Show detailed information about district and contract
| District | Fairhaven |
| Shared Contract District | |
| Org Code | 940000 |
| Type of District | Municipal K12 |
| Union Affiliation | MTA |
| Most Recent Document | Contract |
| Expiring Year | 2010 |
| Expired Status | |
| Superintendency Union | |
| Regional HS Members | |
| Vocational HS Members | Greater New Bedford RVTSD |
| County | Bristol |
| ESE Region | Southeast |
| Urban | |
| Kind of Community | urbanized centers |
| Number of Schools | 5 |
| Enrollment | 1986 |
| Percent Low Income Students | 28 |
| Grade Start | PK or K |
| Grade End | 12 |
A G R E E M E N T
BETWEEN THE
FAIRHAVEN EDUCATORS’ ASSOCIATION
UNIT A
AND THE
FAIRHAVEN SCHOOL COMMITTEE
2007 - 2010
AGREEMENT
BETWEEN THE
FAIRHAVEN
EDUCATORS’ ASSOCIATION
and the
TOWN OF FAIRHAVEN
SCHOOL COMMITTEE
Pursuant to
the provisions of Chapter 150E of the General Laws of the Commonwealth of
Massachusetts, THIS AGREEMENT made this day of , 2007 by and between the
SCHOOL COMMITTEE OF THE TOWN OF FAIRHAVEN (hereinafter called the Committee)
and the FAIRHAVEN EDUCATORS’ ASSOCIATION (hereinafter called the Association).
UNIT A COLLECTIVE
BARGAINING AGREEMENT
TABLE OF CONTENTS
ARTICLE 2
RECOGNITION, SCOPE, LIMITATION..
ARTICLE 3
NEGOTIATION PROCEDURE
ARTICLE 5
TEACHING HOURS AND TEACHING LOAD
ARTICLE 7
EMPLOYMENT, RESIGNATION
ARTICLE 10
TRANSFERS AND REASSIGNMENTS
ARTICLE 11
VACANCIES AND PROMOTIONS
ARTICLE 12
TEACHER EVALUATION AND FILES
ARTICLE 15
SALARIES AND FRINGE BENEFITS
ARTICLE 17 SICK
LEAVE PROVISIONS
ARTICLE 18
TEMPORARY LEAVES OF ABSENCE
ARTICLE 19
EXTENDED LEAVES OF ABSENCE
ARTICLE 22 AD HOC
COMMITTEES AND COUNCILS
ARTICLE 25
PROFESSIONAL DEVELOPMENT AND EDUCATIONAL IMPROVEMENT
ARTICLE 27 RIGHTS
AND OBLIGATIONS OF THE EMPLOYER..
ARTICLE 32
DURATION OF AGREEMENT
ARTICLE 33 OFFICIAL FEA
CONTRACT
In
recognizing that our prime interest and purpose is to provide education of the
highest possible quality for the children of Fairhaven and that good morale
within the teaching staff of the Fairhaven Public Schools is essential to the
achievement of that purpose, we, the undersigned parties to the Agreement,
hereby declare that:
1. Under the laws of Massachusetts, the
Committee, elected by the citizens of Fairhaven, has the final responsibility
for the establishment of the educational policies of the public schools of the
Town of Fairhaven. To that end, no part
or provision of this contract or any appendix attached hereto which is in
conflict with those responsibilities as set forth in any law or bylaw will
prevail while such conflict exists;
2. The Superintendent of Schools of
Fairhaven (hereinafter called the Superintendent) has the responsibility under
the law for carrying out the policies so established;
3. The teaching staff of the public
schools of Fairhaven shares with the Committee and the Administrative staff the
responsibility for providing the school children of Fairhaven with an education
of the highest possible quality consistent with policies established by the
Fairhaven School Committee;
4. Fulfillment of these respective
responsibilities can be facilitated and supported by consultation and free
exchange of views and information between the Committee, the Superintendent,
and the teaching staff in the formulation and application of policies relating
to wages, hours and other conditions of employment for the teaching staff; and
so,
5. To give effect to these declarations,
the following principles and procedures are hereby adopted.
1:1 Committee - School Committee of the Town of
Fairhaven, which under the Massachusetts law is elected by the citizens of Fairhaven
and has the final responsibility for the establishment of the education
policies of the public schools of the Town of Fairhaven.
1:2 Superintendent - The Superintendent of the Fairhaven
Public Schools, who under the Massachusetts law, has the responsibility to
carry out the policies established by the Committee.
1:3 Association - The Fairhaven
Educators’ Association which is the exclusive bargaining agent for all
teachers.
1:4 Administration -
The Superintendent and his/her entire central office staff including all
building principals.
1:5 Teacher - A person employed by the Committee as
defined in Article 2, 2:1.
1:6 School - Any work
location to which a member of this bargaining unit is assigned.
1:7 Association Representative
- A representative of the Fairhaven Educators’ Association.
1:8 Whenever the singular is used in this
Agreement, it is to include the plural.
1:9 Permanent Substitute - shall be
defined as any professional employee, who has been in continuous employment in
the same position for more than sixty (60) days.
1:10 Secondary Teachers
- Teachers in Grades 9-12
1:11 Elementary Teachers
- Teachers in Grades Pre K-5
1:12 Middle School Teachers
– Teachers in Grades 6-8
1:13 Submission Deadlines
– Deadline for all submission dates is 3:00 p.m. of that business day.
2:1 For the purposes of collective bargaining
with respect to wages, hours, standards of productivity and performance, other
conditions of employment, the negotiation of collective bargaining agreements,
and any other questions arising thereunder, the Committee recognizes the
Association as the exclusive bargaining agent and representative of all
classroom teachers, including part-time teachers doing the work of bargaining unit
members, teachers under federal programs, speech teachers, and school
psychologists and social workers, occupational therapist and physical
therapist, coaches, permanent substitutes, full-time tutorial personnel,
attendance officers, guidance counselors, and academic coordinators in the
elementary, middle school, and senior high schools, and including those persons
whose duties are primarily those of a teacher, regardless of classification,
and to the exclusion of all other employees of the Fairhaven Public Schools.
2:2 Subject to the provisions of the
Agreement, and except as otherwise provided by Appendix A, attached hereto and
made a part hereof, all other conditions of employment remain as they were
prior to the effective date of this Agreement.
The Committee retains all policy-making powers not specifically modified
by the terms of the Agreement.
2:3 All matters covered by this contract are
all the matters to which the parties have bargained and intend to bargain
except as provided for under Article 32:3, and any matter which is not covered
by the language of the Contract is retained to the School Committee with full
discretion.
2:4 Official
representative of the employees covered by this Contract, on any committee
provided by this Contract and pertaining to the provision of this Contract,
shall be selected by the Association.
2:5 Copies of the School Committee minutes
shall be provided to the Association President.
2:6 Copies of the agenda of the Committee
meeting shall be sent to the Association President at the same time they are
sent to the Committee members.
2:7 Whenever members of the bargaining unit
are required by the conditions specified in Article 4:3.7, or by the American
Arbitration Association, to participate during working hours in conferences,
meetings, or in negotiations respecting the Collective Bargaining Agreement,
they shall suffer no loss of pay.
3:1 Not later then September 15 of the
calendar year preceding the calendar year in which this Agreement expires, the
Committee and the Association agree to enter into negotiations over a successor
agreement, in accordance with the procedures set forth herein, in a good-faith
effort to reach an agreement concerning teachers’ wages, hours, and other conditions
of employment. Any Agreement so
negotiated will apply to all teachers as defined in Article 2:1, and will be
reduced to writing and signed by the Committee and the Association.
3:2 During negotiations, the Committee and the
Association will present relevant data, exchange points of view, and make
proposals and counterproposals. either party may, at its own expense, if it so
desires, utilize the services of outside consultants and may call upon
professional and lay representatives to assist in the negotiations.
3:3 Before the Committee adopts a change in
policy which affects wages, hours or any other conditions of employment, which
is not covered by the terms of this Agreement and which has not been proposed
by the Association, the Committee will notify the Association that it is
considering such a change; and the
Association will have an opportunity to express its views at the next meeting
of the Committee following notification.
A letter noting specifically any such proposed changes in policy shall
be deemed adequate notice for the purpose of this section. No policy will be adopted unless the
Association has been given eleven (11) days prior notice.
3:4 Under
normal circumstances, negotiations and/or grievance procedures will be held
during non-school hours.
4:1 DEFINITIONS
4:1.1 A
grievance is defined as a question, problem, or disagreement, which arises
concerning any provision of this Agreement, with respect to the wages, hours,
or working conditions of an employee(s) covered by this Agreement, or an
alleged violation of any provision (s) of this Agreement.
4:1.2 An “aggrieved person” is the person(s)
declaring a grievance.
4:1.3 A group grievance may be filed by the
Association on behalf of a group or classification covered by this Agreement
only when there is an alleged violation of the terms of the Agreement affecting
such classifications.
4:1.4 A “party in interest” is the person(s) making
a claim and any person, who might be required to take action or against whom
action may be taken, in order to resolve a claim.
4:1.5 A “bill of complaint” is a written statement
of the grievance signed by the aggrieved person or party, which must be
submitted for the initiation of any such action under the Grievance Procedure. This “bill of complaint” must state
specifically the Article and subsection of said Article alleged to have been
violated and state the exact nature of the alleged violation.
4:1.6 For the purposes of this Article
“Administration” includes those personnel on Levels One (1) and Two (2) of the
Grievance Procedure.
4:1.7 A “permanent substitute teacher” is a teacher
serving continuously for more than sixty (60) days in the same position.
4:1.8 For the purposes of this Article, whenever
the term “days” is used, it will refer to calendar days.
4:2 PURPOSE
4:2.1 The
purpose of the grievance procedure as set forth hereinafter is to produce, at
the lowest possible level, equitable and prompt solutions to those problems,
which may from time to time arise, affecting the application of the provision
of this Agreement. The Committee and the
Association desire that such procedure shall remain as informal and as
confidential as may be appropriate; and
nothing in this Agreement shall be construed as limiting the rights of any
teacher having a grievance to discuss the matter informally with any
appropriate member of the Administration, provided the adjustment of the
grievance is not inconsistent with the terms of this Agreement.
4:2.2 Any matter which is not covered by any
provision of this Agreement may not be subject to the grievance procedure under
this Agreement.
4:2.3 Any voluntary assumption of duties or sharing
of responsibilities between teachers, unless specifically prohibited by the
terms of this Contract, shall not be deemed a grievance nor a violation of the
Agreement.
4:3 PROCEDURE
4:3.1 Since it is important that grievances be
processed as rapidly as possible, the number of days indicated at each level
should be considered as maximum and every effort should be made to expedite the
process.
4:3.2 In
the event a grievance is filed on or after June 1, which, if left unresolved
until the beginning of the following school year, could result in irreparable
harm to a party in interest, the time limits set forth herein will be reduced
so that the grievance procedure may be exhausted prior to the end of the school
term or as soon thereafter as is practicable.
4:3.3 LEVEL
ONE - A teacher with a grievance will file the written
grievance with his/her principal or immediate supervisor, either directly or
through the Association Building Representative, with the object of resolving
the matter. (This is not to be construed
as precluding informal discussions between Association members and their
immediate superior with a view toward arriving at a solution in a more informal
manner. The Committee and the
Association agree that dialogue with a view toward informal solution is to be
preferred prior to utilization of the formal grievance procedure.)
4:3.4 LEVEL
TWO – (a) If the aggrieved
person is not satisfied with the disposition of his grievance at Level One, or
if no decision has been rendered within ten (10) days after the presentation of
his/her grievance, he/she may file the grievance in writing as a “bill of
complaint” with the Chairman of the Association’s Committee on Professional
Rights and Responsibilities (hereinafter referred to as the P R & R
Committee) within five (5) days after the decision at Level One (1) or fifteen
(15) days after the grievance was presented, whichever is sooner. Within five (5) days of the receipt of the
written grievance, the chairman of the P R & R Committee will refer it to
the Superintendent of Schools.
(b) The Superintendent will represent the
Administration at this level of the grievance procedure. Within ten (10) days after receipt of the
written grievance by the Superintendent, the Superintendent will meet with the
aggrieved person(s). If the aggrieved
person(s) is/are not represented by the Association at this level, a
representative of the Association may be present but may not participate in the
discussion.
(c) If a teacher does not file a grievance in
writing with the Chairman of the P R & R Committee and a written grievance
is not forwarded to the Superintendent within thirty (30) days after the
grievance is based, then the grievance will be considered as waived. A dispute as to whether a grievance has been
waived under this paragraph will be subject to arbitration pursuant to Level
Four and will be a threshold issue if the grievance is presented to arbitration
pursuant to Article 4:3.6 below.
4:3.5 LEVEL
THREE - If the aggrieved person is not satisfied with the
disposition of his grievance at Level Two, or if no decision has been rendered
within ten (10) days after he/she first met with the Superintendent, he/she may
file the grievance in writing with the Chairman of the PR & R Committee
within five (5) days after the decision of the Superintendent or fifteen (15)
days after he first met with the Superintendent, whichever is sooner. Within five (5) days after receiving the
written grievance, the Chairman of the P R & R Committee will refer it to the School
Committee. Within ten (10) days after
receiving the written grievance, the School Committee will meet with the
aggrieved person and a representative of the P R & R Committee, if the
aggrieved person so desires for the purpose of resolving the grievance. The ultimate decision on the grievance at
Level Three will be rendered by the School Committee.
4:3.6 LEVEL
FOUR - If, at the end of twenty-five (25) days next following
presentation of the grievance in writing to the School Committee, the grievance
shall not have been disposed of to the satisfaction of the P R & R
Committee of the Association, and if the grievance shall involve disputes over
the interpretation or application of any provisions of the Agreement, the
Association may by giving notice to the School Committee, within ten (10) days
next following conclusion of such period of twenty-five (25) days, present the
grievance for arbitration.
4:3.7 The grievance shall be submitted to the
American Arbitration Association for arbitration and decision in accordance
with the applicable rules of said Association.
The arbitrator will confer with representatives of the Committee and the
Association and hold hearings, and will issue his decision, in writing, setting
forth his findings of fact, reasoning and conclusions on issues submitted. The decision of the arbitrator, other than
the arbitrability of the issued involved, shall be final and binding upon the
parties, except that the arbitrator shall make no decision which alters,
amends, adds to or detracts from this Agreement, or which recommends a right or
relief for any period of time prior to the effective date of this Agreement, or
which modified or abridges the right and prerogatives of the Committee as set
forth in this Agreement or as set forth in any provision of law or which is
contrary to any pertinent provision of law.
4:3.7.1
The Association agrees that the Committee has complete
authority over the policies and administration of the Fairhaven Public School
System, which it exercises under the provisions of law, and that the Committee
will continue to retain, whether exercised or not, the responsibility and
prerogative to direct the operation of the Fairhaven Public Schools in all
aspects, except same shall not be exercised in violation of any of the express
terms or provision of this Agreement.
The action of the Committee with respect to such retained rights and
responsibilities shall be subject to arbitration.
5:1 WORK YEAR
5:1.1 The
Association and the Committee agree that the work year for teachers (other than
new personnel, who may be required to attend additional orientation sessions)
shall consist of five (5) days more than the total number required by the State
Board of Education for student attendance.
The 185 day teacher work year includes an allowance for days when
weather conditions or other emergencies require the canceling of classes. If the anticipated number of cancellations
does not occur, the School Committee retains the right to shorten the 185 day
work year to 182 days.
