PREAMBLE
THIS AGREEMENT is entered into this _____ day of ___________ 2004 by and between the BOARD OF EDUCATION OF THE TOWNSHIP OF BERKELEY HEIGHTS (hereinafter called the "Board" or the "Employer") and the BERKELEY HEIGHTS EDUCATION ASSOCIATION (hereinafter called the "Association").

ARTICLE I
RECOGNITION
A.  Unit.  The Board hereby recognizes the Berkeley Heights Education Association as the exclusive and sole representative for collective negotiations concerning grievances and terms and conditions of employment for all full-time and regularly employed part-time employees of the Board in the categories of maintenance personnel, custodians and groundskeepers, but excluding all other certificated and non-certificated personnel.
B.  Definition.  Unless otherwise indicated, the term "employee," when used hereinafter in this Agreement, shall refer to all employees represented by the Association in this negotiating unit.  References made to male employees shall include female employees, and references to females shall include males.

ARTICLE II
NEGOTIATION OF SUCCESSOR AGREEMENT
A.  The parties hereto agree that the terms set forth herein shall not be considered to establish the extent of negotiable items for any future contracts, and the parties agree that future contracts will be negotiated within the spirit and intent of N.J.S.A. 34:13A-1 et seq.  The parties agree to commence negotiations not later than January 15th of the school year during which the contract expires.  Any Agreement so negotiated shall apply to all employees, be reduced to writing and, after ratification, be signed by the Board and the Association.
B.  Information.  During negotiations, the Board and the Association shall present relevant data, exchange points of view and make proposals and counterproposals.  The Board agrees to furnish, in response to reasonable requests which are reasonable as to quantity and time, information, including but not limited to annual financial reports and audits, the proposed budget, and a register of names and addresses of personnel covered by the terms of this Agreement.  Anything herein stated to the contrary notwithstanding, the Board shall not be obligated to compile or to furnish any information which does not exist as a separate record or document.
C.  Procedure.
1.  Representation.  Neither party in any negotiations shall have any control over the selection of negotiating representatives of the other party.  The parties mutually pledge that their representatives shall be clothed with all necessary power and authority to make proposals, consider proposals and make counterproposals in the course of negotiations.
2.  Meeting Time.  All meetings between the parties shall be scheduled, whenever possible, to take place when the employees involved are free from assigned responsibilities, unless otherwise agreed.  Employees whose work schedule is interrupted by attendance at negotiations shall not be paid for such lost time.
D.  Interim Negotiations.  During the term of this Agreement, neither party shall be required to negotiate with respect to any matter, whether or not covered by this Agreement and whether or not within the knowledge or contemplation of either or both of the parties at the time they negotiated or executed this Agreement unless both parties agree in writing to the contrary.
E.  Modification Clause.  This Agreement shall not be modified in whole or in part by the parties except by an instrument in writing duly executed by both parties.

ARTICLE III
ASSOCIATION RIGHTS & PRIVILEGES
A.  The Association and its representatives shall have the privilege of using school buildings at all reasonable hours for meetings, on approval of the Board Secretary/Business Administrator, provided that this shall not interfere with normal school operations or the work time of employees.  The Association shall bear any unusual custodial costs incurred in the Association's use of the school buildings.
B.  The Association shall have, in each building, the exclusive use of a bulletin board located in the head custodian's office and in the maintenance garage.  Copies of all materials to be posted on such bulletin boards shall be given in advance to the immediate supervisor.
C.  The Association shall have the right to use the inter-school mail facility and school mailboxes as it deems necessary.

