Our Contract

This agreement was developed in the true spirit of "collaborative/win-win" negotiations. Even though we had no "formal" training in this approach, we believed our joint communication skills coupled with the strong desire to negotiate in this manner, would allow us to succeed.

Now that we have concluded the process, we believe we have achieved our goals. All members of the negotiating team were full participants in the process. Discussions focused on getting to the heart of the issues. There was no positional bargaining, no posturing, no throwaways put on the table, and no "us/them" mentality. The entire process was conducted in a timely manner in an atmosphere of dignity and respect.

As this contract is implemented, it is our desire to deal with any questions of intent or interpretation that may arise, in the same manner in which this document was developed.

This contract is herein entered into between the Mill River Union High School District #40, hereinafter to be known as the "Board", and the Mill River Teachers Association, hereinafter to be known as the "Association", which contract shall become effective July 1, 2000 and shall continue in effect through June 30, 2003, and from year to year thereafter unless a successor agreement is negotiated by the parties.

ARTICLE I
Recognition

The Board, pursuant to its action of November 5, 1975 herein recognizes the Association as the sole and exclusive bargaining agent for the teachers of the Mill River Union High School for the purpose of negotiating and administrating this contract. Unless otherwise indicated, members of the Association will hereinafter be referred to as "teachers".

ARTICLE 11
Negotiations

The Board agrees to enter into negotiations with the recognized association legally certified to represent the teachers, in order to arrive at a successor contract. All negotiations shall be conducted in accordance with and pursuant to Title 16, Chapter 57, Vermont Statutes Annotated. During negotiations the Board and the recognized Association shall present data, exchange points of view, and make proposals and counterproposals. The Board will make available to the association for inspection all public records, data, and information of the Mill River Union High School District. The Superintendent, on behalf of the Board, shall be provided with pertinent data as he/she shall require. Either party may, if it so desires, utilize the services of outside consultants and may call upon professional and lay representatives to assist in negotiations. The Board agrees not to negotiate or otherwise deal with any teachers organization other then the Association identified in this contract during the duration of the Association's legal certification.

ARTICLE III
Compliance

This contract is a complete agreement between the contracting parties covering all mandatory subjects for negotiation. The parties agree that the relationships between them shall be governed by the terms of this contract only. No prior agreements or understandings shall be controlling except when such agreements shall be reduced to writing by the mutual consent of both parties. Nothing contained within this Article shall prevent the Board and the Association from consulting at any time to discuss matters of mutual concern and/or necessary to the equitable implementation of this agreement.

ARTICLE IV
Teacher Rights

The Board recognizes the right of each teacher to freely organize, join, and support the Association, or any teachers group of his choice, for the purpose of engaging in collective negotiations with the Board. The Board also recognizes the right of any teacher not to join or support this Association or any similar group or union. The Board shall not discriminate against any teacher by reason of his membership or non-membership in the Association, or his participation in any grievance consistent with the terms and procedures of this contract. Neither shall the Board discriminate in the hiring of any teacher on the basis of race, color, religion, national origin, sex or marital status. It shall be the policy of the Board to hire only in accordance with the procedures and administrative regulations set forth by the Vermont State Department of Education.

ARTICLE V
Rights of the Board

In recognition of the fact that the laws of the State of Vermont vest responsibility in the Board for the quality of education in, and the efficient and economical operation I of the Mill River Union High School District #40, it is herein agreed that except as specifically and directly modified by express language in a specific provision of this contract, the Board retains all rights and powers it has, or may hereafter be granted by law.