5:1.2 The teacher work year will include days when
pupils are actually in attendance, orientation days at the beginning of the
school year, and any other days on which teacher attendance is required.
5:1.3 It is further agreed by the Association and
the Committee that the superintendent may extend the individual teacher’s work
year if outstanding reports, marks, and other normal termination duties are not
completed satisfactorily.
5:1.4 On the day that teachers are required to
report to school for the new year, teachers will not be required to attend
district-wide or individual building staff meetings later than noon time.
5:2 WORK DAY
5:2.1 It is recognized that in order to fulfill
professional responsibilities, personnel covered by this Agreement may find it
necessary to stay beyond the normal working day without extra compensation,
performing such duties as giving make-up work, meeting with parents, meeting
with pupils who need assistance or advice, meeting with professional colleagues
to discuss students, and for reasons of detention and discipline.
5:2.2.1
The work day for elementary teachers
will be of six (6) hours and forty-five (45) minutes duration; this time will include a thirty (30) minute
duty-free lunch.
5:2.2.2
The work day for middle school teachers will be of seven (7) hours and seven
(7) minutes duration; this time will
include a duty-free thirty (30) minute duty-free lunch period.
5:2.2.3 The work day for secondary teachers will be
of seven (7) hours and seven (7) minutes duration; this time will include a
twenty-five (25) minute duty-free lunch period.
5:2.3 The
normal workday of classroom teachers will begin fifteen (15) minutes before
starting times for students and end twenty (20) minutes after dismissal times
for students. On Fridays and all school
days immediately preceding holidays, the dismissal times of teachers will
coincide with those of students, except as provided in paragraph 5:4.1.2.
5:2.4 In those schools where students may be
detained while awaiting the school bus arrivals, discretion will be allowed to
the principal to establish a rotating schedule of teachers to cover supervision
of students. Except in emergency and other
unplanned situations, elementary teachers will not be assigned both a morning
and afternoon supervision duty within the same work day.
5:2.5 Starting and dismissal times are subject to
modification by the Administration and School Committee to allow for unforeseen
circumstances and for staggering schedules between schools for transportation
and scheduling purposes, provided, however, that no such modification will
increase the length of the teacher’s work day prior to negotiations on said
increase in length of the school day.
5:2.6 The
Committee shall have the right to discipline any teacher failing to provide
professional services to any student requesting such service prior to the
expiration of the work day as outlined above.
(See Section 5:2.3)
5:3 WORK WEEK
5:3.1 Additional periods will be offered first to
current staff members. If staff members
volunteer to participate by teaching additional periods beyond those included
as part of their normal assignment, they shall receive extra compensation at
one-seventh of 1/180 of their annual teaching salary for each additional class
period they agree to teach beyond the base assignment under Section 5:4.3
hereafter. Any such agreement shall be
in writing and signed and dated by the teacher and a representative of the
Administration. Academic extended school
day programs will be offered first to current staff members at the
district-wide hourly stipend rate of $25.00 per hour.
5:4
TEACHING LOAD
5:4.1 High School and Middle School teachers will,
in addition to any established lunch periods, have at least one (1) unassigned
period per day during which they will not be assigned to other duties.
5:4.1.1 ELEMENTARY
PLANNING PERIODS
a. “All
teachers (classroom teachers, special needs teachers, specialists) in grades
K-5 shall, in addition to any established lunch period, have scheduled planning
periods in an amount of approximately forty (40) consecutive minutes per day.”
If it becomes necessary to
change the time of a teacher’s regularly scheduled planning period, the teacher
affected by such change shall receive twenty-four (24) hours notice. It is
recognized that in an emergency situation it may be impossible to provide
twenty-four (24) hours notice.
On other than complete
days, the teacher’s regularly scheduled planning periods will be adjusted in a
way that each teacher receives an equal amount of time.
If it is necessary for a
teacher to attend a special meeting or event during his/her regularly scheduled
planning period, the teacher will be given a planning period of approximately
forty (40) consecutive minutes at another time during the day.
b. If
the specialist is absent, the Committee will make a good faith effort to obtain
a substitute; if a substitute is unavailable, the teacher will conduct the
class.
When a teacher conducts a
class during the time when he/she would normally be free of
instruction/supervision, the teacher will be compensated at the rate of twenty
dollars ($20.00) per class.
c. The
Association and the School Committee agree that it is often difficult to
provide planning time on field trips, field days and during the holiday
concerts, spring concerts and shows when the specialist teachers are involved
with these events, and, therefore, planning time may not be provided.
The Association and the
Committee agree that at the end of the school year, the specialists in health,
art, music, technology education, and physical education will have the last two
(2) student days for inventory and other cleanup activities, and, therefore,
planning time for teachers on those last two (2) student days of the school
year will not be provided.
5:4.1.2 Special education staff will be provided
with added support divided equitably between all levels within the school
department. This support is for the
clerical aspects of the Individual Educational Plan. This support shall be divided as the Special
Education Director deems appropriate.
This support does not supplant the duties and responsibilities of the
special education teacher. The special
education teacher is the individual responsible to write and complete all of
the educational aspects of Chapter 766/DEA procedure within the required
timelines.
5:4.2 There will be a fifteen (15) minute
recess period each day in the elementary schools; wherever possible, the safety and welfare of
the pupils permitting, and consistent with good administrative practice,
elementary teachers will be off-duty for such recess periods every other day,
except in cases of inclement weather and poor playground conditions.
5:4.3
a. Academic
middle school teachers will be assigned a maximum of twenty-seven (27)
fifty-five (55) minute teaching periods per six (6) day cycle. However, in no event shall any teacher be
assigned to more than thirty (30) periods of teaching and student supervision
periods per six (6) day cycle combined.
In the event the schedule at the Middle School is changed, the current
work-day of the teachers will not be exceeded by any new configuration of
teaching time.
b. Academic high school teachers will be
assigned a maximum of thirty (30) fifty-seven (57) or fifty-eight (58) minute
teaching periods per seven (7) day cycle.
c. The Association and the Committee agree
that an individual teacher may agree, at
his/her sole discretion, to assume a teaching load that constitutes an
exception to this provision. However,
the Association and the Committee further agree that any such exception made at
the discretion of a teacher shall not constitute a waiver of the limitations
set forth in Section 5:4.3 a. and b. with respect to any other member of the
bargaining unit, or with respect to future teaching loads to be assigned to the
individual teacher concerned in subsequent school years. See Section 5:4.3.5 for specific provisions
applied to high school faculty.
5:4.3.1
All academic
high school and middle school teachers will be scheduled for one (1) or more
unassigned periods each day exclusive of lunch periods. One of these periods each day shall be a
planning period for the teacher’s professional preparation. In addition, each teacher assigned to a team
at the Hastings Middle School shall have at least two (2) team planning periods
in a 6-day cycle. The team planning periods are dependent on maintaining
staffing levels at the Hastings Middle School. In the event that layoffs occur
with the result that the team planning periods may not be provided, the parties
agree to negotiate prior to the time any decision to eliminate the team
planning periods is made. It is
recognized that the final determination relative to the continuation of the
team planning period shall be that of the Superintendent of Schools. Some of the tasks of the teams may include,
but are not limited to: sharing the best practices in teaching and learning;
examining benchmarks students are required to master; collaborating to provide
students with accurate, timely, and specific feedback; planning effective units
and lessons; examining student work; solving common problems of teaching; and
consultation with special education staff regarding the delivery of inclusion
services and regarding I.E.P.s. Academic
Coordinators shall be scheduled the following unassigned teaching periods per
day:
#
Personnel to be Evaluated Unassigned
Classes
4 or less 0
5 – 10 1
11 – 19 2
20 or more 3
5:4.3.2
High school teachers may be assigned student supervision
periods during periods not assigned teaching duties, but not in excess of five
(5) such periods per seven (7) day cycle for a period of one term (term defined
as ¼ of 1 year). Such student
supervision shall include study hall, corridor, locker room, lunchroom, and
grounds. High school teachers may, on a
voluntary basis, accept non-teaching duties other than those specified in
Section 5:4.3.5
5:4.3.3
All teachers shall be considered to be at their assigned
work place during the hours of the assigned work day, exclusive of the lunch
period assigned, unless specifically released by the Building Administrator and
logged. Teachers will sign in/out of
building at all times excluding entering and leaving at start/end of day.
5:4.3.4
Middle School
teachers who teach academic core subjects may be assigned student supervision
periods or teaching team administrative duties during periods not assigned to
teaching duties, but not in excess of one (1) period per six-day cycle. Student
supervision duties may include, but are not limited to lunchroom and directed
study. Administrative duties may include, but are not limited to, department
work, student and/or guidance conferences, administrative conferences, and/or
parent conferences.
5:4.3.5
High school teachers
may volunteer to accept a sixth teaching period assignment in lieu of a
supervision period and/or homeroom subject to the following conditions:
a)
no more than two (2) teachers within
the same discipline or subject area may assume a sixth assignment in one year;
b)
the total number of volunteers assigned
a sixth assignment will not exceed six (6) teachers in one year;
c)
non-professional status teachers may
not volunteer in the first year of their employment;
d)
all voluntary sixth assignments will
cease before any Reduction in Force;
e)
teachers who choose not to volunteer
will be subject to no reprisals, adverse actions, or undue pressure of any kind
(See Appendix D – Consent Form – “Volunteer Request Form For Additional
Teaching Assignment or Supervisory Assignment”)
5:4.4 To the extent that it is practicable
and educationally sound, teachers in Grades 6-12 will not be required to teach
in more than two (2) subject areas nor in more than a total of three (3)
teaching preparations within said subject at any one time. (N.B.
For purposes of this section, the term “subject” shall refer to a
specific discipline or area rather than being used to differentiate between
ability levels within a given discipline or subject-matter area.)
High School
teachers may be assigned to four (4) preparations in any one term when
unavoidable but they will never be required to teach five (5). When possible, teachers who teach four (4) or
more teaching preparations in one term will not be assigned student supervision
duties such as directed study, lunch room duty , or hall duty during scheduled
class periods. Preparation refers to any
individual course listed by number in the Program of Studies.
5:4.4.1
Teachers in grades 6 through 12 who are certified in
secondary subject-matter fields, and who are teaching exclusively in one (1) or
two (2) certifiable teaching disciplines, will not be required to teach in more
than two (2) subject areas (or teaching disciplines) nor in more than three (3)
teaching preparations within these disciplines on any given day. However, nothing shall imply that a teacher
may not voluntarily assume an assignment of more than three (3) preparations of
single section courses within a single subject matter or discipline.
5:4.4.2 Teachers in grades 6-12 will note the
framework standard numbers for English/Language Arts, Mathematics,
Science/Engineering and History/Social Sciences on their daily lesson
plans. Teachers in grades K-5 will note
framework standard numbers for English/Language Arts and Mathematics. Such standard numbers will be provided to
teachers by administration.
5:4.5 Exceptions to the provisions of
Sections 5:4.1, 5:4.1.1, 5:4.3.1, 5:4.3.2, 5:4.3.3, or 5:4.4 above may be made
only if the Superintendent (or his designee) determines that it is necessary to
do so in the best interest of the education process. Any intended exception will be discussed with
the Superintendent or the principal prior to making such an assignment. The Association will be notified of each
instance that the exception is made. If
a teacher objects to the declaration that such an exception is justified, the
grievance procedure may be immediately initiated at Level 2.
5:4.6 All activities held before or after
contracted school hours shall be conducted on a voluntary basis with
remuneration determined by the Unit A “Additional Salary Remuneration” section
of the current Agreement.
5:4.7 It will be the responsibility of the
building principal to provide a substitute for any teacher who is absent due to
authorized school activities.
5:4.8 Teachers at the Middle School and High
School who supervise a class of an absent teacher shall be compensated at the
rate of ten dollars ($10.00) per class, or on the basis of the teacher’s daily
rate of pay multiplied by the fraction of the workday spent conducting the
class, whichever is greater.
5:4.9 In the event that circumstances dictate
the combination of a teacher’s two (2) kindergarten classes (ex. Day before
Thanksgiving) the building principal will provide the services of his/her
building aide to the kindergarten teacher.
5:5 PROFESSIONAL STAFF MEETINGS
5:5.1 It is further agreed by the Association
and the Committee, and recognized by both, that placing unwarranted demands on
the time of professional personnel is undesirable. However, it is also recognized that a dynamic
school system is constantly striving toward excellence, which can only emanate
from professional conversation about professional matters leading to purposeful
decisions. It is further recognized that
it is desirable and necessary that professional personnel meet to make
recommendations to the Administration and Committee on curriculum matters
concerning the various departments and divisions of the school system. All staff participating in in-service
workshops will receive PDP certificates within one month after the workshops
are held.
5:5.2 All mandatory meetings will usually be
called on Thursdays except that an allowance may be made to an individual
faculty or curriculum group, department, team or grade level group to hold a
meeting(s) on other than Thursdays at the discretion of the individual group
involved, and provided that there is no conflict with a previously established
system-wide meeting.
5:5.2.1 Teachers involved in the district’s Mentor
Program will attend up to four (4) mandatory meetings until no later than 4:30
p.m. on Tuesdays in any one calendar year.
Refer to 25:9.
5:5.3 Persons covered by this Agreement may
be required to remain after the normal work day without additional compensation
for up to one (1) hour to attend building-faculty meetings called by the school
principal on one (1) day of each month.
This meeting will occur the first Thursday of each month.
5:5.4 Persons
covered by this Agreement may be required to remain after the normal work day
without additional compensation for up to one and one-half (1-1/2) hours for
sixteen (16) meetings per school year for building curriculum meetings,
department meetings, team or grade level meetings and other meetings authorized
by the Superintendent. These meetings will occur on the second and/or third
Thursdays of each month.
5:5.4.1
TBST
meetings reasonably held before or after school at a mutually agreed upon time
will allow teachers to accrue compensatory time to be used at an agreed upon
time, and logged by the building principal.
5:5.5 Teachers will be required to attend
one evening Open House during each school year.
Additionally, teachers may be required to attend a second evening
meeting so long as an equivalent time period is scheduled at a later date for
early teacher dismissal during a release time day. Attendance at all other
evening meetings shall be at the option and discretion of the individual
teachers. On the day that the evening Open House is scheduled, teachers will be
allowed to leave at the same time as student dismissal.
5:5.6 In the event a meeting, in addition to
the above, is necessary because of an emergency or exceptional circumstance,
upon notification to the Association, the Superintendent may call an emergency,
unscheduled meeting.
5:6 SCHOOL YEAR AND DAY OF ATYPICAL
POSITIONS
5:6.1 It is recognized that the school year
and school day as described in the foregoing sections of this Article are
intended to apply equitable, professional responsibility
and working conditions for the majority of the members of this Unit which
consists of classroom teachers. However, it is also recognized that others, whose duties may not be assigned to classroom teaching responsibilities and whose working conditions may be atypical in relation to the majority of this Unit may have additional work hours and/or supervisory responsibilities for which an additional pay differential is provided in Appendix A. Such positions would include: assistant principals, directors, department heads, counselors, and the supervisor of attendance.
5:6.2 GUIDANCE COUNSELORS: Guidance counselors are expected to report
for work for up to ten (10) days beyond the teacher work year to assist in
scheduling and programming of students, and for the completion of final grades
and reports on students. Effective with
the 1994-1995 work year, guidance counselors at Fairhaven High School shall
work an additional fifteen (15) days beyond the teacher work year. Effective with the 1998-1999 work year, the
Director of Guidance shall work an additional ten (10) days beyond the high
school counselors work year. These days
may include days immediately prior to, during, and/or immediately following the
teacher work year, as determined by the principal. Due to the additional work responsibilities
beyond those required of classroom teachers, the differentials provided in
Appendix A are established.
