Work Agreement Guidelines

The following election-to-work agreement guidelines were created by a Pilot Schools committee comprised of school staff, with facilitation by CCE coaches, and approved by the Boston Pilot Schools Network. The guidelines are intended to provide guidance to Pilot Schools in creating election-to-work agreements for Boston Teachers Union members that voluntarily choose to work in a Pilot School.

BTU Contract Language
. . . Pilot Schools will operate with an average school-based per pupil budget, plus a start-up supplement, and will have greatly increased decision-making authority, including exemptions from all Union and School Committee work rules.

. . . Employees in Pilot Schools will be required to work the full work day/work year as prescribed by the terms of the individual Pilot school proposal. Further, they shall be required to perform and work in accordance with the terms of the individual Pilot school proposal. Nothing in this Agreement shall prevent Pilot School governing bodies from making changes to their programs and schedules during the year.

All BTU members who apply for positions at Pilot Schools shall receive the following information at the time of their application:

• The length of the school day and school year;
• The amount of required time beyond the regular school day;
• Any additional required time during the summer or school vacations; and
• Any other duties or obligations beyond the requirements of the BTU contract.

Employees shall work in Pilot Schools on a voluntary basis and may excess themselves at the end of any school year. No BTU member may be laid off as a result of the existence of Pilot Schools.

The Governing Board of each Pilot school shall develop an internal appeals process to allow any staff member to raise issues, concerns, or problems. The internal appeals process shall be submitted to the Joint BTU/BPS Steering Committee for approval. The internal appeals process shall be provided in writing to all BTU staff members.

Issues not resolved at the school level may go to mediation under Article X-C of this agreement. Final resolution will be made by the Superintendent of Schools and the President of the Boston Teachers Union.

Pilot School Work Rules and Grievances
As stated in the BTU contract, Pilot Schools are exempt from all union and school committee work rules—rules regarding most terms and conditions of employment. BTU Pilot School staff are required to work the full work day/work year, and perform and work in accordance with the terms set forth by each individual Pilot School. Further, Pilot School governing bodies may change the school’s programs and schedules during the year, thereby also changing the work conditions of BTU Pilot School staff. It is recommended that any potential changes in work rules be discussed in collaboration with faculty.

BTU Pilot School employees work at their respective Pilot School voluntarily. Therefore, permanent teachers may voluntarily excess themselves at the end of any school year. Similarly, a Pilot School may also choose to excess an employee at the end of any school year (the deadline for notification of a permanent employee to be excessed is set each year). In this case, a permanent employee does not lose his/her right to employment within the BPS. He/she is placed on the system wide excess list (this does not apply to provisional teachers).

Because of this contract language, Pilot School staff that are BTU members are not eligible to formally grieve any work rules of their respective schools; however, each Pilot School is required to have in place an approved appeals process to allow any staff member to raise issues, problems, or concerns.

Notification of Pilot School Work Rules during the Hiring Process
Each Pilot School should include in its hiring process notification to the prospective staff person that Pilot Schools are exempt from all BTU union and school committee work rules. This explanation should include a description of the Pilot School's work day/work year and schedules, and the person's potential job responsibilities. It should be noted to the prospective permanent employee that employment at a Pilot School does give them the right to voluntarily excess themselves at the end of any school year.

Election Agreements
When hired and annually thereafter, each BTU Pilot School staff person should be required to sign an election agreement (see the tool “Election-to Work Agreement Sample Template”). This election agreement should outline:

• Salary, benefits, seniority (related to salary only), and membership in a bargaining unit.
• Terms of employment, including BPS zero tolerance policy for discrimination and harassment.
• Length of school day and school year, including the amount of time required beyond the BTU contract day and any additional required time during the summer or school vacations.
• Job responsibilities, including any duties or obligations beyond the requirements of the BTU contract.
• Performance evaluation.
• Dispute resolution.
• Excessing for permanent employees.
• Dismissal (this is governed by state statute).
For provisional teachers, the Pilot School should attach the standard BPS contract to this election agreement, with the language amended to parallel that of the election agreement.

Performance Evaluation
Every Pilot School should have an approved, written process for performance evaluation of staff. This document should clearly articulate the process by which staff will be evaluated, how often they will be evaluated, the criteria by which they will be evaluated, and the support and professional development teachers can expect to receive. The document should also include the process by which the school will work with teachers that need improvement.
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The following is a template for an annual election-to-work agreement that school staff elect to sign at each Pilot School, outlining the work conditions for the school year. The agreement should include the following information.

