AND THE
PARAEDUCATORS
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TABLE OF CONTENTS
ARTICLE TITLE PAGE I Agreement and Recognition 3 II Negotiation Procedure 3 III Grievance Procedure 4 IV Salaries 7 V Paraeducator Employment 8 VI Probation and Just Cause 8 VII Work Year and Workday 8 VIII Employee Assignment 10 IX Vacancies 10 X Evaluation 11 XI Temporary Leaves of Absence 12 XII Special Leave 13 XIII Special Leave Buyback 15 XIV Extended Leaves of Absence 16 XV Protection 17 XVI Insurance and Annuity Plan 18 XVII Deductions 19 XVIII Voluntary Transfers 19 XIX Involuntary Transfers 19 XX Longevity 20 XXI Seniority 21 XXII Reduction In Force 21 XXIII Agency Fee 23 XXIV Management Rights 23 XXV Separability 24 XXVI Continuity of Operations 25 XXVII Confidentiality 25 XXVIII General 25 XXIX Nondiscrimination 27 XXX Health and Safety 28 XXXI Wage Schedule & Wage Provisions 28 XXXII Duration 32
Appendix A Paraeducator Evaluation 33 Appendix B Drug Free Workplace Policy 35 Appendix C Course Approval/Reimbursement Application 36 Appendix D Side Letter of Agreement 37
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AGREEMENT AND RECOGNITION
Pursuant to the provisions of Chapter 150E of the General Laws of Massachusetts, this Agreement is made and entered into by and between the School Committee of the Town of Plymouth (hereinafter referred to as the "Committee"), and the Education Association of Plymouth and Carver/MTA/NEA (hereinafter referred to as the "Association"). For the purposes of collective bargaining with respect to wages, hours, and other conditions of employment and the negotiations of collective bargaining agreements, the Committee recognizes the Association as the exclusive bargaining agent and representative of all full-time and regular part-time paraeducators employed by the Plymouth School Committee, regardless of the funding source, who perform a school related function including, but not limited to:
Category 1: Instructional Support Paraeducators: Moderate Special Needs, Classroom, IMC, Literacy, Computer, Vocational Category 2: Building Support Paraeducators: SAM, Security Receptionist, Science, Bus Monitor Category 3: Specialized Support Paraeducators: ADA, ASD, Basic Skills, CARE, Life Skills, Preschool, Project Growth, One to One, Bridge Program Category 4: Specialized Therapeutic Paraeducators: CNA/Health, Job Coach, Speech and Language Assistant, Certified Occupational Therapeutic Assistant, Physical Therapy Assistant, Registered Behavior Technician, and Applied Behavioral Analyst
Excluding all managerial and confidential employees and all other employees. These employees are those certified by the Massachusetts Labor Relations Commission in Case Number MCR-3662. Unless otherwise indicated, the employees in the above unit will hereinafter be referred to as “Paraeducators”. The Committee agrees to negotiate with the Association the appropriate job category placement for all new positions, regardless of funding source, when the position is created. Full-time employees shall be defined as those employees who work twenty (20) or more hours per week. Part-time employees shall be defined as those employees who work less than twenty (20) hours per week.
ARTICLE II
NEGOTIATION PROCEDURE
A. 1. The Committee agrees to enter into negotiations with the Association if it so requests, for the purpose of collective bargaining in accordance with the provisions of Massachusetts General Laws, Chapter 150E, concerning wages, hours, and other terms and conditions of employment of the employees. If the Association wishes to negotiate a successor Agreement, it must notify the Committee of its
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desire to enter into negotiations no later than October 1st of the calendar year proceeding the calendar year in which this Agreement expires. Upon said notification, the Committee agrees to commence negotiations on a mutually convenient date.
2. During negotiations, the Committee and the Association will present relevant data, exchange points of view and make proposals and counter-proposals. Either party may, if it so desires, utilize the services of outside consultants and may call upon professional and lay representatives to assist in the negotiations.
B. This Agreement may not be modified in whole or in part by the parties except by an instrument, in writing, duly executed by both parties.
ARTICLE III GRIEVANCE PROCEDURE
A. Definitions
1. A "grievance" is defined as a complaint by the Association, the Employer, an employee or a group of employees, based upon an alleged violation of or variation from one or more terms or provisions of the Agreement or the interpretation or application thereof.
2. A "party-in-interest" is the person or persons making the claim, the Association, the Employer and/or any person who might be required to take action or against whom action might be taken in order to resolve the claim.
3. "School days" shall mean days in which school is in session for students. B. Purpose
1. The purpose of this procedure is to secure, at the lowest possible level, solutions to the grievances. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of the procedure.
2. Nothing herein contained shall be construed as limiting the right of any employee having a grievance to discuss the matter informally with any appropriate member of the administration, and having the grievance adjusted without intervention by the Association, provided the adjustment is not inconsistent with the terms of this Agreement and that the Association has been given the opportunity to be present at such adjustment and to state its views.
C. Procedure
Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. The time limits specified may, however, be extended by mutual agreement. If, at the end of ten (10) school days following the date on which the aggrieved party knew or could, with reasonable diligence, have known of the act or condition on which the grievance is based, the grievance shall not have been presented at Level One of this procedure, the grievance shall be deemed to have been waived. Any grievance in course shall also be deemed to have been waived if the action required to present it to the next level in the procedure shall not have been taken within the time specified therefore. In the event that a grievance has been filed on or after 1 June, the time limits set forth herein may be reduced, if
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mutually agreed upon by the parties hereto, in order that the grievance procedure may be exhausted prior to the end of the school year, or as soon thereafter as is practicable. If any employee covered by this Agreement shall present any grievance at Levels One, Two or Three without representation by the Association, the disposition, if any, of the grievance shall be consistent with the provisions of this Agreement. Level One
The aggrieved party(s) shall submit the grievance, in writing, using the appropriate grievance form, to the principal or the appropriate immediate supervisor within ten (10) school days after the aggrieved party(s) knew or could with reasonable diligence have known of the act or condition on which the grievance is based. Within five (5) school days of receipt of the written grievance, the principal or appropriate immediate supervisor shall meet with the aggrieved party(s) and the Association to discuss the grievance with the objective of resolving the matter. The principal or appropriate immediate supervisor shall respond, in writing, to the aggrieved party(s) and the Association within five (5) school days following the conclusion of the Level One meeting.
Level Two
If, at the end of ten (10) school days following the conclusion of the Level One Meeting, the grievance shall not have been resolved to the satisfaction of the aggrieved party(s), the aggrieved party(s) may, within five (5) school days thereafter, submit the grievance, in writing, using the grievance form attached hereto, to the Superintendent. Within ten (10) school days following the receipt of the written grievance, the Superintendent or his/her designee shall meet with the aggrieved party(s) and the Association in an effort to settle the grievance. The Superintendent or his/her designee shall respond, in writing, to the aggrieved party(s) and the Association within five (5) school days following the conclusion of the Level Two meeting. Level Three
(a) If, at the end of ten (10) school days next following the Level Two meeting with the Superintendent or his/her designee, the grievance shall not have been resolved to the satisfaction of the aggrieved party(s), the aggrieved party(s) may, within five (5) school days thereafter, submit the grievance, in writing, using the grievance form attached hereto, to the School Committee. The Committee shall meet with the aggrieved party(s) and the Association at the next regularly scheduled School Committee meeting or at a subsequent School Committee meeting and shall, under normal circumstances, discuss the grievance prior to the start of its regularly scheduled agenda. This Level Three meeting shall occur within fifteen (15) school days of the date of submission of the grievance at Level Three.
(b) In the event that the Committee has a grievance against the Association and/or any member of the bargaining unit, the grievance will commence at Level Three. The Committee will notify the Association, in writing, relative to the alleged grievance. Within five (5) school days or as soon thereafter as is reasonably possible after receiving the written grievance, the President and his/her designee will meet with the School Committee for the purpose of discussing and/or resolving the grievance.