5:6.3 ADJUSTMENT COUNSELORS: Adjustment Counselors may be called upon to meet
in the evenings with parents and personnel from various social agencies and
courts beyond the usual hours required for classroom teachers. In addition,
some
minimal
follow-up work with social agencies and court personnel may be required during
vacation periods. For these and other
minimal time commitments beyond those required for classroom teachers in the
Unit, an additional stipend or differential has been established as provided in
Appendix A.
5:6.4 Working conditions for Adjustment
Counselors shall remain as outlined under 5:6.3 as long as the current
incumbents hold their positions.
However, the position of Adjustment Counselor shall be considered as
“red-lined”.
5:6.5 Certain positions, marked with an
asterisk in Appendix A of this Agreement, shall be considered as “red-lined”
and will not receive a stipend after the present incumbent leaves the
position. In like manner, teachers
receiving said stipend shall not be reduced in the stipend, as long as they
hold such a position within the system;
not unless the current incumbent assumes a different position within the
system, resigns, or retires.
5:7 NON-STANDARD
HOURS
5:7.1 Teachers
may be assigned to work hours other than those established in Articles 5:1 –
5:6 above, subject to the following provisions.
5:7.2 DEFINITIONS
5:7.2.1 PART-TIME – The term “part-time” means a
work schedule shorter than the full-time work assignment contemplated in
Articles 5:2 and 5:3.
5:7.2.2 JOB SHARING – The term “job sharing” means
a combination of part-time employment by
two or more teachers to fill a position previously assigned as a full-time
assignment to one teacher.
5:7.2.3 FLEXIBLE TIME – The term “flexible time”
means the assignment of one teacher, or two or more teachers in a job sharing
assignment, to duties in which some or all of the work may be outside the usual
school day contemplated in Article 5:2
5:7.3 PART-TIME POSITIONS
5:7.3.1 Except as provided below, the
Superintendent in his/her sole discretion,
may establish part-time positions for any of the work assigned to
teachers. A part-time position newly
established, or a vacancy in an existing part-time position, shall be subject
to the posting and bidding requirements of Article 11 of this Agreement. A teacher in a part-time position shall be
paid the applicable salary and benefits provided in this Agreement prorated by
the ratio of part-time hours worked to full-time hours contemplated in Article
5:2, except that – 1) leave shall be rounded to the next highest full day, and
2) specific benefits shall not be prorated if such prorating is otherwise
prohibited by applicable law.
5:7.3.2 The establishment of part-time positions, and
the assignment of teachers to part-time positions, shall be subject to the
following provisions. No more than two
(2) such positions per department subject to this Agreement shall be assigned
to part-time positions at any one time.
No employee assigned to full-time employment shall be reassigned to
part-time employment without his/her consent.
5:7.3.3 An employee who is hired to fill a
part-time position shall begin to accrue seniority on a prorated basis until
he/she is assigned to a full-time position.
An employee in a full-time position who is reassigned to a part-time
position shall maintain his/her seniority status.
5:7.3.4 Except as expressly provided in Article 5:7.4
the provisions of this Article 5:7.3 shall apply to job sharing positions.
5:7.4 Job sharing assignments may be established
by the Superintendent, and may, but need not, be initiated by the proposal of
two or more teachers to enter into a job sharing assignment. Job sharing assignments proposed by two or
more teachers shall not be subject to posting and bidding.
5:7.5 Flexible time assignments may be established
by the Superintendent and may, but need
not, be initiated by the proposal of one or more teachers to be assigned to a
flexible time assignment. Flexible time
assignments proposed by one or more teachers shall not be subject to posting
and bidding.
5:7.6 Except as otherwise provided in this
Article 5:7, or by applicable law, a teacher assigned to a part-time, job
sharing or flexible time assignment shall be entitled to all the benefits
otherwise provided to teachers under the provisions of this Agreement.
5:8 WORK
PERFORMED BY NON-UNION MEMBERS
5:8.1 Nothing in this Agreement shall prevent the
use of non-union members, meeting applicable state requirements, to perform
teaching duties on an occasional or temporary basis, provided the following:
a.) Non-union
members shall not be assigned to full-time or permanent positions;
b.) No
more than two courses in a single department in a school may be taught by
non-union members;
c.) The
cumulative teaching time assigned to non-union members shall not exceed
four percent (4%) of the total teaching
time assigned to all employees in the
Fairhaven schools; and
d.) No
union member shall be laid off in order to accommodate the hiring of a
non-union member under this section.
6:1 The
Committee and the Association acknowledge that a teacher’s 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:
6:1.1 The
teacher will not be required to perform the following duties:
6:1.2 Before-school
and after-school bus duty, milk distribution, supervision of playgrounds before
school, cafeteria duty, sidewalks, buses, except when these duties can be
performed within a teacher’s work day.
6:1.3 Health
services, such as administering eye or ear examinations and weighing and
measuring pupils.
6:1.4 Collecting
money from pupils for non-educational purposes, with the exception where
necessary, for the purchase of milk.
Although teachers may be required to collect and transmit money from
time to time for educational purposes, they will not be required to tabulate or
account for such money. For the purposes
of this section, acceptable charitable organizations as approved by the School
Committee will be considered an educational purpose.
6:1.5 Keeping
registers (except for initial entry of information), filling out of transfer
cards (except for entry of current grades), and census slips.
6:1.6 Opening
and/or removing anything from or placing anything in student lockers at the
Hastings Middle School and at Fairhaven High School. This is not intended to preclude elementary
teachers from placing appropriate materials in or removing them from pupils’ desks. In addition, it is understood that guidance
personnel may be required to go to students’ lockers for the sole purpose of
securing books and related materials for the purpose of providing
parents/students the tools to complete school work such as homework assignments
during the time the student may be absent from school due to illness, injury,
or other legitimate reason.
6:2 Teachers
will not be required to drive children to activities which take place away from
the school building.
6.3 Teachers
will not be required, under normal circumstances, to interrupt normal classroom
instructional time for supervising students in cafeteria or for supervising two
(2) classrooms at the same time. This
responsibility can be assigned by the Principal only in cases of emergency when
personnel normally assigned to that duty are unavailable due to illness or
personal emergency and acceptable substitutes are not available.
6:4 All Special Needs teachers at all grade
levels in the system will not have supervisory duties to allow them time to
complete necessary paperwork that is part of the Special Needs teachers’
workload.
7:1 EMPLOYMENT
7:1.1 The
Superintendent may start a newly hired or a returning teacher at a higher step
than would otherwise be provided for in this Agreement, if that teacher is
working in an area in which the Superintendent determines there is a critical
shortage.
7:1.2 As a condition of hiring, participation
in the district’s mentoring program will be required, with four (4) meetings
over a year on Tuesdays. Teachers new to
the profession will be required to participate in the program for two (2)
years; experienced teachers new to the district will be required to participate
in the program for one (1) year.
Teachers employed by the Fairhaven Public Schools will have an
Individual Professional Development Plan (I.P.D.P.).
7:1.3 Certified
teachers, with related industrial, business, or other experience may, at the
discretion of the Superintendent upon initial employment, be granted full
credit, not to exceed ten (10) years for that experience.
7:1.4 Teachers
who have left the Fairhaven School System to enter another field of employment
will, if re-employed in the system within five (5) years, be restored to the
next position on the salary schedule above that at which they left.
7:1.5 Step
placement for a teacher moving from Title I to Unit A shall be computed as
follows: Percentage of Title I teaching
load vs. the Unit A teaching load multiplied by 176 or equal applicable days of
Title I teacher’s work year vs. Unit A teaching year of 180 days (EX. 80% x 176
equals days of accrued service in Title I.)
The days of accrued service will apply to movement on the salary
schedule in accordance with Article 15:2.
Entrance into Unit A from Title I does not, however, carry with it any
seniority into Unit A.
7:1.6 The
provisions of Sections 7:1.1, 7:1.2,7:1.3, 7:1.4, and 7:1.5 above shall not be
construed to grant professional status to teachers who have not been employed
continuously for three (3) years in the Fairhaven School system next preceding
their employment or re-employment.
7:1.7 A
teacher shall be considered to have terminated employment upon return of a
“Salary Notice” unsigned to the
Superintendent. “Salary Notices” will be
prepared in duplicate both copies will be forwarded, unsigned to the Unit A
member. Both copies will be returned to
the Administrative Center signed by the Unit A member for the purpose of
obtaining the Superintendent’s signature.
The “Salary Notice” with both signatures present will be taken as
evidence that the member has accepted employment for the ensuing school year.
7:1.8 Any
contract or employment notification issued in error contrary to the
requirements and allowances provided for in this Agreement shall not be valid
and may be canceled by the Superintendent and re-issued without prejudice to
any previous signatures or acceptance by either party.
7:1.9 The
lack of substantiation of credits or the submission of unsubstantiated
information by any teachers concerning degrees and or credits accumulated,
shall result in the immediate revocation of any contract, regardless of any
signatures, and the re-issuance of a corrected contract and/or notification of
employment; and shall result in the
appropriate adjustment of payments as may be required to secure any necessary
retroactive adjustments of salary to the appropriate contract limits.
7:1.10 Starting on the sixtieth (60th) day of
continuous service in the same classroom assignment, a certified person will
have acquired permanent substitute status and will be placed on the appropriate
certified degree lane of the Unit A, salary scale; Superintendent to determine
step/level. Benefits to be pro rated. No retroactive payment will be made.
7:2 RESIGNATION
7:2.1 Contracts
may be terminated by mutual consent at any time. They may be terminated by the Committee as
provided by statute. The teacher may
resign for reasons of illness, pregnancy, emergency, or other good and
justifiable reasons, that must be substantiated by submitting a written
resignation at least thirty (30) days in advance (said thirty days to begin
upon receipt of the resignation by the Superintendent or his designee), at any
time, except during the month of August, during which month, unless the
contract has been terminated by mutual consent or Committee action, the teacher
will accept employment with no other school system; provided that in the event no Agreement for
salaries for the ensuing year has been signed between the Association and the Committee,
limitation on teachers resigning shall not be binding until such an Agreement
has been signed.
7:2.2 Any
resignation submitted in violation of conditions outlined in Section 7:2.1
shall be considered in violation of professional responsibility and of contract, and the
teacher shall be subject to any legal penalties provided by the laws of the
Commonwealth of Massachusetts.
7:2.3 Teachers
have a professional responsibility to the children of the Town of Fairhaven to
submit resignations to the Superintendent as early as possible in order that
the Superintendent may make adequate preparations for filling a vacancy with as
competent a person as possible.
7:2.4 If a newly appointed teacher resigns after
signing a contract, but before school begins for the academic year, or during
week one of the new academic year, he/she must pay for advertising and other
printing/reproduction costs. Costs shall
not exceed $1000.00 in verifiable advertising/printing costs.
8:1 Teachers
will be notified of their intended programs for the following school year,
including the school to which they will be assigned, the grade, and/or subject
that they will teach and any special or unusual classes or assignments they
will have as soon as practicable and, under normal circumstances, no later than
the close of school in June. If
circumstances are present which make it impossible to notify individuals of
their assignment by the close of school, the Administration will communicate
with the Association and give the Association the opportunity for hearing the
reasons for lack of notification or assignment.
8:2 In
order to assure that pupils are taught by teachers working within their areas
of competence, teachers will not be assigned, except as allowed under the
regulations of the Department of Education, temporarily and for good cause,
outside the scope of their teacher certification and/or their major or minor
fields of study. Teachers who are
currently employed outside their major or minor fields of study may continue to
remain in employment, in conformity to the regulations of the Department of
Education. In the case of specialists,
teachers of perceptually handicapped children, teachers of emotionally disturbed,
etc., individuals may be employed, who have not majored or minored in these
areas, but for whom recognition in the form of approvals or certifications may
be obtained by the State Department of Education for employment in areas other
than major or minor fields of study.
8:3 To
the extent possible, changes in grade assignment in the elementary schools and
in subject assignments in the secondary education process, the assignment may
be changed by the Superintendent
8:4 In
arranging schedules for teachers who are assigned to more than one school, an
effort will be made to limit the amount of inter-school travel. Such teachers will be notified of any changes
in their schedules as soon as practicable.
Teachers who are assigned to more than one school in any one school day
will receive a travel allowance equal to that paid other Town employees.
9:1 The
Committee agrees to continue its practice of not discriminating against any
teacher on the basis of race, color, creed, religion, national origin, age,
sex, marital status, physical handicap, sexual orientation, or membership in an
association with the activities of any teacher’s organization or political
group.
10:1
Although the School Committee and the Association recognized
that some transfer of teachers from one school to another is unavoidable and
that occasionally a reassignment of a teacher within a school is necessary,
they also recognize that frequent transfers of teachers is disruptive of the
educational process and interferes with optimum teacher performance.
10:2
Transfers will be made only when considered by the
Superintendent and Committee to be in the best interests of the school system
and/or the teacher.
10:3
When a reduction in the number of teachers in a school is
necessary, volunteers will be given the first consideration for transfer. If more than one volunteers, the most senior certified teacher will
prevail.
10:4
When involuntary transfers are necessary, a teacher’s
seniority, certification, evaluations, and suitability will be equally
considered in determining which teacher is to be transferred.
10:4.1
A teacher, being involuntarily transferred due to the
elimination of the currently held position as a result of consolidation of
reduced enrollment, may be assigned only to a vacant position within the same
certification area, if one is available, before “bumping” a teacher with the
lowest seniority in the same or any other area in which that teacher may hold
certification. In no event shall any teacher
whose position is so eliminated, be allowed to “bump” into any position in the
same or any other certification area, unless that position has the same or
lower salary level, and it clearly is not a “promotional position” as defined
in Article 11:3.1 nor shall there be any automatic claim to a vacant
“promotional position” under any circumstances.
The person being involuntarily transferred may, upon his/her choice,
return to his/her former area of certification, if vacated within a two-year
period of time.
10:4.2
An involuntary transfer will be made only after a meeting
between the teacher involved and the Superintendent (or his designee), at which
time the teacher will be notified of the reasons for the transfer. Teachers being involuntarily transferred as a result of consolidation or
elimination of positions, who meet posted qualifications, shall have preference
in filling positions over teachers seeking voluntary transfers and newly hired
teachers.
10:4.3
In the event that the teacher objects to the transfer at
this meeting, upon the request of the teacher, the Association will be notified
and the Superintendent (or his designee), will meet with the Association’s
representative to discuss the transfer.
10:4.4 Notice of transfer will be given to
teachers as soon as practicable and not later than the end of the school year
in June.
10:4.5
Teachers desiring transfers will submit a written request
through the principal to the Superintendent stating the assignment preferred.
10:4.6
Requests must be renewed each year; all requests will be
acknowledged in writing.
10:5 For the purpose of this article, a
“transfer” shall be defined as removal of a teacher from a position in one
school and placement in a similar or comparable position in another school on
the same general status and salary level.
10:6
For the purpose of this article, a “reassignment” shall be
defined as a movement of a teacher within a school from one grade to another or
from one subject matter area and/or department to another on the same general
status and salary level.
