Contract Between West Warwick School Committee and West Warwick Teachers' Alliance AFT Local # 1017, AFL-CIO


Effective September 1, 1998 through August 31, 2001

with extension option through

August 31, 2002

PREAMBLE

The School Committee of the Town of West Warwick and the West Warwick Teachers’ Alliance, Local #1017, American Federation of Teachers, AFL-CIO, acknowledge and reaffirm their realization that their common duty involves much more than their collective bargaining endeavors.

Education of the highest quality is the goal of both the School Committee and the West Warwick Teachers’ Alliance. Together, excellence in education will be achieved. Together, problems of great concern will be resolved.

This goal will be approached constructively through periodic consultation. Such consultation will take place without trespass or interference upon the distinct and special powers and duties of either party in the process.

To this end, the West Warwick Teachers’ Alliance will from time to time present to the Committee its own views and suggestions on certain school problems clearly within its knowledge and province as the agency in the school system having the closest overall contact with the classroom teacher.

It is hoped that this continuing consultation throughout the school year will contribute significantly to the advancement of public education in the Town of West Warwick.

AGREEMENT MADE AND ENTERED INTO on the 16th day of December, 1997, by and between the School Committee of the Town of West Warwick (hereinafter referred to as the "Committee") and the West Warwick Teachers’ Alliance (hereinafter referred to as the "Alliance").

Considering that Committee and the Alliance have followed the legally prescribed method of collective bargaining, and both parties have discovered such procedure to be equitable, serene, fair and orderly, and

Considering that because of the results of a secret ballot election, the Alliance was chosen by a majority of the teachers as the exclusive bargaining agent for all such teachers, and

Considering that the Committee and the designated representatives of the Alliance have met and have fully discussed and considered, on behalf of the teachers in the bargaining unit, changes in salary schedules, improvement in professional working conditions, and a procedure for the solution of grievances, it is agreed as follows:

ARTICLE 1 RECOGNITION

Section 1: The West Warwick School Committee recognizes the West Warwick Teachers’ Alliance, Local #1017, American Federation of Teachers, AFL-CIO as the exclusive bargaining agent for all certified personnel, hereinafter referred to as teacher or member, in the Town of West Warwick, excluding the Superintendent of Schools, the Assistant Superintendent, Director of Student Services/Guidance Counseling, Principals, Vice Principals, Director of Special Education, Early Childhood Director, and all other promotional positions as defined in Article 5 A.

Section 2: The Alliance will continue to maintain its eligibility to represent all teachers by continuing to admit persons to membership without discrimination on the basis of race, creed, color, national origin, sex, marital status or place of residence and to represent equally all employees without regard to membership or participation in or association with the activities of any employee organization. The Committee will continue its policy of not discriminating against any employee on the basis of race, creed, color, national origin, marital status, place of residence or association with the activities of any employee organization.

ARTICLE 2 SCOPE OF THE AGREEMENT

Section 1: It is recognized by the parties that all provisions of this Agreement may, during its life, be altered only by agreement of the parties.

Section 2: Neither the Committee nor the Alliance nor their representatives shall take any action violative of or inconsistent with any provision of this Agreement.

ARTICLE 3 UNION PRIVILEGES AND RESPONSIBILITIES

Section 1: The School Department shall make available to the Alliance upon reasonable request any and all information, statistics and records relevant to negotiations or necessary for the proper implementation of the terms of this Agreement. This Section will not apply to personnel files, but only to public records kept by the School Department.

Section 2: Building Representatives: The building principal recognizes the Alliance’s Building Representative as the official representative of the Alliance in the building. The Alliance will make available to the School Department a list of the respective Building Representatives. The principal shall meet with the Alliance’s Building Representative at the request of either party to discuss building operations or educational concerns or activities relating thereto.

Section 3: Meetings with the School Committee: The School Committee shall provide the Alliance with a place on the agenda of its public meetings, regular or special, to discuss matters of mutual interest if so requested by the Alliance five (5) days prior to the meeting.

A copy of the School Committee agenda shall be sent to the Alliance President at the time it is sent to the Committee members and a portfolio with any and all information affecting teachers or the Alliance Contract shall be prepared for the Alliance President or Alliance Representative at all regular and special meetings of the Committee.

The School Department shall provide the Alliance President a copy of all official School Committee Meeting minutes.

The School Department shall provide the Alliance President three (3) copies of the annual budget when it is prepared each year.

The School Department shall notify the Alliance President whenever a special meeting of the Committee open to the public is to be held. If such meeting is to be held during school hours, the Alliance President or his/her designee will be relieved of his/her teaching duties so that he/she may be in attendance at such meetings.

In addition, the Alliance, upon its written request and according to Committee procedures, shall be entitled to appear before the Committee to speak on matters of educational importance or on issues which deal with the terms and conditions of this Contract.

Nothing contained herein shall be so construed as to prevent the parties from meeting more frequently than provided for above.

Section 4: Meetings with the Superintendent: The Superintendent of Schools shall meet periodically with representatives of the Alliance to discuss matters relating to the implementation of this Agreement, educational needs or concerns of the school system or administrative-staff relationships.

 Section 5: (a) Bulletin boards will be provided in the Teachers’ Lounges for the use of the Alliance.

ARTICLE 6 SENIORITY

Definition: A. Definition: Seniority shall be defined as the length of continuous service in a full-time teaching position in the West Warwick School Department. In the case of an approved part-time position, seniority shall accrue at the proportional rate of a full-time position.

B. If a vacancy or new position occurs, administrators may return to the bargaining unit and shall be considered to have continuous service for the number of years (or portion thereof) that the individual served in the bargaining unit, provided said administrator never left the West Warwick School Department prior to returning to the bargaining unit. For the purposes of this Section, the recall rights and provisions set forth in Article 22 and the recall/involuntary transfer rights and provisions as set forth in Article 7 shall first be applied and shall supersede the provisions of this Section.

C. Where length of service in a position in the bargaining unit is equal, the date of official appointment by the School Committee shall be the determining factor.

D. System-Wide Seniority: System-wide seniority shall be the length of continuous service in a position in the bargaining unit except in the case of a leave of absence without pay by the School Committee. In cases of approved leaves of absence without pay, such time shall not count towards seniority but shall not void accumulated seniority.

E. Building Seniority: Building seniority shall be the length of continuous service in a position in the bargaining unit except in the case of a leave of absence without pay by the School Committee. In cases of approved leaves of absence without pay, such time shall not count towards seniority but shall not void accumulated seniority.

F. Precedence: Building seniority shall be superseded by system-wide seniority in all cases where seniority is a determining factor or criterion except as specified in Article 7, C 6 and in Article 23, C 7.

G. School Department List: The School Department shall prepare system-wide seniority list and make available to any member of the bargaining unit his/her system-wide seniority as it may affect or contribute to the resolution of any specific problem(s). The School Department shall prepare this list by November 15th and provide three (3) copies to the Alliance.

H. The School Department shall provide the Alliance President by October 1st of each year with the current status of any and all teachers who have been suspended/terminated, recalled and/or involuntarily transferred since the previous year.

 ARTICLE 7 TRANSFERS AND ASSIGNMENT

A. Vacancies, Postings and New Positions

1. All teaching vacancies and all new positions shall be posted for twenty (20) school calendar days before they are filled. In the event that any true vacancy or any permanent position occurs or is anticipated to occur after the school year has begun, said true vacancy/new position shall be filled in accordance with R.I.G.L. Title 16-13-2. In the event that any true vacancy, permanent position or full-year long-term substitute (LTS) position occurs or is anticipated to occur during the summer recess, all members of the bargaining unit who are on record with the West Warwick School Department as being duly certified to hold said position shall be notified by first-class mail. The twenty (20) day posting shall commence with the date appearing on the notice of posting. Upon receipt of a written request from the Superintendent, the Alliance President may grant a written waiver of the twenty (20) day posting requirement in favor of a posting period of shorter duration.

2. If a vacancy is created as a result of paragraph 1, then paragraph 1 will not apply to the created vacancy.

B. Assignment

1. No teacher shall be required to teach subjects, grades or classes outside his/her area(s) of certification.

2. A teacher shall be involuntarily transferred from the area(s) of certification only when scheduling makes such a transfer necessary and then only when no one with the same certification agrees to a voluntary transfer.

3. No elementary teachers shall be involuntarily transferred more than one (1) adjacent grade unless such involuntary transfer would result in a teacher with more building seniority being involuntarily displaced. In such an instance, the teacher involuntarily transferred shall be transferred to the nearest grade level where he/she may displace the teacher with the least building seniority provided that the teacher have less building seniority than the teacher originally transferred involuntarily. The teacher so displaced, in turn, shall be placed in the nearest grade level where he/she may displace another teacher with less building seniority and so on.

4. In the event of the reduction or elimination of any position within a particular school building which would result in the involuntary transfer of the teacher with the least building seniority in filling a vacancy and/or new position in another building, said teacher so affected may opt, on the basis of his/her system-wide seniority, to fill whichever vacancy and/or new position to which he/she could be involuntarily assigned (transferred) and for which he/she may be certified.

For the purposes of this Subsection, said vacancies and/or new positions shall only be those which the School Department anticipates to be available for the next school year by ten (10) school days before the June 1st time limit as set forth in Article 23, Section A.

Such procedure of involuntary assignment (transfer), if so opted by said teacher, shall be made known before such time that other teachers might opt by building and/or system-wide seniority to transfer voluntarily. If said involuntarily transferred teacher opts not to invoke his/her system-wide seniority in the instance described above, then he/she shall be assigned only after such time that all voluntary transfers and the shifts resulting therefrom have been completed.

This Subsection shall not apply to anticipated vacancies and/or new positions made known to the School Department after the time frame referred to above. In such instances, seniority, as set forth in Article 6 and in Section C, Subsection C of this Article, shall be the rule.

For the purposes of this Subsection, all vacancies and/or new positions relative to the above shall be posted and/or listed for seven (7) school days in lieu of the twenty (20) day posting and/or listing as set forth in Section A of this Article.

5. In the event of the reduction or elimination of any position(s) resulting in the suspension/termination (layoff) of the least senior teacher(s), said teacher(s) may invoke the terms and provisions of Article 22 and accordingly, if eligible, shall be reassigned to a vacancy and/or new position before such time that teachers who are assigned for the following school year may voluntarily transfer to vacant and/or new positions. This is in no way to be misconstrued as being a waiver of any of the terms and provisions either of Article 6 or of Article 22.

