2010 - 2013 AGREEMENT
between
AVALON BOARD OF EDUCATION
and
AVALON EDUCATION ASSOCIATION
2010 - 2013 AGREEMENT
between
AVALON BOARD OF EDUCATION
and
AVALON EDUCATION ASSOCIATION TABLE OF CONTENTS PAGE NUMBER PREAMBLE 4
ARTICLE I RECOGNITION 5
ARTICLE II NEGOTIATION OF SUCCESSOR AGREEMENT 6
ARTICLE III GRIEVANCE PROCEDURE 7
ARTICLE IV TEACHER RIGHTS 10
ARTICLE V ASSOCIATION RIGHTS, PRIVILEGES & RESPONSIBILITIES 12
ARTICLE VI TEACHERS’ RESPONSIBILITIES 14
ARTICLE VII TEACHING HOURS AND TEACHING LOAD 15
ARTICLE VIII TEACHER EVALUATION 18
ARTICLE IX REIMBURSEMENT FOR TUITION COSTS 19
ARTICLE X TEACHER EMPLOYMENT 20
ARTICLE XI SALARIES AND SALARY SCHEDULES 21
SCHEDULE A- 2010-2011 22
SCHEDULE B- 2011-2012 23
SCHEDULE C- 2012-2013 24
ARTICLE XII SICK LEAVE 25
ARTICLE XIII TEMPORARY LEAVES OF ABSENCE 27
ARTICLE XIV SABBATICAL LEAVES 29
ARTICLE XVI EXTENDED LEAVES 30
ARTICLE XVI INSURANCE PROTECTION 31
ARTICLE XVII MISCELLANEOUS PROVISIONS 32
ARTICLE XVIII SHOP FEE 18.1
ARTICLE XIX DURATION OF AGREEMENT 19.1PREAMBLE
This agreement entered into this 5th day of May, 2010, by and between the Board of Education of the Borough of Avalon, Cape May County, New Jersey, hereinafter called the “Board” and the Avalon Education Association, hereinafter called the “Association”.
WITNESSETH
WHEREAS, The Board and the Association recognize and declare that providing a quality education for the students of the Avalon School District is their primary aim, and
WHEREAS, The Board has an obligation, pursuant to NJSA 34:13 A-1 et. seq., to negotiate with the Association as the representative of employees hereinafter designated with respect to the terms and conditions of employment, and
WHEREAS, the parties have reached certain understandings which they desire to confirm in this Agreement, be it
RESOLVED, in consideration of the following mutual covenants, it is hereby agreed as follows:
ARTICLE I RECOGNITION
A. Unit
The Board recognizes the Association as the exclusive and sole representative for collective negotiations concerning grievances and terms and conditions of employment for all certified teachers, nurses, librarians and child study team members whether under contract, on leave, presently employed or employed during the duration of the agreement by the Board, but excluding the Chief School Administrator, Board Secretary, substitutes, custodians, cafeteria staff, secretarial staff, transportation staff, and all supervisors within the meaning of the Act.
B. Definition of Teacher
Unless otherwise indicated, the term “Teachers” when used hereinafter in the Agreement, shall refer to all certified employees represented by the Association in the negotiating unit as above defined, and references to male teachers shall include female teachers.
ARTICLE II
NEGOTIATION OF SUCCESSOR AGREEMENT
A. Deadline Date
The parties agree to enter into collective negotiations over a successor Agreement in accordance with NJSA 34: 13A-1 et. seq., in a good-faith effort to reach agreement on all matters concerning the terms and conditions of teachers’ employment. Such negotiations shall begin in accordance with PERC rules in the calendar year preceding the calendar year in which this Agreement expires. Any Agreement so negotiated and approved by the Board and the Association shall apply to all teachers, be reduced to writing, be adopted by the Board, adopted by the Association, and signed by both parties.
B. Modification
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.
C. Judicial Relief
Nothing contained in this Agreement shall be construed to limit or restrict the Board or the Association in their rights to seek and obtain such judicial relief as they may be entitled to have in law or in equity for injunction or damages or both, in the event of a breach of contract by the Association, its members, or the Board.
D. Impasse
The Board and the Association agree that in the event an impasse is reached during negotiations that both sides will follow the procedures articulated by PERC.
ARTICLE III
GRIEVANCE PROCEDURE
A. Definitions
1. Grievance
A “grievance” is a claim by a teacher, group of teachers, or the Association, based upon the interpretation, application, or violations of this Agreement, policies or administrative decisions affecting the terms and conditions of employment of a teacher, group of teachers, or the Association.
2. Aggrieved Person
An “aggrieved person” is the person, persons, or the Association making the claim.
