanently appointed school nurses shall be broken in accordance with the statutes, rules and regulations governing permanent Civil Service employees and, if any tie in seniority is still not broken, then the nurse with the lower column (i.e. degree) placement shall be the one who is laid off.  In the event that the tie still is not broken, then preference shall be given to the nurse who has worked as her primary location in the building in which the vacancy occurs.  In the event that the tie is still not broken, a lottery will be held.  No nurse who has received a permanent appointment to his/her position within the meaning of Chapter 31 shall be laid off if there is any school nurse who has not been permanently appointed to his/her position whose position the permanently appointed school nurse is qualified to fill.  The seniority of those school nurses who have not been permanently appointed to their positions shall be determined by the total length of their continuous service from their date of hire in the Brockton School System.  If any ties in seniority among the school nurses who have not been permanently appointed to their positions exist, then the nurse with the lower column (i.e. degree) placement shall be the one who is laid off.  In the event that the tie still is not broken, then preference shall be given to the nurse who has worked at his/her primary location in the building in which the vacancy occurs.  In the event that the tie is still not broken, a lottery will be held.  In computing the seniority of both the permanently appointed and the provisional or non-permanently appointed school nurses, time spent on either paid or unpaid leave shall be treated in accordance with paragraph 4e of this Article.  The recall rights of any permanently appointed school nurses who are laid off shall be governed by Section 39 of Chapter 31 of the General Laws which provides for a ten (10) year recall period.  The recall rights of any provisional or non-permanently appointed school nurses who are laid off shall be governed by paragraph 7 of this Article.  Except as otherwise specified in this section, all of the other provisions of this Article XLI shall be applicable to the school nurses unless the context plainly indicates otherwise.

 

 

ARTICLE XLII

SCHOOL NURSES

 

During their first three (3) consecutive school years of service, nurses will be subject to annual renewal or nonrenewal of their contract on the same basis as teachers.  Once a nurse has served three (3) consecutive school years and has been rehired for a fourth (4th) school year, he/she will be regarded as a permanent employee who is no longer subject to annual appointment, provided that he/she was properly licensed and certified for that entire prior three (3) year period.  Effective on and after September 1, 2004, the salary schedule placement of the nurses has been based on whichever step of the Teachersʼ Salary Schedule is applicable to them, including Step 11.

 

 

ARTICLE XLIII

DURATION

 

This Agreement will be effective as of September 1, 2005, and will remain in full force and effect until August 31, 2008.  The parties agree that no later than December 1, 2007 they will enter into negotiations for a Successor Agreement that will become effective as of September 1, 2008.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

APPENDIX A-5

MISCELLANEOUS

 

a.  In order to encourage experienced teachers to remain in the Brockton School System, longevity increments will be given to teachers who have completed 12, 15, 20, 25 and 30 years of service in Brockton on the following basis:

 

        Years of Service  Longevity Pay

 12        $500

 15        $1,800

 20        $2,200

 25        $2,600

 30        $3,500

 

b.  The longevity increments shall be paid in a lump sum which shall be made during the month(s) of October and/or November and which may be paid in either one or two consecutive pay periods.  In the case of any teacher whose employment terminates before the end of the school year for which a longevity increment is paid, a prorated adjustment shall be made in that teacherʼs final paycheck based upon the proportion that the number of days remaining in the school year after the teacherʼs employment terminates bears to the total number of days in the teacherʼs work year. For example, a teacher who receives a $2,200 longevity increment and who retires at the exact mid-point of his/her work year shall have 50% of his/her $2,200 longevity increment, i.e., $1,100 deducted from his/her final paycheck.

 

c.  In addition to the foregoing longevity increments, there shall also be a supplementary longevity increment that will be available only to those teachers and administrators who have served in the Brockton School System for at least twenty (20) years.  Any such teacher or administrator shall be eligible to receive a supplementary longevity increment in the amount of seven percent (7%) of his/her annual base salary as a teacher (or seven percent (7%) of his/her annual base salary and ratio as an administrator) for any single period of three (3) consecutive years during his/her teaching career subject to the following conditions:

 

1.  The teacher must give written notice of his/her intent to access this Supplementary Longevity Increment to the Superintendent or his/her designee prior to the November 1 preceding the contract year in which the teacher desires to begin receiving this benefit.

 

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

 

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

 

d.  Hourly rates effective upon ratification:

 

1.  Driver Education Teachers:   $25.86 per class hour

Monday through Saturday

 

2.  Community School Teachers: $25.86 per class hour

 

3.  Home Instruction Teachers: $25.86 per class hour

 

4.  Summer School Teachers:  $25.86 per class hour

 

e.  All hourly rates for teachers and administrators, all weekly and summer rates for administrators and all Voluntary Class Coverage rates shall be increased in accordance with the following schedule:

 

Effective upon ratification  2%

 

September 1, 2006    2%

 

September 1, 2007   5.5%

 

Hourly Rates

 

Effective upon ratification

Teachers     $25.86

Administrators   $31.34

 

2006 – 2007

Teachers    $26.38

Administrators   $31.97

 

2007 – 2008

Teachers     $27.83

Administrators    $33.73

 

f.  The foregoing percentage increases (2%, 2% and 5.5%) shall also be applicable to all rates in Appendix C (Extracurricular Activities) except that the first year increase in the Appendix C rates shall become effective on September 1, 2005.

 

g.  The Coaches Schedule (Appendix B) during the term of the 2005-2008 Collective Bargaining Agreement shall be as per Appendix B that is attached hereto.

 

h.  Any existing differential positions that are not listed in the Differential schedule (Appendix E) in the predecessor Agreement shall be incorporated into the Differential Schedule in this Agreement. 

 

i.  General

 

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

 

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

 

j.  Members of the bargaining unit who are assigned to the Central Administration Building shall either be provided with free parking in an adjacent or nearby location or they shall be provided with a permit to park in the Municipal Garage subject to a monthly five dollar ($5) co-pay by the employee.

