PROFESSIONAL AGREEMENT
2005-2008
Between the
WINDHAM EDUCATION ASSOCIATION
and the
WINDHAM SCHOOL BOARD
AGREEMENT made May 4, 2005 by and between the School Board of the Windham School District, Windham, New Hampshire, (hereinafter called the "Board") and the Windham Education Association (hereinafter called the "Association").
The Board recognizes the Association as the exclusive representative of all certificated staff, including certified nurses who spend more than 50% of their duty hours in classroom teaching and extra-curricular personnel who are members of the bargaining unit employed by the Windham School District for the purposes of collective negotiations. The Board agrees to negotiate with representatives of the Association in accordance with the procedures outlined in Article II.
The Association agrees to represent equally all teachers covered by this Agreement without regard to membership in the Association.
During the term of this Agreement, and subject to the provisions of the RSA 273-A: 10, the Board agrees not to negotiate with any teacher's group or association other than the designated unit in regard to any matter subject to negotiation under Article II of this Agreement. Provided, however, that this shall not prevent the Board from communicating or consulting with any individual teacher or groups of teachers for any purpose the Board shall deem desirable in the discharge of its responsibilities, nor shall it preclude any teacher from appearing before the Board on his own behalf on matters relating to his employment by the Board.
The term "teacher" as used in this Agreement shall mean a professional employee of the Windham School District whose position requires certification by the State Board of Education as a professional. Superintendent, Assistant Superintendent, principals, assistant principals are excluded from the negotiations unit and from this definition of teacher.
A. The parties will conduct negotiations in conformance with RSA 273-A as amended or may be amended.
B. The parties shall share equally all fees and costs of mediation and fact finding as required by this ARTICLE.
ARTICLE III - PROFESSIONAL COMPENSATION
A. The salaries of teachers covered by this Agreement are set forth in the salary schedule, which is attached to and is incorporated in the Agreement as Appendix A. Such salary schedule shall remain in effect during the term of the Agreement.
B. Placement on the salary schedule, at the time of hire shall be in accordance with the recommendation of the Superintendent with the final determination at the discretion of the Board. However, no placement shall exceed the total number of years experience or degree and credits earned. An exception may be made in the case of a person being hired to fill a position in an area designated by the NH Department of Education as a critical shortage area. The superintendent, with the approval of the school board, may place the person not more than one step higher on the appropriate salary track. Thereafter, teachers who have completed at least ninety (90) days of service, during the school year, shall be advanced one step on the appropriate salary schedule the following year,
C. 1.The salary schedule is based upon a school year not exceeding 186 work days. Teachers may accept additional compensation as determined by the Board for teaching assignments in excess of the school year.
2.Sixth Grade teachers who participate in the Camp Bournedale Outdoor Education program shall be paid a stipend of $500 per teacher per week. Eighth grade teachers who participate in the class trip to Washington, D.C. shall be paid a stipend of $500 per teacher per week. If the administration permits a teacher from another grade level to participate as a teacher, that teacher also will receive a $500 stipend.
D. Teachers will have an option of having 21 or 26 equal pay periods within the fiscal year. Teachers must designate their option on the contract for the succeeding school year. Once the designation has been made, it is irrevocable.
E. LONGEVITY - A teacher upon having completed ten (10) continuous years of service as a member of the bargaining unit in the Windham School District, (except for personnel on Board approved leaves), and upon reaching the maximum step for one year, shall be paid an annual longevity stipend according to the following formula:
1. Beginning with the 11th year of service to the District and ending with the completion of the 15th year of service to the district, a teacher will be paid $1,500 per year.
2. Beginning with the 16th year of service to the district and ending with the 20th year of service to the district, a teacher will be paid $2,000 per year.
3. Beginning with the 21st year of service to the district and the years of service thereafter, a teach will be paid $2,500 per year.
F. SEVERANCE - A teacher who is eligible for retirement in the New Hampshire Teacher Retirement System and retires from the Windham School District after fifteen (15) years of continuous service (except leaves of absence as approved by the School Board) shall receive reimbursement for all unused sick leave at the current daily substitute teacher rate of pay. After twenty (20) years of service to the district, a teacher shall receive reimbursement for all unused sick leave at 50% of the per diem base salary. After twenty five (25) years, a teacher shall receive reimbursement for all unused sick leave at 50% of the teacher's per diem base salary.
The Board and the Association agree to give their respective representatives authority to develop an appropriate document(s) to guide a teacher, who gives notice of her/his intent to retire, through the process of severing service with the District and commencing, in a timely fashion, application for retirement benefits.
Further, the developed and employed documents shall be reviewed annually by the parties' representatives for the purpose of making any necessary revisions. A meeting for this purpose shall take place prior to February 1 of each year.
G. Twenty (20) tax shelter annuity (TSA) companies shall be available for a teacher to participate in through payroll deduction. A teacher may change her/his choice of company, or companies, twice during the year.
Representatives of the parties shall meet and determine matters such as enrollment periods, periods for change in choice, frequency and method in the transmittal of funds from the district to the TSA accounts, enrollment periods and cessation procedures.
ARTICLE IV - EXTRA-CURRICULAR PAY SCHEDULE
When the Windham School Board finds it necessary to recognize and institute extra-curricular positions, personnel assigned to said positions will be paid in accordance with the annual rate in Appendix B.