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Level Four
(a) If, at the end of ten (10) school days following the conclusion of the Level Three meeting with the School Committee, the grievance shall not have been resolved to the satisfaction of the aggrieved party(s), the Association may, by giving written notice to the School Committee within ten (10) school days next following the conclusion of such period of ten (10) school days, submit a Notice of Intent to file for arbitration. After five (5) school days following such notification, the Association may submit the grievance to the American Arbitration Association for disposition in accordance with the applicable Rules of the American Arbitration Association.
(b) If the School Committee grievance has not been resolved after ten (10) school days following the initial meeting between the parties, then the School Committee may, within the subsequent ten (10) school days, give a written notice to the Association of the Committee's intent to file for arbitration. If the grievance still remains unresolved, the School Committee may file for arbitration within ten (10) school days following the School Committee's giving written notice to the Association.
(c) The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in this Article.
The Arbitrator shall be without power and authority to do the following: 1. to add to, modify, or subtract from the provisions of this Agreement; 2. to rule on an issue which has been excluded from the grievance and
arbitration provisions of this Agreement; 3. to rule on an issue which is reserved by law to the Committee; 4. to modify or negate decisions and/or policies of the Committee which are
made pursuant to its rights or authority under the law, and/or its management rights, provided these decisions and/or policies do not violate a provision or provisions of this Agreement;
5. to make an award which may cause or require the Committee to violate State or Federal Law, or any rules, regulations or decisions issued under the authority of the Commonwealth of Massachusetts or of federal law;
6. to award any relief for any period of time prior to the date of the submission of the grievance or the date by which the aggrieved party(s) knew or could, with reasonable diligence, have known of the act or condition on which the grievance is based.
7. The Arbitrator may not substitute his judgment for that of the Committee or its agents when they exercise their judgment pursuant to their reserved rights or to their authority under the law provided the judgment of the Committee or its agents does not violate a provision or provisions of this Agreement.
8. The decision of the Arbitrator, if within the scope of this jurisdiction, shall be final and binding upon the parties hereto except for review or confirmation as provided for by M.G.L. Chapter 150C and/or applicable laws, and the Arbitrator shall be requested to issue his decision within thirty (30) days after the conclusion of testimony and the submission of briefs.
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9. Compensation for the services of the Arbitrator will be borne equally by the Committee and the Association, but each party shall bear its own expenses for the presentation of its own case.
D. Rights of Employees to Representation
1. No reprisals will be taken by the Employer, the Association or by any member of the Administration against any party-in-interest, any Association representative, or any participant in the grievance procedure, by reason of such participation.
2. A party-in-interest may be represented at any stage of the grievance procedure through Level Three by a person of his/her own choosing except a representative or officer of any union other than the Association. When an employee is not represented by the Association, the Association shall have the right to be present and to state its views at all these stages of the grievance procedure.
E. Miscellaneous
1. If, in the judgment of the Association a grievance affects a group or class of employees, the Association may submit such grievance, in writing, on the grievance form attached hereto, to the Superintendent directly, and the processing of such grievance will be commenced at Level Two. The Association may process such a grievance through all levels of the grievance procedure.
2. Decisions rendered at Levels One, Two and Three of the grievance procedure will be in writing, setting forth the decisions and the reasons therefore and will be transmitted promptly to all parties-in-interest.
3. All documents, communications and records dealing with the processing of a grievance will be filed separately from the personnel files of the participants and will be available to the Association and the administrators included in the proceedings.
4. Forms for filing grievances, serving notices, taking appeals, making reports and recommendations, and other necessary documents will be jointly prepared by the Superintendent or his/her designee and the Association and given appropriate distribution so as to facilitate operation of the grievance procedure.
5. Employees who attend an arbitration hearing during the workday may choose to either use annual leave or use leave without pay for this purpose.
ARTICLE IV
SALARIES
A. The salaries of all persons covered by this Agreement are set forth in Article XXXI which is attached and made a part hereof.
B. The salaries of part-time members of the Bargaining Unit shall be paid in twenty-two (22) installments during the work year. The salaries of members of the Bargaining Unit shall be deemed to fully earned at the close of each fiscal year.
C. Effective July 1, 2016 full-time members of the Bargaining Unit may be paid in twenty- two (22) or twenty-six (26) bi-weekly installments during the work year. The Administration shall distribute a form to each member prior to the close of school in June requesting each member to select a salary payment schedule for the following work year. Members who do not indicate a selection by the close of the work year shall be paid in twenty-two (22) installments during the work year.
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Those members who are paid in twenty-six (26) installments shall receive all deferred payments in one lump sum by the end of the month in June, unless said deferred payments have been forwarded to a financial institution selected by the member pursuant to a payroll deduction plan provided by this Agreement. If a member wishes to have said deferred payments forwarded to a financial institution during the work year, the member must authorize such a payroll deduction through the school department prior to the close of the work year.
D. All employees shall receive their pay by direct deposit and receive all payroll notifications electronically.
ARTICLE V PARAEDUCATOR EMPLOYMENT
A. Employees with previous employee experience may, upon initial employment, be given credit on the salary schedule for such experience pursuant to Article XXXI, section C.
B. Employees who leave the employment of the Plymouth School System must immediately submit a letter of resignation. Failure to submit such a letter of resignation within a reasonable period of time, but in no case for a period of time longer than three (3) weeks, will result in the termination of employment.
ARTICLE VI PROBATION AND JUST CAUSE
A. No probationary employee shall be disciplined (except for discharge), reprimanded, suspended or reduced in rank or compensation without just cause. Probationary employees who are discharged shall not have access to the grievance and arbitration provisions of this Agreement for the purpose of challenging such discharge. Employees who have completed their probationary period shall not be disciplined, reprimanded, suspended, discharged, or reduced in rank or compensation without just cause.
B. An employee shall be defined as probationary until the employee has served twelve (12) continuous months of employment.
ARTICLE VII
WORK YEAR AND WORKDAY
A. The work year of employees covered by this Agreement shall commence on July 1st and end on June 30th. Employees who work 180 or fewer days per year shall not normally be expected to work when students are not in school. Employees who work more than 180 days per year shall have any days beyond 180 scheduled by their immediate supervisors. It is understood and agreed that the Committee may require all paraeducators to either work one additional full day or attend an additional six (6) hours of professional development per year by paying the paraeducators at their hourly rate of pay. Beginning with the 2016-17 school year, the number of days for all full time employees shall be 182, with the first day before the opening of school counted as one of these
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days. Full time employees shall also attend one (1) professional development day per year, in conjunction with the teachers. This professional development day shall not be scheduled as the first day of the work year or the last day of the work year.
B. The full-time paraeducator workday is 7.25 hours which consists of 6.75 paid hours and a 30-minute unpaid meal break. The workday includes the hours when school is in session. If it becomes necessary, employees may be required to work a reasonable period of time beyond the normal workday at the direction of their building principal or director. Employees will be paid for all hours worked.
1. Employees who work six (6) or more hours per day shall have a minimum of a thirty (30) minute unpaid duty-free meal break. The specific time is to be determined by the principal or immediate supervisor. If requested to do so by the employer, an employee may choose to voluntarily give up the thirty (30) minute meal break, and will be paid at their current hourly rate of pay for doing so.
2. All employees shall have a fifteen (15) minute break during the workday. The specific time is to be determined by the Principal or immediate Supervisor.
3. A weekly schedule will be issued to each paraeducator within ten (10) school days of the start of the school year or, for employees hired during the year, within ten (10) school days of the start of employment. The schedule is subject to change based upon the needs of the student and the school. Temporary schedule changes may be necessary due to student absence, field trips, special events/circumstances, etc. Changes of a more permanent nature will require a new schedule to be issued to the paraeducator. All schedules, permanent and temporary, will include the time(s) paraeducators, entitled to such, are to take their 30-minute meal break and 15-minute break.
C. Employees who work more than eight (8) hours in a day or more than forty (40) hours in a week shall be paid at a rate of one and one-half (1-1/2) times their regular hourly rate for those hours.
