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$: AGREEMENT - WordPress.com · 2019. 4. 22. · ARTICLEVI Personne\FHes^^^^^ ^ ARTICLE VII Salary and Payroll Issues.....12 ARTICLEVIII Grievance Procedure 15 ARTICLE IX Temporary and$
AGREEMENT

Between the Boards of the Following Orange East Supervisory Union Districts

Bradford Academy & Graded School District

Newbury Elementary School

Union High School District No. 30

Orange East Supervisory Union

-and-

Orange East Education Association

Vermont-NEA/NEA

July1,2019-June30,2020

OESU Teachers - 2019-2020FINALApril2,2019

Table of Contents

Acknowledgement of Arbitration...... „„„„„„„„„„„„.„.„.„.„„„„„„„„„„„.„.„.„..........3

ARTICLE 1 Recognition....... „.„„„„„„„„„„„..„......„„„„„„„„„„„„„„.„„.„„„„4

ARTICLE II Rights of the Association......................................................5

ARTICLE III Rights of the Board...........................................................................6

ARTICLE IV Teacher Evaluation/Complaints.............................................6

ARTICLE V Employment Contracts and Rights ...„..„„„„„„„„„...„..8

ARTICLEVI Personne\FHes^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ ^

ARTICLE VII Salary and Payroll Issues.............................................................. 12

ARTICLEVIII Grievance Procedure 15

ARTICLE IX Temporary and Long-Term Leaves of Absence.........................19

ARTICLE X Work Day and Work Year ...............................................................27

ARTICLE XI Insurance and Monetary Beneflts „.......„..„„„„„„„„„................31

ARTICLE XII Reduction in Force ,..,..„.,,„.,.,...........,,,.,37

ARTICLEXIII Compliance ........................................................................................40

ARTICLE XIV Negotiation for a Successor Contract___________4'\

ARTICLEXV Duration^^^^^^^^,^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^,^^^^^^^^^^, ^

Addendum Salaries 42

Addendum Act 153 Transition 43

Addendum Blue Mountain Special Educators Transition ................44

Addendum Extracurricular Salary Grid................„„.„„„„„„„„„..„„„.„..„„„....46

Addendum SalaryGrid 2019-20.................................................................... 48

Addendum Severance Incentive Program. „„„„„...................50

Addendum Thetford Retirement Incentive Program......................................52


Addendum Blue Mountain Special Educators Transition.. ..„....„. 53


Acknowledgement QfArbitration

IN ACCORDANCE WITH 12 V.S.A. SECTION 5652 (b), THE BOARD AND THE

ASSOCIATION UNDERSTAND THAT THIS AGREEMENT CONTAINS AN

AGREEMENT TO ARBITRATE. AFTER SIGNING THIS AGREEMENT, THE BOARD

AND THE ASSOCIATION UNDERSTAND THAT THEY WILL NOT BE ABLE TO

BRING A LAWSUIT CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS

COVERED BY THE ARBITRATION AGREEMENT, UNLESS IT INVOLVES A

QUESTION OF CONSTITUTIONAL OR CIVIL RIGHTS. INSTEAD, THE PARTIES

AGREE TO SUBMIT ANY SUCH DISPUTE TO AN IMPARTIAL ARBITRATOR IN

ACCORDANCE WITH THE PROVISIONS CONTAINED IN THIS AGREEMENT.


ARTICLE I

Recognition

1.1 Bargaining Unit: The Boards hereby recognize the Orange East Education

AssociationA^T-NEA/NEA for the purpose ofcollective bargaining negotiations pursuant

to Title 16, Chapter 57 of the Vennont Statutes Annotated, as the sole and exclusive

representative ofthe individual teacher bargaining units ofthe following School Districts:

Bradford Academy & Graded School, Newbury Elementary, Union High School District

No. 30, and the Orange East Supervisory Union (hereinafter"Boards" or "Districts").

These bargaining units are composed of "teachers," as licensed by the Vermont

Department ofEducation, excluding administrative personnel as defined by Chapter 57 of

16 V.S.A., teacher aides, and non-contracted substitute teachers.

1.2 Definitions:

A. Throughout this collective bargaining agreement (hereinafter the "Agreement"),

reference to the Board(s) or District(s) shall be deemed to refer to each ofthe four

(4) individual Boards and Districts noted in §1.1 of this Agreement. As such,

where action by the referenced Board or District is required, such action, unless

otherwise expressly noted, shall be the action of each individual Board and/or

District relative to that District's teachers or local bargaining unit.

B. Throughout this Agreement the tenn "administrator" or "administration" shall be

deemed to refer to any appropriately licensed member of the District's building

level or Supervisory Union administrative staff. Further, reference to the

Superintendent shall be deemed to include any administrator to whom the

Superintendent has delegated authority to act on his/her behalf.

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ARTICLE II

Rishts of the Association

2.1 Facilities: The Association shall have the right to use such facilities and equipment as

are normally available for teacher use within the school provided such use does not

interfere with the teaching ofstudents or intermpt normal school operations.

2.2 Business:

A. Duly authorized representatives of the Association shall be permitted to transact

official Association business on school property provided the conduct of said

business does not interfere with the teaching of students, or normal school

operations. It is specifically understood and agreed that the Association, Boards,

administrators and teachers shall not discuss with students any issues related to

their terms and conditions of employment or the collective bargaining relationship

between the Board and the Association.

B. The Association shall be provided reasonable time to address teachers at both the

new teacher orientation session and the first OESU in-service session of the

school year.

2.3 Notices: The Association shall have the right to use an area in the school, location as

mutually agreed upon by the Association and the Principal, for the posting of notices of

its activities and matters of Association concem. The Association may use staff

members' mailboxes, subject to the same conditions noted in 2.2, to distribute

information to teachers, such as a union newsletter.

2.4 Distribution of Agreement: Current copies of the Agreement shall be available on the

Orange East Supervisory Union (OESU) website. Upon request, employees shall be

provided a printed copy by the office ofthe Superintendent.


ARTICLE III

Rights of the Board

3.1 It is herein agreed, that except as specifically and directly modified by the express

language in a specific provision of this Agreement or otherwise mutually agreed to, in

writing, between the parties, the determination of educational policy, the operation and

management of the schools, and the supervision and direction of the staff are vested

exclusively in the Board.

3.2 The Board's exercise of any retained right or function in a particular manner shall not

preclude the Board from exercising the same right or function in any other manner which

does not expressly violate a specific written provision of this Agreement. The Board's

failure to exercise any right or function reserved to it shall not be deemed a waiver of its

right to exercise such right or function at any future time. If any of the District

Agreements contain a "maintenance of standards" clause, said clause shall not be

applicable to the issues addressed in this Agreement.

ARTICLE IV

Teacher Evaluation/Complaints

4.1 Evaluation Procedure:

A. The Association and the Boards recognize that the primary function of evaluation

is to improve classroom instruction and mutual efforts will be made to upgrade

teacher perfonnance. The evaluation plan/document shall be developed, modified

and implemented by the District, after consultation with the Association. The

evaluation plan/document shall include the frequency of evaluations. All formal

monitoring or observation ofthe work perforniance ofa teacher will be conducted

openly to provide full knowledge to the teacher. Electronic monitoring devices

may be used for data collection in the evaluation process unless one party objects.

All probationary teachers will be evaluated according to §5.5.


B. All teachers shall be informed of the evaluation system before such evaluations

commence. Such evaluation of a teacher's performance in the classroom or

related areas shall be conducted only by the administration or by another qualified

professional retained by the District for that purpose. The teacher will have the

opportunity to meet with the evaluator and discuss the observations and

recommendations made.

4.2 Acknowledgement: Each formal observation shall be preceded by a conference between

the teacher, evaluator, and Association to review the goals and objectives of the

observation. The evaluator shall schedule a post-observation conference with the teacher

within ten (10) days after the observation to discuss the observation. Within ten (10)

days ofthis conference, the teacher will be provided a copy ofthe observation report and,

within five (5) days of receiving the report, the teacher may request an additional

conference to discuss said report which shall be held within ten (10) days. Teachers have

the right to attach comments to the observation report. This section shall not apply to or

preclude informal, spontaneous classroom visits by an administrator. The timelines noted

in this section 4.2 may be extended by mutual agreement in writing between the evaluator

and the teacher.

4.3 Complaints: Any complaint regarding a teacher made to any member of the

administration or Board by any parent, student, or other person, which is used in any

manner in evaluating a teacher, shall be reduced to writing, called to the attention of the

teacher, and promptly investigated by the administration. The teacher will be given an

opportunity to respond to and/or rebut such complaint. This provision is not intended to

be applicable to any investigation by any non-District entity, such as the Agency of

Education, DCF, or any law enforcement agency.

4.4 Mentors: In the event the District decides to use teachers as mentors, the District shall

devise and implement a mentoring program which satisfies Vermont School Quality

Standards and Vermont Teacher Licensing Regulations. No teacher shall be compelled to

serve as a mentor. Meeting times shall be mutually agreed upon by the mentor and the

OESU Teachers - 201 9-2020 8FINAL April 2, 2019

Superintendent. Mentors shall be held harmless for the performance of his/her mentee

and shall neither serve in a supervisory capacity nor provide any evaluation of the

mentee. Mentors shall be provided release time and a seven hundred and fifty dollar

($750.00) stipend paid in two equal installments on December 15 and June 15. This shall

be the practice until such time as a formal mentoring program is established by the

Superintendent.