C. Transfers

1. All teaching vacancies and new positions shall be posted and/or listed in conformance with A 1 above on all teacher bulletin boards.

2. If the Superintendent denies transfer to a teacher who is qualified for the job vacancy, whether the transfer position involves transfer within a school, between schools, at either the same educational level or different educational level or from one subject area to another, he/she shall be required to show cause which may result in an appeal through the grievance procedure. However, the Superintendent may deny a voluntary transfer to any non-tenured teacher who has not completed his/her probationary service in the position to which he/she was regularly appointed.

3. Teachers may express in writing to their principals their preference of:

4. The principal after noting the preferences, shall forward the written notification in 3 above to the Superintendent.

5. Seniority will be the determining factor in filling new or vacant teaching position provided that all candidates who have applies are equally certified to fill the position. Members whose request for transfer is denied shall receive a written notification within ten (10) school days after a new or vacant position is filled.

6. Only where transfer within a building is concerned will building seniority supersede system-wide seniority. However, the above will not apply in filling new positions or true vacancies which become available. In such instances, the provisions of Section B, Subsections 4 and/or 5 of this Article must first be satisfied, and any remaining new positions or true vacancies will then be filled on the basis of system-wide seniority.

7. Transfers made because of decreased pupil enrollment shall be based on seniority provided that all teachers who wish voluntarily to transfer have had an opportunity to do so.

The teacher with the least seniority within the classification being reduced shall be the first transferred, and so on provided that substitutes filling a vacancy in the same classification have first been removed.

8. Teachers transferred because of reduced pupil enrollment shall have the right to return to their original school and/or classification in the reverse order to that in which they were transferred out provided a request for such transfer is made within one (1) year from the date of transfer.

9. Where transfers are required because all or part of the student body is moving to a new school, the staff of the school being reduced shall have first priority in transferring to the new school.

10. Any teacher required to transfer to a new school due to future reorganization plans to be instituted by the School Committee shall move to his/her new building assignment with his/her accumulated building seniority intact and shall be placed accordingly on the building seniority list.

11. Requests for transfer under A 1 above will remain valid only for the posted period for the specific position(s) posted.

12. Teacher specialists who are assigned professional duties in two (2) or more non-adjacent schools shall be granted full consideration for transfer as provided in terms of system-wide seniority.

13. A regularly appointed teacher may request on the basis of his/her system-wide seniority to fill any long-term substitute position known in advance, provided however, that said teacher shall have communicated such intentions to the Superintendent in advance of the vacancy and provided further that said position is for one (1) year only and the teacher shall return to his/her original position upon the completion of that year and shall remain in his/her original position for a minimum of one (1) complete school year, unless the granting of another long-term substitute transfer is mutually deemed by the Alliance and the Superintendent to be in the best interests of the West Warwick School Department.

ARTICLE 8 CLASSROOM REASSIGNMENTS

A. Teachers requested to change classrooms shall be given a two (2) week notice whenever practicable before a change is to occur.

B. The building principal shall provide that all teaching equipment, materials and supplies be moved to the new location when a change in teaching station is to occur.

ARTICLE 9 SCHOOL YEAR

It is agreed that the school year for the students will remain at one hundred eighty (180) days. However, the Committee has the right to require one additional day's work of the teachers. Said day would fall on the week day immediately preceding the first (1st) day of school for students and would be used to allow for administrative staff meetings and for classroom preparation by teachers.

In addition to the above, the school year for teachers shall be extended on a flexible-time basis for the purpose of conducting ongoing system-wide professional staff development. The specific terms and provisions of said staff development and of said flexible-time school year extension shall be set forth by separate but related Memorandum of Understanding.

 

ARTICLE 10 SCHOOL DAY

A. It is agreed that the length of the school day in the elementary schools shall be six (6) hours for the children with fifteen (15) minutes before and fifteen (15) minutes after for the teacher.

B. It is further agreed that at the secondary level teachers will be expected to be at their work stations fifteen (15) minutes before school starting time and twenty-five (25) minutes at the close of school with no change in the length of the school day.

C. Faculty Meetings

Faculty meetings will begin as soon as practicable after the release of students at dismissal time but not later than the usual dismissal time for teachers. Such meetings will conclude no later than forty-five (45) minutes after the commencement of the meeting, and all full-time teachers and those part-time teachers whose teaching programs involve the last period of the school day, except for those having previously scheduled medical or dental appointments or for those experiencing an emergency situation, are expected to be in attendance and remain through the conclusion of said meeting. There shall be no more than six (6) such meetings with the principal and/or director and one (1) with the Superintendent of Schools in a given school year unless there is an emergency need. In such an emergency, a faculty meeting will be convened upon the mutual agreement of the building principal or director and the Building Representative. A calendar/schedule of all such regularly scheduled meetings will be provided each teacher on the first (1st) day of school, and any change to that calendar/schedule must be made and communicated in writing to each teacher within at least two (2) weeks of any scheduled meeting. Furthermore, no meeting, other than in an emergency, will be convened unless each teacher be provided a written and detailed agenda of the issues/topics of said meeting within at least three (3) school days of said meeting. Only in an emergency may such a meeting be convened on the last day in a given school week.

D. In the event of double sessions, the Contract will be reopened at the request of either party but shall be limited to hours and working conditions.

E. The Alliance will be consulted with respect to any and all prospective changes in the starting times and/or closing times of schools.

F. Special education teachers administratively assigned to the Special Education Office shall have a work day which will not exceed that of a "secondary" teacher.

G. Release Time Days for Professional Staff Inservicing

The length of the school day on full release time days for professional staff inservicing shall be six and a half (6.5) hours inclusive of a one (1) hour lunch period and a fifteen (15) minute break in both the morning and afternoon sessions. Further, on all partial release time days, teachers shall be provided a forty-five (45) minute period for lunch/travel between school buildings, and their regularly scheduled preparation periods shall be equally apportioned in length. However, the provisions of this Section may be suspended subject to mutual written waiver between the Superintendent and the Alliance.

ARTICLE 11 INSURANCE

(*)A. The Committee shall provide at no cost, except as otherwise indicated below, to members of the bargaining unit all the benefits of Blue Cross/Blue Shield (BC/BS) of Rhode Island's Classic Blue Health Care Plan for all certified personnel on individual coverage or on family coverage, as the case may be, of the following:

1. Semi-private Blue Cross
2. Plan "100" Blue Shield
3. Catastrophic Illness
4. Special Diagnostic Rider
5. 365 Day Hospitalization Rider
6. Medical Emergency Rider
7. 26 year-old Student Rider
8. Chiropractic Rider
9. Maternity Rider
10. Mental Health Rider
11. Prescription Drug Rider ($2.00 Co-Payment Plan) **
12. Vision Care Rider - Preferred Provider Program
13. Organ Transplant Rider
14. Major Medical (80% / 20% Co-Payment) as follows: ($1,000,000 lifetime maximum per individual)

a. Blue Cross/Blue Shield - $100 Deductible (Max. of 2 members per family)

b. Zero Dollar Deductible ** - Self -Insurance (80%/20%) Co-Payment of Difference of $100 Deductible Amount as provided in (a) above

** This provision shall automatically sunset/expire from the Contract on August 31, 1999; however, 1999 Major medical claims shall include all reimbursable expenses incurred through December 31, 1999.

B. (*) Dental Insurance:

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C. Term Life Insurance:

The Committee shall provide each member of the bargaining unit, at no cost to members of the bargaining unit, a term life insurance policy with accidental death benefit (double indemnity) in an amount according to the following schedule:

 

1998-99 1999-2000 2000-01 2001-02

In addition, members shall be given the opportunity to purchase either a matching amount of group term life insurance as provided for in the above schedule at the group rate and shall reimburse the School Department for the entire cost thereof through a payroll deduction. However, the entire cost thereof shall include any incremental costs that are unavoidable in connection with the purchase of the second (2nd) matching amount, but not with the first (1st) matching amount. All present and prospective retirees shall be afforded the privilege of paying the proper amount to the School Department to remain participants in the term life insurance group. The death benefit of this insurance plan will be reduced by fifty percent (50%) upon the subscriber's attainment of age seventy-five (75).

D. Workmen's Compensation Insurance shall be provided for all certified personnel.

E. Retirees Benefits:

1. The Committee shall provide and fully pay the cost of the individual plan for each of the current members of the bargaining unit with fifteen (15) or more years of actual service in West Warwick who is eligible to retire from the Employees’ Retirement System and who retires and shall provide and fully pay the cost of the individual plan for his/her spouse (or surviving spouse) for four (4) years for each of the medical coverages listed under Section A of this Article (*).

Furthermore, the Committee shall provide and fully pay the cost of the individual plan for each of the current members of the bargaining unit with twenty-five (25) or more years of actual service in West Warwick who is eligible to retire from the Employees' Retirement System and who retires and shall provide and fully pay the cost of the individual plan for his/her spouse (or surviving spouse) up through their attainment of age sixty-six (66) or up to the minimum age of eligibility for federal Medicare coverage, as the case may be, for each of the medical coverages listed under Section A of this Article (*).

 Finally, the Committee shall provide and fully pay the cost of the individual plan for each of the current members of the bargaining unit with twenty-eight (28) or more years of actual service in West Warwick who is eligible to retire from the Employees’ Retirement System and who retires and shall provide and fully pay the cost of the individual plan for his/her spouse (or surviving spouse) up through their attainment of age sixty-six (66) or up to the minimum age of eligibility for federal Medicare coverage, as the case may be, for each of the medical and dental coverages listed under Sections A and B of this Article (*).

Should said retiree and/or spouse (or surviving spouse) be eligible for medical coverage under Section A (or Section F) of this Article or under any alternate plan, then the Committee will be obligated to furnish only excess coverage so that said retiree and/or spouse will have equivalent coverage of that offered by the Committee. Should a retired teacher and/or spouse (or surviving spouse), subsequent to retirement, lose said alternate coverage, then the Committee shall pick up full coverage under this Subsection.

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2. All current retirees who are not eligible and all current members who retire and who are eligible for the paid benefit coverage in Subsection 1 above shall be afforded the privilege of reimbursing the School Department the full amount under Section A or Section F of this Article and/or to remain a participant, up to the extent it is permissible, in other group plan coverages and/or other insurance plans provided teachers.

