MASTER AGREEMENT
Between The
Pilgrim Area Collaborative
BOARD OF DIRECTORS
and
Pilgrim Area Collaborative
PARA-PROFESSIONAL ASSOCIATION
Effective:
August 24, 2015 - June 30, 2018
Ratified:
Paraprofessional Staff Association – June 11, 2015
Board of Directors – June 18, 2015
TABLE OF CONTENTS
ARTICLE I
RECOGNITION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
ARTICLE II
NEGOTIATION PROCEDURE. . . . . . . . . . . . . . . . . . . . . . . . 3
ARTICLE III
COMPLAINT MANAGEMENT . . . . . . . . . . . . . . . . . . . . . . . . 4
ARTICLE IV
SALARIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
ARTICLE V
WORKING CONDITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . 7
ARTICLE VI
ASSIGNMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
ARTICLE VII
LEAVES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
ARTICLE VIII
INSURANCE PLAN. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
ARTICLE IX
GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
ARTICLE X
USE OF PILGRIM AREA COLLABORATIVE FACILITIES. . . . . . 16
ARTICLE XI
AGENCY ASERVICE FEE. . . . . . . . . . . . . . . . . . . . . . . . . . . 16
ARTICLE XII
EVALUATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
ARTICLE XIII
GENDER - TERM OF AGREEMENT . . . . . . . . . . . . . . . . . . . . 17
ARTICLE XIV
RIGHTS OF MANAGEMENT . . . . . . . . . . . . . . . . . . . . . . . . . 18
Appendix A -
Job Description . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Appendix B -
Salary Schedules (2015-2018) . . . . . . . . . . . . . . . . . . . . . . 21
Appendix C -
Para-Professional Staff Contract . . . . . . . . . . . . . . . . . . . . . 22
Appendix D -
Grievance Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
AGREEMENT
Pursuant to applicable provisions of the General Laws of the Commonwealth of Massachusetts as they
pertain to Special Needs Collaborative, this Agreement is made this 4th day of June, 2015, to be
effective for all purposes as of August 24, 2015 and govern the school years 2015-2018, by the Board
of Directors of the Pilgrim Area Collaborative (hereinafter sometimes referred to as the Board) and the
Pilgrim Area Collaborative Para-Professional Association (hereinafter sometimes referred to as the "PPA"
and/or the "PAC-PPA" or as the "Association").
Members of the bargaining unit represented by the PAC-PPA hereinafter shall be referred to as
"Para-Professionals," "Para-Professional Staff," "Para-Professional Staff persons," and/or "Staff person."
Members of the Para-Professional Association may be referred to as "Members," "PPA Members" and
"Staff Members."
WITNESSETH
Whereas the Board and the Association, in the manner and to the extent provided in this Agreement,
desire to enter into an agreement relating to the Para-Professional Staff members covered by this
Agreement as indicated in Article I.
Now therefore, in consideration of the mutual agreements contained herein and the performance by each
of the parties to this Agreement of all the provisions and obligations hereinafter set forth, the Board and
the Association, for itself and as the representative of the Para-Professional Staff, hereby mutually and
jointly agree as follows:
PREAMBLE
Recognizing that our prime purpose is to assist in providing education of the highest quality possible for
the students of the Pilgrim Area Collaborative, and that good morals among the Para-Professional Staff
of the Pilgrim Area Collaborative is essential to achievement of that purpose, we, the undersigned parties
to the AGREEMENT, declare that
a.
Under applicable laws of Massachusetts, the Board has final responsibility for establishing the
educational policies of Pilgrim Area Collaborative;
b. The Executive Director of the Pilgrim Area Collaborative has responsibility for carrying out the
policies so established; and
c. The Para-Professional Staff of the Pilgrim Area Collaborative are responsible for assisting the
Classroom Teacher Professional Staff person fulfilling the responsibilities outlined in the
Para-Professional Job Description.
-2-
ARTICLE I
RECOGNITION
1.1
For purpose of collective bargaining with respect to wages, hours, other conditions of
employment, the negotiation of collective bargaining agreements, and any question arising
thereunder, the Board recognizes the Association as the exclusive bargaining agent and
representative of the Para-Professional Staff of the Pilgrim Area Collaborative.
1.2
Except as specifically abridged, delegated, granted or modified by this Agreement
or
any
supplement thereto, or by the General Laws of Massachusetts, as they pertain to Special Needs
Collaborative, all the rights, powers and authority held by the Board prior to the effective date of
said Agreement are retained by the Board and the exercise of said rights, powers and/or authority
shall not be subjected to the grievance procedure
and/or arbitration.
-3-
ARTICLE II
NEGOTIATION PROCEDURE
2.1
The Association may, at any time following October 1 of the calendar year preceding the calendar
year in which the Agreement expires, notify the Collaborative’s Board of Directors and indicate
that it is interested in beginning negotiations over a successor collective bargaining agreement.
Upon receipt of the request to begin negotiations, the Board will begin negotiations with the
Association within a reasonable period of time thereafter. Such negotiations will include, but not
be limited to, the handling of grievances, salaries, fringe benefits, and duty hours.
Any
agreement so negotiated will apply to all Para-Professional Staff persons, whether or not such
Person is a member of the Para-Professional Association, and will be reduced to writing and
signed by the Board and the Association.
2.2
During negotiation, the Board and the Association will present relevant data, exchange points of
view, and make proposals and counter-proposals. Either party may, at their own expense, if it
desires to retain the services of outside consultant(s) and may call upon professional and lay
representatives to assist in negotiations. Any expense incurred by such consultant(s) will be paid
by the side that requested said consultant(s).