ARTICLE V

Employment Contracts and Rights

5.1 Representation: Whenever any teacher is required to appear before the principal,

superintendent, Board, or any committee of this Board, with respect to a complaint or

charges conceming potential discipline, he/she shall be entitled to have a representative

of the Association present to advise and represent him/her during such meeting. If an

emergency meeting is necessary, an available Association representative shall be released

to counsel and represent the teacher. For the type ofmeetings noted herein, a teacher will

be given prior written notice of the reason(s) for such meeting if the meeting is with the

Superintendent or the Board.

5.2 Individual Contracts: As a condition of employment, each teacher, other than

substitutes, shall have a signed individual contract, which shall specify the teacher's

annual salary, position on the salary schedule, licensure status, and full-time equivalency.

Substitutes will be offered a contract after thirty (30) consecutive student days of

employment.

5.3 Individual Contract Renewal:

A. Except for probationary teachers as defined in this Agreement and teachers subject

to layoff, the Board shall offer an individual contract of employment to each

teacher annually on or before April 15.

B. A teacher receiving the offer ofan individual contract shall indicate acceptance by

signing and retuming said contract no later than May 5; failure of a teacher to do


so, shall be conclusive evidence of non-acceptance of the offer, and in such

instances, the position shall be considered vacant unless an extension has been

mutually agreed to, in writing, between the teacher and the Superintendent.

C. In the event the Board and the Association have not ratified a new collective

bargaining agreement by the date provided herein for the issuance of individual

contracts, individual "notices of intent to re-employ" shall be issued to teachers

on or before April 15. At the completion of negotiations teachers shall be issued

complete individual contracts, which will reflect the terms ofthe successor to this

Agreement; teachers shall sign and retum these contracts within fifteen (15) days

oftheirissuance.

5.4 One Year Non-Renewable Contracts: The Board shall have the right to issue a non-

renewable contract for a period of one (1) year or less which expressly eliminates the

teacher's right ofcontract renewal and layoffand recall to a teacher who:

A. replaces a teacher who has terminated his/her contract for the next school year

afterMay 15, or

B. replaces a teacher who is granted a leave ofabsence by the Board, or

C. replaces a teacher who has resigned or is terminated during a school year.

If a teacher issued a non-renewable contract is hired as a continuing teacher for the year

following his/her non-renewable contract period, the time served on such a contract will

count towards the teacher's probationary period.

5.5 Probationary Contracts: During the first year of a teacher's employment by the Board,

the teacher shall be considered to be on probation. During this period of probation, a

Board decision to dismiss or not offer a renewal contract to the teacher shall be final and

shall not be subject to the grievance procedure ofthis Agreement. Ifthe Board decides

not to renew the teacher's contract for the next school year, the teacher will be notified on

or before April 15. A minimum of two (2) written classroom evaluations shall be


10

conducted, at least one (1) ofwhich will be conducted before December 1 . No waiver

of statutory rights is intended by this provision. The probationary period may be

extended by another year by mutual consent of the Association and the Superintendent.

The Association must be notified in writing ofsuch an extension before April 15 ofthe

year in which the extension is sought.

5.6 Just Cause (discipline, dismissal, etc.): Except for probationary teachers and those

hired pursuant to 5.4 of this Agreement, no teacher shall have his/her contract non-

renewed or be disciplined, suspended, or dismissed withoutjust and sufficient cause. The

non-renewal of a teacher's contract or the suspension and dismissal of a teacher during a

school year may only be appealed by the teacher by following the procedures outlined in

16 V.S.A. Section 1752 or the grievance and arbitration procedures ofthis Agreement;

the election ofone method ofappeal shall preclude the other.

5.7 Association Activities: Neither the Boards nor the Association shall discriminate against

any teacher with respect to the terms and conditions of either this Agreement nor the

District Agreements based upon the teacher's membership or non-membership in the

association, nor for participation or non-participation in any lawful Association activities.

5.8 Nondiscrimination: Neither the Boards nor the Association shall discriminate against

any teacher based upon the teacher's race, color, national origin, ancestry, religion,

disability, gender, gender identity, sexual orientation, place of birth, or marital status.

Alleged violations of this Section 5.8 shall not be subject to the grievance/arbitration

provision ofthis Agreement.

5.9 Substitute Teachers: The Superintendent shall be responsible for securing substitute

teachers.

5.10 Health and Safety: The parties recognize that the health, safety and well-being ofthe

students are their primary responsibility. As defined by state and federal health and


11

safety laws (e.g. VOSHA, OSHA, etc.) teachers shall not be required to work under

unsafe or hazardous conditions.

5.11 District Equipment: In the event that a teacher is terminated, non-renewed, or

voluntarily leaves the District, the teacher shall be expected to return all District issued

equipment prior to the last day of employment. Arrangements to retum the equipment by

this date should be made with the District Administrator prior to the last day of

employment. Failure to do so shall result in withholding ofthe teacher's final paycheck

until such point that District issued equipment is retumed.

ARTICLE VI

Personnel Files

6.1 There shall be only one official personnel file for a teacher, which shall be maintained in

the Superintendent's office. A teacher shall have the right, upon request, to review the

contents of his/her personnel file(s), and to receive a copy of the documents contained

therein. A teacher shall have the right to have a representative of the Association with

him/her during any such review. Only those persons who have official right and reason

for doing so may inspect a teacher's personnel file. If a document from a teacher's

personnel file is released based upon a request filed under the Vermont Access To Public

Records Law [Title 1 VSA Chapter 5, Sub-Chapter 3] the teacher shall be so notified and

provided a copy ofthe document.

OESU Teachers - 2019-2020FINAL April 2, 2019

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6.2 No document pertaining to a teacher's performance, conduct, service, character, or

personality will be placed in his/her personnel file unless the teacher has had an

opportunity to review the document. The teacher shall acknowledge that he/she has had

the opportunity to review such document by affixing his/her signature to the copy to be

filed in his/her personnel file with the express understanding that such signature in no

way indicates agreement with the contents thereof. The teacher's signature shall not be

required on any document which is sent to the teacher by certified mail. The teacher shall

also have the right to submit written comments about such document, and his/her

comments shall be reviewed by the Superintendent and placed in the personnel file.

6.3 A teacher may request, in writing, that a document(s) be removed from his/her personnel

file. The Superintendent shall have the discretion to grant or deny such a request.

ARTICLE VII

Salary and Payroll Issues

7.1 Payroll Period: Teachers shall be paid on the 15th and 30th ofeach month [in February,

the last day ofthe month] beginning August 30. Ifthe pay day is on weekend, the

teachers shall be paid on the last work day before. Teachers may select one ofthe

following payment schedules and may elect the direct deposit oftheir paychecks by

providing written notice to the Superintendent by August 25 :

A. Twenty-four (24) payments from August 30 through August 15.

B. Twenty-four (24) equal installments, twenty (20) ofwhich shall be paid during the

school year (August 30-June 1 5) and the remaining four (4) shall also be paid on

June 15.


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7.2 Association Deduction of Dues and Agency Fees:

A. The Board agrees to deduct Association membership dues from the salaries of its

teachers as each teacher individually and voluntarily so authorizes the Board to

deduct, and to transmit the monies monthly to the Association. These deductions

will commence with the first paycheck in October or with the second payroll after

a teacher is hired, whichever occurs later; the deductions will conclude with the

May 30 paycheck. Note that these deductions are dependent upon the receipt ofa

listing of members and non-members from the OEEA. Should the listing not be

received by the Superintendent's Office on or before September 30, the

deductions will commence in the second payroll following the receipt of the

listing.

B. Teacher authorizations for the deduction ofdues shall be in writing, and they shall

be continuous from year to year unless a teacher notifies the Board (or its

designee), in writing, on or before June 15 of any year that he/she wants

deductions to cease for the next school year. The Board shall not be liable for any

monies so deducted and transmitted to the Association, and the Association shall

indemnify the Board for any costs or liabilities incurred as a result of its good

faith compliance with this section.

"s^

7.3 Payroll Deductions: In addition to payroll deductions for benefits specified in the

District Agreements, the Board also agrees to administer payroll deductions for the

following purposes provided the teacher provides appropriate written authorization to the

Superintendent.

A. Credit Union/Bank

B. District sponsored 403b plan. Issues conceming the 403b plan will be detennined

by the O.E.S.U. 403b Oversight Committee which will be composed of an equal

membership appointed by the Association, the Superintendent, and board

members.

C. Section 125 Plan provided by the District account.


14

y

7.4 Salary Schedule PIacement: All newly employed teachers shall be placed on the salary

schedule step in accordance with their educational and experience levels as determined

by the Superintendent. Only college credits will be used for column placement at hire.

