A G R E E M E N T

T H E N E E D H A M S C H O O L C O M M I T T E E

A N D

T H E N E E D H A M E D U C AT I O N A S S O C I AT I O N

U N I T C

JULY 1, 2017 - JUNE 30, 2020

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TA B L E O F C O N T E N T S

T I T L E _RecognitionDefinition of Employee

Rights of the Association

Management Rights

Continuity of Employment

G r i e v a n c e sD e fi n i t i o nG r i e v a n c e P r o c e d u r eClass Action GrievancesTi m e L i m i t s

A rb i t r a t i on

P e r f o r m a n c e E v a l u a t i o n

M i s c e l l a n e o u s L e a v e sB e r e a v e m e n t L e a v eLeave o f Absence

Jury Duty LeavePersonal DaysParen ta l Leave

Military Leave

Sick LeaveEmployee AllocationExtended Persona l I l l nessExtended Family Illness

Sick Leave Buy Back Policy

Sick Leave Bank

LongevityFull-time EmployeesPart-time EmployeesMethod of PaymentTiming of Payment

Holidays

Vacation Days

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A r t i c l e 1 5 Cond i t i ons o f Work 1 6

Art ic le 16 Reduc t ion in Force 1 8

A r t i c l e 1 7 Health and Safety 1 8

Ar t ic le 18 Professional Development 1 8

Ar t ic le 19 Religious Holidays 19

Ar t ic le 20 Pe rsonne l F i l es 1 9

A r t i c l e 2 1 J u s t C a u s e 1 9

A r t i c l e 2 2 B e n e fi t sI n s u r a n c eTa x - S h e l t e r e d A n n u i t i e sWorkers' CompensationPayroll Deduction Slot

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Ar t ic le 23 Savings Clause 2 0

Ar t ic le 24 S a l a r i e sT r a v e l R e i m b u r s e m e n tP r o m o t i o n a l Va c a n c i e s

Resignations

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Ar t ic le 25 Direct Deposit 2 1

Ar t ic le 26 Scope of Agreement 21

Ar t ic le 27 D u r a t i o n 2 1

Appendix Salary SchedulesE v a l u a t i o n

2 3 - 2 52 6 - 2 8

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A R T I C L E IR E C O G N I T I O N

S e c t i o n 1The Committee recognizes the Needham Education Association as the exclusive

bargaining agent of all full-time and regular part-time instructional assistants, tutors,METCO assistants, program assistants, special education program assistants, certifiedoccupational therapy assistants, speech language assistants, and teaching assistants,excluding school office assistants and all managerial, confidential, and casualemployees, and all other school employees.

Section 2 - Definition of EmployeeUnless otherwise indicated, the term 'employee' when used hereinafter in this

agreement shall refer to all employees represented by the Association in thenegotiating unit.

A R T I C L E 2RIGHTS OF THE ASSOCIATION

S e c t i o n 1There shall be no discrimination, interference, restraint, or coercion by the School

Committee or the Association or their respective agents against any employee becauseof membership or non-membership in or participation in the lawful activities of theA s s o c i a t i o n .

Representation by the Association in the capacity of bargaining agent shall beavailable to all employees in the unit covered by this Agreement, who are eligible formembership. No employee shall be required to join the Association or to pay a fee ordues as a condition of employment or to obtain such representation.

S e c t i o n 2The Committee agrees that, in accordance with the provisions of the General

Laws of Massachusetts, it will request the Town Treasurer to deduct membership duesfrom the salaries of its employees who have voluntarily submitted a writtena u t h o r i z a t i o n .

The amount so deducted will be remitted in accordance with such authorizationto the Needham Education Association for the disbursement to the respectiveorganizations, provided that the Committee shall be under no obligation to make anysuch deductions after the receipt of a revocation in accordance with the terms hereof.

The Association agrees to indemnify and hold harmless the Committee and/orTown for damages or other financial loss which they may be required to pay by anadministrative agency or court of competent jurisdiction as a result of compliance withthis Ar t ic le.

Dues will be deducted in equal payments beginning with the first paycheck,following receipt of written authorization.

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S e c t i o n 3The Committee agrees not to negotiate with any employee organization other

than that designated as the exclusive bargaining agent pursuant to Chapter 150E, withrespect to the wages, hours, and conditions of employment of employees covered bythis Agreement.

S e c t i o n 4This Agreement is a complete agreement between the parties covering all

subjects of bargaining for the term hereof.The Committee shall not be under any obligation to negotiate with the

Association any modifications or additions to this Agreement which are to becomeeffective during the temri hereof.

In the event that agreements are mutually reached on a voluntary basis betweenthe Committee and the Association, they shall be reduced to writing, will be signed bythe Committee and the Association, and will become an addendum to this Agreement.

A R T I C L E 3M A N A G E M E N T R I G H T S

Except as provided in this Agreement, the Committee and the Superintendentretain all powers, rights, duties, and authority which they had prior to entering into thisAgreement.

As to every matter not expressly covered by this Agreement and except asexpressly or directly modified by clear language in a specific provision of thisAgreement, the Committee and the Superintendent retain exclusively to themselves allrights and powers that they have or may hereafter be granted by law and shall exercisethe same without such exercise being made the subject of grievance or arbitration.

