Chelmsford

MEMORANDUM OF AGREEMENT

between the

CHELMSFORD SCHOOL COMMITTEE

and the

CHELMSFORD FEDERATION OF TEACHERS

LOCAL 3569, AMERICAN FEDERATION OF TEACHERS MASSACHUSETTS, AFL-CIO

TEACHERS/NURSES UNIT

JULY 1, 2006 -  JUNE 30, 2009

Extended by MOA to June 30, 2013

THIS AGREEMENT is effective July 1, 2006, by and between the CHELMSFORD

SCHOOL COMMITTEE (hereinafter referred to as the Committee) and the CHELMSFORD

FEDERATION OF TEACHERS, Local No. 3569, an affiliate of the American Federation of

Teachers Massachusetts, AFL-CIO (hereinafter referred to as the Union).

PREAMBLE

The School Committee of Chelmsford and the Chelmsford Federation of Teachers

recognize that their prime purpose is the development and operation of educational programs of the highest quality for the benefit of the students and the community of Chelmsford.  In order to fulfill this prime purpose, relationships must be established on the basis of the parties’

responsibilities to each other and on the concept of education as a public trust and as a professional calling.

Therefore, the parties agree as follows:

ARTICLE 1

RECOGNITION

1-01     The Committee recognizes the Union as the sole collective bargaining

representative for the following employees of the Chelmsford School Committee for the purpose of bargaining with respect to wages, hours, and other conditions of employment:

a.         All teachers including art, music, reading, learning disabilities, guidance counselors, school librarians, speech therapists, team and unit leaders, department heads, school psychologists, physical therapists, occupational therapists, and assistant occupational therapist;

                        b.          All nurses, including registered nurses, and licensed and practical nurses;

c.         All employees within federally funded programs;

d.         All coaches for salaries only.

Excluded specifically, however, are substitute teachers, and all other employees of the Chelmsford School System.

1-02     It is recognized that the Committee, the Superintendent, and the building principals have, and will continue to retain, whether exercised or not the sole rights and responsibility to direct the operation of the public schools of Chelmsford in all its aspects, consistent with the provisions of the Education Reform Act of 1993. The rights of the Principal include the right to hire teachers in his or her building, subject to the approval of the Superintendent. These rights and responsibilities shall not be exercised in a manner inconsistent with, or in violation of, any of the specific terms and provisions of this agreement. No action taken by the Committee with respect to such rights and responsibilities, other than as there are specific provisions herein elsewhere contained, shall be subject to the grievance and arbitration provisions of the Agreement.

1-03     No teacher or nurse with professional teacher status (“PTS”)  will be discharged, disciplined, reprimanded, or reduced in rank or compensation without just cause; just cause including, but not limited to, inefficiency, incapacity, conduct unbecoming an employee, or insubordination. A non-PTS teacher, after ninety (90) calendar days of continuous employment, 

and during his contract year, shall not be discharged, disciplined, reprimanded, or reduced in rank or compensation without just cause;  just cause including, but not limited to, inefficiency, incapacity, conduct unbecoming a teacher, or insubordination. Upon action by the Superintendent against an employee pursuant to Chapter 71, the employee may, within thirty (30) days following the final action by the Superintendent, pursue statutory arbitration, or, if an election of  “contract” arbitration is available under law, may, at his discretion within such time period, file for contract arbitration with the American Arbitration Association without complying with the other procedural provisions of the grievance procedure. If “contract” arbitration is elected, it will be conducted as set forth in the Contract. The election of the method of appeal by the employee shall be the exclusive method of resolving the dispute. In the event of any action against the employee by the Committee pursuant to the terms of this paragraph, but not pursuant to Chapter 71, the employee shall be required to file a grievance in accordance with the procedure set forth in the Contract.

1-04     The provisions of paragraph 1-03 are not intended to restrict the Superintendent's sole right to determine, to appoint or not to appoint to a term, a non-PTS teacher; and such appointment, renewal or reappointment, or appointment to PTS, of a non-PTS teacher, will not be subject to the grievance and arbitration provision of this Agreement. However, a non-PTS teacher receiving notice of intent not to renew his/her contract, shall have the right to a hearing before the School Committee at which time he/she may be represented by counsel of his/her choice; except if the reason for such non-reappointment is the abolition of his/her position, if requested within thirty (30) calendar days of receipt of the notice of intent.

            1-05     Reduction in Force: Decline in student enrollments, and/or economic cause, may necessitate a reduction in the number of positions occupied by employees in the bargaining unit. After the School Committee has decided to reduce a number of such positions for the reasons set forth in this paragraph, it shall, consistent with applicable laws, determine the order in which employee(s) shall be released in the following manner:

a.         A PTS employee shall not be released before a non-PTS employee if there is a position available which the PTS employee is qualified to fill. Termination of non-PTS employees is solely at the discretion of the Superintendent and not otherwise subject to the provisions of this paragraph, and is not subject to grievance and arbitration.

b.         For a PTS employee to be released for the reasons set forth in this paragraph, the school system must have reduced a position(s) within the following categories.

1.         elementary

2.         within a department at the secondary level

3.         within an area of specialization

and the employee(s) must occupy a position in such category in which the reductions are to occur. The Superintendent will retain the employee(s) in a category with a greater length of service in the Chelmsford School System unless an employee(s), within such category, with a shorter length of service has demonstrably unique skills.

            The Superintendent shall provide the Union with seniority lists, which shall be kept current. Seniority is defined as length of service in the appropriate bargaining unit from date of initial appointment. For employees within federally funded programs, seniority begins July 1, 1986 or thereafter, on date of hire. Employees hired new on the same day shall appear alphabetically on the seniority list.

c.         When the Superintendent has determined to retain a less senior employee as described above, and has not transferred or reassigned the more senior employee to another position or vacancy for which the employee is certified, and not demonstrably unqualified, the Superintendent shall notify the affected employee and the Union in writing. Only this more senior employee may, if dissatisfied with the Superintendent's decision, file a written grievance on the usual form with the Superintendent in accordance with Article 3, level two paragraph a, which will be processed in accordance with such referenced paragraph. If the grievant is dissatisfied with the Superintendent's disposition, at level 2, without compliance with level 3 of Article 3, and the Union grievance committee determines that the grievance may be submitted to arbitration, the Union, with consent of employee, shall submit the matter to arbitration or expedited arbitration within twenty (20) school days following receipt of written notice of an adverse decision by the Superintendent or within twenty (20) school days following receipt of written notice of an adverse decision by the Superintendent or within twenty (20) school days following the meeting with the Superintendent, whichever is sooner. Arbitration will be commenced by receipt by a written demand for arbitration to the American Arbitration Association in Boston and the School Committee within the time provided. The burden of showing by a fair preponderance of the evidence, the reasons for retaining the employee with a shorter length of service, for the reasons contained in this paragraph, shall be upon the Superintendent. The arbitration shall be conducted on the merits in accordance with the contract provided the procedures for filing as set forth in the contract and above are followed, and except that if expedited arbitration is elected the procedural rules of the American Arbitration Association for expedited arbitration shall govern.

                        d.         In the event an employee is released pursuant to this section, the school system, shall at the request of the employee(s) provide positive recommendations clearly indicating that the release in accordance with this section did not reflect unfavorably on the employee’s performance in the school system.

                         e.         Nothing herein, however, shall be construed to affect the power of the School Committee pursuant to this contract or applicable law to act towards employees for or otherwise especially concerning matters described in paragraph 1-03 and 1-04.

                        f.          Any employee(s) released as the result of action taken under this section shall be eligible for recall under the following conditions:

                        1.         The School Department shall maintain a complete list of all such employees.

                        2.         The employee’s name shall be maintained on the recall list until September 1, two (2) years next following the date the employee was voted to be released by the school system.

                        3.         Provided that the employee is still on the recall list in accordance

with the procedures set forth in the paragraph below, the most senior employee on the recall list who is certified to teach the subject where a vacancy occurs shall be appointed to that vacancy, unless the employer believes that such employee, notwithstanding certification, is demonstrably unqualified to be appointed to such vacancy. In that event the Superintendent shall not appoint such employee and shall be required to notify such employee and the Union in writing of this decision. In such event, the Union may file with the American Arbitration Association for expedited arbitration, with consent of employee, without recourse to the grievance procedure within 30 calendar days following the receipt by the Union of the copy of the notice. The burden of showing by a fair preponderance of the evidence the reasons for the Superintendent's failure to appoint the senior certified employee(s) from the recall list, shall be upon the Superintendent. The arbitration on the merits shall be conducted in accordance with this contract except as modified procedurally by the rules of the American Arbitration Association for expedited arbitration when elected. 

 4.        The notified person must respond in writing to include telegram, by mailgram or by proxy within fourteen (14) calendar days to the Superintendent, the said fourteen day period being calculated from the date of postmark on the letter of notification.

                                    5.         Any employee recalled shall, upon return to the school system, be entitled to all rights and benefits including but not limited to PTS, seniority, and sick leave accumulation that he/she held at the time of the layoff, and shall be placed on the salary schedule at the step to which the employee would otherwise be entitled.

            g.         An employee may be removed from the recall list for the following reasons:

            1.         Exhaustion of the two (2) year time period set forth above;

                                                2.         Failure to respond to two written notices of vacancy within the fourteen (14) day time period set forth above;

             3.        Two refusals of offered positions; or

            4.         at the employee’s request.

1-06 Parties to this Agreement will not discriminate against any employee because of race, creed, color, religion, nationality, domicile, sex, marital status, age, physical handicap, or membership or non-membership in the Union.

1-07 The Committee shall not limit by any action of the Committee or administrative staff, the rights of the employee to self-organization and concerted activity as set forth in Section 2 of General Laws Chapter 1 50E. The parties further agree that an employee shall have the right to refrain from any and all such activities without discrimination by either party. The religious or political activity of any employee, or the lack thereof, will not be grounds for any discipline or discrimination against such employee with respect to the professional employment of such employee.

ARTICLE 2

DURATION

2-01 This Agreement shall be effective July 1, 2006 and shall expire June 30, 2009. Negotiations for a successor agreement shall commence at the request of either party on or after October 1, 2008.

ARTICLE 3

GRIEVANCE PROCEDURE

3-01 A “grievance” is a complaint by an employee or a group of employees or the Union (CFT) which alleges a violation, misinterpretation, misunderstanding or misapplication of the terms of this Agreement by the School Committee or its agents.

3-02 Procedure

a.         Level One - Informal

An employee with a grievance will discuss it first with his/her Principal or immediate supervisor with the objective of settling the matter informally, within five (5) school days, Any matter which cannot be settled informally shall then be filed with the immediate supervisor or Principal on a form which is Exhibit A of this Contract, signed by the individual employee, group of employees or Union affected.

Within five (5) schools days after receipt of the grievance form, the Principal or immediate supervisor will meet with the employee to further discuss the grievance. The employee may have a representative from the Union or the American Federation of Teachers Massachusetts present if so desired.  The Principal or immediate supervisor may request that a member of the administrative staff be in attendance.

                         b. Level Two - Formal

1. If the aggrieved person is not satisfied with the disposition of the grievance at Level One, or if no decision has been received by the grievant within ten (10) school days after presentation of the grievance form to Principal or his immediate supervisor, the grievant or the Union Grievance Committee may file the grievance form with the Superintendent of Schools within ten (10) school days following the receipt of the adverse decision or the elapse of ten (10) school days from the date the grievance form was presented to the Principal and/or immediate supervisor whichever is sooner.  The Superintendent and/or his/her designee will meet with the grievant and/or the chairman of the Grievance Committee in an attempt to resolve the grievance within five (5) school days of the receipt of the grievance form by the Superintendent.  If the grievance is not resolved by the meeting, the Superintendent shall give his/her written answer to the grievant (copy to the Union Grievance Committee) within five (5) school days following the end of the meeting.