10:7
Transfers and reassignments may not be requested by the
teacher during the school year with the intent that they be effected during the
same school year, except a request may be made in most extraordinary
circumstances or when it is relatively impossible or extremely difficult to
find qualified candidates to fill a given vacancy and when, in the opinion of
the Superintendent, it shall be deemed to be in the best interests of the
school system and the children involved to make such a transfer during the
school year. When such a judgment is
made by the Superintendent, he shall file a written reason with the Association
stating the reasons why a transfer or a reassignment was allowed during the
school year.
11:1 VACANCIES
11:1.1 All
vacancies in professional positions will be publicized by the Superintendent by
means of notices placed on the Administrative Bulletin Board in every
school. Said notices will include qualifications,
job description, pay scale, and dates for filing applications.
11:1.2 The
qualifications set forth for a particular position will not be changed with
similar future vacancies occur, unless the Association has been notified in
advance of such changes and the reasons therefore.
11:1.3 Professional,
certificated vacant positions are posted within the system for a period of
fourteen (14) days, except between May 1st and the end of the school year, when
the posting period will be seven (7) days; and persons who possess required
certification may submit application.
11:1.4 Notices
of vacancies shall not be formally advertised outside the school system before
being posted within the school system. When the school department seeks to fill
a vacancy in the bargaining unit, the vacancy will be posted and/or advertised
consistent with the existing collective bargaining agreement. Discretion is
allowed the Superintendent for simultaneously advertising job vacancies in/out
of the district in circumstances related to grants and/or critical shortage
areas upon notification and approval of the Association President. The request
will not be unreasonably denied.
11:1.5 Vacancies
occurring during the months of July and August shall be publicized by written
notice transmitted to the President of the Association by mail, by posting on
the bulletin board in the Superintendent’s Office, on the District’s website,
and mailing to interested personnel who have previously provided a stamped,
self-addressed envelope.
11:1.6 When positions, that must be filled for the
opening of school, come open between August 1st and the first
teacher workday, the length of posting may be shortened.
11:1.7 Teachers,
who desire to apply for vacancies within the school system, shall submit their
applications in writing to the Superintendent as specified on the vacancy
notice. Teachers who apply for vacancies within the area of certification in
which they are teaching are not required to participate in any interview
process. However, interviews will be offered to all qualified internal
applicants.
11:2 All
qualified personnel will be given adequate opportunity to make application for
professional and coaching positions within the Fairhaven Schools and the
employer agrees to give due weight and consideration to the professional and/or
coaching background, quality of experience, areas of competence, fields of
study, quality of performance, professional dedication, personality,
certification, and seniority in the Fairhaven School system. It is agreed that
in accordance with the Massachusetts General Laws, the Principal or
Superintendent, as the case may be, has the final authority for selecting
personnel to fill professional and coaching positions.
11:2.1 When
a vacancy occurs during the school year, it will be filled on a temporary basis
for the remainder of that school year. Teachers in the system, who make
application for said vacancy in accordance with the provisions of Article 11,
will be notified of the action taken on said application. If at all possible
middle and high school teachers in permanent positions will not be appointed to
fill temporary vacancies during the school year unless said vacancy occurs at
the half-year point.
11:2.2 Applicants
from within the system, making application for specific positions, will receive
a written notification of the decision of the employer.
11:2.3 Vacancies
filled by non-teaching personnel from outside the system, which fill a position
listed under Additional Salary Remunerations, Athletic Schedule, will be
re-opened and re-advertised for the following school year.
11:3 PROMOTIONS
11:3.1 Promotional positions are annual
appointments subject to evaluation and shall be defined as follows: “Positions
paying a salary differential in addition to that of the base teacher’s salary,
and positions for which the total salary exceeds that of the person making
application, including but not limited to, positions such as specialist,
director, academic coordinator, counselor, and assistant principal.”
11:3.2 Teachers, who desire to be considered
for promotional position(s) , which may be filled during the summer vacation
period, shall submit their names to the Superintendent, together with the
title(s) or the position(s) they desire to be considered for, together with an
address where they can be reached during the summer vacation period.
11:3.3 The Superintendent shall notify such
teachers of any vacancy in a position for which they desire to be considered
and such notification shall set forth the qualifications of the position and,
so far as has been established, the salary and the description of duties of the
position.
11:3.4 Such notice shall be made as far in
advance as practicable, ordinarily at least twenty-one (21) days before the final
date when applications must be submitted and in no event less than ten (10)
days before such date.
11:3.5 In addition, the Superintendent shall,
within the same time period, post a list of promotional positions to be filled
during the summer vacation period, on the bulletin board in his office at the
Administrative Center and shall send a list of these positions to the President
of the Association (or his/her designee) at his/her preferential address.
11:4 Job descriptions for promotional
positions and positions carrying a salary differential, excluding those for
advisors and coaches of extra-curricular activities, shall be determined and
made a matter of administrative regulation, prior to posting the vacancy.
11:4.1 They will not be changed unless the
Association has been notified of such changes and the reasons therefore.
11:4.2 The Association shall be sent a copy of
the proposed description as it is intended to be approved, and shall notify the
Superintendent first and shall have the opportunity to be present at the School
Committee meeting at which it is to be discussed and to participate in such discussion.
11:5 The Association shall have the
opportunity to request that the matter of the salary differential be open for
bargaining purposes, if it is felt that sufficient variance is made in the
duties of the position from that for which salary differentials are already
determined under Appendix A of this Agreement.
11:5.1 All salary differentials thus bargained
between the Association and the Committee shall become an addenda to appendix A
and a part of this Agreement.
11.6 An employee who has received a notice
of non-renewal shall not be considered an internal candidate for vacancies and
promotions, and the provisions of Article 11 shall not apply to such an
employee.
12:1 EVALUATION – SEE ATTACHED NEW
EVALUATION DOCUMENT
12:1.1 All monitoring or observation of the
professional classroom performance of a teacher will be conducted openly and
with full knowledge of the individual.
The use of eavesdropping, public address, or audio systems, and similar
surveillance devices shall be strictly prohibited.
12:1.2 Any evaluation report prepared will be
followed by a conference between the teacher and the evaluator during which the
observations of the evaluator will be discussed.
12:1.3 Teachers will be given a copy of any
evaluation reports prepared by their superiors for insertion into their
personnel file.
12:1.4 Teachers will have a right to discuss
such report with their evaluator, and if asked for in writing by the teacher
and at another time, with the superior of the evaluator.
12:1.5 If a
request is made by the teacher for a conference with his/her evaluator, this
conference must be provided within five (5) school days, and if not honored,
the teacher has the right to request the superior of the evaluator to require a
meeting with him/her and with the evaluator to discuss any visitation and
evaluation report.
12:1.6 The evaluated person will acknowledge that
he/she has had the right to review such material by affixing his/her signature
to the copy to be placed in his/her personnel file, with the express
understanding that such signature in no way indicated agreement with the contents
thereof.
12:1.7 Teachers will solicit feedback from
their students bi-yearly; high school after semesters; middle and elementary
schools after the second marking period and in June. Release time will be provided to staff in
order to create uniform survey instruments.
It is agreed that the questionnaire will be distributed and received by
individual staff members themselves for feedback purposes only.
12:2 FILES
12:2.1 Teachers will have the right, upon written
request and within a reasonable time, to review and copy the contents of their
personnel file.
12:2.2 A teacher will be entitled to have an officer
or a representative of the PR & R Committee of the Association accompany
him/her during such review.
12:2.3
The Committee will be
entitled to have an observer present during such review.
12:2.4 No material derogatory to the 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.
12:2.5 The teacher will acknowledge that
he/she has had the right 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 INDICATED AGREEMENT WITH THE CONTENTS THEREOF.
12.2.6 The teacher will also have the right to
submit a written answer to such material and his/her answer will be reviewed by
the Superintendent, the principal, and/or evaluator, each of whom will affix
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. Said answer will be attached to the original
material.
12:3 No less than five (5) days before the
employer is to make its final decision relative to contract renewal for
teachers without professional status, a teacher, for whom a recommendation for
contract termination is to be made, will be informed in a written letter by the
Superintendent that there are strong indications that he/she will not be recommended
for contract renewal.
12:3.1 The
teacher will then have the right to submit a written statement to be read by
the employer before it makes its final decision.
12:4 It is understood and agreed that placement
office materials and references concerning the teacher, obtained at the time of
original employment, which were guaranteed as confidential, are not and shall
not be open to teacher inspection.
12:5 Any complaint which will form the basis of an
adverse entry made to a member of the Administration by a parent, student, or
other person will be reviewed with the teacher at an appropriate time and as
promptly as possible.
12.6
DISCIPLINE
12.6.1 The
association recognizes the authority and responsibility of members of the
Administration for disciplining or reprimanding a teacher for delinquency of or
lack of professional performance.
12:6.2 If a
teacher is formally disciplined or reprimanded by a member of the
Administration above the level of Principal, he/she will be entitled to have a
hearing on the matter with the Superintendent (or his/her designee) at which
time he/she may have a representative of the Fairhaven Educators’ Association
or Massachusetts Teachers Association present.
12:6.3 Subject to the provisions of Section 12:6.4
below, no teacher shall be disciplined, reprimanded (as defined), or reduced in
compensation without just cause, and no teacher shall be dismissed except for
insubordination, inefficiency, incapacity, conduct unbecoming a teacher, or
other good cause.
12:6.4 This
article shall not restrict the authority of the employer granted under General
Laws, Chapter 71, Sections 41, 42, 42A, and 43, with respect to dismissal or
rehiring of personnel without professional status.
12:6.5 A
teacher may elect to defend any action taken under this article through the
grievance procedure as stated in this Agreement or under the provisions of
General Laws, Chapter 71: however, once an action has been started under one
procedure, the teacher waives all rights to defending his/her case under the
alternative procedure.
12:6.6 A “reprimand” as referred to in Sections
12:6.1, 12:6.2, 12:6.3 above, is defined as a formal rebuke in written form
from a person in authority. For purposes
of this Article, the formal rebuke in written form shall be from the principal,
Superintendent, or higher authority.
12:6.7 A standing joint Association/School Committee
sub-committee, consisting of three (3) members appointed by the Committee and three (3) members appointed by
the Association, will be established to improve and update the procedures for
the evaluation of teachers. The report
of said sub-committee will be presented to the School Committee, the
Superintendent, and the Association from time to time and at least annually.
13.1 Each school should have the following
facilities wherever existing buildings and space permit.
13:1.1 A closet and/or a file cabinet in which
teachers may safely store or file materials and supplies;
13:1.2 A room to be used exclusively by the teachers
and educational support staff as a work area and lounge;
13:1.2.1 The dining area shall be used exclusively by
the teachers and educational support staff for a thirty (30) minute duty free
lunch.
13:1.3 Equipment and supplies to aid in the
preparation of instructional materials as reasonably determined by the
Superintendent.
13:1.4 A serviceable desk and chair for each
teacher, and,
13:1.5
A well-lighted and
clean restroom, including wherever possible, separate restrooms for male and
female teachers.
13:1.6 Facilities at, or in the school area will be
available for teacher parking; however, neither the Committee nor the Town
shall be responsible for policing such areas within school property. Wherever
such parking lots exist, an adequate portion will be reserved for the use of
teachers.
13:2 The Association will have the right to place
notices, circulars, and other materials on the Bulletin Board provided for
Association use, or in the teachers’ mail boxes.
13:3 The Committee agrees to comply with all
occupational health and safety standards and regulations as adopted by OSHA or
the Department of Labor, as well as state and local agencies.
The
Association and the School Committee agree to establish and maintain a
Committee in each building. The
Committee shall be made up of the building representative of the Association,
one other teacher, the Business Administrator and the building administration.
The
duties of the Committee shall include, but not be limited to, monitoring Health
and Safety conditions in the building and making recommendations to the
officials in charge of improvement.
14:1
Whenever a teacher is absent from school as a result of personal injury
compensable under the Massachusetts Workers Compensation Laws, caused by an
accident arising out of and in the course of his/her employment, he/she may
elect to charge all or part of such absence during the period of temporary
disability, due to the accident, to sick leave.
In such event he/she shall receive the sick leave pay to which he/she is
entitled for the period so charged, less the amount of any worker’s
compensation award made for temporary disability due to said injury for any
period for which such sick leave is paid.
14:2 In
the absence of such election, such teacher shall not receive his/her sick leave
payments during the period of his/her absence for temporary disability due to
the accident and his/her sick leave credit shall not be reduced by reason of
any workers compensation payments he/she may receive for temporary disability
due to injury.
15:1 The salaries of all persons covered by
this Agreement are set forth in Appendix A attached hereto and made a part
hereof by addenda.
15:1.1
Personnel who attain sufficient credits to move on the salary schedule
will receive the increment on either September 1 or March 1 as long as notice
is received by November 1st of the preceding school year.
15:1.2
Absences without earned sick pay in excess of ninety-two (92) days in
any one school year will not be counted for purposes of incremental salary
credit on the salary schedule.
15:2
Personnel coming into the school system during the year will move to the
next step on the salary schedule the following school year provided that they
have completed work for ninety-two (92) days during the initial year of
employment.
15:3 All
persons on the Teacher’s Salary Schedule will have the option of being paid in
forty-two (42) or fifty-two (52) weekly installments during the life of their
employment contracts. All members of the
bargaining unit must, by June 1st of each school year, submit a completed form
provided by the School Department for the purpose of selecting a payment
schedule for the following school year.
Once a payment schedule is selected, by said employee, he/she will not
be able to change that selection until the following June 1st. Any prorating of their contracts shall be on
the basis of one one-hundred eightieth (1/180) of their annual salary rate for
each day in which they actually performed the duties for which they
contracted. Prorations will be allowed
only upon acceptance of a resignation for acceptable reasons within the scope
of the individual contract, the granting of absence for sickness, maternity, or
other good cause; and for any deduction
necessary for absence in excess of leave allowances as contained in this
Agreement.
15:3.1 For
the teacher who elects to be paid in fifty-two (52) weekly installments,
his/her annual salary will be divided into fifty-two (52) equal installments,
with the forty-second (42nd) payment equal to the last eleven (11)
installments.
15:4 Personnel
who work beyond the school year will be compensated at the rate of one
one-hundred eightieth (1/180) of their annual salary.
15:5 Nothing
contained in this schedule shall prevent the School Committee from
establishment of special differentials for the critical area of Industrial
Arts.
15:6 By
October 15th of each year, the Fairhaven Educators’ Association will receive a
list of teachers employed in the system.
Said list will state their date of appointment to the system, degrees
earned, whether they are certified, and their salary for the current year.
15:7 Members
of Unit A shall be granted the privilege of free tuition with the public
schools under the following provisions:
15:7.1 No
implied preference shall be granted for the enrollment of any non-resident
child in school and classes where enrollment is over-crowded, to the exclusion
of the enrollment of resident children.
15:7.2 No
implied guarantee shall be made requiring the enrollment of any student within
the same school to which the parent Unit A member may be attached.
15:7.3 Non-resident
children of Unit A members may be asked to withdraw from enrollment in extreme
disciplinary cases or when an I.E.P. under Chapter 766 would place an unfair
financial obligation upon the Town of Fairhaven.
15:7.4 It
is understood that the discretion of the Fairhaven School Committee and the
Superintendent in non-resident enrollment shall be final and not subject to the
provisions of the grievance procedure herein.
