Winthrop Teachers Assoc. (Educ. Support Pers.) 7-1-12 to 6-30-15.PDF

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AN AGREEMENT

between the

WINTHROP SCHOOL COMMITTEE
and the

WINTHROP TEACHERS’ ASSOCIATION
(Educational Support Personnel)

Winthrop, Massachusetts
2011-2012 (same as the 2008-2011 Contact)

2012-2015

ARTICLE

VI
Vil

XI
XII
XI
XIV
XV
XVI
XVII
XVIII

xix

XXII
XXIII

TABLE OF CONTENTS

RECOGNITION

SALARY

GRIEVANCE PROCEDURE
ARBITRATION

RIGHTS OF THE COMMITTEE
VACANCIES

WORK YEAR AND WORKDAY
SICK LEAVE

TEMPORARY LEAVES OF ABSENCE
FAMILY MEDICAL LEAVE

ESP FACILITIES

PROTECTION

RETIREMENT

INSURANCE

EVALUATION

GENERAL

SEPARABILITY AND SAVINGS
COURSE REIMBURSEMENT
LAYOFF LANGUAGE/RIF/RECALL
SICK LEAVE BANK

AGENCY SERVICE FEE

SMALL NECESSITIES LEAVE ACT

ELECTRONIC COMMUNICATION SYSTEM/NETWORK

ACCEPTABLE USE POLICY
ACCESS TO KEYS POLICY

PROBATIONARY PERIOD

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PAGE

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XXVI CRIMINAL OFFENDER RECORD INFORMATION

(CORI) REVIEW POLICY 21
XXVII VOLUNTARY AND INVOLUNTARY TRANSFERS 22
XXVIII DURATION 23
APPENDIX A SALARY SCHEDULE 24

STIPEND/FUND RAISING 25
APPENDIX B ELECTRONIC COMMUNICATION SYSTEM

NETWORK ACCEPTABLE USE POLICY—-FORM 25
APPENDIXC ACCESS TO KEYS POLICY—FORM 27
APPENDIXD SIDE LETTER OF AGREEMENT 29

APPENDIXE LETTER OF UNDERSTANDING—SCHOOL AGE CHILDREN
OF EMPLOYEES 29

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ARTICLE I
RECOGNITION

ARTICLE

SALARY
Section 1,

All educational Support personnel shall be paid according to the salary schedule set forth in
Appendix A,

Section 2.
Salaries shall be paid every two (2) weeks according to current practice,
Section 3,

Educational Support personnel shall be entitled to the following deductions:

(a) Association dues
(b) credit union
(Cc) health insurance

Section 4,

Educational support personnel who have worked one hundred (100) days or more during the
Previous school year ag employees of the Winthrop School Department will be eligible to move
Onto the next higher Step of the salary schedule.

Section 5.

In recognition of the value of continued years of service to the Winthrop School System, a
“Super Maxima” salary schedule is set forth below,

ABOVE BASE RATE AFTER YEARS OF TOTAL SERVICE
15 Years 20 Years

10 Years
$300 $400 $600

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ARTICLE Til

GRIEVANCE PROCEDURE

Section 1.

For the purpose of this Agreement, a grievance shall be defined as: Any complaint by an
ESP covered by the Agreement that (1) he/she has been subject toa violation, inequitable
application or misinterpretation of a specific provision of this Agreement or (2) he/she has been
subjected to an unfair or discriminatory act contrary to established policy and practice.

Section 2.

The purpose of this procedure is to secure, at the lowest possible administrative level,
equitable solutions to the problems which may from time to time arise, affecting the welfare or
working conditions of staff. Both parties agree that these proceedings will be kept as informal
and confidential as may be appropriate at any level of this procedure. Consultation between the
Association and the superintendent is encouraged as a means of resolving problems.

Section 3.

Nothing herein contained will be construed as limiting the right of any ESP having a
grievance to discuss the matter informally with any appropriate member of the administration
and to have the grievance adjusted without intervention of the Association, provided the
adjustment is not inconsistent with the terms of this Agreement and that the Association has
been given the opportunity to be present at such adjustment above Level One and to state its
views. If the staff so chooses, a representative of the Association may be present at Level One.

Section 4.

No written communication, other document, or record relating to any grievance shall be filed
in the personnel file maintained by the School Department of the Town of Winthrop for any
staff involved in presenting such grievance.

Section 5.

Since 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 every effort should be made to
expedite the process. The time limits specified may be extended only by prior mutual
agreement. It is understood and agreed that no grievance, dispute, misunderstanding or
difference between the parties arising out of acts which occurred prior to the execution of this
Agreement shall be submitted to the Committee under the provision of this Article. It is
understood that any grievance pending at the conclusion of the contract will remain operative in

the subsequent contract period unless settled in negotiations.

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Section 6.

If at the end of the fifteen days next following either the occurrence of any grievance or the
date when the ESP should reasonably have had first knowledge of its occurrence, whichever is
later, the grievance shall not have been presented at Level One, as set forth below, the grievance
shall be deemed to have been waived. Such time limit may be extended by mutual agreement.

Level 1.
An ESP with a grievance will first discuss it with his/her principal or immediate

supervisor during non-teaching hours.

Level 2,
Ifat the end of three (3) school days next following such presentation, the

grievance shall not have been disposed of to the aggrieved’s satisfaction, the ESP may
file with the president of the Association a written statement of the grievance. Such
statement shall be reviewed with the ESP by the said president or his/her designee, and
if after such review the ESP so desires, the grievance shall be presented in writing by
the teacher to the superintendent or his/her designee within five (5) school days.

Level 3.
Ifat the end of ten (10) school days next following presentation of the grievance

in writing to the superintendent the grievance shall not have been disposed of to the
satisfaction of the ESP, the ESP may refer the grievance in writing to the chair of the
School Committee within five (5) school days.

