ARTICLE I - RECOGNITION
The Board
recognizes the Education Association of Clinton, hereafter known
as the Association, as the exclusive representative, pursuant to
10-153a through 10-153g of the Connecticut General Statutes, as
amended, of all certified professional employees of the Board in
positions requiring teaching, other certificate, or Durational
Area Shortage Permit, not in the administrators' unit or
otherwise excluded by law, and excluding temporary substitutes.
ARTICLE II - PROFESSIONAL
NEGOTIATIONS
Section 2.1
The
Association and the Board agree to negotiate in good faith in
accordance with the law. Any agreement so negotiated shall be
reduced to writing and signed by the Board and the Association.
Section 2.2
During
negotiation, the Board and the Association shall exchange
relevant data, points of view and proposals and
counterproposals.
Section 2.3
The
Superintendent of Schools or his/her designee shall provide
necessary information to the Association for negotiations with
the Board of Education.
Section 2.4
"NO
STRIKE CLAUSE"
The
Association agrees that it shall not call, authorize, instigate,
sanction or condone any strike, slowdown, work stoppage or other
concerted refusal to perform any assignment on the part of any
employees during the period of this agreement or any extension
thereof. It is recognized that the Board of Education has and
will continue to retain, whether exercised or not, the full and
unquestioned right, responsibility and prerogative to direct the
operation of the public schools in the Town of Clinton, in all
its aspects.
Section 2.5
The
agreement shall not be altered, amended or changed, except in
writing, signed by both the Board and the Association, which
amendment shall be appended hereto and become a part hereof.
Any
agreement reached with the Board, shall be reduced to writing,
shall be signed by the Board and the Association, and shall
become an addendum to this Agreement.
ARTICLE III - DUES DEDUCTION AND
SERVICE FEE DEDUCTION
Section 3.1
Conditions of Continued Employment
All
teachers employed by the Clinton Board of Education shall, as a
condition of continued employment, join the Association or pay a
service fee to the Association. Said service fee shall be equal
to the proportion of Association dues uniformly required of
members to underwrite the costs of collective bargaining,
contract administration, and grievance adjustment.
Section 3.2
Deductions
The Clinton Board of
Education agrees to deduct from each teacher an amount equal to
the Association membership dues or service fee by means of
payroll deductions. The amount of the deduction from
each paycheck for membership dues shall be equal to the total
Association membership dues divided by eighteen and shall be
deducted from the first and second paychecks of each month for a
total of eighteen deductions per year beginning with the first
paycheck in October.
The amount of the deduction for service fee from each paycheck
shall be equal to the total service fee divided by the number of
paychecks from and including the first paycheck in January
through and including the last paycheck in June. The amount of
Association membership dues shall be certified by the
Association to the Board of Education prior to the opening of
school each year. The amount of service fee shall be certified
by the Association to the Board of Education prior to January
1st of each school year.
Section 3.3
Subsequent Employment
Those
teachers whose employment commences after the start of the
school year shall pay a prorated amount equal to the percentage
of the remaining school year.
Section 3.4
Forwarding of Monies
The Board
of Education agrees to forward to the Association each month a
check for the amount of money deducted during that month. The
Board shall include with such check a list of teachers for whom
such deductions were made.
Section 3.5 Lists
No later
than the first paycheck in October of each school year, the
Board of Education shall provide the Association with a list of
all bargaining unit employees of the Board of Education and the
positions held by said employees. The Board shall notify the
Association monthly on any changes in said list.
Section 3.6
Indemnification
The
Association shall indemnify and save the Board and/or the Town
harmless against all claims, demands, suits or other forms of
liability which may arise by reason of any action taken in
compliance with this Article.
The Board
shall give the Association written notice of any claim against
it under this Article, as soon as the Board or its agents become
aware of such claim. The Board and the Association shall
cooperate fully in the investigation and defense of any such
claim.