 

APPENDIX B
Salary Schedule for Coaches

 

FALL  9/1/05 9/1/06 9/1/07
  2% 2% 5.5%
Football   
Head Coach 10,495 10,705 11,296
Assistant Coach (2) 4,723 4,817 5,084
JV Coach (2) 4,198 4,282 4,520
Freshman Coach (3) 3,674 3,747 3,955
             
Soccer – Men   
Head Coach 5,191 5,295 5,588
JV Coach  3,527 3,598 3,798
Freshman Coach 2,596 2,648 2,796

 

 

   
Soccer – Women   
Head Coach 5,191 5,295 5,588
JV Coach  3,527 3,598 3,798
Freshman Coach 2,595 2,647 2,795

Golf   
Head Coach 3,238 3,303 3,487
   
Cross Country – Men   
Head Coach 5,191 5,295 5,588
Assistant Coach 3,115 3,177 3,354
   
Cross Country – Women   
Head Coach 5,191 5,295 5,588
Assistant Coach 3,115 3,177 3,354
   
Swimming – Women   
Head Coach 5,203 5,307 5,601
Assistant Coach 3,122 3,184 3,361
Diving Coach 3,122 3,184 3,361
   
Volleyball – Women   
Head Coach 5,191 5,295 5,588
JV Coach  3,115 3,177 3,354
Freshman Coach 2,596 2,648 2,796
   
Cheerleader – Fall   
Head Coach 2,395 2,443 2,579
   
Half-Time Dancing   
Coaches (2) 1,083 1,105 1,168
   
Flags   
Coaches (2) 1,083 1,105 1,168
   
Manager   
Equipment  6,256 6,381 6,734
Faculty  4,789 4,885 5,156
   
Field Hockey – Women   
Head Coach 5,191 5,295 5,588
Assistant Coach 3,114 3,176 3,353
   
WINTER  9/1/05 9/1/06 9/1/07
  2% 2% 5.5%
Hockey    
Head Coach 6,676 6,810 7,187
Assistant Coach 4,006 4,086 4,313
JV Coach  3,338 3,405 3,594
   
Wrestling   
Head Coach 6,676 6,810 7,187
JV Coach  4,006 4,086 4,313
Freshman Coach 3,338 3,405 3,594

 

Indoor Track – Men   
Head Coach 5,203 5,307 5,601
Assistant Coach 3,122 3,184 3,361
   
Indoor Track – Women   
Head Coach 5,203 5,307 5,601
Assistant Coach 3,122 3,184 3,361
   
Swimming – Men   
Head Coach 5,203 5,307 5,601
Assistant Coach 3,122 3,184 3,361
   
Basketball – Men   
Head Coach 6,676 6,810 7,187
JV Coach  4,006 4,086 4,313
Freshman Coach 3,338 3,405 3,594
   
Basketball – Women   
Head Coach 6,676 6,810 7,187
JV Coach  4,006 4,086 4,313
Freshman Coach 3,338 3,405 3,594
   
Cheerleader – Winter   
Head Coach 2,395 2,443 2,579
   
SPRING  9/1/05 9/1/06 9/1/07
  2% 2% 5.5%
Baseball   
Head Coach 5,203 5,307 5,601
JV Coach  3,122 3,184 3,361
Freshman Coach 2,829 2,886 3,047
   
Softball   
Head Coach 5,203 5,307 5,601
J.V. Coach  3,122 3,184 3,361
Freshman Coach 2,829 2,886 3,047
   
Outdoor Track – Men   
Head Coach 5,203 5,307 5,601
Assistant Coach (2) 3,122 3,184 3,361

 

   
Outdoor Track – Women    Head Coach 5,203 5,307 5,601
Assistant Coach (2) 3,122 3,184 3,361
   
Tennis – Men   
Head Coach 3,238 3,303 3,487
   
Tennis – Women   
Head Coach 3,238 3,303 3,487

Volleyball – Men   
Head Coach 5,191 5,295 5,588
JV Coach  3,115 3,177 3,354
   
MIDDLE SCHOOL 9/1/05 9/1/06 9/1/07
  2% 2% 5.5%
Soccer – Men   
North Middle 2,240 2,285 2,413
South Middle 2,240 2,285 2,413
East Middle 2,240 2,285 2,413
West Middle 2,240 2,285 2,413
Gilmore Academy 2,240 2,285 2,413
Davis School 2,240 2,285 2,413
   
Soccer – Women   
North Middle 2,240 2,285 2,413
South Middle 2,240 2,285 2,413
East Middle 2,240 2,285 2,413
West Middle 2,240 2,285 2,413
Gilmore Academy 2,240 2,285 2,413
Davis School 2,240 2,285 2,413
   
Basketball – Men   
North Middle 2,240 2,285 2,413
South Middle 2,240 2,285 2,413
East Middle 2,240 2,285 2,413
West Middle 2,240 2,285 2,413
Gilmore Academy 2,240 2,285 2,413
Davis School 2,240 2,285 2,413
   
Basketball – Women   
North Middle 2,240 2,285 2,413
South Middle 2,240 2,285 2,413
East Middle 2,240 2,285 2,413
West Middle 2,240 2,285 2,413
Gilmore Academy 2,240 2,285 2,413
Davis School 2,240 2,285 2,413
   
Baseball   
North Middle 2,240 2,285 2,413
South Middle 2,240 2,285 2,413
East Middle 2,240 2,285 2,413
West Middle 2,240 2,285 2,413
Gilmore Academy 2,240 2,285 2,413
Davis School 2,240 2,285 2,413

 

 

 

Softball   
North Middle 2,240 2,285 2,413
South Middle 2,240 2,285 2,413
East Middle 2,240 2,285 2,413
West Middle 2,240 2,285 2,413
Gilmore Academy 2,240 2,285 2,413
Davis School 2,240 2,285 2,413
   
Cross Country – M/W   
North Middle 2,240 2,285 2,413
South Middle 2,240 2,285 2,413
East Middle 2,240 2,285 2,413
West Middle 2,240 2,285 2,413
Gilmore Academy 2,240 2,285 2,413
Davis School 2,240 2,285 2,413
   
Volleyball   
North Middle 2,240 2,285 2,413
South Middle 2,240 2,285 2,413
East Middle 2,240 2,285 2,413
West Middle 2,240 2,285 2,413
Gilmore Academy 2,240 2,285 2,413
Davis School 2,240 2,285 2,413

 

APPENDIX C
Salary Schedule for Extracurricular Activities

   
SENIOR HIGH SCHOOL   9/1/05   9/1/06   9/1/07
      2%     2%     5.5%
ADVISORS   
   
Senior Class Advisor (2)        1,886     1,924     2,030
Junior Class Advisor (2)        1,303     1,329     1,402
Sophomore Class Advisor        978        998     1,053
Freshman Class Advisor          923        941        993
Academic Competition

Advisor         1,303     1,329     1,402
Afro American Club        1,222     1,246     1,315
Afro American Literature

Club            785        801        845
Alliance (Gay/Straight)           785        801        845
Amateur Radio Club 1,424 1,452 1,532
Amnesty International/

Next Move  785 801 845
Anime and Manga

Club  785 801 845
Aquarium Club 923 941 993
Art Club  923 941 993
Asian Club 785 801 845
Band Director 5,271 5,376 5,672
Assistant Band

Director  1,990 2,030 2,142
Book Club  785 801 845
Cape Verdean Club 785 801 845
Chess Club 923 941 993
Choral Group

(BHS Harmonics) 1,222 1,246 1,315
Coin Club  785 801 845
Computer Club 1,222 1,246 1,315
Conservative Club 785 801 845
Debating Club 948 967 1,020
Distributive Education

