|Shared Contract District|
|Type of District||Regional K12|
|Most Recent Document||Contract|
|Regional HS Members||Dudley-Charlton|
|Vocational HS Members|
|Kind of Community||rural economic centers|
|Number of Schools||7|
|Percent Low Income Students||18|
Agreement Between the Dudley-Charlton Regional School District
Dudley-Charlton Teacher's Association
A. The school committee, acting in accordance with the authority of Section 4 of Chapter 150E of the Massachusetts General Laws, recognizes the Dudley‑Charlton Teachers Association for the purpose of collective bargaining as the exclusive representative of the Dudley‑Charlton Regional School District employee unit.
B. The school committee recognizes as the employee unit all professional teaching employees of the Dudley-Charlton Regional School District including teachers, department coordinators, teaching specialists, speech therapists, school psychologists, occupational therapists, physical therapists, behavioral specialists, TEAM chairpersons, directors of alternative educational programs such as SOAR, SHARP, STARS, ACES, and guidance counselors, but excludes superintendent, finance director, principals, assistant principals, director of student resources, director of curriculum and student assessment K-12, special education administrator, director of technology, computer technicians, certified occupational therapist assistants, network computer technicians, instructional assistants and technicians, substitute teachers, ELL tutors and Title I personnel.
C. For the purpose of this contract, the following are hereby defined:
1) Teacher any employee recognized by this Agreement
2) Evaluator principal or assistant principal, department coordinator (where applicable), director of student resources (limited to evaluating guidance staff), administrator of special needs (limited to evaluating special education staff), superintendent or assistant superintendent.
D. Agency Fee: All members of the employee unit will choose to either become a member in good standing of the association, or be required to pay an agency service fee.
The agency service fee will be calculated in accordance with the provisions of Mass General Laws Ch.150 sect. 12 and will be proportionately commensurate with the costs of collective bargaining and contract administration. The fee amount will be determined by the committee and the association.
Said annual fee shall be paid to the committee within 45 calendar days from the start of the school year or 45 days from the date of hire, whichever comes first,
unless the agency service fee payer elects payroll deduction (Article XXV) as the method of payment.
Member authorizations to deduct said fee will be in writing on the form provided by the Association, mutually agreed upon by the committee, and placed on file with the superintendent of schools.
Contracted members who work less than full time or who are hired after the school year has begun shall have his/her fee pro-rated.
It is understood by the school committee and the association that the deduction of the agency fee may be made by the committee through its treasurer pursuant to Massachusetts General Laws Ch. 180 sect. 17.
The school committee shall be under no obligation to take any disciplinary action against any employee for failing to comply with this article. The association shall be solely responsible for the enforcement of these provisions through appropriate legal proceedings
This grievance procedure is established for the purpose of granting employees recognized by this Agreement a formal channel for the presentation of grievances to their employer, and to provide them with a fair and orderly procedure for the processing of said grievances through the various administrative levels of the regional school district and regional school committee, including a right of appeal at each stage of the process to the next higher level, to the end that said employees will receive an expeditious resolution of the said grievance.
For the purpose of this contract, a grievance is defined as an allegation by an employee or a group of affected employees of a violation concerning the interpretation or application of the provisions of this contract relating to the wages, hours and other terms and conditions of employment of said employee or group of employees (hereinafter referred to as the aggrieved).
1. An employee who elects to use the grievance procedure shall first discuss the matter with his/her principal or immediate supervisor with the object of resolving the matter informally.
2. If this informal consultation does not result within five days in a resolution of the matter which is satisfactory to the aggrieved, he/she may submit the
grievance in writing to his/her principal or supervisor, provided he/she does this within 10 days of the occurrence of the matter giving rise to the grievance. (For the purpose of this agreement, days are defined as calendar days exclusive of Saturdays, Sundays, and legal holidays.)
3. A hearing shall be granted by the principal at a time and place set by him/her outside regular school hours convenient to both parties, but no later than four days after the submission of the grievance.
4. Within three days after the date of the hearing, the principal shall deliver or mail his/her decision in writing to the aggrieved.
5. If the principals decision is not satisfactory to the aggrieved, the aggrieved may, if he/she so elects, submit his grievance to the superintendent of schools, provided he/she does so within seven days following the receipt of the decision from the principal. A copy of the written grievance, together with a copy of the principals decision shall constitute the entire grievance record at this point.
6. If a grievance involving substantially identical violations is made by one or more employees from two or more schools, Sections C2, C3 and C4 will not apply and such grievances will be submitted directly to the superintendent with a copy to each affected principal. All communications on the grievance will be made directly between the superintendent and all signed parties, with copies to the affected principals and all parties representing those making the grievance.
The disposition of said grievance will apply to all affected parties whether or not they signed the original grievance.
7. A hearing shall be granted by the superintendent outside regular school hours at a time and place set by him/her convenient to both the aggrieved and the superintendent, but no later than seven days after the filing of the grievance with the superintendent.
8. Within five days of the date of said hearing, the superintendent shall deliver or mail his decision in writing to the aggrieved.
9. If the superintendents decision is not satisfactory to the aggrieved, the aggrieved may submit the grievance to the school committee, provided he/she does so at the next regularly scheduled school committee meeting following the receipt by the aggrieved of the superintendents decision, provided such meeting does not take place less than three days after the receipt of the superintendents decision. A copy of the written grievance, the principal's decision, and the superintendents decision shall constitute the entire grievance record at this point.
10. Upon receipt of such a grievance, the school committee and the superintendent shall confer as to whether the issue presented is one within the jurisdiction of the school committee under the Education Reform Act of 1993. If so, the grievance shall be processed as provided in the following steps.