3. Days
The term “days” shall mean school days. School days shall include days when pupils are in attendance, any other days on which teacher attendance is required, and days on which the business office is open in the summer.
B. Purpose
The purpose of this procedure is to secure, at the lowest possible level, equitable solutions to the problems which may from time to time arise affecting teachers within the scope of this Agreement. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of the procedure.
C. Procedure
1. An aggrieved person shall institute action under the provisions hereof within ten (10) days of the occurrence complained of, or within ten (10) days after he would reasonably be expected to know of its occurrence. Failure to act within said ten (10) day period, shall be deemed to constitute an abandonment of the grievance.
2. An aggrieved person processing a grievance shall be assured freedom from restraint, interference, coercion, discrimination or reprisal
3. In the presentation of a grievance, the aggrieved person shall have the right to present his own appeal or to designate a representative or representatives of the
Association to appear with him at any step in his appeal.
4. Whenever the aggrieved person appears with a representative or representatives, the Board shall have the right to designate a representative or representatives to participate at any stage of the grievance procedure.
D. Steps
1. An aggrieved person shall first discuss his grievance with the Chief School Administrator. The Chief School Administrator shall respond to said discussion within two (2) days.
2. If the subject is not resolved to the aggrieved person’s satisfaction through Step 1, he will then submit his grievance to the Chief School Administrator within two (2) days, in writing, specifying:
a. the nature of the grievance
b. the basis of his dissatisfaction with the previous response
c. remedies sought
A decision in writing shall be rendered by the Chief School Administrator within five (5) days of said discussion.
3. If the grievance is not resolved to the aggrieved person’s satisfaction through Step 2, the aggrieved person shall submit his grievance to the Board of Education within
five (5) days, in writing, specifying:
a. the nature of the grievance
b. the results of the previous discussions
c. the basis of his dissatisfaction with the determination
d. remedies sought
A copy of the writing called for above shall be furnished to the Chief School Administrator.
4. Within ten (10) days from the receipt of the written grievance (unless a different period is mutually agreed upon), the Board shall hold a closed hearing at which all
parties concerned shall have the right to be heard.
5. Within ten (10) days of said hearing (unless a different period is mutually agreed upon), the Board shall, in writing, advise the aggrieved person and his representatives, if there are any, of their determination and shall forward a copy of said determination to the Chief School Administrator.
6. In the event the aggrieved person is dissatisfied with the determination of the Board, and if the Association feels that the grievance is meritorious, he shall have the right to request binding arbitration pursuant to the rules and regulations established by the Public Employment Relations Commission under the provisions of Chapter 123, Public Laws 1974. At that time an arbitrator will be requested from PERC.
A request for binding arbitration shall be made no later than five (5) days following the determination by the Board.
Failure to file within said time period shall constitute a bar to such arbitration unless the aggrieved person and the Board shall mutually agree upon a longer time period within which to assert such a demand.
The arbitrator shall limit himself to the issue submitted. The arbitrator cannot add to, subtract from, or modify this Agreement.
In the event of arbitration, the costs of the arbitrator’s services shall be shared by the Board and the Association, and each of the persons shall bear their own costs.
7. In the event a grievance is filed at such a 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 the aggrieved person, 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.
ARTICLE IV
TEACHER RIGHTS
A. Rights and Protection in Representation
Pursuant to NJSA 34:13A-1 et seq., the Board hereby agrees that all certified teachers, nurses, librarians, and child study team members shall have the right freely to organize, join and support the Association and its affiliates for the purpose of engaging in collective negotiations and other legal activities for mutual aid and protection. As a duly selected body exercising governmental power under the laws of the State of New Jersey, the Board undertakes and agrees that it shall not discriminate against any teacher with respect to hours, wages, or any terms or conditions of employment by reason of his membership in the Association and its affiliates, collective negotiations with the Board, or his institution of any grievance, complaint or proceeding under this Agreement or otherwise with respect to any terms or conditions of employment.
B. Statutory Savings Clause
Nothing contained herein shall be construed to deny or restrict to any teacher such rights as he may have under New Jersey School Laws or other applicable laws and regulations. The rights granted to teachers by this Agreement shall be deemed to be in addition to those provided by New Jersey School Laws or other applicable laws and regulations.
C. Just Cause Provision
No teacher shall be disciplined, reprimanded, or reduced in compensation, without just cause. Discipline shall be administered in a progressive fashion. Any such action asserted by the Board, or any agent or representative thereof, shall be subject to the grievance procedure herein set forth, provided however that nothing herein will affect the rights of the Board as defined by law.