Club (DECA) 1,832 1,869 1,972
Drama Director 8,000 8,160 8,609
Stage Technical

Director  6,500 6,630 6,995
Stage Coordinator 6,500 6,630 6,995
Ecology

(Hiking & Biology) 1,424 1,452 1,532
Fashion Club 785 801 845
Flying Careers Club 1,424 1,452 1,532
French Club 785 801 845
Future Teachers

of America Club (2) 785 801 845
Garden Club 785 801 845
German Club 785 801 845
Girlsʼ Golf  785 801 845
Greek Club  785 801 845
Haitian Club 1,210 1,234 1,302
Hebrew Club 785 801 845
Hip Hop Club 785 801 845
History Club  785 801 845
Honor Society

Chairman  1,303 1,329 1,402
International Club 785 801 845
Jamaican Club 785 801 845
Jazz Choir Club 785 801 845
Jr. World Affairs

Council  841 858 905
Key Club  1,817 1,853 1,955
Latin Club  785 801 845
Latin American Club 1,210 1,234 1,302
Literary Review 1,210 1,234 1,302
Majorettes  1,222 1,246 1,315
Marching Band

Assistant  1,932 1,971 2,079
Math Club  948 967 1,020
Newspaper Editor 1,924 1,962 2,070
Newspaper Business

Manager  1,331 1,358 1,433
Photography Club 923 941 993
Power Lifting Club 785 801 845
Red Cross Council 785 801 845
Rocket Club 923 941 993
Russian Club 785 801 845
Sailing Club  1,832 1,869 1,972
School Bank 1,605 1,637 1,727
Science Club 785 801 845
Science Fiction Club 785 801 845
Scuba Diving Club 1,832 1,869 1,972
Ski Club (3) 1,832 1,869 1,972
Skills USA Club 923 941 993
Stage Band (Jazz) 3,163 3,226 3,403
Step Club  785 801 845
Student Council

Advisor(all schools) 1,572 1,603 1,691
TV and Radio Club 1,424 1,452 1,532
Asst. TV and Radio

Club  1,222 1,246 1,315
Vision Club  785 801 845
West Indian Club 785 801 845
Writing Club 785 801 845
Yearbook   3,476 3,546 3,741
Assistant Yearbook 1,738 1,773 1,871
Young Democrats

Club  785 801 845
4H Club  785 801 845
   
MIDDLE SCHOOL 9/1/05 9/1/06 9/1/07
  2% 2% 5.5%
   
Band  1,424 1,452 1,532
Cheerleaders 1,020 1,040 1,098
Choral Group

Middle School (4) 1,150 1,173 1,238
Dramatics  923 941 993
Jazz Choir

(South Middle School) 1,083 1,105 1,166
Newspaper (School) 785 801 845
Stockroom  923 941 993
Student Council 785 801 845
Workshop Band 785 801 845
Yearbook  1,222 1,246 1,315

1Any extracurricular activities approved by the School Committee for the first time after September 1, 2005, shall be separately funded at a level to be determined by the Extracurricular Activities Evaluation Committee employing the criteria listed in the document entitled, “Extracurricular Evaluation.”  The Extracurricular Activities Evaluation Committee shall consist of two (2) members appointed by the Committee and two members appointed by the Association and shall continue not only for the purpose of evaluating the proper placement of new extracurricular activities on the schedule, but also for the purpose of considering the reclassification of existing positions which undergo some change in the future upon the request of the teacher or administrator involved in the particular activity.

 

APPENDIX D

Ratio Schedule

 

POSITION                  RATIO      WORK YEAR
  
Housemasters  1.50 11
  
ASSISTANT PRINCIPALS  
Assistant Housemasters 1.25 10 mo. 2 wk.
Middle School  1.25 10 mo. 2 wk.
Gilmore Academy  1.25 10 mo. 2 wk.
Russell School –

Phoenix Program  1.25 10 mo. 2. wk.
  
Elementary  
Full-time (25 rooms and over) 1.15 10
Part-time (15 to 24 rooms) 1.10 10
Teaching (10 to 14 rooms) 1.05 10
  
DIRECTORS  
Athletics 7 – 12  1.40 11
Bilingual & ESL Services 1.40 11
Community Schools

 + Afterschool Programs 1.50 12
Data Processing  1.50 12
Food Service  1.40 11
Guidance   1.40 11
Instructional Technology 1.50 12
K – 12 Health Education

and Medical Services  1.50 215 days
Music K – 12  1.40 11
Parent Info Center  1.50 12
Occupational Education 1.40 11
Reading/ELA/Social St/Writing 1.40 11
Special Education  1.50 12
POSITION                  RATIO   WORK YEAR IRC   1.40 11  COORDINATORS  
Adult Education

/Neighborhood Schools 1.30 11
Alternative Programs  1.30 11
Art K – 12   1.30 11
Athletics 7 – 12  1.30 11
Bilingual K – 12  1.30 11
Chapter 1/Title 1  1.30 11
Community Schools

& After School  1.50 12
Early Childhood Pre-K  1.30 11
Health Services  1.30 11
I.R.C. K – 12  1.30 11
Math K – 8/Computer

Literacy K – 8  1.30 11
Physical Education K – 12 1.30 11
Reading/Language Arts K – 6 1.30 11
Reading Language

Arts Grades 7 – 8  1.30 11
Special Education Compliance 1.30 11
Special Extra Programs 1.30 11
Special Projects  1.30 11
Writing K – 8  1.30 11
  
DEPARTMENT HEADS  
30 and over  1.25 11
10 to 29   1.20 11
0 to 9   1.15 10 mo. 2 wk.
Administrative   1.25 12
Adult Learning Center  1.30 11
Alternative Schools  1.15 10 mo. 2 wk.
Title I – Primary K – 4  1.15 10 mo. 2 wk.
Title I – Intermediate 5 – 12 1.15 10 mo. 2 wk.
Chapter 636

/Multi-Cultural Education 1.15 10 mo. 2 wk.
Early Childhood  1.30 11
Elementary

Education Pre K – 5   1.10 10 mo. 1 wk.
Foreign Language

BHS & Middle Schools  1.20 11
Guidance 9 – 12  1.20 11
Health K – 6  1.20 11
Math Pre K – 8  1.10 10 mo. 1 wk.
21st Century Learning Center 1.30 11
Reading 7 – 12  1.15 10 mo. 2 wk.
School Psychologist  1.10 10 mo. 1 wk.
Social Science

/Science/Health K-6  1.20 11
Special Education

Department Head Pre K – 6 1.25 11
Special Education Department

Head for Middle Schools 1.20 11
Special Education – Early Childhood,

Related Services and

Accommodation Plans  1.25 11
Title VII K – 12  1.15 10 mo. 2 wk.
Teen Grads Program  1.15 10 mo. 2 wk.
Team Facilitators  1.10 10 mo. 1 wk.
Lead Teacher Champion

Charter School  1.15 11

In addition to the Ten Month work year for the Elementary School Assistant Principals that is set forth in Appendix D, Administrators in that classification – irrespective of whether they are Full-time, Part-time or Teaching Assistant Principals – shall also work the five (5) days immediately preceding the start of the teacher’s year.  For each such day, the Elementary School Assistant Principals shall be compensated at their per diem rate based upon a one hundred eighty one (181) day year.

