ARTICLE 1.0 RECOGNITION AND PROCEDURAL MATTERS 1.1 This Collective Agreement is negotiated under the provisions of the Recognition Agreement of 1965 signed by the Employer and the Union on 18th May 1965 ("the Bargaining Agreement") and the Industrial Relations Act 1970 (Chapter 321, Statute Law of The Bahamas, 2000 Revised Edition) ("The Industrial Relations Act") and amendments. Its purpose is to fix, for its duration, remuneration, terms and conditions of service and other allied matters in respect of members of the Bargaining Unit, subject to any limitations and exceptions contained in the Recognition Agreement. 1.2 The Union acknowledges that the teachers in the public school system are teachers in the public service and that their general appointment and conditions of service are governed by the Regulations in force in that behalf, including the Public Service Commission Regulations and regulations made under the Education Act or any other written law. The provisions of General Orders (1992 Revised Edition) shall apply to all public officers employed by the Ministry of Education within the public school system, except to the extent that this Agreement derogates from any nonlegislative policy contained in General Orders to address the special circumstances of the teaching profession. 1.3 The parties agree that the Employer and the Union within one (1) year of signing this agreement will begin discussions on the establishment and the implementation of a Teaching Service Authority. 1.4 The Employer and the Union agree that legislation will be drafted for the establishment of a Teaching Service Authority within one (1) year after the signing this agreement. 1.5 The Employer recognizes the Union as the sole bargaining agent for the members of the Bargaining Unit in conformity with the Recognition 0 Agreement of 1965 and the Collective Bargaining Agreement 2005 -2010. 1.6 The total number of Union and Employer representatives at any negotiations shall not exceed seven (7) on each side. However, in addition to such representatives, each side may include a maximum of two (2) additional representatives, comprising any of the following: consultants, advisors or observers. Both sides may have a secretary or may elect to use a joint secretary to record proceedings. Both Union and Employer shall notify the other in writing of the names of their respective representatives for any negotiations prior to the date of the commencement of negotiations. 1.7 The Employer shall notify the Union of its Negotiating Committee and the names of persons responsible for Industrial Relations and their Industrial Relations Consultants. The Employer will provide the Union with a copy of the Employer's policies and procedures and keep the Union advised of any and all proposed amendments) thereto. 1.8 The Employer and Union will work towards reaching an amicable settlement on all matters as hereinafter provided for in this Agreement. It is agreed that until all possibilities of settlement have been fully explored, the Union and/or the Employer, respectively, will not take or support any collective action in the nature of a strike or lockout. It is agreed and recognized by the Union and the Employer that if all the possibilities of a settlement under the terms of this Agreement have been explored without success, then before a strike or lock-out takes place, the provisions of the Industrial Relations Act or any amendments thereto shall be fully implemented. 1.9 Correspondence from the Union shall be signed by the President or the Secretary General or such other officer as the Union may appoint from time to time in writing, and shall be addressed to the Permanent Secretary of the Ministry of Education. Any communication not so signed and addressed may not be recognized. 1 1.10 With respect to correspondence sent through the post, the agreed postal addresses are, respectively, as follows: The address of the Employer is: Permanent Secretary Ministry of Education P. O. Box N 3913 East Street and Independence Drive Nassau, N. P., The Bahamas The address of the Union is: Secretary General The Bahamas Union of Teachers 104 Bethel Avenue, Stapledon Gardens P.O. Box N-3482 Nassau, N. P., The Bahamas 1.11 All hand-delivered correspondence will be delivered to the office of the Secretary General for the Union and the office of the Permanent Secretary of the Ministry of Education for the Employer, which must be acknowledged by the signing of both parties. ARTICLE 2.0 AGREEMENT, PARTIES AND APPLICATION 2.1 The Parties to this Collective Agreement are the Government of The Commonwealth of The Bahamas ("the Employer") and The Bahamas Union of Teachers ("the Union"). 2.2 This Agreement applies to and is binding, subject to registration by the Industrial Tribunal, on the Union, the employees and the Employer and its representatives, and those bound by this Agreement shall carry out its provisions in a reasonable manner. 2 ARTICLE 3.0 STATEMENT OF PURPOSE 3.1 The spirit and intent of this Agreement is to secure, in the interest of the well being of the Employer and the Union, the efficient and economic operation of the public school system through an orderly and constructive relationship between the Government of The Commonwealth of The Bahamas and The Bahamas Union of Teachers. 3.2 The Articles set forth in this Agreement relating to remuneration, tenure and conditions of service and allied matters, rights and obligations of the parties, recognition and the avoidance and settlement of disputes have been negotiated to achieve the purpose stated at paragraph 3.1. ARTICLE 4.0 STATEMENT OF POLICY 4.1 The successful operation of the Public School System is hereby declared to be of mutual interest to both parties, who desire to preserve, promote and improve the industrial and economic relationships, safety, efficiency and productivity of that system. ARTICLE 5.0 DEFINITIONS 5.1 Unless the context otherwise requires, the terms and expressions used in this Agreement, if defined in any written law, shall have the meaning given to them in that law. 5.2 In this Agreement, the feminine includes the masculine and vice-versa and the singular includes the plural and vice-versa, unless the context requires otherwise. 3 5.3 Subject to the above, the parties agree that the terms and expressions used in this Agreement shall have the following meanings: BARGAINING AGENT means The Bahamas Union of Teachers; BARGAINING AGENT REPRESENTATIVES means union executive officers and union workplace representatives; BARGAINING UNIT means that unit of employees described in Article 6; CONSULTATION means jointly examining and discussing problems of concern to both Employer and Union; DAY means a period of 24 hours; DEPARTMENT means the Department of Education; EMERGENCY means any threat to the health and safety of employees and students as determined by the Minister or an event which disrupts the normal workplace, including (but not limited to) those situations described at Article 15.10 of this Agreement, and may require immediate attention as may be determined by the Minister or his representative; EMPLOYEE means an employee in the Bargaining Unit as identified herein unless stated otherwise; EMPLOYER means The Government of the Commonwealth of The Bahamas; HEAD OF DEPARTMENT means the Director of Education; INDUSTRIAL TRIBUNAL means the Industrial Tribunal established under Section 54 of the Industrial Relations Act; MINISTER means the Minister with Responsibility for Education; MINISTRY means the Ministry of Education; 4 NEGOTIATION means the process and procedures whereby the Employer and the Union confer with each other for the purpose of resolving any existing or potential industrial disputes, whether individual or collective; REASSIGNMENT means the movement of an employee of the Ministry of Education from one workplace to another with or without change of status or duties; PUBLIC HOLIDAY means any day which is mentioned as or is declared a Public Holiday under the Public Holidays Act; PUBLIC SCHOOL SYSTEM means the statutory system of maintained schools established under the Education Act 1962 (Chapter 46) and its amendments; RECOGNITION AGREEMENT means the Recognition Agreement entered into between the Government of the Bahamas and the Bahamas Union of Teachers on the 18th May 1965; REDUNDANCY shall have the meaning assigned to it at section 27 of the Employment Act (No. 27 of 2001); SECTION HEAD means the officer in charge of any unit or section of the Department of Education; SENIORITY means the relative seniority of officers and shall be determined as provided for in section 2 of the Public Service Commission Regulations; SPOUSE means husband or wife; TEACHER for the purpose of this agreement means a "trained teacher" as defined by the Education Act and other employees engaged in delivering instruction to students on a full-time basis in the public school system or on temporary assignment within The Ministry of Education; TEMPORARY ASSIGNMENT means an assignment other than the normal posting, for a limited period for a specific project or some other purpose, on completion of which the employee is to revert to his former posting or be reassigned; 5 TRANSFER shall have the meaning assigned in section 2 of the Public Service Commission Regulations; UNION means the Bahamas Union of Teachers registered under the Industrial Relations Act; UNION DUES means the amount of monthly dues levied by the Union on its members in accordance with its Constitution and By-Laws as payment for membership in the Union; UNION WORKPLACE REPRESENTATIVES means Shop Stewards, Assistant Shop Stewards, District Shop Stewards, Senior Shop Stewards and Branch Chairpersons; WORK LOCATION means all public schools and other places where members of the Bargaining Unit work, as may be determined by the Minister; MULTIGRADE means one class with different grade levels; HARDSHIP means any island/settlement where the employees do not have access to public utilities not limited to the following i.e.: portable water, electricity, telephone, cable, and medical facilities for secondary care. Access must also be to air transport, banking and a grocery store. ARTICLE 6.0 THE BARGAINING UNIT 6.1 The Bargaining Unit is composed of all teachers and associated education professionals who are public officers employed within the public school system. The members of the Bargaining Unit shall include the following groups of employees:1. 2. 3. 4. 5. District Superintendents Assistant District Superintendents Senior School Inspector Education Officer Principal Grade ‘A’ Secondary School 6 6. Principal Grade ‘A’ Primary School 7. Principal Grade ‘B’ Primary School 8. Principal Central Secondary School 9. Vice Principal Central Secondary School 10.Principal Grade ‘C’ Primary School 11.Principal Special School** 12.Principal Pre-school** 13.Preschool Coordinator 14.Principal All Age School** 15.Vice Principal All Age** 16.Principal Grade ‘D’ Primary School 17.Principal Grade ‘E’ Primary School 18.Vice Principal Grade ‘A’ Secondary 19.Vice Principal Grade ‘A’ Primary School 20.Vice Principal Grade ‘B’ Primary School 21.Vice Principal Grade ‘C’ Primary School 22.Senior Master/Mistress (Secondary) School 23.Senior Master/Mistress (Primary) Grade ‘A’ School 24.Senior Master/Mistress (Primary)Grade B & C School ** 25.Subject Secretary/Examinations Officer 26.Program Producer** 27.Writing Unit Officers** 28.Chief Guidance Counselor 29.Senior Guidance Counselor 30.Guidance Counselor I 31.Guidance Counselor II 32.Guidance Counselor III 33.Trainee Guidance Counselor 34.Chief Librarian 35.Senior Librarian 36.Librarian 1 37.Librarian 11 38.Librarian 111 39.Assistant Librarian 40.Master Teacher 41.Senior Teacher 42.Trained Teacher 43.Trained Teacher Bachelor’s Degree 7 44.Trained Teacher Master’s Degree 45.Trained Teacher Doctorate Degree 46.Trained Teacher Associate Degree 47.Trained Teacher with Certificate with GCE, BGCSE and BJC 48.Assistant Teacher 49.Untrained Teacher Master’s Degree 50.Untrained Teacher Bachelor’s Degree 51.Untrained Teacher Doctorate Degree 52.Untrained Teacher Associate Degree 53.Teacher Trainee 54.Teacher’s Aide 55.Manager BTVI* 56.Assistant Manager BTVI* 57.Chief Technical/Vocational Instructor, BTVI* 58.Senior Technical/Vocational Instructor, BTVI* 59.Technical/Vocational Instructor, BTVI* 60.Assistant Technical/Vocational Instructor, BTVI* 61.Senior Craft Instructor 62.Craft Instructor *These posts are included only when the holders are members of the Bahamas Union of Teachers. ** These posts are included for reclassification. ** *These posts are included for consideration as substantive positions effective July 1st 2011. ARTICLE 7.0 INDUSTRIAL GOODWILL 7. 1 The Employer agrees to allow the Union use of existing notice boards in all work locations where they now exist and subject to its specific approval to erect additional notice boards as the need may arise. 7.2 The Employer agrees to allow executive elected Union Officers reasonable time off with pay during working hours as necessary to conduct Union 8 matters with the Employer. Such time off must be approved by the Director of Education. 7.3 In order to foster good industrial relations and promote the continuance of industrial harmony, the executive officers of the Union may initiate direct communication with the Permanent Secretary, Under Secretary, Director of Education and Manager of Human Resources, for matters not covered by the grievance procedure of, this Agreement. 7.4 The Employer and the Union will hold quarterly consultative meetings to discuss and resolve matters of mutual interest. 7.5 Representatives of the Union shall be invited to jointly tour work areas and inspect facilities along with representatives of the Employer in such manner and at such intervals as the Minister may determine. The Employer undertakes to use best endeavors to schedule such inspections on a quarterly basis and a maximum of five (5) representatives from the Union may go on these official tours. 7.6 The Employer shall furnish the Union with copies of all circulars, rules and regulations that are published for the information of employees. 7.7 The Employer shall provide the Union with copies of all disciplinary or commendatory correspondence placed on the employee's personal file and all information as it relates to disputes or complaints regarding the employee covered under this Industrial Agreement, upon presentation of a letter of authorization from the employee to the Director of Education. 7.8 The Employer agrees that there shall be no intimidation, interference or coercion exercised or practiced upon employees by the Employer. 9 7.9 The Employer and the Union agree that the categories of employees listed at Arabic numerals 1-21 of Article 6 shall be designated administrative staff for the purposes of the management of the public school system. The Union will respect the right of the administrative staff to exercise management functions in accordance with their statutory functions and terms of appointment. 7.10 The Employer agrees that authorized Union representatives may, with reasonable notice, request of the Director of Education and may receive approval to visit the property of the Employer for the purpose of conducting Union business as long as it does not impede the daily operations of the workplace. ARTICLE 8.0 EMPLOYER, EMPLOYEE AND UNION RIGHTS Employer’s Rights 8.1 The Union recognizes that it is the right of the Employer to exercise all the statutory, prerogative and customary powers and functions of management in all matters pertaining to the operation of the Public School System. Such powers shall, so far as reasonably practicable, be exercised in conformity with the terms of this Agreement, which shall in any event not be construed to be inconsistent with the said management powers and functions of the Employer in respect of the public school system. 8.2 The Employer shall have the right to carry out its statutory and legal obligation to provide the requisite leadership for the effective and efficient management of the Public School System to provide quality education for all, and nothing in this Agreement shall be construed to restrict or delimit this right. 8.3 The Employer shall have the right to receive information from the Union necessary for the effective operation of this agreement, and such 10 information shall include (but not be limited to) the following: 1. Five copies of the Union's Constitution, which shall be replaced whenever it is reprinted, and copies of all amendments thereto; 2. The list of elected officers, within 30 days after an election or byeelection; 3. The list of Union Workplace Representatives by 30th September in an election year; 4. The names of new Union Representatives and other changes in the list of Workplace Representatives; 5. The list of members of the Union's Ethics Committee, Candidates Committee and the Election Commission; 6. A current listing of all members of the Union. Employee's Rights 8.4 Each employee shall be provided with a job description for the position he/she is appointed to at the time of posting. The Employer at orientation or at the time of posting shall provide all employees with copies of the Collective Bargaining Agreement and General Orders. 8.5 The Employer agrees to provide each employee with access to a copy of this Agreement and all other policy documents that affect his/her employment. The Employer also agrees to cause each teacher to have access to any changes to these documents in a timely manner. 8.6 The Union shall be responsible for the distribution of this Agreement to its members. 8.7 The Employer shall provide orientation and mentors for all new teachers during the period of probation or initial year of employment, as the case may be. 8.8 The Employer shall provide training to employees prior to the participation in or implementation of any pilot study or new program. 11 8.9 Each employee shall have the right to due process in the event that disciplinary proceedings are initiated against him/her. 8.10 Each employee shall, upon request, be allowed to inspect in the presence of the Employer's representative his/her personal file. Such files may also be inspected as necessary for resolving any complaint that may exist between the employee and the Employer. The employee may have a designated Union official present on such occasions. The employee shall be entitled to an official copy of the Annual Confidential Report (ACR). 8.11 All communications concerning the employee are to be placed on the employee's personal file. The employee must be informed in writing prior to the communication being placed on the file. 8.12 Each classroom/homeroom teacher shall receive the requisite instructional materials as resources allow. Such materials shall be administered and disbursed by the Principal or an administrator designated by the Principal. The Principal shall have an allocation of $200 per teacher for material and supplies. 8.13 The Employer and the Union agree that Preschools will stand alone where possible. The Employer and the union agree that Preschools which stand alone shall have a Preschool Coordinator. 8.14 Any teacher whose performance is determined to be below average, after a performance appraisal report, shall be assigned a more senior and experienced teacher for a six-month period of mentoring. 8.15 Any teacher whose behavior is deemed to be dysfunctional shall be offered professional counseling and help, subject to resources available 12 within the public service, prior to any other action being taken against him/her. Failure to take advantage of the opportunity for counseling and/or treatment, as the case may be, may constitute just cause for disciplinary action to be taken against such teacher. 8.16 Subject to the provisions of any written law and any applicable principles of common law, teachers shall have the right to receive compensation for injury sustained on the job and or damages to his/her health caused by conditions at work. 8.17 Each employee shall have the right to have a union representative or colleague present at any meeting called by the school administration or other representative of the employer to discuss matters relating to his or her performance, especially matters related to charges of misconduct. Union Rights 8.18 The Union shall be consulted on any matter which affects the terms and conditions of service, as provided for in this Agreement and the Recognition Agreement, of the members of the Bargaining Unit collectively or any sub-group of them or any individual member. When the need arises, negotiations shall be engaged to allow the Employer and the Union to agree a resolution to such matters. 8.19 The Union shall be provided with information from the Employer to assist it with discharging its duty to the members of the Bargaining Unit. Such information shall include (but not be limited to): data relevant to the compilation of the Collective Agreement, current employees in the Bargaining Unit segmented by workplace and employee group, a copy of each policy document affecting employees, lists of advertised vacancies and circulars. 8.20 The Employer agrees that it will not promote, transfer or reassign, without consultation with the Union, any employee holding any of the 13 following offices of the Union, namely: President, Vice President, Secretary General, Assistant Secretary General, Treasurer, Assistant Treasurer, Area Vice Presidents, Trustees, Executive Members, Chaplain and Union Workplace Representatives. 8.21 If such promotion, transfer or reassignment affects the Officer's status as a representative of the Union, then the Employer undertakes to give the Union reasonable notice before proceeding. 8.22 When it is necessary for a Union Workplace Representative to leave his/her work location to investigate a complaint and/or adjudicate complaints, the Union Workplace Representative shall request permission from the Principal/Section Head, and such requests shall not be unreasonably denied. 