D. Required Meetings or Hearings
Whenever any teacher is required to appear before the Chief School Administrator, Board, or any committee or member thereof concerning any matter which could adversely affect the continuation of that teacher in his office, position or employment or the salary of any increments pertaining thereto, then he shall be given prior written notice of the reasons for such meeting or interview and shall be entitled to have a representative of the Association present to advise him and represent him during such meeting or interview.
E. Personnel File
1. A teacher shall have the right, upon two days notice, to review the contents of his personnel file and to receive copies of any documents contained therein. At least once every three (3) years, a teacher shall have the right to indicate any documents or other materials in his file which he believes to be obsolete or otherwise inappropriate to retain. Said documents shall be reviewed by the Chief School Administrator or his designee. If the Chief School Administrator or his designee deems the documents to be obsolete or otherwise inappropriate to retain, the documents shall be destroyed.
2. Although the Board agrees to protect the confidentiality of personal references, academic credentials, and other similar documents, it shall not establish any separate personnel file which is not available for the teacher’s inspection.
3. Teachers shall sign the file copy of any document that is to be placed in the teacher’s personnel file, and shall have the right to respond to said document within ten (10) business days. The sole purpose of the teacher’s signature shall be to
acknowledge receipt of a copy of the document. Any document covered by Section E.2. above is excluded from this provision.
F. Criticism
Any criticism by a supervisor, administrator, or Board member of a teacher and/or his/her instruction methodology shall be made in confidence and not in the presence of students, parents or during other public gatherings.
ARTICLE V
ASSOCIATION RIGHTS, PRIVILEGES AND RESPONSIBILITIES
A. Information
The Board agrees to furnish to the Association, in response to reasonable requests from time to time any information which is available to the public at large and which the Board is not legally prohibited from disseminating. This information will be supplied at no cost to the Association.
The minutes and agenda of the regular monthly Board meeting will be furnished to the Association.
B. Exclusive Rights
The rights and privileges of the Association and its representatives as set forth in this Agreement shall be granted only to the Association as the exclusive representative of the teachers.
C. Use of the School Building
The Association and/or its representatives shall be permitted to transact official Association business on school property at reasonable times, provided that this shall not interfere with or interrupt normal school operations. Meetings shall not be held within the normal six hour and twenty minute pupil school day and shall not interrupt the normal operation of after school extra curricular activities.
D. Use of School Equipment
The Association shall pay for the cost of all materials and supplies used for organization business or any repairs directly resulting from their use of school facilities and equipment.
The Association shall be provided without cost to it, a file cabinet in the teachers’ room.
E. Association Responsibilities
1. The Association shall be responsible for providing each teacher with a copy of this Agreement.
F. Released Time for Meetings
Whenever any representative of the Association or any teacher participates during working hours in mutually scheduled negotiations, grievance proceedings, conferences or meetings, he shall suffer no loss in pay.
G. Released Time for Faculty Representative
In the event that the Chief School Administrator requests a meeting with a representative or representatives of the Association to discuss implementation of or questions arising from this Agreement, released time will be provided to the aforementioned representative or representatives.
ARTICLE VI
TEACHERS’ RESPONSIBILITIES
Monthly staff meetings shall be scheduled by October 1 and staff notified. Exceptions may be made for emergency situations.
Teacher Ethics
Once a school calendar is adopted by the Board of Education, it shall be the professional obligation of each member of the Association to abide by the terms of the approved calendar.
The Association agrees to support the School Administration in its efforts to have teacher honor their contract and act in an ethical manner in all situations and circumstances.
C. School Calendar
Once a school calendar is adopted by the Board of Education, it shall be the professional obligation of each member of the Association to abide by the terms of the approved calendar.
ARTICLE VII
TEACHING HOURS AND TEACHING LOAD
A. IN SCHOOL WORK YEAR
B. Lunch Periods
Teachers shall have a daily duty-free lunch period of same duration as student lunch period, but as close to 45 minutes as is possible.
C. In-School Work Day
The teacher in-school work day shall not exceed seven and one-quarter hours, which shall include a duty free lunch period as guaranteed in this Agreement.
D. Field Trips
Field trips shall be scheduled and implemented in accordance with the curriculum and/or the directives of the administration. For participation in field trips which extend beyond the teacher’s in-school work day. Teachers shall be compensated at the rate of thirty-five dollars ($ 35.00) per hour for all hours in excess of the in-school workday.
Teachers who accompany students on overnight trips shall be compensated at the rate of two hundred ($200.00) dollars per night. Volunteers will be sought for overnight field trips when the trip is initiated by the Board & the Administration. If no one volunteers, the Chief School Administrator will assign chaperones. The ECHO Hill Trip will be paid by a stipend listed in Schedule D.
SCHEDULE D.