 

New Positions

The following positions shall be compensated according to set salary below rather than according to the Teachers Salary Schedule.

 

Position 9/1/05 9/1/06 9/1/07 07/08
 (2%) (2%) (2.5%) Salary      Midpoint

    (3.0%)
Manager of MCAS Programs

(201 day work year)

 71,906 73,344 75,177 77,433

Manager of Information Technology (12 month work year)

 78,856 80,433 82,444 84,917

Student Information Management Specialist (12 month work year)

 70,281 71,687 73,479 75,683
Asst. Student Information Management Specialist (12 month work year)

 62,910 64,168 65,772 67,745

High School Restructuring Specialist (12 month work year) 75,043 76,544 78,457 80,811

The foregoing salary amounts have been calculated by applying the percentage amounts that were agreed upon in the negotiations for this Agreement.

 

APPENDIX E

Differential Schedule

 

POSITION         DIFFERENTIAL    WORK          YEAR
  
Adaptive Physical

 Education Teacher  1,000 10
Adjustment Counselor  750 10
Auxiliary Teacher

 – Ithaka Alternative School 3,000 10
Adult Education/Enrichment

and Recreation Supervisor 6,500 11
Elementary Inclusion Teacher* 500 10
Guidance   750 10
Half-Time Neighborhood School

Supervisor   4,500 11
Head Guidance Counselor

Middle School  2,000 10 mo. 1 wk.
Head Guidance Counselor H.S. 500 10 mo. 1 wk.
Head Teachers  500 10
Home Teachers  500 10

 

POSITION         DIFFERENTIAL    WORK          YEAR
  
Instructional Resource

Specialist   2,000 10 mo. 5 days
I.R.C. Personnel  500 10
Mentor Teacher  1,500 10
Mentor Teacher Program

Manager   2,200 10
National Board for

Professional Teaching

Standards Certified Teacher 2,000 10
Occupational Therapist  1,000 10
Phoenix Teacher  500 10
Physical Therapist  1,000 10
Reading Resource Specialist 2,000 10 mo. 5 days
Special Class Teachers 500 10
Speech Therapist  1,500 10
A.V. Coordinators  
Rooms 4 to 9  350 10
Rooms 10 to 24  500 10
Rooms 25 and over  700 10
Floor Teachers – B.H.S. 3,550 10, 2/3 load
Data Processing Assistant  7,000 12
T.V. Studio – B.H.S.  500 10
Planetarium – B.H.S.  800 10
Community School Specialist

 – Basic Program  4,000 6 hrs. per wk.
Part – time Community

School Supervisor  4,500 32 wks.
Summer School  
     Housemaster  5,500 
     Assistant Housemaster 3,800 
Director – Data Processing

(Municipal data processing work) 3,000 12
Pre-School

/Elem. Programs Supervisor 3,500 
Multi-Cultural Spec.  2,000 10 mo. 2 wks.
Registrar   2,000 11
Get Ready Supervisor  3,500 
Act I, Scene I Supervisor 3,200 
Intramural Advisor  350 8 weeks
          (appropriate adjustment upward & downward for longer and shorter seasons) at the rate of:

  Upon 9/1/06 9/1/07

               Ratification (2%) (5.5%)

Hourly  26.64 27.18 28.67
Weekly  133.20 135.90 143.35
Seasonal  1,065.60 1,087.20 1,146.80

APPENDIX F

Administrators’ School Year and Summer Work Schedule

 

During the school year, the work schedule for administrators

on ratio shall be as follows:

 

POSITION  HOURS  LUNCH
  
DIRECTORS  
Data Processing 8:00 a.m. – 4:00 p.m. ½ hour
Guidance  8:00 a.m. – 4:00 p.m. ½ hour
IRC  8:00 a.m. – 4:00 p.m. ½ hour
Occupational

Education  8:00 a.m. – 4:00 p.m. ½ hour
Special Education 8:00 a.m. – 4:30 p.m. 1 hour
  
COORDINATORS  
Adult Ed/

Neighborhood Schools 8:00 a.m. – 4:00 p.m. ½ hour
Title I  8:00 a.m. – 4:00 p.m. ½ hour
Physical

Education K – 12 8:00 a.m. – 4:00 p.m. ½ hour
  
BROCKTON HIGH SCHOOL  
Housemasters 7:15 a.m. – 3:00 p.m. Contract
Assistant

Housemasters 7:15 a.m. – 3:00 p.m. Contract
Department Heads 7:15 a.m. – 3:00 p.m. Contract
  
BHS/MIDDLE SCHOOLS  
Department Head

of Athletics  7:15 a.m. – 3:00 p.m. Contract
Department Head

of Reading  7:15 a.m. – 3:00 p.m. Contract
  
MIDDLE SCHOOLS  
Assistant Principals 7:15 a.m. – 3:00 p.m. Contract
Department Heads 7:15 a.m. – 3:00 p.m. Contract
  
ELEMENTARY SCHOOLS  
Assistant Principals 8:00 a.m. – 3:30 p.m. Contract
  
KINDERGARTEN  
Assistant Principals 8:30 a.m. – 4:00 p.m. Contract
  
PRE – K  
Assistant Principals 8:30 a.m. – 4:00 p.m.  Contract 
  
DEPARTMENT HEADS – CITY WIDE  
Adult Learning Center 8:15 a.m. – 3:45 p.m. ½ hour
Art K – 12  8:15 a.m. – 3:45 p.m. ½ hour
Bilingual K – 12 8:15 a.m. – 3:45 p.m. ½ hour
Title I – Primary K – 4 8:15 a.m. – 3:45 p.m. ½ hour
Title I – Intermediate

5 – 12  8:15 a.m. – 3:45 p.m. ½ hour
Chapter 636

Multi-Cultural Ed. 8:15 a.m. – 3:45 p.m. ½ hour
Health 7 – 12 8:15 a.m. – 3:45 p.m. ½ hour
Math K – 6

/Comp. Literacy K – 8  8:15 a.m. – 3:45 p.m. ½ hour
Music K – 12 8:15 a.m. – 3:45 p.m. ½ hour
Reading

/Language Arts K – 6 8:15 a.m. – 3:45 p.m. ½ hour
Special Education

Pre – K – 8  8:15 a.m. – 3:45 p.m. ½ hour
Title VII K – 12  8:15 a.m. – 3:45 p.m. ½ hour
  
TEAM FACILITATORS  
Brockton High School 7:15 a.m. – 3:00 p.m. ½ hour
Middle Schools 7:15 a.m. – 3:00 p.m. ½ hour
Elementary Schools 8:15 a.m. – 4:00 p.m. ½ hour

 

During the summer months, the workday for all administrators shall be from 8:00 a.m. to 3:00 p.m. with one (1) hour for lunch.

