i
Agreement between
The Board of Trustees
of Gloucester County College
and
The Gloucester County College
Education Administrative Association
which is affiliated with the
New Jersey Education Association
--______________________________________________
2004-2007
Effective April 1, 2004
TABLE OF CONTENTS AGREEMENT.....……………......................................................................... 2
ARTICLE I General Conditions........................................... ……….3-5
1.1 Board Recognition ................................................3
1.2 Contrary to Law........................................ ……… 4
1.3 Amendment…........................................................4
1.4 Released Time for Negotiations…………………4
1.5 Budget Information……………………. ……… 4
1.6 Selection of Negotiators………………….…….. 4
1.7 Copies of Agreement……………………………5
1.8 Continuing Consultation……………………….. 5
ARTICLE II Rights of Parties............................................................. 6 - 8
2.1 Right to Organize................................................... 6
2.2 Right to Negotiate…..............................................6
2.3 Association Business…………………................ 6
2.4 Use of Facilities and Equipment……………….. 6
2.5 Safety Committee……………………………….7
2.6 Bulletin Boards.......................................................7
2.7 Board’s Authority…................................. ……… 7
ARTICLE III Assignments and Responsibilities……………………9 - 10
3.1 Holidays………………………………............... 9
3.2 Administrator’s Working Hours…........... ……… 9
3.3 Emergency Closings……………………………9
3.4 Authorized Off Campus Assignments………….9
3.5 College Handbooks……………………………. 10
ARTICLE IV Personnel Files ...............................................................11 - 12
4.1 Personnel Files...................................................... 11
4.2…………………………………………………….11
4.3…………………………………………………… 11
4.4…………………………………………………… 11
4.5…………………………………………………… 11
4.6…………………………………………………… 12
4.7…………………………………………………… 12
ARTICLE V Dismissals and Vacancies…………………………….13
ARTICLE VI Health Insurance Benefits…………………… ……… 14 - 16
6.1 Medical Insurance.................................... ……… 14
6.2 Dental Insurance....................................................14
6.3 Insurance Carriers................................................. 15
6.4 Retiree Coverage……….………………………15
ARTICLE VII Salaries and Deductions.................................................17 - 18
7.1 Salary….................................................................17
7.2 Requests for Deductions………………………..17
7.3 Representation Fee for Non-members………….17
ARTICLE VIII Paid Leaves of Absence................................................. 19 - 21
8.1 Sick Leave…..………......................................... 19
8.2 Family Illness……………....................................19
8.3 Leave For Personal or Family Illness……………19
8.4 Bereavement …..…………...................... ……… 20
8.5 Personal Leave………………………………… 20
8.6 Education Release Time………………………..20
8.7 Sabbatical Leaves………………………………20
ARTICLE IX Unpaid Leaves of Absence............................................ 22 - 23
9.1 Family and Medical Leave................................... 22
9.2 Care for a New Born or Newly Adopted Child...22
9.3 Application for Unpaid Leave…………………22
9.4 Leave for Personal Reasons……………………23
9.5 Leave for Professional Services………….......... 23
9.6 Leave for Advanced Study……………….......... 23
9.7 Leave for Fulbright or Exchange Program…….. 23
9.8 Granting Unpaid Leave………………………… 23
9.9 Unpaid Leave Benefits………………………….23
ARTICLE X Administrator’s Privileges……………………………24 - 25
10.1 Tuition Waiver…………………………......... 24
10.2 Early Childhood Education Center……………24
10.3 Tuition Reimbursement……………………… 24
10.4 Parking……………………………………… 25
ARTICLE XI Vacation for Administrators…………………………26 - 27
11.1 Vacation………………………………………26
11.2 Vacation Schedule……………………………26
11.3 Termination Pay………………………………27
ARTICLE XII Retirement “Bonus”………………………………….28
12.1 ………………………………………………….28
12.2 …………………………………………………28
12.3 …………………………………………………28
12.4 …………………………………………………28
12.5 …………………………………………………28
12.6………………………………………………… 28
ARTICLE XIII Grievance Procedure……………………………….. 29 – 31
13.1 …………………………………………………29
13.2 Formal Grievance Procedure Form…………… 32
ARTICLE XIV Pay Adjustments for Added Duties………………… 33
14.1 …………………………………………………33
ARTICLE XV Professional Development…………………………. 34
15.1………………………………………………… 34
ARTICLE XVI Reduction in Force Procedure……………………… 35
16.1………………………………………………… 35
16.2………………………………………………… 35
16.3………………………………………………… 35
ARTICLE XVII Compensation……………………………………… 36
17.1………………………………………………….36
ARTICLE XVIII Duration of Contract……………………………….. 37
18.1………………………………………………… 37
36
Agreement
Between the Board of Trustees of Gloucester County College, operating under the provision of Public Laws of 1968, Chapter 303, and including Chapter 123, Public Laws 1974 of the State of New JerseyAnd Gloucester County College Education Administrative Association affiliated with the New Jersey Education Association.
