UBURN PUBLIC SCHOOLS
Excellence in Education ... By Putting Students First.

Table of Contents | Preamble | Article 1 | Article 2 | Article 3 | Article 4 | Article 5 | Article 6 | Article 7 | Article 8 | Article 9 | Article 10 | Article 11 | Article 12 | Artcile 13 | Artcile 14 | Article 15 | Artcile 16 | Article 17 | Article 18 | Appendix A | Appendix B | Appendix C 


 

AGREEMENT

 

between the

 

AUBURN SCHOOL COMMITTEE

 

and the

 

INSTRUCTIONAL ASSISTANTS OF AUBURN

 

2017-2018

 

2018-2019

 

2019-2020

 

THIS AGREEMENT IS MADE AND ENTERED INTO ON THE

 

3rd day of May, 2017 by and between the

 

AUBURN SCHOOL COMMITTEE AND

 

THE INSTRUCTIONAL ASSISTANTS OF

 

AUBURN 

 

 

AUBURN SCHOOL COMMITTEE               INSTRUCTIONAL ASSISTANTS OF AUBURN

 

_____________________________          _______________________________

George Scobie, Chairperson                 Jayne Gaboriault

 

_____________________________          _______________________________

Wayne Page, Vice Chairman                 Bernadette Engvall

 

______________________________

Gail Holloway                                      Sue Krikorian

 

_____________________________

Jessie Harrington                                Suzanne LaFlash

 

_____________________________          _________________________________

Dottie Kauffman                                  Rhonda Murray

 

                                                          _________________________________

                                                          Stephanie Tolman

 

 

 

TABLE OF CONTENTS

 

PREAMBLE                                                                                 PAGE 3

 

ARTICLE I               RECOGNITION                                                PAGE 4

ARTICLE II              NEGOTIATION PROCEDURE                              PAGE 4

ARTICLE III              WORK DAY AND WORK YEAR                           PAGE 5

ARTICLE IV             ASSIGNMENT AND TRANSFER                           PAGE 6

ARTICLE V              VACANCIES                                                   PAGE 7

ARTICLE VI             LEAVES OF ABSENCE                                       PAGE 7

ARTICLE VII             SICK LEAVE BANK                                           PAGE 9

ARTICLE VIII            EVALUATION                                                  PAGE 10

ARTICLE IX             USE OF SCHOOL FACILITIES                             PAGE 11

ARTICLE X              ACCIDENT BENEFITS                                       PAGE 11

ARTICLE XI             GRIEVANCE PROCEDURE                                 PAGE 12

ARTICLE XII             RETIREMENT BENEFITS                                   PAGE 13

ARTICLE XIII            NO-STRIKE CLAUSE                                         PAGE 13

ARTICLE XIV            SAVING CLAUSE                                             PAGE 13

ARTICLE XV            STABILITY OF AGREEMENT                              PAGE 13

ARTICLE XVI            REDUCTION IN STAFF                                     PAGE 13

ARTICLE XVII           STAFF DEVELOPMENT                                     PAGE 15

ARTICLE XVIII          HEALTH INSURANCE                                       PAGE 16

APPENDIX A            SALARY SCHEDULE                                         PAGE 17

APPENDIX B            LONGEVITY SCHEDULE                                   PAGE 18

APPENDIX C            SIDE BAR AGREEMENTS                                  PAGE 18      

                  

 

 

PREAMBLE

 

We, the parties of this Agreement declare that:

 

  1. Under the laws of the Commonwealth of Massachusetts, the Auburn School Committee as elected by the citizens of Auburn has final responsibility for establishing the educational policies of the public schools of Auburn and in all matters not expressly noted in this contract;
  2. The Superintendent of Schools of Auburn, (hereinafter referred to as the Superintendent) has the responsibility for carrying out the policies so established;
  3. The Association of Auburn Instructional Assistants has the responsibility for providing the support educational services in the public schools of Auburn which will result in a full instructional program of the highest possible quality;
  4. To give to these declarations, the following principles and procedures are hereby adopted.

  

 

ARTICLE I

RECOGNITION

 

The Auburn School Committee (hereinafter referred to as the Committee) recognizes for purposes of collective bargaining the Auburn Instructional Assistants (hereinafter referred to as the Assistants) as their exclusive representative.

