Show detailed information about district and contract
| District | Chelsea |
| Shared Contract District | |
| Org Code | 570000 |
| Type of District | Municipal K12 |
| Union Affiliation | AFT |
| Most Recent Document | Contract |
| Expiring Year | 2011 |
| Expired Status | |
| Superintendency Union | |
| Regional HS Members | |
| Vocational HS Members | Northeast Metropolitan RVTSD |
| County | Suffolk |
| ESE Region | Greater Boston |
| Urban | Urban Supt Network |
| Kind of Community | urbanized centers |
| Number of Schools | 9 |
| Enrollment | 5638 |
| Percent Low Income Students | 91 |
| Grade Start | PK or K |
| Grade End | 12 |
between
LOCAL
1340
AFT
and
Duration
of Agreement
Table of Contents
Article
I-Union Recognition 1
A. Recognition 1
Article
II-Committee Rights Clause 2
A. Rights of Committee 2
Article
III-Salaries 3-8
A. Placement on the Salary Schedule 3
B. Basic Salary Schedule 3
C. Compensation for Advanced Degrees 4
D. Longevity Increments 4
E. Differentials for Special Service
Personnel 4
F. Increments for Advanced Credit 5
G. Teaching Before and/or After the Regular
School Year 5
H. Itemized Payroll Deductions 5
I. Hourly Rate of Pay 5
J. Additional
Compensation for Visual and Performing Arts Guests 6
K. Payment Schedule 6
L. Preparation Period Compensation 6
M. Adjustment of Pay 6
N. Schedule of Salary Increases 6
-7
O. Performance Incentive System 8
P. Extended Learning Time 8
Article
IV-Fringe Benefits 9-11
A. Health and Life Insurance 9
B. Tax-Free Annuity 10
C. Pension 10
D. Worker's Compensation 10
E. Severance Pay 11
Article
V-Working Conditions 12-32
A. Teacher Duties 12
B.
Teacher Assignment 12
C. Teacher Appraisal System 13-15
D. Personnel Files 15
E. School Facilities 16
F. Teaching Load; Teaching Programs 17
G. Preparation Periods 18
H.
Notices and Announcements 19
I.
Scholarship Standards 19
J. Student Discipline 20
K. Assault Cases 20
L. Legal Assistance and Support 21
M. Class Size 21
N. Extra-Curricular Activity 22
0. Termination of Employment 23
P. School Calendar 23
Q. Teachers’ work day: After School 23
R.
Duty-Free Lunch 23
S. Hiring of Substitute Teachers 23
T. Training Teachers 24
U
Parent-Teacher Conferences 25
V. Layoff 26-28
W. Extended Day/Work Year and Pre-School
Programs 29
X. Assignments Beyond Regular Teaching
Assignments 30
Y. School Day 30
Z. Mandatory Workshops 30
AA. Faculty Meetings 30-31
BB. Lesson Planning 32
CC. Drug-Free Schools 32
Article
VI-Transfers; Promotions 33
A. Transfers 33
B. Application for Promotion 33-34
Article
VII-Leaves of Absence 35-43
A.
Sick Leave 35-37
B. Funeral Leave 38
B. Personal and Religious Leave 39
D. Commencement Leave 39
E. Sabbatical Leave 39
F.
Military Leave 40
G. Organized Reserve Forces 41
H. Maternity/Parental/Adoptive Leave 42
I. Family and Medical Leave Act 42
J. Jury Duty 42
K. Detached Service Leave 43
L. Leaves of Absence (paid and unpaid) 43
Article
VIII-School Site Councils 44-45
Article
IX-Professional Improvement 46-48
A. Curriculum Standards 46
B. Conferences 46
C. In-Service Training
47
D.
Tuition Reimbursement/BU Scholarships 47
E.
Academic Freedom 47
F.
Textbooks; Teaching Materials 48
G. Use of Material Created by Teachers
48
H. Education Reform Act 48
Article
X-Special Services 49-51
A. Lead Teachers/Mentor Teachers/Academic
Coaches 49
B. Guidance Counselors 50
C. Department Heads 50
D. Librarians 50
E. Occupational Therapists 50-51
Article
XI-Employee Rights 52
A. Discipline 52
B. Representation 52
Article
XII-Grievance Procedure 53-54
A. Definition 53
B. Adjustments of Grievances 53-54
Article
XIII-Arbitration 55-56
Article
XIV-Union Privileges and Responsibilities 57-59
A. Professional Consultation 57
B. Union Activity on School Property 57
C. Fair Practices 58
D. Dues Check-Off/Agency Service Fee/COPE
Deductions 58
E.
School Meetings 59
F. Allowed Time for Union Negotiations 59
G. School Committee Meetings/Minutes 59
H. Existing Laws and Regulations Preserved 59
Article
XV-Handling of New Issues 60
Article
XVI-Savings Clause 60
Article
XVII-Resolution of Differences by Peaceful Means 61
Article
XVIII-Duration of Agreement 62
Appendix 63-65
ARTICLE
I
UNION
RECOGNITION
A. Recognition
1. Subject
to any applicable provisions of State or Federal Law or regulation now or
hereafter in effect, the Committee recognizes the Union as the agency through
which the teachers of the Chelsea School System in the below described unit
represent their considered opinion on matters cognizable as mandatory subjects
for discussion pursuant to the terms and valid administrative interpretations
of Chapter 763, Acts of 1965 of the General Court and any subsequent amendments
thereto.
2. The
3. Nothing
contained in this Agreement shall be construed to prevent any teacher or ad hoc
group of teachers not acting on behalf of any employee organization or
representing anyone but themselves from at any time discussing problems with
any of their supervisors, the School Committee, or other representatives of the
School Committee without the previous consent of the Union; nor
shall any action taken by said
supervisors, School Committee, or its representatives as a result of such
discussion be the subject of a grievance otherwise legally contested by said
Union unless such action is in specific and direct contravention of express
language in a specific provision of this Agreement. The
ARTICLE
II
COMMITTEE
RIGHTS CLAUSE
A. Rights of Committee
1. Except
as expressly provided otherwise by the terms of this Agreement, the
determination and setting of district wide policy are vested exclusively in the
School Committee. The operation of the
schools, the direction of the professional staff, and the implementation of
policy are vested exclusively with the Superintendent of Schools.
2. Except
as expressly provided otherwise by the terms of this Agreement, the
determination and administration of educational policy, the operation of the
schools, and the direction of the professional staff are vested exclusively in
the School Committee.
3. All
notices, demands, grievances, or other documents to be served upon, or
delivered to the School Committee will be delivered in a timely fashion to the
Superintendent of Schools,
ARTICLE
III
SALARIES
A. Placement on the Salary Schedule
1. The
salary of each teacher in the Chelsea School System shall be determined
pursuant to the following sections of this Article.
2. The
Superintendent of Schools shall fix the initial salary rate of each teacher on
entering employment, giving consideration to previous experience and special
skills, provided that such salary rate shall not be less than the minimum
established in this Article. Teachers who
enter the Chelsea School System, other than at the beginning of the school year,
will move the following year on the step schedule at the discretion of the
Superintendent of Schools. Teachers who
are within the System will not be granted additional step increases except for
service and/or degree requirements.
3. Credit
for placement on the salary schedule may be given to teachers with public or
private school experience meeting all the qualifications of the Chelsea School
Department at the discretion of the Superintendent. For salary credit purposes, a minimum of one
hundred twenty (120) days service, within the Chelsea School System within one
school year shall be the basis for computing one year of teaching experience.
4. All teachers new to
B. Basic Salary Schedule
1. No
teacher employed by the School Committee shall be paid a salary less than that
provided for by the "Basic Teachers' Salary Schedule."
2. In
the event that the
3.
The
salary rates in effect during this agreement can be found in the Appendix.
C. Compensation for Advanced Degrees
The salary scales (II-IV) pertaining to
the Master's Degree column, Master's + 30 column, and Doctorate Degree column
shall only apply to those individuals who have completed all requirements for
their degrees from colleges and universities accredited by the New England
Association of Colleges and Secondary Schools or the five accrediting institutions.
D. Longevity Increments
1. Longevity
increment shall be granted for years of service as a regularly appointed
employee of the Chelsea School System based upon the following schedule:
2008-09 2009-10 2010-11
After 10 years $ 750
$ 800 $ 850
After 15 years $1,450 $1,500 $1,550
After 20 years $1,700 $1,750 $1,800
After 25 years $1,950 $2,000 $2,050
After 30 years $2,200 $2,250 $2,300
After 35 years $2,450 $2,500 $2,550
After 40 years $2,700 $2,750 $2,800
E. Differentials for Special Service
Personnel
1. Teachers
appointed as Lead or Mentor Teachers shall be compensated on the next higher
pay scale for the duration of their appointment. An employee appointed to one of these
positions who is compensated on scale IV (Ph.D.) shall receive a differential
adjustment of 6% per year.
2. Guidance
counselors and school psychologists at the secondary level may be required by
the Principal or the Superintendent to work in excess of the regularly negotiated
work year for the bargaining unit (not to exceed 200 days per school year) and
shall be compensated at the pro-rata share of the annual salary for the extra
days. Any such days worked shall be
scheduled immediately before and/or immediately following the school year or as
may be mutually agreed to by the guidance counselor/school psychologist and the
Principal or the Superintendent.
3. Teachers
who are assigned to the Chelsea High and Middle School Alternative Programs
(formerly at the
F. Increments for Advanced Credit
Increments for advanced credit shall be
paid in the succeeding month following submission of evidence that the degree
has been received.
G. Teaching Before and/or After the
Any teacher who is required to work in
his/her capacity as a teacher before the
beginning of the regular teacher work
year and/or following the close of the teacher work year shall be paid at the
pro-rata of the annual salary.
H. Itemized Payroll
All pay stubs shall include a clear
statement of all monies earned and all monies deducted.
I.
Hourly Rate of Pay
1. Teachers who are assigned to after school
or before school services will be paid according to the following
schedule:
$30.00 per hour effective
$31.00 per hour effective
$32.00 per hour effective
2. Bargaining unit members who are selected
and approved by the Superintendent or designee to make formal presentations at
workshops or in-service programs offered by the Chelsea School Department shall
be paid at the contractual hourly rate plus an additional $10.00 for each hour
of presentation.
3. Teachers will not receive compensation for
attendance at professional development programs held after school. Teachers will receive compensation if they
are required to attend school department sponsored professional development
programs which occur outside the required 183 days, except as provided in
article III. N. 6.C (newly hired
teachers). Announcements for
professional development opportunities will indicate if teachers will receive
compensation.
4. Teachers
who work for the hourly rate of pay shall receive payment in a timely fashion.
J. Additional Compensation for Visual and
Performing Arts Guests
Only teachers who are recruited from
other schools (who are not regularly assigned to the school) to accompany a
performing arts event will be paid at the contractual hourly rate for the
actual hours they work in the role of the accompanist. The hours must be approved in advance by the
school principal, and subject to funding.
K. Payment Schedule
Teachers will be paid on a bi-weekly
basis commencing with the second Friday of the school year. All teachers will be paid over 24 pay
periods.
All newly hired teachers must have their
checks direct deposited.