15:8 It
shall be understood that in the computation of individual salaries, any
accredited course credits accrued after receiving the Bachelor’s Degree
(Master’s Degree) and prior to receiving the Master’s Degree (C.A.G.S.) may be
counted toward the in-between lanes of B15/30 and M15/30, as the case may be. Likewise, post degree credits for in-service
awards may be counted toward any lanes between degrees, but no pre-degree
credits may be applied to lanes subsequent to the base degree lanes (B and M).
16:1 Teachers will immediately report all cases
of assault suffered by them in connection with their employment to the
principal or immediate superior in writing for transmission to the
Superintendent of Schools. Teachers will
receive a written receipt from the principal indicating that a copy of the teacher’s
report has been sent to the Superintendent.
16:2 This report will be forwarded to the
Committee who will comply with any reasonable request from the teacher for
information in its possession relating to the incident or to the persons
involved and will act in appropriate ways as liaison between the teacher, the
police, and the courts.
16:3 Insofar as outlined by Chapter 258 (as
amended by General Court during the life of this contract) of the General Laws
of the Commonwealth, the Committee shall provide indemnification whenever any
teacher shall become eligible therefore.
16:4 If the Committee does not provide the
requested counsel and the teacher prevails in the proceedings, then the
Committee may reimburse the teacher for reasonable counsel fees incurred by
him.
17.1 Teachers will be entitled to fifteen (15)
days sick leave per year with unlimited accumulation for personal illness or
injury.
17.1.1
Discretion will be allowed to the Superintendent of Schools and the
School Committee to require medical evidence of any absence in excess of two
(2) consecutive days. Evidence setting
forth the nature of the illness or injury, the number of days recommended for
recuperation and such other pertinent information may be required by the
Superintendent of Schools. It is
understood that, in requiring such evidence, the Superintendent of Schools
shall not act unreasonably.
17:1.2 Additional
discretion will be allowed to the Superintendent to require medical evidence of
any absences for less than two (2) days in cases, where, in the opinion of the
Superintendent, there is reasonable doubt of actual illness.
17:2 In
addition to personal illness or injury, sick leave may be utilized for the
following purposes:
17:2.1 Teachers
shall be allowed to use their sick days for absences due to said teacher’s
personal illness, disability, or injury, or illness, or injury in the immediate
family. The immediate family is
considered as parents, grandparents, sisters, brothers, children, spouse,
parents-in-law, sisters/brothers-in-law, daughters/sons-in-law, grandchildren,
stepfamily, or any other person actually domiciled with the teacher. Discretion will be allowed by the Superintendent
of Schools to require medical evidence of any family illness in excess of five
(5) days.
17:2.2 If
a teacher takes sick during school time for less then a full day (as defined in
Articles 4:2.2 and 5:2.3) he/she will be charged the full day of sick leave for
any absence in excess of fifty percent (50%) of his/her work day and will be
charged for one-half (1/2) sick day for any absence less than one-half (1/2) of
his/her workday.
17:3 SICK
LEAVE BANK
17:3.1 In the
event of extended illness of a teacher under this Contract, an additional
source of aid shall be provided by means of a sick leave bank to provide for
additional days beyond accumulated sick leave benefits.
Members of Units B, C, and E may
participate in the sick leave bank established under this Article covering Unit
A, fully and equally with the members of Unit A.
The Association agrees that this
sick leave bank ties the benefits of the members of this Unit to the benefits
of the members of other Units. The
Association hereby waives any objection or right to claim that the town will
have committed an unfair labor practice by the town's refusal to bargain over
changes to the sick leave bank which changes are not agreed to by those other
Units.
17:3.2 The intent of the Sick Leave Bank will
be to provide employees with sick days until they are fit to return to
work. In certain extenuating cases,
individuals may be allowed to use the Sick Leave Bank to reach certain dates
for specific purposes. At the beginning
of each school year or at any time during the school year, should the total
number of days remaining in the Sick Leave Bank be less than fifty (50) days,
employees covered by this Agreement shall contribute one (1) of his/her annual
fifteen (15) days of sick leave to fund the bank. All new employees will automatically donate
one (1) day to the Sick Leave Bank upon hire.
17:3.3 The
Sick Leave Bank shall be administered by the Sick Leave Bank Committee
consisting of six (6) members. Three (3)
members shall be designated by the Committee to serve at its discretion and
three (3) members shall be designated by the Association. The Sick Leave Bank Committee shall determine
the eligibility for the use of the bank and the amount of leave to be granted
by using the following criteria:
1. adequate medical evidence of
serious illness
2. prior utilization of all
eligible sick leave and personal leave
3. length of service in the
Fairhaven School System
4. Propriety of use of previous
sick leave
An
initial request to the Sick Leave Bank can be for up to a maximum of thirty
(30) days per request. Additional days
may be awarded, as needed, up to a maximum of fifteen (15) days per
request. All decisions of the Committee
are final and binding and not subject to grievance arbitration. A tie-vote goes to the applicant.
17:3.4
Said bank will begin operation on the effective date of this Contract.
17:3.5 No
person shall be granted any sick leave accumulation on deposit in the Sick
Leave Bank as long as such person has accumulated sick leave and personal days
accruing to their personal credit.
17:3.6 All
sick leave donations to the Sick Leave Bank shall accrue to the credit of the
bank, and any balance (of days in the Sick Leave Bank not used by the end of
the school year) will be carried over to the next succeeding school/contract
year.
17:4
Members of the bargaining unit whose attendance is exemplary during the
work year, will be eligible to receive a stipend at the end of the work year by
redeeming sick leave days according to the following schedule:
Number of Sick Leave Days used
Number of Days that may be redeemed
by the member during the work
year and amount of money received
0 4 days = $600.00
1 3 days = $450.00
2 2 days = $300.00
Sick
leave days which are redeemed will be deducted from the member’s accumulated
sick leave days. Members of the
bargaining unit who are eligible and who do not wish to redeem days shall
notify the Superintendent, in writing, by June 1st of the year in
question. Stipends paid to eligible
employees, pursuant to this Section, will be rendered by the end of each fiscal
year.
18:1
Teachers will be entitled to the following temporary leaves of absence
with pay each school year:
18:1.1
Effective on September 1, 1995, three (3) days leave of absence for
personal, legal, business, household or family matters, which require absence
during school hours. The application for
personal leave will be made at least twenty-four (24) hours before taking such
leave, except in emergencies.
18:1.1.1 If personal leave days remain unused at
the end of the school year, teachers will be entitled to one or both of the
following:
a) Two
(2) unused personal days can be converted to one (1) sick day to be applied to
Sick Leave Buy Back in 17:4. A letter of
request must be submitted by May 1st.
b)
Any unused personal leave days will
automatically convert to sick leave days.
If
the Sick Leave Buy Back option has been used, only remaining unused personal
day will convert to sick leave days.
18:1.2 No
leave may be taken during the first five (5) days of the school year, or the
last five (5) days of the school year, or on the day immediately preceding or
immediately following a school vacation.
Provided further, however, exceptions may be made due to emergencies or
circumstances beyond the control of the employee. Specific documentation of said
emergency/circumstance will be provided to the Superintendent upon
request.
If
a staff member wishes to take the day immediately preceding or immediately
following any holiday, they will redeem two (2) personal days for the use of
one (1). The following holidays would
apply: Columbus Day, Veteran’s Day,
Martin Luther King Day, Good Friday (unless the start of Spring Vacation), and
Memorial Day. Thanksgiving, Christmas,
Winter and Spring vacations do not apply.
18:1.3 Up to two (2) days of absence to attend
graduation ceremonies of each member of the immediate family. The Association and the Committee agree that
the granting of a second day for the same graduation will be contingent upon
the bargaining unit member’s need for additional travel time or other special
circumstances. For purposes of this
section “immediate family” shall mean children, husband, or wife; and graduation shall mean ceremonies
connected with high school, college, or military service schools.
18:1.4
The time necessary for representatives of the Association to attend the
Massachusetts Teachers’ Association and/or National Education Association
conferences and conventions up to a cumulative total of ten (10) teacher days
per school year and any time necessary for legal proceedings and Association
business of the F.E.A. and/or the school system granted by the Superintendent
at his/her discretion. The request must
be made by the F.E.A. President or his/her designee to the Superintendent. Such a request must be made b y the
Association President or his/her designee in writing to the Superintendent at
least five (5) days in advance when possible.
18:1.5
The time necessary to appear in legal proceedings in connection with the
teacher’s employment or with the school system, or any other legal proceeding
if the teacher is required by law to attend.
18:1.5.1 A temporary leave of absence with pay shall
be granted to any employee called for Jury Duty. The employee called for Jury Duty shall
receive his/her normal rate of pay less any sum received for such Jury Duty.
18:1.6
Absence because of quarantine disease.
18:1.7 Up to
four (4) consecutive school days may be used for each death in the immediate
family. (N.B. For the purpose of death in the immediate
family, the immediate family is considered to consist of mother, father,
step-parents, grandparents, step-grandparents, sister, stepsister, brother,
stepbrother, son, stepson, daughter, stepdaughter, father-in-law,
mother-in-law, sister-in-law, brother-in-law, daughter-in-law, son-in-law, grand-children, or any other person actually
domiciled with the teacher.) Additional
days may be given to the extent necessitated by long distance travel as
determined by the Superintendent, and said days shall be deducted from sick
leave.
18:1.8 Up
to one (1) day – not to exceed four (4) total days within a contract year – for
each death not considered to be in the immediate family, on the approval of the
Superintendent of Schools, or his/her designee.
18:1.9 Up
to three (3) days leave of absence for obligatory religious holidays not
contained within school vacation periods.
Application for religious observance will be made at least twenty-four
(24) hours before such leave, and the applicant will be required to seek such
permission from the Superintendent of Schools.
19:1 The
Committee and the Association agree that a teacher serving with professional
status may, upon request, be granted a leave of absence for up to two (2) years
without pay for the purpose of holding an elected position or office in a
professional association (state or national).
19:1.1
Those granted such leaves of absence shall retain all other benefits as if they
were in regular service. They shall
continue to accrue seniority for salary increments and all other purposes where
seniority is a factor; and the absence shall not be construed as a break in
service for any purpose.
19:1.2 The
employer agrees to consider granting this type of leave for up to three (3)
teachers from the school system at any one time.
19:2 A
leave of absence without pay of up to two (2) years will be granted to any
teacher who joins the Peace Corps or serves as an exchange teacher and is a
full-time participant in either such program.
19:2.1 Upon
return from all leaves referred to in this Section 19:2, a teacher who has
taken a one-year leave of absence shall return to his/her former position; a
teacher who has taken a two-year leave of absence shall return to a position as
nearly comparable as possible to the one he/she held at the time of leaving.
19:2.2 Upon
return from such leave, a teacher shall receive service credit for up to the
two (2) full years if the functions performed during the leave are comparable
to a teacher position and in the opinion of the Superintendent of Schools
warrants giving such credit.
19:2.3 It
is understood that no more than two (2) such leaves shall be granted from the
school system under this provision at any one time.
19:3 A
leave of absence without pay or increment of up to one (1) year will be granted
for the purpose of caring for a sick member of the teacher’s immediate family.
19:3.1 Additional
leave time may be granted at the discretion of the employer.
19:3.2 The employer has the right to request
the teacher to furnish appropriate medical evidence.
19:4 The employer will grant a leave of
absence of up to one (1) year without pay or increment for any teacher in order
to campaign for, or serve in, public office.
19:5 After three (3) years’ continuous
employment in the Fairhaven Public Schools, a teacher may be granted a leave of
absence without pay or increment for up to one (1) year for health reasons.
19:5.1 Requests for such leave will be supported
by appropriate medical evidence.
19:6 Up to one (1) year’s leave of absence
without pay or increment for travel for approved educational purposes.
19:7 Other leaves of
absence may be granted at the discretion of the employer.
19:8 All benefits to which the teacher may
be entitled at the time of commencement of any leave of absence, including any
unused accumulated sick leave, will be restored to him/her upon his/her return,
and he/she will be assigned to the same position which he/she held at the time
said leave commenced, if available, or if not, to a substantially equivalent
position for which he/she is fully qualified, if available.
19:9 All requests for extensions or
renewals of leaves of absence shall be applied for in writing and reacted to in
writing as soon as practical, but no later than thirty (30) days after the
initial request.
19:10 Teachers without professional status are
excluded from the above paragraphs. They
may apply under the above paragraphs to the employer, and, for this purpose,
the discretionary power of the employer will be final. In any event, any extension of leave time to
teachers without professional status through the discretionary power of the
employer shall not be construed to be a part of any probationary time required
to be served by any teacher without professional status.
19:11 Every person, who is a member of a
reserve component of the armed forces of the United States, shall be granted,
in accordance with Section 59 of Chapter 33 of the General Laws, a leave of
absence, without loss of pay, during the time of his/her annual tour of duty as
a member of such reserve component provided, however, that such leave shall not
exceed seventeen (17) days.
19:11.1 The difference in salary referred to in
Chapter 33 of the General Laws shall be paid only after evidence has been
offered that such duties cannot be filled during a vacation period or deferred
to a time not in conflict with his/her regular teaching duties.
19:12 The School
Committee agrees to abide by the rules and regulations of the Massachusetts
Commission Against Discrimination, Number F 1-9, 1971 (MTA Bulletin on
Maternity Leave).
19:13 Teachers shall be granted a leave of
absence for up to one (1) year for childbearing purposes without pay or
increment, immediately upon completion of leave under 19:12 or the adoption of
a child, provided that the teacher submits in writing to the Superintendent
his/her intention to take such leave which shall include a firm date for
return
to work. The termination of such leave
must coincide with the beginning of a school year or the first school day in
January. However, said leave may, at the
discretion of the Superintendent be extended for the next succeeding school
year. Teachers returning from leave
under this Section shall be returned to the position which they held prior to
taking such leave, provided that such position has not been eliminated. If said position has been eliminated, they
shall be returned to a similar position, unless they have been laid off
pursuant to Article 30.
19:14 Teachers on all leaves referred to in
this article must notify the Administration by March 1st of their
intent to return the following September.
20:1 Upon recommendation of the
Superintendent of Schools, a sabbatical leave may be granted by the employer to
no more than two (2) members of the professional staff covered by this
Contract.
20:2 It is agreed that the following
extended-leave policy for advanced study shall be in effect:
20:2.1 Requests for sabbatical leave must be
received by the Superintendent of Schools in writing in such form as may be
required by the Superintendent of Schools and no later than November 30 of the
year next preceding the school year for which the sabbatical leave is
requested. All action taken on such
requests shall be taken by the employer no later than April 1st of
the same school year.
20:2.2 Any member of the professional staff, who
shall have five (5) years of consecutive service within the Fairhaven Schools,
will be eligible for sabbatical leave of not less than one (1) and no more than
(2) consecutive semesters for the purpose of advanced or extended study.
20:2.3 Persons on sabbatical leave will be paid
at fifty percent (50%) of their regular salary rate, exclusive of any
differentials, provided that such pay when added to any program grant, stipend,
or graduate assistanceship, will not exceed the regular salary rate exclusive
of differentials.
20:2.4 It shall be understood that any salary
allotment provided by the Committee shall be reduced proportionately so that
such pay, when added to the program grant, will not exceed the regular salary
rate, exclusive of differentials.
20:2.5 Persons applying for sabbatical leave
shall state the intended and expected advantage to the school system of any
such study. Awards shall be made on the
basis of priorities established discretionary with the employer and based upon
the statement of intended advantage to the school system.
