PREAMBLE

This agreement is entered into this first day of September, 2005, by and between the Merrymeeting Teachers Association (hereinafter called the “Association”), affiliated with the Maine Education Association and the National Education Association, and the Board of Directors of Maine School Administrative District No. 75 (hereinafter called the “Board”).

The Merrymeeting Teachers Association and the M.S.A.D. No. 75 Board of Directors wish to state their mutual intent to work together toward the common goal of educating all of our students well. We have high expectations of each other as we commit to purposeful change associated with this goal. We will enhance student learning, foster distinguished teaching, and enhance the life of each district school. We will take the steps necessary so that the students and children of M.S.A.D. No. 75 become adult citizens who can contribute to the sound functioning of our democracy, communicate complex ideas in a compelling manner, take advantage of technological advances, and solve problems we have yet to face. We will commit to purposeful changes in relationships, structures, and resources that will advance student achievement and enhance the life of each school as a center of learning and productivity.

Student learning deserves this mutual commitment and needs the active involvement of parents and the support of the district’s citizens. We will do our best to establish and maintain a true community of learners and improve the practice of and conditions for teaching and learning.

ARTICLE I

RECOGNITION

The Board hereby recognizes the Association as the sole exclusive bargaining representative as defined under State of Maine Law, Chapter 424, Section 962, for all teachers who are public employees of the Board, including teachers, librarians, guidance counselors, social workers, occupational therapists, physical therapists, psychological examiners, nurses and speech pathologists.

ARTICLE II

DEFINITIONS/ABBREVIATIONS

As used in this Agreement:

A. “Teacher”

For the purpose of this Agreement, “teacher” shall mean all certified professional employees having more than six (6)-months service in M.S.A.D No. 75. A “part-time” teacher is one who receives a prorated share of salary and benefits based on the percentage of full-time employment.

B. “Joint Negotiation Committee”

This shall mean the committee composed of representatives of the Board of Directors and representatives of the Merrymeeting Teachers Association.

C. “PR & R”

This shall mean Professional Rights and Responsibilities Committee of the Association.

D. “MLRB”

This shall mean Maine Labor Relations Board.

E. “Board”, “Board of Directors”

The terms “Board” and “Board of Directors” shall mean the Board of Directors of M.S.A.D. No. 75 in its representative capacity as the elected governing body of M.S.A.D. No. 75 and not in the individual capacities of the members thereof.

F. Teachers on Special Assignment

Teacher on special assignment designation identifies teachers who assume positions that feature distinctive and unusual performance responsibilities. Each teaching position designated as special assignment shall be accompanied by a job description detailing the position’s specific performance responsibilities. Instruction of students must comprise a portion of the job description, even if other components of the position range into areas not normally associated with an instructional teaching assignment.

When a special assignment position is established, the position must be posted so all interested and qualified members of the bargaining unit may apply. An annual review of each special assignment position shall occur. The Association President or his/her designee shall be consulted during and involved in this review. When appropriate, an updated job description shall be written. Should the fundamental nature of a special assignment position change, it shall be re-posted. When a teacher completes work in such a position, he or she shall be able to resume his or her previous regular teaching assignment.

ARTICLE III

NEGOTIATION PROCEDURE

A. The Board and the Association agree to bargain in accordance with Title 26, Chapter 9‑A and Title I, Section 405, D. for a successor agreement.

B. Any news releases shall be jointly released except as provided in Title 20, MRSA, Section 974.

ARTICLE IV

GRIEVANCE PROCEDURES

A. Definitions‑‑‑

1. “PR & R” means Professional Rights and Responsibilities Committee of the Association.

2. “Grievance” shall mean a complaint by a teacher or the Association that there has been a violation or inequitable application of any provisions of this contract, excepting any provisions, which have been determined to be a matter of educational policy by a ruling from either the MLRB or the courts.

3. “An Aggrieved Teacher” is the teacher or teachers making the claim.

4. “Party in Interest” is the teacher or teachers making the claim and any teachers who might be required to take action or against whom action might be taken in order to resolve the claim.

5. “Days” shall mean working school days, excepting that between the end of one school year and the beginning of the next school year, “days” shall mean regular weekdays Monday through Friday, excepting legal holidays.

B. Purpose‑‑‑

1. The purpose of this procedure is to secure, at the lowest level possible, equitable solutions to the problems which from time to time may arise affecting the terms and conditions of employment of teachers.

2. Nothing herein contained shall be construed as limiting the right of any teacher having a grievance to discuss the matter informally with any member of the Administration, and to have the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement.

3. If the teacher is not satisfied with such disposition of the matter, he shall have the right to have the Association PR & R representative within his area assist him in further efforts to resolve the matter informally with the Principal or other appropriate Administrator.

C. Time Limits ‑‑‑

1. Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level shall be a maximum; and every effort should be made to expedite the process. The time limits specified may, however, be extended by mutual agreement in writing between the aggrieved party and the Administrator at that level.