A. MEDICAL
1. The Board shall offer employees whose current term of employment began on or before July 1, 2005, Blue Cross/Blue Shield Plan JY with managed care, Comp 100, Blue Choice or an HMO. The Board shall offer employees whose current term of employment began after July 1, 2005, Blue Cross/Blue Shield Comp 100, Blue Choice, or an HMO. The Board shall pay an amount equal to 90% of the Comp 100 premium in 2005-2006 and 2006-2007, and an amount equal to 85% of the Comp 100 premium in 2007-2008, toward whichever offered plan is selected by the employee.
2. Should a teacher elect not to subscribe to the medical insurance plan for a full school year, the teacher shall be paid the sum of $2,500. Payment will be made on or about June 1st of the year in which the teacher elects not to subscribe.
3. The district, at no cost to the teacher, shall provide a "Flexible Spending Arrangement" pursuant to the Internal Revenue Service (IRS) tax code, Section 125, for the purpose of setting aside funds as provided in sub-section 1 of this section.
B. LIFE - The Board agrees to pay full coverage for a Life and Accident Policy for each teacher equal to the nearest $1,000 of the teachers' annual salary with a company of the Board's discretion.
C. LONG-TERM DISABILITY INSURANCE - After an employee has been totally disabled for a continuous period of ninety (90) days or the expiration of accumulated sick leave, whichever comes later, the plan pays a monthly benefit of two-thirds (2/3) of basic monthly earnings to a maximum benefits of $2,500 per month. The benefit duration shall be as set forth in the current LTD insurance policy.
D. DENTAL - The Board agrees to pay 100% of a single premium; 85% of a 2 person, or family premium for Delta Dental; or by mutual consent between both parties, another plan of equal coverage. Orthodontia rider for adults.
PLAN XII
The plan as stated by Delta Dental is as follows:
100% Coverage A (examinations, x-rays, cleanings)
80% Coverage B (fillings, oral surgery, root canal, emergency treatment, some denture repair, gum disease treatment)
50% Coverage C (bridges, dentures, crowns, onlays)
50% Coverage D (orthodontia) Non Deductible
$1,000 contract year per person
A. Each full-time teacher shall be credited with fifteen (15) days of sick leave· from each school year for absences caused by personal illness or physical disability of the teacher, provided there has been one (1) day of service in the Windham School District. Disabilities related to maternity- will be considered within the jurisdiction of this ARTICLE. Sick leave will accumulate to ninety (90) days. Teachers who have accumulated more than ninety (90) days of sick leave as of June 30, 1984 will be credited their accumulated number of days. Teachers who have accumulated 90 days will be able to utilize up to 15 days for illness without loss of any portion of their accrued 90 days.
B. To be eligible for sick leave benefits, a teacher after an appropriate warning, may be required to furnish satisfactory medical proof of illness or disability.
C. Teachers may use up to fifteen (15) days of their credited sick leave each year for illness or physical disability of their children or any family member living in their household.
D. SICK LEAVE BANK - A sick leave bank will be established from the annually credited sick leave days. Each employee covered by this agreement agrees to donate one (1) day from the fifteen annually credited each year until a total of one hundred fifty (150) days has been reached. If at any time thereafter the bank reaches a level of fifty (50) days then every teacher shall donate a sick leave day to the bank.
The Association shall appoint a committee to be known as the Sick Bank Administrative Committee, which shall decide all questions regarding the use of the bank by members. A member may apply for use of the bank when his/her accumulated sick leave has been exhausted. In order to qualify for the sick bank, an applicant must have completed a minimum of one year of service to the district as a member of the bargaining unit and must not be entitled to long term disability payment. An applicant must provide the following information to the Administrative Committee.
1. A statement requesting authorization to draw from the sick bank, including the date that this action would commence.
2. A doctor's statement indicating the nature of the illness and the reason(s) for the inability to work.
3. A doctor's statement indicating the current status of the illness at each 30 day interval.
The Administrative Committee shall determine which applicants are qualified to use the bank and the number of days that the applicant may use, and shall so advise the School Board, or its designee. The Administrative Committee's advice to the Board shall include copies of the materials called for in (1), (2), and (3) above. Approved applicants will be compensated at their regular rate of pay not to exceed fifty (50) school days per applicant per illness and only to the extent that there are days available in the bank.
As between the applicant and the Administrative Committee, decisions of the committee shall be final and not grievable. The only obligation of the Board hereunder shall be to account for the number of days in the Bank and to make the payments provided for herein.
E. Each teacher shall receive one additional day's pay at the end of each one-half (1/2) year period during which s/he does not use any sick leave or personal leave and one (1) additional day's pay for not using any sick leave or personal leave during a full school year; the intent to be a total of three (3) days additional pay for not using sick and personal leave for the full year. This provision is not affected by the teachers' contribution to the sick bank. The payment will be made within four (4) weeks after the end of the one-half (1/2) year period.
ARTICLE VII - TEMPORARY LEAVES OF ABSENCE
A. PERSONAL - Upon notice to the building administrator teachers shall be granted up to three (3) days of non-accumulated personal leave of absence for unusual and compelling personal or legal business which require the absence of the teacher and cannot be conducted other than during school hours. Personal leave taken the day before or the day after a holiday or school vacation period requires a reason to be stated on the form. Leaves the day before or day after a holiday or school vacation period may be requested as leave without pay. Forms containing certification that the use of the day meets the requirements for personal leave must be completed 24 hours prior to the anticipated absence. Personal leave shall be approved after the fact in emergency situations provided the leave form is submitted immediately upon return to school.
B. PROFESSIONAL DAYS - Professional leave shall be granted to attend workshops, conferences, seminars, and visitations to other schools of up to three (3) days per teacher per year, but no more than a maximum of four (4) teachers being absent from the district on any one school day. These activities must be directly related to the teacher's present responsibilities and must have the prior approval of the building principal and the Superintendent. A response shall be forthcoming within five (5) days after the request is submitted to the principal.