3. All current members eligible for the paid benefit coverage in Subsection 1 above shall have the privilege of reimbursing the Committee the full amount of the cost to remain a participant, up to the extent it is permissible, under any or all other group plan coverages and/or other insurance plan provided teachers.

4. The surviving spouse of a deceased member of the bargaining unit or of a deceased retiree shall have the privilege of reimbursing the Committee the full amount of the cost to remain a participant, up to the extent it is permissible, under any or all insurance group(s) or plan(s) under this Article.

5. Retirees who are eligible for paid insurance benefits and/or for the privilege of paying the proper amount to continue insurance benefits shall be entitled to receive each, every and all of the insurance benefits specifically set forth and in place under Article 11 (Insurance) of the Agreement which is in place at the time of their separation from employment.

For the purposes of this Article and of Article 4 (Grievance Procedure), a retired bargaining unit member or his/her surviving spouse shall have the same standing as an actively employed bargaining unit member.

 F. Health Maintenance Organization (H.M.O.): (*)

In lieu of those benefits provided in Section A of this Article, the Committee shall, at the option of individuals, provide all those benefits of an H.M.O. program to include all comparable or similar available riders and to include all those riders in Section A that are self-insured by the Committee. If the cost of the H.M.O. program is higher than the cost of the benefits provided in Section A, the individual will pay the difference via a payroll deduction.

Where an H.M.O. program does not provide a vision care benefit as part of its program, the Committee, at its expense through self-insurance, shall provide all members electing an H.M.O. the equivalent of the Vision Care, Preferred Provider Plan, as set forth under Section A of this Article.

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(*) same as the footnote for Sections A and/or B above except that the H.M.O. in Section F (the cost of which shall not exceed the cost of the benefits of Section A) shall be substituted in lieu of the benefits of Section A.

G. Group Prepaid Legal Insurance Plan:

The Committee, at its expense, shall provide members of the bargaining unit individual plan or family plan coverage, as the case may be, for the benefits provided in the group prepaid legal insurance plan as currently underwritten by Midwest Mutual Insurance Company. However, the Committee, in any succeeding school year, will only be responsible for paying a maximum of the first (1st) six percent (6%) of any rate increase from the preceding school year. Any portion of a rate increase greater than six percent (6%) shall be borne by the individual members through a payroll deduction. The Committee and the Alliance agree to consult periodically to decide mutually whether the carrier and/or underwriter of this plan should be changed.

 H. Employee Assistance Program:

 The Committee shall provide and fully pay the cost of an Employee Assistance Program (EAP) through RIEAP Inc. for each member of the bargaining unit and his/her immediate family members.

I. Insurance Vendors:

The Alliance and the Committee agree that their mutual interests would be best served if some or all of the insurance benefit plans provided herein were purchased on the open market rather than through pre-determined vendors. The parties agree, therefore, that an ongoing Task Force, consisting of the President and Vice President of the Alliance and the Superintendent of Schools and the Director of Administration will investigate and determine methods of accomplishing this objective and recommend appropriate action to the Alliance Executive Board and the Committee when unanimous in their opinion. Both parties stipulate that although specific benefit items and service delivery differences will exist in insurance benefit plans offered by individual vendors, such differences will not be the single definitive factor considered in recommending a vendor change or selection.

ARTICLE 12 SCHOOL CALENDAR

A. The School Calendar shall be considered a working condition and term of employment and shall be discussed by both the Committee and the Alliance before being adopted.

B. Any days required as make-up days above three (3) consecutive days due to any reason whatsoever shall be the subject of mutual agreement between the parties.

C. The official School Calendar shall be posted in each school by June 1st of the preceding school year.

ARTICLE 13 PAYROLL DEDUCTIONS

A. The Committee agrees to provide payroll deductions for Alliance dues. The Committee agrees to provide payroll deductions for all employees who are represented by the bargaining unit and who are not members of the West Warwick Teachers’ Alliance; said payroll deduction shall be a fee equal to a proportionate share of the cost of securing the benefits which are provided in this Contract. All said deductions shall be forwarded to a designated Alliance Officer. It shall be a condition of employment that each employee furnishes authorization in writing.

B. The School Department shall deduct the amount required to the WWTA/RIFTHP/AFT COPE (Committee on Political Education) Program from each paycheck of those teachers who have given the School Department written authorization and remit same to the Alliance Treasurer with each payroll. The Alliance Treasurer shall, upon request, be provided a list of all such teachers.

C. Payments to the United Way may be deducted by request in writing. A signed pledge card furnished by the United Way, properly completed and signed, shall satisfy the "in writing" requirement.

D. Payments to the Centreville Bank, the Coventry Credit Union or the Warwick Credit Union shall be deducted by request in writing. The Committee agrees to make every reasonable attempt, within budgetary constraints, to include payments to Fleet bank and Citizens bank as soon as possible.

E. Payments to authorized "Tax Sheltered Annuity Plans" pursuant to U.S. Public Law 87-370 shall be deducted as requested in writing. Authorized "Tax Sheltered Annuity Plans" shall mean those plans programmed for such deduction as of January 1, 1979.

ARTICLE 14 TEACHER DIRECTORY

Each teacher shall receive annually a printed directory of the names, addresses and telephone numbers of the current staff by November 15th; however, if a teacher requests that his/her telephone number shall not appear, the request will be honored. The Alliance shall be provided with five (5) copies of the same.

ARTICLE 15 SICK LEAVE AND LEAVE OF ABSENCE

1. A. Sabbatical:

Two (2) teachers with five (5) or more continuous years of teaching service in West Warwick shall be granted one (1) year's leave of absence for a year's professional study in an area of certification at an approved institution and shall be entitled that year to the teaching salary minus the pay of a first year teacher. Professional study in this Subsection is defined as documented, successful, and full-time matriculated study in an accredited college or university for each of the fall and spring semesters. Such leave shall establish full credit for seniority, longevity and salary increments upon return of the teacher. There shall be continued for such teacher on leave the benefits provided in Article 11. Teachers on such leave shall have regular monthly retirement contributions deducted by the Committee as required by law, based upon the salary earned from the West Warwick School Department for the period of such leave. Teachers who are granted this privilege shall sign an agreement with the West Warwick School Department to return as a teacher for at least one (1) year's service or for-one half (1/2) year's service if the sabbatical is for one-half (1/2) year. Said agreement will provide that if the teacher does not voluntarily return to the West Warwick School Department after said sabbatical, said teacher will reimburse and pay to the West Warwick School Department all funds and monies received by said teacher in the form of salary and benefits, and the teacher will agree to reimburse the West Warwick School Department for all funds expended in continuing all health and other insurance coverage. Application for sabbatical leave must be made by January 31st of the year preceding the requested sabbatical.

B. Each teacher on tenure shall be granted upon his/her request a one (1) year's leave of absence without pay for full-time matriculated study. Such leave shall not establish credit for seniority, longevity and salary increments upon return of the teacher.

2. Sick Leave: A sick leave day is defined as a school day (or a portion thereof) that is taken by a teacher by reason of that teacher's physical/psychological inability to perform his/her professional services on that particular school day.

Absence of teachers, teachers shall receive:

YEARS OF SERVICE DAYS PER YEAR ACCUMULATED LEAVE
1 - 10 10 60
11 - 20 15 90
After 20 20 120

Teachers absent more than twenty (20) consecutive school days in a given school year may be required, at the discretion of the Superintendent, to provide medical/psychological documentation by a physician to support further absences beyond twenty (20) days in that particular school year. The Superintendent, upon review of said documentation and after consultation with the Alliance, may further require the teacher, within a reasonable period of time, to be examined by a physician scheduled and paid for by the School Department. Should the findings of this physician differ substantially from those of the teacher's attending physician, the teacher may be required to undergo a third (3rd) examination. Said third (3rd) examination would be conducted by a physician mutually selected by the Superintendent and the Alliance President. Failure on the part of the Superintendent and the Alliance President to agree mutually on the selection of said physician would be settled by lottery with both the Superintendent's and Alliance President's submission of three (3) envelopes each containing the name of a qualified physician. Any adverse action taken against the teacher upon completion of this process may be appealed by the teacher and the Alliance through the grievance procedure. For the purposes of this Section, however, should the matter proceed to arbitration pursuant to Article 4, Section 6 of this Agreement, the arbitrator shall render a decision in which it will be clearly indicated as to which of the parties (the Committee or the Alliance) has prevailed. The party so prevailing will not be responsible for the fees and expenses of the arbitrator. Such fees and expenses will be borne in total by the other party. All personal matters concerning the above will remain strictly confidential among all parties concerned.

3. Extended Sick Leave:

A. Extended sick leave shall be granted to all permanently appointed bargaining unit members in or beyond their third (3rd) year of service in West Warwick and to all tenured teachers only. Members who have exhausted their accumulated sick leave pay pursuant to Section 2 above shall be paid for their utilization of extended sick leave days at a rate equal to their daily rate of pay minus fifty dollars ($50).

B. General Provisions

4. Illness in the Family:

In the event of an illness or an emergency in the immediate family, a regular teacher is to receive full pay for a period not exceeding five (5) days in any school year.

5. Death in Family:

A teacher absent from school due to the death of a father, mother, husband, wife, son daughter, brother, sister, mother-in-law, father-in-law (or any relative with whom the teacher might be living) is to be allowed five days with full pay.

6. Death of Relative or Friend:

In the event of the death of any relative or of a friend, the teacher is to be allowed one (1) day or that portion of that day needed to attend the funeral without loss of pay. However, should the deceased be the spouse/relative/friend of a teaching colleague, it is understood that the school will not close, but that a representative delegation may represent that school’s faculty at the funeral.

7. Court Leave:

Court appearance - no limit as party defendant or party plaintiff, or as witness under subpoena or on jury duty, full pay and benefits, but the teacher must remit to the School Department all compensation as witness or juror.