A R T I C L E 4C O N T I N U I T Y O F E M P L O Y M E N T

S e c t i o n 1In consideration of the terms of this Agreement and the legislation which

engendered it, the Association and its members, individually and collectively, agree forthe term hereof, that they shall not cause, sponsor, sanction, assist, or participate in anystrike, work stoppage, concerted absence or refusal to perform assigned duties, or otherillegal activities, directed against the Need ham Public Schools during the term of thisAgreement.

S e c t i o n 2If the Association disclaims such activities publicly and in writing to the

Committee, advises the individuals concerned that the activity is illegal and in violationof this Contract, and instructs them to cease such activities, it will not be liable in anyway therefore.

S e c t i o n 3Employees who participate in any such activities may be disciplined or

discharged as the Committee in its judgment deems proper; and said discipline

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shall be final and binding on the parties affected thereby and not subject to arbitration,provided, however, the issue of fact as to whether an individual has engaged in suchactivities may be made the subject of the grievance and arbitration procedure.

S e c t i o n 4In connection with any negotiations for a successor agreement held pursuant to

Article 24 (Duration), said negotiation shall be conducted without the threat of sanctionsor strikes by either party, and any outstanding differences shall be referred to themediation, fact-finding, or other statutory impasse procedures permitted by law only.

A R T I C L E 5G R I E V A N C E S

Section 1 - IntroductionThe purpose of this procedure is to secure, at the lowest possible administrative

level, equitable solutions to the grievances. Both parties agree that these proceedingswill be kept informal and confidential as may be appropriate at any level of thisprocedure.

S e c t i o n 2 - D e fi n i t i o nFor the purpose of this agreement, a grievance shall be defined as:

Any complaint by an employee covered by this Agreement that he/she has been subjectto a violation, inequitable application, or misinterpretation of a specific provision of thisAgreement.

S e c t i o n 3 - G r i e v a n c e P r o c e d u r eLevel One - An employee with a grievance will first present it in writing to the

immediate supervisor. Unless the parties mutually agree othenwise, a Level Onegrievance meeting will be held between the parties within ten (10) working days ofreceipt of the grievance by the Immediate Administrator/Supervisor. The ImmediateAdministrator/Supervisor will respond in writing within five (5) working days of the LevelOne meeting. The grievant or Association must provide in writing the specific Articleallegedly violated, date of the alleged violation, and the complete remedy sought.

Level Two - If the grievance is not satisfactorily resolved, the grievant has ten(10) working days from the written response of the Immediate Administrator/Supervisorto file the grievance in writing with the Superintendent or designee. Unless the partiesmutually agree otherwise, a Level Two grievance meeting will be held between theparties within ten (10) working days of the receipt of the grievance by theSuperintendent or designee. The Superintendent or designee will respond in writingwithin ten (10) working days of the Level Two meeting.

Level Three - If the grievance is not satisfactorily resolved, the Association hasfifteen (15) working days from the written response of the Superintendent to give noticeto the Superintendent that the grievance is being submitted to arbitrationr

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S e c t i o n 4 - C l a s s A c t i o n G r i e v a n c e sIf there is a grievance wiilch directly affects a group or class of employees, or is

of a general nature, the Association may submit such a grievance in writing directly tothe level of administration having the appropriate authority to resolve said grievance.

S e c t i o n 5 - T i m e L i m i t sIf at the end of twenty (20) working days following the occurrence of any issue

giving rise to a grievance or the date when the employee should reasonably have hadfirst knowledge of its occurrence, whichever is later, the grievance shall not have beenpresented at Level One, as set forth above, the grievance shall be deemed to havebeen waived. Failure of the employee/Association filing the grievance to appeal adecision to the next level within the time limit specified will mean that the grievance shallbe considered settled on the basis of the decision last made and shall not be eligible forfurther appeal.

Failure of the Administration to answer an appeal within the time limit specifiedshall mean that the appeal may be taken to the next step immediately. The abovelimitations may be waived by mutual written agreement of the parties.

In the event a grievance is filed on or before June 1 which, if left unresolved untilthe beginning of the following school year would cause irreparable hami to the party ininterest, the time limits set forth herein may be reduced by mutual written agreement sothat the grievance procedure may be exhausted prior to the end of the school year or assoon thereafter as is practicable.

S e c t i o n 6

Nothing herein contained will be construed as limiting the right of any employeehaving a grievance to discuss the matter informally with the appropriate member of theadministration and to have the grievance adjusted without intervention of theAssociation, provided the adjustment is not inconsistent with the terms of thisAgreement and that the Association has been given the opportunity to be present atsuch adjustment above Level One and to state its views. If the employee so chooses, arepresentative of the Association may be present at Level One. The grievant may notelect to have anyone other than the exclusive bargaining representative present or torepresent him/her during the grievance/arbitration procedure without the express writtenconsent of the Association. The Association must be notified of the outcome of anyLevel One grievance at which an Association representative is not present.

S e c t i o n 7No written communication or record relating to any grievance shall be filed in the

personnel file maintained by the School Department of the Town of Needham for anyemployee involved in presenting such grievance.