D. If School is canceled before employees are scheduled to report to work, such employees shall not be required to report to work. If the day (or days) is declared a state of emergency by the Commonwealth of Massachusetts or the Town of Plymouth, such employees shall be paid, at the time or, otherwise, when the day is made up. If the start of school is delayed, employees shall be paid for a full day. If school is canceled after employees have reported to work, such employees shall be allowed to leave when the professional staff is released, and such employees shall be paid for a full day.
E. 1. If an employee is required to fulfill all the responsibilities of a substitute teacher for a full day or more, the employee shall be paid thirty-five dollars ($35.00) in addition to the employee’s regular hourly wage for the number of hours worked, or the employer’s substitute teacher pay for the day(s), whichever is greater. If the employee remains in the same substitute teaching position for twenty (20) consecutive days, the rate will increase on the twenty-first (21st) day to Step 1 of the bachelor column of the teachers’ salary schedule.
2. Any employee who is required to cover a class for a teacher shall be paid five dollars ($5.00) per hour in addition to the member’s regular hourly wage for the time spent covering the teacher’s class, provided the period of coverage is at least thirty (30) consecutive minutes.
3. If an employee is required to fulfill all of the responsibilities of a secretary for a minimum of one (1) hour or more, the employee shall be paid two dollars ($2.00)
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per hour in addition to the member’s regular hourly wage for the time spent fulfilling the responsibilities of a secretary.
ARTICLE VIII EMPLOYEE ASSIGNMENT
A. Employees, other than those newly appointed, under normal circumstances will be notified in writing of their assignment for the following school year no later than June 15, or the last day of school, whichever is earlier, of the current school year. This notification will include the school, days of the week, and hours per week. After the beginning of a school year, an employee may be reassigned to a different school based on the needs of the school system. In making such assignments, the convenience and wishes of the individual employee will be considered, to the extent that these do not conflict with the needs of the school system.
Notice of non-reappointment will be given by June 15, or the last day of school, whichever is earlier, of each year. Employees who are not notified by said date that they will not be rehired for the next school year shall have the expectation of continued employment for said school year.
B. Employee assignments will be made without regard to race, creed, color, religion, nationality, sex, or marital status, subject to any requirements of law.
ARTICLE IX VACANCIES
A. A vacancy shall be defined as an open position occurring due to resignation,
retirement, leave of absence, death, transfer, or the creation of a new position. B. Vacancies occurring during the year will be adequately published by the
Superintendent of Schools by means of a notice placed on the bulletin boards in all the schools in Plymouth for at least ten (10) working days. A copy of the posting will also be sent to the Association President. The Superintendent and the Association President will post all vacancies or new positions on their respective websites for at least ten (10) working days. Simultaneous advertising may be done externally.
C. Notice of vacancies shall set forth the minimum qualifications for the position, a description of the duties of the position, the rate of compensation and the final date for filing applications. The qualifications set forth for a particular position will not be changed during the posting period unless the Association has been notified in advance of such changes and the reasons therefore.
D. Employees interested in said vacancy shall apply, in writing or through the School Department website to the Superintendent within the aforesaid ten (10) working day period.
E. Any member of the bargaining unit who applies for vacancy will be given reasonable consideration for the vacancy. In filling such vacancies, serious consideration will be
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given to qualified employees already employed by School Department. Any bargaining unit member who applies and who meets the written qualifications for the position shall be afforded an interview for such position unless she/he has been interviewed within the previous twelve (12) months by the same program manager for the same position or a similar position.
F. Applicants will receive notification of whether or not they were appointed to the position.
G. In the event of an emergency vacancy, and if it is determined that for the needs of a child or program, the superintendent may place a qualified candidate in the vacated position on an interim basis. The president of the bargaining unit will receive notification of such a placement.
ARTICLE X
EVALUATION
A. The purpose of evaluation is to recognize and improve, as necessary, staff effectiveness in providing the best possible environment for the students of the Plymouth Public Schools, and to assist in making personnel decisions. Evaluation should be a continuous and cooperative process between the evaluator(s) and the employee. The evaluation should place major emphasis on assisting the employee in achieving growth that is consistent with the basic philosophy, goals and objectives of the Plymouth Public Schools.
B. All monitoring or observation of the work performance of an employee will be conducted openly and with full knowledge of the employee. All employees will be given a copy of their evaluation report prepared by their designated evaluator within five (5) calendar days of signing it. Employees will have the right to discuss such report with their designated evaluator. Employees will have the right, on written request, to review and respond to the contents of their personnel files. At the employee’s request a representative of the Association may accompany the employee in such review. Facilities shall be available for the employee to make photocopies, at her/his expense, of such contents and records as concern her/his work or herself/himself.
C. One designated evaluator will evaluate each employee. The designated evaluator may request the participation of other administrators in the process. All evaluators will be trained as such. No later than October 1st of each school year, the employee shall be told who their evaluator will be. If it is necessary to change the evaluator during the course of the school year, the employee shall be promptly notified of said change.
D. Evaluations will be completed between October 15th and May 15th of each school year. Probationary members will be evaluated twice during the school year, the first occurring no later than January 15th. Members who have served more than twelve (12) continuous months of employment will be evaluated once during the school year.
E. The Employer reserves the right to evaluate the job performance of employees at reasonable times. A copy of any evaluation report will be forwarded to the Office of the Superintendent of Schools and placed in the employee's personnel file. Any evaluation report of an employee shall be signed by the employee, no later than fifteen (15) school days prior to the close of the current school year, not to indicate that he/she necessarily agrees with the evaluation, but as an indication that he/she
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has seen it. If an employee disagrees with an evaluation, he/she may respond, in writing, within ten (10) school days. The evaluator will receive a copy of said response, and the response will then be attached to the evaluation in the personnel file of the employee.
F. No material derogatory to an employee's conduct, service, character or personality will be placed in the employee personnel file unless a copy of the material has been provided to the employee.
G. An employee shall have the right to answer in writing any complaints filed in his/her personnel file, and said answer shall be attached to the complaint and reviewed by the Superintendent of Schools. The failure of the Administration to respond in writing to the aforesaid employee's answer and to place said response with the file copy of said answer, shall not indicate agreement with the employee's answer.
H. The Employer is responsible for the disciplining of employees for delinquency of performance or other good cause. No employee will be disciplined or reprimanded in the presence of other persons except administrators and/or Association representatives. If an employee is to be disciplined, he/she shall have the right to have an Association representative present.
I. A study committee to periodically review and recommend revisions to the evaluation instrument (attached as Appendix A) will be established at the request of either the Association or the Administration. The study committee shall be composed of up to three (3) members designated by the Administration and up to three (3) members designated by the Association. The form in use during the 2015-2016 school year shall remain in full force and effect until a new one is agreed upon.
ARTICLE XI TEMPORARY LEAVES OF ABSENCE
A. Employees shall be granted up to five (5) consecutive days, with pay, in the event of a death in the immediate family (spouse, parent, child, son-in-law, daughter-in- law, father-in-law, mother-in-law, brother-in-law, sister-in-law, domestic partner, sibling or other relative who lives in the employee household). Employees shall be granted up to four (4) days at a time in the event of the death of an employee's grandmother, grandfather, aunt, uncle, niece, or nephew unless said relative is a member of the immediate household, in which event the employee will be entitled to the aforesaid five (5) days.
B. Employees shall be granted one day in the event of the death of a relative other than those described in Section A of this Article.
C. In the event that an employee is called for Federal, State, or County jury duty, the Employer agrees to pay the difference between the daily jury duty pay and the normal pay of said employee.
D. Additional temporary leaves of absence with pay may be granted by the Superintendent or his/her designee. Decisions hereunder shall not be subject to arbitration.
E. Leaves taken pursuant to this Article shall be in addition to any special leave to which the employee is entitled.
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F. District-wide, no more than two bargaining unit employees shall be granted two days each to conduct union business, attend union meeting/conferences, or attend the MTA Annual Meeting. Leave time under this provision shall be neither cumulative nor transferrable.