2. If the grievant is not satisfied with the resolution of the grievance by the Superintendent and/or his/her designee, or if no decision has been received by the grievant and/or the chairman of the Grievance Committee, the grievant and Union Grievance Committee may file a grievance form with the School Committee by serving it upon the Superintendent as its agent within ten (10) school days following the adverse decision by the Superintendent to the grievant or the presentation of the grievance at Level Two, to the Superintendent, whichever is sooner.

3.  All Level Two grievances must be filed separately on a form which is Exhibit A of this Contract signed by the individual employee or group of employees affected, or if a group grievance, by at least two (2) members of the class affected.

c.  Level Three

1. Within ten (10) school days after the receipt of the grievance form, the School Committee (or a part thereof) will discuss the grievance with the Union Grievance Committee (or a part thereof) and the grievant in an attempt to resolve the grievance. If the grievance is not resolved by the meeting, the Committee shall give its written answer to the grievant (copy to the Union Grievance Committee) within five (5) school days following the end of the meeting.

d.         Level Four

            1.  If the grievant is not satisfied with the disposition of the grievance at Level Three and the Union Grievance Committee determines that the grievance should be submitted to arbitration, then within twenty (20) school days following the notice of adverse decision to the grievant and/or within twenty (20) school days following the meeting with the School Committee, whichever is sooner, arbitration shall be commenced by receipt of a written demand for arbitration by the American Arbitration Association in Boston, MA and by the School Committee.

2.         The parties shall be bound by the rules of the American Arbitration

            Association for Labor Arbitration in the selection of an arbitrator.

3.         The arbitrator so selected will hold hearings promptly and will issue his/her decision not later than thirty (30) days from the date of the close of the hearings or, if oral hearings have been waived, then from the date the final statements and proofs are submitted to him/her. The arbitrator’s decision will be in writing and will set forth his/her findings of fact, reasoning and conclusions in the issues submitted. The arbitrator will be without power or authority to add to or subtract from the terms of the Contract.  The arbitrator will be without power or authority to make any decision or award violative of the case law or statutory laws of the Commonwealth, or which requires the commission of an act prohibited by law, or which violates any of the terms of this Agreement, or which matter has been excluded from the grievance and arbitration procedures of this Agreement.  The decision of the arbitrator will be submitted to the Committee and to the Union and will be final and binding, subject to review pursuant to the provisions of Chapter l5OC of the General Laws.

 4.  The costs for services of the arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses will be borne equally by the Committee and the Union.

3-03 Miscellaneous

            a.  If an employee has not filed a grievance under this Agreement on the grievance form with his/her Principal and/or his/her immediate supervisor, or if a group grievance or a grievance form has not been filed with the Superintendent within thirty (30) days after the employee or the group of employees knew or should have known of the act or conditions upon which the grievance is based, or if an institutional grievance has not been filed within thirty (30) days after the officers, agents or employees of the Union knew or should have known of the act or conditions upon which the grievance is based, or if the grievance is not filed with the Superintendent, the School Committee or the American Arbitration Association within the time limits set forth herein, except as is mutually agreed to in writing, then the grievance will be considered waived.  A dispute as to whether or not the grievance is waived will be a subject of the arbitration pursuant to Level Four.

b.  Grievances filed during the summer months of July and August may be extended by mutual agreement to September at which time the time limits specified herein will then apply to any such grievances. This would not include grievances filed in June whose final resolution may extend into July and/or August.

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

d.  Whenever a condition adversely affects employees in more than one building, a group grievance policy shall be in effect and the grievance procedure will commence at Level Two.

e.  No lawyers shall be present at Level One and Level Two.

ARTICLE 4

SALARIES

4-01 The salaries of all persons covered by the Agreement are set forth in Appendices which are attached hereto and made a part hereof.

Appendix A (1):  Increase salary schedule as set forth below:

    Year One: Effective July 1, 2006 increase each step on the wage schedule by one and one-half percent (1.5%.)

Year Two: Effective July 1, 2007, increase each step on the wage schedule by two and one-half percent (2.5%).  Effective the 91^st day of the school year, increase each step on the wage schedule by an additional one-half percent (0.5%).                                                                                      

Year Three: Effective July 1, 2008, increase each step on the wage schedule by two and one-half percent (2.5%).  Effective the 91^st day of the school year, increase each step on the wage schedule by an additional one-half percent (0.5%).

Appendices B-E: 

Increase the athletic and extracurricular appendices (B through E) as set forth:

Year 1                            Year 2                                       Year 3

   1.5%                               2.5/0.5%                                   2.5/0.5%

4-02  Employees will be paid in the following manner:

a.  Any annual salary or annual stipend or portion thereof described in Appendix A and B shall be paid to employees who are eligible in bi-weekly payments throughout the academic school year on a ten (10) month equal payment schedule or in bi-weekly payments throughout the calendar year beginning September 1, except as provided in paragraph “b” below.

 b.   If such employee requests of the Superintendent in writing on or before June 1, he/she may receive such monies as would normally be paid to him/her in the months of July and August, in accordance with paragraph “a” above, in one (1) payment to be received by the employee on or before June 30.

c.         Employees working for compensation during the summer months, as defined in Section 4-04 below, will be paid on the regular teacher pay day.

4-03 The salaries or annual stipends paid to employees as set forth in Appendix A and B are fully earned on June 30 for each school year commencing the previous September 1, and proportionally earned as the school year progresses; except that in the event of a death or total and permanent disability of an employee between the close of school and the end of the year on June 30, for which the employee has not yet received payment as set forth in paragraph 4-02 “a”

or “b,” such portion of the employee’s salary will have been deemed fully earned and payable on June 30.

4-04  Any program offered to employees by the Committee for compensation, except for extra-curricular activities, from the day following the designated last day of school until the first day of the following school year will be on a voluntary basis. Programs the Superintendent determines primarily beneficial to the school system, for example, teaching or developing materials, shall be compensated for at the daily rate of thirty dollars ($30.00) per hour.

Programs the Superintendent determines primarily beneficial to the professional development of the teacher, for example, receiving instruction or information, shall be compensated at a rate to be determined by the Committee.

Opportunities to participate and the rate of pay shall be posted. Participants will be selected from the applicants.

4-05 Any program offered by the Committee to employees for compensation, except for extra-curricular activities, from the first day of the new school year to the last designated day of that same school year on other than school days, will be on a voluntary basis.  Programs the Superintendent determines primarily beneficial to the school system, for example, teaching or developing materials, shall be compensated for at the daily rate of 1/182nd of the participating employee’s basic salary as set forth in Appendix A, or any proportion thereof, based on the actual hours the employee participates.

Programs the Superintendent determines primarily beneficial to the professional development of the employee, for example, receiving instruction or information, shall be compensated for at a rate to be determined by the Committee.  Opportunities to participate and the rate of pay shall be posted. Participants will be selected from the applicants.

4-06 The maximum work day for employees working under provisions of paragraph

4-04 or 4-05 shall be seven (7) hours.

4-07 For any scheduled work day in which an employee does not work during the school year from September 1 through June 30, and which failure to work is not covered by a paid leave provision of this Agreement, 1/182nd of the employee’s annual basic salary as set forth in Appendix A will be deducted from his/her annual salary.  For any scheduled work day or part thereof which an employee does not work pursuant to paragraph 4-04 and/or 4-05, one (1) day’s pay as defined therein shall be deducted from the employee’s pay.

4-08 Increments are granted in the following manner:

a. Increments are granted in September and are based on satisfactory service.

                         b. In order to advance to the maximum step, in addition to satisfactory service, an employee shall have within the three (3) year period prior to advancing to maximum:

1. made a continuing effort to broaden his/her knowledge in his/her

                                     subject area;

2. made a continuing effort to keep abreast of developments in

educational methods;

3. followed any reasonable suggestions for professional improvement

made by his/her Principal.

4-09  Chapter 766, Core Evaluations  The Committee agrees to compensate an employee at the rate set forth in Appendix B to a maximum of two (2) hours K-8 and three (3) hours 9-12, in addition to their annual compensation, together with mileage at the rate set forth in

paragraph 10-05, for each home visitation performed after school hours by the employee as part of a core evaluation.

Except under unusual circumstances, a notice of one (1) week will be given to each employee prior to any meeting the employee is required to attend as part of the implementation of a 766 program.  Such meetings will normally be held during the school day. If such a meeting is held after the school day, the time spent by the employee at such a meeting will be considered to be part of the mandatory sixteen (16) hours required of the employees without additional compensation pursuant to paragraphs 5-11. If any employee is required to spend time at such meetings after the school day in excess of the sixteen (16) mandatory hours, such employee shall be compensated for such time at the rate set forth in Appendix B.  When Special Needs Teachers (learning disability/reading, resource teachers and speech therapists) and nurses are required to attend such meetings during the normal school day, the classes/duties of such employees will be scheduled in such a manner or provided with an adequate substitute so as to minimize the disruption of the learning process of students.

4-10  Early Retirement Incentive – Any individual newly employed by the Chelmsford Public Schools after June 30, 2008 shall be ineligible for the early retirement incentive benefit set forth in this section.  An eligible employee covered by the collective bargaining agreement between the parties may apply for and receive certain benefits for early retirement under the following terms, conditions, and limitations:

a. Eligible Employees: A person eligible for non-disability voluntary retirement under the Massachusetts laws governing school employees’ retirement who in addition:

1. has worked for at least ten (10) continuous years prior to his/her application as an employee in any capacity in the Chelmsford School System; and

2. will be at least fifty-five (55) years of age on the date of his/her retirement.

b. Benefit: Twenty-five percent (25%) of the salary of the applicant as it appears in Appendix A of the collective bargaining agreement between the parties on the date of application.

c.  Option: The employee who elects to receive the benefits hereunder shall not be eligible for benefits under Paragraph 16-03 of the collective bargaining agreement and an employee who elects to receive benefits under said Paragraph 16-03 shall not be eligible to receive benefits hereunder.

d.  Application, revocation of application and extension of retirement date

1. To be granted benefits hereunder, an eligible employee must apply in writing for such benefits not later than January 1 of the school year in which the employee desires to retire.

2. An application for early retirement incentive may be revoked in writing prior to March 15 following application.  Thereafter, a revocation request may be granted by the Superintendent only for extreme hardship.

3.  An employee who wishes to extend his retirement date beyond the end of the school year into the following school year shall not be eligible for special assignment but shall be eligible to be placed on unpaid leave of absence until such mutually extended date.

            e.  Payment: Payment of benefits shall be made if the applicant in fact retires and the money shall be paid on or before the last date the Committee may lawfully  make such payment. The date of payment, within legal limitations, is at the option of the employee.

            f.  Waiver: The Committee may, at its sole discretion waive any limitations set forth herein for any applicant, but in such event, such waiver shall not be a precedent for any other applicant or for the Union, and the exercise of such discretion shall not be subject to grievance or arbitration by any person or the Union.

g.  Arbitration: The provisions of this Agreement are subject to grievance and arbitration under the same terms and limitations as the collective bargaining agreement now in effect between the parties except as set forth herein.

4-11 Waiver of Tuition

a.   Each employee who has completed two (2) years of service in the Chelmsford School System is allowed a fifty (50%) waiver of tuition for his or her children attending the Chelmsford Schools and/or any extended day child/infant care programs maintained by the Chelmsford Public Schools.  

b.  Any user fees related to extra-curricular activity, intramurals, clubs, etc., will be paid by the employee, if any of his or her children elect to participate.

ARTICLE 5

TEACHER/NURSE DAY, YEAR, LOAD

5-01  The work year of employees will begin no earlier than September 1 and will terminate no later than June 30 except for employees who did not work the previous year in Chelmsford and who may be required to attend one (1) additional day of orientation which may occur in the week prior to September 1. 

5-02   The employees’ work year shall be 182.5 days between September 1 and June 30, including one day immediately preceding and one half day immediately following the 180-day pupil year, plus one day which will be calendared during October or November for the purpose of professional development.