C. BEREAVEMENT - Teachers shall be granted, upon request, up to five (5) days of leave during a school year without loss of salary for each death in the immediate family or member of the teacher's household. The term "immediate family" shall mean: husband, wife, son, daughter, brother, sister, father, mother, grandparent, grandchild, mother-in-law, father-in-law, sister-in-law, brother-in-law, daughter-in-law, and son-in-law. A teacher shall be entitled to use two (2) separate days per year of bereavement leave for one other person who is not a member of the teacher's immediate family or household or two (2) separate days per year for two people not members of the teacher's household or immediate family.
D. UNPAID LEAVES OF ABSENCE
1. MILITARY LEAVES of absence without pay or benefits shall be granted for any teacher who is drafted or enlists in any branch of the armed services of the United States for the period of induction or initial enlistment.
2. CHILD - REARING LEAVE OF ABSENCE
a. A child-rearing leave without pay or other benefits of up to one year may be granted to teachers with at least one year's service with the district for the purpose of caring for a newborn child or adopted child five years of age or younger.
b. Any application for such leave must be made in writing to the Superintendent at least four (4) months in advance (except in extenuating circumstances in the case of an adoption) include the requested date of commencement and termination of the leave.
c. The leave shall commence and terminate on the date(s) requested by the teacher as approved by the Superintendent, provided however, that no such leave shall be approved to terminate later than the last day of a marking period.
d. A teacher returning from a child-rearing leave will be assigned to a position within the teacher's level of competence and certification.
e. A teacher on such leave for a full school year must notify the Superintendent, in writing, prior to March 1 of that year of his/her intention to return to work upon the termination of the leave.
3. The Board will consider requests for leaves of absence, without pay or benefits, from those who have completed at least one year of service in the Windham School District. Requests will be considered for such reasons as health, family illness, study, or other personal circumstances at the discretion of the Board. All leaves which are granted shall be in writing specifying beginning and termination dates of the leave.
4. Extensions, renewals, or modifications of leaves may be granted upon the teacher's written request to the Superintendent of Schools and the Superintendent's recommendation to the Board and subsequent Board approval. Said leave, if granted, shall be in writing.
5. All benefits to which a teacher was entitled at the time of the leave commencing and which are in effect, including unused accumulated sick leave shall be restored upon return to employment to the district. A teacher returning from an unpaid leave of absence will be assigned a position within the scope of certification as determined by the Superintendent. Failure to return from the unpaid leave at the expiration date will be considered a resignation.
6. A teacher on an unpaid leave of absence must notify the Superintendent of Schools no later than March 1 of their intent to return to the employment of the school district for the succeeding school year.
E. SABBATICAL - A teacher who has completed seven consecutive years of service with the Windham School District may be granted a sabbatical leave for the purpose of approved full-time graduate study in an accredited college or university. The term of the sabbatical leave shall be either for one year, coinciding with the school year (July 1 to June 30), or teachers may elect to take a half year sabbatical leave at full pay and benefits. One (1) teacher may be eligible to participate in the sabbatical leave program in any school year. A written request for sabbatical leave must be received by the superintendent of schools no later than December 1 for leave commencing the succeeding school year. Teachers shall submit, by January 1, a detailed summary of the plan of study to be undertaken. The superintendent will make recommendations to the Board by February 1, and the teacher selected must accept or reject the sabbatical leave by March 15 of the school year preceding the school year for which the leave is requested.
The teacher on full-year sabbatical leave shall be compensated one-half the salary that would have been received during the term of the sabbatical leave. The continuation of fringe benefits during the sabbatical leave is contingent upon the conditions of the contract in accordance with one-half of the total benefits provided teachers.
Upon return from sabbatical leave, a teacher will be placed on the step of the salary schedule following the one on which the teacher last taught. Upon returning to the school district, the teacher will be assigned a position that best serves the school district as determined by the Superintendent and the Board, provided the teacher will not be assigned to a position for which the teacher is not certified.
As a condition of the sabbatical leave and in consideration of the payments made by the Board to the teacher during the leave, the teacher must file an agreement with the Superintendent which states that the teacher will return to the Windham School District for at least two (2) full school years at the conclusion of the sabbatical leave. Failure to meet this stipulation will require the teacher to reimburse the district the full amount received as salary and fringe benefits, including any course and text reimbursement, during the sabbatical leave.
ARTICLE VIII - PROFESSIONAL IMPROVEMENT
A. COURSE REIMBURSEMENT - Full reimbursement will be made for up to nine (9) credits per contract period. To be eligible, a teacher must be enrolled in an advanced degree program. Reimbursement for four (4) credits per contract period will be made to any teacher who is not in a degree program. Cost reimbursement shall not exceed the University of New Hampshire's rate. The cost of the texts for the course are eligible for reimbursement. In the event a teacher chooses this option, the books shall be the property of the school district. They may be housed on the professional shelf of the library and signed out to the teacher. Courses taken during the summer session may be applied to the previous year provided course approval has been granted by June 30 of the current school year. Fifty percent of the cost of texts associated with graduate course work are eligible for reimbursement. In the event a teacher chooses this option the texts become the property of the school district and will provide a professional collection in each building.
Any conference, workshop, or seminar which costs for registration, tuition, and/or materials is in excess of $175, regardless of course credit assignment, will be considered for reimbursement under this section of the contract.
B. SALARY SCHEDULE ADVANCEMENT - College and/or university credits may be applied to both Professional Development clock hours and toward advancement on the salary schedule. Salary track changes will be made twice yearly (August and January). Teachers will notify the Superintendent of the pending change one year in advance. (By September 1 and February 1 of the preceding year).