ARTICLE XII
SPECIAL LEAVE
A. Special leave shall mean that period of time for which an employee shall be entitled to receive compensation during absence from work because of personal illness or injury, the illness or injury of members of the employee's immediate family (spouse, parent, child, sibling or other relative who resides in the employee's household), certain religious observances, personal business, certain legal proceedings, personal or family weddings, certain graduations, union leaves, or adoptions. Special leave may be taken as a half or full day with the permission of the building principal. Special leave may not be used for vacation.
B. 1. Beginning with the first workday of a school year, full-time employees who are employed to begin work as of the first workday of a school year will be entitled to fifteen (15) special leave days as of the first official day of said school year. Full- time employees who are employed to begin work during the school year will have this entitlement prorated. Full-time employees may accumulate unused special leave from year to year up to a maximum of one hundred fifty (150) days. Employees who have accumulated the maximum number of special leave days prior to the start of a work year will receive fifteen (15) days of non-cumulative special leave per the annual entitlement above.
2. Beginning with the first workday of a school year, part-time employees who are employed to begin work as of the first workday of a school year will be entitled to ten (10) special leave days as of the first official day of said school year. Part-time employees who are employed to begin work during the school year will have this entitlement prorated. Part-time employees may accumulate unused special leave from year to year up to a maximum of ninety (90) days. Employees who have accumulated the maximum number of special leave days prior to the start of a work year will receive ten (10) days of non-cumulative special leave per the annual entitlement above.
C. An employee may use annual special leave for personal illness or injury, which prevents the employee from performing her/his normal duties. However, an employee's accumulated special leave may be used only for a long-term personal illness or injury of more than five (5) consecutive workdays.
An employee's accumulated special leave may be used for personal illness or injury of shorter duration at the discretion of the Superintendent or his/her designee. The decision of the Superintendent or his/her designee shall not be subject to arbitration.
D. An employee who wishes to use available special leave for personal illness or injury must notify her/his supervisor on or before (prior to the start of the employee's workday) the first day of any such absence for which she/he intends to use special leave and, if requested, the nature of the disability and medical diagnosis, if possible
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at that time, together with an estimate of the time the employee expects to return to work if known at that time. The absent employee who is using special leave for personal illness or injury is expected to keep her/his supervisor informed of the status of the illness or injury on a regular basis, and may be required to provide a doctor's verification from time to time if such absence is of long term or for other good reason. For good cause the Superintendent may require an employee receiving special leave pay for personal illness or injury to be examined by a physician chosen by the Employer at the Employer's expense. The Employer's physician will review any medical records provided by the employee as part of his examination.
E. The parties to this agreement agree that consistent attendance of employees is essential to providing education of the highest possible quality to the students. Therefore any excessive absenteeism or unusual pattern of absence by an employee is contrary to that principle. Such excessive absenteeism or unusual pattern of absence on the part of an employee may warrant an explicit explanation to the Superintendent of schools or his designee. The Superintendent or his designee may require an employee to produce a medical certificate of disability from a regularly licensed and practicing physician when an employee's use of sick leave is reasonably suspected of being excessive. The Employer reserves the right to monitor employee attendance. The Superintendent, or his designee(s), may meet with, talk to, or otherwise communicate with employees concerning their attendance. Employees may, at their option, have an Association representative present as an observer at any such meeting. The Employer reserves any rights it may have under the law and this Agreement with respect to issues concerning employee attendance.
F. Any employee who becomes disabled as a result of excessive use of alcohol or other drugs or as a result of self-inflicted injury other than accidental may forfeit her/his entitlement to use special leave for such disabilities.
G. Whenever an employee is absent from school as a result of personal injury caused by an accident or an assault occurring in the course of the employee's employment, the employee may receive, if he/she requests, his/her full salary provided the employee is receiving Worker's Compensation in accordance with Massachusetts General Laws, Chapter 152, for said injury, for as long as the employee retains accumulated special leave to cover any difference between Workers' Compensation benefits and the employee's full salary. The employee will be paid his/her normal weekly salary provided that he/she first gives his/her weekly Workers' Compensation check, properly endorsed to the School Department. This benefit shall cease upon the exhaustion of the employee's special leave accumulation.
H. Employees may be requested to take special leave when in the opinion of the supervisor the employee is unable for physical reasons to properly perform her/his duties.
I. Annual special leave may be used for severe illness or traumatic injury in the employee's immediate family when the employee's attendance at home is required for the purpose of caring for such family member up to a maximum of ten (10) work days. For purposes of this article, the term “severe illness” means a continuing long-term debilitating and/or diagnosed medical condition which requires ongoing assistance. The term “traumatic injury” means an injury sustained, for example, in a motor vehicle accident, work place accident, or other event resulting in broken bones, loss of limb, TBI (including stroke related injuries) resulting in the need for in-patient hospitalization or long-term bed rest at home for purposes of recovery.
J. Annual special leave may be used when the employee's established religious discipline makes it mandatory upon the employee to be absent from work.
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K. It is understood that employees will make every effort to attend to their personal business on non-workdays and that requests for personal leave will be made only when every effort has been made to schedule personal business so as not to interfere with the work commitment. Annual special leave may be used for the purpose of conducting personal and/or legal business that requires the absence of the employee during work hours and which cannot otherwise be scheduled.
L. Annual special leave may be used to attend the wedding of a son, daughter, ward, brother, sister, parent or legal guardian. Annual special leave may also be used for the employee's wedding.
M. Annual special leave may be used to attend the graduation of a son, daughter or spouse from a secondary or post-secondary school.
N. Annual special leave may be used for any other purpose approved by the Superintendent. The Superintendent's decision in this matter shall not be subject to the Arbitration provisions of this agreement.
ARTICLE XIII SPECIAL LEAVE BUY BACK
I. Annual The purpose of this benefit is to reduce the average use of special leave per
employee in the Bargaining Unit in a measurable and meaningful way. A. In order to be eligible to receive benefits under this Article during any work year,
an employee must have completed four (4) full years of employment by the end of the previous work year.
1. Those employees who satisfy the requirement in "A" above and who use four (4) or less special leave days (subject to "B" below) during a subsequent work year shall earn one hundred twenty-five dollars ($125.00).
2. Those employees who satisfy the requirement in "A" above and who use two (2) or less special leave days (subject to "B" below) during a subsequent work year shall earn one hundred seventy-five dollars ($175.00).
B. Every two (2) unpaid leave of absence days shall be counted as one (1) day against eligibility for this benefit. The parties agree to monitor implementation of this dimension over the course of this contract to examine its appropriateness and continued future use.
C. Any money due employees under this Article shall be paid by July 31st following the work year in which the money was earned.
D. Members of the Bargaining Unit who enroll in and receive the Town of Plymouth Long Term Disability Insurance (LTD) plan will not be eligible for the Annual Special Leave Buy Back.
II. Special Leave Buy Back Upon Termination An employee who leaves the employ of the Plymouth Public Schools with not less than ten (10) years of continuous service, who has accumulated at least one half (1/2) of the employee’s total possible accumulated special leave, shall be entitled to the following special leave buy back:
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After 25 years of service 65% of accumulated days After 20 years of service 60% of accumulated days After 15 years of service 55% of accumulated days After 10 years of service 50% of accumulated days
Payment shall be made at the rate of thirty-five dollars ($35.00) per day for the appropriate percentage of the number of special leave days accumulated except for 25 years of service which will be paid at forty dollars ($40.00) per day. Members of the Bargaining Unit who qualify and enroll in the Town of Plymouth Long Term Disability Insurance (LTD) plan will not be eligible for the special leave buy back upon termination provision of this Article. A member of the Bargaining Unit who later declines coverage under the Town of Plymouth LTD plan shall be able to access the special leave buy back upon termination provision of this Article if he/she has declined LTD coverage for at least five (5) years prior to his/her termination.
ARTICLE XIV
EXTENDED LEAVES OF ABSENCE A. A leave of absence, without pay, of up to one (1) year may be granted for the purpose
of caring for a sick member of the employee's immediate family. Additional time may be granted at the discretion of the Superintendent.