This Agreement entered into on ________________________ by and between the Board of Trustees of Gloucester County College, (hereinafter, “Board, “College” or “Employer”), hereinafter called the Board, and the, Gloucester County College Education Association Administrative Association affiliated with the New Jersey Education Association, (hereinafter, “Administrative Association” or “Union”) hereinafter called the Administrative Association, represents a complete agreement between the parties, and provides that:
ARTICLE I
GENERAL CONDITIONS
1.1 Board Recognition
The Board hereby recognizes the New Jersey Education Association on behalf of the Administrative Association of Gloucester County College as the sole and exclusive negotiation representative for all Gloucester County College Administrators. The term “Administrator”, when used here and after in this Agreement, shall refer to all members of the designated bargaining unit, as specified by the PERC determination of November 19, 2002. This represents the titles of Administrator, Adult Basic Education, Administrator for Enrollment Development , Administrator People in Transition, Administrator Fitness/Wellness Center, Administrator of Records and Student Data, Administrator Corporate Services, Administrator Early Childhood Education Center, Administrator Publications, Administrator College Services and Administrator Student Financial Planning but excluding managerial executives, confidential employees, non-supervisory employees; craft employees, non-professional employees, police employees, casual employees, affirmative action officer, administrator of institutional research and all other employees. . When a new administrative title is created the president of the association shall be informed within five working days and the title shall be placed in the unit, unless either party shall have an objection to such placement. In the event that an informal conference between the parties fails to resolve the objection, the matter shall be submitted to the New Jersey Public Employment Relations Commission (PERC) for clarification of unit proceedings. Additionally, should the association raise an objection that unit work has been assigned to a title outside the unit, the parties shall confer for the purpose of resolving the matter, and if unsuccessful, the matter shall be submitted to PERC for clarification of unit proceedings
1.2 Contrary to Law
If any provision of this agreement or any application of the Agreement to any employee or group of employees shall be found contrary to law, then such provision or application shall be void, but all other provisions or applications of this agreement shall continue in full force and effect.
1.3 Amendment
Should the parties agree to an amendment of this Agreement, such amendment shall be reduced to writing, submitted to ratification procedures of the Board and Administrative Association and if ratified, become part of the Agreement.
1.4 Released Time for Negotiations
When mutually determined negotiating meetings are planned during the working day, two (2) members of the Bargaining Unit may be granted release time.
1.5 Budget Information
In order for the Administrative Association to represent members, the Board will make available to the Administrative Association upon written request:
(a) The number of members within the unit and their respective titles and salaries; and
(b) Other reports within the public domain.
1.6 Selection of Negotiators
Neither party in any negotiations shall have any control over the selection of the negotiating representatives of the other party. Negotiating teams at any one bargaining session are not to exceed four members. The parties mutually pledge that their representatives shall be clothed with all necessary power and authority to make and consider proposals and make counter proposals. Either party may bring in not more than two consultants for a particular item of discussion.
1.7 Copies of Agreement
Copies of this agreement shall be reproduced by the board and distributed to all members of the Administrative Association now employed or hereafter employed by the Board for the duration of this Agreement. The Board will supply ten additional copies to the Administrative Association. Bona fide candidates for employment shall be given a copy of the Agreement when the individual is given a Notice of Appointment.
1.8 Continuing Consultation
2.1 Right to Organize
Nothing contained herein shall be construed to deny or restrict the rights of members under the New Jersey Statutes Annotated, Title 18A or other applicable laws and regulations. The rights and duties set forth herein granted and duties inferred herein shall be deemed to be in addition to those provided by such statute or regulation. However, the Board retains all rights not specifically conferred upon the Administrative Association.