In the event the school committee determines that the grievance is not within its jurisdiction, the association may apply to arbitration within 10 days. In the
event that the school committee determines that the grievance is within its jurisdiction a closed hearing shall be granted by the school committee outside regular school hours at a time and place set by the school committee convenient to both the aggrieved and the school committee, but no later than the regularly scheduled meeting of the full school committee following submission of the grievance to it.
11. The school committee shall make its decision within seven days of the termination of said hearing, or at its next regularly scheduled meeting following the hearing, whichever occurs first. A written copy of the decision shall be delivered or mailed to the aggrieved within five days of the date on which the decision is made.
1. If the school committees decision is not satisfactory to the aggrieved and the association elects to submit a grievance to arbitration it must, within seven days of receipt of the decision of the school committee, notify the school committee in writing of its intention to seek arbitration and request from the American Arbitration Association a list of arbitrators to be presented to both the school committee and the association. The arbitrator will then be selected under the provisions of the AAA Voluntary Labor Arbitration rules.
2. The fees of the American Arbitration Association and of the arbitrators and the expenses of any required hearings shall be shared equally by the school committee and the Association, but each party shall bear the expenses of its representatives, participants, and witnesses, and for the preparation and presentation of its own case. The obligation of the school committee to pay shall be limited to the obligation that the school committee shall legally undertake, and in no event shall any present or future member of the school committee have any personal obligation for payment under the provisions of this agreement.
3. The arbitrators award shall be in writing and shall set forth his/her findings‑of‑fact with reasoning and conclusions. He/she shall arrive at his/her decision solely upon the facts, evidence, and contentions presented by the parties through the arbitration proceedings. The arbitrator shall have no power to add to, subtract from, or modify any of the terms of this agreement, and in reaching his/her decision shall interpret the agreement in accordance with the commonly accepted meanings of words used herein and the principle that there are no restrictions intended on the rights or authority of the school committee other than those expressly set forth herein. Subject to the foregoing, the decision of the arbitrator shall be submitted to the school committee and the Association and shall be final and binding upon the school committee, the association, and the teacher or group of teachers who initiated the grievance, subject, however, to judicial review by a court of competent jurisdiction.
4. No teacher covered by this agreement shall be dismissed except in accordance with the provisions of Massachusetts General Laws, Chapter 71, Section 42, which is hereby incorporated by reference and made part hereof. No claim that the dismissal of any teacher covered by this agreement is in violation of the said statutory provision or of this agreement shall be subject to the arbitration provisions of this agreement.
1. All decisions rendered under the grievance procedure must be in writing.
2. Forms for submitting grievances, giving notice of decisions and making appeals, as well as other necessary documents, will be prepared by the superintendent of schools after consultation with and agreement of the Dudley‑Charlton Teachers Association and will be made available at reasonable times in every school in the district so as to facilitate operation of the grievance procedure.
3. The failure of an administrator at any level or of the school committee to hold a required hearing, make a decision or give notice of a decision to the aggrieved within the prescribed time limits shall enable the aggrieved to proceed to the next step as though the hearing had been held and decision made or notice of the decision given within the prescribed time limits.
4. If the aggrieved fails to follow the grievance procedure, including time limits, as specified in Article II, Section C above, the grievance will be deemed to have been waived.
5. In the processing of a grievance, the aggrieved may be represented or accompanied by an officer or member or representative of the Association. When appearing before the full school committee, the aggrieved may be represented in the handling of his/her grievance by an attorney of his/her own choosing, provided he/she notifies the full school committee in writing within three days of the submission of his/her grievance to the school committee that he/she will be so represented.
6. All arbitration hearings will be held after regular school hours, except by mutual agreement of the school committee and the Association. At Arbitration hearings held after school hours, both the aggrieved and the school committee may call witnesses and present testimony and evidence pertinent to the grievance.
7. All grievance hearings will be held in closed session.
8. No grievance application forms and records of grievance proceedings shall be filed in the personnel file maintained by the Dudley-Charlton Regional School District for any employee involved in presenting such grievance.
1. This grievance procedure shall not be regarded as a delegation of authority to any administrative official of powers said official does not otherwise possess. It is understood that no grievance can be settled by any administrator in violation of the terms of this Agreement or established school committee policy.
2. Unless such decision falls within the authority of the person making the decision, said decision shall not be binding. If the decision is within the scope of the authority of the person making said decision, then said decision shall be final and binding subject to the right of the aggrieved employee to appeal said decision to the next higher level as provided for in this agreement.
A. The salary schedule of all persons covered by this Agreement is set forth in Appendix A, which is attached hereto and made a part hereof. Annual increments are automatic provided the teacher displays satisfactory teaching performance as determined by the administration and department coordinators in accordance with the evaluation procedures established in Article IX of the agreement. Such increments shall be effective on the first pay date of each school year. No teacher shall be denied an increment without just cause.
B. The salary schedule for extra‑curricular positions is set forth in Appendix B, which is attached hereto and made a part hereof. Any Appendix A negotiated wage increase would automatically be applied to any stipends in the agreement.
C. Teachers appointed to full‑time positions will be placed on the salary schedule according to their education and years of experience. Teachers will be given credit for each full year of teaching experience, and in the superintendents discretion for experience in industry or such other occupation as the superintendent deems to be of at least equivalent value to the school system as prior teaching experience, for placement. Under extenuating circumstances the superintendent may hire a veteran teacher at a lower step salary than his/her respective years of experience would warrant. At the conclusion of the school year, teachers initially placed at the lower step salary may request in writing consideration for salary advancement. Teachers appointed to a less than full‑time position will receive salary pro‑rated in accordance with the proportion of a full‑time schedule for which they are employed.