ARTICLE IV
DEDUCTIONS
A.  The Board agrees to deduct from employees' salaries dues and other contributions which said employees individually and voluntarily authorize the Board to deduct.  However, in no event shall such other contributions be deducted for the benefit of more than a maximum of 8 agencies designated by the Association.  Such deductions shall be made in compliance with Chapter 233, New Jersey Public Laws of 1969 (N.J.S.A. 52:14-15.9e), and under the rules established by the State Department of Education.  Employees' authorizations shall be in writing.
B.  If during the life of this Agreement there should be any change in the rate of membership dues, the Association shall furnish to the Board written notice 30 days prior to the effective date of such change.  It is understood that the only obligation of the Board shall be to remit to the Association the total deductions.
C.  The Association shall indemnify, defend and save the Board harmless against any and all claims, demands, suits or other forms of liability that shall arise out of or by reason of action taken by the Board in reliance upon salary deduction authorization cards submitted by the Association to the Board.
D.  The filing of notice of an employee's withdrawal may be made at any time, in writing, and shall become effective to halt deductions as of July 1st or January 1st next succeeding the date on which the notice of withdrawal is filed.
E.  The Board agrees to deduct from employees' salaries for the pay periods ending on the 15th and the last day of each month money for deposit in the Union County Teachers Federal Credit Union, as said employees individually and voluntarily and in writing authorize the Board to deduct, and promptly to transmit the monies to the Credit Union.
F.  Representation Fee.
1.  During each school year, the Board shall deduct from the salaries of employees who are not members of the Association for the then current membership year (i.e., from September 1 to the following August 31) a representation fee equivalent to an amount certified to the Board by the Association as equal to regular membership dues, including fees and assessments charged by the Association to its members, less the cost of benefits financed through the dues, fees and assessments and available to or benefiting only Association members, but in no event shall the amount deducted for the representation fee by the Board exceed 85% of the membership dues, fees and assessments, provided, however, that the obligation of the Board to make the wage deduction provided herein shall be contingent upon:
a.  Certification by the Association of the amount to be deducted for the representation fee from each non-member employee's salary by the Board, and
b.  The establishment and continuing maintenance by the Association of a demand and return system in conformance with the provisions of N.J.S.A. 34.13A-5.4 et seq.
2.  Prior to November 1 of each year, the Association will submit to the Board a list of those employees who are not members of the Association for the then current year.  The Board will deduct from the salaries of such employees, in accordance with paragraph c below, the full amount of the representation fee and will transmit promptly the amount so deducted to the Association.
3.  The Board will deduct the representation fee in equal installments, as nearly as possible, from the paychecks paid to each employee on the aforesaid list during the remainder of the school year.  The deductions will begin with the first paycheck paid:
a.  10 days after receipt of the aforesaid list by the Board; or
b.  30 days after the employee begins his employment in a bargaining unit position, unless the employee previously served in a bargaining unit position and continued in the employ of the Board in a non-bargaining unit position or was reemployed in such unit from a reemployment list, in which event the deductions will begin with the first paycheck paid 10 days after the resumption of the employee's employment in a bargaining unit position, whichever is later.
4.  If an employee who is required to pay a representation fee terminates his employment, such termination shall become effective to halt deductions pursuant to this Article as of July 1st or January 1st succeeding the termination of employment, and the Board will deduct the unpaid portion of the fee to such July 1st or January 1st from the last paycheck paid by the Board to said employee during the membership year in question.
5.  Except as otherwise provided in this Article, the mechanics for the deduction of representation fees and the transmission of such fees to the Association will, as nearly as possible, be the same as those used for the deduction and transmission of regular membership dues to the Association.
6.  The Association will notify the Board in writing of any changes in the list provided for in paragraph b above and/or the amount of the representation fee, and such changes will be reflected in any deductions made more than 10 days after the Board receives said notice.
7.  The Association agrees to indemnify and hold the Board harmless against any and all liability which may arise by reason of any action taken or not taken by the Board, its employees and agents in complying with the provisions of this Article, provided that:
a.  The Board gives the Association timely notice in writing of any claim, demand, grievance, suit or other form of liability in regard to which it will seek to implement this paragraph; and
b.  If the Association so requests in writing, the Board will surrender to it full responsibility for the defense of such claim, demand, suit or other form of liability and will cooperate fully with the Association in gathering evidence, securing witnesses, and in all other aspects of said defense.
8.  It is expressly understood that paragraph 7 above will not apply to any claim, demand, suit or other form of liability which may arise as a result of any type of willful misconduct by the Board or the Board's imperfect execution of the obligations imposed upon it by this Article.