Newly hired teachers will not be placed on a step greater than an existing teacher with the

same level of experience. River Bend Career & Technical Center teachers, not holding

Bachelors degrees, will not be allowed horizontal movement for credits until they have

received their Bachelors degree. This language does not apply to teachers who were

hired and employed before June 30, 2012. To be eligible for a salary step increase, a

teacher must have been actively engaged in providing teaching services for the District

for at least one-half of the scheduled school year (the one-half year requirement shall

apply to full and part-time teaching assignments). Newly hired River Bend instructors

will be given the equivalent of one-year's teaching experience for every two years of

documentable field experience in the program they are hired to teach.

7.5 Salary Schedule Advancement:

A. Horizontal movement on the schedule will be granted, based on credits eamed in

the following manner, provided such credits have the prior approval of the

Superintendent:

1. Successful completion of a course at an accredited college or university,

this course must be relevant to the teacher's field ofteaching;

2. Successful completion of a minimum of fifteen (15) hours in a workshop,

institute, or similar educational activity related to a teacher's field of

teaching provided a plan of implementation is filed with the

Superintendent.

The teacher may make application to have any of the credits eamed in the

manners noted above used for purposes ofre-certification.

B. It shall be the responsibility of the individual teacher to provide the

Superintendent with the appropriate documentation, as determined by the Board,

that the teacher has completed the course credits with a grade of B or better; in the

OESU Teachers - 201 9-2020 15FINALApril2,2019

event that the course is offered only on a "pass/fail" basis, the teacher need only"pass" the course.

C. To be eligible for salary schedule column advancement a teacher must notify the

Superintendent by December 15 of the school year preceding the effective date of

said advancement. The teacher's salary will be adjusted to reflect the column

advancement on the second pay date following the Superintendent's receipt ofthe

appropriate documentation as noted in 7.5 A.

D. For salary schedule advancement, credits eamed prior to a graduate degree can be

used for further column advancement as long as they are graduate level credits

and are not part of the graduate degree (i.e., credits that are part of a graduate

degree cannot be used for further column advancement beyond that degree).

E. River Bend Career and Technical Center Only: Teachers participating in a

program serving as an altemative path to licensure (at the time of this agreement,

the Apprenticeship Program) may not use credit hours from this program toward

advancement on the salary schedule. Teachers who receive a Master's Degree

through the program may advance to the proper placement on the salary schedule

according to the conditions of §7.5.

ARTICLE VIII

Grievance Procedure

*%,

8.1 Grievance Definition: Any claim by the Association, a teacher, or teachers that there

has been a violation, misinterpretation, or misapplication ofthe terms ofthis Agreement.

8.2 Time Limits:

A. All time limits provided for in this grievance procedure shall consist of teacher

workdays. When a grievance is submitted on or after June 1, time limits shall

consist of all weekdays (except for legal holidays). The timelines herein may be

modified by mutual agreement in writing.


16

B. No grievance shall be given consideration unless it is filed at the appropriate

beginning step within twenty (20) days after the grievant had knowledge of the

occurrence, which gave rise to the grievance.

C. No grievance shall be entertained except in accordance with the procedures

specified in this contract. Failure of the grievant or Association to advance the

grievance to the next step of the grievance procedure within the time limits

contained in this Article VIII shall render the grievance null and void. Failure of

the Board or administration to respond to the grievance within the time limits

contained herein shall constitute a denial of the grievance thereby triggering the

right of the grievant/Association to pursue the grievance to the next step of the

procedure.

8.3 Grievant Representation: In the formal grievance procedure herein provided, the

grievant shall at all times be entitled to be represented by representatives of the

Association or to appear with the assistance of such representatives; except, at no time

shall the grievant be represented by an administrative official of the school district or a

representative/attomey not affiliated with the Association.

8.4 Association Representation: The Association shall at all times have the right to

represent itself at grievance hearings and to present its positions with respect to matters of

contract interpretation.

8.5 CIass Action: Unless otherwise mutually agreed, all grievances arising out of the same

set of facts and/or involving the same issue shall be combined and considered as a single

gnevance.

8.6 Informal Resolution: Nothing contained in this grievance procedure shall be construed

as limiting the right of any teacher having a grievance to discuss the matter informally

with his/her supervisors, before filing the matter as a formal grievance, and having the

dispute adjusted without intervention ofthe Association; provided, such adjustment is not


17

inconsistent with the terms of this Agreement. Should informal processes fail to resolve

the grievance, a formal filing of grievance shall be made in accordance with the

procedures herein.

^'R^

8.7 Procedure:

Step 1: The grievant shall forward a written copy ofthe grievance to the Principal (or

equivalent position), setting forth the specified problem being grieved and stating the

redress sought. The Principal (or equivalent position) shall conduct a meeting with the

grievant and Association within five (5) days ofreceipt ofthe grievance and shall provide

a written response to the grievant/Association within five (5) days ofsaid meeting.

Step 2: Ifthe grievance is not resolved at Step 1, the grievant may, within ten (10)days

of receipt of the Step 1 response, forward a written copy of the grievance to the

Superintendent of Schools indicating the reason for dissatisfaction with the decision of

the Principal and stating the redress sought. The Superintendent shall conduct a meeting

with the grievant and Association within ten (10) days of receipt ofthe grievance and

shall provide a written response to the grievant/Association within ten (10) days of said

meeting.

Step 3: Ifthe grievance is not resolved at Step 2, the grievant may, within ten (10) days

of receipt of the Step 2 response, fonvard the grievance in writing to the Chair of the

Board of Directors or his/her agent, setting forth the reason for dissatisfaction with the

decision ofthe Superintendent and stating the redress sought. The Board, or a designated

representative(s) thereof, shall conduct a meeting with the grievant and Association

within twenty (20) days ofreceipt ofthe grievance and shall provide a written response to

the grievant/Association within ten (10) days ofsaid meeting.

Step 4: If the grievance is not resolved at Step 3, the Association may demand

arbitration, by written notice to the Superintendent within twenty (20) days of receipt of

the Step 3 response. Such demand shall be in writing, and it shall be delivered in person

or by registered or certified mail to the Superintendent. If any question arises as to the


18

arbitrability of the grievance, such question will first be ruled upon by the arbitrator

selected to hear the dispute prior to the hearing on the merits of the grievance being

conducted.

8.8 Appointment of an Arbitrator: The person of the arbitrator shall be determined by

mutual agreement between the Board or its designated representative, and the

Association. Should the parties be unable to agree upon the person of an arbitrator within

ten (10) days ofthe demand for arbitration, then arbitration shall be requested from the

American Arbitration Association ("AAA"). If the grievance is not submitted to the

AAA within twenty (20) days of the date of the demand for arbitration, the grievance

shall be considered null and void. Decisions ofthe arbitrator in matters ofgrievance shall

be final and binding, except that they shall be subject to the Vermont Uniform Arbitration

Act and the Rules of the American Arbitration Association. Costs of arbitration shall be

bome equally by the parties to the grievance. The arbitrator shall have no power to add

to, delete from, amend, ignore, or in any manner alter the existing contract. Costs of

transcripts and witnesses, if any, shall be bome by the party requiring it. It is agreed that

the arbitrator is empowered to award only compensatory damages and that the arbitrator

shall have no authority to award interest on such damages or attomeys fees.

8.9 Step By-Pass: Provided the Association and the Superintendent agree, Step 1 and/or

Step 2 ofthe grievance procedure may be by-passed and the grievance brought directly to

the next step. Class grievances involving an administrator above the school principal

level may be filed by the Association at Step 2.

8.10 Cooperation: The Board and the Association will cooperate in the investigation ofany

grievance, and they will fumish to one another such reasonable infomiation as is

necessary for the processing ofa grievance.

8.11 Processing: Under no circumstances shall the Association involve students who are

minors in the investigation, processing or hearing of a grievance unless prior written

consent from a parent or guardian is filed with the Superintendent at least twenty-


19

four(24) hours before such involvement. The student's parent(s) or guardian shall be

present during any meeting between an Association representative and the student.

8.12 Files: All documents, communications, and records dealing with the processing of a

grievance shall be filed separately from the personnel files of the participants pending

resolution ofthe grievance.

8.13 No Reprisals: No reprisals ofany kind will be taken by the Board, the Administration,

or the Association against any teacher because of his/her participation in this grievance

procedure.

8.14 Election of a Remedy: A teacher who seeks resolution in court or before an

administrative agency of a matter which is subject to the Grievance and Arbitration

provisions of this Agreement shall be deemed to have waived his/her right to arbitrate

said issue pursuant to this Article.

ARTICLE IX

Temporary and Lons-Term Leaves ofAbsence

r

9.1 Sick and Family IIlness Leave:

A. Full-time teachers shall be entitled to paid leave for absences due to personal

illness and physical disability, including disabilities connected with or resulting

from pregnancy, as set forth herein. When a disability can be foreseen, as in the

case of elective surgery and pregnancy, the employee shall notify his/her

supervisor and the Director of Human Resources of the expected commencement

date ofthe sick leave as soon as this date is determinable.

B. Each teacher shall begin each contract year with a credit of ten (10) paid sick

leave days for said year, and these days shall be cumulative from year-to-year to

the maximum total sick leave entitlenient of ninety (90). All days in excess of

ninety (90) shall be automatically donated to the sick leave bank. Teachers who


20

9.2

currently have in excess ofninety (90) days ofaccumulated leave shall retain such

excess until it is used, after which point the ninety (90) day limit shall apply.

