UFCW LOCAL 1459

CONTRACT BETWEEN

SPRINGFIELD SCHOOL COMMITTEE

AND

PUBLIC EMPLOYEE DIVISION UNITED FOOD AND COMMERCIAL WORKERS UNION,

LOCAL 1459, AFL-CIO ON BEHALF OF

SPRINGFIELD SCHOOL SUBSTITUTE TEACHERS

JULY 1, 2018 TO JUNE 30, 2021

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INDEX ARTICLE PAGE

Agency Fee 2 1 Alternative Assignment 11 6 Blocks 40 16 Check-off 3 1 Communications 24 10 Credit Union 23 10 Discipline 8 3 Discrimination 32 12 Duration 42 16 Employer Policies 25 11 First Aid Kit 19 8 Grievance Procedure 9 4 Health Insurance 37 15 Injury on the Job 17 7 Interpretation of Agreement 26 11 Job Posting 12 6 Management Rights 7 3 Method of Assignment 10 6 Miscellaneous 38 15 No Strike 39 15 No Individual Agreement 27 11 Orientation 30 12 Pay Procedures and Data 29 12 Pension Plans 16 7 Personnel Files 28 11 Polygraph 31 12 Preparation Periods 14 7 Professional Growth 13 6 Protection 20 8 Reasonable Assurance 22 10 Recognition 1 1 Safety 18 8 Separability 36 14 Union and Employee Privileges 6 3 Union Business 4 2

Union Community Fund 15 7

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Union Stewards 5 2 Use of Personal Motor Vehicle 41 16 Wages 35 13 Work Environment Committee 33 12 Work Schedule 34 13

Zone Cluster Substitute Teacher 21 9

Performance Report 19 Letter of Interest · 20 Zone Cluster Contract 21 Settlement Agreement 22

ARTICLE 1 - RECOGNITION

The School Committee recognizes the United Food and Commercial Workers Local 1459, as the exclusive Bargaining Agent and Representative of the following Employees of the Springfield Public Schools for the purpose of Collective Bargaining with respect to wages, hours, other conditions of employment, the negotiation of Collective Bargaining Agreements and any questions arising thereunder: Any Substitute Teachers employed for that exclusive purpose by the Springfield School Committee, excluding all Teachers, Para-Professionals, Internships, i.e., those Employees that receive a wage rate different than a Substitute Teacher, managerial, confidential and casual Employees and all other Employees of the Springfield School Committee.

ARTICLE 2 - AGENCY FEE

Section 1. All Employees shall be required to become members of the Union or pay to the Union an Agency Fee, not later than the first (1st) calendar day following the date of their employment by the Employer or not later than the first (1st) day following the execution of this Agreement whichever is later.

Section 2. It is understood that all Substitute Teachers shall be responsible for the payment of dues or agency fee for any day or portion thereof that said Substitute Teacher is actively working. ·

Section 3. Upon failure of an Employee to tender his/her agency fee or dues and initiation fee to the Union, the Union shall notify the Employer in writing of such failure and the Employer shall suspend for thirty (30) working days without pay any member of the Bargaining Unit who, after proper written notice, has refused to pay the Union's fees. Within fifteen ( 15) school days of receipt of such request, accompanied by proof of written notice of demand, the Superintendent, or his designee shall notify the Union and the individual Bargaining Unit members whose names appear on such request when, specifically, during the thirty (30) working days following receipt of such request that the thirty (30) working days suspension without gross pay shall occur.

Section 4. The Union will indemnify, defend, and hold the School Committee harmless against any and all claims made, and against any suit instituted against the School Committee on account of this agency fee provision. Failure of the School Committee or its agents to cooperate with the Union shall relieve the Union of any obligation to indemnify and/or hold the School Committee harmless.

ARTICLE 3 - CHECKOFF

Section 1. The Employer agrees that it will deduct from the wages of the Bargaining Unit Employees the dues and agency fees required by the Union provided it has a written authorization in a form authorized by law from the Employee.

Section 2. Monies will be deducted on a daily basis and forwarded to the Union within a reasonable amount of time, together with a list of the Employees from whom such deductions were made, itemized deductions, the social security number and date of hire.

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Section 3. The Employer agrees to notify the Union in writing on a thirty (30) day period of all newly hired Employees, their shift and classification and also dates of termination.

Section 4. The Employer agrees to deduct Union dues from the earned wages from each Employee within the Bargaining Unit, such amount as determined by the Union. This shall be implemented in accordance with the provisions of Massachusetts General Laws, Chapter 150E, Section 12.

Section 5~ The Employer hereby agrees to make dues deductions of the Union dues upon presentation of properly executed dues deduction authorization cards, all subject to General Laws, Chapter 180, Section 17 A.

