1
Contents
Page
Preamble 4
Article I Recognition 4
Article II Rights 4
A. Right to Organize 4
B. Additional Rights 4
C. Use of College Facilities 4
D. Use of College Property 5
E. Use of College Equipment 5
F. Notices and Mail 5
G. Non-Discrimination 5
H. Grant Funding 5
I. Personnel Files 6
J. Vacancies and New Positions 6
Article III Negotiation of Successor Agreement 6
Article IV Conditions of Employment 7
A. Hours-Contract Year 7
B. Outside Employment 9
C. Committee Membership 9
D. Academy Calendar 9
E. Travel 10
F. Right of First Refusal 11
Article V Leave of Absence 11
A. Advanced Study 11
B. Service in Professional Organizations 11
C. Sabbatical 12
D. Maternity 14
E. Adoption/Custody 14
F. Child Rearing 14
G. Sick 14
H. Sick Pool 15
I. Personal 15
J. Bereavement 16
K. Sick Leave Payment 16
L. Absence Reporting 17
M. Emergency Leave 17
N. Training Leave 17
Article VI Education Benefits 17
Article VII Grievance Procedure 18
Article VIII Terms of Employment 21
Article IX Due Process 22
Article X Health Benefits 23
A. Health Insurance 23
B. Dental Coverage 23
C. Prescription Plan 23
D. Vision Care 24
E. Disability Insurance 24
Article XI Miscellaneous 25
A. Copies of Agreement 25
B. Provision Contrary to Law 25
C. Ratification 25
D. Representation Fee 25
E. Contract Closure 26
F. Employer-Employee Committee 26
G. Distance Education 26
Article XII Compensation 26
A. Salary Increases 26
B. Starting Salary 26
C. Overload Teaching 27
D. Professional Development 27
E. Degree/Credentials Incentive 27
F. Longevity 28
Article XIII Reduction in Force 28
Article XIV Evaluation 29
Article XV Management Rights 30
Article XVI Duration of Agreement 31
Appendix A Payroll Deduction Authorization 32
Preamble
This agreement is entered into this first day of July 2006, by and between the Atlantic Cape Community College Board of Trustees, called the Board, and the Academy of Culinary Arts Faculty Association, called the ACAFA.
Article I
Recognition
The Board recognizes ACAFA as the exclusive representative for collective negotiations as defined in New Jersey Public Laws of 1975, Chapter 123, for all full-time ACA educators.
Article II
Rights
A. Right to Organize
According to Public Laws of 1975, Chapter 123 of the State of New Jersey, all ACA educators shall have the right to freely organize, join, and support the ACAFA. ACAFA's purpose is to engage in collective negotiation over grievances, terms and conditions of employment and activities for mutual aid and protection.
B. Additional Rights
1. The Board extends to all ACAFA members the rights and privileges in academic freedom, bookstore discounts, personnel files, professional position vacancies, and notice and issue date of employment contracts.
2. ACAFA members shall be entitled to full rights of citizenship and no religious or political activities of any ACAFA member, or the lack thereof, shall be grounds for discipline or discrimination with respect to employment. The personal life of an ACAFA member is not ordinarily within the concern or attention of the Board. It is expected that the ACAFA member will conduct his/her life style in an acceptable standard of behavior.
C. Use of College Facilities
ACAFA has the right to use College facilities only when the use does not interfere with normal College operation.
D. Use of College Property
Authorized ACAFA representatives are permitted to conduct official business on College property, if the activity does not interfere with normal College operation or the performance of their regular duties.
E. Use of College Equipment
ACAFA may use College equipment only upon approval by the ACA Dean or his/her designee. ACAFA will pay for any expendable supplies used for ACAFA purposes. ACAFA is liable for damages to equipment used for ACAFA purposes.
F. Notices and Mail
ACAFA has the right to post notices concerning ACAFA matters on College bulletin boards. ACAFA may use the College mail service and faculty mailboxes for communication. Postage for external mail and long-distance calls shall be paid by the ACAFA.
G. Non-Discrimination
The provisions of this agreement and the wages, hours, terms and conditions of employment shall be applied in a manner which is not arbitrary, capricious, or discriminatory and is without regard to race, creed, religion, color, national origin, age, sex, marital status or handicap.
H. Grant Funding
ACAFA positions that are in whole or in part contracted or funded by external sources or grants will not have seniority in the event of termination or limitations of grant funds. Grant-funded positions may be terminated immediately without regard to individual contracts, bumping or displacement of other ACAFA members under similar circumstances.
Placement within salary ranges and salary increases shall be determined on the basis of available grant funding and consistent with regulations imposed by funding sources. Salary increases in excess of the allowable grant should be solely at the discretion of the College. The College will make every effort to promptly notify ACAFA if grant funding is not renewed or is cut off.
I. Personnel Files
1. There is one designated personnel file for each ACAFA member. The personnel file will contain pertinent material including evaluations and documents. No written material pertaining to the ACAFA member will be used in a hearing except that contained in the personnel file.