B. Any eligible member of the Bargaining Unit whose personal illness extends beyond the period of compensation may be granted sick leave without pay for up to one school year for personal health reasons. Requests for such leave will be supported by appropriate medical evidence. As a condition of continuing approval, the member granted such leave will submit periodic medical reports. In no case will such time, both paid and unpaid, extend beyond a total of two (2) school years.
C. Maternity leave will be granted in accordance with Massachusetts General Laws, Chapter 149, Section 105D, all rulings and regulations of the appropriate state agencies.
D. If approved, unpaid FMLA (Family Medical Leave Act) leave petitioned for personal illness, family health care, or maternity purposes under defined Federal law, shall be concurrent and coterminous with other provided leaves herein, and except as provided below shall not be granted as added time. It is agreed that an FMLA leave would provide four (4) additional weeks of unpaid leave to a person who took a maternity leave pursuant to Massachusetts General Laws, Chapter 149, Section 105D. Such FMLA leaves, if approved, may be granted no more than once during any given year from July 1st through June 30th.
E. The employer agrees that one (1) member designated by the Association will, upon request, be granted a leave of absence, without pay, for the purpose of engaging in Association (local, state, or national) activities. In the event a member is on leave of
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absence for the purpose of serving as President of the Education Association of Plymouth and Carver, the following additional provisions shall apply:
a. The employer will issue the President's regular paycheck on a bi-weekly basis consistent with all other employees.
b. The EAPC will reimburse the employer on a quarterly basis during the course of the school year for the cost of the President's salary according to the wage and longevity schedule of the Collective Bargaining Agreement.
c. If the President is enrolled, the EAPC will reimburse the employer on a quarterly basis during the course of the school year for the cost of ten (10) months premium payments (excluding August and September following President's term) in the existing health and life insurance plan.
Upon return from such leave, a paraeducator will be considered as if he/ she were actively employed by the Committee during the leave and will be placed on the salary and longevity schedules at the level he/she would have achieved if he/ she had not been absent.
F. All benefits to which an employee was entitled at the time his/her leave of absence commenced, including unused special leave days, will be returned to him/her upon his/her return, and he/she will be assigned to the same position which he/she held at the time said leave commenced, if available, or if not, to a substantially equivalent position.
G. Additional extended leaves of absence, without pay, may be granted by the Superintendent.
H. The decision of the Superintendent shall not be subject to the Arbitration provision of this Agreement.
ARTICLE XV
PROTECTION
A. Employees will immediately report, in writing to their Principal, any personal injury
caused by an accident or an assault occurring in the course of their employment. They shall also comply with any other Committee policy for such occurrences.
B. This report will be forwarded to the Superintendent for action in accordance with Committee policy and/or applicable law.
C. The Committee will provide indemnification for employees provided by Chapter 258 of the General Laws of Massachusetts under the conditions set forth in that Section.
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ARTICLE XVI
INSURANCE AND ANNUITY PLAN A. The Employer will pay a percentage of the cost of the following types of insurance
coverage listed below for those employees who work twenty (20) hours or more per week. 1. Eighty percent (80%) of a term life insurance plan offered by the Town of
Plymouth. Additional, optional life insurance is available within the group plan at the employee’s expense.
2. Individual or family coverage of group health insurance provided by the Town of Plymouth for eligible employees. a. Effective July 1, 2016, the Town of Plymouth (“Town”) shall contribute 77.5%
(seventy-seven and a half percent) of the premium cost, and the subscriber shall contribute 22.5% (twenty-two and a half percent).
b. Effective June 30, 2018, the Town of Plymouth (“Town”) shall contribute 75% (seventy-five percent) of the premium cost, and the subscriber shall contribute 25% (twenty-five percent).
3. Except to the extent required by law, the Employer shall not be required to pay the premiums outlined above for those employees who are on a non-paid leave of absence.
B. The Employer and the Association agree to allow members of the bargaining unit to participate in the Town of Plymouth "Cafeteria Plan" established pursuant to Section 125 of the Internal Revenue Code.
C. The parties agree to mutually bargain over the impact of any Federal or State legislation or further local benefits and options that can materially affect health care coverage as currently constituted.
D. As permitted by Statute and approved by the insurance carrier, part-time employees may participate in the Group Health and Life Insurance program by paying the full amount of the cost of premiums for such insurance.
E. Employees will be eligible to participate in a tax-sheltered annuity plan established pursuant to appropriate Federal, State and Local law and local School Committee policy.
F. If an employee who qualified elects to enroll in the Town of Plymouth Long Term Disability Insurance (LTD) plan, he/she shall be subject to the Town’s conditions including any related to annual special leave accumulation, annual special leave buy back, and special leave buy back upon termination. See Article XIII of this Agreement.
G. No changes will be made to the health insurance benefits for active employees and/or future employees through the end of this collective bargaining agreement.
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ARTICLE XVII
DEDUCTIONS A. The Employer will continue to deduct from the salaries of employees dues for the
Education Association of Plymouth and Carver, the Massachusetts Teachers Association, and the National Education Association, as said employees individually and voluntarily authorize, in writing, the Employer to deduct, and to transmit the monies promptly to such Associations.
B. Employees will be eligible to participate in payroll deductions for direct deposit to banks and credit unions.
C. The Employer will make such other salary deductions as are agreeable both to the Association and the Employer.
ARTICLE XVIII
VOLUNTARY TRANSFERS Employees may submit a written request, no later than the close of any school year, to transfer to a vacant bargaining unit position for the following school year. The Superintendent will notify each employee who has filed such a request of the action taken with regard to the request for transfer.
ARTICLE XIX
INVOLUNTARY TRANSFERS A. In making transfers, the convenience and wishes of the individual employee will be
considered to the extent that these do not conflict with the best interests of the children of the school system.
B. When involuntary transfers are necessary, the employee's area of competence, field of study, if applicable, quality of performance, and length of service in the Bargaining Unit will be considered in determining which employee is to be transferred. Employees being involuntarily transferred will be transferred only to a comparable position, if possible.
An involuntary transfer will be made only after a meeting between the employee involved and the Superintendent or his/her designee, and the Association, if the employee requests it, at which time the employee will be notified of the reasons for the transfer. In the event that an employee objects to the transfer at this meeting, upon request of the employee, the Association will be notified, and the Superintendent or his/her designee, will meet with the Association's representatives to discuss the transfer.
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C. If more than one position is available to an employee or employees being involuntarily transferred, he/she/they may indicate a preference. If more than one employee is being involuntarily transferred, then consideration will be given to length of service in the Bargaining Unit and other relevant factors
D. Employees shall be given at least one (1) week's (7 calendar days) notice of any involuntary transfer, except in unusual circumstances.
E. Whenever open positions exist that may require the transfer of employees, the Superintendent, or his designee, will request that employees volunteer to transfer to these positions. The Superintendent, or his designee, will consider filling these positions from those qualified volunteers before initiating any involuntary transfers.
F. Paraeducators will not be involuntarily transferred to follow student/students from one school building to another without a discussion with his/her immediate supervisor. This will not apply to newly hired paraeducators specifically hired to follow a one-on- one student. (Newly hired will be those hired on or after the date of the ratification meeting of this contract.)
ARTICLE XX
LONGEVITY Each qualified employee in this unit shall receive an annual longevity payment in November based on the following schedule: A. Beginning in the fifth (5th) full year of service, the employee will receive two hundred
and fifty dollars ($250.00). B. In each subsequent full year of service beginning with the 6th year of service and
through the 13th year of service, the employee will receive an additional $25.00 annually.
C. In the employee's 14th year of service, the employee will receive six hundred and fifty dollars ($650.00).
D. In each subsequent year of service beginning with the employee’s 15th year of service, the employee will receive an additional $75.00 annually.
Paraeducator Longevity Schedule
Years of Service
Payment
5 $250 13 $450 21 $1,175 29 $1,775 6 $275 14 $650 22 $1,250 30 $1,850 7 $300 15 $725 23 $1,325 31 $1,925 8 $325 16 $800 24 $1,400 32 $2,000
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9 $350 17 $875 25 $1,475 33 $2,075 10 $375 18 $950 26 $1,550 34 $2,150 11 $400 19 $1,025 27 $1,625 35+ $2,225 12 $425 20 $1,100 28 $1,700
ARTICLE XXI
SENIORITY A. Seniority means an employee's continuous length of service in years, months and
days in the Bargaining Unit from her/his initial date of employment (not hiring) by the Employer.