L. Preparation Period Compensation
Teachers shall not be assigned to teach
or perform additional duties during their preparation periods. In an emergency, a teacher required to
perform assigned duties shall be compensated at the hourly rate of pay. If the School Department fails to secure a
substitute for an absent employee resulting in students being distributed among
other teachers, all affected teachers shall receive a pro rata share of the
substitute teacher base pay based on the number of students received. The term “emergency” shall mean “an
unanticipated and/or unplanned event that requires immediate resolution.” The same meaning shall apply to other
provisions of the contract when the term “emergency” is used.
M. Adjustment of Pay
If the Department determines that a
reduction in the regular rate of pay is to be made, the employee shall receive
written notice from the Department. The
notice shall include sufficient information to permit the employee to initiate
a grievance based on the notice.
Grievances based on this section may be initiated with the
Superintendent of Schools.
N. Schedule of Salary Increases
1. Attached
to, and made part of this agreement are salary schedules identified as Scale I
(BA), Scale II (MA), Scale III (MA+30), and Scale IV (Ph.D.) for all years of
this agreement. These scales differ from
the system of compensation contained in the predecessor agreements as
follows:
2.
Effective
Effective
with the 13th payroll of the school year, all bargaining unit
members shall receive a 2% salary increase and the salary schedules shall be
adjusted accordingly (as appended).
3. Effective
Effective
with the 13th payroll of the school year, all bargaining unit
members shall receive a 2% salary increase and the salary schedules shall be
adjusted accordingly (as appended).
4.
Effective
5.
The parties agree to discuss
merit allocation following receipt of recommendations from Union/Management
Committee as described in section 12.
The term “parties” refers to the public employer and the officers of the
Chelsea Teachers’
6.
The school year for teachers
shall be scheduled as follows:
a.
One day shall be scheduled at the beginning of the calendar for
pre-school preparation and staff meetings.
b.
Two days shall be scheduled for the purpose of staff development and
in-service. The parties agree to
cooperate on a plan for the scheduling and content of these days to assure
maximum effectiveness.
c.
All teachers who are new to the system or substitute teachers who are
hired to fill a teaching vacancy will be required to attend a three (3)-day
orientation program prior to the start of the work year in the year of initial
employment. These three (3) days shall
be in addition to the regular teacher work year, and, as a condition of
employment, shall not be compensated. A
new teacher who is hired after the start of the work year or after the
orientation period must attend ongoing meetings and orientation of equivalent
duration during the course of the school year. All newly hired teachers
will be placed at no less than Step 2 of the teacher salary schedule.
O. Performance Incentive System
1.
To encourage sustained
professional growth among
2. A
committee, not to exceed ten in number, consisting equally of representatives
from the Chelsea Teachers’
3. Advancement
to the rank of Lead Teacher, Mentor Teacher or Academic Coach (as defined in
Article X of this Agreement) shall be considered a merit appointment. Criteria for selection shall be in
accordance with the provisions of Article X.
P. Expanded Learning Time
Teachers who participate in the Expanded
Learning Time program shall receive an annual stipend based on years of
experience teaching in
2008-09
2009-10
0
– 3 years: $ 9,000
$
9,800
4
– 7 years: (Beginning
of 4th year) $11,500 $12,300
8
years or more: (Beginning of 8th
year) $13,000 $13,800
Payment shall be included in equal
installments in their 24 annual paychecks and shall be retirement-worthy. The stipend payments will be pro-rated for
less than full completion of the expanded learning time duties. The parties agree to re-open this section of
the agreement should the amount awarded in the grant for per-pupil payments change
from the current budget.
ARTICLE
IV
FRINGE
BENEFITS
A. Health and Life Insurance
1. The
health care coverage (or equivalent coverage) including the life and
dismemberment coverage in force on the effective date of this Agreement shall
remain in force and effect for the duration of this Agreement unless changed by
mutual agreement.
2. The
City agrees, however, notwithstanding the foregoing, to assume and pay no less
than seventy-five (75%) percent of the cost of said health care coverage (eighty-five
(85%) percent of the premium for the HMOs) and life insurance. The City further agrees that any improvement
in said health care coverage and/or life insurance coverage and the City’s
contributory rate thereto which is granted to any person or persons in the
employ of the City immediately will accrue to the members of this bargaining
unit. Effective
3. The
School Department will deduct the employee share from payroll checks for
participating members on receipt of proper authorization.
4. On
the date of retirement, coverage under the City’s health insurance plans may be
continued through local group.
5. It
is agreed that should any changes occur in the statutes or city ordinances
affecting health and welfare plans or should any changes be mandated by law,
this agreement will be immediately reopened for negotiations on this subject.
6. The
School Department will facilitate discussions with the City to establish
payroll deductions for a dental program to be fully paid by the participating
bargaining unit members.
7.
The parties agree to implement
an exploratory committee with representatives of the municipal unions for the
purpose of enrollment into a better dental plan.
8.
Flexible Spending Accounts –
The parties agree to establish a committee to explore the possibility of
establishing a Flexible Spending Account for health care and dependent day
care.
B. Tax-Free Annuity
Deductions
for Tax-Sheltered Annuities will be allowed on a twelve-month basis.
C. Pension
It is recognized that under the laws of
the Commonwealth that permanently appointed teachers must become members of the
contributory retirement system.
Retirement benefits are provided in accordance with applicable public
retirement system.
D. Worker's Compensation
1. An
Employee who incurs a job-related illness or injury shall promptly file a
written report on the form prescribed and provided by the school department of
such illness or injury with his/her supervisor.
An employee who is injured in the course of employment and is sent home
or to a medical facility shall receive pay for the balance of the day of the
injury. Time lost during statutory
waiting periods (5 days) in which no Worker's Compensation weekly disability
benefits are permissible may be paid by applying accrued sick leave.
2. Time
lost after statutory waiting periods have been satisfied shall be paid for as
provided under the Massachusetts Worker's Compensation laws (currently
60%). Employees may elect to use partial
accrued sick leave days (40%) to supplement Worker's Compensation weekly
disability benefits to the extent total compensation received does not exceed
their regular pay.
3. In
order to have portions of unused sick leave re-credited to the employee's
account, the Worker's Compensation disability check (not including those
payments made to reimburse for medical benefits) must be endorsed to the City
of
The
parties have agreed to continue negotiations on changes in the Massachusetts
Workers’ Compensation Law.
E
. Severance Pay
Upon
retirement or death, teachers may redeem unused accumulated sick leave in cash
at a rate of $60.00 per day as follows:
Less
than 25 years of service in the
25
or more years of service in the
ARTICLE
V
WORKING
CONDITIONS
A. Teacher Duties
1. The
Committee and the
2. No
teacher will perform bus duty.
3. Teachers
shall not be interrupted during their teaching periods except in cases of an
emergency.
a. Access
to the classroom of any teacher by persons not employed or authorized by the
School Department shall be allowed only after arrangements have been made with
the appropriate administrator and the teacher(s) involved.
b. Where
announcements are made through electronic means, such interruptions normally
will be at a specified time during the day.
4. Whenever
possible, teachers will be given 24 hours of advance notice of administrative
tasks such as completion of forms, data surveys, etc.
B. Teacher Assignment
1. Teachers
will be notified in writing of their program for the coming year, including the
schools to which they are assigned, the grades and/or subjects that they will
teach, and any special or unusual classes that they will have, no later than
the final day of school.
2. In
order to assure that pupils are taught by teachers working within their area of
competence, teachers will not be assigned (except temporarily or for good
cause) outside the scope of their teaching certificate and/or their major or
minor fields of study.
C. Teacher Appraisal System
Preface
The principal purposes of any performance
appraisal system should be to encourage professional development and to
recognize both individual teacher successes as well as areas for individual
teacher improvement. The system should
encourage collegiality among professional educators and sustain the leadership
of principals, directors, and other administrators. When necessary, assistance and guidance for the
new teacher and encouragement and direction for the more experienced teacher
ought to be part of an ongoing, informal series of professional conversations
among teachers and a school's leadership.
Teachers and administrators have a right to presume the fundamental
competence of professional educators.
Therefore, this proposal for the Chelsea
School District's teacher appraisal system aims to promote the professional
development of Chelsea teachers, to promote effective teaching and learning for
Chelsea students, to identify and assist teachers who need support and
encouragement, to appraise the overall teaching performance of individual
teachers, to encourage teachers' self-appraisal, and to foster collegiality
among Chelsea's professional educators.
No member of the teachers’ bargaining unit shall evaluate another member
of the teachers’ bargaining unit.
Supervisors shall evaluate individual
teachers based on the criteria stipulated in the Guidance Document agreement
reached in 2007.
The following procedure shall govern the
performance appraisals of
1. Every
teacher who has not achieved professional status shall receive a written
appraisal yearly. Once a teacher has
achieved professional status, his or her supervisor will issue a written
appraisal every second year. Any teacher
who receives an overall assessment rating of less than effective, shall be
subject to yearly appraisals. [A written
appraisal consists of an evaluator's written assessment of a teacher's
performance.] A teacher who has been evaluated for two or more consecutive
years, will be evaluated every other year following the year in which the
teacher receives a satisfactory evaluation.
2. Because
the Chelsea Teacher Appraisal System encourages continuing support for
teachers, academic and pedagogical leadership among principals and program
directors, and peer mentoring and collegiality, both teachers and supervisors
should discuss frequently, albeit informally, teaching successes, issues, and
problems. Teachers may avail themselves
freely of support and assistance from peers and lead teachers; supervisors
shall be free to suggest to teachers that they might wish to consult with lead
teachers, peers, and others about classroom practices.
3. Because
the Chelsea School District's teacher appraisal system is not dependent upon
any specific formal classroom observation or set of observations, but upon
supervisors' ongoing familiarity with teachers' classroom or program practices,
supervisors should be regular visitors to the classroom or program and should
discuss frequently and informally successes, concerns, or needs with individual
teachers. Therefore, the supervisor's
summary written appraisal will reflect discussions that have been ongoing
during the appraisal period.
4. Beginning
as early as February 1 but no later than May 1 of each school year, a teacher
due for a written appraisal shall present in writing to the supervisor a
written self-appraisal describing in the teacher's judgment what successes and
needs the teacher believes she or he has.
A teacher with status must complete the self-appraisal by April 1 and a
teacher without status must complete the self-appraisal by May 1. The written
self-appraisal should be reasonably brief but ought to address as well the
general criteria listed above. At his or
her discretion, the teacher may append to the self-appraisal any certificates,
unsolicited testimonial letters, or other items from that teacher's individual
professional development portfolio that provide evidence of the teacher's
professional growth. The self-appraisal
becomes a permanent item within the individual's performance appraisal file.
5. Within
four week of receipt of the self appraisal, the supervisor shall
prepare a reasonably brief written assessment
of the teacher's performance, taking into account the teacher's self-appraisal,
and the general criteria of the Guidance Document. The supervisor shall also award an overall
assessment of the teacher's performance according to the following scale:
Satisfactory: The teacher has met or exceeded the general
standards, has demonstrated professional growth, and has demonstrated success
in light of the listed general criteria.
Less
than Effective: The teacher does not
meet the general standards and/or fails to meet the general criteria.