Extra-Curricular Compensation
Title of Activity Compensation
| 2010-2011 | 2011-2012 | 2012-2013 |
STUDENT COUNCIL | $ 1,400.00 | $ 1,450.00 | $ 1,450.00 |
NATIONAL JUNIOR HONOR SOCIETY | 675.00 | 700.00 | 700.00 |
INSTRUMENTAL MUSIC | 900.00 | 925.00 | 925.00 |
CHOIR | 900.00 | 925.00 | 925.00 |
SCIENCE FAIR | 1,200.00 | 1,200.00 | 1,225.00 |
DETENTION MONITOR | 1,800.00 | 1,825.00 | 1,825.00 |
SUMMER & P.D. WORKSHOPS* | 35.00 per hour | 35.00 per hour | 35.00 per hour |
HOMEWORK CLUB | 1,800.00 | 1,825.00 | 1,825.00 |
YEARBOOK | 1,225.00 | 1,250.00 | 1,250.00 |
INTRAMURALS | 950.00 | 975.00 | 975.00 |
CURRICULUM REVISION/DEV. | 350.00 | 350.00 | 350.00 |
ECHO HILL STIPEND | 805.00 | 835.00 | 850.00 |
* (See mileage reimbursement 7I)
F. Curriculum Work Compensation
Teachers who are assigned to work beyond the in-school work day on curriculum revision/development will be paid as follows:
CURRICULUM REVISION/DEVELOPMENT $ 350.00
The specifications for the curriculum work will be stated at the time the work is assigned. Payment will be made after satisfactory completion of the project.
G. Professional Development Committee
Teachers who are assigned or who volunteer to work on the Professional Development Committee will be compensated with 10 credit hours per person per year.
H. Mentoring -
Mentoring positions must be posted, staff must sign up if interested. CSA will have final decision on positions.
I. Mileage reimbursement-*
Staff shall be reimbursed at the current OBM mileage rate. This applies to the following situations:
(a) Workshops and Professional Development attended by staff during the contractual calendar year.
(b) Workshops and Professional Development attended by staff during summer months.
ARTICLE VIII
TEACHER EVALUATION
A. Teachers with tenure and with non-tenure status shall be evaluated in accordance with New Jersey Administrative Code, Education Title 6, and may be revised according to the same during the life of this Agreement.
B.
1. Tenured teachers shall be evaluated as required by law. (One observation per year) Non-tenured teachers will have at least 3 observations per school year. A minimum of one (1) evaluation will be conducted in each semester of the school year.
2. The observation will be followed within five (5) workdays by a written evaluation report to the teacher. A conference between the teacher and the evaluator to discuss the evaluation shall be held.
3. The evaluator and the teacher will sign the completed written evaluation report.
4. The teacher’s signature only indicates that he/she has read the report. The teacher will be provided a copy of the report for his/her records.
5. The teacher shall have the right to submit his/her written disclaimer of such evaluation within ten (10) workdays following the conference, and such disclaimer shall be attached to each party’s copy of the evaluation report.
C. 1. Following the Annual Summary Conference the supervisor will complete the Annual Written Performance Report and give a copy to the teacher.
2. Within five (5) days the teacher and the evaluator will attend a conference where both parties will sign the report. The teacher’s signature only implies that he/she has read the report.
3. A copy of this report will be given to the teacher and a copy will be filed in the central office.
4. Within ten (10) working days after the signing of the report, the teacher has the right to append to the report additional data which has not been included by the evaluator.
ARTICLE IX
REIMBURSEMENT FOR TUITION COST
A. Tuition Costs
The Board shall reimburse a teacher for the tuition cost for credits beyond a bachelor’s degree according to the following stipulations:
1. The employee submits in writing a request with the course description.
2. The course receives prior written approval from the Chief School Administrator and final approval by the Board.
3. Reimbursement will be at the following rates:
Grade of C = 80%; Grade of B, A = 100%
4. A transcript or grade report must be submitted to the CSA and presented to the Board for approval within 90 days of the successful completion of the course.
5. Cost of reimbursement will be based upon the highest per graduate credit fee at Rowan University/Rutgers University/The Richard Stockton College of New Jersey.
6. Online courses to be reimbursed based upon the highest per graduate credit fee at Rowan University/Rutgers University/The Richard Stockton College of New Jersey. This requires approval from the Chief School Administrator.
7. An employee will be reimbursed a maximum of 9 credits per year.
8. Nine (9) credits may be exceeded if an employee receives a sabbatical for educational purposes.
9. Teachers will receive 50% reimbursement for required textbooks and materials if they are donated to the Avalon School Professional Library.