8.23 The Union Workplace Representative or an elected official may request through the appropriate channels and in the presence of the employee or with his consent, all evidence relating to a dispute involving the employee, and such information shall be provided. The Union representative shall also be permitted to interview the aggrieved employee, with the employee's consent. Where personal confidential information is required, a letter of authorization as is referred to in Article 7.7 shall be sufficient for indicating the employee's consent. 8.24 Union Workplace Representatives may be designated for the purpose of investigating, presenting and addressing complaints. 8.25 The Union may request, upon giving reasonable notice and subject to receiving approval from the Principal or any one acting in such capacity, a meeting of teachers at the work location provided that the meeting does not interfere with the direct instruction of students and does not impede the daily operation of the work location. 14 8.26 Executive officers who teach shall have the right to use up to eighteen (18) days of Union leave per academic year for the purpose of conducting Union business. The Union may apply to the Permanent Secretary on behalf of an Executive officer for additional union leave up to a maximum of twenty-four working days. 8.27 Part time Executive Officers because of their extra duties shall have a reduced timetable the same as grade level heads and Subject Coordinators. 8.28 Union Shop Stewards shall be granted twelve (12) working days for training purposes. ARTICLE 9.0 UNION DUES AND CHECK-OFF SYSTEM 9.1 The Employer agrees to deduct an amount equal to the current rate of union dues from the salary of each union member monthly and remit the same to the Union after the end of each month, provided that each employee authorizes the Employer in writing on the prescribed form to make such deductions. The dues rate shall be "2.5% of the starting salary of a trained teacher" in accordance with Article 10.4 (b) of the Union's Governance Manual. 9.2 The Employer agrees to deduct an amount equal to 90% of dues as Agency Shop fees from the salary of each teacher who is not a member of the union monthly and remit the same to the union. This provision complies with Section 47 (1) (b) of the Industrial Relations Act. 9.3 Whenever there is an increase in union dues, the Employer shall accept a copy of the regulation containing the revised scale established pursuant to 15 the Union's Constitution and by-laws and in accordance with the Union's Governance Manual, which shall have been duly registered by the Registrar under the Industrial Relations Act, as the legitimate authorization to implement the requisite adjustment in salary deductions. 9.4 Union membership dues deducted in any one (1) month shall be the dues for the month in which the deduction is made. 9.5 Deduction of Union membership dues will commence in the month following the month in which the Employer receives the authorization form. 9.6 If an employee wishes to cease deductions for union dues, he must notify the Employer in writing and deductions will cease in the month following the month in which the written notice was received. 9.7 Deductions will be made after all claims by the Employer against the employee's pay have been satisfied. Payment of Union dues shall be made to the Union's account after the end of each month. The Employer will provide the Union with a list of employees from whom deductions have been made. 9.8 In the event the Employer is prevented from making deductions due to any major system error or malfunction, the Employer shall notify the Union. 9.9 The Employer will use best endeavors to comply with the provisions of this section but it is relieved by the Union of both responsibility and liability for making or failing to make deductions hereunder. 9.10 In the event of any action at law against the Parties hereto resulting from any deduction or deductions from payrolls made by the Employer pursuant 16 to this section of the Agreement, the Union shall indemnify and hold harmless the Employer from any action, damages, losses, costs, liability, or expenses suffered or sustained by the Employer. ARTICLE 10 .0 EDUCATIONAL POLICY Curriculum Development 10.1 The parties accept that there is a direct correlation between national development and educational advancement. The parties agree to review the current curriculum and to modify it as may be necessary so that it remains relevant to all levels of the public school system. Leadership 10.2 The parties agree that the Employer, to the extent permitted by resources, will provide all members of the Bargaining Unit who are promoted or appointed to positions of leadership within the public school system with orientation and training and provide for their ongoing professional development. Administrators who have been confirmed shall have training within one (1) year of posting. A module shall include Industrial Relations practices. 10.3 Training for employees who are reassigned as Librarians shall be facilitated within six (6) months of posting. 10.4 The Employer agrees to provide for the effective supervision and evaluation of Principals and other administrative employees in the public school system. Planning 10.5 The parties agree that planning is critical for the effective and efficient operation of the public school system and to enhance and manage its growth and development. 17 10.6 The Employer accepts its obligation to establish and maintain an effective planning strategy to improve the operation of the public school system and to promote its growth and development. 10.7 The Employer agrees to consult with the Union in conducting its planning activities. Maintenance and Repair of Schools 10.8 Consistent with its resources, the Employer agrees to give priority to the maintenance and repair of schools. 10.9 The Employer will give consideration to conducting major repairs and maintenance during the annual summer vacation (e.g., July and August). The Principal shall have the scope of works for the school repairs no later than the end of May of each year. 10.10 The Union shall have the right to be informed on repairs and maintenance issues and to be consulted on any matter, which may impact working conditions. ARTICLE 11 CAREER PATH AND PROFESSIONAL DEVELOPMENT Career Path 11.1 The parties agree that the Career Path System established in 1997 was established for the purpose of providing incentives to encourage teachers to remain in the classroom. The Career Path System for all employees shall be reviewed by both parties from time to time to address issues, resolve problems and to enhance growth and development of employees. Agreed policies and procedure for the operation of the career path system shall be published in a handbook. 18 Career Path for Guidance Counselors (Please see ‘Appendix C’ attached). Professional Development 11.3 The Employer accepts that it has a duty to provide professional development programs for teachers in the public school system. All teachers and administrators are eligible to benefit from the professional development programs. ARTICLE 12 SCHOOL SIZE AND ALLOCATION OF STAFF 12.1 The parties acknowledge that the size of a school in terms of enrollment can affect its capacity to be effective. Accordingly, to the extent permitted by resources, the Employer agrees to have regard to this principle in determining the maximum enrollment for any secondary or primary school. Class Sizes 12.2 Preschool – no more than 20 STUDENTS per class PRIMARY – no more than 25 STUDENTS per class SECONDARY – no more than 25 STUDENTS per class TECHNICAL & VOCATIONAL – no more than 15 STUDENTS per class 12.3 The Union acknowledges the right of the Employer to staff schools. To the extent permitted by resources, the Employer will use best endeavors to ensure that schools are effectively staffed to achieve maximum efficiency and effectiveness. Professional Teaching Staff 12.4 The Union acknowledges the statutory right of the Employer to allocate 19 and determine the complement of teaching staff. However, the Employer agrees to consult with the Union in determining staff/student ratio based on subject categories, allocation of staff at various schools and class sizes. ARTICLE 13.0 SAFE LEARNING ENVIRONMENT 13.1 A safe and orderly learning environment for both teachers and students is declared to be a priority of both the Employer and the Union. Such an environment requires that disruptive behavior be dealt with safely, consistently, and in a manner that incorporates progressive disciplinary measures. 13.2 The Rules governing discipline are set forth in the Rules/Procedures for Creating Safe Schools and the parties agree to periodically review this document to ensure that it remains current and applicable to the class environment. 13.3 The parties agree that firm and consistent enforcement of appropriate disciplinary action must be taken with regard to assault on a teacher or any employee, and other violations cited in levels 2, 3 and 4 of the Rules/Procedures for Creating Safe Schools. 13.4 The parties agree that the Employer shall reimburse and/ or replace, repair any lost stolen or damage to the Employees’ vehicles or any personal property which occur due to students’ violence or negligence on the schools’ compound or any school related activities whether on or off the school campus within four (4) weeks. The teacher shall provide proof of purchase. 3.5 The employer shall pay for medical expenses in full to teachers who are injured due to students’ violence or negligence on the schools’ compound 20 and the time shall not be deducted from sick leave. 13.6 The parties recognize the potential for difficult circumstances and problems related to the use of corporal punishment. Accordingly, they agree that corporal punishment shall be administered strictly in accordance with the provisions of the Rules/Procedures for Creating Safe Schools and any other applicable policies. 13.7 The teacher should not be subjected to harassment, interference, verbal abuse (yelling, abusive language, insults, threats) and sexual or physical abuse by students or parents/guardians in the performance of his/her duties, in accordance with the provisions of the Rules/Procedures for Creating Safe Schools and any other applicable policies. 13.8 The teacher shall have the right to refer a seriously disruptive student and/or one who engages in unacceptable behavior as defined in the Rules/Procedures for Creating Safe Schools to the Principal and may recommend removal from the classroom. The Principal shall inform the teacher of the corrective action(s) taken against the student prior to the student's return to the classroom. 13.9 The parties agree that if the teacher is subjected to any of the behaviors specified at paragraph 13.7 of this Article, the student may be referred to the Principal with a recommendation for removal from the classroom while an investigation is being conducted. 13.10 In the case of assault and/or battery upon a teacher, the Principal shall immediately suspend the student, and may recommend his/her expulsion. The matter shall be reported to the Police, and the teacher should be allowed time-off as necessary to participate in any investigation or legal process that might result. 13.11 21 Time off shall be granted to an employee who has been assaulted or injured in the cause of duty and has the need for psychological consultation and this time shall not be deducted from sick days. 13.12 The Principal must immediately report to the Police any criminal act occurring on school premises or at any school-related function, including athletic events and field trips. 13.13 The Employer shall provide adequate security personnel for duty during school hours and at official school-based functions. 13.14 It is the declared policy of the Employer and the Union that while interaction between the school and the community is encouraged, in the interest of maintaining a safe learning environment and continuity of instruction, observers and/or visitors to classrooms shall be limited to authorized employees, parents of students in the visited classroom, and other persons expressly authorized by school administration. ARTICLE 14 DISASTER MANAGEMENT Disaster Management 14.1 The Employer shall ensure that each school has an emergency/disaster management plan, and that it is tested at least twice per academic year. The disaster management plan shall include an evacuation plan and fire drills. 14.2 The Employer agrees to equip buildings with fire extinguishers and other safety equipment or features as may be necessary, in compliance with the Building Code, to ensure the safe exit of occupants in the case of an emergency. 14.3 The parties agree to consult in the event that the Meteorological Department issues a hurricane watch/warning or advice of other adverse 22 weather conditions in respect of any area of The Bahamas. Schools likely to be affected will be closed on the order of the Minister, or on the order of any appropriate official made in the exercise of his/her functions pursuant to any written law. Affected schools shall remain closed until reopened on the authorization of the Employer. ARTICLE 15.0 HEALTH & SAFETY 15.1 The Employer acknowledges its primary responsibility for providing safe and sanitary working conditions as well as safety training for its employees. The Union recognizes that the employees also share responsibility in this, and hereby undertakes to cooperate with and assist in enforcing among the employees, the safety and health regulations of the Employer. As far as resources allow the employer shall appoint a full-time nurse to every school in the event of injuries, accidents or sickness for teachers and students. First Aid Training should be afforded to all staff members on a regular basis. 15.2 The Union undertakes to assist the Employer in the development of an adequate safety program for the protection of employees by appointing two (2) suitable employees with the power to co-opt additional members as the need arises. The Employer shall select, with the Union's assistance, an adequate number of employees to perform, in addition to their normal duties, First Aid duties as may be required. The Employer will undertake to provide First Aid training for those selected, First Aid Kits, necessary equipment and a designated area for treatment. 15.3 The Employer shall appoint a Working Conditions Health and Safety Committee of five (5) members, which shall remain subject to the general direction and control of the Minister, and which shall include two (2) Union nominated representatives. The purpose of this committee shall be to ensure comfort, protection, safety and health of the employees at the 23 work place. The Committee shall meet at least once per school term or as necessary for the exercise of its function. 15.4 The Committee will strive as far as possible to improve the physical working conditions at the workplace, with a view to eliminating accidents and illnesses, and in pursuit of this shall: (a) receive and review accident injury and job related illness reports pertinent to the committee's investigation, and make recommendations to prevent recurrence; and (b) receive and investigate complaints regarding unsafe and unsanitary working conditions and make recommendations to resolve such hazards and complaints. 15.5 The parties agree that the workplace shall be kept clean and sanitary at all times. The Employer accepts that it has the primary responsibility to ensure that the work place is clean and sanitary and the Employer shall provide cleaners at all of its facilities. 15.6 The Employer agrees to provide drinking water facilities at each workplace. 15.7 Employees will not normally be required to work under unsafe or unsanitary conditions. However, the parties recognize that some events are beyond the Employer's control and temporary hardships may occur. In the event of such occurrences, the Employer agrees to allow necessary relief and additional break periods or dismissal if the situation is not rectified after following the agreed procedure. 15.8 In the event of hurricane warning or natural disaster, the Employer will allow employees adequate time off to secure their properties. 24 Emergencies 15.9 The Employer and the Union accept that emergencies will arise. When an emergency occurs, the Employer shall take appropriate action to protect the health and safety of employees at the workplace, and to restore the teaching conditions as soon as it is practicable. 15.10 The Employer and Union agree that the following, inter alia, are examples of situations that may constitute emergencies and which may disrupt the instructional program: 1. No access to water for washing of hands and flushing of toilets; 2. No electricity at schools lacking an effective ventilation system but not limited to Uriah McPhee and Stephen Dillet Primary Schools; 3. Extreme disorder due to violence on the school campus; 4. Extreme cold (55 degrees on campus temperature) and extreme heat; 5. Presence of smoke, foul odour, infestation of insects, chemicals, dump, sewerage or other substances considered to be a health hazard; 6. Serious accident on the school campus; 7. Damage to buildings, equipment and supplies caused by a natural disaster or fire that impedes the function of the school; 8. Any other national emergency (such as a hurricane or other natural disaster) declared by the appropriate authorities. 15.11 Whenever the school is disrupted for more than one day, consultation will be held with the Union, with a view to developing an interim management plan and/or resolving the problem. ARTICLE 16.0 STAFF MOVEMENTS Staff Deployment 25 16.1 The Union acknowledges the right of the Employer to post, deploy reassign or transfer teachers in accordance with the staffing needs of the public school system. 16.2 The Union also acknowledges the statutory right of the Public Service Commission to approve promotions to substantive positions within the public school system until such time as the Teaching Service Authority is implemented. Reassignment 16.3 The Employer shall give written notice to the Union of all proposed reassignments by the end of the second week in May of any year. 16.4 An employee shall indicate to the Employer if a proposed reassignment to another island, same island/settlement would cause undue hardship on his/her family or adversely affect any health or medical condition or treatment for such conditions, as may be certified by a medical practitioner. 16.5 The Employer will give due consideration to minimizing or avoiding such hardships with respect to its reassignment policy, provided that movements within the same island shall not be impeded by any of the circumstances mentioned in paragraph 16.4 of this Article, although exceptions may be made in extreme cases. 16.6 The Employer agrees that the reassignment of a teacher from one island to another should not normally exceed five (5) years. If the period is in excess of five (5) years, the employee will be eligible for a continuation of the rental subsidy as provided for in Article 41. 16.7 26 In the event of reassignment from one island/settlement to another initiated by the Employer, the Employer shall: (a) pay the costs of transportation for that employee and his/her immediate family (spouse and dependent children) from his/her current residence to the new; (b) provide at its own expense temporary accommodations for the employee and his/her immediate family, spouse and dependent children, for a period of at least one (1) week. Thereafter, the Employer will pay the rent for permanent accommodations selected from a list of premises approved by the Employer; and (c) pay costs of relocation from the employee’s home base to the island of assignment and freight expenses for personal effects. (d) The Employer shall pay first and last month’s rent and security deposit for all employees reassigned or on first appointment to a Family Island and Grand Bahama. 16.8 In cases where an employee who normally resides in one island is temporarily assigned to work or to be trained in another island, the Employer will pay: (a) the cost of transportation from the island on commencement of the assignment and back at the end of the assignment; and (b)reasonable living accommodation expenses at the single occupancy rate for each employee away from his/her home base, unless otherwise mutually agreed to by the Employer and the employee concerned. 16.9 Except in urgent cases, the Employer undertakes to use best endeavors to ensure that the reassignment of teachers is planned to take effect at the beginning of the school year. 16.10 The Employer agrees that the posting letter should be given to teachers and administrators no later than the third Monday in June of any year. 16.11 The Employer agrees that in the case of a reassignment not initiated by a 27 teacher, the District Superintendent/Education Officer and the Principal shall hold a conference with the teacher no later than the third week of May of any year to discuss such reassignment. Where a teacher requests reassignment, such request must be made in writing on or before the first Monday in March of any year. 16.12 The Employer retains the rights to abridge any of the aforementioned periods of notice for reassignment to deal with exigencies or unforeseen occurrences that may require urgent responses to fill vacancies within the public school system. In such circumstances, the employer shall give at least seven (7) days notice to allow the employee reasonable time to organize his/her personal affairs. ARTICLE 17 SUPERVISION AND EVALUATION 17.1 The Employer and the Union reaffirm their commitment to quality education. The parties agree that assessment of teaching performance is predicated upon the expectation of ongoing professional growth and that the primary objective of evaluation is to improve the effectiveness of all teachers. 17.2 Within three (3) months of the signing of this agreement the Employer and the Union agree to provide a Performance Appraisal Instrument for teachers to evaluate Principals and other Administrative employees in the Public School System. 17.3 The Employer and the Union also agree that a committee comprised of one (1) Administrator, one (1) Union representative, one (1) Department of Public Service representative and one (1) Department of Education representative shall construct a Performance Appraisal instrument. 