GCTA Contract

1. Pursuant to the New York State Public Employees' Fair Employment Act, the Gates Chili Board of Education recognizes the Gates Chili Teachers' Association as the exclusive negotiating representative for all employees in the Teachers' Unit, including certified teachers, classified caseworker personnel, Occupational Therapists, Physical Therapists, Social Workers, Registered Nurses, Licensed Practical Nurses and Teaching Assistants.
2. The Gates Chili Teachers' Association shall enjoy the maximum period of unchallenged representation status as prescribed in Section 208 (2) of the Taylor Law.

As used in this Agreement:

1. Board shall mean the Board of Education of the Gates Chili Central School District.
2. Superintendent shall mean the Superintendent of Schools, or their designee, of the Gates Chili Central School District.
3. Association shall mean the Gates Chili Teachers' Association.
4. Teacher shall mean all full-time and part-time certified personnel, except those serving under the titles of Superintendent of Schools, Associate and Assistant Superintendents, Directors, Coordinators, Principals, and Assistant Principals.
5. Caseworker shall mean all full-time and part-time classified personnel employed as Caseworkers, pursuant to Civil Service definition.
6. Occupational and Physical Therapist shall mean all full-time and part-time classified personnel employed as Therapists, pursuant to Civil Service definition.
7. Registered Nurses and Licensed Practical Nurses shall mean all full-time and part-time classified personnel employed as school nurses, pursuant to Civil Service definition.
8. Teaching Assistant shall mean all full-time and part-time certified personnel employed as teaching assistant pursuant to Education Law.

1. The term "Parties" refers to the Gates Chili Central School District Superintendent and the Gates Chili Teachers' Association.
2. Neither party in any negotiations shall have any control over the selection of the negotiating team of the other party.
3. 1. By no later than December 1 of the year prior to the termination of this contract, the Association President and the Superintendent will meet to discuss negotiations for a successor agreement.  An additional Association representative shall have the right to attend this meeting. If both parties agree, negotiations will begin by no later than the second Friday in January with each party submitting a maximum of five proposals. One of the proposals may represent all of the articles for which members are compensated or receive a stipend.  For the purpose of this article, proposals will be defined as specific changes to or a deletion of a current article or the addition of a new article. Proposals will be in such detail and in the form that the proposing party wishes them to be written in the contract.
   2. If either party requests to open negotiations early, and not according to the stipulations in 3a, and the other party agrees, the party requesting to open will present its proposals in detail at the first meeting. The proposals will be in such detail and in the form that the proposing party wishes them to be written in the contract.  At the second meeting, the other party will respond in the same manner. The first meeting and all necessary subsequent meetings shall be called at times mutually agreeable to both parties.
   3. If there is not a mutual agreement to begin negotiations as described in Section 3a and 3b of this article, then meetings for a successor agreement will begin with the exchange of proposals on the fourth Friday in January prior to the termination of this contract.
4. The parties shall submit to each other a letter of certification stating the name of its chief spokesperson and empowering said individual to act as Chief Negotiator to make, consider, alter and tentatively agree to all proposals at the negotiating table.  This letter of certification shall be presented to each party prior to the first formal negotiations meeting.
5. All tentatively agreed upon items must be initialed by each respective spokesperson prior to the conclusion of each meeting.
6. Before the conclusion of each meeting, the time, date, and place for the next meeting shall be established by mutual consent of the spokesperson of both parties.
7. All negotiating procedures shall terminate with the declaration of an impasse by either party.
8. Any release of the tentative agreement reached or the contents of the final Agreement shall be done by mutual consent of both parties.
9. Upon completion of the negotiation process, all Agreements tentatively reached by the negotiating teams shall be submitted in writing to the Superintendent of Schools and the Association members for ratification.
10. Upon ratification, the Agreement shall be signed by the President of the Gates Chili Teachers' Association and the Superintendent of Schools.
11. The designation of personnel, materials, method of reproduction and distribution of copies of this Agreement will be by mutual consent of both parties. The Association agrees to pay one-half the total cost of typing, materials and reproduction of said Agreement for their membership. 
12. The Association does not assert the right to strike against any government, to assist in participation in any such strike, or impose any obligation to conduct, assist, or participate in such a strike.
13. Both parties shall negotiate in good faith.
14. Meetings of negotiating teams shall be closed to the general public, students and news media.

1. In an effort to improve communications and solve problems as they arise, a joint District level labor/management committee shall be established starting in the 2019-20 school year.  This committee shall meet at least quarterly at times and locations that are mutually agreed upon.  Agendas will be established prior to the start of each meeting by committee members. 
2. It is understood that the committee is intended to focus on problem-solving, brainstorming, and reviewing trends in the field of education.  It is further understood that the committee may address issues that arise between contract negotiations, including potential grievances. 
3. The committee shall consist of the Superintendent and up to two (2) additional administrators of their choosing and the Association President and up to two (2) additional unit members of their choosing.  The District requests that there be representation from both secondary and elementary.

1. After October 1 and during negotiations, the Association shall have the right, upon reasonable request of time, and for use in the negotiations process, to see and copy financial and budgetary information of the District which is available to the public.
2. Both parties mutually agree they will exchange any information pertinent to costing out proposals that will aid in understanding the parties' position in negotiations.

1. The Association shall have the right to use school buildings at reasonable times for meetings.  A request for the use of buildings shall be submitted to the principal of the building involved at least two (2) days prior to the meeting.
2. Any costs incurred by the District due to building use by the Association shall be borne by the Association.
3. The Association shall have the right to use the regular school district delivery service and to place notices, circulars and other material on a bulletin board in the faculty room designated by the building principal, and in members’ mail boxes.
4. It is agreed that a telephone line will be provided to the Association.  Subject to space availability and access limited to when the building is open, the telephone line will be in the district building location of the Association President. The cost to install the service and the monthly usage charge will be borne by the Association.
5. The Superintendent shall not discriminate in any way, nor permit any member of the Administrative staff to discriminate against any members by reason of their membership in the Association, or their exercise of rights granted under this Agreement.
6. The Association or any of its members shall not discriminate in any way against any other member, administrative staff, or Board of Education members in the performance of their duties under the terms of this Agreement and/or Board of Education policy and District regulations.