Special Education teachers who have transferred to OESU from Thetford and

hired prior to July 1, 2017 shall maintain a maximum allowance of accumulated

sick time ofone hundred twenty (120)days.

C. A teacher may use his or her accumulated sick leave to care for an ill person

residing in the teacher's home, or the teacher's spouse, domestic partner, parent, or

child. The superintendent (or his/her designee) shall have the discretion to

authorize the use ofsick leave to care for individuals other than those noted herein

without establishing a precedent.

D. It is the right of the Superintendent to verify illness where absences exceed three

(3) consecutive days, or there is a demonstrable pattem of abuse, even though

three (3) consecutive days have not been missed.

E. Upon retirement from teaching, a teacher may convert unused sick leave

(accumulated) at the rate of Ten Dollars ($10.00) per day up to one-hundred

twenty (120) days upon separation in good standing. This benefit is only

available to teachers when the sick bank in his/her school exceeds the maximum

as defined in 9.2. Special Education teachers moving to OESU from Thetford and

hired prior to July 1, 2017 shall be entitled to twenty dollars ($20.00) per day.

Sick Leave Bank:

A. A sick leave bank shall be maintained in each District to provide paid sick leave

in addition to the employee's individual entitlement under the terms and processes

herein noted.

B. Administration

1, Participation: Each employee must become a participating member of the

sick leave bank and shall do so by contributing two (2) sick days from


21

his/her personal sick leave entitlement at the beginning of the employee's

second period ofemployment with the District.

2. First Year Employees: Employees in their first temi of employment shall

only have rights to access the sick leave bank via the voluntary sick bank

donation under 9.2 E.

3. Minimum Days: The minimum number ofdays to be held in the sick leave

bank for each individual District shall be equivalent to the number of

bargaining unit members in that District, multiplied by two (2); however,

in no case shall the minimum be less than fifty (50)days.

4. Contributions to the bank: Should the bank fall below the specified

minimum, each employee shall contribute two (2) additional days on an

annual basis (more than two (2) on a voluntary basis), until the fund

minimum is refurbished. However, in no given year should any one

employee be required to contribute more than four (4) days to the sick

leave bank (no more than two (2) days at OESU). If an employee has no

days to contribute in the year that a contribution is required, the employee

shall make his/her contribution at the beginning of the next school year.

Employees may donate their cumulative sick leave time to the sick bank

upon leaving the District ifthe sick bank is below the maximum.

5. Maximum Days: The maximum number of days to be held in the sick

bank for each individual District shall be equivalent to the number of

bargaining unit members in that District, multiplied by ten (10); however,

in no case shall the maximum be more than five hundred (500) days. Sick

bank balances above the five hundred (500) maximum as ofJuly 1,2017

shall remain until days are used to bring it below the maximum level;

however, no new days will be added to the sick banks unless the balance is

below the five hundred (500) day maximum. The maximum shall only be


22

exceeded for the purposes ofparticipation contributions.

C. The Sick Leave Bank will be administered by a single committee composed of

one (1) Association member and one (1) School Board member from each

District, and the Superintendent or his/her designee. Determination of approval

will be based on a majority vote ofthe membership ofthe committee. All record-

keeping involved in the administration of the Sick Leave Bank shall be the

responsibility ofthe Superintendent, but the Superintendent's office shall provide

copies of all records to the committee. Additionally, upon request, the

Superintendent will provide to any employee or the Association an accounting of

the days used and available from the bank; this shall not include the identity ofthe

individuals who have used or requested days from the bank.

D. In any given case of an employee applying for days from the Sick Leave Bank,

the committee shall consider the written application submitted and reach a

decision on whether or not the application should be approved. A participating

employee may file a written application to utilize the benefits of the Sick Leave

Bank only under the following conditions:

1. he/she has exhausted all other accumulated sick leave, and

2. he/she has a serious illness or disability.

3. The maximum number of days that can be withdrawn per individual

request shall be the lesser of forty-five (45) days or the number necessary

for the employee to satisfy the elimination period for long-term disability

coverage.

4. Application to the Sick Bank is permissible if an employee has exhausted

all sick leave and has a person with a long-term or serious illness or

disability residing in the employee's home, such as the employee's spouse,

domestic partner, parent, or child. The Superintendent shall have the

discretion to authorize sick leave to care for individuals other than those


23

noted herein without establishing a precedent.

5. Matemity Leave: Sick bank time may be requested for the purposes of

matemity leave, based on medical necessity. An employee must have

completed one-year of employment and become a participating member of

the sick bank. The amount of time shall be at least six (6) weeks, but shall

not exceed a total oftwelve (12) weeks inclusive ofthe employee's sick

time and sick bank time.

E. Voluntary Sick Bank Donations

1. Employees who wish to donate time to fund the sick bank may do so by

submitting a request in writing under the procedures set forth by the

Superintendent. The Superintendent will offer at least one opportunity

each school year for donation. Donations will not be allowed to banks

which already exceed the maxiniums set forth in 9.2 B. 5.

2. In the case of a first-year employee who has not yet become a

participating member of the sick bank, a request will be made for

voluntary donations to be directed to said employee.

3. When a sick bank has dropped below the minimum as defined in 9.2 B. 3.,

a request for voluntary donations to refund the Sick Bank shall be made

before using the process which is defmed in 9.2. B. 4.

9.3 Personal and Emergency Leave: Teachers shall be eligible for five (5) days per year

for unexplained, non-cumulative leave for personal reasons or emergencies. Notice to the

Administration that personal or emergency leave is to be taken shall be provided as early

as possible. A teacher may use personal leave on the last school day before a school

holiday/vacation, or the school day immediately following a school holiday/vacation,

provided the Superintendent (or his/her designee) determines the staffing needs of the

school can be satisfied with the teacher absent; such decision shall not be subject to the


24

grievance procedure ofthis Agreement.

9.4 If no more than five (5) sick or personal/emergency days are used throughout the year,

the Board will grant one (1) paid incentive day to the employee in the final paycheck of

that year.

9.5 Professional Leave: Professional leave days may be granted, at the discretion of the

Superintendent (or his/her designee), for the purpose of visiting other schools or

attending meetings or conferences of an educational nature.

9.6 Bereavement Leave: In the event of a death in the immediate family of a teacher, the

teacher shall be provided five (5) days of paid leave per such occurrence. For purposes

of this paragraph, immediate family is defined as spouse, children, parents, parent-in-law,

grandparents, siblings, siblings-in-law, or person residing in the teachers' home. The

Superintendent (or his/her designee) shall have the discretion to grant additional time or

to grant bereavement leave for individuals not noted herein without establishing a

precedent.

9.7 Jury Duty: Teachers shall be provided paid leave forjury duty, less the amount paid to

the teacher by the court (court paid mileage/meal allowances will be retained by the

teacher).

9.8 Workers' Compensation: For any period oftime that a teacher is receiving workers'

compensation benefits, the teacher may utilize his/her accumulated sick leave on a pro-

rata basis to offset the difference between said benefits and the teacher's regular per diem

salary.

9.9 Parental Leave:

A. Upon the birth or adoption of a child, a teacher may elect to take an unpaid leave

of absence for up to one (1) full school year. The teacher will notify the

Superintendent of the length of the leave (including the date that the teacher will


25

retum to work) at least thirty (30) calendar days prior to the date the leave is to

commence, ifpossible. Ifthe leave begins prior to February 1st and the teacher

wishes to retum after April 30 the teacher may be placed on involuntary leave

until the beginning ofthe next schoolyear.

B. All benefits to which a teacher was entitled at the time such leave of absence

commenced, shall be restored upon his/her retum from such leave, and he/she

shall be assigned to the same position, if available, or substantially comparable

position in the same school from which he/she took leave.

C. Teachers out on parental leave will continue to receive healthcare for the first

twelve (12) weeks of said leave (maintaining the District covered portion of

premiums), after which, if unpaid leave is taken, the teacher will have the option

to continue coverage under COBRA.

9.10 Sabbatical Leave:

A. Sabbatical leave may be granted, at the sole discretion of the Board, to teachers

who have served seven (7) accumulated years of service in the district. Sabbatical

leaves may be granted with or without full or partial salary/benefits, as

determined by the Board. A teacher receiving a paid sabbatical leave is obligated

to retum to service ofthe district as a teacher for two (2) full school years. Ifthe

teacher does not successfully complete the sabbatical year or if the teacher does

not retum for the two-year period, the teacher is required to reimburse the district

the full amount of money paid during the leave as compensation and/or benefits

within thirty (30) days.

B Applications for sabbatical leave must be submitted to the Superintendent no later

than December 1 ofthe year preceding the year ofthe leave. The Board shall act

on each request by January 15. Applications shall include the purpose of the

leave and statement ofthe specific value ofsaid leave to the district.


26

C. A teacher on sabbatical leave shall receive salary schedule step credit and

seniority credit for the period of the sabbatical leave. All benefits to which a

teacher was entitled at the time such leave of absence commenced shall be

restored to him/her upon retum from such leave, and he/she shall be assigned to

the same position, if available, or substantially comparable position in the same

school from which he/she took the leave.