ARTICLE VI
Grievance Procedures

Definitions: A grievance shall be construed for the purpose of this contract to mean a claim or dispute involving the interpretation and/or application, either in whole of in part, of any written and presently operative portion or provision of this contract. Under no circumstances shall any matter which is not a part of this contract be considered a valid cause for grievance. This exclusion shall include items intended for future negotiations, those which may be under current negotiations, and items which have been the subject of past negotiations, but which have not been made a part of the existing contract. A grievant, or and aggrieved person, shall be such person as institutes a grievance at its initial stage or step under this contract.
Time Limits: All time limits contained in this grievance procedure shall consist of calendar days.
Right to Representation: The grievant shall, at all steps in the formal grievance procedure herein provided for, be entitled to be represented by a representative of the Association or by such other representative as he may choose, or to appear with the assistance of such representative, except that at no time shall the grievant be represented by an administrative official of the school district.
AY Procedure Requirement: No grievance shall be entertained except in accordance with the procedures specified in this contract. Failure by the grievant to adhere to these procedures within the specified time periods shall render the grievance null and void. Failure of the appropriate administrative body to render a decision within the specified time periods shall be construed to be a decision in favor of the grievant and shall not be subject to appeal.
Right to Withdrawal of Grievance: A grievance shall at all times and throughout all steps of this procedure, remain the exclusive property of the grievance who shall retain the right to withdraw the grievance at any time or at any step of the grievance procedure.
Informal Discussion: Nothing contained within this grievance procedure shall be construed as limiting the right of any teacher having a grievance to discuss the matter informally with his supervisor before filing the matter as a formal grievance, and having the dispute adjusted without intervention of the Association, provided such adjustment is not inconsistent with the terms of this contract. Should such informal process fail to resolve the grievance, then a formal filing of the grievance shall be made in accordance with the following procedure.
Step I - Grievant shall forward a written copy of the grievance to the appropriate building principal, setting forth the specific problem being grieved and stating the redress sought. The principal, shall within seven days after the receipt of the grievance, render in writing a decision, copies of which shall be given to the grievant and to the Association. No grievances shall be given consideration unless it is filed at STEP I of this procedure within fourteen days of the occurrence which gave rise to the grievance.
Step II - If the grievance is not resolved at Step 1, the grievant may, within seven days, forward a written copy of the grievance to the Superintendent of Schools, indicating the reason for dissatisfaction with the decision of the
4i A building principal and the redress sought. The Superintendent shall, within fourteen days after the receipt of the appeal, render in writing a decision, copies which shall be given to the grievant and to the association.
Step III If the grievance is not resolved at STEP 11, the grievant may, within seven days , forward in writing to the Dean of the Board of School Directors or his agent, setting forth the reason for the dissatisfaction with the decision of the Superintendent of Schools and stating the redress sought. The Board shall, within twenty-one days of the receipt of the specified documents meet either as a whole or by committee, to consider the substance and adjudication of the grievance, and shall within fourteen days of such meeting or meetings render in writing a decision, copies of which shall be given to the grievant and the Association.
Step IV - If the grievance is not resolved at STEP 111, the grievant may, within seven days, request binding arbitration upon the matter. Such request shall -be made in writing, and shall be delivered in person or by registered or certified mail to the Superintendent of Schools, and to the President of the Association or his designated representative. The person of an arbitrator shall be determined by mutual agreement between the parties, should the parties be unable to agree upon an Arbitrator , then arbitration shall be requested from the American Arbitration Association. Decisions of the Arbitrator in matters of grievance shall be final, and shall not be 'subject to appeal by either party. Costs of arbitration shall be home jointly by parties to the grievance. The arbitrator shall have no power to alter or amend the terms of this contract. Should any party desire a transcript of the proceedings in arbitration, that party shall bear the full costs of such transcript. The Board, the Administration, and the Association agree to furnish any information requested which is established to be pertinent to the processing of a dispute presently being grieved. No grievance shall be initiated or processed during assigned working hours. No reprisals of any kind will be taken by the Board or the Association against any teacher because of his participation in this Grievance Procedure. Under no circumstances shall students who are minors be involved in the hearing of, or resolution of, a grievance, unless written consent from a parent of guardian is filed with the Superintendent of Schools in advance.

