Transcription

NEGOTIATED AGREEMENTBETWEENBABYLON TEACHERS' ASSOCIATIONANDBABYLON UNION FREE SCHOOL DISTRICTBABYLON, NEW YORKJULY 1, 2017 – JUNE 30, 2021

Table of ContentsArticle IPage(s)Professional Association RightsPayroll Deduction Use of Copying Equipment Secretarial Help .Collection of Money Use of Other School Facilities .Right to Join Organizations Released Time for Association President .Receipt of Documents Association Days .Professional Comment .1-312222223331.2.3.4.5.Employment of Professional PersonnelNotification to Staff Regarding Promotions/Vacancies .Evaluation of Probationary Teachers .Reduction and Recall of Personnel .Just Cause Excessing and Recall nt of Professional PersonnelTeaching in Certified Areas and Teaching Preparations .Mentor Program .Work Year and Pupil Load .Work Day .Flexible Scheduling .Subject Matter and Classroom Assignment Duration of Periods and Total Classroom Time .Sixth Instructional Period .Non-Teaching Duties .Extra-Help .Student Ratio .Summer Employment .Part-Time Employment .Travel Time .5-1256678889101112121212131.2.3.Book Banning, Academic Freedom, Parent-TeacherStudent ProblemsBanning of Books Academic Freedom .Parent-Teacher Student Problems .1.2.School Calendar and Conference DaysPreparation of School Calendar Conference Days .13-1413131.2.3.Teachers’ RightsTeacher’s File .Teacher’s Comment on File .Teacher’s Written Reaction as Part of File .14-151415151.2.3.4.5.6.7.8.9.10.Article IIArticle IIIArticle IVArticle VArticle VI131313

4.5.6.Teacher’s Copy of File Teacher’s Absence from School Premises .Surveillance/Video Cameras .151515Article VII1.2.3.4.5.Protection of TeachersReport of Assaults or Civil Actions .District Attorney’s Duties Legal Aid and Counsel to Teachers .Teacher’s Salary During This Time .Personal Property 161616161616Article VIII1.2.3.4.5.6.7.8.9.Leaves of AbsenceSick Leave Personal Day Child Care Leave .Death in the Family .Leaves of Absence Without Pay .Attendance at Conferences and School Visitations .Jury Duty .Sick Leave Bank .Unused Sick Leave Reimbursement 16-25161718181919191923Article IX1.2.3.Grievance ProceduresPreamble .Definition of Terms .Procedural Stages .25-292526271.2.3.Salary SchedulesSalary Schedules Fund for Professional Meetings In-Service and Academic Course Credit .29-422941421.2.3.4.5.6.7.8.Insurance, Retirement, and Other BenefitsHealth Insurance .Health Insurance Waiver Retirement Health Insurance .Dental Insurance .Life Insurance .Long Term Disability .Flex Plan .Separation Incentive .43-464343444445454545Article XIIDistrict-Association Liaison Committee47Article XIII1.2.Negotiations ProceduresFormal Negotiations Resolving Disagreement 47-484748Article XIVArticle XVArticle XVILegal LimitationsTerm of ContractSavings Clause484949Article XArticle XI