2.3
If the negotiations described in this article reach an impasse the procedure described in
Chapter 150 E will be followed.
ARTICLE III
COMPLAINT MANAGEMENT
3.1
3.2
Definitions
a.
A grievance is defined as being only those claims or disputes which allege a specific and
direct violation of the express language of the provisions of this agreement. The grievance
must contain the nature and facts of the grievance, the section of the contract allegedly
violated and the remedy sought. Grievances will be submitted on the approved Grievance
Form outlined in Appendix D.
b.
An “aggrieved person” is the person or persons making the claim.
c.
For purposes of this Section, school days shall remain the operative measure of time from
the day school opens for Paraprofessional Staff through June 30; on July 1 through to the
day prior to the opening of school for Paraprofessional Staff, the measure shall be normal
working days, Monday through Friday, excluding recognized holidays.
Time Limits
a.
The time limits specified in this Article may be extended by written or oral agreement of
both parties. In the absence of such an agreement, however, failure to comply with the
above time limits for instituting and pursuing grievances shall be conclusively deemed to
be a waiver by the Union of all rights under this Article, and failure to answer in a timely
fashion will be deemed a denial by the Collaborative, authorizing the Union to proceed to
the next step.
-4-
3.3
b.
The Arbitration shall be conducted by the American Arbitration Association or another
mutually satisfactory entity under its existing rules of procedure. The decision of the
Arbitrator shall be final and binding upon the parties except that the Arbitrator shall make
no decision which alters, amends, adds to or detracts from this Agreement or which
modifies or abridges the management rights perogatives of the Collaborative and/or the
Executive Director.
c.
In a retroactivity dispute, the Arbitrator’s award shall not be retroactive beyond the
occurrence of the events giving rise to the instant grievance.
d.
No grievance of any nature whatsoever which has been or is being adjudicated under the
laws of the Commonwealth or before an administrative agency may be taken up and
determined under the grievance and arbitration provisions of this Agreement.
e.
An Arbitrator shall not have the power to render a decision concerning any matter which
has not been presented in accordance with the procedures set forth above. Failure on the
part of the employer to answer a grievance at any step shall not be deemed acquiescence
thereto, and the aggrieved party must proceed to the next step to preserve the grievance.
If the action required to process a grievance to each step in the procedure outlined herein
is not taken within the time limits specified herein, the grievance shall become waived.
The purpose of the Complaint Management Process is to resolve issues regarding the welfare of
the employee or his/her working conditions at the lowest administrative level as possible. If a
Para-Professional feels he/she has been treated unfairly, that person as an ‘aggrieved person’
should pursue the following steps. The aggrieved person shall at all times during the grievance
process have a right to assistance from a member or members of the Para-Professional Staff
Association (PAC-PPA), including without limitation, the right to have said fellow member(s) and
counsel present with him/her during discussions and meetings.
Failure on the part of either party to answer a grievance at any step shall not be deemed
acquiescence thereto, and the aggrieved party must proceed to the next step in order to preserve
the grievance. If the action required to process a grievance to each step in the procedure
outlined herein is not taken within the time limits specified herein, the grievance shall become
invalid and shall not be processed further under the grievance and arbitration provisions of this
article.
Step 1:
Within five [5] days of the grievance the member will meet with the Executive
Director to attempt to resolve the situation.
Step 2:
If after the initial meeting the aggrieved person is not satisfied with the
resolution, he/she should submit, in writing, the grievance to the Chairperson of
the Board of Directors within five [5] school days after the Step 1 meeting. Within
ten [10] days, the Chairperson or designee from the Board will arrange a meeting
with the aggrieved person. The Chairperson or designee shall answer the grievance
in writing within seven [7] days from the date of the next Board of Director’s
Meeting or the close of the Step 2 discussion, whichever is later.
Step 3:
If the aggrieved person is not satisfied with the resolution or outcome at Step 2,
he/she may re-submit the grievance to the Chairperson of the PAC PPA within
seven [7] days of receipt of the Level Two answer. At this time, the Chairperson
shall arrange for the aggrieved person to meet with the Board or its designated
subcommittee (hereinafter referred to as “the Board”) within 15 school days
after the written grievance has been referred in an effort to resolve the grievance.
-5-
The Board shall answer the grievance in writing within seven [7] days of its receipt
of the referral or the close of the hearing, whichever is later.
Step 4:
If after Step 3, the Association is still unsatisfied with the decision, it may within
five [5] school days after the Board's written response, submit the grievance to
arbitration. At this time, the arbitrator shall only resolve the grievance at issue.
The expenses for the arbitrator shall be shared equally between the Board and the
PPA. With the agreement of both parties, the time frame may be extended for a
response to and/or meeting concerning any grievance dispute. The arbitrator shall
have the authority to settle only a grievance which concerns the misinterpretation
or misapplication or violation of the expressed terms of the Contract. The
arbitrator shall have no power to add to, subtract from, or modify this Agreement.
-6-
ARTICLE IV
SALARIES
4.1
The salaries, including step increases, for all persons covered by this Agreement, are set forth
in the Appendix B attached hereto and made part hereof to include an across-the-board
increase in salary as follows (Part-Time positions are pro-rated according to scale):
(i)
(ii)
(iii)
4.2
2015-2016:
2016-2017:
2017-2018:
Zero Percent (0%) with step increases;
Two Percent (2%) with step increases; and
Two percent (2%) together with step increases.