2.2 Right to Negotiate
Members as described in Article I have the right freely to organize, join, and support the Administrative Association for the purpose of engaging in collective negotiation and other concerted activities for mutual aid and protection.
2.3 Association Business
Duly authorized representatives of the Administrative Association shall be permitted to transact official Association business and conduct meetings on College property at reasonable times, where such business does not interfere with the operation of the College or with the performance of the members’ duties. No charge shall be made for the Association’s reasonable use of College facilities.
2.4 Use of Facilities and Equipment
The Administrative Association may use College facilities and equipment at the convenience of the President of his/her designee. No equipment shall be removed from the premises without written permission. Payment shall be made for any expendable supplies used for Administrative Association purposes, and the Administrative Association shall be liable for damage to any equipment used for said purposes. A request from the Administrative Association shall not be unreasonably denied.
2.5 Safety Committee
2.6 The Association may have a representative on the College wide Safety Committee.
2.7 Bulletin Board
The College shall make available to the Association a bulletin board for the purpose of posting official Association notices.
2.8 Board’s Authority
3.1 Holidays
The Board shall designate fourteen (14) holidays annually for full-time twelve-month employees.
3.2 Administrators’ Working Hours
(a) The usual work week for Administrators shall be 35 (thirty-five) hours over a five consecutive-day period, excluding a one-hour unpaid lunch period daily.
(b) Administrators are exempt employees and will not be required to make up any time for Board designated recess.
3.3 Emergency Closing
Administrators who are scheduled to work but directed not to report to work due to inclement weather or another emergency situation will be credited with one hour of pay for each hour that he/she is scheduled to work. Employees who are officially dismissed early due to weather or any other situation will be paid for their entire scheduled workday. All employees in active pay status shall be paid for the entire day if the college is closed for the entire day.
Emergency closing compensation will be provided unless an Act of God or a regional/national emergency beyond the control of the Board prevents the College from making these payments. It is the employee’s responsibility on days of inclement weather to check college designated information sources for college closing information.
3.4 Authorized Off-Campus Assignments
If an Administrator is required or receives approval to make a trip on College business, he or she shall be reimbursed for the most convenient and economical mode of transportation or the specified auto mileage reimbursement. If the College requests that an Association member use his/her own transportation and the unit member agrees, he or she shall be reimbursed at the prevailing IRS “standard mileage rate”. The College shall provide secondary coverage over the owner’s primary coverage and limits to a total maximum of $1,000,000. This coverage is in excess of the owner’s primary coverage and applies only when a unit member uses his/her vehicle for authorized College business.
3.5 College Handbooks
4.1 The College shall maintain a personnel file on each employee, which shall include, but not be limited to, the following:
1. Personnel information;
2. Information relating to the employee’s accomplishments submitted by the employee or placed in the file at his/her request;
3. Records generated by the College;
4. Job description; and
5. Information indicating special achievements, research, performance and contributions of an academic, professional or civic nature.
4.2 The employee may, upon request, examine the individual personnel file referred to in 4.1 and photocopy material therein, within five (5) working days of the initial request, at a time mutually convenient to the administrator in charge and the unit member.
4.3 All material requested by the College or supplied by the employee in connection with the employee’s original employment shall be maintained in a confidential pre-employment file, which shall not be available for examination by the employee.
4.4 Human Resources will be responsible for the safekeeping of the personnel files.
4.5 Unit members shall be shown disciplinary material to be placed in their file and shall acknowledge by signature having seen same. Such acknowledgement shall not necessarily indicate agreement with the material. Unit members shall have the right to respond to any material placed in the file within twenty working days after reviewing such material.
4.6 Material not in the file may not be used against the employ.
4.7 Personnel files will be available to supervisory personnel and Board members when matters of promotion, retention, discipline and performance are under discussion or for other legitimate business needs.
5.1 (a) Removal during the term of the collective bargaining agreement shall be made for just cause.
(b) Not withstanding the forgoing, employees may also be terminated during the term of the contract due to fiscal crisis, the diminution of the number of students in a program or at the institution, or a reduction of programs.
(c) Administrators wishing to terminate their employment with the College shall provide 30 days notice.
6.l Medical Insurance
Under the New Jersey State Health Benefits Program, all full time administrators who have completed their 60 day probationary period will be eligible to enroll in the provider plan of their choice at his/her appropriate level of coverage (e.g., single, couple, parent/child or family coverage). The College will administer all health and prescription drug programs in accordance with the requirements and guidelines of the State Health Benefits Commission.