ARTICLE VII
Leaves of Absence

7.1 Leave Days: Each teacher shall accrue leave days at the rate of seventeen (I 7) days per year for a maximum time accrued, including the current year, equivalent to one contract year. A person who has accrued the maximum time available, will at the beginning of the school year, receive 17 non-accruable days for use in that year. Leave days may be used for the following reasons:
Sick Days: For bonafide illness of the employee. Certification by attending physician may be required for extended use.
Personal Days: For personal business which cannot reasonably be transacted during non-school time (including religious activities, family illness or death, other family emergencies, as well as personal business). It is agreed that these days are to allow teachers to meet family business and emergency situations with a minimum loss of teacher instructional time. Use of these days must be accompanied by a signed statement from the teacher verifying the reasons as stated above. These days cannot be used for extended childcare, or in association with extended leaves.
Additional leave days may be granted in special cases or under emergency situations at the discretion of the Board, upon written request. A written accounting of all accrued leave days shall be given to each teacher by the first pay day in September-of each year.
7.2 Professional Days: Professional days, in excess of three (3) days per year, for the purpose of visiting other schools, or attending meetings or conferences of an educational matter may be granted at the discretion of the principal, and requests for such visiting days at least forty-eight (48) hours in advance of the time desired. These days shall not be cumulative from year to year. Professional days shall be recorded as.
7.3 Extended Leave of Absence: Extended leaves, without payment of salary or fringe benefits, may be granted by the Board for extenuating circumstances, including pregnancy, childbirth, child care, and adoption. Each case shall be considered on an individual basis. Following such leave the teacher shall have no more or less protection from staff reductions as a result of being on leave. A teacher shall be eligible to remain a member of the group health insurance plans and premiums shall be paid by the Board only when leaves are granted because of illness.
7.4 Pregnancy Leave: A teacher will be granted leave of absence, for the temporary disability related to pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery therefrom. Accumulated sick leave may be used for that portion of the leave for which the attending physician certifies that the teacher is unable to assume her teaching responsibilities. Extended leaves will be granted for a reasonable length of time and shall be governed by the conditions set forth in Section 3 above. A teacher who becomes pregnant shall notify the Superintendent, in writing, at least two months prior to the commencement of any pregnancy leave or extended leave associated with pregnancy.
7.5 Jury Duty: A teacher will be granted paid leave time for the purpose of serving on Jury Duty. It is agreed that when such service requires less than a full day, said teacher shall return to his/her duties at Mill River, where practical. Such leave time shall not be charged against accrued leave time. Stipends paid by the court to the teacher (excluding travel allowances) shall be paid over to the school to cover the costs of substitutes.

ARTICLE VIII
Contract Renewal

8.1 Members of the Association shall be notified on or before February 15 of the current contract year if their contracts are not to be renewed for reasons related to job performance. Such notice shall be in writing from the Superintendent and shall include a statement of reasons supporting the action. Absence of such notification shall mean that the teacher will be offered a contract.
8.2 Members of the Association shall be notified by March 15 of the current contract year if their contracts are not to be renewed because of a reduction in force or the elimination of teaching positions. Absence of such notification shall mean that the teacher will be offered a contract. Contracts shall be issued by March 15th of each year provided a salary agreement is in place.

ARTICLE IX
Salary

All teachers shall be placed on an appropriate step of the salary schedule, attached as Appendix A. Horizontal placement on the schedule shall be made based on transcripts and/or signed statements by teachers on file in the Superintendents office no later than September 1. A non-binding form shall be filed with the Superintendent no later than December 14 for those teachers who anticipate a horizontal movement on the salary schedule in the coming school year.
Nothing contained herein shall limit or deny the authority of the Superintendent, with the consent of the Board, to place a new teacher entering first service as a permanent teacher with the Board, at an experience level of the salary schedule which is mutually agreeable between the teacher and the Board. In no event shall this agreement place a new teacher at a point on the salary schedule where the salary is less than that provided for by the stepping the halfway point between Step One and the step the teacher would attain if given full credit or a and experience. Prior to the agreement between the teacher and the Board, the candidate shall be given the appropriate salary for the teacher's education and experience.
Teachers will be paid every two weeks. A teacher who desires to receive his/her remaining paychecks in June may do so providing he/she files a written request to this effect with the office of the Superintendent of Schools no later than May 1.
Deductions from salary for M.R.T.A. Dues, T.S.A., and/or Credit Union shall be allowed upon a signed written request form the individual teacher. Requests to increase deductions must be provided the Superintendent prior to September I shall continue in effect until written notification of cancellation or reduction is received and processed.

ARTICLE X
School Year

For the purpose of this contract, the period of teaching service shall be one hundred eighty-four-(184) days per year in year one of this contract and 185 days per year in years two and three. The number of teaching days shall not exceed one hundred seventy-five (175) per year with the balance of the above time (9 days) to be used for planning, in-service training and educational meetings. In years two and three, one additional day shall be included in the calendar. The designation as a student or professional day shall be determined by the School Board before June CST. One of these days shall be at the beginning of the school year for the purpose of teacher planning and preparation. Time allocated for parent conferences shall constitute a second day. This parent/teacher conference shall be in the fall as outlined in Appendix B. The Association shall be involved in the development of the school calendar.