S e c t i o n 8Since it is important that grievances be processed as rapidly as possible, the

number of days indicated at each level should be considered as maximum, and everyeffort should be made to expedite the process. For grievances and arbitration timelimits, "days" shall be defined as days within the work year for employees. The timelimits specified may be extended only by mutual written agreement. It is understoodand agreed that no grievance, dispute, misunderstanding, or difference between the

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parties arising out of the acts which occurred prior to the execution of this Agreementshall be submitted to the Committee under the provisions of this Article. It is understoodthat any grievances pending at the conclusion of the Contract will remain operative inthe subsequent contract period unless settled in negotiations. An employee maycontact the Association at any time prior to or during the grievance procedure.

A R T I C L E 6A R B I T R A T I O N

S e c t i o n 1In the event either party elects to submit a grievance to arbitration, the arbitrator

shall be selected according to and governed by the following procedure:The arbitrator is to be mutually selected by the Committee and the Association. If theCommittee and the Association cannot agree within seven (7) days after the writtennotice specified above of the intention to arbitrate, then the party demanding arbitrationshall, within three (3) work days thereafter, request the American Arbitration Associationto provide a panel of arbitrators. Said arbitrator is then to be selected under theprovisions of the Voluntary Labor Arbitration Rules.

S e c t i o n 2The fees of the American Arbitration Association and of the arbitrators and the

expenses of any required hearings shall be shared equally by the Committee and theAssociation, but each party shall bear the expenses of its representatives, participants,witnesses, and for the preparation and representation of its own case.

S e c t i o n 3The arbitrator's award shall be in writing and shall set forth his/her findings of fact

with reasoning and conclusions. He/She shall arrive at his/her decision solely on thefacts, evidence, and contentions presented by the parties through the arbitrationproceedings. The arbitrator shall have no power to add to, subtract from, or modify anyof the tenns of this Agreement, and in reaching his/her decision shall interpret theAgreement in accordance with the commonly accepted meaning of words used hereinand the principle that there are no restrictions intended on the rights or authority of theSuperintendent/Committee other than those expressly set forth herein. Subject to theforegoing, the decision of the arbitrator shall be submitted to the School Committee andthe Association and shall be final and binding upon the Committee and the Association,and the employee, or group of employees, who initiated the grievance.

A R T I C L E 7P E R F O R M A N C E E V A L U A T I O N

S e c t i o n 1A performance evaluation procedure shall be maintained which is reasonably

related to the Unit C staff member's job duties and/or performance.

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S e c t i o n 2The evaluation period shall be the applicable school year. Interim evaluations

may be performed at the discretion of the evaluator.

S e c t i o n 3The evaluator will be the supervising teacher or administrator.

S e c t i o n 4The evaluatee will receive a copy of each evaluation for his/her signature. The

employee's signature does not constitute affirmation of the contents of the evaluation,but only that the appropriate process has been followed. The evaluatee shall beallowed to submit written comment to the evaluation within (10) days of receipt of thee v a l u a t i o n .

S e c t i o n 5Should the evaluatee fail to meet the required standard of performance,

disciplinary action may occur.

S e c t i o n 6Convene a committee to evaluate the efficacy of the Unit C evaluation

instrument. Specifically address the following:

a. Understand how the instrument works to improve underperforming TeachingA s s i s t a n t s .

b. Evaluate the efficacy of the rating scale.

A R T I C L E 8M I S C E L L A N E O U S L E A V E S

S e c t i o n 1 - B e r e a v e m e n t L e a v e

With the approval of the Superintendent of Schools, an employee will be allowedup to five (5) workdays without loss of pay in each case of death in the immediatefamily. The bereavement days must be taken within 60 calendar days of the death andif not taken consecutively, the days may only be taken in two (2) groups (i.e., either 2days and 3 days or 4 days and 1 day).

The term "immediate family" includes the employee's spouse, child, father,mother, brother, sister, grandparent, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law, or other person for whom the employee has primary responsibility forfuneral arrangements.

The Superintendent may grant additional leave at his/her sole discretion uponrequest in those circumstances which he/she deems appropriate.

An absence of two (2) days may be granted in such cases with respect to thedeath of the grandparents or sibling of his/her spouse or a permanent member of theemployee's household. The Superintendent may grant time off at his/her sole discretionwith pay for an employee to attend services with respect to the death of any other familym e m b e r .

These provisions shall be administered in the light of their purpose, which is toprovide opportunity, when needed, to enable an employee to attend the funeral or to

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attend to family or personal matters arising as a result of the death, and shall not becharged against sick leave.

Section 2 - Leave of AbsenceRequests for unpaid leave during the school year should be made only for good

and sufficient reason approved by the employee's supervisor and submitted to theSuperintendent for his/her decision. Unpaid leaves of absence will not be granted on anannual basis; therefore, requests for such leaves should be limited to extraordinarycircumstances (e.g., once-in-a-lifetime experience, but not strictly vacation or extensionof a vacation period).

Section 3 - Jury Duty LeaveAn employee who is required to serve on jury duty during the school year will be

paid full salary for the time served. Per diem compensation received by employees forjury duty on work days will be returned to the Town.

It is necessary to request a leave of absence for mandatory jury duty. Theemployee must state the duration of the jury duty in writing to the Director of HumanResources, with a copy to the Superintendent or designee.

Employees are requested to attempt to schedule jury duty, if possible, duringnon-schoo l t ime .

Section 4 - Personal DaysTwo days leave with pay may be granted each school year for imperative

personal business which could not effectively be conducted outside of school hours.Personal days not used may accumulate to a maximum of four (4) days at the beginningof any school year.

