AGREEMENT
BETWEEN
HAMPSHIRE EDUCATIONAL COLLABORATIVE, INC.
AND
SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 509
TABLE OF CONTENTS
Article No.
Description
Page(s)
1
Recognition
1
2
Definitions
2
3
Union Security
2–4
4
Union Business
5
5
Electronic Communications
5–6
6
Non-Discrimination
6
7
Sexual Harassment
6–8
8
Management Rights
9
9
Zipper Clause
9 – 10
10
Salary
10 - 11
11
Salary Scale
11
12
Out of Title Work
11
13
Orientation
12
14
Professional Development and
Educational Improvement
12
15
Evaluations
13
16
Primary Responsibilities
13
17
Continual Quality Improvement
14
18
Hours of Work
14
19
School Year / Work Year /
Summer Schedule
15 - 16
20
Snow Policy
16
21
Disciplinary Action
16 - 17
Article No.
Description
Page(s)
22
Grievance Procedure
17 - 19
23
No Strikes – No Lockouts
20
24
Length of Service
20
25
Transfers
21
26
Filling of Vacant Positions
21 - 22
27
Reduction-In-Force Or Hours
22 - 24
28
Recall
24 - 25
29
Insurances
25 - 26
30
Leave Without Pay
26 - 27
31
Sick Leave
27 - 28
32
Vacations
29
33
Personal Days
29
34
Bereavement Leave
30
35
Military Leave
30
36
Jury Duty
30 - 31
37
Personnel Files
31
38
Business Travel / Expense Reimbursement 31 - 32
39
Savings Clause
32
40
Successor Employer
32
41
Duration
33
AGREEMENT
PREAMBLE
This Collective Bargaining Agreement entered this ____ day of _____________, 2010, by the
Hampshire Educational Collaborative (“Employer”) and the Service Employees International
Union (SEIU), AFL-CIO Local 509 hereinafter referred to as the “Union”, and has as its
purpose the promotion of harmonious relations between the Union and the Employer.
ARTICLE 1
RECOGNITION
Section 1:
The Employer recognizes the Union as the exclusive collective bargaining representative of
employees of the Hampshire Educational Collaborative in the following job titles:
Unit A:
All full-time and regular part-time professional employees employed by
Hampshire Educational Collaborative in programs in institutional settings,
including in the Special Education in Institutional Settings (SEIS) and the
Department of Youth Services (DYS) programs including Adaptive Designer, Art
Teacher, Assistive Technology Specialist, Content Teacher, Education Liaison,
Evaluation Team Liaison, HIV Counselor, Instructional Coach, Library/Media
Specialist, Music Therapist, Occupational Therapist, Physical Therapist, Special
Education Teacher, Speech Language Pathologist, Student, Services Coordinator,
Substance Abuse Counselor, Teacher, Teaching Coordinator, Title One Teacher;
and excluding supervisors, managerial and confidential employees including
Professional Development/Curriculum Coordinator, Director of DYS Professional
Development, Education Data Systems Specialist, Education Data Specialist,
Regional Education Coordinator, Host Agency Coordinator, Associate Director of
Education, Transition Coordinator, Project Director, Title One Supervisor,
Evaluation Team Liaison Coordinator.
Unit B:
All full-time and regular part-time non-professional employees employed by
Hampshire Educational Collaborative in programs in institutional settings,
including in the special Education in Institutional Settings (SEIS) and the
Department of Youth Services (DYS) programs including Administrative
Assistant (at Mass Hospital School), Physical Therapy Aide, Program Support,
Special Services Coordinator, Teacher Aide, Teacher Aide Coordinator,
Transportation/Lunch Monitor and excluding supervisors, managerial and
confidential employees including Executive Assistant, Administrative Assistant,
Professional Development/Curriculum Coordinator, Director of DYS Professional
Development, Education Data Systems Specialist, Education Data Specialist,
Regional Education Coordinator, Host Agency Coordinator, Associate Director of
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Education, Transition Coordinator, Project Director, Title One Supervisor,
Evaluation Team Liaison Coordinator.
As certified by the Division of Relations in its Certification of Representation
dated November 4, 2008 (Case No. WMAM-08-1020). The parties have also
agreed to add the Physical Education and Wellness Teacher as included in Unit A.
ARTICLE 2
DEFINITIONS
Section 1 – Regular Full-Time Employee:
A Regular Full-Time Employee is an employee in a classification covered by this Agreement
and who works a regular schedule of at least forty (40) hours per week. Regular Full-Time
Employees are eligible for full employee benefits detailed in this Agreement.
Section 2 – Regular Part-Time Employee:
A Regular Part-Time Employee is an employee in a classification covered by this Agreement
and who works a regular schedule of at least twenty (20) hours per week but fewer than forty
(40) hours per week. Regular Part-Time Employees are eligible for employee benefits as
detailed in this Agreement. Proration applies for sick, personal and vacation time if eligible.
Section 3 – Other Part-Time:
A Part-Time Employee who regularly works a schedule of less than twenty (20) hours per
week. Such employees are not eligible for employee benefits, except as required by federal or
state law.
Section 4 - Temporary Employee:
A Temporary Employee is an employee who is hired for a limited period of time, normally
not to exceed six (6) months, to fill a specific need. Temporary Employees are not in the
bargaining unit and are not covered by this Agreement. These employees shall not be hired in
lieu of regular full-time or regular part-time employees.
Section 5 – Substitute:
A Substitute is an employee who is hired to work on an as-needed basis. Substitutes are not
in the bargaining unit and are not covered by this Agreement. These employees shall not be
hired in lieu of regular full-time or regular part-time employees.
ARTICLE 3
UNION SECURITY
Section 1 – Union Membership or Agency Service Fee
All employees covered by this Agreement shall be eligible for Union membership to the
extent of tendering membership dues uniformly required of all members of the Union.
Employees shall, as a condition of employment, within thirty (30) days of the effective date of
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this Agreement, or within thirty (30) days after the date of hire, whichever is later, either (a)
acquire and maintain membership in the Union in good standing; or (b) tender to the Union a
service fee in an amount that is proportionally commensurate with the cost of collective
bargaining and contract administration and calculated in accordance with the provisions of
Chapter 150E and regulations adopted thereunder.
Upon failure of an employee to tender the required dues or Agency service fee, the Union
shall notify the Employer and employee in writing of such failure, and the Employer within
thirty (30) days of receipt of such notice will terminate such employee unless the employee
tenders the dues or service fee to the Union or makes arrangements to do so.
Section 2 – Payroll Deductions
A.
Union Dues
An employee may consent in writing to the authorization of the deduction of Union dues
from his/her wages and to the designation of the Union as the recipient thereof. Such
consent shall be in a form acceptable to the Employer, and shall bear the signature of the
employee. An employee may withdraw his/her Union dues check-off authorization by
submitting a signed form, acceptable to HEC, to the Human Resources Department at
least sixty (60) days in advance of the effective date.
B.
Agency Service Fee
An employee may consent in writing to the authorization of the deduction of an agency
fee from his/her wages and to the designation of the Union as the recipient thereof.
Such consent shall be in a form, acceptable to the Employer, and shall bear the signature
of the employee. An employee may withdraw his/her Agency Service Fee check-off
authorization by submitting a signed authorization form, acceptable to HEC, to the
Human Resources Department at least sixty (60) days in advance of the effective date.
C.
Transmittal
HEC will transmit the Union Dues or Agency Service Fee funds to the Union Treasurer
within thirty (30) days after the last pay date in which the deduction is made. Copies of
the dues and agency service fee deduction forms are attached to this Agreement as
Appendix A. With each such remittance, the Employer will provide the Union
electronically in a spreadsheet with the following information:
•Last Name
•First Name
•Dues or Agency Fee Pay Period
•Gross Wages for Submission Period
•Last four digits of the employee’s social security number
•Amount of dues, Agency fee and COPE deduction
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Section 3 – Rights and Benefits:
All members of the bargaining units shall be entitled to representation and to all the rights and
benefits provided under this Agreement without regard to their membership, nonmembership, or agency fee status within the Union or its affiliates.
Section 4 – Hold Harmless
It is specifically agreed that HEC assumes no obligation, financial or otherwise, arising out of
the provisions of this Article and the Union agrees that it will indemnify and hold HEC
harmless from any and all claims, demands, liability, costs, or damages arising from or related
to this Article.