The Committee or its designated representative and the ESP and, if the ESP so
elects, counsel and/or an authorized representative of the Association shall meet to
discuss the grievance as promptly as possible, normally within fourteen (14) school days
at a time mutually agreed upon by the chair of the School Committee and the president
of the Teachers’ Association.

If any person or persons are to represent the teacher at this meeting, the School
Committee will be informed in writing prior to three (3) school days before the meeting
of the titles and names (if possible) of such person or persons anticipated. The School
Committee or its designated representative shall elect whether this discussion shall take

place during working hours.

The School Committee will give its written answer to the grievance within ten
(10) school days following the conclusion of the meeting. Ifno satisfactory settlement
of the grievance is made, it may be appealed to arbitration by written notice of such
intention to appeal within ten (10) school days after the receipt of the written answer
under Level 3. This appeal to arbitration shall be in accordance with the procedure and

conditions set forth in Article IV.

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Section 7.

If there is a grievance which directly affects a group or class of ESPs or is of a general
nature, the Association may submit such a grievance in writing directly to the level of
administration having the appropriate authority to resolve said grievance. If appropriate, an
individual grievance may be filed directly at the lowest level of the administration having the

appropriate authority to resolve the grievance.

Section 8.

A grievance not initiated within the time specified shall be deemed waived. Failure of the
ESP filing the grievance to appeal a decision within the time limit specified will mean that the
gtievance shall be considered settled on the basis of the decision last made and shall not be

eligible for further appeal.

Failure of the School Committee to answer an appeal within the time limit specified shall
mean that the appeal may be taken to the next step immediately. The above limitations may be
waived by mutual agreement of the parties.

Section 9.

In the event a grievance is filed on or after June 1, which, if left unresolved until the
beginning of the following school year, could result in irreparable harm to a party in interest,
the time limits set forth herein will be reduced so that the grievance procedure may be
exhausted prior to the end of the school year or as soon thereafter as practicable. For
grievances being processed during the summer, the time limits stated in terms of school days
will be interpreted as referring to regular workdays (Monday through Friday, exclusive of any

legal holidays).

ARTICLE IV
ARBITRATION

Section 1.

In the event either party elects to submit a grievance to arbitration, the arbitrator shall be
selected according to and shall be governed by the following procedure:

The arbitrator is to be mutually selected by the Committee and the Association. If the
Committee and the Association cannot agree within seven school days after written notice of
intention to arbitrate has been received from the Association, then the Association shall within
five school days thereafter request the American Arbitration Association to provide a panel of
arbitrators, said arbitrator then to be selected under the provisions of the Voluntary Labor

Arbitration Rules.

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The parties may by mutual agreement choose to submit more than one grievance to the same
arbitrator.

Section 2.

Each party shall bear the expense of its representatives, participants, witnesses and for
preparation and representation of its own case. The fees and expenses (if any) of the arbitrator
and the American Arbitration Association shall be shared equally by the parties provided that
the obligation of the Committee and the Association to pay shall be limited to the obligation
which the Committee and the Association can legally undertake in that connection. In no event
shall any present or future member of the Committee or the Association have any personal

obligation for any payment under the provision of this Section.

Section 3.

The 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 decisions solely upon the facts,
evidence and contentions presented by the parties through the arbitration proceeding. The
arbitrator shall have no power to add to, subtract from, or modify any of the terms of this
Agreement, and in reaching his/her decision shall interpret the Agreement in accordance with
the commonly accepted meaning of words used herein and the principle that there are no
restrictions intended on the rights or authority of the Committee other than those expressly set
forth herein. Subject to the foregoing, the decision of the arbitrator shall be submitted to the
School Committee and the Association and shall be final and binding upon the Committee, the
Association and the teacher or group of teachers who initiated the grievance.

Section 4.

Notwithstanding anything to the contrary, no dispute or controversy shall be the subject for
arbitration unless it involves the interpretation or application of a specific provision of this

Agreement.

ARTICLE V
RIGHTS OF THE COMMITTEE

Section 1.

Tn recognition of the fact that the laws of the Commonwealth of Massachusetts vest
responsibility to the people of the Town of Winthrop in the Committee and the superintendent
for the quality of education in and the efficient and economical operation of the Winthrop
School System, it is herein agreed that except as specifically and directly modified by express
language in a specific provision of this Agreement, the Committee and the superintendent retain
all rights and powers that they have or may hereafter be granted by law in managing the school
department and directing the working force and may exercise the same at their discretion

WTA-ESP 9

without any such exercise being made the subject of a grievance except as expressly provided
herein.

Said rights and powers include but are in no way to be construed as limited to: the
establishment of rules and regulations; the right to determine the extent to which work will be
performed by members of the bargaining unit; the right to hire, fire, suspend, or in any other
manner discipline for just cause; to promote, demote, transfer permanently or temporarily; to
determine hours for and the number of employees required at any location; to determine the
qualification and competence of; to evaluate the performance of; to assign any added, lessened,
or different work or responsibility to; to set standards and requirements applicable to and make
determination of the number of steps and the eligibility for any in-step wage increases for; to
make any pay deduction because of absence, or failure to perform work by any employee
covered by this Agreement; and to introduce new or to change existing operational methods.

The above rights are reserved exclusively and solely as prerogatives of the Committee and
the superintendent, subject only to such limitations as are expressly provided for in this

Agreement.

ARTICLE VI
VACANCIES

Vacancies in positions covered by this Agreement shall be posted in each school. In any
case every vacancy will be posted in each school at least five (5) days prior to the close of ©
applications. Notice of all such vacancies and Unit A vacancies which occur during the
summer shall be posted in the Office of the Superintendent and copies sent to the president of
the Winthrop Teachers’ Association and to those educational support personnel! who have left
self-addressed envelopes for this purpose. Upon the posting of any vacancy, notification will
be e-mailed to all ESPs on the school department e-mail system.