 

Any deviations from the foregoing school year or summer work schedules for administrators must be approved by the Superintendent or his designee.

 

APPENDIX G

 

School Calendar

 

 

LABOR DAY Monday      September 4, 2006
Teachers report Tuesday      September 5, 2006
First Day of School

for Students               Wednesday      September 6, 2006
First Day of School

For Kindergarten* Thursday    September 14, 2006

 – Schools are closed on the following HOLIDAYS and VACATION PERIODS – 

 

YOM KIPPUR Monday           October 2, 2006
COLUMBUS DAY Monday           October 9, 2006
VETERANSʼ DAY Friday     November 10, 2006
THANKSGIVING

RECESS       Thursday-Friday November 23-24, 2006
Noon dismissal Wednesday, Nov. 22
CHRISTMAS

RECESS        Monday-Monday     Dec. 25, 2006-Jan. 1, 2007
Noon dismissal Friday, December 22, 2006

Schools re-open Tuesday, Jan. 2, 2007
MARTIN L. KING DAY   Monday          January 15, 2007
WINTER RECESS

Presidentsʼ Day,

February 19          Monday-Friday    February 19-23, 2007
GOOD FRIDAY Friday                 April 6, 2007
SPRING RECESS

Patriotsʼ Day,

April 16         Monday-Friday          April 16-20, 2007
MEMORIAL DAY Monday               May 28, 2007
Last day for Seniors Thursday               May 31, 2007

 

B.H. S. Graduation Exercises 5:00 PM     Saturday                 June 2, 2007
Last day of school Noon dismissal

  Monday                   June 25, 2007

*Screening is required for kindergarten and is by appointment only. Appointments will be made for Thursday through Tuesday, September 7, 8, 11 and 12 before kindergarten classes begin. Kindergarten Parent Orientation Day is Wednesday, September 13, 2006 . Kindergarten changeover occurs Monday, January 29, 2007.

This calendar complies with student learning time regulations as set forth in 603 CMR 27.00 by scheduling 185 school days for all students. If there are no school cancellations, the 185 scheduled days will be adjusted to 180 school days and the last day of school will be June 18, 2007.

Approved by School Committee on July 27, 2006.

 

IN WITNESS WHEREOF, the parties hereunto set their hands and seals this 10th day of May, 2006.

 

            

 

BROCKTON SCHOOL COMMITTEE

Honorable James E. Harrington, Chairman

Matthew Belcher

Janice A. Beyer

James Daley

Ronald F. Dobrowski

Brian C. Foley

Maurice Hancock

Patricia Joyce

 

BROCKTON EDUCATION ASSOCIATION

Joseph A. OʼSullivan, President

Susan G. Anderson, Negotiations Chair

Kathleen M. Ettinger

Jennifer Guzikowski

Judith Kavanagh

Timothy D. Sullivan

Richard S. Willis


 

 

 

 

 

 

 

 

 

 

 

 


 

salary schedule

Salary Schedule

 

 



 

 

MEMORANDUM OF AGREEMENT

 

BETWEEN THE

 

BROCKTON SCHOOL COMMITTEE

 

AND THE

 

BROCKTON EDUCATION ASSOCIATION

 

The Negotiating Subcommittee of the Brockton School Committee ("School Committee"), acting subject to the ratification of this Agreement by the School Committee to whom the Subcommittee agrees to recommend acceptance, and the Negotiating Team of the Brockton Education Association ("BEA"), acting subject to the ratification of this Agreement by the membership of the BEA to whom the Negotiating Team agrees to recommend acceptance, hereby mutually agree to the following terms and conditions of settlement of the contract negotiations for the successor Collective Bargaining Agreement that will be in effect for the three year period from September 1, 2008 to August 31, 2011.

 

All terms and provisions of the predecessor Collective Bargaining Agreement that was effective from September 1, 2005 to August 31, 2008 shall, except to the extent modified by this Memorandum of Agreement, be carried over intact into the successor Collective Bargaining Agreement which shall be effective for the three year period from September 1, 2008 to August 31, 2011.

 

All references to dates in the successor Collective Bargaining Agreement shall be changed to reflect the term of the successor Agreement unless otherwise provided for in this document.

 

All economic modifications for the first year will take effect as of September 1, 2008 unless some other date is specified in which event they shall take effect on the specified date. In the case of administrators and other bargaining unit personnel who are employed on a twelve month basis, the economic modifications shall take effect as of July 1 of each year of the new Agreement and the economic modifications that are scheduled to take effect as of the salary midpoint of 2010 - 2011 shall take effect as of January 1, 2011.

 

Unless otherwise specified herein, all modifications of non-economic working conditions will take effect as of September 1, 2008.

 

5.         The basic economic settlement that has been agreed upon in these negotiations is set forth as follows:

 

A.        1st Year

 

All salaries on the schedule and all off schedule positions shall be increased by 2% as of 9/1/08.

 

The following longevity plan shall be effective as of 9/1/08:

 

Years of Service          Longevity Fay

 

12        $650   ($150 increase)

 

15        $1,950 ($150 increase)

 

20        $2,500 ($300 increase)

 

25        $3,300 ($700 increase)

 

30        $4,375 ($875 increase)

 

B.        2nd Year All salaries on the schedule and all off schedule positions shall be increased by 3% effective 9/1/09.

 

C.        3rd Year

 

All salaries on the schedule and all off schedule positions shall be increased by 3% effective 9/1/10.

 

All salaries on the schedule and all off schedule positions shall be increased by 2% as of the 10/11 salary mid-point.

 

D.        The following percentage increases shall be applicable to all rates in Appendix B (Coaches Schedule) and Appendix C (Extracurricular Activities):

 

Effective September 1, 2008  2%

 

Effective September 1, 2009  3%

 

Effective September 1, 2010  5%

 

E.         All hourly rates for teachers and administrators shall be increased in accordance with the following schedule:

 

Effective September 1, 2008  2%

 

Effective September 1, 2009  3%

 

Effective September 1, 2010  5%

 

6.         Sick Leave Bank (Article XVII, Section E) Section E, 3 of Article XVII shall be amended by relettering the existing language as a new Section E, Subsection 3(a.) and creating the following new Subsections:

 

(b.)       Upon exhaustion of the Sick Leave Bank during any given school year, all Teachers shall be permitted to donate an additional sick leave day to the Bank.