9.11 Military Leave: Leave shall be granted to any teacher for military service as provided

for by the applicable Vermont and/or Federal Law. Any salary or benefit payments from

the district shall be as specified.

9.12 Discretionary Leave: Leaves of absence not specifically referenced in this article may

be granted, with or without pay/benefits, at the discretion of the Board without setting a

precedent. Accumulated sick days and other accrued benefits will be restored upon the

retum of the teacher from leave, and he/she will be assigned the same position, if

available, or substantially comparable position in the same school from which he/she

took the leave.

9.13 Statutory Leave: The Board shall comply with the requirements ofthe federal Family

and M;edical Leave Act ("FMLA") and the Vermont Parental and Family Leave Act

("PFLA") for eligible employees. Whenever an employee is granted paid or unpaid leave

pursuant to the terms of this Agreement, and the employee is also entitled to leave

pursuant to the FMLA and/or PFLA for the same occurrence, both the leave provided

pursuant to the Agreement and that which is provided pursuant to the FMLA/PFLA will

be provided concurrently. Also, FMLA/PFLA leave will be provided concurrent with

workers' compensation benefits where concun-ent entitlement exists. All other matters

regarding the administration of leave provided pursuant to the FMLA and the PFLA shall

be as provided by the district's policies and practices. This leave shall not impact years

of service or seniority.

9.14 Part-Time Teachers: Part-time teachers shall be entitled to all leaves noted in this


27

article on a pro-rata basis, based upon the teacher's full time equivalency (FTE) under

one ofthe following methods.

" A teacher contracted to work partial days for an entire school year shall be

entitled to total number of days noted in this article but shall be paid for each

day at the per diem rate for the day of absence, i.e., a teacher contracted to

teach one-halfa day will receive a halfday ofpay for each day ofabsence.

" A teacher contracted to work full days for part of the school year shall receive

full pay for each day of absence but shall only be entitled to a pro-rata number

ofthe specified days ofleave.

" A teacher contracted to work partial days for part of the school year shall have

both the specified number of days and his/her pay for each day pro-rated by

his/her FTE.

f^

9.15 Insurance Benefit Continuation: Whenever insurance benefits provided under the

terms of the District Agreements are not automatically continued during a leave of

absence, a teacher shall have the right to continue said insurance benefits by paying the

full premium cost of the insurance. Such payments must be submitted to the

Superintendent on a monthly basis on a schedule established by the Superintendent. This

section shall typically apply to situations where a teacher is granted an unpaid leave of

absence.

ARTICLE X

Work Day and Work Year

10.1 Work Year: The work year for teachers shall extend from July 1 through June 30 and

shall consist of a total of 186 workdays, said days to be scheduled by the Superintendent.

New hired teachers will work 187 days to include an extra day for new teachers'

orientation. Teachers assigned to work at Thetford Elementary School shall have a

school year consisting of 1 85 workdays.


28

10.2 WorkDay:

A. The Board shall have the right to establish the beginning/ending times, length,

schedule and stmcture of each teacher's workday provided it does not exceed

seven and one-half(7.5) hours.

B. Teachers are responsible for participating in professional activities and providing

services beyond the workday (responsibilities nonnally equated with the teaching

profession, outside the normal school day, to meet legal state and federal

regulations, support communication with parents, and support student success

including by way of example but not limited to, open houses, parent meetings,

IEP /504/SST/EST meetings, faculty and committee meetings). If teachers at

Oxbow/River Bend have finished all professional duties, they may leave 20

minutes after the instructional day has been completed.

10.3 Elementary Schools:

A. Each teacher shall have a daily duty-free lunch period of no less than thirty (30)

minutes, except for extraordinary and unusual circumstances of a temporary

nature.

B. Each teacher shall be guaranteed one hundred fifty (150) minutes of preparation

time per five (5) day week, except for extraordinary and unusual circumstances of

a temporary nature. Such preparation time shall be pro-rated in the event of a

school week of less than five days. The preparation time shall be reasonably

distributed per five day week.

C. Every effort will be expended by the administration to equalize work loads,

including the assignment of students to classes.

10.4 High School & Technical Center:

A. Professional duties include, but are not limited to, such matters as team and area

meetings between teachers and administration, either in small groups or


29

individually, teachers and other teachers, and parent conferences. In no event shall

this extension of time be used as classroom instruction time. In order to assure

the highest professional standards, the teachers shall be responsible for

cooperating with the Principal or Director, to ensure that members of the

professional staff will fulfill their professional obligations such as availability to

students before and after school, bus duty, supervision duty, and parent

conferences.

B. Subject to the organizational pattem ofthe schoolday, in a seven period day, full-

time teachers shall be assigned no more than five periods of instructional time

with no more than four preparations. Half-time teachers responsible for three

periods and a duty, assigned by the building Administrator, shall be designated as

0.6 FTE.

C. Any additional courses for which the teacher volunteers need not be counted in B.

above.

D. In the event that a special situation exists, a teacher may teach more than five

periods in a seven period day, provided that the Principal or Director, the

Association, and the teacher meet together and agree.

E. If the Board changes the schedule/structure of the seven period student day, the

number of assigned preparations and total amount of instructional time shall be

maintained at levels which reasonably approximate the limitations noted in

paragraphs B, C and D above.

F. Except under unusual circumstances, no teacher shall be assigned to perform

instructional duties other than those specified in his/her employment agreement.

G. Every effort will be expended by the administration to equalize work loads,

including the assignment of students to classes.


30

H. Under no circumstances shall a first-year teacher (first year of teaching) be

assigned more than the maximum work load of five periods. Preparations will be

kept to the minimum, established in 10.4 B.

I. Each teacher will be provided a minimum of forty (40) minutes of non-

instructional time per day. This time can be used for individual or group

planning/preparation activities.

J. Each teacher shall be assured a thirty (30) minute, duty free, lunch per day.

K. Release Time:

1. Upon prior request, a department and/or group of teachers with a common

interest may be released for purposes mutually agreed upon by the

department and/or group and the Principal or Director.

2. Teachers shall be granted up to thirty (30) hours of discretionary leave

annually, to be used for the purpose of responding to emergency calls

from within the local community, under the auspices ofthe volunteer EMS

and Fire Companies. To be eligible for this leave, the teacher must be a

member in good standing of such Company and provide annual written

notice ofthis fact to the Superintendent by October 1 . The teacher shall

personally notify the building front office staff of his or her impending

departure and of the consequential need for the provision of supervision

coverage ofhis or her class during his or her absence.

3. Teachers employed as licensed bus drivers for the school at which they are

also employed shall be excused from after-school professional duties.

Should their attendance for said duties be necessary, the Administrator

will notify the teacher and bus company forty-eight (48) hours prior to

their required presence. Teachers shall not accrue additional

31OESU Teachers - 2019-2020FD<JALApril2,2019

compensation as bus drivers during contracted school hours, as outlined in

10.2.

L. Supervision: The number of teachers assigned per period and areas to be

supervised shall be assigned by the Principal or Director. The Association may

offer advice in these matters. Assigned areas of supervision may be the cafeteria,

corridors, lounges, or any other areas as necessary.

ARTICLE XI

Insurance And Monetary Benefits

11.1 Coverage:

A. The Board agrees to provide insurance coverage for teachers as set forth in this

Agreement, subject to the rules, regulations and eligibility requirements of the

individual insurance carrier (currently 17.5 hours per week), unless such

eligibility requirements are modified by the terms of this Agreement. The Board

shall be held harmless for any and all costs or claims in the event that the

insurance carrier denies coverage for such a claim; further, the Board shall not be

liable for any act or omission of any insurance carrier, its employees or agents, or

any person fumishing professional services provided pursuant to the insurance

coverage set forth in this Agreement.

B. In the event that both spouses (or the teacher and his/her Civil Union partner) are

employed by any Board within the Supervisory Union, both spouses (or partners)

shall be provided only one insurance plan as a unit (i.e., one two-person or one

family membership). The Boards employing such teachers shall share the

premium cost for said plan in a ratio determined by such Boards.

C. Coverage under the insurance plans set forth in this Article shall be in force from

September 1 ofthe contract year until the following August 31, unless the teacher

ceases being an employee of the District prior to the expiration date of the

teacher's individual teaching contract. If a teacher begins his/her employment


32

after September 1, his/her insurance coverage shall take effect on the first of the

month following his/her first day of employment. If a teacher ceases to be a

District employee prior to expiration date of his/her individual teaching contract

the health insurance policy will terminate on the last day of the month in which

the teacher worked.

11.2 Health:

A. Health Insurance PIan & contribution:

1. Oxbow High School & Orange East Supervisory Union

a. The Board agrees to pay the portion noted below of the premium cost

for single, two-person, or family membership in either the VEHI Dual

Option Plan or HSA "Blue"(at the teacher's choice), each with

chiropractic rider and the state mandated mental health benefit, or a

mutually agreed upon equivalent. The Board shall purchase said plan

through VEHI and the Board will retain all VEHI rebates. The teachers'

contributions for health insurance premiums will be included in the

Section 125 plan and will be deducted in equal installments from the

teacher's payroll.

b. For the HSA "Blue" the Board will put into an HSA for the teacher the

deductible costs up to $750 for single coverage and $1500 for two-

person/family coverage; The Board's premium contribution shall be 89%.