Full Time Para-Professional staff may be paid in twenty-two [22] equal installments or in
twenty-six [26] installments during the School Year. The Administration shall distribute a
form to each Para-Professional prior to the close of school in June requesting each
Para-Professional to select a salary payment schedule for the following School Year.
Para-Professionals, who do not indicate a selection by the close of the School Year, shall be
paid in twenty-six [26] equal installments during the School Year. Part Time
Para-Professional Staff will be paid bi-weekly according to hours worked.
The salary of a paraprofessional who leaves the service of the Pilgrim Area Collaborative before
the termination of the school year, or who begins his/her service in the Pilgrim Area Collaborative
after the regular school year has begun, will be paid the effective daily rate of the annualized
salary for the position based on the number of work days in the work year multiplied by the
number of days actually worked. In the event of termination of service for any cause at the end
of or at any time during the school year, amounts of salary earned but withheld to date of
termination shall be payable to the educator, or in the event of his/her death, to his/her estate.
It is acknowledged that reconciliation for payments for actual time worked may in some cases
result in an educator being paid in advance and owing a return payment to the Pilgrim Area
Collaborative.
4.3
All payments of payroll related items to any paraprofessional will be made by direct deposit to a
bank account of the paraprofessional’s choosing. Paraprofessionals will have access to a paperless
pay stub in connection with any direct deposit made. All paraprofessionals will be responsible to
provide the Pilgrim Area Collaborative’s Business Office within sixty (60) days of the execution of
this Agreement.
4.4
The Board shall use the individual contract outlined in Appendix C – Paraprofessional
4.5
Para-Professionals who are employed by the Pilgrim Area Collaborative less than full time
(i.e., less than 34 hours per week) shall be placed on the appropriate step of the
Para-Professional Salary Schedule, but on a prorated basis. To be eligible for medical insurance
an individual must be employed for at least twenty [20] hours per week, unless such requirement
is changed by the Collaborative Board. No benefits shall be available to part-time employees
working less than twenty [20] hours per week.
4.6
Full or part time Staff who work 91 or more work days in a given year without a break in service
due to a resignation, retirement or termination will advance to the next step of the Salary
Schedule in the following year, assuming they have had a positive evaluation. Staff who do not
have a positive evaluation in a given year and/or who have worked less than 91 days in a given
year will in their next year of service be retained on the same step of the Salary Schedule as they
had most recently been. For purposes of this section, "work days" shall not include any sort of
leave days whether with or without pay, and will include only days actually on the job.
-7-
4.7
Paraprofessionals covered by this Agreement shall be granted one time lump sum longevity
payments for continuous service in the Pilgrim Area Collaborative according to the following
provisions:
After
After
After
After
After
10
15
20
25
30
years:
years:
years:
years:
years:
$100.00
$200.00
$300.00
$400.00
$500.00
Payments due pursuant to this article will be made on the last payroll date of the school year
in which the specified years of service for longevity are achieved.
ARTICLE V WORKING CONDITIONS
5.1
Para-Professional staff person's work year shall be 182 days (180 school days, 1 set up day
prior to the start of the school year, and one professional development day).
5.2
Para-Professional Staff Work Duty Hours
a.
Effective the start of school for the 2013 -2014 academic year, and thereafter, Full-time
Para-Professional staff shall have a work week of a minimum 34 hours, with schedules to
be approved by the Executive Director (or their designee). Paraprofessional staff may be
required to increase their daily work schedule by a maximum of one-half (1/2) hour per
day to meet the increased length of the students’ day. Starting and ending times shall be
determined by the Executive Director (or their designee).
(1)
(2)
Para-Professional staff may be required to attend one evening Open House
each School Year without compensation provided they have been given 5 days’
notice.
All Para-Professional staff are entitled to a thirty [30] minute duty free lunch
(on the school premises). Class coverage will be arranged in cooperation with
the classroom teacher.
(3)
Para-Professional staff may leave school at the regular student dismissal times
(after all students in their respective classroom have left) on Fridays and the
day preceding a holiday or a vacation, excluding summer vacation.
(4)
Para-Professional staff may be required to remain after the end of the regular
work day for up to one hour, four times per year, to attend inservice training.
These trainings shall be mandatory and Para-Professional Staff shall be
compensated for their time beyond their normal work day, at their current rate
of pay.
(5)
Para-Professionals may be asked to attend classroom meetings for the
purposes of instructional planning, behavioral intervention, classroom
management, or any topic related to the delivery of services to students.
Paraprofessional schedules will be altered by the teacher and/or program
coordinator to accommodate this time.
-8-
b.
5.3
5.4
Additional Compensation
a.
One Para-Professional staff shall be compensated $30.00 per day in addition to his/her
regular pay if a substitute is hired in a teacher’s absence. One Para-Professional staff
shall be compensated $50.00 per day in addition to their regular pay if a substitute
cannot be secured in the event of a teacher’s absence.
b.
Absence of the Classroom Teacher shall be defined as absence from the building in which
the classroom is located or lack of availability of the Teacher in the classroom for more
than 3.5 hours per day.
Liability
a.
5.5
For all Full Time Para-Professional staff employed as of June 24, 1992, Full time
Para-Professional positions (e.g. Learning Skills Assistant Positions, Teaching Assistant
Positions, Senior Teaching Assistant Positions, and Vocational Assistant Positions) will not
be made into two part time positions.
All Para-Professionals will be covered by the Collaborative's current liability
insurance policy.
