AGREEMENT. Between THE HOLYOKE SCHOOL COMMITTEE. and THE HOLYOKE PARAPROFESSIONALS ASSOCIATION

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1 AGREEMENT Between THE HOLYOKE SCHOOL COMMITTEE and THE HOLYOKE PARAPROFESSIONALS ASSOCIATION July 1, 2013 to June 30, 2014

2 TABLE OF CONTENTS TITLE ARTICLE PAGE ADDITIONAL FRINGE BENEFITS XIV 20 AGENCY SERVICE FEE IA 1 APPENDIX A 31 APPENDIX B 32 ASSIGNMENTS X 13 COMPENSATION VII 10 DEDUCTIONS XIII 20 DURATION XXV 29 EVALUATION PROCEDURE VIII 10 EXPRESS WAIVER CLAUSE GENERAL XV 21 GRIEVANCE PROCEDURE V 4 HOLIDAYS XVIII 24 LEAVES XII 14 LONGEVITY PAy XXII 28 MANAGEMENT'S RIGHTS NO-STRIKE IV 4 NON-DISCRIMINATION CLAUSE XVI 22 NOTICE OF RESIGNATION XVII 24 PARAPROFESSIONAL DEVELOPMENT XXI 27 POSITIONS IN SUMMER SCHOOL XI 14 RECOGNITION REDUCTION IN FORCE XIX 25 SENIORITY XX 26 ii

3 SEVERANCE BENEFIT XXIV 28 TRAINING XXVII 30 TRANSFERS AND VACANCiES IX 12 TRAVEL REIMBURSEMENT XXVI 29 WORK YEAR AND WORK DAY VI 8 WORKERS/SAFETY POLiCy XXIII

4 IV

5 ARTICLE I RECOGNITION The Holyoke School Committee (hereinafter referred to as the "Committee" or the "Employer') recognizes the Holyoke Paraprofessionals Association/Massachusetts Teachers Association/National Education Association (hereinafter referred to as the "Association" or the "Employee") as the exclusive bargaining agent for the purpose of collective bargaining as defined in Chapter 150E of the General Laws of the Commonwealth. The collective bargaining unit shall consist of: Instructional Paraprofessionals, Special Needs Paraprofessionals, and Outreach Workers employed in the Holyoke School System, except those employees specifically excluded. Those employees specifically excluded are: all other employees of the Holyoke School Department. ARTICLE IA AGENCY SERVICE FEE a. In accordance with Chapter 1078 of the Acts of 1973 (M.G.L.A. c. 150E 12), effective thirty (30) days after the signing date of this Agreement, it shall be a condition of employment that all permanent employees in the bargaining unit who are not members of the Union and who have been employed for thirty (30) days or more shall pay to the Union an Agency Service Fee. b. Such fee shall be paid weekly commensurate with the periodic dues charged by Holyoke Paraprofessionals Association to its members. The fee may be paid by payroll deduction, if authorized by the employee on the appropriate form. The City Treasurer shall deduct the said dues and transmit such sums so deducted to the Treasurer of the Association in accordance with the requirement of Chapter 180, Section 17G of the General Laws. c. The Union will indemnify, defend and hold the Committee and City harmless against any and all claims made and against any suit instituted against the Committee and / or City on account of any check-off of Union dues or Agency Service Fee provision. 1

6 d. The Union agrees to refund to the school any amount paid to it in error on account of the check-off and Agency Service Fee provision upon presentation of proper evidence thereof. e. Upon request to the Association, the Superintendent as agent of the School Committee shall suspend for five (5) school days without gross any member of the bargaining unit who, after proper annual notice and annual final demand has refused to pay the Agency Service Fee. Within fifteen (15) days of receipt of such request, accompanied by annual notice and annual final demand, the Superintendent shall notify the Association and the individual bargaining unit members whose names appear on such request when, specifically, during the thirty (30) school days following receipt of such request that the five (5) day suspension without gross pay referenced herein-above shall occur. The five (5) school days gross salary shall first be used to pay the cost of a substitute, if one is provided, and the remainder shall be given over to a scholarship fund benefiting the youth of Holyoke designated by the School Committee (such organization to be in compliance with Section 501 (3) (C) of the IRS code). f. The Union certifies that this collective bargaining Agreement is formally executed pursuant to a vote of a majority of all employees in the bargaining unit present and voting. ARTICLE II EXPRESS WAIVER CLAUSE The Committee and the Association expressly waive any right to re-open this Agreement or negotiations during this term on any matter or subject, whether or not covered by the provisions of this Agreement, including any demands made by the Committee or the Association during the negotiations which have been withdrawn by the Committee and the Association in full settlement on the terms and provisions of this 2