ARTICLE 4 - UNION BUSINESS

Section 1. The Employer agrees to permit representatives of the Union to enter the premises upon proper notification to the Principal or his designee for individual or joint discussion of working conditions with Employees provided care is exercised by such representative that they do not interfere with the performance of the duties assigned to the Employees.

Section 2. The Union will be given the right to use a designated area of the school building for a meeting provided there is no interference with any scheduled school activity. The use will be arranged with the Principal in advance. Any overtime cost for custodial services shall be the responsibility of the Union.

Section 3. The employer agrees to furnish to the Union at the start of each academic year a list of all bargaining unit employees showing the employee's name, address, classification and date of hire.

ARTICLE 5 - UNION STEW ARDS

Section 1. The Union reserves the right to designate up to five (5) Union Stewards.

Section 2. The Union shall supply the Employer with a list of Union Stewards.

Section 3A. The Union Steward shall be empowered to discuss and investigate the adjustment of problems with the Employer within the school to which the Union Steward is assigned. While engaged in said activities the Union Steward shall not suffer any loss in pay.

B. Should a meeting be scheduled with the Employer during the scheduled working hours of the Steward, he will not suffer any loss of pay for attendance at said meeting. Any meeting scheduled after the Steward's normal working hours shall be without additional pay.

Section 4. The Union Stewards shall be allowed one (1) day off with pay per calendar year to attend the Local Union's Annual Stewards Seminar.

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ARTICLE 6 - UNION AND EMPLOYEE PRIVILEGES

Section 1. Upon request, the Union shall be provided with a copy of the official agenda of each regular School Committee meeting prior to each meeting and minutes of each regular School Committee meeting after they have been approved by the School Committee.

Section 2. The School Committee shall comply with any reasonable request by the Union for available information, excluding confidential personnel records, possessed by the School Committee and which is relevant to the processing of any grievance by the Union or to the negotiation by the Union and the School Committee of any condition of employment.

Section 3. Upon request, the Union will be furnished with a copy of the computer listing of Substitute Teachers in their Bargaining Unit, as well as their assignment and days worked. The Union shall also have access to Bargaining Unit Employees payroll information.

ARTICLE 7 - MANAGEMENT RIGHTS

Section 1. The School Department shall have all the rights to manage, operate and control its employees, to schedule and assign work in the School Department and to determine the methods and means of conducting the operation of the School Department, including the making of reasonable written rules and regulations, subject only to the condition that the School Department may not exercise its rights under this Article so as to conflict with any specific provision of this Agreement.

Section 2. This Collective Bargaining Agreement shall be subject to and incorporate the provisions of Section 6 of Chapter 656 of the Acts of 1989, so long as said Section 6 shall require that all Collective Bargaining Agreements entered into by the City or School Department be subject to and incorporate the provision of said Section 6.

ARTICLE 8 - DISCIPLINE

Section 1. Discipline is meant to be both fair and impartial. It is based on the premise that discipline should be positive and corrective rather than punitive in nature. Discipline should be utilized to help prevent terminations whenever possible.

Section 2. In case of discharge, the Employee affected may request and shall receive from the Employer in writing the reason for said dismissal.

Section 3. The Employer shall not suspend, demote, or discharge any Employee without good cause.

Section 4. If the Employer has reason to reprimand an Employee, it shall be done privately.

Section 5. When an employee is discharged by the Employer, the Union shall be promptly notified.

Section 6. All copies of warning notices shall be forwarded to the Union office.

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Section 7. The Union is not required to grieve any warning notice it receives and with which it is not in agreement.

ARTICLE 9 - 9RIEV ANCE PROCEDURE

The prompt, informal and confidential adjustment and settlement of grievances is encouraged and therefore the following procedure to accomplish these purposes is hereby established:

A. Definition

I. A grievance is a claim by an Employee that there has been a violation, misinterpretation, or misapplication of the terms of this Agreement or violation of the Rules and Regulations of the School Committee.

2. As used in this Article, the term "Employee" means (I) an individual Employee, (2) a group of Employees having the same grievance, or (3) the Union.

B. General Provisions

1. Members of the Bargaining Unit as defined in Article I of this Agreement shall not serve as Employer representative in any formal steps of the Grievance Procedure

2. A grievance as defined in "A" above must be presented for disposition through the Grievance Procedure within twenty (20) workdays of the occurrence of the grievance or the first knowledge of its occurrence, whichever is later.

3. Failure at any step of the Grievance Procedure to appeal within the specified time limits shall be considered acceptance by the Employee of the decision rendered.

4. Failure at any step of the Grievance Procedure to communicate a decision within the specified time limits shall permit the Employee to proceed to the next step.

5. Time limits at any step may be extended by mutual agreement.

6. All written communications, documents and records relating to any grievance will not become a part of the Employee's personnel file.