1. The Superintendent agrees to release the President and/or their designee for a cumulative total of twenty (20) half days per year for Association business upon two (2) days’ notice, when possible, to the building principal.  Such released time is contingent upon the availability of a substitute. The cost of paying the substitute shall be borne by the District, provided the Association President documents these days with the Assistant Superintendent for Personnel & Labor Relations.
2. In addition, the Association President will be released from one fifth of their teaching duties to conduct Association business.  If the Association President is a unit member who works in the elementary school, the Association President and Superintendent or designee will meet to discuss an agreed upon release time.
3. The Superintendent agrees that the President of the Gates Chili Teachers’ Association will be given no supervisory assignments.

1. Release time for NYSTRS Delegates to attend the Annual Meeting shall be given without loss of pay.
2. Release time for NYSUT Delegates to attend the Annual Meeting of the Representative Assembly shall be given without loss of pay.
3. Release time for American Federation of Teachers’ Delegates to attend the Annual Convention shall be given without loss of pay.
4. The Association agrees to pay the cost of substitutes for members of the Association attending the American Federation of Teachers’ convention as delegates.

1. The District agrees to deduct membership dues for the Association from the wages of such active members.
   1. Payroll deductions of the Association dues shall take place each pay period during the school year beginning with the second pay period in September.  New employee dues will be deducted no later than thirty (30) days after signing a membership form.
   2. Dues deductions shall continue without interruption unless and until a member withdraws membership in accordance the policies and procedures of the Association and its affiliates.
   3. The District shall supply the Association President and Treasurer with any new unit member’s name, title, school assignment, start date, home address, phone number (if available) and salary within thirty (30) days of hire.
   4. Within thirty (30) days of hiring, the District will allow for release time for the new hire and an Association representative to discuss membership in the Association.
   5. The Association shall provide the District with a list of unit members for whom dues should be deducted and the signed authorization forms for such unit members who have voluntarily authorized the District to deduct dues.
   6. The District, upon request on a monthly basis, shall furnish the Association with a list containing member names and the amount deducted from each respective pay check.
   7. The Association will protect, defend, indemnify, and save harmless the District from any and all claims, damages, disputes, and liability as a result of administering this section.
2. Payroll deduction shall be permitted for voluntary United Way and VOTE/COPE contributions.
3. Payroll deduction shall be permitted for voluntary participation in the NYSUT Member Benefits Trust.
4. Payroll deduction shall be permitted for voluntary Gates Chili Education Foundation contributions.

The primary purpose of this procedure is to secure equitable solutions in a rapid and orderly manner to the problems which might arise between members and an immediate supervisor at the lowest possible level.

BASIC PRINCIPLES

1. A member shall have the right to present grievances in accordance with these procedures, free from coercion, interference, restraint, discrimination or reprisal.
2. A member shall have the right to be represented at any of the procedures by a person or persons of their own choice.  A member of the Association shall have the right to be present at any of the procedures.  This member shall be designated by the President of the Association.
3. Each party to a grievance shall have access at reasonable times to all written statements and records pertaining to each case.
4. All hearings shall be confidential, unless an open hearing is desired by mutual agreement.
5. If the aggrieved member does not act within the specified time limit at each level, they shall forfeit the right to continue the grievance.  The grievance shall be considered resolved at the last level of action.
6. Each administrator shall have the responsibility to consider each grievance presented to them and render a disposition within the time specified in these procedures.  If the disposition is not forthcoming within the specified time limit, the aggrieved member may continue to the succeeding level.
7. All forms for the filing of grievances will be prepared jointly by the Association and the Superintendent, and will be given appropriate distribution.
8. The preparation and processing of grievances shall not be conducted during the hours of employment.  All parties will avoid interruption of classroom activity and involvement of students in any phase of the grievance procedure.
9. The existence of the procedure as hereby established shall not be deemed to require any member to pursue the remedies herein provided.
10. No written grievance will be entertained as described herein, and such grievance shall be deemed waived, unless the written grievance is forwarded at the first available stage within twenty-five (25) working days after the member has been requested to fulfill the act or condition upon which the alleged grievance is based. For class size grievances, the written grievance is forwarded at the first available stage within sixty (60) working days after the member has been requested to fulfill the act or condition upon which the alleged grievance is based.
11. Nothing contained herein will be construed as limiting the right of any member having a grievance to discuss the matter informally with any appropriate member of the administration and having the grievance informally adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement.
12. If a grievance affects a group of members and appears to be associated with system-wide policies, it may be submitted by the Association directly at Stage 2 as defined within "Procedure."
13. In the event a grievance is filed on or after June 1, upon request by or on behalf of the aggrieved party, the time limits set forth herein will be reduced pro rata so that the grievance procedure may be exhausted prior to the end of the school term or as soon thereafter as is possible.

DEFINITIONS

1. Grievance.  There are two (2) types of grievance under this procedure.  A Type 1 grievance is a complaint by an employee or group of employees of an alleged violation or misapplication of the terms and conditions of employment covered by this Agreement.  A Type 2 grievance is any other complaint by an employee or group of employees about any term or condition of employment not covered by this Agreement.
2. Administrator shall mean building principal and/or their designee and the Superintendent or their designee.
3. A Party in Interest shall be any party named in a grievance who is not the aggrieved party.
4. Immediate Supervisor shall include the Director, Assistant Principal, or Principal as is applicable regarding the nature of the grievance.
5. Working Days shall mean those days when school is in session.
6. The Association Grievance Committee will consist of three (3) members, one from the high school, one from the middle school and one from elementary. The Association President will notify the Superintendent and the Human Resources office by September 1 of each year regarding who is serving on the Grievance Committee.

PROCEDURE

Stage 1

1. The member and/or their representative must discuss the alleged grievance with the building principal or their designee prior to submitting the alleged grievance in writing on the Grievance Form to the building principal.

1. The member’s written grievance shall include the name and position of the aggrieved party, the time when, and the place where the alleged events or conditions constituting the grievance existed, the identity of the party responsible for causing the said events or conditions, if known to the aggrieved party, the identity of the Article alleged to be violated, and a general statement of the nature of the grievance and the redress sought by the aggrieved party.  The building principal or their designee will return a written disposition on the Grievance Form within five (5) working days of the receipt of the written grievance.  The aggrieved member within five (5) working days after receipt of the disposition of their grievance will proceed to Stage 2 unless the member has decided to withdraw the grievance.