The half-day (up to a maximum of 3.5 hours) scheduled at the end of the pupil year  shall be used by teachers on a self-directed basis to complete their end-of-year tasks.  When the School Department contemplates extraordinary circumstances which may require such day or half-day to be scheduled at the beginning of the school year (as, for example, the opening of a new school), the School Department may initiate discussions with the Union no later than the preceding Spring to arrange a mutually cooperative rescheduling of such day or half-day.

On the day which is calendared for professional development, pupils will not be in attendance and teacher attendance shall be mandatory.

Newly hired employees may be required to attend one (1) additional unpaid orientation day which may be during the week prior to September 1.  Any employee who is required to attend additional school days, with or without the presence of students, will be compensated at 1/182nd of that annual salary and annual stipend (if applicable) for each such additional day. Additional days will not be scheduled during vacation periods or on holidays.  The calendar as established and used during a school year will contain no more than 180 scheduled days for student attendance plus five (5) days which may be scheduled and used for student attendance if school is closed because of emergencies, except that additional days may be scheduled at the end of the school year and used if needed to meet the Commonwealth’s minimum requirements for days/hours of students’ attendance at school.

5-03  The Union will be involved in the planning and preparation of those days employees are required to work in excess of 180 days.

5-04  No school shall be scheduled on the following holidays: Labor Day, Columbus Day, Veteran’s Day, 1/2 day the Wednesday before Thanksgiving, Thanksgiving Day, Friday after Thanksgiving, Christmas Day, Martin Luther King Day, Washington’s Birthday, Good Friday, Patriot’s Day, Memorial Day, one (1) day on December 24 if December 24th is a school day.

5-05 Christmas vacation will be observed as follows:

                                                      First Day of                Last Day of

                                          Year       Vacation                    Vacation

                                  2006-2007   Dec. 23, 2006        January 1, 2007

                                  2007-2008  Dec. 22, 2007         January 1, 2008

                                  2008-2009   Dec. 24, 2008        January 2, 2009

5-06 The four (4) days following Washington’s Birthday will be a vacation.

5-07 The four (4) days following Patriot’s day will be a vacation.

5-08 The starting and dismissal time of pupils will be established by the Committee.

The normal work day of teachers including times set forth in paragraphs 5-09, 5-10 and 5-15 but excluding times set forth in paragraphs 5-11, 5-13, and 5-14 shall be a maximum of seven (7) hours; however, any change in a teacher’s present schedule resulting from the implementation of this paragraph in excess of five (5) minutes, shall require prior notice and consultation with the Union.

5-09 Employees may not be required to report more than fifteen (15) minutes prior to the starting time for pupils in a particular school to which the employee is assigned.

5-10 Except as provided in this paragraph and paragraph 5-11, 5-13, and 5-14, high school employees may not be required to remain more than thirteen (13) minutes after their

normally scheduled dismissal time established pursuant to paragraph 5-08, and other employees may not be required to remain more than fifteen (15) minutes after their normally scheduled dismissal time established pursuant to paragraph 5-08, Teachers will not be required to remain more often or for longer periods of make-up or extra help sessions than is the current practice.

5-11 It is recognized that it is essential to the educational system that employees participate in staff meetings and conferences.  It is agreed that such meetings and conferences should be on a voluntary basis where possible. Any such meeting or conference held before the school day commences for employee shall be on a voluntary basis.

After the first five (5) days of school, employees may not be required to attend more than one (1) meeting as described in the above paragraph per week.  In one year, employees will not be required to attend more than sixteen (16) hours of such meetings.

5-12 Whenever possible, employees will be notified forty-eight (48) hours in advance of the meetings and will be given an agenda for the meeting. Attendance may be required at such meetings only when requested by administrative personnel.

5-13 Individual conferences between administrators and employees shall not be included in the sixteen (16) hour limitation as described in 5-11 or the meetings described in 4-09.

            5-14  The following provisions will govern parent conferences and report cards at the elementary level.  Compared to procedures and practices in effect prior to September, 1999, the number of conferences and report cards remains the same for teachers in kindergarten and grade 1;  and teachers in grades 2-4 have one less report card to mark.

Generally, teachers will conduct parent conferences with each pupil’s parents who desire such a conference either before the normal pupil arrival time or after the normal pupil departure time. Any evening conference will be held at the teacher’s discretion.

Kindergarten

Kindergarten teachers will conduct one parent conference and provide two progress reports, one for each of two marking periods. Parent conferences may occur any time between November 15 and February 16.

The first marking period does not end for kindergarten until the last day of school in

December.  Since kindergarten teachers prefer to conference with parents at the time that they give out the first report card, kindergarten teachers will be conducting parent conferences for most of their students between the last two weeks of January and the first week of February.  One full day of substitute coverage to conduct parent conferences is given to full-time kindergarten teachers in recognition that they have twice as many students as all other elementary teachers.

Grades 1-4

Teachers of Grades 1-4 will conduct one parent conference and provide three progress reports, one for each of three marking periods.  Parent conferences may occur any time between November 15 and January 15.

5-15   Every employee will receive a duty-free lunch period equivalent to the student lunch period.  At the elementary level and middle school grade five and six levels, this will include lunch recess. Effective July 1, 2007, all grade five and six teachers will receive a duty-free lunch period of 40 minutes.  All other middle school bargaining unit employees will receive a duty-free lunch period of 30 minutes.  Employees will not be required to perform supervisory duties during these periods.

5-16 The school day for elementary pupils shall be six hours and eighteen minutes with a twenty-two minute lunch and two recess periods totaling thirty-five minutes per day.  The

school day for middle school pupils shall be six hours and twenty minutes.  Effective July 1, 2007, this will include a forty-minute lunch for students in grades five and six, inclusive of a recess period of fifteen minutes.  The school day for high school students shall be six hours and thirty-two minutes with a twenty-two minute lunch period.

5-17 Elementary and middle school grade five and grade six teachers shall have release time for preparation when a specialist or other professional employee is in the classroom or specialist’s areas conducting the educational program, except when the classroom teacher deems it educationally appropriate to remain with the students.

Effective with the 1996-97 school year, the Committee will provide one additional elementary preparation period per week.  Every effort shall be made to avoid scheduling more than one such period per day.

5-18  The Committee recognizes the importance of class size and shall make reasonable efforts towards limiting size so that the maximum development of the student and the maximum effectiveness of the teacher will result.

5-19  All High School and Middle School bargaining unit employees shall have at least one preparation period per day.  At the senior high school level, the preparation period shall be one period or two (2) consecutive mods. Nurses shall receive a daily uninterrupted period of one-half (1/2) hour for necessary planning and paperwork. Nurses will be called to work during this time in emergency cases only.

5-20  High School teachers and Middle School teachers of core subjects (English/Language Arts, Math, Science, Social Studies and Foreign Language) will not be required to teach more than two (2) subjects nor more than a total of three (3) teaching preparations within said subjects at any one time. A preparation shall be understood to mean a year-long course, or in the case of the high school, a semester course, or a different level of the same course in instances where course levels are designated.  This language shall not limit the right of the school district to create time periods within the school week for student enrichment or tutoring and to assign faculty to such assignments that are relevant to their primary subject area so long as these assignments fall within the teachers’s required amount of teaching time.  Exceptions to this provision may be made by mutual agreement and only when necessary to do so in the best interests of the education system.

5-21 Employees will not be required to use lunch time, prep time, or teaching time in order to travel between buildings.

5-22 The Union will appoint one (1) designee per year who will be relieved from classroom duties up to three (3) hours per week to attend to Union business.  Designee’s name shall be forwarded to the Superintendent’s Office on or before May 15.   Departure from designee’s assigned building shall require prior approval of designee’s principal; such permission not to be unreasonably withheld.  Designee must obtain permission from the principal of the building entered for the purpose of conducting Union business; such permission not to be unreasonably withheld.  Such business shall be conducted without interruption of the teaching-learning process.

            5-23  Department heads will not be required to teach more than three (3) classes a day, If a department head supervises teachers in more than two buildings, the department head will not be required to teach more than two (2) classes per day.  The Activities Director will not be required to teach more than four (4) classes a day.

5-24  Department Heads, Program Facilitators, and the Activities Director will be paid on a per diem basis when their presence is required beyond time covered by the Contract (June 30-September 1) for duties such as interviewing prospective teachers, reconsideration of bids, opening and closing school.

5-25 Department Heads, Program Facilitators, and the Activities Director may be required to work up to five (5) days before the first day of school and up to five (5) days after the last day required of the classroom teachers. Guidance counselors at the high school level will work four (4) days in addition to the regular work year for teachers either before the first day of school or after the last day of school for classroom teachers.  The high school principal shall have the discretion to approve in advance which additional days the guidance counselors will work in a  particular year based on the needs of the department and the building.   They will be paid on a per diem basis for the days worked. 

5-26  Improved communications concerning budgetary matters will be effected.

a.         Department Heads, Program Facilitators, the Administrative Nurse, and

the Activities Director will be notified of the dates that budgets are due in the Superintendent’s Office.

b.         Five (5) weeks lead time will be provided to prepare these budgets, such time will not conflict with the opening and closing of school.

c.         After the school budget has been approved by the voters of the Town and within five weeks time, Department Heads, Program Facilitators, the Administrative Nurse, and the Activities Director will be given in writing, by their principal, the total breakdown of their budgets for the coming year.

d.         Department Heads, Program Facilitators, the Administrative Nurse, and the Activities Director will be informed monthly by their principals about money encumbered for their department.

5-27     Department Heads, Program Facilitators, the Administrative Nurse, and the Activities Director will be directly involved in planning class and employees’ schedules, however, changes may be required later than the last employees’ workday.  In such cases involvement would be desirable but not mandatory.

5-28     The School Psychologist(s) shall not be required to work more than seven (7) hours per day including lunch period in accordance with a schedule determined by his/her immediate supervisor, after consultation with the School Psychologist(s). The School Psychologist’s(s’) work year shall be one hundred eighty-two (182) days.  Any additional work days scheduled will be in accordance with section 5-25 of this article.

5-29     All nurses will be allowed a work break of at least fifteen (15) minutes per day away from the work area exclusive of lunch/recess and planning periods.

5-30     A nurse will be granted paid leave days to attend the Nurses’ Convention. This employee shall be chosen by the Union.

5-31     Once an IPSP-Regular Ed, has been assigned to a team of teachers, the team shall determine the utilization of the IPSP-Regular Ed, consistent with the programmatic guidelines set by the building principal. The IPSP-Regular Ed. may serve as a substitute for an absent teacher who is a member of such team or may be reassigned outside of such team to serve as a substitute teacher but only if the employer is otherwise unable to hire a substitute teacher after having made every reasonable effort to do so.

ARTICLE 6

SCHOOL CALENDAR

6-01     The opening day for staff will be the following listed dates:

                                                          2006-2007 September 5th

                                                          2007-2008  September 4th

                                                          2008-2009  September 2nd

The Union will be consulted in all other aspects of the annual school calendar.   The final decision will be made by the Committee and will not be subject to the grievance and arbitration provisions of this agreement.

ARTICLE 7

SPECIALISTS AND SPECIAL PROGRAMS

7-01     The School Committee and the Union recognize that classroom teachers may require the assistance of certain specialists in order to discharge their assigned duties effectively. Accordingly, the following conditions will prevail:

a.         Classroom teachers, who are in need in assistance from specialists, because of psychological or emotional factors, or hearing or vision defects

which render pupils unable to learn or behave normally in the regular classroom situation, will receive such assistance from properly qualified personnel.

b.         Classroom teachers who are in need of assistance from specialists in remedial reading in order to bring pupils up to the classroom level or from specialists in speech therapy will receive such assistance from properly qualified personnel.

c.         Classroom teachers will receive assistance from specialists and demonstrations and supervision from supervisors in art, music and physical education in order to assure that their pupils receive qualified and competent instruction in such areas. The parties agree that the intent of this paragraph is that nothing contained therein nor the contents should be construed in such a manner as to increase the obligations of elementary classroom teachers as provided for in paragraph 5-l7.