Requests for such leave must be submitted to the Director of Human Resourcesin writing as soon as possible and, whenever possible, not less then seventy-two (72)hours before the absence occurs .

In no event will this leave be granted so as to extend a holiday or vacation,except in the case of unforeseen circumstances when approved by the Director ofH u m a n R e s o u r c e s .

Section 5 - Parental LeaveThe School Committee agrees to provide parental leave consistent with the

Family Medical Leave Act. In the event that an employee who has completed three (3)full years of service in Needham desires a leave without pay longer than any leaverequired by statute, the following will apply;

a. The employee will notify the Superintendent no later than two (2) monthsprior to the effective date of the initial leave of his/her intention to take an extendedleave;

b. The employee is allowed take an extended leave beyond the statutoryleave provided such leave coincides with the school year (e.g., if the baby is born oradopted in February, the employee may take extended leave provided the leave is forthe remainder of that school year and, if requested, for the entire next school year);

c. The date of anticipated return will be established with the Superintendentat the time the leave commences;

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d. The employee must notify the Superintendent in writing by May 1 in thecalendar year in which the leave expires of the employee's intention to return inSeptember or the employee's intention to resign from the school system; failure tocomply with this requirement will be considered a resignation;

e. At the time of return, a doctor's certificate of good health must bepresented upon request.

in the event of the termination of a pregnancy or if an employee desires toterminate parental leave, the employee may make written application for reinstatementprior to the previously established date for the termination of the leave. Suchapplication shall be accompanied by a physician's statement of good health. Suchreinstatement will be granted by the School Committee in the case that an acceptablevacancy exists.

An employee returning from an extended leave (beyond the initial statutoryleave) will be placed on the next step of the salary schedule if actively employed by theNeedham Public Schools for at least one half of his/her most recent work year.

This Parental Leave provision shall apply to adoptive parents.

Section 6 - Military LeaveThe Committee will comply with all state and federal laws with respect to

mandatory military leave of absence. In such instances when an employee is requiredto perform active duty training during the work year, s/he will be paid the differencebetween his/her regular pay for a two-week period and his/her certified military pay(assuming the latter is less).

A R T I C L E 9S I C K L E A V E

Sick leave is granted when an employee is incapacitated from performance ofduties due to sickness or injury. Also, sick leave with pay shall be granted in the case ofa serious illness of a member of an individual's immediate family (spouse, child, parent)which requires the attention of the employee, not to exceed five (5) days of sick leavedays per year allocation, unless otherwise approved by the Superintendent of Schools.

S e c t i o n 1 - S i c k L e a v e A c c u m u l a t i o nEach employee scheduled for twenty hours or more per week is permitted sick

leave. Employees shall be granted twelve (12) days of sick leave, which will accruemonthly at 1.2 days per month. The days, if accrued, can be accumulated to amaximum of one hundred seventy-five (175) days.

The Superintendent of Schools may request an examination by the SchoolPhysician as to the necessity of any absence which exceeds three (3) days.

In any instance where the School Administration believes that such leave isbeing abused or used for purposes other than those for which it was intended, theemployee will be notified, and pay for the day or days involved will be withheld. If theemployee maintains that the Administration's decision is incorrect, the matter may bepresented through the grievance procedure and arbitration.

Sick leave is not a bonus and is only intended for the unforeseen circumstancesset forth above. Accordingly, employees whose services are terminated throughresignation, dismissal, retirement, or death shall not be entitled to additional salary orwages in lieu of any sick leave not taken (except as otherwise provided by Article 10 of

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this Agreement), nor may such unused sick leave be transferred to the account of anyother employee.

When a person enters the employ of the Needham Public Schools, if eligible,he/she will receive one day of sick leave per month for the first three months. After thefirst three months of employment, the employee shall receive the balance of the annualallotment for the remainder of the work year (July 1 through June 30) and the fullcomplement on each July 1 thereafter.

Part-time employees working less than twenty hours per week are not entitled topaid sick leave.

S e c t i o n 2 - E x t e n d e d P e r s o n a l I l l n e s s

Any employee whose personal illness extends beyond the period compensatedfor above may be granted a leave of absence without pay or increment for up to aperiod of one (1) year. Thereafter such leaves shall be subject to annual review.

Section 3 • Extended Family IllnessA leave of absence without pay or increment of up to one (1) year may be

granted at the discretion of the Superintendent for the purpose of caring for a memberof the employee's immediate family or person for whom the employee has primaryresponsibilities who is seriously ill.

A R T I C L E 1 0S I C K L E AV E B U Y B A C K P O L I C Y

Employees with ten (10) years of service in the Needham Public Schools mayobtain an increase in compensation in the final year of work by adhering to the followingestablished procedure.

An eligible employee who desires to participate in this program will notify theSuperintendent of his/her intent to retire at least six months before the day on whichhe/she plans to retire. If such notice is given then, at the beginning of the employee'sfinal year of work, all accumulated sick leave up to one-hundred and sixty (160) dayswill be eliminated from the record, with the exception of the last year's allotment, and, inl ieu thereof:

a. A "Buy Back" payment would be issued as a lump sum at the termination ofemployment or, at the Committee's option in the following fiscal year, according to thefollowing sick leave surrender policy:

Y e a r s o f S e r v i c e M a x i m u m N u m b e r o f D a y s1 0 o r m o r e 1 6 0

b. Any unused days accumulated from the last year's sick day allotment will beincluded in the final paycheck due the employee.