7. The Union shall have the right to initiate a grievance at any appropriate step of the Grievance Procedure.

8. Copies of all responses relating to any grievance shall be immediately mailed or faxed to the Union office.

C. Procedures

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Step 1 - Informal Discussion

An Employee and a Union representative (if the Employee so desires) shall first discuss the problem with the Principal. Such informal discussion shall be held within five (5) workdays of the request of the Employee. ·

Step 2 - Designee of Superintendent

a. If the matter is not satisfactorily adjusted by an informal discussion, the Employee may submit the grievance in writing to the designee of the Superintendent. The designee of the Superintendent shall meet with the Employee within fifteen (15) workdays of receipt of the written complaint. At the conference, the Employee may be represented by the appropriate Union representative. ·

b. The designee of the Superintendent shall communicate the decision in writing with copies to the Employee and the Union within ten (10) workdays of the aforesaid conference.

Step 3 - Arbitration

a. If the grievance is not satisfactorily resolved at Step 2, the Union may request that the grievance be referred for arbitration. Notices of intention to request arbitration must be in writing, addressed to the School Committee.

b. Within fifteen (15) workdays after such written notice of submission for arbitration, the School Committee designee and the Union will attempt to agree upon a mutually acceptable arbitrator and will obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specific period, then the Union may submit the grievance to the American Arbitration Association for arbitration. Submission to the American Arbitration Association must be made not later than thirty (30) days following the fifteen (15) day period above.

c. The arbitrator shall issue his/her award not later than thirty (30) days from the date of the close of the hearings or, if oral hearing has been waived, then from the date of transmitting the final statements and proofs to the arbitrator. The arbitrator's award shall be in writing and shall set forth the arbitrator's opinion. and conclusion on the issues submitted.

d. The arbitrator shall have no power or authority to make any award which requires the commission of any act prohibited by law or which is inconsistent with the provisions of this Agreement.

e. The decision of the arbitrator shall be final and binding upon the School Committee, the Union and the aggrieved Substitute Teacher.

f. Fees and expenses of the arbitrator shall be shared equally by the School Committee and the Union.

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ARTICLE 10 - METHOD OF ASSIGNMENT

Section 1. The School Department shall, when assigning Substitute Teachers, attempt to take into consideration the grade level request of the Substitute Teacher, their qualifications, their teaching and substitute teaching experience, and educational background, while staffing in accordance with the needs of the system, and the particular school(s).

Section 2. Daily assignments to specific classes within the school assigned will be made by the school Principal or his/her designee.

Section 3. Assignments are made, in most cases, through the Computer Assisted Assignment System at the Central Office wit~ automated call system via computer or telephone.

Section 4. Upon arriving at the school, the Substitute shall first report to the office, sign in, get an I.D. badge and pick up room keys.

ARTICLE 11-ALTERNATIVE ASSIGNMENT

Section 1. If a Substitute is called to work on a given day and due to circumstances no work is available when the Substitute arrives, the Substitute will be given an alternative educational assignment at the substitute rate of pay within the school for which they were called, or a neighboring school, or the opportunity to decline an alternative assignment without pay. Upon finding no work available, a Substitute Teacher shall be given access to the automated call in system via computer or telephone to try and locate a new job assignment for that day.

Section 2. The Employer agrees it will not discriminate against a Substitute who declines any alternative assignment.

ARTICLE 12 - JOB POSTING

When a vacant teaching position has been identified and is to be filled by hiring of a new Employee, and a Substitute Teacher, under this Agreement, has indicated that he/she desires a permanent position (by completing the "Letter of Interest in a Teaching Position" Form) the Principal, working in conjunction with the Personnel Department, may interview fully qualified and certified Substitute Teachers. The parties agree that it is desirable to interview fully qualified and certified substitute candidates working within the Springfield School System at the Principal's discretion.

ARTICLE 13 - PROFESSIONAL GROWTH

Section 1. Performance reports may be reviewed through the Personnel Department. Copies will be provided upon request.

Section 2. Upon written request a Substitute Teacher may, at the Principal's option, receive a substitute performance report from the Principal of the school in which that Substitute Teacher is assigned. The sole purpose of this report shall be to improve the quality of teaching. Such

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requests will be limited to a maximum of three per semester, and are discretionary on the part of the Principal.

ARTICLE 14- PREPARATION PERIODS

The Principal or his/her Designee shall endeavor to provide a prep period if the regular Teacher has a prep period that day.

ARTICLE 15 - UNION COMMUNITY FUND

Section 1. The Employer agrees to deduct from Employees' wages any voluntary contributions to the Union Community Fund provided it has written authorization from the Employees and to forward same to the Union with a list of the Employees for whom such deductions were made.

Section 2. The Union shall indemnify and hold the Employer harmless against any and all claims, demands, suits, or other forms of liability that may arise out of an action by the Employer in conjunction with this Article.