 

  1. Membership in the association of Auburn Instructional Assistants and the payment of dues shall not restrict the application of the conditions of this agreement.
  2. The bargaining unit shall include all Instructional Assistants who are employed in the Auburn School System.

 

 ARTICLE II

NEGOTIATION PROCEDURE

 A.  COMMITTEE PEROGATIVES

 

It is recognized that the Auburn School Committee has and will continue to retain, whether exercised or not, the sole and unquestioned right, responsibility and prerogative to direct the operation of the public schools in the Town of Auburn in all its aspects, including, but not limited to, the following:

 

To maintain public elementary and secondary schools and such other educational activities as in its judgment will best serve the interests of the Town of Auburn; to decide the need for school facilities; to determine the care, maintenance and operation of buildings, land, apparatus and other property used for school purposes; to determine the type of work to be performed, to assign all work to employees or other persons; to determine shift schedules and hours of work; to decide the methods, procedures and means of conducting the work; to select, hire and demote employees, including the right to prescribe and enforce reasonable rules and regulations for the maintenance of discipline and for the performance of work in accordance with the requirements of the School Committee, provided such rules and regulations are made known in a reasonable manner to the employees affected by them; to discharge or otherwise discipline any employee for just cause; to promote, transfer and lay off employees; to prepare and submit budgets to the Town and to allocate monies appropriated by the Town for the maintenance of the schools, and to make such transfers of funds within the appropriated budget as it shall deem desirable. These rights, responsibilities and prerogatives are not subject to delegation in whole or in part, except that the same shall not be exercised in violation of any of the specific terms and provisions of this agreement.

 

B.  JOINT FUNCTION

 

Not later than November 15th of the calendar year preceding the year in which the current in-force Agreement expires, the Committee agrees to enter into negotiations with the Instructional Assistants with regard to a successor agreement. During negotiations, the Committee and the Instructional Assistants will exchange pertinent information and arrange mutually satisfactory procedures. Such negotiations shall be conducted in a good-faith effort to reach agreement concerning wages, hours, and other conditions of employment.

 

  1. Any future agreements reached with the Committee will be reduced to writing, will be signed by the Committee and the Instructional Assistants, and will become an addendum to this Agreement.
  2. This Agreement shall constitute hours, wages and other terms and conditions of employment during the effective term of said agreement and the Committee will carry out the commitments contained herein by giving them the full force and effect.
  3. The duration of this Agreement shall include the school years 2017-2018, 2018-2019 and 2019-2020 During the effective time span of this Agreement, any and all articles may be opened for negotiations only by mutual agreement and subject to the conditions noted for negotiations in this article.
  4. The Committee and the Instructional Assistants agree to enter into negotiations relative to any and all changes pertaining to salary not later than November 15th of the calendar year preceding the calendar year in which the negotiated salary payments are to become effective.
  5.  If any provision of this Agreement or any application of the Agreement to any employee or group of employees shall be found contrary to law, then such provision or application shall not be deemed valid and subsisting, except to the extent permitted by law, but all other provisions or applications will continue in full force and effect.

 

ARTICLE III

WORK DAY AND WORK YEAR 

 

A.  Work Day and Work Year

 

  1. All Instructional Assistants shall work the days of the regular school calendar, starting the day before school opens and working the day after school closes. They shall not be required to work during the summer recess, Christmas vacation, winter vacation or spring vacation.
  2.  The regular work hours for all Instructional Assistants shall be between four (4) and seven (7) hours per day for a total not to exceed thirty-five (35) hours per week. This will include a fifteen minute break each day, and a duty free lunch break commensurate with that of the students.
  3.  With the approval of the Superintendent or his/her designee, the regular work day of an Instructional Assistant may be extended in the best interest of the school system.
  4. An adjustment in the starting time and/or closing time of the work day may be made in the best interests of the school system with the approval of the Superintendent or his/her designee.
  5. Up to six (6) times per school year, Instructional Assistants will be required to attend school-based staff meetings, putting such time on a time sheet and being paid at their regular hourly rate.  Principals will determine the required dates with notification of at least two (2) weeks, except in emergency situations, being provided.  The goal of such meetings is to increase the flow of open communication among all building-based team members.