8. Military:

9. Personal Days:

D. Utilization:

10. Maternity Leaves:

Except as otherwise provided under the Rhode Island Parental Leave Law (R.I.G.L. Title 28-48), a teacher who becomes pregnant may elect one (1) of the two (2) types of leave that follow:

A. Short-term Maternity Leave:

Short-term maternity leave shall be for a period of time during the pregnancy in which the teacher is physically unable from performing her duties as a teacher and extending after the termination of the pregnancy for the period of time immediately following said termination that the teacher is physically disabled from performing her duties as a teacher. The teacher must notify the Committee in writing of her pregnancy and inform the Committee in said notification of the estimated date at which her disability will prevent her from performing her teaching duties. The teacher will also notify the Committee within ten (10) days after the termination of the pregnancy of the estimated date at which she will be able to return to her teaching duties. While absent on short-term maternity leave, the teacher shall be entitled to utilize her accumulated sick leave. The teacher must return from leave as soon as she is physically able to perform her duties as a teacher. The Committee shall have the right to have the teacher examined at Committee expense by a qualified medical doctor designated by the Committee. The election to take a short-term maternity leave must be made prior to the commencement of the leave. A teacher who elects short-term maternity leave shall not be entitled to a long-term maternity leave.

B. Long-term Maternity Leave:

Long-term maternity leave shall be for a period of up to two (2) years and shall be without pay. Health insurance coverage, as provided in Article 11, shall be continued by the Committee through the month of the termination of the pregnancy. After the month of the termination of the pregnancy, the teacher may elect to remain covered by the group insurance plans for the remainder of the leave, in which case she will be responsible for the entire cost thereof. The teacher who elects to take a long-term maternity leave must notify the Committee in writing at least thirty (30) days prior to the commencement of the leave. If the teacher commences such leave after the one hundred thirty-fifth (135th) day of any year, the teacher may take such leave in excess of two (2) years providing for a return at the beginning of the school year in September of the following calendar year(s). The Committee, solely at its discretion, may grant a leave of absence of more than two years plus forty-five (45) days. Such extension, however, shall not extend beyond September 1st of the third school year of said leave, and said extension shall not be cited as a precedent in any other request for such an extension. Salary placement shall be at the same step as when the leave became effective except that when the teacher has completed one hundred thirty-five (135) days or more of a school year, it shall be counted as a full year. The election to take a long-term maternity leave must be made prior to the commencement of the leave. A teacher who elects long-term maternity leave shall not be entitled to short-term maternity leave. Upon return, the teacher shall be placed in the assignment that was left if it is still open. If the position that was left is not open, the teacher shall be placed in as nearly comparable a position as is available, and all unused benefits accrued prior to said leave shall be credited to the teacher. Upon return, the teacher will retain the seniority held at the time the leave became effective.

11. Religious Observance:

Full leave shall be provided for certified personnel of the Jewish faith for religious observance. Such leave shall not exceed three (3) days in any school year other than those days already on the School Calendar.

12. Job-connected Injury:

13. Return from Leave:

14. Legal Adoption:

A leave of absence without pay shall be granted in the event of a legal adoption by any member of the bargaining unit. Said leave shall be similar to 10 B of this Article.

15. Emergency and Discretionary Leaves:

Teachers may make application for long-term or discretionary leaves of absence without pay or benefits. The Committee may, upon consultation with the Alliance, grant said emergency or discretionary leaves of absence. Each application for said types of leave shall be considered on its own merit, and the granting of said types of leave shall not establish future precedent for the granting of similar types of leave.

16. Leave for Alliance Officials:

Leave with full pay to an aggregate total of ten (10) school days (or portion thereof) for the Alliance President and/or his/her designee to be selected by the Alliance shall be allowed to attend educational conferences of the Department of Education, the Rhode Island General Assembly legislative hearings relating to education, the educational meetings of the AFL-CIO or AFT, or its affiliated organizations that are beneficial to the teacher in his/her teaching profession. The Alliance President and one (1) other designee may utilize personal days to attend to business as officials of the West Warwick Teachers' Alliance. One (1) week's notice to the Superintendent shall be given before such leave is to be taken when possible. No designee shall utilize more than three (3) of any such days in any particular school year.

17. Schedules for Alliance Officials:

A. Daily leave (or portion thereof) with full pay may be granted to the Alliance President (or his/her designee to attend to urgent Alliance business not otherwise provided for in this Agreement. In each instance, the Alliance shall reimburse the Committee an amount equal to the daily rate of pay (or portion thereof) of a short-term substitute teacher for each day of such occurrence.

B. The Alliance President and the Building Representatives at the Middle School and the High School shall not be assigned extra-duty assignments (i.e. homeroom assignment on the secondary level, recess duty, bus duty, cafeteria duty corridor and/or lavatory duty, early morning duty, activity period supervision, detention, etc.) subject to emergency needs determined by the building principal.

C. Building Representatives at the elementary schools will be given time whenever practicable to attend to Alliance matters. Elementary school Building Representatives (one (1) per physical school structure) shall not be assigned extra-duty assignments (i.e. recess duty, yard duty, bus duty, cafeteria duty, corridor and/or lavatory duty, detention, etc.) subject to emergency needs determined by the building principal.

D. Reduced Teaching Schedule for Alliance President:

The Committee shall provide a reduced teaching schedule for the Alliance President as follows:

1) The Alliance President who may be assigned at the elementary level shall receive a reduced teaching schedule equivalent to one half (1/2) of a regular full-time teaching schedule. The reduced portion of the schedule shall be arranged to begin at the beginning or at the middle of the school day at the Alliance President's option.

2) The Alliance President who may be assigned at the secondary level shall receive a reduced teaching schedule of three (3) periods per day from a regular full-time teaching schedule of five (5) periods per school day. The reduced teaching periods will be scheduled in consecutive order at the beginning or at the end of the daily rotation of teaching periods so that the regular preparation period will run consecutively with the three (3) reduced teaching periods.

3) It is understood that the current Alliance President holds a full-time teaching position and is entitled to return to fill the reduced portion of his/her full-time position at the beginning of the year following his/her departure from the status of Alliance President. Furthermore, the Alliance President shall receive the reduced teaching schedule as provided in this Subsection at no personal cost and without any reduction in pay, seniority, grade, fringe or status. Finally, it is understood that should a teacher assume the status of Alliance President after the school year has begun, he/she will not receive a reduced teaching schedule until the beginning of the next school year.

4) The Committee may fill any portion of the Alliance President's reduced teaching schedule with a part-time long-term substitute pursuant to Article 31, Section B and Article 26 of this Agreement.

18. Quarantine:

There shall be no loss of salary in any instance when a teacher is subject to quarantine by order of the Board of Health for reason other than personal illness of the teacher. This Section shall apply as long as the quarantine is in effect. Absence under this provision must be supported by a certificate from the Department of Health. However, such quarantine shall be deducted from accumulated sick leave.

19. Professional Visitation:

Teachers may be allowed time for professional visitation upon the discretion and the approval of the Superintendent.

20. Paternity Leave:

A leave of absence without pay shall be granted to any male member of the bargaining unit for the purpose of the childrearing of his newly born child. Said leave shall be similar to 10 B of this Article, provided, however, that the mother, if employed by the West Warwick School Department, shall not be entitled to concurrent or overlapping leave except as otherwise provided under the Rhode Island Parental Leave Law (R.I.G.L. Title 28-48).

21. Teacher-Exchange Program:

Pursuant to the approval by the Committee, tenured members of the bargaining unit shall have the opportunity to work in another school district while continuing their pay, experience, seniority and tenure in the West Warwick School Department. This exchange will provide the opportunity for professional observation and growth by daily working in another school district without jeopardizing current status and will enable the West Warwick School Department the opportunity to gain input from daily communication with the exchanged teacher's counterpart.

22. For the purposes of this Article, it is agreed that no paid leave days provided herein shall be utilized for the purposes of vacation and/or such other leisure activities.

ARTICLE 16 EQUIPMENT

The School Committee shall make an effort to provide a sufficient number of duplicating machines and typewriters in good working condition for use by teachers in preparing instructional materials.

Teachers shall have access to and use of available copying machines for the preparation of classroom instructional materials. The cost of such preparation shall be gratis within reason for such classroom instructional materials.

ARTICLE 17 DUTY-FREE LUNCH PERIOD

The Committee agrees to provide an uninterrupted duty-free lunch period of thirty (30) minutes daily for all elementary teachers. However, in lieu of providing a daily preparation period for all teachers who service less than full-day programs (i.e. half-day Kindergarten programs and half-day pre-school programs, etc.), the School Committee shall provide such teachers with an average daily uninterrupted duty-free lunch period of seventy-five (75) minutes.

The Committee further agrees to continue to provide an uninterrupted duty-free lunch period daily for all secondary teachers.

ARTICLE 18 FACULTY ADVISORY COMMITTEE

A. The principal in each elementary and secondary school in September of each year shall establish a faculty advisory committee from among interested members.

B. The purpose of the advisory committee shall be to meet periodically to discuss educational matters of concern to the teachers and the principal relating to the respective schools.

C. The committee shall be organized on the following basis:

1. Elementary schools with one (1) to nine (9) teachers - all interested may serve on the advisory committee.
2. Elementary schools with ten (10) or more teachers - up to five (5) teachers nominated by the faculty.
3. Middle School and High School - up to seven (7) teachers nominated by the faculty.

D. These nominations shall be provided for annually.

E. The committee shall meet before or after school, and such meetings shall not be considered as satisfying the provisions of this Agreement relating to faculty meetings or other required meetings.

F. The principal shall consider all recommendations of the committee. The committee shall be strictly advisory, and its position on any matter(s) shall not bind the principal in making decisions.

G. The principal and the committee shall keep the faculty informed regarding the committee's deliberations.

ARTICLE 19 PREPARATION PERIODS

A. The Committee will provide one (1) uninterrupted preparation period per day for secondary teachers. It is understood that no teacher at the secondary level will be required to teach more than five (5) periods per school day. Neither the preparation period nor the scheduled teaching periods will include the before and/or after times set forth in Article 10. All secondary teachers assigned to teach in "team" situations shall be assigned, where practicable, both common teaching time and a common preparation period. In addition, all such teachers shall be equitably provided a minimum of two (2) "team planning" periods in a six (6) day rotation.

B. The Committee will provide one (1) uninterrupted preparation period per day of a minimum of forty-five (45) minutes for all elementary teachers exclusive of those elementary teachers who service less than full-day students programs. Neither the preparation period nor the scheduled teaching periods will include the before and/or after times set forth in Article 10.

C. As they have continued to be in the past, teachers shall be free to leave the building during their unassigned teaching/supervision/duty time upon direct notification to the office in order to conduct urgent and necessary personal or professional business.