2. ACAFA members have the right to review their personnel files and to have ACAFA representation during the review. The review will be conducted in the presence of the Director of Human Resources. Pre-employment information, including reference inquiries and search committee material will be removed before the review.
J. Vacancies and New Positions
1. The ACAFA President shall receive written notice concerning any ACA vacancy or newly created position within the Academy. The notice will include duties and required qualifications.
2. ACAFA members who apply for professional positions shall be notified of the result of their applications. The College will make every attempt to notify the ACAFA member before the name of the successful applicant is published.
Article III Negotiation of Successor Agreement
A. Deadline Date
The parties agree to enter into collective negotiations over a successor agreement in accordance with Chapter 123, Public Laws of 1975, in a good faith effort to reach agreement on all terms and conditions of employment.
Negotiations shall begin at least 120 days prior to the budget submission date. The negotiated agreement shall be in writing and apply to all ACAFA members. It shall be ratified and signed by the Board and the ACAFA, and be adopted by the Board.
Article IV Conditions of Employment
A. Hours – Contract Year
1. Hours of Accountability
a. ACAFA members may be assigned up to 25 hours per week for regular teaching load credit and non-credit contact instruction, including customized training.
b. ACAFA members will maintain three academic office hours per week.
c. It is expected that ACAFA members shall utilize the remaining seven hours of their respective professional work weeks for class preparation, pre- and post-class student contact, curriculum development, and educator orientation.
d. The total professional five-day work week shall not exceed 35 hours and shall normally be conducted Monday through Friday.
e. ACAFA members will work 10-month contract, September through June, with the understanding that fall semester may begin in late August as part of the regular ACAFA member workload. The specific days and weeks of the 10-month assignment shall be established on a monthly basis, in writing, by ACA Administration. June assignments shall be given to the impacted ACAFA member, in writing, no later than Jan.15. June assignments shall be based on ACA need, ACAFA member qualifications and then, seniority.
f. Notification of changes or additions and subtractions shall be assigned by ACA Administration to an ACAFA member’s work schedule and shall be given, in writing, no later than five work days prior to the beginning of a scheduled duty or assignment. Failure by ACA Administration to provide five work days or notice shall result in a $250 non-base stipend payment to the impacted ACAFA member. This provision for stipend payment shall be void if an ACAFA member’s sudden absence triggers the need for such changes, additions or subtractions to the ACA teaching schedule. Sudden absence is defined as less than five work days of notice.
2. The 10-month contract year will consist of:
a. 150 teaching days.
b. 10 educator days.
- 10 non-instructional days. A maximum of six days may be used at the end of the spring semester.
d. Non-instructional days may be used for:
Committee meetings
Computer training
Continuing education
Faculty meetings
Food shows
Inventory
Make up class time from days missed during the block
Marketing activities
Recruiting functions
Student clubs/activities
Search committee service
e. Educator days may be used for:
ACAFA meetings
Committee meetings
Continuing education
Curriculum development
Faculty meetings
Final semester grades
Grading
Inventory
Lab preparation
Make up class time from missed days during the block
Marketing activities
Preparation of quizzes/tests
Preparation for next block
Reading/grading final projects
Recruiting functions
Updating class notes
f. An ACAFA member assigned to an evening speaking, marketing or recruitment activity shall be credited with one full day of non-instructional service. Non-instructional and educator days shall normally be seven hours. The primary focus of educator’s day shall be grading and preparation for the next block.
3. Salary Distribution
ACAFA members may elect to have their 10-month salaries distributed over 12 calendar months. ACAFA members may change their pay options between June 30 and Aug.15 only.
B. Outside Employment
ACAFA members will report any outside employment to the ACA Dean or his/her designee within one week of accepting the position. ACAFA members will not engage in outside employment that interferes with their College responsibilities.
C. Committee Membership
An ACAFA member may be asked to serve on standing or ad hoc Academy/College-wide committees. Every effort shall be made to schedule committee meetings at a time convenient for the ACAFA member.
D. Academy Calendar
ACAFA members shall have the privilege of inquiring into and recommending the establishment of, or changes in, the Academy calendar.
E. Travel
Authorization
Travel is authorized, in advance, by the appropriate Senior Staff member and the
coordination of its operation and function shall be accomplished by the traveler
and his/her immediate supervisor. Specific provisions are stated in the current
handbook governing travel established and published by the Board.
Per-Mile Rate
Management shall establish a per-mile rate consistent with the State of New Jersey
per-mile rate to be paid to ACAFA members for excess travel to their work
assignments. Travel reimbursements shall be paid on a quarterly basis on dates to
be established and published by management.
Mileage Not Paid
Mileage shall not be paid to ACAFA members traveling to their primary work
locations. A primary location shall be defined as the location where the ACAFA
member spends at least three days per week. Mileage shall not be paid if the ACAFA member’s travel does not exceed his/her normal commute from home to primary assignment.
Mileage Verification
Business Services shall verify the actual mileage from the ACAFA member's home to
his/her primary location and from the ACAFA member’s home to his/her non-primary
location.Travel Formula
"HN" is the distance between the ACAFA member's home and his/her non-primary location.