ARTICLE IV - GRIEVANCE PROCEDURE
Section 4.1
Purpose
a. The
purpose of this procedure is to secure, at the lowest possible
administrative level, equitable solutions to problems which may
arise under specific provisions of this agreement.
b. Nothing
herein contained shall be construed as limiting the right of any
member of the unit to discuss informally a concern or problem
with any appropriate member of the administration.
c. Nothing
herein shall be construed as limiting the right of either party
to seek judicial intervention with regard to questions
concerning the arbitrability of a dispute. An action seeking
judicial intervention shall be sought within a reasonable time
after a demand to arbitrate the grievance dispute. This
provision shall not constitute a waiver of either party's right
to seek judicial review of the question of arbitrability when
that question has been submitted to the arbitrator.
Section 4.2
Definitions
a. A
"grievance" shall be defined as a complaint by a teacher, a
group of teachers, or the Association, that there has been a
violation or misinterpretation of a specific provision or
provisions of this agreement to the detriment of the teacher, or
teachers concerned, or the Association.
b. The term
"grievant" as used in this grievance procedure shall mean any
certified employee within the bargaining unit covered by this
agreement, as well as the Association in the event the
Association files a grievance.
c. The term
"days" shall be defined as days when school is in session,
except after June 1st when "days" shall mean calendar days.
Section 4.3
Procedure
Since it
is important that grievances be processed as rapidly as
possible, the number of days indicated at each level should be
considered the maximum and every effort should be made to
expedite the process. The time limits specified, however, may
be extended by mutual agreement. If a teacher has not filed a
written grievance as provided for at Level One of this procedure
within thirty (30) days after the teacher knew or should have
known of the circumstances giving rise to the grievance, then
the grievance shall be considered waived.
Failure
to process a grievance to the next level within the time
specified shall constitute an acceptance of the decision at the
prior level.
a. Level One
- School Principal
1. If a
teacher feels that he/she may have a grievance, he/she may first
discuss the matter with his/her principal or other appropriate
administrator in an effort to resolve the problem informally.
2. If the
grievant is not satisfied with such disposition of the matter,
he/she shall have the right to have the Association assist
him/her in further efforts to resolve the problem informally
with the principal or other appropriate administrator.
3. If the
grievant is still not satisfied with the disposition of the
matter, he/she shall reduce the grievance to writing, stating
the provision or provisions of the agreement allegedly violated
and/or misinterpreted, and submit it to the principal. The
principal shall, within ten (l0) days of the filing of the
grievance in writing, give a written answer with a copy to the
Association.
b. Level Two - Superintendent of Schools
1. If the
grievant is not satisfied with the disposition of the grievance
at Level One or if no decision is rendered within ten (10) days
of filing at Level One, the grievant shall within five (5) days
of the decision or the expiration of the time limit for
rendering a decision, (whichever is sooner) file the written
grievance with the Superintendent of Schools.
2. The
Superintendent shall, within ten (10) days after receipt of the
grievance, meet with the grievant and the Association
representative, if any, for the purpose of resolving the
grievance.
3. The
Superintendent shall, within five (5) days after the meeting,
render his/her decision and reasons in writing to the grievant
with a copy to the Association.
c. Level Three - Board of Education
1. If the
grievant is not satisfied with the disposition of the grievance
at Level Two or if no decision is rendered within five (5) days
after such meeting at Level Two, the grievant shall within five
(5) days after the decision or the expiration of the time limit
for rendering a decision, (whichever is sooner) file the written
grievance with the Board of Education.
2. The Board
of Education or a committee thereof shall meet with the grievant
and the Association representative, if any, within ten (10) days
of written receipt of the grievance for the purpose of resolving
the grievance.
3. The Board
shall, within ten (10) days after such a meeting, render its
decision and reasons in writing to the grievant, with a copy to
the Association.
d. Level Four - Arbitration
1. If the
grievant is not satisfied with the disposition of the grievance
at Level Three or if no decision has been rendered within ten
(10) days after the meeting at Level Three, he/she shall within
five (5) days of receipt of the Level Three decision or the
expiration of the time limit for rendering a decision,
(whichever is sooner) request in writing to the President of the
Association to submit his/her grievance to arbitration. A copy
of the written request shall be delivered to the
Superintendent's Office.
2. After
consideration of the grievance, the Association may submit the
grievance to arbitration within fifteen (15) days of receipt of
the grievance request by notifying the Board of Education, in
writing, of its intent to proceed to arbitration.