ARTICLE V
EMPLOYEE RIGHTS
A.  Pursuant to the Employer-Employee Relations Act, the Board and the Association agree that every member of the unit shall have the right freely to organize, join and support the Association and its affiliates for the purpose of engaging in collective negotiations, or to refrain from such activities.  The Board and the Association undertake and agree that they shall not directly or indirectly discourage or deprive or coerce any employee in the enjoyment of any rights conferred by the Employer-Employee Relations Act, or other laws of New Jersey or the constitutions of New Jersey or the United States.
B.  Nothing contained herein shall be construed to deny or restrict to any employee, or the Board, such rights as they may have under New Jersey School Laws or other applicable laws or regulations.  The rights granted to employees and the Board hereunder shall be deemed to be in addition to those provided elsewhere.
C.  Whenever any employee is required to appear before the Superintendent, the Board or any committee thereof, for a meeting or conference which does not involve performance evaluation and the purpose of which adversely concerns the continuance of that employee in office, position or employment, or adversely concerns salary or any increments pertaining thereto, he/she shall be entitled to have a representative of the Association present to advise and represent him/her during such meeting or conference, provided that no unreasonable delay shall be incurred in the scheduling of such meeting due to a lack of representation.  In addition, an employee who is the subject of a disciplinary investigation shall have the right to an Association representative at any such interview.
D. 1.  Employees that are shown on the annexed list have tenure.
2.  All other employees do not have tenure.
3.  All new employees and all employees without statutory tenure shall be hired with fixed term contracts.
4.  Non-tenured employees may not be offered renewal of their fixed term contract, or terminated in accordance with the notice provisions thereof, in the sole and exclusive discretion of the Board, and this action shall not be subject to the grievance procedure under the terms of this Agreement.
5.  All disciplinary actions other than those set forth above shall be subject to the grievance procedure.  Any actions taken by the Board based upon employee performance and not as discipline for violation of employee conduct standards shall not be subject to the grievance procedure.
a.  Disciplinary action may include, but shall not be limited to:
(1)  verbal reprimand
(2)  written reprimand
(3)  suspension with or without pay
(4)  fine
(5)  withholding of increment for
disciplinary reasons.
 
E.  No employee shall be prevented from wearing pins or other identification of membership in the Association or its affiliates.
F.  Any criticism by a supervisor, administrator, or Board member of an employee shall normally be made in confidence and not in the presence of students, parents, other employees.
G.  No employee shall be disciplined or have compensation reduced without just cause.

ARTICLE VI
BOARD'S RIGHTS
A.  The Association recognizes that the Board has certain powers, rights, authorities, duties and responsibilities vested in it by the laws of the State of New Jersey and of the United States.  It is understood that these include the rules and regulations included in the New Jersey Administrative Code, an official publication of the State of New Jersey, as well as requirements coming from the New Jersey Commissioner of Education in the form of memoranda.
B.  In exercise of its discretionary authority, as aforesaid, the Board reserves the right to implement decisions and make appropriate work rules, except as limited by the specific terms of this Agreement and past practice.
C.  The Board reserves to itself sole jurisdiction and authority over matters of policy and retains the right through the Administration, in accordance with applicable laws and regulations:
1.  To direct employees within the scope of their contracts in compliance with Board policy;
2.  To hire, promote, transfer, assign and retain employees in positions within the school district;
3.  To maintain the efficiency of the school district operations entrusted to them;
4.  To determine the staff by which school district operations are to be conducted; and
5.  To take whatever actions may be necessary to carry out the mission of the school district in situations of emergency.