ARTICLE VII

WORK YEAR AND WORK DAY
Section 1.

The work year for educational support personne! shall be one hundred and eighty two (182)
days. Effective for 2011-2012 school year and thereafter, any additional days negotiated into
the Agreement beyond the 182 days worked for 2010 — 2011 work year will be compensated at

the rate of .5% per each additional day.

Section 2.

The work day for educational support personnel shall be the hours that students are in
attendance except as stated in Section 7 below.

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Section 3.

Educational support personnel shall have a duty-free lunch period equal in length to the
teacher lunch period in the building to which the educational support personnel are assigned.
Educational support personnel may be assigned to administrative supervising on all but two (2)
days during each six (6) day cycle.

Educational support personnel will be entitled to a break exclusive of a lunch period. Such
break shall be scheduled with the agreement of the building principal. This break will be a
minimum of thirty-five (35) minutes duty-free per day.

Section 4.

It is recognized that many educational support persons have been hired and assigned for a
specific program and such assignment may change from time to time depending on the needs of
the students. The superintendent or building principal will be responsible for the assignment of

all educational support personnel in the system or his/her building.
Educational support personnel who serve as substitutes for teachers will receive one-fifth (1/5)

of the daily substitute rate for each period of substituting. This compensation will be over and
above their regular daily pay. An ESP who works in a classroom that is in need of coverage
will be given first opportunity to substitute, upon the discretion of the building principal.

Section 5.

All employees shall be required to sign in upon arrival at school each day and sign out if
they leave during the day. And educational support person may leave the building
when he/she has a free period or during a scheduled lunch period. He/she will sign out upon
leaving and will sign in when he/she returns. Educational support personnel will not have to
get permission from the building principal to leave during lunch time or a free period.

Section 6.

ESP’s will be provided with the opportunity to read the Individualized Educational Plan
(IEP) for the students to whom they provide direct services. In addition, ESP’s will be provided
with the opportunity to read the IEP for any student who has a behavioral plan, and will be

provided with any required restraint training on an annual basis.
An ESP assigned to work with a student may be given pertinent medical information by the
school nurse regarding the students’ needs to ensure the ESP is fully prepared to assist the

student.

Section 7.

Professional development will be provided for the ESP’s one full day a yeat and on two half
days a year. A professional development committee (at least two ESP’s and two
Administrators) will be established to plan this professional development. Each ESP must
attend ten (10) hours of professional development each school year or be subject to progressive

discipline.

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Section 8.

Every attempt will be made to provide schedules for ESP’s for the next school year prior to
the first day of school.

ARTICLE VIII

SICK LEAVE
Section 1

Sick leave for educational support personnel shall be thirteen (13) days effective on the first
day of school each year. Sick leave may be accumulated up to 139 days per year.

Section 2.

Each educational support person shall receive written notice of the total number of sick days
he/she has accumulated by October 1 each school year.

ARTICLE IX

TEMPORARY LEAVES OF ABSENCE
Section 1

Educational support personnel will be entitled to the following temporary leaves of absence
with pay:

(a) Time necessary for appearance at legal proceedings connected with an educational
support person’s employment or with the school system will be granted.

(b) While serving on a jury, educational support personnel shall be paid the difference
between their regular pay and jury pay.

(c) Up to five (5) consecutive calendar days will be granted at any one time in the event of
a death in the immediate family. Immediate family will include mother, father, brother,
sister, wife, husband, child, grandparents. An absence of two (2) days may be granted
applicable to an educational support person’s in-laws or the grandparents of his/her
spouse, unless said relative is a member of the immediate household, in which case

he/she shall be entitled to three (3) days.

(d) Up to three (3) days may be utilized for imperative personal business which could not
effectively be conducted outside of school hours. The first two (2) days will be
exclusive of sick leave, and the third will be deducted from sick leave. In the event
these days are not taken, the days will be added to the individual’s sick leave. Reasons
for such leave must be given at least forty-eight (48) hours before such absence occurs
whenever possible. In emergency situations, notice may be conveyed by telephone to
the superintendent and later reduced to writing.

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Section 2.

Additional personal leave may be granted from sick leave at the discretion of the
superintendent for compelling personal reasons, including religious observances.

The employee may use sick leave for purposes of disability certified by a physician as
requested by the school department.

ARTICLE X

FAMILY MEDICAL LEAVE

Section 1.

In accordance with the Family and Medical Leave Act of 1993, the Committee will provide
eligible employees up to twelve (12) weeks of unpaid leave in a twelve- (12) month period and
in accord with the Act.

Eligible employees shall be defined as set forth in the Act.

Section 2.
The following reasons qualify for leave:

(a) to care for a newborn or a newly-placed adopted or foster child;
(b) to care for a child, spouse, or parent with a serious health condition;
(c) to care for the employee’s own serious health condition.

Section 3. Substitution of Paid Leave

If leave is taken because of the employee’s own serious health condition, an eligible
employee must first exhaust any accrued paid sick leave and personal leave.

If leave is taken to care for a child, spouse, or parent with a serious health condition or to
care for a newborn or newly-placed adopted or foster child, an eligible employee must first
exhaust any accrued paid personal leave.

If the employee’s accrued paid leave is less than twelve (12) weeks, the remaining weeks
will be unpaid.

Section 4. Benefits During Leave

The Committee will maintain health coverage for an employee on leave under this policy at
the level and under the same conditions as the employee would have enjoyed if not on leave. If
the employee fails to return to work following the leave, unless the failure to return is

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due to the continuation, reoccurrence, or onset of a serious medical condition of himself/herself
or family, or other circumstances beyond the employee’s control, the employee on leave under
this policy will be responsible for the cost of health coverage during the period of leave.
Section 5.