ARTICLE 16 - PENSION PLANS

Section 1. Def erred Compensation

A. The Employer agrees to allow members of the Bargaining Unit to participate in the City of Springfield's Deferred Compensation Program (403 B Program).

B. Information is available through the City's Personnel Department.

Section 2. Tax Sheltered Annuities

A. Bargaining Unit members shall have the option of participating in the School Department's Tax Sheltered Annuities (TSA) Plan.

B. Information is available through the School Department.

ARTICLE 17 - INJURY ON THE JOB

Section 1. All members of the Bargaining Unit are covered under the applicable provisions of the Massachusetts Workers' Compensation Law, currently Chapter 152 of the Massachusetts General Laws.

Section 2. A copy of MGL Chapter 152, § 29 is included for the purpose of explaining a section of the law as it currently exists. This section as well as the Workers' Compensation Law (Chapter 152) is subject to legislative change without an obligation to further discuss any change with the Union:

§ 29. Required period of incapacitation; personnel actions

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"No·compensation pursuant to section thirty-four or thirty-five shall be paid for any injury which does not incapacitate the employee from earning full wages for a period of five or more calendar days. If incapacity extends for a period of twenty-one days or more, compensation shall be paid from the date of onset of incapacity. If incapacity extends for a period of at least five but less than twenty-one days, compensation shall be paid from the sixth day of incapacity. Except as otherwise provided in this chapter, no compensation shall be paid for any period for which any wages were earned. No mental or emotional disability arising principally out of a bona fide, personnel action including a transfer, promotion, demotion, or termination except such action which is the intentional infliction of emotional harm shall be deemed to be a personal injury within the meaning of this chapter."

ARTICLE18-SAFETY

It is the Employer's intent to provide a safe and reasonably comfortable work environment for all Employees.

ARTICLE 19 - FIRST AID KIT

The Employer shall have first aid supplies available at all locations.

ARTICLE 20 - PROTECTION

Section 1. Members of the Substitute Teachers Bargaining Unit shall be required to report any case of assault in connection with their employment to the Principal with a copy to the Superintendent of Schools or his/her representative.

Section 2. A. Whenever it is alleged that a Substitute Teacher has assaulted a person or that a person has assaulted a Substitute Teacher, the Principal and Superintendent shall conduct an investigation of the incident.

B. The Superintendent shall comply with any reasonable request from the Employee or the Union for relevant information in the Superintendent's possession not privileged under law concerning the person or persons involved.

Section 3. If the assault is by an adult who is not a pupil, the School Department shall promptly report the incident to the proper law enforcement authorities.

Section 4. If a person covered by this Contract is absent from his/her duties as a result of injury caused by an assault or battery arising out of and in the course of his/her employment refer to Injury on the Job, Article 17, of this Agreement.

Section 5. The School committee shall reimburse any person covered by this Contract for:

A. Any clothing or other personal property damaged or destroyed as the result of an assault suffered in the course of his/her employment, limited to $200; and

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B. The cost of any medical, surgical or hospital services ( over and above the amount of any insurance reimbursement and Workers Compensation received by said person) incurred as the result of any assault suffered in the course of his/her employment.

C. The foregoing shall apply to situations in which the person covered by this Contract is blameless.

Section 6. Indemnification

A Substitute Teacher employed under this Contract by the School Committee is considered a public Employee for purposes of indemnification under the applicable and accepted provisions of Chapter 258 of the Massachusetts General Laws, said statute indemnifies public Employees from personal financial loss and expenses for injury or loss of property or personal injury or death caused by negligent or wrongful act or omission of a public Employee if such Employee or official a the time of such intentional tort or such act or omission was acting within the scope of his/her ofijcial duties or employment. The Employee shall provide reasonable cooperation to the Employer in the defense of any action brought under Chapter 258 of the Massachusetts General Laws.

ARTICLE 21 - ZONE CLUSTER SUBSTITUTE TEACHER

Section 1. Effective on the first student school day of the 2002-2003 school year, the Springfield Public Schools will employ up to one-hundred (100) approved Zone Cluster Substitute Teachers. The Substitute teachers must have completed one hundred ( 100) actual workdays as a teacher in the previous school year and has been approved and authorized by the Springfield Public Schools to serve as a Zone Cluster Substitute teacher for the following school year. The Springfield Public Schools reserves the right to establish a selection process for candidates to be approved as Zone Cluster Substitute Teachers. In each year covered by this agreement, a Zone Cluster Substitute teacher must have completed one hundred (100) Actual Work Days in the previous year and been approved and authorized by the Springfield Public Schools to continue to serve as a Zone Cluster Substitute teacher. The Springfield Public Schools will not unreasonably deny approval of a Day to Day Substitute teacher's request to be considered to become a Zone Cluster Substitute teacher. The Zone Cluster Substitute teacher will be compensated in accordance with the wage scale set forth in Article 36 - Wages.