6. Within
three weeks after receipt of the written performance appraisal, the teacher
shall meet with the supervisor to discuss the appraisal. At this conference, the teacher, at his or
her discretion, may present in writing to the supervisor any comments or
reflections about the appraisal that he or she wishes; and such comments will
become a permanent part of the appraisal file.
If the teacher objects to any aspect of the appraisal, the supervisor
shall within one week determine whether or not to modify the appraisal and will
so inform the teacher. The supervisor
will provide a written response reflecting the decision, and the response shall
be included in the appraisal file.
7. If
the teacher remains dissatisfied with the final appraisal, he or she may
petition for a review of the appraisal before the Performance Review
Board. The Board, consisting of an equal
number of representatives appointed by the Superintendent and by the President
of the Teachers’
8. A
teacher's claim that an appraisal is arbitrary or discriminatory may be raised
as a grievance. Claims of failure to
comply with the procedures of this agreement are subject to arbitration. However, the arbitrator shall not have
jurisdiction or authority to make an evaluative judgment or substitute his
judgment for that of the school committee.
9. All
observation of the work performance of a teacher will be conducted openly with
full knowledge of the teacher. Teachers
will be given a copy of any evaluation report, on request, prepared by their
superiors and will have the right to discuss such reports with their superiors.
10. Teachers
have the right, upon request, to review the contents of their personnel
files. A teacher will be entitled to
have a representative of the
11. No
material derogatory to a teacher's conduct, service, character, or personality
will be placed in his/her personnel file unless the teacher has had an
opportunity to review the material. The teacher
will acknowledge that he/she has had the opportunity to review such material by
affixing his/her signature to the copy to be filed with the express
understanding that such signature in no way indicates agreement with the
contents thereof. The teacher will also
have the right to submit a written answer to such material and his/her answer
shall be reviewed by the Superintendent and attached to the file copy.
12. No
teacher will be disciplined, reprimanded, reduced in rank or compensation, or
deprived of any professional advantage without just cause.
D. Personnel Files
1. A
teacher shall receive, as a matter of course, within five school days a copy of any communication received by any
member of the School Department or the School Committee in which the teacher is
named or identified in any manner, whether said communication is signed or
unsigned. Employees have the right to
inspect their personnel files to the full extent permitted by and subject to
applicable law.
2. No
unsigned communication shall become part of the teacher's personnel file. Signed communication shall not be added to
the file until the addition of such material is deemed to be appropriate by the
Superintendent. Prior to making a
decision, the Superintendent shall consult with the particular teacher who may
be accompanied by a Union Representative at the meeting, but the final decision
shall be made by the Superintendent of Schools.
3. If
the teacher's personnel file is reviewed for any reason, the name of the
reviewer, date reviewed and reason for the review shall be affixed to the file
and a copy sent to the teacher. Excluded
from this provision are the Superintendent of Schools, Assistant
Superintendents, Personnel Director, Administrative Assistant, and the
Assistant to the Superintendent.
4. Material
relating to an employee's role in the processing of grievances as advocate,
grievant or witness shall not be placed in an employee's personnel file.
5. An
employee shall have the right to respond in writing to any item contained in
the personnel file. The response shall
be attached to, and made part of the original.
6. An
employee shall have the right to submit any pertinent employment related
material for inclusion in the employee's own personnel file. Upon written
request the employee shall have the right to review and to reproduce any
material contained in the School Department personnel file. With the employee's
approval, the employee's designated union representative shall have the right
to review the file.
7. Pursuant
to applicable state law, employees' medical records will not be kept in the
personnel file.
E. School Facilities
To
the extent feasible in existing buildings and provided that no substantial
capital investment is necessary, and in designing new buildings and
rehabilitating existing ones, the School Committee will provide at the site of
or in each building:
1. Parking
facilities wherever possible.
2. Storage
space in each classroom including space that can be locked by the teacher.
3. An
adequately equipped workroom to be used by teachers in preparing instructional
materials.
4. An
appropriately furnished lounge to be used as a faculty lounge.
5. Well-lighted
and clean staff rest rooms.
6. A
box for each teacher's mail.
7.
A bulletin board or website exclusively for posting of information on
professional development.
8. Library
facilities.
9. Proper
and sufficient equipment for an effective physical education program.
10. Consultation
room for testing purposes and teacher-parent interviews.
11. Bulletin
boards for general building use with a special section restricted for the
exclusive use of the
12. Radiators
in all school buildings shall be covered if they are a cause of danger to the
children.
13. Offices
shall be provided for Department Heads whenever possible in the opinion of the
Principal and Superintendent.
14.
The School Department shall provide security and outside lighting onsite
for the Extended Day Program and for all afternoon and evening activities.
F. Teaching Load; Teaching Programs
1. "Teaching
periods" are those periods in which the teacher is actively involved with
the pupil in the act of teaching.
2. "Homeroom"
classes are those in which the children assemble in the morning and other times
during the day for administrative purposes.
3. "Administrative
periods" are those periods during which the teacher is programmed for
activity other than teaching.
4. Full
time teachers of English at the
5.
Effective with the 2005-2006
school year, the
G. Preparation Periods (For Instructional
Personnel Only)
1.
“Preparation periods" are those periods during which the teacher is
not assigned to a regular programmed responsibility.
a.
Preparation periods shall be used for unassigned professional work
related to teaching in
b. Preparation periods shall be distributed
in each school on an equitable basis.
c. Each
teacher shall receive a preparation period daily.
Pre-kindergarten and Extended Day
Pre-kindergarten teachers who receive planning time, will have such planning
time count towards the negotiated amount of preparation periods.
Any teacher who does not receive his/her
preparation/ planning period
as negotiated will receive compensation
at the contractual hourly rate in accordance with Article III Section L.
d.
At the elementary level, teachers will be allowed to leave the classroom
when specialist teachers are assigned.
During periods when specialists are present, the teachers will be
responsible for assuring orderly transitions at the beginning and at the end of
the class.
e.
Teachers may voluntarily participate in a professional development activity
or attend an IEP meeting during their preparation period. Teachers who do volunteer shall be paid the
contractual hourly rate. There will be
no adverse consequences for a teacher who chooses not to volunteer to
participate in any activity during the preparation period.
H. Notices and Announcements
1. All
School Department directives pertaining to teachers shall be posted on school
bulletin boards for the inspection of teachers and shall be made available to
teachers on request.
2. The
Rules and Regulations of the School Committee shall be posted and maintained on
the School Department website. The
3. The
4. Information
on the accumulated sick leave for each teacher shall be sent to each teacher at
the beginning of each school year. The
information shall be transmitted in a sealed envelope.
5. School
programs should be accessible to the entire faculty of a particular school.
6. A
method of circulating information should be devised in each building to prevent
unnecessary classroom interruptions.
7. All
summer school openings shall be posted and preference given to teachers in the
school system if qualified.
I. Scholarship Standards
1. The
parties agree that continuous study will be given to suiting the curriculum to
the student and developing optimum teaching-learning conditions.
2. The
practice of keeping pupils out of class for activities associated with
recreation and entertainment is to be discouraged.
3. The
parties agree to study the development of a student-mentor program.
J. Student Discipline
1. Student
discipline is the joint responsibility of teachers, parents, and
administrators. All must work together
in a mutually supportive manner to maintain an atmosphere of respect for the
rights of others and one in which maximum learning can take place.
2. Teachers
shall have the responsibility and authority to maintain student behavior. Any pupil whose behavior is disruptive to the
educational process or whose actions threaten the health, safety, or civil
rights of others shall be referred to the administrator by a teacher.
3. Within
the established educational laws and regulations of the school department, each
school shall develop its own discipline policies through the process of the
School Site Council. School-wide rules
are subject to review by the Superintendent.
4. Serious
and recurring offenses may warrant suspension from a teacher's class pending
parent intervention or other appropriate remedy. Normally, during the period of such
suspension the student shall not be returned to the teacher's class or be
placed in the class of another teacher.
K. Assault Cases
1. The
parties recognize that, subject to applicable law, a teacher may use reasonable
force, as is necessary, to protect pupils, other persons, and themselves from
an assault.
2. The
parties further recognize that corporal punishment of pupils is prohibited.
3. Principals
and teachers shall be required to report, in writing, all cases of physical
assault suffered by teachers in connection with their employment to the
Superintendent of Schools. The
Superintendent shall acknowledge receipt of such written statements and inform
said teacher of his/her rights under the law.
4. The
Superintendent shall notify the teacher of his readiness to assist the teacher,
and the School Department shall provide the teacher with the following:
a. Relevant
information about the assailants from the police;
b. Assistance
in preparing for court appearances; and
c. Appropriate
assistance or liaison with teacher, police, and the courts.
5. Legal
Counsel-The School Committee agrees to provide legal counsel to defend any
teacher in any action arising out of an assault on a teacher or any
disciplinary action taken against a student by a teacher provided that the
teacher is not the assailant.
6. Compensation
for lost time-If the physical assault on a teacher results in loss of time,
the teacher shall be paid in full, subject to coordination with Workers’
Compensation benefits and requirements, and such leave shall not be deducted
from any sick leave to which said teacher is entitled. In such cases:
a. The School Department will provide full
pay for lost time during the statutory five-day waiting period prior to receipt
of Workers’ Compensation benefits.
b. During
the period of Workers’ Compensation coverage, the School Department will pay
the teacher the difference between the amount paid under Workers’ Compensation
and the teacher’s regular pay for all periods of lost time.
L. Legal Assistance and Support
1. If
a teacher is injured or a teacher's property is damaged by the willful misconduct
of a student, the teacher may request assistance and advice from legal counsel
for the School Department concerning the teacher’s legal rights.
2. Any
teacher subpoenaed as a witness in a substance abuse or child abuse case or
other action because of or arising out of the employment relationship may
request legal assistance and advice through the School Department or the City
Solicitor's office. A teacher required
to appear in court under this section shall not suffer loss of pay or deduction
from annual or accumulated sick leave.
M. Class Size
The composition and size of classes shall
be in accordance with the State Department of Education policy.
N. Extra-Curricular Activity
1. Compensation
for extra curricular activities shall be paid on the following schedules:
Group I 2.0%
of the employee's annual pay*
Group II 2.5%
of the employee's annual pay*
Group III 3.0%
of the employee's annual pay*
*Or the present rate for current
incumbents, whichever is greater.
2. Group
I
Basketball club (W) Logic club (W)
Baton Twirlers (H) Modern Lang. Club (H)
Computer Clubs (H/W) Newspaper Club (W)
Flag Squad (H) Photography Club (H)
Garden Club (W) RAPP (W)
J.V.
Cheerleaders (H) SADD
(W)
Latin Club (H) Science Clubs (H/W)
Yearbook (W) Student Council Advisor (W)
3. Group
II
Challenge Club (H) SADD (H)
Chess Club (H) Sophomore Cl. Advisor (H)
Freshman Class Advisor (H) Student Council Advisor (H)
Junior Class Advisor (H) TJF Club (H)
4. Group
III
National
Honor Society (H) Varsity Cheerleaders (H)
Senior Class Advisor (H) Yearbook Assistant (H)
Yearbook Advisor (H)
5. All
clubs are subject to approval by the Superintendent of Schools. They shall be placed in the appropriate
groups per agreement between the Superintendent of Schools and the President of
the Chelsea Teachers'
O. Termination of Employment
1. The
required notice of termination of employment is thirty (30) days.