28 17.4 The Employer and the Union shall comprise a working group to look at the feasibility of an ACR for Administrators. The working group must have Administrators represented. 17.2 Teachers are entitled to an evaluation that is fair, equitable, and impartial. The parties agree to the continuation of a developmental approach to improving teaching performance using the assessment methodologies and performance appraisal instruments (Performance Appraisal for Teachers Form 2) approved by the Employer, as may be revised from time to time. The Employer agrees to implementation of any proposed changes to the existing evaluation form. 17.3 Administrators/ Teachers, who have served for 30 years or more and have outstanding ACRs for three (3) years or more, should receive at the end of the third year an accelerated increment. 17.4 Teachers serving 25 years or more with outstanding ACRs for three (3) consecutive years or more, shall only be formally evaluated if they apply for a promotion to Senior or Master Teacher. 17.3 The results of such evaluation shall be discussed with the teacher(s)/employee (s) concerned during the consultation. A teacher/employee shall have the right to request a review of an assessment by following the prescribed Public Service process. 17.4 Administrative and other employees shall be assessed in accordance with the form currently prescribed for the Public Service (Public Service Commission Form 9) until the Teaching Service Authority is implemented and or the performance appraisal instrument is constructed. 29 17.5 All teachers are expected to demonstrate, through the performance of their professional responsibilities, a mastery of basic skills, fundamental teaching competencies, and subject-matter skills in the area of certification. ARTICLE 18 PROFESSIONAL FREEDOM 18.1 The Union recognizes that the Minister has the statutory authority to establish educational policy and guidelines for the utilization of instructional materials of any nature in classroom presentation. 18.2 Subject to such direction and control, teachers shall enjoy academic freedom in the discharge of their professional duties. They shall have both the right and responsibility to use the highest intellectual standards in studying, investigating, presenting, interpreting and discussing the subject in the classroom. Teachers shall not subject students to discussion in the classroom of topics irrelevant to the content of the courses prescribed by the national curriculum. 18.3 The Employer acknowledges that teachers are particularly qualified to judge the teaching aids and methods most suitable for their pupils, and agrees to consult with them on the choice and adaptation of teaching materials, the selection of textbooks and the application of teaching methods, within the framework of the approved programs determined by the Employer. 18.4 The teacher shall not abuse his/her right to professional freedom by introducing profanity, pornography, lewd remarks or vulgarity into the learning environment or by seeking to impose/enforce their personal beliefs on students. The teacher accepts that he/she holds a professional position in the community which involves the obligation to be accurate, to exercise appropriate restraint and to show respect for the rights of others 30 to express their views. 18.5 Nothing in this article shall exempt teachers from the duty to teach diligently the subjects and courses of study prescribed by the Minister. ARTICLE 19 INFORMATION AND COMMUNICATIONS TECHNOLOGY (ICT) 19.1 The Parties recognize that computers and information technology has become an essential classroom tool for the acquisition, analysis, presentation and communication of data in ways that allow students to become more active participants in research and learning. The Parties agree that it is desirable for teachers to know how to effectively and efficiently use computers and software to incorporate microcomputers into instructional strategies. ARTICLE 20 ITINERANT DUTIES 20.1 The Parties accept that there is a need for some teachers to perform itinerant duties in order to ensure access to quality education by all students in The Bahamas. Where a teacher is engaged in such duties, one school shall be designated as his permanent work location for administrative purposes. 20.2 Teachers who are required to perform itinerant duties shall be entitled to an itinerant allowance as provided for in Article 41 of this Agreement. ARTICLE 21 GENERAL CATEGORIES OF LEAVE Maternity Leave 21.1 All female employees who become pregnant shall normally be allowed to remain at work prior to confinement. The employee must advise in writing 31 of the approximate confinement date and when she expects to cease work. The Employer, may at its discretion, change the employee's work location during this period without loss of pay. 21.2 All female employees whose maternity leave commences within the period of the Summer, Easter, Christmas breaks shall be entitled to a full 12 weeks of leave excluding the time therein as per the Employment Act. 21.3 Vacation time should not be taken away if maternity leave or paternity leave comes during the Institutional Leave. 21.4 Whenever, during the period preceding confinement, the pregnancy of an employee interferes with the performance of the employee's duties, or the employee's physician decides that it is inadvisable for her to continue working, the Employer may require the employee to take leave, in accordance with the Employment Act. 21.5 All female employees after completion of one (1) year's service will be granted twelve (12) calendar weeks maternity leave (which shall be for a continuous period including the period of confinement) and shall be at full pay. Additional maternity leave up to a maximum of six (6) weeks without pay will only be granted upon the request of an employee and on the recommendation of the attending physician. National Insurance Board 21.6 All maternity leave is subject to a medical certificate and no maternity leave with pay will be granted more than once every three (3) years to the same employee. 21.7 An employee returning from maternity leave shall be returned to the classification held at the time maternity leave was requested, unless 32 otherwise agreed by the employee and the Employer. 21.8 Maternity leave without pay will be granted where the employee is not eligible for paid leave. 21.9 Leave associated with illness during the first twenty-four (24) weeks of pregnancy will be considered as gynecological and therefore sick leave rather than maternity leave. Medical certificates must support applications for leave. 21.10 A female teacher/employee residing in all categories of hardship areas may be granted three days leave for travel to another island for the delivery. This time shall not be deducted from maternity or sick leave. Paternity Leave 21.11 A male employee/teacher who is not entitled to vacation leave may, upon the presentation of evidence of the birth of a child with his wife, apply for one (1) week leave with pay. Such leave shall not be granted more than once every three (3) years and shall be taken in accordance with the policy to be determined by the Employer in consultation with the Union. Adoption Leave 21.12 A female employee may apply for leave with pay after one (1) year of service upon the presentation of evidence of a formal adoption. Such leave shall not be granted more than once every three (3) years in accordance with the policy to be determined by the Employer in consultation with the Union. Employees may be granted adoption leave as follows: Child's Age Adoption Leave Less than 1 year 12 weeks 1 - 5 years 6 weeks Sick Leave 33 21.13 An employee who is prevented by illness from performing his duties at his place of work and who is not on leave must in every instance report the fact immediately to the Employer, by telephone if possible. Within fortyeight hours of his illness, he must cause to be delivered to the Employer a medical certificate of incapacity for work signed and dated by a Registered Medical Practitioner certifying, if such is the case, an incapacity for work for a period longer than two (2) working days and stating the probable duration of the incapacity. 21.14 The Employer and the Union agrees that members included in this Bargaining Unit shall be entitled to twenty (20) sick days and ten (10) casual days. 21.15 Sick days apply from the time an employee is actually ill or incapacitated to a degree that he is unable to perform his duties as certified by a registered medical practitioner. 21.16 All leave in excess of yearly entitlements including accumulation as per 21.21 of this Article shall be paid at seven-eighths (7/8) of the full rate for a period of up to a maximum of five (5) months. Sick leave in excess of the maximum of five (5) months shall be paid at half (1/2) pay for a maximum of six (6) months. 21.17 A medical certificate indicating that the employee is unable to work shall be required in all cases after two consecutive days of absence on account of sickness or injury. 21.18 The medical certificate should be forwarded promptly and directly to the teacher's Principal. 21.19 In calculating periods of sick leave and determining when an employee will 34 resume duty, Saturdays, Sundays and public holidays falling within a period of sick leave will count as days of sick leave, but will not be deducted from the total number of sick leave eligibility of twenty (20) working days per calendar year with full pay. 21.20 In all cases where a teacher/employee is returning from Sick Leave of a serious nature, he must furnish the Employer with a statement from the attending physician stating that the teacher/employee is medically fit to resume work. 21.21 When an employee returns to work after an illness and can only work in a limited capacity, the physician's statement must clearly state the work limitations and the Employer will consult with the Union prior to the employee being assigned. Unused Sick Leave 21.22 The Employee is entitled to twenty (20) sick days per calendar year. All unused sick days shall be accumulated and banked to be used for retirement, extended periods of illness and emergencies. Compassionate Special Leave 21.23 The Employer will grant compassionate special leave with pay for a total of eight (8) days per year as follows: (a) Compassionate special leave with pay, may be granted by the Principal for the employee to attend to urgent personal affairs, up to a maximum of three (3) days; (b) In circumstances such as accidents, deaths and serious illness of immediate family (parents, spouse, siblings or children) and emergencies caused by fire or flooding, etc.), the Director of Education may grant up to a maximum of six (6) days per year. Applications for the grant of such leave shall be accompanied by a statement of the reasons for the application, which will be treated as confidential. Vacation Leave 35 21.24 1. Teachers in the non-administrative group shall be entitled to institutional leave in lieu of vacation leave. Institutional leave includes the Summer, Christmas, Easter and Mid-Term breaks each of which shall commence not earlier than, and end not later than the dates fixed in each school year by the Employer. 2. Teachers performing administrative duties are entitled to five (5) weeks vacation leave and ten (10) days casual leave. In accordance with General Order 1504 vacation leave may be accumulated in respect of any period not exceeding three (3) years. 3. Administrators shall have (5) weeks vacation per annum. Study/Career Enhancement Leave 21.25 Each teacher shall be eligible to apply for study leave with full pay or subject to any other terms in accordance with the policy of the Public Service. The maximum aggregate study leave shall be 48 months. Special leave 21.26 A teacher will be granted special leave with pay to participate in a sporting, educational or cultural event approved by the Employer. Special leave may be granted to teachers on special assignment for the Employer or the Employer and the Union jointly. 21.27 Employees who are selected members of a Government Committee shall be allowed, on request, reasonable time off from work with pay to attend such meetings. Members of philanthropic organizations such as Scouts and Girl Guides, the Federation of Youth Clubs and the Red Cross may be granted special leave with pay to attend conferences and leadership courses held by their organization. Casual Leave 21.28 Employees in the Bargaining Unit presently not eligible for payment of overtime may subject to the exigencies of the service be granted casual 36 leave at the rate of ten (10) working days a year in accordance with General Order 1624(A). Casual leave may not be added to vacation leave or half pay leave; nor may it be accumulated. Leave of Absence 21.29 The Employer may grant a leave of absence without pay for any teacher having due regard for the exigencies of the public school system and the purpose for which the leave is requested. The number of persons allowed off at any time and the length of time allowed are subject to the discretion of the Employer. Time-off for Union Elections 21.30 Each member of the Union shall be allowed up to a maximum of two (2) hours time-off to vote in union elections and/or referenda. The principal and the shop steward shall approve a schedule to facilitate voting time-off to minimize any negative impact on the functioning of the school. This time is exclusive to the lunch hour. Sabbaticals 21.31 All professionally qualified employees of exceptional ability shall be eligible for a sabbatical with full pay after completing at least 10 years of outstanding service, provided that consideration may also be given to employees with fewer than ten (10) years' service in meritorious cases. The maximum aggregate time allotted for a sabbatical is 12 months. 21.32 A sabbatical may be granted for any of the following purposes, subject to obtaining the prior approval of the Employer: to conduct research related to the teacher's field of expertise, to write and publish books or texts, or conduct other related pursuits. Sabbaticals shall be granted based on the exigencies of the service, as determined by the Employer, and persons granted sabbatical shall enter into an appropriate bond with the Employer. 21.33 Teachers who apply for sabbatical leave should be able to register and 37 complete their studies with an on line degree (if the teacher so chooses) from an accredited institution. Banking Leave 21.34 Each teacher/employee shall be entitled to one (l) hour per month for the purpose of conducting their personal banking. This is exclusive of the one (1) hour for lunch. Family Islands where there are no banks shall have a maximum of three (3) days for banking. 21.35 The Principal shall compile a roster so that each teacher/employee may conduct their banking with minimal disruption to the school day. ARTICLE 22 INJURIES IN THE COURSE OF EMPLOYMENT 22.1 An employee who is injured on the job shall report the accident immediately to his Principal and thereafter to the Shop Steward. The Principal shall immediately complete the necessary accident form and submit it to the Head of Department. The Employer agrees to confirm in writing to the Union within forty-eight (48) hours that an accident has been reported by the Employee. 22.2 When an employee suffers a disabling work injury arising out of or in the course of employment properly certified by a registered medical doctor he shall be paid at his normal rate from the first day of the injury for a period not exceeding fifty two (52) consecutive weeks without loss of sick leave entitlement. 22.3 Should it be determined that the Employer is liable for the disabling work injury, then a period not exceeding fifty-two (52) consecutive weeks or the part of the period of fifty-two (52) consecutive weeks (inclusive of the 40 weeks mentioned in paragraph 22.2 of this Article) will be paid sick leave without loss of sick leave entitlement. 22.4 38 Where an employee returns to work after recovering from the injury he shall be reinstated to his former position without loss of seniority or reduction in salary provided that in the judgment of the Employer, the employee can perform the duties and responsibilities as before the accident. If the employee cannot do so, then another job will be sought provided he is employable. In the event that no suitable job exists, the employee may be retired on medical grounds in accordance with the provisions of the Pensions Act. 22.5 Any employee who suffers an accident while on duty which is covered by a certificate from a licensed medical practitioner shall be paid at his normal rate of pay for the whole period as provided by the National Insurance Board. Claims for medical expenses arising from an injury sustained while on duty shall be processed in accordance with the National Insurance "Industrial Benefits" provisions, without prejudice to the right of the employee to seek any other remedy which may be available to him by law. ARTICLE 23 MEDICAL REVIEW COMMITTEE AND BOARD 23.1 The Employer, in consultation with the Union, shall establish a Medical Review Committee, comprising three (3) representatives of the Employer and two (2) Union representatives for the purpose of investigating the teacher/employee's suitability for continued employment after an extended period of sick leave. 23.2 The Medical Review Committee will interview the teacher/employee who has been on extended sick leave beyond eighteen (18) months to investigate his/her suitability for continued employment, and make recommendations to the Permanent Secretary, Ministry of Education. 23.3 Where there is clear medical evidence from a licensed - medical practitioner of a teacher/employee's physical or mental unsuitability for continued employment, the Permanent Secretary, Ministry of Education, may refer the matter to the Permanent Secretary responsible for The 39 Public Service with his/her recommendation. The teacher/employee shall be advised of the process. 23.4 Where a teacher's physical or mental unsuitability for continued employment is not apparent, or the medical evidence is inconclusive, the Permanent Secretary, Ministry of Education shall refer the matter, through the Permanent Secretary responsible for The Public Service, to the Public Service's Medical Review Board for evaluation. 23.5 The Medical Review Board shall conduct such physical or psychological examinations it may deem necessary to thoroughly evaluate the teacher/employee. The Board shall advise the Permanent Secretary responsible for The Public Service of its evaluation regarding the teacher/employee's suitability for continued employment. 23.6 The Permanent Secretary, Ministry of Education, shall advise the Union of the decision based on the Medical Review Board's recommendation twenty (20) working days before any action is taken with regard to the teacher/employee's continued employment. 23.7 If it is determined that the teacher/employee is to be retired on medical grounds, the teacher/employee shall be entitled to notice in accordance with General Order 1579. ARTICLE 24 RE-ENGAGEMENT OF F ULL-TIME UNION OFFICERS 24.1 A full-time officer of the union shall be granted unpaid leave for the period served. However, his or her years of service in the Union shall be included for the purposes of determining the eligibility of the officer for the grant of a pension or gratuity, in accordance with the Pensions Act. ARTICLE 25 40 DISCIPLINE 25.1 The Union and the Employer recognize and accept that, pursuant to Article 108 of the Constitution, the power to make appointments to public offices and to remove and to exercise disciplinary control over persons holding or acting in such offices is vested in the Governor-General, acting in accordance with the advice of the Public Service Commission. 25.2 The Union and Employer recognize and accept that the Governor-General may delegate any or all of the functions under the Public Service Commission Regulations to Permanent Secretaries or to such other authority or public officers as may be specified. 25.3 With respect to the institution of disciplinary proceedings against teachers, the Union and the Employer will be governed by the provisions of the Public Service Commission Regulations and any other applicable law, or rules governing the conditions of service for persons employed in the Public Service. 25.4 Acts of misconduct or breaches of discipline that may require investigation and disciplinary action shall be those that may be prescribed for the Public Service generally or which apply by virtue of any law or General Orders and applicable penalties shall be those that are prescribed by the Public Service Commission Regulations or any other law or rules. ARTICLE 26 GRIEVANCE PROCEDURE Purpose 26.1 It is recognized that complaints may arise between the Union and the Employer or between the Employer and any employee(s) concerning the application of the terms and conditions of employment, as defined in the Agreement. The Employer and Union desire that these complaints be settled in an orderly, prompt and equitable manner so that the efficiency 41 of the public school system may be maintained. The initiation or presentation of a complaint by an employee/teacher will not adversely affect his/her standing with the Employer. General 26.2 The Employer and Union agree that the following provisions for a collective and individual grievance procedure supersede and replace the grievance provisions contained in the 1965 Recognition Agreement and the Collective Bargaining Agreement. 26.3 For the purpose of this Agreement a grievance is a complaint regarding the interpretation, meaning or application of this Collective Agreement including any question as to whether it has been misunderstood, misinterpreted or violated or any other complaint arising out of the terms and conditions of service of the employees covered by this Agreement. 