"HP" is the distance between the ACAFA member's home and his/her primary location.
"PN" is the distance between the primary location and the non-primary location.
When an ACAFA member's travel is only between the non-primary location and home, reimbursable excess mileage will be calculated as: Excess = 2(HN - HP).
When the ACAFA member's travel includes his/her primary location and a non-primary location, the excess mileage will be calculated as follows:
Excess = HN + PN – (HP).
Discrepancies
If there is a discrepancy between actual mileage and formula mileage, the appropriate Senior Staff member shall make the adjustment.
F. Right of First Refusal
ACAFA members will be offered the right of first refusal, based upon rotating seniority, for teaching assignments that occur during the summer sessions. ACAFA members will be offered the right of first refusal, based on rotating seniority, for two non-consecutive overload teaching assignments per semester. An ACAFA member teaching either "Front of the House" or "Back of the House" shall not be permitted to teach an overload. The ACAFA member must be qualified to teach the assigned course(s). Determination of an ACAFA member's qualifications to teach courses shall be made solely by the ACA dean or his/her designee.
Article V
Leave of Absence
A. Advanced Study
An unpaid leave of absence of up to one year may be granted by the Board to an ACAFA member for advanced study and/or research if the Board feels the study shall benefit the College, the Academy, and the ACAFA member. The Board may extend the leave beyond one year. Upon return, the ACAFA member shall be placed in the same or comparable position and salary level as if employed at the Academy during the leave.
B. Service in Professional Organizations
An unpaid leave of absence of up to one year may be granted to any ACAFA member by the Board to serve in a professional capacity or as an officer of a professional association if the Board feels the service would benefit the College, the Academy and the ACAFA member. The Board may extend the leave beyond one year. Upon return, the ACAFA member shall be placed in the same or comparable position and salary level as if employed at the Academy during the leave.
C. Sabbatical
1. Six-Year Residency
ACAFA members who have completed six years of service at the Academy are eligible to apply for sabbatical.
2. Appropriate Activities
The following activities are appropriate for the granting of sabbatical:
a. Full-time attendance at an accredited college.
b. Full-time attendance at an institution specializing in culinary training.
c. Participation in professional development activities sponsored by an institution such as Johnson and Wales or the Culinary Institute of America and/or courses sponsored by the American Culinary Federation, American Dietetic Association and/or National Restaurant Association.
In all cases of ACAFA sabbaticals, the length of the sabbaticals shall only encompass the duration of the course work and must result in a completed sabbatical project within the time frame of the leave of absence.
3. Salary
An ACAFA member on sabbatical leave shall receive full base salary for one academic semester or one-half of base salary for a 10-month leave.
4. Return for One Year
An ACAFA member receiving a sabbatical leave must return to the Academy for one year after the leave.
5. Position on Return
Upon return, the ACAFA member shall be placed at the same or comparable position and salary level as if employed at the Academy during the leave.
6. Application Procedure
Application for sabbatical leave will be filed with the Sabbatical Leave Committee (SLC) no later than Nov. 1 of the preceding academic year. ACAFA members applying for a sabbatical leave will present the committee with a plan of professional development, recognizing factors such as:
a. Improvement of service as a professional employee.
b. Contribution to the development of the total College/Academy program.
7. Sabbatical Leave Committee
The SLC is composed of the Chief Academic Officer, acting as chairperson; a departmental chairperson selected by the College President; an educator at large to be selected by the College President; two Association members selected by the Education Association President; two ACCCOSAP members selected by the ACCCOSAP President; one ACAFA member selected by the ACAFA President; and one SSAACCC member selected by the SSAACCC President. The selected SSAACCC member must have attained at least a bachelor’s degree.
8. Sabbatical Report
The leave applicant shall file an interim and final report of accomplishments obtained pursuant to the objectives (i.e. Appropriate Activities) outlined to the SLC. The interim and final reports must be consistent with guidelines and deadlines established by the SLC. The guidelines and deadlines shall be published and available to any ACAFA member seeking sabbatical leave.
D. Maternity
An ACAFA member requesting unpaid maternity leave shall:
1. Apply in writing to the Director of Human Resources and the ACA Dean within two weeks of confirmation of pregnancy by her physician.
2. Notify the Director of Human Resources and the ACA Dean in writing 60 days before the leave begins or immediately upon the physician's recommendation.
3. Supply the Director of Human Resources with certification from the ACAFA member's physician of her ability to satisfactorily perform her duties.
4. Supply the Director of Human Resources with a physician's certificate attesting to her ability to satisfactorily return and perform her duties. Return to work will start at the beginning of the semester or block.
5. Reappointment will not be denied on the basis of pregnancy alone. If the ACAFA member is granted reappointment, the maternity leave shall continue to its end.
6. Upon return, the ACAFA member shall be placed in the same or comparable position and salary level as if employed at the Academy during the leave.