CONTRACTThis contract is made and entered into on this day by and between theBABYLON UNION FREE SCHOOL DISTRICT, BABYLON, NEW YORK(hereinafter referred to as the "District") and the BABYLON TEACHERS'ASSOCIATION (hereinafter referred to as the "Association" or “BTA”).RECOGNITIONThe District recognizes the Association as the exclusive representative of allmembers of the teaching staff employed on an annual basis below the level ofAssistant Principal excluding inter alia per diem appointments, managerialpersonnel and confidential personnel.The District further recognizes the Association as the sole spokesman for theteaching staff on matters of concern such as salaries, hours and other termsand conditions of employment for the duration of this Agreement.ARTICLE I - PROFESSIONAL ASSOCIATION RIGHTS1. PAYROLL DEDUCTIONA. DUES: A payroll deduction plan for all professional Association duesshall be continued by the District. A payroll deduction for Suffolk CountyTeachers' Federal Credit Union also will be continued by the Board ofEducation.B. AGENCY FEE: All regular full-time employees, who are not members ofthe union, shall, commencing thirty (30) accumulated working days afteremployment and continuing during the term of this agreement whileemployed in the bargaining unit and so long as they remainnon-members of the union, pay to the union each pay period, a servicecharge as a contribution towards the cost of administration of thisagreement and the representation of such employees. The amount ofsuch service charges shall be equivalent to the amount required to bepaid as union dues by those employees who become members of theunion. The Board of Education shall, following each pay period, deductsuch amounts from non-members' paychecks and transmit the amountsso deducted to the BTA.C. VOTE-COPE: The District will deduct a VOTE-COPE contribution fromthe salary of any bargaining unit member who authorizes the District todo so. The amount of VOTE-COPE contribution shall be set by the BTAand reported to the District in September of each year, together with theauthorizations of each bargaining unit member who has elected to havededucted from his/her salary the VOTE-COPE contribution.1

D. TAX SHELTERED ANNUITY: A payroll deduction plan for tax shelteredannuities shall be implemented by the District. The selection of 403(b)service providers will be limited to the service provider’s ability to complywith the District’s 403(b) Plan Document. The District may drop any403(b) plan currently included in the District plan if participation bycontributing teachers drops to zero.2. USE OF COPYING EQUIPMENTSchool duplicating equipment shall be made available for the executivecommittee of the Association upon a minimum notice of two days.3. SECRETARIAL HELPSecretarial help shall be available for teacher use upon a minimum noticeof three (3) days.4. COLLECTION OF MONEYTeachers shall not be required to collect money from students except forbook fines levied at the end of the school year and student picturecollections once every three (3) years.5. USE OF OTHER SCHOOL FACILITIESOne building of the School District and the appropriate facilities thereinshall be made available to the Association for professional meetings upona minimum notice of two (2) days.6. THE RIGHT TO JOIN ORGANIZATIONS AND USE OF TEACHERMAILBOXEach teacher shall have the right to join or abstain from joining anyprofessional organization he or she chooses. The teacher has the right toreceive mail from any of these organizations.7. RELEASED TIME FOR TEACHERS' ASSOCIATION PRESIDENTIn the event that the association president is a full-time teacher in thedistrict, he/she shall receive a teaching reduction from a 1.0 FTE to thestatus of a .8 FTE, while still being contractually recognized as a full-timefaculty member in terms of seniority, accrued years of service and salary.This will permit the president to conduct association business and relateddistrict business within the confines of the school day. Under nocircumstances shall the Babylon Teachers’ Association president beeligible for an additional sixth period teaching assignment. The Presidentof the Babylon Teachers’ Association will receive released time to carryout effectively the duties of the office. The BTA President shall receiveone (1) full day per month for Association action, and in addition shall2