2. The
P. School Calendar
1. The
2. Regular
reporting date (all teachers): As part of their regular work schedule, all
teachers shall report to work one day prior to the opening of classes.
Q. Teachers' work day: after school
The
R. Duty-Free Lunch
Teachers will be given a 25 minute
duty-free lunch period between
S. Hiring of Substitute Teachers
1. Whenever
possible, substitute teachers shall be hired to cover classes of regularly
assigned teachers when they are absent.
2. Special
and/or itinerant teachers should not be used to cover classes in place of
substitutes.
3. In
addition to the one permanent substitute currently assigned to the high school,
the employer shall establish a practice of assigning a minimum of ten
substitute teachers on a daily basis as follows:
a. At
the Hooks, Berkowitz, Kelly, Sokolowski,
b. At
the
c. At
4. The
daily rate of pay for substitutes shall be as follows:
0-90 cumulative days per year $75.00
91-180 cumulative days per year $100.00
5. A
substitute teacher who receives a new assignment to work in the same classroom
for more than 15 consecutive days will receive a daily rate of $100.00, effective
the 16th day for the duration of the assignment.
T. Training Teachers
1. Teachers
cooperating in the training of student teachers shall be known as training
teachers.
2. Qualifications
for training teachers shall include the following whenever possible:
a. Teacher
licensure.
b. Three
years of successful teaching experience.
c. Recommendation
of the student teacher by the school, college, or university requesting such
service.
d. Recommendation
of the student teacher by the Chelsea School Department.
e. Willingness
of the cooperating teacher to work with the college requesting such service and
with the Chelsea School Department in effecting a coordinated training program.
U. Parent-Teacher Conferences
1. As
professionals, teachers are expected to initiate timely communication with
parents to review student achievement or problems. Communication by teachers with parents about
the progress of their children as well as general meetings about school and
curriculum are a significant component of education. All teachers will be expected to attend three
(3) parent-teacher open houses each year which, at the discretion of the School
Site Council, may include two (2) evening parent-teacher conferences and one
(1) open house. Evening open houses will
include provision of security officers and proper outside lighting.
2. The
parties acknowledge that the appropriate extent of teacher-parent communication
may vary by grade, subject area, and individual issues of particular
students.
3.
At the discretion of the
Principal, guidance counselors may be assigned to attend up to three
orientation sessions (such as parent workshops, presentations, etc.) for
parents of students planning to attend Chelsea High School and for parents of
students planning to attend college in lieu of, but not in addition to, the
parent-teacher conferences or open houses referred to in Section 1.
V. Layoff
Layoffs
based on reduction in force
1. Tenured
Teachers-The language in all of the following sections refers only to teachers
who have obtained professional status.
2. Seniority
Determination-Prior to December 15 of each school year, the Superintendent
shall provide to the
Approved
leaves of absence shall not be considered breaks in continuous employment. However, the period of time spent on unpaid
leave of absence shall not be counted in the computation of seniority. The period of time spent on layoff and
subject to recall shall be counted in the computation of seniority.
3. Impact
Areas-Impact area shall mean the area of state licensure in which the teacher
spends the most periods in the regular school day.
An
impact area for any program which does not fit into an existing area may be
established by agreement of the parties.
4. After
the
a. Be
transferred to an open position for which the teacher is qualified, or
b. Replace
an employee with the lowest seniority within the school system in an area in which
the laid off employee is qualified.
"Qualified" in this regard
shall mean the major area of licensure i.e.
the area in which the employee has attained the greatest number of college
credits for those teachers initially employed since January 1, 1984; or for
teachers initially employed prior to January 1, 1984;
a.
Secondary licensure in a subject area with a minimum of 18 hours in the
subject field in addition to student teaching at the secondary level; or
b.
Elementary licensure with a minimum of 18 hours in elementary education
including student teaching at the elementary level.
5. Procedure-The
following procedure shall apply before a reduction in the bargaining unit shall
occur under this paragraph:
a. Notice-Not
later than 10 days after the School Department determines that a reduction in
the number of bargaining unit positions shall occur, it shall send to the union
a list of the affected impact areas and the positions to be eliminated.
b. Consultation-Before
terminating a specific teacher under this paragraph, representatives of the
6. In
cases involving teachers who have identical seniority, preference for retention
or recall shall be given to the teacher who has the highest level of training
in the area in which he/she is teaching.
7. Teachers
who are to be affected by a layoff must be notified in writing no later than
June 15 of the school year preceding the year in which the layoff will take
effect. Said notice shall include the reasons for the layoff.
8. Teachers
who have been laid off shall be entitled to recall rights for a period of two
years from the effective date of the respective lay-off. By recall, it is meant that the Committee
will fill all regular full year teaching vacancies first with qualified persons
on the recall list in the inverse order of layoff. An additional year will be granted provided
the teacher makes such a request in writing to the Superintendent of Schools by
April 15 of the second year on the recall list.
A teacher will be removed from the recall list if he/she refuses to
accept a full time position for which he/she is qualified.
While
members of the bargaining unit continue on the recall list, the Committee
agrees to use this list in the inverse order of the respective layoffs unless
there is no qualified teacher on the list, or until all qualified teachers
decline an offer to fill the vacancy.
During
the recall period, teachers shall be notified by certified mail (return receipt
requested) to their last address of record and be given preference for
positions as they develop in the inverse order of their layoff.
All
benefits to which a teacher was entitled at the time of layoff shall be
restored in full upon re-employment within the recall period. During the recall
period, teachers who have been laid off shall be given priority on the
substitute list if they so desire and will be given absolute preference in
filling any approved leaves of absence for which the teacher is qualified in
the inverse order of their respective layoff and may refuse to accept these
positions without losing their rights to remain on the recall list.
9. Laid
off employees may continue group health and life insurance coverage during the
recall period as provided by the City to members of the bargaining unit by
reimbursing the City for the premium cost.
Failure to forward premium payments to the City or refusal to return to
employment upon recall will terminate this option. The provisions of this section are subject to
the approval of the City Treasurer and/or the appropriate authority.
10. The
Committee agrees to forward to the
11. Teachers
on any approved leave are subject to this reduction in force agreement under
the same terms as a teacher in service.
The layoff clause supersedes rights of return granted under a leave
clause.
12. During
the period of time a teacher is on the recall list, he/she may request
temporary removal from the list for reasons of illness by submitting a letter
to the Superintendent of Schools with a doctor's note verifying the
illness. The teacher may return to the
list by submitting a letter to the Superintendent of Schools with a doctor's
note verifying his/her physical ability to return to employment. The original time on the recall list will not
be extended because of this section.
13. For
the expressly identified term of this agreement, excluding any extensions or
renewals, no teacher shall lose his or her position as a result of the Virtual
Program. This provision shall have no
force or effect after
W.
Extended Day/Work Year and Pre-School
Programs
The
Chelsea School Committee is committed to continue providing year round, full
day programs for children at the
The
following will be applicable for teachers who wish to participate in this
program:
1. Teacher
participation in this program is voluntary, but teachers who elect to serve
will be expected to fulfill their commitments to the program.
2. Teachers
will be selected on the recommendation of the Superintendent. The Superintendent will consult with
teachers, principals, and parents in making a recommendation.
3. Day
school teachers who work additional hours in the program will be paid at the
after school Hourly Rate of Pay (Art. III, J) for time spent on days when
school is in session, and will be paid at their per diem rate (or pro rata of
per diem) for work on days (or portion of days) when school is not in session,
including summer, spring break, school holidays which are not state holidays,
etc.
4.
Effective with the 2004-2005
school year, the Extended Day Program was restructured. Teachers assigned to the program work a 7.5
hour school day and will receive their per diem hourly rate for the extra hour
per day for the contractual work year.
5. The
assignment of a teacher to the Early Childhood Extended Day Program does not
guarantee the teacher work beyond the regular teacher work year for any school
year.
6. All
teachers who are qualified to serve as Early Childhood teachers may be
considered for assignment for vacations and extended year periods. Preference shall be given to teachers
normally assigned to the Early Childhood Program.
7. Any
teacher assigned to the Early Childhood Program may attend the monthly early
release in-service program provided that there is not a conflict with the
teaching schedule. If such a conflict
arises, Early Childhood Program teachers
who are unable to attend the monthly early release in-service will be provided
with alternative in-service training opportunities.
X. Assignments Beyond Regular Teaching
Assignments
The following provisions shall apply to
all assignments beyond regular teaching duties for which additional
compensation (by means of rate of pay, stipend, hourly or per diem payment, or
elevation to a higher salary scale, or otherwise) is provided:
1. The
Superintendent shall have the right to determine which teachers shall be
recommended for assignments for which additional or higher compensation is
provided. These include, but are not
limited to, Department Heads or equivalent, Lead Teachers, teachers assigned to
the extended day or preschool programs, and advisors to activities.
2. The
parties agree that no teacher with professional status or expectation of
continuation of assignment shall be applicable to any such assignment and that
the decision not to select a teacher for,
or not to continue the assignment of a teacher at the expiration of an
assignment, is not subject to
arbitration.
3. Unless
a different duration is stated at the time of the assignment or approved
subsequent to the commencement of the assignment, all such assignments shall
terminate at the end of the school year in which the assignments commence. Unless the criteria for the assignment
presuppose rotation or change in incumbent, such assignment may be renewed or
continued.
Y. School Day
Beginning
with the 1999-2000 school year, the
regular school day for teachers serving at the high school level is increased
by an additional five (5) minutes.
Z.
Mandatory Workshops
All
mandatory workshops shall be approved by the Superintendent of Schools or
designee prior to being posted.
AA. Faculty Meetings
All teachers and other individuals
covered by this agreement are required to attend two meetings each month. One of these meetings shall be scheduled as a
regular staff meeting run by the school’s principal to address school related
matters. The second meeting will be
scheduled to address district-wide issues such as curriculum, student
achievement, assessment of student work and review of initiatives. This meeting may be scheduled by discipline,
by level, or by subject matter and may be scheduled at a central location and
may include teachers from other schools.
Faculty meetings will be scheduled for one hour. In lieu of two meetings
per month, a principal, with the approval of a majority of the members of the
bargaining unit in the school, may schedule one longer meeting per month, for a
duration of up to two hours, to discuss school related matters as well as
district wide issues.
Specialist teachers (such as teachers of
Special Education, English Language Learners, Title I, and Social Workers) are
also required to attend one additional monthly district-wide meeting scheduled
for up to one hour to address specific issues or curriculum directly related to
the district-wide program to which the teacher is assigned.
The parties agree that the principals may
release an individual from a required meeting because of a personal and
non-recurring emergency. The test for
release is the same as the test for dismissing a professional from regular
duties to attend to a personal emergency during the school day.
The parties agree that principals may
release an individual from a required meeting if the individual must attend to
the coaching of a district athletic team and has been selected as a coach of
that team, if the individual must accompany students on an approved excursion
or competition that conflicts with the meeting, or if the individual is meeting
in any other way requirements of a district based assignment that directly
serves or oversees Chelsea students.