Travel Reimbursement
a. Beginning on the effective day of this Agreement, Para-Professional staff will be
reimbursed at a rate of $0.41 per mile for all travel mileage necessitated to fulfill
direct service commitments to students as required by their work assignment,
provided that said schedules are approved by the Executive Director. Effective for the
2013-2014 school year the above referenced mileage reimbursement rate shall be
increased to $0.42. Effective for the 2014-2015 school year the above referenced
mileage reimbursement rate shall be increased to $0.45 per mile.
b. Reimbursement for travel outside the category of direct service to students shall be at
the discretion of the Executive Director.
5.6
Personal Injury Benefits
a.
5.7
Whenever a Para-Professional Staff person is absent from school as a result of a personal
injury (caused by an accident or assault) occurring in the course of the Staff person's
employment, the Para-Professional will be paid his/her full salary (less the amount of any
Worker's Compensation Award made for temporary absence due to said injury) for the
period of such absence, provided, however, that such difference shall be chargeable to
sick leave on a fractional day basis. If any salary or portion thereof is paid back to the
Collaborative by the employee, Sick Leave will be reinstated accordingly.
Personal Business During Working Hours
Para-Professional Staff may not leave the school building they are working in for personal
business during working hours without authorization from the Executive Director or Program
Coordinator/Director.
-9-
5.8
Damage to Eyeglasses
The Board agrees to reimburse a Para-Professional in the event that his/her eyeglasses are
damaged/destroyed in the scope of employment. Reimbursement is limited to the sum of
$400.00 per incident and only provided if and when not covered by worker’s compensation
insurance. Reimbursement shall be at the discretion of the Executive Director.
ARTICLE VI
ASSIGNMENTS
6.1
6.2
Assignment and Transfers
a.
A paraprofessional may request an internal transfer of assignment by contacting their
Program Coordinator/Director or Executive Director. Transfers will be considered, but
will only be implemented in keeping with the best interest of our students.
b.
Para-Professional Staff assignments and transfer shall be made without regard to
age, sex, gender identity, race, creed, color, religion, nationality or marital status.
Vacancies
a.
6.3
a.
Whenever any vacancy occurs in a Para-Professional position the following procedure will
be followed:
(1)
If the vacancy occurs during the school year, notice of such vacancy shall be sent
to each paraprofessional via their PAC e-mail, and posted internally for three [3]
days.
(2)
Vacancy appointments will be made at the discretion of the Executive Director
with consideration given to qualified currently employed Para-Professionals.
Reduction in Force
If a reduction in force is necessary, reduction of the Para-Professional Staff person will be
made with consideration of seniority, program needs, positive evaluation, and possession
of the necessary qualifications. The final decision for reduction of force is at the discretion
of the Executive Director.
b.
The laid off Para-Professional whose position is eliminated may be transferred to a
position which is vacant and for which the employee is the most qualified available
Para-Professional.
c.
A Seniority List shall be published by the Pilgrim Area Collaborative and submitted to the
Association for correction (with documents available to support same) no later than
January of the current School Year. The Seniority List shall indicate the employee's initial
start date. Seniority is defined as the length of continuous service to the PAC. Time spent
on paid leaves of absence shall count towards seniority. Time spent on authorized unpaid
leaves of absence shall not count toward seniority, but it shall not break the seniority
which has already been earned. Seniority shall be broken by resignation, retirement, or
termination. However, if a person has been laid off from PAC they shall retain years
served at the Collaborative, which shall be counted towards seniority.
- 10 -
6.4
Dismissal of Para-Professional Staff
a.
Given written documentation, the Executive Director may dismiss a Para-Professional
Staff person for unsatisfactory performance, unsatisfactory attendance or conduct that
is judged to be detrimental to the welfare of the students. Upon notification of the
intent to dismiss, a Para-Professional Staff person will be granted a review hearing
within five [5] working days before the Personnel Sub-Committee and the Executive
Director. At the discretion of the Executive Director a Staff person may be suspended
with pay until a decision is made by the Personnel Sub-Committee. The Staff person
will receive written notification no less than one working day prior to the hearing. The
Staff person may be represented and present evidence to the Personnel
Sub-Committee. The Personnel Sub-Committee may terminate employment
immediately or initiate a probationary period. If the Para-Professional is placed on
probation, the Executive Director will observe the Para-Professional at least once
during the probationary period in order to insure a fair evaluation of the
Para-Professional. The length of the probationary period will be determined by the
Personnel Sub-Committee not to exceed two months.
ARTICLE VII
7.1
Sick Leave
LEAVES
a.
Each Para-Professional Staff person covered by this Agreement shall receive full pay for
fifteen days of absence for illness or injury for each school year except as noted in "d".
b.
Unused sick days may be accumulated up to one hundred eighty [180] days.
c.
Sick Leave is granted if a Para-Professional Staff person is unable to work because of
sickness or injury. A maximum of five [5] days sick leave per school year may be used for
a serious illness in the immediate family, which shall include the Staff person's spouse,
child, son-in-law, daughter-in-law, parent, father-in-law, mother-in-law, sibling or other
resident member of the Staff person's household.
d.
During the first year of employment, sick leave is accumulated at the rate of 1.5 days per
month earned at the end of each month.
e.
For planned sick leaves due to surgery or medical treatment, a letter must be submitted
to the Executive Director indicating the anticipated start and end dates. The Executive
Director, the Business Manager, or either of their designee, will request a doctor’s note
from a physician after four [4] consecutive school working days of absence.
f.