ARTICLE X
TEACHER EMPLOYMENT
A. PLACEMENT ON SALARY SCHEDULE
1. Credit for experience –
Teachers first employed in the Avalon System subsequent to the date of this agreement shall initially be given credit on the Salary Schedule for previous outside teaching in a duly accredited school in an amount which is entirely subject to negotiation between the Board and the individual teacher. This provision shall be called to the attention of any new teacher being hired in the Avalon System prior to final agreement on salary.
B. Notification of Vacancies
The school staff will be notified of any vacancy or new position for a certified person. The Chief School Administrator will notify the staff in writing of these openings stating the qualifications, the duties and the rate of compensation. Teachers who desire to apply for such positions shall submit their applications in writing to the Chief School Administrator within the time limits specified in the notice. The Chief School Administrator will acknowledge, by form letter, the receipt of all such applications. Positions will not be filled on a permanent basis until the school staff has been duly notified of these openings.
C. Notification of Contract, Salary, and Assignment
Teachers shall be notified of their contract and salary status for the ensuing year no later than May 15th. Non-tenured teachers are required to notify the Board of their intention in regard to employment by returning their signed contract to the Board Secretary by June 1.
Grade and/or special area assignment will be provided to the teachers no later than June 1st.
D. Notification
Upon employment, the Chief School Administrator shall report to the Association in writing the name, position assignment and prior experience of each new teacher.
E. Reinstatement of Teachers
In the event that a tenured teacher is released due to a decline in enrollment, budgetary constraints, or abolishment of position, said teacher, if available, shall be reinstated in compliance with State Statutes if a position is opened. ARTICLE XI
SALARIES AND SALARY SCHEDULES A. Salary Schedule
In 2010-201 each teacher currently employed in the Avalon School system shall be placed on the next consecutive step of the salary scale according to Schedule “A”.
In 2011-2012 each teacher currently employed in the Avalon School system shall be placed on the next consecutive step of the salary scale according to Schedule “B”.
In 2012-2013 each teacher currently employed in the Avalon School system shall be placed on the next consecutive step of the salary scale according to Schedule “C”.
B. Method of Payment
1. Each teacher employed on a ten (10) month basis shall be paid in twenty (20) equal semi-monthly installments.
2. Exceptions
When a pay day falls on or during a school holiday, vacation or weekend, teachers shall receive their pay checks on the last previous working day.
3. Summer Pay Plan
Each teacher may individually elect to have a specified percent of his monthly salary deducted from his pay. These funds shall be paid to the teacher or his estate on the final working day in June, or according to a schedule of payment throughout the summer as requested by the teacher, or upon death or termination of employment, if earlier.
4. Final Pay
Each teacher shall receive his final pay on his last working day in June.
5. Optional Deduction
Each teacher may individually elect to have a specified amount of his monthly salary deducted automatically from his pay to be deposited into ABCO, the Public Employees Federal Credit Union. This specified amount shall not change during the course of the school year.
SCHEDULE A: SALARY SCHEDULE 2010-2011
STEP | INDEX | 2010-2011 |
11 | 1.56 | $ 65,161 |
10 | 1.51 | 63072 |
9 | 1.45 | 60,566 |
8 | 1.39 | 58,060 |
7 | 1.33 | 55,554 |
6 | 1.27 | 53,047 |
5 | 1.21 | 50,541 |
4 | 1.16 | 48,453 |
3 | 1.11 | 46,364 |
2 | 1.05 | 43858 |
1 | 1.00 | 41,770 |
Bachelors degree plus 15 credits receives $ 1,550 over step
Bachelors degree plus 20 credits receives $ 2,000 over step
Bachelors degree plus 30 credits receives $ 2,880 over step
Masters degree receives $ 3,800 over step
Masters degree plus 15 credits receives $ 4,100 over step
Masters degree plus 20 credits receives $ 4,699 over step
Masters degree plus 30 credits receives $ 5,703 over step
Longevity
11 years completed in Avalon system..........................$ 1,750
12 years completed in Avalon system - an additional 1,750
14 years completed in Avalon system- an additional 2,000
16 years completed in Avalon system- an additional 2,500
18 years completed in Avalon system- an additional 2,500
20 years completed in Avalon system- an additional 2,500
*Maximum dollar amounts under this section will total $13,000 after 20 years of service.