Section 5 – Employer Provision of Information
At the time of the execution of the initial collective bargaining agreement, the Employer will
electronically forward to a designated union official the following information for each
bargaining unit employee:
•Last Name
•First Name
•Home Address
•Gender
•HEC Date of Hire
•Funding Source (DYS, SEIS)
•Work Location
•Last four digits of the social security number
•HEC e-mail address
Thereafter, on a monthly basis, the Employer will provide the Union electronically in a
spreadsheet with a list of work location transfers and the above listed information for all new
hires and a list of terminated employees with their date of termination.
Section 6
A.
An employee may consent in writing to the authorization of the deduction of a
political education fund fee from his/her wages and to the designation of the Union as the
recipient thereof. Such consent shall be in a form acceptable to the Employer and shall bear
the signature of the employee. An employee may withdraw his/her political education fund
fee authorization by giving at least sixty (60) days’ notice in writing to the Employer.
B.
The Employer shall deduct such political education fund fee from the pay of the
employees who request such deduction and shall transmit deductions to the Treasurer of the
Union together with a list of employees whose political education fund fees are transmitted
provided that the Union is in conformity with the requirements of Section 4 of this Article.
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ARTICLE 4
UNION BUSINESS
A.
Union Use of Premises
The Employer agrees to make a good faith effort to identify a location at each worksite for
either a bulletin board or employee mailbox, subject to the approval of the Commonwealth or
Vendor Facility Manager. When neither is available at a site, the Employer, to the extent
allowed by the facility, shall make available a 3-ring binder for the dissemination of
information pursuant to this subsection. The Union agrees that when such space is made
available, it shall not be used for the posting or disseminating of material which is abusive or
offensive or which defames HEC, its employees, managers, students or agents. All notices
shall be on Union stationery, signed by an official of the Union and shall only be used to
notify employees of matters pertaining to Union affairs. The notices may remain posted for a
reasonable period of time.
B.
Union Representation
The Union agrees to elect and the Employer agrees to recognize Stewards per the Union
Constitution, but in no case more than one (1) Steward per ten (10) employees. The Stewards,
as agents of the Union, may discuss and present grievances in accordance with the provisions
of this Collective Bargaining Agreement. Stewards shall not be compensated by the
Employer for their duties as Union Stewards. However, Stewards in the discretion of
management may be allowed to process grievances or attend Weingarten disciplinary
investigations during work time. In exercising this discretion, the Supervisor will not be
arbitrary and will base his/her decision on the operational needs of the Employer.
The Union will furnish the Employer with the Stewards’ names and shall as soon as possible
notify the Employer of any change. No Steward shall be recognized by the Employer until
such written notification of his/her appointment has been received by the Employer from a
duly authorized officer of the Union.
C.
The Employer agrees that it will not object if the Union arranges directly with the
Commonwealth or Vendor Facility Manager for the use of a conference room during after
work hours.
ARTICLE 5
ELECTRONIC COMMUNICATIONS
1.
The Union may send e-mail communications to members of the bargaining unit
notifying them of Union meetings, Union elections and/or Union educational, social or
recreational activities. No e-mails may be sent that are inconsistent with the
educational mission of the collaborative. Union e-mails shall not contain any graphics
or pictures of any nature. No material shall be forwarded by the Union that is
inflammatory, profane, obscene, or defamatory of HEC, its representatives/agents,
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employees, managers, students or any of its funding sources or which constitutes
election campaign materials for or against any person, organization or faction thereof.
The Union will only send e-mails to its members using the blind carbon copy function
(BCC)". Union e-mails to employees shall be of reasonable length and frequency.
2.
E-mails from the Union shall not be used to advocate for or against any candidate for
public office or for or against any legislation or ballot question.
3.
The Union agrees to copy HEC’s Director of Human Resources on all mass
e-mails.
ARTICLE 6
NON-DISCRIMINATION
The Employer and the Union agree that they will not discriminate against any employee in
violation of any law on the basis of disability, race, color, religious beliefs, national origin,
sex or sexual orientation (including gay, lesbian, bisexual and transgendered individuals),
marital status, age, veteran status, mental illness, union activity, or political belief activity.
ARTICLE 7
SEXUAL HARASSMENT
Section 1: HEC, its employees and the Union recognize that all employees, students and
others we serve have the right to participate in a workplace environment free from all forms
of discrimination and harassment, including but not limited to harassment based on sex,
sexual orientation (including gay, lesbian, bisexual and transgendered individuals), race,
religion, national origin, disability, age or veteran status.
Section 2: Harassment and discrimination create an intimidating, hostile and offensive work
environment and will not be tolerated. Such behavior will result in disciplinary action up to
and including termination.
Section 3: Definition of Sexual Harassment: The legal definition for sexual harassment is
this: “sexual harassment” means sexual advances, requests for sexual favors, and verbal or
physical conduct of a sexual nature when:
A
submission to or rejection of such advances, requests or conduct is made either
explicitly or implicitly a term or condition of employment or as a basis for
employment decisions; or
B
such advances, requests or conduct have the purpose or effect of unreasonably
interfering with an individual’s work performance by creating an intimidating, hostile,
humiliating or sexually offensive work environment.
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Under these definitions, direct or implied requests by a supervisor for sexual favors in
exchange for actual or promised job benefits such as favorable reviews, salary increases,
promotions, increased benefits, or continued employment constitutes sexual harassment.
The legal definition of sexual harassment is broad and in addition to the above examples,
other sexually oriented conduct, whether it is intended or not, that is unwelcome and has the
effect of creating a work place environment that is hostile, offensive, intimidating, or
humiliating to male or female workers may also constitute sexual harassment.
While it is not possible to list all those additional circumstances that may constitute sexual
harassment, the following are some examples of conduct, which if unwelcome, may constitute
sexual harassment depending upon the totality of the circumstances including the severity of
the conduct and its pervasiveness:
•
Unwelcome sexual advances – whether they involve physical touching or not;
•
Sexual epithets, jokes, written or oral references to sexual conduct, gossip
regarding one’s sex life, comment on an individual’s body, comment about an
individual’s sexual activity, deficiencies, or prowess;
•
Displaying sexually suggestive objects, pictures, cartoons;
•
Unwelcome leering, whistling, brushing against the body, sexual gestures,
suggestive or insulting comments;
•
Inquiries into one’s sexual experiences; and
•
Discussion of one’s sexual activities.
Harassment can occur in a variety of circumstances. For example:
●
The victim as well as the harasser may be a woman or a man. The victim does
not have to be of the opposite sex.
●
The harasser can be the victim’s supervisor, an agent of the employer, a
supervisor in another area, a co-worker or a non-employee.
●
The victim does not have to be the person harassed but could be anyone
affected by the offensive conduct.
All employees should take special note that, as stated above, retaliation against an individual
who has complained about sexual harassment, and retaliation against individuals for
cooperating with an investigation of a sexual harassment complaint is unlawful and will not
be tolerated by the Collaborative.
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Section 4 – Complaint Procedure: Each employee must keep the workplace free of
unlawful harassment. If an employee is being harassed, he/she should tell the harasser to stop
and that his/her advances, comments, or gestures are unwelcome and offensive. If the
conduct does not stop, the employee should:
a.
Report the complaint to the immediate supervisor or if the employee is uncomfortable
with the supervisor, then to Mary Knight, Human Resources Specialist (413) 586-4900, (Ext.
106) hr@collaborative.org or Mike Ciesla, Chief Financial Officer (Ext. 103)
mciesla@collaborative.org.
b.
The incident will be promptly and thoroughly investigated by management.
c.
The investigation will be conducted in such a way as to maintain confidentiality to the
extent practicable under the circumstances.
d.
Upon completion of the investigation, a determination will be made by management
regarding resolution of the case. To the extent appropriate, the employee filing the complaint
and the person alleged to have committed the conduct will be informed as to the results of the
investigation.
e.
If the investigation substantiates the complaint, the employer will take action to
correct the situation, including, where appropriate, disciplinary action up to and including
termination.
f.
If the investigation reveals that a false accusation was made, the parties involved will
be subject to disciplinary action up to and including termination.
Section 5:
Government agencies responsible for investigating complaints of harassment are:
1.
Massachusetts Commission Against Discrimination (“MCAD”)
Boston Office: One Ashburton Place, Room 601, Boston, MA 02108
Tel: (617) 727-3990.
2.
