AGREEMENT BETWEEN WINDHAM BOARD OF EDUCATION AND
Transcription
AGREEMENT BETWEEN WINDHAM BOARD OF EDUCATION AND
AGREEMENT BETWEEN WINDHAM BOARD OF EDUCATION AND WINDHAM FEDERATION OF TEACHERS September 1, 2014 306549lvl August 31, 2016 ' . TABLEOF CONTENTS Assaults .............................................................................................. 12 Benefits........................................................................................... 23,30 Board Prerogatives................................................................................... 3 Board Policy..... : ..................................................................................... 2 Class Size ............................................................................................ 22 Co-curricularSalaries ............................................................................. 29 Collectionof Money ................................................................................ 18 Committeeof Review.............................................................................. 20 Contract Duration .................................................................................. 25 Contract Printing and Distribution.............................................................. 11 Contractsof Employment......................................................................... 11 CoordinatorSalary Schedules.................................................................... 29 , .... 22 District-wideStaff Schedules................................................................ MembershipEligibility.............................................................................. 1 ExtracurricularPay ................................................................................ 18 ExtracurricularPoint Values ..................................................................... 33 EvaluativeMaterial ................................................................................ 12 Fair Practices........................................................................................ 15 , .... 3 Grievances........................................................................................ GrievanceProcedures................................................................................ 3 ;.............................................................. 32 In-service ............................. 1 Information,Union Requests for .................... , ............................................. Injury Causedby Assault ......................................................................... 12 , 30 Insurance............................................................................................ 24 · Job Actions .................... :..................................................................... Layoffs ............................................................................................... 24 Leaves of Absence ................................................................................... 7 12 Legal Counsel............ , .......................................................................... Longevity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . .. . . . . . .. . . . . . . . . . . . . 27,28 Mailboxes,Union Use of ........................................................................... 2 Meetings ....................................................................................... 2,17,23 :.. .............. 13 Mileage Reimbursement.......................................................... Negotiations........................................................................................... 2 16 Non-ClassroomAssignments........... ·.......................................................... i 306S491v3 ' TABLE OF CONTENTS (CONTINUED) Non-ScheduledClasses...................................................................... , ..... 23 Paychecks..................................................................................... :.. 13,14 Payroll Deductions..... .-.. ; . . .. .. . .. .. . .. .. .. .. .. .. . . .. . . .. .. .. .. . .. .. .. . .. . . .. .. . .. .. . .. .. .. .. 14,15 7 Personal Days ......................................................................................... Personnel File ....................................................................................... 13 Preparation Time ·........... ; .................. , . .. . . .. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . 21 Professional Development...................................................................... '............. 13 ProfessionalLeave ................................................................................. 11 Quarantine......... :.................................................................... ·............... 7 ReappointmentList....................................................... , ....................... ;. 24 Retirement Severance Pay ........................................................................ 13 Salary Agreements .. .. .. .. .. . . . .. .. .. .. .. .. .. .. .. . .. . . . . .. .. . . . .. . . .. . .. . . .. . .. . . .. . ... .. .. . .. . . . .. 11 Salary Schedules................................................................................ 27,28 Schedules .................................................................. ; ......................... 22 School Calendar ...................................................................................... 2 , .. 13 SeverancePay .................................................................................... Sick Leave ......................................................................................... 7,12 Special EducationStudents ....................................................................... 22 Study Halls ................................................. ·..................................... 16,23 SupplementaryContracts. . .. . . .. . .. . . .. .. .. .. .. . .. .. . . . .. .. . . .. .. . . .. . .. .. .. . . .. . . .. .. .. . .. . . .. .. . 11 Supply Budget.............................. :.......................................................... 2 Teaching Assigmnents............................................................................. 23 Threats ............................................................................................... 12 Transfers .................................................................................... , ........ 21 Transporting Students................................................................. ·,.. . . . . . . . . . . 18 Union Dues .. .. . . .. . .. . . .. . .. .. .. . .. . .. .. .. .. .. . .. . .. .. . . . . .. . . . .. .. . .. . .. . . .. .. .. .. .. .. . . . .. .. . . . ... 13 Vacancies . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . .. . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . 24 Workdays ............................................................................................ 17 Work Stoppages .................................................................................... 25 Workers' Compensation....................................................................... , ... 12 - ii .~065'491v3 ' .. TABLE OF CONTENTS (CONTINUED) A-1 A-2 A-3 A-4 A-5 A-6 Salary..................................................................................... 27,28 Co-curricular Positions ................................................................... 29 Insurance............................................................. , ...................... 30 :............... 33 Extra-curricular Positions................................................ Memorandumof Agreement ............................................................ 35 Insurance Grid................................................................................. ,...... 36 - iii 306549lv3 PREAMBLE Whereas ConnecticutState Law 10-153,as amended, recognizesthe procedure of collectivebargainingas a peaceful, fair, and orderly way of conductingrelations between boards of educationand teacher organizations;and Whereas in a specialreferendumconductedby the AmericanArbitrationAssociation among the certifiedpersonnel of the WindhamPublic School Systemon December4, 1974,a majority of those voting elected as their sole representativefor all classroomteachers and holders of special certificatesother than administrative;and Whereasthe Board and its designatedrepresentativeshave met with representativesof the WindhamFederationof Teachers (WFT), and fully consideredand discussedwith them, as representativesof the professionalstaff in the bargaining unit, conditionsrelative to employmentas required by law, it is agreed as follows: AGREEMENT AGREEMENTmade and entered into by and betweenthe WindhamBoard of Education (hereinafterreferred to as the "Board")and the WindhamFederationof Teachers, AFL-CIO (hereinafterreferred to as the "Union"). ARTICLEI FEDERATIONRECOGNITION The Board recognizesthe Union as the exclusivebargainingrepresentativeof all those employeesin positionsrequiring a teachingor special services certificate(including persons holding a durational shortage area permit) except principals/headmastersand other administratorsexcluded from the teachers' bargainingunit in accordancewith Conn. Gen. Stat. § 10-153b(a). 1.1 1.2 Nothing containedherein shall be construed to prevent any individual professionalstaff member from (1) informallydiscussinga complaintwith his or her immediatesuperior or (2) processinga grievancein his or her own behalf in accordancewith the grievanceprocedure hereinafter set forth, excluding arbitration. 1.3 The Union agrees to represent all teachers withoutregard to membershipor participationin, or associationwith, the activitiesof the Federationor any other employee organization. - 1- 1.4 The office of the Superintendentof Schoolsshall, upon written request, furnish to.the Union availableinformationwhichis in the public domain. 1.5 . There shall be made availableto the Union, upon its request, any and all information,statistics, and records which are relevant or necessaryfor the proper enforcement of this Agreement. l. 6 The supply budget for each school shall be discussedby the principal/headmasterwith the Union's steward at his or her request. 1.7 The Union shall have the right to call meetingsof its membershipat any time after the teacher workday it deems necessary. The use of schoolbuildingsfor this purposeis permitted, provided the Union shallbe responsiblefor additionalcustodialcosts, if any. 1.8 One Union steward from each elementaryschool and two (2) stewardsfrom the WindhamMiddle School and two (2) stewardsfrom the.High School shall be released from their homeroomassignmentand before and after school supervisoryassignments(exceptas under 10.2) for the purpose of investigatinggrievanceswhen there are teachers availablefor adequatecoverage. In addition, the Presidentof the Union shall be releasedfrom all homeroomand building assignmentsduring his or her term of office. 