ARTICLE		PAGE NUMBER
1	Recognition	1
2	Negotiation Procedure	1
3	Grievance Procedure	2
4	Rights of the Parties	6
5	Work Year/Vacation	7
6	Daily Work Hours	8
7	Insurance Protection	9
8	Overtime, Call-Back Time and Upgrade	11
9	Deduction from Salary	12
10	Sick Leave and Temporary Leaves of Absence	13
11	Promotions, Vacancies, New Positions and Substitutes	14
12	Personal Freedom	15
13	Employee Evaluation	15
14	Protection of Employees and Property	16
15	Transfers and Reassignment	17
16	Secretaries-Administration Liaison Committee	17
17	Longevity	18
18	Training Level Recognition	18
19	Seniority	19
20	Maternity and Child Rearing Leave	20
21	Salaries	21
22	Miscellaneous Provisions	21
23	Duration of Agreement	23
Addendum	Section 125 Addendum	24
Schedule 1	Salary Guide - 2007-2008	26
Schedule 2	Salary Guide - 2008-2009	27
Schedule 3	Salary Guide - 2009-2010	28

Administrative Secretary (Level 1A)
Accounting Assistant (Level 1A)
Business Assistant (Level 1A)
Head Secretary Secondary (Level 1A)
Elementary Secretary/Secretary (Level 1)
Secretary (Level 2)
Secretary (Level 3)

But excluding: All other personnel of the school district not specifically enumerated in the inclusion set forth above and under 1:3 below. However, all unit disputes regarding newly created positions may be referred to PERC for a unit determination.

2:4 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.

a. The nature of the grievance and date occurred.
b. The specific provisions of the Agreement, Board policies or administrative decisions being grieved.
c. The results of the previous discussions.
d. His/her dissatisfaction with decisions previously rendered.
e. Relief sought.

The principal or immediate superior shall communicate his/her decision to the aggrieved and his/her representative in writing within seven (7) work days of receipt of the written grievance.

a. A grievance of a non-tenured employee which arises by reason of his/her not being re­employed, or appointment to or lack of appointment to, retention in or lack of retention in any position for which tenure is either not possible or not required.

b. No grievance shall be taken to arbitration that impinges upon the right of the Board of Education to appoint, promote, assign, involuntarily transfer, or withhold increment.

Any matter for which a method of review is provided for by law or any regulation of the State Board of Education, or the Commissioner of Education, or any matter which according to law is beyond the scope of the Board’s authority or limited by law to Board authority alone.

3:3.2 If the parties, in accordance with the rules of the Public Employment Relations Commission (PERC) are unable to determine a mutually satisfactory arbitrator from the submitted list, they shall request that a second list be submitted to the parties.

3:3.3 If the parties are unable in accordance with the rules of the Public Employment Relations Commission (PERC) to agree upon an arbitrator from the second list, then the appointing agency may be requested by letter by either party to designate an arbitrator.

3:3.4 The arbitrator so selected shall confer with the representatives of the Board and the Association, shall hold hearings promptly, and shall issue his/her decision not later than 30 work days from the date of the close of hearings.

3:3.5 The arbitrator shall limit him/herself to the issues submitted to him/her and shall consider nothing else. He/she can add nothing to nor subtract anything from the agreement between the parties.

3:3.6 The recommendations of the arbitrator shall be binding. His/her decision shall be in writing, but he/she shall be without power or authority to make any decision which requires the commission of an act prohibited by law or which is violative of the terms of this Agreement.

3:3.7 The parties shall be responsible for all costs incurred by each and only the fee and expense of the arbitrator shall be shared by each party paying one-half.

3:3.8 If a court stenographer is requested by either party, the cost will be borne by the party requesting the stenographer. However, should the party not requesting the stenographer later request transcripts pertaining to the proceeding, they will then bear the proportionate share of the original cost. Parties requesting transcripts of the proceeding shall bear the cost of said transcripts.

3:4 General Regulations

3:4.1 All appeals taken past the immediate superior of the aggrieved party must be stated in writing.

3:4.2 All time limits stated within this procedure must be strictly adhered to unless an extension is mutually agreed upon in writing by both parties.

3:4.3 Employees presenting an appeal or assisting in the presentation of an appeal are assured that no reprisals shall result because of their normal and proper participation.

3:4.4 The aggrieved party and his/her representatives shall have the right to be present at all hearings conducted at every step of the grievance procedure, following the informal step.

3:4.5 The right of an employee to attempt to resolve a grievance directly through normal administrative procedure is not to be abridged in any way.