receive five (5) days to be used as needed; any and all unused days up toa maximum of ten may be accumulated from year to year for saidAssociation activities; said accumulated days not to be accumulatedtoward career increment payout. The President, Treasurer, and VicePresidents of the Babylon Teachers’ Association will not be assigned asupervisory period and any specialists assigned to teach his/her class willbe scheduled as in the past. The other teachers, in whichever of theschool buildings the President or Treasurer is a member, will assumeincreased duties to equate the released time of the Association Presidentand/or Treasurer.8. RECEIPT OF DOCUMENTSWithin the bounds of reasonableness and upon written request, the Districtwill, on a timely basis, transmit to the Association existing documentsrelative to unit terms and conditions of employment provided same areavailable pursuant to the Freedom of Information Law.9. ASSOCIATION DAYSThe Association shall be provided with four days each year for Associationactivities.10. PROFESSIONAL COMMENTThe District values and encourages and agrees to respond to professionalcomment, advice and consultation on the part of faculty members and theAssociation.ARTICLE II - EMPLOYMENT OF PROFESSIONAL PERSONNEL1. NOTIFICATION TO STAFF MEMBERS REGARDING PROMOTIONSAND JOB VACANCIESA. Postings shall include email to staff using District email addresses. Allopenings for promotional positions and for positions paying salarydifferentials shall be adequately publicized in every school, and allqualified teachers shall be given adequate opportunity to makeapplications for such positions. These positions shall include:Principalships, Department Director/Coordinators, Guidance Counselors,Administrative Assistants and Athletic Coaches. All openings forspecialists and/or special project teachers shall be adequately publicizedin every school as far in advance of the appointment as possible andordinarily at least thirty (30) days in advance. If any such openings occurduring the summer, the President of the Teachers' Association, or his/herdesignee, shall also be notified and provided with a list of the addresseesamong the teaching staff to whom notification was sent by theSuperintendent. The President of the Association, or his/her designee,3

may advise other members of the teaching staff of such opening, andany such other member may apply for such position by notifying theSuperintendent in writing, addressed to him/her, no later than three (3)weeks after notification by the Superintendent to the President of theAssociation or his/her designee of the existence of such opening.B. When transfer or reassignment of teachers in a school or grade isnecessary, to the extent possible, all volunteers shall first be transferredand/or reassigned. Seniority will be one of the factors considered on thematter of Teacher Transfers.C. Whenever positions are available for after-school home teacher, scorer,ticket taker, timekeeper, crowd control, and chaperoning, teachersemployed in the Babylon Union Free School District will be given firstopportunity to fill these positions before anyone outside the Associationis hired.2. EVALUATION OF PROBATIONARY TEACHERSA. The elements of the APPR Plan that require negotiation pursuant toEducation Law §3012-d, Subpart 30-2 and Subpart 30-3 of the rules ofthe Board of Regents, and/or Section 100.2(o) of the Regulations of theCommissioner of Education have been agreed to by the parties and anychanges to those specific elements must be collectively bargained. It isexpressly understood and agreed that the terms and conditions of theAPPR Plan that are non-negotiable pursuant to Education Law §3012-d,Subpart 30-2 and Subpart 30-3 of the Rules of the Board of Regents,and/or Section 100.2(o) shall remain non-negotiable notwithstandingattachment and/or incorporation into the CBA and nothing herein shall beconstrued to convert any such non-negotiable matter into a negotiablemandatory subject of bargaining.B. In order to properly train and certify all District Administrators, Directorsand Curriculum Coordinators (needed to perform evaluations) under thenew provisions of Education Law 3012-d, the parties agree as follows:i. The Directors and Curriculum coordinators (needed to performevaluations) shall attend and complete the Evaluator Academy training.The district agrees to bear all costs associated with the training.ii. For such training, the Directors and Curriculum coordinators (needed toperform evaluations) shall be compensated at the curriculum writing rateas per the CBA.iii. Directors and Curriculum coordinators (needed to perform evaluations)shall receive a three (3) year Board of Education appointment for suchpositions. These appointments will remain in effect during the term ofappointments, as long as the individual maintains at least an effectiverating in their respective position, and said individual remains employed4

in the District. Nothing contained herein shall prevent termination forcause or excessing pursuant to Education Law Section 2510.iv. Teachers rated “Ineffective” for two consecutive school years may becharged with incompetence and considered for termination through theexpedited hearing process.3. REDUCTION AND RECALL OF PERSONNELThe BTA President shall be provided with an updated seniority list on orbefore February 1st of each year. Seniority lists shall be established forthe members of this unit according to the appropriate tenure areas. In theevent that a reduction in personnel is made, personnel will be laid offaccording to their position on the above-mentioned lists. Where layoffsare made, the Board will consider the affected personnel for