 

  1. B. An employee shall be considered a probationary employee for the first school year worked.
  2. Wages shall be paid as noted in Appendix A.
  3. Payment of wages shall be made for the 180 school day calendar plus the work day before school opens and the work day after school closes. Wages will be paid on 193 days as per the Appendix A. Salary Schedule (all days in excess of 182 are holidays.)
  4. Overtime rate at time and one half will be paid for all time worked in excess of forty (40) hours in one week for which overtime has not been paid.
  5. Instructional Assistants will be compensated for their full daily aide payment rate plus $5.00 an hour, with a two hour minimum, when covering for a certified teacher, ABA, or school secretary in any given day.  Time worked by the Instructional Assistants to cover occasional parent meetings and other short term absences of the regular classroom teacher during the day will not be eligible for the additional payment rate as noted above, unless the nature of the absence from the classroom was planned and the district was not able to secure the services of a regular substitute teacher (i.e. one class period at the Middle and High School or one hour at the intermediate and primary schools during one school day.) The instructional assistants may only serve as the substitute teacher if the district was not successful in securing the services of a regular substitute teacher. 
  6. Instructional Assistants will be compensated for ten (10) holidays during the school year. These holidays will include: 

Columbus Day                   Veterans’ Day

Thanksgiving Day               Day after Thanksgiving

Christmas Day                   New Year’s Day

Martin Luther King Day       President’s Day

Patriots’ Day                      Memorial Day

 

In addition, Labor Day will be a paid holiday in the event students or teachers start the school year before Labor Day.

 

 

ARTICLE IV

ASSIGNMENT AND TRANSFER

 

The Committee and the Instructional Assistants recognize that some transfer of personnel from one position to another is unavoidable but often necessary in the best interest of the educational program.

 

  1. Except in emergencies, Instructional Assistants will be notified in writing as to any changes in their assignments at least fifteen (15) calendar days in advance of the effective date of transfer.
  2. Voluntary changes in assignment will be contingent upon the best interests of the entire school system. The following criteria will be given careful consideration:
    1. The areas of competence of the candidate in relation to the vacant position.
    2. The quality, experience, and length of service of the applicant.
  3. When a member of the staff of Instructional Assistants is required by the nature of her/his assignment to travel from one school to another during the school day, she/he will receive the normal mileage allowance of all inter-school driving.
  4. Instructional Assistants will be notified by letter by August 1st, as to their tentative assignment for the following calendar year. 

 

ARTICLE V

VACANCIES

  1. Whenever any vacancy occurs in any Instructional Assistant position, or related position, which the Committee intends to fill, the position vacancy will be publicized by means of a notice placed on the bulletin board in every school.
  2. No vacancy will be filled, except on a temporary basis, within fifteen (15) calendar days, but in no event less than six (6) school days from the date the notice is posted in the school or the giving of notification to the Instructional Assistants. A shorter posting period may be allowed in the case of an emergency.
  3. The Committee may leave a position vacant but is required to give notice of any position it does not intend to fill.
  4. On filling vacancies, careful consideration will be given to qualified Instructional Assistants already employed by the Committee.

 

 ARTICLE VI

LEAVES OF ABSENCE

 