7-02  Nothing contained in paragraph 7-01 should be construed in such a manner as to be contrary to the regulations promulgated by the Massachusetts Department of Education and the laws of the Commonwealth of Massachusetts in regard to Chapter 766 “special needs” legislation and regulations.

ARTICLE 8

NON-TEACHING DUTIES

8-01 The School Committee and the Union agree that supervision by teachers in a non~ classroom setting is an educationally desirable goal. However, the parties agree that the School Committee shall direct the administration to make reasonable efforts to minimize that role for teachers in the following settings:

a.         lunchroom

b.         playground

c.         corridor

d.         lavatory

8-02  The parties agree that it is educationally desirable to maximize the time spent in the classroom by teachers for instructional purposes, and therefore, the parties agree that the School Committee shall direct the administration to make reasonable efforts to minimize the following non-instructional clerical activities to be performed by teachers:

a.  recordkeeping (i.e. class picture, milk money, insurance, book clubs, phone slips, federal aid slips, and lunch money);

b. census cards;

c.  delivery of textbooks, supplies and art materials except for distribution of the same within the teacher’s classroom.

8-03 The parties recognize the need for teacher deployment on a casual, irregular, or emergency basis for functions enumerated earlier in this Article in which teacher involvement is ordinarily to be minimized. Should a grievance be filed based upon an allegation of the School Committee’s lack of reasonable effort or diligence to minimize the role of teachers in the foregoing categories, the arbitrator is empowered to consider, by way of example and not by way of limitation, such items as the prior practice of the parties, the frequency with which the teacher(s) has been required to perform the duties which should have been minimized for her/him/them, the availability of non-teaching personnel to perform the duties for which teacher involvement should have been minimized, and the goodwill of the parties to comply with the terms of the contract language.

     8-04            Teachers will not be required to:

            a.         prepare registers, except they will be required to prepare daily attendance

                        cards from which registers are prepared;

            b.         maintain lockers;

            c.         prepare bus lists;

d.      except for audio-visual personnel, to physically deliver heavy audio-visual equipment to the classroom.

ARTICLE 9

EMPLOYMENT OF TEACHERS AND NURSES

9-01     a. Teachers who begin employment upon the date of ratification of this contract shall be placed on the salary schedule at the discretion of the superintendent.

b.         LPN’s

Newly hired LPNs will be placed at Step 1 of the new LPN salary grid listed in Appendix A.  The LPN salary grid is calculated at 75% of the corresponding step of the teacher/nurse salary grid, and is capped at Step 6.  Effective July 1, 2007, a seventh (7^th) step shall be added to the Licensed Practical Nurse (LPN) Salary Schedule, which step shall reflect the same average percentage increase as exists as of July 1, 2007 between the other steps.

9-02     Employees with previous experience in the Chelmsford School System will, upon returning to the system, receive credit for outside experience as evaluated by the Superintendent and Peace Corps experience not to exceed two (2) years. Employees who have been engaged in teaching or nursing 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.

9-03     Nothing contained herein shall be construed to prevent the placement of any employee on a higher salary level if, in the judgment of the Committee, it is in the best interests of the Chelmsford Public Schools.

9-04     If a new employee is hired at a salary above the salary prescribed by the Salary Schedule for employees in the same grade or department within each building in the school district, that salary difference of the employee new to Chelmsford shall be added to the annual salary of all other employees having equal education and experience, and who qualify for the same position.  A written review of all hiring and placement decisions will be provided to the President of the Chelmsford Federation of Teachers at the completion of each hiring period.

9-05     Any employee who qualifies for a position as described in Article 9-04, but prefers to stay in his/her present position is not entitled to compensation under 9-04 if he/she rejects the offer of this new position.

9-06     Ninety (90) or more days worked within a school shall constitute one (1) year of service for the purpose of granting an increment for all employees.

9-07     On October 1st each returning teacher and nurse will be given written notification of his/her salary, a copy of the current pay scale and the employee’s placement on the appropriate track and step.

9-08     Overpayment and Underpayment

a.         If the school department discovers an overpayment in an employee’s salary, the employee will be notified in writing by the Business Manager at the employee’s home address by registered mail as soon as practical after the overpayment is discovered.  The Business Manager and employee will mutually agree to a repayment schedule.

If the school department discovers an underpayment in the employee’s salary, the employee will be notified in writing by the Business Manager at the employee’s home address by registered mail as soon as practical after the underpayment is discovered. The Business Manager will facilitate payment for the next scheduled payment period.

ARTICLE 10

TRANSFERS

10-01      The Union and the School Committee agree to support the mission of the Chelmsford Public Schools through the establishment of an efficient and effective teacher transfer process to be used when a vacancy exists, upon the development of a new position,  or during a reorganization.

10-02   In order to clarify the status of employees, the following definitions will apply:

a.  Assignment - An assignment is defined as the position held by an employee in a particular grade, subject area and school building.

b.        Designated - Employees are "designated" when there is a decrease in the number of classes of a particular grade and/or subject area.  In each school and in each grade and/or subject area where the number of classes is to be reduced, the least senior employee currently in that grade or subject area in that school is designated for reassignment. 

c.        Reassignment - A reassignment is defined for the purpose of this section as a change in building, grade or subject area.  Notwithstanding Section (b), a more senior employee in the grade and/or subject area when the number of classes is to be reduced may self-designate in lieu of the least senior employee who otherwise would have been designated.

d.   Leave Designation/Voluntary Transfer - An employee returning from an approved career, maternity or education leave who has notified the superintendent by March 1 of his/her intent to work shall be deemed a designated employee and an applicant for voluntary transfer.

e.       Involuntary transfer - An involuntary transfer is defined as a transfer to another building grade or subject area which has not been requested by an employee and which is made by the Superintendent after August 15. The Superintendent will make every effort to avoid the involuntary transfer of a person who was selected to fill a vacancy resulting from the just-completed transfer process.  The Superintendent will provide an involuntarily transferred employee with written notice of the reasons for the involuntary transfer within ten (10) days after receipt of a request for such notice from such employee.  Any employee who is involuntarily transferred may self-designate during the next transfer period only.  If the position from which such employee was involuntarily transferred is restored during the first year of service as an involuntarily transferee, such employee shall have the right to return to his/her original position as of the beginning of the next school year.

f.       Transferee – A transferee is the individual selected for transfer to a specific position.

10-03       The following procedures will govern the filling of vacancies by designated employees and voluntary transfer applicants.

a.          Superintendent General Meeting – During the first week in March the superintendent of schools will meet with all bargaining unit members to report on reorganization plans, grade realignments, staff development issues and any other potential changes anticipated in the coming school year.

b.         Postings – During the second and third weeks of March there will be postings of all system wide positions that are effected by reorganization, grade realignment, and newly created positions approved in the budget.  Postings will include a job description and specific requirements applicable to any position beyond the generic job description, including curriculum requirements, specific tasks and teaming where appropriate and other details as may be recommended to the Labor Management Committee.  It will also include duties of the position, minimum qualifications and salary range.  Employees to be designated will be notified immediately prior to the superintendent’s general meeting (a).  Postings prior to June 1^st will be for ten (10) school days.  Following June 1^st postings will be expedited and posted for five (5) business days.

c.          Building Meetings –During the posting period all building principals will meet with bargaining unit members to review building philosophies, goals and the unique requirements of positions identified for posting.

d.         Applications – Employees will apply for the posted positions on the transfer form provided by the Superintendent's Office.  The transfer request form will contain the building, grade and/or subject to which the employee requests the transfer.  In addition, the criteria for teacher selection shall be enumerated on the transfer form so that the applicant may address each of said criteria in his/her request.  All application forms will be sent to the Personnel Office.  The Personnel Office will distribute copies of applications to appropriate principals and to the CFT President or his/her designee.

 e.  Individual Meetings with Principals – Prior to the deadline for applications, each building principal will meet with each employee in his/her building who has applied for a transfer to another position.  The principal and the employee will discuss the reason for the transfer request and the employee's professional goals.

f.     Criteria for Selection - The criteria for the selection of a final transferee include:

      1.   an employee's area of certification and his/her experience and training in the area of certification;

      2.   the skills and talents required by the position;

      3.   an applicant's professional growth plan;

      4.   an employee's motivation for a new assignment;

      5.   academic and professional preparation beyond certification;

      6.   length of service in the Chelmsford Public Schools.

g.            Selection - Upon completion of all required meetings, building principals, subject to the approval of the superintendent of schools, shall finalize the selection of all transferees and notify all applicants involved in the process.

h.            Designated Status – Designated teachers (including involuntary transfer applicants) shall receive first priority during the selection process and shall be guaranteed employment. If a position from which a teacher has been designated is recreated prior to the beginning of the next school year, such designated teacher shall have the right to return to the original position.

i.              Notification/Unsuccessful Applicants – All applicants will be notified in writing by the Personnel Office of the selection of transferees for all positions.  Unsuccessful applicants are invited to schedule a meeting with the superintendent of schools, if desired, to receive feedback regarding the selection process. The purpose of the meeting is to receive personalized feedback regarding the extent to which they met or did not meet transfer criteria. 

j.              Notification/Successful Applicants – All teachers selected for a transfer (transferees) are required to meet with the building principal associated with their new position.  The purpose of such meeting is to discuss transfer activities, e.g. the timeline for an actual transfer, orientation to the new position, and expectations for performance.  

k.            Outside Applicants – Following the selection of applicants for vacancies, as set forth in subsection (g) the school department may hire outside applicants.

l.              Subsequent Vacancies – Internal candidates will be considered for all vacancies that arise following the transfer process described above.  Applications should include a letter of interest and a resume.  Applications should be filed with the personnel Office.

ARTICLE 11

ASSIGNMENTS

11-01 The Union and the School Committee agree to support the mission of the Chelmsford Public Schools through the establishment of an efficient and effective teacher transfer process to be used when a vacancy exists, a new position is developed or during a reorganization.

11-02 The following rules will govern the special circumstances due to a reorganization, now or in the future. When a grade is to be moved from one building to another (as, for example, the fifth, seventh or eighth grade) teachers in such grades may volunteer to be transferred in teams to such other building or may volunteer to be transferred as individuals to such other building.  If further teachers are needed to be transferred out of the building pursuant to such reorganization, they shall be selected under the designation rules.  Any such teacher who does not volunteer to move with such grade may apply for posted positions as a designated employee.

11-03   Employees will be notified in writing of their programs for the coming year, including any special or unusual classes and/or Regular Education Initiative Programs in which they will be participating.  This will be done as soon as practicable and under normal circumstances not later than August 15. The Superintendent shall furnish regular classroom teachers with all previously finalized individual education plans for special education students normally before the end of the teacher work year and in no event later than August 15.  Building principals and the Special Education Director will encourage consultation between the Special Education staff and the regular classroom teacher in order to foster a cooperative spirit in the assignment of special education students to regular classrooms.

11-04   In arranging schedules for employees who are assigned to more than one  school, an effort will be made to limit the amount of interschool travel.  However, such employees shall receive the current rate accepted by the Internal Revenue Service for mileage reimbursement for such travel.  Employees shall be paid travel money due on a monthly basis upon approval of the required vouchers by the school administration.

11-05   All employees, who have voluntarily assumed part-time positions, may not return to full-time status unless a full-time vacancy is available.  If an additional part-time vacancy becomes available, the part-time employee may apply to increase his/her teaching or nursing time by the amount posted until reaching full-time status.

11-06   An employee who is serving in a part-time status during the first two years after having been laid off as a full-time employee may opt to apply for a full-time vacancy.

11-07 The teacher assigned to the position of Team Leader may be a teacher recommended by the team concerned, but in no case is the recommended teacher to be one who has not applied for the posted position. 