7 Agreement. Provided, however, the Parties may, upon mutual agreement, amend this agreement at any time. ARTICLE III MANAGEMENT'S RIGHTS A. Except as specifically abridged, delegated, granted or modified, by this Contract, or any supplement thereto, or by Chapter 150E of the General Laws of Massachusetts, all of the rights, powers and authority held by the School Committee and their agents as required by law, prior to the effective date of said Contract, and all rights and powers vested by law are retained by the School Committee and their agents as required by law and exercise of said rights, powers and/or authority, shall not be subject to the grievance procedure and/or arbitration. B. The Parties agree that the operation of the School Department of the City of Holyoke, the supervision of the employees and of their work, are the rights of the Committee alone. Accordingly, subject to the provisions of this Agreement, the making of reasonable rules to assure orderly and effective work; to determine the quantity and types of equipment to be used; to introduce new methods and facilities; the making of work schedules; the determination of what and where duties will be performed, and of employees' competency; the hiring, transfer, promotion, demotion, lay-off, recall, discipline or discharge of employees for just cause, without discrimination, are exclusive rights of the Committee. Consistent with Chapter 150E of the General Laws the right to discuss terms and conditions of employment with the employees and to inform them concerning employment matters remains exclusive rights of the Committee. 3

8 ARTICLE IV NO-STRIKE During the terms of this Agreement, the Parties hereto agree that there shall be no strikes of any kind whatsoever, work stoppages, slowdowns, withholding of services, or interferences or employees or the Association. interruption of the operations of the School Department by any Nor shall there be any strike, interruption of work during the term of this Agreement because of any disputes or disagreements between any other persons (or other Employers or Associations) who are not signatory Parties to this Agreement. Employees who violate this provision shall be subject to disciplinary action, including discharge, and any claim by either Party against the other of a violation of this Article shall be subject to arbitration as provided for on Page 4 of this Agreement. ARTICLE V GRIEVANCE PROCEDURE SECTION I - The purpose of this Article is to provide an orderly method for the settlement of a dispute between the Parties over the interpretation, application, or claimed violation of any of the provisions of this Agreement. Such a dispute shall be defined as a grievance under this Agreement and must be presented in writing within fifteen (15) calendar days after the dispute was known or should have been known and must be processed in accordance with the following steps, time limits, and conditions herein set forth. LEVEL I - The employee shall first take up his/her grievance with his/her immediate supervisor, building principal or principal's designee; and, if the aggrieved employee requests, the Association shall be given an opportunity to be present at a time to be fixed by the immediate supervisor. Such a meeting will normally take place within ten (10) working days. If the grievance is not settled, it shall, within five (5) working days thereafter, be answered in writing. 4

9 If, in the judgment of the Association, a grievance affects more than one (1) employee, it may initiate a class action grievance at LEVEL II of the grievance procedure. Said class action must be presented by written notice to the Superintendent of Schools fifteen (15) calendar days after the grievance was known or should have been known. Such notice will identify the size and scope of the class in an appropriate description. Should additional individuals, unknown to the Association at the time of submission, be identified over the course of the grievance procedure the initial listing will be updated at Level III. LEVEL II - If the grievance is not settled at LEVEL I, the Association may appeal it by giving a written notice of such appeal, within five (5) working days after receipt of the immediate supervisor's written answer, to the Superintendent of Schools, or his/her designee, who shall discuss it with the Association within ten (10) working days of presentment. The Superintendent or his/her designated representative shall give his/her written answer to the grievance within five (5) working days after the close of the discussion. LEVEL III - If the grievance is not settled in LEVEL II, the Association may appeal it by giving written notice of such appeal, within seven (7) working days after receipt of the Superintendent or his/her designated representative's answer, to the School Committee, who shall discuss it with the Association at a time to be fixed by the School Committee, but normally no later than thirty (30) calendar days from receipt of the Association's written notice of appeal. The School Committee shall give its written answer to the grievance within ten (10) working days after the close of the discussion. LEVEL IV - If the grievance is not settled at LEVEL III, it may be appealed to arbitration by a written notice of such appeal given by the Association to the School 5

10 Committee within ten (10) working days after receipt of the written answer School Committee, in accordance with Section III herein. SECTION II - The Parties agree to follow each of the foregoing steps in the processing of the grievance and if, at any step, the School Committee's representative fails to give his/her written answer within time limits therein set forth, the Association may appeal the grievance to the next step at the expiration of such time limit. The settlement of a grievance in any case shall not be made retroactive for a period exceeding twenty (20) working days prior to the date the grievance was 'first presented in writing. If the School Committee claims that the Association has violated any provisions of this Agreement, it may present such claim to the Association in writing; and, if the parties fail to settle it, the School Committee may appeal it to arbitration, in accordance with the arbitration clause hereinafter set forth. SECTION III -If the dispute or grievance is not settled in the foregoing steps and it involves interpretation, application, or claimed violation of any provision of this Agreement, then either party may, upon written demand given to the other party, within ten (10) working days (after the School Committee's answer in Level III or the Association's answer to the School Committee's claim of violation of the No-Strike Pledge), submit said dispute or grievance to arbitration as follows: 1. The parties agree for the duration of this Agreement to select an arbitrator from the following panel of arbitrators. The selection of an arbitrator shall be on a rotating basis, following the sequence listed: 1. Timothy Bornstein 3. Paul Dorr 2. Garry Wooters 4. Philip Dunn If a member of the panel, whose turn it is to serve is not available to hear the case promptly, the member of the panel next in sequence will be contacted and 6