 

ARTICLE 20 EXTRACURRICULAR AND EVENING ACTIVITIES

A. Teachers will not be required to attend more than three (3) evening meetings or activities without compensation at the class coverage rate set forth under Article 32, Section 1 of this Agreement. Such meetings shall not be longer than two and a half (2.5) hours in duration.

These evenings may be chosen from a list prepared by the principal at the beginning of the school year. It is the principal's prerogative to specify certain nights for certain teachers.

B. Specialized and non-specialized activities will be rotated whenever practical. Teachers desiring these activities will inform, in writing, the principal or the Athletic Director.

ARTICLE 21 CLASS PREPARATIONS AND CLASS SIZE

A. When practical, preparations for academic classes at the secondary level will be limited to two (2) a day.

B. Class Size Limits:

It is agreed by the parties that, under no circumstances, unless otherwise provided in this Agreement, will teachers be assigned to teach/supervise more than the number of students per class as indicated as follows:



Grade Level


Maximum
K & 1 23
2 & 3 25
4 & 5 26
6 to 12 26
Pre-One 18
 Elem. Transitional 18


Any student who is exited during the school day for resource or other instructional reasons for half (1/2) or more of the school day shall be counted for not more thanhalf (1/2) of an enrollment billet for purposes of class size limitations in the Contract.

However, in cases where the addition of new and unexpected students after the school year has begun might exceed the maximum class size limit(s) provided above and where such addition(s) cannot reasonably be foreseen, class size may increase beyond said limit(s) but may not exceed said limit(s) by more than one (1) student in any regular academic classroom in that grade level or subject level. In order to forecast better the reasonable projections of maximum class size limits for the ensuing school year, the Superintendent will provide the Alliance President by June 1st with all such projections. However, no such additional placement will be made until after consultation with the Alliance on a case by case basis. Furthermore, beyond the equitable assignment of one (1) such additional student to each of the teachers in that grade level or subject level, either a new full-time or part-time position will be created immediately and a number equal to all those additional students previously assigned in excess of the class size limit(s) will then be reassigned to the teacher appointed to the created new position. The placement of all such additional students must be made on an equitable system-wide basis. Assignment of such students will be accomplished on a voluntary basis with building seniority being the sole criterion for such assignment. However, in the event that no teacher volunteers to accept such assignment, then the assignment will be made on an involuntary basis to the teacher with the least building seniority. Daily compensation for each such assignment will be equal to the amount of compensation set forth under Article 32 (1) of this Agreement, and such daily amount shall be divided equally on a prorated basis among all those teachers scheduled to teach/supervise such an additional student on any particular day.

C. The Alliance shall receive by October 15th a complete listing of all classes and the class size of each.

D. At the secondary level, homeroom classes and study classes shall be no greater in number than thirty-two (32) pupils per class.

E. Band, chorus and all extracurricular activities shall have class size limits based on student demand and facility limitations.

F. Special Education:

1. Resource/ Direct Service Classes: Resource teachers who provide "direct service" to students in any particular teaching period or instructional block shall have a class size limit of twelve (12) students per class in that particular teaching period or instructional block. This Subsection does not address caseload.

2. Students Mainstreamed Into Regular Instructional Classes:

a) In no instance shall the number of students mainstreamed into regular instructional classes exceed half (1/2) the total of the registered population of that class.

b) It is agreed that the administration will maintain a fair and equitable distribution of students mainstreamed into regular classes.

G. English as a Second Language (ESL):

The class sizes for all ESL classes shall be as set forth by separate Memorandum of Agreement.

H. For the purposes of this Article, all class size maximum figures mentioned above shall be the maximum figure which the administration may have enrolled into any class at any one (1) time.

ARTICLE 22 REDUCTIONS IN STAFF

A. Teachers may be suspended/terminated only when their positions are temporarily eliminated as the result of the following:

B. A position may be temporarily or permanently eliminated through attrition (retirement, resignation, etc.) only when without said elimination the average system-wide class size in that particular grade level or subject area would be substantially below the maximum class size as stipulated in Article 21.

C. If the Committee is contemplating the suspension/termination of any teachers, it will so notify the Alliance President by March 1st before the proposed effective date of the suspension/termination except in cases of emergency regarding the personal or professional misconduct or misdeed by a teacher. Such notice will be in writing and will include the specific positions to be affected and the reasons for the proposed action. Within ten (10) school days after receiving the aforesaid notice, the Committee will, if requested to do so, enter into negotiations with the Alliance regarding the need for, manner of and other aspects of the contemplated suspension(s)/termination(s) and will in connection therewith make available to the Alliance, at Committee expense, all relevant data. Any teacher who is to be suspended/terminated will be so notified in writing by March 1st before the effective date of the suspension/termination, except in cases of emergency regarding the personal or professional misconduct or misdeed by the teacher. Such notice will include the reasons for the proposed action, the lawful right of the teacher to an individual, private hearing before the Committee on the matter within a reasonable period of time and with representation, if so desired, by any person of his/her own choosing, the lawful rights of appeal of the decision of such hearing and the displacement (seniority) rights of such teachers vis-à-vis any least senior teacher(s) in the school system either in the area if certification in which the teacher is presently teaching or in any other area(s) of certification in which the teacher may be certified.

D. Displacement:

E. For the purposes of this Article, the word "certified" (or "certificated") shall mean a teacher who holds a certificate or who intends to hold a certificate by the beginning of the next school year. Said intent is to be communicated to the Committee in writing no later than January 31st of the preceding school year. The teacher shall present evidence of eligibility for certification to the Superintendent on or before the first (1st) day of the next school year.

F. Seniority:

G. Recall:

1. If there is a vacancy in a bargaining unit position or if a new bargaining unit is created, suspended/terminated teachers who are certificated to perform the work in question will be recalled in seniority order.

2. If a suspended/terminated teacher has displaced another teacher or has been recalled to a position other than that which he/she held immediately prior to his/her suspension/termination, he/she will remain eligible for recall in accordance with the provisions of Subsection 1 above.

3. The application of this Section to a long-term substitute position shall provide the recalled teacher with seniority rights and shall exempt the recalled teacher from the contrary provisions of Article 31, provided, however, that a temporarily recalled teacher shall not have greater right to a vacancy than a more senior suspended/terminated teacher not temporarily recalled. Long-term substitute positions and claims to them shall not exceed the duration of the leave creating the temporary vacancy.

4. Notice of recall will be given by certified mail to the last address given the School Department by a teacher or will be hand delivered. A copy of the letter of recall will be given to the Alliance President. If a teacher fails to respond within ten (10) calendar days after receipt of the above notice of recall, he/she will be deemed to have refused the position offered.

5. A teacher who is suspended/terminated will remain on the recall list indefinitely after the date of his/her suspension/termination unless he/she:

a) waives his/her recall rights in writing;

b) resigns;

c) fails to accept recall to the position held immediately prior to suspension/termination or to a substantially equivalent position; or

d) fails to report to work in a position that he/she has accepted within five (5) calendar days after receipt of the notice of recall, unless the teacher is sick or injured. If a teacher has secured temporary employment elsewhere, he/she will be allowed time before being required to report for work.

H. While on suspension/termination, a teacher will have the option to remain an active participant in the health and insurance programs provided for in Article 11 by contributing thereto the cost of said benefits that the Committee would have incurred had the person been actively employed.

All benefits to which a teacher was entitled at the time of his/her suspension/termination, including unused accumulated sick leave, will be restored to him/her upon his/her return to active employment, and he/she will be placed on the proper step of the salary schedule for his/her current position according to his/her experience and education. A teacher will not receive increment credit for the time spent on suspension/termination nor will such time count toward the fulfillment of time requirements for acquiring tenure.

I. Notwithstanding any other provision in this Contract, no vacancy nor new position in a bargaining unit position will be filled by the Committee until the procedures set forth in this Article have been complied with.

J. The negotiations set forth under this Article shall be conducted by the Negotiating Committee and/or the President (as its designee) for the Alliance and the School Committee and/or Superintendent (as is designee) or other School Committee designee. Any settlement as a result of negotiations shall be reduced to writing and signed by the President for the Alliance and by the Chairperson and/or Clerk for the School Committee.

 

ARTICLE 23 TEACHERS’ PROGRAMS

A. The Committee recognizes that it is desirable for teachers to know as early as possible their programs for the coming year.

The Alliance recognizes that practical difficulties sometimes force changes in a teacher's program. The Committee agrees that tentative teacher programs will be given to teachers no later than June 1st.

B. If changes occur during the summer vacation which require a change in a teacher’s program, the principal, supervisor or Department Chairperson, Department Head, Program Coordinator or Grade Leader shall provide notification to the teacher as close to August 1st as possible.

C. The Committee and the Alliance agree that, upon occasion, certain teaching schedules of Middle School or High School teachers may be split according to the following terms, conditions and stipulations:

ARTICLE 24 ITINERANT PERSONNEL

Itinerant personnel who cover two (2) or more non-adjacent school buildings in any one (1) day shall be compensated for the use of their automobile at a rate of twenty-nine cents ($.29) per mile. The average weekly mileage will be calculated together by the teacher and his/her building principal at the beginning of each school year and shall be subject to review and approval by the Superintendent.

ARTICLE 25 SUMMER SCHOOL

A. Summer school teachers shall be certified in the area(s) of assignment.

B. Teachers shall be compensated at the rate of pay per hour as provided below. It is understood that in the event of the teacher's absence, said teacher shall receive no compensation.

1998-99 1999-2000 2000-01 2001-02

$28.00

$29.00

$30.00

$31.00


 

C. Application for summer school teaching positions shall be made on an annual basis.

D. Only in the instance where certified teachers from within the bargaining unit do not make application will the Committee appoint teachers not from within the bargaining unit.

E. All teaching positions shall be posted pursuant to the provisions of Article 7, Section A. It is understood, however, that any and all positions shall be filled only when registration enrollment so warrants.

F. The maximum class size will not exceed twenty-five (25) students in any instance.

G. In the event of the teacher absence, preference for per diem substitutes shall be given to members of the bargaining unit, provided they have made application to serve in that capacity.

H. The Director of Summer School shall receive an annual salary equal to the product of the ratio of 1.4 of the hourly rate of pay set forth for teachers in Section B of this Article times one hundred (100).

I. It is understood by all parties concerned that the operation of Summer School must be completely self-supporting, and the Committee has no responsibility to provide funds in connection with this Article.