ARTICLE XI
Health Insurance

A teacher shall be eligible for a single, two person, or family membership in the current group medical insurance program, and the district shall pay the premium cost, less a $337 annual employee contribution. However, no teacher shall be covered more than once (either directly or as a dependent) under the Supervisory Union. Also, no teacher shall be eligible to cover a dependent already covered by a district in the supervisory union. Eligible teachers electing not to be covered by the plan shall receive $2000 for each full year not enrolled. Teachers not covered by the plan may elect to enroll on the following dates: January 1, July 1, or October 1.
To be eligible to receive the $2000 stipend non-participation in the plan, eligible teachers must file a written agreement with the Superintendent of Schools by June15. This agreement shall be binding upon the teacher for the entire school year (July 1 to June 30) with one exception. This exception shall enable a teacher who loses all other health insurance coverage to enroll at the earliest anniversary date and to receive reimbursement for premiums paid in the interim at a rate not to exceed the current Mill River premium rate. The $2000 payment shall be prorated for part-time teachers and those qualifying for the above exception. Payment of the $2000 stipend shall be made December 15, and teachers shall be liable to repay the district for any adjustments made after this date. In years two and three of this contract, teachers will pay one half of any premium increases in the cost of health insurance.
Dental Insurance - the district shall pay 100% of the cost of the employee membership (single) in a group dental insurance program. ( I 00% A & B2 50% C )
Life Insurance - the district shall pay 100% of the cost of the group life insurance policy of $50,000.00.

ARTICLE XII
Inservice Program

The Board shall provide inservice program s. The Association shall be involved in the selection and
scheduling of these inservice programs and its recommendation shall be I incorporated in proposals made to the Board by the administration. The costs of these programs shall be paid by the school district. The final determination regarding the selection and scheduling of workshops shall be a decision of the Board.

ARTICLE XIII
Notification

Any formal notice to be given by one party to the other under the terms of this contract may be delivered be registered or certified mail or hand delivered as conditions warrant. If given by the Board, said notice shall be sent to the President, Mill River Teacher's Association, and if given by the Association, said notice shall be sent to the Chairman, Mill River School Board, c/o Superintendent of Schools.

ARTICLE XIV
Severability

If any section, subsection, provision, clause, or portion of this contract shall for any reason become invalid, or be deemed so by a court of competent jurisdiction, such portion and such validity shall not affect the validity of the remaining portions thereof.

ARTICLE XV
Necessity of Voter Approval

All provisions of this contract which provide for the payment of wages or other form of financial remuneration as conditions of employment shall become operative only upon approval of the school budget as initially submitted by the Board at the annual meeting. If the Board's initial budget proposal is reduced, leaving inadequate funds to finance the salaries and fringe benefits which have been agreed upon, then negotiations between the Board and the Association w on each and every item of his contract, but only after all reasonable representation to the voters and alternative solutions have been found untenable. Nothing contained in this article is intended to invalidate any rights guaranteed to teachers by Vermont Statutes.

ARTICLE XVI
Professional Development

1. Tuition Payments: The School district will pay actual tuition costs (plus CSC comprehensive fee) for graduate level courses taken by teachers up to a maximum of 6 credit hours per teacher, per contract year at a rate not to exceed the UVM rate per credit hour, provided: ( Advance payment may be requested.)
a. Such courses shall be for professional growth, or in an area of teaching assignment which the teacher presently in or to be assigned in the coming year.
b. Such courses have been approved in writing by the appropriate building administrator prior to registration or are being taken at the specific direction of the Principal.
c. The Board shall not be required to pay any salary or fringe benefits except as noted below for a teacher who is on sabbatical leave. The board may elect to pay a portion of salary and benefits given the sabbatical plan is directly related to school goals and demonstrates the potential for significant positive impact on the school. A detailed written report of activities during leave shall be transmitted to the Superintendent. If a teacher desires to remain under the group health insurance plan, the Board will pay 100% of the cost for a maximum of one year. A teacher on sabbatical leave shall be eligible for tuition payments as noted above or as otherwise stipulated by the Board.
d. Upon return from a sabbatical leave, a teacher shall be placed on the salary schedule at the same experience level (vertical step) as he was eligible for at the time his/her leave began and at the educational level (horizontal column) as he/she qualifies for at the time of his/her return to teaching.
e. The teacher agrees to return to employment at Mill River for two full school years in the event of a full school year's leave. Failure to fulfill this agreement shall result in the return to RSSU of all moneys paid during the sabbatical leave.
c. Teachers may request approval and tuition payment will be approved if the course or workshop is being taken at the direction of the administration or teacher can provide justification in terms of his or her assignment, or because of initiatives being supported by the school. Such approved courses may be applied for movement of the salary schedule.
d. Teachers may apply, through a mini-grant process, for stipends to support professional development, professional collaboration, curriculum development and/or other projects that are related to school goals. Approval of funds, up to an amount equaling 6 credit hours, will be determined by the Board.'
2. Sabbatical Leave: A teacher who has completed at least five (5) full years in the School District may apply for a sabbatical leave for the purpose of further study. The Board will grant such leaves based upon the merits of individual applications and may award leaves for other reasons which they determine to be of value to the school system. The following rules shall apply to all leaves which are approved.
a. Sabbatical leaves shall be granted so that no more than one teacher shall be on leave at a given time.
b. Written requests for sabbatical leaves must be received by the Superintendent no later than March 15 and action shall be taken on all such requests by April 15 of the school year preceding the school year for which the leave is requested.