6.2 Dental Insurance
Dental insurance will be provided to each unit member at his/her appropriate level of coverage (e.g., single, couple, parent/child or family coverage) through Delta Dental or a like dental provider. Should a unit member individually elect to expand or increase coverage beyond the coverage levels, then the unit member will be responsible for any additional cost of the expanded or additional coverage through an employee payroll deduction.
6.3
Insurance Carriers
The Board reserves the right to change insurance carriers and/or self-insure so long as substantially similar benefits are provided. In the event the Board decides to change insurance carriers and/or self-insure, the matter will first be discussed with representatives of the Association prior to any change, and if the Association does not agree that the benefits to be provided by the new carrier or through self-insurance are substantially similar, the Association may file for arbitration within fifteen (15) calendar days from notification by the Board of its intention to change carriers or to self-insure.
6.4 Retiree Coverage
(a) All current unit members retiring after July 1, 2003, with 15 years of service at the College and a minimum age of 62, or at any age with at least 25 years of service in the New Jersey Retirement Pension Systems, shall receive retiree benefits through the Health and Dental providers offered by the College. The employee shall be eligible to receive his/her appropriate level of coverage (e.g., single, couple, parent/child or family coverage). The retiree will be responsible for any dental co-payments for expanded services consistent with those for active employees at the time of his/her retirement.
(b) All unit members hired after the signing of this Agreement shall receive the following upon retirement:
i. Those with 15 years or more service to the College and a minimum age of 62 shall receive single health coverage as provided under the New Jersey Health Benefits Program and the equivalent of single coverage for Dental insurance. The retiree will be responsible for any dental co-payments for expanded services consistent with those for active employees at the time of his/her retirement.
ii. Those with 25 years of service under the New Jersey Retirement Pension Systems shall receive coverage at his/her appropriate level (e.g., single, couple, parent/child or family coverage) as provided under the New Jersey Health Benefits Program and the College’s coverage for Dental insurance. The retiree will be responsible for any dental co-payments for expanded services consistent with those for active employees at the time of his/her retirement.
ARTICLE VII
Administrators Salaries and Deductions
7.1 Salary
The salary of members shall be paid bi-weekly for a period of twelve months.
7.2 Requests for Deductions
Members may, by executing the proper form as provided by the Board, have automatic payroll deductions for any of the following purposes:
(a) Professional dues
(b) Dues check off authorization
(c) Government bonds
(d) Credit Association
(e) State of New Jersey pension programs
(f) Any professional insurance programs
(g) Such other as shall be mutually agreed upon by the Administrators’ Group and the Board.
7.3 Representation Fee for Non-members
(a) The Association President shall submit to Human Resources a list of names of employees covered by this contract who are not currently dues paying members. The College, in compliance with State law and this agreement, will deduct a representation fee equal to a percentage of the regular dues as certified on an annual basis by the Union, which shall be remitted to the Union in the same manner as dues. In the case of newly hired employees, deduction of representation fees will begin with the next paycheck following submission of dues check off card or, in lieu there of , with the next paycheck following a written request by the union to withhold.
(b) The Union shall maintain a demand-and-return system and shall comply with all other requirements of N.J.S.A. 34:13A-5.5 et seq. with respect to the use of representation fees and the accounting thereof.
(c) It is agreed by the parties to this Agreement that the Board shall have no other obligation or liability, financial or otherwise, (other than set forth herein) because of actions arising out of the understandings expressed in the language of this Article. It is further understood that once the funds deducted are remitted to the Association, the disposition of such funds thereafter shall be the sole and exclusive obligation and responsibility of the Association.
(d) The Association shall indemnify and save the Board (and College) harmless against any and all claims, demands, suits or other forms of liability, including reasonable legal and/or representation fees resulting from any of the provisions of this Article or in reliance on any list, notice or assignment furnished under this Article.
ARTICLE VIII
Paid Leaves of Absence
8.1 Sick Leave
Members, steadily employed by the Board of Trustees, shall be allowed sick leave with full pay for a period of 12 work days in any academic year. Up to ten days accumulated sick leave may be transferred from immediate previous educational employment. Unused sick leave shall be accumulative, to be used for additional sick leave as needed in subsequent years. The Board may require proof of illness.