11 so on until an arbitrator is selected who can hear the case promptly. Once a member of the panel has been selected and arbitrates a problem, that arbitrator will then go to the end of the sequence list and the above process will be repeated for any subsequent problems submitted to arbitration. 2. The Arbitrator chosen under the aforementioned rules shall not have the authority to add to, subtract from, modify, change or alter any of the provisions of this Agreement. The Arbitrator shall decide the dispute and render his award, and the Arbitrators award shall be final and binding on the parties. Each party shall bear the expense of its representatives and witnesses; and the fees and expenses of the arbitrator shall be borne equally by the parties. 3. If the School Committee claims the Association has violated any provision of the Agreement, it may present such claim to the Association in writing and if the parties fail to settle it within ten (10) calendar days, the School Committee may submit the problem to arbitration under the provision of this Article. 4. The parties agree, that pending the raising, processing, and settlement of a grievance, during the term of this Agreement, there shall be no slowdowns, stoppages, or other interference's with work or school operations as provided for in Article V of this Agreement. SECTION IV General Provisions 1. Provided the parties agree, Level I may be bypassed and the grievance brought directly to Levell!. 2. No reprisals of any kind will be taken by either party because of their participation in this Grievance Procedure. 7

12 3. All reference to calendar days will be exclusive of Saturdays, Sundays, holidays and school year (September to June) vacation periods. Time limits involving grievances initiated during or overlapping the summer vacation period will be exclusive of Saturdays, Sundays and holidays. All other days during the summer vacation period will be within the time limits specified for the particular level(s) involved. The parties may mutually agree to extend the time limits referenced herein by agreement in writing. 4. If, for any reason, the permanent rotating panel listed in Section II is not able to satisfy the parties' need to arbitrate the problem, then the party submitting the issue to arbitration may submit a conventional demand for arbitration to the American Arbitration Association. Any such arbitrator selected will be under the rules of the American Arbitration Association and be bound by the provisions of the Grievance Procedure contained in this Article. A. Work Year: ARTICLE VI WORK YEAR AND WORK DAY The work year of employees covered by this Agreement will be set by the School Committee. In no event will the regular work year extend beyond June thirtieth (30th) of each year. B. Work Day: 1. Employees will have a standard seven (7) hour work day including a paid lunch period of one-half (~) hour per day.. 2. The daily starting and dismissal time for each employee will be scheduled by building principal. Each employee will be at their assigned building, prepared to work, at the start of each scheduled day and will not leave their assigned work station before the end of their scheduled day. 8

13 3. All employees will be notified of their starting and dismissal time if it is to vary from the starting time of the building they are assigned to. 4. Each employee will receive a fifteen (15) minute duty free period daily in addition to a paid lunch break. 5. The Superintendent or his designee may require all employees to attend staff meetings and/or training sessions. Under normal circumstances, employees will be notified of such meetings forty-eight (48) hours in advance. Employees will be paid their regular hourly rate in accordance with Appendix "A" for attendance at such meetings. 6. The School Committee agrees to compensate a paraprofessional assigned as a substitute teacher for more than three (3) hours in any school day. They shall receive fifty-five dollars ($ 55) over and above their paraprofessional rate. Paraprofessionals will be paid for assigned teacher coverage under three hours at the rate of ten dollars ($10.00) per hour above their regular rate. 7. All work performed in excess of forty (40) hours in the work week, shall be cornpensated at one and one-half (1~) times the employee's regular hourly rate, provided that advance approval of the Superintendent of Schools or his designee has been obtained. Overtime work on Saturdays, Sundays and holidays must be approved in writing. 8. Paraprofessionals work year shall consist of 184 days in which 4 days will be be professional development days. Employee attendance at professional development days shall be mandatory. 9

14 ARTICLE VII COMPENSATION Each employee covered by this Agreement will be compensated at the hourly rate as listed in Appendix A. It is understood by the Parties that any and all compensation received under this Agreement, unless expressly stated otherwise, will be only for hours actually worked by the employee. Experience of new employees will be evaluated for compensation in the discretion of the School Department, but will result in placement no higher than Step 6. Supermax Step Add Step 8 at fifty cents ($.50) above Step 7, for all Paraprofessionals on the salary scale with more than fifteen (15) years of service. Add Step 9 at fifty cents ($.50) above Step 8, for all Paraprofessionals on the salary scale with more than twenty (20) years of service. Associates Degree Differential All Paraprofessionals who have earned an Associates' Degree or sixty (60) higher education credits, shall receive an additional fifty cents ($.50) per hour. ARTICLE VIII EVALUATION PROCEDURE A. All monitoring or observation of the work performance of a paraprofessional will be conducted openly and with the knowledge of the paraprofessional. Employees will be given a copy of any evaluation report prepared by their building principal and will have the right to discuss such report with their building principal. 10

