ARTICLE	TITLE	PAGE NUMBER
	PREAMBLE	1
1	RECOGNITION	2
2	NEGOTIATION PROCEDURES	2
3	GRIEVANCE PROCEDURE	3-6
4	TEACHERS’ RIGHTS	7
5	ASSOCIATION RIGHTS AND PRIVILEGES	7-8
6	SCHOOL CALENDAR	8
7	SALARIES	8-9
8	TEACHER ASSIGNMENT AND TRANSFER	9
9	TEACHER EVALUATION	10
10	SICK LEAVE AND TEMPORARY LEAVES OF ABSENCE	11-12
11	EXTENDED LEAVES OF ABSENCE	12-15
12	PROTECTION OF TEACHERS, STUDENTS AND PROPERTY	16
13	BOARD RIGHTS	17
14	INSURANCE PROTECTION	17-18
15	PERSONAL AND ACADEMIC FREEDOM	18
16	EXTRA DUTY	19
17	TEACHING HOURS/TEACHING LOAD	19-20
18	PROFESSIONAL DEVELOPMENT AND EDUCATIONAL IMPROVEMENT	20-21
19	MISCELLANEOUS PROVISIONS	21
20	DURATION OF AGREEMENT	22
	SIGNATURES OF THE PARTIES	22
	APPENDIX A-1: SALARY GUIDE: 2005-2006	23
	APPENDIX A-2: SALARY GUIDE: 2006-2007	24
	APPENDIX A-3: SALARY GUIDE: 2007-2008	25

1. Grievance

“Grievance” is a claim by a teacher or the Association based upon the interpretation, application or violation of the Agreement, Board policies or Administrative decisions affecting terms and conditions of employment.

2. Aggrieved Person

An “aggrieved person” is the person or persons or the Association making the claim.

3. Party of Interest

A “party of interest” is the grievant(s) or association making the claim and any person, including the grievant(s), association, board or its agent who might be required to take action or against whom action might be taken in order to resolve the claim.

1. The purpose of this procedure is to secure, at the lowest possible level, resolution to differences concerning the rights of the parties regarding the terms and conditions of employment of teachers as will be defined by law. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of the procedure.

1. Time Limits

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

ARTICLE 3 – GRIEVANCE PROCEDURE – (CONTINUED)

2. Year-End Grievances

In the event a grievance is filed at such time that it cannot be processed through all the steps in this grievance procedure by the end of the school year, and, if left unresolved until the beginning of the following school year could result in irreparable harm to a party in interest the time limits 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.

3. Waiver of Grievances

Any grievance shall be deemed waived unless it is submitted in writing under the terms of C.4.b. below within twenty (20) school days after the aggrieved party(ies) knew or should have known of the event or conditions on which it is based.

4. Level One – Chief School Administrator

a. Any teacher or group of teachers who has a grievance shall discuss it first with the Chief School Administrator in an attempt to resolve this matter informally at that level.

b. If, as a result of the discussion, the matter is not resolved to the satisfaction of the teacher, the teacher shall, within five (5) school days of the informal discussion, set forth his grievance in writing to the Chief School Administrator. The Chief School Administrator shall communicate his decision to the teacher in writing within ten (10) school days after the Chief School Administrator’s receipt of said complaint.

5. Level Two – Board of Education

If the grievance is not resolved to the teacher’s satisfaction, he may request a review by the Board of Education within ten (10) school days after receipt of the Chief School Administrator’s communication. The request shall be submitted in writing through the Chief School Administrator who shall attach all related papers and forward the request to the Board of Education. The Board, or a committee thereof, shall review the grievance, hold a hearing with the teacher if requested, and render a decision in writing within ten (10) school days.