Section 2. The Springfield School Committee reserves the right to review the effectiveness and the overall economic impact of the new Zone Cluster Substitute teacher positions and the results of this review will be the subject of future collective bargaining agreements.

Section 3. Each Zone Cluster Substitute teacher in Section 1 will be assured a minimum of one hundred and fifty (150) work days during the school year contingent upon satisfactory performance as determined by the Principal in consultation with the Executive Director of Human Resources. The Zone Cluster Substitute teacher will only be compensated for actual days worked, but is expected to serve for a minimum of one hundred fifty (150) days by the contract.

Section 4. In the event that a Zone Cluster Substitute teacher does not work a minimum of one hundred fifty (150) days in a given school year, they will not be eligible to continue to serve as a

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Zone Cluster substitute teacher in the next school year. However, they would be eligible to serve as a Day to Day Substitute teacher at the "forth-five (45) non-consecutive day rate" contained in Article 36 - Wages of the Collective Bargaining Agreement. They would be eligible to re-apply to be considered for a Zone Cluster Substitute teacher position in the year following their service as a Day to Day Substitute teacher. Approval to serve again as a Zone Cluster Substitute teacher must be authorized by the Springfield Public Schools.

Se9tion 5. The Springfield Public Schools shall assign Zone Cluster Substitute teachers in accordance with language set forth in Article 7 - Management Rights - Section 1 and in Article 11 - Method of Assignment of this Agreement. The Springfield Public Schools intends to assign Zone Cluster Substitute teachers to serve at a specific school, when possible, but always within a zone.

Section 6. A Day to Day Substitute teacher who replaces a regular teacher in a budgeted position shall be placed, on the 31st day of continuous service in a particular position, on the compensation schedule at the provisional level for the time that they will be in such a position not to exceed the remainder of the school year. They will be designated as an "Interim Teacher" until the incumbent Teacher returns. An employee who is absent during the thirty one consecutive days may submit medical documentation substantiating their absence. In the event that the absence is due to a serious medical condition, as solely determined by the Chief of Human Resources or his/her designee, the employee's absence may be excused and the employee will not be required to start the 31 consecutive days over. The decision of the Chief of Human Resources or his/her designee is final and is not subject to the grievance/arbitration procedure. The days not worked will not count toward the required 31 days. Any absence(s) of a total of three days or more will require the employee to start the 31 days over.

Section 7. A Day to Day Substitute teacher without a Bachelor's degree who replaces a regular teacher shall be paid at the provisional Teacher rate beginning the 91 st day of such work. The Employer will make every effort not to use Day to Day Substitute teacher without a Bachelor's degree to replace regular Teachers.

ARTICLE 22 - REASONABLE ASSURANCE

The parties agree that Substitute Teachers will be subject to receipt of annual letters of Reasonable Assurance.

ARTICLE 23 - CREDIT UNION

The Employer will direct deposit or deduct from Employee's pay amounts due through the Municipal Credit Union and/or the Teachers' Credit Union and forward same to the credit union, provided the Employee has authorized the deduction in writing.

ARTICLE 24 - COMMUNICATIONS

Copies of all communications and bulletins from all departments of the school system pertaining to the Substitute Teachers shall be emailed to or put in the appropriate locations. Copies shall be emailed to or mailed to the Union office.

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ARTICLE 25 - EMPLOYER POLICIES

Section 1. The Employer retains the right to promulgate and enforce written rules and regulations, not in conflict with this Agreement, as it may from time to time deem best for the purpose of maintaining order, safety, and for effective operation of the Employer Operation.

Section 2. Except in an emergency situation, the Union will be given advance notice of said rules and regulations prior to implementation and an opportunity to bargain over them if they are mandatory subjects of bargaining under MGL 150 E.

Section 3. The Employer and the Union agree that the Employer may implement the·above changes thirty (30) days after notifying the Union of the proposed changes. (This does not constitute the Union's agreement of said change.)

ARTICLE 26 - INTERPRETATION OF AGREEMENT

The only persons qualified to interpret this Agreement on behalf of the Union shall be the Officers of the Union or their successors and the only persons qualified to interpret this Agreement on behalf of the Employer shall be the Attorney to the School Committee, the Superintendent, the Executive Director of Special Services, and the Chief of Human Resources and the Labor Relations Director.

ARTICLE 27 - NO INDIVIDUAL AGREEMENT

Section 1. The Employer agrees that it will not enter into any individual agreement with any Employee covered by this Agreement which is contrary to the terms of this Agreement.

Section 2. This Agreement may not be waived or modified in any way except by written agreement of the Employer and the Union.

ARTICLE 28 - PERSONNEL FILES

Section 1. Personnel Files shall be maintained in the Central Office.