3:4.6 There will be no suspension of a grievance procedure when schools are not in session except by mutual consent of the parties.

3:4.7 The aggrieved shall have the right to present his/her own appeal or designate representatives of the Association to appeal with him/her or for him/her at any step in his/her appeal through the level of the Superintendent. If the aggrieved does not designate a representative and the grievance has been submitted in writing, the Association shall be notified that a grievance is in process and shall have the right to be represented at all hearings pertaining to the grievance.

3:4.8 In the event that a grievance results from an action of a school official higher than the rank of principal, the grievant may set forth his/her grievance in writing to that official specifying:

a. The nature of the grievance and date occurred.
b. The specific provisions of the agreement, Board policies or administrative decisions being grieved.
c. The results of the previous discussions.
d. His/her dissatisfaction with decisions previously rendered.
e. Relief sought.

The official to whom the grievance is submitted shall render his/her decision to the secretary in writing within seven (7) work days of receipt of the written grievance, unless said official is the Superintendent of Schools; in which event, the thirty-five (35) workday answering period set forth in the Superintendent’s level shall apply. Grievances filed at the advanced level based on an action of the Board of Education shall be initiated and handled at the level of the Superintendent, if applicable.

4:3 Information: The Board agrees to make available to the Association, in response to reasonable requests from time to time, all available information concerning the educational program and the financial resources of the district that are a matter of public record. The Board shall make such information available within a reasonable amount of time following such request. The costs of all such requests shall be at no expense to the Board of Education.

4:4 The Association shall have the limited right to use certain school facilities and equipment, including typewriters, mimeograph machines, other duplicating equipment, calculating machines, and certain types of audio-visual equipment at reasonable times, when such equipment is not otherwise in use, upon approval of the appropriate administrator. The Association shall pay for the actual cost of all materials and supplies incident to such use. The Association shall be responsible for the cost of repair of any facilities or equipment used which is necessitated by their misuse or abuse.

4:5 Employees shall be notified of their appointment and salary status for the ensuing year no later than June 30.

4:6 Release Time for Meetings: Whenever, by mutual consent of the parties, any representative of the association or any secretary participates during working hours in negotiations, grievance proceedings, conferences, or meetings, he/she shall suffer no loss in pay.

4:7 Just Cause: No employee shall be disciplined, reprimanded or reduced in rank or compensation without just cause. Any such action asserted by the Board, or any agent or representative thereof, shall be subject to the grievance procedure herein set forth.

4:8 All political flyers, advertisements, or campaign endorsement literature being distributed by way of school mailboxes, shall be either folded or placed in an envelope so that no printed matter is exposed to public view.

5:3 Vacations

5:3.1 Vacations shall generally occur between one (1) week after the close of school in June and one (1) week prior to the opening of school in September or at such other times when school is not in session for students. However, with the approval of the immediate supervisor and the Superintendent or designee, a secretary may take part of his/her vacation during the school year as follows:

a. One week for secretaries entitled to two (2) or three (3) weeks.
b. Two weeks for secretaries entitled to four (4) weeks.
c. Eligibility for vacation during the school year shall not be determined solely by the number of secretaries in an office.

5:4 Vacation Eligibility – Eligibility shall be computed as of July 1.

5:4.1 All present employees shall earn vacations as per the following schedule:

1 to 5 years – 10 days

6 to 14 years – 15 days

15 to 20 years – 20 days

21 + years – 25 days

5:5 Holidays - as presented by the Board.

5:5.1 Pursuant to a schedule established by the Board of Education, not less than eighteen (18) days per year.

5:6 All years of service with the Hamilton Township Board of Education will count toward vacation credit and longevity.

Employees will be guaranteed a minimum of three (3) hours pay at the time and one- half rate if called back to duty not contiguous with their regular work day.

When a secretary is required to temporarily assume the duties of a head secretary for a period greater than one (1) week and no longer functions exclusively in the duties of his/her own level, upon the sixth day of upgrade, said secretary will begin to receive compensation retroactive to the first day when new duties were assumed commensurate with the proper guide step and level of that position. Exclusions: Assuming the duties of a person on vacation or when an absentee’s duties are distributed among several persons.

9:7 Each employee shall contribute monthly on a pre-taxed basis for benefits provided to the employee pursuant to this Agreement. The maximum annual payment per employee shall be $300.00 in year one of Agreement $350.00 in year 2 of Agreement and $400.00 in year 3 of Agreement. The Hamilton Township School Secretaries’ Association and all of its individual members waive and relinquish any and all rights or claims that it may now have or hereafter acquire against the Board arising from this co-pay provision for benefits within this Contract, whether before PERC or the contractual grievance procedure, Commissioner of Education, or any other court or administrative agency of competent jurisdiction.