8.2 Family Illness
Employees may be absent from work because of a serious illness or injury of an immediate family member (father, mother, spouse, children). Employees may also be absent due to a contagious disease among any person(s) residing in the employee’s household. Such time is to be charged against sick leave or personal time.
8.3 Use of Statutory Leave for Personal or Family Illness
Eligible Employees may elect to use or may be required to use Family Medical Leave or New Jersey Medical Leave to care for their own serious health condition or the serious health condition of eligible family members pursuant to terms and conditions of those statutes.
8.4 Bereavement
A paid bereavement leave of four (4) days maximum will be allowed for each death in the immediate family for the period covering up to seven days from the date of the death. Family shall mean: father, mother, siblings, wife, husband, children, stepchildren, grandchildren, grandparents, mother-in-law, and father-in-law.
In the event of the death of a member of the family other than those previously listed, an Association member may be entitled to one full day of paid bereavement leave to attend the funeral. The employee also may use up to three days from accrued sick leave or personal leave to support bereavement leave requirements for these other family members.
8.5 Personal Leave
Unit members may be granted two (2) days personal leave with pay for bona fide personal business that cannot be handled outside of regular working hours, such as:
(a) Real estate closing.
(b) Marriage of the unit member or a member of his/her immediate family.
(c) Graduation of a member of the immediate family.
(d) Required appearance in court wherein the employee is not party and suit with the College. Request for such leave shall be in writing not less than five (5) days in advance, except in the case of an emergency. In a personal emergency situation the employee shall notify the Supervisor as soon as possible.
8.6 Educational Release Time
The Board may grant an administrator up to two (2) days leave per week during the semester, for no more than two (2) semesters, to pursue an advanced degree. The administrator must make up the time away form the office during the semester it was granted. The decision to grant education release time rests solely with the board and is not subject to the grievance procedure of this Agreement.
8.7 Sabbatical Leaves
Administrators may be eligible for sabbatical leave after completion of seven (7) years of continuous service at the College or after seven (7) years since their last sabbatical leave at the College. Administrators may apply for sabbatical leave during the first semester of the preceding the one in which the sabbatical is requested, with the specific study or research purpose clearly stated in the application. Administrators shall submit applications to the President through the appropriate vice president. All requests for sabbatical leave shall follow the sabbatical leave guidelines (in effect April 26, 2004) and shall be evaluated in relations to the needs of the College. The President shall make his recommendation to the Board. The decision to grant sabbatical leave rests solely with the board and is not subject to the grievance procedure of this Agreement.
ARTICLE IX
Unpaid Leaves of Absence
9.1 Family and Medical Leave
Eligible employees may be entitled to unpaid leave for their own serious health condition, their serious health condition of certain close family members or to care for a newborn or newly adopted child, pursuant to the Family and Medical Leave Act and or the New Jersey Family Leave Act. Such leaves shall be granted, consistent with these statutes and with College policy. Employee benefits will continue as required by federal and/or state statute during this period.
9.2 Leave to Care for a Newborn or Newly Adopted Child
Unit members of either sex shall be granted unpaid leave of absence to run concurrently with any mandated federal or State leave for the birth or adoption of a of a child. A unit member may receive up to one (1) year of unpaid leave for the care of a newborn child under one-hundred-twenty (120) days of age at the time the leave commences (or for an adopted child less than five (5) years of age) provided that, where possible, at least sixty (60) days prior written notice is given to the College. Employee health insurance benefits will be provided during the time that an employee is covered under the provisions of the federal and state leave programs; there after, an employee may elect to purchase continuation coverage under COBRA.
9.3 Applications for Unpaid Leave
Applications for unpaid leaves of absence, other than for leave under the Family and Medical Leave Act, the New Jersey Family Leave Act or as a form of reasonable accommodation to an employee’s disability or handicap, must be made in writing not less than 90 days prior to the effective date of such leave. Notice to return must be made in writing not less than one semester prior to the date of return. The decision to grant an unpaid leave rests solely with the Board and is not subject to the grievance procedure of this Agreement.
9.4 Leaves for Personal Reasons
A leave for personal reasons of up to one year may be granted by the Board to a unit member upon mutual consent.
9.5 Leave for Professional Services
Leave to serve with the NJEA, its affiliates or an academic professional organization may be granted for one year.