United States Equal Employment Opportunity Commission (EEOC)
One Congress Street, 10th Floor
Boston, MA 02114
Tel: (617) 565-3200
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ARTICLE 8
MANAGEMENT RIGHTS
All management functions, rights and responsibilities which the Employer has not expressly
modified or restricted by a specific provision of this Agreement are retained and vested
exclusively in the Employer including, but not limited to: all rights and powers given the
Employer by law; the right to manage the Collaborative’s business and property and to direct
the workforce; to establish and administer policies and procedures relating to education,
training, operations, services and maintenance of the Employer; to determine educational and
professional standards; to reprimand, suspend, discharge or otherwise discipline nonconditional employees for just cause; to hire, promote, transfer, layoff and recall employees;
to determine the number of employees and duties to be performed; to maintain order and
efficiency in its classrooms, facilities and operations; to establish or abolish any classification;
to change any classification or service for non-arbitrary reasons; to determine whether the
whole or any part of its operations shall continue to operate; to determine the time for work,
staffing pattern and work areas; to determine the scheduling of work and work breaks; to
determine starting and quitting times; to assign work; to determine the size and composition
of the workforce; to determine job content; to determine quality and quantity of work to be
performed; to determine whether work shall be performed by bargaining unit members or
others; to contract out or subcontract work; to select managerial and supervisory employees;
to utilize substitutes and contract/agency employees; to require overtime; to determine the
method and place of performing work including the introduction of improved methods,
processes, means or facilities; to make, change or enforce reasonable rules and regulations
governing Employee performance and conduct; and otherwise generally to manage the
Collaborative except as expressly modified or restricted in this Agreement. The failure by the
Employer to exercise any of its rights shall not be construed as a waiver of those rights.
In the event that the Collaborative contracts out work which will result in the layoff of an
employee who performs the function that is sub-contracted, the Union shall be notified in
advance and afforded the opportunity to discuss the effects of the layoff. Management will
not be arbitrary or capricious in exercising its right to subcontract where the subcontract
results in the elimination of bargaining unit positions.
ARTICLE 9
ZIPPER CLAUSE
Section 1:
The parties acknowledge that during the negotiations that resulted in the Agreement, each had
the unlimited right and opportunity to make demands and proposals with respect to any
subject or matter not removed by law from the area of collective bargaining, and that the
understandings and agreements arrived at by the parties after the exercise of that right and
opportunity are set forth in this Agreement. Therefore, during the life of this Agreement, each
party agrees that the other shall not be obligated to bargain collectively with respect to any
9
subject matter not specifically referred to or covered by this Agreement, even though the
subjects or matter may not have been within the knowledge or contemplation of either or both
of the parties at the time that they negotiated or signed this agreement. However, if a new
matter develops after entering this Agreement which was not within the knowledge or
contemplation of either or both of the parties during negotiations of the Agreement, the parties
agree to discuss the matter prior to implementation.
Section 2:
Nothing in this Article will preclude the parties from mutually agreeing to amend this
Agreement at any time. No modification, variation, addition to or deletion from the terms of
this Agreement shall be binding on the parties unless agreement is made in writing and
executed by the parties.
ARTICLE 10
SALARY
1.
The salary scales in this Agreement shall not become effective unless HEC is awarded
contracts with SEIS and Commonwealth Corporation pursuant to which Local 509 members
are employed. Such contract obligations must be increased above the final FY10 year-end
amount after subtracting out the FY10 supplemental salary adjustments. Such increase must
be in an amount necessary to fund the agreed-upon salary scale increase. The parties
acknowledge that funds in one vendor contract cannot be used to fund contractual financial
obligations due under the other vendor contract.
2.
Only contractual amounts established pursuant to the Commonwealth Corporation and
SEIS vendor contracts referenced above can be used to fund any financial obligation assumed
by HEC in this Collective Bargaining Agreement.
3.
The salary scales set forth in Appendix C of this Agreement must be funded by
Commonwealth Corporation and SEIS by means of vendor contracts which clearly delineate
the amounts to be used for bargaining unit salary increases and such amounts are proportional
to the salary obligations being incurred under each vendor contract. Such amounts must be in
excess of the final year-end FY10 contract amount after subtracting out the FY10
supplemental salary adjustment.
4.
If no additional funds are received in excess of the final year-end FY10 contract
amount after subtracting out the FY10 supplemental salary adjustment, the salary scales revert
to the scales in effect at the commencement of the FY10 fiscal year. If the contractual amount
for bargaining unit increases is other than the anticipated amount of $1,225,787, these
proposed FY11 salary scales will be adjusted on a pro-rata basis.
5.
The parties agree that for FY12 and FY13 the contract, upon request by either party
for the sole purpose of negotiating salaries, shall be reopened one month prior to each of these
fiscal years. All other provisions of the Collective Bargaining Agreement will remain in
effect.
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6.
The parties agree that Appendix B is accurate and sets forth a listing of all over-scale
employees.
ARTICLE 11
SALARY SCALES
1.
The parties agree that the salary scales for members of the bargaining unit are set forth
in Appendix C.
2.
Any employee who anticipates a degree or license change in the next fiscal year (July
1 – June 30) must notify HEC in writing of the anticipated status change by January 15 of the
current fiscal year in order to qualify for a salary placement change on the grid when the
change takes effect. If such notice is not provided by January 15, the employee’s salary
placement change will not be effective for the following fiscal year, but will be effective for
future fiscal years.
ARTICLE 12
OUT OF TITLE WORK
Section 1: Work in a Lower Classification:
In the event a bargaining unit employee is transferred to a lower rated bargaining unit
position, he/she will retain his/her normal rate of pay as if performing his/her regular duties.
This section shall apply to any work performed in a lower classification.
Section 2: Work in a Higher Classification:
In the event a Teacher is transferred to a higher rated Teaching Coordinator position for a
period of one day or more, he/she shall be paid as follows:
Teachers will receive the pro-rated Teaching Coordinator stipend when assigned to fill
in for a Teaching Coordinator. The Teaching Coordinator stipend is calculated as the
difference between the Teaching Coordinator and the Teacher salary scale for a given
license/degree.
In addition to the above-cited work in a higher classification, the parties agree that effective
July 1, 2010, the attached FY11 salary scales have been adjusted to acknowledge those full or
partial school days when Teaching Aides are assigned to a classroom where there is no direct
supervision of a teacher.
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ARTICLE 13
ORIENTATION
(a)
All employees hired after ratification of the contract will be eligible to participate in
an optional new employee orientation that will be scheduled twice each school year: the first
Professional Development day of the school year and the first spring Professional Day
normally in March. The Union shall have 15 minutes to provide information to new hires
regarding the content of the collective bargaining agreement. Neither the Union
representative nor the employee(s) will be paid for such time which will be scheduled by the
Employer. Should there be an additional facility charge the union will responsible for paying
such charges. The Union will be given reasonable advance notice of the scheduled time and
place of such meeting and any associated cost. A good faith effort will be made to schedule
the orientation session either before the start of the day or at lunch time.
(b)
Collective Bargaining Agreements:
HEC agrees to provide all new hires with a copy of the current collective bargaining
agreement. It is the responsibility of the Union to pay the cost of printing such contracts and
furnishing an adequate supply to the Employer.
ARTICLE 14
PROFESSIONAL DEVELOPMENT AND EDUCATIONAL IMPROVEMENT
1.
HEC will continue its policy of providing job-related training and education for its
bargaining unit employees.
2.
The Employer shall normally provide up to seven (7) Professional development
(“PD”) days per school year for the training and development of its Unit A and Unit B
Employees who work directly with students.
3.
In addition, all Employees may be required to attend additional professional training,
such as DYS basic training, within their 180-day school year requirement, in order to
meet the performance expectations set forth by HEC’s funding sources.
4.
The Employer shall pay any costs associated with such PD days in accordance with
Article ___ (Business Travel/Expense Reimbursement).
5.
Should the Employer’s funding source allow for tuition remission in lieu of
Professional Development days, the parties shall meet to discuss this issue.
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ARTICLE 15
EVALUATIONS
Unit A:
Teachers are evaluated on meeting the Professional Standards for Teachers as defined by 603
CMR 7.08 and research based practices that support student learning.
To provide for flexibility within the evaluation process and Unit A employees’ needs, data
may be gathered in a variety of ways. The process will include employee development
through collaborative goal setting that will result in a summative teacher evaluation. The
evaluator’s role will be to establish a series of performance observations, both formally, as
pre-established observations and informally, (e.g. as unannounced drop-in visits) culminating
in a summative evaluation.