E. Adoption/Custody
An ACAFA member adopting or assuming legal custody of an infant or pre-school child shall receive similar unpaid leave which will begin upon receiving actual custody of the child or earlier if necessary to fulfill the requirements for the adoption or custody period. The ACAFA member shall keep the College informed if adoption or custody leave is being contemplated.
F. Child Rearing
The Board may grant child-rearing leaves of absence or extensions without pay.
G. Sick
ACAFA members will accumulate seven hours (one day) of sick leave per full month worked.
H. Sick Pool
1. A sick leave pool will be established with each ACAFA member contributing 35 sick leave hours (five days) per year to the pool.
2. The Board will contribute 315 hours (45 days) on a one-time only basis for a start-up total of 910 hours (130 days).
3. When the ACAFA's contribution to the pool reaches 910 hours (130 days), the ACAFA will begin to pay back 315 hours (45 days) to the Board at a proportionate rate not to exceed 35 hours (five days) per ACAFA member.
4. An ACAFA member may access the sick leave pool under the following conditions:
a. All sick, vacation, compensatory and personal leave is exhausted.
b. A 35-hour (five-day) period of absence precedes the access.
c. The maximum an ACAFA member may charge against the pool shall not exceed 315 hours (45 days), if an unused balance remains in the pool.
5. The Board will maintain records of hours accumulated and used by ACAFA members, itemizing all credits and charges, so that an ACAFA member can claim for credit all individual unused hours if:
a. A statute is enacted that would allow an ACAFA member to use individually accumulated sick leave for compensation upon retirement.
b. The person is no longer recognized as an ACAFA member but is still employed by the Board.
c. This program is not sustained by future agreements.
6. No claim for pool credits shall be made by an ACAFA member absent due to a
worker's compensation injury or illness as prescribed by law or an ACAFA member eligible for long-term disability compensation as provided by their retirement program.
7. Use of the ACAFA sick leave pool is limited to ACAFA members who have suffered a catastrophic illness, as verified, in writing, by their physicians.
I. Personal
Up to 28 hours (four days) leave of absence for personal matters that require absence during working hours, shall be granted. The Board expects that ACAFA members shall provide 48 hours of written notice prior to the use of personal leave time. ACAFA members shall not be asked to specify the purpose of the leave. Unused personal hours shall be converted to sick leave hours and added to the ACAFA member's accrued sick leave at the end of the fiscal year.
J. Bereavement
Up to four days of non-accumulative leave of absence shall be granted at any one time upon the death of an ACAFA member’s spouse, child, parent or sibling. Up to three days of non-accumulative leave of absence shall be granted at any one time upon the death of an ACAFA member's step-child or ward, parent, step-parent, foster parent or grandparent; and parents, grandparents and sibling of spouse, or any other family member living in the same household, no matter what degree the relationship, including a domestic partner. Management shall determine and require appropriate proof of co-habitation prior to approving such leave for a domestic partner claim. Denial of bereavement leave for a domestic partner claim shall not be subject to grievance.
An ACAFA member planning to take bereavement leave should provide a 48-hour written notice to the ACA Dean.
K. Sick Leave Payment
A sick leave payment shall be based on accumulated sick leave hours, and the following provisions:
1. The reimbursable rate shall be the ACAFA member's base salary at retirement.
2. ACAFA members will make a reasonable effort to notify the College, in writing, six months before plans to retire so that payment of this benefit meets budgetary considerations.
3. The ACAFA member must be at least 50 years of age.
4. ACAFA members must have at least 10 years of consecutive full-time service to be eligible.
5. The payout shall not exceed 100 percent of the accrued leave nor shall the total payment exceed $11,000, effective June 30, 2006.
6. The payout shall not exceed 100 percent of the accrued leave nor shall the total payment exceed $10,000, effective June 30, 2007.
7. The payout shall not exceed 100 percent of the accrued leave nor shall the total
payment exceed $9,000, effective June 30, 2008.
8. The payout shall not exceed 100 percent of the accrued leave nor shall the total payment exceed $8,500, effective June 30, 2009.
L. Absence Reporting
ACAFA members shall report their inability to attend work by calling the College’s Absence Reporting System (646-5040) and the ACA Dean’s office. ACAFA members shall make every effort to provide a 12-hour notice of absence. If the notice is less than 12 hours or if it is during a weekend, the ACAFA member must also call the home phone of the ACA Dean or Director of Culinary Operations.
M. Emergency Leave
An ACAFA member may take up to 21 hours (3 days) of leave with pay if his/her spouse, parent or child is hospitalized for emergency medical treatment.
N. Training Leave
ACAFA members assigned by ACA Administration to attend off-site workshops, seminars, conferences or other professional development activities shall not be charged personally accumulated leave time.
Members requesting leave for unassigned workshops, seminars, conferences or other professional development activities may be charged personally accumulated leave time, at the discretion of ACA management.
Article VI Education Benefits
A. Admission to Courses
ACAFA members, retired ACAFA personnel and dependents (as determined by the IRS Code) including husband, wife and children of current ACAFA members will be granted tuition-free entrance for credit or audit to any ACCC course where tuition charges are set by the Board, with the exception of Casino Career Institute courses. The intention is to waive tuition not to provide an outlay of cash.