9.6 Leave for Advanced Study
Leave for advanced study in the unit member’s field may be granted for one year.
9.7 Leave for Fulbright or Exchange Program
Leave for one year may be granted to any member upon application for the purpose of participating in a Fulbright or other educational exchange program.
9.8 Decision to Grant Unpaid Leave
The decision to grant an unpaid leave of absence for Personal Reasons, Professional Services, Advance Study, Fulbright or Exchange Program rests solely with the Board and is not subject to the grievance procedure of this Agreement.
9.9 Unpaid Leave Benefits
10.1 Tuition Waiver
Subject to meeting entrance requirements, each unit member, his/her spouse and children through age twenty-three (23) will be granted waiver of tuition and activity fee for Gloucester County College credit courses. These individuals also shall be eligible for a tuition waiver for non-credit courses, workshops or seminars as long as there is space available and there is no additional cost to the College as a result of the waiver. In any instance in which the agreement with a co-sponsoring organization for an offering prohibits access to courses that agreement with the co-sponsor shall govern.
10.2 Early Childhood Educational Center
Members will be granted the privilege to use the facilities of the Early Childhood Education Center for so long as it continues to exist and in conformity with the rates and rules of such facility.
10.3 Tuition Reimbursement
The Board of Trustees shall authorize payment to unit members for undergraduate and graduate study. Payment shall be made subject to the following conditions:
(a) Courses must be submitted at least ten (10) days prior to matriculation in such course(s) are subject to approval by the President or his/her designee.
(b) Reimbursement will be on a per credit basis at a rate not to exceed the Rutgers undergraduate and graduate rate and will be contingent upon the successful completion of course work with a grade “C” or better for undergraduate courses and “B” or better for graduate level courses..
(c) Unit members shall be eligible for reimbursement up to 12 credit hours per fiscal year (July 1 to June 30).
(d) Nothing herein precludes approval by the President or his/her designee of beneficial undergraduate courses.
(e) Upon the attainment of an advanced degree an administrator will receive a one time cash bonus added to the base pay for the following degrees; Bachelor - $500, Masters – $1000
(f) Administrator hired after June 3, 2004 agrees to be employed for one (1) year following the conferring of the degree, and that if the administrator leaves voluntarily before completing one (1) year of employment the administrator will reimburse the College any monies the College has invested in the administrator to obtain said degree.
10.4 Parking
11.1 Vacation
Employees shall receive eighteen (18) days of vacation for the first five (5) years of employment earned at the rate of 1.5 day per month. After six (6) full years and up to ten (10) full years of service, the employee will receive nineteen (19) working days vacation per year earned at the rate of 1.583 days per month. After eleven (11) years of full service and up to fifteen (15) full years of service, the employee will receive twenty (20) working days vacation per year earned at the rate of 1.66 days per month. After sixteen (16) full years of service the employee will receive twenty-one (21) working days vacation per year earned at the rate of 1.75 days per month. An employee may accrue and carried forward up to one year’s worth of his/her entitlement of vacation time into the next fiscal year. This time must be used by June 30 of the next fiscal year, so that no more than one year’s worth of vacation accrual is carried forward into any subsequent fiscal year. In rare instances, an employee may carry forward vacation time in excess of the one year’s allocation upon approval and at the sole and complete discretion of the President.
11.2 Vacation Schedule
A member’s preference as to the period during which he/she desires to take his/her vacation shall be given full consideration, but it is recognized that vacations must be taken at such times as are consistent with the best interests of the College.
11.3 Termination Pay
If at the time of voluntary resignation of employment an administrator has accumulated vacation time, and proper notice given, he/she shall be compensated for it up to a maximum 30 days vacation calculated as follows:Accumulated vacation time (up to 30 days) x base salary
260 (5 days x 52 weeks)
ARTICLE XII
Retirement “Bonus”
12.1 A retirement “Bonus” shall be based on the unit members accumulated sick leave at the rate of fifty percent (50%) of their current daily rate provided that the following conditions are met:
(a) The unit member has been employed actively by the college for twenty (20) years.
(b) The unit member must provide at least 12 months prior written notice of intent to retire. However, the President may, at his or her complete discretion, waive this notification requirement in the case of a life-threatening illness.