3. The
arbitrator shall be mutually selected by the Board and the
Association within fifteen (15) days of receipt of notification
by the Board of Education. Should the parties be unable to
mutually select an arbitrator within fifteen (15) days of the
receipt of notice by the Board, the Association may submit the
grievance to the American Arbitration Association, which shall
administer the proceedings under the Labor Arbitration Rules of
the Association.
4. The
arbitrator's decision shall be in writing and shall set forth
findings of fact, reasoning and conclusions. The arbitrator
shall have no authority to add to, subtract from, or in any way
modify the terms of this agreement. The decision of the
arbitrator shall be final and binding.
5. The cost
for the services of the arbitrator shall be borne equally by the
Board and the Association.
Section 4.4
Rights of Representation
a. No
reprisals of any kind shall be taken by either party against any
participant in the grievance procedure by reason of such
participation.
b. Any
teacher may be represented at Levels One, Two and Three of the
grievance procedure by a Board employee who is a designated
representative of the Association, or by any officer or paid
staff member of the Association.
Section 4.5
Miscellaneous
a. All
documents, communications and records dealing with the
processing of a grievance shall be filed separately from the
personnel file of the participants.
b. A
grievance filed at any level of this procedure must be in
writing and must contain the following information:
1. The
name(s) of the grievant(s);
2. A
statement of the nature of the grievance;
3. A
statement of the provision(s) of the contract allegedly
misinterpreted or misapplied;
4. The result
of previous discussions or decisions, if any;
5.
Grievant(s)' signature indicating dissatisfaction with decisions
previously rendered; and
6. Remedy
requested.
The forms for filing
and processing grievances shall be prepared by the
Superintendent after consultation with the Association. Such
documents shall be made available through the Superintendent's
office to all parties.
c. If an
alleged grievance results from an action or a failure to act by
the Superintendent of Schools, or his/her designee, or by the
Board of Education, the grievance may be initiated at the
procedural level at which the action occurs or fails to occur.
d. No
adjustment of any grievance, whether by informal or formal means
shall be inconsistent with the terms of this agreement unless
such adjustment is in writing and signed by the representatives
of the Board of Education and the Association.
ARTICLE V -
SALARY SCHEDULES AND PAYMENTS
Section 5.1
Salary Schedules
a. Teachers'
Salary Schedules are attached hereto as Appendix B.
1.
Definitions - the terms used in the above schedules shall be
interpreted and applied in accordance with the following
definitions:
(a) Bachelor's
- a baccalaureate degree earned at an accredited college or
university.
(b) Bachelor's
plus 30 credits - completion of thirty (30) credits beyond the
Bachelor's degree, at an accredited college or university, and
possession of a Connecticut Professional Certificate.
(c) Master's -
a Master's degree earned at an accredited college or university.
(d) Bachelor's
plus sixty (60) credits - thirty (30) credits beyond a
Professional Certificate in a planned program, in an
educationally related discipline, approved by the
Superintendent. No teacher shall be permitted to move to
the BA+60 lane unless in a planned program approved by the
Superintendent prior to July 1, 2008.
(e) Master's
plus 30 credits - a second Master's Degree in a discipline other
than the discipline in which the initial Master's Degree was
attained or the completion of thirty (30) credits beyond the
Master's Degree in a planned program approved by the
Superintendent or a Certificate of Advanced Study; or a Master's
Degree which by state certification or state licensing
requirements is 60 credits beyond the Bachelor's Degree. The
degree credits or certificate must be in an educationally
related discipline.
(f) The
Superintendent of Schools shall be informed in writing of each
teacher's plan of study and approve this plan before it is
carried out. Such approval is to be signed by the
Superintendent of Schools. This qualification will not apply to
programs arranged by an approved university or college, however,
the Superintendent must be informed of such a program.
(g) Any
teacher seeking advancement to a higher salary schedule must
submit an official transcript and degree, or photocopies of same
to the Superintendent of Schools no later than September 1
(October 1 for summer school credits) of the year for which the
advancement is required. These documents will become part of
the teacher's file records.