ARTICLE 26 PART-TIME POSITIONS

A. The Committee and the Alliance agree that positions within the bargaining unit are full-time positions. However, it is agreed that upon occasion, as a result of a particularly high pupil ratio, there may exist the need to create, on a temporary basis, a part-time position in a particular grade level or subject area within the school system. The Committee agrees to consult the Alliance whenever it wishes to institute such a position.

B. There shall be no more than one (1) part-time position in any particular grade level or subject area within the school system.

C. Teachers serving in part-time positions shall be considered members of bargaining unit and, as such, shall be entitled to all benefits and rights that are inherent in this Agreement that are granted to teachers serving in full-time positions. However, with regard to Articles 15, 37, 38 and 39, such teachers shall receive only the proportional credit/compensation contained therein.

D. Teachers serving in part-time positions shall receive only a proportional credit/compensation toward the benefits specified in Article 11 but shall have the right to reimburse the School Department in the proper and remaining proportional amount to secure the full benefits of any or all of the insurance groups/plans provided therein.

E. Unless mutually agreed by the Superintendent and the Alliance President to the contrary, teachers serving in part-time positions at the secondary level shall be scheduled consecutive teaching periods in the instructional rotation either at the beginning or at the end of said rotation and with a proportionally lengthened preparation period scheduled to run consecutively with the teaching periods.

F. There will be no part-time positions created to accomplish staff reductions.

G. Teachers serving in part-time positions shall have the same amount of payroll deduction as specified in Article 13 for union dues or agency fees as teachers serving in full-time positions.

H. A teacher serving in a part-time position shall accrue West Warwick tenure at the same rate as teacher serving in full-time positions. A full-time tenured teacher who transfer to a part-time position or a teacher who has been suspended/terminated pursuant to Article 22 shall not have forfeited his/her accrued tenure in the West Warwick School Department.

ARTICLE 27 TEACHER FILES

A. Teachers shall have the right to inspect their own personnel files. Each teacher shall receive a copy of any new material or evaluation that is to be added to his/her personnel files.

B. No anonymous letter(s) or materials shall be placed in a teacher's file.

C. No material, excluding references and information used in the process of evaluating the teacher for employment, which is derogatory to a teacher's conduct, service, character or personality shall be placed in the files unless the teacher has had an opportunity to read the material. The teacher shall acknowledge that he/she has read such material by affixing his/her signature in the actual copy to be filed with the understanding that such signature merely signifies that he/she has read the materials to be filed. Such signature does not necessarily indicate agreement with its content. The teacher shall have the right to answer any material filed, and his/her answer shall be attached to the file copy. The maker of the file and the maker of the material to be filed must affix his/her signature to it.

D. No matters nor material pertaining to the grievance procedure shall be included in a teacher’s personnel file.

E. Any teacher shall, upon reasonable notice, be permitted to examine and reproduce material in his/her file except for recommendations or evaluations related to the process of evaluating the teacher for initial employment or for subsequent promotions which were submitted to the Committee or the Superintendent on a confidential basis.

 

 ARTICLE 28 TRANSPORTATION OF STUDENTS

The Alliance and the Committee agree, as has been past School Committee policy, that transportation of pupils on filed trips or to athletic contests or to any school sponsored activity will only be in vehicles provided by the School Committee. At no time should it be suggested or requested that a teacher transport a student to or from school.

ARTICLE 29 EVALUATION OF TEACHERS

A. EVALUATION OF TENURED TEACHERS:

1. If formal evaluations of tenured teachers are to occur, all teachers shall be evaluated by a certified administrator, and such evaluation shall be made using the same instrument. In no case shall Department Chairpersons, Department Heads, Program Coordinatorsor Grade Leaders be responsible for the evaluation of tenured personnel.

2. Department Chairpersons, Department Heads, Program Coordinators and Grade Leaders, in the interests of the department/program/grade level(s), shall make informal observations of any personnel as well as supportive and constructive suggestions.

3. General Provisions:

4. Procedures of Evaluation of Tenured Teachers:

B. EVALUATION OF NON-TENURED TEACHERS:

1. General Provisions:

2. Procedures of Evaluation of Non-Tenured Teachers:

ARTICLE 30 SUMMONSES

A. Teachers summoned to the office of the Superintendent, principal or other administrator to whom he/she is responsible shall be given advance notice where feasible and the reasons for the summons when disciplinary measures are to be taken.

B. The teacher summoned may have an Alliance representative present.

ARTICLE 31 SUBSTITUTES: STATUS AND PAY

A. Short-Term:

A certified substitute who fills the same position for a period of less than forty-one (41) consecutive school days shall be defined as a "short-term" substitute. A substitute who fills various positions from time to time shall also be designated as a "short-term" substitute. Such substitutes shall be paid at the following minimum rate:

  1998-99 1999-2000 2000-01 2001-02
(a) per diem (up to 4 days in succession for same teacher)

$75

$75

$80

$85

(b) 5 to 10 days in succession for same teacher

$80

$80

$85

$90

(c) 11 to 40 days in succession for same teacher

$85

$85

$90

$95


Short-term substitute teachers who substitute in the West Warwick School Department in excess of sixty (60) school days in a given school year will be allowed to participate under Section A or F of Article 11 herein on a self-contribution basis during the remainder of that school year and/or during the subsequent school year. The School Department will reduce such individual contributions by five dollars ($5.00) per day for each school day that the substitute works in the West Warwick School Department during those years. Payment for said reduction will be cumulative and payable in a lump sum in the last pay period in June of each school year.

B. Long-Term:

C. General Provisions:

No substitute, short-term or long-term, shall attain any seniority to that position or to any other position while in such status. Should any position being filled by a long-term substitute become unexpectedly vacant either by resignation or death of the teacher on leave, the substitute will have the right to continue in that position until the end of the school year. The position will be posted pursuant to the provisions of Article 7, A 1.

ARTICLE 32 TEACHERS COVERING CLASSES

Whenever an absent teacher’s schedule is not assumed by a substitute, the teacher covering that part of the teacher’s class will receive compensation pursuant to Options "A" or "B" as follows for any such class covered:


(1) OPTION "A" - Immediate Payment:

1998-99 1999-2000 2000-01 2001-02

$28.00

$29.00

$30.00

$31.00

 (2) OPTION "B" - Deferred Payment:

For each class covered, in lieu of immediate payment as provided in Option "A" above, deferred payment shall be made upon the teacher's separation from the West Warwick School Department at one tenth (1/10th) of his/her current and total daily salary (1/180th of total annual salary) at the time of separation. However, in lieu of receiving such deferred payment, the teacher may utilize an additional sick leave day pursuant to Article 15, Section 2 of this Agreement for every five (5) such coverages. Such additional sick leave days so accumulated must be utilized prior to utilization of extended sick leave days. To the extent permissible by regulation of the Employees’ Retirement System, such deferred payment shall be fully includable for retirement computation for those teachers who are eligible for a service or disability retirement allotment. Teachers shall receive with the first (1st) paycheck in September a statement which accounts for the total number of deferred payment coverages that they have accumulated during previous years. Should a teacher notify the School Department by December 1st of the preceding school year of his/her intention to resign/retire at the completion of the ensuing school year, the total amount deferred under this Section shall be payable in evenly divided amounts as part of the teacher’s total salary base in the ensuing school year.

The covering of classes shall be equitably administered pursuant to the options and procedures set forth by separate Memorandum of Agreement which will be incorporated by reference into and made a part of this Agreement.

ARTICLE 33 CLOSING OF SCHOOL


When weather or other emergency conditions warrant the closing of school(s), at least radio stations WPRO (AM), WPRO (FM), WHJJ (AM), and WWLI (FM) and television stations WJAR (NBC Channel 10) and WPRI (CBS Channel 12) shall be notified not later than one (1) hour before the scheduled arrival of teachers at the earliest opening of schools.


 ARTICLE 34 TUTORS


Teachers or tutors for home instruction will be paid as listed below plus twenty-nine cents ($ .29) per mile if teaching is done outside of West Warwick. Computation for mileage will be determined by the roundtrip distance from the school building to which the teacher is assigned to the location at which the tutoring is to take place.

1998-99 1999-2000 2000-01 2001-02

$28.00

$29.00

$30.00

$31.00

The rates of pay indicated above is the hourly amount to be paid teachers or tutors who may provide after school hours instruction to a single student who is homebound/etc. or for after school hours instruction in any special program mutually deemed by the Superintendent and the Alliance to be "tutorial"/"remedial" in nature. However, in the case of such special programs, said rates of pay shall be applied as follows in approved small group tutorial/remedial situations based upon actual attendance:



No. of Students


Percent of Normal Rate of Pay
2 150.0%
3 175.0%
4 (Maximum) 187.5%

ARTICLE 35 EXTRACURRICULAR ACTIVITY DIRECTORS

Extracurricular Activity Directors *

Extracurricular Activity Directors will be recompensed as follows:

ACTIVITY 1998-99 1999-2000 2000-01 2001-02
Student Council (WWHS)

$1,740

$1,800

$1,860

$1,930

Student Council (DMS)

$1,390

$1,440

$1,490

$1,550

Yearbook Advisors (2) (WWHS)

$1,740

$1,800

$1,860

$1,930

Yearbook Advisor (DMS)

$1,390

$1,440

$1,490

$1,550

Band Director (WWHS)

$2,380

$2,460

$2,540

$2,640

Choral Director (WWHS)

$2,380

$2,460

$2,540

$2,640

Dramatics Director (WWHS) (per production, maximum of 3)

$ 710

$ 730

$ 750

$ 780

School Newspaper Advisor (WWHS)

$1,440

$1,490

$1,540

$1,600

School Newspaper Advisor (DMS)

$1,440

$1,490

$1,540

$1,600

Senior Advisor

$1,390

$1,440

$1,490

$1,550

Junior Advisor

$1,150

$1,190

$1,230

$1,280

Sophomore Advisor

$ 910

$ 940

$ 970

$1,010

Freshmen Advisor

$ 740

$ 760

$ 780

$ 810

Club Advisors

$ 630

$ 650

$ 670

$ 700

National Honor Society (WWHS)

$ 870

$ 900

$ 930

$ 970

National Jr. Honor Society (DMS)

$ 670

$ 690

$ 710

$ 740

Intramural/After School Activity Supervisors **

(a)

(a)

(a)

(a)

--------------------

        1. Intramural and after school supervisors will be recompensed for pre-authorized work at a ratio of one and a half (1.5) hours of service to one (1) hour of compensation at the current hourly rate of pay set forth under Article 32 (Teachers Covering Classes)of this Agreement.