2. In the event a grievance is filed at such time that it cannot be processed through all the steps in this grievance procedure by the end of the school year, and, if left unresolved until the beginning of the following school year could result in irreparable harm to a party in interest, the time limit set forth herein shall be reduced so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as possible. The process may be stopped only by mutual agreement.

3. In all cases, a grievance must be filed within thirty (30) days after the teacher first knew or should have known of the incident precipitating a grievance. Failure to adhere to this time limitation will foreclose an individual from pursuing his/her remedies through the established grievance procedure.

D. Formal Procedure ‑‑‑

1. Level 1 ‑‑‑ School Principal ‑‑‑

a. An aggrieved teacher shall attempt to resolve a dispute through informal channels. He or she may present a formal grievance in writing to the Principal or other appropriate Administrator, after consulting with the Association.

b. The Principal shall, within five (5) days after receipt of the written grievance, render his decision and the reasons therefore in writing to the aggrieved teacher, with copies to the Chairman of the Association's PR & R Committee and the Superintendent.

2. Level 2 ‑‑‑ Superintendent of Schools ‑‑‑

a. If the aggrieved teacher is not satisfied with the disposition of his grievance at Level 1, he must within three (3) days after the decision, or within eight (8) days after his formal presentation, file his written grievance with the Association's PR & R Committee for referral to the Superintendent.

b. The PR & R Committee shall within five (5) days after receipt, refer the grievance to the Superintendent, but prior to doing so, the Committee shall provide an opportunity for the aggrieved teacher to meet with the Committee to review the grievance and to determine appropriate documentation.

c. The Superintendent shall, within ten (10) days after the receipt of the referral, meet with the aggrieved person and with representatives of the PR & R Committee for the purpose of resolving the grievance. A record of such meeting shall be kept by the Superintendent and shall be available to any party in interest upon written request.

d. The Superintendent shall, within three (3) days after the meeting, render his decisions and the reasons therefore, in writing, to the aggrieved teacher, with a copy to the PR & R Committee.

3. Level 3 ‑‑‑ Board of Directors ‑‑‑

a. If the aggrieved teacher is not satisfied with the disposition of his grievance at Level 2, he must, within three (3) days after the decision or within six (6) days after the meeting, file the grievance again with the Association's PR & R Committee for appeal to the Board of Directors.

b. The PR & R Committee shall, within three (3) days after receipt, refer the appeal to the Board of Directors.

c. The Board of Directors shall, within ten (10) days after the receipt of the appeal, meet with the aggrieved teacher and with representatives of the PR & R Committee for the purpose of reviewing the grievance.

4. Level 4 ‑‑‑ Impartial Arbitration ‑‑‑

a. If the aggrieved teacher is not satisfied with the disposition of his grievance at Level 3, he must within three (3) days after the decision, or within six (6) days after the Board meeting, request in writing to the President of the Association that his grievance be submitted to arbitration.

b. The Association shall, within five (5) days after receipt of such request, if the PR & R Committee formally determines that the grievance is meritorious and recommends such action, submit the grievance to arbitration by so notifying the Board in writing.

c. With the exception of Teacher Non-Renewal (see Appendix A), the Chairman of the Board and the President of the Association shall, within five (5) days after such written notice, jointly select a single arbitrator who is an experienced and impartial person of recognized competence. If the parties are unable to agree upon the arbitrator within five (5) days, the party requesting the arbitration shall file a demand for arbitration with the American Arbitration Association; and the Arbitrator shall be selected in accordance with the American Arbitration Association’s procedures.

d. The arbitrator selected shall confer promptly with the representatives of the Board and of the PR & R Committee; shall review the record of the prior hearings; and shall hold such further hearings with the aggrieved teacher and other parties of interest, as he shall deem requisite.

e. The arbitrator shall, if reasonably possible, within ten (10) days after the hearing, render his decision in writing to all parties in interest, setting forth his findings of fact, reasoning and conclusions on the issues submitted. The arbitrator shall be without power or authority to make any decisions, which require the commission of any act, prohibited by Law, or which violates the express terms of this Agreement. The decision of the arbitrator shall be submitted to the Board and the Association and shall be final and binding on the parties.

f. The costs for the services of the arbitrator shall be borne equally by the Board and the Association.

E. Rights of Teachers to Representation ‑‑‑

1. No reprisals of any kind shall be taken by either party or by any member of the Administration against any participant in the grievance procedure by reason of such participation.

2. Any party in interest may be represented at Levels 2 and 3 of the formal grievance procedure by a person of his own choosing, except that he may not be represented by a representative or by an officer of any teacher organization other than the Association. When a teacher is not represented by the Association, the Association shall have the right to be present and to state its views at all stages of the procedure.

3. The Association may, if it so desires, call upon the professional services of the Maine Education Association for consultation and assistance at any stage of the procedure period.

F. Miscellaneous ‑‑‑

1. If, in the judgment of the PR & R Committee, a class grievance affects a group or class of teachers, the PR & R Committee may submit such grievance in writing. The PR & R Committee may process such a grievance through all levels of the grievance procedure even though no aggrieved teacher wishes to do so.