Teachers who earn a master's degree shall carry with them all credits from their salary schedule bachelor lane status that are not applied to the master's degree. The non-applied credits shall be used for the purpose of salary schedule placement in the lanes that follow the master's lane in the same manner they were applied in the bachelor's lane.
C.TGIF COMMITTEE - The committee shall be composed of a school board member and an administrator selected by the District, four teachers selected by the Association, and a community member annually selected by the Committee's District and Association representative members. (A total composition of 7 members). The Committee Chairperson shall be responsible for informing the Superintendent's Office that their committee may meet the requirements of reimbursement. Committee members will be reimbursed for the meetings that they attend. The schedule and methods for reimbursement will be the same for all committees.
D.TEACHER GRANTS AND INCENTIVES FUND - An incentive program for both motivating and rewarding employees, and designing opportunities for work, achievement, and professional growth that will enrich the work experience while making important contributions to the district's programs will be instituted. It will be the intent of the Teacher Grant and Incentive Fund to compensate teachers for performing services and assuming responsibilities that support school district and building goals and that are beyond the usual high expectation for Windham classrooms.
The Fund will have four component areas:
1. Committee Service Program
2. School Improvement and Community Partnerships Program
3. Teacher Improvement Program
4. Teacher Initiatives Program
For the duration of this contract the program will be funded in the amount of $105,000 and will be distributed as follows:
1. Committee Service $11,000
2. School Improvement/ $33,000*
Community Partnerships
3. Teacher Improvement $30,000
4. Teacher Initiatives $30,000
*(Apportioned by building according to the number of teachers in that building.)
The remaining funds, $11,000, will be used specifically to bring in high quality, nationally recognized summer training programs for the Teacher Improvement Program.
A Teacher Grants and Incentives Program Committee is an integral part of this model. It should represent the stakeholders of the Windham educational community (board, community, administrators, and teachers) with a majority representation comprised of teachers.
Committee Service - Active participants on committees are eligible to receive additional compensation for their time and efforts. Such committees must serve the interest of all three schools and include representation from all three schools. Curriculum committees may meet these criteria, including those that primarily serve the needs of one building, such as Health Education. In order to be eligible, a committee must meet a minimum of ten (10) hours of formal meeting time between September 1 and June 30. Current Windham Committees that might be eligible include Professional Development, PERC, Communications, local planning groups, or curriculum committees. The rate of compensation shall be at thirty dollars ($30.00) per hour of meeting time. Eligible committees will be determined by the Superintendent of Schools based on meeting eligibility criteria, availability of funding, and committee recommendation.
School Improvement and Community Partnership Program - The School Improvement and Community Partnership Program is designed to recognize individual and group efforts that result in improving student performance or in promoting strong school-community partnerships. Projects or initiatives intended to accomplish these purposes, including service on building level committees, will be approved by the building principal. Any proposal must include a complete description of the initiative, the results intended, and the methods of evaluating success. Available monies will be distributed using the standard TGIF formula for stipend and material costs. Complete payment is available for those projects that meet or exceed all of the objectives contained in the stated evaluation. Partial payment (up to 50%) will be made to those programs that have shown considerable progress but have not met all of the objectives. The remainder will be held in escrow for one semester or until the goals are realized, whichever is sooner.
Teacher Improvement Program – Skills application monies are made available to teachers who acquire skills that have been identified by the Professional Development Committee as supporting the goals and priorities of the school and/or the district's education improvement plan. Assessments will be developed by the principal and will define the required standards for demonstrating these skills. Additional skill development monies will be awarded to teachers who train colleagues to apply the same skills in their classrooms. Payment will be two hundred dollars ($200.00) for acquiring and using and two hundred dollars ($200.00) for sharing with colleagues. Ten thousand dollars ($10,000) is available for skills application for each year of this contract.
A week long summer workshop will be made available to teachers who will be compensated at a rate of thirty ($30) per hour for participation on all days of the program. These workshops will focus on improving teacher effectiveness, learning new successful teaching practices, and applying research to improving teaching and learning. They will be from three to five days in duration. The Windham representatives to Professional Development and the Superintendent will act as the planning committee that will identify, arrange, and oversee the summer workshop.
Teacher Initiatives Program - Recognizing that teachers cherish creativity, freedom, and independence, the goal of the initiatives component is to provide grants to teachers that will enable them to put innovative ideas that extend and enrich the curriculum into practice, improve instruction, improve student performance, improve the professional working environment, or improve methods and materials. A wide variety of projects, such as independent studies, mentoring/coaching colleagues, interdisciplinary units, research resulting in improved services to students, programs leading to improved student learning, unique units that extend beyond curricular expectations, are but a few examples. Individuals or teams could apply for grants that would access funds for stipends, supplies, and reasonable costs necessary to realize the intended outcome or product. Teachers will be compensated at an hourly rate of thirty dollars ($30.00) for time spent planning and implementing their project up to a maximum of two thousand ($2,000) for a single project per individual.
Application materials and procedures and grant awards will be the responsibility of the TGIF Committee with approval of the Superintendent.
ARTICLE IX - CONFERENCE REIMBURSEMENT
Full time teachers shall be reimbursed for costs and mileage at the current IRS rate per mile, incurred while attending conferences and workshops that are curriculum oriented. Such conferences and workshops must be approved in advance by the Superintendent's office. Any conference or workshop whose cost for registration, tuition, and materials is in excess of $175 for one day workshops or $200 for multi-day workshops shall be eligible for reimbursement under the provisions of Article VIll (a).
ARTICLE X - WORKING CONDITIONS
A. DUTY FREE LUNCH - The Board will make every effort to provide a duty free lunch for each teacher of no less than twenty (20) minutes daily except in the case of an emergency.
B. PREPARATION TIME - A teacher's individual and/or team preparation time in 2005-2008 shall be at the same levels and occur with the same frequency as provided in the 1994-95 year. Teachers in an interdisciplinary team setting shall be provided with one planning period per day of not less than 45 minutes, of which one day will be for uninterrupted personal planning time.
Teachers in departmentalized situations who are assigned to teach a 6th instructional period in a seven period schedule, or a seventh period in an eight period schedule, shall be paid 1/7th or 1/8th, respectively, of their per diem rate.
C. RESPONSIBILITIES - Teachers shall not be required to perform personal hygiene or medical procedures for any student.
D. FAIR TREATMENT
1. COMPLAINTS - Any complaint regarding a teacher made to any member of the administration by a parent, student, or other person which may be used in any manner evaluating a teacher shall be promptly investigated. Every effort shall be made to enable the teacher to respond and meet with the person making the complaint. The teacher shall acknowledge that he/she had the opportunity to review such complaint by affixing his/her signature to the copy to be filed with the express understanding that such signature in no way indicates agreement with the contents thereof. The teacher shall also have the right to submit a written answer to such material and his/her answer shall be reviewed by the Superintendent or his designee and attached to all copies.
2. REVIEW OF PERSONNEL FILES
a. A teacher shall have the right, upon request, to review the contents of his personal file and to receive copies at district expense of any documents contained therein. A teacher shall be entitled to have a representative of the Association accompany him/her during such review.
b.No material derogatory to a teacher's conduct, service, character, or personality shall be placed in his/her file unless the teacher has had an opportunity to review the material. The teacher shall acknowledge that he/she has had the opportunity to review the material by affixing his/her signature to the copy to be filed with the express understanding that such signature in no way indicates agreement with the contents thereof. The teacher shall also have the right to submit a written answer to such material and his/her answer shall be reviewed by the Superintendent or his designee and attached to all copies. The Association shall be notified if a teacher refuses to sign derogatory or evaluation material that is being placed in his/her file prior to such placement in the file.
3. CAUSE OF ACTION
A teacher shall not be disciplined, reprimanded in writing, suspended, demoted, dismissed, non renominated, non reelected without just cause.
Teachers who meet the standards pursuant to RSA: 189:14 (a), I (b), and II shall elect use of the grievance procedure or statute methods to seek a remedy to actions of suspension, dismissal, failure to renominate, and failure to reelect.
Discrimination - A teacher shall not be discriminated against based on gender, race, creed, religion, color, handicap, disability, or age.
4. EVALUATION - Teacher evaluations shall be conducted openly and with full knowledge of the teacher. A post-conference will be held within five days following any evaluation unless the absence of the evaluator or the teacher renders this impossible. If, in the opinion of the administration, a deficiency in teacher performance exists, a teacher shall be given suggestions for corrections of said deficiency.
E. TEACHER ASSIGNMENT - By the close of each school year, every teacher shall know his/her specific assignments for the coming year (grade level and/or subject(s) to be taught).
Notwithstanding any language contained herein, the Association recognizes that changes in teacher assignments (grade level and/or subject(s) to taught) may be required as a result of staff turnover during the summer months. In the event that changes are made, the affected teacher(s) will be notified by the principal of the particular school as soon as possible.
F. RESIGNATIONS - LIQUIDATED DAMAGES - Should the teacher resign his/her employment with the school district during the term of this contract thereby failing to work for the school district for the full school year as required by this contract without the written permission of the school district thereby willfully violating the terms of this contract, the teacher agrees to pay to the school district the sum of $500, with a pro-rated percentage for part-time employees, as reasonable liquidated damages to compensate the school for expenses incurred by reason of the teacher's resignation unless the school district is notified in writing of the resignation thirty (30) days prior to the contract date of employment for that school year. For the purposes of this provision, a resignation shall not be considered a "willful violation" where the teacher resigns because of family or personal problems or circumstances such as illness, a spouse's transfer to another area, or family problems making it impossible for the teacher to continue employment outside the home.
G. CONTRACTED WORK YEAR - The contracted work year shall begin no earlier than the Monday before Labor Day and end no later than June 30th. It shall consist of 186 work days of which 180 shall be for student instruction and 6 for teacher preparation, in-service education and/or parent conferences.
H. NON INSTRUCTIONAL DUTIES - Teachers shall not be required to perform more than fifty hours of non instructional duties annually. Non instructional duties are defined as bus duty, cafeteria duty, or recess duty.
ARTICLE XI - VACANCIES, TRANSFERS, REASSIGNMENTS
A. NOTIFICATION OF VACANCIES
1. Notices of vacancies will be posted on the official bulletin board in each school and sent to the Association as soon as the administration is aware of the existence of such vacancies. A vacancy shall occur when a teacher holding a position severs employment, goes on an extended leave for one school year, transfers to another position, or when the board creates a new position. Notification of vacancies during the summer will be communicated to the Association President via E-mail and/or home address.
The posting period-for notice of vacancy shall be ten (10) contracted days during the school year, ten (10) weekdays during the period from the end of the teacher work year to August 1st, and five (5) weekdays from August 1st to the first workday in the succeeding year, excluding holidays.
2. Such notices shall contain the date of posting, a description of the position, name of the person to which the application is to be returned and date by which the application is to be returned.