20:2.6 Persons granted sabbatical leaves will
agree, in writing, to return to employment in the Fairhaven Schools for two (2)
full years for a full year’s leave, or one (1) year for each semester’s leave.
20:2.7 In default of completing the service
agreement, he/she will refund a prorated sum of money based on the remainder of
his/her service agreement.
20:2.8 All sabbatical leaves must be:
(a) At a college or university acceptable
to the employer.
(b) At full-time graduate work as approved
by the employer.
(c) In the individual’s field of
instruction, educational specialty, or in an area which will be of direct
benefit to the school system as determined by the employer.
20:2.9 The recipient of a sabbatical leave
will be required to submit to the Superintendent two (2) progress reports each
semester or term.
20:2.10 When the sabbatical leave has been
completed, the individual on leave shall submit a detailed report on his/her
work together with copies of any thesis, studies, or written expositions to the
School Committee.
20:2.11 The recipient of a sabbatical leave will be
given credit on the salary schedule for the period of absence as if he/she were
in full-time attendance in the performance of his/her regular duties; however,
no sick leave or other benefits will be earned during such absence, except such
as those to which he/she would otherwise be entitled under the statutes of the
Commonwealth of Massachusetts.
21:1 The
selection of textbooks shall be governed by the provisions of law with respect
to textbook selection as outlined in Sections 48 and 50 of Chapter 71 of the
General Laws.
21:2 Except in emergency situations, before the
Administration changes a textbook or selects a new textbook series for general
adoption within the system, the persons who will be affected by a change will
be notified by means of an administrative bulletin to the effect that the
Administration is considering a change.
21:2.1 The
Superintendent (or his designee) shall select a committee for the purpose of
making recommendations on a proposed change, consisting of representatives from
the grade levels and/or academic departments concerned.
21:2.2 The Association, if it desires to initiate such
action for a change in textbook or selection of a new textbook series, may file
a written notice with the Superintendent who may appoint a committee for the
purpose of studying this matter. The
decision of the Committee regarding textbook selection shall be final.
21:3 An Academic Coordinator may recommend a
textbook change after careful study and consultation with members of his/her
department. Such recommendation shall be
to the Superintendent in writing.
21:3.1 If the Superintendent and the Administration
agree to the need for a change in texts, the Academic Coordinator and the
members of his/her department will constitute an appropriate selection
committee for the purpose of selection of a new text without the necessity of
prior notice.
21:3.2 If the Administration agrees to the
recommendation as presented by the Department, the Superintendent may recommend
adoption of the new text to the School Committee.
21:4 Grade-level team leaders, subject-matter
team leaders, or chairman of curriculum study committees, may recommend
textbook changes after careful study, pilot period, and consultation with
members of their respective teams (and others, who may be affected by the
change in text).
21:4.1 If the Administration agrees to the need for a
change in text, the team leaders and selected team members will be expected to
participate in the selection of the new text.
21:5 Individual elementary teachers may request a
textbook change. If the Administration
agrees to the need for a change in texts, the Superintendent shall appoint a
committee composed of elementary principals, Director of Curriculum and
Instruction, and teachers in order to
recommend an appropriate text for adoption.
21:6 Whenever a change in texts makes obvious
the necessity for an alteration in the course of study involved, the textbook
selection committee will be charged with the responsibility of revising and/or
developing the accompanying course of study and curriculum guide.
21:7 Every effort will be made to improve
communication between the interested parties when changes are made in the
selection of textbooks and instructional materials.
21:7.1 Whenever budget cuts are necessary, efforts
will be made by the Administration to consult with the individuals, who made
the original budget requests.
21:8 All service on textbook selection committees
and curriculum study committees shall be strictly voluntary and the work on
such committees shall be performed after school hours and without
compensation. (The appointment of summer
curriculum study committees and workshop committees shall be considered an
exception to this section.)
22:1 The Committee and the Association agree that
it is desirable occasionally to establish ad hoc committees and councils made
up of elected and selected teaching, counseling, and administrative
personnel. The intent of these councils
shall be to undertake such tasks as: to assess the curriculum; to select
textbooks; to coordinate long term projects; to evaluate proposed courses of
action; to research specific problem areas; to conduct studies in-depth; to
recommend to the Administrative Council, Curriculum Coordinating Council, and
eventually to the Superintendent and School Committee procedures for coping
with particular needs and desires.
22:2 It is intended that the Superintendent in
conjunction with the Association shall appoint ad hoc committees for the
purposes outlined in Section 22:1.
22:2.1 These
committees shall be appointed at the discretion of the Superintendent in
conjunction with the Association and upon the suggestion of the Association,
the Administrative Council, the Curriculum Coordinating Council, or the School
Committee.
22:2.2 Membership on such committees shall be
voluntary.
22:3 The time, frequency, and duration of the
meetings will be determined by the individual membership and in cooperation
with the Superintendent.
22:4 The scope, purpose, membership, and other
details of any ad hoc committees shall be outlined by the Superintendent to the
committee at the time of establishment and appointment.
22:5 The rights to copyrights or patents or
books, materials, devices, etc., developed by employees of the school district
on their own time in conjunction with an ad hoc committee will be relinquished
by the committee upon the request of the employee; provided that the school
system be granted the privilege of purchasing the materials or product free of
any copyright or royalty charges.
22:6 All books, materials, devices, or products,
which result from the regular prescribed duties of persons for which they are
employed by the school system shall remain the property of the school system,
and the school system shall retain all rights and privileges pertaining to the
ownership thereof.
22:7 Ad hoc committees and councils will meet
during non-school hours and without compensation.
23:1 The Committee recognizes the need for
effective communications among all levels of the school system. Pursuant to this recognition, therefore, it
is agreed:
23:1.1 Four (4) annual meetings will be held between
the Committee and the Association for the purpose of discussing matters of
mutual concern. Two (2) meetings will be
held in the first part of the academic year and two (2) meetings will be held
in the last part.
23:1.2 Items to be placed on the Agenda by the
Association and a proposed meeting date will be submitted to the Secretary to
the School Committee one (1) week prior to the proposed meeting date.
23:1.3 The Superintendent and/or his designated
representative will meet with the representatives of the Association
periodically at the request of either party.
23:2 A copy of job specifications for all
positions listed under Appendix A (Additional Remunerations) developed prior to
October 1st, will be sent to the Association President by October 10th
of each year. Any additional job
specifications developed after October 1st will be sent to the
Association President within one (1) week after they are approved. Should there be a discrepancy between the job
specifications and past practice, negotiations will be re-opened on that
particular salary. Responsibility for
re-opening negotiations on new job specifications rests with the Association.
24:1 Employees covered by this contract may voluntarily
request through the school district’s Business Administrator or Payroll
Department to have payroll deductions made in accordance with the policies and
procedures of the Town of Fairhaven as such may change from time to time.
24:2 Teachers will be eligible to voluntarily
participate in a “tax-sheltered” annuity plan established pursuant to U. S.
Public Law 87-370. Tax-sheltered annuity
plan procedures are as follows:
24:2.1 Each insurance carrier must present deduction
requisitions for at least ten (10) eligible employees prior to starting a
deduction plan for payroll deductions.
24:2.2 The amount each employee signs up for must be
divisible by twelve (12) and both the yearly and monthly deductions must be
made in whole dollars. The Office of the
Superintendent must be given a complete list of all signed-up employees and
their deductions prior to September 30th of each school year, and no
changes may be made in deductions, either by increase or decrease, until the
next enrollment period, during the month of January. All additional enrollees must be presented
before January 30th.
Subsequent enrollment periods shall be only during the months of
September and January of each school year.
24:3 Employees covered by this contract may
voluntarily request, through their building Representative to the
Superintendent of Schools, that their Association dues be deducted on a pro
rata weekly basis.
24:3.1 The Committee shall deduct from the pay of each
employee, for whom it has received authorization to do so, the amount required
as payment of Association dues. A list
of employees from whom such dues deductions have been made will be provided to
the Association Treasurer. The amount
deducted shall be forwarded to the Association Treasurer monthly.
24:4 Teachers will be
permitted to participate in the insurance coverage for life insurance, dental
insurance, and sickness and accident insurance provided by the Town of
Fairhaven under the provisions provided under Contract with the Board of
Selectmen for the Town of Fairhaven for all municipal employees. The Association benefit or change in plan as
adopted by the Town of Fairhaven and as applicable to teachers shall be
exclusively negotiated between the teachers and the Board of Selectmen.
25:1 The Committee and Association agree that
in order for teachers to maintain their competence as professional educators,
and in order for them to contribute optimally to the educational program of the
Fairhaven Public Schools, members of the Association should undertake professional
development on a continuing but reasonable basis. With this in mind, the following conditions
are agreed upon:
25:1.1 The Committee will pay reasonable expenses,
including fees, meals, lodging, and/or transportation incurred by teachers, who
attend workshops, seminars, conferences, or other professional improvement
sessions with the advance endorsement of the employer.
25:1.2 Participants in the aforementioned
workshops, seminars, etc., will be required to submit a written report to the
principal or an oral report at a staff or department meeting. Reports should cover the salient features of
the conference and outline such information as was obtained, which it is felt
will be of value to the conferee, and the school.
25:2 A standing Professional Improvement Credits
Committee shall be established to study and plan a system by which equivalency
to semester hours credit would be awarded to persons covered by the Agreement
who participate in seminars, in-service training, institutes, committee work,
or any other endeavor offering professional improvement or curriculum service
to the school, which does not provide semester hours credit or monetary
remuneration. The report of said
Committee will be presented to the Committee, the Superintendent, and the
Association from time to time, and at least annually.
25:2.1 Priority will be given to staff members who require certification
not addressed through in-service professional development (i.e. but not limited
to guidance, foreign language, special education, art, physical education,
music, and family and consumer science).
The maximum amount payable under this subsection in a fiscal year shall
be $10,000.00 (ten-thousand dollars).
When the total reimbursement costs of such workshops, seminars, conferences,
or other professional improvement sessions reaches $10,000.00 (ten thousand
dollars), no further courses shall be approved for reimbursement in that fiscal
year.
25:3 The Professional Improvement Credits
Committee, as a standing committee, shall be composed of persons chosen by the
Association in conjunction with the Superintendent. This Committee will meet when necessary.
25:4 Said Committee shall serve as the advisory
committee to the employer in the administration of the credits policy, in the
refinement of administrative regulations to administer the policy, and in
recommending to the School Committee and the Superintendent equivalency to
semester hours credit for all activities covered under this section.
25:5 The Committee recognizes the need to provide
individual teachers with adequate opportunity to develop curriculum or learning
improvement programs or materials.
25:5.1 In recognition of this need, therefore, it is
agreed that upon submission of a specific meritorious plan and upon the
Superintendent’s acceptance of said plan, individual teachers may be released
from normal responsibilities for the purposes of research, grant writing, or
the development of improved curriculum materials.
25:5.2 The duration of the release shall be appropriate
to the need, and during the time of release, a substitute shall be hired to
replace the released teacher.
25:6 Course Reimbursement – Teachers shall
receive reimbursement for courses individually approved by the Superintendent
up to a maximum of $900 (2007-2008), $1,000 (2008-2009), and $1,100 (2009-2010)
per employee for graduate credits (excluding books) in their certification and
content area, and/or degree granting program, from an accredited college or
university. Attainment of a grade of “B”
or higher is necessary. Online
courses/degree programs not deemed acceptable by the Department of Education
will not be accepted for reimbursement or step increases. Current teachers seeking to obtain new
certification in critical shortage areas may receive reimbursement for
undergraduate course credits.
Teachers shall receive reimbursement
for courses, workshops, conferences, and lectures that result in the
acquisition of either college credits or Professional Development Points that
are required by the individual’s approved individual Professional Development
Plan. Such reimbursements will be
individually approved by the Superintendent.
Effective September 1, 2007, a total of forty-five thousand dollars
($45,000) will be made available to the teachers for course reimbursement, and
effective September 1, 2008 such total will be increased to a total of fifty
thousand dollars ($50,000). By the end
of the business day on May 15th of each school year, anyone who is
refused reimbursement from the forty-five thousand ($45,000) amount in
2007-2008 or the fifty thousand ($50,000) amount in 2008-2009, will be allowed
to use whatever remains in the ten thousand ($10,000) account (see 25:2.1.) on
a first come, first served basis.
Members must apply and/or reapply in writing in order to receive
reimbursement on a first come, first served basis.
25:7 It is agreed that teachers seeking National
Board Certification will receive reimbursement for National Board for
Professional Teaching Standards associated fees. Reimbursement will be paid ½ year one
(1)/remainder year two (2).
25:7.1 Notice will be provided to the Superintendent of schools by November
1st of the prior fiscal year for placement on the Master’s level
salary base for National Board Certified Teachers.
25:8 All staff will be required to complete
Research For Better Teaching – “The Skillful Teacher I & II” when offered
by the Fairhaven Public Schools during the school day and paid for by the
district.
25:9 Teachers trained as mentors in a training
program approved by the Superintendent or his/her designee will receive a
stipend of $500.00 for each mentee if he/she is new to the profession, $250 for
each mentee that is new to the district.
Only teachers who volunteer may mentor more than one mentee during a
school year.
25:10 As of September, 2004, one (1) In-Service Committee will be
established to do the following: survey
the membership as to educational needs and interest, compile data to evaluate
the quality of in-service programs, and create ways to use in-service time to
achieve system/school goals as efficiently as possible. This committee will meet once in the spring.
The
In-Service Committee will consist of the Superintendent or his/her
district-wide designee, one representative from each of the elementary schools,
and two teachers from each secondary school.
25:11 New teachers to the district must be “highly qualified” and
“certified” in the content area they teach within two (2) years of hire.
26:0 Class Size
26:1 The Committee and the Association agree
that a reasonable pupil/teacher ratio appropriate to the level of the students
and to the subject matter being taught is an important consideration in an
educational program of excellence.
Although it is agreed that the School Committee and Administration might
not always be able to control the pupil/teacher ratio, due to inequitable
pupil/geographical distribution or lack of proper facilities, it is agreed that
there are maximum enrollments beyond which conditions would be intolerable for
the Committee to expect optimum performance from either the teacher or
students.
26:2 It is therefore agreed that the following
average pupil/teacher ratios are established:
26:2.1 Elementary Schools
(a) Kindergartens 22/1
(b) Grade 1-5 25/1
(c) Inclusion
Implementation
(i) Either party may re-open this provision
during the 2008-2009 work year in order to discuss the implementation of the
Inclusion Program and the impacts upon the teaching staff.
(ii) When children are in a regular education
setting requiring special education services, as delineated by an Individual
Education Plan, the Administration should take into consideration additional
services needed in academic areas and the balance of the class population.
(iii) The parties agree to work toward the
scheduling of common planning time in addition to the planning time provided in
Article 5.4.1.1.
26:2.2 Middle and Senior High Schools
(a) Academic Subjects 28/1
(b) Technology Educ. & Family/Consumer
Science 20/1
(c) Senior High School Laboratory 24/1 maximum
(d) Physical Education (without an aide)
35/1 maximum
(e) Directed Study (Secondary) 35/1 (65/2)
(f) Inclusion Implementation
(i) Either party may re-open this provision
during the 008-2009 work year in order to discuss the implementation of the
Inclusion Program and the impacts upon the teaching staff.
(ii) When children are in a regular education
setting requiring special education services, as delineated by an Individual
Education Plan, the Administration should take into consideration additional
services needed in academic areas and the balance of the class population.
(iii) The parties agree to work toward the
scheduling of common planning time in addition to the planning time provided in
Article 5.4.1.1.