SCHEDULE B: SALARY SCHEDULE 2011-2012
STEP | INDEX | 2011-2012 |
11 | 1.56 | $ 66,570 |
10 | 1.51 | 64,445 |
9 | 1.45 | 61,884 |
8 | 1.39 | 59,323 |
7 | 1.33 | 56,763 |
6 | 1.27 | 54,202 |
5 | 1.21 | 51,641 |
4 | 1.16 | 49,507 |
3 | 1.11 | 47,373 |
2 | 1.05 | 44,812 |
1 | 1.00 | 42,679 |
Bachelors degree plus 15 credits receives $ 1,585 over step
Bachelors degree plus 20 credits receives $ 2,020 over step
Bachelors degree plus 30 credits receives $ 2,900 over step
Masters degree receives $ 3,820 over step
Masters degree plus 15 credits receives $ 4,120 over step
Masters degree plus 20 credits receives $ 4,725 over step
Masters degree plus 30 credits receives $ 5,703 over step
Longevity
11 years completed in Avalon system.........................$ 1,950
12 years completed in Avalon system- an additional 2,100
14 years completed in Avalon system- an additional 2,300
16 years completed in Avalon system- an additional 2,800
18 years completed in Avalon system- an additional 2,850
20 years completed in Avalon system- an additional 3,000
*Maximum dollar amounts under this section will total $15,000 after 20 years of service.
SCHEDULE C: SALARY SCHEDULE 2012-2013
STEP | INDEX | 2012-2013 |
11 | 1.56 | $ 67,987 |
10 | 1.51 | 65,808 |
9 | 1.45 | 63.193 |
8 | 1.39 | 60,578 |
7 | 1.33 | 57,964 |
6 | 1.27 | 55,349 |
5 | 1.21 | 52,734 |
4 | 1.16 | 50,555 |
3 | 1.11 | 48,376 |
2 | 1.05 | 45,761 |
1 | 1.00 | 43,582 |
Bachelors degree plus 15 credits receives $ 1,594 over step
Bachelors degree plus 20 credits receives $ 2,050 over step
Bachelors degree plus 30 credits receives $ 2,931 over step
Masters degree receives $ 3,820 over step
Masters degree plus 15 credits receives $ 4,120 over step
Masters degree plus 20 credits receives $ 4,725 over step
Masters degree plus 30 credits receives $ 5,703 over step
Longevity
11 years completed in Avalon system.........................$ 2,400
12 years completed in Avalon system- an additional 2,600
14 years completed in Avalon system- an additional 2,850
16 years completed in Avalon system- an additional 3,150
18 years completed in Avalon system- an additional 3,400
20 years completed in Avalon system- an additional 3,600
*Maximum dollar amounts under this section will total $18,000 after 20 years of service.
ARTICLE XII
SICK LEAVE A. Accumulative
All teachers employed for a full school year shall be entitled to twelve (12) 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.
For teachers employed after the first official day of school, the total amount of said sick day entitlement (one point two days per month of employment) shall be available for utilization upon the first day of employment. An employee shall be granted one point two days of sick leave under this provision as long as he has worked at least one day during a month.
Unused sick leave days accumulated in the Avalon School system shall be accumulated from year to year with no maximum limit.
B. Notification of Accumulation
Teachers shall be given a written accounting of accumulated sick leave days no later than September 30 of each school year.
C. Credit Upon Retirement
Upon retirement a teacher shall be paid (100%) one hundred percent of the current substitute rate of pay for each accumulated day of sick leave providing the following criteria are met:
1. Eligible for a T.P.A.F. qualified retirement.
2. Sixty days advance notice of intent to retire unless
the Board agrees to shorter notification.
3. Minimum of fifteen (15) years in the district.
In the event of the death of a teacher who had declared his intention to retire, the payment shall be made to his estate.
D. The Avalon Board of Education and the Avalon Education Association have agreed to enter into a Discretionary 403b Retirement Account ..... (See current IRS instructions that apply.)
E. Credit Upon Leaving System
Upon leaving the system after at least achieving tenure and working two (2) additional months in the system and accumulating forty (40) days or more of sick leave the teacher may elect to allow these sick days to remain in his account or to be paid fifty (50%) percent of the current substitute rate of pay for each accumulated day of sick leave. If the accumulation is less than forty (40) days these accumulated sick leave days must remain in his account.
F. Payment Upon Retirement or Leaving System-
Upon departure from the system any teacher eligible for payment under Sections C. or D. above may elect one of three methods of payment:
1. Payment between July 1 and July 31 following departure.
2. Payment between January 1 and January 31 of the following year.
3. Payment of one-half (1/2) the amount due between July 1 and July 31 following departure and payment of the second half the following January.
G. Transfer of Sick Leave
Teachers who transfer into the Avalon School and who have a certified accumulation of sick leave from prior teaching in another district may be credited with such sick leave up to a maximum of twenty (20) days.
ARTICLE XIII
TEMPORARY LEAVES OF ABSENCE
Types of Leave
Teachers shall be entitled to the following temporary non-accumulative leaves of absence with full pay each school year. In addition to sick leave, leaves taken pursuant to Section A shall be in addition to any sick leave to which the teacher is entitled.