3. Teachers may file a written statement of such desire with the Superintendent not later than March 1st. Such statement shall include the grade and/or subject to which the teacher desires to be assigned and the school or schools to which he/she desires to be transferred, in order of preference.
B. CONSIDERATION - In the event a teacher, currently employed by the Windham School District, is interested in being a candidate for said vacancy, the administration of the District will assure priority consideration provided: (1) the teacher is certified for the position and (2) the teacher is qualified to discharge the responsibilities of the position.
ARTICLE XII - GRIEVANCE PROCEDURE
A. DEFINITION
1. A "Grievance" shall mean an alleged violation, misinterpretation or misapplication of any of the provisions of this Agreement.
2. "Grievant" is the person or persons filing the grievance.
3. The term "Days" when used in this article shall mean working school days; except after the end of the school year when they shall be Monday through Friday, thus weekend or vacation days are excluded.
4. The "Grievance Committee" shall be comprised of the current Executive Board members of the Windham Education Association.
B. INITIATION AND PROCESSING:
A grievance to be considered under this procedure must be initiated in writing by the teacher within thirty (30) days of its occurrence, or within thirty (30) days of when the teacher should have known of its occurrence. Failure at any level of this procedure to communicate the decision on a grievance within the specified time limits shall permit the grievant to appeal a grievance to the next level within the specified time limits or shall be deemed to be a waiver of further appeal of the decision and acceptance of the decision rendered at that level.
1. Level One- Principal
a. An employee with a grievance will first discuss it with his Building Administrator with the objective of resolving the matter informally.
b. If, as a result of the discussion, the matter is not resolved to the satisfaction of the grievant, the grievant may present the grievance in writing to the principal on the appropriate form. The principal shall render his written decision within five (5) days of his receiving the written grievances.
2. Level Two - Superintendent
If the grievance is not resolved to the grievant's satisfaction, the teacher appeal to the Superintendent in writing within five (5) schools days. The Superintendent shall arrange for a meeting to take place within five (5) school days of his receipt of the appeal. Upon conclusion of the meeting, the Superintendent shall render his written decision to the grievant, to the Association, and to the administrators involved at the previous step of the grievance procedure within five (5) school days.
3. Level Three - Binding Arbitration
a. If the decision of the Superintendent does not resolve the grievance to the satisfaction of the grievant, he/she shall notify the Association within five (5) days of the receipt of the Superintendent's decision. If the Association determines that the matter should be submitted to binding arbitration, it shall in writing, so advise the Superintendent within five (5) school days.
The parties will then initiate a request for an arbitrator by a neutral party. The neutral party will immediately, after the receipt of the request, submit a list of qualified arbitrators for selection by the parties, in accordance with rules and procedures prescribed by it for making such designation.
b. Neither the Board nor the Association will be permitted to assert any ground or evidence before the arbitrator which was not disclosed to the other party.
c. The arbitrator shall limit himself to the issues submitted to him, and shall consider nothing else. In being bound by the terms of this agreement, he/she shall have no power to delete from or modify any of the provisions of the agreement.
d. The Board, the grievant, and the Association shall receive copies of the arbitrator's report. This shall be accomplished within thirty (30) calendar days of the completion of the arbitrator's hearing.
e. The decision of the arbitrator shall be binding on both parties.
f. The Board and the Association recognizes this Agreement as a legal document and to that extent may utilize the courts to enforce such document.
g. The fees and expenses of the arbitrator will be shared by the Board and Association equally .
C. RIGHTS OF TEACHER TO REPRESENTATION
1. An aggrieved person may be represented at all stages of the grievance procedure by himself, or at his option, may also have a representative of the Association present to represent him.
2. When a teacher is not represented by the Association in the processing of a grievance, the Association shall at the time of the submission of the written grievance to the principal, at level 1b, be notified immediately by the principal in writing that the grievance is in process. The Association shall have the right to be present and present its position in writing at all hearing sessions held at level 1b and beyond concerning such grievance and shall receive a copy of all decisions rendered.
3. An employee who is in the bargaining unit and is not a member of the Association, but wishes to be represented by the Association in grievance, shall assume the Association's costs of processing the grievance. Collection of such fees shall be the sole responsibility of the Association. Should there be a dispute between an employee and the Association and/or the Board relating to such grievances or costs, the Association agrees to defend, indemnify, and hold the Board harmless in any such dispute.
4. Any resolution of the grievance shall not be inconsistent with the terms of this Agreement.
5. The Board and the Association shall assure that the parties in the interest and witnesses are guaranteed freedom from restraint, interference, coercion, discrimination, or reprisal with respect to the processing of a grievance.
D. PERSONNEL FILES - All documents, communications, and records dealing with the processing of a grievance shall be filed separately from the personnel files of the participants and shall not be forwarded to any prospective employer of the grievant, nor shall such documents be revealed or the grievance(s) be alluded to in any communication between the administration and said prospective employer.
ARTICLE XIII - REDUCTION IN FORCE
When the Windham School Board finds it necessary to reduce the number of certified full time and/or part-time positions for reasons of declining enrollment, budget reduction, change in or consolidation of board authorized programs, or for any other reason determined necessary by the school board, the following Reduction In Force (RIF) policy will be implemented.
A. Notice
1. As soon as the reduction in force is seriously contemplated, the Superintendent of Schools shall notify the President of the WEA and all other teachers in the specific classification(s) upon which it is contemplated a position will be eliminated.
For the purposes of this reduction, classifications are defined as follows:
Readiness through third grade; fourth through eighth grade; and all other certified personnel in the bargaining unit.