D. For the purposes of determining the proper step on which to place teachers returning from approved leaves of absence, except as otherwise indicated in Articles XV, and XVI, 135 work days or more completed in any one school year shall be credited on the salary schedule as one full work year of teaching experience.
E. Teachers may be advanced to the Bachelors plus-30 column, Masters plus-30 or Masters plus-60 column of the salary schedule once they have obtained 30 or 60 credits/equivalents in addition to those required for their respective degree. The credits/equivalents need not have been obtained subsequent to the receipt of their respective degree, but for salary advancement purposes, the superintendent must approve them as credits/equivalents which pertain to the teachers area of teaching or as credits/equivalents which both enhance the teachers professional qualifications and contribute to his/her capacity to perform his/her school assignments. As an alternative, four credits/equivalents may be earned as in-service credits awarded by the district in any five-year period. These district credits may be earned through active participation in in-service programs, curriculum study committees, grant writing, special curriculum projects and other activities approved in advance, in writing, by the superintendent. In order to receive one credit, the program or project should involve a minimum of 15 hours. A minimum of 30 hours involvement would be necessary to earn two credits, 45 hours to earn three credits, and 60 hours to earn four credits.
In order to be eligible for such credits the teacher must submit in writing to the superintendent his/her desire to use such credits for advancement purposes prior to July 1. The teacher will be notified in writing by the superintendent if the request has been approved and the number of credits that will be received upon successful completion. Regular attendance and active participation will measure successful completion.
F. All documentation, such as official transcripts or other college and university documents, submitted as verification of course/equivalent and degree completion for purposes of advancing on the salary schedule, must be delivered to the superintendent by September 1 of each school year for adjustment of the teachers salary for that school year. The superintendent may also approve courses/equivalents retroactively if said documents of course completion are not available from the college or university by the teachers first workday.
G. Teachers will have the option of receiving their salary in 22 or 26 equal payments, with payment to be made every other Thursday. Selection for salary option payments must be made prior to the school year and may not be changed until the following school year. Teachers who wish to elect the 22-payment mode will so notify the superintendent by August 1. Teachers who elect the 26-payment mode may elect to receive the remainder of their pay in a paycheck to be issued no later than five business days after the official closing of school.
H. Extra‑curricular salaries for full year positions will be received in two payments, one with the first paycheck in November and the second with the first paycheck in June.
Seasonal positions will receive full payment as follows:
Fall Positions: first paycheck in November
Winter Positions: second paycheck in February
Spring Positions: first paycheck in June.
TEACHING HOURS & TEACHING LOAD
A. The quality of an education program is a reflection of the ideals, motives, preparation and conduct of the members of the teaching profession. It is important, therefore, for the teachers of our school system to recognize their great responsibility and to work together to accomplish the goals of the schools.
B. Since a teacher is a professional person, the school committee expects him/her to exhibit the qualities of ability, personality and integrity.
C. The professional task of teachers involves considerably more than actual classroom instruction. Some of these duties are:
§ Study and research to keep abreast of new knowledge and techniques.
§ Evaluation of students needs and performance.
§ Individualized Educational Plans (IEP)
§ Lesson planning and preparation.
§ Conference with students and parents and principal
§ In‑service training meetings
§ Pupil supervision outside the classroom.
§ Special education evaluation, report writing
D. It is most unlikely that a professional, competent teacher can accomplish these tasks in a 40‑hour work week. A rigid regulation of duty hours of teachers would tend to imply that there was a specific amount of time within which the job could be done.
E. All teachers will strive to exhibit the District Performance Standards.
F. The school day of the employees recognized by this agreement will begin at the employees assignment 15 minutes before the school day starts and will end 15 minutes after school is dismissed. Said employees may leave school immediately after students leave on Fridays and the day preceding a holiday or vacation. However, the building principal may require additional time whenever the safety and protection of students require such. If extra help is deemed necessary by a teacher and by a student, a time and place in the school will be mutually agreed upon for such help.
G. Meetings may be held throughout the year as needed to discuss building procedures, curriculum, methods of instruction, and other items relating to the education of pupils. These meetings may be held as building meetings, department or grade level meetings, team meetings, or meetings of committees formed to work on specific areas. Forty‑eight hours notice of such meetings will be given, except in case of emergency.
H. No full staff meeting shall start more than one‑half hour before the start of the school day or more than 15 minutes after the end of the school day, except by mutual agreement between staff and administrators. An effort will be made to minimize the number of meetings a teacher is required to attend.
I. The teachers association will be given an opportunity to meet and discuss with the superintendent its views on the following years calendar prior to its adoption. If any changes are recommended by the association they should be put in writing and will be given consideration but it is agreed that the final determination of the calendar will remain the decision of the school committee.
J. The school year for teachers (other than new personnel or personnel assigned to a new school who may be required to attend additional orientation days) will be three days more than 180 days when pupils are required by the school committee to be in attendance. Teachers under contract for less than a full year will have the annual salary pro-rated based on 183 days. All absences for reasons other than those specifically provided for in the Agreement shall be deemed unexcused. Reductions in salary shall be made on the basis of 1/183rd of annual salary for each day of unexcused absence. Teachers who agree to a request by the school committee or the superintendent to work in excess of the above dates will be compensated for each day at a rate of 1/183rd of their yearly salary. To qualify for this rate a day shall consist of at least seven hours of actual work; for any such day not consisting of at least seven hours of actual work a teacher shall be paid for such hours actually worked at the school committees or superintendents direction at the rate of 1/183÷7 x number of hours actually so worked. Voluntary participation in curriculum or other study groups, which meet on days outside or beyond the school year, shall be without pay over and above the teachers annual salary. This does not preclude payment of stipends available from grants received by the district.