All teachers will be given copies of
the Educational Plans for all SPED students assigned to their classes.
26:2.3 It is further agreed that the pupil/teacher ratio
of 22/1 in the Kindergartens and 25/1 in Grades 1-5 will never exceed
twenty-five (25) students in a Kindergarten class or twenty-eight (28) students
in any other elementary classroom without the employment of an instructional
aide at the teacher’s discretion. The
absolute maximum class size of thirty (30) be established for all Kindergarten
classes and an absolute maximum class size of thirty-five (35) be established
for all other elementary classrooms under the direction of a single teacher
even with an aide. The pupil/teacher
ratio in the Middle and High Schools will never exceed twenty-eight (28)
students in any classroom without the employment of an instructional aide. The teacher at his/her sole discretion may
waive the hiring of an instruction aide.
The absolute maximum of thirty-five (35) students shall be established
for all Middle and High School classrooms under the direction of a single
teacher even with an aide.
This
consideration shall not preclude two (2) or more teachers combining classroom
groups for the purpose of a single presentation or a team teaching
arrangement. On the day(s) that a
classroom aide to any teacher in grades Kindergarten through Grade 12 is
absent, every reasonable effort will be made to hire a substitute aide for the
day(s).
26:2.4 The application of these ratios shall be
applied to the student enrollments in classes as of October 1st and
any grievances relating to this Article must be filed within the appropriate
time limit following October 1st.
26:3 The Committee and the Association agree that
the average pupil/teacher ratios established above be considered upon the
initial entrance of a student in classes at any level in the school system or
from class to class be effected whenever possible in order to equalize loads to
the closest possible conformity to the above established average pupil/teacher
ratios, and to the extent possible, reductions will be made in class sizes
consistent with the available classroom space.
Particular attention shall be paid to adjusting enrollments in
Kindergarten and Grade 1 upon initial enrollment in a school in order that
students and parents may be assured that they may reasonably expect to continue
membership in that school through their elementary grades unless their residence
changes or some extraordinary occurrence makes this impractical.
26:3.1 Consistent with the above and the open
enrollment policy of the Fairhaven Schools, the Committee and the
Administration agree not to allow initial entrance of a student in any elementary
school from outside the immediate geographical area of the school closest to
their place of residence, when the class size within a given building is at or
above the desirable average pupil/teacher ratio established.
26:4 Although it is agreed that in only the most
extreme cases where class sizes would exceed the maximums established herein,
would involuntary transfer of students be required, but that every effort will
be made by the Committee and the Association to seek voluntary transfer by the
joint action of the Association and the Administrative Council.
26:5 Should a disagreement exist as to the
application of this Article, appropriate representatives of the Association
will meet with the Superintendent and/or the Administrative Council in an
attempt to resolve the situation. It is
agreed that such a meeting will attempt to resolve instances where an
individual class size may exceed the desirable average pupil/teacher ratio;
however, the matter will not be considered grievable unless the maximums
established in this Article are exceeded and an additional teacher(s) or
teacher’s aides, as the case may be, is not employed.
27:1 Except where modified by the provisions
of this Agreement, it is agreed that the employer, through the Superintendent
of Schools and other designated administrative representatives, is vested with
and retains the right to direct its employees, to hire, promote, transfer,
assign, and retain employees within the Fairhaven Public Schools; to suspend,
demote, discharge, or take other disciplinary action against employees for just
and legal causes; to relieve teachers without professional status from duty at
the end of the school year for lack of work, for inefficiency, failure to show
adequate professional growth, or other legitimate reasons, without the
necessity of having to state them formally; to maintain the efficiency of the
operations entrusted to it; to determine the method, means, and personnel by
which such operations are to be conducted; and to establish curricula and take
whatever action may be necessary to carry out its mission of providing a
quality educational program for the children of the Town of Fairhaven.
27:2 The School Committee has the right to
promulgate reasonable policies and regulations pertaining to the employees
covered by this Agreement. It is
acknowledged that this right is vested exclusively in the School Committee so
long as the policies and regulations do not conflict with any terms or conditions
of this Agreement.
27:3 The Committee retains all rights vested in
it by the General Laws of the Commonwealth of Massachusetts. Anything in this Agreement that is contrary
to said rights shall be deemed null and void.
28:1 The Association and the Committee agree that
differences between the parties shall be settled by peaceful means as provided
within this Agreement.
28:2 The Association, individually and
collectively, shall not engage in, instigate, or condone any strike, work
stoppage, walkout, slow down, or any concerted refusal to perform work duties
during the term of this Agreement.
29:1 There will be no reprisals of any kind
against any teacher by reason of his/her membership in or participation in, the
Association or any of its activities.
29:2 Teachers will be entitled to full rights of
citizenship and no religious or political activities of any teacher or the lack
thereof will be grounds for any discipline or discrimination with respect to the
professional employment of such teacher, as long as there is no problem arising
relative to the quality of work performed as a result of such participation.
29:3 The Committee will, upon request, provide
the Association with any documents which will assist the Association in
developing intelligent, accurate, informed, and constructive programs on behalf
of the teachers and assigned
responsibilities together with any other available information which may be
necessary for the Association to process grievances under this Agreement.
29:4 Copies of this Agreement will be
provided to the Association and printed at joint expense.
29:5 If any provisions(s) of this Agreement
or any application of the Agreement to any employee or group of employees shall
be found to be contrary to law, then such provisions or applications shall be
deemed not to prevail over the provisions of law, but all other provisions and
applications will continue in full force and effect.
29:6 This Agreement constitutes the Committee policy
with respect to the matters covered by this Agreement for the term of this
Agreement, and the provisions contained herein shall be issued under the
appropriate indexing to be inserted in the official policy handbooks of the
Committee. Any provisions of existing
policy with respect to the subject matter contained in the Agreement shall be
amended to conform with the Agreement.
The Committee will carry out the commitments contained herein and give
them full force and effect as Committee policy.
The Superintendent will amend the Administrative Regulations and take
such other action as may be necessary in order to secure conformity to the
provisions of this Agreement.
29:7 The parties recognize and agree that the
provisions of this Agreement are intended to be construed in accordance with
the terms of the Massachusetts Education Reform Act of 1993.
30:0 INTRODUCTION
In the event that
the employer determines to reduce the number of employees in the bargaining
unit, an individual can replace another individual only if they possess a
current certification, the procedure set forth hereinafter shall apply.
30:1 GENERAL
30:1.1 No
teacher with professional status and active certification shall be dismissed
due to Reduction in Force until all teachers without professional status, who
are teaching in the teacher with professional status areas, have been
dismissed.
30:1.2 Reduction
in Force will be determined by strict seniority. All alleged violations of the seniority
principle may be carried through Level Four of the Grievance Procedure
(impartial, final, binding arbitration).
The order of dismissal of teachers involved in Reductions in Force will
be made in inverse order of seniority using the lists established pursuant to
the provisions of Paragraphs 30:3 and 30:3.1.
30:2 DEFINITIONS
30:2.1 AREA
– An area shall mean a certification area at the secondary level. At the elementary levels, all teachers with
elementary certification (K-6) will be considered as having the same area.
30:2.2 SENIORITY
– Seniority shall be defined as the length of continuous service in Unit A
and/or Unit B in the Fairhaven Public Schools.
Prior to June 18, 1993, seniority shall be computed from the date of
School Committee ratification as reflected in the official School Committee
minutes. Subsequent to June 18, 1993,
seniority shall be computed from the first day of the school year. In the event of a tie, Article 30:2.2.1 will
determine seniority.
30:2.2.1 In
the event of a tie, the date of signature on the initial individual employment
contract shall be used to determine the order of seniority. In the event of a resulting tie, the parties
shall negotiate an appropriate method of resolution.
30:2.3 CERTIFICATION
– Official credentials from the Massachusetts Department of Education, Bureau
of Teacher Certification. For the
purpose of this Article, teachers – who are legally exempt from certification –
shall be considered as certified.
30:2.4 TEMPORARY
APPOINTMENTS – Teacher appointments which are not expected to continue longer
than one (1) school year or are grant funded.
(Example: Positions of teachers
on leaves of absence, positions created by temporary pupil needs not expected
to continue beyond one (1) school year.)
30:3 SENIORITY
LIST
30:3.1 The
Superintendent of Schools, at the beginning of each school year, will post a
certification-seniority list of all professional personnel represented by the
Fairhaven Educators’ Association.
30:3.1.1 Personnel
may appear upon the Seniority List more than once if they are certified in more
than one (1) area (as defined in 30:2.1 above).
No teachers will be placed on the Seniority List in a certification area
unless they have provided the Office of the Superintendent with the certification
credentials in that area within ten (10) days after the start of each
subsequent school year.
30:3.1.2 The
aforementioned Seniority List shall be forwarded to the President of the
Fairhaven Educators’ Association and posted in all buildings within thirty (30)
days after the beginning of each school year.
Teachers with the greatest length of seniority (as previously defined)
in the Fairhaven Public Schools, will be listed first in the “areas of
certification” list; teachers with the least amount of seniority will be placed
last on the list.
30:3.1.3 For
part-time teachers, seniority as well as salary shall be computed in the same
manner as the part-time teaching load bears to a full-time teaching load in the
following manner: percentage (% of
teaching load multiplied by 180, equals days of accrued service (% x 180 = days of service). The recomputation of the seniority date for
such reduced service shall be computed in the same manner as the recomputation
of leave time under Article 30:4.1. The
days of accrued service will apply to movement on the salary schedule in
accordance with Article 15:2.
30:4 LEAVES
OF ABSENCE
30:4.1 Leaves
of absence approved by the employer shall not be deemed to interrupt continuous
service. Such leaves shall not be
counted toward seniority, but shall be the occasion for recomputing a seniority
date, which deducts the length of the leave from the length of continuous
service. Such length of continuous
service shall be computed by adding to the date of initial appointment the
period of absence from the payroll in weeks.
Proof of absence as well as continuity of employment, shall be evidenced
by official payroll records.
30:5 NOTIFICATION
30:5.1 Whenever
possible, the decision to dismiss staff due to intended reduction in force will
be made before the closing of school of the preceding school year. Notification to affected staff members will
also, whenever possible, be made prior to the close of school. In the event of a decision to reduce force
during the school year, those staff members being dismissed will be given a
minimum of thirty (30) calendar days written notice. This paragraph shall not act in any way as to
diminish the rights of teachers under Chapter 71, Sections 41 and 42.
30:6 RECALL
OF TEACHERS WITH PROFESSIONAL STATUS
30:6.1 Teachers
dismissed due to Reduction in Force will be placed on the Recall List for two
(2) complete school years.
30:6.2 Teachers
on the Recall List will be re-employed in vacancies in their last previous
teaching field or in their field of certification as listed on the seniority
list in reverse order of their dismissal; provided further, however, SPED
teachers employed subsequent to September 1995 will not be allowed to be
recalled into any other certification except SPED.
30:6.3 Teachers
on the Recall List will be given first priority in filling substitute vacancies
in their field of certification and/or experience.
30:6.4 The
only benefits afforded teachers who have been dismissed due to Reduction in
Force and who are on a Recall List will be those specified in this
Article. All other benefits gained by
teachers as a result of this or successor Collective Bargaining Agreements will
be received only by those teachers actively employed.
30:6.4.1 Teachers
on the Recall List shall be entitled to membership in any group health or life
insurance coverage in existence at the time of the effective date of the layoff
provided, however, that the teacher pays the entire cost of such insurance
pursuant to the requirements of the insurance carrier and there shall be no
contribution by the Committee for such teacher’s insurance.
30:6.5 When
a vacancy occurs in the field of the teacher’s last teaching area and/or area
of current certification (as defined in 30:2.1), the appropriate teachers on
the Recall List will be notified by certified mail at their last recorded
address. Failure to accept certified
mail shall not be deemed sufficient reason for failing to meet the necessary
response date. Failure to respond to the
Superintendent of Schools with a letter of acceptance within fifteen (15)
calendar days shall be considered a rejection of such offer, and the teacher
shall be dropped form the Recall List.
It shall be the responsibility of personnel on the Recall List to inform
the Office of the Superintendent of Schools, in writing, of changes in address.
30:6.5.1 Teachers
on the Recall List shall have priority in filling vacancies as hereinbefore set
forth. No new personnel shall be hired
to fill such vacancies until all appropriate teachers on the Recall List have
been offered the vacancy pursuant to the provisions of this paragraph.
30:6.6 Upon
return to employment from the Recall List, teachers will have accumulated to
their accounts the same number of sick days which they had accumulated at the
time of their dismissal. Teachers
dismissed during the school year, upon return, will be placed on the next step
of the salary schedule if they had served a minimum of ninety-two (92) days
during the year of dismissal.
30:6.7 Teachers
filling temporary vacancies at the time of dismissal due to Reduction in Force
shall have no recall rights.
30:7 AFFIRMATIVE
ACTION
30:7.1 Any
legal order affecting affirmative action staffing requirements takes precedence
over the recall rights afforded personnel in this Unit. In such cases, documentary evidence will be
provided to the Association.
31:1 The Committee agrees to require
(during the term of this Agreement) that all employees covered by this Agreement
except those employees certified to the Committee by the Association as being
members of the Association as of the 45th day of their employment or
the 30th day after the effective date of this Agreement, whichever
is later, shall pay to the Fairhaven Educators’ Association a service fee set
by the Association which fee shall not exceed the amount of dues paid to the
Association by a regular active member.
31:2 The
Association agrees to save the School Committee and Town harmless from any
action arising out of deductions for the agency service fee and commenced by
any employee against the School Committee or Town and assumes full
responsibility for the disposition of funds so deducted once they have been
paid to the Association.
31:3 Disputes
between the parties concerning this provision shall be resolved in accordance
with the grievance procedure contained in this Agreement. In the event such a dispute is submitted to
arbitration, the arbitrator shall have no power or authority to order the
School Committee to pay such service fee on behalf of any bargaining unit
member. If the arbitrator decides the
bargaining unit member has failed to pay or authorize the payment of the
service fee in accordance with this provision, the only remedy shall be the suspension
of the bargaining unit member for one week without pay if the unit member
continues to refuse to pay or authorize payment of the service fee.
32:1 The
provisions of this Agreement will be effective as of September 1, 2007, except
as otherwise noted herein and will continue to remain in full force and effect
until August 31, 2010, at 12:00 midnight.
32:2 Not
later than September 15, 2009, the parties to the Agreement will enter into
negotiations pursuant to the procedure set forth in Article 3 of the Agreement
for renegotiation of all articles.
32:3 Both
parties agree not to consider any other areas for negotiation, except by prior
mutual agreement by the parties to discuss these areas.
FAIRHAVEN
EDUCATORS’ ASSOCIATION FAIRHAVEN SCHOOL COMMITTEE
________________________________ ______________________________
________________________________ ______________________________
________________________________ ______________________________
________________________________ ______________________________
________________________________ ______________________________
________________________________ ______________________________
The Superintendent of Schools agrees
to have the MTA staff in the Raynham Regional Office be responsible for putting
all contract information on computer disc for proofing by both parties. The final document will be considered as the
official FEA contract. The printing and
cost of the printing will be the responsibility of the Administration and the
Association and will be shared equally by both. The FEA will provide a copy of the official
contract on disc to the Administration.