1.9 The proposed School Calendarshall be discussedwith the Union before adoptionand before contracts are issued,. 1.10 The NegotiationTeam of the Union shall be excusedfrom duty with no loss of pay for school time when required by the Board or its representativesto be present for negotiationsor other meetings. 1.11 The school mailboxesshall be availablefor the distributionof communications by the authorizedofficials of the Union. A copy of such noticesshall be given to the respectivebuilding principal(s)/headmastersand to the Superintendentat the time such notices are distributed. l.12 Bulletinboard space in each school shall be reserved for the exclusiveuse of the Union for the posting of official Union notices. A copy of such noticesshall be given to the respectivebuilding ptincipal(s)/headmastersand to the Superintendentat the time such notices are posted. · 1.13 The Board may assign teachers or other unit membersto a work day that.starts no earlier than 7 a.m. or ends no later than 5 p.m. providedthat the overalllength of the assignedteacher's day is 7.75 hours, the same as other membersof the bargainingunit. The Board shall first seek qualifiedvolunteersfor such positions, and shall otherwiseassign teachers to such positionsby reverse order of seniority. The teacher work year shall be -2306549lv3 increased to 185 days in 2014-15 and to 186 days in 2015-16. Shouldthe length of the school year be further increased,the Board shall negotiatethe impact of such change with the Union. 1.14 Board agendas, minutes, and Board packets (excludinginformationprivileged by the Freedomoflnformation Act) will be forwardedto the WFT President on a regular and timely basis. 1.15 Board policy will be posted on the·Board's website. Any ch_angeswill be posted within a reasonabl_e time after they are adopted. ARTICLE II BOARDPREROGATIVES It is recognizedthat the Board has and will continueto retain, whether exercisedor not, the sole and unquestionedright, responsibilityand prerogativeto direct the operationof the public school in the-Townof Windham in all its aspects, includingbut not limited to the following: To maintainpublic·elementaryand secondaryschoolsand.suchother educational activities as in its judgment wUIbest serve the interests of the Town of Windham;to give the children of Windhamas nearly equal advantagesas may be practicable;to decide the need for school facilities;to determinethe care, maintenanceand operationof buildings, land, apparatus and other property used for school purposes; to determinethe number, age, and qualifications of the pupils to be admittedinto each school; to employ, assign and transfer employees;to suspend or dismissthe employeesof the schoolsin the manner providedby statute; to designatethe schools which shall be·attendedby the various childrenwithin the town, to make such provisions as will enable each child of school age residingin the town to attend schoolfor the period required by law and provide for the transportationof childrenwherever it is reasonable and desirable; to prescribe rules for the management,studies, classificationand discipline for the public schools; to decide the textbooksto be used; to make rules for the arrangement, use and safekeepingof the school libraries and to approve the books selected therefor and to approve plans for school buildings; to prepare and submitbudgets to the Board of Finance and, in its sole discretion, expendmonies appropriatedby the town for the maintenanceof the schools, and to make such transfers of funds within the appropriatedbudget as it shall deem desirable, and to continueto establishadministrativeregulationsnot inconsistentwith this Agreement. These rights, responsibi!ities'andprerogativesare not. subject to delegationin whole or in part, except that the same shall not be exercisedin a manner inconsistentwith or in violation of any of the specificterms and provisions of this Agreement. -3- ARTICLEIII GRIEVANCEPROCEDURE 3 .1 Purpose: The purpose of this procedure is to secure, at the lowest possible level.of employee-employerrelationship,equitablesolutionsto problemswhich may arise affecting the welfare or workingconditionsof any teacher coveredby this contract. Accordingly,the Board and the Union agree that during the life of this Agreementall disputes between them or between the Union and the Administrationshallbe settled in accordancewith the provisionsof this grievanceprocedure and that all such proceedingsshall be kept as confidentialas possible. 3.2 Definitions: A grievanceshall mean a complaintby an employee(i) that as to him or her there has been a violation,misinterpretationor mjsapplicationof the specific provisions of this Agreement;or (ii) concerninghis or her conditionsof employmentnot covered by this Agreement. Step 4 of the grievanceprocedure shall neither apply to complaintspresentedunder part (ii) of the preceding sentence,nor shall it apply to complaints .presentedunder Section 9 .1, and the decisionof Step 3 shall be final. 3.3 Procedures: STEPl A. An employeeand a Union steward (if the employeeso desires) shall first discuss the problem with his or her principal/headmasterand indicatethat this problem is a potential grievance. If the matter is not satisfactorilyadjustedwithin five.(5) school days, the employeeshall submit it in writing withinfive (5) school days to the principal/headmaster. The written grievance shall set forth (1) facts sufficientto describethe events giving rise to the grievance, (2) the specificprovision(s)of this Agreementwhichthe grievant allegesto have been violated, ~nd (3) the remedy requested. B. The principal/headmastermay request a meetingwith the employeeand a Union steward (if the employeeso desires)prior to makinghis or her decisionin writing with copies to the employee and the Union within five (5) schooldays of the submissionto him or her by the employee. STEP2 A. Failing satisfactorysettlementwithin such time limit, the aggrieved employee.may,within five (5) school days appeal in writing to the Superintendentor his or her designatedrepresentative. The written appeal shall set forth the groundson which it is made, but no change shall be made in the terms of the original grievance. B. The Superintendentor his or her representativeshall meet with the employee and a Union steward (if requestedby the employee)withinten (10) school days of -4306549lv3 the receipt by him or her of such appeal, and shall give his or her decisionin writing to the employee and the Union within five (5) school days of such meeting. STEP3 A. If the aggrievedemployeeis not satisfied with the decisionrendered at the level of the Superintendent,he or she may, within five (5) school days, appealto the Board of Education, or may request in writing, with a copy to the Superintendtint,that the Union appeal on his or her behalf. B. The Board of Educationshall, within two (2) calendarweeks (14 days) of its receipt of such appeal, meet in executivesession with the employeeand a Union representative(if the employeeso desires), and shall render its decision and reasons therefor in writing to the employeeand the Union within one (1) calendar week (7 days) after such meeting. STEP4 A. In the event a grievance shall not have been settled under the above procedure, the Union may request that such dispute or differencebe referred to the American Arbitration Associationfor arbitration in accordancewith its administrativeprocedures, practices and rules. B. Notice of intentionto make such submissionto arbitrationunder subsection(A) above must be in writing addressedto the Superintendentof Schools, and submissionto the Arbitration Associationmust be made not later than ten (10) school days following the decision of the Board of Educationor the expiration of the time limits for making such decision, whichever shall first occur. C. The arbitrator shall hear and decide oruy one grievancein each case. He or she shall be bound by and must comply with all of the terms of this Agreement. He or she shall have no power to add to, delete from, or modify in any way any of the provisionsof this Agreement. The decision of the arbitrator shall be binding upon both parties and all employees during the life of this Agreement, ui:tlessthe same is contrary to law. Fees and expensesof the arbitrator shall be borne equally by the Board and the Union. D. No employee may file for arbitration as an individual,but only the Union may file an appeal to arbitrationhereunder. E. Nciprovisions of this contractwhich are stated as a matter of Policy shall be subject to arbitration. 3.4 Time Limits: -5306549!v3 A. Since it is important that grievances be processed as rapidly as possible, all grievances shall be processed in accordance with time limits specified in each step herein, andthe number of days indicated at each step shall be considered as a maximum. Such time limits, however, may be extended by written agreement between the Union and the Board or Administration, provided that no such agreement of extensions shall be made after the expiration of such time limits. B. Any grievance not presented within fifteen (15) school days of the occurrence giving rise thereto shall not thereafter be considered a grievance under this Agreement. Grievances based on occurrences on or after June 15, shall be presented prior to July 1. C. Failure of the grievant at any step to appeal a grievance to the next step within the specified time limits shall be deemed to be an acceptance by the grievant of the disposition of such grievance. D. Failure at any step of this procedure to communicate a decision within the specified time limits shall permit the aggrieved to proceed immediately to the next step. 3.5 Representative Rights of Teachers and the Union: A. No reprisals of any kind shall be taken by either party or by any member of the Administration against any participant in the grievance procedure by reason of such participation. B. Any grievant or party in interest may be represented in the grievance procedure by a teacher of their own choosing provided that 1) The representative of the grievant or party in interest is not a representative, legal counsel, or officer of any teacher organization other than the Union; 2) The Union shall have the rtght to be present and to state its views at all stages of the procedure; 3) The Union shall be notified in writing of the disposition of any such grievance at each step of the grievance procedure by the Administration representative involved at each step; and, 4) This provision shall not be construed to prohibit the Union from calling on Union staff representatives or legal counsel at any stage of the grievance procedure. C. The Union shall have the right to initiate a grievance or appeal from the disposition of a grievance of an employee br group of employees at any step of this procedure. -6306549lv3 D. Meetingsheld under this procedure shall be conductedat a time and place which will afford a fair and reasonableopportunityto attend for all persons proper to be present. When such meetingsare held during school hours, all persons who participateshall be excusedwithoutloss of pay for that purpose. Persons proper to be present for the purposes of the preceding sentenceare definedas an aggrievedteacher or teachers, their appropriate Union representativesand qualifiedwitnesses. E. Grievancesarising from the action ofan officialother than the assistant principal or principal or headmastermay be initiated with the Superintendentor his or her designatedrepresentativeas set forth in§ 3.3, Step 2 above. 