11-08     Other Professional Vacancies:

a. All professional positions in the Chelmsford Public Schools that the employer decides to fill will be posted for ten (10) calendar days.  For the purpose of this section and for the purpose of defining a calendar day for posting positions, "calendar days" do not include school holidays and vacations during the school year.

b.  Notice of openings will contain a job description and specific requirements applicable to any position beyond the generic job description, including curriculum requirements, specific tasks and teaming where appropriate.  It will also include duties of the position, minimum qualifications and salary range.

            c.     Vacancies arising during the summer when school is not in session will be publicized via electronic medium (CPA website) and by written notice mailed to the Chelmsford Federation of Teachers’ President.  Written notice will also be mailed to all bargaining unit members so requesting who have supplied self-addressed, stamped envelopes and a summer address for that purpose to the Superintendent of Schools.

11-09      Nothing in this Agreement shall prevent the Superintendent from making acting appointments until positions can be filled with permanent appointments as provided in this Agreement.  Time spent in acting appointments shall not be used as indication of superior qualifications for the positions.

11-10      All openings for summer school, summer workshops, evening school participants, time and score keepers, and for positions under federal programs will be adequately publicized by the Superintendent by means of a notice placed on appropriate bulletin board in every school as far in advance of the date for appointment as possible.

11-11      In the event a bargaining unit member who applies for a promotion to a bargaining unit position (e.g. department head) is not selected and such position is filled by a new hire, the denial of the application of the Chelmsford employee will be subject to the grievance and arbitration procedure to the extent that the actions of the Superintendent can be shown to be arbitrary and capricious.

11-12      In the event a newly hired employee resigns prior to assuming his/her duties, an alternate applicant may be recommended for hire without reposting the position as vacant.

ARTICLE 12

UNIVERSAL PRECAUTIONS/HEALTH ISSUES

12-01   All employees who are, or will be employed, in the Chelmsford School system will be properly instructed in the use of Universal Precautions. Staff will be provided with the equipment necessary to maintain such precautions. Training will be updated yearly or as new procedures arise.

12-02   The School Department will provide Hepatitis B vaccine (3-shot series) to nurses and trainers, at its expense. It is the intention of the Committee to provide such vaccine to other school department personnel who are recommended for such vaccine under public health standards for selecting public employees to be vaccinated, as set by the Commonwealth through its Department of Public Health or by the Town of Chelmsford through its Health Department.

ARTICLE 13

EMPLOYEE OBSERVATION, EVALUATION AND PERSONNEL FILES

13-01   Open Process

All monitoring or observation of work performance of an employee will be conducted openly and with full knowledge of the employee.

The employee will be given a copy of any written observation or written composite evaluation report prepared by a supervisor and will have the right to discuss and to respond to such observation or composite evaluation in writing within fifteen (15) calendar days of receipt.

The employee’s response shall be attached to the observation or evaluation and shall be maintained in his/her personnel file in the Superintendent’s Office.

Department Heads and Curriculum Specialists shall not be required to write composite evaluation reports for bargaining unit employees, but may be required to observe classroom performance as directed and to transmit the results of their observations orally to the teacher and building administrator.  In the event that the Administration directs a Department Head to observe classroom performance, written documentation is restricted to subject matter competence only. Copies of such documentation shall be provided to the employee.

13-02

a.  At least one quarter (1/4) of the PTS staff and one quarter (1/4) of the nurses in each building or secondary house shall be evaluated annually according to the guidelines of Year I of the Evaluation Cycle. One quarter (1/4) of the remaining Professional Teacher Status (“PTS”), staff and nurses shall participate in professional development for each year of Years 2, 3 and 4 of the Evaluation Cycle.

b.  When an employee receives a composite evaluation during a Year I Comprehensive Evaluation, the employee shall receive at least two (2) written observation reports in the same school year, the first of which shall have been received by the employee on or before December 31 of the evaluation year. Any employee who is to receive a composite evaluation in any school year shall be so notified in writing by December 31 of that school year.

c.  The target date for completion of the intensive evaluation portion of the current evaluation procedure is January 1, 2000. Discussion of this subject matter will be placed on an LMC agenda as soon as practical.

13-03  

Observation and evaluation instruments as described in the Teacher Performance Evaluation Guidelines of 1997-98 which, together with Appendices, are incorporated herein by reference, will be used to evaluate a teacher and guide professional development through the four year cycle. During Year I evaluation activities, all written observation reports or written composite evaluation reports of an employee’s performance must be designated as positive reports or negative reports.

In the event a teacher receives a negative observation during the school year, the employee may request, besides the minimum number of observations set forth in this section, an observation by another administrator in the system, which observation shall be considered in arriving at the composite evaluation rating. The alternative evaluator(s) shall be an administrator(s) from the central office or another school and shall be selected by the Superintendent of Schools. In the event of a negative observation or a negative comment in an otherwise positive observation or evaluation, the observer or evaluator shall be required to explain clearly in narrative form the reasons for the negative comment, negative observation or negative evaluation. In addition the observer or evaluator, during the conference with the employee, shall be required to plan cooperatively with the employee for the employee’s improvement. This planning shall include specific suggestions for improvement.

13-04   Nurses

Nurses will be evaluated by the building principal who will use the current nursing evaluation instrument.

13-05   Coaches

            Coaches will be evaluated by the high school principal or his designee, utilizing the coach evaluation report attached hereto as Appendix F. The Athletic Director shall facilitate such evaluation. Only an employee who has received a written composite evaluation which is designated as negative, (not a negative written observation or negative comment in a positive evaluation) may grieve the negative determination.  The Union, within the same time periods provided for arbitration, may elect expedited arbitration instead of the arbitration provided for in the contract. Such expedited arbitration shall be conducted in accordance with this contract, except that the procedural rules for such expedited arbitration shall be those of the American Arbitration Association. The contents of the composite evaluation report designated as negative will be subject to arbitral review on its merits; and, if overturned, such contents shall be stricken from the employee’s personnel file, and any adverse personnel action arising out of such evaluation shall be fully remedied.

13-06   Personnel Files

a.  Employees have the right, upon request, to review the contents of their personnel file. An employee may if he wishes have a representative of Union accompany him during such review. If, during the course of reviewing his/her personnel file, an employee wishes to have copies of any of the contents thereof, he/she shall be permitted to make those copies on facilities in the Superintendent’s Office and shall reimburse the Superintendent’s Office at a rate not to exceed ten cents ($.10) per page.

b. For purposes of this Article and interpretation under this contract, “personnel file” shall be deemed to mean the official personnel file of the employee retained in the Superintendent’s Office. No material derogatory to an employee’s conduct, service, character, or personality will be placed in his personnel file unless the employee has had an opportunity to review the material. The employee will acknowledge that he has had the opportunity to review such material by affixing his signature to the copy to be filed with the express understanding that such signature indicates merely that he has seen it and in no way indicates agreement with the content thereof, The employee will also have the right to submit a written answer to such material and, if so submitted, his/her answer shall be reviewed by the Superintendent and attached to the file copy which is inserted in the employee’s personnel file. No personnel action or decision with respect to any employee will be made based on other than the contents of the employee’s official personnel file as is found in the Superintendent’s Office. While informal personnel files or incident files may be maintained by supervisors at various levels, the information gathered and/or contained in such informal personnel or incident files will not be a basis for any personnel action, decision, recommendation or otherwise unless such material shall first have been included in the employee’s permanent personnel file as is found at the Superintendent’s Office and unless inclusion therein has been in conformance with the provisions of this Article.

c.  Any complaint which is submitted in the employee’s permanent personnel file at the Superintendent’s Office whether made by any parent, student, or other person, and whether it requires administrative action or not, will be reported to the employee involved prior to inclusion in the aforesaid personnel file and prior to the commencement of any administrative action.

d.  Nothing in this Article is intended to infringe upon or limit the right of a principal or supervisor to discuss on an informal basis, with the employee his/her general or professional conduct or limit the ability of the principal or supervisor to communicate, on an informal basis, with his/her staff on a one-to-one basis. If an employee is to be disciplined or reprimanded by a member of the administration, he/she may, if he/she wishes, have a representative of the Union present. Unless there are catastrophic or emergency circumstances, the disciplining or reprimanding will be done in private. For the purposes of this Article, “disciplining or reprimanding” are situations in which written documentation concerning adverse actions of an employee are placed in the employee’s personnel file at the Superintendent’s office.

13-07   Nothing in this Article shall diminish the provisions of Article 1-03 of this Agreement.

ARTICLE 14

TEACHER FACILITIES

14-01   The Committee agrees to maintain the present teacher facilities in the schools in a clean and serviceable manner. In addition, there will be an area in the schools which permits the

teachers’ use of a telephone in a separate area to speak in privacy with parents or others on school matters. To insure this, all buildings having 700-1,000 pupils in a single session will have two (2) outside lines per building.

All buildings having 1,000 pupils on a single session will have three (3) outside lines per building.

14-02   The Committee will consult with the Union during planning stages of a new building for recommendations which the Committee will forward to the School Building Committee.

14-03   The Chelmsford School Committee for the life of this Agreement will make every reasonable effort to provide separate teacher dining areas and work areas for teachers in existing schools, and will be cognizant of these needs in establishing specifications for new schools.

14-04   Cellular Phones

Each school building will be equipped with one cellular phone to be shared collaboratively among teachers for use on field trips. Teachers who use their own cellular phones on such field trips will be reimbursed for job-related, billed calls made and received.

ARTICLE 15

USE OF SCHOOL FACILITIES

15-01   The Union will have the right to use school buildings at reasonable times for meetings in accordance with the school policy for the use of school buildings.

15-02   The Superintendent’s Office and the principal of the building in question will be given reasonable advance notification of the time and place of all such meetings.

15-03   If the meeting is held during those hours when a custodian is present or has regularly scheduled hours, there will be no charge for the use of the building.

15-04   If the meeting is held outside of those hours when a custodian is present or has regularly scheduled hours, the Union will pay the cost of the special custodian on the same basis as other organizations.

15-05   A bulletin board or space on an existing bulletin board will be made available to the Union for the purpose of displaying appropriate notices, circulars, and other material. Copies of all such material will be given to the building principal but his/her advance approval will not be required.

ARTICLE 16

SICK LEAVE

16-01   Employees who contract to work for the school year shall receive thirteen (13) days for use as sick leave as of the first day they are required to work whether or not they report for duty on that day except that employees who did not work in the Chelmsford School System in the previous year, shall receive such credit from the day they actually report to work. Employees who are hired to work after the normal commencement day for the opening of the school, shall receive a pro-rated number of sick leave days depending on the date of hire.

            16-02   Sick leave may be accumulated from year to year to a maximum of two hundred and ten (210) days. Those employees who have accumulated sick leave benefits from the Board of Health shall be given full credit for any days accumulated.

16-03   The Committee will pay at the date of an employee’s retirement thirty percent (30%) of an employee’s accumulated sick leave on such date to a maximum of Three Thousand Dollars ($3,000) to be computed at the rate of Fifty Dollars ($50) per day, provided, however, that the employee has notified the Superintendent of Schools by January 1 of the school year in which the employee intends to retire.

            16-04   Sick leave may not be used for any other purpose except illness, injury, or disability related to a physical condition requiring doctor or hospital care.  A doctor’s certificate may be required from an employee who is absent in excess of three (3) consecutive days at any time.  Such certificate may be required from an employee who requests the use of sick leave for an extended time.  In such cases, the doctor’s certificate shall be required to contain, if requested by the Administration, the medical diagnosis, the specific illness, injury, or condition for which sick leave is used or requested, prognosis, and to the extent possible, the expected date the employee will return to work.  In order for an employee to be eligible to use sick leave, such employee must notify the Superintendent or designee, on or before the first day of an absence for which he/she intends to use sick leave, of the nature of the illness, injury or disability and medical diagnosis, if possible at that time, together with an estimate as to when the employee expects to return to work.  Such absent employee claiming sick leave is expected to keep the Superintendent informed of the progress of the sickness, injury, or disability and may be required to provide additional doctor’s certificates in the form set forth above from time to time at the discretion of the Superintendent if such absence is prolonged. If deemed in the best interests of the Chelmsford Public School System, the Superintendent may require an employee on sick leave to be examined by a physician chosen by the System.  Such examination to be administered without charge to the employee.