B. College Study Compensation
ACAFA members taking college or professional-level course work from an accredited college or institution may apply to the Sabbatical Leave Committee for tuition reimbursement. The College will establish a pool of $7,000 for this purpose. Effective July 1, 2007, the pool shall be established at $9,000. Unused tuition reimbursement pool funds shall be returned to the Board.
Article VII Grievance Procedure
A. Definition of a Grievance
A grievance is a claim by one or more ACAFA members or by ACAFA, referred to as a "grievant," based upon an alleged violation, misrepresentation or misapplication of any agreement provision, or any existing rule, order or regulation of the Board, the College President or the Commission on Higher Education.
B. Procedure
If a grievant invokes this grievance procedure, the grievant shall:
1. Reduce the grievance to writing in letter form. The letter shall be mailed or delivered to the ACA Dean. The letter shall state the nature of the grievance and the remedy requested and shall be dated and signed by the grievant.
- Within seven working days from the receipt of the letter, the ACA Dean shall meet with the grievant and discuss the facts and circumstances in an effort to resolve the grievance. The ACA Dean shall provide a written disposition of the grievance within seven working days of the last meeting with the grievant. A copy of the written disposition shall be mailed or delivered to the grievant, the Dean of Labor Relations and the Chief Academic Officer.
3. If the grievant is not satisfied with the disposition of the grievance by the ACA Dean, a written appeal may be made to the Dean of Labor Relations within seven working days from the receipt of the ACA Dean’s disposition.
4. The Dean of Labor Relations shall, within seven working days from the receipt of the written appeal, meet with the grievant and discuss the facts and circumstances of the grievance in an effort to resolve the matter. The Dean of Labor Relations shall provide a written disposition of the grievance within seven working days of the last meeting with the grievant. A copy of the written disposition shall be mailed or delivered to the grievant.
5. If the grievant is not satisfied with the disposition of the grievance by the Dean of Labor Relations, a written appeal may be made to the Chief Academic Officer within seven working days from the receipt of the Dean of Labor Relations' disposition.
6. The Chief Academic Officer shall, within seven working days from the receipt of the written appeal, meet with the grievant and discuss the facts and circumstances of the grievance in an effort to resolve the matter. The Chief Academic Officer shall provide a written disposition of the grievance within seven working days of the last meeting with the grievant. A copy of the written disposition shall be mailed or delivered to the grievant.
7. If the grievant is not satisfied with the disposition of the grievance by the Chief Academic Officer, a written appeal may be made to the College President within seven working days from the receipt of the Chief Academic Officer’s written disposition to the grievance.
8. The College President shall, within seven working days from the receipt of the written appeal, meet with the grievant and discuss the facts and circumstances of the grievance in an effort to resolve the matter. The President shall provide a written disposition of the grievance within seven working days of the last meeting with the grievant. A copy of this written disposition will be mailed or delivered to the grievant.
9. If the grievant is not satisfied with the disposition of the President, the grievant, with ACAFA approval, may submit the issue to arbitration within 30 days. If the parties cannot agree on an arbitrator, one will be selected according to the rules and procedures of the Public Employment Relations Commission, whose rules shall govern the arbitration proceeding. The arbitrator shall not have the power to alter, add to or subtract from the terms of this agreement. The arbitration decision shall be binding based on the terms of this agreement.
10. The fees and expenses of the arbitrator shall be shared equally by the College and ACAFA.
11. The number of days indicated at each level should be considered a maximum and every effort should be made to expedite the process. Time limits can be extended by mutual consent.
12. All documents, communications and records dealing with a grievance shall not become part of the permanent personnel files of the participants.
13. The grievant and ACAFA shall be furnished with relevant information in the possession of the Board for the processing of any grievance.
14. A grievance must be filed within 30 days from the date on which the subject matter of the grievance occurred or 30 days from the date on which the grievant should reasonably have known of its occurrence.
15. Nothing shall be construed to limit, deny or restrict, the rights or remedies, administrative or judicial, to which any grievant may be entitled under law.
16. The College President may intervene at any time and discuss and determine the grievance without the necessity of the appeals.
17. A failure on the part of the ACA Dean, Dean of Labor Relations, Chief Academic Officer or College President, to make a written determination of the grievance, within the time allowed, shall establish a denial of the grievance.
18. No reprisals shall be taken by any of the participants in the grievance procedure by reason of participation.
19. All meetings and hearings shall be conducted in private and shall include the parties of interest and/or their designated representatives.
Article VIII Terms of Employment
A. Contracts
1. ACAFA members shall receive contracts of employment renewable each year.
2. The conferring of the initial contract carries an expectation of renewal if the ACAFA member’s performance and behavior meets predetermined standards.
3. The Board shall adhere to Just Cause for the non-renewal of an ACAFA member’s employment contract.
4. The College President shall provide the ACAFA with specific reasons for non-renewal recommendations.
5. Notices of non-renewal shall be issued to ACAFA members no later than Feb. 15.
6. ACAFA members may appeal non-renewal decisions to the Chief Academic Officer and/or the President within 30 days of the non-renewal decision.