All Unit A employees in conjunction with the their supervisor (e.g. Regional Education
Coordinator, Host Agency Coordinator, Transition Coordinator, Professional Development /
Curriculum Coordinator, Education Team Liaison Coordinator, Title One Supervisor) will on
a yearly basis develop and maintain an Individual Professional Development Plan (IPDP) that
contains three SMART Goals. These goals will be developed collaboratively between the
employee and supervisor and will be written on the State’s most recent sample IPDP form.
All employees at the beginning of each school year will be provided a copy of the evaluation
tool applicable to their position. All Unit A employees will be evaluated no more than once
each year except Unit A employees receiving a beginning or emerging performance rating or
who have been placed on a remediation plan in any evaluative category who shall be
evaluated at least yearly until progress in their performance is demonstrated and achieved.
Unit B:
All post-condition period Unit B employees will be evaluated by their supervisor once every
year.
ARTICLE 16
PRIMARY RESPONSIBILITIES
HEC acknowledges that a Teacher’s primary responsibility is to teach and that his or her
energies should, to the extent possible, be utilized to this end.
Teachers will not be responsible for the supervision of their students during the lunch period
except in an extraordinary situation.
Likewise, all other staffs’ primary responsibilities are to work in their professional discipline
pursuant to their job descriptions and their energies should, to the extent possible, be utilized
to that end.
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ARTICLE 17
CONTINUAL QUALITY IMPROVEMENT
Both the Union and the Employer share an interest in improving the quality of educational
services delivered to the students in the Employer’s programs. Gathering quality data from
teachers and other educators who are close to the daily classroom experience is an important
part of improving the quality of services. The input of instructional staff and supervisors will
be sought as part of HEC’s program performance measurement and evaluation system. The
results of which will be shared with participating staff.
ARTICLE 18
HOURS OF WORK
Section 1 – School Year
The school year of employees covered by this Agreement will be set by the funding source.
Section 2 – Work Week/Work Day
The regular work day for full-time employees shall be eight (8) hours a day and forty (40)
hours within a calendar week inclusive of a one-half (1/2) hour, normally duty-free, paid
lunch period each work day. The meal period shall be scheduled as close to the middle of the
work day as possible considering the needs of the work site during which time the employee
may leave the premises. HEC will not normally schedule mandatory meetings during the
scheduled meal period. Work schedules shall not be arbitrarily changed. Whenever possible,
employees will be given two (2) weeks notice prior to changing their work schedule.
Nothing in this contract shall be construed as a guarantee of any number of days or hours of
work. The work schedule, both starting time and quitting times, will be determined by the
Regional Education Coordinator or Host Agency Coordinator in conjunction with the
Commonwealth or Vendor Facility Manager.
Section 3 – Overtime
Non-exempt employees will be compensated at the rate of time and one-half his/her regular
rate of pay for authorized overtime work performed in excess of forty (40) hours per week.
Such authorization can only be given by the Regional Education Coordinator or Host Agency
Coordinator.
With pre-approval by the Regional Education Coordinator or Host Agency Coordinator, an
exempt professional employee shall be granted compensatory time on an hour for hour basis
for time worked above his/her regular hours. Such comp time must be taken within the same
two-week payroll cycle or the two-week payroll cycle immediately following.
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ARTICLE 19
SCHOOL YEAR/WORK YEAR/SUMMER SCHEDULE
Section 1 – School Year/Work Year:
Employees in the following job titles shall work 12-month years: Administrative Assistants
(at Mass. Hospital School), Program Support, Special Services Coordinator and Educational
Liaisons.
The work year for DYS Coaches and Physical Education/Wellness Teachers shall normally
consist of 220 days which shall consist of 180 student instructional days pursuant to 603
CMR 27.00, §27.03, 3 additional organizational days (which will normally be scheduled 90
days in advance), plus up to seven (7) professional development days, plus a 30-day summer
session, if scheduled.
The work year for SEIS Coaches and Evaluation Team Liaisons shall normally consist of 190
days which shall consist of 180 student instructional days pursuant to 603 CMR 27.00,
§27.03, 3 additional organizational days (which will normally be scheduled 90 days in
advance), plus up to seven (7) professional development days.
The work year for all other bargaining unit employees shall consist of 180 student
instructional days pursuant to 603 CMR 27.00, §27.03, plus up to seven (7) professional
development days.
Professional development days and any days required by a funding source to be worked
beyond the contractual period (excluding summers) will be compensated at the employee’s
regular per diem rate of pay. Such days will normally be scheduled at least 90 days in
advance. In instances where 90 days notice cannot be given, the Employer shall, upon
request, provide the Union written documentation from the funding source of the requirement
for work beyond the originally contracted number of days. In the event that in FY11 any such
days are required, the Employer, upon the written request of the Union, agrees to meet to
discuss any additional impact on the affected employees.
Section 2 – Summer Schedule:
The decision as to the extent, if any, of summer programs and their locations remain vested in
the funding sources and is not subject to grievance or arbitration. In the event a funding
source decides to provide summer programs for students that will require the hiring of
bargaining unit members, current HEC employees working in that funding source who have
been offered and accepted positions for the Fall will be given priority. Current HEC
employees not working in the funding source, who have been offered and accepted positions
for the Fall, and who are appropriately qualified, will be given priority over non-HEC
employees. If management determines that two (2) or more HEC employees are equally
qualified, preference will be given based on length of service with HEC.
All summer time, defined as the period between the end of one school year and the beginning
of the next, whether worked or not, shall not be counted towards the Conditional Employment
15
Period set forth in this Agreement. Bargaining unit employees contracted for a summer
program do not accrue benefits under this agreement unless specifically provided herein. Nor
may such employees utilize benefits accrued prior to the start of the summer period.
ARTICLE 20
SNOW POLICY
When inclement weather occurs, cancellations, early dismissal and late starts shall be based
on the policy established by each facility’s Funding Source.
For non-classroom personnel, in instances where the number of school closings make it
impossible to complete the number of contract days by June 30, HEC will petition the funding
source to allow the affected employees to make up the shortfall prior to June 30.
ARTICLE 21
DISCIPLINARY ACTION
Section 1 – Just Cause:
The Employer shall have the right to discipline, suspend or discharge any non-conditional
employee for just cause. If an arbitrator determines that the conduct for which the employee
was disciplined amounts to abuse or unlawful harassment, the arbitrator cannot reduce the
penalty imposed unless he/she finds that the Employer acted in an arbitrary or capricious
manner in imposing the discipline.
The parties agree that allegations of abuse and neglect involving educators are extremely
serious and should be handled by a special procedure. Therefore, in disciplinary matters that
involve allegations of abuse, harassment or mistreatment of a student, the parties will first
confer to consider arbitrators who have established experience or received training in such
matters. If the parties cannot agree on such an arbitrator, the Union will submit the matter to
arbitration pursuant to Article 22 of this Agreement.
Section 2 – Investigations:
Employees may be placed on investigatory suspension pending the investigation of any
disciplinary matter where in the judgment of management the accused employee’s continued
presence in his or her position could jeopardize the health or safety of students or co-workers
if the allegations are supported. An employee’s investigatory suspension will be paid up to
five (5) work days of the suspension. During the subsequent twenty (20) work days of the
suspension the employee will have the option of using unused accrued personal, holiday and
vacation time. For any period beyond twenty-five (25) work days, the employee shall be
placed on paid leave except where the extended period is occasioned by the actions or
inactions of third parties. In such instances, HEC will make its best effort to cooperate with
the third party in order to facilitate as timely a resolution of the matter as possible.
16
When the Employer determines that there is no risk to students or staff, in its absolute
discretion, it may reassign the employee to non-teaching duties at a location of management’s
choosing pending the results of the investigation.
If after such investigation, HEC concludes that the employee committed no infraction, the
employee shall be reinstated with no loss of pay or benefits.
Section 3 – Conditional Employment Period:
All HEC employees who are employed with HEC as of the effective date of this agreement
shall be deemed to have completed the conditional employment period when they have
completed 90 days of employment with HEC.
Employees in Unit B who are hired or rehired after the effective date of this agreement shall
serve a conditional employment period of 120 days actually worked from their most recent
date of hire with HEC.
Employees in Unit A who are hired or rehired after the effective date of this agreement shall
serve a conditional employment period of three consecutive years from their most recent date
of hire with HEC.
During either conditional employment period, an employee may be discharged, laid off,
suspended or demoted without any recourse by the employee or the Union under the
grievance or arbitration procedures established by this Agreement. Time spent on a leave of
absence is not counted towards an employee’s conditional employment period.