K. Teachers will have a duty‑free lunch period of at least the same length as the students.
L. All professional staff members will have, in addition to their lunch period, one preparation period daily during which they will not be assigned to any other duties. Any assignment other than this will be by mutual agreement between the teacher and the administrator. All elementary teachers shall have one continuous preparation period of no less than 40 minutes daily during normal school hours.
M. Academic subject area teachers at Shepherd Hill will not be assigned to more than five teaching periods per day except by mutual agreement. Academic subject area teachers at the middle schools will not be assigned to more than four teaching periods (three mods each) per day, except by mutual agreement. Unified arts, reading/literacy and foreign language teachers will not be assigned to more than six teaching periods of two mods each per day, except by mutual agreement. Responsibilities will consist of a daily team collaborative (two mods) and either an exploratory class (two continuous mods) or a duty assigned by the administration. Teachers will not be assigned more than one exploratory or duty per quarter except by mutual consent. Teachers will not be required to teach subject areas in which they have no expertise.
N. Teachers will not be required to hand score standardized group placement tests that are required by the administration, except by mutual agreement.
O. In‑service workshops conducted on released time will not be scheduled for more than 30 minutes beyond the length of the regular teaching day as defined in this Article.
P. The school committee shall schedule early release days when parent‑teacher conferences are scheduled as permitted by Department of Elementary and Secondary Education Time and Learning Regulations.
ASSIGNMENT AND SCHOOL CALENDAR
A. Teachers will be notified in writing of their program for the coming school year, including the school to which they will be assigned, the grades, and/or subjects that they will teach as soon as possible, but not later than August 1, and a copy of the calendar for the school year shall be included. The assignment will be subject to change by the superintendent (whenever necessary to provide for an adequate, educational program, or in cases of emergency).
B. Although changes in grade assignment in the elementary schools are discretionary with the superintendent or the superintendents designee, no involuntary transfers shall take place without prior discussion with the teacher to be transferred, who upon request shall have the right to have a representative of such teachers choice present during the discussion.
A. In arranging schedules for teachers who are assigned to more than one school, an effort will be made to limit the amount of inter-town travel. Such teachers will be notified of any changes in their schedules as soon as practical. Teachers who are assigned to more than one school in any school day will receive the IRS approved rate per mile for all inter‑school driving.
B. The system rate will be the IRS approved rate per mile.
A. The school committee and the association acknowledge that a teachers primary responsibility is to teach and that his/her energies should, to the extent possible, be utilized to this end. Therefore, they agree as follows:
1. Teachers will not be required to collect money from students for non‑educational purposes, except in sealed envelopes. Teachers may collect and transmit money to be used for approved educational purposes.
2. Teachers will not be required to keep attendance registers.
B. Teachers will not be required to drive pupils to activities that take place away from the school building. Teachers may voluntarily do so, however, with the advance approval of their principal or immediate supervisor.
A. Whenever any vacancy in a professional position occurs during the school year, it will be adequately publicized by the superintendent by means of a notice posted on a bulletin board and in the faculty room in every school and a copy thereof sent to the association president. During the months of July and August, written notice of any such vacancy will be mailed to the association president and posted on the district website. In both situations, the qualifications for the position, its duties, and the rate of compensation will be clearly set forth. No vacancy will be filled, except on a temporary basis, within 15 calendar days from the date the notice is posted in the schools or the giving of notification to the president of the association by mail.
B. All qualified teachers will be given opportunity to make application for such positions and the principal shall give due weight to the professional background and attainments of all applicants. In filling such vacancies, preferential consideration will be given to qualified teachers already employed by the district.
The Dudley-Charlton Regional School Committee and Dudley-Charlton Teachers Association agree and recognize that the purpose of evaluation is to provide information to promote professional effectiveness and growth. The process will be a continuous, constructive, and cooperative one stressing the need for interaction and communication between the administration and the teachers. The evaluation will be accomplished through an exchange of information between the person being evaluated and the evaluator to provide a record of facts and assessments.
A. All monitoring and/or observation of the work performance of a teacher will be conducted openly and with the knowledge of the teacher. While it is not the intent of this article that any evaluation be conducted covertly, and it is agreed that such shall not be the case, it is understood that the task of evaluating a teacher is a day-to-day ongoing, continuous process, which goes far beyond the system of periodic formal, written evaluations. Teachers will be given a copy of any evaluation report prepared by their supervisors through formal and informal observations and will have the right to discuss such report with their evaluator. Teachers will be given a copy of their summative evaluation by May 15th.
B. The performance of each professional employee shall be evaluated by his/her supervisor(s) in accordance with the evaluation process set forth in the document entitled, Dudley-Charlton Regional School District Planning and Implementation Guide. A copy of the guide is available to all staff on the district website under Staff Access.
C. No one may evaluate a teacher who is an immediate relative or spouse.
D. In the case of the a summative evaluation report relative to a teachers classroom performance rating, the evaluator(s) making the report must consider multiple categories of evidence.
E. Teachers have the right, upon request, to review the contents of their personnel file.
F. Teachers will
be notified of all new material, of which the teacher would otherwise have no
knowledge, to be placed in their personnel file which relates to the teachers
conduct, service, character or personality. The teacher will, upon request,
have the opportunity to meet
G. Any complaint regarding a teacher from a parent, student or any other person shall be brought to the attention of the teacher within five days.
H. No teacher shall be reprimanded or suspended without cause.
A. Each school will have the following facilities:
1. Space in each classroom in which teachers may safely store instructional supplies.
2. A teacher work area containing adequate equipment and supplies to aid in the preparation of instructional materials.
3. An appropriately furnished room to be reserved for the exclusive use of the teachers as a faculty lounge. Said room will be well-lighted and clean.