26.4 The parties hereby agree that should any grievance arise between the Employer and the employee(s), and/or the Bahamas Union of Teachers and the Employer, an earnest effort shall be made to settle the complaint in accordance with the following provisions and any other applicable legislation. Individual Grievance Procedure 26.5 It is agreed that the Union may represent employees for presenting any grievances to the Employer provided that the employee has first presented such grievances or complaints as soon as possible to the relevant administrator. 26.6 Grievances must be registered as soon as possible. However it is agreed that delays may arise due to location or other unavoidable causes. In these cases, the Union must register complaints on a timely basis but in any event within thirty (30) working days from the date the complaint occurs. Complaints shall be dealt with in accordance with the following procedures: 42 STAGE 1 26.7 A Union representative or aggrieved employee shall, in the first instance, discuss the complaint with the Principal/Supervisor. The Principal/Supervisor shall be given five (5) working days in which to give his formal reply. STAGE II 26.8 If a satisfactory solution is not arrived at the Union and/or the employee may, within five (5) working days following the receipt of the reply, request a meeting with the District Superintendent. Such requests shall include a complete statement and evidence in writing as to the nature of the complaints, and the Employer and the Union's representatives shall not exceed three (3) in number from each side at such meetings. The decision of the Employer's representative shall be confirmed in writing to the Union within five (5) working days of the last of the said meetings. STAGE III 26.9 If the matter is still not satisfactorily resolved the Union may, within five (5) working days of the receipt of such decision, request of the Manager of Human Resources in the Ministry to schedule a meeting with the Director within five (5) working days to seek to resolve the matter. 26.10 The representatives of the Union and the Employer at such meetings shall not exceed five (5) in number from each side. The decision of the Director shall be confirmed in writing to the General Secretary of the Union within five (5) working days of the last of the said meetings. STAGE IV 26.11 Notwithstanding the provision of the procedure outlined above, every employee who has disciplinary action taken against him or her shall have the right to appeal to the Permanent Secretary. 43 STAGE V 26.12 If the matter is still not satisfactorily resolved, the Union may take such steps as are available under the provisions of the Industrial Relations Act and/or the employee may take such steps as are available under the Public Service Commission Regulations. Collective Grievance Procedure/Prevention and Settlement of General Disputes 26.13 If the Employer considers that any section of this Agreement is being misunderstood, misinterpreted or violated in any respect by the Union and/or employees, it may within thirty (30) days of becoming aware of an occurrence which it claims demonstrates such misunderstanding, misinterpretation or violation file a complaint with the Union in writing and cause the matter to be discussed and dealt with. If the matter is not satisfactorily resolved, the Employer may take such steps as are available under the Industrial Relations Act. 26.14 If the Union considers that any section of this Agreement is being misunderstood, misinterpreted or violated in any respect by the Employer, it may within thirty (30) days of becoming aware of such an occurrence which it claims demonstrates such misunderstanding, misinterpretation or violation, file a complaint with the Employer in writing and cause the matter to be discussed and dealt with. If the matter is not satisfactorily resolved, the Union may take such steps as are provided under the Industrial Relations Act. 26.15 Subject to Section 52(1) of the Industrial Relations Act, should either party to this Agreement desire to amend the same so as to alter the terms or conditions of employment of the employees covered under this Industrial Agreement, such party shall notify the other in writing of its intention and forward with the notice its proposed amendment(s) in writing. 44 26.16 The party receiving the notice and proposed amendment(s) shall within thirty (30) calendar days of receiving same, forward its counterproposals (if any) to the proposed amendment(s). 26.17 The parties shall without delay but in any case within forty-five (45) calendar days after notice has been given, or such further time as the parties may agree, meet and commence, or cause authorized representatives on their behalf to meet and commence to negotiate with one another with a view to settling the terms of the amendment( s). 26.18 Should the party receiving the said Notice fail to enter into or commence negotiations with the other party within forty-five (45) days from aforesaid, or within such further time as the parties have agreed, the party proposing the said amendment(s) may thereafter report a trade dispute to the Minister responsible for Labor pursuant to Section 68 of the Act. 26.19 Should the parties commence negotiations within the said forty-five (45) days or within the agreed time, but fail to arrive at a settlement of the terms of the amendment(s) within sixty (60) days from the commencement of the said negotiations, either party may thereafter report a trade dispute to the Minister responsible for Labor pursuant to Section 68 of the Act. ARTICLE 27 SCHOOL YEAR 27.1 The days for school attendance shall be a maximum of 184 days per year, inclusive of teachers' work days, two (2) professional days, sports days, two (2) fun days and World Teachers' Day. Two (2) weeks for Christmas break and two (2) weeks for Easter break inclusive of Holy Thursday. (See proposed school calendar attached). 45 27.2 All teachers shall be required to participate in at least 35 hours of professional development activities each year, 20 of which shall be done outside the school attendance days. 27.3 The Employer agrees not to schedule professional development activities during the time when the Union's Annual General Meeting is being held. 27.4 The Employer and the Union agree that the school year shall end no later than the 17th June, 2011, 22nd June 2012 and the 21st June 2013. See Appendix B attached. Midterm Breaks 27.5 The Employer and Union agree that there shall be two mid-term breaks during the school year totaling four (4) days: two (2) days each during the months of October and February. Public Holidays 27.6 All employees covered by this Agreement shall be paid their normal pay in respect of the following Public Holidays, and any other day(s) declared a public holiday by the Employer: New Year’s Day Good Friday Easter Monday Whit Monday Labour Day Independence Day Emancipation Day Discovery Day Christmas Day Boxing Day Work Day 27.7 The normal work day of teachers who are posted at schools shall be from 8:45 am to 3:15 pm, that is six and one half (6 1/2) hours, and shall include lunch and break times. 46 ADMINISTRATORS 27.8. The Employer and the Union agree that the Institute for Educational Leadership in conjunction with the College of the Bahamas will continue to educate all public school Administrators. 27.9The Employer and the Union agree that certification by the Institute for Educational Leadership shall be one of the prerequisites for promotion to the Administrative post under this bargaining agreement. 27.10 The Employer and Union agree that administrators shall have time off with pay to attend training. 27.11Administrators who handle and deposit funds for public schools shall be provided with adequate security. 27.12 ADMINISTRATOR'S PROMOTION The Employer and the Union agree that promotion to Administration shall be granted under the policy of the Public Service Commission/Teaching Service Commission/National Teaching Council. 27.13The Employer and the Union agree that Administrators posted for the first time shall (a) attend orientation and training (b) recieve files and documentations (c ) recieve copy of job description (d) proper hand over notes, keys etc. 27.14 The Employer and the Union agrees that Administrators shall have institutional leave as follows:47 (a) 1 - 5years in post - 5 weeks (b) 6 - 10 years in post - 6 weeks (c ) 10 years and over in post - 7 weeks 27.15 The Employer and the Union agree that Administrators will have ten (10) days casual leave per annum. 27.16 Administrators shall apply for casual leave as follows_ Senior Master/Mistress apply to Principal Vice Principal apply to Principal Principal apply to District Superintendent 27.17 The Employer and the Union agree that Administrators hours of work shall be 8:30am - 3:30pm. 27.18 The Employer and the Union agree that Administrators shall engage in the planning and decision making process in conjunction with the Director of Education and the District Superintendents. 27.19 Principals shall recommend teachers for a 7B increment for outstanding performance. 27.20 District Superintendents shall recommend Administrators for a 7B increment for outstanding performing schools. 27.21 The Employer and Union agree that a SCARCITY ALLOWANCE shall be paid to Administrators. 27.22 HAZARD ALLOWANCE 27.23 The Employer and Union agree that the non substantive post of Senior Assistant become Senior Master/Mistress/a substantive post effective July 1st 48 2012. 27.24 The normal work day of Administrators who are posted at schools shall be from 8:00am to 4:00pm that is eight (8) hours, or any other period as may be determined by the Minister. 27.25 Teachers may leave the workplace during non-teaching periods. They must inform the Principal, an Administrator or Subject Coordinator before leaving. 27.26 If an employee is unable to report to work at the due time of arrival he must notify the Principal/Subject Coordinator as far in advance as possible. An employee who does not call in or report to work before 11:00 a.m. shall be deemed absent. 27.27 The Employer shall provide sign-in and sign-out sheets/books or some other method to monitor teachers' attendance and punctuality. These sheets/books or facilities shall be placed in a designated area accessible to all teachers. ARTICLE 28 PLANNING AND PREPARATION Planning and Preparation 28.1 At all schools, the Principal shall schedule time for planning, preparation, marking and data entry. The principal or supervising administrator shall assist teachers in utilizing planning/preparation time by providing materials and other instructional data requested by the staff or individual teachers, consistent with resources. Where possible, teachers shall use non-teaching periods for planning, preparation and marking. Planning time shall be between the hours of 8:50am – 3:15pm, any planning periods outside of the 8:50am to 3:15pm shall be voluntary. 49 Record-keeping 28.2 All teachers involved in the instruction of students shall keep the following records and such other records as may be determined by the Employer: student attendance register (pre-school, primary, and homeroom teachers), scheme of work, forecast, lesson notes (if not exempted) and mark book. Any teacher whose performance is above average for three consecutive years may be exempted from submitting Lesson plans provided they have completed at least five years of service. The notification of exemption shall be given in writing to the teacher concerned by the Principal. 28.3 Teachers performing homeroom duties at all levels shall be required to assist the Guidance and Counseling Departments update student confidential records during the first and third term. Except at the discretion of the Principal, no teacher shall be exempted from homeroom duties. Lunch Breaks 28.4 Each Employee inclusive of Teacher’s Aides shall be entitled to a break period of an aggregate of one hour during the workday. 28.5 The Principal shall compile a roster of administrative staff (Principal, Vice Principal, Senior Master/Mistress, Senior Assistant, Year Heads and Subject Coordinators, Team Leaders) for the supervision of students during the break periods. Non-teaching periods 28.6 Subject to the availability of resources, the Employer shall endeavor to ensure that all school teachers have no fewer than five (5) non-teachings for the five (5) period day per week and four (4) non-teachings for the four period day per week. 50 ARTICLE 29 EXTRA-CURRICULAR ACTIVITIES 29.1 While the parties consider it desirable that teachers participate in extra-curricular duties in order to achieve the goals of the public school system, it is recognized by the parties that any such involvement, such as participation, supervision, administration, direction or coaching by a teacher in extra-curricular activities, shall be optional. 29.2 Extra-curricular activities shall include, but not be limited to, the following: coaching debating teams, assisting with cadets, drama, Junkanoo, spelling bee, cheerleading, step team, training and coaching students involved in sports and post-school activities, including conducting evening classes. The Employer agrees to compensate teachers in accordance with the amounts provided for in this Agreement (see Article 41). ARTICLE 30 SUBSTITUTION AND EXTRA DUTIES 30.1 The Employer agrees to make every effort to ensure that substitute or replacement teachers are provided to replace teachers who are absent. 30.2 As a matter of policy, the Employer agrees that the Principal shall assign members of the school administration to assist with substitutions when other teachers are occupied. In the operation of this policy, the Principal shall be free to determine the number of administrators necessary to ensure the proper management of the school, and make assignments accordingly. 30.3 The Employer agrees to improve the efficiency of the Supply Teachers Program to address the problems of substitutions and staff shortages. It is desirable that this program should include both substitute and part-time teachers, who may be deployed 51 whenever there is a need for substitution or replacement of teachers. ARTICLE 31 DUTIES OF TEACHERS 31.1 In addition to specific duties outlined in this Agreement, it is the duty of all teachers in the public school system to: (i) respect the rights of students; (ii) teach diligently the subjects and course of study prescribed by the educational authorities; (iii) implement teaching strategies that foster a positive learning environment; (iv) encourage students in the pursuit of learning; (v) monitor the effectiveness of the teaching strategies by analyzing outcomes achieved; (vi) conduct such evaluations as are necessary to document student progress or as may be required by the Department of Education;(vii) take all reasonable steps necessary to create and maintain an orderly and safe learning environment; (viii) maintain appropriate order and discipline in the school or room in the teacher’s charge; (ix) maintain an attitude of concern for the dignity and an attitude of concern for the dignity and welfare of each student and encourage in each student an attitude of concern for the dignity and welfare of others and a respect for religion, morality, truth, justice, love of country, humanity, equality, industry, temperance and all other virtues; (x) as far as reasonable, attend to the health, comfort and safety of students; (xi) report immediately to the principal and shop steward the existence of any Infectious or contagious disease in the school or the existence of any unsanitary condition in the school buildings or surroundings; (xii) keep accurate attendance records and report absent students to the principal; (xiii) communicate regularly with parents in accordance with school or educational policies and attend staff meetings; (xiv) keep such records as are required by the school 52 administration or the Minister and permit the inspection of those records by the Principal or other administrators; (xv) serve, to the extent reasonable, on committees established within the school to improve student achievement and the public school system; and (xvi) perform such other duties as are prescribed by the Minister under the Education Act and any Regulations made pursuant thereto. ARTICLE 32 PROFESIONAL CONDUCT Conflict of Interest 32.1 The provisions of this Article are in addition to and not in substitution for any rules regulating such conduct in General Orders or any other terms and conditions of employment which apply to the Public Service by virtue of any law. 32.2 The Employer and the Union are cognizant that within the Public Service an employee may be in a position to exploit his/her official capacity for his/her personal benefit. Mindful that a conflict of interest may arise from time to time during the employee's performance of his/her duty, the Parties agree the following guidelines: (a) The remuneration of an employee is fixed under the assumption that he/she will be available to serve the Employer subject to the provisions of this Agreement. He/she is prohibited from engaging in any activity, which involves a conflict of interest for the employee or detracts from the Employer's public image or impairs the employee's ability to fulfill his normal functions; (b) No employee shall hold any other public or private employment, engage in any occupation or profession, which In the Employer's opinion is incompatible with the proper performance of his/her official duties; (c) An employee who has reasonable grounds to believe that he or she has a conflict of interest on a matter must immediately bring this matter to the attention of the Head of Department. 53 32.3 For the purposes of this Agreement, an employee has a conflict of interest when the employee exercises an official power or performs an official duty or function in the execution of his or her office and at the same time knows that in the performance of the duty or function or in the exercise of the power there is the opportunity to further his or her private interest. Confidential Information 32.4 An employee shall not use information that is gained in the execution of his or her office and which is not available to the general public to further or seek to further the employee's private interest. Influence 32.5 An employee shall not use his or her office to seek to influence a decision to be made by another person to further the employee's private interest. Accepting Extra Benefits 32.6 An employee shall not accept any fees, gifts or personal benefits directly connected with the performance of his or her duties of office. This paragraph shall not apply to gifts or tokens of appreciation. Private Work 32.7 An employee shall not engage in employment or in the practice of a profession, hold an office or directorship, if any of these activities are likely to conflict with the employee's public duties. Exceptions may be made to the prohibition against the undertaking of private work. Prior written approval must be obtained from the Permanent Secretary with responsibility for the Public Service. Financial Propriety 32.8 All members under this Bargaining Unit shall not receive monies directly 54 from students/parents or any other persons for any service or activity unless authorized by the Director of Education. This extends to matters such as the sale of school supplies, food, fun days, registration fees, use of equipment and facilities 32.9 All members under this Bargaining Unit shall not instruct or encourage students to solicit funds from the public unless authorized by the Director of Education. 32.10 When funds are received from students/parents for any official purpose, receipts must be provided at all times. 32.11 Records of all receipts and payouts must be forwarded to the Director of Education through the Principal and presented to the respective parents/teachers' association quarterly. Inappropriate Contact with Students 32.12 The teacher/employee shall not abuse his/her position of trust with the student to importune or solicit sexual favors, or engage in indiscreet or illicit conduct or any form of inappropriate behavior with students. Sexual Harassment 32.13 The definition of sexual harassment deployed in this Article is in addition to and not in substitution for the definition in the Sexual Offences and Domestic Violence Act. The Employer and the Union recognize and agree that to the extent that this definition exceeds the statutory one, it is intended to provide guidance for the conduct of employees and management. 32.14 The Employer's position is that sexual harassment is a form of misconduct that undermines the integrity of the employment relationship. All employees have the right to work in an environment free from all forms of 55 discrimination and conduct which can be considered harassing, coercive, or disruptive, including sexual harassment. Anyone engaging in harassing conduct may be subject to disciplinary action. 32.15 Agreement, sexual harassment is defined as any unwanted physical, verbal or visual sexual advances, requests for sexual favors, and other sexuallyoriented conduct which is offensive or objectionable to the recipient, including, but not limited to: epithets derogatory or suggestive comments, slurs or gestures and offensive posters, cartoons, pictures, emails, telephone calls or drawings. 32.16 Un-welcome sexual advances (either verbal or physical), requests for favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when: (a) submission to such conduct is either an explicit or implicit term or condition of employment; (b) submission to or rejection of the conduct is used as a basis for making employment decisions; or (c) the conduct has the purpose or effect of interfering with an individual's work performance or creating an intimidating, hostile, or offensive work environment. 32.17 Sexual harassment does not refer to occasional compliments of a socially acceptable nature. It refers to behavior that is not welcome, that is personally offensive, and that debilitates morale and interferes with work effectiveness. 32.18 If an employee feels that he/she has been the recipient of sexually harassing behavior, he/she may report it in writing, immediately to the Principal/Supervisor. At his/her option the employee may also report the matter to the Shop Steward. The employee may verbally or in writing follow up his/her complaint. 