Paraprofessional staff who are leaving and who have worked at the Collaborative for a
minimum of 10 years and who have accrued a minimum of 70 unused days of sick leave,
shall be entitled to sick leave buyback. The entitled buyback is equal to 5% of the
accumulated sick days up to 100 days at the current rate of pay.
- 11 -
7.2
Sick Bank
a.
7.3
Bereavement Leave
a.
7.4
7.5
Each Para-Professional Staff person shall be granted up to five [5] work days of
bereavement leave with pay in the event of a death in the immediate family [spouse,
child, parent, sibling, in-laws, and grandparents]. For other relatives, leave will be granted
at the discretion of the Executive Director.
Personal Leave
a.
Each Para-Professional Staff person have available to them one [1] day per school year
with pay to attend necessary personal business which cannot be carried out after school
hours, only if a.) the paraprofessional has given (3) three days notification using the Staff
Leave Form; b.) justification is provided using the Staff Leave Form for why the business
cannot be conducted outside of the school day; and c.) the Program Coordinator/Director
has signed off prior to submitting the Staff Leave Form to the Executive Director for final
approval. Such leave may not be taken for the purpose of extending regular school
vacations or holidays. For purposes of this section necessary personal business shall be
limited to personal, legal, business, household, or family matters that cannot be
scheduled during non-school hours and the denial of which would create personal
hardship. Additionally, personal leave will be granted based on staffing needs; no more
than one person per class may take a personal leave on any given day.
b.
If the one Personal Day is unused within the school year it may be carried over into the
following school year. No paraprofessional staff person may accrue more than two (2)
Personal Days for any given year. Use of each of the two Personal Days must follow the
same procedure as indicated above.
c.
In the event of an emergency, the three [3] day notification requirement may be waived
at the discretion of the Executive Director.
Religious Leave
a.
7.6
A Para-Professional Staff person who is a member of the PAC/PPA may voluntarily join the
PPA Sick Bank through signature to the voluntary contribution of sick leave slip submitted
through the Association to the PAC Business Office. Appropriations for the Sick Bank are
to be governed by the PAC/PPA in cooperation with the Executive Director.
A Para-Professional Staff person shall be allowed up to two [2] days leave with pay per
school year for the purpose of observing religious holy days which fall on school days.
Leave of Absence
a.
If employed by the Pilgrim Area Collaborative three [3] or more years, a Para-Professional
Staff person may be granted a leave of absence without pay or increment up to one [1]
full year for personal or health reasons. A request for a Leave of Absence must be
submitted to the Executive Director in writing. Additional leave may be granted by the
Executive Director who will notify the Board. During a leave of absence,
there shall be no loss or gain (no accrual of steps, sick days, seniority) of seniority or
benefits previously accrued.
- 12 -
b.
7.7
Requests for short-term unpaid leave (up to 2 two [2] week, consecutive days) for any
purpose other than what is covered by the language of the Master Agreement of the
PAC/PPA must be submitted to the Executive Director in writing no later than ten [10]
working/school days prior to the commencement of the requested leave.
The employee requesting the unpaid leave must give an explanation in writing for the
leave. Consideration of these requests by the Executive Director will be given on a
case-by-case basis, and leaves will only be approved under emergency/extraordinary
circumstances.
Parental Leave
a.
Male and female employees may take parental leave of up to one [1] year, or fraction
thereof, without pay or salary increment credit, upon the following conditions. Parental
leave is limited to full-time employees or anyone typically working more than twenty [20]
hours per week. If the length of the mat leave exceeds eight [8] calendar weeks the
individual may return at an appropriate time determined by the Executive Director in
consideration of the students’ program(s). An extension of one [1] year leave may upon
request of the individual but within the sole discretion of the Board, be granted to cover
the period of time from the end of the one (1) year leave to the beginning of the next
school year.
Male and female employees may take parental leave for the purpose of:
 Birth of the employee’s child.
 Placement of a child under the age of 18 for adoption.
 Placement of a child under the age of 23 for adoption if the child is mentally or
physically disabled.
Two employees seeking parental leave for the same event shall be entitled to up to 1 year
of leave in the aggregate for said event.
The following shall apply to all parental leaves:
1.
Notice of intent to take such leave and intent to return must be given in
writing to the Board through the Executive Director in writing no less than two weeks
prior to the date that the leave is to begin, or as soon as practicable if the reasons for
the delay is beyond the employee’s control.
2.
Current or accrued sick time to which the individual is entitled may be used only
for the portion of the parental leave during which the individual is eligible to use
sick leave under section 7.1.
3.
All benefits to which the staff person is entitled to at the time of the initiation of
parental leave shall be restored to the staff person upon return to active
employment including restoration of any unused sick leave.
4.
A staff person on parental leave has the option to elect to remain at the staff
person's own expense, in any Pilgrim Area Collaborative health or insurance
program that the staff person was participating in at the time the leave
commenced. If the staff person is able to use paid sick leave pursuant to a.2
above, the Collaborative shall continue to pay its share of the premium during the
paid portion of the leave.
- 13 -
5.
A staff person returning from parental leave shall be reassigned at the discretion
of the Executive Director.
6.
A staff person on leave under any provision of this Article shall advise the
Executive Director, in writing, within two weeks of her intention to return to
work during the school year, not later than March 1st of any year, of his/her
intention to return to work the following school year.
7.
A staff person returning from parental leave will be eligible to move to the next
salary step level, if the staff person had worked at least ninety-one [91] days of
the school year before going on leave and received a positive evaluation. For
these purposes, days "worked" shall not include sick days or other leave days,
but will include only days actually worked.