Section 2. Nothing detrimental to his/her record shall be entered in an Employee's confidential personnel record unless the Employee is sent a dated copy.

Section 3 The Employee shall have the right to submit a response to the statement. The Employee's answer shall also be included in the file.

Section 4. Upon written request, an Employee shall be given access to his/her file within two (2) business days.

Section 5. Upon receipt of a written request of an Employee, the Employer will provide photocopies of his/her personal files within two (2) business days.

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Section 6. Official grievances filed by an Employee or the Union under the Grievance Procedure of this Agreement, shall not be placed in the personnel file of the Employee, nor shall such grievance become a part of any other file or record which is utilized in the promotion process; nor shall it be used in any recommendation for job placement.

ARTICLE 29 - PAY PROCEDURES AND DAT A

Section 1. Paydays-Employees shall be paid bi-weekly on Friday.

Section 2. Paycheck Data - Payroll checks shall include a stub which shall contain the following items for the payroll period covered by the check: hours worked, current straight time base hourly rate of pay, payroll ending date, gross wages, gross wages year to date, net pay, and most standard itemized deductions.

Section 3. The employer may elect to provide payroll advices to employees on a voluntary basis, through email. The employer shall provide the Union with thirty (30) days notice prior to making this change. All employees voluntarily opting for electronic payroll advices shall provide the Payroll Department with an email address to arrange the transmission of this information.

ARTICLE 30- ORIENTATION

The Employer agrees that each new Employee should be given at least the following:

A. Copy of the Union Contract

B. Familiarization with Personnel Policies

C. The job description and job expectations, i.e. Substitute Teacher Handbook

ARTICLE 31 - POLYGRAPH

Under current Massachusetts General Law it is unlawful to administer a lie detector test as a condition of employment or continued employment.

ARTICLE 32 - DISCRIMINATION

The Employer agrees that it will not discriminate against any applicant or Employee, either in hiring, promoting or assigning to positions, or in regard to any other term or condition of employment, because of race, color, national origin, religious or political belief, sex, sexual preference, marital status, physical handicap or activity on behalf of the Union.

ARTICLE 33 - WORK ENVIRONMENT COMMITTEE

Section 1. A liaison committee, consisting of not more than three (3) Union members chosen by the Union, one (1) Union official and not more than three (3) members of management, shall meet upon request of either party, for the purpose of discussing matters of mutual interest and concerns not otherwise covered by the terms of this Agreement.

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Section 2. Substitute Teacher Handbook

The Union and the School Department shall each appoint three (3) representatives to serve on a committee to design, produce, and distribute a Substitute Teacher Handbook. The handbook shall be distributed to all current Substitute Teachers, Principals, and Personnel Department Employees who deal with Substitute Teachers. All newly hired Substitute Teachers shall also receive a copy of the Substitute Teacher Handbook and this Agreement.

ARTICLE 34 - WORK SCHEDULE

Section I. Substitute Teachers will generally be required to perform the work schedules and duties, in and out of the classroom, of a regular Teacher in that building.

Section 2. In the event that a substitute teacher accepts an assignment which requires the substitute teacher to cover a field trip, and cannot do so due to not being appropriately attired or a physical limitation, the substitute teacher will immediately notify the school principal who will inquire if another substitute teacher assigned to the school for that day will swap assignments.

ARTICLE 35 - WAGES

Section I. All Substitute Teachers who work in the Springfield School System on the following dates shall receive the daily per diem as listed below:

1.

2. 3.

CATEGORY

Base

45 Non-Consecutive Days Worked

Zone Cluster Substitute Teacher

Base 45 Non-Consecutive Days Worked Zone Cluster Substitute Teacher

Base 45 Non-Consecutive Days Worked Zone Cluster Substitute Teacher

SCHOOL YEAR

2018/2019

$108.85/day

$128.06/day

$153.68/day

SCHOOL YEAR 2019/2020 $111.02 $130.62 $156.75

SCHOOL YEAR 2020/2021 $113.24 $133.24 $159.89

Section 2. All per diem increases are effective the first (1st) student classroom day of each ensuing year.

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Section 3. The Springfield Public Schools will compensate any Day to Day Substitute teacher, who worked forty-five (45) days or more in the previous school year and is offered employment as a Day to Day Substitute teacher in the next school year, on the forty-five ( 45) Non­Consecutive Days Worked salary schedule effective on their first work day as a Substitute teacher in that school year.

Section 4. The employer reserves the right to pay all members of the bargaining unit through direct deposit. If the employer exercises this right the employer will give the affected employees and the Union two (2) weeks notice. Employees will be required to complete documentation and provide the employer with necessary account information to arrange for direct deposit. In the event that an employee does not have a bank account the employer reserves the right to pay the employee by crediting a debit card with the employees pay earned during the pay period.