Stage 2

2. If the member is not satisfied with the disposition of the building principal, they will submit the grievance to the Association Grievance Committee. The Grievance Committee will determine whether or not to move forward with the grievance.  The chair of the Grievance Committee will, within five (5) working days of receiving the written disposition, present the grievance to the Superintendent of Schools, or designee.  The Superintendent, or designee, shall be provided with complete written records up to this point that the Grievance committee has access to. The Superintendent, or designee, will render a disposition on the Grievance Form within twelve (12) working days of receipt of all pertinent information. 

Stage 3

3. Impartial Third Party

1. If the Association Grievance Committee is not satisfied with the disposition of the Superintendent or designee, they may submit the grievance to the consideration of an impartial third party by written notice to the Superintendent or designee within ten (10) working days of receiving the Superintendent’s written disposition of the grievance.
2. Within five (5) working days after such written notice of submission of the grievance to the consideration of a third party, the Superintendent and the Association shall request a list of seven (7) impartial third parties from the American Arbitration Association. The parties will then mutually select the impartial third party by alternate striking throughout the list.
3. The selected third party will hear the matter and will issue their disposition. The third party's decision will be in writing and set forth their findings of fact, reasoning, conclusions and disposition of the issues.
4. The third party shall have no power or authority to make any decision which requires the commission of an act prohibited by law or which is violative of the terms of this Agreement.
5. The third party shall have no power to add to, to subtract from, or to modify any of the provisions of this Agreement.
6. The decision and award of the third party shall be binding upon the parties for all grievances.
7. Any possible costs for the services of the third party, including expenses, if any, will be borne one-half (1/2) by the Board and one-half (1/2) by the Association.

4. The time sequence at any stage may be waived by mutual agreement in writing.

1. In the event that a member is absent from school as a result of an assault by students, non-students or parents then the member shall be paid their full salary less any Workers' Compensation benefits to which they may be entitled for a period not to exceed one (1) year from the date of injury. Any sick days taken by a member for purposes covered by this paragraph will be fully restored upon the member’s return to work.  The provisions of this paragraph apply only if the member was acting in the discharge of their assigned duties as a member and has not been personally negligent.
2. In the event a member suffers a work-related illness or injury other than an assault covered by Workers' Compensation, the District will restore sick leave according to the following formula: total days restored will be determined by dividing the total award by 1/200 of the member’s salary for the year in which the leave for the illness began; any fraction of a day resulting from the division will be restored as one (1) complete day.
3. In cases of work-related injuries not covered by Workers' Compensation, the District will make a reasonable adjustment toward replacement or repair of dental work, eyeglasses and hearing aids damaged or destroyed as a result of an assault or accident sustained while the member was acting in the discharge of their assigned duties.

1. Disabilities caused by or attributed to pregnancy, miscarriage, abortion, childbirth and recovery from childbirth are, for all job-related purposes, temporary disabilities and should be treated as such under any health or temporary disability insurance or sick leave plan available in connection with employment.
2. Members disabled due to pregnancy will be expected to return to their member duties as soon as their physician/school physician considers them to be no longer disabled.
3. Commencing July 1, 2026, after the birth of a child, the unit member may receive up to ten (10) paid days following a vaginal birth and up to fifteen (15) paid days following a c-section, not to be deducted from the unit member’s accumulated sick leave, provided the unit member provides the district with medical documentation as needed in order to award said days. Said days will be accounted for by the district separately from the from the Sick Leave Reserve Fund (SLRF). The number of days provided shall coincide with the type of birth as indicated by the unit member’s medical provider. Said days must be used consecutively and concurrently with the period of disability following the birth of the child (i.e. maximum 10 district paid days during a six-week leave following a vaginal birth or maximum 15 district paid days during an eight-week leave following a c-section). 
   
   Example A:  A unit member has a baby on June 17 via c-section. The unit member uses five (5) days from the district to cover their days through the end of the school year. The unit member’s period of disability, as per their doctor, ends on August 10. The unit member may not use additional paid time at the start of the school year to extend their paid leave, as their period of disability has ended.  
   
   Example B:  A unit member has a vaginal birth on April 10. The unit member uses ten (10) days from the district. The unit member’s six-week period of disability ends on May 22. The unit member uses an additional twenty (20) sick days of their own time to cover their remaining disability leave.

4. Extensions of disability leaves beyond six weeks (vaginal) or eight weeks (c-section), will require the unit member to use their own sick time and will require additional medical documentation to justify the continued medical leave from work. 

5. A unit member is not obligated to utilize the aforementioned benefit. 

6. A unit member may not transfer this benefit to another unit member. 

7. A unit member must return to regular employment and remain employed for two (2) full school years after the semester in which the maternity leave is completed. This period restarts with each subsequent maternity leave. A unit member taking such leave must sign a promissory note evidencing their understanding of, and agreement to, the repayment provisions as set forth above. The Superintendent of Schools or designee may waive this upon request. Such determination is not subject to the grievance and arbitration provisions of this Agreement. 
8. A unit member who utilizes the aforementioned benefit and leaves the District prior to the expiration of the required employment period will be required to pay back the value of the benefit, which will be calculated by determining the total number of days provided multiplied by the unit member’s daily rate at the time the leave was taken. To pay back said time, the unit member may do so by: 
   1. Using their own accumulated sick leave; or 
   2. If the unit member does not have accumulated sick leave to cover the balance owed, the unit member’s payroll will be reduced; or 
   3. The unit member may pay back said days by check payable to the district. 
9. Current unit members who have given birth during their employment with Gates Chili CSD (prior to July 1, 2026) will be awarded five (5) sick days per occurrence to be credited at the time of the annual rollover in July of 2027. Determinations regarding who is eligible and in what amount shall be made and finalized based on a combination of surveying the membership and verification through district records during the 2026-27 school year.
10. Unit members whose spouse/partner has a child may use up to five (5) of their sick days immediately following the birth of the child.