ARTICLE VII
GRIEVANCE PROCEDURE
A.  Definitions.
1.  "Administrator" is any person or persons acting in a supervisory capacity.
2.  "Aggrieved person" is the person or persons or the Association at the request of and on behalf of a group of persons making the claim.
3.  "Grievance" is a claim by an employee or group of employees or the Association that there has been a violation, misinterpretation, inequitable application of this Agreement, policies or administrative procedures affecting such employee or group of employees.
4.  "Work day" shall be defined as a weekday when employees' attendance is required.
5.  "Immediate supervisor" refers to the Building Principal or Maintenance Supervisor, as may be appropriate.
6.  "Party in interest" is the person or persons making the claim and any person, including the Association or the Board, who might be required to take action or against whom action might be taken in order to resolve the claim.
B.  General Provisions.
1.  The purpose of this procedure is to secure, at the lowest possible level, equitable solutions to problems which may from time to time arise affecting grievances of employees.
2.  Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of the procedure.
3.  Nothing herein contained shall be construed as limiting the right of any employee having a grievance to discuss the matter informally with any appropriate member of the Administration, and having the grievance adjusted without the intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement.
4.  Since it is important that grievances be processed as rapidly as possible, the number of days indicated shall be considered maximum at each level, and every effort should be made to expedite the process.  Time limits specified may be extended or shortened by mutual agreement.  An aggrieved employee shall institute action under the provisions hereof within twenty (20) work days of the event being grieved.  Failure to act within the said twenty (20) work day period shall be deemed to constitute an abandonment of the grievance, unless the immediate supervisor is unavailable during said twenty (20) work days, in which event the parties shall mutually agree to a date for an initial meeting.
5.  In the event a grievance is filed at such time that it cannot be processed through all the steps of 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 is practicable.
6.  Any aggrieved person may be represented at all stages of the grievance procedure by him/herself or, at his/her option, by a representative selected or approved by the Association.  When an employee 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.
7.   No reprisals of any kind shall be taken by the Board or by any member of the Administration against any party in interest, representative, member of the Association, or any other participant in the grievance procedure by reason of such participation.
8.  Decisions rendered at all formal levels of this procedure shall be in writing, setting forth the decision and the reasons therefor and shall be transmitted to the designated representative and Association President.
9.  All documents, communications and records dealing with the processing of a grievance shall be retained in a separate grievance file and shall not be kept in the personnel file of the participants.
10.  All meetings and hearings under this procedure shall not be conducted in public and shall include only the parties in interest and their representatives.
11.  The Association may initiate and process a grievance through all levels of this procedure even though the aggrieved person does not wish to do so.
C.  Sequence of Levels for Resolving Grievances.
Level One.  Any employee having a grievance shall, within twenty (20) working days of the occurrence thereof, submit said grievance in writing to his/her immediate supervisor or principal, and shall meet with the supervisor in an effort to resolve the matter.
Level Two.  If the aggrieved person is not satisfied with the disposition of the grievance at Level One, or if no decision has been rendered within seven (7) work days after the presentation of the grievance, he/she may file the grievance in writing with the School Business Administrator within ten (10) work days after the decision at Level One, or seventeen (17) work days after the grievance was presented at Level One, whichever is sooner.
Level Three.
1.  If the aggrieved person is not satisfied with the disposition of the grievance at Level Two, or if no decision has been rendered within ten (10) work days after the grievance was delivered to the School Business Administrator, he/she may, within ten (10) work days after a decision by the School Business Administrator, or twenty (20) work days after the grievance was delivered to the School Business Administrator, whichever is sooner, submit the grievance in writing to the Board of Education.
2.  Within fifteen (15) school days after receipt of the grievance, the Board, or a committee thereof, shall review the grievance and hold a hearing on the matter, if requested to do so by a party to the grievance.
3.  The Board shall have thirty (30) calendar days from submission to respond.
Level Four: Arbitration.
1.  If the Association is not satisfied with the disposition of the grievance at Level Three, or if no decision has been rendered within thirty (30) calendar days after the grievance was submitted to the Board, it may, within ten (10) calendar days after a decision by the Board, or forty (40) calendar days after the grievance was submitted to the Board, whichever is sooner, submit the grievance to arbitration.
2.  Within ten (10) calendar days after such written notice requesting arbitration, the Board and the Association shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve.  If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, a request for a list of arbitrators may be made to the Public Employment Relations Commission, and its rules regarding the selection of an arbitrator shall apply.
3.  The arbitrator so selected shall confer with the parties and hold hearings promptly and shall issue his decision not later than thirty (30) calendar days from the date of the close of the hearings, or, if oral hearings have been waived, then from the date of the final statements and proofs on the issues are submitted to him.  The arbitrator's decision shall be in writing and shall set forth his findings of fact, reasoning and conclusions of the issues submitted.  The arbitrator's decision shall be submitted to the parties.  The arbitrator shall be without power or authority to make any decision which requires the commission of an act prohibited by law or which alters, adds to, or detracts from this Agreement.  The decision of the arbitrator shall be advisory only, except that with respect to discipline issues, the decision of the arbitrator shall be binding.
4.  The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses, and the cost of the hearing room shall be borne equally by the Board and the Association.  Any other expense incurred shall be paid by the party incurring same.
5.  Selection of an arbitrator and the submission of any matter to arbitration shall not constitute a waiver by the Board of its right to pursue any remedy available to it under law or equity.