 

(c.)       In the event that a Teacher does not volunteer to donate an additional sick leave day to the Sick Leave Bank upon its exhaustion, that decision shall not impact his/her eligibility for the Bank which is governed by Subsection (a.) above. In addition, a Teacher cannot earn eligibility to the Sick Leave Bank because he/she chooses to donate an additional sick leave day to the Bank upon its exhaustion in accordance with Subsection (b.) above. Rather, the eligibility criterion set forth in Subsection (a.) is the exclusive mechanism for a Teacher to become a member of the Sick Leave Bank for a given school year.

 

(d.)      Teachers who are not eligible for the Sick Leave Bank may still donate an additional sick leave day to the Bank upon its exhaustion in accordance with Subsection (b.) above.

 

(e.)       The pool of additional sick leave days that are donated to the Sick Leave Bank upon its exhaustion shall be preserved for the remainder of the school year and used on an as needed, random basis.

 

(f.)       In the event that the entire pool of additional sick leave days is not exhausted at the conclusion of the school year, those unused days shall be returned to the Teachers who donated them.

 

(g.)       The BEA will be solely responsible for the solicitation of donations to the Sick Leave Bank in accordance with Subsections (a.) and (b.) above.

 

7.         Personal Leave Utilization Cap (Article XVIII, Section A, 1)

 

The Personal Leave Utilization Cap that is set forth in this Section of the Contract shall be increased from eighteen (18) to twenty-one (21) Teachers.

 

8.         Work Day (Article V, Section A)

 

A.        Article V, Sections A, 1 and 2 shall be amended by incorporating the terms of the document entitled "BPS THREE-TIERED BUSING SYSTEM" which is attached hereto as Appendix C. In consideration of the BEA's agreement to alter the starting and ending times for Teachers in the manner that is set forth in Appendix C, Article V, Sections A, 3(a) and (b) shall be suspended through the term of the 2008 - 2011 Contract. In the event that the School Committee wishes to alter the starting and ending times for Teachers during the life of this Agreement, it shall negotiate the issue with the BEA.

 

B.        The current practice of permitting Teachers to leave school early for coaching at the High School, Middle Schools and/or K-8 Schools shall continue.

 

9.         Medicare Part B Premium Reimbursement (Article XXIII, Section G)

 

A.        A new Section G shall be added to Article XXIII of the Contract which shall read as follows:

 

G.        The City shall reimburse seventy-five percent (75%) of the Medicare Part B premiums for:

 

All teachers and administrators who have retired or who will retire from the Brockton Public Schools at any time on or after December 27, 2001 through August 31, 2008; and

 

All teachers and administrators who retired from the Brockton Public Schools on or before December 26, 2001 and who have a household income of two hundred percent (200%) of the Federal poverty level or lower; and

 

To be eligible to receive this benefit, an individual must be health benefit eligible and have retired directly from a Unit A or Unit B position.

 

However, any current BEA member who retires on or after September 1, 2008 shall not receive a Medicare Part B Premium Reimbursement of any kind.

 

B.        Upon the execution of this Agreement by the parties, the Memorandum of Agreement on Payment of Medicare Part B Premiums for BEA Retirees that was entered into among the City, the School Committee and the BEA on March 6, 2007 shall become null and void.

 

10.       The following Housekeeping agreements have been reached between the parties:

 

A.        Interim Agreements Certain interim or other agreements that have been entered into by the parties during the term of the current contract (September 1, 2005 - August 31, 2008) shall be incorporated into the successor contract provided that the parties agree to do so. A list of such agreements shall be developed by the parties in the Joint Study Committee that is described in Paragraph 11 herein.

 

B.        Red Circle Agreements The Red Circle agreement from the previous Memorandum of Agreement is attached hereto as Appendix A.

 

C.        Voluntary Participation The Voluntary Participation agreement from the previous Memorandum of Agreement is attached hereto as Appendix B.

 

11.       Attached hereto as Appendix D is a document entitled "CONTRACT PROPOSALS OF THE BROCKTON EDUCATION ASSOCIATION FOR INCLUSION IN A JOINT STUDY COMMITTEE TO TAKE EFFECT ON AND AFTER SEPTEMBER 1, 2008." The parties agree to the formation of a Joint Study Committee consisting of an equal number of representatives of the BEA and the School Committee that will consider the proposals that appear on the above-referenced document. The agreement to form this Joint Study Committee does not constitute a commitment by either party with respect to any such proposals. However, it does constitute a commitment by both parties to give good faith consideration to each of them. Furthermore, the parties have reached the following additional agreements with respect to the Joint Study Committee:

 

A.        The School Committee has agreed to allocate $40,000 for the proposals that are set forth in Appendix D and agreed upon by the Joint Study Committee, provided however that any issue raised by the School Committee pursuant to Paragraph IV H of Appendix D shall not be credited against the aforesaid allocation of $40,000.

 

B.        Any economic agreements that are reached during the Joint Study Committee shall be implemented as of September 1, 2008.

 

C.        The Joint Study Committee shall convene as soon as possible after the ratification of this Agreement and shall complete its task by no later than one year after the ratification of this Agreement.

 

Signed in the City of Brockton on this 17th day of June, 2008.

 

_________________________________      ________________________

 

BROCKTON SCHOOL COMMITTEE       BROCKTON EDUCATION ASSOCIATION

 

_________________________________      ________________________

 

_________________________________      ________________________

 

_________________________________      ________________________

 

_________________________________      ________________________

 

_________________________________      ________________________

 

_________________________________      ________________________

 

APPENDIX A

 

It is further agreed that, throughout the term of the new contract, any Administrator who exercises his right to bump into a Unit B position pursuant to Article XLI will be red-circled at the salary level at which he was being paid at the time of his reduction provided that he has served in the administrative position from which he has been reduced for three years or longer. If any such reduced Administrator has not served in the administrative position from which he has been reduced as a result of a reduction in force but has previously served in a lesser compensated administrative position for three years or longer, he shall be red-circled at the salary level at which he would have been paid at the time of his reduction if he had still been serving in that lesser compensated position at that time; if any such Administrator has previously served for three years or longer in two or more lesser compensated administrative positions, his red-circled compensation shall be based upon the higher or highest of the lesser compensated positions.

 

Any reduced administrator who benefits in any year from any such red-circling that first becomes effective during the term of this Agreement shall work an additional number of days beyond the teacher's work year during such school year upon projects assigned by the Superintendent. The number of such additional days shall be determined by first computing the actual percentage value that the red-circle payment for any such year bears to the actual dollar value of the ratio for that year of the administrative position upon which the red circle salary has been based - i.e., either the administrative position from which the former Administrator was actually reduced or the administrative position upon which his red circle was computed, whichever the case may be. That percentage value shall then be applied to the total number of days in excess of the teacher's work year for the administrative position upon which the red-circle is based as set forth in Appendix D, rounded off to the nearest half day. For example, if the actual ratio value of a ten month-two week administrative position for that year is $2,000, the reduced Administrator would be required to work upon projects assigned by the Superintendent for four days beyond the Administrator's work year.