ARTICLE 3 – GRIEVANCE PROCEDURE – (CONTINUED)

6. Level Three - Arbitration

a. If the aggrieved teacher is not satisfied with the disposition of his grievance at Level Two, or if no decision has been rendered within ten (10) school days after the grievance was delivered to the Board of Education and the grievance alleges a violation of the terms of this Agreement, only then he may, within ten (10) school days after the decision by the Board of Education or fifteen (15) school days after the decision was delivered to the Board of Education, request in writing that the Association submit the grievance to arbitration within ten (10) school days after receipt of the request by the aggrieved person.

b. Within ten (10) school days after such written notice of submission to 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 arbitrations may be made to the American Arbitration Association by either party. The parties shall then be bound by the rules and procedures of the American Arbitration Association.

c. The arbitrator shall be without power or authority to make any decision which requires the commission of an act prohibited by law or which is in violation of the terms of this Agreement. The decision of the arbitrator shall be submitted to the Board and the Association, and shall be final and binding.

d. The cost for services of the arbitrator, including per diem expenses, if any, and actual or necessary travel, subsistence expenses and the cost of the hearing room shall be born equally by the Board and the Association.

1. Teacher and Association

Any aggrieved person may be represented at all stages of the grievance procedure by himself, or at his option, by a representative selected or approved by the Association. When a teacher is not represented by the Association, the Association shall have the right to be present and state its view at all stages of the grievance procedure.

ARTICLE 3 – GRIEVANCE PROCEDURE – (CONTINUED)

2. Reprisals

Both parties understand and agree that reprisals of any kind are not permitted and shall not be taken by the Board or any member of the administration against any party in interest, any representative, any member of the Association or any other participant in the grievance procedure by reason of such participation.

1. Group Grievances

If, in the judgment of the Association, a grievance affects a group or class of teachers, the Association may submit such grievances through all levels of the grievance procedure even though the aggrieved person does not wish to do so.

2. Written Decision

Decisions rendered at Level One which are unsatisfactory to the aggrieved person, and all decisions rendered at Levels Two and Three of the grievance procedure shall be in writing, setting forth the decision and the reasons therefore and shall be transmitted promptly to all parties in interest and the Association.
3. Separate Grievance File

All documents, communications and records dealing with the processing of a grievance shall be filed in a separate grievance file and shall not be kept in the personnel file of any of the participants.

4. Forms

Forms for filing grievances will be prepared jointly by the Chief School Administrator and the Association and given appropriate distribution so as to facilitate operation of the grievance procedure.

5. Meetings and Hearings

All meetings and hearings under this procedure shall not be conducted in public and shall include only such parties in interest and their designated or selected representative, heretofore referred to in this Article, subject to the applicable provisions of the Open Public Meetings Act.

D. The Board hereby agrees that every teacher shall have the right to freely organize, join, and support the Association and its affiliates for the purpose of engaging in collective negotiations and other concerted activities for mutual aid and protection.

B. Cape May City Education Association and its officers may use the building at any time when available and upon notification of an administrator. If an administrator is unavailable, the Association shall notify one of the school secretaries.

C. The Association shall have exclusive use of a bulletin board in the faculty lounge in the building. Copies of all materials to be posted on such bulletin board shall be subject to review by the Chief School Administrator.

D. The Association may use the school mail boxes in a reasonable manner with the permission of the Chief School Administrator.

E. Material addressed to the building representatives, by name, received in the building will be placed in their mail boxes unopened.

F. The President of the Association or his representative shall enjoy freedom to enter and leave the building on Association business at reasonable times when school is in session and if not otherwise assigned.

1. Teachers employed on a ten (10) month basis shall be paid in twenty-two (22) bi-weekly installments. Payments shall be made every other Friday.

2. Direct Deposit and Credit Union Deductions

a. All teachers shall be paid by direct deposit.

b. The Board will provide each teacher the option of having a credit union payroll deduction. This service will be provided at no cost to the teacher.

3. When pay-day falls on or during a school holiday or vacation, teachers shall receive their paychecks on the last previous working day.