7. All parties are entitled to have representation at meetings involving contracts.
8. If an ACAFA member resigns or retires, a 30-day notice should be given to the ACA Dean. An ACAFA member who has resigned shall be ineligible for paid sick leave beginning 30 days from the effective date of the member’s last day on the payroll. The member shall be ineligible for paid sick leave within 30 days of his/her retirement date, unless the ACAFA member has suffered a catastrophic illness, as verified, in writing, by the member’s physician.
9. Annual contracts or letters of intent shall be issued by March 15.
10. If a general reduction in force is being considered, the Board shall notify and consult with the ACAFA as soon as practical, but except in extreme emergency, not less than 210 days before the reduction is to take place for reasons of fiscal crisis and 210 days before layoffs due to a natural diminution in the number of students in a program or a reduction in programs. The Board shall discuss with the ACAFA the reasons for determining that a reduction of staff is deemed necessary.
Article IX Due Process
A. Standards and Procedures
1. Due process refers to the standards and procedures that should be followed in dealing with any adverse action brought by the College against an ACAFA member. The ACAFA President will be notified within five working days when a written disciplinary action is taken against an ACAFA member. These procedures are meant to provide fair and equitable treatment for the ACAFA member by insuring as far as possible against arbitrary, capricious or inequitable actions.
2. ACAFA members shall be given appropriate reasons and timely notice of adverse action within one week of the alleged violation if the College plans disciplinary action against the ACAFA members.
3. ACAFA members shall be provided an opportunity to have a conference with their supervisors within one day of the issuance of adverse action.
4. Except for serious breaches of discipline, the following discipline procedures shall be sequentially followed for each offense, unless of the same nature:
a. Oral warning
b. Formal written warning about the violation and required corrective action with a copy to the ACAFA member's personnel file
c. Suspension
d. Discharge
5. It will be the burden of the College to prove its charges and justify its actions through the presentation of proper, relevant and sufficient evidence.
6. The ACAFA member and/or ACAFA representatives have the right to present evidence to refute the charges.
7. If there are no reoccurrences of the offense within a 24-month period, all records of the offense shall be removed from the ACAFA member’s personnel file.
B. Just Cause
ACAFA members shall not be disciplined or reprimanded without just cause. Any such action asserted by the Board or its representative, shall be subject to the grievance procedure.
Article X Health Benefits
A. Health Insurance
The College participates in and abides by the rules and regulations of the New Jersey State Health Benefits Program. Participating in the New Jersey Health Benefits Program shall be non-contributory to the ACAFA member for all premium increases as certified by the Division of Pensions with coverage of dependents, including children up to December 31 of the year the child reaches age 23. This coverage becomes effective for new employees in accordance with the provisions of the State Health Benefits Program. For present employees, the annual enrollment period shall be in accordance with the provisions of the State Health Benefits Program.
B. Dental Coverage
The Board provides a full family co-insurance dental program with 100 percent coverage for preventive and diagnostic care; 80 percent coverage for basic services including oral surgery, endodontic, periodontic and basic restorative benefits (amalgam, synthetic, porcelain and plastic restorations for treatment or carious lesions); and 50 percent coverage for major restorative (crowns, inlays and gold restorations) and prosthodontics (bridges, partial and complete dentures) benefits with a $1,200 maximum per family member per year. A deductible amount of $75 per ACAFA member and up to $225 per family shall be applied, per calendar year, for dental care including preventive and diagnostic services.
The selection of the insurance carrier will be at the sole discretion of the Board. Coverage for new ACAFA members becomes effective in accordance with provisions of the insurance carrier’s program.
Effective Jan. 1, 2008, the maximum per family member per year shall be $1,300.
C. Prescription Plan
The State Health Benefits Plan is based on a co-pay established by the carrier. The Board will pay the premium for the ACAFA member and eligible dependents. Coverage for new ACAFA members becomes effective in accordance with provisions of the prescription program.
D. Vision Care
A vision care program is available once every two years for ACAFA members and eligible dependents. The following fee reimbursement is in effect with amounts up to:
Exam $50
Frames $50
Per lens $25
Per lens, bifocals $30
Per lens, trifocals $40
Per lens, lenticular $40
Per lens, cataract contacts $150
Per lens, contacts $ 50
Prescription tinted/sun glasses are eligible for reimbursement at the above scheduled rates. Plain sunglasses are not covered.
E. Disability Insurance
The Board will provide $50 per ACAFA member per annum to fund a disability insurance program. A committee of the Dean of Labor Relations, an ACAFA member, and a member from each of the bargaining units shall agree on the plan(s) selected.
Article XI Miscellaneous
A. Copies of Agreement
Copies of this agreement shall be reproduced by the Board and sent to the ACAFA membership.
B. Provisions Contrary to Law
If any provision or application of this agreement is found to be contrary to law, the provision or application shall be not be valid and subsisting except to the extent permitted by law. All other provisions or applications shall continue in full force and effect.