4. A telephone will be installed at the cost of the school committee. The Association must pay for any toll calls. Primary use of the telephone shall be for school business.
5. A serviceable desk and chair for the teacher in each classroom.
6. An adequate portion of the high school parking lot will be reserved for teacher parking.
A. The association will have the right to use school buildings without cost at reasonable times for association meetings. The principal of the building in question will be notified in advance of the desire for such a meeting and will cooperatively arrange for time and place of all such meetings.
B. There will be one bulletin board in each faculty lounge for the purpose of displaying notices, circulars, and other material pertaining to education and association business.
C. The association will have the right to use district athletic facilities and equipment without cost once each week. The schedule and other related matters will be arranged in advance with the superintendent. The association will assume any further cost.
A. Teachers will be entitled to eight sick leave days for each of the first three years, 12 days per year for years four and five, and 15 days for each year thereafter. Sick leave days may be accumulated from year to year up to 180 sick leave days. On or before September 30 of each school year, each teacher shall be notified of the amount of accumulated sick leave they possess, and the number of personal/professional days they utilized during the previous school year.
B. An employee may use up to eight of his/her sick days per school year to tend to the emergency illness or injury in the employees immediate family.
C. A medical certificate may be required for sick leave of any duration, if a teachers absence from duty recurs frequently or habitually, and when in the judgment of the principal evidence indicates reasonable cause for requiring such a certificate.
D. If a teacher works for less than one‑half of a teaching day, a full day shall be deducted from his or her sick leave if his or her partial absence is due to illness, and a full day shall be deducted from his or her total personal days if the partial absence is for reasons other than illness. If a teacher works for more than one‑half of a teaching day, but less than a full teaching day, only one‑half sick or personal day will be deducted.
E. The number of sick days provided for a teacher in a year will be prorated for those teachers who begin employment after the start of the school year and for those who go on leave or resign before the school year is completed.
F. Teachers will be entitled to a sick leave incentive based upon the following: He/she will be paid $300 if no sick leave has been used during the school year, and $250 if only one day of sick leave has been used during the school year. Teachers who are eligible will receive their attendance incentive either at the end of the fiscal year or at the start of the following school year at the discretion of the school committee.
A. A teachers estate will be paid the sum of $1,000 for each four-year period of service in the school district, up to a maximum of $4,000, upon the teachers death while in the service of the Dudley‑Charlton Regional School District.
B. A teacher who, after 25 years overall or 15 years or more of consecutive service as a teacher in the Dudley‑Charlton Regional School District, gives a written three-year notice of his/her intent to retire will receive $1,500 additional compensation during
the final year of service and $1,000 additional compensation per year for each of the two years preceding such final year.
C. A teacher who, after 25 years overall or 15 or more consecutive years of service as a teacher in the Dudley‑Charlton Regional School District, gives a written two-year notice of his/her intent to retire will receive $2,000 additional compensation during the final year of service and $1,000 for the year preceding the final year.
D. A teacher who, after 25 years overall or 15 years or more consecutive years of service as a teacher in the Dudley-Charlton Regional School District, gives a one-year written notice of his/her intent to retire shall receive an additional $2,500 in his/her final year of service.
E. To qualify for the benefit as stipulated in items B, C or D, teachers must retire at the end of the first semester to receive 50% of this benefit, or at the end of the full academic year to receive 100%.
F. Any employee covered by this agreement who has completed 20 years or more of full time service or its part time equivalency in the Dudley-Charlton Regional School District and retires, shall, upon retirement or death be entitled to a Sick Leave Compensatory Benefit of an amount of money equal to $25 per day, multiplied by the number of days accumulated up to an including 90 days and $50 per day multiplied by the total number of accumulated days between 91 and 180 days. Teachers who retire during the period Jan.1-July 31 will receive payment by Aug. 31. Those retiring between Aug. 1 through Dec. 31 will receive payment by March 31 of the next year.
G. Teachers selecting Section B will not qualify for Section C. The years in the Charlton or Dudley systems will be transferred to the district and be counted toward these years.
H. Unusual situations may be judged by the Dudley-Charlton Regional School Committee and superintendent on their own merits.
A. Teachers will be entitled to the following temporary leaves of absence with pay each school year.
1. Teachers may be entitled to not more than two days of absence with pay each year for the purpose of transaction of personal business that cannot be handled in any other way and/or in case of emergency. Such days of personal leave are non-vacation days and may be accumulated up to a maximum of four days. At the end of a given school year, any employee who has a credit of 100 sick days will be entitled to a credit of up to two of the accumulated personal day(s) for that year in a special accumulated sick leave account separate from the accumulated sick leave account. These accumulated personal days will be available only upon retirement at the same rate and under the same conditions as accumulated sick leave in accordance with Article XII and XIII. Personal days may not be taken the day before or the day after a school holiday or vacation, except in an emergency or other extenuating circumstances and then must be approved by the superintendent. Written application for personal leave will be made to the principal at least 24 hours before taking such leave (except in the case of emergencies) and the applicant for such leave will not be required to state the reason for taking such leave other than that he/she is taking it under this section.
2. Time necessary for appearance in a Court of Law, connected with the teachers employment or with the school system.
3. A maximum of 10 days per school year for persons called into temporary active duty of any unit of the United States Reserves or the State National Guard, provided such obligations cannot be fulfilled when school is not in session. Teachers will be paid the difference between their regular pay and the pay they receive from the state or federal government. Notice of such time must be given to the superintendent as far in advance as possible.
4. An additional two days shall be granted for major religious holidays upon which the tenets of the persons religion prevent the teacher from working. Application for the additional days shall be made to the superintendent at least three days in advance.