  1. The Committee and the Instructional Assistants recognize that there may arise from time to time situations beyond the control of the employee which requires her/his absence during the period when school is in session. The temporary leave of absence with pay provides the remedy for such difficult situations. Any misuse of the temporary leave of absence for pay shall be considered as fraud and the Committee shall take appropriate disciplinary action which shall not be subject to the grievance procedure.
    1. Personal business: Instructional Assistants shall be permitted three (3) personal leave days with pay each school year to be used for personal or legal business, household or family matters, which require the individual to be present during the period when school is in session.  Advance notice of forty-eight (48) hours will be required before approval can be given.  The Superintendent may waive the forty-eight (48) hour notice requirement in extraordinary circumstances that would preclude the possibility of providing such notice.
    2. If a personal day request extends long weekends or vacation weeks, the member must state the reason for the request which must be approved by the Superintendent in advance.  In this circumstance, advance notice of five (5) days will be required before approval can be given.  The Superintendent may waive the five (5) days notice requirement in extraordinary circumstances that would preclude the possibility of providing such notice. 
    3. Instructional Assistants may be granted up to three (3) days leave of absence with pay per year for the care of a family member who is seriously ill.
    4. Bereavement leave not to exceed five (5) days in the event of death in the immediate family. The immediate family shall include spouse, parents, children, brothers, sisters and grandchildren of the Instructional Assistant or her/his spouse.  Bereavement leave not to exceed three (3) days in the event of death of grandparents and bereavement leave not to exceed two (2) days in the event of death of the Instructional Assistant’s  spouse’s brother-in-law or sister-in-law. The Instructional Assistant will be granted bereavement leave not to exceed one (1) day in the event of death of an aunt, uncle, cousin, niece or nephew of the employee or his/her spouse.
    5. An employee will be granted a temporary leave of absence for jury service. The School Committee will pay the employee’s full salary for the first three days of jury service.
    6. A full-time or part-time employee who has completed the probationary period will be granted an eight (8) week maternity leave without pay providing said request is submitted two weeks in advance of the anticipated date of departure and included notice of the employee’s intention to return. At the expiration of the maternity leave, the employee will be restored to her previous position or a similar position, except as otherwise provided by Chapter 149, Section 105D of the Massachusetts General Laws. If an employee has accrued sick leave or vacation credits at the commencement of her maternity leave, she may use the leave credits for which she is eligible under sick leave and vacation.
    7. The Superintendent may grant an unpaid leave of absence upon application by the employee and approval of the School Committee.
  2. Sick day allowance shall accumulate at the rate of twelve (12) days per year. Instructional Assistants will be entitled to accumulate sick days from year to year with a maximum accumulation of one hundred and twenty (120) days.
  3. Employees of a previous year are entitled to sick leave even if they are unable to begin active service in September, if their late entrance is due to personal illness.
  4. An Instructional Assistant who works only part of the year by reason of late entrance shall be granted a sick day allowance of one (1) day per month after ninety (90) calendar days of service. Sick day entitlement shall be available to new employees three (3) months after entry into active service.
  5. The Superintendent of Schools may require that a doctor’s certificate be obtained, after three consecutive days of absence due to sickness, to substantiate the claim that the days of absence were the direct result of illness. Failure to provide such a certificate may result in salary deductions.
  6.  Sick leave will be used in the event of personal illness wherein the individual is unable to perform her/his usual duties as a result in illness.

 

ARTICLE VII

SICK LEAVE BANK

 

Except as noted in this article, the administration of the Sick Leave Bank shall be a function of the Sick Bank Committee.

 

  1. Membership
    1. Membership in the Sick Leave Bank shall be voluntary and available to Instructional Assistants. Each member shall make the initial contribution of two (2) days.
    2. When the number of unused days in the bank reaches a critical level, the Sick Bank Committee may require an additional contribution from participating members who wish to continue their membership. Members shall not be assessed more than four (4) days in any work year.
    3. Days placed in the Bank and unused at the end of the year shall remain in the bank and shall accumulate from year to year.
    4. The enrollment period shall be limited to the first ten (10) days of the work year. The Sick Bank Committee may grant an exception to those persons who begin work after the September enrollment period. Such personnel must request membership within ten (10) days of their employment.
  2. Sick Bank Committee
    1. A three member committee shall administer the Sick Leave Bank:
      1. The Chairman of the Instructional Assistants Association or her/his
      2. designee;               
      3. The Superintendent or his/her designee;
      4. A member of the School Committee or its designee who shall be chairperson. She/he shall have a vote.
    2. All applications for participation and benefits must be made on a form approved by the Sick Bank Committee.
    3. Decisions of the Sick Bank Committee shall not be subject to the grievance procedure.
  3. Entitlement  Sick days are considered days for which the individual would have been compensated if she/he had not exhausted her/his sick leave.
    1. All members have an initial entitlement of twelve (12) days plus the two (2) days donated to the bank. Total number of days: fourteen (14).
    2. Entitlement shall accumulate at the rate of four (4) days per year.
    3. Maximum entitlement shall not exceed ninety (90) days.
    4. At no time shall Sick Leave Bank entitlements and any other benefits noted in this Agreement exceed the existing base salary rate of the Instructional Assistants.
    5. In no case shall the Sick Bank Committee award more than twelve (12) work days to any applicant at any one time.
  4. Benefits  Benefits of the Sick Bank are extended to any actively participating member who has fulfilled the requirements for eligibility and whose sick leave loan application has been approved by a majority of the Sick Bank Committee.
    1. To be eligible for Sick Leave Bank benefits, the applicant must be incapacitated for twelve (12) consecutive work days and have used all of his/her own accrued sick leave.
    2. Application for Sick Bank benefits may be made not more than twelve (12) work days in advance of the anticipated termination date of earned sick leave.
    3. Participating members must make written application to the Sick Bank Committee requesting Sick Bank Benefits, using the prescribed forms. This must be accompanied by a medical statement by the attending physician, stating the exact nature of the incapacitation and the projected time of recovery beyond the member’s own accrued sick leave. The Sick Bank Committee may request a review by a physician of its choosing.
    4. There will be a waiting period of two (2) days between the end of the applicant’s current allowance of sick days and the beginning of withdrawal of Sick Bank Days.
    5. If a member is incapacitated for at least twelve (12) days in any one year and there is an additional incapacitation which appears to be a recurrence or an immediate result of the same illness or accident, then the twelve (12) day eligibility requirement and the two (2) day waiting period could be waived at the discretion of the Sick Bank Committee by the attending physician.
    6. A person who is receiving Sick Bank benefits in June may continue to receive benefits in September for the same illness, a recurrence or associated illness.