(h) If
a teacher receives prior to September 1 (October 1 for summer
school credits) of a given year sufficient academic credit to
warrant advancement to a higher salary schedule but fails to
submit an official transcript that indicates the degree to the
Superintendent no later than September 1 (October 1 for summer
school credits) of a given school year, said teacher may submit
an official transcript that indicates the degree to the
Superintendent no later than February 1st of the
following year. A teacher who submits the specified documents
by the established deadline will advance to the higher salary
schedule for thirteen (13) payments that same year.
2. Placement
- all members of the unit shall be placed on the appropriate
step in the salary schedule taking into consideration the
following:
(a) Degree
status as defined in section a.1. above.
(b) Full
credit for previous teaching experience in public, private, and
military dependency schools, provided that such experience shall
have been continuous service of at least one-half of any school
year up to the time of employment.
Such credit for
previous non-teaching experience as the Superintendent, in
his/her discretion, deems appropriate based on the relevance of
such experience to a newly hired teachers assignment, up to a
maximum of three (3) years experience or up to five (5) years in
a shortage area as determined by the Connecticut State
Department of Education.
Intermittent or
short-term substitute service will not be credited as teaching
experience.
(c) Credit for
service in the Peace Corps or Vista to a maximum of two (2)
years.
(d) Full credit
for active service in the Armed Forces of the United States
when such service interrupts Clinton teaching experience.
(e) Credit on
the salary schedule for active service in the Armed Forces of
the United States whenever served shall be one year for twelve
(12) through twenty-one (21) months, two (2) years for
twenty-one (21) or more months. Two (2) years maximum credit.
(f) Based on
written evaluations and conferences by administrators with the
teacher(s), the Board of Education reserves the right to
withhold a salary raise from such teacher(s). Said decision to
withhold a salary raise shall be grievable commencing at Level
II of the grievance procedure.
(g) Teachers
who are employed for forty (40) or more consecutive work days in
the same assignment in any one (1) year and who are certified
for the work being done shall be classified as long term
substitutes. Such employees shall be placed at the first (1)
step of the B.A. degree lane of the salary schedule effective
the forty-first (41) day and shall receive no other benefits.
Commencing with the ninety-first (91) work day of continuous
employment any long term substitute shall be placed on the
appropriate step of the salary schedule in accordance with
Article V - 5.1.a.2 and shall be eligible for full insurance
benefits subject to eligibility requirements and to carrier
regulations.
b.
Extra-curricular salary schedules are attached hereto as
Appendix C.
c. Other
salary schedules attached hereto as Appendix B.
d. Teachers
shall be paid their annual salaries as follows:
1. The annual salary shall be paid in twenty-six (26)
equal payments beginning with the first regular biweekly payday
following the start of the teachers work year, and the normal
July and August payments paid in total on the last pay check in
June.
2. All salary
payments may be made by automatic deposit at the bank of any
individual teacher's choice.
e. If a
payday falls on a holiday, payments shall be made on the
business day prior to the holiday. If a payday falls during
school vacation or after the last day of the school year for
teachers, paychecks shall be available for pick-up for teachers
who do not have direct deposit, and the administration shall
notify teachers of the location for picking up checks.
f. If, with
proper and legal notification, termination of employment occurs
prior to the end of the school year, the teacher shall be paid a
pro rata portion of the annual salary on the basis of the
total number of days worked relative to the total days in the
work year as provided in Article VII. If a teacher resigns or
leaves employment without appropriate notice, said teacher's
salary shall not be prorated and shall cease effective
immediately.
g. Having
performed his/her contract obligations to the school system, a
teacher who resigns after the end of the school year is entitled
to appropriate Health Insurance through August 31; and his/her
contribution as provided in Article VIII will be deducted
from his/her last pay check.
h. Other payroll deductions:
1. In
addition to those payroll deductions required by law or as
provided for in this Agreement, the following agencies are
eligible for payroll deductions. All requests for voluntary
deductions must be in writing on approved authorization forms.
2. (a)
The list of approved deductions shall include:
Education
Association of Clinton
Credit Union
Dependent Care
Assistance Plan
Flexible
Spending Account
Tax Sheltered
Annuity Plans
Up to two CEA
endorsed disability plan carriers
(b) The Board and the Association agree that there shall be
up to ten (10) companies eligible for deductions for tax
sheltered annuity plans. When there are fewer than ten (10)
companies being used, the Board shall notify the Association so
that substitute companies may be added to the list of those
eligible.