56 32.19 If the source of the harassing conduct is an administrator or manager, the conduct should be reported to the next senior administrator/manager and the Director of Education. 32.20 The employee's position will be protected and he/she will not be subjected to retaliation for making a complaint. 32.21 Within 5 working days after a written complaint is made, a person designated by the Head of Department will document the complaint. A report of the incident along with any recommendations shall be forwarded to the Head of Department for necessary action. In appropriate cases and where required by law, the matter shall be referred to the relevant authorities. Rights of employees against false allegations 32.22 Any Student, Parent and/or Guardian who makes false allegations against an Administrator, Teacher and any other Education personnel shall be charged before the court. The Employee shall have the right to report the matter to the police with a view to charges being brought against the person(s) making the false accusations. Dress Code 32.23 Working Group comprised of the Employer and the Union to draft a Dress Code for Administrators, Teachers and Education Personnel within six (6) months of the signing of this agreement. The Dress Code shall be ratified by the employees prior to the implementation. Clothing Allowance 32.234 57 The Employer shall provide a clothing allowance for all employees. ARTICLE 33 SUBSTANCE ABUSE POLICY 33.1 The Employer recognizes that alcohol, drug and substance abuse can have serious effects on an employee's productivity and job performance, pose risks to the safety of the employee and his/her co-workers, and serve to undermine the public's confidence in and the reputation of the Service. 33.2 The Medical Review Committee established pursuant to Article 23 shall be responsible for investigating, identifying and educating employees with regards to the dangers and effects of alcohol, drug and substance abuse. 33.3 In the best interest of the employee and the Employer drug addiction or dependency should be diagnosed and treated at the earliest possible stage. The Employer will offer counseling, guidance and medical assistance to all employees having drug/alcohol abuse problems that affect the level of performance, productivity, morale, motivation, health and security of the employees. 33.4 If the employee’s job performance and/or behavior constantly falls below standard, he/she will be referred to the Medical Review Committee. 33.5 It shall be the policy of the Employer to treat drug/alcohol related problems as an illness in the first instance. In the event that local resident rehabilitation or off-island medical treatment is required, normal sick leave entitlement will be granted. 33.6 The right is reserved upon recommendation of the Medical Review Committee, to require an employee to submit to a medical test by a licensed medical practitioner designated by the Employer. An employee failing to comply with the recommendation of the Medical Review 58 Committee to seek professional assistance may be subject to termination. 33.7 The employee shall be advised in writing that the Employer will bear the cost of the treatment provided under the above guidelines for a maximum of six (6) times, at a facility designated by the Employer. Any recurrence after the third treatment may result in termination. 33.8 Smaller working Committees shall be appointed in the Family Islands as the need arises. ARTICLE 34 COMMUNICATION CHANNELS 34.1 The Parties agree to promote effective lines of communication at all levels of the public school system between teachers and administrators to reduce the number of complaints. Parent-Teacher Communication 34.2 The parties agree that, every possible effort should be made to promote close co-operation between teachers and parents in the interest of students. ARTICLE 35 BAHAMAS TECHNICAL AND VOCATIONAL TRAINING INSTITUTE (BTVI) 35.1 The Parties agree that to the extent that this Agreement applies to employees at the Bahamas Technical and Vocational Training Institute, such employees shall continue to be governed by the terms and conditions of their appointment within the Public Service, provided, however, that they shall be entitled, where applicable, to the salary increases and economic benefits as may be provided for in this Agreement. 35.2 The Employer agrees that the BTVI employees under this Bargaining Unit 59 years of service will be continuous. The Employees shall not lose any benefits which they enjoyed prior to the BTVI Act 2010. See BTVI Act 2010 - Appendix ‘A’ attached ARTICLE 36 MULTI-GRADE TEACHING IN PRIMARY SCHOOLS 36.1 The parties acknowledge that some teachers will be required to teach classes made up of students from different grade levels. 36.2 Teachers involved in multi-grade teaching that functions as the sole teacher (principal) in their schools shall be eligible to receive an allowance as provided for in Article 41. 36.3 A Multi-grade allowance shall be paid to all Administrators, Teachers and Teachers Aides who teach at multi-grade schools. ARTICLE 37 ADMINISTRATIVE POSTINGS 37.1 A teacher who is assigned non-teaching duties for a temporary period shall continue to enjoy his/her teaching status for the duration of the assignment, provided that such persons may be required to work the normal hours prescribed for such post and may be entitled to the leave benefits attached thereto. 37.2 Where the assignment is permanent, the teacher shall be reclassified and appointed to the new position. When there is no reclassification the teachers will enjoy the teaching hours and leave. 37.3 The teacher shall not lose any monetary benefits as a result of such reclassification. 60 ARTICLE 38 GROUP INSURANCE 38.1 The Employer agrees to provide and pay 100% monthly premiums for Major Medical Insurance Coverage for all members of this Bargaining Unit effective July 1st 2011. ARTICLE 39 TEACHERS ON CONTRACT 39.1 Teachers employed by the Ministry of Education under a contract of employment or a contract for a fixed period of time shall be governed by the terms of their contract, provided that such "contract officers" shall not be considered "public officers" or their service "public service" for the purposes of the Pensions Act (Ch.43). 39.2 Bahamian teachers may have the option to sign three (3) three year contracts after one (1) year probation. 39.3 The Union request that the Pensions Act of 1998 be revised to reduce the pensionable years to 25 and increase the contribution to 15% for members under this Bargaining Unit. 39.4 For the purpose of this Article, “contract officers” has the meaning assigned thereto by section 2 of the Public Service Act (Ch.39). 39.5 All teachers inclusive of those who have been awarded contracts shall be given increments. ARTICLE 40 61 40.1 The Employer and the Union agree that salaries of all categories of employees covered under this Bargaining Unit shall be established by the Public Service, on the advice of the Government within one (1) of the signing of this agreement. 40.2 The Employer has conducted a Compensation Study for the Public Service. The results of the Compensation Study highlight the disparity in salaries between Education personnel and other Public and Quasi Government employees with the same qualifications. All employees under this Bargaining Unit shall benefit from any recommendations as per this study effective July 1st 2011. 40.3 The entry-level salary of teachers with Bachelor’s Degree and Teaching Certificate shall be $29,700 per annum with effect from July 1st 2011. SALARY SCALES 40.4 See Appendix A attached for NEW salary scales proposed for ALL members under this Bargaining Unit. ARTICLE 41 ALLOWANCES 41.1 The allowances mentioned hereunder shall be established for the benefit of the Employees covered by this Agreement with effect from September 2010: Itinerant Allowance 41.2 Itinerant Teachers shall receive an allowance as follows: New Providence 2 schools - $1,500 3 schools or more - $2,000 Family Islands & Grand Bahama 2 schools - $2,000 3 schools or more - $3,000 62 Transport Allowance 41.3 Employees shall, for the period of this Agreement, be granted a transport allowance of $2.00 per mile. This includes employees who travel 30 miles or more roundtrip to and from their place of work in Family Islands, New Providence and Grand Bahama. Subsistence Allowance 41.4 Daily allowance for officers who travel within The Commonwealth of The Bahamas shall be paid at the rate of fifty dollars ($50.00) per day or eighty dollars ($80.00) per day for overseas travel. This is intended to cover meals, laundry and all sundry expenses, excluding housing and transportation. Housing Assistance 41.5 The Employer agrees to provide Housing Assistance to teachers posted by the Employer to an island other than the officer's place of domicile (residency) as defined in the Government's Housing Policy. The Housing Assistance is payable to landlords by District Superintendents on behalf of employees posted at the following maximum rates: (a) Islands and Settlements other than Freeport - $900 per month (b) Freeport - $700 per month The Permanent Secretary shall approve any adjustments to the stated assistance. Where Family Island teachers are required to be posted in New Providence, housing assistance shall be granted on a case-by-case basis. Whenever the Ministry/Department of Education fails to reassign or request the employee to remain the rental assistance shall be continued. 41.6 A Bahamian teacher/employee currently posted to an island/settlement other than his/her normal place of residence shall not normally be paid Housing Assistance beyond five years from the date of posting. However, in the case of the islands and settlements identified in the Schedule of Areas for Extension of Housing Assistance below, such assistance may be extended for further periods at the discretion of the Employer depending 63 on the exigencies of the circumstances. 41.7 Subject to the provisions of paragraph 41.6 of this Article, a Bahamian teacher/employee currently receiving Housing Assistance and posted to an island/settlement for more than five (5) years shall cease receiving such allowance 12 months after signing this Agreement. 41.8 The Employer and the Union agrees that prior to the cessation of rental assistance employees shall receive no less than three (3) months notice. 41.9 A teacher/employee desirous of obtaining an extension of the housing assistance shall make a request in writing to the Director of Education at least six (6) months before the expiration of the one (1) year period specified in paragraph 41.7 of this Article. SCHEDULE OF AREAS FOR EXTENSION OF HOUSING ASSISTANCE ISLAND SETTLEMENT ABACO Grand Cay, Crossing Rocks, Great Guana Cay, Hope Town, Man-O – War Cay, Sandy Point, Cherokee Sound, Moore’s Island, Fox Town ACKLINS All Settlements CAT ISLAND All Settlements CROOKED ISLAND All Settlements ELEUTHERA Current Island EXUMA Black Point, Farmer's Cay, FORTUNE ISLAND Long Cay GRAND BAHAMA Sweeting's Cay, Water Cay, McClean's Town MAYAGUANA All Settlements RAGGED ISLAND Duncan Town RUM CAY Port Nelson SAN SALVADOR All Settlements 64 INAGUA All Settlements Hardship Allowance 41.10 Allowance shall be paid depending on the island or settlement to which the teacher/employee is assigned. The following annual allowances are payable to all public officers posted to and residing in areas of hardship in the Family Islands: (a) Most Severe location (b) Severe location (c) Less Severe location -$4,500 per annum -$3,000 per annum -$2,000 per annum SCHEDULE OF HARDSHIP POSTS AND ALLOWANCES 41.11 For the purposes of this Agreement, the three levels of hardship posting (Most Severe, Severe and Less Severe) shall apply to areas of posting as follows: ISLAND ABACO ACKLINS MOST SEVERE HARDSHIP - $4,500 PER ANNUM SETTLEMENT Grand Cay, Crossing Rocks All Settlements CROOKED ISLAND ELEUTHERA EXUMA FORTUNE ISLAND GRAND BAHAMA MAYAGUANA INAGUA RAGGED ISLAND RUM CAY All Settlements Current Island Black Point, Farmer's Cay, Staniel Cay Long Cay Sweeting's Cay, Water Cay, McClean's Town All Settlements All Settlements Duncan Town Port Nelson 65 ISLAND ABACO Cay, SEVERE HARDSHIP - $3,000 PER ANNUM SETTLEMENT Great Guana Cay, Hope Town, Man-O – War Crown Haven, Cedar Harbor, Sandy Point, Cherokee Sound, Moore’s Island, Fox Town, Green Turtle Cay CAT ISLAND BERRY ISLAND SAN SALVADOR All Settlements All Settlements All Settlements LESS SEVERE HARDSHIP- $2,000 PER ANNUM ANDROS Stafford Creek, Stanyard Cay, Blanket Sound, Bowen Sound, Red Bays, Burnt Rock, mangrove Cay, Victoria Point and All Settlements of South Andros ELEUTHERA Wemys’s Bight LONG ISLAND All Settlements GRAND BAHAMA High Rock, Pelican Point, Freetown Responsibility Allowances 41.12 The Employer and the Union agree that the designated non-substantive posts shall be granted responsibility allowances as indicated below. 41.13 Principals are requested to make recommendations for the appointment of teaching staff to posts of responsibility by the 30th September of each academic year. Responsibility allowance will be paid with effect from the 1st September to the 31st August of the following year. It is the general policy of the Employer that responsibility allowances should be rotated, and should not be paid to any teacher for more than three consecutive 66 years. 41.14 Allowances are payable as follows: Senior Assistant Family Island High Schools Roll 100-499 and above Roll less than 100 $2,000 per annum $ 1000 per annum Primary Schools Grade ‘B’ Grade ‘C’ Grade ‘D’ Grade ‘E’ $1,500 per annum $1,000 per annum $ 750 per annum $ 500 per annum 41.15 The Union proposes that the Employer discontinues the post of the Senior Assistant and make the post become a substantive post effective July 1st 2011. Subject Coordinators 41.16 The number of Subject Coordinators in each high school in New Providence and Grand Bahama shall not exceed seventeen (17). Annual Allowances are based on the number of teachers to be supervised by each Subject Coordinator as follows: Two persons Three to six persons Seven to ten persons More than ten persons $ 950 per annum $ 1,250 per annum $ 1,450 per annum $ 1,750 per annum 41.17 The Principal has the sole right to choose the Subject Coordinator on an annual basis. There shall be a rotation of coordinators every three (3) 67 years. If there is no suitable candidate then the holder of the position may continue. Team Leaders Primary Schools 41.18 Team Teaching schools shall appoint a team leader for each grade level. The team leader shall receive an allowance of one thousand two hundred and fifty dollars ($1,250.00) per annum. Other schools, Grades A - C, shall appoint Grade Level Heads. Grade Level Heads Primary Schools 41.19 Annual allowances of Grade Level Heads are as follows: Grade A $1,250 per annum Grade B $1,000 per annum Grade C $ 750 per annum 41.20 Allowances will also be paid to teachers holding the following appointments as follows: Year Head $1,000 per annum House Coordinator $ 500 per annum Specialist Coordinator $ 500 per annum EXTRA-CURRICULA ACTIVITIES ALLOWANCES 41.21 The Employer and the Union agree that it is necessary for teachers to engage in extra-curricular activities associated with student development in order to achieve the goals of education. The Employer agrees to compensate teachers who engage in extra-curricular activities approved by the Employer at the rates displayed below: Coaching Allowance 41.22 Teachers who perform coaching duties after their normal working hours shall receive a Coaching Allowance at the rate of one thousand ($1, 500) dollars per annum per sport up to a maximum of three (3) sports per year. 68 Approval must be obtained from the Director of Education for coaching more than three (3) sports in any school year. The Employer and the Union agree that the rate of the coaching allowance. 41.23 The Employer and the Union agree that the President and Secretary of Government Secondary School Sporting Association shall be granted an annual allowance of $1,000 and $500, respectively. ACADEMIC ACTIVITIES COORDINATOR 41.24 The Employer and the Union agree that Teachers who are recommended to conduct after-school training not limited to, but related to Spelling Bee, Debate club, Science and Technology and Computer shall be granted an allowance of $1,000. CIVIC ACTIVITIES COORDINATOR 41.25 The Employer and the Union agree that the coordinator for Boys scouts, Girls scouts, Guides, Cadets, Rangers, Red Cross, Governor General Youth Award, Boys Club, Girls Club, and any other group that facilitates children after-school and on weekends shall be granted an allowance of $1000. Cultural Activities Coordinator 41.26 The Employer and the Union agree that Teachers who are recommended to conduct after-school training not limited to, but related to Junior Junkanoo, Cheerleading, Art & Craft shall be paid an allowance of $1,000 per annum. MUSIC COORDINATOR 41.27 The Employer and the Union agree that Teachers who are recommended to conduct Music, Dance, Band, Choir and Hand Bells Ensembles shall be paid an allowance of $1,000 per annum. Extended Learning Program 41.28 Teachers who provide summer and after school activities, shall receive 69 an allowance of thirty ($30) dollars per hour of instructional time. Multi·grade Allowance 41.29 Teachers eligible for multi-grade allowance as specified at Article 36 of this Agreement shall be paid an allowance of $500 per annum. Special School Allowance 41.30 Teachers and Administrators assigned to a Special School shall be granted an allowance of $1,000 per annum. Teachers Aides assigned to a Special School shall be granted an allowance of $500 per annum. Schedule of Special Schools P. A. C. E. School for the Blind S. U. R.E. Tapps Hospital School Simpson Penn School Centre for the Deaf Beacon School Stapledon Centre for Exceptional Learners Garvin Tynes SC Mcpherson Anathol Rodgers Palmdale Primary LEARNING RESOURCE SECTION 41.31 The Employer and the Union agree that the members of this Bargaining Unit who are assigned to the Learning Resources Unit shall be reclassified to the following positions: Writing Unit - Publications Officer Bahamas Learning Channel – Programme Producer Bahamas Learning Channel – Programme Assistant Producer (See Appendix F attached). ARTICLE 42 SALARY INCREASES & BENEFITS 42.1 70 The salaries of all employees covered under this Agreement shall be increased and additional benefits paid as follows: SALARY INCREASE (2010 – 2013) Salary Increase by 15% over a 3 year period Year 1 (FY2010/2011) Increment Year 2 (FY2011/2012) 8% added to base salary plus increment Year 3 (FY2012/2013) 7% added to base salary plus increment 42.2 The Employer shall implement NEW and REVISED Salary Scales for all categories of employees under this Bargaining Unit effective July 1st 2011. (See Appendix attached). 42.3 All employees under this Bargaining Unit who are at the maximum of the present pay scales shall receive an increment of $700 effective July 1st 2011. 42.4 In the case of economic displacement the Employer and the Union agree that any payments indicated in this Agreement may be deferred after the Employer has consulted with the Union. ARTICLE 43 BINDING CLAUSE 43.1 This Agreement applies to and is binding (subject to the Provision of Article 44) on the Union, the Employees and Employer representatives, and those bound by this Agreement shall carry out in a reasonable manner the provisions of this Agreement. ARTICLE 44 DURATION OF AGREEMENT 44.1 This Agreement covers the period from 1st July 2010 and becomes effective upon registration by the Industrial Tribunal and shall remain in force until the 30th day of June 2013. 71 44.2 Either party may give notice to begin negotiations on a new Agreement at least six (6) months prior to its expiration. The terms and conditions contained in this Agreement shall remain in force until the new agreement takes effect. See Appendices A - G attached. 72 APPENDIX A BAHAMAS TECHNICAL AND VOCATIONAL INSTITUTE BILL, 2010 Arrangement of Sections PART I PRELIMINARY _________________________________________________________ (1) Short title and commencement………………………………..…………………………….…………. (2) Interpretation……………………………………………………………………………………….……………. PART II ESTABLISHMENT AND FUNCTIONS OF THE INSTITUTE _________________________ (a) Establishment of the Institute…………………………………………………………………….……… (b) Common seal of the Institute……………………………………………………….……………….…… Functions of the Institute……………………………………………………………………………….…. (c) PART III ........................................................................................................... GOVERNANCE OF THE INSTITUTE __________________________________________ (1) Establishment of a Board of the Institute………………………………………………..…..……. (2) President of the Institute…………………………………………………………….………………..….. (3) Pensions of persons transferred from the public service to the Institute………..... (4) Contributory superannuation pension scheme……………………………………………..….. (5) Policy directions…………………………...………………….…………………………………………..….. (6) Discipline of students…………………………………………………………………..………………...... (7) PART IV .......................................................................................................... FINANCIAL PROVISIONS (1) Funds and resources of the Institute……………………………………………………………...... (2) General account…………………………………………………………………………………….……....... (3) Gift, grant or other property…………………………………………………………….……………….. (4) Financial advance…………………………………………………………………………………………...... (1) Reserve Fund…………………………………………………………………………………………………….. (2) Revenue account……………………………………………………………………………………………….. (3) Accounts and Audit………………………………………………………………………………………..….. (4) Annual Report …………………………………………………………………………………………………. (5) Regulations………………………………………………………………………………………………….…….. 