B. In the event that two or more employees have the same initial date of employment,
lots will be drawn to establish the placement on the seniority list. C. Seniority shall continue to accrue during any time that an employee is on a paid leave
of absence. Seniority will not accrue while an employee is on any unpaid leave of absence.
D. There shall be two lists specifying the seniority of each member of the Bargaining Unit
prepared by the Employer. The first list shall include full-time employees and the second will include part-time employees. This list will include which category and program each employee is assigned as listed in Article XXII of this contract. An updated “Seniority List” that is inclusive of the entire current school year shall be supplied by the Employer to the President of the EAPC on or before March 15th of each year of the contract. Seniority is not transferable between school systems, different bargaining units, or from other unaffiliated school department positions.
ARTICLE XXII
REDUCTION IN FORCE For purposes of this article, all jobs will be placed into the following categories:
Category 1: Instructional Support Paraeducators: Moderate Special Needs, Classroom, IMC, Literacy, Computer, Vocational Category 2: Building Support Paraeducators: SAM, Security Receptionist, Science, Bus Monitor Category 3: Specialized Support Paraeducators: ADA, ASD, Basic Skills, CARE, Life Skills, Preschool, Project Growth, One to One, Bridge Program
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Category 4: Specialized Therapeutic Paraeducators: CNA/Health, Job Coach, Speech and Language Assistant, Certified Occupational Therapeutic Assistant, Physical Therapy Assistant, Registered Behavior Technician, and Applied Behavioral Analyst
If RIF occurs in any of the above-defined categories, layoff and recall will be by seniority within the jobs in each category. The following shall apply to full-time personnel:
1. A full-time employee reached for layoff shall be able to displace the least senior full- time employee in another job for a position which he/she is qualified.
2. A full-time employee reached for layoff who is eligible to displace the least senior full-time employee may at her/his discretion volunteer for layoff.
3. A full-time employee laid off from any one of the above categories will be recalled to any full-time open position in any other category for which the employee is qualified. An employee reached for recall will have ten (10) consecutive business days within which to respond.
4. A full-time employee who refuses recall to a full-time position shall be deemed to have terminated her/his employment relationship with the school system and shall have no further recall rights.
5. A full-time employee who is offered recall to a part-time position may refuse or accept the recall to the part-time position without losing her/his recall rights to a full- time position.
The following shall apply to part-time personnel:
1. A part-time employee reached for layoff shall be able to displace the least senior part-time employee in another job for a position which he/she is qualified.
2. A part-time employee reached for layoff who is eligible to displace the least senior part-time employee may at her/his discretion volunteer for layoff.
3. A part-time employee laid off from any one of the above categories will be recalled to any part-time open position in the above categories for which the employee is qualified. An employee reached for recall will have ten (10) consecutive business days within which to respond.
4. A part-time employee who refuses recall to a part-time position which involves greater than 50% of the number of hours formerly worked shall be deemed to have terminated her/his employment relationship with the school system and shall have no further recall rights.
5. A part-time employee who is offered recall to a full-time position or to a position which involves less than 50% of the hours formerly worked may refuse or accept the recall to the full-time position without losing her/his recall rights to a part-time position.
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Any laid off employee from one category will also be eligible for recall to any open position in another category in which the employee has successfully served for one full work year within this school system. Laid off full-time or part-time employees shall be placed on the recall list for a period of time equal to her/his length of continuous service, but under no circumstances more than one year.
ARTICLE XXIII
AGENCY FEE
The Employer agrees to require, as a condition of employment, that all employees covered by this Agreement, except those employees certified as members to the Employer by the Association, pay annually or by dues deduction to the Association, as of the thirtieth (30th) day subsequent to the effective date of this Agreement, or thirty (30) days subsequent to the execution of this Agreement, whichever is later, an Agency Service Fee equal to the amount required to become a member and remain a member in good standing of the exclusive bargaining agent to or from which membership dues are paid. Said amount will be certified annually to the Employer by the Association. To become a member and remain a member in good standing of the exclusive bargaining agent, an employee must become a member and remain a member in good standing of the Education Association of Plymouth and Carver, the Massachusetts Teachers Association, and the National Education Association. The Association shall save the Employer harmless against any claims that may arise out of action taken or not taken by the Employer for the purpose of complying with this Article.
ARTICLE XXIV MANAGEMENT RIGHTS
1. The parties recognize that the Committee is a public body established under and with
powers provided by the General Laws of the Commonwealth of Massachusetts, and nothing in this Agreement shall derogate from those powers and responsibilities of the Committee and the Superintendent. The Committee and the Superintendent retain those rights, powers, and duties they have now, may be granted, or have conferred upon them by the General Laws of the Commonwealth.
The parties further recognize and agree that, except as otherwise specifically relinquished, abridged, or limited by terms or provisions of this Agreement, the Committee and the Superintendent continue to retain, whether exercised or not, the right, power and authority to exercise the duties, powers, responsibilities and rights provided by the Laws of Massachusetts and applicable rules and regulations of administrative agencies issued under such laws.
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2. The Association recognizes that the Committee has responsibility for establishing and implementing educational policies of the public schools covered by this Agreement, for the management of such schools, and the direction of their operation.
3. No action taken by the Superintendent or the Committee with respect to such rights and responsibilities shall be subject to the Arbitration provisions of the Agreement unless such action violates a provision or provisions of the Agreement.
4. Consistent with the Collective Bargaining Agreement, the Superintendent shall have the right and responsibility for the management of the affairs of the school system and the direction of the working forces including, for example, the following:
4.1 To determine the care, maintenance and operation of the equipment and
property used for and on behalf of the purposes of the Committee. 4.2 To establish or continue policies, practices, and procedures for the conduct of
the Committee's business and from time to time, change or abolish such policies, practices, and procedures, provided such policies, practices, and procedures or the change or abolition thereof do not violate a provision or provisions of the Agreement.
4.3 To determine work schedules and assignments of employment. 4.4 To select and determine the number and types of employees required to perform
the Committee's operations, and to determine the qualifications of the employees it hires.
4.5 To evaluate the employee's work performance, subject to the parties' collective bargaining obligations pursuant to Chapter 150E of the Massachusetts General Laws or other applicable law.
4.6 To employ, transfer, or demote employees, or to lay off, terminate, or otherwise remove employees from duty for lack of work or other legitimate reasons in accordance with the Collective Bargaining Agreement and the law.
4.7 To determine and from time to time adjust the duties and responsibilities of employees consistent with this Agreement and the law.
The listing of the specific rights of Management in this Article is not intended to be nor shall be considered restrictive of any other rights of the Committee and the Superintendent provided by the law and/or this Agreement.
ARTICLE XXV
SEPARABILITY If any provision or provisions of this Agreement or the application thereof to any employee or group of employees covered by this Agreement shall be found contrary to law, then such provision or application shall not be deemed valid and subsisting, except to the extent permitted by law, but all other provisions and applications will continue in full force and effect. The parties recognize and agree that the provisions of this
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Agreement are intended to be construed in accordance with the terms of the Massachusetts Education Reform Act of 1993 and any subsequent mandatory amendments thereto. It is the parties' intention that the obligations of this Agreement continue to be fulfilled even though statutory powers to act may have been delegated to and must be exercised by persons or entities other than those expressly named herein. If any provision or application of this Agreement is found to be unlawful, the Parties agree to negotiate concerning the impact of that determination.
ARTICLE XXVI
CONTINUITY OF OPERATIONS No employee nor the employee organization shall engage in a strike as defined in Massachusetts General Laws, Chapter 150E, and no employee nor the employee organization shall induce, encourage, or condone any strike, work stoppage, slowdown, or withholding of services by such employee(s). Any employee who engages in a strike shall be subject to discipline and/or discharge proceedings by the Employer. The Employer reserves the right to bring action for a violation of this Article by means of the arbitration provisions of this Agreement and/or by means of any other action permissible by law.