B. Procedures for determining Reduction in Force (RIF)
1. The school board will make every reasonable effort to minimize the effects in the Reduction in Force on the current staff by absorbing as many positions as possible through attrition (retirement, resignation, and refusal of contract).
2. Teachers whose continuing employment has been adversely affected shall receive lay-off notices by March 31st.
3. A teacher whose position has been identified to be eliminated shall have the right to be offered a contract for the following year for a position for which the teacher is certified provided that a position becomes vacant and available prior to the commencement of the next school year. There will be no obligation on the part of the school board to offer a position to a teacher to be laid off if there is no known vacancy for the following school year for which the teacher is certified.
4. Teachers with less than three full years of successful experience in the Windham School District shall be initially reduced providing there are teachers on the staff to assume their present staff positions.
5. In identifying which teachers to release, the school board shall, through the recommendations of the superintendent and other administrative staff, consider the following factors: seniority, certification, academic preparation, and job performance. Seniority is defined as the total number of years of continuous, uninterrupted service as a member of the bargaining unit. Seniority for teachers on leave shall continue to accrue while on leave unless the leave is without pay. In such circumstances, the seniority will be put on hold until the teacher's return.
6. Teachers shall be recalled in reverse order of lay-off for any position(s) within their certification.
a. Laid-off teachers shall be eligible for recall for a 26 month period following the first day of the subsequent contract year (after June 30).
b. Teachers shall be responsible for notifying the superintendent in writing of their current address. Recall notices shall be mailed certified, return receipt requested.
c. Teachers shall have 20 business days to respond to any recall notice.
d. No new employees shall be hired for any vacancy while there are laid-off personnel available to fill those positions. Vacancy includes positions where a bargaining unit member is on any type of long-term leave.
e. Teachers recalled shall retain previous seniority and other accrued contract benefits, such as accumulated leave,
7. Any transfer, assignments, or reassignments resulting from or involved with the reduction in staff will be made at the sole discretion of the superintendent after having received recommendations from other administrative staff. In the event a change of assignment or transfer is a result of the reduction in force, the teacher involved shall be notified of such change by May 15th.
8. Any teachers laid off due to a reduction in force, and having completed at least five continuous, uninterrupted years of service to the district (including any board approved leaves), shall be reimbursed 75% of his/her accumulated sick leave benefits based on an average salary of the previous five years up to a maximum of $3,500. This payment shall be available to any individual at the conclusion of the twenty-six month recall period, given that they have not been offered, or returned to, full time teaching status in the district.
If any provision of this Agreement or any application of the Agreement to any employee or group of employees is held to be contrary to law, then such provision or application shall be deemed not valid and subsisting, except to the extent of the law, but all other provisions or applications shall continue in full force and effect. In such instance, the Board and the Association shall meet within a reasonable amount of time of such legal determination for the purpose of adjusting the Article(s) so that it (they) will be in accordance with the law.
IT IS AGREED by and between the Windham School District and the Windham Education Association that upon receipt of written authorization therefore, signed by the teacher, the Board shall deduct an amount to provide payment of dues for membership and assessments in the Windham and New Hampshire Education Association from the regular salary check of such teacher. Deduction shall be in equal amounts for ten (10) pay periods beginning in September. If a teacher leaves the district before the full dues authorized have been deducted, the balance due shall be deducted from the teacher's final paycheck.
Those teachers who elect not to join the Association shall be required to pay a service fee, not to exceed actual membership dues. Said fee will be payroll deducted in equal amounts for ten pay periods and transmitted to the Association. Should there be a dispute between a teacher and the Board/Association regarding payment of said fee, the Association agrees to hold the Board and its agents harmless in any such dispute.
ARTICLE XVI – RETIREMENT SEVERANCE
Experience and Eligibility: Bargaining unit members covered by this agreement when they retire must have at least fifteen (15) years of service in the Windham School District and be eligible to retire in the NH Retirement System.
Notice of Intent: Notice of one's intention to retire under this plan must be submitted in writing to the Superintendent of Schools no later than September 30 of the year preceding the intended final year of employment. The teacher may reconsider this decision until December 1st.
Formula for Implementation
The incentive payment shall be determined by the following formula:
A. YEARS OF SERVICE
1. For employees who had completed at least five (5) years of service to the Windham School District by July l, 2005:
16-20 years of service to the Windham School District
25% x last salary x two years21-25 years of service to the Windham School District
35% x last salary x two years26+ years of service to the Windham School District
45% x last salary x two yearsThe individual may choose to accept the first year's payment in a single sum to be paid by June 30 in the year of retirement with the second installment to be paid thirteen (13) months later.
2. For employees who had not completed at least five (5) years of service to the Windham School District by July l, 2005:
16-20 years of service to the Windham School District
25% x last salary x one year21-25 years of service to the Windham School District
35% x last salary x one year26+ years of service to the Windham School District
45% x last salary x one year
OR
B. Same Age/Percentage Chart as in above year for one year, and an amount contributed annually by the District towards the cost of employee's medical and dental insurance equal to the annual amount being paid by the District during the year of retirement, such annual payment to continue until the individual is eligible for Medicare.
Definitions
Years of Service. Actual years served teaching under a contract in the Windham School District.
Last Salary. Shall mean only the amount earned in the last full year as a member of the bargaining unit and may include stipends earned under TGIF and extracurricular programs, but may not include a severance benefit if any is available.
Insurance Benefits. Each employee selecting Article B, provided under this agreement will receive said benefit until said employee qualifies for Medicare/Social Security.
Survivors' Payment. Should an employee who has elected early retirement, die prior to receiving any payment due on the selected schedule, the school district will continue to make payments to the estate of the deceased retiree in accordance with the selected schedule.