ARTICLE 22
GRIEVANCE PROCEDURE
Section 1 – Definition
For the purpose of this Agreement, a grievance is defined as a dispute between the Union on
behalf of an employee or an employee and the Employer concerning application or
interpretation of the terms of this collective bargaining agreement. A grievance must be
presented to the Employer in writing in accordance with the time limits established in Section
2 of this Article. The grievance shall state the specific provision(s) of the Agreement alleged
to have been violated, a description of the events on which the grievance is based and the date
the alleged violation occurred. The written grievance must also be signed by the grievant and
the Union.
Section 2 – Grievance Limitations
All grievances must be initiated within twenty-one (21) calendar days after the alleged
violation is known or reasonably should have been known. Unless appealed within the time
limitations set forth, the last answer of the Employer shall be deemed final and binding on the
aggrieved employee, the Union and the Employer. Failure of the Employer to act within the
17
time limits set forth in any step shall be considered a denial of the grievance, and the
employee shall be entitled to proceed to the next step of the grievance procedure. The
grievance procedure and arbitration provided for herein shall constitute the sole and exclusive
method of determination, decision and adjustment or settlement between the parties of any
and all grievances as defined herein.
Section 3 – Procedure
The parties acknowledge that it is usually desirable for an employee and his/her supervisor to
resolve problems through informal communications. Therefore, an employee with a
grievance normally should first attempt to discuss it with his/her immediate supervisor (e.g.,
Regional Education Coordinator, Host Agency Coordinator, Transition Coordinator,
Professional Development/Curriculum Coordinator, Education Team Liaison Coordinator,
Title One Supervisor).
Step 1:
If the Grievance is not settled informally, the Grievant or Union may file the Grievance with
the employee’s Project Director, as appropriate.
A meeting will be held within fourteen (14) calendar days after the presentation of the
grievance. In attendance at the meeting will be the Grievant, the Grievant’s Steward and the
appropriate Director or designee. A Union Representative and the Human Resource Director
or designee may attend the meeting. The Director or designee shall notify the Grievant in
writing of his/her decision within ten (10) calendar days after the conclusion of the meeting
with a copy of the Union office.
Step 2:
If the matter is not resolved at Step 1, the Union or an employee may submit the Grievance in
writing to the Executive Director within ten (10) calendar days after receiving the Project
Director’s Step 1 written answer. A meeting will be held within fourteen (14) calendar days
after receiving the Step 2 Grievance from the Union. In attendance at the meeting will be the
Grievant, a Union Representative and the Employer’s Executive Director, or designee. The
Grievant’s Steward, the appropriate Director and the Human Resources Director or designee
may attend the meeting. The Executive Director, or designee, shall answer the Grievant in
writing with a copy to the Union’s office within fourteen (14) calendar days after the
conclusion of the meeting.
Step 3:
If the matter is not resolved at Step 2, the Union may appeal the decision at Step 2 to the
Board of Governors within ten (10) calendar days after receiving the Executive Director’s
Step 2 written answer. The appeal shall be in writing and delivered to the Executive Director
who shall distribute a copy of the grievance and prior answers to the Board. Grievance
appeals will be heard by the Board on the second Wednesday of each month at either its
regularly scheduled meeting or a specially convened meeting for hearing such appeal(s). If
the appeal is not received by the Executive Director at least ten (10) calendar days prior to the
second Wednesday of the month, such appeal will be heard on the second Wednesday of the
following month. At any such meeting the aggrieved employee and a Union Representative
18
will be present. The Board shall communicate its decision in writing within fourteen (14)
calendar days of the meeting.
The decision of the Board of Governors shall be final unless the Union exercises its right to
arbitration pursuant to Step 4 herein within thirty (30) calendar days after receipt of the
decision of the Board of Governors.
Step 4:
If a grievance has not been settled satisfactorily, the Union may submit the grievance in
arbitration under the auspices of the American Arbitration Association in accordance with its
voluntary Rules of Labor Arbitration. The submission to arbitration must be submitted to the
Employer and the American Arbitration Association within thirty (30) calendar days after
receipt of the decision by the Board of Governors. The failure to appeal a grievance to
arbitration in accordance with this Section shall constitute a waiver of the employee’s right to
appeal to arbitration and the last written answer of the Employer shall be final and binding on
the parties.
(a)
The arbitrator shall have no power to add to, subtract from, or modify any of
the terms of this Agreement. The arbitrator shall be limited to deciding
whether the action which is the subject of the grievance, in fact, violated an
express provision of this Agreement, and ordering a remedy, if appropriate,
under the collective bargaining agreement,
(b)
The arbitrator shall have no power to establish or change wage rates or wage
scales, or otherwise modify the terms of this Agreement.
(c)
The decision of the arbitrator shall be issued within thirty (30) days of the date
of the record. His or her decision shall be final and binding upon the parties.
(d)
The compensation of the arbitrator and his or her expense incidental to the
arbitration shall be borne equally. Each party shall bear the expense of
preparing its case and shall make arrangements for and pay the expenses of
witnesses called by them.
(e)
The Employer shall not be required to pay back wages for more than the
payroll period prior to the date a grievance is filed.
(f)
No more than one grievance may be submitted to a single arbitrator at one time
unless mutually agreed to, in writing, by both parties.
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ARTICLE 23
NO STRIKES – NO LOCKOUTS
Section 1:
While this Agreement is in effect, the Employer agrees that there shall be no lockouts and
the Union and the Employees agree that there shall be no strikes of any kind including
sympathy strikes, unfair labor practice strikes, sit-downs, slowdowns, stoppages of work,
mass sick outs or interference or interruption with the operations of the Collaborative or the
services provided to its students. Nor shall there be any strike or interruption because of any
disputes or disagreements between any other persons (or other employers or unions) who are
not signatories to this Agreement.
Section 2: In the event that there is a breach of the foregoing provisions, the Employer need
not resort to the grievance and arbitration provisions of this Agreement, but may pursue any
legal remedy available to it at law or equity. If there is any violation of the foregoing
provisions, the Employer may take disciplinary action, up to and including discharge, subject
to the grievance and arbitration provisions of this Agreement. In such event, the Arbitrator
shall be limited to the question of whether or not the disciplined employee in fact instigated,
participated in or gave leadership to any prohibited activity. If the Arbitrator answers such
question in the affirmative, the Arbitrator shall have no authority to modify the disciplinary
action.
ARTICLE 24
LENGTH OF SERVICE
Section 1 - Definition:
Length of Service as used in this Agreement is measured as the continuous period of
employment with HEC, from an employee’s original school year date of hire.
The parties agree that the Length of Service Roster dated May 18, 2010 and incorporated as
part of this Agreement is accurate.
Section 2 – Termination of Length of Service:
An employee’s length of service rights will cease and employment will be terminated for any
of the following reasons:
(1)
discharge, resignation or retirement;
(2)
exceeding an authorized leave of absence or engaging in other reemployment during a
leave of absence; or giving a false reason for a leave of absence;
(3)
failure to report to work as scheduled 2 days without notifying his/her immediate
supervisor prior to the start of the workday, unless there are extraordinary circumstances
acceptable to the employer. Such acceptance will not be arbitrarily denied; and
(4)
absence from work for any reason for a continuous period of six (6) months or a time
equal to his/her length of service, whichever is less, unless such absence is mandated by law.
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ARTICLE 25
TRANSFERS
Section 1:
HEC reserves the right to transfer bargaining unit employees as it deems necessary. If there is
a need for a long-term transfer to another position or location, HEC will normally seek
volunteers to fill that position. From among qualified volunteers, HEC will select the
employee whom it deems best to fill the position.
If there are no volunteers, HEC reserves the right to make the transfer based upon the
following factors in priority which shall be used in selecting an employee to be transferred:
1.
2.
3.
4.
5.
programmatic or classroom need;
appropriate licensure;
highly qualified status within the content area or specialty needed;
qualifications including written evaluations and disciplinary record; and
length of continuous service with HEC
These criteria shall not be arbitrarily or capriciously applied.
Section 2 – Temporary transfer Outside the Bargaining Unit:
An employee who temporarily transfers to a position outside the bargaining unit shall suffer
no break in seniority upon returning to his/her bargaining unit position.
ARTICLE 26
FILLING OF VACANT POSITIONS
Section 1 – Vacant Positions:
The decision as to whether to fill a vacancy or make a promotion will be based on the
Employer’s judgment as to what will best serve the interest of the students and the
Collaborative and is not subject to grievance and/or arbitration.