 

ARTICLE VIII

EVALUATION

 

The Committee and Auburn Instructional Assistants agree that the evaluation of performance is essential to the continuing improvement of individual members of the Instructional Assistants’ Association.

 

  1. All Instructional Assistants will have the right to review the contents of their personnel file.  Requests should be made in writing and will be scheduled within 48 business hours of said request.  If more than one request for a copy of a personnel file is received in one calendar year, the employee will be charged for the second and consecutive copies using the IRS approved rate.
  2. Each Instructional Assistant will be given a copy of the written evaluative reports prepared by the immediate supervisor and will have the right to submit a written response to any material placed in her/his folder. A copy of such response shall be reviewed by the Superintendent of Schools.
  3. Any formal or written complaint made by any parent, student, principal, or other person will promptly be brought to the attention of the Instructional Assistant involved.
  4. If any employee is unable to fill a temporary job in a satisfactory manner, she/he may be removed within thirty (30) school days. She/He shall then be returned to her/his former position or to a comparable position at her/his former rate of compensation.
  5. All disciplinary action must be for good cause. Disciplinary action may consist of a reprimand, a verbal warning, a written warning, suspension without pay, discharge or such other action as may be appropriate in the special circumstances. An orderly appeals procedure shall follow the administrative chain, an appeal from the school Committee shall be exempted from the grievance procedure.

 

ARTICLE IX

USE OF SCHOOL FACILITIES

 

The Instructional Assistants will have the right to use a school building without cost for Association business. Reasonable notice must be given to the principal of the building in question concerning the time and place of such meetings. Other current Policies and Procedures as established by the Committee for the use of school facilities shall be observed.

 

 

ARTICLE X

ACCIDENT BENEFITS

 

  1. Whenever an Instructional Assistant is absent from school as a result of personal injury caused by an assault arising out of and in the course of her/his employment, she/he shall be paid her/his full salary up to one calendar year less an amount of any Workmen’s Compensation award made for temporary disability due to said injury. The Committee reserves the right to require a physical examination by a physician of the Committee’s choosing.
  2. In the case of absence as a result of personal injury resulting from an accident arising out of or in the course of her/his employment, she/he shall be allowed full pay minus whatever Workmen’s Compensation payments she/he may receive for the first thirty (30) calendar days which shall not be deducted from her/his accumulated sick leave allowance. If an employee is absent for this cause beyond thirty (30) calendar days she/he will continue to receive regular school pay minus Workmen’s Compensation payments to the limit of accumulated sick leave allowance. The Committee reserves the right to require a physical examination by a physician of the Committee’s choosing.
  3. An employee who is on Worker’s Compensation (or Injured on Duty) status for a period of more than three (3) consecutive months will not be entitled to earn vacation or sick leave for the period of time that the employee is on Workers Compensation (or Injured on Duty) status after the three months.

 

 ARTICLE XI

GRIEVANCE PROCEDURE

 

A.  INTRODUCTION

  1. It shall be the firm policy of the Committee to assure every person an opportunity to have the unobstructive use of the grievance procedure without fear of reprisal or without prejudice in any manner to her/his employment status.
  2. The purpose of this procedure is to secure, at the lowest possible 
  3. Administrative level, equitable solutions to the problems which may from time to time arise affecting the salary or working conditions of persons provided for in this Agreement.
  4. Nothing herein contained will be construed as limiting the right of any person having a grievance to discuss the matter informally with any appropriate member of the administration, and having the grievance adjusted without intervention of the Instructional Assistants, provided the adjustment is not inconsistent with the terms of this Agreement.