1) Introduction
Include the following language:

I, << FIRST AND LAST NAME>>, am voluntarily electing to work at << NAME OF SCHOOL>>, Pilot School. I am signing this Election Agreement to indicate I understand and agree to the following terms and conditions of my employment.
_________________________ Pilot School is under the Pilot Schools program described in the Collective Bargaining Agreement between the School Committee of the City of Boston and the Boston Teachers Union (the BTU Contract) and in the Pilot Schools Request for Proposals. Employees of Pilot Schools are to receive wages and benefits as they would at any other Boston Public School, as specified in Article VIII, Compensation and Benefits, of the BTU Contract for teachers. Other terms and conditions of employment will be determined by __________________________Pilot School and _________________________ Pilot School’s governing body, rather than by the BTU Contract. While not attempting to be exhaustive, this election states the more important terms and conditions. These terms and conditions will be subject to change from time to time as the _________________________ Pilot School may make changes to its program and schedule during the year.

2) Salary, benefits, seniority, and membership in a bargaining unit
Include the following language:

You will continue to accrue seniority as you would if you were working elsewhere in the Boston Public Schools. If you are hired as a teacher, you will receive the salary and benefits established in the BTU Contract, Article VIII. You will be a member of the appropriate Boston Teachers Union bargaining unit. (Note: No seniority accrues until and unless the teacher is made permanent, and then seniority is retroactive.)

3) Terms of employment

o Outline work day and work year.
o Include school schedule.
o The following language should be included at the end of this section:
In addition, supplemental hours and tasks necessary to complete the mission of the Pilot School may be required.

4) Responsibilities

o Outline all job responsibilities. o Include the following language at the end of this section: Other duties as assigned by the Administrator.

5) Performance evaluation
Include the Pilot School’s performance evaluation process.

6) Dispute resolution
Include the school’s dispute resolution process, using the Pilot School Network dispute resolution guidelines as a resource.

7) Excessing
The following language should be included:
For permanent teachers, you may unilaterally excess yourself from ____________ Pilot School within the Voluntary Excess timeline set forth in the annual BPS Staffing Calendar included in Superintendent Circular HRS-25. Similarly,____________ Pilot School may unilaterally excess you within the Involuntary Excess timeline set forth in the annual BPS Staffing Calendar included in Superintendent Circular HRS-25. In the event of such excessing, permanent teachers will be placed on the system-wide excess list, subject to the terms and procedures in Part V. K of the BTU Contract.

8) Dismissal
The following language should be included:
You will be subject to dismissal from BPS in accordance with existing law. Additionally, the contract for provisional teachers is limited to one school year of employment.

9) Signatures
The following language should be included:
By signing this document, I acknowledge that I have read all the provisions of this election agreement and that I agree to all its terms.

o This should be followed by the date, name and address of the employee, and name of the Pilot School director.
Dispute Resolution Guidelines
As required by the BTU contract, every Pilot School must have a process for dispute resolution that is approved by the school’s governing body in case a dispute arises between an employee(s) and administration. Following are recommended guidelines for schools developing a dispute resolution policy.

• Work Rules

(1) The teacher should meet with the Pilot School administrator to address concerns about the school’s work rules and attempt to reach a resolution. It is always advisable to document the results of such meetings. In doing so, the teacher should have the opportunity to bring another colleague to the meeting for support and advice. All meetings regarding disputes should be kept confidential by the administrator.

(2) If a meeting with the administrator does not result in a satisfactory resolution, the teacher may choose to present the concern or complaint to the chairperson of the school’s governing body. Every Pilot School governing body should have in place a process to hear the concern or complaint, either by a subcommittee of the governing body or through accessing outside mediation. The decision of the governing body in relation to the concern or complaint is final, unless appealed through step 3.

(3) If the teacher is still not satisfied, he/she may appeal to the superintendent and Boston Teachers Union president. The decision of the superintendent and BTU president is final.

• Equity Issues

(1) A teacher with concerns about equity issues at the school—for example, regarding issues of race, gender, religion, sexual preference, or fairness—may choose to meet with the Pilot School administrator to address them and attempt to reach a resolution. In doing so, the teacher should have the opportunity to bring another colleague to the meeting for support and advice. All meetings regarding disputes should be kept confidential by the administrator.

(2) Pilot School staff should be made aware, through the school’s election agreement or employee handbook, that they may bring an equity dispute to the Equity Office of the Boston Public Schools. This office is charged with investigating the equity dispute and mediating a resolution.

(3) Pilot School staff should be made aware, through the school’s election agreement or employee handbook, that they may bring the equity dispute to the Massachusetts Commission Against Discrimination. This office is charged with investigating the equity dispute and determining a resolution.

While Pilot School faculty are not subject to union and school committee work rules, a staff person who is a BTU member is still a bargaining unit member.