The parties agree that in recognition of
the extraordinary need for teachers to meet federal mandates for being “highly
qualified” and in order to meet the needs for teachers to be licensed and
trained in the subject areas for which they sponsor instruction, principals may
release an individual from required meetings to attend an authorized course,
workshop, or training session. However,
a) such releases must be of limited duration; b) the courses individuals attend
must be ones that offer no alternative and non-conflicting meeting times; c)
the courses must be approved and consistent with both school and individual
professional development plans; and d) the release must terminate with the end
of the academic period during which the course is offered.
A teacher may be released from a required
meeting for other reasons only with the approval of the Superintendent.
BB. Lesson Planning
Teachers are expected to use the district
lesson plan template or other standard forms.
Lesson plans should be completed each week. Lesson plans must be available for inspection
by the school’s administration. Teachers
must have lesson plans readily available during the instructional day.
CC. Drug-Free Schools
As
a condition of employment with the
ARTICLE
VI
TRANSFERS;
PROMOTIONS
A. Transfers
1. In
filling vacancies occurring at the end of the school year for the subsequent
year or in filling new positions, due consideration will be given to the
request of teachers within the System for transfer to such open positions. It is recognized that the final decision of
whether or not such transfer will be made must rest with the Superintendent of
Schools.
2. Notice
of such vacancies will be published within the System prior to the end of the
school year, and notices of new positions will be publicized as appropriate.
3. If
the transfer is one that normally would not become effective until the
beginning of the school year, the request must be filed as soon as possible.
4. Notice
of transfer shall be given to a teacher as soon as possible following the
granting of the teacher's request.
5. Any
teacher desirous of transferring in the coming school year shall submit his/her
request to the office of the Superintendent by May 15. This request shall be kept confidential with
the Superintendent.
B. Application for Promotion
1. When
vacancies occur or are about to occur on higher positions or more desirable
positions or when new positions of comparable status are to be established, a
two (2) week notice of such circumstances shall be posted on the appropriate
school bulletin board by the appointing authority and circulated by the
Superintendent to all teachers.
2. Qualifications,
requirements, duties, salary, and other pertinent information shall be
categorically set forth.
3. Applications
should be solicited from personnel, within and without the City, who believe
themselves qualified by reason of experience, training, capacity, and general
ability to execute proficiently all the demands of the position.
4. Such
applications shall be in writing and shall set forth the basis on which the
applicant solicits consideration. Two
(2) weeks notice should be allowed for such submission of applications.
5. Consideration
shall be provided for outside supervisory experience when rating for an
administrative position. Experience in a
private school or college of an accredited nature shall also be considered.
6. Experience
in teaching abroad may be submitted for consideration for promotional purposes
when such experience is acquired in Federally operated schools and other schools
approved by the School Committee.
ARTICLE
VII
LEAVES
OF ABSENCE
A. Sick Leave
1. Every
member of the bargaining unit shall be credited with an annual leave of fifteen
(15) days without loss of pay for absence caused by illness. Sick leave may be used for the care of an ill
family member who resides in the same household as the employee. A part-time employee will receive sick leave
and personal leave on a pro-rated basis.
Teachers who are not in active service at the beginning of the school
year and who are on an approved unpaid leave, or who are on a paid leave
through the sick leave bank will be credited with pro-rated sick days upon
return to work from such leave.
2. With
prior approval, employees may utilize sick leave for time off required for
medical treatment. Employees are
expected to schedule such treatments outside of regular school hours whenever
possible.
3. Such
leave not used in the year of service for which it is granted shall be
accumulated for use in subsequent years.
4. Any
accumulation of sick leave days which employees have at the effective date of
this section of the Agreement shall be retained.
5. If
a teacher begins employment other than at the beginning of the school year or
leaves the Chelsea School Department prior to the completion of his/her
contract sick leave shall be pro-rated at the rate of one and one-half (l l/2)
days per month.
6. Abuses
of sick leave will be treated as individual disciplinary cases by the
Superintendent.
7. Extension
beyond the stated sick leave may be granted in exceptional circumstances at the
discretion of the Superintendent of Schools.
8. Teachers
whose services are terminated for any reason shall not be entitled to
compensation in lieu of any sick leave not taken.
9. Except
on reinstatement after an approved leave of absence, no sick leave credit for
prior employment will be allowed to any teacher rehired after a termination of
service.
12. Teachers
with professional status may be allowed to borrow days from the sick leave
allotment of the succeeding year. In the
event of departure from the Chelsea School System, restitution for borrowed
time shall be made.
13. There
shall be established a sick leave bank to be administered solely by the Chelsea
Teachers'
The
unit will designate a Coordinating Committee consisting of one teacher from
each school to consult with the Superintendent as to any problems that may
arise in administering the bank. Each
teacher who wishes to participate in the sick leave bank shall contribute one
day of his or her unused accumulated sick leave to the bank. Each day contributed will be subtracted from
that teacher's individual accumulated sick leave. From time to time thereafter, the bank will
be replenished by donation of one day by each teacher who wishes to continue
participating. The additional donation
will be made whenever the total number of days remaining in the bank is reduced
to fifty. Before drawing on the bank, an
eligible teacher must first have exhausted his or her own accumulated sick
leave and further lost ten consecutive days of pay due to illness or
injury. Upon retirement or death, a
teacher or the estate of the teacher may donate any unused sick leave days to
the sick leave bank. There shall be a
cap of 183 days for sick leave bank usage by any individual.
14. A
teacher with professional status who has an accumulated sick leave balance of
at least 45 days at the end of a school year, shall be entitled to buy back up
to five days from his/her accumulated sick leave bank at the end of each school
year in accordance with the following chart:
Days absent #of days eligible
due to illness to buy back Amount
0 5 $1000
1 4 $ 800
2 3 $ 600
3 2 $ 400
4 1 $ 200
5 0 NONE
It is understood that the above is
exclusive of any donation to the Sick Leave Bank.
B. Funeral Leave
1. Teachers
will receive up to five days off with pay in the case of a death in the
immediate family. The term immediate
family means the teacher's spouse, child, father, mother, sister, brother,
grandparents, mother-in-law, father-in-law, or any relative residing in the
same household.
2. A
teacher may be granted one day's absence for the funeral of the teacher's or
spouse’s aunt, uncle, niece, nephew, grandparent, brother-in-law, or
sister-in-law.
3. Days
granted for funeral leave will not be deducted from an employee’s annual and/or
cumulative sick leave.
4.
Funeral days are consecutive school days immediately following or
including day of death; however, if the death occurs on a day after the teacher
has reported for duty, such day shall not be counted as a funeral day. Weekends are not considered school days. Holidays, vacations, or suspended sessions
shall be considered school days. If a
death occurs when school is not in session, teacher may not be entitled to all
days.
5. Permission
to attend the service shall be granted to at least one teacher per building in
the case of death of a teacher retired from that building.
6. The
discretion of the Superintendent shall be exercised on the occasion of a death
of a teacher in the Chelsea School Department.
7. Teacher
representatives shall be permitted to attend funeral services of families of
their colleagues when arrangements can be made among the faculty with the
approval of the Principal.
C. Personal and Religious Leave
1. Each
teacher shall receive three (3) days annually for personal leave and three (3)
days annually for religious leave. Two
(2) of the total of six (6) days which may be taken for personal or religious
purposes will not be deducted from accumulated sick leave. If either or both of these two days are not
taken they will be added to the individual’s sick leave accumulation in the
following year.
The
use of personal days should be requested at least two (2) school days in
advance whenever possible. In the event
a teacher cannot give advance notice because of an immediate emergency
situation, the personal days will be approved.
Teachers
who request personal leave for a personal emergency are not required to
state the reason for the request. The
request will be approved by the administrator unless there are compelling
reasons for denial. Such reasons may
include district-wide or school-wide testing (known in advance) or absences for
a large number of teachers already approved.
Any
teacher whose request has been denied has the right immediately to appeal the
denial to the Superintendent, and the Superintendent or his designee shall
review the request and render a decision within twenty-four hours. Teachers who are appealing a denial may wish
to provide more complete information about the request, but they are not required
to do so.
Personal
leave days may not be granted immediately preceding or immediately
following a scheduled vacation or holiday period although by contract the
Superintendent may grant a paid personal day if a case so warrants.
The
Superintendent may also grant unpaid personal leave “without prejudice” if the
case so merits.
2. Religious
leave may be used for the observance of religious holidays.
3. Personal
leave may be used for personal emergency but not for personal convenience. ‘Emergency’ includes home, personal, or
family exigencies that the teacher is unable to schedule for non-school hours,
including care of the immediate family or permanent members of the household
and
4. The
employer expects teachers to use personal days only for reasons included in
Number 3 above.
5. All
requests for personal leave shall be answered within two working days following
receipt of the request.
D. Commencement Leave
1. A
regular employee may be granted leave of absence with pay for one (1) day to
attend commencement exercises at which he will be awarded a degree or
professional diploma in education. A
regular employee may be granted leave of absence with pay for one (1) day to
attend graduation exercises at which a member of his immediate family will be
awarded a degree or diploma which represents the completion of at least two (2)
years of post-high school study. Such absence will be deducted from the annual
and/or cumulative sick leave.
2. For
the purpose of this regulation, immediate family is defined as father, mother, spouse,
son, daughter, sister and brother.
E.
Sabbatical Leave
1. Granting
of sabbatical leave shall be predicated upon demonstrable professional growth
and promise as evidenced by recommendations of superiors; award of
scholarships, fellowship or grant; participation in graduate program leading to
a higher degree, certificate, or academic concentration.
2. Sabbatical
leave of absence not exceeding one year for approved study may be granted a
member of the professional staff after seven (7) consecutive years of service
in the schools of
3. Requests
for sabbatical leave of absence shall be made before April first of the school
year previous to the school year for which leave of absence is requested. Decisions on leaves shall be made at the
School Committee meeting following the April 1 deadline, whenever possible.
4. Application
for sabbatical leave will be made on a form furnished by the
Superintendent. A statement of the plan
for the sabbatical period shall be submitted.
5. A
member of the professional staff on sabbatical leave shall receive a salary
equal to the full annual salary to which he or she would have been entitled had
he or she remained in the school system that year. For teachers, salary will be interpreted to
mean the basic salary excluding supplemental payments for special assignments.
6. No
more than five (5) teachers may be on sabbatical leave during the same school
year.
7. Prior
to the granting of such a leave, an applicant shall enter into a written
agreement with the Chelsea School Committee that upon termination of such leave
he will return to service in the Chelsea Public Schools for a period equal to
twice the length of such leave and that, in default of completing such service,
he will refund to the city or town an amount equal to such proportion of salary
received by him while on leave as the amount of service not actually rendered
as agreed bears to the whole amount of service agreed to be rendered.
8. In
granting leave the School Committee will take into consideration the
recommendations of the Superintendent and the educational value to the Chelsea
School System of the proposed project.
The decision of the Superintendent and the School Committee shall be
binding.
F. Military Leave
Military leave of absence without pay may
be granted to a permanent teacher inducted into the Armed Forces for the
required length of service, according to the terms of the Selective Services
and Training Act of 1940, and subsequent amendments by Congress.
In accordance with the FMLA, eligible
teachers are entitled to the following leaves
relating to Military Leave:
Active Duty Leave – Up to
12 weeks of unpaid leave because of “any qualifying exigency” arising out of
the fact that the spouse, son, daughter, or parent of the
teacher is on active duty or has been notified of an impending call to active
duty, in support of a contingency operation.