73 SCHEDULE CONSTITUTION AND PROCEDURES OF THE BOARD………………………………………... OBJECTS & REASONS 74 BAHAMAS TECHNICAL AND VOCATIONAL INSTITUTE BILL, 2010 A BILL FOR AN ACT TO PROVIDE FOR THE INCORPORATION OF THE BAHAMAS TECHNICAL AND VOCATIONAL INSTITUTE, ITS GOVERNANCE, CONTROL AND ADMINISTRATION BY A BOARD AND FOR MATTERS INCIDENTAL THERETO Enacted by the Parliament of The Bahamas PART I PRELIMINARY 1. Short title and commencement (a) (b) 2. This Act may be cited as The Bahamas Technical and Vocational Institute Act, 2010. This Act shall come into operation on such date as the Minister may appoint, by notice published in the Gazette. Interpretation In this Act, unless the context otherwise requires — "Board" means the Governing Board of The Bahamas Technical and Vocational Institute established by section 6; "Chairman" means the Chairman of the Board; "Financial year" means any period of twelve months beginning on the 1 s t day of July in any year; "Minister" means the Minister responsible for Education; "President" means the President of The Bahamas Technical and Vocational Institute appointed under section 7; "public officer' 7 has the meaning assigned hereto in the Pensions Act (Ch.43); "Institute"' means The Bahamas Technical and Vocational Institute established under section 3. PART II ESTABLISHMENT AND FUNCTIONS OF THE INSTITUTE 3. Establishment of the Institute (1) The educational facility known and existing as The Bahamas Technical and Vocational Institute immediately before the coming into operation of this Act, is hereby continued as a body corporate by that name with perpetual succession and a common seal, and shall, in that name, be capable of— 75 suing and being sued; taking, purchasing or otherwise acquiring, charging, holding and disposing of property, movable or immovable; and (3) doing or performing all such other things or acts for the performance of its functions under, and for the furtherance, of this Act which may lawfully be done or performed by a body corporate. Upon the coming into operation of this Act, the existing employees of the educational facility known and existing as The Bahamas Technical and Vocational Institute shall be deemed not to be employees of the Institute. (1) (2) (2) 4. Common seal of the Institute (1) The common seal of the Institute shall be kept in such custody as the Board directs and shall not be used except upon the order of the Board. (2) The common seal of the Institute shall be authenticated by the signature of the Chairman or any other member of the Board duly authorized by the Board in that behalf, and of the Secretary. The common seal of the Institute when affixed to any document and duly authenticated under this section, shall be judicially and officially noticed, and, unless and until the contrary is proved, any necessary order or authorization of the Board under this section shall be presumed to have been duly given. (3) 5. Functions of the Institute (1) The functions of the Institute are to — (1) provide technical and vocational training; (2) provide for the dissemination of knowledge to equip students with the practical, technical and vocational skills, to prepare them for employment, and to foster entrepreneurship; (3) enter into public and private sector partnerships with employers, trade or commercial confederations and other societal stakeholders to develop courses of instruction and instructional methodologies necessary to attain synergy and cohesion between instruction and training at the Institute and the needs of the national economy; (4) grant diplomas, certificates or other awards and honors as are usually conferred by similar institutions; (5) enter into any association or affiliation with career or technical institutions, whether within The Bahamas or otherwise, as the Institute may deem necessary and appropriate; and (6) enter into arrangements with employers in the private sector for the training of employees in the areas specified under subsection (2) and the employer shall be responsible for the payment of fees relating to such training. 76 (2) Without prejudice to the generality of subsection (l)(a) and (b) , the Institute shall provide a place of training offering instruction including but not limited to all of the following fields of education — (1) Construction Trades; (2) Mechanical Trades; (3) Handicrafts; (4) Ornamental Landscaping and Horticulture; (5) Maritime Trades; (6) Technology; (7) Commerce; (h) Cosmetology and Personal Grooming Trades; (i) Information Communication Technology. (3) The Minister may, by Order, extend the categories specified under subsection (2). PART III GOVERNANCE OF THE INSTITUTE 6. Establishment of a Board of the Institute (a) There shall be established a Board of the Institute. (b) The general direction and control of the Institute shall be vested in the Board. (c) Without prejudice to the generality of subsection (2), the Board shall have the power to — (1) (2) (3) (4) (5) (6) (7) (h) provide for the welfare of the students of the Institute; control and superintend the property and policies of the Institute; appoint such instructors, administrative and other staff as appears to the Board to be necessary, on such terms and conditions as the Board may determine on the commencement of this Act; accept, deposit or act as trustees or managers of any property of the Institute or any legacy, endowment, bequest, or gift to the Institute for the purpose of training or otherwise in furtherance of the work of the Institute and to invest any funds representing such property, legacy, endowment, bequest or gift, if not immediately required, in such security as the Board may deem fit; determine the programs and courses of study to be pursued in the Institute pursuant to section 5(2); issue diplomas, certificates, or other awards and honors; fix fees and charges for courses of study, use of facilities and to reduce, waive or refund fees and charges so fixed, generally or in any particular case or class of cases; direct and regulate the administration of the Institute; and 77 (i) (4) 7. The Schedule shall have effect with respect to the constitution of the Board and otherwise in relation thereto. President of the Institute 1. 2. (3) 8. without prejudice to the generality of subparagraph (h), direct and regulate the conduct, discipline and other matters affecting the employment of instructors and other staff of the Institute. The Governor-General shall appoint a President of the Institute who shall hold office for a period not exceeding five years, and shall be eligible for re-appointment. The President shall be the head of the Institute and shall generally supervise and direct the training work of the Institute, the instructional and administrative staff and other staff of the Institute, and shall also perform other functions as may from time to time be assigned to him by the Board. The Governor-General may remove the President from office on the grounds of misconduct, inefficiency or other good cause. Pensions of persons transferred from the public service to the Institute (I) Where any public officer holding a pensionable office under the Government, ceases to be the holder of such office by reason of his transfer with his consent to the service of the Institute and such person subsequently retires from the service of the Institute in such circumstances that, had he remained a public officer, he would have been eligible for pension under the Pensions Act (Ch. 43), then in any such case subsections (2) and (3) shall have effect. Any pension payable to any such person as is mentioned in subsection (1) by the Institute to whose service he has been transferred shall be calculated and granted to him in respect of his total service under the Government and with the Institute taken together and such service shall be reckoned as continuous for pension purposes. (III) There shall be payable out of the Consolidated Fund upon the warrant of the Minister of Finance to the Institute as a contribution to every pension paid in accordance with subsection (2), such amounts as would have been payable to the person concerned by way of pension under the Pensions Act (Ch. 43), if such person had retired from the public service and if he had been granted a pension under the Pensions Act (Ch. 43) upon the date of his ceasing to be a public officer. (II) 9. Contributory superannuation pension scheme Subject to section 8, the Institute shall provide for the establishment and maintenance of a contributory superannuation pension scheme for the benefit of such of its employees as are appointed by the Board under section 6(3)(c). 10. Policy directions (I) The Minister may give directions as to the policy to be followed by the 78 (II) Board concerning the administration of the Institute as may appear to the Minister to be requisite in the public interest, and the Board shall give effect to any such directions. Notwithstanding subsection (1), the directions given by the Minister shall not apply to — 1. 2. 11. the appointment, termination of appointment, promotion or discipline of any instructor, administration or other staff of the Institute; and the admission of any particular student to the Institute or the evaluation, discipline, academic promotion, certification, or issue of awards to students of the Institute. Discipline of students The President may exercise disciplinary control over students of the Institute and may, for the purposes of his power under this section, if he thinks fit, consult any committee appointed by him in that behalf from among the instructors and the students of the Institute. PART IV FINANCIAL PROVISIONS 12. Funds and resources of the Institute The funds and resources of the Institute shall comprise — 5. such sums as may be voted for the purposes of the Institute by Parliament; (b) all fees and charges payable to the Institute pursuant to section (c) 3. 6(3)(g); all other sums or property which may in any manner become payable to or vested in the Institute in respect of any matter incidental to its functions. General account (b) All monies received by the Institute, pursuant to section 12, shall be deposited into an account which shall be known as "the General Account "to be maintained by the Institute with such bank or banks as the Board may determine. (c) The Institute shall keep in respect of the General Account, two separate accounts, namely an account to be known as — (b) (c) "the General Current Account", in which shall be recorded all deposits into and withdrawals from the General Account for the application towards defraying current expenditure; and "the General Capital Account", in which shall be recorded all deposits into and withdrawals from the General Account for application towards defraying capital expenditure. 79 14. 15. Gift, grant or other property 1. Subject to subsection (2), where any gift, grant or other property is received by the Board on behalf of the Institute, the Institute shall inform the Minister of the receipt of such gift, grant or other property, and such gift, grant or other property shall be utilized in such manner as the Board may determine. 2. Where a stipulation has been attached to any such gift, grant or other property, such stipulation shall be given effect, unless such stipulation is contrary to Public Policy. Financial advance The Minister of Finance may, at the request of the Board, make advances for the purpose of enabling the Institute to defray expenditure properly chargeable to the capital account, including the provision of working capital. 16. Reserve Fund 1. 4. 5. 17. The management of the Reserve Fund, the sums to be carried from time to time to the credit thereof, and the application thereof, shall be determined by the Board, but no part of the Reserve Fund shall be applied otherwise than for the purposes of the Institute. At the end of each financial year, any monies standing to the credit of the Institute and not required for any current purpose shall, after consultation with the Minister of Finance, be carried to the Reserve Fund. Revenue account 1. 2. 3. 18. The Institute shall establish a Reserve Fund. The Institute shall ensure that its revenues are not less than sufficient to defray all sums properly chargeable to its revenue account (including without prejudice to the generality of such expression, provisions in respect of its obligations under section 16(3) and this section) taking one year with another. Any excess of the revenue of the Institute for any financial year over the sums properly chargeable to its revenue account for that year (including the provisions referred to in subsection (1)) shall be applied by the Institute for such purposes as the Board may determine. The Institute shall prepare for each new financial year an annual budget of revenue and expenditure, which shall be submitted to the Minister at least two months prior to the 1st day of July. Accounts and Audit The Institute shall keep proper accounts and other records in relation thereto, and shall prepare in respect of each financial year, a statement of accounts. The accounts of the Institute for each financial year shall be audited by an auditor to be appointed by the Board. Three months after the end of each financial year, the Institute 80 shall submit a copy of the audited accounts to the Minister, together with a copy of any report made by the auditor. 19. 20. The Minister shall lay a copy of every such audited account before both chambers of Parliament, together with a copy of any report made by the auditors on the accounts. Annual Report I) The Board shall after the end of each year prepare an annual report on its activities during the last preceding year and shall furnish such report to the Minister not later than the 30th day of June. II) The Minister shall cause a copy of every report submitted to him pursuant to this section to be laid before both chambers of Parliament. Regulations The Minister may make regulations for carrying out and giving effect to the provisions of this Act or for its better administration. SCHEDULE (Section 6(4)) CONSTITUTION AND PROCEDURES OF THE BOARD 1. 2. 3. 4. 5. Constitution of the Board The Board shall consist of not more than eleven members of whom — (II) one shall be the President ex-officio; (I) five shall be persons appointed by the Governor-General from the public and private sectors; (II) five shall be persons appointed by the Governor-General, on the recommendation of trade or commercial confederations and other societal stakeholders. Tenure of office A member of the Board, other than the President, shall hold office for a period not exceeding three years, and thereafter, shall be eligible for reappointment. Chairman and Deputy Chairman The Governor-General shall appoint two members to be respectively Chairman and Deputy Chairman. Resignation Any member of the Board may at any time resign his office by instrument in writing addressed to the Governor-General and from the date of the receipt of such instrument by the Governor-General, such member shall cease to be a member of the Board. Appointment of Secretary 81 There shall be a Secretary of the Board who shall be appointed by the Board, perform such functions at such remuneration and upon such terms and conditions as the Board may determine and who shall not be entitled to have any right to vote. Dismissal Where the Governor-General is satisfied that a member of the Board — (IV) has been absent from meetings longer than three consecutive months without the permission of the Board; (V) has become bankrupt; (VI) is unable or unfit to discharge the functions of a member of the Board, the Governor-General may declare the office of such member of the Board to be vacant and shall notify such member of the vacancy of his office on the Board in such manner as the Governor-General thinks fit, and thereupon that office shall become vacant. Vacancies 6. 7. If any vacancy occurs in the membership of the Board, such vacancy, shall be filled by the appointment of another member who shall, subject to the provisions of this Schedule, hold office for the remainder of the period for which the previous member was appointed, and such appointment shall be made in the same manner and from the same category of persons, if any, as the appointment of the previous member. 8. Gazetting of appointments of Board members and change in membership The names of all members of the Board as first constituted and every change in the membership thereof, shall be published in the Gazette. 9. Board documents All documents that are prepared by the Board, other than those that are required to be under seal, and all decisions of the Board, may be signified under the hands of the Chairman, the Secretary or any other member authorized to act in that behalf. 10. Procedure of meetings of the Board The Board shall meet at least quarterly and at such other time as may be necessary or expedient for the transaction of its business and such meetings shall be held at such places and times and on such days as the Board may determine. Every meeting shall be presided over by the Chairman and in his absence, the Deputy Chairman. A quorum of the Board shall be six members of the Board including the Chairman or Deputy Chairman. The decisions of the Board shall be determined by a majority of votes and, in addition to an original vote, the Chairman, or other person presiding at a meeting, shall have a casting vote in any case in which the voting is equal. Minutes in proper form of each meeting of the Board shall be kept by the 82 11. Secretary and the Minutes shall be submitted to the Minister within seven days after the meeting. The Agenda of every meeting shall be submitted to the Minister at least three days prior to the meeting. Board members not liable No member of the Board shall be personally liable for any act or default of the Board done or omitted to be done in good faith in the course of the operation of the Institute. 83 APPENDIX B Proposed School Calendar for 2010-2011 Months Students’ Days Teachers’ Days August ------- 2 September 19 22 October 17 18 November 22 22 December 8 13 January 20 20 February 16 18 March 23 23 April 15 15 May 22 20 June 6 11 Total 168 184 School opens on the 30th August, 2010 for teachers and the 6th September, 2010 for students. School closes on the 10th December, 2010 for students and the 17th December, 2010 for teachers. School reopens on the 4th January 2011. School closes on the 21st April and opens on the 2nd May for the Easter vacation. School closes on the 10th June for students and 17th June, 2011 for teachers. NB. The 21st of April is Holy Thursday. 84 Proposed School Calendar for 2011-2012 Months Students’ Days Teachers’ Days August ------- 3 September 20 22 October 17 17 November 22 22 December 7 12 January 21 21 February 17 17 March 22 22 April 15 15 May 22 22 June 10 15 Total 173 190 School opens on the 29th August for teachers and the 5th September for students. School closes on the 9th December for students and 16th December for teachers. School reopens on the 3rd January 2012. School will close on 5th April and opens on 16th April for Easter vacation. School will close on the 15th June for students and 22nd June for teachers. NB. The 5th of April is Holy Thursday. 85 Proposed School Calendar for 2012-2013 Months Students’ Days Teachers’ Days August ------- 5 September 20 20 October 19 19 November 22 22 December 10 15 January 19 19 February 16 18 March 20 20 April 17 17 May 22 22 June 9 14 Total 174 191 School opens on the 27th August for teachers and the 3rd September for students. School closes on the 14th December for students and 21st December for teachers. School reopens on the 7th January 2013. School will close on 28th March and opens on 8th April for Easter vacation. School will close on the 14th June for students and 21st June for teachers. NB. The 28th of March is Holy Thursday. 86 APPENDIX C TABLE OF CONTENTS 1. PURPOSE OF THE HANDBOOK ............................................................................ 2. RATIONALE FOR THE CAREER PATH SYSTEM ...................................................... 3. GOALS AND OBJECTIVES OF THE CAREER PATH SYSTEM ................................... 4. STRUCTURE ........................................................................................................ 5. LEVELS................................................................................................................ 6. QUALIFICATIONS AND JOB SCOPE Level I - Trainee Guidance Counselor...................................................... Level II - Guidance/Counselor................................................................... Level III - Senior/Guidance Counselor .................................................... Level IV - Master Guidance Counselor ..................................................... Level V- Administrator or - Head of Department ..................................... 7. PROBATION…………………………………………………………..…. ...................................... 8. PERFORMANCE ASSESSMENT Continuous Assessment ............................................................................ Annual Assessment .................................................................................... Promotional Assessment. ........................................................................... Calendar - Promotion Assessment Procedure..... ...................................... Application for Promotion.......................................................................... Observation Confirmation Form for Announced Visit ................................ 9. PERFORMANCE CRITERIA FOR GUIDANCE COUNSELOR ASSESSMENT Mandatory Criteria ..................................................................................... Rationale for Guidance Counselor Performance Criteria ........................... Chart: Weighting of Elements in Guidance Performance .......................................... 87 10. COMPONENTS OF THE ASSESSMENT PROCESS Main Components of Assessment Data ............................................................... Performance Assessment Instruments ................................................................ Performance Assessment Forms - PA - 1 Section I - Personal Data and Qualifications.. .......................................... Section II - Documents and Individual goals and objectives…………..