1. Personal
Up to three (3) days of personal leave which shall be for the purpose of meeting a need which cannot otherwise be met outside the regular school day. Temporary leave of absence days shall not be used to extend holidays or vacations, but shall be used for business, legal, household or family matters, or observance of religious days. The applicant for such leave shall not be required to state the reason for taking such leave other than that s/he is taking it under this section. Universal Form will be utilized.
a. All temporary leaves of absence must be approved by the administration, 48 hours in advance other than in the case of emergencies.
b. A temporary leave of absence day shall not be requested on a scheduled inservice day.
c. At the end of each school year, a teacher’s unused personal days shall be added to his/her accumulated sick leave.
2. Death
Up to five (5) days at any one time in the event of death of a teacher’s spouse, child, grandchild, son-in-law, daughter-in-law, parent, grandparents, father-in-law, mother -in-law, brother, sister, brother-in-law, sister-in-law, stepchild, foster child and any other member of the immediate household.
Five days must be used as a group, not separated out over a period of time. A single bereavement period.
In the event of the death of a teacher or student in the Avalon School District, the Chief School Administrator of said teacher or student shall grant to an appropriate number of teachers sufficient time off to attend the funeral.
3. Emergency Family Leave
Up to five (5) days per occurrence per year in the event of critical illness for a teacher’s spouse, child, parent or member of a teacher’s immediate household. Critical illness requires medical verification of necessity.
4. Good Cause
b. In Addition to Sick Leave
Leaves taken pursuant to Section A. above shall be in addition to any sick leave to which the teacher is entitled.
ARTICLE XIV
SABBATICAL LEAVES
A. Purpose
A sabbatical leave may be granted to a teacher by the Board for study, including study in another area of specialization, for travel, or for other reasons of value to the school system.
B. Conditions
Sabbatical leaves which are granted, shall be subject to the following conditions:
1. Number of teachers
The number of persons receiving sabbatical leaves in any year shall not exceed one (1) teacher.
2. Requests
Requests for sabbatical leave must be received by the Chief School Administrator in writing no later than January 1, and action must be taken by the Board on all such requests no later than February 1, of the school year preceding the school year for which the sabbatical is requested.
3. Minimum time to qualify
The teacher has completed at least five (5) full school years of service in the Avalon School District.
4. Pay
A teacher on sabbatical leave (either for one-half (1/2) of a school year or for a full school year) shall be paid by the Board at fifty (50%) percent of the salary rate which he would have received if he had remained on active duty if said leave is for study and at twenty five (25%) percent if for travel or other reason.
5. Return
Upon return from sabbatical leave, a teacher shall be placed on the salary schedule at the level which he would have achieved had he remained actively employed in the system during the period of his absence. The employee shall guarantee one (1) full year of employment upon return from sabbatical leave. Should such employee fail to return to the system upon completion of the sabbatical leave, he shall refund all compensation paid to him by the Board.
ARTICLE XV
EXTENDED LEAVES OF ABSENCE
A. Child-bearing and Child-rearing Leaves-
The Board shall grant a child-bearing leave and a child-rearing leave of up to one (1) year to any teacher upon request subject to the following stipulations and limitations. The teacher may request, and shall be granted a one-year extension.
1. Child-bearing and/or child-rearing leave shall commence on the date requested by the teacher. The teacher will give a minimum of 30 days notice for such leave. At this time the teacher will also notify the Board of the date of his/her expected date of return to service. The date of return shall be either at the conclusion of the teacher’s period of disability, in January or September, or at the beginning of the marking period.
2. Any teacher granted child-bearing leave according to the provisions of this section, may elect to utilize her accumulated sick leave during her period of disability.
3. The Board shall not remove any teacher from her duties during pregnancy unless the teacher cannot produce a certificate from a physician acceptable to the Board that she is medically able to continue teaching.
4. The Board, in accordance with NJSA 10:5-1 et. seq., the Constitutions of the State of New Jersey and of the United States shall not discriminate against any person.
5. Non-tenure teachers do not have a right to a child-rearing leave that extends beyond the length of their current contract.
B. Good Cause
Other leaves of absence without pay may be granted by the Board for good reasons.
C. Return from Leave-
All benefits to which a teacher was entitled at the time his leave of absence commenced, including place on salary schedule, unused accumulated sick leave, and credits towards sabbatical eligibility shall be restored to him upon his re-turn and he shall be assigned to the same position which he held at the time said leave commenced, if available or, if not, to a substantially equivalent position.