Adoption Leave

The Superintendent of Schools agrees to grant leaves of absence for the purpose of adopting a child of less than school age under the following conditions:

1. Commencing July 1, 2026, after the adoption of a child, the unit member may receive up to ten (10) paid days, not to be deducted from the unit member’s accumulated sick leave, provided the unit member provides the district with proof of adoption. Said days will be accounted for by the district separately from the from the Sick Leave Reserve Fund (SLRF). Said days must be used consecutively and concurrently, immediately following the adoption of the child. This shall be applicable to one unit member if both spouses/partners work for the district. The other unit member may use up to five (5) of their sick days immediately following the adoption of the child.
2. Members requesting such leave shall submit written notice to the Assistant Superintendent for Personnel and Labor Relations as soon as practical. 

Child Rearing Leave

1. Members desiring a child rearing leave of absence may make application for such leave to the Superintendent of Schools.
2. Child rearing leaves will be granted under the following conditions:
   1. Such child rearing leave will be granted without pay or paid benefits.
   2. Requests for all child rearing leaves must be made in writing at least 40 days prior to the beginning of such leave unless medical conditions preclude such notice.  Such child rearing leave may be granted at the member’s option for the balance of the semester in which the birth occurs and/or additionally for one to four full semesters.
   3. Requests for  child rearing leave during the school year in which the child is born must indicate the total amount of time, for that school year, that the member will be on leave.  Thus, if the member is to be on leave for the remainder of school year in which the child is born, the written request must reflect that fact.  Requests for additional leave time during the school year of the birth of the child made after the initial request will only be approved due to extraordinary circumstances.  If a catastrophic event occurs, as defined by the Superintendent, during the approved child rearing leave, a member may return earlier than the approved leave.  
   4. Requests for a child rearing leave for the year(s) following the birth of the child must be made by July 1 and must clearly indicate the date of return. Requests for additional leave time will only be approved due to extraordinary circumstances.  If a catastrophic event occurs, as defined by the Superintendent, during the approved child rearing leave, a member may return earlier than the approved leave. 
   5. All teachers returning from approved child rearing leave shall upon request, be restored to the same or equivalent position within their tenure area, which they held at the time the leave was granted, if at all possible.  Caseworkers/Occupational and Physical Therapists will be restored to positions pursuant to Civil Service law.
   6. A member on child rearing leave may continue in the District's group health insurance plan upon their payment of premiums.
   7. Upon return to work, unit members who are granted an unpaid child rearing leave will have their salaries adjusted by the applicable salary increase reflected in the Agreement.

1. It is the purpose of this section to authorize the payment of full salary for a period of up to five (5) days to any member who is absent as a result of death in the immediate family.
   For the purpose of this section, the term “immediate family” shall include: parent, spouse, child, sibling, parent-in-law, step parent, step-children, grandparent and grandparent-in-law. 
2. It is the purpose of this section to authorize the payment of full salary for a period not to exceed three (3) days to any member who is absent as a result of death in the family.
   For the purpose of this section, the term "family" shall include:  child in-law, sibling-in-law, grandchildren, pibling (parent’s sibling, formerly known as aunt or uncle), nibling (child of one’s sibling, formerly known as niece or nephew), and step-grandchildren.
3. In the case of a death of other person(s) not covered by number 1 or 2 (above), who played a significant role in the life of a member, the Superintendent or their designee may, at their discretion, grant up to three (3) days of bereavement leave. In order to request said time, the unit member must email the Assistant Superintendent for Personnel and Labor Relations explaining the relationship they had with the deceased and specifying the number of bereavement days they are requesting. 
4. Notification shall be given to the building principal so that necessary arrangements for substitute teachers can be made.
5. Bereavement leaves of absence under this article are not deductible from the leave of absence allotments allowed for illness. The limit of three (3) or five (5) days is for each occurrence. 
6. Under extraordinary conditions, the Superintendent may, at their discretion, grant additional time.

1. The Superintendent of Schools recognizes that certain circumstances other than personal illness or injury are beyond an individual's control and may require absence from regular duties.  It is understood by both parties that these days are for the purpose of transacting or attending to personal, legal, business or family matters which require absence during the school hours.  The parties also recognize that the purpose of this leave is not for personal convenience or pleasure, including extending holidays and/or school break periods or going on vacations. Therefore, all members as defined in Article 2, Section 4 for compelling reasons - may be allowed up to a total of three (3) days’ absence, with pay, during the school year if approved. Unit members may not take EOL days on conference days, before or after Holidays, or school recess periods, but may request special consideration for once in a lifetime/special events.
2. Requests for extraordinary leave must be submitted in writing to the Assistant Superintendent for Personnel and Labor Relations.  The reason may be stated as "personal/family", “personal/business” or personal/legal”. Such reasons will be deemed sufficient unless there is suspected misuse by the unit member.  In the event that the request is denied, the Assistant Superintendent for Personnel and Labor Relations will furnish the individual with a written explanation.
3. At least three (3) days’ notice, except in an emergency, will be required.
4. In an emergency situation, the member must contact the building principal first so that a substitute may be called if needed.  Upon return to work the member will submit to the Assistant Superintendent for Personnel and Labor Relations a request for the said day(s) under the provisions of this article. 
5. The total time allowed for all extraordinary leave absences during any given school year shall be limited to three (3) days.  An individual may be granted additional time at the sole discretion of the Superintendent upon request.
6. The three (3) days’ allowance of this policy is not accumulative, but up to three (3) unused EOL days will be credited to cumulative sick leave each year if the maximum is not used by the member.
7. Leaves of absence under the provision of this article are not deducted from allowances for absences due to personal illness or injury.
8. Any intentional misuse of the extraordinary leave of absence policy will result in a loss of pay and may result in discipline, up to and including termination.  The District reserves the right to investigate instances of suspected misuse. Unit members must fully participate in such an investigation and provide any information/records deemed necessary by the Assistant Superintendent for Personnel and Labor Relations to resolve said matter.