The committee shall prepare and keep on file job descriptions of the extracurricular activities for the purpose of posting the position when a vacancy occurs. These job descriptions must be approved in advance of filing by the Alliance.

--------------------

* The amounts to be determined for Extracurricular Activity Directors shall be determined as follows:

a) The percentage differential of the tenth (10th) salary steps of the preceding school year and the succeeding school year shall be applied to the amounts as calculated for the preceding year.

b) The calculated amounts will then be rounded off to the nearest ten (10) dollars.

** The creation of Intramural/After School Program positions shall be based upon the following:

a. The Intramural/After School Program shall meet for one and a half (1.5) hours per day for a period of four (4) to six (6) weeks.

b. All Intramural/After School Program activities will require that a minimum of twelve (12) students register to participate yet also with a maximum registration of twenty (20) students for a non-intramural activity and with a maximum registration of twenty-five (25) students for an intramural activity.

 

ARTICLE 36 COACHES

Coaches will be recompensed according to the following schedule with percentages based on the salary step of the year coaching:

A. Boys’ Sports:



TEAM


PERCENT
Baseball: Middle School Head 5.00%
Basketball: Middle School Head 5.00%
Soccer: Middle School Head 5.00%
Wrestling: Middle School Head 5.00%


B. Co-ed Sports:



TEAM


PERCENT


Baseball:
High School Head
10.00%
High School Assistant 5.00%
Freshmen Head 5.00%


Basketball:
High School Head
10.00%
High School Assistant 5.00%
Freshmen Head 5.00%


Cheerleading:
High School Head
7.00% *
Middle School Head 5.00% *


Cross Country:
High School Head
5.00%
Middle School Head 5.00%


Football:
High School Head
12.00%
High School Assistants (2) 6.00%
Freshmen Head 6.00%
Freshmen Assistant 5.00%


Golf:
High School Head
5.00%


Ice Hockey:
High School Head
10.00%
High School Assistant 5.00%


Soccer:
High School Head
10.00%
High School Assistant 5.00%
Freshmen Head 5.00%


Tennis:
High School Head
5.00%


Track (Indoor):
High School Head
10.00%
High School Assistant 5.00%


Track (Outdoor):
High School Head
10.00%
High School Assistant 5.00%
Middle School Head 5.00%


Volleyball:
High School Head
7.00%
High School Assistant 5.00%


Wrestling:
High School Head
10.00%
High School Assistant 5.00%

--------------------

* for each of fall and winter seasons

C. Girls’ Sports:



TEAM


PERCENT


Basketball:
High School Head
10.00%
High School Assistant 5.00%
Freshmen Head 5.00%
Middle School Head 5.00%


Cross Country:
High School Head
5.00%


Gymnastics:
High School Head
10.00%
High School Assistant 5.00%
Middle School Head 5.00%


Soccer:
High School Head
10.00%
High School Assistant 5.00%
Freshmen Head 5.00%
Middle School Head 5.00%


Softball:
High School Head
10.00%
High School Assistant 5.00%
Freshmen Head 5.00%
Middle School Head 5.00%


Tennis:
High School Head
5.00%


Track (Indoor):
High School Head
10.00%
High School Assistant 5.00%


Track (Outdoor):
High School Head
10.00%
High School Assistant 5.00%


Volleyball:
High School Head
7.00%
High School Assistant 5.00%


All coaches shall be subject to reappointment or appointment for a three (3) year term. Qualifications, as determined by the School Committee as being equal, bargaining unit members shall be given preference. It shall not be a prerequisite to coach a West Warwick school team that the appointee be an actively employed teacher in the West Warwick School System. Finally, nothing in this Article shall be interpreted to mean that the positions listed herein are required by Contract. If any of the above positions are to be filled, that which appears above sets forth only the Compensation Percentage required during the life of this Agreement.

 

ARTICLE 37 BASIC SALARY SCHEDULE

Basic Salary Schedule

A.



STEP


1998-99


1999-2000


2000-01


2001-02
1 $28,955 $29,896 $30,868 $32,103
2 $31,419 $32,439 $33,493 $34,833
3 $33,880 $34,981 $36,118 $37,563
4 $36,343 $37,524 $38,743 $40,294
5 $38,807 $40,067 $41,369 $43,024
6 $41,268 $42,609 $43,994 $45,754
7 $43,731 $45,152 $46,619 $48,484
8 $46,194 $47,695 $49,245 $51,215
9 $48,656 $50,237 $51,870 $53,945
10 $51,119 $52,780 $54,495 $56,675

 

B. Each Person on the Basic Salary Schedule will opt one (1) of the following methods of receiving his/her paychecks:

ARTICLE 38 LONGEVITY INCREMENTS

The amount to be paid for longevity shall be determined applying the percent indicated in the categories under Years of Service below to the result of the following formula and then rounded off to the nearest dollar.

(Step 10 of Article 37 - Step 1 of Article 37)

_____________________________________


YEARS OF SERVICE PERCENT 1998-99 1999-2000 2000-01 2001-02

11 - 14

25%

$ 616

$ 636

$ 656

$ 683

15 - 19

50%

$1,231

$1,272

$1,313

$1,365

20 - 24

75%

$1,847

$1,907

$1,969

$2,048

25 - 29

100%

$2,463

$2,543

$2,625

$2,730

30 or more

125%

$3,078

$3,179

$3,281

$3,412

           

 

ARTICLE 39 SCALE OF GRADUATE CREDITS **

  1998-99 1999-2000 2000-01 2001-02
15 hours of graduate credit or pre-approved CEU’s in addition to Bachelor’s with teacher accepted in Master’s Program or hours in teacher’s discipline ………………

$1,075

$1,100

$1,125

$1,175

30 hours of graduate credits or pre-approved CEU’s in addition to Bachelor’s Degree …….

$1,875

$1,925

$2,000

$2,075

Master’s Degree or equivalent *

$2,575

$2,650

$2,725

$2,825

Master’s Degree in own area or major field ..

$2,875

$2,975

$3,075

$3,200

36 Graduate credit hours or pre-approved CEU’s in own area or major field

$2,875

$2,975

$3,075

$3,200

15 Hours of graduate credit or pre-approved CEU’s in addition to Master’s Degree or equivalent *

$3,050

$3,150

$3,250

$3,375

30 Hours of graduate credit or pre-approved CEU’s in addition to Master’s Degree or equivalent *

$3,225

$3,325

$3,425

$3,550

CAGS (Certificate of Advanced Graduate Study)

$3,850

$3,975

$4,100

$4,275

Doctorate (earned)

$4,275

$4,425

$4,575

$4,750

--------------------

* "Equivalent" is defined as having received and submitted:

a) a "Professional Certificate" (valid for life) under the Rhode Island Department of Education’s certification standards of October 1, 1965 or under any of the applicable certification standards put or to be put into effect subsequent to October 1, 1965; or

b) a "Professional Certificate" (valid for a limited but stated number of years) together with proper documentation of the successful completion of thirty-six (36) credit hours of coursework (or approved in-service coursework) beyond a Bachelor’s Degree at any postsecondary institution accredited or approved by the Rhode Island Department of Education/Board of Governors for Higher Education (under name and authority or under any other).

** The amounts to be determined for the Scale of Graduate Credits shall be determined as follows:

a) The percentage differential of the tenth (10th) salary steps of the preceding school year and the succeeding school year shall be applied to the amounts as calculated for the preceding school year.

b) The calculated amounts will then be rounded off to the nearest twenty-five dollars ($25).

 


A) National Board for Professional Teaching Standards (NBPTS) Certification:
The Committee and the Alliance believe in the value and importance of professional growth and development for teachers as essential in helping students achieve high standards. The Committee and the Alliance recognize the NBPTS certification process as a highly effective means for teachers to engage in this essential professional development.

1. The School Department and the Alliance shall encourage teachers to undertake voluntarily the assessment process to become National Board-certified teachers.

2. The School Department shall pay the application fee for up to seven (7) teachers as selected by a joint management-union committee, consisting of the Superintendent, the Assistant Superintendent, the Alliance President and the Alliance Vice President, to undertake the National Board certification process each year. Teachers who have completed the National Board certification process shall be expected to work the next year in the West Warwick school district. Failure to do so shall require the teacher to reimburse the School Department the application fee. If a teacher withdraws from the process or discontinues his/her efforts to complete the process, he/she shall be required to return to the School Department any and all application fees the School Department has paid on his/her behalf prior to the 26th pay period of that same school year.

3. Teachers who complete the process, but who do not achieve certification, shall be responsible for any National Board certification application fees in future years.

4. The School Department shall assist and support the efforts of National Board certification candidates using restricted professional development resources by providing up to five (5) professional development release-time days, and supportive, loaned materials and equipment such as video cameras, editing equipment and computers, etc. in the possession of the School Department. Professional development release-time days shall be used exclusively for activities related to the National Board certification assessment process.

5. Completing the National Board certification assessment process, but not acquiring certification, qualifies a teacher to receive six (6) district-approved credits towards the advanced increment schedule set forth in Section A above. The teacher shall provide documented verification that he/she has completed the certification assessment process.

6. Acquiring National Board certification qualifies a teacher to be entitled to receive annual compensation in an amount equal to a salary ratio of 1.10 of Step 10 of the Basic salary Schedule set forth under Article 37 of this Agreement in addition to his/her regular annual salary for the school years during which he/she holds a valid National Board certificate.

7. It is expected that National Board-certified teachers continue to work with the students of West Warwick in various capacities. The School Department and the Alliance will explore other possible roles that National Board-certified teachers may play in the improvement of the education provided for West Warwick’s students. Such other roles and activities may include, but not be limited to, mentoring, planning and delivering professional staff development, facilitating school improvement, and/or developing curriculum.

B. For proper and necessary budget control in the teachers’ salary account, specifically account 213, all teachers claiming salary adjustments for further academic credits and/or degrees must file the transcripts and/or diplomas in the Central Office by the end of January of the school year of a new contract.