In the event that the individual fails to retire under the provisions of the act on thedate stated in his/her notice submitted to the Superintendent (unless prevented fromdoing so by death), she/he will agree in writing to repay the Town of Needham thedifference between the salary which was actually received under the provisions of thiss e c t i o n a n d t h a t w h i c h h e / s h e w o u l d h a v e r e c e i v e d h a d h e / s h e n o t s u b m i t t e d t h eintention to retire, said amount to be deducted from his/her paychecks.

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In the event that an employee who has elected to participate in the "Buy Back"plan suffers an unanticipated, serious illness or injury during his/her final year of workwhich results in a substantial absence and exhaustion of his/her sick leave for that year,the School Committee will consider a request from the employee for additional sickleave up to the amount surrendered in the prior year, if the employee agrees to paydeductions of thirty ($30) dollars for each additional sick day so granted. Should anemployee with long service be forced to retire because of a personal emergencysituation, a request for "buy back" will be considered.

For employees hired prior to July 1, 2008, the rate of "buy back" shall be thirty($30) dollars per seven-hour (7) day (total hours accrued divided by seven (7) hours,multiplied by thirty ($30) dollars).

For employees hired on or after July 1, 2008, the rate of "buy back" shall be thirty($30) dollars per six and one half (6.5) day (total hours accrued divided by six and onehalf (6.5) hours, multiplied by thirty ($30) dollars).

In the event of permanent disability or death of an employee who has worked inthe Needham Public School for ten or more years, the benefits of this article will be paidto the employee or his/her beneficiary.

A R T I C L E 11S I C K L E A V E B A N K

S e c t i o n 1A Sick Leave Bank is established for use by qualified members of this

professional staff who have exhausted their own sick leave and who are seriously ill.The purpose of the Sick Leave Bank will be to provide its members sick leave with payfor periods of disability resulting from illness, accident, or injury. In order to be eligiblefor a grant from the Sick Leave Bank, Sick Leave Bank participants must intend toreturn to regular duties.

S e c t i o n 2Each member of the bargaining unit has contributed one sick day of personal

accumulation to fund the Bank, to be maintained year to year until exhausted. Whenexhausted, the Bank shall be renewed by the contribution of one additional day by eachmember of the bargaining unit. All new members hired into the bargaining unit shallcontribute one sick day at the end of their first year of employment. If no balanceremains in the employees account at the end of the first year, one day will be deductedfrom the first pay period of the following school year.

S e c t i o n 3The initial grant of sick leave by the Bank Committee shall not exceed thirty

(30) days.

S e c t i o n 4Upon completion of the thirty (30) day period, additional entitlement may be

extended by the Sick Leave Bank Committee upon demonstration of need by theapplicant.

S e c t i o n 5

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Any sick leave granted under the provisions of this Section shall expire at the endof the applicable school year.

S e c t t o n 6The Sick Leave Bank shall be administered by a Sick Leave Bank Committee

consisting of five (5) members. Two (2) members shall be designated by the SchoolCommittee to serve at its discretion, and tw/o (2) members shall be designated by theAssociation. The fifth member shall be selected by the NEA or NSC on an alternatingbasis and shall vote only to break ties. For the 2017-2018 year, the NEA will choosethe fifth person whereas in 2018-2019, the choice will be that of the NSC. The NEA willchoose the fifth person in the 2019-2020 school year. The Sick Leave Bank shalldetermine the eligibility for the use of the Bank and the amount of leave to be granted.The following criteria shall be used by the Committee in administering the Bank anddetermining eligibility and amount of leave:

a. Adequate medical evidence of serious illness;b. Prior utilization of all eligible sick leave;c. Length of service in the Needham School Systemd. Use of previous sick leave and personal leave.

No days may be withdrawn from the Sick Leave Bank for use for any illness other thanprolonged illness. Days may not be withdrawn to permit the individual to stay at hometo care for other members of the family.

S e c t i o n 7The purpose of the sick leave bank is not intended to serve as a disability policy.

Unit C members are encouraged to consider options as outlined in Article 23, section 4,or other private short and long-term disability policies.

S e c t i o n 8The decision of the Sick Leave Bank Committee with respect to eligibility and

entitlement shall be final and binding and not subject to appeal.

S e c t i o n 9The member, or if the member is too disabled the NEA, must apply in writing for

benefits. A Certificate of Health Care Provider form completed and signed by thelicensed physician indicating that he/she is suffering a serious illness that requiresfurther absence from work must accompany the application for benefits.

A R T I C L E 1 2L O N G E V I T Y

Section 1 - Full-Time Employees (32.5 hours per week or more)Full-time employees will receive longevity payments as follows:

A f t e r 5 y e a r s $ 4 5 0A f t e r 1 0 y e a r s $ 6 5 0A f t e r 1 5 y e a r s $ 9 0 0A f t e r 2 0 y e a r s $ 11 5 0

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Section 2 - Part-Time EmployeesPart-time employees who work twenty (20) hours or more but less than thirty-two

and one-half (32.5) hours per week if hired on or after July 1, 2008 will receive longevitypayments, prorated based on the percentage of full-time hours worked beginning in the2017-2018 school year.

Section 3 - Method of PaymentLongevity payments will be issued during the first week of each September.