5. When the death of a wife, husband, father, mother or child occurs in the family of a teacher, such teacher is entitled to a leave of absence of up to four working days without loss of salary, such leave to take effect from the date of death with the last day being no later than the second day after the funeral. In the event that the interment does not take place on the day of the funeral, one or two working days of the allowed days may be used for attendance at the interment.
6. When the death of a mother‑in‑law, father‑in‑law, son-in-law, daughter-in-law, brother, sister, grandmother, grandfather, grandchild or relative living in the same household, or someone who has acted in loco parentis occurs in the family of a teacher, such teacher is entitled to a leave of absence of up to three working days without loss of salary, such leave to take effect from the date of death, the last day being no later than the day after the funeral.
7. One working days leave of absence to attend the funeral or interment of a brother‑in‑law, sister‑in‑law, aunt, uncle, nephew or niece.
8. In the case of the funeral of an employee, present or past, or student, a delegation of a limited number of teachers may attend the funeral services at the discretion of the principal or superintendent.
9. Each employee, pursuant to M.G.L.C. 234A, the Act as of 1/1/85 is entitled to up to three days leave with regular pay from the district if selected and summoned for service on a grand jury or a trial jury, for any day, or part thereof, actually spent performing such juror service. According to the Act each employee would also be entitled to leave, without pay from the district, for the fourth day of juror service and each day thereafter actually spent in such service. The district shall pay each employee, selected and summoned for service on a federal grant jury or federal trial jury, for any day, or part thereof, actually spent performing such juror service, the difference between the governments payments for service and the teachers regular pay.
The Act provides that the employer shall pay regular wages for the first three days of juror service, and that the Commonwealth shall pay for the fourth and subsequent days at the rate of fifty dollars ($50) per day. Notwithstanding the Act, the district shall pay any teacher not only the teachers regular pay for the first three days or part thereof actually spent serving such jury service, but also the difference between the Commonwealths payments for the fourth and subsequent days or part thereof spent in such service and teachers regular pay.
B. Leaves taken pursuant to Section A above will be in addition to any sick leave to which the teacher is entitled. No teacher will be required to arrange for his own substitute.
C. Persons receiving summer grants by any federal, state, municipal, or private agency may be granted a leave with pay by the superintendent for up to 10 days for attendance at such programs when such programs commence in June or extend into the period between August 15 and September 15 when attendance is required.
A. The school committee agrees that teachers elected to full‑time offices by the MTA, NEA & AFT will, upon request, be granted a leave of absence for up to two years without pay for the purpose of engaging in association activities.
B. A leave of absence without pay of up to two years will be granted to any teacher who joins the Peace Corps, Vista, or serves as an Exchange Teacher, and is a full‑time participant in either of such programs. Upon returning from such leave, a teacher will be considered, for salary purposes, as if he/she were actively employed by the school committee during the leave and will be placed on the
salary schedule at the level he/she would have achieved if he/she had not been absent.
C. Military leave of up to three years will be granted to any teacher who is inducted or enlists in any branch of the armed forces of the United States. Upon return from such leave, the teacher will be placed on a salary schedule at the level he/she would have achieved had he/she remained actively employed in the system during the period of his/her absence up to a maximum of three years.
D. A leave of absence without pay of up to the termination of the current school year may be granted at the discretion of the school committee for the purpose of caring for a sick member of the teachers family. Additional leave may also be granted at the discretion of the school committee.
E. The school committee will grant a leave of absence of no more than four years without pay or increment to any teacher to serve in a full‑time public office.
F. After five years continuous employment in the Dudley-Charlton Regional School District, a teacher may be granted a leave of absence for up to one year for health reasons, without pay, but upon return will be placed on the salary level he/she would have achieved if he/she had not been absent from the system. Request for such leave will be supported by appropriate medical evidence.
G. Any teacher whose personal illness extends beyond the period compensated may be granted a leave of absence without pay or increment for such time as is necessary for complete recovery from such illness. Requests for such leave will be supported by appropriate medical evidence.
I. All requests for extensions or renewals of leaves will be applied for and replied to in writing.
J. Other leaves of absence without pay may be granted by the school committee.
K. Leaves of absence beyond the initial extended leave without pay may be granted by the school committee.
L. A teacher with seven or more years of experience in the District, who so requests in writing, may be granted a leave of absence for one year for the purpose of study and research, including preparation for employment in another field. Leave will be unpaid. Requests for such leave will be submitted to the superintendent by June 1 of the school year preceding the leave. A leave taken under this section must be for the full school year. Teachers will be limited to one request under this section, if the leave is for a field other than education.
M. All leaves taken under this article require that the teacher give written notification by April 15 of the year in which the leave expires of the intention to return or resign.
A. Pursuant to Massachusetts General Laws, Chapter 149, Section 105D, and recognizing Chapter 151B, Section 4, full time female employees shall be entitled to eight weeks maternity leave under the following conditions:
(1) The employee shall have completed at least three consecutive months as a full‑time employee in the Dudley-Charlton Regional School District.
(2) The employee gives at least two weeks notice of her expected departure date and notice that she intends to return to her job.
B. The employee taking maternity leave is entitled to return to the same or a similar position without loss of benefits under the contract for which she was eligible on the date her leave commenced, subject however, to paragraph G., below.
C. A teacher who received maternity or childrearing leave pursuant to Section 105D may apply accumulated sick leave toward this maternity leave for those days that doctor‑certified disability due to pregnancy, childbirth and recovery therefrom makes absence necessary.
D. Teachers will upon request be granted a leave for childrearing purposes. The leave shall end no later than the start of the third school semester after the date of birth of the natural child or arrival of the adopted child.
E. Such leaves of absence will be without pay, except as provided in paragraph C above, and without other benefits except that any health or medical insurance applicable to teaching employees of the district may continue for the period of leave provided the teacher pays the full cost thereof.