(c) The unit member retires under the New Jersey Public Employees Retirement System or employing the same standards of this system if the unit member retires under the Alternate Benefit Program.
12.2 If the years of a unit member’s active College service is less than 20 but at least 10 full years, then the retirement “bonus” shall be proportional, i.e., 11/20, 12/20, etc. to the maximum as per above.
12.3 The member may elect to defer payment of the retirement “bonus” compensation up to 12 months.
12.4 Any sick days used by a member during the term of the contract shall be on a “last in, first out” basis.
12.5 This benefit is limited to a maximum of $10,000 for all employees covered under this contract.
12.6 In cases where a unit member dies while actively employed and has provided written notification of intent to retire (under 12.b), the bonus will be paid to his/her estate.
ARTICLE XIII
Grievance Procedure
13.1 A grievance is a claim or complaint by a unit member, group of unit members or the Association hereinafter referred to as a Grievant, based upon an event which affects a condition of employment, discipline or discharge, and/or alleged violation of any provision of this Agreement or any existing rule order or regulation of the Board of Trustees. In the event that a unit member or group of unit members or the Association believes there is a basis for a grievance, it shall:
(a) Informally discuss the grievance with the appropriate supervisor
(b) If, as a result of the informal discussion a grievance is unresolved, the Grievant may invoke the formal grievance procedure on the form required, signed by the Grievant. Every formal grievance shall be filed within twenty (20) working days of the occurrence or thereafter be barred. Two (2) copies of the grievance shall be filed with the President of the College or a representative designated by the President.
(c) Within five (5) working days of the date of filing, the President of the College or his/her designee shall meet with the Grievant or his/her representative in an effort to resolve the grievance. The President of the College or his/her designee shall indicate his/her disposition of the grievance in writing within five (5) working days of said meeting.
(d) If the Grievant is not satisfied with the disposition of the grievance by the President of the college or his/her designee or if no disposition has been made within the time limits in paragraph (c) the grievance shall be transmitted within ten (10) working days to the Board of Trustees by the Grievant by filing a written copy thereof with the Secretary of said Board. The Board shall, within thirty (30) working days of the filing, either allow the grievance or form a committee and hold a hearing on the grievance. Should a hearing be held, the Association and the affected unit members shall be notified in writing no later than five working days after the hearing of the recommendation from the committee. The Board of Trustees shall publicly indicate its disposition of the grievance at its next regularly scheduled meeting after notification to the Association and the grievant. If the Association is not satisfied with the disposition of the grievance by the Board of Trustees, or if no disposition has been made within the period provided in paragraph (d), the Association may submit the grievance to arbitration within thirty (30) working days before an impartial arbitrator. If the parties cannot agree on an arbitrator, he/she shall be selected pursuant to the rules and procedure of the Public Employees Relations committee (PERC), whose rules shall likewise govern the arbitration proceeding. Neither the Board nor the Association shall be permitted to assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the other party. No more than one (1) substantive issue may be submitted to the arbitrator in a case unless otherwise agreed to in writing by both parties. The arbitrator shall submit a written decision within thirty (30) days of the hearing setting forth his findings of fact, reasoning and conclusions on the issue submitted. The arbitrator shall have no power to alter, add to or subtract from the terms of the Agreement. Both parties agree to be bound by the decision of the arbitrator.
(e) Subject to (g) infra, the fees and expenses of the arbitrator shall be shared equally by the parties.
(f) No reprisals of any kind shall be taken against any unit member for participating in any grievance. If any unit member for whom a grievance is filed, processed or sustained shall be found to have been unjustly discharged, he or she shall be restored to his/her or her former position with full reimbursement of all salary lost, and in addition the Board shall pay the entire cost of fees and expenses of the arbitrator. However, if the discharge is found to have been justified, the Association shall pay the entire cost of fees and expenses of the arbitrator.
(g) The number of days indicated at each level are to be read as working days and should be considered as maximum and every effort should be made to expedite the process. However, the time limits may be extended by mutual consent.
(h) All documents, communications and records dealing with grievances shall be filed separately from the personnel file of the participants.
(i) It is agreed that each party shall furnish the other with any information in its possession reasonably necessary for the processing of any grievance or complaint.
(j) If a unit member or a supervisor has a matter that he wishes to discuss with the other, he is free to do so without recourse to the grievance procedure.