Therefore, any employee entitled to a longevity payment will receive a check for theyear (January 1 through December 31) in September. Any increase in longevitypayment will also be paid in September of the year in which it occurs.

Section 4 - Timing of PaymentsLongevity Payments are made in September following the conclusion of five (5),

ten (10), fifteen (15) and twenty (20) years of service.

A R T I C L E 1 3H O L I D A Y S

The following holidays shall be recognized as paid holidays when these holidaysfall within the employees' regular work year. Employees who are out of work on unpaidabsence either the workday immediately before or immediately after the holiday are noteligible for holiday pay.

Columbus Day, Veteran's Day, Thanksgiving Day, Day after Thanksgiving, ChristmasDay, New Year's Day, Martin Luther King Day, President's Day, Patriot's Day, andMemorial Day

Beginning in 2018-2019 school year, in any year in which staff are required toreport to work prior to Labor Day, Unit C employees will be paid for the holiday of LaborDay.

A R T I C L E 1 4V A C A T I O N D A Y S

S e c t i o n 1Vacation days are earned on the day the vacation is assigned as articulated in

Sect ion 2.

S e c t i o n 2Each employee scheduled for twenty hours or more per week will be paid a total

of 8.5 vacation days in the 2017-2018 school year, 8.5 vacation days in the 2018-2019school year, and 9.5 vacation days in the 2019-2020 school year. All vacation daysmust be taken during designated school vacation weeks. For the 2017-2018 and 2018-2019 school years, 4 vacation days will be paid in December, 2.5 vacation days duringthe February vacation and 2 vacation days during the April vacation week. For the2019-2020 school year, 4 vacation days will be paid in December, 3 vacation daysduring the February vacation and 2.5 vacation days during the April vacation week."Days" are equal to one-fifth (1/5) of the employee's regularly-scheduled workweek.

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A R T I C L E 1 5C O N D I T I O N S O F W O R K

S e c t i o n 1

The workday for Unit C members is as follows;

H i r e d B e f o r e

July I, 2008Hired on or after

July 1, 2008Elementary 7 hours 30 minutes, including a 30

minute paid lunch7 hours plus a 30 minute non-paid lunch

M i d d l e 7 hours 10 minutes, including a 30minute paid lunch

6 hours 40 minutes plus a 30minute non-paid (unch

High 7 hours, including a 30 minute paidl u n c h

6 hours 30 minutes plus a 30minute non-paid lunch

S e c t i o n 2

The work year for employees in Categories 1, 2, 3a, 5 and 6 shall be 183 paiddays; Category 3b,191 paid days; and Category 4, 193 paid days including the daybefore school opens and one professional day. Specific hours for these positions aredetailed in the salary scales on pages 23-25.

S e c t i o n 3The Committee will notify the bargaining unit members, whenever possible, of

their non-reappointment for the following year by the preceding June 30th.

S e c t i o n 4It is the responsibility of the principal in each school to ensure that the

requirements of an Individualized Education Plan (lEP) are met. Therefore, a teachingassistant may be reassigned to another duty only with the knowledge of the principaland shall not be held responsible for the requirements of the lEP.

S e c t i o n 5While every effort will be made to find substitute coverage for classrooms without

using classroom assistants, if K-5 teaching assistants are required to substitute teach aclassroom they will be paid $35.00 for a full day and $17.50 for a half-day. This will beeffective in the 2017-2018 school year, beginning on January 1 of each fiscal year.

S e c t i o n 6A new employee must serve a probationary period of ninety (90) workdays.

Discharge during the probationary period is not subject to the grievance and arbitrationprocedure.

S e c t i o n 7Any paraprofessional hired prior to July 30, 2008 who is scheduled to work more

than four hours per day shall receive a thirty minute duty-free lunch break normallyscheduled within thirty minutes before, during, or thirty minutes after the lunch breaksfor students. Unit C members hired on or after July 1, 2008 will receive a thirty-minute,

1 6

unpaid, duty-free lunch scheduled within thirty minutes before or after the lunch breaksfor s tudents .

S e c t i o n 8

Teaching assistants must be "Highly Qualified" under the No Child Left BehindLegislation upon hire.

S e c t i o n 9The NEA will meet with the Superintendent twice a year to discuss minimizing

the use of teaching assistants to cover classrooms in the absence of the regular teacheror substitute. The first meeting will occur before November 1, 2008 to discuss the issueand plans to address it. A second meeting will be held before May 1, 2009 to discussdata for the current year. Meetings will be held In the fall and spring each yearthe rea f t e r.

S e c t i o n 1 0Teaching assistants will have biweekly meetings during the school year to

collaborate, share ideas, problem solve and meet together. The meetings will have anagenda and minutes will be led by an administrator or special education liaison.

S e c t i o n 11The Committee may require a teaching assistant assigned to a district

specialized program and those assigned to a specific student to work up to three (3)extra days for the purpose of professional development. In the event a teachingassistant will be required to work, the committee will give such teaching assistant noticeother than newly hired teaching assistants no later than January 1 of each year, Ateaching assistant working extra days will receive his or her hourly rate as assigned inthat fiscal year. Absences will be excused only in a case of unforeseeablecircumstances which create unreasonable hardship. The following Teaching Assistantsmay be included;

a . P r e s c h o o l E L Cb. High Rock Insight and Intensive Programsc . N e w m a n E L Cd . H i l l s i d e E L Ce. Pollard Bridges and insight Programsf. Therapeutic Programs K-12g. NHS Insight, Skills and Post Graduate and Foundations Programsh. Those assigned to work with a specific student

The summer training will be held in August and no sooner than the conclusion of theNPS special education summer programs.