4. Teachers shall receive their final checks on the last working day in June.

5. In order to be eligible to receive an increment, a teacher must have worked or been on approved paid leaves of absence under the terms of this contract at least one-half of the school year, plus one day. Days used for sick leave, personal days, sabbatical leave, and other approved paid leaves of absence shall be counted as days worked.

1. Teachers shall be given a copy of any class visitation or evaluation report no later than eight (8) school days after the class visitation. Within five (5) school days after receipt of the evaluation, teachers shall make an appointment through the school secretary to meet with the evaluator to discuss the evaluation. No teacher shall be required to sign a blank or incomplete form. A signature indicates receipt of said evaluation and not agreement with it.

2. Teaching staff members shall have the right to file a rebuttal to any evaluation within ten (10) school days, and said rebuttal shall be signed by the teacher and attached to the teacher’s evaluation in his personnel file.

3. Tenured teachers shall be observed at least once a year and non-tenured teachers at least three times a year.

1. All full-time employees shall be entitled to ten (10) sick leave days each school year as of the first official day of said school year whether or not they report for duty on that day. Unused sick leave days shall be accumulated from year to year with no maximum limit.

2. All part time employees shall be entitled to a pro-rated number of sick days.

All full-time employees shall be entitled to three (3) personal leave days within each school year, provided that a formal written request is initiated. Said request shall be approved by the Chief School Administrator, and shall have been submitted at least five (5) days prior to the date requested except in emergency. A copy of each request shall be filed with the Chief School Administrator. Except in emergency, personal leave shall not be granted at the beginning or end of the school year, or immediately prior to or after any scheduled vacation period or a school holiday. Unused personal leave days shall be added, on a yearly basis, to the teacher’s accumulative individual sick leave bank.

1. Any teacher who has served continuously in Cape May City Public School for a period of at least seven (7) years may, on the recommendation of the Chief School Administrator and the approval of the Board, be granted sabbatical leave of absence not exceeding one (1) year for the following purpose:

2. While on sabbatical leave, a teacher shall receive full salary if the sabbatical leave is for one-half year or 50% salary if the sabbatical leave is for a full year. Requests for leave of absence shall be made before January 1 of the school year previous to the school year for which leave of absence is requested and the Board shall act upon the request by April 1.

3. Teachers on sabbatical shall receive their paychecks on the same payment schedule as the rest of the teaching staff.

4. To the extent permitted by law a teacher absent on sabbatical leave shall be eligible to participate in the employee benefit programs on the same basis as a teacher not absent on leave.

5. A teacher returning from sabbatical leave shall be placed on the step of the schedule he/she would have attained had he/she remained in the school system.

6. Any teacher who has been granted a sabbatical leave shall be obligated to return to employment in the Cape May City School District for a minimum of one school year following completion of the sabbatical leave.


ARTICLE 11 – EXTENDED LEAVES OF ABSENCE - CONTINUED

7. Any teacher granted a sabbatical leave shall sign a promissory note to reimburse Cape May City Board of Education for pay received should he/she not return to work for the year following the leave. In the event the employee dies or is totally disabled as defined by TPAF, the employee or the employee’s estate shall not be obligated to reimburse the Cape May City Board of Education.

1. Due to a medical disability which is substantiated by a certificate from a medical doctor, a teacher shall be granted an extended leave of absence without pay for up to one year as may be required. If the employee has sick days on the books, he/she shall indicate the number of these accumulated sick days to be used prior to beginning their extended leave of absence. During the period of the teacher’s personal medical disability, accumulated sick leave benefits shall be paid until such benefits are exhausted or the personal medical disability has terminated. During such time of medical absence leave, the Board may, on a per case basis, continue existing health insurance and benefits for employees granted unpaid extended leaves in accordance with existing New Jersey State Guidelines.

a. The Board retains the right to place a teacher on medical leave for any one of the following reasons:

(1) Whenever the teacher’s physical condition adversely affects ability to continue to provide effective classroom instruction;

(2) The physical condition or capacity is such that the teacher’s health would be impaired if permitted to continue teaching, and if:

(i) the teacher fails to produce a certificate from a medical doctor stating that said teacher is medically able to continue teaching, or

(ii) the Board of Education’s physician and the teacher’s physician agree that said teacher cannot continue teaching, or

ARTICLE 11 – EXTENDED LEAVES OF ABSENCE - CONTINUED

(iii) following any difference of medical opinion between the Board’s physician and the teacher’s physician the Board requests expert consultation in which case (a medical society) shall appoint an impartial third physician who shall be conclusive and binding on the issue of medical capacity to continue teaching. The expense of any examination by an impartial third physician under this paragraph shall be shared equally by the teacher and the Board.

2. When the seeking of an extended leave of absence for medical disability can be anticipated, a teacher shall file a written request for such leave with the Administrator at least ninety (90) calendar days prior to the anticipated commencement date of the leave. However, in the event ninety (90) days advance notice is not possible, the teacher shall file a written request with the Administrator for such leave within seven (7) calendar days after the teacher knew of the need for the medical disability leave. Said request shall indicate the anticipated date on which the said leave is to terminate (if able to ascertain within reason). Written requests shall indicate the plans of the teacher upon termination of the medical disability leave as to their returning to work, resigning, retiring or applying for another type of leave.

The commencement date of a disability leave may be adjusted by up to thirty calendar days after consideration of the teacher’s need(s), students’ needs, and administrative feasibility. A medical disability leave’s termination date may be adjusted so that return to work coincides with a marking period break.

No tenured or non-tenured teacher shall be barred from returning to work after a medical disability leave on the grounds that not enough time has elapsed during the recovery time. Nothing contained in this paragraph shall be construed to preclude the Board from requiring any teacher to produce a certificate from a physician showing that said teacher is capable of teaching, provided that is, the Board’s physician is in disagreement, that conflict of medical opinion shall be resolved in the same manner as is set out in paragraph B-1-b-(iii), of this Article.

ARTICLE 11 – EXTENDED LEAVES OF ABSENCE - CONTINUED

A teacher shall be entitled to an unpaid leave of absence for child rearing purposes for the balance of the year in which the child is born or adopted and, if desired, for the entire following school year. Return to active employment is preferred in September of the new school year, or at any natural break in the school year, with Board approval.

A written request for such child rearing leave must be submitted to the Administrator at least ninety (90) calendar days prior to the anticipated commencement date of the unpaid leave, if possible and must include the termination date of the leave. In the event ninety (90) days prior notice is not possible, the teacher shall request such leave in writing to the Superintendent as soon as possible and shall alert the Superintendent, in writing, of the probable need for such leave.

1. Other leaves of absence without pay may be granted by the Board for good reason.

2. A teacher shall not receive increment credit for time spent on a leave pursuant to Sections C. and D. of this Article, nor shall such time count toward the fulfillment of the time requirements for acquiring tenure. Applications for leave are subject to the approval of the Chief School Administrator. All benefits to which a teacher was entitled at the time his leave of absence commenced, including unused accumulative sick leave, shall be restored to him upon his return and every effort shall be made to assign the same position which he held at the time said leave commenced. All extensions or renewals of leaves shall be applied for in writing. If the Board approves such application, the teacher shall be notified in writing.

3. The Board need not grant or extend the leave of absence of any non-tenured teacher beyond the end of the contract school year in which the leave is obtained.

4. Nothing herein contained shall be construed to require the Board to grant tenure to any non-tenured teacher who would not have been granted tenure in the absence of this provision or to offer a new contract for a new school year to any non-tenured teacher who would not have been offered such a contract in the absence of this provision.

5. The Board may, on a per case basis, continue existing health insurance and benefits for employees granted unpaid extended leaves in accordance with existing New Jersey State Guidelines.

1. Legal Assistance

The Board shall give full legal assistance for any physical assault upon the teacher while acting in the correct discharge of his duties.