1. Personal leave of absence for family obligations and personal reasons may be granted without pay or paid benefits to staff members at the discretion of the Board of Education upon the recommendation of the Superintendent of Schools.
2. A written request stating reasons and expected beginning date of such leave must be submitted to the Superintendent for their consideration, at least forty (40) days prior to the requested dates of the beginning of such leave unless personal or emergency circumstances preclude such notice.  If the Superintendent recommends such leave for approval, they shall determine the length of such leave and normally such leaves will not be granted for more than one (1) year in duration.
3. It is understood that the action of a member on such leave accepting a full-time position as a probationary member in any other school district/agency will constitute abandonment of their position in the Gates Chili Central School District.
4. If a member finds that a change of circumstances enables them to return to work sooner than anticipated, they may so notify the District. The District will grant said teacher per diem substitute work if it should become available or will offer a long-term substitute position if it should become available in the teacher's area of certification.   Caseworkers/ Occupational and Physical Therapists will be offered per diem or long term substitute work if it should become available in a Caseworker/Occupational and Physical Therapists positions.
5. Full-time tenured teachers may request part-time assignments.  If the request for part-time status is determined to be in the best interest of the instructional program and it is approved by the Superintendent, said teacher will be granted a one year leave of absence from their full-time teaching position.  Part-time assignments will be granted for one year in duration and may be extended along with the accompanying leave of absence in one year blocks of time only at the sole discretion of the Superintendent.  It is agreed that during the period of part-time assignment the teacher does not earn seniority and that their seniority earned prior to the part-time assignment will remain frozen.

1. Employees will be provided leave at full salary for jury duty during the work year.  Expenses incurred will not be the responsibility of the District.
2. Unit members must submit proof of service to Human Resources in order to be reimbursed for their Jury Duty time. 

1. Whenever a member receives a subpoena for purposes other than designated under Article 17, Jury Duty, to testify in any school-related court case or hearing, they shall be granted such day(s) of leave without loss of pay, and they shall not lose any provisions as stated in articles dealing with Extraordinary Leave or Sick Leave.
2. When a member receives said subpoena they should immediately notify the building principal so that arrangements may be made to cover their assignment.

1. Unit members will be allowed twelve (12) sick leave days per year with no maximum accumulation. These days may be used for either personal or family illness. For the purpose of this article, immediate family shall be defined as spouse, parent, child, and legal dependent.  Other relatives or a "significant other" living in the home shall also be included as individuals covered by this section.
2. Unit members may take sick leave in full or half day (am or pm) increments.
3. Unit member must follow call in/notification procedures for informing their building administration of their absence. Said notification must occur by 6:00 am in most cases, but it is understood that in extenuating circumstances this may not occur. In all cases, unit members must make said notification prior to the start of the work-day.
4. In addition to the above, unit members requiring a substitute will also make their request for a substitute in the substitute management system.
5. The district will make available to each member on the opening day of school an accounting of the number of unused sick days accrued including the present year. Said accounting will be made available through the district’s designated absence management system. 
6. The Superintendent of Schools agrees to continue the Sick Leave Reserve Fund (SLRF) of four hundred fifty (450) sick leave days for members.  If the balance of the SLRF falls below fifty (50) days in any school year, unit members will be asked to voluntarily donate days to cover the needs for the remainder of the school year. If not enough days are donated, each member will be deducted one day to cover the needs.
7. A unit member who has used up their sick leave by extended absence due to long-term illness or injury may apply to the Superintendent or designee for additional sick leave days from this fund. Upon approval of the Superintendent or designee, such additional leave may be granted to a maximum of sixty-five (65) school days per school year and one hundred ninety-five (195) school days per lifetime. Days from the SLRF may be used for family illness, long-term illness, or injury of an immediate family member solely at the discretion of the Superintendent or designee. In extenuating circumstances, a unit member may request extension beyond the lifetime maximum by contacting the Superintendent or designee. Determinations of the Superintendent or designee shall not be subject to the grievance provisions of this contract.
8. Upon retirement with fifteen (15) or more years of service to Gates Chili CSD, unused accumulated personal sick leave will be compensated for at the per diem rate of forty ($40) dollars. Said compensation shall be paid out to the unit member’s 403(b) with any other contractual retirement incentives. 

1. The work year for all unit members shall consist of 187 days.  For the opening of school, all unit members shall return for two (2) full days without students on the Tuesday and Wednesday prior to Labor Day.  The District shall have sole discretion to determine the activities for one of these days.  The second day will be utilized by unit members to conduct professional activities at their own discretion in their building.
2. Unit members will not be required to report to work on the Wednesday prior to Thanksgiving.
3. If no emergency closing days are called during a given school year prior to the Memorial Day Recess, then school will be closed on the day prior to Memorial Day Recess.
4. If make-up days are needed to meet the requirements of 180 aided days, they shall occur during the Spring Recess as determined by the Superintendent and the Association President.
5. If additional make-up days are needed, the Superintendent and the Association President shall mutually agree upon such days.
6. Contingent upon the requirement of 180 aided days being met, there will be no school for elementary and middle school students on the last two days of the Board approved student calendar.
7. When a member is required to work beyond the scheduled work year, they will be paid 1/200 of their annual salary for each day worked.  This does not apply where there are other agreed upon rates set forth in this agreement.
8. The Superintendent and the Association President will mutually agree to the scheduling of the 186 work day calendar. If the State Education Department or the State Legislature adopts a recommended increase in the length of the school year, the effect of that action shall then be negotiated between the Superintendent and the Association.
9. After summer programming and facilities work has ended, and prior to the first teacher workday, Elementary K-5 Grade-Level Classroom Teachers, Special Education Teachers and Special Area Teachers (Art, Music, PE, Library), shall have up to one six (6) hour day for purposes of classroom set-up and preparation for the beginning of the year at the rate set in Article 33 of the Agreement. The building administration will email staff to let them know when they are able to come in for set-up purposes. 
10. Unit members must make every effort to attend Open House/Meet the Teacher night (elementary unit members must attend one night). Unit members with extenuating circumstances must notify their administrator in advance whenever practicable.
11. Unit members in positions with content specific events must make every effort to attend these events (including chorus concerts, band concerts, and art shows). 

1. All members shall work a 7 hour and 40 minute day including a duty-free lunch of thirty-five (35) minutes.

2. a.     It is agreed that if the assignments of High School teachers are to be spread over eight (8) or nine (9) consecutive periods, exclusive of homeroom, bus supervision, etc., the teacher workday for High School teachers with a regular eight (8) period day shall consist of five (5) instructional periods, plus one (1) supervisory period, unless mutual agreement between the teacher and the principal results in a sixth instructional period.