The twelve- (12) month period shall be a rolling period.
Section 6.

Seniority shall accrue while an employee is on an approved FMLA leave.
Section 7.

The FMLA special rules that apply to local educational agencies shall apply.

Section 8, Extended Leave

In the event an employee desires a leave without pay longer than provided under the FMLA,
the procedure listed below will be followed:

(a) Such leave shall not be unreasonably denied.

(b) Such leave shall commence at a time corresponding with the beginning of a
semester or a vacation period and will expire on the September 1 following the
birth of a child or at a time agreed to by the employee and the superintendent.

(c) The date of anticipated return will be established with the superintendent at the
time the leave commences. In addition, the member of the Unit must notify the
superintendent in writing by the first of March in the calendar year in which the
leave expires of intention to return to the System. Failure to comply with this
requirement will be considered a resignation.

(d) At the time of return, a fitness for duty certificate will be required.
ARTICLE XI
ESP FACILITIES
The Association will have the right to use school buildings without cost, at reasonable

times, for meetings. To the extent possible, all educational support personnel will be givena
Winthrop Public Schools e-mail address.

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ARTICLE XII

PROTECTION

Any employee who is absent from work due to a work-connected accident or disability,
and who is receiving worker’s compensation, may at his/her option turn in his/her
compensation check and receive his/her regular weekly pay, in exchange for a deduction of one
half (1/2) day of sick leave for each day absent, to the extent he/she has such credits available.

ARTICLE XI
RETIREMENT

The School Committee will authorize deductions from the educational support person’s
paycheck for any retirement system for which the ESP is eligible.

Educational support personnel covered by this Agreement who have worked for ten (10)
years in the Winthrop School System shail, upon application, obtain an increase in
compensation in the final year of working in the following manner: all accumulated sick leave
shall be wiped off the books and in lieu thereof the annual salary schedule of the individual
concerned will be increased by fifteen (15) dollars per day for each sick leave day surrendered
up to:

2012-2013 120 days
2013-2014 125 days
2014-2015 130 days

ARTICLE XIV
INSURANCE

Section 1.

As long as the Town of Winthrop agrees to pay one-half (1/2) of the cost of the Harvard
Pilgrim Health Plan and one-half (1/2) the cost of a $2,000 life insurance policy and a $2,000
accidental death and dismemberment policy, details of which are covered in a supplementary
booklet, the School Department will deduct the employee’s share from payroll checks for

participating members on receipt of the proper authorization.

On the date of retirement, life insurance may be continued in the amount of $1,000, one- half
(1/2) to be paid by the retiree.

For the retired employee, the hospital-surgical-medical coverage may be continued through
the local pension group. If an individual does not desire to remain in the insurance plan, the
retired employee may secure his/her hospital-surgical-medical coverage under any conversion

contract offered by Harvard Pilgrim Health Plan.
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Section 2.

In the event the Town of Winthrop modifies its insurance plan, similar arrangements for
payroll deduction will be made available to all school personnel.

Section 3.

School personnel leaving the system at the conclusion of the school year are entitled to
remain in the Harvard Pilgrim Health Plan until August 31 of the current calendar year.

Section 4.

School personnel on unpaid leave of absence may remain in the appropriate health plan by
paying the entire premium due to the Office of the Town Treasurer to the extent allowed by the

policy and the law.

Section 5.

The Committee agrees that it will use its best efforts to defeat any attempt to change the
practice of the payroll deductions for health insurance on a pre-tax basis, provided remains
permissible under the law.

ARTICLE XV

EVALUATION

Section 1.

Observation of the work performance of an educational support person will be conducted
openly and with full knowledge of the educational support person. Educational support
personnel will be given a copy of any evaluation report prepared by their supervisors and will
have the right to discuss such report with their supervisors. Every educational support person
will be observed and will receive a written evaluation by the building principal at least once a

year and by the department supervisor at least once a year.

Section 2.

An educational support person will have the right, upon request, to review and duplicate the
contents of his/her personnel file. An educational support person will be entitled to have a
representative of the Association accompany him/her during such review.

Section 3.

No material relative to an educational support person’s conduct, service, character, or

personality will be placed in his/her personnel file unless the educational support person has
WTA — ESP 16

had an opportunity to review the material. The educational support person will acknowledge
that he/she had the opportunity to review such material by affixing his/her signature to the copy
to be filed, with the express understanding that such signature does not necessarily indicate
agreement with the contents thereof. The educational support person will also have the right to
submit a written answer to such material, and his/her answer shall be reviewed by the

Superintendent and attached to the file copy.

Section 4.

The Committee and the educational support personnel unit agree that upon ratification of
this Agreement, the parties will create a subcommittee on evaluation to review the evaluation

document and process.

ARTICLE XVI

GENERAL

Section 1.

No educational support personne! will be discriminated against because of race, creed, color,
political affiliation, religion, nationality, age, sex, or marital status.

Section 2.

There will be no reprisals of any kind taken against any educational support person by
reason of his/her membership in the Association or participation in its legitimate activities.

ARTICLE XVII
SEPARABILITY AND SAVINGS

Ifany Article or Section of this Agreement or any riders thereto should be held invalid by
operation of law or by any tribunal of competent jurisdiction, or if the compliance with or
enforcement of any Article or Section should be restrained by such tribunal pending a final
determination as to its validity, the remainder of this Agreement and any rider thereto, or the
application of such Article or Section to persons or circumstances other than those as to which
it has been held invalid or as to which compliance with or enforcement of has been restrained,
shall not be affected thereby. In the event that any Article or Section is held invalid or
enforcement of or compliance with which has been restrained as set forth above, the parties
affected thereby shall enter into immediate collective bargaining negotiations upon the request
of either party for the purpose of arriving at a mutually satisfactory replacement for such Article

or Section during the period of invalidity or restraint.