……… Section III - Required Performance Rating ..................... ......................... Section IV - Consultation Form.................................................................. Performance Assessment Forms - PA - 2 Section I - Objectives and Achievements .............................................. Section II - Service to School/Department / Education/Community…. Section III - Research/Projects ................................................................ Section IV - Professional Development ................................................... Professional Development Activity and Rating Form .......................................... Overall Performance Assessment Report Level I, II.. ......................................... Overall Performance Assessment Report Level III, IV, Administrator 1 ............. Chart for the conversion of five (5) -point scale of percentages........................ 11. REVIEW BOARD Appointments................................................................................................... Composition ......................................................................................................... Tenure ................................................................................................................... Functions ................. ............................................................................................ 12. APPEALS Lodging an Appeal ............................................................................................ 88 Grandfathering ....................................................................................................... 49 Phasing in the Assessment Process ....................................................................... Partial use of the Evaluation Components....................... .................... ….…............ Extraordinary Application Form .............................................................................. . 89 1. PURPOSE OF THE HANDBOOK The general purpose of the Handbook is to provide-information needed to understand the Career Path. The purposes include: assisting guidance counselors to become aware of career options and-be familiar with the criteria for promotion within the Career Path; setting out clear procedures for all persons involved in the assessment process so the roles and responsibilities are clearly understood; providing an explanation of the content in which assessment for promotion takes place; assisting candidates for promotion in understanding the assessment/evaluation process by providing sample copies of assessment instruments and related forms; facilitating the efficient implementation of the Career Path so that the process of assessment is standardized throughout the Public School System. 2. RATIONALE FOR THE CAREER PATH SYSTEM More than any other enterprise, education is crucial to all national endeavors. Its quality for the most part, depends on the professionals who staff our schools. Quality service from guidance counselors determines both the overall growth and development of students and the status accorded the guidance and counseling profession. Thus, if schools are providing quality service they must be staffed by highly qualified and motivated individuals. Historically, incentives in the Bahamian Educational System have tended to favor administrators, while other personnel were rewarded according to one scale regardless of job demands and performance. This practice has resulted in (a) a perception of guidance counselors as not highly valued, and (b) a conviction that advancement within the system can be achieved only by leaving guidance and 90 counseling to become an administrator, or leaving to engage hi other lucrative professions. Not all guidance counselors aspire to an administrative career. Therefore, if the quality of education is to enhanced, outstanding guidance counselors must be encouraged to remain within the system and still receive fair compensation on the basis on merit for their service. To retain competent guidance counsellorships more options are required, such as increased job satisfaction, better use of knowledge, skills, and incentives which maintain motivation. The Government has implemented a carefully conceived and well structured Career Path and Merit Pay System which provides for promotion and merit pay based upon performance, experience and qualification. 3. GOALS AND OBJECTIVES OF THE CAREER PATH SYSTEM A. Goals The goals are to: 1. orient and induct all guidance counselors upon entrance into the Profession; 2. provide for the advancement of guidance counselors within the system; 3. improve guidance counselors morale; 4. provide merit pay. B. Objectives The objectives are to: encourage guidance counselors to utilize their knowledge and talents; provide for the advancement of school counselors within the system; 91 recognize and reward excellence; provide a framework within which the professional growth of school counselors can take place; improve the quality and standard of the service of guidance counselors within the country. 4. STRUCTURE The structure of the Career Path allows for the promotion of eligible guidance counselors along different "Paths" as follows: Guidance Counselor Administrator 5. A. LEVELS Guidance Counselor Level I - Trainee Guidance Counselor Level II - Guidance Counselor Level III - Guidance Counselor Level IV - Master Guidance Counselor Administrator Level I - Head of Department 92 QUALIFICATIONS AND JOB SCOPE 6. Level I - TRAINEE GUIDANCE COUNSELOR Trainee guidance counselor with undergraduate degrees or master's degrees in related areas will work under direct supervision of a trained guidance counselor at Level II and will be given a five year period to complete specified professional training in the guidance and counseling discipline. QUALIFICATIONS A Bachelor's Degree in one of the related areas e.g. Psychology, Sociology, Education. A Master's Degree in Guidance Counseling or a related area e.g. Psychology, Sociology, Education. JOB DESCRIPTION I.To work with administrators, teachers, students and parents in acquiring a better understanding of students' needs and how to assist with these needs. To confer with administrators and teachers about performances of students and the implementation of programs geared to help students with educational, vocational, personal and social problems. (The counselor could utilize the results of appropriate assessment instruments.) II. To participate in parent/teacher conferences and provide assistance in regard to interpretation of students' grades and possible reasons for lack of motivation and progress in their school work. III. To arrange with administrators and teachers to visit classes in an effort to motivate students toward higher academic achievement. Further, to provide students with information on topics that would enhance their overall development such as, "Self Esteem", "Peer Pressure" and "Interpersonal Skills." IV. V. To arrange for resource persons to discuss topics related to the overall welfare and well-being of students such as, "Substance Abuse" and "Child Abuse." VI. To assist in identifying students with academic, behavioral, physical and social concerns and make appropriate referrals. 93 VII. To help students understand and adjust to changes and pressures of adolescence and any other personal concerns through individual or group counseling. VIII. To confer with allied personnel such as, school nurse, school psychologist, and speech therapist in matters pertaining to individual students. IX. To document the guidance and counseling activities. X. To collect, organize and secure students' Confidential Record Cards. Level II - GUIDANCE COUNSELOR QUALIFICATIONS 1. A Master's Degree in Guidance and Counseling At least three years experience in the field of Guidance and Counseling Consistent satisfactory performance OR 2. A Master's Degree in a related area e.g. Sociology, Psychology, Education Additionally, the counselor must have obtained professional courses at the Master's Degree level as outlined below. Individual Counseling (Helping Relationships) Group Counseling Appraisals Life Span and Career Development Professional Orientation/Organizational Practices Human Growth and Development At least three years experience in the field of guidance and counseling Consistent satisfactory performance. OR 3. At least five years experience as a Certified Trained Teacher A Master's Degree in Guidance and Counseling 94 At least one year experience as a Trainee Guidance Counselor Consistent satisfactory performance. JOB DESCRIPTION The guidance counselor will be expected to perform the duties which are outlined in Level I ( Trainee Counselor) To furnish academic transcripts in a timely manner when requested. To provide information to staff with regards to proper completion of students Confidential Record Cards. To collect, maintain and disseminate information to students relative to career development, personal and topical issues etc. To initiate contact with appropriate professionals in an effort to bring about better understanding of a problem and to reach a workable solution. Level III SENIOR GUIDANCE COUNSELOR QUALIFICATIONS Master's Degree in Guidance and Counseling or related areas with the successful completion of the specified professional courses. At least five years experience as a guidance counselor, two of which must be at level II. Consistent satisfactory performance on Annual Assessment. Participate in approved professional development courses/programmes within the past five years. JOB DESCRIPTION The Senior Guidance Counselor will be expected to perform the duties which are outlined in levels I and II. Assist with managerial and supervisory responsibilities. Sensitize the community and civic organizations to the needs of students in an effort to gain 95 their support and involvement. Organize training sessions and conduct workshops for teachers in New Providence and/or the Family Islands. Conduct research/projects designed to measure the effectiveness of guidance services and other educational concerns. LEVEL IV MASTER GUIDANCE COUNSELOR QUALIFICATIONS Master's Degree in Guidance and Counseling or related areas with the successful completion of the specified professional courses ( see level II). At least 10 years experience in the field of guidance counseling Consistent satisfactory performance on Annual Assessment. Participation in approved professional development courses/programs within the past five years. JOB DESCRIPTION The Master Guidance Counselor is considered the professional leader in coordinating, counseling, and consulting. In addition to the duties and responsibilities outlined at Level III, the Master Counselor is expected to: provide meaningful leadership through positive involvement in activities of the school and the wider community assist with managerial and supervisory responsibilities serve as a resource person to counselors, school staff and the community provide analysis on topical guidance and counseling issues assist with the development and evaluation of new programs design and participate in professional development seminars and workshops seek to publish articles on guidance and counseling issues. 96 97 PROMOTIONAL ASSESSMENT PROCEDURES AUGUST AUGUST/SEPTEMBER SEPTEMBER ORIENTATION SCHEDULING APPLICATION RECOMMENDATION OFFICER, GUIDANCE & COUNSELING, ADMINISTRATIVE TEAM: Conduct Orientation on promotional assessment procedures for counselors. Explain process to Counselors. Provide Counselors with copies of the Counselors Performance Assessment Instruments and related documents. Explain forms and their purposes. OCTOBER EVALUATION BEGINS EVALUATORS: GUIDANCE COUNSELORS: GUIDANCE COUNSELORS: Make application for promotion to the next career level when eligible, using the Application for Promotion SCHOOL ADMINISTRATION DEPARTMENT HEAD: Choose activity and time for announced observation. Visit at scheduled times to observe counselors' performance. Confirm schedule for evaluators by completing the Observation Confirmation Form. Make dichotomous (yes/no) decisions indicating whether or not skills and activities are demonstrated. Rate the level at which the skills or activities are demonstrated. Record specific evidence to substantiate their observations during discussions with the guidance counselors and/or the Review Board. Counselors to be evaluated for promotion. Prepare observational ratings immediately after each activity so that specific examples and incidences can be recalled and cited. 98 OCTOBER-JANUARY CONFERENCES GUIDANCE COUNSELORS: Make available to evaluators goals forecasts, calender and records as evidence of guidance counselors' activities. Complete Section IV of the Performance Assessment Document in consultation with evaluators. MARCH-MAY FEBRUARY ASSESSMENT REVIEW BOARD GUIDANCE COUNSELORS: Considers applications for Complete and submit Selfreports (Guidance Counselors' Performance Assessment Document PA III) to Head of Department and Principal. promotion. Conducts interviews, if necessary. Make recommendations regarding promotions to the Department of Education. Submits a comprehensive report of their findings to the Department of Education. EVALUATORS: EVALUATORS: Complete assessments. Examine guidance counselors records (calendar, forecasts, etc.) Summarize results of observations. Share findings related to guidance counselors performance. Complete and submit reports to Review Board. Discuss recommendations for professional development with guidance counselors. Completed Section IV of the Performance Assessment Document (PA-I or PA II) in conjunction with counselors. 99 JUNE-JULY APPROVAL MINISTRY/DEPARTMENT OF EDUCATION: Forwards Review Board's recommendations to the Public Service Commission for consideration. DEPARTMENT OF EDUCATION CAREER PATH FOR PUBLIC SCHOOL GUIDANCE COUNSELORS AND ADMINISTRATOR LEVEL I APPLICATION FOR PROMOTION Please print clearly. This application must be completed by the Guidance Counselor and submitted through the Principal. NAME: ____________________________________________________________________ Surname (block capitals) First Middle Years of Guidance and Counseling: _______________ Total years of service: Current Career Level: ___________________________ School: Island: Qualifications: Date obtained Discipline Summary of Counseling Activities (PAIs over the last four years) Year: Score: Date: Date: Guidance Counselor's Signature: Principal's Signature: __________ 100 9. PERFORMANCE CRITERIA FOR GUIDANCE COUNSELOR ASSESSMENT A. Mandatory Criteria Levels I to IV and Administrator - Level I are assessed in the mandatory areas of Guidance Counseling Service to School: (III) School and Department goals, School-based community services Professional Development. Levels III, IV, and Administrator-Level I are further assessed in the areas of leadership, supervision and management. B. Rationale for Guidance Counselors' Performance Criteria (I) Guidance Counseling The guidance counselor's professional skills and experiences are fundamental to the guidance counselor's role, and therefore, a crucial component to be evaluated. All guidance counselors are excepted to contribute to the overall growth and development of the students and the effective running of the school. The scheduled time devoted to the guidance and counseling functions by Guidance Counselors vary at different levels. (II) Service to School, Community and Department of Education Service to school, community and Department of Education is most important. Guidance counselors are expected to facilitate the overall growth and development of students, support school goals and objectives, and school based community activities, which are integral parts of the performance assessment of guidance counselors. 101 CHART-WEIGHTING OF ELEMENTS IN GUIDANCE COUNSELOR PERFORMANCE ASSESSMENT FOR CAREER PATH LEVELS INDIVIDUAL COUNSELING CLASSROOM GUIDANCE ENRICHMENT PROGRAMMES SMALL GROUP COUNSELING STAFF CONSULTATION CASE CONSULTATION LIAISON WITH COMMUNITY OTHER COUNSELING FUNCTIONS PROFESSIONAL DEVELOPMENT MANAGEMENT AND SUPERVISORY SCHOOL AND DOE GOALS SCHOOL BASED COMMUNITY SERVICE LEVEL 1 25% 10% 10% 10% 5% 3% 7% 5% ' 15% - 5% 5% LEVEL II 25% 10% 10% 10% 5% 3% ' 7% 5% 15% - 5% 5% LEVEL III 20% 10% 10% 10% 5% 3% 7% 5% 15% 5% 5% 5% LEVEL IV 15% 5% 10% 5% 10% 7% 8% 5% 15% 10% 5% 5% H.OD. 10% 5% 7% 5% 10% 5% 10% 3% 20% 20% 5% 5% 102 The proficiencies and skills are rated on a scale of 0 to 5 by the Internal/External Evaluators during observation sessions either for the Annual Assessment or Promotional Assessment. Section IV is completed by the Evaluators in consultation with the counselor after observation (s). It includes the commendations, concerns and recommendations of the Evaluators, counselor's comments, signatures of both parties, and the dates the comments are written. Form PA 2 - Guidance Counselors SelfReport for Guidance Counselors This instrument has four sections: objectives, achievement and remarks service to school/Department of Education/community Professional Development Research and or Projects (mandatory at levels III &IV). 103 Performance Assessment Form PA -1 DEPARTMENT OF EDUCATION PERFORMANCE ASSESSMENT FORM - PA - 1 GUIDANCE COUNSELOR AND ADMINISTRATOR I ASSESSMENT PERIOD: / / TO / ____________________ / THIS SECTION IS TO BE COMPLETED BY THE COUNSELOR AT THE BEGINNING OF EACH SCHOOL YEAR. A. PERSONAL Name ___________________ Surname (block capitals) ____________________ First Date of Birth: ______ /______ / _____ ________________ Middle __________________ Maiden Date of appointment to: Public Service: ___ Employee Number: ________ National Insurance Number: ______________ Guidance & Counseling Service / __ / / Present Post: Present Salary: $ ___________________ p.a. B. QUALIFICATIONS (complete all that apply) QUALIFICATION INSTITUTION YEAR COMPLETED Teacher's Certificate/Diploma _________________________________ Associate Degree Bachelor of Science Bachelor of Arts Bachelor of Education Master of Arts Master of Science Master of Education Doctorate (Ph.D.) 104 Doctorate (Ed.D.) Other: C. PROFESSIONAL (Deployments within the last 5 years) Present Deployment Previous Deployment Previous Deployment ________________ ____________________ ___________________ Name of school Period of deployment from to from to from to D. EXTRACURRICULAR Hobbies/Interests Participant ________________________________________________________________ Spectator E. GUIDANCE COUNSELOR'S WEEKL Y WORKLOAD a. Individual Counseling b. Classroom Guidance c. Small Group Counseling d. Staff Consultation e. Case Consultation .f.. Liaison with the Community g. Other Counseling Functions h. Professional Responsibilities Signature: ______________________________________ 105 Date: Documentation of Goals and Objectives Form SECTION II THIS SECTION IS TO BE COMPLETED BY THE GUIDANCE COUNSELOR AT THE BEGINNING OF EACH SCHOOL YEAR. A. Mission statement from the Department of Education. B. Mission statement of the School. C. Departmental Goals: _________________________ _________________________ _________________________ D. Objectives of the Guidance Counselor for the academic year: 1. 2 3 E. Leadership Objectives of the Guidance Counselor for the academic year: Guidance Counselor's Signature: _____________ Date: Principal's Signature: ____________________ Date: 106 REQUIRED RATINGS FOR PROMOTIONS (This corresponds with Section III) Two ratings, in particular, are very important in arriving at administrative decisions pertaining to increments and promotions. These are: The cumulative score for Guidance Counselors The overall performance assessment score A. In order to be promoted from one level to the next, the applicant must obtain the following ratings: Promotion to Guidance Counselor an average rating of 3 Promotion to Senior Guidance Counselor an average rating of 4 Promotion to Master Guidance Counselor an average rating of 4 A cumulative rating that is less than that which is stipulated indicates the need for remediation/professional development and subsequent observation and evaluations. A guidance counselor who does not attain the required rating must be afforded an opportunity for remediation/professional development. B. Overall Performance Assessment Scores Scores from the mandatory assessment components comprise the Overall Performance Assessment Score which is stated as a percentage. The counselor performance rating is converted to a percentage using the Conversion Chart (Table # _). All individual scores are recorded on the Overall Performance Assessment report (see pages __ ) along with the final score. Counselors seeking promotion must attain a minimum of 70% for level II . . . and 80% for levels III and IV. C. Composition of Overall Assessment Score Counselors must obtain a score in all of the evaluation components (See Table 4). 