The parties recognize that the Family Medical Leave Act (FMLA), as amended, may
establish rights different from those expressed in this article. To the extent that this is
true, the greater of those rights (i.e., FMLA rights vs. rights under this article) will
control, but those greater rights will not be in addition to the lesser rights.
7.9
Professional Leave
a.
Upon the recommendation of the Executive Director, each paraprofessional staff person
will receive two [2] professional development days which may be used for activities which
will improve or develop the paraprofessional staff person's knowledge as related to their
current work assignment. The leave may be used for, but not excluded to, activities such
as visiting other educational programs, attending workshops or conferences, etc. which
award paraprofessional training points (PTPs).
Irrespective of whether an employee does or does not take any or all of his/her abovereferred two [2] professional development days, the Executive Director may require
employees to attend one additional day of professional development arranged and
chosen by the Executive Director, which will be scheduled so that it either occurs on a
date immediately before the start or immediately after the end of the school year.
Alternatively, the Executive Director may place said additional training day within the
school year and accordingly add an additional school day to the end of the school year.
Should this professional development day be scheduled, attendance will be mandatory
and each employee will be compensated his/her hourly rate for attending the training
referred to in this paragraph.
b.
The Collaborative will reimburse all Para-Professional Staff covered by this Agreement,
who have been employed by the Collaborative for at least one year, up to a maximum
of $500.00 per school year for educational courses taken in an accredited college or
university, or for workshops or conferences which award Paraprofessional Training
Points (PTPs), pending available funds.
- 14 -
c.
c.
7.10
In order to gain approval, courses must, in the judgment of the Executive Director,
improve or enhance Para-Professional competence. Further, the following restrictions
apply:
1.
Approval of the Executive Director is given prior to registration for the course or
workshop.
2.
A Grade B- (or its equivalent) or better be received for participation in the
course/workshop, with the following documentation submitted to the Executive
Director:
a.
A transcript or a document of completion of the course/workshop with
Paraprofessional Training Points (PTPs) granted.
b.
Copies of documentation showing payment for the course/workshop.
c.
The course/workshop description and a summary of the course/
workshop content.
d.
Other documentation the Executive Director may require.
Notification of intent to take courses/workshops should be submitted by September
15th for first semester courses and February 1 for second semester or April 1 for
summer courses/workshops. Waiver of these deadlines may be made at the discretion
of the Executive Director.
Leave taken under this Agreement for reasons covered by any federal or state law,
including but not limited to the Family and Medical Leave Act, the Small Necessities
Act or the Massachusetts Maternity Leave Act will be considered FMLA, SNLA or MMLA
as well as leave under this Agreement and leave under any other applicable state and
federal law, and will be deducted from the staff member’s statutory leave entitlement,
if any. Staff Members taking leave for reasons covered by any state or federal law
shall be required to comply with such notice and other requirements as may be
promulgated by the Board from time to time in its leave policies.
ARTICLE VIII
INSURANCE PLAN
8.1
Pilgrim Area Collaborative will provide Individual or Family Medical and Dental Insurance
coverage of the type available and during the term of this contract, as follows:
a.
The Pilgrim Area Collaborative will pay 50% of the cost of Individual or Family Medical
Insurance coverage.
b.
The Pilgrim Area Collaborative will offer an optional Dental Plan with the employee paying
100% of the dental insurance premium.
c.
Collaborative payments under this Section 8.1 will be year round for members of the
- 15 -
Para-Professional bargaining unit who are re-employed by the Collaborative from one year
to the next. If an individual is not re-employed for the following year, the individual will
pay the full premium for coverage after June 30. If an individual is offered re-employment
by Collaborative for the following school year but then does not return to employment in
September, the individual will repay the Collaborative for any of his/her medical premium
payments made for July and August.
8.2
Para-Professional Staff will be eligible to participate in a "tax sheltered" Annuity Plan established
pursuant to appropriate Federal, State and Local Laws.
8.3
The PAC will pay one-hundred percent (100%) of the cost of a Twenty-Five Thousand Dollar
($25,000.00) Term Life Insurance Policy on the life of each member of the bargaining unit and
the beneficiary thereof shall be, from time to time, selected and named by such insured person
by due and appropriate notice as specified by the Executive Director.
8.4
The PAC will maintain a “premium only plan” pursuant to State and Federal tax laws by
which members of the para-professional staff may elect to pay their share of their health
insurance premiums with pre-tax earnings.
ARTICLE IX
GENERAL
9.1
It is understood between the parties the Paraprofessional Association is responsible to contact the
Board through the Executive Director of their intent to open negotiations.
9.2.
There will be no reprisals of any kind taken against any Para-Professional Staff person by reason
of his/her membership in the Association or participation in its activities.
9.3
If negotiation meetings between the Board and the Association are scheduled during the school
day, the representatives of the Association will be relieved from their regular duties without loss
of pay as necessary in order to permit their participation in such meetings. When it is necessary
pursuant to Article III [Grievance Procedure] for an Association Member to investigate a
grievance or attend a grievance meeting or hearing during the school day, he/she will, upon
written notice to the Executive Director, be released without loss of pay as necessary in order to
permit participation in the foregoing activities. Any Para-Professional Staff person whose
appearance in such investigations, meetings, or hearings as a witness is necessary will be
accorded the same right. The Association agrees that these rights will not be abused.
9.4
Para-Professional Staff will be entitled to full rights of citizenship and no religious or political
activities of any Para-Professional Staff person or lack thereof will be grounds for any discipline or
discrimination with respect to the professional employment of such Para-Professional Staff
person.