   On a modified eight (8) period day, which includes eight regular periods for instruction and a block of time for advisement, the teacher workday shall consist of five (5) instructional periods, plus one (1) supervisory period and a block of time designated for advisement. No teacher will have more than five supervisory periods, including advisement, in a five day cycle, except under unique circumstances when requested by the administration. The advisement block may include such activities as assisting students, remediation of students, student assemblies, pep assemblies, group guidance, and/or activities related to occasional building needs.

   On a regular nine (9) period day, the teacher workday for High School teachers shall consist of five (5) instructional periods plus one (1) supervisory period and one (1) period designated for professional obligations.  The period designated for professional obligations may include assisting students, parent conferencing, activities related to departmental needs and/or occasional building needs.  Mutual agreement between the teacher and the principal can result in a sixth instructional period in the context of a nine (9) period day.

   b.     Prior to any possible implementation of a nine (9) period day at the High School, input would be requested from the Association before a final determination is made by the Superintendent.

   c.      It is understood that when a teacher accepts the sixth (6) instructional period in the context of an eight (8) or nine (9) period day, this would not result in another teacher(s) being assigned an additional supervisory period within the eight (8) or nine (9) consecutive periods assigned by the principal.

   d.     It is also agreed that in the context of an eight (8) or nine (9) period day teachers shall be available either before, during or after their regularly scheduled day to assist students who request extra help in their courses of study.

3. 6-12 Rotating Eight (8) Day Cycle:
   a.    Unit members will be assigned a maximum of thirty (30) instructional periods over a rotating eight (8) day cycle.
   b.    Unit members shall have a minimum of one individual planning period per day.
   c.    Unit members will be assigned to a maximum of three hundred and sixty (360) minutes of supervision per eight (8) day cycle.
   d.    Modified schedule days will be treated as exceptions to the above-detailed requirements.
   Examples of that shall include, but not be limited to conference days, emergencies, weather issues, testing days and half days. 
   The District shall put forward its best effort to limit discretionary events, like assemblies or advisement (ex. Upstander Days), that require a modified schedule, so as to avoid undo disruption to classroom instruction.
   e.         In addition, for the Middle School, it is agreed that the final schedule which is implemented will include more individual planning time and no additional time for supervision than assigned to Middle School teachers.

4. In an effort to provide for improved integration of regular and special education, allowing for a full continuum of services and to facilitate flexibility, staff training, planning time, and opportunities for collaboration, it is agreed that:

   a.       For K-6 teachers of blended classes, a common daily planning time of a minimum of 25 minutes shall be available unless another arrangement is agreed to by the teacher(s).  This planning time shall be within the student day and is inclusive of individual planning time as stated in Section 7 of this article.
   b.       Time outside the student day but within the teacher work day may be used for collaboration efforts.
   c.       Training will be provided for teachers at all levels which provide opportunities in various collaboration techniques. This training may include staff development courses, released time for participation in conference and workshop opportunities, and faculty meeting presentations.
5. Starting and leaving times for members shall be determined by the building principals within the defined work day. 
6.         a.      The schedule of normal faculty meetings as determined and announced by the principal shall not exceed one and one-half (1 1/2) hours. Such meetings will not be held during planning time unless agreed upon by the faculty. 
           b.      Notice of general faculty meetings shall take place at least two (2) days prior to the scheduled meeting. Emergency meetings will not require advanced notice. 
           c.      An agenda will be given to the staff at least one (1) day prior to the scheduled meeting.   The principal may add additional items to the agenda. 
7.         a.      An elementary kindergarten through fifth grade teacher shall be guaranteed a minimum daily fifty (50) minute block of individual planning time within the student day.  UPK teachers may have their fifty (50) minute block planning time scheduled outside of the student day, but within the contractual day. It is understood by all parties that there may infrequently be extenuating circumstances that interrupt such time (examples of this may include voluntary professional learning opportunities, attendance at conferences, field trips, emergencies or drills), but all parties will put forth their best efforts to ensure that this time is provided. Any exception to the scheduled planning time described in this article must be approved by the Superintendent and the Association President, excluding examples outlined above. 
        b.      In addition to the above, one day per week for up to fifty (50) minutes prior to outside the regular student day, shall be designated by the building principal for purposes of teacher-directed collaborative planning and preparation. It is further understood that the building principal will make their best effort to not schedule more than eleven (11) meetings per month for each unit member outside the regular student day. It is understood by all parties that there may infrequently be extenuating circumstances that interrupt such time, but all parties will both put forth their best efforts to ensure that this time is provided.
       c.     This section is not applicable to Teaching Assistants.
8. Members will be provided the opportunity to discuss their tentative schedules with the building principal prior to implementation. Changes may result in the individual's schedule if the building principal believes the changes to be in the best interest of the school program. 
9. The District and the Association must collectively bargain any Master Schedule language that is not specifically contained in the current contract.

1. A member may leave the building during their lunch period if they notify the building principal or their designee.
2. A member may leave the building during planning periods when prior approval has been obtained from the building principal or their designee.

1. Before the Board of Education adopts a change in policy which directly affects the intent of any of the articles of this Agreement, the Superintendent will notify the Association in writing that it is considering such a change. The Association and the Superintendent will meet to resolve such items, provided that the Association files a request for such a meeting within ten (10) days after receipt of said notice.

1. Each member will have the right, upon request and at reasonable times, with the Assistant Superintendent for Personnel & Labor Relations (or their designee) present, to personally review the contents of their complete personal file kept in the Human Resources Office.
2. A member may have a member of the Association accompany them during such review.
3. Any item which could reasonably be construed as negative that is placed in a member’s folder must be signed by the member or the member must be cc-ed on the item.  A duplicate copy of said item must be given to the member. If a member disagrees with said item, the member shall have the right to file a written statement on their behalf, with copies given to all concerned parties, and this statement shall become an attachment to said item.

1. Members’ shall be provided with two (2) weeks’ notice, whenever possible, for the preparation of budget requests.
2. When a member’s request for instructional materials, supplies or equipment has been rejected by the building principal, the member may make an appointment with the Assistant Superintendent for Instruction for the purpose of reviewing said rejection.