3.6 Administrative Record Keeping of Grievances: All documents,communications,and records dealingwith the processingof a grievance will not be availableor exposed, or indicatedin any manner to anyoneoutside of the WindhamBoard of Educationwithoutthe prior approval of the grievantor, with prior consultationwith the Federation, otherwiseas required by law. If either the Federationor the Board of Educationis given such approval, it is understoodthat both parties have such approval. This provisiondoes not apply to the initial statementof grievance;which in accordancewith the Freedom of InformationAct is a public document,but will be kept confidentialuntil a FOIA request is made for the grievance. 3. 7 Disposition of Grievances - Saving Clause: No dispositionof any grievanceat any level shall be contraryto any provisions of this Agreement, any applicablelaw, or any previous arbitrationaward under this Agreement. ARTICLE IV LEAVES OF ABSENCE 4.1 Sick Leave: A. Teachersshall be entitled to fifteen (15) days sick leave with full pay each school year as·'ofthe first day they report for classroomduty. Sick leave is accumulated from year to year, except that accumulatedsick leave in excess of 150 days as of any June 30, may not be carried over to the following September. The Board may require, at no expenseto the employee, a doctor's_certificate or exatninationby the ~choolmedicaladvisor in cases of suspected abuse. B. Stipendamounts shallbe adjustedproportionatelybJIthe Personnel Director for an absence of more than one week when a substituteis retained. -7'l0fii4Qlv1 4.2 PersonalLeave: A. Teachers shall be permittedabsenceswithoutloss of pay and without deductionfrom such leave accumulationsup to a total of not more than five (5) days in any school year for any or all.of the following,except as otherwisespecificallystatedhereinafter: 1) Serious illnessof spouse, parent, child-,brother, sister, or member of the immediatehousehold, or serious illness or death of grandparent,grandchildren, father-in-Jaw,mother-in-law,brother-in-law,sister-in-Jaw,uncle or aunt; 2) Quarantine; 3) Absence for spouse for birth of child to wife, not to exceedtwo (2) days in any schoolyear; and, 4) Temporaryabsence,not to exceed two (2) days per year for ·personal matterswhich cannot be conductedwith reasonableconvenienceoutsideof school hours, .subjectto the approval ofthe Superintendentor his or her designee. Such leave may not be taken merely for personal convenience,but only as a matter of pressingpersonalneeds and; 5) · Observanceof a publicly acknowledgedreligiousholy day. B. An employeerequestingpersonal leave for any of the specifiedreasons in paragraphsone through five (1-5) must notifyhis or her principal/headmasterin writing at least twenty-four(24) hours in advanceof such Jeave.(exceptin cases of emergency)giving reason for his or her contemplatedabsence. In case of personal leave under paragraphfour (4), the request must be accompaniedby a statementof reasons in generalterms (such as . attendancein court, real estate closing, etc.).. Where possible, this shouldbe done at least five (5) school days before the date involved. If such a request is denied and a grievanceis filed, the employeeshall be excused for the day in question;but salary paymentshall be contingent upon ·the outcomeof the grievance. Personal leave will ordinarilynot be grantedthe day before or the day after a holiday or vacationexcept in case of death or serious illness in the family. C. A teacher who completesthe year withoutmissinga day, excluding professionaland personal days, will receive a letter of recognitionthat will be placed in his/her personnel file. D. The Windham Board of Educationand the WindhamFederationof Teachers hereby agree to continue their past practice concerningSection4.2 of the Working Agreement. In particular, the Superintendent.or his/her designeemay, in his/her discretion, grant an additionalpersonal leave day(s) to bargainingunit membersfor the sole purpose of the personal observanceof a publicly acknowledgedreligious holy day. Denial of said request is r 306549lv3 -8- not subject to the grievanceprocedure provided in the Working Agreement, In addition, the Superintendentor his/her designee may grant additionalpersonal leave days (not to exceed 10) to fulfill legal requirements.relatedto adoption. If the request for .theadditionalpersonal leave day(s) is granted, the bargainingunit . member who requestedthe personal leave shall be paid his/her per diem rate of pay minus the per diem rate.of a substitute. 4.3 Funeral Leave: Teachers shall be permitted absenceswithout loss of pay and without deductionfrom sick leave accumulationsup to a total of not more than four {4) days in any school year in the event of death of spouse, parent, child, brother, sister, grandparent, mother-in-law, father-in-law,or member of the immediatehousehold. 4.4 · Childbearing and Childrearing Leave: A. · Teachers who becomepregnant shall be placed on short-termleave status for childbearingp:urposesunder this paragraph unless they elect a long-termleave under the provisions of paragraph B. Any teacher who becomespregnant shall so notify the Superintendentor his or her designee at least four (4) months prior to the expecteddate of delivery and shall thereafterprovide a doctor's certificateindicatingcontinuedfitness for work at least monthly, or more often if there is a change in her conditionduring the month. Leave shall begin when in the opinion of her doctor, or the Board's doctor on review, the teacher is no longer physicallyable to work, or upon her confinement,whichevercomes first. Leave shall expire when in the opinion·ofher doctor, ·Orthe Board's doctor Oll.review, she is physically able to return to work. Except in the case of unusual medical difficultiesfor the teacher, leave is not expectedto continuefor more than six (6) weeks after delivery. Where possible, the teacher shall be assignedto her former position upon return, and shall be guaranteed such position if she returns within the same school year. B. Any teacher who has acquired ti;,nureand is expectinga child or whose spouse is expectinga child, or who has firm plans to adopt a child in the immediatefuture, upon request shall be granted a long-term leave for childrearingpurposes. Such leave shall begin either at the start or at the mid-pointof the school year, and shall end either one-half or one-full school year later. The request for such leave must be made at least thirty (30) days prior to its commencement,and must specify·whetherthe request is for leave of one-half or one-full year. Upon return, a teacher shall be assignedto his·or her former position, or if the former position no longer exists, to a position for which the teacher is certified and qualified. Leave under this paragraph may be granted to non-tenureteachers at the discretion of the Superintendent. ' C. Leaves of absenceunder 4.4A shall be treated as disabilityleaves in accordance.withPublic Act 73-647. · Leave under4.4B shall be without compensation,but -93065491vl such teacher shall have the option of continuingfringe benefitsso long as the total cost of fringe benefits is borne by the employee. D. Any teacher who becomespregnant shall adhereto the notificationand reportingprocedures as stipulatedin 4.4A for as long as she remainsteaching,whether or not she intendsto return to teachingafter the child is born. 4.5 Exchange Teacher Leave: A. Upon recommendationof the Superintendent,leaves for exchange teacher positionsunder either nationalor internationalprogramsmay be grantedby the Board to teachers who have achievedtenure in Windhamand who have completedat least two (2) additionalyears of competentservice. The Board shall compensateany teacher grantedexchangeleave on the basis of equivalentarrangementsmade through the office of the Superintendent,but in no event shall it be required to pay more than one salary for any one teachingposition. Any period served as an exchangeteacher shall be applied to the salary scheduleset forth. B. 4.6 Professional Leave: A. Subjectto the availabilityof funds, the Board shall pay the reasonable expenses(includingfees, meals, lodging and/or transportation)incurredby teacherswho attend workshops, seminars, conferencesor other professional improvementsessions(not including visiting days) at the request and/ or with the advance approval of the Principal/Headmasterand Superintendentfat particularpurposes of specialbenefit to the school system. Alternatively, · the Principal/Headmasterand the Superintendentmay approveleave with pay but without . reimbursementof expensesfor the purpose of attendingworkshops,seminars,conferencesor other professionalimprovementsessions, A written report shall be required of any teacher attendingsuch sessions. B. Any teacher may be permitted at least one (1) day per year without reimbursementof expensesfor visiting some other school systemwhen such visit will benefit the Windhamschool system or the individualteacher as a professionalin the system. The arrangementsfor visiting must be made in advanceand the completedplans approvedby the principal/headmaster. Such requests may be brought to the Superintendent'sattentionfor review. 