Injured
Service Member Leave - An eligible teacher who is the spouse, son, daughter,
parent, or next of kin of a covered service member who is recovering from a
serious illness or injury sustained in the line of duty on active duty is entitled
to up to 26 weeks of unpaid leave in a single 12-month period to care for the
service member. This military caregiver leave is available during “a
single12-month period” during which an eligible teacher is entitled to a
combined total of 26 weeks of all types of FMLA leave.
G.
Organized Reserve Forces
The Chelsea School Committee shall
continue to exercise its discretion in considering the request of any teacher
who is a member of a reserve component of the Armed Forces of the United States
in accordance with Section 59 of Chapter 33 of the General Laws for a leave of
absence without loss of pay during the time of his annual tour of duty as a
member of such reserve component.
H. Maternity/Parental/Adoptive Leave
1. Maternity/Adoptive/Parental
leaves will be granted to teachers in accordance with
2. Eligible
female teachers are entitled to a Maternity Leave of eight (8) weeks for the
purposes of childbirth or adoption. Teachers on Maternity Leave as a result of
pregnancy and/or childbirth may apply their accrued sick leave to an approved maternity
leave period. If an employee exhausts
her sick leave before the end of the maternity leave period, the remainder of
the leave will be unpaid.
3. If,
in the case of pregnancy and/or childbirth, medical incapacitation of either
the teacher or the child extends beyond the eight (8) week period, an employee
may request an extension of her maternity leave. If unused sick time is available, it may be
applied to the approved extension of the Maternity Leave.
4. The
time spent on maternity leave will also be utilized as Family and Medical Leave
and will be deducted from the annual twelve-week Family and Medical Leave
allotment.
5. It
is recognized that sick leave may be utilized for the care of an incapacitated
spouse, child, or for the teacher for medical reasons relating to pregnancy.
6. A
teacher on maternity/parental/adoptive leave shall notify the Superintendent of
Schools of his/her intent to return at any time after the commencement of the
leave and shall be reinstated as soon as a vacancy for which he/she is
qualified occurs.
7. A
teacher returning from a maternity/parental/adoptive leave of absence will be
returned to his/her previous position or a substantially similar position and
will retain the seniority held at the time the leave became effective. Salary placement shall be at the next step of
the salary schedule if the teacher served one-half or more of the year in which
the leave was granted.
8. Provisions
of this section shall apply to adoptive parents.
9. Under
certain circumstances, a teacher may be eligible for a maternity/parental/
adoptive leave of absence under the Family and Medical Leave Act. Teachers should contact the Director of Personnel
for information regarding eligibility and qualifying events under the FMLA.
10.
At the Superintendent’s sole
discretion, a teacher with professional status and less than five (5) years of
service may be granted an unpaid extension of his/her Maternity/Adoptive/Parental
leave. If such a personal leave is
granted, the teacher must comply with any notice requirements or other
conditions regarding the anticipated return to work that are imposed by the
Superintendent at the time the leave is granted. Any notice requirements or other conditions
will be included in the letter officially granting the leave. Failure to adhere strictly to the stated
requirements or conditions hall be deemed a voluntary resignation not subject
to the grievance procedure.
I. Family and Medical Leave Act
Eligible
teachers are entitled to leave under the Family and Medical Leave Act including
Military Leave provisions noted in Section F All leave taken for qualifying
events under FMLA shall be applied to an individual’s FMLA allotment. An employee is entitled to a maximum of
twelve (12) work weeks of FMLA leave during any twelve (12) month period
calculated on a “rolling” calendar basis. Teachers should contact the Director
of Personnel for information regarding eligibility and qualifying events under
the FMLA.
J. Jury Duty
Jury duty leave shall be granted under
the provisions of Massachusetts General Laws, Chapter 234A, Section 48. Any employee who is called to jury duty shall
have his or her salary paid by the School Department for all days served. The
employee shall remit to the School Department any fees received for performing
jury duty.
K. Detached Service Leave
1. Upon
request of the President of the
2. An
employee on Detached Service Leave shall enjoy all the rights and benefits of
the collective bargaining agreement.
Upon return to full time service, the employee shall be returned to
employment in the position held at the time the leave commenced.
3. The
L. Leaves of Absence (paid and unpaid)
A
teacher with professional status and at least five (5) years of service in the
1. The
leave must be for the entire school year and must be requested in writing by
August 1 immediately prior to the school year during which the leave will
occur;
2. Written
notice of the teacher's intention to resume employment with the Chelsea Public
Schools or to resign his/her position must be given to the Superintendent of
Schools not later than June 1 of the school year for which the leave was
awarded;
3. The
teacher's failure to give written notice by June 1 of his /her intent to resume
employment and /or the teacher's failure to commence the regularly scheduled
school year shall be deemed a voluntary resignation and such termination shall
not be subject to grievance or arbitration;
4. All
requests for leaves of absence beyond one (1) school year or for the extension
of an existing leave of absence may be granted at the discretion the
Superintendent of Schools and shall be subject to grievance but not to
arbitration.
ARTICLE
VIII
SCHOOL
SITE COUNCILS
A. School Site Councils
1. The
parties agree that teachers, parents, administrators, community
representatives, and students when appropriate should collaborate at the school
level to develop programs which meet the needs of the students. Toward this end, the parties agree to establish
a School Site Council at each school to foster school-based educational goals
and staff development and to carry out the function of the School Councils as
delineated in Massachusetts General Laws, Chapter 71, Section 59C.
2. The
School Site Council (SSC) will be encouraged to develop proposals regarding,
but not limited to, the following: curriculum and staff development, student
discipline and behavior standards, facilities and equipment, scheduling,
staffing, community involvement, school budget and resources, before and after
school programs, and other areas delegated to the SSC by terms of this
agreement. The SSC will be asked to
conduct an assessment of the needs of the school and will be encouraged to
develop new local initiatives to address these needs.
3. The
SSC will include the principal, four teachers, three parents in that school, a
community member appointed by the Principal, one member of the support staff
elected by the support staff at the school, and at the high school, one male
and one female student. The teachers
serving on the Council will include one Union Building Representative and three
teachers elected by their peers.
Teacher, parent, community and
student representatives shall be selected/elected according to the rules governing
School Site Councils as stated in Massachusetts General Laws Chapter 71,
Section 59C.
Each School Site Council shall post its
meeting schedule and agenda in accordance with the Open Meeting Law. Each council shall maintain minutes and shall
post official minutes on the school’s bulletin boards.
4. Proposals
of the Council which cannot be approved by the Principal alone will be
forwarded to the Superintendent for action.
5. Proposals
can include requests for additional funding from within the School Department
budget, grant applications, new programs and curriculum designs.
a. It
is recognized that the Councils may propose program innovations which conflict
with current policies or the negotiated agreement. In the event that a
provision of the collective bargaining agreement inhibits the execution of a
school-based proposal, the Council may seek a waiver from the
b. A
proposal from a School Site Council may include a request for school-based
waivers of School Department policies.
6. Each
year the SSC shall submit the required report to the state on the expenditure
of School Improvement funds as well as a summary report of all its activities
and results for the year to the School Committee and the community.
7. The
School Committee, in consultation with the
8. Participation
on the Council requires a commitment of time and energy on the part of all
members. The parties recognize that the
efforts of the Councils may result in additional staff work and require time to
complete projects outside of the normal Council meetings. It is further understood that the Councils
may need to purchase outside services and supplies to complete their work. Therefore, each School Site Council shall
receive an annual operating budget of $1,500 for lawful expenditures in support
of the work of the Council which may include compensation of individuals for
services and the purchase of outside services and supplies.
ARTICLE IX
PROFESSIONAL IMPROVEMENT
The parties recognize that one critical
factor in developing and maintaining an excellent public school system is the
professional development of teachers. To
achieve this goal, the district and school leaders will develop professional
development plans, aligned with the School Improvement Plan and the No Child
Left Behind Act of 2001 District Plan, that will enable teachers to increase,
enhance, improve, learn and acquire content knowledge and pedagogical skills
consistent with the requirements of the Education Reform Act of 1993, and the
No Child Left Behind Act of 2001.
The No Child Left Behind (NCLB) Act of
2001 requires that all students be taught by highly qualified teachers in the
core academic subjects by the end of the 2005-2006 school year (“core academic
subjects” as defined under NCLB). In
order to meet the highly qualified definition as described by NCLB,
A. Curriculum Standards
1. Teachers
are to have a voice in curriculum planning.
2. The
parties agree that a continuing curriculum evaluation study shall be an
integral part of the activity of the teachers of
3. Teachers
shall be consulted and notified in advance of any changes in curriculum prior
to the date it will take place.
B. Conferences
Teachers
are to be allowed to attend professional conferences or conventions on approval
of the Superintendent.
C. In-Service Training
1. The
2. Reimbursement
for courses shall not exceed one hundred thousand dollars per school year.
3. The
employee may apply for tuition reimbursement prior to the beginning of the
course or seminar. The approval process
shall be completed within one week and a voucher will be provided to the
teacher to cover the approved cost of tuition and laboratory fees.
4. Upon
completion of the program for which the advance reimbursement was received, the
employee shall submit documentation in the form of a grade card, certificate,
transcript or other proof that the course or seminar was successfully
completed. Failure to produce this
documentation may result in the employee being required to repay all funds
advanced.
5. A
teacher on a Sabbatical Leave of Absence is not eligible for tuition remission
during the period of leave.
D.
Tuition Reimbursement/BU Scholarships.
Preference for tuition reimbursement and
available teacher scholarships from
E. Academic Freedom
1. Each
teacher is entitled to freedom of discussion within the classroom on all
matters which are relevant to the subject under study and within his area of
professional competence. Every
reasonable effort shall be made by the teacher to discuss all sides of an issue
as objectively as possible.
2. Teachers
shall be solely responsible for the grading of students. No minimum or maximum limitation shall be set
on the number who pass or fail. The
grade entered into any pupil's record by his/her teacher shall not be changed
by anyone except the teacher consistent with
F. Textbooks; Teaching Materials
1. Opinions
and suggestions as to the kind of textbooks and other teaching materials
purchased shall be sought from academic personnel with final recommendation to
the Committee made by the Superintendent.
2. No
textbook in active use in secondary schools shall be collected earlier than two
(2) days before the close of school.
G. Use of Material Created by Teachers
1. The
Union and School Committee agree to create a committee of three persons
selected by the Union President and three persons selected by the employer to
present recommendations regarding issues of patent, copyright, and use and
ownership of materials created by teachers.
2. Subject
to applicable laws, the committee shall make recommendations concerning
teachers' rights and interest in materials produced or created by them and the
interests and rights of the school system regarding the use and ownership of
such materials. In addition, the
committee shall make recommendations on other relevant issues relating to use
of such materials within and outside the
3. The
committee shall provide its report and recommendations to the
H. Education Reform Act
The
parties recognize that one critical factor in developing and maintaining an
excellent public school system is the professional development of
teachers. To achieve this goal, the
school system shall develop and implement a professional development strategy
which will enable teachers individually and collectively, to increase, enhance,
improve, gain and update existing knowledge and skills consistent with the
requirements of the Education Reform Act of 1993.