The deductible contributions by the employer shall be made in the first

payroll in January, and if an employee switches mid calendar year, in the

first payroll following the completion ofthe paperwork.

c. For the Dual Option Plan, the Board's premium contribution shall be

82%.


33

2. Bradford Elementary School & Newbury Elementary School

a. The Board agrees to pay 82% of the premium cost for single, two-person,

parent and child/children, or family coverage of the Vennont Health Connect

plans noted below. The teacher's contributions for health insurance premiums

will be included in the Section 125 plan and will be deducted in equal installments

from the teacher's payroll.

i. Platinum Standard Plan

ii. Gold Standard Plan - This plan shall include a Health Reimbursement

Arrangement (HRA) funded annually in the amount of $4,250 for a single

plan, or $8,500 for a two-person, parent and child/children, or family plan.

HRA funds may only be used for medical deductible and medical

coinsurance expenses.

iii. Bronze Standard CDHP Plan - This plan shall include a Health

Savings Account (HSA) funded annually in the amount of $2,000 for a

single plan, or $4,000 for a two-person, parent and child/children, or

family plan.

3. Beginning on January 1, 2018, the Board agrees to offer the choice ofcoverage in

single, two-person, parent and child/ren, or family tiers in the selection of VEHI

plans consisting of the Platinum, Gold, Gold CDHP, and Silver CDHP. The

Board agrees to pay a premium sharing equivalent to eighty percent (80%) of the

premium ofthe Gold CDHP plan in whichever tier the employee selects.

4. Section 125 Plan

a. The Board shall offer the choice ofthe following to employees who enroll

in one ofthe VEHI health insurance plans.

i. Health Reimbursement Account (HRA): The Board will offer a

contribution equivalent to ninety-five percent (95%) of the out-of-

pocket maximum ofthe Gold CDHP plan in plan year 2019 and yy


34

ninety-four percent (94%) of the out-of-pocket maximum of the

Gold CDHP plan in plan year 2020.

1. The HRA will cover medical and pharmacy deductible and

coinsurance only.

2. The Board will provide reimbursement directly to the

provider ofmedical services.

3. Any member of the family enrolled in the HRA shall be

permitted to use the total contribution.

4. HRA balance shall not exceed ninety-five percent (95%) of

the out-of-pocket maximum ofthe Gold CDHP plan.

5. There will be a thirty (30) day run-out period for the HRA.

6. Mid-year enrollees shall receive a pro-rated contribution.

7. The Employer shall be responsible for the monthly fee

applied to the enrollment in this account.

ii. Health Savings Account (HSA): The Board will offer a

contribution equivalent to eighty percent (80%) of the out-of-

pocket maximum ofthe Gold CDHP plan in plan years 2019 and

2020.

1. Contributions will be made in equal installments on

January 15 and July 15 of the plan year. New hires shall

receive their first contribution on September 15.

2. The Employee shall be responsible for the monthly fee

applied to the enrollment in this account.

b. Both a health care flexible spending account (FSA) and a dependent care

reimbursement account (DCRA) will be included in the Section 125 plan.


35

Enrollment is voluntary and must be selected within each annual Open

Enrollment cycle.

11.3 Dental: Each employee will receive six hundred fifty dollars ($650.00) armually for

dental expenses. The money may be used as a reimbursement plan, to purchase a dental

plan, or as a year-end payment. Any ofthe six hundred fifty dollars ($650.00) remaining

in the employee's dental account at the end ofthe fiscal year will be taxed and paid to the

employee. The cost of a dental plan which exceeds six hundred fifty dollars ($650.00)

shall be paid by the employee in equal payroll deduction installments.

11.4 Long Term Disability:

A. Teachers shall be entitled to coverage under a long-tenn disability ("LTD")

insurance plan pursuant to the regulations, terms and conditions of the insurance

carrier. He/she shall have health, dental, and life insurance benefits maintained

for six months from the date of disability maintaining the employer/employee

cost-sharing as set forth in this Agreement. After six months, the employee shall

be responsible for full premiums for any benefits he/she wishes to maintain. Said

plan shall provide an eligible teacher, on a monthly basis, with either sixty six and

two-thirds percent (66.6%) of said teacher's salary or Five Thousand Dollars

($5,000), whichever is less. Said disability plan shall have a ninety (90) calendar

day elimination period and will provide benefits to age 67.

B. The Board shall be responsible for 100% ofthe premium cost ofthis long-term

disability insurance plan.

C. Each eligible teacher shall apply for LTD coverage at the earliest possible time

allowed by the carrier (i.e., so that benefit payments will commence at the

completion of the ninety (90) day elimination period) and shall utilize such

benefits as soon as they are authorized by the carrier. Once the teacher is

receiving LTD benefits, he/she will no longer be eligible for any other sick or

disability benefits provided by this Agreement. In the event both paid sick leave

and LTD benefits are paid for the same day, the teacher shall be required to

reimburse the District for the paid sick leave days.


36

D. Once a teacher has been receiving a combination of sick leave and long-term

disability benefits pursuant to this Agreement for a period of twelve (12)

consecutive months, said teacher shall no longer have automatic employment

reinstatement rights with the District.

11.5 Life Insurance: Each teacher shall be provided term life insurance in the amount offifty

thousand dollars ($50,000) and the District shall pay the full premium cost for such

coverage.

11.6 Professional Development:

A. The Board shall maintain a pool ofmoney for professional development activities

(i.e., tuition, registration fees, and materials for courses, conferences, and

workshops) that have been approved by the Superintendent. This money may be

used to pay for lodging and food, if approved by the Superintendent. This money

shall not cover transportation costs. The amount of the pool and the budget shall

be determined annually on or before September 1 by multiplying the number of

bargaining unit members times one thousand two hundred dollars ($1,200).

B. When professional development pool money is used to pay for professional

development activities (i.e. tuition, registration fees, and materials for courses,

conferences and workshops), the teacher shall be entitled to payment for one

course at the maximum cost equivalent to three (3) credits at the in-state (winter

rate) per credit tuition at the University of Vermont, as limited by the pool.

Payment shall be limited to actual expenses. A teacher shall be entitled to full or

partial reimbursement for additional courses to deplete the monies remaining in

the pool at the fiscal year's close. Only requests submitted to the Superintendent

before June 1 will be eligible for additional proportional reimbursement. The

Superintendent shall not withhold approval for courses reasonably related to the

teacher's assignment.


37

1. River Bend Career & Technical Center only: This money shall not be used

to cover costs associated with a program serving as an altemative path to

licensure (at the time ofthis agreement, the Apprenticeship Program).

Sk,

C. The year for the pool begins July 1 each year. Courses are allocated to the pool

established in the contract year during which the courses end. The payment shall

be made when the teacher presents the Superintendent with proof of enrollment.

The teacher shall provide proof of successful completion of coursework,

otherwise the teacher shall be required to repay the District in the form of payroll

withholding. Successful conipletion is defined as receiving a passing grade of 80

or better, or in the case of a pass/fail, the teacher must receive a pass.

D. In addition to the expenditure of this professional development pool, full

reimbursement shall be paid by the Board to teachers for training to implement a

curriculum change or additional courses required by the District.

11.7 Mileage Reimbursement: With the prior approval of the Principal, teachers who are

required by the District to use their personal vehicles for official school business will be

reimbursed at the IRS rate for such use.

ARTICLE XII

Reductionm Force

12.1 Whenever the Board, in the exercise ofits sole discretion, finds it necessary to reduce the

size ofthe teaching staff of a school for the next school year, the following layoff

procedures shall be observed.

12.2 The President ofthe Association shall be notified as early as practicable of any staff

reductions being contemplated at that time. Such notification shall be in writing, shall

occur no later than ]\4arch 15, and shall state the number ofpositions, curriculum areas

and teachers to be affected. Before April 15, the Association will be afforded an


38

opportunity to discuss with the Board, the need for and effect ofthe proposed reductions.

12.3 Teachers who have their positions reduced shall be so notified on or before April 15

unless the District's budget is rejected by the voters at the District's annual meeting. If

the budget is so rejected, teachers may be notified ofposition reductions no later than ten

(10)schooldays after the District's annual meeting.

12.4 When a position is eliminated, the teacher to be laid off as a result of such elimination

will be selected based upon the application ofhis/her seniority within the following

layoffcategories:

A. Grades K-6, Self-Contained Classroom Teachers.

B. Grades K-6, Special Educators (by licensure).

C. Grades K-6, Specialty Assignments (by licensure or assignment), e.g., art, music,

physical education, guidance, nurse, supplemental services, technology, reading

specialist, math consultant, etc. A grade K-6 specialty assignment teacher who is

licensed as a grade K-6 classroom teacher shall also have seniority rights in

category A. provided:

1. the teacher has taught in a K-6 classroom in the District for a minimum of

one full school year during the five (5) years immediately prior to the lay-

offnotice, and

2. the teacher has completed all training offered by the District for K-6

classroom teachers during said five (5) years.

D. Grades 7-12, Special Educators (by licensure).

E. Grades 7-12, Specialty Assignments (by licensure or assignment), e.g., art, music,

physical education, guidance, nurse, supplemental services, technology, etc.