4.7 Return After Leave of Absence: A. Teachers who have been granted long-termleave shall notify the Superintendentof their return by March 1 when reasonablypracticable. If a teacher fails to submit such written notification,the teacher shall forfeit his or her right to that position for that semester. - 10 306549lv3 B. All teachers returningfrom leaves of absencegrante<tunderthis Article shall be restored to the same positionthey held at the time the leave was granted, providedthat former positionexists. If there is no opening,the teacher will be placed in any positionfor which the teacher is certified and qualified. 4. 8 Any employeeabsent from work without leave as providedin this Article may be subjectto disciplinaryaction, includingbut not limited to loss of salary, suspensions,or dismissal. 4.9 The Board reserves the right to designateleave providedunder this Article as · leave qualifyingunder the Family and MedicalLeave Act in accordancewith law. Such designationshall not limit leave entitlementotherwiseavailableunder this Agreement. 4.10 Teacherswho are absent from their assignmentfor any of the reasons set forth in this Article shall call the substitutereporting service for each absencewhetheror not a substituteis required for their position. ARTICLEV CONTRACTS 5 .1 The Board shall continueto use substantivelythe same forms as are now used for.the written contract of employmentof each individualmember of the bargainingunit. The Board will includethe followingnotificationon the annual salary agreementiss~edto membersof the bargainingunit: This agreementmay be terminatedby the teacher by providing thirty days written notice at any time. Failure to adhere to this requirementshall be a violationof this agreement, and shall subject.the teacher to all available legal remedies. .., 5.2 Supplementary Contracts A. Appointmentto positions coveredby supplementarycontractsare for one (1) year only. However, if a teacher who has held such a position for two (2) consecutive school years is not to be reappointedto that positionfor the succeedingschoolyear, such teacher shall be so notifiedprior to July 1, and shall upon request receive in writing from the Superintendenta statementof the reasons therefor. This statementshall not be subjectto the grievanceprocedure, but may at the option of the teache.rbe discussedwith the Superintendent. The teacher may request that a.Union stewardbe present at such meeting. For the purpose of this paragraph, "positionscovered by supplementarycontracts" shall not includesummer school or adult educationpositions. -11 - B. Assignmentto the position of facilitator, instructionalconsultant, instructionalcoachand team leader shall be limited to a term of five (5) years. C. Assignmentsto positionscovered by supplementarycontracts shall be made first by consideringavailablevolunteerswithin the school building, then by considering other availablevolunteerswithin the ,bargainingunit, and.then, as to staff employedon or after September 1, 1984, by assignmentof the building principal/headmaster. D. Under normal circumstances,supplementarycontractswill .be issuedby September 1 of each schoolyear, for all known appointeesfor that schoolyear, except for fall sports, for which supplementarycontracts shall be issued by August 15. 5. 3 Copies of this Agreementshall be distributedto all membersof the bargaining unit as soon after its approval and printing as possible. The Board agrees to equally share-the costs of printing and distributingthis Agreementin booklet form, and the Board agrees to distribute a copy of this Agreementto each member of the bargainingunit presently employed by the Board and to each new staff memberhired by the Board. 5.4 No individualcontracts or agreementsincludingany and all supplementary contracts shall be issued for a particular school year prior to final approval of the collective bargaining agreementfor that year without a notice to the effect that all salaries are subjectto agreementwith the Union. ARTICLEVI PROTECTIONOF EMPLOYEES 6.1 Teachers shall report all cases of threat and assault to their building principals/headmastersin accordance w_ithstatute. 6.2 The Board agrees to provide legal counselto defend any teacher in any action (a) arising out of an assault on a teacher, or (b) arising out of any disciplinaryaction taken against a student by a teacher, and (c) by re~son of allegednegligenceor.other act resulting in accidentalbodily injury to or death of any person, or in accidentaldamageto or destructionof property, within or without the school buildings, provided such teacher, at the time of the assault or accident resulting in such injury, damage, or destruction, was acting in the discharge of his oi:her duties within the scope of his or her employmentor under the.direction of the Board, as provided for and limited by the provisions of Conn._Gen. Stat. § 10-235. 6.3 If criminal or civil proceedings are brought against a teacher allegingthat he or she committedan assault in connectionwith his or her employment,such teacher may request the Board to furnish legal counsel to defend him or her in such proceedings. If the Board does not provide such counsel, andthe teacher is found to have been acting in the discharge of his or her duties, within the scope of his or her employment,or under the direction of the Board - 12 3065491v3 and is found not guilty if charged with assault in a criminal action or is found not liable if sued for assault in a civil action, then the Board shall reimburse the teacher for reasonablecounsel fees incurred by him or her in defendingthe proceeding. 6.4 Whenevera teacher is injured on the job, he/she is required to file a first report of injury as soon as possible with the school nurse or contact the PersonnelOffice. Whenever a teacher is temporarilyabsent from school as a result of personal injury arising out of and in the course of his or her employment,he or she may be paid his or her full salary for the period of such absenceby having such absencechargedproportionatelyto his or her annual sick leave, provided such employeeat the time of the injury, was acting in the dischargeof his or her duties within the scope of his or her employmentor under the directionof the Board. Such compensationwill pay the differencebetweenWorkers' Compensationand the teacher's salary; it will not be a full salary in additionto Worker's Compensation. The Board shall have the righMo have the teacher examinedby a physiciandesignatedby the Board for the purpose of establishingthe length of time during whichthe teacher is temporarilydisabledfrom performing his or her duties. 6.5 A teacher shall be notified in writing at the time any evaluativematerial is placed in his or her file. Such notice may be given by marking a document "cc Personnel File" or by sendingthe teacher an email to that effect specifyingthe materialin question. 6.6 A teacher shall be allowedto have the first ten (10) pages of appropriatematerials copied from his or her personnel file withoutcosts, however, there will be a ten (10) cent charge per page for each copy over ten (10) pages. 6. 7 .1 Eighteenhours of state mandatedprofessionaldevelopmentwill be offered within the frameworkof the teachers' contract day, which includesmeetingsreferred to in Article 17.3, and year. 6.7.2 No teacher shall be required to dispensemedicineto students. 6. 8 Upon retirementor death, severancepay shall be made to the teacher·or his or her estate calculatedat the rate of one day's pay for each five (5) days of accumulatedsick leave (i.e., 20%) credited to the teacher. To be eligible to receive such payment in the July. following retirement, the teacher shall submit an irrevocable letter of resignationfor purposes · of retirement on or before the previous ianuary 1. Should the teacher fail to provide such written notificationoffetiremen±,the Board shall make such paymentin July in the next year following (e.g., notificationreceived in May 2008 will result in paymentbeing made in July 2009). The Board reserves the right to make an additionalpayment of $500 to all teachers who adhere to the December 1 submissiondate. The Board shall notify staff if it exercisesthis option. - 13 - 6.9 A teacher who has a regular teaching assignmentsplit between·twoschool buildings shall be reimbursedfor mileagefor travelingbetweensuch school buildingsin accordancewith the followingterms: the mileagereimbursementrate shall be the same as that rate allowablefor incometax deductionby the Internal RevenueService. Reimbursementwill be for miles traveled on assigned school businessonly; such travel will be approvedin advance by the buildingprincipal/headmasteror.central office administrator. 6.1O No employeeshall receive a written reprimandor a suspensionwithoutjust cause. ARTICLE VII DEDUCTIONS A. Dues D.eductionand Agency Fee 7.1 All employeesshall, as a conditionof continuedemployment,join the Federation or pay to the Federationan agency fee for expensesincurred by the Federationfor collectivebargaining, contract administration,and grievancerepresentation. The Federation shall provide each non-memberwith a statementof the major categoriesof expendituresfor such purposes made in the prior fiscal year at least thirty (30) days before the commencement of the succeedingcontractyear, said statementverified,by an independentauditor. 7 .2 Any non-memberwho shall object to the amountrequired as agencyfee, as herein provided shall, within thirty (30) days after notificationof the amountthereof, file with the Federation objectionto said amount, setting forth generallythe nature of such objectionand the amount sµch non-memberbelieves is the proper amount. .TheFederationupon receipt of such objectionshall notify all other non-membersof such objectionsand a hearing shall be held before the Federationgoverningboard. Said hearing shall take place promptly, but no later than twenty (20) days after the receipt of the objections. The hearing shall be conductedso as to assure all parties of fair hearing. 7 .3 .Appeals from the decision of said Federation.governingbody may be made by the objectingparty to the AmericanArbitration Associationwhich shall select from its members an arbitrator to hear the matter. When an arbitrationaward is final, the amount establishedfor the agency fee shall remain in effect for the contractyear to which it applied. Each party shall bear the costs of its attorneys, and the cost of arbitrator's fees and expenses shall be paid by the Federation. During the pendencyof any hearing or appeal from any hearing with respect to agency fee, the objectingnon-membersshall npt be required to pay the agency fee and it shall not be deducted from !tis or her salary. 