In
addition to the above, deductions for the State of Connecticut
Deferred Compensation 457 Plan shall be available.
The parties'
agreement to permit deductions for tax sheltered annuity plans
for these companies shall not in any way be construed as Board
or Association approval or endorsement of these companies. The
Board and the Association expressly disclaim any investigation
of the soundness or merits of these companies or their tax
sheltered annuity plans.
3. If
a teacher terminates his/her employment at some time during the
year and the full amount of his/her contribution to either the
Flexible Spending Account (FSA) or the Dependent Care
Assistance Plan (DCAP) has not been deducted from his/her
checks, then the balance shall be deducted from the last check
issued to that teacher.
4. Dues
Deduction
(a) Each of
the Groups named in Section 5.1 h.2 above shall certify to the
Board in writing the current rate of its membership dues. Any
Group which shall change the rate of its membership dues shall
give the Board thirty (30) days written notice prior to the
effective date of such a change.
(b) Deductions
referred to in Section 5.1 h.2 above shall be made on the first
two pay days of each month for a period of nine (9) months
beginning in October. The Board shall not be required to honor
for any month's deduction any authorizations that are delivered
to it later than two (2) weeks prior to the distribution of the
payroll from which the deductions are to be made.
(c) Each
organization for which the Board is required to make voluntary
dues deductions shall provide the Superintendent by September 25
with a list of the names of those employees who have voluntarily
authorized the Board to make such deductions.
(d) If a
teacher terminates his/her employment at some time during the
year and the full amount of dues has not been deducted from
his/her check, then the balance shall be deducted from the last
check issued to that teacher.
(e) The
organization(s) shall indemnify and save the Board and/or the
town harmless against all claims, demands, suits, or other forms
of liability, which may arise by reason of any action taken in
making deductions and remitting the same to the organization(s)
pursuant to this Article.
The Board
shall give the organization(s) written notice of all claims
against it under this Article as soon as the Board or its agents
become aware of such claims. The Board shall cooperate fully
with the organization(s) in the investigation or defense of
claims made against the Board under this Article.
i.
Continuing Education Unit (CEU) programs or equivalents which
are utilized for the purpose of maintaining certification
requirements of state law will not be applied toward advancement
on the salary schedule.
Section 5.2
Contracts
The Board
of Education agrees to issue an initial contract and an annual
salary notification and intent to return statement. Copies of
these forms are included in Appendix A.
Section 5.3
Extra-Pay Positions
a. Teachers
who hold extra-pay positions shall be automatically reappointed
annually unless they are notified otherwise by the
Superintendent within the established deadlines. Such
notification shall be in writing. Teachers who do not desire to
be reappointed to an extra-pay position shall so notify the
Superintendent, in writing, within the established deadlines.
b. The
deadlines for appointment for seasonal extra-pay positions shall
be the end of each season (see subparagraph d). For full year
positions, the deadline shall be March 1.
c. The Board
of Education and the Association agree that appointments to
extra-pay positions are annual in nature and that these
positions do not carry tenure. In the event that an extra-pay
position is eliminated for not more than two (2) years,
preference shall be given to the teacher who held the position
at the time of its elimination. Appointments to these positions
are solely at the discretion of the Board of Education.
d. Salaries
for seasonal extra-pay positions shall be paid in one (1) lump
sum on the second regular paydays in December, April and June.
e. Payment
for full-year positions shall be in three (3) equal payments: On
the second regular paydays in December, April and June.
f.
Payments to Mentor Teachers shall be paid in one (1) lump
sum on the second regular payday in April.
g. Payment
for extra-pay positions which are subject to Teachers'
Retirement shall be folded into the teacher's salary and paid in
twenty-six (26) equal payments.