D.  Rights of Employee to Representation.
1.  Any aggrieved person may be represented at all stages of the grievance procedure by him/herself or, at his/her option, by a representative selected or approved by the Association.  When an employee 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.
2.  No reprisals of any kind shall be taken by the Board or by any member of the Administration against any party in interest, representative, member of the Association, or any other participant in the grievance procedure by reason of such participation.
E.  Miscellaneous.
1.  If, in the judgment of the Association, a grievance affects a group or class of employees, the Association may initiate such grievance by submitting it in writing to the School Business Administrator directly, and the processing of such grievance shall commence at Level Two.
2.  Forms for filing grievances, serving notices, taking appeals, making reports and recommendations, and other necessary documents, shall be prepared jointly by the School Business Administrator and the Association and given appropriate distribution so as to facilitate operation of the grievance procedure.
3.  All meetings and hearings under this procedure shall not be conducted in public and shall include only the aggrieved person and his/her designated or selected representatives, Association representatives heretofore referred to in this Article, and appropriate administrative representatives.
4.  Decisions rendered at all formal levels of this procedure shall be in writing, setting forth the decision and the reasons therefor.

TABLE OF CONTENTS

ARTICLE # TITLE   PAGE #

PREAMBLE 1

I RECOGNITION 2

II NEGOTIATION OF SUCCESSOR AGREEMENT 3

III ASSOCIATION RIGHTS & PRIVILEGES 5

IV DEDUCTIONS 6

V EMPLOYEE RIGHTS 11

VI BOARD'S RIGHTS 14

VII GRIEVANCE PROCEDURE 16

VIII EMPLOYEE EVALUATION 24

IX PROTECTION OF EMPLOYEES, STUDENTS
& PROPERTY 27

X SENIORITY 28

XI NON-DISCRIMINATION 29

XII WORK YEAR, WORK DAY & OVERTIME 30

XIII VACATION 34

XIV SALARIES 35

XV TEMPORARY LEAVES OF ABSENCE 38

XVI INSURANCE COVERAGE 45

XVII POSTING OF VACANCIES 48

XVIII COMPLAINT PROCEDURE 50

XIX UNIFORM ALLOWANCE 51

XX SEVERABILITY AND SAVINGS CLAUSE 53

XXI FULLY BARGAINED AGREEMENT 54

XXII CALL-IN TIME 55

XXIII DURATION OF AGREEMENT 56