ARTICLE 40 SEVERANCE PAY

Teachers, upon retirement from teaching after fifteen (15) years of professional service in the West Warwick School Department, shall be paid ninety dollars ($90) for each of the total number of unused sick leave days they have accumulated pursuant to Article 15, Section 2 of this Agreement. To the extent permissible by the regulations of the Employees’ Retirement System, such severance pay shall be fully includable for retirement computation for those teachers who are eligible for a service or disability retirement allotment.

ARTICLE 41 * DEPARTMENT CHAIRPERSONS, DEPARTMENT HEADS, PROGRAM COORDINATORS AND GRADE LEADERS

A. General Provisions:



Number of Members


Salary Ratio
up to 6 1.100
7 to 12 1.113
13 or more 1.125

6. Department Chairpersons, Department Heads, Program Coordinators and Grade Leaders shall receive one (1) supervision period daily (or the equivalent of one (1) day in a five (5) day week) in addition to their preparation period.

B. Department Chairpersons:

C. Department Heads:

There shall be Department Heads in the following areas:

D. Program Coordinators:

There shall be Program Coordinators in the following areas:

E. Grade Leaders:

There shall be Grade Leaders in the following areas:

N.B. Core Subjects are English, Mathematics, Science and Social Studies.

F. Term of Service; Elections; and Eligibility: **

The term of service of all Department Chairpersons, Department Heads, Program Coordinators and Grade Leaders shall be for three (3) school years. A nomination and election process shall be conducted within the ranks of the tenured teachers serving in the above-listed areas. Said process shall be developed and overseen jointly and mutually by the administration and the Alliance.

--------------------

* effective beginning with the 1999-2000 school year; for the 1998-99 school year, the language contained under Article 41 and under Article 42, Section 3 of the Base Contract dated September 3, 1996 shall be operative and controlling

** initial nominations and elections to be conducted during Semester II of the 1998-99 school year

 

ARTICLE 42 VARIOUS SPECIALIZED PERSONNEL

1. Athletic Director and Assistant Athletic Director/Intramurals Director:

*2. Guidance: (common footnote below)

*3. Special Education Support Staff: (common footnote below) *

4. Special Grants Personnel:

5. Activities Budget Club (ABC) Director:

ARTICLE 43 NON-TEACHING DUTIES

The Committee and the Alliance will jointly continue to investigate the prospect of relieving teachers from non-teaching duties. Such investigation will include, but will not be limited to, the following non-teaching duties: yard duty, corridor and/or lavatory duty, money collections, cafeteria duty and bus duty. However, when the results of said investigation are mutually agreeable to the parties, any such non-teaching duty/duties will be eliminated or reduced by written agreement which will be incorporated by reference into and made a part of this Agreement. No regular classroom teacher at the elementary level shall be assigned cafeteria recess duty during the lunch periods.

ARTICLE 44 CLASSROOM INTERRUPTIONS

Whenever practicable, classroom interruptions which disrupts the educational process are to be permitted only in the case of an emergency or as a result of unavoidable administrative necessity.

ARTICLE 45 PRINTING OF CONTRACT

The Committee agrees to assume the full cost of printing this Contract in booklet form. The Alliance agrees to bear the responsibility of distributing a copy of this Contract to each of the certified personnel and distributing two (2) copies to each building principal and assistant principal and further distributing a minimum of thirty (30) copies to the Central Office and to each new member hired by the Committee.

 

ARTICLE 46 SAVINGS CLAUSE

A. If any provision of this Agreement is or shall be at any time contrary to law, then such provision shall not be applicable or performed or enforced except to the extent permitted by law and, any substitute action shall be subject to appropriate consultation and negotiations with the Alliance.

B. In the event that any provision of this Agreement is or shall be at any time contrary to law, all other provisions of this Agreement shall continue in effect.

C. All previous and prospective Memoranda of Agreement, Understanding and related Contract Agreements, etc. that have continued to be in effect and that are neither inconsistent with nor contrary to any of the terms of this Agreement shall continue in full force and effect to the extent possible until such time that the parties mutually recognize and agree in writing that any or all such Memoranda (or parts thereof) have expired or shall expire. Furthermore, all such Memoranda shall be incorporated by reference into and made a part of this Agreement.

D. The invalidity of one (1) or more phrases, clauses, sentences, paragraphs, articles, sections or subsections contained herein shall not affect the remaining portions of any part thereof, and, in the event that any one (1) or more of the phrases, clauses, sentences, paragraphs, articles, sections or subsections should be declared invalid by the final order, decree or judgment of a court, tribunal, arbitrator, commissioner or regents of competent jurisdiction, the rest shall be construed as if such invalid phrases, clauses, sentences, paragraphs, articles, sections or subsections had not been inserted. If the invalid language shall be duration/time language, it shall be reduced by construction or expanded by construction, as the case may be, by the minimum amount necessary to create a valid duration/time clause, and the parties so stipulate and agree.

 

ARTICLE 47 DURATION OF THE AGREEMENT

This Agreement and each of its provisions shall be in effect as of September 1, 1998 and shall continue in full force and effect until and inclusive of August 31, 2001 or until such time that the parties reach mutual agreement on the subsequent Agreement effective September 1, 2001. Negotiations for the subsequent Agreement will commence no later than November 1, 1988 or such earlier date, as required by statute, for all other items upon request of either party filed two (2) weeks before.

ARTICLE 48 SUCCESSOR AND ASSIGNS

This Article, this Agreement and the documents incorporated into this Agreement by reference shall be binding upon, inure to the benefit of and be enforceable by and against the parties hereto and their respective successors, assigns or legal representatives. The parties agree that no transfer or use of real property, personal property or personnel relating to this Agreement will take place without the written assumption of all terms hereof. The parties further acknowledge that this Agreement is agreed to with the possibility of merger or regionalization in mind. Any such merger or regionalization in violation of this Agreement shall constitute, at the option of the Alliance, a material breach of this Agreement. The Alliance shall have the right to obtain injunctive relief for violation of the terms of this Article, without prejudice to any other right or remedy of the Alliance, and the terms of this Article shall survive the termination or the attempted termination of this Agreement. No waiver, modification or amendment of any provisions of this Agreement shall be effective unless agreed to, set forth in writing, and signed by the respective parties.

 

ARTICLE 49 OPTIONAL RETIREMENT INCENTIVE PLAN

The West Warwick School Committee will implement the Optional Retirement Incentive Plan, R.I. General Laws Title 16-7-19.1 in the last year of the Contract.

* * * * * * * * * * * * * * * * * * * * * * * * *

APPENDIX "A"

A pay telephone for faculty use shall be provided in each school facility having a student enrollment of five hundred (500) or more students. In addition, teachers shall have the right to access and use a designated school telephone to make or receive calls directly related to their job assignments.

 

APPENDIX "B" EXTENSION OPTION

There shall be an automatic option to extend this Agreement for one (1) additional year (September 1, 2001 through August 31, 2002) upon the same terms and conditions except for:

 

ARTICLE 11 INSURANCE

B. Dental Insurance:

(substitute) 1. The Committee shall provide at no cost to members of the bargaining unit, except as otherwise indicated below, those benefits provided by the Delta Dental Program, Levels I, II and III, for the individual and for the family of the individual, as the case may be, with Delta Dental’s $2,000 per year rider allowing for a maximum benefit of $2,000 per year for each individual.

(substitute) 2. In addition to the above, the Committee shall provide at no cost to members of the bargaining unit in the family plan, except as otherwise indicated below, those benefits provided for by the Delta Dental Sealant Program, Level IV, to include Delta Dental’s "Orthodontics Benefits for Adults."

(substitute) 3. In addition to the above, family plan coverage provided in the Section shall include the Dental Sealant Rider (#10096) at no cost to members of the bargaining unit, except as otherwise indicated below.

and B. (*) [common footnote] (Add (c) )

(c) Beginning September 1, 2001, employees on the health care plans set forth under Sections A or F of this Article and on the dental plan set forth under Section B of this Article shall co-pay on a "pre-tax" basis via biweekly payroll deductions five percent (5%) of the gross cost(s) of said individual plans or family plans, as the case may be.

C. Term Life Insurance:

(add) 2001-02

$62,000

 

ARTICLE 25 SUMMER SCHOOL

(add) 2001-02

$31.00

 

ARTICLE 31 SUBSTITUTES: STATUS AND PAY

B. …

(add) 2001-02

(a) $85

(b) $90

(c) $95

 

ARTICLE 32 TEACHERS COVERING CLASSES

1) OPTION "A" - Immediate Payment

(add) 2001-02

$31.00

 

ARTICLE 34 TUTORS

(add) 2001-02

$31.00

 

ARTICLE 37 BASIC SALARY SCHEDULE

A. STEP (add) 2001-02

ARTICLE 47 DURATION OF THE AGREEMENT

(substitute)

This Agreement and each of its provisions shall be in effect as of September 1, 1999 and shall continue in full force and effect through August 31, 2002 or until such time that the parties reach mutual agreement on the subsequent Agreement effective September 1, 2002. Negotiations for the subsequent Agreement will commence no later than November 1, 2001 or such earlier date, as required by statute, for all other items upon request of either party filed two (2) weeks before.

* * * *

Either party may, by written notice delivered by certified mail return receipt requested, within ninety (90) days prior to September 2, 1999, exercise its right to terminate this extension option. Should either party exercise its right to terminate this extension option, the language of this Agreement shall remain as it is (was) on August 31, 2001.

IN WITNESS WHEREOF, we, the undersigned, hereunto set our hands and seals in duplicate originals on this 16th day of December, 1997.

WEST WARWICK SCHOOL COMMITTEE

__________________________

Thomas V. Iannitti, Chairperson (Signatory)

__________________________

Gary R. Parente, Vice Chairperson

__________________________

Jeffrey M. Kos, Clerk

__________________________

Daniel T. Burns, Jr., Member

__________________________

Lynn M. Dulieu, Member

WEST WARWICK TEACHERS’ ALLIANCE

AFT Local #1017, AFL-CIO

_________________________

Donald E. Vanasse, President (Signatory)

__________________________

Michael A. Trofi, Vice President

__________________________

Thomas P. Daley, Secretary

__________________________

Robert C. Archambault, Treasurer

__________________________

Linda A. Jacobson, Member

__________________________

Rose B. Mahoney, Member

 

Attest: _________________________

Dr. Michael W. Jolin

 

_________________________

Patricia M. Greenstein