S e c t i o n 1 2The Committee will continue to work to phase-out paper time record-keeping

methods. Paper records will be replaced by an electronic time record-keeping system.

17

A R T I C L E 1 6R E D U C T I O N I N F O R C E

In the event that it Is necessary to reduce the number of Unit 0 staff, staff whoare subject to lay-off and have been employed for at least five (5) years may beassigned to and/or granted an interview for other positions within their category forwhich they are qualified.

A R T I C L E 1 7H E A LT H A N D S A F E T Y

The Committee will strive to provide staff with safe and healthful workingc o n d i t i o n s .

A R T I C L E 1 8PROFESSIONAL DEVELOPMENT

S e c t i o n 1Bargaining unit members are eligible to participate in staff development program

activities. They may also be granted permission to attend workshops and/orconferences outside the system at the discretion of the immediate supervisor.Expenses associated with such activities will be reimbursed at the discretion of thesupervisor to the extent that budgets permit.

S e c t i o n 2All employees will participate In at least six hours of professional development

related to the position in which they work. The six hours will take place during the workyear and will be provided by the appropriate administrators. The administrators willconsider input from employees in determining the topics for these sessions.

S e c t i o n 3To meet specific students needs in the district, teaching assistants In Unit C who

obtain Board Certification as an Assistant Behavior Analyst (BCaBA) through anaccredited program will be compensated with a one-time payment of $1000 uponsuccessful completion and proof of Board Certification. To be eligible for this payment,any teaching assistant who is contemplating certification as a BCaBA must first obtainprior written approval from the Director of Special Education and the Director of HumanR e s o u r c e s p r i o r t o b e g i n n i n g t h e B C a B A p r o g r a m .

A R T I C L E 1 9RELIGIOUS HOLIDAYS

Insofar as the Needham School Committee's policies permit staff to be absentfrom work for religious reasons, bargaining unit members who are required to be absentfrom work for religious reasons will be so permitted to use a personal day or take theday without pay. Requests for such absence shall be submitted In writing In advance tothe immediate supervisor.

18

A R T I C L E 2 0P E R S O N N E L F I L E S

An employee has the right, upon request, to review the contents of his/herpersonnel file. Nothing of a derogatory nature should be placed in a personnel filewithout a copy going to the employee.

Any complaint regarding an employee from a parent, student, or other personrequiring administrative action shall be promptly called to the attention of the employeebefore any administrative action is taken. This section will not be construed to preventthe administration from conducting an investigation before the complaint is brought tothe attention of the employee.

In the course of reprimand or discipline by a member of the administration, theemployee may request that a representative of the Association be present.

A R T I C L E 2 1J U S T C A U S E

The Committee will not discipline or discharge employees without just cause.

A R T I C L E 2 2B E N E F I T S

S e c t i o n 1 - I n s u r a n c eAs long as the Town of Needham agrees to pay a portion of the health and life

insurance program currently in effect for employees working more than twenty (20)hours per week, the School Committee will certify deductions from the payroll checks forparticipating members upon receipt of a proper authorization.

In the event the Town of Needham modifies its insurance plan, similararrangements or amendments to payroll deductions will be made available toemployees in the unit.

The HMO plans available to employees on July 1, 2011 are the so-called RateSaver Plans provided through West Suburban Health Group and are in effect as of July1 , 2 0 11 .

S e c t i o n 2 - Ta x S h e l t e r e d A n n u i t i e sa. In order to provide for a non-forfeitable tax sheltered annuity payable upon

retirement or termination of employment, an employee working more than twenty (20)hours per week may contract with the Committee pursuant to the General Laws ofMassachusetts for the purchase of such annuity as part of his or her employmentcompensation.

b. Such contract shall specify the premiums to be paid toward the annuity andthe benefits payable thereunder.

c. Initiation of a tax sheltered annuities program may be made at any time duringthe year.

d. Premiums for such annuities shall be paid promptly.

1 9

Section 3 - Workers' CompensationWorkers' Compensation is provided to employees through the Town of

Needham. In case of injury, the employee must notify the immediate supervisor andcomplete all required documentation in a timely fashion as required by law.

An employee on Workers' Compensation may elect to receive sick leavepayments to the extent permitted by the General laws in Chapter 152, Section 69,whereby such payments will be charged against accumulated sick leave and theamount, when added to Workers' Compensation benefits, does not exceed his/her fullsalary or wages.

Section 4- Payroll Deduction SlotThe Town of Needham will assign a payroll deduction slot for employees to

participate in the Massachusetts Teachers Association's disability insurance plan. TheNEA will provide the premium amounts of the plan, along with deduction authorizations,for those employees who are eligible for and wish to participate in the plan.

A R T I C L E 2 3S A V I N G S C L A U S E

if any provision of this Agreement or any application of this Agreement is heldcontrary to law, then such provision shall not be deemed valid. Ail other provisions shallcontinue in full force and effect.

A R T I C L E 2 4S A L A R I E S

Sec t i on 1Salaries for bargaining unit members shall be increased as follows.