All employees are entitled to three (3) personal days per year, prorated from
initial employment date.
Up to three (3) personal days not utilized during any school year shall accumulate to the employee’s unused sick leave.

14:2 The Board shall reimburse employees for the reasonable cost of any clothing or other personal property damaged or destroyed on the person of the employee as a result of an assault suffered by the employee while the employee was acting in the discharge of his/her duties.

14:3 Employees shall immediately report cases of assault suffered by them in connection with their employment to their principal or his/her designated representative.

a. The Superintendent or his/her designee must approve in advance of any course work proposed.

b. Approval shall only be granted for credits earned at an accredited post high school institution.

c. In no event shall the total cost for all such course work exceed $10,000 in any one contract year.

22:6 Nothing contained herein shall be considered to deny or restrict the Board of its rights, responsibilities, and authority under the New Jersey School Laws or any other national, state, county, district, or local laws or regulations.

22:7 Nothing in this Agreement which changes pre-existing Board Policy, rules, or regulations shall operate retroactively unless expressly so stated. The parties agree that employees shall continue to serve under the direction of the Superintendent of Schools and in accordance with Board and Administrative Policies, Rules and Regulations provided that the provisions of this Agreement shall supersede and prevail over any conflicting provisions.

22:8 Printing Agreement: Copies of this Agreement shall be printed and the expense shared by the Board and Association after agreement with the Association on format within thirty (30) days after the Agreement is signed.

22:9 Whenever any notice is required to be given by either of the parties to this Agreement to the other, pursuant to the provisions of this Agreement, either party shall do so by telegram or registered letter at the following addresses:

If by Association, to the Board at:
Hamilton Township Board of Education
Administration Building

90 Park Avenue

If by the Board, to the Association at:
Hamilton Township School Secretaries’ Association
To: the name and address on file with the Board Secretary.

1. In-Writing Requirement - A Section 125 Plan must have a separate written plan document (an internal document that the employer maintains). This plan shall be available to employees.

The following information must be included:

a.) Specific description of the benefits available as per Article 7:10.

b.) The procedures governing participants’ elections under the law. This election shall allow employees to choose between non-taxable health care coverage and taxable cash at the beginning of each plan year (July 1). This option will be limited only to payments made by the Board on behalf of its employees for health and prescription benefits. This plan shall not include a flexible spending option.

c.) Procedures whereby employees will continue current coverage unless they specifically request the cash option in writing with submission of proof of other coverage, prior to the beginning of each plan year. July 1 for a full plan year which is July 1 through June 30.

d.) Procedures by which coverage, without consideration of pre-existing conditions, will be restored within 30 days of the restoration request. Coverage will be restored only upon proof of loss of coverage. It is the employees’ responsibility to notify the Board in writing if benefits are lost for any reason.

e.) Procedures for the payment of the $1,000.00 and the $250.00 cash options. Reimbursements will be provided at the end of the fiscal year in June and will be prorated if benefits were reinstated at any time during the fiscal year.

2. Disclosure to Employees

a.) The elements of the Section 125 written plan document must be disclosed to employees. Disclosure may be in a booklet, or other suitable form, distributed to employees referred to as a summary plan description (SPD). In addition, elements may be subject to the reporting and disclosure requirements of ERISA.

b.) Under ERISA (and as a matter of common sense) information provided to participants should be “written in a manner calculated to be understood by the average plan participant...”

c.) Description of benefits and procedures as outlined above are to be followed when requesting revocation of the cash option choice in the event of loss of coverage.

3. Administrative Information

This information should include data such as:

a.) Name of the plan
b.) Name and address of employer or a representative
c.) Employer Identification Number
d.) Type of plan
e.) Start and end of the plan year
f.) Type of administration

4. Eligibility and Benefits Information

The following are the minimum requirements for eligibility and benefits information:

a.) A description of benefits available under the plan
b.) Requirements for participation and benefits

5. Loss of Benefits Information

a.) Employees must choose the cash option prior to each plan year. July 1 for a full plan year which is July 1 - June 30.
b.) Proof of other coverage must be submitted with each request for the cash option. Proof of loss of coverage must be provided before benefits can be restored prior to an open enrollment period.

6. Reporting Requirements - Reporting requirements for Section 125 plans are satisfied by completing the applicable IRS form.