F. Upon return from childrearing leave, the teacher will be placed in the same or similar position he or she held when the leave commenced, subject to paragraph G., below.
G. The district shall not be required to restore an employee returning from leave to the employees previous or a similar position if other employees of equal length of service credit and status in the same or similar position have been laid off due to
economic conditions or other changes in operating conditions affecting employment during the period of such leave; provided however, that such employee on leave shall retain any preferential consideration for another position to which the employee may be entitled as of the date of the leave.
A. A sabbatical leave of absence not to exceed one year may be granted to members of the professional staff subject to the approval of the superintendent when in his/her judgment the professional competence of the staff member and the general welfare of the public schools will be benefited.
B. A maximum of three percent of the professional staff may be on sabbatical leave at one time.
C. Any member of the professional staff may be eligible for sabbatical leave after six consecutive years of service.
D. Sabbatical leave must be used for formal study.
E. Payment for sabbatical leave shall be one‑half the salary of the members on sabbatical.
F. Any staff member receiving a sabbatical leave must agree to repay the salary paid during the sabbatical leave if he/she does not stay for a minimum of two years after the sabbatical has been completed, unless he/she is terminated by the school committee prior to the conclusion of the two year period.
A. In the case of absence substitute teachers shall be provided for all teachers, including specialists.
B. In those cases where regular substitutes are not available and a regular teacher voluntarily agrees to serve as a substitute during his/her non‑teaching time, said teacher will be paid an additional $15.00 for each period substituted. Such agreement will be made by the principal of the school.
A. The committee will pay the reasonable expenses (including fees, meals, lodging and/or transportation) incurred by teachers who attend workshops, seminars, conferences, or other professional improvement sessions at the request and/or the advance approval of their principal and superintendent.
To ensure that each teacher covered by the agreement has an equal opportunity to
attend workshops, conferences and other professional development activities, the school committee will allocate a minimum of $150 per teacher per agreement year, for the term of this agreement for this purpose.
B. Each teacher covered by this collective bargaining agreement shall comply with all rules and regulations to obtain or maintain an appropriate certification from the Massachusetts Department of Education.
C. The committee shall reimburse each teacher covered by the collective bargaining agreement for the cost of any professional development activity which is approved in advance by the superintendent, and is successfully completed, in an amount equal to the cost of such course.
Effective September 1, 2013: Teachers will receive reimbursement for courses as follows:
· Teachers not in a degree program will receive up to a maximum of $750 each fiscal year.
· Teachers in a first Masters degree program will receive up to a maximum of $1,000 each fiscal year.
· Teachers in a degree program beyond the first Masters will receive up to $800 each fiscal year.
District-wide reimbursement of courses will be capped for each year as follows:
Unusual situations may be judged by the superintendent of their own merits.
Such reimbursement for college credit/equivalent credit work shall not include materials fees, textbooks, mileage or meals. It will be the responsibility of teachers to submit complete documentation for reimbursement of professional development work. Such documentation needs to include proof of any payment, participation in the activity, and evidence of successful completion of the work; all of which shall be submitted prior to September 1 for movement on the salary schedule. Submissions for reimbursement shall be filed within two months of the completion of the activity.
D. A committee will be formed consisting of three members from the Dudley-Charlton Teachers Association and three members of the administration that will meet as needed to develop professional development for the upcoming year.
A. Teachers will immediately report all cases of assault suffered by them in connection with their employment to their immediate supervisor.
B. This report will be forwarded to the building principal, school committee, and police.
C. Teachers will be made aware of any information that could be considered a threat to that teacher or a member of his/her family.
1. A $10,000 Term Life Insurance Plan of the type presently available to teachers.
2. Individual or family coverage, whichever applies in the teachers particular case, for Blue Cross and Blue Shields Blue Cross Preferred Elect Plan (or equivalent).
3. Individual or family coverage, whichever applies in the teachers particular case, for Blue Cross and Blue Shield Dental Plan (or equivalent) (Type I 100%, Type II 50%, Type III 50%, $1,500 maximum per year).
B. Teachers will be eligible to participate in a tax sheltered annuity plan established pursuant to United States Public Law No. 37-370.
C. 1) The Dudley-Charlton Regional School District will make a 50% contribution toward retirees health insurance plans as voted and accepted by the Dudley-Charlton Regional School Committee on September 9, 1998.
2) Surviving spouses may continue coverage until remarriage or death at a contribution rate as determined by the school committee.
A. Whenever a teacher is absent from school as a result of an assault and injury by a student, or a suspended or expelled student, or a parent, such assault occurring at school functions or on the school premises, he/she will be paid his/her full salary for the period of such absence, and no part of such absence will be charged to his/her annual or accumulated sick leave, provided the teachers absence is not a result of wrongful conduct on the teachers part, and subject to paragraph D., below.
B. The school committee will reimburse teachers for the cost of medical, surgical, or hospital services (less the amount of any insurance reimbursement) incurred as the result of any assault and injury sustained under provisions of paragraph A., subject to paragraph D. below.
C. Employees who become ill as a result of any school environmental situation shall not have any resulting absences charged to their individual sick leave, subject to paragraph D., below.
D. The Workers Compensation Act (the Act), Massachusetts General Laws, Chapter 152, Section 69, which has been accepted by the district, provides that the district shall pay its employees the compensation provided by the Act for medical and hospital expenses and for work time lost as a result of injuries received which arise out of and in the course of their employment. A teacher so injured shall be paid by the district the difference between the compensation provided under the Act and the teachers full salary or wages, such payment to be paid from any accumulated sick leave to which the teacher is entitled.