7.4 The Board of Education agrees to deduct from any teacher an amountequal to the Federation membershipdues or agency fee by means of payroll deductions. The deduction from each paycheckof membershipdues or agency fee shall be made in seventeen(17) equal installmentscommencingfrom the fourth paycheckand then from the first two (2) paychecks - 14 306549Iv3 in each followingmonth. The amountof Federationmembershipdues or .agencyfee shallbe certified by the Federationto the Board of Educationprior to October 1. 7 .5 Those teachers commencingemploymentafter the start of the school year shall sign and deliver to .the.Board of Educationan authorizationcard as described in Section2 by the date of the first paycheckreceivedor be subjectto the agencyfee. Deductionof either Federation membershipdues or the agencyfee shall commencewith the secondpaycheck;and thus, the amountof membershipdues or agencyfee under this section shall be a prorated amount equal to the percentage of the remainingschool year. 7. 6 The Board of Educationshall use its best efforts to forward to the Federation treasurer, within fourteen (14) calendardays after the paycheckdate, a check for the amountof money deductedduring that month. The Board shall include a list of the teachers for whom such deductionswere made. 7. 7 The singular referenceto the "Federation"herein shall be interpretedas referred to the WindhamFederation of Teachers, ConnecticutState Federationof Teachers, and the American Federationof Teachers. 7 .8 The Federationagrees to indemnifyand hold the Board of Educationharmless against any or ail claims, demands, suits or other forms of liabilityincludingattorneys' fees and the cost of administrativehearings that shall or may arise out of or by reason of, action taken by the Board of Educationfor purpose of complyingwith the provisions of this article. , B. Other Deductions The Iioard of Educationagrees to make payroll deductionsfrom the salariesof · such members of the bargaicing unit who voluntarilyauthorizesuch deductionsin writing for · voluntary contributionsto the political or other committeesof the WindhamFede.rationof · Teachers. · 7.9 Direct deposit of wages will be made to a bank designatedby the teacher, subject to bank membershipin an appropriateparticipatinggroup (e.g. NECH)and to reasonablerules establishedby the Board. The Board reserves the right to require that all employeesreceive pay through direct deposit. ARTICLEVIII FAIR PRACTICES 8. 1 . The Board and the Union agree to continuetheir policy of not discriminating against any employeeon the basis of race, creed, color; nationalorigin, age, sex, marital status, disability; sexual orientation, gender identity or expression,genetic informationor any other basis prohibited by law, or on the basis of membership,or participationin, or association - 15 - with the activitiesof any employees'or political organization,providedthat such activitiestake place outsidethe school day. ARTICLEIX PROFESSIONALSTATUS 9 .1 It is recognizedthat the employeesmay make constructivesuggestionsand contributionstoward the improvementof instructionfor the benefit of the child and other items of mutual concern. Such suggestionsor contributionsmay be made in, but not limitedto, committeemeetingsestablishedby the Board and/or Superintendentunder Section9.3 for the purposeof collaborativediscussionamongteachers, administratorsand/or Board memberson the operationof the WindhamPublic Schools. When such committeesincluderepresentatives of the Federationand/or the WindhamAdministratorsAssociation,the representativesof these organizationsshall be appointedby the respectiveorganization. ,, 9 .2 ' The Superintendentand Union representativesshall meet at least bi-monthly (everytwo months) at mutually agreedupon times to discuss items raised by either party as set forth in the precedingparagraphs of this Article. A. The·Union representativesfor this purpose shall consistof three (3) to five (5) members, at least three (3) of whom shall be regular members. B. The Superintendentmay meet in person or throughhis or her designated representativeand may include at the meetingsuch members of his or her administrativestaff as he or she may desire. C. The Union and the Superintendentwill submit, at least one (1) week in advanceof such meetings, items which they wish to be placed on the agendafor discussion. 9.3 Nothing in the Article shall be deemedto curb the absoluteright of the Superintendentand/or the Board,to appointad hoc committeesmade up of teachers, and/or administrators,and/or the Superintendentand/or Board membersfor the purpose of discussing such administrativematters as the Superintendentand/or the Boardmay desire. It is understood,however, that such committeesas are set up under this sectionshall not engagein negotiations,which by statute is reserved to the Union as the representativeof teachersfor collectivebargaining. 9 .4 The Board and the Union agree that teachers are professionalswho shouldwear appropriateprofessionalattire to work. 9.5 The Board and the Union agree to discuss and, if necessary,negotiateover building-basedgroup performance stipends. - 16 3065491v3 9. 6 The Board shall establisha tuition reimbursementfund, with a balance of $20,000 in the first year, increasingto $30,000 in the second year. Teachersmay apply for · reimbursementif they earn a grade of B or better in an NCATE-accreditedcourse, with such reimbursementlimited to $400 per course, not to exceedtwo courses annually. The available funds will be allocatedpro-rata to applicantsfor reimbursementat the end of the year. ARTICLEX NON-CLASSROOMDUTIES 10.1 The teachers' work day will includeall assignmentsmade by the administration, includingassignmentswhich occur before the opening of school and/or followingthe close of school. The Administrationhas a total of forty-five(45) minutesto distributeas it choosesto before and after the studentday; distributionof the forty-fiveminutesmay vary from schoolto school. These assignmentswill include classroominstruction, study hall duty, cafeteria supervision,assemblysupervision,corridor duty, sessionroom assignments,and such special assignmentsas will be createdby the absenceof teachers or by other circumstances necessitatingprogram changes. 10.2 It is further agreed that the teachers will participatein all relevant activity necessaryto produce good teaching and maintainprofessionalstatus. These activitieswould includepreparation oflessons; developmentof tests, evaluationof pupil work, office reports, committeework (departmental,curriculum; etc.), facultymeetings, conferences, communicationand meetingswith parents and one open-houseper school year for the sole purpose of informalinteractionbetween teachers and parents. Guest lecturers shall not be consideredas part of an open-houseprogram. 10.3 Middle and High School 1. All Middle and High School staff representedby the bargainingunit are required to chaperonea maximumof two (2) extracurricularactivitiesper schoolyear. 2. Assignmentswill be determinedby a lottery at each school. Faculty membersnot attendingthe lottery will have the next two (2) school days to select their activitiesfrom those remaining. The school administrationwill assign any unfilled chaperoningactivitiesto remaining unassignedstaff. 3. Teachers who miss an activity may be rescheduledto another activityas long as they are informedat least one (1) week in advance. 4. administration. Teachers may exchangeactivitieswith written notificationto the 5. Any teacher who volunteersto chaperonemore than two (2}events shall receive a Jetter of commendationto be placed in his/her personnelfile. · - 17 - 6. If an emergencyexists, chaperones shall be selected from a list of volunteers. Such chaperones shall be paid pursuant to Section 9 of this paragraph for an emergency activity covered. 7. Staff with an unpaid activity commitmentinvolvingfifteen (15) or more hours beyond the normal school day, will be required to chaperoneone (1) activity instead of two (2). 8. Activities needing chaperonesunder this section are those that take place after the normal school day, and do not include vacations, holidays, or the Friday before a holiday weekend. The list of chaperoning activitiesincludes, but is not limited to the following: High School Middle School Varsity Football Boys', Girls' Outdoor Night Contests (baseball, softball field hockey, soccer) Wrestling Dances Graduation Student Council Fund-raiser Boys' , Girls' Basketball Dances Boys' , Girls' Basketball Boys' , Girls' Soccer Concerts Wrestling Plays Girls' Softball Track Graduation 9. Assignmentswhen school is not in session shall be compensatedat $40 per teacher per assignment, and volunteers shall be assigned first. .· 10. The Board reserves the right to negotiate over any change in the current practice at the high school or over extension to the middle school of the requirementthat teachers participate in at least one extra- or co-curricular activity one trimester (or semester) yearly. 10.4 Non-classroom duties for elementaryschool teachers (i.e., lunch duty, playground duty, bus duty) shall be distributed equitably among staff in each school and in such a manner that no one teacher will have more than three (3) such assignmentsin any given week, except in cases of unforeseen supervisory problems, which the parties shall cooperatein resolving promptly. 10.S Assignments to non-classroomduties for high school and middle school teachers which fall during the teaching day shall be distributed equitably among staff in each school over the school year. - 18 306549lv3 10.6 Teachers shall not be obligatedto collect money from studentsfor more than one (1} week after the start of any program such as pictures, insurance, etc. At the end of one (1) week, the names of the non-payingstudents shall be turned over to the school office for further collection. 10,7 Teachers shall not be required to drive pupils to activitieswhich take place away from the school buildings. 10.8 As a conditionto appointmentand continued service as a coach, teachers serving in coachingpositions are individuallyresponsible for obtainingand retaining the required CoachingPermit issued by the State Department of Education. As to Schedule(A-4) the formula·for computing extracurricular salaries shall be as follows: NUMBEROF PARTICIPANTS:Reflectsthe averagenumber of A. participantsfor which a coach-advisorwas responsibleduring the previous two (2) years. Criterion number one is determined for assistantsby dividing the total number of participants in half. Head coaches-advisorsassume responsibilityfor all participantswithin their respective activity. During the first two (2) years of a new activity, the coach-advisorwill receive one (1) point. 