ARTICLE XVII
Staff Reductions

The Association and the teacher(s) involved shall be notified of any reductions in staff, scheduled for the following September, by March 15. The Board will attempt to accomplish reductions in staff through normal staff turnover, where possible. In the event of reductions in staff the teachers with the most recent dates of appointment shall be the first to be laid off. To accomplish this the Superintendent shall reassign teachers within the areas of certification so that all positions are staffed by certified personnel. A teacher with a more recent date of appointment shall not be laid off if this prevents staffing of all positions by certified personnel. Under no circumstances shall the Superintendent be required to assign a teacher to a subject area that he/she has not taught at Mill River. It is also understood that the Superintendent, with consent of the board, shall have the authority to adjust any and all teaching assignments (within areas of certification) to insure that in his/her opinion the best qualified person is assigned to each position. Teachers laid-off will be rehired for any position which opens, for which they are qualified, during a two year period following a layoff.
Nothing in this clause (or any other clause of this contract) will require the Board to increase the hours of a part-time teacher into a full-time position. The exception to this shall be when a written agreement is made between the Board and a full-time teacher to allow the teacher to temporarily accept a part-time assignment and return to full-time teaching at a specified time. It is agreed that such an agreement shall be binding on both the Board and the Union.

ARTICLE XVIII
Severance Pay

1. Retirement and Layoff: Any teacher who, after a minimum of 10 years of continuous service in the Mill River system, leaves the district due to retirement or layoff (not dismissal) shall be paid a bonus of $400.00 per year of teaching service in the Mill River System (prorated for less than full-time service). Retirement is understood to mean that the teacher is eligible for and applies to receive benefits under the teachers' retirement system.
2. Resignation: After a minimum of ten years of continuous service in the district a teacher signifying by a letter of intent to leave the district (resign), at the end of the contract year, shall be eligible to receive severance pay of $100.00 per year of service (prorated for less than full-time service). Teachers dismissed for cause under VSA Title 16 will not be eligible. Teachers shall not be eligible for both this stipend and number I above. Nor, shall new teachers, beginning in the 2000-2001 school year, be eligible for severance pay, if the reason for leaving is to assume another teaching position.
3. Continuous Service: Leaves of absence approved by the school board for health, educational and parenting reason (even though they are not credited to years of service) shall not constitute a break in the term of continuous service.

ARTICLE XIX
Reassignments

The Superintendent, with the consent of the School Board, shall determine and implement all reassignments in level or subject matter. A teacher who wishes to be considered for a reassignment shall submit such a request in writing. Teachers involved in reassignments shall have an opportunity to discuss the pending reassignment with the Superintendent or the School Board, at the teachers request. All vacancies, including administrative, shall be promptly posted in the school and a copy sent to the Association President. This shall apply to RSSU vacancies, whenever possible. Members of the association, who apply for a vacancy and who are qualified, will be interviewed by the Board prior to candidates from outside the system.

ARTICLE XX
Contract Limitations

Any teacher who has been hired to fill the vacancy of (1) a teacher who has been granted a leave of absence (for illness or any other reason), or (2) one who has been hired to fill the vacancy of a teacher who resigned after July 1, shall not be covered by any provisions of this agreement regarding contractual renewal, termination, layoff or recall. Any contract issued for the above purpose shall be considered a special contract, subject to renewal only by provisions specifically written into the special contract of the individual. Renewal into a permanent position shall be considered a regular contract, subject to all provisions in this agreement regarding