ARTICLE
X
SPECIAL
SERVICES
A. Lead Teachers,
1. At
each level of the school system (high school, middle school, elementary school,
early learning center), status teachers may be considered for advancement to
the rank of Lead Teacher, Mentor Teacher or Academic Coach. Lead Teachers, Mentor Teachers or Academic
Coaches shall be selected based on their proven record of excellence teaching,
excellent classroom management and excellent interpersonal skills as recognized
by the staff of that school in which the teacher is housed. The candidate for Lead Teacher, Mentor Teacher, or Academic Coach must be
ready to assume the responsibilities of that position, including serving as a
model and trainer for other teachers assigned to him/her.
2. The
duties of each specific Lead Teacher, Mentor Teacher or Academic Coach position
will be described on the position announcement and posted in accordance with
Article VI section B1. The following are
examples of the duties anticipated for Lead Teacher, Mentor Teachers or
Academic Coaches:
a. Guide,
coach and train new teachers;
b. Develop
in-service training for individuals and groups of teachers;
c. Participate
in school-wide projects related to teaching, curriculum and education reform.
3. Proposals
for Lead Teacher, Mentor Teacher or Academic Coach positions may be developed
by the School Site Councils or the Superintendent.
4. Lead
Teachers , Mentor Teachers or Academic Coaches shall be appointed by the
Superintendent. In addition to the use
of teacher evaluations, the Superintendent shall consult with the
administrators and the teachers of the school in evaluating the qualifications
of candidates for the position of Lead Teacher, Mentor Teacher or Academic
Coach.
5. The
assignment of a teacher to the position of Lead Teacher, Mentor Teacher, or
Academic Coach shall be for one or two years.
Assignments may be renewed.
6. Lead
Teachers, Mentor Teachers, or Academic Coaches shall be advanced to the next
higher salary scale for the duration of their assignments.
7. The
School Department will provide to the President of the
B. Guidance Counselors
1. The
duties of guidance counselors shall be defined.
2. Counselors'
duties should be related solely to the guidance program.
C. Department Heads
1. The
duties of a Department Head shall be defined.
2. Department
Heads should not be utilized as substitutes.
3. Department
Heads shall not be assigned a homeroom if possible.
D. Librarians
1. Whenever
possible, a library which meets the standards of the American Library
Association shall be established in each school and used exclusively as a
library.
2. Whenever
possible, a library program conducted by a certified librarian or a teacher
with equivalent training and experience shall be an integral part of the
program in every elementary and secondary school.
3.
Librarians
shall be used solely for library purposes except in an emergency.
E.
Occupational Therapists
1.
The
following provisions do not apply or apply as described herein to Occupational
Therapists:
a.
Compensation for loss of preparation periods (Article III.K);
b.
Provisions relating to teacher duties (Article V.A); teacher assignment
(Article V.B); teacher evaluations (Article V.C); teaching load and teaching
programs Article V.F); preparation periods (Article V.G); scholarship standards
(Article V.I); class size (Article V.M); hiring of substitutes (Article V.S);
training of teachers (Article V.T); and the extended day/work year and
pre-school programs (Article V.W).
c.
For the purposes of layoff based on reduction of force (Article V.V),
the parties agree to treat occupational therapists as an Impact Area for those occupational
therapists who have completed at least three years of continuous
d.
Eligibility for the provisions of sick leave (Article VII.12, 13 and 14)
requires the occupational therapist to have completed at least three years of
continuous
e.
For purposes of the grievance and arbitration procedures, in Article
XII.9 and XIII.6, the provisions reserved for teachers with professional status
do not apply to occupational therapists.
For purposes of leaves of absence
(Article VII.L), occupational therapists must have completed at least five
years of consecutive service in the
ARTICLE
XI
EMPLOYEE
RIGHTS
A. Discipline
1. No
employee shall be disciplined without just cause. Discipline may include verbal warnings,
written reprimands, suspensions, termination from assignments during the term
of such assignments, and termination of employment.
2. Normally,
discipline will be imposed progressively and will increase in severity with
repeated infractions or omissions.
3. The
employer shall provide written reasons for the action to the employee and to
the
4. When
imposing discipline or when giving reprimands, warnings, or criticism,
confidentiality and privacy appropriate to the professional relationship shall
be maintained.
5. An
employee may appeal any disciplinary action undertaken by the employer by
filing a grievance under the procedures set forth in this agreement.
B. Representation
When a supervisor calls an employee to an
investigatory conference or meeting where it is evident, or the employee
reasonably believes, that disciplinary action may result, the employee shall be
permitted, upon request, to be accompanied by, and represented by a Union
representative.
1. When
the employee requests to be represented by a Union representative, the meeting
shall be recessed to permit the employee an opportunity to secure the requested
assistance.
a. The
Union representative may require the supervisor to state the general nature of
the investigation and to identify the alleged misconduct and discipline which
may be imposed.
b. The
Union representative may, thereafter, request to meet with the employee for a
reasonable period of time before the meeting resumes to identify the facts from
the employee's perspective, to advise the employee of the rights conferred by
this Agreement, and to prepare the employee's defense.
c.
For
the purposes of this Section, a Union representative may be an officer or
employee of the
ARTICLE
XII
GRIEVANCE
PROCEDURE
A. Definition
For the purposes of this Agreement, a
grievance shall be defined as a complaint between the Committee and
B. Adjustments of Grievances
1. A
grievance must be presented within ten (10) school days of the time of the
occurrence of the alleged contract violation and must be processed in
accordance with the steps, time limits, and conditions as set forth below.
2. An
employee shall present the grievance to the school principal with the objective
of resolving the matter informally. The
employee may be accompanied by another teacher or by a Union Representative. The principal shall communicate a decision on
the matter within seven school days of this meeting.
3. If
the grievance is not satisfactorily settled at this step, it may be reduced to
writing by the teacher within three (3) school weeks after receipt of the
Principal's answer and be presented to the Superintendent of Schools. The Superintendent or his designee, the
teacher, and the Union designee shall meet to discuss the grievance. The Superintendent shall elect whether this
discussion shall take place during working hours. The Superintendent, or his designated
representative, shall give his written answer to the grievance within ten (10)
school days following the conclusion of the meeting.
4. If
the grievance is not satisfactorily settled at this step, it may be appealed in
writing within ten (10) school days after receipt of the written answer of the
Superintendent by the teacher to the Committee.
The Committee, or its designated representative, the teacher, and an
authorized Union representative shall meet to discuss the grievance as promptly
as possible, normally within fourteen (14) days, at a time designated by the
Chairman of the School Committee. The
School Committee will be informed in writing at least three (3) days prior to
the meeting of the names and titles of the person or persons who are to represent
the teacher and the
5. If
no satisfactory settlement of the grievance is made, it may be appealed to
arbitration by written notice of such intention to appeal within ten (10)
school days after the receipt of the written answer under Step 4. This appeal to arbitration shall be in
accordance with the procedure and conditions set forth in Article XIII.
6. A
grievance not initiated within the time specified shall be deemed to be
waived. Failure of the Union to appeal a
decision within the time limit specified will mean that the grievance shall be
considered settled on the basis of the decision last made and shall not be
eligible for further appeal. Failure of
the School Committee to answer an appeal within the time limit specified shall
mean that the appeal may be taken to the next step immediately. The above limitations may be waived by mutual
agreement of the parties.
7. No
reprisals of any kind will be taken by the School Committee or any member of
the Administration against any party in interest, any school representative,
any member of the
8. The
School Committee will, upon request, provide the Union with any documents in
its possession which will assist the Union in developing intelligent, accurate,
informed, and constructive programs on behalf of the teachers and their
students, together with any other available information or approved minutes of
the School Committee which may be necessary for the Union to process grievances
under this Agreement.
9. The
remedy for a teacher with professional status who is dismissed shall be in
accordance with the provisions of M.G.L. Chapter 71, Section 42.
ARTICLE
XIII
ARBITRATION
Section 1.
In
the event either party elects to submit a grievance to arbitration, the
arbitrator shall be selected according to and shall be governed by the
following procedure:
The
arbitrator is to be mutually selected by the Committee and the
Section 2.
Each party shall bear the expense of
its representatives, participants, witnesses, and for the preparation and
representation of its own case. For the
duration of this agreement, the preceding sentence shall be governed by the
side agreement relating to payment of witnesses attending hearings.
The
fees and expenses of the arbitrator and the American Arbitration Association
shall be shared equally by the parties provided that the obligation of the
Committee to pay shall be limited to the obligation which the Committee can
legally undertake in that connection. In
no event shall any present or future member of the Committee have any personal
obligation for any payment under any provision of this Agreement.
Section 3.
Notwithstanding
anything to the contrary, no dispute or controversy shall be a subject for
arbitration unless it involves only an alleged specific and direct violation of
express language of a specific provision of this Agreement; the arbitrator
shall have no power to add to, subtract from, or modify any of the terms of
this Agreement. The parties are agreed
that no restrictions are intended on the rights and powers of the Committee
except those specifically and directly set forth in express language in
specific provisions of this Agreement.
The arbitrator shall arrive at his decision solely upon the facts,
evidence, and contentions as presented by the parties during the arbitration
proceedings.
In
determining whether there is a specific and direct violation of express
language of a specific provision of this Agreement, it is agreed that the only
criterion to be applied is the plain meaning of express language in the
Agreement.
Section 4.
If
either party disputes the arbitrability of any grievance in any appropriate
Court of Law or Equity, it is agreed that said Court shall determine the
question of arbitrabilty de novo
applying the principles set forth in Section 3 above without according any
weight to any decision on arbitrability that may have been previously made by
the arbitrator.
Section 5.
Subject
to the limitations in Section 3 and 4 above, the decision of the arbitrator
shall be final and binding upon the parties hereto and upon any employee or
employees affected thereby.
Section 6.
The
remedy for a teacher with professional status who is dismissed shall be in
accordance with the provisions of M.G.L. Chapter 71, Section 42.
ARTICLE
XIV
UNION
PRIVILEGES AND RESPONSIBILITIES
A. Professional Consultation
1. The
parties recognize that the success of the
2. It
is further agreed that the provisions of this section will in no way be
construed as broadening the scope of other sections of this Agreement or
broadening the application of this Agreement as a whole; nor will these
provisions make any matter a grievance that would not be a grievance in the
absence of these provisions nor make any matter a mandatory subject of
discussion at any time other than at the consultations described in this
Section that would not be a mandatory subject of discussion in the absence of
the provisions of this Section.
B. Union Activity on School Property
1. Any
discussion among teachers concerning Union matters on School Committee property
must take place while all of the teachers involved in such discussion are on
break or other free non-working time and not in the presence of students.
2. Representatives
or Agents of the Chelsea Teachers'
3. Union
notices may be posted on school bulletin boards located in the teachers' room
in the building.
a. If
the notice is signed by an authorized representative of the
b. If
the content of the notice is limited to announcement of recreational or social
activities; or announcement of elections, appointments, and results of
elections; or announcements of meetings; or professional matters. Any such notices shall be limited to
presenting factual data and shall in no event contain any inflammatory language
or intent.
C.