F. Grades 7-12, Subject Assignment Teachers, (by licensure e.g., language arts,

math, science, etc).

G. Pre-K (by licensure).

H. Behavior Coach

1. Ifan individual is hired to fill the role ofBehavior Coach from within the

District, he/she will maintain his/her seniority rights and continue to


39

accrue seniority within his/her previous category.

2. Individuals hired to replace an employee who has moved into the

Behavior Coach position shall be notified ofthese terms and conditions by

the Superintendent before a contract is issued.

3. These terms and conditions shall apply so long as the employee remains

employed by the District.

n

12.5 Grant-Funded Positions: Individual employment contracts will indicate ifa position is

funded by grant monies.

12.6. MF Recall Rights:

A. For a period oftwenty-four (24) months from the effective date of layoff, teachers

shall be recalled in the reverse order oflayoffto any open position within the

layoffcategory in which they were laid off.

B. When a position becomes open, the Superintendent shall promptly send

notification ofthe open position to the teacher who is eligible for recall by

certified mail. It shall be the responsibility ofthe teacher to provide the District

with his/her current mailing address while on layoff. If a teacher so notified fails

to accept said position within fifteen (15) calendar days ofreceipt ofnotification,

said position shall once again be open. Ifthe teacher fails to respond within

fifteen (15) days, the teacher shall be deemed to have declined the position and

shall be deemed to have waived all further recall rights.

C. A teacher recalled under the provisions ofthis Article shall have all previously

accrued benefits, as ofthe time ofhis/her layoff, reinstated as ofthe date he/she

retums to active employment.

12.7. Seniority shall be defined as the teacher's most recent period ofcontinuous employment

with the District, beginning with the date that the teacher's individual contract (signed by

the teacher) is received by the Superintendent's office. Seniority will continue to accrue

during all approved leaves of absence.


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12.8 The Superintendent will maintain a seniority list for each District's teaching staff. Each

teacher will be grouped by seniority within his/her layoffcategory and the list shall note

the license(s) of each teacher. The seniority list will be posted by the superintendent

annually, on or before December 1 ,and a copy provided to the Association

Representative for each District. Failure ofthe teacher or the Association to grieve the

accuracy ofthe list by January 1 will constitute acceptance ofthe list.

ARTICLE XIII

Compliance

13.1 Severability: Ifany section, subsection, provisions, clause, or portion ofthis Agreement

shall for any reason become invalid, or be deemed so by a court ofcompetent

jurisdiction, such section, subsection, provision, clause, or portion ofthe Agreement shall

be deemed a separate, distinct, and independent provision and such invalidity shall not

affect the validity ifthe remaining portions thereof.

13.2 Finality Of Agreement: This Agreement is a complete agreement between the parties

covering all issues that were the subject ofnegotiations. The parties agree that the

relations between them shall be govemed only by the terms ofthis Agreement and the

District Agreements. No prior agreements or understandings, oral or written, shall be

controlling or in any way affect the relations between the parties, except where such

agreements have been reduced to writing and signed by the parties. All matters that were

the subject ofnegotiations shall be treated as having been brought up and disposed of,

and neither the Board nor the Association shall be under an obligation to discuss with the

other any modifications or additions to either this Agreement or the District Agreements

during the term ofsuch agreements.


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ARTICLE XIV

Neeotiation For A Successor Contract

14.1 On or before November 1 ofthe year prior to the year in which this Agreement expires,

the Association and the Boards may notify the other party of its desire to terminate or

modify the terms and conditions ofthis Agreement. Notice shall be in writing via

certified mail. Thereafter, the parties will schedule and conduct negotiating sessions as

provided by 16 V.S.A. Chapter 57, Subchapter 3. Notice to the Boards shall be sent from

the Association's President to the Superintendent and notice to the Association shall be

sent from the Superintendent to the Association's President.

ARTICLE XV

Duration

15.1 Duration:

A. This Agreement shall become effective July 1, 2019 and shall continue in full force

and effect until twelve (12:00) midnight, June 30, 2020. Ifneither the Board nor the

Association gives written notice to the other of its intention to negotiate a successor to

this Agreement by November 1 ofthe year prior to the expiration date ofthis

Agreement, this Agreement will automatically be renewed and will continue in full

force and effect for additional period ofone (1) year.

B. In the event the parties have not agreed upon the terms of a successor to this

Agreement on or before the expiration date ofthis Agreement, there shall be no

vertical salary step movement provided to teachers for the following schoolyear

unless and until such movement is expressly agreed upon in writing.


42

"y

ADDENDUM

Salaries

For the 2019/2020 School Year: Each step on the grid will be increased by four hundred dollars

($400.00) and all teachers shall receive a step on his/her current salary grid placement.


43

ADDENDUM:

Act 153 Transition ofSpecial Education Teachers

A. As outlined within this contract, there shall be some exceptions made for Special

Education teachers hired prior to July 1, 2017 who have become OESU employees under

Act 153. Except as otherwise defined, these teachers shall be subject to all the terms and

conditions outlined within.

B. Teachers moved to this contract as a result of Act 153 on July 1, 2017 shall maintain the

salary they would have otherwise received ifthey had stayed on his/her home school's

negotiated agreement. The teacher will be placed on the grid within as if he/she were a

new teacher in 2017-18 and then granted an amount "due to location" defined on his/her

individual contract. In the absence of a negotiated agreement for the "home" District, the

teacher shall receive a contract for the same amount as the previous school year and will

receive an addendum at the conclusion ofthe "home" school negotiations.

C. Teachers required to transition to OESU on July 1, 2017 shall maintain the same seniority

date held while at the District he/she was previously employed by.

D. New Special Education teachers hired after July 1, 2017 shall not have rights to the

outlined temis and conditions which are assured to the teachers moving to OESU as part

ofthis transition.


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ADDENDUM:

BIue Mountain Union School Transition of Special Education Teachers

A. Special Educators moved to this contract as a result ofAct 153 and the merging ofthe

Blue Mountain School District and Orange East Supervisory Union on July 1, 2019 shall

maintain the terms ofthe Blue Mountain Union teachers' agreement as ifthey continued

to be employed by Blue Mountain Union School District.

B. Salaries: The Special Educator will be placed on the grid as ifhe/she were a new teacher

with accredited experience in Orange East Supervisory Union in 2019-2020 and then

granted an amount "due to location" defined on his/her individual contract. In the

absence of a negotiated agreement for BMU, the Special Educator shall receive a contract

for the same amount as the previous school year and will receive an addendum at the

conclusion ofthe BMU negotiations.

C. Seniority: Special Educators required to transition to OESU on July 1, 2019 shall

maintain the same seniority date held within BMU.

D. Benefits: Special Educators shall be held harmless and be granted all benefits as outlined

in the BMU teachers' agreement including, but not limited to, professional development,

health insurance, dental insurance, life insurance, long-term disability, paid time off,

leaves, retirement incentives, etc.

E. Sick Bank: Special Educators shall continue to access sick bank through Blue Mountain

Union School District unless otherwise negotiated.

F. Professional Development: The OESU professional development pool will increase by

$1,992 per Blue Mountain Special Education Teacher moving to OESU on July 1, 2019.

Blue Mountain Special Education Teachers shall have access to the six (6) credits defined

by the BMU teachers' agreement as limited by the OESU pool defined within this

agreement and in this section ofthis addendum. Should the pool be expended, these

OESU Teachers - 2019-2020FINALApril 2, 2019

45

Special Educators have the option to request additional money from the Blue Mountain

Union School District Board.

G. New Special Education teachers hired on or after July 1, 2019 shall not have rights to the

outlined terms and conditions with are assured to the Special Educators moving to OESU

as part ofthis transition.

H. Blue Mountain Special Educators hired on or before June 30, 2019 shall have the option

ofelecting to move to the OESU Merged Teacher agreement, accepting all pay and

benefits as outlined within said agreement. This choice must be made in writing by April

15 ofthe year preceding the start ofnew contracts (i.e. April 15, 2019 for July 1, 2019

effective change). Once a Special Educator has chosen to make this change, he/she shall

not be eligible to retum to the BMU teachers' agreement as outlined in this addendum.


46

Union High School #30 Extracurricular

Salary Schedule

1. This schedule will be used for supervisors and/or assistants of funded extracurricularactivities.

2. All supervisors/assistants will be placed on a step which corresponds to his/her years ofexperience in the activity.

3. To reflect the extra responsibility required ofOxbow personnel, those individuals willreceive an extra stipend of $100.00 for each activity.

4. In situations where extracurricular salary schedule placement is unclear, theSuperintendent, Activities and Athletic Director, and Association will agree onplacement. This clause shall also apply to cases where there may be two or moreadvisors/coaches for an activity.

