ARTICLE 8

 

Rights of the Parties

 

8-1 The Board reserves to itself sole jurisdiction and authority over matters of policy and retains the right, in accordance with applicable laws and regulations, (a) to direct employees of the District, (b) to hire, promote, demote, assign, and retain employees in positions with the District, and to suspend, discharge, or take other disciplinary action against employees, (c) to relieve employees from duties because of lack of work or for other legitimate reasons, (d) to maintain the efficiency of the District operations entrusted to them, (e) to determine the methods, means and personnel by which such operations are to be conducted, and (f) to take whatever actions may be necessary to carry out the mission of the District in situations of emergency.

 

8-2 There shall be no reprisals by either the Board or the Association against any teacher by reason of his/her membership or lack of membership in the Association of participation or lack of participation in its lawful activities, nor shall reprisals be taken against a teacher as a result of his/her participation in the negotiation, grievance or arbitration procedure provided by this Agreement. The Board shall not discriminate on the basis of Association membership or activity.

 

8-3 Agendas (two copies) and minutes (two copies) of Board meetings will be mailed to the President of the Association when they are made available to the Board members.

 

8-3.1 The Board agrees to provide the Association with any non-confidential information necessary for the Association to formulate programs or process grievances under this Agreement. The Association agrees to provide the Board with reasonable time to produce the requested information.

 

8-4 Those members of the bargaining unit so designated by the Association shall be permitted to place notices, circulars and other materials in the teachers' mailboxes.

 

    • For so long as the Association legally represents, for the purposes of collective negotiations, the members of the bargaining unit, the Board agrees not to negotiate with any teachers' group other than the Association. Provided, however, that this shall not prevent the Board from communicating or consulting with any individual teacher or group of teachers from any purpose the Board shall deem desirable in the discharge of its responsibilities.

 

8-6 The Board agrees to provide copies of this Agreement to all members of the bargaining unit.

 

      • The Superintendent will form a calendar committee comprised of a board member, President of the Association, teachers representing elementary, middle, and high school levels, a representative from the Applied Tech Center, an athletic director, a representative from each of the sending school districts, and members of the community at large. This committee, chaired by the Superintendent, will develop the school calendar based on input from these constituent groups. Final determination of the school calendar is at the discretion of school board.

 

      • After adoption of the school calendar, if any revision thereof is made as a result of Board or other legal action without at least ninety days prior notice to the Association, and if such revision results in personal or financial hardship to any member of the bargaining unit, the Superintendent, in his/her sole discretion, may allow such member leave under the provisions of Article 5 of this Agreement. The decision of the Superintendent in allowing or not allowing leave shall not be the subject of a grievance or of the grievance procedure as defined and set forth in Article 3 of this Agreement. In no event shall leave be granted by reason of extension of the school calendar at the end of the school year in order to complete the days as specified in 7-1.2. The teacher work year shall be scheduled between August 25 and June 30. The work year for new teachers may begin within two weekdays of August 25.

 

8-7.3 The Board may unilaterally extend the school year should an emergency situation arise.

 

    • The Board will make every effort to provide teachers with a duty-free lunch and an unencumbered duty-free planning period. The Board will make every effort to provide paraprofessionals with a duty-free lunch.

 

8-9 Printout

 

The parties hereby agree that the Board shall also provide, at the time it issues individual contracts to each bargaining unit member for the following school year, the following information where applicable, to the bargaining unit member:

 

1. Current lane and step on the salary schedule

2. Date of employment

3. Expiration date of certification

4. Statement of insurance coverage

  • Professional units earned for salary schedule
  • Number of accrued sick days.

The following statement shall be included on the cover sheet:

The bargaining unit member must notify the District of any disagreement with the above information within ten (10) school days of receipt of this document. If no such notification is received within the specified time, the printout shall be deemed accurate and the bargaining unit member shall be bound to it for the next school year except for benefits status which may change during the year.

 

The current practice of application of professional growth credits or academic credits shall not be affected.

 

8-10 Academic Freedom

 

Academic freedom means that teachers are free to present additional instructional materials which are pertinent to the subject taught within the outlines of appropriate course content. It further means that teachers shall be entitled to freedom of discussion in the classroom on matters which are relevant to the subject matter.

 

8-11 Curriculum Involvement

 

The parties recognize that the Board has the ultimate responsibility to establish curriculum for the school district. However, the Board recognizes the value of and shall include teachers in the process of designing, revising and/or selecting curriculum to be used in the District.

 

8-11a Those days in the calendar that are designated for Curriculum or Staff Development activities will be used for purposes which further the educational goals of the District and improve the quality of instruction delivered to students.

 

8-11b All of the days that are described in section 8-11a shall include an evaluation done by all staff.

ARTICLE 9

 

Payroll Deductions

 

9-1 The Board agrees to deduct from the salaries of its employees dues for the CVEA, NEA-NH, and NEA as said teachers individually and voluntarily authorize the Board to deduct and to transmit the monies promptly to the CVEA.