9.5
Electronic copies of this paraprofessional contract will be made available under the “staff log-in”
section of the PAC web site. The Association will provide hard copies upon request.
9.6
If any provision of this Agreement or any application of the Agreement to any Para-Professional
Staff person or group of Para-Professionals shall be found contrary to law, then such provisions or
application shall not be deemed valid and subsisting, except to the extent permitted by law, but
all other provisions or applications will continue in full force.
- 16 -
9.7
Para-Professionals who work in additional capacities or positions, or who otherwise have
commitments outside the scope of their Paraprofessional duties, which begin following the work
day at the Collaborative shall take necessary measures to ensure that additional obligations or
commitments do not overlap with their work hours or duties at the Collaborative.
ARTICLE X
USE OF PILGRIM AREA COLLABORATIVE FACILITIES
10.1
The Association will have the right to use Collaborative classroom space or other Collaborative
rented space without cost at reasonable times for meetings, providing however, that prior written
approval of the respective Building Principal is submitted to the Executive Director, and the
meetings occur before or after the school day. The Executive Director will be notified in advance
of the time and place of all such meetings. The Executive Director will determine which space
will be available for use in the Pilgrim Area Collaborative Administration Building.
10.2
The Association will at the discretion of and with the permission of the Executive Director be able
to use without cost copy machines owned by the Collaborative provided the Association uses their
own paper, and copying was done after work hours.
ARTICLE XI
AGENCY SERVICE FEE
11.1
As a condition of employment, an Agency Service Fee shall be paid by all employees covered by
this Collective Bargaining Agreement, except those who are certified to the Collaborative by the
Association to be members of the Association. Said fee shall be due and payable on the thirtieth
day following the beginning of such employment or thirty [30] days after the effective date of
this Agreement, whichever is later, except that the employee may elect to make such payment by
dues deduction from the employee’s salary. The amount of said Agency Service Fee shall be set in
conformance with M.G.L. c.150E §12. Said amount shall be reported to the Collaborative by
September 30 of each contract year.
ARTICLE XII
EVALUATION
12.1
An Annual Evaluation will be conducted at the direction of the Executive Director. All monitoring
or observation of the work performance of a Para-Professional will be conducted openly and with
full knowledge of the Para-Professional Staff person. Within ten [10] days, the Para-Professional
will be given a copy of any evaluation report prepared by their classroom teacher and shall have
the right to discuss such report with their classroom teacher, and/or Program
Coordinator/Director.
12.2
Para-Professionals have the right, upon written request, to review the contents of their
Personnel File. The Para-Professional Staff person shall have the right to request and receive
copies of any materials in his/her file pertaining to his/her services in the Pilgrim Area
Collaborative.
- 17 -
12.3
No material derogatory to a Para-Professional Staff person's conduct, services, character or
personality will be placed in his/her Personnel File unless the Para-Professional has had the
opportunity to review the material. The Para-Professional Staff 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 expressed understanding that such signature in no way indicates agreement with
the contents thereof. The Para-Professional Staff person will have the right to submit written
statements in response to such material and his/her answer shall be reviewed by the Executive
Director and attached to the file copy.
12.4
Para-Professional Staff will be placed on the appropriate step by the Board upon the
recommendation of the Executive Director according to the number of years of experience. Step
increases will be granted for the following year upon a satisfactory evaluation. In the absence of
an evaluation for the preceding school year, step increases will be granted by the Board upon the
recommendation of the Executive Director.
12.5
Any complaint in writing regarding a Para-Professional Staff person made to a member of the
administration by a parent, student or other person will be promptly called to the attention of the
Para-Professional Staff person.
ARTICLE XIII
GENDER & TERMS OF AGREEMENT
13.1
Words of any gender used in this Agreement shall be deemed to include the other gender. Words
singular shall be deemed to include the plural when the sense requires and the reverse shall also be
true.
13.2
The term of this Agreement shall begin on August 24, 2015 and shall continue for a period of three
(3) years, to and including June 30, 2018, and shall be binding upon the parties hereto. The terms of
this Agreement shall be construed in accordance with the laws of the Commonwealth of Massachusetts.
- 18 -
Appendix A
PILGRIM AREA COLLABORATIVE
Job Description
Title:
 PARAPROFESSIONAL
Qualifications:
1.
2.
3.
4.
Reports to:
Supervising Classroom Teacher & PAC Program Coordinator/Director
Job Goal:
To assist the supervising classroom teacher in carrying out activities
throughout the school day.
High School Diploma or equivalent
Demonstrated aptitude for work to be performed.
Basic knowledge of technology.
Such alternative qualifications as the Board determines to be
appropriate and acceptable.
Performance Responsibilities - All Paraprofessionals:
1.
Work on educational tasks with one or more students as designated by the supervising
teacher.
2.
Take all necessary and reasonable precautions to protect students to ensure their safety.
3.
Implement behavior programs with students at the direction of supervising teacher. This
may entail physical restraints and/or physical escorts.
4.
Participate in restraint trainings.
5.
Perform routine cleaning tasks (e.g. tables & dishes after lunch, commodes following
toileting, etc.)
6.
Work with students on grooming, toileting, eating and/or self-care skills, as necessary.
7.
Lift and position physically involved students
8.
Implement routine therapy programs as assigned by Physical/Occupational/SpeechLanguage Therapist(s).
9.
Correct student work which is objective in nature.
10.
Provide supervision of students during instructional activities, transitional periods including
recess and lunch.
11.