107 108 SECTION IV CONSULTATION FORM TO BE COMPLETED BY THE ASSESSORS AND THE GUIDANCE COUNSELOR Assessor's commendations Assessor's concerns Assessor's recommendations Names of Assessors: (Please print) Signature Date: Signature Date: Signature Date: Guidance Counselor's comments Date: Guidance Counselor's Signature: 109 Performance Assessment Form PA-2 DEPARTMENT OF EDUCATION GUIDANCE COUNSELOR'S PERFORMANCE ASSESSMENT FORM P A - 2 GUIDANCE COUNSELOR SELF-REPORT ASSESSMENT PERIOD: Name: First / /TO _ _ / Middle Surname (block capitals) Present Post: ________________ School: Island: SECTION I OBJECTIVES ACHIEVEMENTS/REMARKS Counselor's Remarks 110 / Performance Assessment Form PA -2 SECTION II SERVICE TO SCHOOL/DEPARTMENT OF EDUCATION/COMMUNITY (Evidence must be provided) Major Resource, etc. Total Hours Guidance Counselor's Remarks Principal's/Supervisor's Remarks (Initial and date each remark) 111 Funding/achievements Remarks and summary of achievements/results Performance Assessment Form PA -2 SECTION III RESEARCH/PROJECTS FOR SENIOR/MASTER GUIDANCE COUNSELOR (Optional for others) (Evidence must be provided) Major Resource, etc. or Major concern/topic Total Hours Funding/achievements Remarks and summary of achievements/results COUNSELOR'S REMARKS PRINCIPAL'S/SUPERVISOR'S REMARKS (Initial and date each remark) 112 Performance Assessment Form PA - 2 SECTION IV PROFESSIONAL DEVELOPMENT OBJECTIVES ACHIEVEMENT GUIDANCE COUNSELOR'S REMARKS PRINCIPAL'S/SUPERVISOR'S REMARKS GUIDANCE COUNSELOR'S SIGNATURE: _______________________________ DATE: PRINCIPAL'S SIGNATURE: __________________________________________ DATE: 113 Performance Assessment Form PA -2 SECTION V RESEARCH/PROJECTS FOR SENIOR/MASTER GUIDANCE COUNSELOR (Optional for others) (Evidence must be provided) Major Resource, etc. or Major concern/topic Total Hours Funding/achievements Remarks and summary of achievements/results COUNSELOR'S REMARKS PRINCIPAL'S/SUPERVISOR'S REMARKS (Initial and date each remark) 114 Professional Development DEPARTMENT OF EDUCATION CAREER PATH FOR PUBLIC SCHOOL GUIDANCE COUNSELORS AND ADMINISTRATOR LEVEL I PROFESSIONAL DEVELOPMENT ACTIVITIES AND RATINGS FORM Guidance Counselor's Name: Surname First Middle Island: School: PARTICIPANTS: Length of Unit Value participation 2 2 hours or ½ day participant 5 hours or ½ day participant 30 hours-or 1 week participant 5 30 60 60 hours or 2 week participant PRESENTORS: 1 hour of presentation = Number of hours: __________ ORGANIZERS: 1 hour of presentation Number of hours: ___ TOTAL: 115 Units awarded: Calculation of Rating The maximum number of units which guidance counselor/Head of Department will receive for Professional Development Activities = 100 100 Units = 15% of total assessment 116 PA Report Level I, II DEPARTMENT OF EDUCATION CAREER PATH FOR PUBLIC SCHOOL GUIDANCE COUNSELOR AND ADMINISTRATOR LEVEL I OVERALL PERFORMANCE ASSESSMENT REPORT FOR GUIDANCE COUNSELOR - LEVEL I AND LEVEL II Name: _________________________ Surname ____________________ ____________ First School: __________________________________ Middle Island: _________ ASSESSMENTS A. Guidance Counselor B. (i) Service To School, D.O.E. and Community Achievement of Student Enrichment Goals ( 15%) (ii) Achievement of School and D.O.E. Goals (5%) ............. (iii) Achievement of School-based Community Goals (5%). Sub-total (25%) ............................................................ ... C. Professional Development ( 15%) .............................................. D. Total Overall Rating Guidance Counselor - Level I (A+B+C) . ..... . ................. Guidance Counselor - Level II (A+B+C) .................... . 117 Overall Performance Assessment Report Levels III, IV and Administrator I DEPARTMENT OF EDUCATION CAREER PATH FOR PUBLIC SCHOOL GUIDANCE COUNSELOR AND ADMINISTRATOR LEVEL I OVERALL PERFORMANCE ASSESSMENT REPORT FOR GUIDANCE COUNSELOR - LEVEL III AND LEVEL IV AND ADMINISTRATOR LEVEL I Name: _________________________ ____________ , ______ ____________ Surname First Middle School: __________________________; ________ Island:__________________ ASSESSMENTS % A. Guidance Counselor ..................................................................... _____ B. Management and Supervisory Responsibilities.. .............................. ____ C. Professional Development........ ...................................................... ____ D. Service to School, D.O.E. and Community Achievement of Student Enrichment Goals (15%) ............................................ ____ Achievement of School and D.O.E. Goals (5%)................................................. ____ Achievement of School-based and Community Goals (5%).... ________________ Sub-total (25%) .............. .............................................. ........... E. TOTAL OVERALL RATING... CHART FOR THE CONVERSATION OF FIVE (5)-POINT SCALE TO PERCENTAGES 118 ____ 5% 15% 20% 25% 30% 60% 0.1 -0.2 0.3-0.5 0.6-1.0 .3 .7 1.0 1 1.7 3.4 5.0 2 4 2 3 1.3 2.7 4.0 4 8 12 1.1 - 1.2 1.3-1.5 1.6-2.0 1.3 1.7 2.0 4 5-. • 6 5.3 6.7 8.0 6.7 10.0 8 10 12 2.1-2.2 2.3-2.5 2.6-3.0 2.3 2.7 3.0 7 8 9 9.3 10.7 12.0 11.7 13.4 15.0 14 16 18 28 80-89 3.1-3.2 3.3-3.5 3.6-4.0 3.3 3.7 4.0 10 11 12 '13.3 14.7 16.0 16.7 18.4 20.0 20 22 24 40 44 48 90- 100 4.1 -4.2 4.3-4.5 4.6-5.0 4.3 4.7 5.0 13 14 15 17.3 18.7 20.0 21.7 23.4 25.0 26 52 56 28 30 60 CATEGORY 0-59 60-69 70-79 SCALE 119 8:4 6 16 20 24 32 36 11. A. REVIEW BOARD Appointment of the Review Board The Review Board is comprised of seven (7) members who are appointed by the Minister of Education. It is a permanent body headed by a Chairperson appointed by the Minister of Education in consultation with The Bahamas Union of Teachers. B. ( I) Composition of the Review Board Two (2) persons nominated by the Department of Education Two (2) persons nominated by the Bahamas Union of Teachers. Two (2) persons agreed by both the Department of Education and The Bahamas Union of Teachers; one of these persons must be selected from the public at large. (IV) One person from the Advisory Council on Education. C. (I) Tenure A Board member's tenure is three (3) years (1 Term) Note: In the first instance four members, one each from B(I), (II), (HI) above and the member at (IV), are appointed for three years. Three other members, one each from B (I), (II) and (III) above are appointed for two years. Thereafter, the tenure of all members will be three (3) years. (II) An individual can serve more than one term as a Board Member; however, cannot serve for two consecutive terms. D. Functions of the Review Board The Review Board Determines the suitability of all Guidance and Counseling personnel in the Public School System in the Commonwealth of The Bahamas who are eligible for promotion within the system; 120 Makes recommendations to the Department of Education regarding the candidates who are considered suitable for promotion; Reviews appeal cases of assessment for promotion referred by the Guidance Counselor; Department of Education or The Bahamas Union of Teachers; Submits a triennial review of the operation of the Career Path to the Department of Education. Note: The Department/Ministry of Education is responsible for forwarding the Review Board's recommendation to the Public Service Commission. 12. A. APPEALS Lodging an Appeal Formal notification of candidates of the results of their application by the Public Service Commission constitutes the final step in the promotional assessment process. However, candidates who have not been recommended for promotion by the Review Board will be informed of this by the Ministry/Department of Education within two weeks of receiving the Review Board's recommendations. The Guidance Counselor who feels that an unfair assessment has been made may lodge an appeal with the Review Board. Appeal cases of assessment also may be referred to the Review Board by the Ministry/Department of Education and The Bahamas Union of Teachers. The appeal must be made within one month of the candidate being notified and must be supported by grounds for reassessment. The Chairman of the Review Board must respond formally within one month of the receipt of the appeal. If the appeal is denied, the Chairman must give the reasons for the Board's decision. B. The Appeals Process In the Appeals Process, the appellant, school principal, designated officers of the Ministry/ Department of Education and the Review Board all assume specific responsibilities. All persons involved will be expected to adhere strictly to the steps comprising the process as follows: The guidance counselor writes to the* Chairman of the Review Board and forwards the letter through the principal; The principal forwards the letter to the Department of Education for onward transmission to the Review Board; 121 The Review Board considers the appeal and makes a decision to uphold the initial recommendation or to authorize a reassessment by another team of evaluators. The Chairman of The Review Board communicates its decision in writing to the guidance counselor or administrator. The decision of the Review Board is final. 13. EXTRAORDINARY ACTIVITIES - IMPLEMENTATION OF THE CAREER PATH SYSTEM The implementation of the Career Path requires the use of specific activities that differ from those that will be used when the system is fully established. These activities which will be used ONCE are: Grandfathering of Senior and Master Guidance Counselor Phasing in of the Assessment Process Partial Use of Evaluation Component Application for Promotion Form A. Grandfathering of Senior and Master Guidance Counselors It is recognized that there are guidance counselors in the system who may be functioning at the senior and master guidance counselor levels, but do not possess the required qualifications. Criteria for application in this implementation phase ONLY are: (I) (II) Twenty years of service as a trained teacher/guidance counselor (endorsed Teacher's Certificate preferred); " Six B.J.C.'s acquired at one sitting, Cambridge Senior Certificate, or 3 - 4 G.C.E's or equivalent; (III) B. Above Average performance rating on ACR's over the last five years. Phasing in of the Assessment Process In 1999/2000 academic year, the new method of assessing the guidance counselor's performance will be used ONLY in the Evaluation Process 122 for Promotion. The Annual Confidential Record will continue to be used for the annual assessment of guidance counselor's performance. Additionally, the Promotion Assessment Team for the initial academic year will comprise of three external evaluators. Thereafter, the prescribed composition of the teams will be followed. C. Partial use of the Evaluation Components The Career Path seeks to evaluate guidance counselors in the areas of: (I) Guidance and Counseling performance School and Department of Education goals; School based community service; Professional Development The Services to School component will not be used in the initial academic year given the need to ensure parity of evaluation. Therefore, the total overall assessment will be composed of guidance and counseling, managerial and supervisory responsibilities and professional development components as they relate to the respective Levels. Consequently, the aggregate overall rating will be 75% instead of 100%. Extraordinary Application Form The use of all components in the evaluation of the guidance counselor's performance will commence after the initial academic year of its implementation for guidance counselors. During the initial year of implementation of this program, a Special Application for Promotion form will be used. In subsequent years the form in this booklet will be used. 123 GUIDANCE COUNSELORS’ CAREER PATH & SALARY SCALE PROPOSAL COUNSELOR LEVEL Entry Level Bachelors Degree: (0 –3 years experience) Bachelor’s degree preferably psychology, or a related field and enrolled in a Master’s degree program in school, community, or clinical counseling. Master’s Degree Entry Level: A minimum of a Master’s degree in school, community, or clinical counseling or a related area (e.g. Psychology, sociology or Education) and 0-3 years experience. Master Counselor: : A minimum of a Master’s Degree in school, community, or clinical counseling or a related area (e.g. Psychology, sociology or Education) and 4-7 years counseling experience. Master Counselor: A minimum of a Master’s Degree in school, community, or clinical counseling or a related area (e.g. Psychology, sociology or Education) and SALARY SCALE JOB TITLE $27,300 - $30,100 ($700.00 increment for each year of experience) $30,800 - $33,600 Trainee Guidance Counselor Guidance Counselor 111 ($700.00 increment each year) $34,300 - $37,100 Guidance Counselor 11 ($700.00 increment each year) $37,800 - $40,600 Guidance Counselor 1 ($700.00 increment each year) 8-11 years of experience. Senior Counselor: A minimum of a Master’s Degree in school, community, or clinical counseling or a related area (e.g. Psychology, sociology or Education) and $41,300 - $44,100 ($700.00 increment each year) twelve (12) or more years of experience. 124 Senior Guidance Counselor ADDITIONS TO SALARY SCALE ADDITIONAL QUALIFICATIONS ADDITION TO SALARY Counselor’s Certification $500 Licensed Counselor $500 Teacher’s Certification $500 1-5 Years Teaching Experience $500 6-10 Years Teaching Experience $600 11-15 Years Teaching Experience $800 16 or More Years Teaching Experience $1,000 Head of Guidance Department $1,500 125 APPENDIX D SCHOOL LIBRARY PROPOSAL FOR THE COLLECTIVE BARGAINING AGREEMENT BAHAMAS UNION OF TEACHERS We propose that: TRAINING: FOR ALL NEW STAFF APPOINTED TO THE IBRARY. Be quick training 4 days a month for 6 months Extra training can be done locally at the College of the Bahamas, Internationally through a Online Courses or at Colleges aboard. They are then to visit the various levels of schools; Primary, Junior High, Senior High to evaluate the operating of the library. THAT THE FLEXIBLE TIMETABLE BE IMPLEMENTED IN ALL SCHOOLS: As the study of Library Skills are done informally throughout the schools without a grade to be recorded on the report card. A flexible timetable was implemented for the Primary School Teacher Librarians so that they are able to teach all grade levels for the year and give students the opportunity to practice what has been taught by taking two (2) grade levels each term. E.g. 1st Term Grades 3 & 6 2nd Term Grades 2 & 5 3rd Term Grades 1 & 4 There is also time allotted for class teachers to sign-up to bring in their students for extra class work using the information and resources in the library. They are asked to give the area in which they would like to work so that the library staff are able to collect the information and resources in time for the class arrival. Also the time table gives the library staff times to accomplish the necessary work needed to keep the library organized and functioning, as well as to go out and collect resources and information for class projects. 126 Sample enclosed of Primary Timetable THAT Grades 7 in the Junior High and Grades 10 in the Senior High Schools are scheduled for the library during the first term preferably through the Language Arts Department. The 8th and 9th grades as well as a the 11th and 12 th come to the library by appointments made by the teachers requesting specific topic to be taught for subject requirements. Other than that the library in the High Schools are open for regular use by the students. SCHOOL LIBRARY CAREER PATH Copy Attached. JOB DISCRIPTION FOR THE TEACHER LIBRARIAN AND LIBRARY CLERKS – ATTACHED REMINDER- The Library Clerks are not teachers, but they are to maintain the smooth running of the library and to assist the Teacher Librarian. RECLASSIFICATION THAT the title Teacher Librarian remain as it is universal for teachers who work in the library therefore we will keep this title. That the Library Clerks be reclassified as Information specialist. Also enclosed is the Public School Library Staff List. Enc. 127 JOB DESCRIPTION CLERICAL AND SUB-CLERICAL LIBRARY PERSONNEL o Library Clerks and Filing Assistants or Library Aides assist in such procedures as; o processing and repairing books and audio-visual materials; following library guidelines for preparation of acquisitions lists, vertical file materials, magazine collections, etc.; typing library orders, catalogue cards, book lists, and audio-visual lists; organizing library displays; o providing reader assistance and assisting in answering basic reference routines; o working at the circulation desk and assisting patrons requiring use of annual reports; o filing and shelving; o operating audio-visual equipment and assisting patrons; o preparing circulation statistics, and assisting in the preparation of annual reports; o delivering instruction in library use (lesson plans and schemes to be prepared by teacher or Librarian in charge when teaching load is too great for one person. o NOTE; The clerical or sub-clerical person in the library is not a trained teacher, but in many instances Principals expect such persons to function as trained teachers or as professional librarians. 128 o Clerical persons are also expected to report to Ministry of Education during summer vacations, and the majority have no more than three (3) weeks of leave per annum. 129 As instructor, advisor and guide in the library, the librarians assist the school population in this regard. A trained, qualified enthusiastic worker like a class teacher is best suited to enrich the developing minds of students and the work of their teachers. The school libraries exist to provide materials and information through books and other media including technological tools such as the computer, CD ROMs and internet: and operate as the nerve centre or the school. I envisage the potentiality of students being drawn to great heights when they tap into the multiplicity of resources that are stored in our libraries. Because of the general purpose of public libraries and their great distances from many residential areas throughout the Bahamas, it is often difficult for students to get to them and to readily obtain information for their immediate needs. The school library provides the alternative with a collection to complement their studies. Therefore it is important to have vibrant, properly stocked libraries and efficient skilled workers. So, I believe that this first Bahamian Library Manual will erase many myths and create pride in the untrained library worker who wants to be a source of inspiration to every patron. Dr. Curlean Fernander January 4, 2000. 130 Teacher-Librarian Qualifications Teacher Librarian: may be a professional librarian or a trained teacher with additional qualifications or expertise in Librarianship. Teacher-Librarian Duties She/He: Professional Provides professional leadership. over-all supervision of the Library. Develops a philosophy and programs to promote full use of all learning resources. Establishes and implements policy Identify needs and plans, programs, accordingly. Plans, organizes, provides service, evaluates and revises. Keeps abreast of professional developments which will improve Library services and the expertise of the Library staff. Service Acts as reference, and or advisor both for teachers and students. Acts as curriculum consultant and. instructional developer for teachers. Provides teachers and students with the best available resource materials, equipment and service in an environment that is conducive to learning. 131 Makes sure materials and equipment are appropriate and relevant to the information, educational and cultural needs of all persons in your school. Facilities Provides an attractive learning environment that promotes the use of the facility and all of its resources. Collection In co-operation with teachers, selects, acquires, catalogues and circulates print and non-print materials which support curriculum and student needs. Produces that which is not readily available. Catalogues and classify collections in accordance with Ministry of Education policies. Maintains card catalogue or computer database of holdings. Designs a loan system to meet unique needs of the school as well as Ministry of Education requirements. Non-print materials Provides a local production area that has suitable equipment and necessary materials to support teachers and learners. Teaches others to use the equipment and materials. Education Reinforces a positive attitude toward learning as well as reading and listening for pleasure. 132 Provides instruction for teachers and students in all aspects of the operation of the library (including rules and regulations). Prepares all lesson plans and teaches the Library Skills Program. Promotion of Library Promotes the library through such vehicles as displays, book fairs, select bibliographies, brochures and conducts orientation for target groups. Attends staff meetings and planning sessions so as to inform teachers of available resources/services. Increases awareness in all "clients" of the services offered by the library. Interprets the resources and services of the Library to the school community. Develops and maintains a co-operative working relationship with administration, faculty and students at the school and district level. Evaluation Is responsible for formal and informal evaluation of the Library. Revises existing library programs and implements new ones in keeping with the results of the evaluation. Monitors the use of the Library to keep all programs operating roperly. 133 Conducts evaluation to get support, suggestions and feedback. Record Keeping stablishes mechanisms to account for all items in the Library. Maintains records of important aspects of the Library (circulation figures, disposition of consumables, lost items, repair records, major incidents etc). Prepares and submits end of term statistics and annual reports on library activities (or as required by Ministry regulations.) Items required for basic operation of the library: The following is a partial listing of items that should be in a library in order for it to function properly. Before you open your library please check to see that most of these items are available to you. While not all of the items are found in all school libraries, the list is a good example. 134 APPENDIX E HARDSHIP (PROPOSAL) No. of Teachers Present Allow. Future Allow. Present Cost Future Cost Variance AbacoG.Cay,C.Rocks 15 $3,000.00 $4,500.00 $45,000.00 $67,500.00 $22,500.00 AbacoGGC,HT,CH etc 32 $2,000.00 $3,000.00 $64,000.00 $96,000.00 Acklins 20 $3,000.00 $4,500.00 $60,000.00 $90,000.00 $30,000.00 Andros 76 $1,500.00 $2,000.00 $114,000.00 $154,000.00 $38,000.00 AndrosCentral 41 $1,500.00 $2,000.00 $61,500.00 $82,000.00 $20,500.00 Berry Is. 16 $2,500.00 $2,500.00 $40,000.00 $40,000.00 $0.00 Cat Is. 42 $2,000.00 $3,000.00 $84,000.00 $126,000.00 $42,000.00 Crooked Is. 18 $3,000.00 $4,500.00 $54,000.00 $81,000.00 $27,000.00 EleutheraW.Bight 24 $1,500.00 $2,000.00 $36,000.00 $48,000.00 $12,000.00 EleutheraCurrent Is 1 $3,000.00 $4,500.00 $3,000.00 $4,500.00 $1,500.00 ExumaBP,FC,SC 10 $3,000.00 $4,500.00 $30,000.00 $45,000.00 $15,000.00 G.BahamaS.C, Wcay 10 $3,000.00 $4,500.00 $30,000.00 $45,000.00 $15,000.00 G.BahamaH.Rock,F.T 10 $1,500.00 $2,000.00 $15,000.00 $20,000.00 $5,000.00 Inagua 21 $3,000.00 $45,000.00 $63,000.00 $94,500.00 $31,500.00 Long Cay 1 $3,000.00 $4,500.00 $3,000.00 $4,500.00 $1,500.00 Long Is. 72 $1,500.00 $2,000.00 $108,000.00 $144,000.00 $39,000.00 Mayaguana 8 $3,000.00 $4,500.00 $24,000.00 $36,000.00 $12,000.00 Ragged Is 2 $3,000.00 $4,500.00 $6,000.00 $9,000.00 $3,000.00 Rum Cay 2 $3,000.00 $4,500.00 $6,000.00 $9,000.00 $3,000.00 $47,000.00 $108,500.00 $846,500.00 $1,196,000.00 $350,500.00 Island Total 135 $32,000.00