16-05   Sick Leave for Family Illness

Up to ten paid sick leave days per year may be used for the purposes specified in the first sentence of Section 16-04 or for the purpose of arranging for care of a sick member of the employee’s immediate family as defined in ARTICLES 17-05.1 and 18-01.

16-06     Employees who leave the school system and return within five (5) years shall, if rehired, have all unused sick leave days restored to a maximum of two hundred and ten (210) days.

16-07   The School Committee and the Union agree to the establishment of a voluntary sick leave bank to be operated under the following terms and conditions:

a.  Management of the sick leave bank shall be directed by a “sick leave bank committee” whose membership shall be composed of three (3) members from the Chelmsford Federation of Teachers and two (2) designees of the Superintendent.

b.  The record-keeping of the sick leave bank shall be conducted by the designees of the Superintendent.

c.  No person shall be eligible to use more than one hundred and eighty (180) days or the equivalent of the number of working days in a school year from the sick leave bank for any single incident or occurrence for which an employee shall be entitled to request sick days from the sick leave bank committee.

d.  Participation in the sick leave bank shall be voluntary. Any new employees and any present members of the bargaining unit may apply for participation in the sick leave bank on or before the last school day in September. Employees who are not members of the bank after such date shall not be eligible to use the bank until the next open period in the next school year. Employees hired during the year shall be eligible to apply for the bank within thirty (30) days following their employment.

e.  The School Committee will contribute to the bank the number of days remaining in the sick leave bank under the previous contract or two hundred and fifty (250) sick leave days, whichever is the greater.

f.         The Sick Leave Bank Committee shall establish a minimum four hundred (400) sick leave days which must remain in the bank. When the number of days in the bank falls below four hundred (400), the Sick Leave Bank Committee shall assess each participant one or more days to be subtracted from his/her respective individual balance of accumulated sick leave, as is necessary, to replenish the Sick Leave Bank over the four hundred (400) days minimum balance.

16-08     For the addition of unused personal days to sick leave accumulation, refer to Article 17-07.

ARTICLE 17

PERSONAL LEAVE

17-01     It is recognized that absence of employees interrupts the educational process and must, therefore, be held to a minimum. It is understood that employees will make every effort to

attend to their personal business on “non-work days” and that requests for personal leave will be submitted only when every effort has been made to schedule personal business so as not to interfere with the employee’s work day.

17-02     In each school year an employee will be eligible for three (3) days of personal leave with pay. Such leave will be for personal, legal, business, religious, household or family matters which require the absence of the employee during work hours and which cannot otherwise be scheduled.

17-03     Routine personal leave requests should be submitted to the building principal seventy-two hours prior to the date on which the employee wishes to be absent.  Forms for personal leave requests will be made available at each school office and signed by the school principal and/or supervisor.  Employees who fail to request approval in advance shall forfeit full pay for each day of unauthorized absence.  If, because of lack of time in any emergency situation, permission is sought and granted orally, such permission must be confirmed in writing using the standard form.

17-04     Routine personal leave requests do not require a written or verbal explanation to the building principal; however, the form must be processed as described in 17-03 for administrative record keeping only.  Ordinarily, employees shall not be eligible to use more than their three (3) allotted personal days or to take personal leave for days immediately prior to or immediately following a school vacation or holiday.  In unusual circumstances, employees must request in writing that the superintendent approve their request for an additional personal day, provided that their request specifically details the reasons for seeking an additional personal day or allowing an employee to use a personal day immediately prior to or immediately following a school vacation or holiday.  The Personal Leave Form must be submitted directly to the superintendent followed by a personal contact to discuss the personal leave request.  The superintendent’s consideration of an unusual request shall not be subject to the Parties’ grievance and arbitration procedure.

17-05     The following serves as a guideline for personal leave requests:

a.  Emergency or illness in the immediate family. (Definition of immediate family: parent, parent-in-law, spouse, child, sibling, grandparent, grandchild, uncle, aunt, niece, nephew, and any person living in the immediate household.)

b.  Religious Observance - (Where established religious discipline expects actual presence at services and/or for the employee to desist from his daily occupations).

c.  Personal Business - Court obligations, mortgage closing, adoption of child, summons by a government agency such as Draft Board or the Internal Revenue Service, or equivalent personal business affairs which either (a) could not reasonably be scheduled during non-work hours or (b) are beyond the immediate control or influence of the employee involved for the purpose of setting the schedule or meeting time.

d.  Commencement exercises for the employee or a member of the family as defined in Item 1, but including siblings, ordination or entrance into religious orders for the employee or member of immediate family.

In the event that the school department obtains objective information which tends to show that an employee is in violation of either the spirit and/or the letter of the above language, the school department reserves the right to revoke approval of the personal day.

17-06     Two (2) days of leave of absence with pay will be granted to any employee who celebrates the Jewish High Holy Days and one (1) day such leave of absence for any employee who celebrates Orthodox Good Friday.

17-07     Unused personal days shall be added to the employee’s sick leave account. For those employees who have maximum accumulation of sick leave days, unused personal days

shall be added over and above the contractual maximum accumulation. These additional days may not be used until the employee’s sick leave account has been depleted. These additional days may not be bought back upon retirement.

17-08     Paid leave or unpaid leave provided under the Family and Medical Leave Act shall be credited against FMLA leave entitlements to the extent permitted by FMLA.

ARTICLE 18

BEREAVEMENT LEAVE

18-01     Three (3) days bereavement leave without loss of pay will be granted to an employee upon the death of anyone in the immediate family as defined in article 17-05, 1.

18-02     The employee will be granted up to two (2) additional work days without loss of pay on the day of the funeral and up to two (2) additional work days without loss of pay if either or both of the aforesaid work days are required as travel time to enable the teacher to attend the funeral.  Attendance at the funeral shall be a prerequisite to being granted either or both of the two (2) aforesaid additional work days as funeral leave.  It is understood that the provisions for granting leave under this Article shall be liberally construed and that the granting of leave without loss of pay under the provisions of this paragraph shall be liberally granted and not unreasonably or arbitrarily withheld.  Should the funeral services be conducted on a day which is preceded by or followed by a non-work day, the granting of either or both of the additional two (2) work days of leave referred to earlier in this paragraph may be withheld if the employee involved could have traveled to and/or from the location of the funeral on a non-teaching work day.

18-03     In the event of the death of an employee in the bargaining unit, the president or his or her designee will be granted release time sufficient to attend the funeral services of such employee.

ARTICLE 19

EXTENDED LEAVE OF ABSENCE

19-0 1    Military leave without pay will be granted to any employee who is inducted or enlists in any branch of the armed forces of the United States. Upon return from such leave, an

employee will be placed on the salary schedule at the level which he would have achieved had he remained actively employed in the system during the period of this absence up to a maximum of three (3) years.

19-02     A leave of absence without pay of up to two (2) years will be granted to any employee who joins the ACTION CORPS or serves as an exchange employee, and is a full-time participant in either of such programs. Upon return from such leave, an employee will be considered as if he were actively employed by the Committee during the leave and will be placed on the salary schedule at the level he would have achieved if he had not been absent.

19-03     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 employee’s immediate family as defined in Articles 17-05, 1 and 18-01. Additional leave may be granted at the discretion of the Committee.

19-04     Any employee on PTS or nurse in continuous employment in the Chelmsford School System may be granted a leave of absence without pay, or increment for up to one (1) year for health reasons. Requests for such leave will be supported by appropriate medical evidence.

19-05     Any employee whose personal illness extends beyond the period for which he is compensated by sick leave or is granted additional sick leave by the sick leave bank, will be

granted a leave of absence without pay or increment for such time as it is necessary for complete recovery from such illness, but in no event will such leave of absence extend beyond termination of the school year in which sick leave is exhausted, or a determination that the teacher is permanently incapacitated and is unable to return to work, whichever is sooner.

19-06     Childbirth Leave

A leave of absence without pay for childbirth will be granted to each employee who requests such leave for childbirth upon two (2) weeks notice for a period of up to eight (8) weeks.

An employee may use accumulated sick leave for child birth during said eight (8) week period under the conditions set forth in paragraph 16-04 during such period as the employee is disabled.

The Superintendent may grant unpaid childbirth leave beyond the eight (8) weeks at his discretion and such decision is not arbitrable.

19-07     Adoption Leave

A leave of absence for adoption will be granted to each employee who requests such leave for adoption, for a period of up to eight (8) weeks. The adopting teacher shall give notice of the anticipated advent of the child as soon as practical.

If the Chelmsford School Department employs both adopting spouses or partners in this bargaining unit, one such person may use up to 20 days accumulated sick leave for 4 of the 8 weeks of adoption leave and the other such person shall be eligible to receive 8 weeks of unpaid adoption leave. The Superintendent may extend unpaid adoption leaves of absence at his discretion and such decision is not arbitrable.

19-08     Use of Sick Leave Bank

The sick leave bank shall be not be available for childbirth leave as is set forth above except if the employee is disabled at the end of the eight (8) week period.  In lieu of the use of sick leave, or the paid childbirth leave, or paid adoption leave set forth above, a leave of absence without pay or increment shall be granted to pregnant or adopting employees.  Leave will be granted for the remainder of the school year in which the child is born/adopted and the school year immediately following.  If the employee desires to return to the school system the following year, notification must be sent to the Superintendent’s office no later than March 1 of the year in which the employee intends to begin in September.

If there is any question concerning the pregnant employee’s ability to remain safely at work and perform assigned duties, the Superintendent may require written certification of health from her physician indicating that said employee may continue in her current employment status.

19-09     A teacher on PTS or a nurse in continuous employment in the Chelmsford School System may be granted a leave of absence without pay for up to one (1) year for education purposes.  Upon return from such a leave, an employee will be placed on the salary schedule at the level which he/she would have achieved had he/she remained actively employed in the system during the period of his/her absence.

All such leaves are subject to the approval of the Committee and may be denied if the Committee deems they are not of significant value to the system.

19-10     All benefits to which an employee was entitled at the time his/her leave of absence commenced, including unused accumulated sick leave, will be restored to him/her upon his/her return, and he/she will be assigned the same position which he/she held at the time said

leave commenced, if still in existence, or if not, to a substantially equivalent position. Employees on leave shall be treated in the same fashion as employees not on leave for purposes of applying the provisions of Article I-05, Reduction In Force, and subject to Article 10, Assignments and Transfers (10-02 c).

Any employee who is not receiving a salary from the Town of Chelmsford while on leave, will not accumulate seniority unless such accumulation is required by state or federal statute.

19-11     All requests for extension or renewals of leave will be applied for in writing. Action taken and disposition of such request will be confirmed in writing.  Employee’s entitlement to his/her prior position upon return from such extension or renewal will be arranged in accordance with Article 1-05, and subject to Article 10, (10-02 c.)

19-12     A leave of absence without pay or increment may be granted for a period of one (1) year for personal reasons to any employee applying for such leave who has completed at least seven (7) consecutive years in the Chelmsford Public Schools.  If an employee intends to return to the school system in September, notification must be sent to the Superintendent’s Office no later than March 1. Personal leave does not guarantee an employee a position, but preferential treatment in rehiring will be given for a period of one (1) year to a returning teacher, all qualifications of other candidates being deemed equal.

19-13     A leave of absence for career exploration may be granted by the School Committee for the succeeding school year to any PTS employee covered by this agreement upon recommendation by the Superintendent and if requested to the Superintendent or his/her designee by the employee, in writing, on or before March 1 preceding the school year in which the

employee wishes the career leave.  During the leave, the employee will be ineligible for any pay or any other benefits provided by law or by this contract to school system employees.