 

9-2 Individual members of the bargaining unit may request deductions of Association dues from their paychecks, provided that such requests for deductions must be made prior to October 1 of each school year. Deductions of the Association dues shall be spread over a sequence of ten checks beginning with the second pay period in October. The Association will provide, by October 1, the proper forms for withholding purposes. The District will pay the withheld dues to the Association on a bi-weekly basis commencing with the second pay period in October.

 

9-3 The CVEA will certify to the Board, in writing, the current rate of its membership dues prior to October 1. The CVEA shall provide the SAU office with a list of individuals requiring payroll deductions stating the member's name and the amount to be deducted.

 

9-4 Teacher authorizations for dues deduction will be in writing in the form set below:

 

CVEA DUES AUTHORIZATION CARD

 

Name:

School:

 

I hereby request and authorize the CVSB to deduct from my earnings in accordance with the procedure stated in Article 9 of the Master Agreement and transfer to the treasurer of the CVEA an amount sufficient to provide for regular payment of the membership dues, as certified by the CVEA for the present school year and succeeding school years.

 

I understand that if I wish to discontinue such deductions for any successive school year, I must notify the CVEA and CVSB, in writing, no later than sixty (60) days prior to the commencement of that school year.

 

Signature____________________________________ Date________________

9-5 Notification of change in payroll deductions must be submitted, in writing, to the SAU Business Office at least two weeks prior to the next payroll date.

 

9-6 The Contoocook Valley Education Association agrees to hold the Contoocook Valley School Board harmless in the event of any litigation arising as a result of Article 9-1.

 

ARTICLE 10

 

Evaluation

 

    • Evaluation of Teachers

There shall be a guarantee of at least one formal classroom observation annually for each teacher and each teacher shall receive a written summary evaluation statement annually.

 

Formal classroom observations shall be openly conducted.

 

The classroom observer shall meet with the teacher about the results of the formal observation within a reasonable period of time. Teachers shall have the right to attach written responses to the formal observation report.

 

10 -2 Evaluation of Paraprofessionals

 

Each paraprofessional shall be guaranteed one formal observation and conference and shall receive a written summary evaluation statement annually.

 

Formal observations shall be openly conducted.

 

The Administrative Supervisor shall meet with the instructional assistant within a reasonable period of time about the results of the formal observation conference.

 

10-3 Employees shall be accorded access to their files pursuant to RSA 275-56.

 

10-4 Employees shall receive a copy of material added to their personnel file.

 

A copy of the Board's current policy regarding evaluation is located in Appendix D, for informational purposes.

 

10-5 Probation

 

Any staff member considered for probation will be so notified in writing before the end of the first school week in January. The notice will include the exact reasons why the staff member is being considered for probation and also will include specific, written recommendations for improvement. At least three observations of the areas identified as needing improvement will be made between the time the staff member receives the notice and March 1.

 

By the end of the first full week in March, the staff member will be notified by the supervisor what his/her recommended status will be for the following year. The Board, upon recommendation of the Superintendent, reserves the right to withhold the pay increase of any employee placed on probation.

 

ARTICLE 11

 

Discipline

 

11-1 In the event that an employee is formally disciplined, said employee shall be provided with written notice specifying the reasons for the disciplinary action. Formal disciplinary actions shall be defined as written warnings or reprimands, suspensions, reduction in rank, probation, and dismissal. Dismissal does not include non-renewal. All teachers shall have the right to be represented by the Association at formal disciplinary conferences.

 

No written records of informal disciplinary action shall be filed in teachers' personnel files. Teachers shall have the right to attach written responses to the formal disciplinary report.

 

Normally, discipline shall be progressive and related to the nature of the offense.

 

ARTICLE 12

Miscellaneous Provisions

 

12-1 If any provision of this Agreement or any application of the Agreement to any employee or group of employees shall be found contrary to law, then such provision of application shall not be deemed valid and subsisting, except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect. If any legislation affecting collective negotiations with School Districts' employees is enacted by the State Legislature or the Federal Government and contains permissive aspects affecting the relationships between teachers and Board, the provisions of this Agreement shall prevail rather than the legislation.

 

12-2 This Agreement may not be modified, in whole or in part, by the parties except by an instrument in writing, duly executed by both parties.

 

12-3 Whenever any notice is required to be given by either of the parties to this Agreement to the other, pursuant to the provisions of this Agreement, either party may do so by telegram, registered or certified mail, at the following addresses:

 

If by Association, to the Board of Education, Contoocook Valley School Board, School Administrative Unit #1, Peterborough, New Hampshire 03458.

 

If by Board, to the President of the Association at his/her appropriate address as filed with the Board of Education, or if she/he is unavailable, to the registered office of the corporation as filed with the Board.

12-4 Those employees who voluntarily terminate their employment after August 1 st of the existing contract year, will be considered to have broken that contract and, as such will be responsible for a sum equal to 1% of the employee’s estimated annual salary should s/he have honored said contract. Payment must be made within 30 days of notification of termination to the district. CVEA may establish a pool for such payments to the district to show good faith in this contract and hold the district harmless. The Board shall have the authority to waive penalty in the event of hardship or situations deemed in the best interest of the district to do so.