ARTICLE XXVII
CONFIDENTIALITY
All employees are required to maintain confidentiality of information as appropriate. Confidential information includes all information in any form, e.g. written, electronic, oral, overheard or observed, identified as confidential by any law, regulation, School Committee policy or by the Superintendent of Schools. No confidential information shall be disclosed, published, revealed or divulged by a school department employee except as specifically authorized by law, regulation, School Committee policy or by the Superintendent of Schools, or his designee. Access to confidential information is on a need to know basis; that is, information that is required in order to perform the duties of the employee’s job.
ARTICLE XXVIII
GENERAL A. Members of the Bargaining Unit are responsible for adherence to the Drug Free
Workplace Policy of the Committee as further modified by law or by subsequent policy amendments by committee. (See Appendix B)
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B. The Employer will, upon request, provide the Association with any relevant available information which is reasonably necessary in the preparation for the conduct of negotiations or in the processing of grievances, in accordance with Massachusetts General Laws, Chapter 150E.
C. The cost of printing this Agreement will be borne equally by the Association and the Employer.
D. Employees who are required to use their automobile in the course of their employment will be reimbursed at the current applicable rate of the Town.
E. This Agreement constitutes the entire agreement of the Committee and the Association arrived at as a result of collective bargaining negotiations, except such amendments hereto as shall have been reduced to writing and signed by the Parties. Failure by the Association and/or the Employer in one or more instances to enforce any provision or provisions of this Agreement shall not be construed as a waiver of said provision or provisions.
F. When required by the employer for the position held and with approval of the building principal in advance, the Employer agrees to reimburse employees for one hundred percent (100%) of the costs incurred (including fees, meals, lodging, and/or transportation), in taking a course, licensure test, professional development workshop, seminar, conference, or other professional improvement session. This includes preparation for and successful completion of the “Para Pro” or “WorkKeys” licensure test. The Employer agrees that in the event it is necessary for the Employee to take the licensure test on a regular workday, the Employee will receive pay for his/her regularly scheduled work hours on that day.
G. The Employer will reimburse employees for eighty percent (80%) of the costs assessed by the course provider, not including travel, room, board, books, and materials, of three (3) academic courses per fiscal year satisfactorily completed pursuant to conditions described in this section. The maximum amount of reimbursement an employee may receive per fiscal year shall be one thousand two- hundred dollars ($1,200). The Committee’s annual liability for course reimbursement shall not exceed fifteen thousand dollars ($15,000.00).
In order to be eligible for reimbursement, employees must: 1. Submit a reimbursement request (Appendix C) in writing to the Superintendent of
Schools or his/her designee to obtain pre-approval of the course. The request shall include the endorsement of the Department Head or Building Principal to which the applicant is assigned.
2. Provide a statement in writing describing how the course will improve the applicant’s performance in her/his particular assignment or how it is beneficial to the school system as a whole.
3. Provide evidence of successful course completion including a transcript where available.
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It is further agreed that the decision of the Superintendent of Schools or his/her designee with respect to providing reimbursement to an employee pursuant to this Section of Article XXVIII shall be final and shall not be subject to the grievance and arbitration provisions of this Agreement.
I. The Employer agrees to provide the Association with job descriptions of record for the positions in the Bargaining Unit.
J. All employees will complete a fingerprint test, upon hiring, in accordance with M.G.L. c. 71, §38R and 42 U.S.C. §16962, and in accordance with all applicable state and federal rules and regulations, and in compliance with M.G.L. c. 6, §§ 167-168 and 803 CMR §§ 2.00, et. seq. Any and all personnel actions, resulting from information acquired from a fingerprint report shall be conducted in compliance with the Collective Bargaining Agreement.
K. All employees will complete and sign a CORI request form and submit to a CORI check at least every three years as required by MGL Chapter 71 Section 38R. Any and all personnel actions resulting from information acquired from a CORI report shall be conducted in compliance with the Collective Bargaining Agreement as well as all State and Federal laws and all regulations promulgated under those laws.
L. The District will provide access to existing professional development to all members of this unit, unless District-wide budget constraints make it fiscally unfeasible. Attendance will be voluntary unless required by School Administration for a particular position. If the required professional development is offered outside of a member’s work schedule, the member’s hourly wage will be paid. A Professional Development Committee consisting of three (3) members chosen by the Association and an equal or lesser number of representative/s from Administration will meet every year by the end of April to discuss professional development training for the next year of the contract. The final decision on professional development training shall be made by the Superintendent. Professional development training will be scheduled by Administration.
M. Part-time paraeducators will be allowed to voluntarily attend professional development courses offered to teachers on a space available basis. They will receive PDP’s for attendance at these courses.
N. If another bargaining unit in the Town of Plymouth receives salary and/or wage increases greater than six percent (6%) during FY19 through FY21 then the Committee agrees to enter into negotiations with the EAPC for the purposes of negotiating salary increases. This provision will survive execution of the Collective Bargaining Agreement.
ARTICLE XXIX
NONDISCRIMINATION
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A. There will be no reprisals of any kind taken against any unit member by reason of his/her membership in the Association or participation in its lawful activities.
B. The Employer and the Association agree to continue their policy of non- discrimination in compliance with all State and Federal laws as well as all regulations promulgated under those laws.
ARTICLE XXX
HEALTH AND SAFETY The Committee and the Association are committed to maintaining a safe and healthful workplace. Employees who identify health and safety issues should bring them to the attention of their building Principal. If the issue remains unresolved after a reasonable period of time, it should be referred to the Superintendent, who will respond in writing within fourteen (14) days. If the employee is still not satisfied, the matter may be brought to the attention of the School Committee.
ARTICLE XXXI
WAGE SCHEDULE & WAGE PROVISIONS
The following provisions are understood to accompany this salary schedule. A. Increments and salary adjustments are not to be considered automatic; they shall be
reviewed annually and approved by the Superintendent. Among the factors to be considered by the Superintendent in making his decision shall be the attendance record of the employee. Any employee whose increment or salary adjustment is withheld shall be advised of that action in writing, on or before April 15th of the prior work year. If the recommendation to withhold an increment or salary adjustment is approved by the Superintendent, the employee shall be entitled to have the decision to withhold an increment or salary adjustment reviewed by the Superintendent prior to the close of the work year in which the notice was given. If the increment or salary adjustment is withheld, a decision whether to reinstate one-half (1/2) of the increment or salary adjustment will be made by January 31st of the year in which it is withheld. A similar decision regarding reinstating the second one-half (1/2) of the increment or salary adjustment will be made prior to the close of school during the work year in which the increment or salary adjustment is withheld. The Employer agrees that increments and/or salary adjustments shall not be unreasonably withheld.
B. The School Committee agrees that it will include in its budget requests for each year of the Agreement, sufficient monies to fully fund the economic provisions of this Agreement and submit such budget requests to the appropriate Town Meeting in
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Plymouth for funding. In the event that the submitted budget is not fully funded in any year of the Agreement, the parties to this Agreement agree to negotiate over the impact of that failure to fully fund. Following these negotiations, if the School Committee determines that they cannot fully honor the general wage increase of this Agreement, the parties will reopen the entire Agreement for negotiations for the year in which the budget was not fully funded.
C. The School Department will determine initial step on the pay scale based on experience and needs of the District.
D. A stipend of fifteen hundred dollars ($1500.00) will be paid over twenty-two (22) equal installments to that classroom paraeducator who supports a blind classroom teacher.
E. Members of the Bargaining Unit not listed in Category 3 of the Wage Schedule who perform personal care responsibilities involving students shall be paid an additional two dollars ($2.00) per hour for providing such care. In addition, members of the Bargaining Unit not listed in Category 3 of the Wage Schedule who are subject to repeated exposure to bodily fluids as a result of behaviors such as, but not limited to, spitting, biting and/or scratching shall be paid an additional two dollars ($2.00) per hour. The exposure to bodily fluids and behaviors such as those listed above must occur routinely and are noted in the Student’s Individualized Education Program or Behavior Plan as developed by the Special Education Team. Documentation such as, but not limited to Nurse’s records, behavioral plans, repeated use of restraint along with a written request by the member will be considered in regards to eligibility. The pay differential will be recommended by the Team Chairperson and subject to approval by the Program Manager and the Director of Special Needs. Eligibility will be renewed on a yearly basis, as approved by the Team Chairperson and/or the Director of Special Needs. Paraeducators assigned to the TLC program will be paid on a Category 3 wage schedule for all hours worked while performing tasks associated with Category 3 with the approval of the employee’s immediate supervisor. Such approval shall not be unreasonably withheld. If an employee is required to fulfill the responsibilities involving personal care and exposure to bodily fluids on a temporary basis, the employee shall be paid the additional two dollars ($2.00) per hour. The determination of eligibility for the additional hourly wage for that time period may be recommended by the TEAM Chairperson. The determination of eligibility for additional hourly wage shall not be subject to the arbitration of the Agreement. All members of the Bargaining Unit who are listed in Category 3 of the Wage Schedule shall be given appropriate restraint training at all grade levels.
F. Only when requested by the Administration or Principal to do so, a paraeducator normally scheduled to work who accompanies students on a field trip which extends beyond the regular time for the paraeducator’s work day shall be paid for that additional time at his/her regular hourly rate.
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Category 2 - Building Support Paraeducators: SAM, Security Receptionist, Science, Bus Monitor
2018-19
2019-20
(2% Increase)
(2% Increase)
Step Hourly Rate Step Hourly Rate 1 $12.73 1 $14.11 2 $13.83 2 $15.51 3 $15.21 3 $16.68 4 $16.35 4 $17.59 5 $17.25 5 $19.11 6 $18.74 6 $19.49 7 $19.10 7 $19.88
2020-21
2020-21
No Step Progression
No Step Progression
(New Step 7)
Step Hourly Rate Step Hourly Rate 1 $15.82 1 $17.01 2 $17.01 2 $17.95 3 $17.95 3 $19.49 4 $19.49 4 $19.88 5 $19.88 5 $20.28 6 $20.28 6 $20.69 7 $20.69 7 $21.10
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Category 3 - Specialized Support Paraeducators (Categories 1 & 2 plus $2.00): ADA, ASD, Basic Skills, CARE, Life Skills, Preschool, Project Growth, One-to-One, Bridge Program
2018-19
2019-20
(2% Increase)
(2% Increase)
Category 3
Step Hourly Rate Step Hourly Rate 1 $14.73 1 $16.11 2 $15.83 2 $17.51 3 $17.21 3 $18.68 4 $18.35 4 $19.59 5 $19.25 5 $21.11 6 $20.74 6 $21.49 7 $21.10 7 $21.88
2020-21
2020-21
No Step Progression
No Step Progression
(New Step 7)
Step Hourly Rate Step Hourly Rate 1 $17.82 1 $19.01 2 $19.01 2 $19.95 3 $19.95 3 $21.49 4 $21.49 4 $21.88 5 $21.88 5 $22.28 6 $22.28 6 $22.69 7 $22.69 7 $23.10
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2018-19
2019-20
2020-21
Category 4
Step Hourly Rate Step Hourly Rate Step Hourly Rate 1 $28.75 1 $29.33 1 $29.92 2 $29.49 2 $30.08 2 $30.68 3 $30.24 3 $30.85 3 $31.46 4 $31.02 4 $31.64 4 $32.27 5 $31.81 5 $32.45 5 $33.10 6 $32.63 6 $33.28 6 $33.95 7 $33.47 7 $34.14 7 $34.82
ARTICLE XXXII
DURATION The provisions of this agreement will be effective as of July 1, 2018 and will continue through June 30, 2021. IN WITNESS HEREOF, the duly authorized representatives of the Parties hereby affirm their agreement. ______________________________ ____________________________ Dr. Gary E. Maestas Thomas Pinto Superintendent of Schools President, EAPC For the Plymouth School Committee For the Association _______________________________ ____________________________ Date Date
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Para Educator: ______________________________________________ Date: ______________________ School: ________________________________ Evaluator: ________________________________________
Instructional Support Building Support Specialized Support Specialized Therapeutic Rating Key: Proficient Performance consistently and effectively meets job requirements Needs Improvement Performance where improvements are needed to meet some significant requirements Unsatisfactory Performance does not meet job requirements Note – evaluator suggestions for improvement are required in Comments Section for all ratings of NI and U
P NI U NA 1 Displays dependability (attendance and punctuality) 2 Maintains a professional demeanor 3 Understands job requirements, expectations and responsibilities
4 Fulfills responsibilities and takes initiative to ensure the overall high quality of services provided, especially with students
5 Performs assigned tasks at a high level of consistency and reliability 6 Implements procedures, strategies and protocols, including new initiatives 7 Encourages student effort and participation
8 Works as a member of a "Team" to provide services as delineated in the IEP of student(s) with identified needs to access the curriculum and to participate in school programs
9
Demonstrates competency in skills related to position including: a. preparing/distributing internal/external correspondence b. answering/routing telephone calls c. operating office equipment d. maintaining files/records
10 Interacts with students, staff, and community members in a professional manner
11 Accepts and acts upon constructive suggestions, responds and follows through on assignments and requests
12 Communicates effectively and maintains cooperative and collaborative relationships
13 Demonstrates confidentiality and professional communication 14 Demonstrates flexibility in working with staff and students
15 Seeks ways to improve skills through ongoing professional development and applies new knowledge and skills
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__________________________________________ _______________________________ Evaluator (Principal /Administrator) Date
I have received a copy of the above evaluation and have had an opportunity to discuss it with my immediate supervisor. I understand that my signature only indicates that I have received and read this evaluation. __________________________________________ _______________________________ Para Educator Date Optional Para Educator Response (within 10 days of receipt) ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ Separate Response Page attached
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PLYMOUTH PUBLIC SCHOOLS
DRUG-FREE WORKPLACE ACT
The Plymouth Public Schools have recognized the importance of maintaining a workplace which is drug- and alcohol-free to enhance the welfare of employees and students. The federal law, the Drug-Free Workplace Act of 1988 requires the Plymouth Public Schools to certify that they maintain a drug-free workplace as a condition of receiving federal grants and contracts. The requirements of this law give the Plymouth Public Schools the opportunity to reaffirm the following policy and their commitment to a workplace free of drugs and alcohol.
It is the policy of the Plymouth Public Schools to maintain an alcohol-free and drug-free workplace. The unlawful manufacture, distribution, dispensation, possession or use of controlled substances or alcohol is prohibited while on duty or on school department property. Any violations of this policy will be grounds for disciplinary action up to and including immediate suspension and dismissal.
It is a condition of employment that each employee abide by this policy and notify the Superintendent of Schools of any violation of this Drug-Free Workplace policy within five (5) days. The Plymouth Public Schools have an obligation to notify the appropriate federal agency within ten (10) days of receiving such a notice of conviction. The Superintendent of Schools will take disciplinary action up to and including a recommendation to the School Committee that the employee be dismissed from employment.
Leg.Ref.: US Code Title 41, Chapter 10
Revision: Revision: Information: April 9, 1990 Elementary Information: Nov. 7, 1994 Information: Oct.4, 2004 Information: April 10, 1990 Regional Discussion: Dec. 19, 1994 Discussion: Oct. 4, 2004 Discussion: April 17, 1990 Joint Discussion: Feb. 6, 1995 Discussion: Aug. 21, 2006 Approval: April 17, 1990 Joint Approval: Feb. 6, 1995 Approval: Aug. 21, 2006
Review: Revision: Information: Feb. 7, 2011 Information: Nov. 3, 2014 Discussion: Feb. 7, 2011 Discussion: Nov. 3, 2014 Approval: Feb. 7, 2011 Approval: Nov. 3, 2014
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PROTECTION
LONGEVITY
NONDISCRIMINATION
A. There will be no reprisals of any kind taken against any unit member by reason of his/her membership in the Association or participation in its lawful activities.
ARTICLE XXX