If granted, the leave shall extend for the school year for which it was granted and may, at the election of the employee, extend for the next full school year only, provided that the employee shall so request on or before March 1, in writing to the Superintendent or his/her designee, in the school year during which the employee is on leave. Failure to request an extension or to indicate an intention to return at the commencement of the next school year, in writing on or before March 1 to the Superintendent or his/her designee shall mean that the employee has resigned. All leaves shall be for a full school year, unless extended for another full school year, and may not be shorter unless requested by the employee and waived by the School Committee at its sole discretion, which waiver shall not be grieved or arbitrated.

19-14     The Committee in its discretion may grant an unpaid child rearing leave to an employee for the purpose of parenting a minor child.

ARTICLE 20

SABBATICAL LEAVE

20-01     The Committee upon recommendation of the Superintendent may grant a Sabbatical Leave for approved study, research or travel to members of the teaching staff who have completed at least seven (7) consecutive years of experience in the Chelmsford Public Schools. (Under certain circumstances the Committee may approve Sabbatical Leave for those with less than seven (7) consecutive years experience in the system if the Committee deems this leave of significant value to the system).

20-02     Prior to the granting of such a Sabbatical Leave, the applicant shall enter into a written agreement with the Committee that upon the termination of such leave he/she will return to service in the Chelmsford Public Schools for a period equal to twice the length of such leave and that, in default of completing such service, he/she will refund to the Town of Chelmsford 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 which was agreed to be rendered. If his/her failure to serve in the Chelmsford Public Schools for a period equal to twice the length of his Sabbatical Leave following the official termination of such leave is due to his/her illness, disability, or death, or if he/she be discharged from his/her position by the Committee, recipient shall be released from the terms of the aforesaid agreement.

20-03     Applications for Sabbatical Leave shall be submitted to the Superintendent in

writing, and in such form as may be required by the Superintendent no later than January 31.

The applicant will be notified if his/her application has been approved by the following April 1,

of the school year previous to the school year for which the leave is being requested.

20-04     No more than five (5) Sabbatical Leaves of Absence shall be granted for any school year.  In case the number of applications shall exceed the number of Sabbatical Leaves of Absence that the Committee plans to grant for a particular school year, the recommendation of the Superintendent shall be made on the basis of the value of the proposed leave to the educational system of Chelmsford.

20-05     During the course of a Sabbatical Leave, summary monthly reports of progress should be made to the Superintendent. Upon completion of a Sabbatical Leave, the recipient of the leave shall submit a comprehensive report to the Superintendent containing transcripts of all

college or university work done while on leave or any other pertinent data or interpretive material considered essential to an evaluation of his/her program.

20-06      The period of time associated with the Sabbatical Leave shall be considered an equivalent period of regular professional service in the Chelmsford Public Schools for purposes of salary determination, and the scheduled annual increments will be given on this basis.

20-07     Recipients of Sabbatical Leave shall retain PTS status and all other prescribed rights or benefits which would otherwise be theirs if they were actively teaching in the Chelmsford Public Schools during the period of leave.

20-08     Sabbatical Leave of Absence may be continued with programs of study, research, writing, or travel which are financed by outside non-commercial agencies or organizations such as colleges, universities, or foundations.

20-09     A recipient of Sabbatical Leave must serve for an additional seven (7) consecutive years (under certain circumstances the requirement may be waived) of service in the Chelmsford Public Schools before being eligible for a second Sabbatical Leave.

20-10     Sabbatical Leave of Absence shall not be granted for less than one (1) full semester nor more than one (1) full school year.

20-11     Recipients shall be entitled to receive as compensation the amount of one-half (1/2) the salary which they would have earned in the service of the Chelmsford Public Schools if they had not been on Sabbatical Leave. For teachers, “salary” will be interpreted to mean the total annual salary, excluding any supplemental payments for special assignments such as extra­curricular duties that they would have been paid for the particular year during which they were on Sabbatical Leave.

            20-12   Recipients shall not engage in remunerative work while on leave except as hereinafter provided. Scholarships and fellowships in approved colleges and universities which do not interfere with the prescribed program of professional improvement are excepted.  If other remunerative work is desired by the member of the teaching staff while on a Sabbatical Leave of Absence, arrangements satisfactory to the Superintendent shall be made.

20-13   Nothing in the Sabbatical Leave is to be interpreted as guaranteeing a Sabbatical Leave of Absence to any teacher or group of teachers, and the Committee reserves the right to limit the number of such leaves to be granted in any given school year.

ARTICLE 21

LEAVE FOR LEGAL PROCEEDINGS

21-01   The Committee agrees to provide without loss of pay the time necessary for appearance in any legal proceeding connected with the employee's service with the school system if the employee is required by State or Federal law to attend.

21-02   An employee in the bargaining unit called for jury duty shall be able to fulfill this duty without loss of benefits and will be paid by the Committee the difference between his/her regular pay during such period of time, and the compensation received for such duty from the appropriate governmental body upon presentation to the school system of evidence of such pay.

ARTICLE 22

LEAVE FOR RESERVE DUTY

22-01   A maximum of ten (10) days per school year will be provided for persons called into temporary active duty of 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. Employees will be paid the difference between their regular pay and the pay which they receive from the State or Federal government.

ARTICLE 23

SUBSTITUTES

23-01   The Committee will make every reasonable effort to provide substitutes for all employees including nurses. In situations where substitutes are necessary, but not available, the Principal may assign an employee to use his/her preparation period for substituting. Such assignments shall be distributed equitably among all the employees in each school during the school year.

23-02   Employees will have a designated person to notify when substitute coverage is needed.

23-03   In the event a teacher who has been appointed Principal’s designee is required to fill in during a principal’s absence for a full day, a substitute teacher will be provided for that teacher’s classroom. Principals who plan to be absent for not more than a half day without a substitute will make every effort to return promptly at the previously scheduled time of return.

ARTICLE 24

PROTECTION

24-01     Employees will immediately report all cases of assault suffered by them in connection with their employment to their immediate supervisor and the Superintendent in writing.

24-02    This report will be forwarded to the Committee which will comply with any reasonable request from the employee for information in its possession relating to the incident or the persons involved, and will act in appropriate ways as liaison between the employee, the police and the courts.

ARTICLE 25

WORKERS’ COMPENSATION

25-01    Employees will continue to be covered by the Workers Compensation Act as amended from time to time, on account of employment-related illness or injury.

25-02    An employee receiving workers’ compensation may supplement sick payments with paid sick leave, drawn from his or her individual sick leave account, which, when added to worker’s compensation, would equal the regular salary payment of the injured or ill employee; provided, any bargaining unit member (teacher or nurse) who is absent because of injury or illness resulting from an assault and battery suffered by such employee in connection with employment in the Chelmsford School System, such salary supplement to workers’ compensation shall be provided by the Committee with no chargeback against the individual employee’s sick leave. Medical expenses will be reimbursed to the full extent provided by Workers’ Compensation.

ARTICLE 26

INSURANCE AND ANNUITY

26-01    The Committee agrees to continue to provide the employee with the same Health and Insurance Plan as provided Town employees. The premiums and benefits under these plans are administered by the Board of Selectmen, the Authorizing Agent.

The Committee will reimburse nurses for the full premium of their occupational liability insurance for each school year, at current coverage levels, understood to be $1,000,000,

26-02    If the Town, by a change in the Town By-Laws, provides additional insurance programs for Town employees, or agrees to pay a larger share of the premiums, then such improvements will be granted to employees represented by the Union at the same time.

26-03    During the summer months of July and August, health coverage will be provided for all employees who complete the school year on the same basis as it is provided during the school year.

26-04    Employees will be eligible to participate in a Tax Sheltered Annuity Plan established pursuant to United States Public Law No, 87-370.  The Committee agrees to deduct from employees’ salaries the premium payment for tax sheltered annuities in specified amounts when requested in writing by the employee.  Said written request including change in premium payments must be received by the Office of the Superintendent by October 1, except that in the case of employees who were not actually employed during the previous school year said notice must be received no later than November 1.  Employees failing to meet the appropriate deadline set forth above shall not be entitled to have tax-sheltered annuity plan premiums paid through payroll deductions.

26-05   The Committee agrees to deduct from employee’s salaries the premium payment for the Washington National Insurance Company’s Group Health Insurance Plan in specified amounts when requested in writing by the employee. Said written request including change in premium payments must be received by the Office of the Superintendent by October 1, except that in the case of employees who were not actually employed during the previous school year said notice must be received no later than November 1.  Teachers failing to meet the appropriate deadline set forth above shall not be entitled to have Washington National Insurance’s Group Plan premiums paid through payroll deductions.   Additionally, the Committee agrees to deduct from employees’ salaries the premium payment for any group insurance made available to members of the bargaining unit through the Union when requested in writing by the employee.

26-06    Payroll deductions shall be made available to those employees who wish to participate in the following programs:

a.   Tax Sheltered Annuity Plan established pursuant to U.S. Public Law 87-370.

b.   Payroll deduction plans sponsored by the Union for the purpose of savings, loan repayments, and mortgage payments,  Committee on Political Education and Massachusetts Federal Credit Union.

            26-07  The following language has been agreed to by the parties:  Co-payments for all HMO plans shall increase from five dollars ($5.00) to fifteen dollars ($15.00) at such time as all other Town and School Department unions agree to the fifteen dollar ($15.00) co-payment amount, and the co-payments for emergency room visits for all health insurance plans shall increase to fifty dollars ($50.00) per emergency room visit for all bargaining unit members at such time as all other Town and School Department unions agree to the new emergency room co-payment.

            Upon implementation of the new emergency room co-payment amount and for the duration of the parties’ collective bargaining agreement (i.e. through June 30, 2009), the Committee agrees that it shall hold harmless any bargaining unit member for the difference between the current co-payment amount for emergency room visits ($25.00) and the new higher co-payment amount ($50.00) for emergency room visits.  All bargaining unit members shall submit satisfactory documentation to the school district confirming their emergency room visit in order to receive reimbursement from the school district.

ARTICLE 27

NO STRIKE

27-01    For the period of this Agreement, no employee nor the Union nor any officers thereof shall engage in, induce, or encourage any strike, work stoppage, slow down or withholding of services by any such employee or employees or by any other employees.

ARTICLE 28

PROFESSIONAL DEVELOPMENT

28-01    The Committee and the Union agree that if teachers are to maintain their competence as educators and continue to contribute effectively to the Chelmsford School System, teachers should undertake professional development on a continuing basis.  Workshops, seminars, conferences, and in-service training activities will be scheduled for the achieving of this goal.

All system-wide in-service training programs and institutes shall be cooperatively planned by the Union and a member(s) of the Administration subject to the final determination by the Superintendent as to whether or not to implement the planned training program or institute.

a.        These in-service training programs and institutes shall be one way in which teachers satisfy the requirement in Article 4-08(b).

b.       The Committee agrees to compensate any employee for all reasonable expenses in connection with any workshop, seminar, or conference which the Committee may require the employee to attend or for which the employee may request and be granted permission by the Superintendent to attend; however, an employee may waive any such expense items upon agreement in advance between the employee and the responsible administrator.

28-02    Another way for teachers to maintain their competence as educators and to contribute effectively to the Chelmsford School System is by taking college courses.

a.        The administration may request at its expense that a staff member enroll in specific credit courses so that he might:

1.         Fill certain academic or professional needs;

2.         So that he may achieve preparation standards which are mandated

                                    by curriculum revisions.  None of the money shall be deducted from

money available under 28-03.

            b.         Teachers taking course work which they request to improve their performance and thus improve the educational system of Chelmsford and which courses are approved in advance by the Committee, shall be reimbursed seventy-five (75%) of the cost of tuition and fees for such course providing the following terms and conditions are met:

            1.         That a teacher has completed one year of teaching school in Chelmsford Schools.

            2.         That evidence of successful completion of the approved courses and payment of college tuition must be submitted to the Office of the Superintendent of Schools with the request for the allowed tuition reimbursement.