5. Assistants will be placed one track below the head coach ofthe activity they arecoaching, as defined in the track definitions below.

a. Track 1i. Junior High Winter/Spring/Fall Sports

ii. One-Act Play Directoriii. Summer Tech Campiv. FFA, NHTS, SKILLS-UA Advisors

b. Track2i. Varsity Spring/Fall Sports (less than 10 events)

ii. Junior Varsity Spring/Fall Sportsiii. Junior and Senior Assistant Class Advisorsiv. Student Council Assistant Advisorv. National Honor Society Assistant Advisor

vi. Department Headsvii. Environmental Club Advisor

viii. Technology Advisorc. Track 3

i. Junior Varsity Winter Sportsii. Varsity Spring/Fall Sports (10 or more events)

iii. Varsity Winter Sports (less than 10 events)iv. Yearbook Advisorv. Student Council Moderator

vi. Drama Producervii. Jazz Band Director

viii. National Honor Society Advisorix. Spring/Fall Musical Directorx. Junior and Senior Class Advisors

Track 4i. Varsity Winter Sports (10 or more events)

Track 5i. Varsity Spring/Winter/Fall Sports (10 or more events) for individuals with

10 or more years of experience (Note: Placement will be on Step 1 startmgwith employees 10th year of experience)

d.

e.


47

Union High School #30 Extracurricular

Salary Schedule, cont.


48

2019-2020Track

Step 1 2 3 4 51 851.23 1,211.35 1,866.14 2,717.37 3,568.612 936.37 1,296.16 1,959.47 2,853.25 3,704.473 1,021.49 1,380.94 2,052.77 2,989.12 3,840.354 1,106.62 1,465.76 2,146.08 3,124.99 3,976.225 1,191.74 1,550.54 2,239.38 3,260.86 4,112.096 1,276.86 1,635.34 2,332.70 3,396.74 4,247.967 1,362.00 1,720.16 2,426.02 3,532.59 4,383.84

2019-2020 Salary Grid

.BA.,.'BA+15:.';:BA+30. .M-l-15^:,'.:M+30:'

B 37,832 39,570 41,309 43,047 44,786 46,524

D 41,163 42,901 44,639 46,378 48,116 49,855

44,494 46,232 47,970 49,708 51,447 53,185"

H 47,824 49,563 51,301 53,039 54,777 56,516

51,155 52,893 54,632 56,370 58,108 59,846

54,486 56,224 57,962 59,701 61,439 63,177

"IN 57,818 59,556 61,294 63,033 64,770 66,508"

68,102 69,840

SB!

OffGrid Employees: $1,666.00


49

2019-2020 New Employee Salary Grid PIacement

Years ofExperience Placement

Top ofScale Placement (top ofscale definition varies by column)


50

ADDENDUM

Severance Incentive Program

In future years, each individual school board shall have the discretion, on an annual basis, to

offer or not offer the severance incentive program ("Program") noted herein and the discretion to

specify the number ofteachers to whom it will be offered.

This Program will be offered under the following limited conditions:

A. Eligibility. To be eligible the teacher must have taught in the district providing

the Program for ten (10) consecutive years.

B. Compensation

1. The teacher shall receive a total cash payment equivalent to sixty-six

percent (66%) ofhis/her teaching salary during his/her final year of

employment at the district. This figure shall be based only upon the

annual teaching salary figure and shall not include extra compensation

which may have been given for extra-curricular or co-curricular activities,

per diem, or any other additional compensation.

2. The cash payment under Section B (1) above will be made in three equal

installments on September 15 during the first three years following the

teacher's resignation. The District will deduct any applicable state and

federal taxes from the payments to teachers.

C. Procedures

1. On or before September 1 5 each year, the board will provide written

notice to the Association and the teachers as to whether or not it intends to

offer the Program. This notice shall specify the number ofteachers to

whom the Program will be offered.

2. Applications for this Program must be submitted_by the teacher to the

Superintendent by October 15.


51

3. If a greater number of teachers apply than the number authorized by the

Board, seniority will be used to select the teachers who will be selected for

the Program. Teachers will be notified whether or not they have been

selected by December 1. Teachers so notified must then submit a letter of

resignation to the Superintendent by December 15 and said resignation

will be irrevocable.

D. Qther Provisions

1. A teacher who accepts this Program will not be eligible for any other

severance or retirement benefit provided in the Collective Bargaining

Agreement.

2. This Program shall be considered an addendum to the current Agreement,

and should a dispute arise as to the interpretation of its provisions, the

enforcement procedures ofthe grievance and arbitration provisions ofthe

Agreement shall apply.

%


52

Addendum:Thetford Placed Special Education Teachers Retirement Incentive Program

The Board of School Directors for the Orange East Supervisory Union (SU) and the Orange EastEducation Association (Association) agree to the Retirement / Incentive Program (Program) with thefollowing limited conditions:

A. Eligibility: This program is offered to any teacher in the bargaining unit who has twenty (20)years ofteaching service, fifteen (15) ofwhich have been located at Thetford Elementary School.A maximum ofthree (3) teachers may take advantage ofthe program in any one year. Selectionwill be based on the greatest years ofservice at Thetford Elementary School.

B. Compensation: For any teacher who elects to resign under this Program, the followingcompensation will be provided:

1. The teacher shall receive a total cash payment equivalent to sixty- five percent (65%) ofhis/her highest annual teaching salary at Thetford Elementary School. This figure shall be basedon the annual teaching salary only and shall not include extra compensation for extracurricular orco-curricular activities, per diems, or any other additional compensation.

2, For two (2) years following the teacher's retirement, the Board shall contribute the sameamount toward the premium cost and deductible amount of a single or two-person membership inthe medical insurance plan as it does for active unit teachers. The SU will make arrangements forpayment ofthe insurance premium by the teacher.

3. The cash payment under section 15.2(A) will be niade in three (3) equal installments onNovember 15 during the first three (3) years following the teacher's retirement. The District willdeduct any applicable state and federal taxes from the teacher's payments.

D) Any teacher accepting this Program shall not be eligible for any other retirement paymentprovided by the SU.

C. Procedures: To apply for this Program, the teacher must tender a letter ofretirement by March ofthe school year preceding retirement. This letter of retirement should be sent to the Boardchairperson with a copy forwarded to the Superintendent's office.

D. Other Provisions:

1. This Program is being offered on an entirely voluntary basis. No teacher shall be obligated toparticipate in it.

2. Teachers who are interested in this Program may contact the superintendent's office to verifytheir highest salary, health insurance costs, and application procedures.

3. This program shall only be available to Teachers employed at the SU who wereemployed by Town of Thetford School District prior to July 1, 2017 and were moved to theDistrict under the mandate ofAct 153.


53

IN WITNESS WHEREOF THE PARTIES hereunto affix their hands and seals.

^Z^^^vrd ^fca^my & Graded School District

Newbury Eleme^tary Sclioolrf^̂ -^

IJ»f^nÎigH^cô'

uAOr^nge Ea^t Supervisory Unio

?^-^Ôraîge/East Education 4^sociation

Date::¥.~7~^

Date: ^//^//

Date: ^t/^/1'7

Date: ^j^j^

Date : ^2/^


54

Index

Acknowledgement 4.2Appointment ofan Arbitrator 8.8Association Activities 5.7Association Dues Deduction 7.2Association Representation 8.4Bargaining Unit 1.1Bereavement Leave 9.6Business 2.2Class Action 8.5Complaints 4.3Compliance - Article XIIICooperation 8.10Defmitions 1.2Dental Insurance 11.3Discretionary Leave 9.12Distribution ofAgreement 2.4District Equipment 5.11Duration - Article XV, 15.1Election ofa Remedy 8.14Elementary Schools 10.3Employment Contracts and Rights - Article VEvaluation Procedure 4.1Facilities 2.1Files8.12Finality ofAgreement 13.2Grant-Funded Positions 12.5Grievance Procedure - Article VIIIGrievance Definition 8.1Grievance Time Limits 8.2Grievant Representation 8.3HealthandSafety5.IOHealth Insurance 11.2High School & Technical center 10.4Individual Contracts 5.2Individual Contract Renewal 5.3Informal Resolution 8.6Insurance and Monetary Benefits - Article XIInsurance Benefit Continuation 9.1 5Insurance Coverage 11.1Jury Duty 9.7Just Cause (discipline, dismissal, etc.) 5.6Life Insurance 11.5Long-Term Disability Insurance 11 .4

Mentors 4.4Mileage Reimbursement 11.7Military Leave 9.11Negotiation for a Successor Contract - Article XIVNoReprisalsS.12Nondiscrimination 5.8Notices 2.3One Year Non-Renewable Contracts 5.4Parental Leave 9.9Part-Time Teachers 9.14Payroll Deductions 7.3PayrollPeriod7.1Personal & Emergency Leave 9.3Personnel Files - Article VIProbationary Contracts 5.5Processing 8.11Professional Development 11.6Professional Leave 9.5Recognition - Article IReduction in Force - Article XIIRIF Recall Rights 12.6Representation 5.1Rights ofthe Association - Article IIRights ofthe Board - Article IIISabbatical Leave 9.10Salary and Payroll Issues - Article VIISalary Schedule Advancement 7.5Salary Schedule Placement 7.4Severability 13.1Sick and Family Illness Leave 9.1Sick Leave Bank 9.2Statutory Leave 9.13Step By-Pass 8.9Step Procedure 8.7Substitute Teachers 5.9Teacher Eval. & Complaints, Article IVTemporary and Long-Term Leaves ofAbsence - Article IXWork Day & Work Year Article XWorkDaylO.2WorkYearlO.lWorkers' Compensation 9.8


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