The parties, in agreeing to this Article, are aware that Section 69 of the Act provides in pertinent part that no cash salary or wages shall be paid by a district to any person for any period for which weekly total incapacity compensation under this chapter is payable, and that the Act is not one of the statutes enumerated in Massachusetts General Laws, Chapter 150E, Section 7(d) as being overridden in the event of a contrary provision in a Collective Bargaining Agreement, and the parties therefore agree that to the extent any provision of this Article is in conflict with the Act, such provision shall be null and void, but that the remainder of the Article shall remain in full force and effect.
E. Employees requesting benefits under Sections A, B, or C of this article for a period of time greater than five days, agree to an evaluation of injury by an evaluator who is agreeable to both parties. If administration makes such a request it shall be in writing.
Teachers who reside in the district will be allowed to enroll their children or stepchildren in a school or existing program within the district appropriate to the childs age, grade level and ability.
A. Teachers shall be consulted in the change and/or selection of any books and/or educational materials to be used in their classroom. A consensus of teachers opinions will be given due consideration in the selection thereof.
A. The school committee agrees to deduct from the salaries of its employees dues for the local association and Massachusetts Teachers Association and the National Education Association, and monies for MTA Credit Union and to transmit these monies promptly to the treasurer of the local organization each pay day.
B. Teacher authorizations will be in writing on an approved form.
A. The school committee retains the right to reduce the number of teachers on its staff. The decision to reduce staff shall not be subject to the grievance and arbitration procedures under this contract.
B. Teachers without professional status shall be laid off prior to teachers with professional status subject to applicable state statutes and regulations.
C. In the event that it becomes necessary to layoff teachers with professional status, the least senior teacher in an affected area shall be the first to be laid off and subsequently lay-offs shall proceed in the reverse order of seniority. An annual seniority list by certification and level will be prepared by the superintendent and forwarded to the President of the Association no later than October 31 of each year. If no challenge to the list is made within 30 days of the receipt of this list, the list will stand and the order thereon be followed for any staff reduction to take place during that year. The list will be in the following format:
Name Date of Hire Certification(s) Level(s)
D. Seniority under this article shall be determined by continuous professional employment (in years, months and days) in the Dudley-Charlton Regional School District. Paid leaves of absence (such as long-term disability or sabbatical) shall count toward seniority. Unpaid leaves of absence shall not constitute a break in continuous service but shall not count toward seniority.
E. Cases of identical seniority in the same area will be resolved by granting preference to the teacher with the highest academic degree (in descending order: Doctorate, CAGS, Masters, Double Bachelors). If these are identical, the decision will be made by the superintendent upon review of evaluations. If no significant difference exists in the evaluations, the Superintendent will exercise his/her discretion.
F. Certified shall mean that the teacher has on file with the office of the superintendent, evidence that he/she possesses from the Massachusetts Department of Education certification in the appropriate area. Evidence must be furnished to the superintendents office no later than the expiration date for challenges to the official seniority list.
G. Recall Procedure:
1. Teachers laid off under provisions of this Article shall be entitled to recall to the district as positions for which they are qualified under Section C become available. Recall shall proceed in reverse order of lay-off.
2. Recall privileges shall extend for two years following the effective date of the lay-off. Effective Date of Lay-off shall mean the first school day in which the teacher does not perform services in the district in accordance with his/her lay-off notice.
3. Employees laid off may continue group health insurance coverage during the recall period at full premium, (subject to statutes and regulations).
4. Upon return to work, teachers shall be credited with all previously accrued benefits, including professional status, sick leave and seniority.
5. Employees shall be placed on the salary schedule one step higher than the step at which they left, provided that they had served in excess of 90 continuous days in the year directly preceding lay-off.
B. If any provision of this agreement or any application of the agreement to any employee or group of employees shall be found contrary to law, then such provision or application shall not be deemed valid and subsisting, except to the extent permitted by law, but all other provisions or applications will continue in full force and effect.
C. This agreement constitutes school committee and association policy for the term of said agreement, and the school committee and association will carry out the commitments contained herein and give them full force and effect as school committee and association policy.
D. The superintendent will meet with the Dudley-Charlton Teachers Association president once in the fall before November 15, and once in the spring before May 15 to review Appendix B of this agreement.
A. This agreement shall take effect on September 1, 2013 and except as provided herein, shall remain in effect to and including August 31, 2016. It shall thereafter automatically renew itself to successive terms of three years unless either party shall have given the other a written notice, on or before the November 15 just prior to the end of the contract term, of its election to terminate the contract as of the 31st of August next.
B. In the event of a notice by either party of its election to terminate the contract under paragraph A above, the parties shall make themselves available, at reasonable times, for the purpose of negotiating a successor contract.
C. Nothing herein contained shall preclude the parties from negotiating or renegotiating at anytime or times all or any part of this contract, provided that both parties mutually agree to do so, and provided that dates set for the negotiation sessions are also mutually acceptable.
In witness thereof the parties hereto have caused these present to be executed by their agents hereunto duly authorized, and their seals to be affixed hereto, as of the day and year first written above.
Dudley-Charlton Regional School Committee:
Pauline J. Aucoin, Vice Chair
Raymond J. Chalk
Catherine M. Kabala
Michael T. McConville
Joseph M. Pietrzak
Elaine M. Rabbitt
Stephanie A. Reed
Robin L. Craver, Charlton Town Administrator
Dudley-Charlton Teachers' Association:
Kevin L. Foley, President
Agreement Between the Dudley-Charlton Regional School District and the Dudley-Charlton Teachers' Association 2013-2016 ratified by the Dudley-Charlton Teachers' Association on Thursday, May 9, 2013, and the Dudley-Charlton Regional School Committee on Wednesday, May 22, 2013.