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ARTICLE XVIII
COURSE REIMBURSEMENT

Section 1.

The School Committee agrees to reimburse any unit member who has completed three (3)
years of service for up to nine (9) credit hours of course work during the fiscal year. Such
reimbursement amount shall be limited to fifty (50) percent of the cost of a state college tuition

including registration fees.

The course taken must have approval of the superintendent prior to enrollment in order to
qualify for reimbursement. Official transcripts of courses, including a grade of “B-“ or better
for each of the nine (9) semester hours, must be submitted to the Office of the Superintendent

prior to June 30 in order to receive such reimbursement.

Section 2.

Educational support personnel will be permitted to participate in previously-established
courses for certification or re-certification provided: (1) there is no cost to the Committee; (2)
space is available; and (3) the educational support person meets any qualifications necessary to
participate in the course.

Section 3.

A budget of $2,500 will be established for course reimbursement. Educational support
personnel who successfully complete a course will apply for reimbursement once the official
transcript is received.

ARTICLE XIX
LAYOFF LANGUAGE/RIF/RECALL

Section 1.

In the event that the School Committee decides to reduce the number of employees in the
unit, the Committee shall select employees for layoffs on the basis of seniority, that is, the least
senior employee(s) will be laid off.

Section 2.

Unit members selected for layoff shall be notified prior to June 1 of the school year prior to
the school year in which the layoff is to become effective.

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Section 3.

Unit members who are laid off shall be placed on a layoff/recall list for a period of twenty-
six (26) months. Whenever a vacancy should occur within the unit, the most senior employee
on the layoff/recall list shall be offered the vacant position, in order of seniority, before the
School Committee offers such vacant position to outside applicants.

Section 4.

Seniority shall be computed as unbroken length of service in months, weeks, and days, as an
employee within the unit. Authorized leaves of absence shall not constitute a break in seniority.

Section 5.

A seniority/recall list will be posted annually by October 1 and be subject to correction
through the grievance process,

Section 6.

In the event that two or more unit members have identical seniority, lots will be drawn to
establish relative seniority.

Section 7.

If reassignment of a unit member is necessary, seniority will be the guiding principle, but the
needs of the system will be determined by the Office of the Superintendent.

ARTICLE XX

SICK LEAVE BANK

Section 1.

Effective for the duration of this Agreement, a Sick Leave Bank will be established for use
by qualified members of the bargaining unit whose sick leave accumulation is exhausted
through serious prolonged illness/accident and who require additional leave to make full
recovery from an extended illness/accident.

Section 2.

Each member of the bargaining unit shall submit one (1) sick day of his/her personal
accumulation to the Sick Leave Bank to be utilized by employees who qualify and who have
exhausted their own individual leave, both annual and accumulated, and who still have a serious

extended illness.

WTA - ESP 19

Section 3.

Personnel shall not qualify for consideration of extended illness leave within the framework
of the Sick Leave Bank unless they have accumulated at least twenty (20) sick leave days (after
the submission required by Section 2). Once an employee has become eligible for the benefits
of the Sick Leave Bank, he/she shall continue such eligibility for the duration of this

Agreement.

Section 4.

The Sick Leave Bank shall be administered by a Sick Leave Bank Committee consisting of
two (2) members designated by the School Committee to serve at its discretion and two (2)
members designated by the Association to serve at its discretion.

Section 5.

Any sick leave granted under the provisions of this Article shall expire at the end of the
school year.

There shall be no accumulation or carryover to successive years of unused Sick Leave Bank
days beyond the term of this Agreement.

Section 6.

Sick Leave Bank days shall be available only after the infirmed employee has exhausted
his/her entire personal sick leave, both annual and accumulated.

Section 7.

All requests for grants from the Sick Leave Bank shail be in writing and shall be
accompanied by certification of a physician as to the illness and/or disability of the employee

and the anticipated extent of recovery time necessary.

Section 8.

Application for benefits may be made prior to the employee’s exhaustion of his/her personal
sick leave to expedite benefits, but drawing upon the Sick Leave Bank will not actually
commence until after the employee’s own sick leave days are exhausted and adequate medical

notification has been provided.

Section 9.

The initial grant of sick leave by the Sick Leave Bank Committee to an eligible employee
shall not exceed thirty (30) days. If additional days are needed, they must be requested in
writing and contain further certification by a physician.

WTA — ESP 20

Section 10.

The Sick Leave Bank Committee may request further evidence or a second physician’s
opinion before granting additional days from the Sick Leave Bank.

Section 11.

Subject to the foregoing requirements, the Sick Leave Bank Committee will determine the
eligibility for the use of the Sick Leave Bank and the amount of leave to be granted. The
following general criteria shall be considered by the committee in administering the Sick Leave

Bank and in determining the amount of leave:

(a) medical evidence of serious extended illness;
(b) prior utilization of eligible sick leave.

The decision of the Sick Leave Bank Committee with respect to eligibility and entitlement
shall be final and binding and not subject to appeal.

No days may be withdrawn from the Sick Leave Bank for any illness other than prolonged
illness or accident. Days may not be withdrawn to permit an individual to stay at home to care
for other members of the family, and in no instance may days be withdrawn for purposes of a

normal maternity.

Section 12.

This Article will remain in effect as long as the unit remains part of the Winthrop Teachers’
Association.

ARTICLE XXI

AGENCY SERVICE FEE

Section 1.

Pursuant to Massachusetts General Laws, Chapter 150E, Section 12, it shall be a condition
of employment that on or after the thirtieth (30th) day of employment in the bargaining unit, or
the effective date of this Agreement, whichever is later, each and every member of the
bargaining unit shall pay to the Association an agency service fee which shall be proportionally
commensurate with the cost of collective bargaining and contract administration. The agency

fee shall be deducted at each pay period.

Section 2.