15 B. 1. Employees will have the right, upon request, to review the contents of their personnel file, excluding confidential recommendations rendered upon initial employment. The employee will be entitled to have a representative of the Association accompany him/her during such review. 2. Whenever material relative to a paraprofessional's conduct, service, character, or personality is placed in his/her personnel file the paraprofessional will be given the opportunity to review such material. The paraprofessional will also have the right to submit a written comment on such material and his/her answer shall be reviewed by the Superintendent and attached to the file copy. c. Any written complaints regarding any employee made to any member of the Administration by any parent, student, or other person will be promptly called to the attention of the employee. D. No paraprofessional will be disciplined, reprimanded, reduced in rank or compensated without cause. E. No principal shall discipline a paraprofessional in the presence of other employees, teachers, students or parents. F. Each new employee will be evaluated annually. If an employee has three (3) consecutive satisfactory years of service the employee will be evaluated a minimum of every other year. For the purposes of this article only evaluations performed in year two (2) of the agreement (September 1, 2000 to August 31, 2001) will count as the first evaluation year. 11

16 ARTICLE IX TRANSFERS AND VACANCIES The Committee and the Association recognize that some transfers of paraprofessionals from one school to another are unavoidable. Therefore, they agree as follows: A. When a transfer of a paraprofessional is necessary, consideration will be given to qualified volunteers. B. When involuntary transfers are necessary, a paraprofessional's ability, qualifications and length of service in the Holyoke School System will be considered to the extent that these considerations do not conflict with the instructional requirements and best interests of the School System. C. When an involuntary transfer is made, a meeting will be held between the paraprofessional involved and the Superintendent or his designee at which time the paraprofessional will be notified of the reasons for the transfer. The paraprofessional will have the right to have an Association representative at this meeting. D. A list of vacant positions in other schools will be made available to all paraprofessionals being transferred. Consideration of an employee's ability, qualifications and length of service will be made before filling these vacancies to the extent that this consideration will not conflict with the instructional requirements and best interests of the School System. E. Notice of transfer will be given to paraprofessionals as soon as practicable and under normal circumstances generally no later than August 1. F. Paraprofessionals desiring a transfer will submit a written request to the Superintendent or his designee, stating the assignment desired. Such written 12

17 requests must be submitted prior to April 1 of each school year in order to be considered for the next school year. Requests must be renewed each year. G. Before filling any vacancy, transfer requests on file will be considered before filling the vacancy. When 'filling a vacancy, requests for transfer will be considered on the basis of ability, qualifications and length of service to the Holyoke Public Schools; to the extent that these considerations and resulting transfer assignments do not conflict with the requirements and best interests of the Holyoke Public School System. The above notwithstanding, the School Comrnittee and its Superintendent retains the sale and exclusive right to determine which vacancies, if any, will be filled. H. Whenever a determination is made to fill a permanent vacancy, notice of such permanent vacancy will be posted in all buildings for a period of seven ( 7) calendar days. The posting notice will set forth the duties and responsibilities of the job as well as the ability and qualifications needed by the applicant. The School Committee, through its agents, reserves the right to not 'fill any posted vacancy or to fill the vacancy on a temporary basis should it determine that a transfer is not in the best interests of the Holyoke Public School System. In the event a vacancy is 'filled on a temporary basis for the remainder of the school year, the Association President will be notified at the time the vacancy arises and the vacancy will be placed on a list for posting annually no later than May 1st for the subsequent school year. ARTICLE X ASSIGNMENTS A. Paraprofessionals will be notified in writing of their building and work assignments for the coming school year as soon as practicable and generally no later than August

18 B. Employees will not be assigned, except temporarily, outside the scope of their job classifications. c. The paraprofessional's principal or supervisor will meet with the paraprofessional prior to effectuating a change in assignment. ARTICLE XI POSITIONS IN SUMMER SCHOOL A. All positions in summer programs calling for the service of a paraprofessional will be posted in all school buildings and the Association will be given a copy of the posting notice. B. In filling summer positions, consideration will be given to the paraprofessional's performance, attendance record and length of service in the Holyoke School System. C. All paraprofessionals employed in summer programs will be compensated for hours actually worked. D. Effective September 1, 1996, all Paraprofessionals employed in the Jericho Program shall be compensated, for hours actually worked in the Jericho Program, at a rate of ten percent (10 % ) above their regular hourly rate. ARTICLE XII LEAVES The Administration reserves the right to require satisfactory, periodic documentation to substantiate any leave taken under this Article and to require employees taking leave for health-related reasons to present medical clearance for return to work. Employees on an approved leave of absence with pay from the District shall continue to accrue sick time and personal time for leaves of absence up to twelve 14