C. Ratification
This agreement is subject to ratification by the ACAFA and the Board.
D. Representation Fee
1. Under authority of N.J.S.A. 34:13A-5.4, each ACAFA member shall be required, as a condition of employment, to become a member of the ACAFA or begin and maintain representation payments equal to 85 percent of the total of regular ACAFA membership dues, initiation fees and assessments. This provision shall apply beginning on the first day of the month following three months of employment or the 30th day following the effective date of this provision, whichever is later.
2. Deductions shall be made only in accordance with the provisions of a Payroll Deduction Authorization form, with the provisions of this agreement. The Payroll Deduction Authorization form is in Appendix A of this agreement.
3. A properly executed copy of payroll deduction authorization for each ACAFA member for whom dues or representation fee are to be deducted shall be delivered to the payroll officer before payroll deductions are made. Deductions shall only be made under properly executed payroll deduction forms. If an ACAFA member refuses to authorize the deduction for representation fee, the ACAFA shall notify the College in writing.
4. Deductions under all properly executed Payroll Deduction Authorization forms are effective when the application is given to the payroll officer. Deductions begin at the first pay period after that date and each pay period thereafter if the ACAFA member has sufficient net earnings to cover the payment.
E. Contract Closure
ACAFA members must be employed full time prior to July 1, 2006 to receive the across-the-board salary increase and other benefits of the first year of this agreement. ACAFA members hired full time after Feb. 15 shall receive a pro-rated amount of the upcoming July 1 across-the-board increase.
F. Employer-Employee Committee
A joint employer-employee committee shall be advisory to the ACA Dean with membership drawn in equal numbers from both parties. The committee shall meet twice per semester and deal with problems of mutual interest and make suggestions to promote a harmonious work environment and safe working conditions for ACAFA members and the College. A Human Resources representative shall provide a written report to all parties concerning topics discussed at each meeting.
G. Distance Education
ACAFA members engaged in distance education shall be subject to the terms and conditions found in Education Association Article XVI (Copyright and Intellectual Property).
Article XII
Compensation
A. Salary Increases
ACAFA members shall receive the following base salary increases:
a. Effective July 1, 2006, members shall receive a $2,086 base salary increase.
b. Effective July 1, 2007, members shall receive a 4.0 percent base salary increase.
c. Effective July 1, 2008, members shall receive a 4.0 percent base salary increase.
d. Effective July 1, 2009, members shall receive a 4.0 percent base salary increase.
B. Starting Salary
The minimum annual salary for full-time ACAFA members shall be:
July 1, 2006 $38,776
July 1, 2007 $40,133
July 1, 2008 $41,538
July 1, 2009 $42,993
C. Overload Teaching
An ACAFA member assigned duties above and beyond his/her established 35-hour work week shall be compensated an overload rate of $29 per hour.
Effective July 1, 2007, the rate shall be $30 per hour.
Effective July 1, 2008, the rate shall be $31 per hour.
Effective July 1, 2009, the rate shall be $32 per hour.
An ACAFA member teaching a Saturday credit or non-credit teaching load above and beyond the 25-hour five-day or 28-hour four-day scheduled contact instruction week shall be compensated at 1.5 times the overload rate.
D. Professional Development
The College and the ACAFA recognize the importance of academic development on the effectiveness of teaching. To promote and encourage professional growth, each ACAFA member will have $300 per academic year to be used for scholarly activities like memberships in professional organizations, ACF certification or re-certification, scholarly publications, research, convention expenses, and materials to enhance classroom instruction. Such classroom materials shall remain property of the ACA.
Effective July 1, 2007, the amount shall be $325 per member.
Effective July 1, 2008, the amount shall be $350 per member.
Effective July 1, 2009, the amount shall be $375 per member.
E. Degree/Credentials Incentive
ACAFA members who have attained the following degrees or certifications shall receive a one-time base salary increase of $500 for each degree or certification. ACAFA members shall receive these respective one-time degree incentives one time during their employment with ACCC.
American Culinary Federation Certification Registered Dietician
Associate’s Degree Bachelor’s Degree Master’s Degree
The ACAFA member shall submit copies of diploma and transcripts to the Human Resources Department prior to payment. Degree or certification must be earned from an accredited institution. Newly hired ACAFA members shall earn this incentive, if applicable, after three months of full-time service. ACAFA members currently holding these degrees or certifications at the time of Board ratification of this agreement shall not receive retroactive payments. Payment shall be effective to date of Board ratification. Payments shall be one-time only. If an ACAFA member has attained two or more ACF certifications, associate, bachelor’s or master’s degrees, he/she shall be eligible for one payment only.
F. Longevity
ACAFA members completing 10 years of full-time employment shall earn a base salary increase of $250. This amount shall be added to the ACAFA member’s base salary prior to the first day of the next semester. ACAFA members who have surpassed 10 years of service but have yet to surpass 12 years of full-time service at the time of ratification of this agreement shall have this amount added to their base salaries at Board ratification.