1 - 15 1 16 - 30 31 - 45 46- 60 61 - 75 75 - plus 2 3 4 5 6 B. POSITION: Reflectsthe degree of ability, experience,training, and educationneeded for supervising and instructingthe activity, the degree of physical and mental exertion necessary for the performance of the job, the degree of accountabilityrelated to the performance of the activity, and the degree of supervisionnecessaryto insure safety. · See Appendix.Schedule A-4for point value. DISPARITYFACTOR: Reflectsthe differencesin the C. followingfactors - bndgeting; handling of funds and equipment: its care and maintenance. See Appendix.Schedule A-4 for point value. D. 0 -40 41 - 80 81 - 120 121 - 160 1 2 3 4 HOURS: Reflect the number of hours related to the activity. 201 - 240 241 - 280 281 - 320 321 - 360 - 19 306549lv3 6 7 8 9 381 - 400 401 - 420 421- 440 441 - 460 11 12 13 14 161 - 200 5 361 - 380 10 461 - over 15 E. EXPERIBNCE:Reflectsthe number of years in this position. Any previous experienceoutside Windhammust be verified, after whichthe person will be credited for past years of experiencein the same position. Teachers shall receive a point for each year of service in the same position for up to twelve (12) years. F. POINTVALOE: Teachers shall be compensatedat the dollar amount per point under tliis formula, as follows:the point value for 2014-15is $208, the point value for 2015-16 is $211. . 10.9 Committeeof Review A. As time passes, it will be necessary to review and revise this schedulein the light of experienceand changingcircumstances. A "Committeeof Review" made up of six (6) members: Three (3) administrators,which shall include a Central Office Administrator,an administratorfrom the High School, and an Administratorfrom the Middle School, and three (3) persons designatedby the Union. This committeewill meet at least once each year (or more frequently as issues arise) to consider changes, to hear from members of the faculty, and to formulaterecommendationsto the Superintendent. The Superintendentshall report any action on such recommendationsto the Board of Education. B. The Committeeof Review will publish its agendaat least five (5) school days before each of its meetings. C. Within ten (10) days after each of its meetings,the minutes of each Committeeof Review Meeting will be sent to the President of the Federation and will be availableupon request to all teachers. D. The Board·and the Union will negotiateover the transition to a regnlar stipend scheduleand over possible deletion of the Committeeof Review. 10.10 Signing an Agreement A. It is expectedthat a teacher, after signing an agreementto accept responsibilityfor a compensatedactivity, will honor the agreementfor the year involved. Specialconsiderationwill be provided in any instance where circumstancesbearing upon the situation warrant. B. A teacher who seeks to be relieved of an activityfor a new contractyear should give as much advancenotice as possible. In any event, such notice must be givenno later than the date established fo{the return of extracurricularsalary contracts. - 20306549lv3 10.11 Mentors. Teacherswho serve as TEAM mentors shall receive an honorarium in the amountpaid to the Boardby the State, but in no event less than $250 per year. ARTICLEXI ·PREPARATIONTIME 11.1 At High Schooland Middle Grade School teachers shall have, in addition to their lunch period, a weeklyratio of preparationtime to normal teachingload of 1 to 5. Preparationtime shall be made availableon at least four days per week to the extent practicable. Preparationtime shall be without other assignment(i.e., a studyhall assignment shall not be considereda preparationperiod). 11.2 ,HighSchooland Middle School teachers normally shall not be assignedto classesrequiring more than three (3) entirely differentpreparations. The normal teachingload in these schools is five (5) teachingperiods per day or the equivalent. Where it is necessaryto assign a teacher to more than three (3) entirely differentpreparationsor six teachingperiods per day, such teacher, wher.epossible, shall be relieved from all non-teachingassignmentssuch as study hall to permit additionalpreparationtime. This section shall.be subjectto renegotiationshould the Board changethe structure of the school day. 11.3 Elementaryschool teachers may be excused from the classroomfor the period during which a special teacher is teaching, in order to use such time as a preparationperiod. Specialteachers for the purposes of this section shall be defined as teachers of art, music, and physical education. Schedulesshall be establishedwhich normallypermit all teachers to use a minimumof 215 minutesper week during the teacher work day as defined in Article 10.1, in addition to their daily lunch periods, for preparationpurposes on a rotatingbasis, including team preparation where appropriate. Planning and placementteam meetingsshall be held at times other than scheduledpreparationtime for elementaryschool teachers, if it is reasonably convenientto do so. The sched.uled215 minutesper week as describedin this paragraphshall includeperiods of time of twenty minutes or more wherever reasonablypracticable. 11.4 The provisionsof this Article shall be subject to negotiationin accordancewith Section 10-153f(e)if the Board proposesto restructurethe studentinstructionalday (e.g., block scheduling),but in no case shall preparationtime be decreased. ARTICLEXII TRANSFERS 12.1 Notifications)lallbe given to all teachers in the Windhamschoolsystem of vacancies or new positions, and our teachers applyingfor such vacanciesor such positionswill be given equal considerationwith all other candidatesfor such vacanciesor such positions. A - 21 - teacher in the system will be allowedto transfer to a vacancyin anotherbuilding if he or she meets all qualificationsfor the position, includingnecessarytraining for the specific.position, and it serves the best interests of the system. All notices of vacanciesand new positions shall be posted on the Board website at the same time as any other public posting, and a copy of such websiteposting shall be sent to the Union President and one designeeat the same time. During vacationperiods, such postings shall be sent to the Union Presidentby fax and by email. Teachersin the system who apply for such vacanciesor new positionsshall be notified in writing if acceptedor not, within fifteen (15) school days after the positionor vacancyis filled. 12.2 When a teacher must be transferredfrom one building to another, the Board will first solicitvolunteersby informingpotentiallyaffected staff membersand the Union of the need for transfer. If a teacher volunteersfor transfer, he or she shall be transferred, if qualified. If it is necessary to transfer a staff member involuntarily,the Superintendentor his or her designeeshall meet with the affectedteacher, and a representativeof the Union, if requested,to explain the circumstancesand conditionsof the transfer. Any such transfer must be reasonable. ARTICLE XIII SPECIAL SCHEDULES 13.1 All teachers who travel to more than one school or building shall be giventhe opportunityto discuss their scheduleswith the person or persons responsiblefor the effective coordinationof their respectiveteachingactivity. Such schedulesshall allow a reasonable amountof time for travel purposes. ARTICLE XIV CLASS SIZE 14.1 A. A teacher who has a special educationstudent, Section504 studentor ELL student scheduledto his or her class shall be so notifiedprior to the student's entry. B. The parties hereto recognizethe desirabilityof achievingoptimum teaching conditionsby assuring workableclass size. It is recognizedthat class size problems may occur not only because of changes in studentpopulationwith regulationto the size of the staff, but also because of limitationsof space, materials, studentcharacteristics,or similar factors. However, it is recognizedby both parties that the ultimate responsibilityin this lies with the Board. 14.2 There shall be a Class Size Review Committeecomposedof two members appointedby the Union and two (2) members appointedby the Superintendent. The function -22- of the Committeeshall be to review class-sizepolicies and problemsand to report its fmdings and recommendationsconcerningimprovementsin class-sizeconditionsin Windham. 14.3 Within five (5) days after discussionof such report with the Superintendent, either the Committeeor the Superintendentmay refer such reports to the Board of Education for considerationat its next regularly scheduledmeeting. 14.4 As long as the administrationrequires attendanceand related responsibilitiesin open study halls, it will provide assistancefor the purpose of attendancein a study that has more than 40 but less than or equal to 80 students. The administrationwill provide assistance for the entire class period if the study exceeds 80 students. ARTICLE XV TEACHING A NON-SCHEDULEDCLASS 15.1 Assignmentsto high and middle school teacherstocover classes to which they· are not normally assignedshall be balancedequitablyamong availablestaff. ARTICLE XVI TEACIIlNG ASSIGNMENTS 16.1 Teachers shall be given their tentative teaching assignments;but not necessarily the actual period by period breakdown,at least one (1) week prior to the close of school in June. In the event of a change in assignmentthereafter, the teacher shall be informedas soon as possible. 16.2 When a principal/headmasterproposes to changea teacher's grade or subject assignment,if reasonablypossible, he/she shall offer the teacher a prior personal conference before announcingthe change. ARTICLE XVII STAFF MEETINGS 17.1 Notice and agenda of faculty meetings shall be posted by noon on the school day before the day of the meeting. 17.2 Mandatory in-serviceeducationwill normallybe scheduledduring the school year, on non-studentcontract days, or on regular school days followinga closing at least two hours earlier than the regular dismissaltime for each particular school. In addition, mandatory meetingsafter the.student school day may be called eaci;Imonth as follows: a faculty meeting, and no more than four (4) more meetingswhich may cover several subjectmatters (e.g., • 23 'lf\.Cl:'A01 •• "I faculty meetings,departmentmeetings,school specific committeemeetings,staff training meetings, but not includingmeetingsfor which additional compensationis paid). More may be called by the Superintendentfor compellingneeds such as emergencies. 17.3 In the case of after-schoolmeetingswhich run 1.5 hours after the end of the teachers' school day, teachers who have personal business to attend to shall be excusedat that time. ARTICLE XVIII · JOB PROTECTION AND VACANCIES 18.1 There will be no layoffs during the term of this Agreementwithoutprior consultationwith the Union. The Union will be given a list of all layoffs, transfers, and recalls resulting from this Article promptly after they occur. 