19 (12) weeks. In the event an approved leave with pay extends beyond twelve (12) weeks or in the event of a leave without pay, seniority shall continue to accrue, but sick leave and other benefits shall not continue to accrue. A. Sick Leave: Sick leave days are essentially a form of insurance protection for the paraprofessionals and are an inchoate right to compensation that does not vest in an employee until he/she has a bona fide sickness, preventing him/her from reporting for and performing his/her duties. Each paraprofessional will earn sick leave at the rate of one and one-half (1-1/2) day per month of actual work to a limit of fifteen (15) days per year. Unused sick leave may accumulate to a total of not more than one hundred eighty (180) days. B. Assaults on Staff: Whenever in situations paraprofessionals are absent from school as a result of an injury caused by an assault arising out of or within the scope of the paraprofessional's official duties or employment, it is the intent of the Parties that such work-rleated injuries will be covered by Workers' Compensation. A paraprofessional shall report to the Principal on the day of its occurrence any injury sustained in confrontation with youth(s) while the paraprofessional is performing his/her duties. A Principal must report any such incident to the Superintendent of Schools on the day of its occurrence. C. Sick Leave Not Transferable: Sick leave days shall be nontransferable. D. Funeral Leave: In cases of death of near relatives viz: father, mother, sister, brother, son or daughter, or of relatives residing in the same household, paraprofessionals shall be allowed absence of not more than five (5) calendar days in succession immediately following the day of death, which shall not be charged against the annual and accumulative sick leave, three (3) calendar days in cases of death of the following relatives whose place of residence is elsewhere than in the same household: mother-in-law and father-in-law, and of one (1) calendar day in cases of death of the following relatives whose place of 15

20 residence is elsewhere than in the same household: brother-in-law, sister-in-law, son-in-law, daughter-in-law, uncle, aunt, nephew, niece, grandfather, grandmother, or grandchildren. Provided, however, the Superintendent may at his discretion grant additional bereavement days, but the granting of such additional days shall in no event cause the total number of days provided under this Article to exceed five (5) school days. The intent of this language is to provide bereavement leave for the paraprofessional during the regular school year only, and is intended to be used only if the paraprofessional would have worked and not been absent for any other reason. E. Emergency Personal Leave: The Committee recognizes that emergency situations may arise when a paraprofessional must be absent. Therefore each paraprofessional shall be allowed not more than a total of three (3) days of annual emergency personal leave for the following reasons only: for absence due to the death of a close friend; for absence due to an emergency at home not involving the paraprofessional; for absence due to personal business not transactable during non-school hours; for absence due to court appearances; for absence due to a school commencement of near relatives as defined in funeral leave; for absence due to religious holidays; for absence on one's wedding day; and for absence due to the marriage of near relatives as defined in funeral leave provided however, that in the event that a paraprofessional has used one (1) day for religious holidays, than the paraprofessional shall be allowed one (1) additional day subject to all the provisions of this paragraph A paraprofessional may use one (1) personal day for one (1) school day cancelled due to inclement weather not to exceed one (1) day each school year no matter how many school days are cancelled. Each request for emergency personal leave under this paragraph is subject to the approval of the Superintendent acting on recommendation of the Principal of the School. All requests under this section must first be submitted to the building principal. The principal reserves the right to inquire regarding specific reasons, provided there is a reasonable basis for such inquiry. Unused emergency personal leave shall accumulate as sick leave (not 16

21 as emergency personal leave) to the limit indicated. Requests for such leave shall be submitted on the appropriate form as soon as possible prior to the actual absence except that in an emergency, the form may be submitted as soon as possible after the absence has started. F. Special Leaves: Special leaves not covered by the above policies must be requested of and approved by the Superintendent or his I her designee. Requests shall be made in writing and submitted to the Superintendent. G. Maternity Leave: Pursuant to M.G.L. Ch. 149, Section 105D, a female employee who has been employed full-time by the Committee for at least three (3) consecutive months and who is absent from such employment for a period not exceeding eight (8) weeks for the purpose of giving birth or adopting a child under the age of eighteen (18) or for adopting a child under the age of twentythree (23) if the child is mentally or physically disabled, said period to be hereinafter called maternity leave, and who shall give at least two (2) weeks written notice to the Superintendent with a copy to the building principal of her anticipated date of departure and intention to return, shall be restored to her previous, or a similar position with the same status, pay, length of service credit and seniority, wherever applicable as of the date of her leave. Maternity leave shall normally be without pay, provided however, an employee during her eight (8) week maternity leave shall be entitled to use accrued sick leave as authorized by State Law. The Committee shall not be required to restore an employee on maternity leave to her previous or similar position if other employees of equal length of service credit and status in the same or similar position have been laid off due to economic conditions affecting employment during the period of such maternity leave. 17