Section 2 – Posting and Filling of Vacancies:
When a vacancy occurs in a position covered by this Agreement, the Collaborative shall post
a notice of the vacancy on the HEC website and e-mail the notice to each employee’s
Collaborative e-mail account. Qualifications, requirements, duties and other pertinent
information shall be set forth in the electronic posting.
Section 3 – Filling of Vacant Positions:
Members of the bargaining unit who wish to apply for a vacant position shall submit to the
Human Resources Director within seven (7) calendar days after the position has been posted,
a letter of interest, updated resume and copy of current Teacher or Specialist license, as
applicable. Applicants may be required to furnish additional documentation as part of the
application process.
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The following factors in priority shall be used by the Executive Director or his/her designee in
selecting an employee to fill a vacancy:
1.
2.
3.
4.
5.
programmatic or classroom need;
appropriate licensure;
highly qualified status within the content area or specialty needed;
qualifications including written evaluations and disciplinary record; and
length of continuous service with HEC
These criteria shall not be arbitrarily or capriciously applied.
ARTICLE 27
REDUCTION-IN-FORCE OR HOURS
Section 1 – Layoff Procedure:
In the event the Collaborative determines at any time during the term of this Agreement to
reduce the number of employees in the bargaining unit by layoff and/or to reduce hours, the
reductions will be by job classification within each funding source contract. In determining
the order in which employees shall be laid-off within a classification, the Executive Director,
or his/her designee, will utilize the following factors in priority when deciding which
employee(s) to layoff:
1.
2.
3.
4.
5.
programmatic or classroom need;
appropriate licensure or licenses;
highly qualified status within the content areas or specialties needed;
written evaluations for only those employees who have received a beginning or
emerging performance rating or who have been placed on a remediation plan
in any evaluative category; and
length of continuous service with HEC.
These criteria shall not be arbitrarily or capriciously applied.
A Conditional Employee working in the affected job classification will normally have his/her
hours reduced or be laid-off before a Non-Conditional Employee.
For purposes of this section, job classifications are as follows:
Unit A:
Adaptive Designer
Art Teacher
Assistive Technology Specialist
Content Teacher
Education Liaison
Evaluation Team Liaison
22
HIV Counselor
Instructional Coach
Library/Media Specialist
Music Therapist
Occupational Therapist
Physical Therapist
Special Education Teacher
Speech Language Pathologist
Student Services Coordinator
Student Title One Teacher
Substance Abuse Coordinator
Teacher
Teaching Coordinator
Unit B:
Administrative Assistant (at Mass. Hospital School)
Physical Therapy Aide
Program Support
Special Services Coordinator
Teacher Aide
Teacher Aide-Coordinator
Transportation/Lunch Monitor
At the time of layoff, the Employer will inform each laid-off employee of all posted vacant
bargaining unit positions. If a laid-off employee desires to apply for any of the vacant
positions, he/she shall so indicate at that time. Any such vacant position will be filled in
accordance with Filling of Vacancies Article of this Agreement.
Section 2 – Volunteers:
In its sole discretion, management may seek volunteers in the classifications where layoffs or
reductions in hours are to occur. In the event that management seeks volunteers, all voluntary
reduction(s) are subject to management’s judgment and may be allowed or denied at
management’s sole discretion.
Section 3 – Closing/Downsizing:
A Non-Conditional Employee laid-off pursuant to this Article may displace a Conditional
Employee working in the same job classification under the same funding contract, subject to
the following:
1.
A Conditional Employee working at a program/facility site located within ten (10)
miles (using Map Quest) of the site where the Non-Conditional Employee is assigned will be
displaced. If there is no program/facility within ten (10) miles of the site at which Conditional
Employee is being laid-off, the next geographically closest program/facility (using Map
Quest) will be utilized.
23
2.
The laid-off Non-Conditional Employee must have an equal or higher level of
licensure than the Conditional Employee and be fully qualified to perform the duties of the
Conditional Employee.
3.
A Conditional Employee displaced pursuant to this Section has no right to displace
any other Conditional Employee.
4.
If there are more than one Conditional Employee subject to possible displacement
based on the limitations set forth above in sub-sections 1 and 2, the decision of who will be
displaced remains vested in the exclusive judgment of management and is not grievable or
arbitrable.
5.
Since Instructional Coaches are not regularly assigned to a particular physical
location, they are granted displacement rights as follows:
A laid-off Instructional Coach may choose to displace a Conditional Teacher pursuant to the
conditions established in Section 3 above except that the geographical limitations set forth in
Section 3(l) shall be measured from the Coach’s home address as supplied to the Employer by
the Coach.
6. Since Education Liaisons, HIV Counselors and Evaluation Team Liaisons are
regionally classified, if an affected employee in one of these classifications is unable to
displace a Conditional Employee in their same classification and region, the affected
employee may displace a Conditional Teacher pursuant to all the conditions established in
Section 3 above.
ARTICLE 28
RECALL
A.
Staff laid-off under the provisions of this Article shall be eligible for recall to
vacancies in their job classification within their funding source contract in which they were
employed at the date of layoff and for which they are qualified in the non-arbitrary judgment
of management. Recall shall proceed in reverse order of layoff.
B.
Employees on the recall list must also have made arrangements satisfactory to HEC
for the payment of any financial obligations owed HEC and the return of all property to HEC
at the time of layoff and be current in such obligations.
C.
Recall privileges shall extend for two (2) years following the actual date of layoff. An
employee who is recalled to his/her former position (same classification, hours, shift and
work) and refuses the position shall thereby lose recall rights.
D.
During the recall period, qualified employees laid-off under this Article will be given
priority for substitute teaching opportunities within their funding source contract at their work
24
location provided they have notified their Regional Education Coordinator or Host Agency
Coordinator of their availability in writing.
E.
The Collaborative will notify the eligible laid-off employees of a recall opportunity by
registered mail/return receipt requested to the last address on file with the collaborative. An
employee on layoff who is offered a vacant position must notify the Collaborative within five
(5) business days after first notification of attempted delivery if he/she accepts the position
and must return to work within ten (10) school days after the notification of recall during the
school year or at the commencement of the school year if recall notice is provided during the
previous summer.
F.
Upon return to work, recalled employee shall be credited with all previously accrued
unused benefits which were not cashed out at the time of layoff and shall maintain their
original seniority date.
ARTICLE 29
INSURANCES
Section 1 – Group Health and Dental Insurances:
Regular employees who are scheduled to work twenty (20) or more hours per week are
eligible to participate in the corporate Group Health and Dental Insurance Programs. The
Employer agrees to provide the Collaborative’s Group Health Insurance including retiree
coverage and Dental Insurance, on the same basis and extent that such plans are generally
available to regular employees of the Collaborative subject to the eligibility, and other
requirements of the programs. The Employer reserves the right to change, amend or replace
the above-referenced plans and those set forth below in Section 2 or their carriers so long as
such changes uniformly apply to all regular employees of the Collaborative. In the event the
Employer exercises its rights as stated herein it shall give reasonable advance notice to the
Union and provide an opportunity to discuss the change.
For regular employees working at least 28 hours per week or 148 school days per year, the
percentage of premium contribution paid by the Employer is based on the employee’s years of
service with HEC as of the employee’s current date of hire, as follows:
Year one
Year two
Year three, four and five
Year six+
50%
60%
65%
75%
For regular employees working less than 28 hours per week or 148 school days per year, the
Employer will pay 50% of the premium, regardless of length of employment.
Employees are responsible for the timely completion of all necessary enrollment forms for
these insurance plans.
25
Section 2 – Long-Term Disability and Life Insurances:
On the first day of the month following date of hire, regular employees who are scheduled to
work twenty (20) or more hours per week are eligible to participate in the Collaborative’s
Long-Term Disability, Basic Life Insurance, Voluntary Group Short-Term Disability and
Supplemental Group Life Insurance programs, subject to the eligibility, contributions and
other requirements of the programs.
Section 3 – Supplemental Insurance Policies:
The Collaborative may make available voluntary employee-paid Supplemental Insurance
Plans with payroll deduction options for all bargaining unit employees on the same basis and
extent that such plans are made available to employees of the Collaborative.
All such policies are owned and controlled by the employee. The Employer reserves the right
to amend or discontinue the offering of such supplemental insurances or to change carriers.
Section 4 – Benefit Withholding:
Employees who work 12 month years and those whose work year normally consists of 220
days shall have their employee contributions divided equally over the 12 months.
All other employees will have 12 months worth of projected insurance contributions withheld
during the 10 month school year calendar (i.e., September through June).