Section 5. When an error is made on a Substitute Teacher pay, the Employer will endeavor to correct same in a reasonable amount of time after the error has been verified.

INFORMATION PURPOSES ONLY

A. If the assignment is to last an entire school year the School Department hires a Teacher at Teachers salary from the first school day (Teachers Contract).

B. If a Bachelor's Degree or Higher Substitute Teacher works for thirty (30) consecutive school days in a vacancy caused by creation of a new position, the resignation, retirement, death, approved leave of absence, transfer or promotion of the Teacher assigned to a given position, the Bachelor's Degree or higher Substitute Teacher on the thirty-first (31st) day will be paid according to degree status and creditable years in accordance with the teacher's contract. In the event that the regular Teacher returns from leave, the Substitute Teacher will revert to substitute status and pay schedule under the provisions of this agreement.

C. Non-Bachelor Degree Substitute Teachers must work ninety (90) consecutive school days to be covered by Section B.

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ARTICLE 36 -1 SEPARABILITY

Section 1. Should any part hereof or any provision herein contained be rendered or declared illegal by reason of any existing or subsequently enacted legislation or by decree of a court of competent jurisdiction or an unfair labor practice by final decision of a labor relations board of competent jurisdiction, such invalidation of such part or portion of this Agreement shall not invalidate the remaining portions hereof. Nothing herein shall be construed to replace or abridge the right of either party to appeal court or administrative decrees or decisions.

Section 2. In the event that any part or portion of this Agreement is declared illegal, the parties shall enter into Collective Bargaining negotiations, upon the request of either party for the purpose of arriving at a mutually satisfactory solution for such part or portion declared illegal.

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ARTICLE37-HEALTHINSURANCE

Section 1. If a unit member has worked more than one hundred and fifty ( 150) days in the previous school year, they will be eligible to receive Health Insurance provided by the City of Springfield provided that they are eligible pursuant to the rules and regulations of the Group Insurance Commission. Eligible unit members will be entitled to purchase the Health Insurance provided they pay same percentage as other City employees of the total premium in effect from time to time of the Springfield Municipal Employees' Plan of Accident and Health Insurance or of any successor accident or health Insurance plan.

Section 2. If a unit member works 75% of available days or fewer for a three consecutive month period they will lose their eligibility to purchase the City's health insurance plan and will be placed on COBRA if they so desire provided that they are eligible pursuant to the rules and regulations of the Group Insurance Commission. A the unit member who has lost their health insurance eligibility and subsequently works more than 75% of available days for three (3) consecutive months will regain eligibility to purchase Health insurance as specified in section 1 provided that they are eligible pursuant to the rules and regulations of the Group Insurance Commission.

Section 3. The City reserves the option of changing the Health Insurance Plan provided to City of Springfield employees.

ARTICLE 38 - MISCELLANEOUS

Litigation - If applicable, the Union agrees to waive all claims and dismiss all cases with prejudice regarding the wage/step freeze upon the implementation of the appropriate wage mcrease.

Ratification - This collective bargaining agreement is subject to ratification by the parties.

Professional Work Appearance- All employees covered under this collective bargaining agreement must present a professional work appearance. Employees shall wear neat, clean work attire. Employees are expected to dress in a manner that is normally acceptable in similar professional environments. Employees shall dress in a way that promotes respect and shows students that they are the authority in the school.

ARTICLE 39-NO STRIKE

Both the Employer and the Union recognize and acknowledge that it is unlawful for any employee to engage in, induce, or encourage any strike, work stoppage, slow-down, or withholding of services by employees, notwithstanding any such authority granted in any charges, constitution or by-laws of the Union while this contract is in effect. No employee covered by this Agreement nor the Union shall engage in, induce, or encourage any strike, working stoppage, slow-down, or withholding of services.

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ARTICLE 40-BLOCKS

Section 1. A block is the prohibiting of a Substitute teacher from working in one or more school sites as a result of a complaint regarding the employee. Under Education Reform, Principals have discretion as to which employees work in their buildings. Substitute teachers should be notified as soon as possible when a Principal has blocked him/her from the school. Section 2. When a Substitute teacher has been notified of a block, they will have ten (10) working days to file a written appeal to the Principal of the school and the HR Analyst for Substitute Teachers. Within (10) working days after receipt of the appeal of the block, the School Principal or designee shall notify in writing the Substitute teacher of its decision. Section 3. A Principal may block a Substitute teacher indefinitely; however, nothing shall prevent the Substitute teacher from requesting a meeting with the Principal for reconsideration of a block. Section 4. In the event of a block from a school, a Substitute teacher may be called into an investigatory meeting with human resources, which may result in disciplinary action, subject to the grievance procedure.

ARTICLE 41 -USE OF A PERSONAL MOTOR VEHICLE

An Employee whose use of a personal car for school business is approved by the Superintendent shall be reimbursed for the use of said car at the current IRS RATE. Records of mileage shall be submitted monthly on the form provided by the School Department.