2. Leave

When absence arises out of or from such assault or injury, the teacher shall be entitled to full salary less workmen’s compensation and other benefits for the period of such absence but shall not forfeit any sick leave or personal leave.

Teachers shall immediately report in writing, cases of assault suffered by them in connection with their employment to their Chief School Administrator or other immediate superior.

1. To the executive management and administrative control of the school system and its properties, and its facilities.

2. To hire and dismiss all employees and subject to the provisions of law to
determine their qualifications and to promote and transfer employees.

3. To establish policies regarding grading systems and courses of instruction,
including special programs.

4. To decide upon the selection of textbooks and other teaching materials, and the use of teaching aids of every kind and nature.

5. To determine schedules and the hours of instruction.

The Board shall provide the health care insurance protection designated below. The Board shall pay the full premium for each teacher and, in cases where appropriate, for family insurance coverage under the New Jersey State Health Benefits Plan.

The Board will provide, at no cost to the employee, a dental plan as outlined below, or comparable, for employees and their dependents, as recognized under the Delta III-A Dental Plan.

The maximum coverage for each member for 1 calendar year is $1,000.00.

Any employee hired on or after July 1, 2001, who is otherwise eligible for insurance, shall be covered by Board-paid dental insurance at the single enrollment level for the first three (3) years of employment. Any teacher who comes to the District directly from another school district and who has at least three (3) years of teaching experience at the time of hire shall be enrolled at the appropriate enrollment level at Board cost consistent with all other teachers on staff before the date of mutual ratification of the 2001-2004 Agreement notwithstanding the language contained in the foregoing sentence.

Teachers shall be entitled to full rights of citizenship, and no religious or political activities of any teacher or lack thereof shall be grounds for any discipline or discrimination with respect to the professional employment of such teachers, providing said activities do not violate any local, state or federal law.

1. Arrival and Dismissal Times

No teacher shall be required to report for duty earlier than ten (10) minutes before the opening of the pupils’ school day (6 hours, 30 minutes) and they shall be permitted to leave twenty (20) minutes after the end of the pupils’ school day, Monday through Thursday. On Fridays, or on days preceding holidays or vacations, the teachers’ day shall end five (5) minutes after the end of the pupils’ day. The days preceding the Thanksgiving, Christmas and Easter holidays will be early dismissal days.

2. The Board will guarantee a minimum of 240 minutes of preparation time per week for intermediate grade teachers only and 200 minutes of preparation time per week for all other teachers provided that specialists are available to take over their class in accordance with the schedule. In the event a specialist is unavailable the Board will make a good faith attempt to get a substitute. When a substitute is not available, compensatory time shall be granted at the discretion of the administrator.

ARTICLE 17 – TEACHING HOURS/TEACHING LOAD - CONTINUED

3. Teachers will have a forty (40) minute lunch period.

4. In order to maintain equity, teachers assigned to serve cafeteria duty shall be randomly selected to serve on a rotating basis.

Teachers who serve lunch duty shall receive their duty free lunch period of forty (40) minutes.

5. Teachers may leave the building without requesting permission during their scheduled duty-free lunch periods so long as they make their absence and return known to the main office, plus sign in and out when leaving and returning.

6. Eight (8) times per year, extended faculty meeting will be called within forty-eight (48) hours notice given with an established written agenda. Said meetings will commence at 3:05 pm and extend not later than 3:45 pm. Faculty meetings shall not be called on Fridays or any day immediately preceding a vacation unless an emergency arises.

3. Prior approval of course by Chief School Administrator is required on forms provided by the Board of Education.

4. Reimbursable Items: Tuition; books and instructional materials

In order to be eligible for reimbursement, a grade of B or better must be obtained. If only a Pass/Fail option is available to a teacher, a passing grade must be obtained. Transcripts must be submitted to the Chief School Administrator’s Office.

6. Course Level: Graduate

7. Reimbursement

Payment will be made after request in writing on form provided by the Board of Education.