(k) No formal grievance shall be adjusted without prior notification to the Association and an opportunity for an Association representative to be present, nor shall any adjustment or a grievance be inconsistent with the terms of this Agreement.
(m) A grievance may be withdrawn at any level.
(n) Human resources shall report all disciplinary actions taken against any bargaining unit member to the President of the Association. The name of the disciplined employee shall only be included with their written consent.
(o) Should an administrator reasonably believe that a meeting or discussion with their supervisor or other management representative(s) may be disciplinary in nature or outcome, the administrator shall be afforded their full “Weingarten Rights” to request and have present an association representative before the meeting can proceed.
13.2 Formal Grievance Procedure Form
NAME____________________________________________________
POSITION_________________________________________________
DATE OF GRIEVANCE______________________________________
DATE OF FILING___________________________________________
NATURE OF GRIEVANCE:
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
PREVIOUS ACTION, IF ANY, TAKEN BY GRIEVANT:
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
SIGNATURE___________________________________________
DATE RECEIVED BY PRESIDENT____________________________
DATE OF MEETING WITH GRIEVANT________________________
DISPOSITION:______________________________________________
DATE_________________ SIGNATURE________________________
DATE RECEIVED BY SECRETARY OF BOARD OF TRUSTEES____
DATE GRIEVANCE ALLOWED_______________________________
DATE OF HEARING_________________________________________
DISPOSITION:______________________________________________________
DATE:_______________ SIGNATURE__________________________
ARTICLE XIV
Pay Adjustments for Added Duties 14.1 In the event the duties and responsibilities of an administrator significantly change, the college will evaluate the change with the president of the association or designee to determine if a salary adjustment is warranted. The College representative shall be the area Vice President and the Vice President Human Resources.
ARTICL XV
PROFESSIONAL DEVELOPMENT
15.1 Members of the Association shall have the right to apply through their supervisor for attendance at job- related professional association annual conferences, workshops, seminars or other training conferences, subject to prior approval by the President. The College will not require the use of any vacation or leave time to attend these job–related conferences. Meals will be reimbursed in accordance with Board policy.
ARTICLE XVI
ADMINISTRATIVE ASSOCIATION REDUCTION IN FORCE (RIF) PROCEDURES
16.1 Reduction in Force may be used by the College when it becomes necessary to reduce the number of administrative employees of the College due to a fiscal crisis, a natural diminution in the number of students in a program or at the institution or a reduction of programs.
16.2 Upon the Board’s determining the areas that may be affected by the layoff; it shall give notice to all individuals subject to the proposed layoff two weeks before the formal Board action on said layoffs. After formal board action on said layoff, the board of Trustees shall notify each employee who is to be laid off of such fact 90 days before the date of layoff for
16.3 Appeal of any reduction in force decision may be made through the grievance process of this Agreement, except that the Board of Trustees shall act as the Arbitrator in the final and binding step.
ARTICLE XVII
COMPENSATION
17.1 Effective April 1, 2004, a market adjustment utilizing a pool of $6,000 is to be distributed among the appropriate administrators as mutually agreed to by the parties
All administrators on the payroll as of June 30, 2003 shall receive an increase in their base salary of 3%. Each unit member shall receive the following base salary increases:
July 1, 2004 – June 30, 2005 4%
July 1, 2005 – June 30, 2006 4%
July 1, 2006 – June 30, 2007 4%
Title Minimum Midpoint Maximum
Administrator 40,000 52,500 $65,000
ARTICLE XVIII
DURATION OF AGREEMENT
18.1 This agreement shall be effective starting April 1, 2004 through June 30, 2007 subject to the following:
(a) During the month of October 2006 either party may notify the other in writing of its desire to terminate, modify or supplement this agreement. Within thirty (30) days of such notice, the duly authorized representatives designated by the parties will meet to commence such negotiations.
(b) This agreement incorporates the entire understanding of the parties on all matters which were or could have been the subject of negotiation. Except as specified, neither party shall be required to negotiate with respect to any such matter whether or not covered by this Agreement and whether or not within the knowledge or contemplation of either or both of the parties at the time they negotiated or executed this Agreement.
BOARD OF TRUSTEES GCC Administrative Association
by_________________________ by____________________________
Chairperson, Board of Trustees NJEA Representative
by___________________________ by______________________________
Secretary, Board of Trustees President, GCCAA
DATED________________________ by______________________________ |