22 Such maternity leave shall not affect the employee's right to receive sick leave, bonuses, advancement, seniority, length of service credit, benefits, plans or programs for which she was eligible at the date of her leave. Such benefits shall continue to be earned while the employee is on a leave of absence with pay from the District for a period of up to twelve (12) weeks. Otherwise, such benefits shall not accrue during the period of maternity leave and provided further, that the Employer need not provide for the cost of any benefits, plans, or programs during the period of maternity leave unless such Employer so provides for all employees on a leave of absence. Leave under this Section shall normally be counted towards an employee's twelve (12) week FMLA leave entitlement. H. Catastrophic Leave: In cases of merit and the presence of extenuating circumstances, defined as serious and prolonged illness as evidenced by appropriate written medical certification, the Superintendent may grant additional catastrophic sick leave coverage after exhaustion of an individual's accumulated sick leave, in accordance with the following provisions: 1. The granting or denial of extended benefits shall not be subject to the grievance arbitration provisions of this agreement. 2. In the event the employee is absent from work on account of an illness or injury for which he or she is determined eligible for workers compensation benefits, the provisions of this section shall not apply. 3. In the event that the Superintendent has reason to question the medical documentation submitted by the employee, a second opinion may be requested, such examination to be conducted at the School Committee's expense. An employee's refusal to submit to such examination shall constitute withdrawal of application for extended leave. 18

23 4. Before applying for catastrophic leave benefits, the employee must have exhausted their own accrued sick leave and must be absent from work due to the catastrophic illness for a period of at least forty (40) consecutive working days. 5. In order to be eligible for this catastrophic leave benefit, the employee must have been continuously employed in the School District for five (5) years. 6. The number of additional days granted the employee will not exceed the number of days accumulated at the start of the illness, but in no event will exceed ninety (90) working days. 7. The total number of days available for all bargaining unit members shall not exceed three hundred sixty (360) days in any school year. 8. Catastrophic leave will not be considered for elective surgery which could be scheduled during a summer vacation period. I. Jury Duty: Absence for Jury Duty shall not count in calculating absence limitations under other sections. The salary paid by the Employer during such an absence shall be at the regular rate less the fee paid by the court for such Jury Duty. J. Military Leave: Employees shall be entitled during actual service as a member of a reserve component of the Reserve Armed Forces of the United States or in the National Guard of the Commonwealth of Massachusetts, to receive full pay and benefits from the Employer, while so serving for any period during any calendar year not in excess of seventeen (17) calendar days. Military Leave under this 19

24 Section shall not be counted as vacation, sick leave, bereavement leave or other leave. ARTICLE XIII DEDUCTIONS A. The Committee agrees to deduct from the wages of its paraprofessionals dues for the Holyoke Paraprofessionals Association and/or the Massachusetts Teachers Association and/or the National Education Association as said paraprofessionals individually and voluntarily authorize the Committee to deduct, and to transmit the monies promptly to the Treasurer of the Association in accordance with Chapter 180, Section 17C of the General Laws. Authorizations will be in writing and will be submitted in a manner and on forms prescribed by the Superintendent of Schools. 8. Any employee desiring to have the Committee discontinue deductions he/she has previously authorized must notify the Committee in writing at least sixty (60) days of such withdrawal. C. Employees may authorize deductions from their earnings for Community Chest donations, insurance payments, and Credit Unions in the manner and on terms presently utilized by the School Committee. ARTICLE XIV ADDITIONAL FRINGE BENEFITS All members of the paraprofessional staff shall have the advantage of participating in such special fringe benefits as are approved by the School Committee. 1. The City of Holyoke maintains a contributory group insurance plan in accordance with Chapter 328 as amended of the General Laws, which plan shall continue its coverage for eligible employees covered by this Agreement to the extent such plan is maintained by the City of Holyoke. 20

25 2. Accident Policy: It is customary each year to make available to paraprofessionals a group accident policy at a minimum fee. 3. Auto Vandalism: The School Committee will, upon receipt of a documented claim and evidence of an insurance company payment, contribute a maximum of five hundred dollars ($500) to offset the deductible costs incurred by the paraprofessional. The documentation must establish the vandalism act occurred while the paraprofessional was on-the-job and executing the assigned duties of his/her job. ARTICLE XV GENERAL A. There will be no reprisals of any kind taken against any employee by reason of his/her membership in the Association or participation in its activities. B. The Committee will provide the Association with copies of minutes of official meetings as soon as possible after approval of said minutes by the School Committee. A copy of the official agenda of each School Committee meeting will be provided to the Association prior to each meeting, along with all relevant public information support materials for any items dealing with pertinent unit contractual matters. C. The Committee will provide each paraprofessional with a copy of the Agreement. The cost of printing this agreement shall be borne equally by both the Association and the School Committee. D. If any provision of this Agreement or any application of the Agreement to any employee or group of employees shall be found contrary to law, then such provision or application shall not be deemed valid and subsisting except to the 21