 

B.  DEFINITIONS 

A grievance is defined as a complaint by the Employee or by the Employer alleging a violation of a specific provision of this contract.

 

C.  WAIVER

Waiver – Failure of a grievant to comply with any of the provisions of this Article shall be deemed to be a waiver of the right to seek resolution of the grievance under the terms of the Agreement. In determining whether there has been any such failure to comply with any of the provisions of this Article, time shall be deemed to be of the essence and any failure of the grievant to comply with any of the time limits prescribed herein shall be deemed to be such failure to comply with the provisions of this Article; provided, however, that the time limits prescribed herein may be extended in any specific instance by mutual written agreement of the parties.

 

D.  Step I

 

The matter will then be reduced to writing by the grievant showing which Article, Section or Sub-Section of this Agreement has been violated, with a brief description of the nature of the grievance, and a copy given to the Instructional Assistant’s Chief Negotiator with a copy to the Building Principal and/or Superintendent.

 

The grievance filed with the Building Principal and/or Superintendent within seven (7) working days of the occurrence of the grievance or when the grievant should have reasonably acquired knowledge of the incident giving rise to the grievance.

             

    Step 2

Upon receipt of the written grievance, the Superintendent or Superintendent’s designee and the Instructional Assistant’s representative, will arrange for a mutually satisfactory time and place to meet and attempt to resolve the dispute within a limit of seven (7) working days from the time of receipt of the copy of said grievance. A written decision will be rendered within five (5) working days of the date of the meeting.

           

     Step 3

 

If the dispute is not resolved at Step 2, the issue in question will be submitted in writing within ten (10) working days from the date of the Step 2 meeting. Upon receipt of the written request, the School Committee will arrange for a mutually satisfactory time and place to meet and hear the grievance within a limit of twenty (20) working days from the time of receipt of the written request for a meeting. A written decision will be rendered within ten (10) working days of the date of the meeting.

 

       Step 4

 

If the dispute is not resolved at the aforesaid meeting, the issue in question shall be submitted to arbitration forthwith by either party as herein provided and no later than ten (10) days from the date of the receipt of the decision.

 

The Employer and the Instructional Assistants of Auburn shall endeavor to select a mutually satisfactory arbitrator. If agreement upon an arbitrator cannot be reached then the party desiring arbitration may request the American Arbitration Association to submit a panel of arbitrators and an arbitrator will then be selected in accordance with the usual rules and practices of the American Arbitration Association. Cost of arbitration shall be borne equally by the parties involved. The arbitrator shall have no authority to add to, subtract from, or otherwise change, delete or modify any provision of this Agreement.

 

E.   The award of the arbitrator shall be final and binding upon all parties, subject to the following conditions:

 

  1. The arbitrator shall make no award for grievances initiated prior to the effective date of this article.
  2.  The arbitrator shall only interpret such items and determine such issues as may be submitted to him/her by the written agreement of parties.
  3. Grievances may be settled without precedent at any stage of the procedure until issuance of a final award by the arbitrator, upon mutual agreement.

 

ARTICLE XII

RETIREMENT BENEFITS

 

After ten (10) years of service, an Instructional Assistant will be entitled to $17.50 per pay day for 75% of unused sick days upon retirement.

 

Employees hired after June 30, 2010 will be entitled to this benefit after fifteen years of service.

 

Written notice of intent to retire shall be submitted six months prior to the effective date of the retirement. Written notice of retirement shall be an official notification of application for retirement from the Worcester County Board of Retirement provided by the employee.

 

ARTICLE XIII

NO-STRIKE CLAUSE

 

The Association agrees that it will not engage in a strike or induce, encourage or condone any strike, work stoppage, slowdown or withholding of services in the Auburn School System. Should there be violation of this Article there shall be no discussion or negotiations regarding the difference or dispute during the existence of such violation or before work has been resumed unless by mutual consent.