Meet assigned students in the morning and oversee their departure in the afternoon.
12.
Maintain confidentiality of student records and student information.
- 20 -
PAC Job Description
PARAPROFESSIONAL
Page 2
____________________________________________________________________________
13.
Establish and maintain appropriate and cooperative relationships with PAC staff as well as
any other staff of the building in which the program is located.
14.
Adhere to the rules of the PAC facility or host school.
15.
Accept work assignments with any student in the classroom.
16.
Assist supervising teacher in taking and recording student attendance, and data collection.
17.
Assist supervising teacher in setting and maintaining reasonable standards of classroom
behavior.
18.
Assist supervising teacher in recording relevant data on student performance and student
behavior.
19.
Report all student accidents and instances of student misbehavior to the classroom
teacher.
20.
Assist the supervising teacher in collecting, obtaining and developing of individualized
classroom materials which will be used for educational development and the enrichment of
the classroom.
21.
Meet with classroom teacher/team as needed during work hours to discuss programming,
classroom schedule, and behavioral management issues.
22.
Perform all other necessary duties requested by supervising teacher.
23.
Participate in professional development opportunities.
Terms of Employment:
Salary, benefits and work year subject to the prevailing Agreement between the Pilgrim Area
Collaborative Paraprofessional Staff Association and Board of Directors.
- 21 -
Appendix B
PILGRIM AREA COLLABORATIVE
PARA-PROFESSIONAL SALARY SCHEDULES
2015-2016
Step
1
2
3
4
5
6
7
8
9
10
11
12
Rate
$ 14.16
$ 14.86
$ 15.52
$ 16.17
$ 16.83
$ 17.50
$ 18.17
$ 18.81
$ 19.45
$ 20.15
$ 20.79
$ 21.40
2016-2017
Step
1
2
3
4
5
6
7
8
9
10
11
12
Rate
$ 14.44
$ 15.16
$ 15.83
$ 16.49
$ 17.17
$ 17.85
$ 18.53
$ 19.19
$ 19.84
$ 20.55
$ 21.21
$ 21.83
- 22 -
2017-2018
Step
1
2
3
4
5
6
7
8
9
10
11
12
Rate
$ 14.73
$ 15.46
$ 16.15
$ 16.82
$ 17.51
$ 18.21
$ 18.90
$ 19.57
$ 20.24
$ 20.96
$ 21.63
$ 22.27
Appendix C
PILGRIM AREA COLLABORATIVE
PARA-PROFESSIONAL STAFF CONTRACT
The Board of Director of the Pilgrim Area Collaborative, hereby agrees to employ
____________________________________
[to whom the term Para-Professional Staff person hereinafter refers],
hereby agrees to serve under the direction of the Executive Director as a
Paraprofessional / Step _____
in the Pilgrim Area Collaborative
beginning August --, 20--
and ending June 30, 20-- ,
subject to the conditions stated below.
You have been appointed to a position of Paraprofessional for the school year ____________.
In accordance with the provisions of the prevailing Salary Schedule included in the Agreement
between the Board of Directors and Para-Professional Staff Organization of the Pilgrim Area
Collaborative, the Board has voted and hereby agrees to pay the above named Para-Professional
Staff person, and the above named Para-Professional Staff person hereby agrees to accept, for
services during the above stated period, an Hourly Salary of $_________, payable in twenty-two
[22] or twenty-six [26] periodic installments as elected by the Para-Professional Staff person.
Part-Time (under 20 hours) will be paid bi-weekly for hours worked. Salaries are subject to the
deductions required by law or which the Para-Professional Staff person may in writing authorize.
Your salary, your position and this contract are contingent upon adequate funding. All pay will be
terminated at the time services are terminated, and all unpaid, earned salary will be paid upon
termination in accordance with the Board of Director’s Policy.
As school year is used in this contract, school year includes extended school year services during the
summer of _______, beyond the school day during the school year of __________, or during
school vacations during the ___________ school year. Work and pay for extended school year
services, under separate contract, is based upon your interest/application for such work when the
jobs/hours are posted; such additional service and compensation is based upon a separate
determination of the collaborative in its sole discretion.
- 23 -
Pilgrim Area Collaborative
Para-Professional Staff Contract
Page 2
This contract may be terminated by mutual consent at any time. It may be terminated by the Board
pursuant to terms of Collective Bargaining Agreement. The Para-Professional Staff person may
resign for good reason by submitting at least fourteen [14] days written notice.
This contract is subject to the Statutes of the Commonwealth of Massachusetts, the Rules and
Regulations of the Board of Directors, and the Collective Bargaining Agreement between the Board of
Directors and the Para-Professional Association of the Pilgrim Area Collaborative.
Signatures:
______________________________
<Name>, Chairperson
Pilgrim Area Collaborative Board of Directors
_______________________
<Name>, Executive Director
Pilgrim Area Collaborative
______________________________
Para-Professional Staff person
Date
Date
__________________________
Date
NOTE:
This contract is executed in duplicate. One signed copy is to be returned to the Executive Director on or before
<date> or the contract is invalid.
- 24 -
Appendix D
PILGRIM AREA COLLABORATIVE
GRIEVANCE FORM
Date:_______________________
Name of person filing grievance:______________________________________________________
Position of person filing grievance:____________________________________________________
1. Master Agreement segment that person believes has been violated:
Page No:______
Clause No:_______
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
2.
Describe the date and nature of the grievance:
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
3.
Remedy requested:
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
_________________________________________
___________________________
Signature of Grievant
Date
- 25 -