Salary
Schedule
2007-2008 Year 1 - 2%
2008-2009 Year 2 - 3%
September 2007
|
Step |
B |
B+15 |
B+30 |
B+45 |
Master’s |
M+15 |
M+30 |
CAGS |
|
1 |
36,885 |
37,438 |
38,000 |
38,570 |
39,148 |
39,736 |
40,331 |
40,936 |
|
2 |
38,730 |
39,310 |
39,900 |
40,499 |
41,106 |
41,722 |
42,348 |
42,982 |
|
3 |
40,666 |
41,276 |
41,895 |
42,523 |
43,162 |
43,809 |
44,465 |
45,132 |
|
4 |
42,699 |
43,339 |
43,989 |
44,650 |
45,320 |
45,999 |
46,690 |
47,390 |
|
5 |
44,833 |
45,506 |
46,187 |
46,881 |
47,585 |
48,298 |
49,022 |
49,757 |
|
6 |
47,076 |
47,781 |
48,498 |
49,226 |
49,964 |
50,714 |
51,475 |
52,247 |
|
7 |
49,429 |
50,171 |
50,924 |
51,688 |
52,463 |
53,251 |
54,048 |
54,859 |
|
8 |
51,900 |
52,678 |
53,469 |
54,271 |
55,085 |
55,910 |
56,749 |
57,601 |
|
9 |
54,496 |
55,313 |
56,142 |
56,985 |
57,839 |
58,707 |
59,588 |
60,482 |
|
10 |
57,242 |
58,101 |
58,972 |
59,856 |
60,754 |
61,665 |
62,590 |
63,528 |
|
11 |
60,140 |
61,042 |
61,957 |
62,887 |
63,829 |
64,787 |
65,759 |
66,744 |
|
Step |
B |
B+15 |
B+30 |
B+45 |
Master’s |
M+15 |
M+30 |
CAGS |
|
1 |
37,992 |
38,561 |
39,140 |
39,727 |
40,322 |
40,928 |
41,541 |
42,164 |
|
2 |
39,892 |
40,489 |
41,097 |
41,714 |
42,339 |
42,974 |
43,618 |
44,271 |
|
3 |
41,886 |
42,514 |
43,152 |
43,799 |
44,457 |
45,123 |
45,799 |
46,486 |
|
4 |
43,980 |
44,639 |
45,309 |
45,990 |
46,680 |
47,379 |
48,091 |
48,812 |
|
5 |
46,178 |
46,871 |
47,573 |
48,287 |
49,013 |
49,747 |
50,493 |
51,250 |
|
6 |
48,488 |
49,214 |
49,953 |
50,703 |
51,463 |
52,235 |
53,019 |
53,814 |
|
7 |
50,912 |
51,676 |
52,452 |
53,239 |
54,037 |
54,849 |
55,669 |
56,505 |
|
8 |
53,457 |
54,258 |
55,073 |
55,899 |
56,738 |
57,587 |
58,451 |
59,329 |
|
9 |
56,131 |
56,972 |
57,826 |
58,695 |
59,574 |
60,468 |
61,376 |
62,296 |
|
10 |
58,959 |
59,844 |
60,741 |
61,652 |
62,577 |
63,515 |
64,468 |
65,434 |
|
11 |
61,944 |
62,873 |
63,816 |
64,774 |
65,744 |
66,731 |
67,732 |
68,746 |
|
Step |
B |
B+15 |
B+30 |
B+45 |
Master’s |
M+15 |
M+30 |
CAGS |
|
1 |
39,132 |
39,718 |
40,314 |
40,919 |
41,532 |
42,156 |
42,787 |
43,429 |
|
2 |
41,089 |
41,704 |
42,330 |
42,965 |
43,609 |
44,263 |
44,927 |
45,599 |
|
3 |
43,143 |
43,789 |
44,447 |
45,113 |
45,791 |
46,477 |
47,173 |
47,881 |
|
4 |
45,299 |
45,978 |
46,668 |
47,370 |
48,080 |
48,800 |
49,534 |
50,276 |
|
5 |
47,563 |
48,277 |
49,000 |
49,736 |
50,483 |
51,239 |
52,008 |
52,788 |
|
6 |
49,943 |
50,690 |
51,452 |
52,224 |
53,007 |
53,802 |
54,610 |
55,428 |
|
7 |
52,439 |
53,226 |
54,026 |
54,836 |
55,658 |
56,494 |
57,339 |
58,200 |
|
8 |
55,061 |
55,886 |
56,725 |
57,576 |
58,440 |
59,315 |
60,205 |
61,109 |
|
9 |
57,815 |
58,681 |
59,561 |
60,456 |
61,361 |
62,282 |
63,217 |
64,165 |
|
10 |
60,728 |
61,639 |
62,563 |
63,502 |
64,454 |
65,420 |
66,402 |
67,397 |
|
11 |
63,802 |
64,759 |
65,730 |
66,717 |
67,716 |
68,733 |
69,764 |
70,808 |
HMS GUIDANCE
September 2007
Step
|
B |
B+15 |
B+30 |
B+45 |
Masters |
M+15 |
M+30 |
CAGS |
|
1 |
39,916 |
40,515 |
41,122 |
41,739 |
42,365 |
43,002 |
43,646 |
44,301 |
|
2 |
41,761 |
42,388 |
43,023 |
43,669 |
44,324 |
44,989 |
45,663 |
46,347 |
|
3 |
43,697 |
44,352 |
45,018 |
45,694 |
46,380 |
47,076 |
47,781 |
48,498 |
|
4 |
45,731 |
46,418 |
47,114 |
47,820 |
48,538 |
49,266 |
50,004 |
50,754 |
|
5 |
47,866 |
48,583 |
49,312 |
50,052 |
50,803 |
51,565 |
52,339 |
53,123 |
|
6 |
50,107 |
50,859 |
51,622 |
52,396 |
53,182 |
53,980 |
54,790 |
55,611 |
|
7 |
52,460 |
53,248 |
54,045 |
54,856 |
55,678 |
56,513 |
57,361 |
58,221 |
|
8 |
54,932 |
55,756 |
56,592 |
57,442 |
58,303 |
59,177 |
60,065 |
60,966 |
|
9 |
57,954 |
58,823 |
59,705 |
60,601 |
61,509 |
62,432 |
63,368 |
64,319 |
|
10 |
60,875 |
61,788 |
62,715 |
63,657 |
64,611 |
65,580 |
66,565 |
67,562 |
|
11 |
63,957 |
64,916 |
65,890 |
66,879 |
67,883 |
68,901 |
69,935 |
70,983 |
Step
|
B |
B+15 |
B+30 |
B+45 |
Masters |
M+15 |
M+30 |
CAGS
|
|
1 |
41,113 |
41,730 |
42,355 |
42,991 |
43,635 |
44,292 |
44,955 |
45,630 |
|
2 |
43,013 |
43,659 |
44,313 |
44,979 |
45,653 |
46,338 |
47,032 |
47,737 |
|
3 |
45,007 |
45,682 |
46,368 |
47,064 |
47,771 |
48,488 |
49,214 |
49,952 |
|
4 |
47,102 |
47,810 |
48,527 |
49,254 |
49,994 |
50,743 |
51,504 |
52,276 |
|
5 |
49,301 |
50,040 |
50,791 |
51,554 |
52,327 |
53,111 |
53,909 |
54,716 |
|
6 |
51,610 |
52,384 |
53,170 |
53,967 |
54,777 |
55,599 |
56,433 |
57,279 |
|
7 |
54,033 |
54,845 |
55,666 |
56,501 |
57,348 |
58,208 |
59,081 |
59,967 |
|
8 |
56,579 |
57,428 |
58,289 |
59,165 |
60,052 |
60,952 |
61,866 |
62,794 |
|
9 |
59,693 |
60,587 |
61,496 |
62,419 |
63,354 |
64,304 |
65,269 |
66,248 |
|
10 |
62,701 |
63,641 |
64,596 |
65,566 |
66,549 |
67,547 |
68,561 |
69,588 |
|
11 |
65,875 |
66,863 |
67,866 |
68,885 |
69,919 |
70,968 |
72,033 |
73,112 |
Step
|
B |
B+15 |
B+30 |
B+45 |
Masters |
M+15 |
M+30 |
CAGS |
|
1 |
42,346 |
42,981 |
43,625 |
44,280 |
44,944 |
45,620 |
46,303 |
46,998 |
|
2 |
44,303 |
44,968 |
45,642 |
46,328 |
47,022 |
47,728 |
48,442 |
49,169 |
|
3 |
46,357 |
47,052 |
47,759 |
48,475 |
49,204 |
49,942 |
50,690 |
51,450 |
|
4 |
48,515 |
49,244 |
49,982 |
50,731 |
51,493 |
52,265 |
53,049 |
53,844 |
|
5 |
50,780 |
51,541 |
52,314 |
53,100 |
53,896 |
54,704 |
55,526 |
56,357 |
|
6 |
53,158 |
53,955 |
54,765 |
55,586 |
56,420 |
57,266 |
58,125 |
58,997 |
|
7 |
55,653 |
56,490 |
57,335 |
58,196 |
59,068 |
59,954 |
60,853 |
61,766 |
|
8 |
58,276 |
59,150 |
60,037 |
60,939 |
61,853 |
62,780 |
63,721 |
64,677 |
|
9 |
61,482 |
62,404 |
63,340 |
64,291 |
65,254 |
66,233 |
67,227 |
68,235 |
|
10 |
64,582 |
65,550 |
66,533 |
67,532 |
68,545 |
69,573 |
70,617 |
71,675 |
|
11 |
67,851 |
68,868 |
69,901 |
70,951 |
72,016 |
73,097 |
74,193 |
75,305 |
Social Workers/FHS
Guidance/Crisis Counselor/Health
Coordinator
Step
|
B
|
B+15
|
B+30 |
B+45 |
Masters |
M+15 |
M+30 |
CAGS |
|
1 |
41,436 |
42,057 |
42,688 |
43,328 |
43,979 |
44,638 |
45,307 |
45,986 |
|
2 |
43,282 |
43,931 |
44,590 |
45,259 |
45,938 |
46,627 |
47,325 |
48,035 |
|
3 |
45,215 |
45,892 |
46,582 |
47,281 |
47,990 |
48,710 |
49,440 |
50,182 |
|
4 |
47,249 |
47,958 |
48,677 |
49,407 |
50,148 |
50,900 |
51,664 |
52,439 |
|
5 |
49,384 |
50,124 |
50,877 |
51,640 |
52,414 |
53,201 |
53,999 |
54,809 |
|
6 |
51,625 |
52,399 |
53,185 |
53,984 |
54,793 |
55,614 |
56,499 |
57,296 |
|
7 |
53,979 |
54,789 |
55,610 |
56,444 |
57,291 |
58,151 |
59,023 |
59,908 |
|
8 |
56,451 |
57,298 |
58,157 |
59,029 |
59,914 |
60,813 |
61,726 |
62,652 |
|
9 |
59,273 |
60,162 |
61,064 |
61,981 |
62,910 |
63,854 |
64,812 |
65,785 |
|
10 |
62,259 |
63,194 |
64,141 |
65,103 |
66,079 |
67,071 |
68,076 |
69,097 |
|
11 |
65,412 |
66,392 |
67,388 |
68,399 |
69,424 |
70,465 |
71,522 |
72,595 |
Step
|
B
|
B+15
|
B+30 |
B+45 |
Masters |
M+15 |
M+30 |
CAGS |
|
1 |
42,679 |
43,318 |
43,968 |
44,627 |
45,298 |
45,977 |
46,666 |
47,365 |
|
2 |
44,580 |
45,248 |
45,927 |
46,616 |
47,316 |
48,025 |
48,744 |
49,476 |
|
3 |
46,571 |
47,268 |
47,979 |
48,699 |
49,428 |
50,171 |
50,923 |
51,687 |
|
4 |
48,666 |
49,396 |
50,137 |
50,889 |
51,652 |
52,427 |
53,213 |
54,012 |
|
5 |
50,865 |
51,627 |
52,403 |
53,189 |
53,986 |
54,797 |
55,618 |
56,453 |
|
6 |
53,173 |
53,970 |
54,780 |
55,603 |
56,436 |
57,282 |
58,142 |
59,014 |
|
7 |
55,598 |
56,432 |
57,278 |
58,137 |
59,009 |
59,895 |
60,793 |
61,705 |
|
8 |
58,144 |
59,016 |
59,901 |
60,799 |
61,711 |
62,637 |
63,577 |
64,531 |
|
9 |
61,051 |
61,966 |
62,895 |
63,840 |
64,797 |
65,769 |
66,756 |
67,758 |
|
10 |
64,126 |
65,089 |
66,065 |
67,056 |
68,061 |
69,083 |
70,118 |
71,169 |
|
11 |
67,374 |
68,383 |
69,409 |
70,450 |
71,506 |
72,578 |
73,667 |
74,772 |
Step
|
B
|
B+15
|
B+30 |
B+45 |
Masters |
M+15 |
M+30 |
CAGS |
|
1 |
43,959 |
44,617 |
45,287 |
45,965 |
46,656 |
47,356 |
48,065 |
48,785 |
|
2 |
45,917 |
46,605 |
47,304 |
48,014 |
48,735 |
49,465 |
50,206 |
50,960 |
|
3 |
47,968 |
48,686 |
49,418 |
50,159 |
50,910 |
51,676 |
52,450 |
53,237 |
|
4 |
50,125 |
50,877 |
51,641 |
52,415 |
53,201 |
53,999 |
54,809 |
55,632 |
|
5 |
52,390 |
53,175 |
53,975 |
54,784 |
55,605 |
56,440 |
57,286 |
58,146 |
|
6 |
54,768 |
55,589 |
56,423 |
57,271 |
58,129 |
59,000 |
59,886 |
60,784 |
|
7 |
57,265 |
58,124 |
58,996 |
59,881 |
60,779 |
61,691 |
62,616 |
63,556 |
|
8 |
59,888 |
60,786 |
61,698 |
62,622 |
63,562 |
64,516 |
65,484 |
66,466 |
|
9 |
62,882 |
63,824 |
64,781 |
65,755 |
66,740 |
67,742 |
68,758 |
69,790 |
|
10 |
66,049 |
67,041 |
68,046 |
69,067 |
70,102 |
71,155 |
72,221 |
73,304 |
|
11 |
69,395 |
70,434 |
71,491 |
72,563 |
73,651 |
74,755 |
75,877 |
77,015 |
September 2007
|
Step |
B |
B+15 |
B+30 |
B+45 |
Master’s |
M+15 |
M+30 |
CAGS |
|
1 |
42,691 |
43,331 |
43,982 |
44,642 |
45,312 |
45,992 |
46,682 |
47,383 |
|
2 |
44,535 |
45,203 |
45,881 |
46,569 |
47,267 |
47,976 |
48,696 |
49,427 |
|
3 |
46,472 |
47,168 |
47,876 |
48,593 |
49,322 |
50,062 |
50,813 |
51,575 |
|
4 |
48,494 |
49,233 |
49,971 |
50,721 |
51,482 |
52,253 |
53,037 |
53,833 |
|
5 |
50,639 |
51,399 |
52,169 |
52,953 |
53,746 |
54,552 |
55,370 |
56,200 |
|
6 |
52,881 |
53,674 |
54,480 |
55,297 |
56,125 |
56,968 |
57,822 |
58,690 |
|
7 |
55,235 |
56,063 |
56,904 |
57,757 |
58,624 |
59,503 |
60,395 |
61,302 |
|
8 |
57,706 |
58,572 |
59,451 |
60,343 |
61,248 |