 

 

ARTICLE XIV

SAVING CLAUSE

 

If any provision of this Agreement or any application of this Agreement to any employee or group of employees shall be found contrary to law, then such provision or application shall not be deemed valid and subsisting, except to the extent permitted by law, but all other provisions or applications will continue in full force and effect. The parties shall at that time enter into collective bargaining negotiations for the purpose of arriving at a mutually satisfactory replacement for such article or section.

 

 

ARTICLE XV

STABILITY OF AGREEMENT

 

The failure of the School Committee or the Association to insist in any or more incidents, upon performance of any of the terms or conditions of this Agreement, shall not be considered as a waiver by the Committee or the Association of any such term or condition, and the obligation of the Committee and the Association to such future performance shall continue in full force and effect.

 

 ARTICLE XVI

REDUCTION IN STAFF: INSTRUCTIONAL ASSISTANTS

 

Lay-Off Procedures is the process by which one or more Instructional Assistants are laid off. The Auburn School Committee and the School Instructional Assistants of Auburn agree that the primary consideration in Lay-Off shall be a balance between the maintenance of sound supportive services which are consistent with the functions and responsibilities of the School Committee and the retention of Instructional Assistants based on seniority. These procedures do not change or modify conditions already noted in the current ASC/AIA Agreement.

 

INTRODUCTION

If it becomes necessary to reduce the number of Instructional Assistants through Lay-Off, such reduction shall be accomplished in order of least seniority in the Auburn School System and shall apply to all active members. Those members who have the least seniority shall be laid off first.

 

I. SENIORITY

  1.  Seniority shall be determined by a member’s length of uninterrupted service in years, months, and calendar days as members of the Instructional Assistants in the Auburn School System as determined first, by the initial date of service, and if these be equal, second, from the letter of notification of employment.
  2.  Except for military leave, a member on leave of absence shall be considered as an active member for purposes of lay-off.
  3. Only those leaves of absence granted for less than one year and military leaves shall be credited toward seniority.
  4. All other authorized leaves shall not interrupt service but shall not be credited toward seniority.
  5. When it becomes necessary to reduce the number of members by lay-off, such reduction shall be accomplished in the order of least seniority in the Auburn School System.
  6. Should seniority as defined in this section be equal, a determination of which member shall fill a position shall be made on the basis of a review of their annual evaluation. If still tied, the seniority shall be based on who appeared first on the nomination list.
  7. ABAs will be listed in the Instructional Assistants’ seniority list.

 

 II. RECALL

 

Instructional Assistants who are laid off will be considered for reemployment during the school year they are laid off plus the following school year, and they will be recalled in reverse order of lay-off to fill openings as such openings arise.

 

  1. Instructional Assistants shall be given the opportunity to fill any open positions subject to requirements as previously noted.
  2. It shall be the responsibility of the Instructional Assistants who are laid off to notify the School Department of their current address and of their desire to be recalled if openings arise.
  3. A seniority list shall be available to the Association.

 

 

ARTICLE XVII

STAFF DEVELOPMENT

 

  1. In the event of a Staff Development Day, Instructional Assistants will attend training deemed appropriate by the building Principal and/or Director of Pupil Services.  Instructional Assistants play a valuable role on the Auburn Public Schools’ Educational Team.  Every effort will be made to ensure that training will enhance their effectiveness with students, providing choice to the Instructional Assistants, whenever possible.
  2. Instructional Assistants will be paid per diem for participation in Staff Development Days.
  3. Instructional Assistants in possession of a high school diploma or its equivalent have the opportunity to meet the postsecondary requirements of No Child Left Behind (NCLB) by pursuing one of the three options afforded to incumbent Instructional Assistants and two options afforded to prospective Instructional Assistants under NCLB.
  4. The Auburn School District shall create a pool of funds, $4,800* to be used for the purpose of supporting the professional development of instructional assistants. The Superintendent’s office and the instructional assistant’s leadership will determine the most effective manner to disperse these funds.

 

*Note: The Auburn School District is not solely responsible, fiscally or programmatically, for the professional development of Instructional Assistants.

 

 

ARTICLE XVIII

HEALTH INSURANCE

 

As of July 1, 2014, the Instructional Assistants agree that all of its members will pay the contribution rate determined by the Town (currently 24%).

 

Members of the Auburn Instructional Assistants shall be covered by the Town’s health insurance plan in accordance with Chapter 32B of the Massachusetts General Laws.