26 extent permitted by law, but all other provisions or applications will continue in full force and effect. E. The Association will have the right to use school buildings for Association meetings without. cost at reasonable times with approval of the Principal. The Principal of said building will be notified in writing in advance of the time schedule and place of said meeting. ARTICLE XVI NON-DISCRIMINATION CLAUSE SECTION I: The Employer and the Union agree not to discriminate against any person covered by this Agreement, with respect to their employment, based on their race, religious creed, national origin, ancestry, age [if forty (40) years of age or older], sexual orientation, sex, or exercising or choosing to refrain from exercising their right to join a union or engage in concerted and lawfully protected activity or other basis protected by applicable law, including but not limited to, qualified handicapped persons who can perform the essential functions of a position with reasonable accommodation. The Parties further agree that Employees are prohibited from discriminating against any person with whom they come in contact with during the course of their employment based on their race, religious creed, national origin, ancestry, age, sex, handicap or other basis protected by applicable law, including but not limited to their exercising or choosing to refrain from exercising their right to join a union or engage in concerted and lawfully protected activity. SECTION II: The Employer and the Union acknowledge that sexual harassment is a form of unlawful sex discrimination, and the parties mutually agree that no Employee should engage in or be subjected to such harassment. Employees who engage in such conduct shall subject themselves to disciplinary action. The term sexual harassment as used herein shall mean sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: 22

27 A. Submission or rejection of such advances, requests, or conduct is made either explicitly or implicitly a term or condition of employment or as the basis for employment decisions; B. Such advances, requests, or conduct have the purpose or effect of unreasonably interfering with an individual's work performance by creating an intimidating, hostile, humiliating, or sexually offensive work environment. SECTION III: Employees who have been subject to or have information about an incident or incidents of sexual harassment must report same in writing immediately to the building principal. A grievance alleging a violation of this Article or other unlawful discrimination shall be filed initially at Step II of the grievance procedure. Such action must be brought in writing within ten (10) working days from the alleged act or occurrence. SECTION IV: ELECTION OF REMEDIES If the grievance regarding any provision of this Agreement provides a right or benefit that can be pursued in another forum and is not resolved at Step Two and if the Union wishes to pursue the matter, the Employee and the Union must both agree to an election of forums/remedies. In order to proceed to arbitration, a demand must be filed by the Union in the manner and within the time limits set forth in Level IV of Article V of the Grievance and Arbitration procedures. In addition, the demand must be accompanied by an Employer approved election of remedies form, signed by the Employee, agreeing to an exclusive forum for resolving the discrimination claim and expressly electing to forego their right to proceeding with the matter before the Massachusetts Commission Against Discrimination, the Equal Employment Opportunity Commission, other administrative agencies and/or the Courts. No grievance will be processed further unless such a signed election is presented to the Employer within the period set forth in Level IV of Article V of the Grievance and Arbitration Procedures of this Agreement. 23

28 ARTICLE XVII NOTICE OF RESIGNATION The Association as a party to this Agreement recognizes the disruption attendant with untimely resignations. The Association therefore agrees to the provision that paraprofessionals will not submit resignations without giving the School Committee at least thirty (30) calendar days notice. In the event an employee resigns without giving adequate notice, exclusive of extenuating circumstances such as medical, economic, religious, or other such reasons beyond the control of the employee, such employee shall receive a written letter of reprimand which shall become a permanent record in the employee's personnel file. ARTICLE XVIII HOLIDAYS Employees, who are employed on the scheduled work day prior to the listed holiday, will receive a regular day's pay for each of the following holidays: Thanksgiving Day Memorial Day Columbus Day Veterans Day Day after Thanksgiving **Labor Day Christmas Day Martin Luther King Day New Year's Day Presidents' Day Patriot's Day Good Friday (to take effect following ratification by the Association and approval by the School Cornrnittee.) **With the condition that the Paraprofessional is scheduled to work the work day before and the work day after the holiday and in fact works these days. 24

29 ARTICLE XIX REDUCTION IN FORCE A. In the event the Superintendent determines it necessary to reduce the number of positions included in the bargaining unit, the following procedure will be used. B. Reduction of Force will involve the elimination of positions as designated by title and school, based upon the operating needs of the School Department, decided by the Superintendent. If more than one Paraprofessional holds the same title at the same school, the position held by the Paraprofessional with the lowest seniority will be subject to elimination. The displaced Paraprofessional shall be given the right to: 1. Bump the employee with the lowest seniority in the bargaining unit occupying a position for which the displaced employee meets the ability and qualifications to perform the job. c. In cases involving employees who have identical seniority, preference for retention or recall shall be given to those employees who have achieved the highest level oftraining. D. 1. Employees whose positions are to be affected by a reduction in staff must be notified, in writing, by July 1st, ifpracticable, ofthe school year preceding the year in which the reduction will take effect. Said notice shall include the specific reasons for the layoff. 2. Employees who have been laid-off shall be entitled to recall rights for a period of two (2) years from the effective date of their respective lay-off. During the recall period, Paraprofessionals shall be notified by mail to their last address on record, and given preference for bargaining unit positions as they develop in the inverse order of their respective lay-off and all benefits to which an employee was entitled 25