In consideration of the School Committee’s agreement to an agency fee provision, the
Association hereby agrees to indemnify the School Committee, its agents, officers, and

WTA — ESP 20

employees and hold them harmless from any and all claims, demands, suits, back pay, interest,
or other forms of liability however denominated which may arise out of, or by reason of any
action by the School Committee, its agents, officers, and employees in entering into or taken to
enforce, or defend its enforcement of, said provision including discharge for nonpayment,
including all legal fees, costs, and damage awards incurred by the School Committee, its agents,

officers, and employees.

Section 3.

No request to dismiss or suspend an employee for nonpayment of an agency service fee shall
be honored so long as there is a dispute before the State Labor Relations Commission or a court
of competent jurisdiction as to whether the exclusive bargaining agent has complied with the
provisions of Massachusetts General Laws, Chapter 150E, Section 12 and 456 CMR 17:00.

ARTICLE XXII
SMALL NECESSITIES LEAVE ACT
Section 1.
Employees who are eligible for twenty-four (24) hours of unpaid leave pursuant to the Small
Necessities Leave Act (Massachusetts General Laws, Chapter 149, Section 52D) must
substitute any accrued paid personal leave for any of the leave provided under the Act.

Section 2.
To be entitled to leave, employees must provide notice to the Superintendent as follows:

(a) Ifthe need for leave is foreseeable, the employee must request the leave not later

than seven (7) days in advance.

(b) Ifthe need is not foreseeable, the employee must notify the employer as soon as
practicable under the particular circumstances of the individual case.

Employee’s Certification

I certify that on , | will/did take hours of
leave for the following purpose:

to participate in school activities related to the educational advancement of my
son or daughter;

to accompany my son or daughter to routine medical or dental appointments
such as check-ups or vaccinations;

to accompany an elderly relative to routine medical or dental appointments or
appointments for other professional services related to the elder’s care.

Employee’s Name: Date:

WTA - ESP 21

ARTICLE XXHI1

ELECTRONIC COMMUNICATION SYSTEM/NETWORK
ACCEPTABLE USE POLICY

The members of the bargaining unit will sign and follow the Winthrop Public Schools
Electronic Communication System/Network Acceptable Use Policy. A copy of the policy is
attached as Appendix B.

ARTICLE XXIV
ACCESS TO KEYS POLICY

To the extent members of the bargaining unit have been given access to keys to a school,
they shall sign for and be subject to the Access to Keys Policy. A copy of the policy is attached
as Appendix C.

ARTICLE XXV
PROBATIONARY PERIOD

Starting in September, 2005, all new employees covered by this Agreement shall serve a one
hundred eighty- (180) workday probationary period during which any discipline, suspension, or
discharge shall be in the sole discretion of the superintendent and/or his/her designee and shall
not be subject to the grievance and arbitration provisions of this Agreement.

No ESP shall be disciplined, discharged, reprimanded, reduced in rank or compensation, or
deprived of any professional advantage without just cause,

ARTICLE XXVI
CRIMINAL OFFENDER RECORD INFORMATION (CORI) REVIEW POLICY

In compliance with the provisions of Chapter 385 of the Acts of 2002, effective September
1, 2003, the Superintendent of Schools shall request and review CORI reports.

Employees shail be made aware that CORI reports concerning them are being requested. It
shall be a condition of employment for employees to complete the necessary forms to permit
the superintendent to obtain the CORI report for each employee.

CORI report review for individual employees shall take place not more than once every
three (3) years. Employees may, upon request, receive a copy of the CORI report received by
the Superintendent.

WTA - ESP 22

All CORI reports shall be kept in a separate, secure file maintained in the Office of the
Superintendent with only the superintendent and his/her executive secretary having access to
the CORI report with entries. CORI reports with entries shall be maintained with a blank cover
sheet over the CORI report. Upon termination of employment, an employee may request in
writing that he/she be given his/her reports. Such reports shall be given to the employee within

ten (10) days of the request. *

ARTICLE XXVII

VOLUNTARY AND INVOLUNTARY TRANSFERS

Section 1 — General

When a vacancy in an ESP position occurs, the position/school wil be posted and e-mailed
to all ESP’s,

A position vacant on or after April 1" may be filled for the remainder of a school year;
however, the position will become a vacancy on the last day of school in June so that ESP’s
presently employed will have an opportunity to apply for the position. A list of vacancies will
be posted on or before June 1", ESP’s interested may apply before June 15".

Section 2 — Voluntary Transfers

An ESP desiring a transfer from one building to another will submit a written request by
March 31* to the Superintendent with a copy to the ESP’s building principal stating the
assignment preferred an the reasons for the request to transfer.

Transfers will become effective at the beginning of the school year when deemed
appropriate by the Superintendent or his/her designee.

All requests for a transfer will be acknowledged in writing.

Section 3 — Involuntary Transfers

When an involuntary transfer has been made, the ESP will be notified in writing of the
decision prior to the first day of school. The ESP will have right to meet with the
Superintendent or his/her designee to discuss the transfer. The ESP may have an Association

representative present at the meeting.

WTA - ESP 23
ARTICLE XXVIII

DURATION

Section 1
This Agreement shall become effective as of September 1, 2012 and shall continue in full

force and effect until August 21, 2015, and from year to year thereafter unless either party
notifies the other prior to July 1,2014 or any July 1 thereafter of its desire to terminate or

modify this Agreement.

Section 2

During negotiations, the Committee and the Association representatives will present
relevant data, exchange points of view and make proposals and counter proposals as each
deems appropriate. Either party may, if it desires, utilize the services of outside consultants and
may call upon professional or lay representatives to assist in negotiations.;

IN WITNESS WHEREOF, the parties have set their hands and seal by their duly authorized
representatives this 10 day of September 2012.