The salaries for all categories and steps shall be increased by.75% and add onevacation day on July 1, 2017.

The salaries for all categories and steps shall be increased by .5% andrecalibrate ASA step one on the salary scale, on July 1, 2018.

The salaries for all categories and steps shall be increased by 1%; and add oneadditional vacation day on July 1, 2019.

S e c t i o n 2 - T r a v e l R e i m b u r s e m e n tEmployees who are required to use their vehicles in the performance of their

duties shall receive reimbursement for mileage at the rate approved for other Townemployees so long as they submit such mileage on a form approved by the Committee.Employees should submit these forms on a quarterly basis, with the final report due nolater than June 30.

2 0

S e c t i o n 3 - P r o m o t i o n a l Va c a n c i e sWhen an employee is promoted into a higher-paid classification, that employee

will be placed on the step in the higher-paid classification that provides an increase ofno less than $.25 per hour.

Section 4 - ResignationsEmployees will provide the Superintendent with thirty days' written notice of

r e s i g n a t i o n w h e n l e a v i n g t h e e m p l o y o f t h e N e e d h a m P u b l i c S c h o o l s .

A R T I C L E 2 5D I R E C T D E P O S I T

All unit 0 members will be required to utilize direct deposit beginning in the FY 18 year.The Town reserves the right to discontinue the practice of issuing a paper pay stub atany time.

A R T I C L E 2 6S C O P E O F A G R E E M E N T

S e c t i o n 1This agreement constitutes the entire Agreement of the Committee and the

Association arrived at as a result of collective bargaining negotiations, except suchamendments hereto as shall be reduced to writing and signed by the parties.

S e c t i o n 2The parties acknowledge that during the negotiations which resulted in this

Agreement, each had the unlimited right and opportunity to make demands with respectto any subject or matter not removed by law from the area of collective bargaining andthat the understandings and agreements arrived at by the parties after the exercise ofthat right and opportunity are set forth in this Agreement. Therefore, the Committee andthe Association for the life of this Agreement each voluntarily and unqualifiedly waivesthe right and each agrees that the other shall not be obligated to bargain collectivelywith respect to any subject or matter referred to or covered in this Agreement.

A R T I C L E 2 7D U R A T I O N

This Agreement shall become effective upon ratification by the Association andapproval by the Committee. The contract shall remain in full force and effect until June30, 2020.

This is a complete Agreement between the parties covering the period from July1, 2017, to June 30, 2020.

21

IN WITNESS WHEREOF, the parties have affixed the signatures of the duly authorizedrepresentatives on this seventeenth day of October 2017,

N E E D H A M S C H O O L C O M M I T T E E

i m -idi Black, Chaic

i ^ j n lDate Signed by the Chair

/C

NEEDHAM>€pUCATION^UCAT C I AT I O N

Aaron Pressman, Vicefifiair1 l a i i -

n ■Michael Greis, Chair, Si!ft Committee/Negotiations Marcy Spink

Connie Barr, Vice hair, Sub Committee/Negotiations— - '

Michael Hirsh, President

0 ^ V \ ^ /2 > 1Date Signed by the President

tAhl/A ^ VAAAPX }Caren Firger, Vice President for Negotiationr \ '

^Susan Kalish

Andrea Longo Ca Sannie Rejndrup

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P R O C E D U R E F O R U N I T C E V A L U A T I O N

1. A copy of the Evaluation Tool should be disseminated to all special education liaisons, generaleducation teachers and Unit C employees at the start of the school year.

2. The Tool and this PROCEDURE should be reviewed with all Unit C employees as soon as possible,prior to October 1. A building-based special education administrator should lead this meeting.

3. As per the current Unit C contract, a "supervising teacher or administrator" may do the evaluation.The following are the designated evaluators in each school:

■ Elementary and High Rock - Special Education Coordinator■ Pollard and High School - Special Education Liaison is the primary supervisor. The building-

based special education administrator signs off on all evaluations. If there are Unit C staffmembers who need extra supervisory input, the Administrator should be asked to provide thesupervision and evaluation of that Unit C member by the Liaison■ The Pollard and High School Special Education Administrators will provide an optional I hourtraining session with the Liaisons prior to October 1 to review the observation, supervision andevaluation process

3. The Tool can be used by Unit C employees to set goals for the school year.

4. For returning Unit C employees, the supervising teacher or administrator should review the prioryear's end-of-year evaluation for suggestions on goal setting.5. The evaluator should provide a minimum of two brief (at least 10 minutes in length) observationsper year, one of them occurring prior to the mid-year meeting, which should occur prior to theThanksgiving break. The two observations should be followed with in-person and written feedback within5 days of the observation.

5. End of year Evaluation deadline for Unit C members is May I5'\ The original, final signedEvaluation should be sent to the Human Resources Office by May 16"".

6. The Evaluation will be signed by the Special Education Coordinator at the Elementary level, thePreschool Director at the Preschool, and co-signed by the Special Education Coordinator at Pollard andby the Special Education Director at the High School.7. The Evaluation Tool may be used as an "information gathering" tool with classroom and specialeducation teachers. The supervising teacher or administrator may request input from the teachers whodirect and partner with the Unit C employee prior to completing the evaluation tool and meeting with theUnit C employee.

Developed May 2014Needham Public Schools

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N m c m b e r :

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