30 at the time of lay-off shall be restored in full upon re-employment within the recall period. 3. Laid-off employees may continue group Health and Life Insurance coverage during the recall period as provided by the Committee to members of the bargaining unit by reimbursing the Committee for premium cost. Failure to forward premium payments to the Committee or refusal to return to employment upon recall will terminate this option. 4. While members of bargaining unit continue on lay-off, the Committee agrees not to hire any new paraprofessionals, unless: a. no employee on lay-off is qualified to fill a position, b. all qualified employees on lay-off declined an offer to fill the vacancy. 5. Declination of a recall offer will result in termination of employment and satisfy all obligations for the Employer under this Article. Failure to respond to D (2) above, will be considered a declination. ARTICLE XX SENIORITY A. Seniority means length of continuous service in years, months and days in the bargaining unit, provided that the seniority of present employees as of the effective date of this Agreement, shall consist of their length of service from their initial date of ernployment by the Committeel Superintendent. Employees shall be credited for seniority purposes with all time spent on any leave of absence provided for in this Agreement. 26

31 B. A list specifying the seniority, job title and building assignment of each member of the bargaining unit shall be prepared by the Committee and forwarded to the President of the Association within the thirty (30) days following the execution of this Agreement. An updated "Seniority List" shall be supplied by the Committee annually thereafter, on or before December 1. ARTICLE XXI PARAPROFESSIONAL DEVELOPMENT Paraprofessionals who hold teacher certification and are seeking to become recertified may enroll in programs offered by the School District after regular employment hours on a space available basis at no cost to the School District. Paraprofessionals will be required to participate in up to six (6) additional hours of staff development and training without additional compensation. paraprofessionals will participate in an orientation Newly hired program without additional compensation. Any Paraprofessionals who have been identified through the evaluation process as needing additional training will also participate in the orientation program without additional compensation. Immediately upon execution of this agreement, the Parties agree to establish a Joint Professional Development Committee consisting of two representatives selected by the Association and two representatives selected by the Superintendent on behalf of the School Committee. This Committee shall act in an advisory capacity to the Superintendent, or his I her designee, regarding all professional development programs for Paraprofessionals undertaken by the District, including, but not limited to, the scheduling and content of professional development days and the creation of the District professional development plan. Paraprofessionals will be required to attend all professional development days scheduled by the Joint Committee. The HPA shall be allowed to give input into the training curriculum, but the final decision on the training curriculum will rest with the School Committee. 27

32 Longevity pay will be applied as follows: ARTICLE XXII LONGEVITY PAY After five (5) years of consecutive service $ After ten (10) years of consecutive service $ After 'fifteen (15) years of consecutive service $ After twenty (20) years of consecutive service $ After twenty-five (25) years of consecutive service $ The longevity pay will be paid annually on or about the eligibility date. ARTICLE XXIII WORKERS/SAFETY POLICY Joint Committee with representatives from School Committee and Union will develop policy with regard to use of radios by out-reach workers and pairing of workers when they go into community. Joint Committee to provide recommendation back to parties within sixty (60) days after execution of contract. ARTICLE XXIV SEVERANCE BENEFIT An active employee after completing fifteen (15) years of continuous service for the Holyoke School Department will, upon retirement, be paid a severance benefit of one thousand five hundred dollars ($1,500), one thousand dollars ($1,000) or five hundred dollars ($500); provided, however, that in order to exercise the one thousand five hundred dollar ($1,500) benefit, the employee must have at least one hundred fifty (150) days of accumulated sick leave due at the time of retirement; provided, however, that in order to exercise the one thousand dollar ($1,000) severance benefit, the employee must have at least one hundred twenty-five (125) days of accumulated sick leave due at the time of retirement; or provided, however, that in order to exercise the five hundred dollar ($500) severance benefit, the employee must have at least one hundred (100) days of accumulated sick leave due at the time of retirement. An active employee after completing twenty (20) years of continuous service for the Holyoke 28

33 School Department will, upon retirement, be paid a severance benefit of two thousand dollars ($2,000); provided, however, that in order to exercise the two thousand dollar ($2,000) benefit, the employee must have one hundred fifty (150) days of sick leave due at the time of retirement. It is understood by the Parties that no employee will, under the terms of this Article, receive more than two thousand dollars ($2,000) nor will any benefits be paid unless the terms of this Article are met in full. Upon the employee's death, any severance benefit the employee may be entitled to shall be paid to the employee's estate. It is expressly understood and made a condition of the severance benefit that the Parties agree that the amounts paid under this Article will not be considered regular earnings under Massachusetts General Law, Chapter 32 and therefore will not be subject to retirement deduction or any other provision of said General Law, Chapter 32. ARTICLE XXV DURATION This Agreement will be in full force and effect from July 1, 2013 to June except where the parties have specified a provision is retroactive to a prior date. On or after January 1st of the last year of the contract, either party may give written notice to the other that it desires to alter or modify this Agreement, and upon receipt of such written notice the Parties agree to meet for the purpose of negotiating a successor Agreement. Provided, however, that if negotiations for a successor Agreement are not completed by the stated expiration date, the provisions of this Agreement will remain in full force and effect until said successor Agreement is executed. ARTICLE XXVI TRAVEL REIMBURSEMENT Request for reimbursable travel expenses must be submitted in writing to the Central Office within ten (10) calendar days of the date of travel or they will not be reimbursed. 29

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