ARTICLE 42 - DURATION

This Agreement shall become effective on the first day of July 2018 and shall continue in full force and effect until midnight June 30, 2021. Should the Union or Employer desire to negotiate a successor Agreement, either party shall give written notice by certified mail to the other no later than January 1, 2021.

In the event or necessity that the City/School Department sponsors special legislation regarding a longer contract (seven year deal), the Union agrees to support and endorse such legislation by writing a letter.

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IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals by their duly authorized Officers and Representatives as of the day and year first above written.

SCHOOL COMMITTEE:

v Domenic

Christopher Collins v, ,~ G l,.. t,iv IN'"'-"'-'

~~ arbara Gresham

Law Department

,lh / d T . . ~\~ \.l'f'-'Ap rove As o Appropnat1on:

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UNITED FOOD & COMMERCIAL ~KERS, LOC L 1459, AFL-CIO

Timothy . Plant , Chief Administrative Financial Officer

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Date: (oUf/:-(

FOR THE CITY OF SPRINGFIELD, SPRINGFIELD PUBLIC SCHOOLS:

SIGNATURE PAGE, CONTINUED

Approved:

--lr'p"="'nie~~""""'-!-:v1--tt-£--=ttJ~ ,~-_/ Superintendent of Schools

SPRINGFIELD PUBLIC SCHOOLS Springfield, Massachusetts

SAME ASSIGNMENT SUBSTITUTE TEACHER

PERFORMANCE REPORT NAME: DATE: ----------- ------

SCHOOL: ----------------------------The Springfield Public Schools is requesting that you comment on the performance of Same Assignment Substitute Teachers that have worked in your school. In your summary, please include your thoughts in the following areas: instructional skills, classroom management, student discipline/control, rapport with students and staff, and potential for success as a regular teacher.

COMMENTS:

Principal

SPRINGFIELD PUBLIC SCHOOLS Springfield, Massachusetts

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Date

•. . . . .

LETTER OF INTEREST IN A TEACHING POSITION

As a Teaclier Certified (Pending Certification) by the Massachusetts Department of Education, I wish to be considered for a contract teaching position in the Springfield Public Schools.

At the point of my fotm.al hiring as a SUbstitute Teacher in the Springfield Public Schools, I am requesting that I be given a Teacher Apj,lication Form which I will complete and return to the Personnel Department for inclusion in my permanent substitute file. I understand that the Personnel Department will review my credentials, and discuss the appropriateness of this request prior to giving me a Teacher Application FoIIll.

My present status as a Teacher is as follows:

D

·D

Certified Teacher MA Certification Number ____________ _ • Field/Level of Certification _______________ _

Certification Pending • Field/Level Certification _________________ _

• AnticipatedDate of Certification

Thank you for your assistance in this matter.

NAMB DATE

ADDRESS . TELEPHONE

CITY STATE/ZIP

PLEASE RETURN THIS FORM ATTACHED TO YOUR COl\lPLETED DAY TO DAY SUBSTITUTE TEACHER APPLICATION FORM. . .........................•................................•......................... (PERSONNEL DEPARTMENT USE ONLY) Application Received by Date Received _________ _

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THE PUBLIC SCHOOLS OF SPRINGFIELD, MASSACHUSETTS

CONTRACT OF EMPLOYMENT

ZONE CLUSTER SUBSTITUTE TEACHER

The Springfield Public Schools has hired you as Zone Cluster Substitute Teacher. In this position

as a Zone Cluster Substitute Teacher you will be paid at the contract rate listed in Article 36- Wages of

the Collective Bargaining Agreement between the Springfield School Committee and the United Food

and Commercial Workers' Union.

The wage specified in Article 36 for Zone Cluster Substitute Teachers is based on a minimum of

one hundred and fifty ( 150) days as a Zone Cluster Substitute Teacher in a given school year. You will

not be eligible to continue to serve as a Zone Cluster Substitute Teacher in the next school year if you do

not complete 150 work days in this school year. However, if you do not complete 150 work days as a

substitute teacher this school year, you would be eligible to serve as a Day to Day Substitute Teacher next

year in the Base salary rate contained in Article 36- Wages of the Collective Bargaining Agreement.

You would be eligible to reapply to be considered as a Zone Cluster Substitute teacher position in the year

following your service as a Day to Day Substitute teacher. Approval to serve again as a Zone Cluster

Substitute Teacher must be authorized by the Springfield Public Schools.

Your signature on this Contract of Employment acknowledges that you understand and agree to

the conditions set forth in this Contract of Employment.

ZONE CLUSTER SUBSTITUTE TEACHER

NAME

DATE

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SPRINGFIELD PUBLIC SCHOOLS

NAME

DATE

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