For all employees who start on a date other than July 1st or the first day of the school year
calendar, they will have their withholdings for that year spread over all remaining payroll
periods in which deductions are normally withheld which occur between their start date and
the last pay period of the school year pay schedule.
During months that contain three payroll periods withholding will occur during only two
payroll periods – normally, the first two in the month.
During September of each fiscal year, HEC will reconcile all amounts owed by employees for
health insurance contributions for the 12 months ended August 31 and will either refund
money or collect additional premiums due during the first pay period in October. This
reconciliation will also occur anytime an employee is no longer employed by HEC or is no
longer participating in the group health insurance/dental benefits programs.
This section applies to all benefit categories for which an employee makes a contribution.
ARTICLE 30
LEAVE WITHOUT PAY
Section 1 – FMLA:
All employees who have been employed for at least twelve (12) months and have worked at
least 1,250 hours during that period are eligible for an unpaid leave of absence of up to twelve
26
(12) weeks in accordance with the Family and Medical Leave Act of 1993 and the Employer’s
personnel policy for Family and Medical Leave of Absence dated 2009-2010. Employees on
an unpaid FMLA leave of absence do not accrue benefits during such leave, except as
required by law.
Section 2 – Maternity Leave:
Employees may take maternity leave in accordance with Massachusetts law and paternity
leave pursuant to HEC personnel policy dated 2009-2010. Such leaves shall run concurrently
with the FMLA leave.
Section 3 – Small Necessities Leave Act:
The Collaborative will comply with all applicable requirements of Massachusetts Small
Necessities Leave Act.
ARTICLE 31
SICK LEAVE
Section 1:
All staff agree that absences are not beneficial to the educational process and, therefore, must
be limited to the absolute minimum.
Section 2:
Sick leave shall be granted, at the discretion of the Employer, to an employee only under the
following conditions:
1.
When an employee is incapacitated due to illness or injury to the extent that he/she is
unable to perform normal working duties for the period this benefit is claimed.
2.
When appointments with licensed medical or dental professionals cannot reasonably
be scheduled outside of normal working hours for purposes of medical treatment or diagnosis
of an existing medical or dental condition.
3.
An employee may use up to a maximum of ten (10) days per fiscal year for the
purpose of caring for a spouse, parent, son or daughter when such reason does not qualify for
FMLA leave.
4.
An employee may use up to a maximum of sixty (60) days per fiscal year for the
following types of FMLA leave:
a.
incapacity due to pregnancy, prenatal medical care or childbirth;
b.
to care for the employee’s son or daughter after birth or placement for adoption
or foster care;
c.
when necessary to care for the son or daughter, spouse, or parent who has a
serious health condition (any time counted pursuant to subsection 3 will count as part of the
60-day period).
d.
for qualified military exigency leave and military caregiver leave.
5.
Ten (10) days of accrued sick leave in a fiscal year may be used for legally necessary
preparations and requirements attendant with the adoption of a child.
27
6.
An employee may use up to ten (10) days of accrued sick leave per fiscal year for
legally necessary preparations and proceedings related to foster care of DSS children.
7.
An employee may supplement the following with accrued sick leave: Short Disability
Insurance Payments and Long Term Disability Payments received pursuant to Article ___,
Section 2; and Workers Compensation Payments.
Section 3:
All full-time employees are eligible to accrue one and one-half (1 ½) days of sick leave for
each full month of school year employment (September – June) to a maximum of fifteen (15)
days sick leave for school year contract employees and a maximum of eighteen (18) days for
twelve-month employees. Sick leave is pro-rated for partial months worked and for regular
part-time employees who work a schedule of 20-34 hours per week. Sick leave cannot be
used and does not accrue during periods of summer employment when summer work is
contracted separately or while an employee is on a leave of absence for any reason.
Section 4:
In order to receive sick leave pay, an employee must personally notify his/her immediate
supervisor prior to his/her scheduled starting time. The employee must also call his/her
immediate supervisor daily during an extended period of absence due to illness or injury.
Daily notification shall not be required upon presentation of certification from a physician that
the illness/injury will require an extended period of absence.
Section 5:
A claim of illness/injury must be supported by a doctor’s certificate if the illness exceeds
three (3) consecutive working days. If such certificate is not furnished by the employee, sick
leave shall not be paid for the entire period of absence.
Section 6:
Unexcused absences, excessive absenteeism and patterns of abuse of sick leave will be cause
for disciplinary action. Sick leave may not be used for pre or post-extension of a holiday or a
school vacation period without medical documentation acceptable to the Employer.
Section 7:
Sick leave may be cumulative to a maximum of one hundred eighty (180) days and must be
charged against sick leave credits in units of one-half hour or full hours, but in no event may
the sick leave credits used be less than the actual time off.
Employees who leave employment for any reason will forfeit any unused, accrued sick time.
Section 8:
For extreme circumstances, a written request to advance sick days which may be accrued in
the current fiscal year will be considered by the Executive Director whose decision shall be
final and not grievable. An employee who leaves HEC’s employment must reimburse the
Agency for any advanced, unearned sick leave.
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ARTICLE 32
VACATIONS
Year Round Unit B Support Staff (Administrative Assistants, Program Support, Special
Services Coordinator) are entitled to vacation with pay in accordance with HEC’s 2009-2010
Employee Handbook based on the following schedule prorated for less than 40 hours/week
and less than 52-week employment.
Vacation Allowance
10 days (prorated for partial year)
12 days
13 days
14 days
15 days
20 days
Employment by Fiscal Year
Year One (start date to 6/30)
Year Two
Year Three
Year Four
Years Five to Ten
Years Eleven and above
Year Round Unit A Education Liasons shall continue to be entitled to vacation with pay in
accordance with HEC’s 2009-2010 Employee Handbook based on the following schedule
prorated for less than 40 hours/week and less than 52-week employment.
Employment by Fiscal Year
Vacation Allowance
Year One (start date to 6/30)
Year Two to Seven
Years Eight to Twenty
Years Twenty-One and above
15 days (prorated for partial year)
15 days
20 days
25 days
ARTICLE 33
PERSONAL DAYS
Full-time regular employees will be granted three (3) Personal Days each school year.
Personal Days are pro-rated for employees hired after the start of their normal year (i.e.,
school year staff contracted for a certain number of day and fiscal year for year round
positions). Personal Days must be taken during the employee’s normal year. Personal Days
may not be accumulated from one (1) year to the next. Employees will not be paid for unused
Personal Days. Personal Day requests must be submitted in writing to the employee’s
Regional Education Coordinator or Host Agency Coordinator at least two (2) weeks in
advance except in an instance of an unforeseen documentable emergency request. Personal
Days may not be used to extend a holiday weekend, school break (including summer break)
or employee vacation. Requests for Personal Days for documentable instances of
extraordinary personal circumstances (e.g., weddings or graduations or unforeseen
documentable emergency requests) which extend a holiday weekend, school break (including
summer break) or employee vacation may be granted by a Coordinator. Such requests will
not be unreasonably denied.
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ARTICLE 34
BEREAVEMENT LEAVE
A.
In the event of the death of a current spouse, partner or child of a regular full-time or
regular part-time employee, the employee shall be allowed paid leave for up to five (5)
working days provided such days are consecutive.
B.
In the event of the death of a father, mother, stepfather, stepmother, brother, sister,
grandparent, father-in-law, mother-in-law, stepchild, grandchild, son-in-law, daughter-in-law
of a regular full-time or regular part-time employee, the employee shall be allowed paid leave
for up to three (3) working days provided such days are consecutive.
C.
Pay will be based on the employee’s normal work schedule and at his/her normal rate
of pay and will not be considered for purposes of computing overtime hours. The employee
may be required to furnish proof of death and relationship satisfactory to the Collaborative.
ARTICLE 35
MILITARY LEAVE
Leave of absence for performance of duty with the Armed Forces of the United States or with
a reserve component thereof shall be granted in accordance with applicable law.
Those employees who are members of the Armed Forces Reserve and National Guard units
will be paid the difference between their military pay and their regular pay from the
Collaborative during an absence for a single period up to seventeen (17) consecutive days for
active duty in each calendar year. Evidence of service orders shall be filed with the Program
Supervisor and the Human Resources Department upon receipt and followed with
documentation of time served and pay schedule.