1. A change in a member’s position from one school to another may be requested by the member affected by filing a written statement of such desire with the Assistant Superintendent for Personnel and Labor Relations. Such request must include the school, grade and/or subject to which the teacher desires to be assigned. Preferences may be listed.  If a transfer is made, the approval of the losing Principal, the gaining Principal and the Superintendent of Schools is required.
2. An involuntary transfer shall be made only after a confidential meeting between the member involved and the Superintendent of Schools or their designee. Should such a transfer be implemented, and the member at a later date returns to their original area of probation, they at that time will be credited with the years of probation already completed in that area.\
3. The principal criterion for consideration of a request for transfer is whether or not the request will result in the best educational program for the District.  Previous assignments and seniority of the staff member will be taken into consideration.  If the member does not qualify for the existing vacancy, a request for transfer will not be granted.  Seniority is defined as the length of service with the Gates Chili Central School District and its components prior to centralization.
4. It is recognized that summer school results affecting pupil placement, new students and member’s availability may result in unavoidable changes in the member’s assignments.
5. Nothing in this Article shall be construed as limiting the right and responsibility of the District in making the member’s assignments as consistent with the educational goals and changing conditions within the District.
6. A member transferred full-time from their current classroom to another in any given school year shall be granted on a voluntary basis for up to two days of work for the purpose of relocating.
   a.     In order to be eligible for additional relocation time, the staff member must be informed by their principal that the relocation time cannot be accommodated during the normal work day.  
   b.     In order to be eligible for this additional time, the unit member must relocate outside of the normal contractual day at a date and time mutually agreed upon by the unit member and their principal.  
   c.     A member relocated full-time from their current office to another in any given school year shall be granted up to one day for the purpose of relocating. 
   d.     Payment shall be made at a per diem rate of eighty ($80) dollars for a full seven (7) hour day and forty ($40) dollars for a half day which shall be three and a half (3.5) hours. Unit members are responsible for completing appropriate timesheets within 30 days of relocation in order to be compensated for this time. 
7. Commencing in the 2019-20 school year, the District will internally post teaching vacancies with an effective start date for the beginning of the following year. Members wishing to be considered for teaching vacancies may submit an internal application through the District’s online application system.  Members will only be considered if the vacancy is effective at the start of the school year.  The District will not consider internal applicants for mid-year vacancies. Members selected for interviews will participate in the same interview process as external applicants and the best candidate for the position will be recommended for hire.

1. Members will be notified of their tentative assignments for the coming school year, including the schools to which they will be assigned, the grades and/or subjects they will teach, and any special or unusual classes they will have, not later than June 15.
2. The Administration reserves the right to make changes in assignments after June 15.   If changes are made in a member’s assignment after June 15, the member shall be informed of said change.
3. Members shall receive twenty (20) minutes of travel time, whenever possible, between elementary buildings and between elementary buildings and the High School or Middle School. Members shall receive fifteen (15) minutes of travel time, whenever possible, between the High School and the Middle School.  This travel time shall be exclusive of lunch and planning time. 
3. Members shall be reimbursed driving mileage for travel between buildings at the Board of Education approved rate.

1. As annual budget allows and at the discretion of the District, the District may set aside an annual fund equivalent to up to one-hundred dollars ($100) per unit member for staff appreciation purposes. At the Association President’s request the Superintendent or designee will provide an end-of-year accounting of the use of these funds. 

1. The District shall establish procedures whereby members of the professional certified and classified staff may take part in a tax-sheltered annuity program.   Each employee wishing to participate in the program shall have the right to determine the company with whom they wish to contract.
2. The District agrees to submit  payments to a common remitter per the deduction schedule selected by mutual agreement between the District and the Association. The common remitter would disburse the participant's deduction that is tax sheltered to the participant's choice of company.
   a.    It is understood that questions with respect to the submission of an individual participant's tax shelter annuity contribution shall be the responsibility of the common remitter.
   b.     It is the District's responsibility to ensure that the maximum allowable tax shelter annuity contribution is not exceeded on an annual basis, based upon the information provided by the employee.

1. Health insurance options members commencing employment with Gates Chili CSD on or before June 30, 2022:
   1. For all full-time unit members, the District will contribute 83.5% of the premium for RASHP Value health insurance plans at the applicable single, sponsor or family rate commencing on January 1, 2026. For all full-time unit members, the District will contribute 82.5% of the premium for RASHP Value health insurance plans at the applicable single, sponsor or family rate commencing on January 1, 2027.  For all full-time unit members, the District will contribute 81.5% of the premium or RASHP Value health insurance plans at the applicable single, sponsor or family rate commencing on January 1, 2028.   For all full-time unit members, the District will contribute 80.5% of the premium for RASHP Value health insurance plans at the applicable single, sponsor or family rate commencing on January 1, 2029.     
   2. Unit members who are enrolled in the RASHP Select plan will pay any difference between the District’s contribution to the Value premium (see 1.a.) and the Select premium at the applicable rate for single, sponsor or family. Only unit members enrolled in Select prior to July 1, 2019 will be permitted to continue enrollment in Select. Unit members will no longer be permitted to continue enrollment in Select and must change plans for an effective date of January 1, 2027. 
   3. Unit members wishing to enroll in the Simply Blue High Deductible (SBHD) plan, shall do so in accordance with the terms outlined in paragraph 2, below.  Once a unit member enrolls in the SBHD plan, it becomes their base plan. If the unit member chooses to return to the RASHP Value plan at a later date, they will be responsible for payment of the difference in premium cost between SBHD and RASHP Value.
2. Health insurance options members commencing employment with Gates Chili CSD on or after July 1, 2022:

1. Commencing January 1, 2020, all full-time unit members shall be eligible for a District medical insurance plan in accordance with the following:  The District will contribute 100% of the premium for Simply Blue High Deductible (SBHD) for the unit member’s first two (2) years of enrollment.  Thereafter, the District shall contribute 95% of the premium costs. Years shall be defined as plan years (i.e. January 1^st -December 31^st).  Completion of partial plan years shall be counted as full years of enrollment for members with enrollment start dates that do not coincide with the plan year.
2. Additionally, the District will establish a Health Savings Account (HSA) for active members enrolled in the SBHD plan, with the District contributing the following annually to the HSA:
   1. Years 1 and 2 of member’s enrollment: $1,800 for Single and $3,600 for 2 Person, Family No Spouse and Family;
   2. Each year thereafter: $900 for Single and $1,800 for 2 Person, Family No Spouse and Family.
3. Such contributions shall be in January of each year, provided the unit member remains enrolled in the plan at the time of payment. New members with enrollment start dates that do not coincide with the plan year shall receive the full HSA contribution in the month of their enrollment.
4. Provided IRS rules are met, unit members will retain their HSA contributions, even if they leave their employment with the District. HSA contributions may be used in retirement towards health insurance premiums.
5. Any unit member commencing employment prior to July 1, 2022, who commits to switching from Value to SBHD by January 1, 2027, shall receive an additional .25% increase in their base pay effective July 1, 2026.
6. Commencing July 1, 2022, Simply Blue High Deductible (SBHD) shall become the base plan for all           unit members commencing employment on or after July 1, 2022.

3. Effective July 1, 2026, the district will no longer contribute to HRA (105 accounts) for members, with the exception of paragraph 4.b., below. Unit members wishing to use funds already deposited in these accounts must do so by December 31, 2029. If a unit member has funds remaining after December 31, 2029, they may continue to spend the funds, but they must pay the District the administrative fee. Said fees will be deducted from the employee’s paycheck.
4. Major Medical:

1. Effective January 1, 2013, and thereafter, the District will contribute 50% towards the premium for major medical for only those members currently enrolled in major medical and enrolled as of December 1, 2003.  No new enrollees will be allowed.
2. The District will make an annual contribution of $625 for a single major medical plan or $1550 for a family major medical plan to a HRA (105 accounts), only to those members currently enrolled in major medical and enrolled as of December 1, 2003, who elect to opt out of District coverage of major medical.  Once the member opts out of major medical, they cannot re-enroll.

5. Dental and Vision: The District will provide 85% of the premium cost for dental and vision insurance coverage. The particular plan(s) will be ones that are mutually acceptable to the Association and Superintendent.
6. Opt-Out:

1. If a unit member as described in paragraphs 1 or 2 above elects not to continue their medical insurance benefit through the District, then the member is eligible for an opt-out payment. The member needs to provide evidence of other medical coverage by completing the necessary opt-out paperwork annually during open enrollment. 
2. The District will provide two payments semi-annually, each January 1st and July 1st respectively, as long as the member remains covered by a qualifying medical plan provided by a source outside of the District and the member remains employed on a full-time basis by the District.  This payment will be prorated when the unit member separates service with the District for any reason, or elects to join a District medical insurance program during the year.  This benefit is subject to the restrictions noted below if applicable.  
3. Yearly Health Insurance Opt-out payment schedule:
   1. Commencing in January of 2023, there will be a $2,125 annual contribution for Single and $3,250 annual contribution for 2 Person, Family No Spouse and Family, provided proof of dependent is produced prior to payment of Opt-out.
   2. Beginning December 1, 2009, unit members whose spouse or dependent also works in the District will receive an annual opt out payment in the amount of $600.

7. Part-time Members: Part time employees shall be eligible for the benefits as outlined in paragraphs 1, 2, and  4 above, except they will have such benefits prorated in accordance with their full time equivalent work status.
8. Comparable Coverage: If the employee has comparable medical insurance coverage under any other means or policy, the District shall not provide this health insurance for the employee.
9. Retirement Benefits:

1. Members retiring after age 55, with at least 15 years of service, will have the same premium contribution as when they were last active, except that Health Insurance Opt-Out and Major Medical Opt-Out payments shall not continue in retirement.  
2. If a comparable insurance policy is available for less than the combined premium cost of the applicable health, dental and vision insurance as specified in paragraphs 1, 2, and 4 above, the District will pay up to that amount for out of service area coverage.  Twice a year, the retiree must submit proof by receipt and the District will send two lump sum payments to the retiree or health insurance agency providing the coverage.  
3. Effective January 1, 2024, the district will provide Medicare Advantage Plans through Aetna. For retirees reaching Medicare eligibility on or after January 1, 2024, the choice of Aetna Medicare Advantage Plan 3 or Aetna Medicare Advantage Plan 5 will be made available to them at no cost. The district reserves the right to change insurance carriers or become self-insured, except that the district agrees to provide benefits substantially similar to the Medicare coverage and cost which the retiree was entitled, pursuant to the contract in place when they retired. The district will provide notice to the retirees prior to any change being made and an opportunity to discuss the changes with the District.

10. Deceased Employees/Retirees: Premium payments for benefits described will be provided for the families of deceased employees/retirees for a period of twelve months following the death of the employee/retiree. Thereafter the family of the deceased employee/retiree may continue on the District’s plan by paying 100% of the cost.
11. Early Retirement: Those members who qualify for retirement benefits without penalty with the New York State Retirement System and retire before attaining fifty-five (55) years of age, and have at least fifteen (15) years of service to the Gates Chili Central School District will be allowed to continue participation in the District’s medical insurance plan as noted: 

1. Members who retire before attaining fifty-five (55) years of age will pay the full cost of their elected medical insurance plan commencing from the effective date of their retirement until they attain fifty-five (55) years of age.
2. Premium payments for medical insurance benefits by the District will resume at the same rate as that agreed upon by the Association and the District after the member has attained fifty-five (55) years of age.
3. It will be the obligation of the member to provide written notice to the District that they have attained fifty-five years of age.

12. Claims information filed by a unit member shall be confidential and the District will not attempt to obtain personal identification or other information on claims except that which is currently provided by law.
13. On an annual basis, prior to March 1, representatives of the Association and Superintendent may meet and review the District's participation in the health insurance plan(s).  The Association agrees to cooperate with the District in its efforts to contain health insurance costs.  It is understood that the Association President will be involved in any internal study regarding health plans provided to members of the unit.  
14. The District will continue to make available to unit members a Section 125 "flexible spending arrangement" benefits plan.  This shall be a limited purpose FSA for those enrolled in the SBHD plan.