WINTHROP TEACHERS’ ASSOCIATION WINTHROP SCHOOL COMMITTEE

Pauline M. Boyajian, President Gary Skomro, Chairman

ans 2 2 1 7)
won=§G8 Ankhwn=F OnrhonaF Manon a

a
Oanwna=

ESP
$ 13,939.00
$ 15,183.00
$ 16,010.00
$ 16,596.00
$ 17,525.00
$ 18,455.00

ESP
$ 14,148.00
$ 15,411.00
$ 16,250.00
$ 16,845.00
$ 17,788.00
$ 18,732.00

ESP
$ 14,219.00
$ 15,488.00
$ 16,331.00
$ 16,929.00
$ 17,877.00
$ 18,826.00

ESP
14,503.00
15,798.00
16,658.00
17,268.00
18,235.00
19,203.00

PAPAAA AH

ESP
14,829.00
16,153.00
17,033.00
17,657.00
18,645.00
19,635.00

PAA AA

APPENDIX A

WTA — ESP 24

WINTHROP ESP SALARY CHART

2011-2012 No change from 2010-2011

Highly Qualified
$ 15,294.00
$ 16,452.00
$ 17,224.00
$ 17,769.00
$ 18,633.00
$ 19,496.00

September 1, 2012 - March 1,
Highly Qualified
$ 15,523.00
$ 16,699.00
$ 17,482.00
$ 18,036.00
$ 18,912.00
$ 19,788.00

March 1 - June 30, 2013

Highly Qualified
$ 15,601.00
$ 16,782.00
$ 17,569.00
$ 18,126.00
$ 19,007.00
$ 19,887.00

2013-2014 2%
Highly Qualified
$ 15,913.00
$ 17,118.00
$ 17,920.00
$ 18,489.00
$ 19,387.00
$ 20,285.00

2014-4015 2.25%
Highly Qualified
16,271.00
17,503.00
18,323.00
18,905.00
19,823.00
20,741.00

PAA AHH

Associates
$ 20,328.00
$ 21,258.00
$ 22,187.00
$ 23,128.00
$ 24,046.00
$ 24,976.00

2013 1.5%

Associates
$ 20,633.00
$ 21,577.00
$ 22,520.00
$ 23,475.00
$ 24,407.00
$ 25,351.00

5%
Associates

$ 20,736.00

$ 21,685.00

$ 22,633.00

$ 23,592.00

$ 24,529.00

$ 25,478.00

Associates
21,151.00
22,119.00
23,086.00
24,064.00
25,020.00
25,988.00

PAAH AH

Associates
21,627.00
22,617.00
23,605.00
24,605.00
25,614.00
26,573.00

PAPA A HA

RAAPAPAA AH

PAA AAA PAAR HH PAAAAA

PAA HA

Bachelors
21,361.00
22,280.00
22,686.00
24,140.00
25,069.00
25,976.00

Bachelors
21,671.00
22,614.00
23,026.00
24,502.00
25,445.00
26,366.00

Bachelors
21,779.00
22,727.00
23,141.00
24,625.00
25,572.00
26,498.00

Bachelors
22,215.00
23,182.00
23,604.00
25,118.00
26,083.00
27,028.00

Bachelors
22,715.00
23,704.00
24,135.00
25,683.00
26,700.00
27,636.00

WTA — ESP 25

Stipend Position(s)

The Association and the Administration agree that any ESP who participates in the two fund
raiser activities during the school year will be paid $400.00 over and above his/her regular pay.

APPENDIX B

ELECTRONIC COMMUNICATION SYSTEM/NETWORK
ACCEPTABLE USE POLICY

It is the policy of the Winthrop Public Schools that staff will use the school district’s
electronic communication system/network (“system/network”), including the Internet, voice
mail, and e-mail, in a responsible, legal, and ethical manner. Failure to do so or otherwise to
comply with this Acceptable Use Policy may result in the suspension or termination of
system/network privileges for the user, disciplinary action up to and including discharge, and/or
prosecution under federal or state law.

PURPOSE

The system/network is the property of the school district and is intended to be used for
business purposes only. This may include using the system/network to conduct research and to
communicate with others concerning educational and business matters.

ACCEPTABLE USE

Use of the system/network is a privilege, not aright. Any use of the system/network must
be consistent with, and directly related to, the educational objectives and business purposes of
the Winthrop Public Schools. A violation of the terms of this Acceptable Use Policy may result
in the suspension or termination of system/network privileges, and also may result in other
disciplinary action, consistent with any applicable collective bargaining agreements, statutes, or
district-wide disciplinary policies. Users should be aware that violation of these provisions that
constitute a crime also may result in criminal prosecution.

The following conduct violates the Acceptable Use Policy:

(a) using the system/network for personal or recreational purposes or activities;

(b) sending “chain letters” or “broadcast” messages to: lists or individuals, or
subscribing to “listserves” or “newsgroups,” without permission;

(d) using the system/network to buy, sell, or advertise anything, without permission,

(e) using the system/network for gambling purposes;

(f using the system/network for political campaigning purposes, including but not
limited to attempts to influence ballot questions or to promote or oppose a
candidate for public office;

WTA - ESP 26

(g) using or transmitting profane, obscene, vulgar, sexually explicit, threatening,
defamatory, abusive, discriminatory, harassing, criminal, or otherwise
objectionable messages or materials via the system/network; employees are also
prohibited from visiting Internet sites posting such materials and from
downloading or displaying.such materials;

(h) _ using the system/network ior illegal purposes, in support of illegal activities, in a
manner that violates any federal or state law, or for an activity prohibited by
school district policy, including but not limited to the spreading of computer
viruses;

(i) using another person’s password or pretending to be someone else when using the
system/network;

Gj) accessing, reading, altering, deleting, or copying another user’s messages or data
without express written approval;

(k) attempting to gain unauthorized access to system/network programs or computer
equipment, including attempts to override, or to encourage others to override, any
firewalls established on the system/network;

(1) _ installing software or data on the system/network without first having the
information scanned by the system/network administrator for viruses or other

incompatibility.