2. All documents, communications and records dealing with the processing of a grievance shall be filed separately from the personnel files of the participants.

3. All meetings and hearings under this procedure shall be conducted in private and shall include only such parties in interest and their designated or selected representatives heretofore referred to in this grievance procedure.

ARTICLE V

TEACHER RIGHTS

A. 1. No teacher shall be disciplined, reprimanded, reduced in compensation or deprived of any professional advantage without just cause. This subsection shall not apply in cases of non‑renewal or dismissal of teachers with two (2) years or less of service in M.S.A.D. No. 75.

2. No continuing contract teacher shall be dismissed or suffer non‑renewal without just cause.

3. Any such action taken by the Board or any agent or representative thereof under this section shall be subject to the grievance procedure herein set forth before such action shall become final. This subsection shall not apply in cases of non-renewal or dismissal of teachers with two years or less of service in M.S.A.D. No. 75.

4. The provisions of the above numbers 1, 2, and 3 parts of this subsection do not apply to coaches or directors of activities listed in Schedule B, or to Department Heads listed in Schedule C, or to Curriculum Area Leaders listed in Schedule F of this Negotiated Agreement. The intent of this stipulation is to exempt coaches, directors of activities, and Department Heads from just cause provisions for their coaching, activity, and chairman positions only.

B. Any teacher required to appear before the Board concerning any matter which could adversely affect the continuation of that teacher in his office, position or employment or the salary or any increments pertaining thereto, shall be given prior written notice of the reasons for such a meeting or interview and shall be entitled to have a representative of the Association present to advise him and represent him during such meeting or interview. Any suspension of a teacher pending charges by the Board shall be with pay.

C. 1. A seniority list shall be established by the Board listing all teachers covered by this Agreement with the individual having the greatest seniority listed first. This list will be provided to the President of the Association by January 15 of the contract year. Seniority shall be based on the teacher's date of hire in this District. When two or more teachers have the same seniority, the total teaching experience of each teacher will determine the order of their seniority, with the teacher having the longest total teaching experience listed first. In the event of a reduction in or elimination of teaching positions, when two or more teachers who are equal in seniority and in total teaching experience cannot be distinguished on the basis of certification, training, and experience, the Board will determine on the basis of evaluations, as described in Article XIII of this contract, the order in which said teachers would be laid off.

If there is a reduction in or elimination of teaching positions, teachers shall be laid off in the inverse order of teaching seniority, unless the Board determines on the basis of professional background, attainments, and evaluations as described in Article XIII of this contract, that a teacher with less length of service is clearly superior to a teacher with a greater length of service.

If a teacher affected by a reduction in or elimination of teaching positions is on a continuing contract, then such teacher shall be entitled to replace (i.e. assume the position of) the most junior teacher in K-12 whom the affected teacher is qualified to replace on the basis of certification, training, and experience. A teacher is only qualified for those positions for which the teacher holds current certification with appropriate endorsement, has relevant and current training in the pedagogy and curriculum taught, and has had relevant professional experience, as demonstrated by the teacher’s Qualification Portfolio.

A teacher who wishes to be considered for another teaching position or positions in the District must prepare and submit to the Superintendent of Schools his or her Qualification Portfolio, comprised of evidence that he or she is qualified, as defined in the preceding paragraph, for said position(s). The contents of the Qualification Portfolio shall pertain to each of the three factors that define a teacher’s qualifications: certification, training, and experience. In connection with these three factors, the following material will be included in sections of the Qualification Portfolio:

Certification - This section presents evidence of relevant and active certification for particular positions. Photocopies of certificates, including endorsement information, will be included.

Training - This section presents evidence of preparation by including a résumé, complete transcript, and other documents in support of the teacher’s claim. This material should indicate the character, depth, and applicability of the teacher’s professional development activity. Evidence of coursework, conference, or workshop participation and involvement are among the items that may be included. Through this documentation, the teacher needs to demonstrate the link between his or her training and its relevance to a position or positions, other than his or her current one, for which he or she claims to be qualified. Evidence of professional preparation should show discernible alignment with the educational philosophy and goals of M.S.A.D. No. 75.

Experience - This section presents specific details of the teacher’s total employment history as related to the teacher’s claim to be qualified for a position or positions other than his or her current one. The teacher will include information on positions previously held, in or out of education, and will elaborate in writing as to how this prior experience pertains to his or her claim.

In order to be eligible for consideration to assume another position for the subsequent school year, a teacher must submit the Qualification Portfolio by April 1.

Positions for which a teacher is qualified shall be determined following a review of that teacher’s Qualification Portfolio. This review will be conducted by appropriate supervisory personnel described in Article XIII. Following the review and after considering the recommendations of the reviewers, the Superintendent of Schools will determine what positions, if any, the teacher is qualified to assume. A teacher may update and resubmit his or her Qualification Portfolio for review and/or reconsideration at any time between September 1 and April 1 each year. The determination by the Superintendent will be made within forty-five (45) calendar days of submission of the Qualification Portfolio.