 

APPENDIX B

 

It is understood that participation by teachers on or in committees, cadres and/or innovations in teaching methods, while encouraged, is not required as are the "up to two staff meetings each month" that are referred to in Article V, Section C(2) except when such participation falls within the "two staff meetings each month" that are referred to therein or when such participation occurs on release time or in-service days.

 

SIDE LETTER OF AGREEMENT

 

BETWEEN

 

THE BROCKTON SCHOOL COMMITTEE

 

AND

 

THE BROCKTON EDUCATION ASSOCIATION

 

This SIDE LETTER OF AGREEMENT is entered into by and between the Brockton School Committee (hereinafter the "Committee") and the Brockton Education Association (hereinafter the "Association").

 

WHEREAS, the Committee and the Association have entered into a collective bargaining agreement for the period September 1, 2005 through and including August 31, 2008; and

 

WHEREAS, two schools have applied for a "School Redesign: Expanded Learning Time School Grant" from the Massachusetts Department of Education; and

 

WHEREAS, the Committee and the Association have, pursuant to Massachusetts General Laws, Chapter 150E, negotiated over the implementation of the expanded learning time (ELT);

 

NOW, THEREFORE, in consideration of mutual covenants and promises, the parties agree as follows:

 

The terms and conditions set forth in the Collective Bargaining Agreement for the period September 1, 2005 through and including August 31, 2008, shall continue in full force and effect, except as modified by this SIDE LETTER OF AGREEMENT.

 

Pilot Program Any ELT program that is implemented in the 2008-2009 school year shall be a one year pilot program.

 

3.         Termination of Agreement In the event that the funding for the ELT grant is reduced or eliminated, the ELT schedule will be eliminated on the day (even if it occurs during the school year) that the funding is no longer available. If this occurs, the schools will revert back to the schedule that was in effect prior to the implementation of the ELT program (subject to any agreements reached as a result of negotiations for a successor collective bargaining agreement).

 

4.         Posting Procedures and Selection Process for ELT Positions

 

A.        Internal Posting: On or before Wednesday, May 28, 2008 the administration will post the expanded learning time positions by means of a notice on the ELT school's Association bulletin board.   Additionally, on that same date, the posting will be e-mailed to every teacher who is assigned to the ELT school. The posting will include the compensation, duties and responsibilities of the position, the closing date for applications and specific ELT schedules for both classroom teachers and specialists. (See samples attached).

 

Teachers will have fourteen (14) calendar days from the date of the posting to apply for the ELT positions.

 

If the number of applicants for ELT positions exceeds the available slots, then the positions shall be awarded on the basis of seniority within the system.

 

Teachers who have been chosen for the ELT positions shall be notified no later than Friday, June 13, 2008.

 

B.        External Posting: If there are not enough internal candidates to fill the ELT positions, then the positions shall be posted system-wide in accordance with Article XI (Transfers) on June 14, 2008. In order to facilitate transfers to the ELT school, the parties agree to extend the April 1 deadline for submitting a written request for a voluntary transfer to June 28, 2008.

 

5.         Opting Out A teacher who does not wish to participate in the ELT program shall have the opportunity to opt out of the school. Any teacher who elects to opt-out shall be considered an involuntary transfer.

 

If there are not enough teachers who choose to opt out of the ELT school and if more slots are needed to accommodate the incoming teachers, then the non-ELT teacher(s) with the least building seniority will be transferred out of the building.

 

6.         Compensation Teachers whose length of day or school year is increased as a result of ELT will receive a pay increase proportional to the increased work time. The salary for the ELT will be set forth as a separate Appendix A1, Teachers Salary Schedule.

 

7.         Preparation Time Teachers whose length of day or school year is increased as a result of ELT will receive an increase in preparation time proportional to the increased work time.

 

________________________________________________________________________

 

1 Expanded Learning Time.

 

_________________________________________________________________________

 

8.         Disputes or Issues Relating to the Performance of this Agreement Both the Committee and the Association agree that their respective representatives (the Executive Director of Human Resources and the BEA President) will meet with each other at reasonable times upon the request of either party for the purpose of attempting in good faith to resolve any and all disputes or issues that may arise pertaining to the performance of this Agreement prior to filing a grievance.

 

This Side Letter of Agreement shall be included in the printing of the new contract as Appendix H.

 

This Side Letter of Agreement is subject to ratification by the Brockton School Committee and the membership of the Brockton Education Association.

 

No school will become an ELT school unless two-thirds (2/3) of the teachers assigned to that school vote that the school should become an ELT school. The vote will be by secret ballot conducted by the BEA. For the purpose of voting only, a teacher is considered to be "assigned" to the ELT School if s/he receives a paycheck at that school.

 

WHEREFORE, the Committee and the Association have caused this SIDE LETTER OF AGREEMENT to be executed by their duly-authorized representatives this 30th day of November, 2007.

 

________________________            __________________________

 

By its Agent    By its President

 

for the for the

 

Brockton School Committee  Brockton Education Association


MEMORANDUM OF AGREEMENT

BETWEEN THE

BROCKTON SCHOOL COMMITTEE

AND THE

BROCKTON EDUCATION ASSOCIATION

This MEMORANDUM OF AGREEMENT is entered into by and between the Brockton School Committee (hereinafter "the School Committee") and the Brockton Education Association (hereinafter "the BEA").

WHEREAS, the School Committee and the BEA had entered into a collective bargaining agreement for the period September 1, 2008, through and including August 31, 2011 (hereinafter "the Agreement"); and

WHEREAS, the budget for the Brockton Public Schools has a projected deficit of $9.7 million for the fiscal year 2011; and

WHEREAS, the School Committee and the BEA wish to work collaboratively to reduce the number of layoffs that may result from the projected budget deficit in school year 2010-2011; and

WHEREAS, duly authorized representatives of the School Committee and the BEA met to reconsider provisions of the third year (September 1,2010-August 31, 2011) of the current collective bargaining agreement (September 1, 2008 -August 31, 2011); and

WHEREAS, those duly authorized representatives have agreed to amend the Agreement and enter into a successor collective bargaining agreement (hereinafter "the Successor Agreement" or "the Contract") in accordance with Massachusetts General Laws, Chapter 150E;

NOW, THEREFORE, the Negotiating Subcommittee of the School Committee, acting subject to the ratification of this Successor Agreement by the School Committee to whom the Subcommittee agrees to recommend acceptance, and the Negotiating Team of the BEA, acting subject to the ratification of this Agreement by the membership of the BEA to whom the Negotiating Team agrees to recommend acceptance, hereby mutually agree to the following terms and conditions of settlement of a Collective Bargaining Agreement that will be in effect for the three (3) year period from September 1, 2010 to August 31, 2013.