18.2 No tenure teacher (as definedin Section 10-lSl(b) of the ConnecticutGeneral Statutes as amended)shall be laid off when a position exists which is either vacant or occupied by a non-tenureteacher and for which the tenure teacher is certifiedor immediatelycertifiable. 18.3 It is understoodthat a layoff is a terminationof employmentsubject to administrativeand/or judicial review in the manner set forth in the subsectionsof Section10151 of the ConnecticutGeneralStatutes, as amended, and in no other manner. In the case of judicial review under those statutoryprovisions,the parties agree that the provisionsof this Article can and should be submittedto the court. 18.4 The name of any employeewho has been laid off shall be placed upon a reappointmentlist and remain on such list for three (3) years providedthat he/she providesan updated mailing addressor email address bn or before July 1 each year. 18.5 Any teacher on the reappointmentlist shall receive a written offer of reappointmentto such mailing address or email address at least ten (10) days prior to the date of reemployment. The teacher shall accept or reject the appointment,by Jetterbr return email, within ten (10) days. Ifhe or she accepts the appointment,he or she shall receive a written contract by mail or email within ten (10) days of acceptanceof reemployment. Shouldthe teacher reject the offer of reappointmentor not respond withinten (10) days, the teacher shall be removed from the reappointmentlist. 18.6 No new employeeshall be hired to fill a positionfor which an employeeon the reappointmentlist is certified or immediatelycertifiable. In cases where more than one employee on the reappointmentlist is certified or immediatelycertifiablefor a particular position to be filled, employeeswith tenure shall be given preference. -243065491v3 18.7 No employeewho has been laid off shall be entitledto payment or accrual of any compensationor fringe benefits, whether or not he or she remains on the reappointment list. However, an employeewho is reappointedfrom the list shall be entitled to reinstatement of any benefits earned or accrued at the time of the layoff, and further accrual of salary . incrementsand fringe benefits shall pick up where they left off. No years of layoff will be credited as years of service for compensationor retirementpurposes. In the case of non-tenure teachers, service which is interruptedby more than one-half (1/2) year of layoff shall not be consideredcontinuousservice for the purpose of achievingtenure. ARTICLE XIX WORK STOPPAGES 19.1 · During the term of this Agreement,the Union agrees that it will not authorize, instigate, sanctionor condone any strike, concertedrefusal to render services, or interference with the orderly operationof the Windhamschool system in all its aspects. Individual employeeswho engage in such activities shall be subjectto disciplinaryaction up to and includingdischarge. ARTICLE XX DURATION AND SAVING CLAUSE 20.1 This Agreement contains the full and completeagreementbetween the Board and the Union on all bargaining issues, and neither party shall be required during the term hereof to negotiateor bargain upon any issue, whether it is covered or not covered in this Agreement. ,'\ll prior practices, agreements, and understandingsare void and of no force and effect unless specificallyincorporatedherein. The contract may be amendedor modifiedby the mutual agreementof the parties, although it is recognizedthat neither party has any obligationto negotiate such an amendmentor modification,dt1ringthe life of the agreement hereof. In the event the Board considers changesin working conditionsor salariesnot encompassedin this Agreement, the Union shall upon request be given an opportunityfor discussionwith the Board or its representativesprior to any final action on the proposed change. 20.2 The parties agree to negotiate in good faith in an effort to secure a successor agreementin accordance with §10-153(f)of the ConnecticutGeneral Statutesas amendedby PA 92-170, and to commencesuch negotiationsat least 210 days prior to the Board's budget submissiondate. 20.3 The provisions of this Agreement shall be effectiveSeptember 1, 2014, and shall remain in full force and effect until August 31, 2016. - 25 3065491v3 20.4 If any provision of the Agreementis, or shall at any time be, contrary to law, then such provision shall not be applicableor performed or enforced, except to the extent permitted by law, and any substituteaction shall be subject to appropriate consultationwith the Union. In the event that any provision of the Agreement is, or shall at any time be, contrary to law, all other provisions of the Agreementshal,lcontinue in effect. 20.5 The provisions of Section 20.1 notwithstanding,should members of the bargainingunit be assigned to any school or program that is the subject of a turn-aroundplan or other state interventionthat sets forth working conditionsthat conflict with this Agreement, the parties shall negotiate over appropriaterevisions to this Agreementas affect such unit members. IN WITNESSWHEREOF, the parties have caused their duly authorized signaturesthis day of November, 2013. WINDHAMFEDERATIONOF TEACHERS WINDHAMBOARDOF EDUCATION - 26 - WINDHAMPUBLICSCHOOLS APPENDIXSCHEDULEA·l SALARYSCHEDULE2014-15 Step BA BA+l5 41,950 43,197 44,443 42,857 MASTERS! BA+30 MA+lS 6th YR/ MA+ 30 DOC/PHD 1 2 3 44,166 45,475 46,784 48,093 44,412 45,875 45,737 47,264 47,122 48,774 47,340 48,804 50,268 48,790 50,317 51,842 50,426 52,077 53,729 50,864 4 5 6 7 8 9 . 46,936 48, 183 49,429 49,402 50,711 51,731 53,195 53,369 54,896 55,381 57,032 57,844 59,589 61,334 10 51,921 53,324 56,127 57,949 60,334 64,821 11 12 13 14 54,850 56,396 59,967 61,786 64,267 68,583 57,946 61,042 64,138 67,233 59,639 63,995 68,023 72,051 76,077 65,816 68,401 69,846 73,876 77,9fll 72,535 76,669 72,553 76,523 80,493 84,463 15 45,690 62,882 66,125 69,367 80,803 52,608 54,354 56,099 In 2014-15, all teachers shall advanceone step, except as described in the MOU signedby the parties. Degree track movement shall be permitted only for graduate courses in programs that are accreditedby NCATE, or another nationally-recognizedaccreditationorganization. Teachers with twenty (20) or more years of service in Windham shall receive an additionalstipend of $1,000.00, which shall be prorated as appropriate. Any teacher who obtains National Teacher Certificationor National Certificationfrom the NationalAssociationof School Psychologists,the Natio!1lllAssociationof Certified Social Workers, the AmericanSpeech-Language Hearing Association,or Interpreter certificationby the National Registry of Interpreters of the Deaf shall receive an annual stipend of $1,000. A tescher shall advance one step on the salary schedulethe year followinga leave of absenceas long as he/she · has been paid at least fifty percent (50%) of the schoolyesr. **Initial placementof a newly hired teacher on the salary schedule shall be determinedby the Superintendent after consultationwith a teacher and subject to the approval of the Board with the followinglimitations. No teacher will be hired at a step higher than any current bargainingunit member with the same years of experience. A teacher with teaching experiencein a positionin a school system requiring a teacher certificateshall be placed in the appropriatedegree track of the salary schedulein accordancewi.ththe followingscale: Experience: 5 - 7 years No lower than the third step No lower than the fourth step No lower than the fifth step 8 - 9 years 10 or more years -27- APPENDIXSCHEDULEA-1 WINDHAMPUBLICSCHOOLS SALARYSCHEDULE2015-16 BA BA+lS 2 3 41,950 42,857 4 43,197 44,166 45,475 46,784 48,093 Step 1 s 6 7 8 44,443 45,690 46,936 48,183 MASTERS/ BA+30 MA+lS 44,412 45,875 47,340 48,804 50,268 51,731 45,737 47,264 48,790 50,317 51,842 6th YR/ MA+ 30 47,122 48,774 50,426 52,077 DOC/PHD 50,864 52_.608 54,354 56,099 57,844 53,195 53,369 54,896 53,729 55,381 57,032 59,589 61,334 9 10 49,429 49,402 50,711 51,921 53,324 56,1:1.7 57,949 60,334 64,821 11 54,850 56,396 59,967 61,786 64,267 68,583 12 13 14 15 57,946 61,042 64,138 68,107 59,639 63,995 68,023 72,051 77,066 68,401 72,535 76,669 72,553 62,882 66,125 65,816 69,846 73,876 78,920 70,269 81,853 76,523 80,493 85,561 In 2015-16, all teachers not at maximum shall advanceone step oil the salary schedule. Degree track movementshall be permitted only for graduatecourses in programs that are accreditedby NCATE, or another nationally-recognizedaccreditationorgaruzation. Teacherswith twenty (20) or more years of service in Windhamshall receive an additionalstipend of $1,000.00, which shall be prorated as appropriate. Any teacher who obtains NationalTeacher Certificationor National Certificationfrom the NationalAssociationof SchoolPsychologists,the NationalAssociationof CertifiedSocialWorkers, the American Speech-Language Hearing Association,or Interpreter certificationby the NationalRegistry of Interpretersof the Deaf shall receive an ammal stipendof $1,000. A teacher shall advanceone step _onthe salary schedulethe year followinga leave of absenceas long as he/she has been paid at least fifty percent (50%) of the schoolyear. **Initial placement of a newly hired teacher on the salary scheduleshall be determinedby the Superintendent after consultationwith a teacher and subject to the approvalof the Board with the followinglimitations. No teacher will be hired at a step higher than any current bargainingunit member with the same years of experience. A teacher with teaching experiencein a position in a school systemrequiring a teacher certificateshall be placed in the appropriatedegree track of the salary schedulein accordancewith the followingscale: Experience: No lower than the third step No lower than the fourth step No lower than the fifth step 5 -1 years 8 - 9 years 10 or more years - 28 306549lv3 APPENDIXSCHEDULEA-2 (Co-curricularPositions) 2014-15 Position Increase: AthleticDirector AV Coordinator Bank Coordinator ChemicalHygiene Officer ComputerCoordinator · ComputerLiaison (High School) ComputerLiaison (MiddleSchool) ComputerLiaison (Elementary) CurriculumSupportSpecialist Faculty Manager Gifted & TalentedCoordinator Head Teacher InstructionalConsultant Music Coordinator School-to-CareerPrograms Coordinator,5-12 SpecialEducationPreschool Coordinator SpecialPopulationsCoordinator StudentActivities Coordinator Team Leader Program Leader Plus per teacher Driver Educationper hour (Classroom) Driver Education.per hour (Roadwork) 2015-16 1.00% 1.30% $13,498 $13,673 $2,430 $2,462 $3,311 $3,354 $4,612 $4,672 $6,733 $6,821 $3,275 $3,318 $2,620 $2,654 $2,180 $2,208 $6,733 $6,821 $2,216 $2,245 $3,677 $3,725 $3,311 $3,354 $3,311 $3,354 $6,733 $6,821 $7,572 $7,670 $3,677 $3,725 $1,698 $1,720 $6,733 $6,821 $3,311 $3,354 $3,311 $3,354 $184 $186 $39 $40 $40 $41 A-2.1 Effective September 1, 1990; and each subsequentyear thereafter, the stipend shall be increasedby an amount equal to the percent increase in the salary schedulefor that year over the preceding year. -29- APPENDIX SCHEDULE A-3 (Insurance) (1) The insuranceprogram shall be the Century Preferred PPO Plan. The cost of the applicablepremiumsfor this health insuranceprogram shall be borne as follows; The premium share contributionby the participatingemployeeshallbe nineteen percent (19%) effectiveSeptember 1, 2014, and shall increase to twentypercent (20%) effective September1, 2015. Dependentswill be covered up to age twenty-six(26). Employeesmay, in the alternative, elect to participate in a comprehensivedeductible health insuranceplan, which shall be the healthplan described above, modifiedas follows. In lieu of co-paymentsset forth above, participatingemployees shall pay an upfront deductibleof $250/$500/$750,as well as co-insurancepayments often percent (10%) up to a maximumoutof-pocketmaximumfor in-network servicesof $1,000/$2,000/$3,000.In addition, out of network deductiblesfor the comprehensiveplan shall be $250/$500/$750,with co-insurance · payments at thirty percent (30%), up to a out-of-pocketmaximumfor out-of-networkservices of $1,000/$2,000/$3,000. Premium contributionsfor employeesparticipatingin the comprehensiveplan shall be fourteen percent (14%) effective September1, 2014, and shall increase to fifteenpercent (15%) effectiveSeptember 1, 2015. (2) In addition to the health insurance_optionsoutlinedabove, the Board shall provide the followingbenefitsto each employeei (a) (b) (c) $35,000 AccidentalDeath and DismembermentInsurance $50,000 Group Life Insurance The Guardian Group Dental Insurance Plan or such other plan as the parties may agree The Board pays the cost of the individual accidentaldeath and dismembermentinsurance coverage and group life insurance coverageunder (a) and (b) above, and family coverageis not available. The Board pays the cost of individualdental coverageunder (c) above, and if electedby the employee, the costs of dependentdental coverageshall be paid seventy-five(75%) percent by · the Board and twenty-five (25%) percent by the employee through payroll deductions. PrescriptionForrnulary Plan with co-paymentsas follows: Generic Preferred brand Non-preferred brand Mail order $5.00. $15.00 $25.00 2X for a 100 day supply - 30 - 306549lv3 (3) The Board agrees to make payroll deductions for retirement and insurance benefits in approximatelyequal installmentsover ten (10) months, except in situationsbeyond its control, such as increases in premium costs during the school year. (4) Change in Carrier Provision The Board may change these carriers of insurance provided: 1. The plan suggestedby the Board as an alternate must be substantiallyequal as a whole to the present plan at no additionalc0st to the employee. 2. The Federation shall have the opportunityto study the proposed plan for a period of thirty (30) days. 3. If at the end of the aforementionedthirty (30) days, there is disagreementbetween the parties on the issue of whether or not the plan is substantiallyequal as a whole, then the issue will be submitted to a mutually selected arbitrator. If the parties cannot mutually select an arbitrator, then the matter will be submittedfor arbitration to the American Arbitratio,nAssociationaccording to its rules and regulations. The costs ofthe arbitrator shall be borne equally by both parties. The above noted carriers shall not be changed prior to the decision of the arbitrator. (5) Board contributionsfor insurancepremiums as set forth above shall be prorated when employees are assigned to part-time positions, unless the employee is involuntarily reduced to such status. Part-time employees on whose'behalfthe Board is contributingfor the cost of premiums without proration prior to the 1994-95 school year shall continueto receive benefits without such proration. (6) Per diem substitutesshall not be eligible for insurancebenefits. Long-term substitutes(certified employeesin an assignmentin excess of forty (40) consecutivedays) shall be eligible to participatein the insurance program at their own expense. The Board shall provide benefits to long-term substituteson an annual appointment(over 150 consecutivedays in an assignment, as projected in advance) on the same basis as other certified staff. (7) The Board shall make available an Internal Revenue Code Section 125 deduction for pre-tax insurance premiums, a medical flexible spending account, and a dependentcare flexible spending account. (8) When teachers submit their resignationof employmentfor the followingyear prior to August 1, such resignation shall be deemed effective August 1, and such teacher shall remain eligible for group health insurance coveragethrough the month of August on the same - 31 306549lv3 --------------------------------- basis as active employees. If the employeeis laid off, non,-renewedor terminatedfor cause, the insurance coveragewill end the last day of the month that the employeeis employed. (9) The WindhamBoard of Educationand the WindhamFederationof Teachers mutuallyagree that when two teachers are married and are both eligiblefor insurancebenefits withoutproration, and.suchteachers elect to have one spouse.carriedon the insuranceplan as a dependent,the teacher who carries the plan shall be excusedfrom the contributionsfor premium costs (both individualand dependent)otherwise requiredunder AppendixA-3. Any couple currently enjoyingthis benefit as of September1, 2000 shall be grandfathered. - 323065491v3 --··-------- APPENDIX SCHEDULE A-4 (10.8) (Extra-curricular Positions) Point values for Article 10.8B, Position, and 10.SC, Disparity Factors are listed below. KEYS SCHOOL: HS = High School; MS = Middle School SEX: B = Boys'; G = Girls' SEASON: F = Fall; W = Winter; S = Spring ACTIVITY SCHOOL SEX 2 Band, Dance 3 Band, Marching 4 Band, Pep HS MS HS MS HS HS HS MS MS HS HS HS HS HS MS MS HS MS HS HS HS HS HS HS HS HS HS HS HS HS HS HS HS HS HS HS HS HS HS HS HS B&G B&G B&G B B B B B G B B G G B B G B&G B&G B&G B&G B&G B&G B&G B&G B&G B&G ll&G B&G B&G B&G G G B B B B B B&G G G B&G 5 Baseball, Head 6 Baseball, Head 7 Baseball, Assistant 8 Baseball, Freshman 9 Basketball, Head 10 Basketball, Head 11 Basketball, Head 12 .BasketballAssistant 13 Basketball, Head 14 Basketball, Assistant 15 Basketball, Freshman 16 Basketball, Intramural 17 Basketball, Intramural 87 Chamber Choir Advisor 18 Cheerleaders, Head 19 Cheerleaders, Head 20 Cheerleaders, Assistant 21 Class Advisor, Senior 22 Class Advisor, Junior 23 Class Advisor, Sophomore 24 Class Advisor, Freshmen 25 Communications 26 Croakings (The Whippet) 27 Cross Country, Head 28 Cross Country, Assistant 29 Crystal (Yearbook) 30 Dolphins 31 Field Hockey, Head 32 Field Hockey, Assistant 33 Football, Freshman Head 34 Football, Freshman Assistant 35 Football, Varsiiy Head 36 Football, Varsity Asst. or JV 37 Football, Varsity Asst. or JV 38 Golf 39 Gymnastics, Head 40 Gymnastics, Assistant 41 Hero Food Services - 33 J06549!v3 SEASON s s s s w w w w w w w w w POSITION 3 4 4 2 5 3 2 2 2 F F F F F F F 2 2 2 2 2 1 1# 2 5 3 5 2 2 1 2 2 1# 2 1 2 0 0 2 3 4 4 4 4 2 1 1 4 F F DISPARITY FACTOR 4 5 3 1 1 1 1 1 1 1 1 1 1# 1# 4 1 3 4 2 5 3. 2 1· 5 2* 1 2 3 3 2 2 1 5 5 3 4 2 3 3 2 2 APPENDIXSCHEDULEA-4 (10.8) (Extra-curricular Positions) ACTIVITY 43 Math Team 44 Music Production · 45 Music Theater 46 Music Theater, Assistant 86 National Honor Society Advisor 48 Soccer, Head 49 Soccer, Head 50 Soc"er, Head 51 Soccer, Assistant 52 Soccer, Head 53 Soccer, Assistant 53A Soccer, Assistant 53B Soccer, Assistant 54 Soccer, Freshman 55 Softball, Head 56 Softball, Head 57 Softball, Assistant 58 Student Council 59 Studeot Senate 85 Studeot Philosopher 60 Swimming, Head 61 Swimming/Diving,Assistant 62 Swimming, Head 63 Swimming/Diving, Assistant 64 Tennis 65 Tennis 66 Track, Spring Head 67 Track, Spring Assistant 68 Track, Spring Head 69 Track, Spring Assistant 70 Track, Spring Head 71 Track, Spring Assistant 72 Track, Winter Head 73 Track, Winter Assistant 74 TV Production 75 Volleyball, Head 76 Volleyball, Assistant 77 Water Ballet 78 Windham Players 79 Windham Players, Tech Advisor 80 Wrestling, Head 81 Wrestling, Assistant 82 Wrestling, Head 83 Wrestling, Assistant 84 Yearbook Advisor SCHOOL HS HS . MS MS HS MS MS HS HS HS HS MS MS HS MS HS HS HS MS HS HS HS HS HS HS HS MS MS HS HS HS HS HS HS HS HS HS MS HS HS MS MS HS HS MS # Value grandfathered at 2 for 92/93 incumbent. * Value grandfathered at 3 for 92/93 incumbeot - 34306549lv3 SEX B&G B&G B&G B&G B&G B G B· B G G B G B G G G B&G B&G B&G B B G G B G B&G B&G B B G G B&G B&G B&G G G B&G B&G B&G B B B B B&G SEASON F. F F F F F F F F s s s w w F w s s s s s s s s w w F F w w w w w POSITION 4 4 4 2 4 2 2 5 3 5 3 I I 2 2 5 3 4 4 4 5 3 5 3 5 5 2 1 5 3 5 3 5 3 4 5 2 4 4 4 2 1 5 3 4 DISPARITY FACTOR 0 3 2 2 2 2 2 2 1 2 I I I 1# 2 2 I 2 2 2 2 I 2 I I 1 3 2 3 2 3 2 2 I 3 2 1 2 3 3 2 1 2 1 3 APPENDIXA-5 Memorandum of Understanding The following additional agreement between the Windham Board of Education and the Windham Federation of Teachers shall be implemented: All side letters shall be eliminated except that, should the Board or the Federation desire to maintain a side letter, the party desiring to maintain the side letter shall have the affirmative obligation to bring such side letter forward by March 1, 2014, at which time, the parties shall negotiate about whether such side letter should be maintained. Any side letter not brought forward for negotiation by March 1, 2014 shall be null and void as of July 1, 2014. Windham Board of Education Windham Federation of Teachers Date Date - 35 3065491v3 APPENDIXA-6 HEALTHINSURANCEGRID BOEPPOPLAN EFFECTIVE911/2014 MEDICALPLAN GRID TVlleof Plan Referrals Reauiied Deo/FTS Eligibilitv PPO No 26 .Deductible Coinsurance OOPMaximum Lifetime Maximuni Preventive Care Office visit cooay Specialist visit c=av OBIGYN Matemitv Care Lab&X-Rav Inpatient conav Ou-*""t Sur~•"' Urgent Care conav Emergencv Room conav Ambulance Infertility Services ' Deductible Coinsurance OOPMaximum Lifeiline.Maximum NIA . NIA NIA Unlimited $0 $15 $15 . $15 $15 $0 $100 $100 $50 $75 $0 Covered bv State Mandate $2501$5001$500 20% $1,5001$3 0001$3,000 $1 million Prescri..._+; .....Druas Generic Listed Brand Non Listed Brand Pharmacir Day Limit Pharmacv Maximuni Elected Brand Dispense as Written Non-par Claims Mail Order MOD Dav Limit MOD Maximum $5 $15 $15 34 davs - 100 unit dose $2.000 Cooav+ diff Copay+diff 20% 2x 100 da,~ $2000 • 36 · 306549lv3