Section 5.4
Classroom Work Beyond Calendar Days
a. Any
teacher required to work on classroom or assignment related
materials beyond the school calendar days will be paid on the
basis of his/her annual salary per day (calculated based
on the total days in the work year as provided in Article VII),
prorated to hours worked based upon the workday when school is
in session, with a minimum assignment of three (3) hours for any
day worked.
b. Every
staff member must recognize his/her responsibility for
continuous effort to keep abreast of new or developing
activities within his/her own field or within the cultural
context in which our schools function.
Section 5.5
Part-time Teachers
a. Teachers
hired for fractional positions shall be paid at standard
percentage rates, e.g.:
4/5 position - 80% of
full-time salary
3/5 position - 60% of
full-time salary
2/3 position - 67% of
full-time salary
b. Part-time
employees shall receive pro-rata sick leave benefits and shall
be placed at the appropriate salary step in accordance with
Article V - 5.1.a.2. Those part-time teachers who are paid at a
salary rate of fifty percent (50%) or more shall be entitled to
full insurance benefits subject to carrier regulations and
eligibility requirements.
ARTICLE VI -
TEACHER WELFARE PROVISIONS
Section 6.1
Protection of Teachers
a. A teacher
shall report immediately in writing to his/her principal and to
the central office all cases of assault suffered by him/her in
connection with his/her employment.
b. This
report shall be forwarded to the Board which shall comply with
any reasonable request from the teacher for information in its
possession relating to the incident or the persons involved,
unless such information is confidential, and shall act in
appropriate ways as liaison between the teacher, and the police
and the Courts.
c. Whenever a
teacher is absent from school as a result of personal injury
caused by an assault arising out of and in the course of his/her
employment, he/she shall be paid his/her full salary for the
period of such absence for up to one calendar year without using
sick leave. Any amount of salary payable pursuant to this
Section shall be reduced by the amount of any worker's
compensation awarded for temporary disability due to the said
assault injury for the period for which salary is paid. The
Board shall have the right to have the teacher examined by a
physician designated by the Board for the purpose of
establishing the length of time during which the teacher is
temporarily disabled from performing his/her duties. The Board
will designate two physicians; the teacher may choose one of the
two.
Payment
of the salary benefit set forth in this paragraph shall be
contingent upon the teacher's filing a worker's compensation
claim. In the event the Worker's Compensation Commissioner
determines that such claim is not compensable, the Board will
have no obligation to the teacher under this Article.
Section 6.2
Accident and Sickness Benefits
a. A teacher
shall report immediately in writing to his/her principal and to
the central office all cases of personal injury caused by an
accident arising out of and in the course of his/her employment.
b. Whenever a
teacher is absent from school as a result of personal injury
caused by an accident arising out of and in the course of
his/her employment (other than an assault), he/she may elect to
charge all or part of such absence during the period of
temporary disability due to the accident to the sick leave days
to his/her credit under the Board's rules and regulations
pertaining to sick leave. In which event he/she shall receive
the sick leave pay to which he/she is entitled for the period so
charged to his/her sick leave credits, less the amount of any
temporary disability payments received under the worker's
compensation laws due to said injury for any period for which
such sick leave is paid. In the absence of such election said
teacher shall not receive his/her sick leave payments during the
period of his/her absence for temporary disability due to the
accident, and his/her sick leave credits shall not be reduced by
temporary disability due to the injury. Acceptance of sick
leave payments (other than those made under 6.1 c. in connection
with injury due to an assault) for any period for which the
teacher may be entitled to receive disability payments under the
worker's compensation laws shall constitute an election to
charge his/her absence for such period to the sick leave days to
his/her credit.
Section 6.3
Teacher Assignment
a. The
assignment and transfer of teachers within the School System is
the responsibility of the Superintendent of Schools, and shall
not be exercised in an arbitrary and capricious manner. In the
determination of assignments, the reasonable requests and wishes
of the teacher shall be honored to the extent that these do not
conflict with the requirements and best interests of the School
System.
b. Teachers
shall be notified in writing of their program assignment for the
coming school year, including the schools to which they will be
assigned, the grades, subjects and group levels that they will
teach, and any special or unusual classes that they will have,
as soon as practical and under normal circumstances not later
than the close of the school year. In the event of a change in
circumstances or conditions after the close of the school year,
assignments may be changed with prompt notice in writing to the
teacher's last known address.
Guidance
counselors who ar |