D. Extensions and RenewalsAll extensions or renewals of leaves shall be applied for and granted in writing.
ARTICLE XVI
INSURANCE PROTECTION
A. Full Health-Care Coverage
The Board agrees to make available full family medical and surgical benefits as listed below:
The Board will provide full family medical and surgical coverage under the PPO plan.
B. Complete Annual Coverage
For each teacher who remains in the employ of the Board for the full school year, the Board shall make payment of insurance premiums to provide insurance coverage for the full twelve month period commencing September 1st and ending August 31st. When necessary, payment of premiums in behalf of the teacher shall be made retroactively or prospectively to assure uninterrupted participation and coverage.
C. Full Dental-Care Coverage
The Board agrees to continue full family dental care benefits as is now in practice.
D. State Temporary Disability Insurance Plan
The Board will continue to contribute to the State Temporary Disability Insurance Plan.
ARTICLE XVII
MISCELLANEOUS PROVISIONS
A. Nondiscrimination
The parties agree to follow policy of not discriminating against any employee on the basis of race, color, creed, age, national origin, religion, sex, marital status, membership participation in or association with the activities of any employee organization, political affiliation, nonapplicable handicap, affectional or sexual orientation, or liability for service in the Armed Forces of the United States.
B. Savings Clause
Except as this Agreement shall otherwise provide, all terms and conditions of employment applicable on the effective date of this Agreement to employees covered by this Agreement as established by the administrative procedures and practices in force on said date, shall continue to be so applicable during the terms of this Agreement. Unless otherwise provided in this Agreement, nothing contained herein shall be interpreted and/or applied so as to eliminate, reduce nor otherwise detract from any teacher benefit existing prior to its effective date.
C. Separability
If any provision of this Agreement or any application of this Agreement to any employee or group of employees is held to be contrary to law, then such provision or application shall not be deemed valid and subsisting, except to the extent permitted by law, but other provisions or application shall continue in full force and effect.
D. Printing Agreement
Copies of the Agreement shall be reproduced, after Agreement between the Board and the Association on format, within thirty (30) days after the Agreement is signed. The Agreement shall be presented to all teachers now employed or hereafter employed.
E. Miscellaneous Instructional materials
A sum of up to $ 150.00 shall be made available to each teacher for the purpose of purchasing instructional materials. Receipts must be presented to the Board for reimbursement approval within 45 days of purchase. Not later than April 15th.
ARTICLE XVIII
SHOP FEE
Purpose of Fee
If an employee does not become a member of the Association during any membership year (i.e., September 1 to August 31) which is covered in whole or in part by this Agreement, said employee will be required to pay a representation fee to the employee’s per capita cost of services rendered by the Association as majority representative.
Amount of Fee/Notification – At the onset of each membership year, the Association will notify the Board in writing of the amount of the regular membership dues, initiation fees, and assessments charged by the Association to its own members for that membership year. The representation fee to be paid by nonmembers/fee-payers will be determined by an impartial arbitrator in accordance with the law.
Deduction and Transmission of Fee
Notification – On or about September 1 of each membership year, the Board will submit to the Association a list of all employees in the bargaining unit. On or about November 1st of each year, the Association shall provide the Board with the names of those employees who are required to pay the representation fee.
Payroll Deduction Schedule – The Board will deduct from the salaries of the employees referred to in Section XI the full amount of the yearly representation fee in equal installments beginning with the first paycheck in February.
Mechanics – Except as otherwise provided in this Article, the mechanics for the transmission of such fees to the Association will, as nearly as possible, be the same as those used for the transmission of regular membership dues to the Association.
Changes – The Association will notify the Board in writing of any changes in the list provided for in Paragraph Two above, and/or the amount of the representation fee, and such changes will be reflected in any deductions made more than an agreed upon period of time after the Board received said notice.
New Employees – On or about the last day of each month, the Board will submit to the Association a list of all employees who began their employment in a bargaining unit position during the preceding 30 day period. The list will include names, Social Security numbers, job titles, dates of employment, and places of assignment for all such employees. The Board will also notify the Association of any change in the status of an employee regarding transfer, leave of absence, return from leave, retirement, resignation, separation from employment, or death.
SECTION XIX
DURATION OF AGREEMENT
This Agreement shall be effective as of July 1, 2010 and shall continue in full force and effect until June 30, 2013.
In witness whereof the parties hereto have caused this Agreement to be signed by their respective presidents, attested by their respective secretaries, and their corporate seals to be placed hereon, all on the day and year first above written. May 5, 2010
AVALON EDUCATION ASSOCIATION AVALON BOARD OF EDUCATION
By__________________________ By_______________________
Mrs. Catherine Krause Mrs. Lynn Schwartz
President President
By__________________________ By_______________________
Mrs. Mary Beth Ross Mr. Henry Bermann
Secretary Secretary
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