 

 

 

 

APPENDIX A

SALARY SCHEDULE

 

2% COLA

2017-2018

 

 

 

 

 

 

 

 

Probation

Step 1

Step II

Step III

Step IV

Step V

Step VI

 

 

$13.57/hr

 

$14.96

 

$15.48

 

$16.60

 

$17.45

 

$17.79

 

$18.29

6.0 hours daily/193 days

 

$15,714.06

 

$17,323.68

 

$17,925.84

 

$19,222.80

 

$20,207.10

 

$20,600.82

 

$21,179.82

6.75 hours daily/193 days

 

$17,678.32

 

$19,489.14

 

$20,166.57

 

$21,625.65

 

$22,732.98

 

$23,175.92

 

$23,827.30

 

 

 

 

 

 

 

 

 

 

2% COLA

2018-2019

 

 

 

 

 

 

 

 

 

Probation

Step 1

Step II

Step III

Step IV

Step V

Step VI

Step VII

 

 

$13.84/hr

 

$15.26

 

$15.79

 

$16.93

 

$17.80

 

$18.15

 

$18.66

 

$19.16

6.0 hours daily/193 days

 

$16,026.72

 

$17,671.08

 

$18,284.82

 

$19,604.94

 

$20,612.40

 

$21,017.70

 

$21,608.28

 

$22,187.28

6.75 hours daily/193 days

 

$18,030.06

 

$19,879.97

 

$20,570.42

 

$22,055.56

 

$23,188.95

 

$23,644.91

 

$24,309.32

 

$24,960.69

 

 

 

 

 

 

 

 

 

 

2% COLA

2019-2020

 

 

 

 

 

 

 

 

 

 

Probation

Step 1

Step II

Step III

Step IV

Step V

Step VI

Step VII

Step VIII

 

 

$14.12/hr

 

$15.57

 

$16.11

 

$17.27

 

$18.16

 

$18.52

 

$19.03

 

$19.54

 

$19.79

 

6.0 hours daily/

193 days

 

$16,350.96

 

$18,030.06

 

$18,655.38

 

$19,998.66

 

$21,029.28

 

$21,446.16

 

$22,036.74

 

$22,627.32

 

$22,916.82

 

6.75 hours daily/

193 days

 

$18,394.83

 

$20,283.82

 

$20,987.30

 

$22,498.49

 

$23,657.94

 

$24,126.93

 

$24,791.33

 

$25,455.74

 

$25,781.42

 

 

 

 

 

 

 

 

 

 

 

 

Notes:

  1.             The annual salary will be paid in 21 equal payments.
  2.             Annual salary is based on a six hour day and 193 day work year.
  3.             This equals 1158 hours per year as the normal assignment.
  4.             Staff Development Days will be processed on timesheets.
  5.             Probationary status for new hires will be a one year period.

 

 

APPENDIX B

LONGEVITY SCHEDULE

 

 

5 Years                                                         $125.00 (initial)

 

10 Years                                                       $125.00($250.00 cumulative)

 

15 Years                                                       $125.00($375.00 cumulative)

 

20 Years                                                       $125.00($500.00 cumulative)

 

25 Years                                                       $125.00($625.00 cumulative)

 

30 Years                                                       $125.00($750.00 cumulative)

 

35 Years                                                       $125.00($875.00 cumulative)

 

 

Longevity checks will be processed in the twenty first (21st) paycheck of the school year.               

 

 

 

 

APPENDIX C

SIDE BAR AGREEMENTS

  

  1. The Superintendent of Schools shall meet annually with the Instructional Assistants for the purposes of discussing district goals and initiatives, the role of Instructional Assistant’s in the District’s educational mission, and any other broad-based concern of mutual interest. These meetings will be in the fall, winter, and spring and shall commence with a spring meeting.
  2. All paperwork supporting the professional development of Instructional Assistants, including course transcripts, attendance records for District-sponsored workshops and seminars will be placed in their personnel file.  Instructional Assistants have the right to check and validate the contents of their personnel file as it relates to this issue.
  3. The Instructional Assistants’ Association will take any and all appropriate steps to develop a set of Association By-Laws, elect a slate of officers consistent with those by law, and establish a set of building representatives to assist members and the district in discussions concerning any and all contractual issues. 
 
 
AUBURN PUBLIC SCHOOLS
 
5 West Street, Auburn, MA 01501
 
Phone: 508-832-7755
 
Fax: 508-832-7757

 

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