            3.         That for reimbursement purposes, each teacher may apply for up to three (3) college courses (9 credits on a 3-credit system and 12 credits on a 4-credit system) per academic year, but not more than two (2) such courses during any one time period as set forth in Section 28-03.  Teachers requesting two (2) such courses during one time period shall be approved for reimbursement for the second course if funds remain for that term after all teachers requesting reimbursement for funding their first course that term have been approved.

            4.         That military veterans and others who are taking courses of study at institutions of higher learning in which they are privileged by exemption from tuition charges shall not be further reimbursed under this policy.

            5.         That teachers have applied for course approval no more than sixty (60) calendar days or less than fourteen (14) calendar days prior to the beginning of the course applied for, except for the summer session where application must be received no earlier than sixty (60) calendar days nor later than thirty (30) calendar days.

            28-03    The Committee’s obligation for tuition reimbursement to teachers eligible under

28-06(b) is limited to $50,000 per academic year.  $25,000 shall be reserved for the summer term commencing July 1^st, and $12,500 shall be reserved for both the fall semester (September through December) and the spring semester (January through June.)

28-04     Any portion of the maximum amount of the fund for tuition reimbursement not spent previously or encumbered for use in the summer session by June 1, shall be used by the Committee for funding in-service training programs created by the Chelmsford Public Schools during the summer, or for courses, institutes, workshops or programs offered under other auspices but considered by the School Committee to be of particular value to the Chelmsford School System.

28-05     In order to receive reimbursement for approved course work taken, a teacher must request reimbursement for summer courses by October 1 of the year in which the work was completed; March 15 for the previous fall’s course work and July 1 for spring course work, or within thirty (30) days of receipt of grades.

28-06     Those who have been laid off and while they remain on the recall list shall be entitled to seventy-five percent (75%) reimbursement of courses necessary to be recertified or rehired under the terms and limitations of Article 28-02.

ARTICLE 29

DUES DEDUCTION

29-01     The Committee agrees to deduct from each employee’s salary a single deduction for dues for the Chelmsford Federation of Teachers as said employee individually and voluntarily authorizes the Committee to make such deduction. The Committee will transmit said monies

deducted to the Treasurer of the Chelmsford Federation of Teachers, Local 3569.  The Chelmsford Federation of Teachers will be responsible for the allocation of monies deducted to the appropriate Union or Unions.  Employees’ authorization will be in writing on the authorization card provided by the Union.

29-02    Deductions referred to in 29-01 above will be made in equal monthly installments. The employee’s authorization card will be received by the Committee no later than two (2) weeks prior to the distribution of the payroll from which the deduction is made.

ARTICLE 30

DETENTION DUTY

30-01    Detention duty at the High School and Middle Schools will be taken by teachers selected by the Principal from a list of volunteer teachers.

30-02    Teachers assuming this responsibility will be compensated at a rate set forth in Appendix B.

30-03    Should sufficient qualified teachers fail to volunteer, the Principal shall assign teachers to detention duty on a rotating schedule and such teachers shall be compensated on a prorated basis in accordance with compensation for such duties as are set forth in the extra­curricular activities schedule.

ARTICLE 31

DOUBLE SESSIONS

31-01 Teachers in a particular school will not, if that school goes on double sessions, be required to work longer than other teachers on double sessions at the same academic level.

In the event of emergency requiring double sessions, the Chelmsford Federation of Teachers shall be consulted as soon as practicable after the occurrence of the emergency. During such consultation, such scheduling as is determined by the School Committee to meet the emergency shall continue. If the emergency shall continue beyond a period of two (2) weeks or if double sessions shall be permanent as a result of the nature of the emergency, negotiations for permanent changes of scheduling necessary to effect double sessions shall commence immediately. Until such negotiations result in agreement, the School Committee’s determination of scheduling practices shall govern.

ARTICLE 32

PUPIL MATERIALS

32-01 Where the curriculum advocates classroom use of prescribed textbooks, workbooks, and other prescribed educational materials, the Committee guarantees it will make all reasonable efforts to provide said materials at least one (1) per child.

32-02 Purchase of incidental materials not supplied by the school system but required and specifically authorized by the appropriate coordinator or principal shall be reimbursable. Reimbursement shall be made through the normal warrant process.

ARTICLE 33

EFFECTS OF AGREEMENT

33-01    This instrument constitutes the entire Agreement of the Committee and the Union arrived at as a result of collective bargaining negotiations, except such amendments hereto as shall have been reduced to writing and signed by the parties.

33-02    The parties acknowledge that during the negotiations which resulted in this Agreement each had the unlimited right and opportunity to make demands with respect to any

subject matter not removed by law from the area of collective bargaining, and that the understanding and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Committee and the Union for the life of this Agreement each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated, to bargain collectively with respect to any subject matter referred to or covered by this Agreement or with respect to any subject matter not specifically referred to or covered in this Agreement even though such subjects or matters may not have been within the knowledge or contemplations of either or both parties at the time that they negotiated or signed this Agreement, except as specified in paragraph 31-01. This Agreement may be amended in writing at any time by mutual consent.

            33-03    Any waiver or breach of a condition of this Agreement by either party shall not constitute a precedent with respect to future enforcement of all the terms and conditions of this Agreement.

33-04    No provision of this Agreement shall be retroactive to the effective date unless otherwise specifically stated herein.

33-05    The terms of the Agreement are not applicable to any employee included within the bargaining unit while engaged in after-school teaching, tutorial or summer program, except as set forth in paragraphs: 4-02(c), 4-04, 4-06, 4-07, 4-09, 11-11, or while such employee is engaged in coaching, intramural or extra-curricular activities except for the salaries for such activities as set forth on coaching, extra-curricular and intramural salary schedules, or while engaged in a federal program except as set forth in paragraph 11-11 and except as specified in paragraph 34-10A regarding work performed in programs listed in Appendix F.

ARTICLE 34

GENERAL

34-01    If any provision of this Agreement or part thereof, shall finally be held illegal as a matter of law, in proceeding where such determination is permitted, in such event, such provision or part thereof will be deemed invalid, but all other provisions shall continue in full force and effect.  Provided that such provision of part thereof, declared illegal as a matter of law, is otherwise a permissive or mandatory subject of bargaining, the parties shall meet promptly to negotiate replacement language, notwithstanding the provisions of section 33-02.  A failure to agree on replacement language shall not be subject to the grievance and arbitration provisions of this contract.

34-02    The Union will be provided with access to approved minutes of School Committee meetings and given or mailed a copy of the official agenda of the meeting as soon as available. The Union agrees to reciprocate with agenda and minutes of its meetings.

34-03    The Committee will comply with reasonable requests to provide the Union, within ten (10) school days from the receipt of such request, with available documents which may be required by the Union to develop proposals for negotiations or to process existing grievances under this Agreement. Such documents shall not be of a personal or confidential nature.

34-04    Copies of this Agreement will be printed at the Committee’s expense and a sufficient supply will be provided to the Union to distribute to all teachers.  Upon exhaustion of the supply, the School Committee will provide additional copies of the Agreement and Appendices thirty (30) days after receipt of such request from the Union.

34-05    Members of the Representative Council will be released at pupil departure time once a month to attend monthly Council meetings.

34-06    Administrators shall not perform bargaining unit work except:

a.         in an emergency on a temporary basis, or

b.         in a situation where employing a certified new employee is impracticable or such employee is unavailable provided:

1.         no bargaining unit employee loses a position;

2.         there is no bargaining unit employee, then working in the school

system (including a less than full-time employee) who is certified and

available to perform such work;

3.         the school system shall continue to advertise and post for a new

employee to commence work as soon as is practicable.

In no event, shall an administrator, doing such work, be credited with seniority for such bargaining unit work in any future employment as a bargaining unit employee.

34-07    Labor Management Committee: There shall be a Labor Management Committee (hereinafter referred to as LMC) consisting of the Superintendent of Schools or his/her designee, one member appointed by the School Committee and two (2) members appointed by the Chelmsford Federation of Teachers.  The LMC shall meet periodically to discuss matters of mutual concern.

In the event the LMC shall agree on a recommendation concerning such matter(s), the LMC shall transmit that recommendation to the parties for negotiations.  If both parties agree to negotiate, the collective bargaining representatives shall meet within thirty (30) days after receiving said recommendation.  If the parties do not agree to negotiate, the issue shall be remanded to the LMC for continued discussion.

If any agreement shall be reached by the collective bargaining representatives, it shall be reduced to writing and, after ratification by both parties, shall be executed and amended to the Collective Bargaining Agreement between the parties.

34-08      Two blank slots on pay stubs for bargaining unit personnel will be made available to the Union for not more than one vendor per slot.

34-09     Nurses and LPN Duties

a.         Duties

Recognizing that the first priority of School Nurses is the care of students and staff, on and after the 00-01 school year, School Nurses’ duties will include the following:

            1.         Development of Health Curriculum through participation in Health

            Curriculum Committees.

            2.         Support of classroom teachers regarding health education by developing strategies for instruction on sensitive health topics or

            co-teaching.

            3.         Participate in District Health Advisory Council for Safe & Drug-Free

            Schools.

            b.         Work Day

            For the purpose of calculating a fractional work day for School Nurses or LPNs, a full day shall be considered as 7 hours (for example, a half-day is 3.5 hours).

            34-10    Appendix and Issues

               a.      As soon as practical after ratification of this Agreement, the Committee shall commence payroll deduction of employee retirement contributions from wages paid to teachers for work performed pursuant to APPENDIX F on and after September 1, 1999, and shall remit such contributions to the Teachers Retirement Board (“TRB”). The Committee will continue to make such contributions to the extent permitted by law, as determined by the TRB.

               b.      The Union acknowledges that it does not represent employees for the purpose of negotiating wages, hours and conditions of employment or any other bargaining subject at any of the child care, summer school or adult educational programs for listed in APPENDIX F.  The Union agrees to indemnify the Committee against any financial liability relating to such payroll deductions or retirement contributions in the event of subsequent rulings by the TRB that such contributions are not permitted by law.

DUES AUTHORIZATION FORM

AUTHORIZATION FOR PAYROLL DEDUCTION

By:

(Your Name - Print)

Effective _______________________ I hereby request and authorize you to deduct

Union

dues from my earnings in ten (10) equal installments. This amount shall be paid to the Treasurer

of the CFT, Local 3569, American Federation of Teachers Massachusetts.

These deductions may be terminated by me by notifying the Committee in writing to do so not later than sixty (60) days in advance of its effective date of such discontinuance or upon termination of my employment.

Employee’s Signature

Employee’s Address, ZIP

                                                                                    School___

CHELMSFORD PUBLIC SCHOOLS

CHELMSFORD, MASSACHUSETTS

EXHIBIT A

GRIEVANCE FORM

DATE:

Grievance:       (State nature of grievance and articles and sections of the agreement which have been violated or the policy or practice that has been violated.)

Relief Sought:

                                                                         Copies to:        I.         Principal

2.         Grievant

3.         Chelmsford Federation of Teachers, Local 3569,

Grievance Committee

Signed:            (To be signed by grievant or if a group grievance by at least two members of the class affected.)

_______________________

LONGEVITY

A Longevity Stipend will be paid as follows:

                                                            Teachers                      Nurses

20 – 24 Years                                      $1,736                         $1,200

25+ Years                                              2,605                           1,500

The longevity stipend shall be discontinued for all new employees hired after June 30, 1994.

CREDITABLE HOURS/COURSES

“Master +30” as referenced in the salary schedule means thirty (30) credits earned after the completion of the Master’s Degree requirements, provided that the credits are approved by the Superintendent.  Such approval shall not be unreasonably withheld.  Any credits prior to 9/1/1969 need not be approved by the Superintendent.

Credits for courses in a post-master’s program leading to a certificate or a degree need not be approved by the Superintendent.