Fair Practices
1. As
sole collective bargaining agent, the
2. The
Committee agrees to continue its policy of not discriminating against any
person on the basis of race, color, creed, national origin, age, sex, marital
status, disability, or participation in or association with the activities of
any employee organization. Nothing in
this agreement shall prevent the employer from taking any action necessary to
comply with the requirements of the American with Disabilities Act.
3. There
shall be no discrimination, interference, restraint, or coercion by the School
Committee, the Teachers'
D.
Deductions for Dues Check-Off /Agency
Service Fee/COPE Deductions
1. The
2. The
deductions of Union Dues, Agency Service Fee or COPE will be made upon receipt
of a form provided to the employee for the purpose of these deductions. Such form shall be approved for use by the
Chelsea School Department and must be signed and dated by the employee.
3. As
a condition of employment all members of the bargaining unit who are not
members of the Chelsea Teachers’ Union, Local 1340, American Federation of
Teachers, AFL-CIO shall pay to the Chelsea Teachers’ Union an Agency Service
Fee which shall be assessed in compliance with Chapter 903 of the Acts and
Resolves of the General Court of the Commonwealth of Massachusetts as adopted
in 1977.
E. School
Meetings
The authorized representative of the
F. Allowed Time for Union Negotiations
1. The
Principal shall recognize the Union Building Representative as the official
representative of the
2. The
Principal shall meet no more than once a month after school hours with the
School Union Committee of three (3) representatives in each school to consult
on local school problems and policies as they relate to established Committee
policies and procedures and this Agreement.
No other committee composed of bargaining unit personnel shall exist for
this purpose. Both parties shall submit
items for the agenda.
3. The
discussion of other matters, as agreed upon for discussion by the Principal and
the School Union Committee, is not precluded by the above. However, the Principal and the School Union
Committee do not have the authority to reach any decision which changes this
Agreement or any established School Committee policy or procedure.
G. School Committee Meetings; Minutes
A
copy of the minutes of all School Committee Meetings shall be made available to
the official Union representative.
H. Existing Laws and Regulations Preserved
The
rights and benefits of persons provided herein are in addition to those
provided by City, State or Federal law, rule or regulation, including without
limitation all applicable teachers with professional status, pension, or
education laws and regulations.
ARTICLE XV
HANDLING
OF NEW ISSUES
Matters of Collective Bargaining not
covered by this Agreement may during the life of the Agreement be handled in
the following manner:
By the Committee:
Except as any change may be commanded by
law, the Committee will continue its policies as outlined herein. With respect to matters covered by this
Agreement which are proper subjects for collective bargaining according to the
General Laws Chapter 150E, the Committee agrees it will make no changes without
prior consultation and negotiation with the
By the
In any matter covered in this Agreement
which is a proper subject for collective bargaining according to the General
Laws Chapter 150E, the Union may raise issue with the Committee for
consultation and negotiation; except that the Union shall not renew or seek to
renew any question introduced debated and settled, either negatively or
affirmatively, during the bargaining prior to final settlement of this contract.
Being a mutual agreement, this instrument
may be amended at any time by mutual consent.
ARTICLE
XVI
SAVINGS
CLAUSE
If any Article or Section of this
Agreement or any additions thereto should be held invalid by operation of law
or by any tribunal of competent jurisdiction, or if the compliance with the
enforcement of any Article or Section should be restrained by such tribunal
pending a final determination as to its validity, the remainder of this
Agreement and of any additions thereto, or the application of such Article or
Section to persons or circumstances other than those as to which it has been
held invalid or as to which compliance with or enforcement of has been
restrained, shall not be affected thereby. In the event that any Article or
Section is held invalid or enforcement of or compliance with which has been
restrained as set forth above, the parties affected thereby shall enter into
immediate collective bargaining negotiations upon the request of either party
for the purpose of arriving at a mutually satisfactory replacement for such
Article or Section during the period of the invalidity or restraint.
ARTICLE
XVII
RESOLUTION
OF DIFFERENCES
BY
PEACEFUL MEANS
1. In
recognition of the provisions of Chapter 150E, the
2. It
is agreed that in the event of an alleged breach of Section 1, the Committee
may seek its redress through the Grievance Procedure of this Agreement, by
filing action in an appropriate court, or by exercise of any of its rights and
powers, or by any combination of the above.
3. The
Teachers' Union further agrees that should any strike, sit down, stay in, slow
down, work stoppage, withholding of services or any other interference occur,
it shall put forward every effort to immediately have the activity terminated,
including ordering the persons concerned to return to work, and in the event
that they cannot successfully order the
persons concerned to return to work; they should ascertain who is responsible
for the above-mentioned work interference and take appropriate disciplinary
action, then failing same, should allow the School Committee to take said
action.
ARTICLE XVIII
DURATION OF AGREEMENT
This agreement shall be effective as of
The parties further agree that they shall
enter into negotiations no later than
For
Date
_______________________
|
|
|
SEPT 2008 |
FEB 2009 |
|
|
|
SEPT 2008 |
FEB 2009 |
||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
SCALE 1 BACHELORS |
|
|
|
SCALE 2 MASTERS |
|
||||
|
|
1) |
$33,925 |
|
$34,604 |
|
|
1) |
$35,945 |
|
$36,664 |
|
|
2) |
$35,608 |
|
$36,320 |
|
|
2) |
$37,730 |
|
$38,484 |
|
|
3) |
$37,393 |
|
$38,141 |
|
|
3) |
$39,637 |
|
$40,430 |
|
|
4) |
$39,260
|
|
$40,045 |
|
|
4) |
$41,585 |
|
$42,417 |
|
|
5) |
$41,208
|
|
$42,032 |
|
|
5) |
$43,707 |
|
$44,581 |
|
|
6) |
$43,279
|
|
$44,144 |
|
|
6) |
$45,849 |
|
$46,766 |
|
|
7) |
$45,451
|
|
$46,360 |
|
|
7) |
$48,154 |
|
$49,117 |
|
|
8) |
$47,705
|
|
$48,660 |
|
|
8) |
$50,561 |
|
$51,573 |
|
|
9) |
$50,092
|
|
$51,094 |
|
|
9) |
$53,101 |
|
$54,163 |
|
|
10) |
$52,591
|
|
$53,643 |
|
|
10) |
$55,753 |
|
$56,868 |
|
|
11) |
$56,008
|
|
$57,128 |
|
|
11) |
$59,344 |
|
$60,530 |
|
|
**Max |
$61,016
|
|
$62,237 |
|
|
**Max |
$64,025 |
|
$65,306 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
SCALE 3 MASTERS +30 |
|
|
|
SCALE 4 DOCTORATE |
|
||||
|
|
1) |
$38,117 |
|
$38,880 |
|
|
1) |
$40,392 |
|
$41,200 |
|
|
2) |
$40,035 |
|
$40,836 |
|
|
2) |
$42,412 |
|
$43,260 |
|
|
3) |
$42,014 |
|
$42,854 |
|
|
3) |
$44,533 |
|
$45,424 |
|
|
4) |
$44,135 |
|
$45,018 |
|
|
4) |
$46,757 |
|
$47,692 |
|
|
5) |
$46,328 |
|
$47,255 |
|
|
5) |
$49,062 |
|
$50,043 |
|
|
6) |
$48,644 |
|
$49,617 |
|
|
6) |
$51,530 |
|
$52,561 |
|
|
7) |
$51,092 |
|
$52,114 |
|
|
7) |
$54,131 |
|
$55,214 |
|
|
8) |
$53,632 |
|
$54,704 |
|
|
8) |
$56,845 |
|
$57,981 |
|
|
9) |
$56,314 |
|
$57,440 |
|
|
9) |
$59,670 |
|
$60,863 |
|
|
10) |
$59,129 |
|
$60,312 |
|
|
10) |
$62,659 |
|
$63,912 |
|
|
11) |
$62,883 |
|
$64,141 |
|
|
11) |
$66,596 |
|
$67,928 |
|
|
**Max |
$67,871 |
|
$69,228 |
|
|
**Max |
$71,828 |
|
$73,265 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
**Max is only applicable to teachers
who had Permanent Merit Pay in 1991-92 and 1992-93 |
|||||||||
|
|
|
SEPT 2009 |
FEB 2010 |
|
|
|
SEPT 2009 |
FEB 2010 |
||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
SCALE 1 BACHELORS |
|
|
|
SCALE 2 MASTERS |
|
||||
|
|
1) |
$35,296 |
|
$36,002 |
|
|
1) |
$37,397 |
|
$38,145 |
|
|
2) |
$37,047 |
|
$37,788 |
|
|
2) |
$39,254 |
|
$40,039 |
|
|
3) |
$38,904 |
|
$39,682 |
|
|
3) |
$41,239 |
|
$42,063 |
|
|
4) |
$40,846 |
|
$41,663 |
|
|
4) |
$43,265 |
|
$44,131 |
|
|
5) |
$42,873 |
|
$43,730 |
|
|
5) |
$45,473 |
|
$46,382 |
|
|
6) |
$45,027 |
|
$45,928 |
|
|
6) |
$47,701 |
|
$48,655 |
|
|
7) |
$47,287 |
|
$48,233 |
|
|
7) |
$50,100 |
|
$51,102 |
|
|
8) |
$49,633 |
|
$50,625 |
|
|
8) |
$52,604 |
|
$53,656 |
|
|
9) |
$52,116 |
|
$53,158 |
|
|
9) |
$55,246 |
|
$56,351 |
|
|
10) |
$54,716 |
|
$55,810 |
|
|
10) |
$58,006 |
|
$59,166 |
|
|
11) |
$58,271 |
|
$59,436 |
|
|
11) |
$61,741 |
|
$62,976 |
|
|
**Max |
$63,481 |
|
$64,751 |
|
|
**Max |
$66,612 |
|
$67,944 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
SCALE 3 MASTERS +30 |
|
|
|
SCALE 4 DOCTORATE |
|
||||
|
|
1) |
$39,657 |
|
$40,450 |
|
|
1) |
$42,024 |
|
$42,864 |
|
|
2) |
$41,652 |
|
$42,485 |
|
|
2) |
$44,125 |
|
$45,008 |
|
|
3) |
$43,711 |
|
$44,585 |
|
|
3) |
$46,332 |
|
$47,259 |
|
|
4) |
$45,918 |
|
$46,837 |
|
|
4) |
$48,646 |
|
$49,619 |
|
|
5) |
$48,200 |
|
$49,164 |
|
|
5) |
$51,044 |
|
$52,065 |
|
|
6) |
$50,609 |
|
$51,621 |
|
|
6) |
$53,612 |
|
$54,684 |
|
|
7) |
$53,156 |
|
$54,219 |
|
|
7) |
$56,318 |
|
$57,445 |
|
|
8) |
$55,798 |
|
$56,914 |
|
|
8) |
$59,141 |
|
$60,324 |
|
|
9) |
$58,589 |
|
$59,761 |
|
|
9) |
$62,081 |
|
$63,322 |
|
|
10) |
$61,518 |
|
$62,749 |
|
|
10) |
$65,190 |
|
$66,494 |
|
|
11) |
$65,423 |
|
$66,732 |
|
|
11) |
$69,286 |
|
$70,672 |
|
|
**Max |
$70,613 |
|
$72,025 |
|
|
**Max |
$74,730 |
|
$76,225 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
||||||||||