ARTICLE 36
JURY DUTY
All full-time and regular part-time employees who miss regularly scheduled work due to Jury
Duty will receive the difference between their regular pay and jury duty pay for up to three (3)
days. It is the obligation of the employee to show his/her Program Coordinator the summons
or notification to serve on a jury within seven (7) days of the employee’s receipt of his/her
summons or notification to serve. An employee who reports for jury duty and is excused from
such duty for all or part of the day must report to his/her work site whenever the interruption
of said service will permit four (4) or more consecutive hours of employment during his/her
regularly scheduled work day. Time spent on jury duty will not count towards the
computation of overtime.
30
ARTICLE 37
PERSONNEL FILES
Personnel files shall be maintained and kept confidential by the Employer unless written
permission is given by the employee to release information or unless disclosure is in response
to a valid subpoena or at the request of the Union in a grievance proceeding, in which case the
employee will be notified of the release of information.
One (1) official personnel file shall be maintained for each employee. Said file shall be kept
in the Collaborative’s main corporate office.
Employees are entitled to inspect their personnel files. Employees wishing to inspect their
files should make an appointment during normal business hours with the Director of Human
Resources.
Upon written request and within a reasonable period of time, normally not to exceed five (5)
business days, an employee shall be mailed a copy of any materials contained in his/her
personnel file.
Employees shall have the right to attach memos or letters of rebuttal to any material in their
personnel files.
An employee shall be given written notice whenever any material related to unsatisfactory job
performance or conduct is placed in his/her personnel file.
ARTICLE 38
BUSINESS TRAVEL/EXPENSE REIMBURSEMENT
Section 1 - Mileage, Tolls, Parking:
In accordance with HEC policy, authorized use of personal vehicle for travel related to his/her
employment will be reimbursed at either the state established rate for managers and
confidential employees or the rate for state teachers, whichever is higher. Such change will
be effective the first of the month following the State’s announced effective date for the rate
change. Upon submission of receipts, employees will be reimbursed for reasonable
associated costs for parking and tolls. Mileage for regular business travel is measured from
the point at which travel is authorized – normal work site or the employee’s home, whichever
is shorter. Routine commuting to/from a job site is not reimbursable.
Section 2 – Lodging and Meals:
Travel arrangements to attend outside conferences, training or workshops must be preapproved by the employee’s Program Director or his/her designee. In accordance with HEC
policy, employees are allowed reasonable lodging expenses during business travel.
Employees while on out-of-town business travel will be reimbursed for reasonable expenses
for meals (including tax and tips) purchased away from home. In order to be reimbursed for
31
lodging and/or meals, a Travel and Expense Statement must be submitted with receipts to the
Business Office.
Employees who are required to travel more than 90 miles (one way) to attend a HEC required
training that lasts 3 or more consecutive days may be pre-approved for reasonable
reimbursement of hotel lodging costs.
Section 3 – Classroom Expenses:
Classroom expenses must be pre-approved by the employee’s Program Director or his/her
designee. In order to be reimbursed for classroom expenses a purchase order must be
submitted with receipts to the Business Office.
ARTICLE 39
SAVINGS CLAUSE
If any provision of this agreement is declared invalid under State and Federal Law, the parties
shall enter into immediate negotiations upon the request of either party for the purpose of
arriving at a mutually satisfactory replacement for such part or portion declared illegal. Both
parties agree that the remainder of this Agreement shall continue in full force and effect
pending modification of the invalid section.
ARTICLE 40
SUCCESSOR EMPLOYER
Should the contractual relationship by which the Employer operates either the DYS or
SEIS contracts for the Commonwealth terminate for any reason, the Employer will in good
faith cooperate with the Union in facilitating the application process for employees who desire
to be employed by the new vendor. By doing so HEC assumes no legal obligation relative to
the hiring of any employee by the new vendor. Such commitment ends on the contract’s
termination date with the Commonwealth.
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ARTICLE 41
DURATION
This Agreement shall commence on ratification by both parties except for the salary
scales reflected in Article ___ which upon ratification shall be retroactive to July 1, 2010.
This Agreement shall expire at midnight on June 30, 2013.
IN WITNESS WHEREOF, the parties set their hands this ____ day of
_______________, 2010.
Hampshire Educational Collaborative, Inc. Service Employees International Union
Board of Governors
Local 509
_________________________________
________________________________
33
HEC / DYS / SEIS
Teacher FY11 Salary Scale
187 Day Salary Scale
Licensure
Not Licensed
Expired License
Preliminary
Initial
Professional
$
$
$
$
$
Bachelors
Degree
34,775
43,471
43,471
49,679
58,374
Masters Degree
$
35,905
$
44,599
$
44,599
$
50,808
$
59,502
$
$
$
$
$
Masters Plus
(CAGS,
Doctorate)
36,469
45,164
45,164
51,373
60,067
This scale applies to Art Teacher, Assistive Technology
Specialist, Content Teacher, Library / Media Specialist, Music
Teacher, Special Education Teacher, Teacher and Title I
Teacher
HEC / DYS / SEIS
Teaching Coordinator FY11 Salary Scale
187 Day Salary Scale
Licensure
Not Licensed
Expired License
Preliminary
Initial
Professional
$
$
$
$
$
Bachelors
Degree
40,759
49,454
49,454
55,664
64,357
Masters Degree
$
41,888
$
50,583
$
50,583
$
56,792
$
65,486
$
$
$
$
$
Masters Plus
(CAGS,
Doctorate)
42,452
51,147
51,147
57,357
66,051
This scale applies to Teaching Coordinator, Lead PE /
Wellness Teacher, Music Therapist, Occupational Therapist,
Speech Language Pathologist and Physical Therapist.
HEC / SEIS
Evaluation Team Liaison FY11 Salary Scale
190 Day Salary Scale
Licensure
Not Licensed
Expired License
Preliminary
Initial
Professional
$
$
$
$
$
Bachelors
Degree
32,605
40,755
40,755
46,576
54,728
Masters Degree
$
33,516
$
41,665
$
41,665
$
47,488
$
55,639
$
$
$
$
$
Masters Plus
(CAGS,
Doctorate)
33,972
42,121
42,121
47,944
56,094
$
$
$
$
$
Masters Plus
(CAGS,
Doctorate)
41,660
51,653
51,653
58,793
68,790
HEC / DYS
Education Liaison FY11 Salary Scale
260 Day Salary Scale
Licensure
Not Licensed
Expired License
Preliminary
Initial
Professional
$
$
$
$
$
Bachelors
Degree
39,985
49,978
49,978
57,117
67,114
Masters Degree
$
41,102
$
51,095
$
51,095
$
58,234
$
68,231
This scale applies to Education Liaison and
Horticulture Teacher.
The Lead Regional Education Liaison will receive an additional
stipend of $1,500
HEC / SEIS
Instructional Coach FY11 Salary Scale
190 Day Salary Scale
Point Level
1
2
3
4
5
6
7
$
$
$
$
$
$
$
56,382
58,312
59,758
61,206
62,652
63,617
64,581
Note: This is not a step scale.
HEC / DYS
Instructional Coach FY11 Salary Scale
220 Day Salary Scale
Point Level
1
2
3
4
5
6
7
$
$
$
$
$
$
$
65,286
67,520
69,195
70,870
72,546
73,663
74,780
Note: This is not a step scale.
HEC / DYS
PE / Wellness Teacher FY11 Salary Scale
220 Day Salary Scale
Licensure
Not Licensed
Expired License
Preliminary
Initial
Professional
$
$
$
$
$
Bachelors
Degree
40,176
48,992
48,992
55,286
64,101
Masters Degree
$
41,321
$
50,136
$
50,136
$
56,430
$
65,245
$
$
$
$
$
Masters Plus
(CAGS,
Doctorate)
41,893
50,709
50,709
57,003
65,829
HEC / SEIS
Teacher Aide FY11 Salary Scale
187 Day Salary Scale
Step
1
2
3
4
5
6
$
$
$
$
$
$
21,105
22,045
22,986
23,980
24,740
25,698
The Teacher Aide Coordinator will receive an additional
stipend of $3,000
HEC / SEIS
Program Support FY11 Salary Scale
12 Month Salary Scale
Step
1
2
3
4
5
$
$
$
$
$
34,849
36,189
37,530
38,870
40,210
This scale applies to Program Support, Transportation /
Lunch Monitor and Special Services Coordinator
The Special Services Coordinator will receive an additional
stipend of $2,000
HEC / DYS / SEIS
Hourly Teacher FY11 Salary Scale
Hourly Rate
Hourly Rate
$
19.12
HEC / DYS / SEIS
Summer FY11 Salary Scale
30 Day Salary Scale
Teacher
Teaching
Coordinator
$
4,900
$
6,050