ACAFA members completing 20 years of full-time employment shall earn a base salary increase of $250. This amount shall be added to the ACAFA member’s base salary prior to the first day of the next semester. ACAFA members who have surpassed 20 years of full-time service at the time of ratification of this agreement shall have this amount added to their base salaries at Board ratification. In all cases all ACAFA members shall earn each increment no more than once, retroactive to their respective full-time hire dates.
Article XIII
Reduction in Force
A. ACAFA Notification
If a general reduction in force is being considered, the Board will notify and consult with ACAFA as soon as practical, but except in extreme emergency, not less than 210 days before the reduction in force is to take place for reasons of fiscal crisis and 210 days before layoffs due to a natural diminution in the number of students in a program or a reduction in programs. The Board will discuss with ACAFA the reasons for the staff reduction. Reduction in force for ACAFA members will be according to reverse order of seniority, qualifications as determined by the certification standards of the National Chefs Association, or other comparable and unassailable compensating qualifications including teacher performance evaluations.
B. Recall
Chef educators shall be recalled in inverse order of lay off for position openings for which they are qualified. In the event that there is more than one person occupying the same slot on the recall list, the matter shall be referred to the date of the signing of the individual's contract. i.e. Earliest signed is first recalled.
C. Service Credit
An ACAFA member affected by a reduction in force shall not suffer a loss in credit for previous years of service. Upon return to the ACA, the affected ACAFA member shall return to his/her previous level of salary and seniority as if still employed by the Board during the RIF.
Article XIV Evaluation
A. General Procedures
Each ACAFA member shall be evaluated at least once per fiscal year. The evaluations will take place in either the fall or spring semesters with all evaluations being completed and submitted to the ACAFA member and the Human Resources Department before the end of the spring semester. The results of the written evaluation shall be made available to the ACAFA member within five working days of the evaluation. The ACAFA member shall return the written evaluation to the ACA Dean within 72 hours of receipt. The evaluation should be filed in the ACAFA member's personnel file in the Human Resources Department within five working days of its return to the ACA Dean.
B. Pre-Observation Conference
The evaluations shall begin with a pre-observation conference with the ACA Dean or Director of Culinary Operations. This meeting will be scheduled at least five working days before the observation to discuss a timetable for the observation and to review the instrument of evaluation that is the Academy of Culinary Arts Educator Evaluation Report.
C. Class Observation
In-class observations shall occur on an on-going basis. The formal in-class observation shall take place on the day discussed in the pre-observation meeting. In the event of a date change, an alternate day for the formal evaluation shall be scheduled within five working days of the original observation date.
D. Post Observation
A post observation conference with the ACA Dean or Director of Culinary Operations will be held within five working days of the observation to discuss the evaluation. A copy of the completed report will be given to the ACAFA member. A second copy will be sent to the Human Resources Office for placement in the ACAFA member's personnel file. The evaluation report shall be signed by the ACA Dean or Director of Culinary Operations and the ACAFA member. The signature of the ACAFA member does not establish acceptance of the evaluation. The signature indicates that the ACAFA member was provided the opportunity to review the report. The ACAFA member may also provide an addendum to the evaluation that will be attached to the form and included in the personnel file.
Article XV
Management Rights
1. The Board has the responsibility and authority to manage and direct all College operations and activities to the full extent authorized by law. The exercise of these powers, rights, duties, responsibilities and authority by the Board and the adoption of rules, regulations and policies as it deems necessary will be limited only to the specific and expressed terms of this Agreement.
2. The Board reserves sole jurisdiction and right, in compliance with the laws of the State of New Jersey and the rulings of the State Board of Higher Education, to hire, assign, promote, demote, transfer and direct ACAFA members. The Board reserves the right to take disciplinary action against ACAFA members, up to and including discharge, for just cause. The Board directs College operations and takes actions necessary to accomplish the College mission, except as specifically provided by this agreement.
Article XVI
Duration of Agreement
This Agreement shall be in effect from July 1, 2006, through June 30, 2010, unless ACAFA and the Board mutually agree in writing to an extension.
For the Board: For the ACAFA:
_____________________________ _______________________________
Chairman, President, Academy of Culinary Arts
Atlantic Cape Community College Faculty Association of Atlantic Cape
Board of Trustees Community College
_____________________________ _______________________________
President, Secretary, Academy of Culinary Arts
Atlantic Cape Community College Faculty Association
Date of Ratification: March 27, 2007Appendix A
Atlantic Cape Community College
Payroll Deduction Authorization
I,____________________________________, hereby authorize Atlantic Cape Community College to deduct from my earnings, each biweekly payroll period, the amount indicated and to remit this deduction to the appropriate organization.
Purpose of Deduction:__________ Dues________ Representation Fee
Organization: Education Association ACCCOSAP SSAACCC ACAFA
Amount of Deduction: $___________ (Under authority of NJSA 34:13A-5.4.)
The representation fee is equal to 85 percent of regular membership dues. Deduction becomes effective at the time the application is tendered to the Payroll Office with deductions effective the first pay period after that date.
Date:________________ Employee's Signature___________________________________
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