1.                All terms and provisions of the predecessor Collective Bargaining Agreement that was effective from September 1, 2008 to August 31, 2011 shall, except to the extent modified by this Memorandum of Agreement, be carried over intact into the Successor Agreement which shall be effective for the three (3) year period from September 1, 2010 to August 31, 2013.

2.                All references to dates in the Successor Agreement shall be changed to reflect the term of the Successor Agreement unless otherwise provided for in this document.

3.                All economic modifications for the first year of the Successor Agreement will take effect as of September 1, 2010 unless some other date is specified in which event they shall take effect on the specified date. In the case of administrators and other bargaining unit personnel who are employed on a twelve (12) month basis, the economic modifications shall take effect as of July 1 of each year of the new Successor Agreement and the economic modifications that are scheduled to take effect as of the salary midpoints of the 2011 - 2012 and 2012 - 2013 contract years shall take effect as of January 1, 2012 and January 1, 2013, respectively.

4.                The basic economic settlement that has been agreed upon in these negotiations is set forth as follows:

A.        1st Year (2010-2011)

1.                 All salaries on the schedule and all off schedule positions shall be increased by three percent (3%) as of 9/1/10.

2.                 After the foregoing three percent (3%) increase has been applied to the schedule and off schedule positions, the following longevity plan shall be effective as of 9/1/10:

Years of Service                         Longevity Pay

12                                   $650    (no increase)

15                                  $1,950 (no increase)

20                                  $2,500 +1% of Master's Step 11

25                                  $3,300 +1% of Master's Step 11

30                                  $4,375 + 1% of Master's Step 11

It is further understood that the 1% of Master's Step 11 referenced above shall be increased in accordance with any future negotiated increase to Master's Step 11, including those increases that will take effect in accordance with the terms of this Agreement.

3.         The two percent (2%) Appendix A-4 salary increase that was scheduled to be implemented as of the 10-11 mid-point shall be deferred to 9/1/11.

B.        2nd Year (2011-2012)

1.                     All salaries on the schedule and all off schedule positions shall be increased by two percent (2%) effective 9/1/11.

2.                     All salaries on the schedule and all off schedule positions shall be increased by one and one-half percent (1.5%) as of the 11/12 salary mid-point.

C.        3rd Year (2012-2013)

1.                     All salaries on the schedule and all off schedule positions shall be increased by one-half percent (.5%) effective 9/1/12.

2.                     All salaries on the schedule and all off schedule positions shall be increased by one and one-half percent (1.5%) as of the 12/13 salary mid-point.

D.       The following percentage increases shall be applicable to all rates in Appendix B (Coaches Schedule) and Appendix C (Extracurricular Activities):

Effective September 1,2010                       5%

Effective September 1, 2011                      1.5%

Effective September 1, 2012                      2%

E.        All hourly rates for teachers and administrators shall be increased in accordance with the following schedule:

Effective September 1, 2010                      5%

Effective September 1, 2011                      1.5%

Effective September 1, 2012                      2%

5.         For the September 1, 2010 - August 31, 2011 contract year only, the following provisions of the Contract shall not be in effect:

Article XVII, Sick Leave, Section F (Low Sick Leave Utilization)

Article XVIII, Temporary Leaves of Absence, Section A3 (Professional Days)

Article XXXVI, Educational Conventions, Conferences and/or Meetings

The provisions set forth above shall be in full force and effect beginning September 1, 2011.

6.         Sick Leave (Article XVII, Section D)

Effective September 1, 2010, this provision shall be amended by adding a new last sentence to this Section which shall read as follows:

Payment for unused sick leave shall be made on or before July 15th of the fiscal year immediately following the effective date of retirement or death.

7.                The actual savings in the fiscal year 2011 budget that has been generated by these negotiations (currently believed to be approximately $1,739,755) shall be used to recall BEA members who were laid off pursuant to Article XLI (Reduction in Force) of the Contract.

8.                The following Housekeeping Agreements have been reached between the parties:

A.        Interim Agreements

Certain interim or other agreements that have been entered into by the parties during the term of the current contract (September 1, 2008 - August 31, 2011) shall be incorporated into the Successor Agreement provided that the parties agree to do so. A list of such agreements shall be developed by the duly-authorized representatives of the School Committee and the BEA as soon as possible after the execution of this Agreement and in any event before the new Contract is integrated and prepared.

B.      Red Circle Agreements

The Red Circle agreement from the previous Memorandum of Agreement is attached hereto as Appendix A.

C.      Voluntary Participation

The Voluntary Participation agreement from the previous Memorandum of Agreement is attached hereto as Appendix B.

APPENDIX A

It is further agreed that, throughout the term of the new contract, any Administrator who exercises his right to bump into a Unit B position pursuant to Article XLI will be red-circled at the salary level at which he was being paid at the time of his reduction provided that he has served in the administrative position from which he has been reduced for three years or longer. If any such reduced Administrator has not served in the administrative position from which he has been reduced as a result of a reduction in force but has previously served in a lesser compensated administrative position for three years or longer, he shall be red-circled at the salary level at which he would have been paid at the time of his reduction if he had still been serving in that lesser compensated position at that time; if any such Administrator has previously served for three years or longer in two or more lesser compensated administrative positions, his red-circled compensation shall be based upon the higher or highest of the lesser compensated positions.

Any reduced administrator who benefits in any year from any such red-circling that first becomes effective during the term of this Agreement shall work an additional number of days beyond the teacher's work year during such school year upon projects assigned by the Superintendent. The number of such additional days shall be determined by first computing the actual percentage value that the red-circle payment for any such year bears to the actual dollar value of the ratio for that year of the administrative position upon which the red circle salary has been based - i.e., either the administrative position from which the former Administrator was actually reduced or the administrative position upon which his red circle was computed, whichever the case may be. That percentage value shall then be applied to the total number of days in excess of the teacher's work year for the administrative position upon which the red-circle is based as set forth in Appendix D, rounded off to the nearest half day. For example, if the actual ratio value of a ten month-two week administrative position for that year is $2,000, the reduced Administrator would be required to work upon projects assigned by the Superintendent for four days beyond the Administrator's work year.

APPENDIX B

It is understood that participation by teachers on or in committees, cadres and/or innovations in teaching methods, while encouraged, is not required as are the "up to two staff meetings each month" that are referred to in Article V, Section C(2) except when such participation falls within the "two staff meetings each month" that are referred to therein or when such participation occurs on release time or in-service days.

Signed in the City of Brockton on this ________________-  day of June, 2010.

BROCKTON SCHOOL COMMITTEE            BROCKTON EDUCATION ASSOCIATION

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