Severance. Remains the same as listed in accordance with Article III F, with an $8,000 cap in the severance when a teacher receives early retirement.
A. The provisions of this Agreement will be effective as of July 1, 2005 and shall remain in full force and effect until June 30, 2008..
B. SUCCESSOR AGREEMENT - Any and all amendments/alterations to an existing Agreement, brought about during the terms of that Agreement, and in accordance with Article II, Negotiations Procedures, shall be incorporated into/with the existing Agreement and the results shall constitute the Successor Agreement for the term of the Agreement. The Successor Agreement shall become effective on the following July 1 and shall remain in force and effect until June 30, 2008.
This Agreement may not be altered, changed, added to, deleted from, or modified except through voluntary, mutual consent of the parties in written and signed amendment of this Agreement, except that either party may request that the contract be reopened for language items only during the 2006-07 school year for inclusion in the contract during the 2007-08 school year.
SALARY SCHEDULE
2005-2006
Step |
BA |
BA+15 |
BA+30 |
MA |
MA+15 |
MA+30 |
CAGS/ DOC |
1 |
32,113 |
32,885 |
33,914 |
37,002 |
37,774 |
38,803 |
41,891 |
2 |
33,193 |
33,975 |
35,017 |
38,142 |
38,924 |
39,966 |
43,092 |
3 |
34,288 |
35,080 |
36,135 |
39,300 |
40,091 |
41,146 |
44,312 |
4 |
36,767 |
37,569 |
38,980 |
41,844 |
42,645 |
44,056 |
46,920 |
5 |
37,893 |
38,705 |
40,130 |
43,037 |
43,849 |
45,274 |
48,181 |
6 |
39,035 |
39,858 |
41,298 |
44,249 |
45,072 |
46,512 |
49,462 |
7 |
40,194 |
41,029 |
42,484 |
45,480 |
46,314 |
47,769 |
50,765 |
8 |
41,370 |
42,217 |
43,688 |
46,731 |
47,577 |
49,048 |
52,091 |
9 |
42,565 |
43,424 |
44,911 |
48,003 |
48,862 |
50,349 |
53,441 |
10 |
43,778 |
44,649 |
46,154 |
49,297 |
50,168 |
51,672 |
54,815 |
11 |
46,038 |
47,059 |
48,786 |
51,982 |
53,209 |
55,073 |
58,268 |
12 |
47,290 |
48,325 |
50,071 |
53,321 |
54,562 |
56,444 |
59,694 |
13 |
49,544 |
50,646 |
52,511 |
55,958 |
57,282 |
59,295 |
62,742 |
SALARY SCHEDULE
2006-2007
Step |
BA |
BA+15 |
BA+30 |
MA |
MA+15 |
MA+30 |
CAGS/ DOC |
1 |
33,095 |
33,891 |
34,951 |
38,133 |
38,929 |
39,990 |
43,172 |
2 |
34,262 |
35,077 |
36,164 |
39,426 |
40,241 |
41,328 |
44,589 |
3 |
35,459 |
36,295 |
37,409 |
40,753 |
41,588 |
42,703 |
46,046 |
4 |
37,378 |
38,235 |
39,550 |
42,806 |
43,663 |
44,978 |
48,234 |
5 |
38,639 |
39,518 |
40,863 |
44,206 |
45,085 |
46,430 |
49,774 |
6 |
39,934 |
40,836 |
42,211 |
45,646 |
46,548 |
47,923 |
51,358 |
7 |
41,264 |
42,189 |
43,596 |
47,126 |
48,051 |
49,458 |
52,988 |
8 |
42,630 |
43,580 |
45,019 |
48,647 |
49,597 |
51,037 |
54,665 |
9 |
44,034 |
45,009 |
46,482 |
50,212 |
51,188 |
52,661 |
56,391 |
10 |
45,476 |
46,478 |
47,987 |
51,822 |
52,824 |
54,332 |
58,168 |
11 |
47,477 |
48,575 |
50,223 |
54,168 |
55,370 |
57,087 |
61,032 |
12 |
49,002 |
50,128 |
51,815 |
55,873 |
57,103 |
58,858 |
62,916 |
13 |
51,064 |
52,247 |
54,023 |
58,269 |
59,564 |
61,415 |
65,661 |
SALARY SCHEDULE
2007-2008
Step |
BA |
BA+15 |
BA+30 |
MA |
MA+15 |
MA+30 |
CAGS/ DOC |
|
1 |
34,093 |
34,913 |
36,005 |
39,284 |
40,103 |
41,196 |
44,474 |
|
2 |
35,348 |
36,198 |
37,331 |
40,730 |
41,579 |
42,712 |
46,111 |
|
3 |
36,649 |
37,530 |
38,705 |
42,229 |
43,110 |
44,284 |
47,808 |
|
4 |
37,998 |
38,912 |
40,130 |
43,783 |
44,697 |
45,915 |
49,568 |
|
5 |
39,397 |
40,344 |
41,607 |
45,395 |
46,342 |
47,605 |
51,393 |
|
6 |
40,847 |
41,829 |
43,138 |
47,066 |
48,048 |
49,357 |
53,285 |
|
7 |
42,351 |
43,369 |
44,726 |
48,798 |
49,816 |
51,174 |
55,246 |
|
8 |
43,910 |
44,965 |
46,373 |
50,595 |
51,650 |
53,058 |
57,280 |
|
9 |
45,526 |
46,620 |
48,080 |
52,457 |
53,551 |
55,011 |
59,388 |
|
10 |
47,202 |
48,336 |
||||||