Employees are required to comply with copyright, software licenses, and intellectual
property laws. The school district strongly condemns the illegal distribution (otherwise known
as “pirating”) of software. Any users who are caught transferring such files through the
network, and whose accounts are found to contain such illegal files, shall have their
system/network privileges terminated. In addition, all users should be aware that software
piracy is a federal offense and is punishable by a fine or imprisonment.

MONITORED USE

All messages and information created, sent, or retrieved on the system/network are the
property of the Winthrop Public Schools, and should not be considered to be confidential. The
system/network’s backup mechanism automatically stores communications, including those
that employees “delete.” Although the school district does not plan to review such
communications on a regular basis, it reserves the right to access and monitor all messages and
information on the system, as it deems necessary and appropriate in the ordinary course of
business, to prevent abuse by employees, to exisure the proper use of resources, and to conduct
routine maintenance. Where appropriate, communications, including text and images, may be
disclosed to law enforcement officials in response to proper requests, or to other third parties in
the context of proper requests in the course of litigation, without the prior consent of the sender
or receiver. Employees who use the system/network are considered to have consented to such

monitoring and disclosure.

The system/network is not to be considered as a resource intended for use as a public forum
or for any purpose that is not directly related to the school district’s business interests.

WTA — ESP 27

E-mail messages are public records, subject to disclosure under Massachusetts General Laws,
Chapter 66, Section 10. E-mail communications, therefore, should be printed and maintained in
hard copy in the school district’s files, so that they can be made available to the public, upon

request, for inspection or copying.

Employees should avoid sending documents or information containing confidential
osensitive material, such as student record and personnel information, via the system/network,
due to concerns relating to the security of such documents or information.

Employees should not discuss litigation in e-mail messages, because such messages are not
privileged and are subject to discovery in litigation against the school district.

LIABILITY
The Winthrop Public School System assumes no responsibility or liability for:

(a) any unauthorized charges or fees incurred as a result of an employee’s use of the
system/network, including but not limited to telephone charges, long distance
charges, per minute surcharges, and/or equipment or line charges;

(b) any financial obligations arising out of the unauthorized use of the network for the
purchase of products or services;

(d) any cost, liability, or damages caused by a user’s violation of this Acceptable Use
Policy, or any other inappropriate use of electronic resources of the Winthrop

Public Schools.

The Winthrop Public School System makes no guarantee, implied or otherwise, regarding
the reliability of the data connection, and shall not be liable for any loss or corruption of data
resulting while using the system/network.

EMPLOYEE CONFIRMATION OF RECEIPT

I certify that I have received, been provided an opportunity to ask questions
about the coatent of, and understand the Electronic Communication System/Network

Acceptable Use Policy of the Winthrop Public School System.

I acknowledge that the Winthrop Public School System telecommunication system,
including but not limited to voice mail, fax mail, electronic mail, and access to the
Internet is Winthrop Public School System property and by my use of the system consent to
the monitoring of the system.

I further acknowledge that my continued access to the telecommunication system is

WTA - ESP 28

conditioned upon strict adherence to the policy. Any violation of this policy or use of the
Winthrop Public School System telecommunication system for improper purposes shall subject
me to discipline, up to and including discharge.

Employee Name
Employee Signature Date
APPENDIX C
ACCESS TO KEYS POLICY
L , an employee at the School

in Winthrop, Massachusetts, acknowledge that I have been given keys to the

School. I understand and agree that as a recipient of the keys to the

school, I may access the school as needed in order for me to perform my job. I further
understand that I am not permitted to make additional sets of keys without authorization from

, nor am I permitted to transfer, give, or loan the keys to any

individual who has not been authorized by , principal of the

School to receive a set of keys. A violation of this policy may subject me

to discipline.

! Employee Name

Employee Signature Date

WTA — ESP 29

APPENDIX D
SIDE LETTER OF AGREEMENT

The principals of each school will be directed to develop a plan to address situations where
an educational support person is required to report before and/or stay after the normal school

day.

APPENDIX E

LETTER OF UNDERSTANDING

| THE WINTHROP SCHOOL COMMITTEE AND THE WINTHROP TEACHERS’
ASSOCIATION (ESP UNIT) AGREE THAT:

Upon the recommendation of the Superintendent and approval of the School Committee, the
school-age children of non-resident educational support personnel employed by the Winthrop
Public Schools may enroll, without charge for tuition, in the Winthrop Public Schools, subject
to the following conditions:

(a) The child may attend the Winthrop Public Schools only after a determination has
been made that there is an available seat. If the number of non-resident students
seeking acceptance exceeds the number of available seats, the students shall be
selected by lottery. The Committee shall be under no obligation to overcrowd a
classroom or hire additional staff to fulfill the terms of this side letter.

(b) The Winthrop School Committee shall be under no financial obligation or liability
for any Chapter 766, bilingual, or other special program expense in regard to such
non-resident children.

(d) A non-resident child enrolled in the Winthrop Public Schools pursuant to this
Letter of Understanding may remain in the school system as long as: (1) the
parent is employed by the Winthrop Public Schools; (2) the child abides by the
rules and regulations of the School System; (3) there is no additional cost to the
Winthrop Public Schools under paragraphs (b) and (c); and (4) the terms of this
Letter of Understanding remain in effect.

An individual educational support person, with or without the Winthrop Teachers’
Association, may request to meet with the School Committee to review an unfavorable
decision; however, any decision of the School Committee made pursuant to the terms of this

WTA — ESP 30
Letter of Understanding shall not be gtievable or arbitrable.

The effective dates of this Letter of Understanding shall be September 1, 2012, through
August 31, 2015.