 

12-5 This Agreement encompasses all matters which were the subject of negotiations or could have been the subject of negotiations between the parties.

 

ARTICLE 13

 

Inter-building Transfer

 

13-1 When a transfer between schools is required and the teacher does not wish to accept the transfer voluntarily, the Superintendent may implement the change as an involuntary transfer. The teacher shall be notified, as soon as practicable, that a transfer is being considered and shall be notified of the reason for the transfer by the appropriate administrator(s) involved.

 

13-2 An involuntary transfer will be made only after a meeting between the teacher involved and the Superintendent if such meeting is requested by the teacher.

 

13-3 When an involuntary transfer is necessary, a teacher's area of competence in major or minor field of study will be considered.

 

13-4.1 Teachers being involuntarily transferred will be informed of appropriate vacancies known and existing at the time the transfer decision is being made. Teachers will be able to indicate their preference of assignment to the appropriate administrator involved and this preference will be given consideration.

 

13-4.2 A teacher being involuntarily transferred will be notified by his/her administrator and be granted time to visit the new assignment prior to being reassigned. The administrator will assist in the relocation of staff to their new assignments.

 

13-5 Whenever involuntarily transferred, a teacher may resign by giving written notice to the Superintendent within fifteen (15) work days of receipt of notice of the transfer or after the grievance procedure has been exhausted.

 

13-6 The final decision regarding the implementation shall rest with the Superintendent and the actual transfer and implementation shall not be subject to the grievance procedure provided that it is in compliance with the criteria set forth in Section 13-7 below and that the transfer has not been arbitrary or capricious. Failure to follow the procedure leading up to the involuntary transfer as outlined in Sections 13-1, 13-2, 13-3, 13-4.1, 13-4.2, and 13-5 of the article shall be grievable.

 

13-7 In the event that a teacher is to be transferred because of a reduction in the number of positions within a school, the teacher with the least District seniority as defined in Article 14 shall be transferred. The teacher shall be transferred to another position in that teacher's classification, if available, or if not, to a position for which the teacher is certified. If no position is available in the teacher's classification or certification, then the Superintendent shall utilize the provisions of Article 14 of this agreement.

 

ARTICLE 14

 

Reduction of Force

 

14-1 If a reduction of force is necessary which involves any staff covered by this Agreement, the following procedure will be utilized.

 

14-1.1 As soon as a reduction in force is being considered by the Board, the President of the Association shall be notified in writing, specifying the nature of the proposed reduction.

 

14-1.2 Reductions in force will first be accomplished by attrition, resignations, retirements, etc.

 

      • If further reductions in force are necessary, then teachers shall be laid off based on the following classifications.

 

a. Grade K

b. Grades R-4

c. Grades 5-8

d. Grades 9-12 (by department)

e. Specialists, Grades K-12 by the following subject areas:

Art, Music, P.E., Library/Media, Guidance.

f. Special Education (by areas of specialization)

g. Instructional Assistants (by category)

h. District-wide positions (by area of specialization)

Within these classifications, teachers with the least seniority shall be laid off first. Seniority is defined as the total years of uninterrupted service to the District as a member of the bargaining unit while on continuing contract. Approved leaves shall not result in loss of accrued seniority. Part time staff shall accrue seniority on a pro-rata basis. In those cases where length of uninterrupted service is equal, job performance shall be considered. If a staff member assumes a district-wide position and that position is subsequently eliminated, the staff member returns to his/her previous classification, including previous out-of-district positions (for classification only), with all accumulated seniority.

 

14-2 Teachers shall be recalled in reverse order of layoff for any open position within the classification in which the layoff occurred.

 

14-2.1 Laid off teachers shall be eligible for recall for a three year period following their final date of employment.

 

14-2.2 Teachers shall be responsible for notifying the Superintendent, in writing, of their current address. Recall notices shall be mailed certified, return receipt requested.

 

14-2.3 Teacher responses to recall notices shall be mailed certified, return receipt requested, and be postmarked no later than 28 calendar days after receipt of the recall notice. Failure to accept recall shall terminate the teacher’s rights under this Article.

 

14-3 No new employee shall be hired for any vacancy within a classification while there are laid off personnel from those classifications available to fill those positions.

 

    • Teachers who are recalled shall retain previously accrued benefits, including seniority and sick leave.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ARTICLE 15

 

Duration of Agreement

 

Except as otherwise provided in this Article 15, this Agreement shall become effective as of July 1, 2004 and shall continue in effect until June 30, 2005.

 

This Agreement shall not be modified orally. Any alterations of this Agreement shall be by mutual agreement in writing signed by the parties hereto, and unless such alterations are agreed upon, this contract shall expire on June 30, 2005.

 

Anything herein contained to the contrary notwithstanding, the parties shall have the right to negotiate a successor Agreement to this Agreement with the procedure of Article 2 hereof.

 

The parties agree that all provisions of this Agreement shall begin on July 1, 2004.

 

Given under our hands this eighth dayof January, 2004: