HYPERLINK \l "_Toc172362437" ARTICLE II - NEGOTIATION PROCEDURE PAGEREF _Toc172362437 \h 1

HYPERLINK \l "_Toc172362438" ARTICLE III - INDIVIDUAL AND ASSOCIATION RIGHTS AND RESPONSIBILITIES PAGEREF _Toc172362438 \h 3

HYPERLINK \l "_Toc172362439" ARTICLE IV - CONDITIONS OF EMPLOYMENT PAGEREF _Toc172362439 \h 4

HYPERLINK \l "_Toc172362440" ARTICLE V - ADMINISTRATOR’S BENEFITS PAGEREF _Toc172362440 \h 6

HYPERLINK \l "_Toc172362441" ARTICLE VI - SALARY PLACEMENT & SALARY INCREASES PAGEREF _Toc172362441 \h 12

HYPERLINK \l "_Toc172362442" ARTICLE VII - PROFESSIONAL DEVELOPMENT PAGEREF _Toc172362442 \h 15

HYPERLINK \l "_Toc172362443" ARTICLE VIII - UNIT MEMBER EVALUATION PAGEREF _Toc172362443 \h 16

HYPERLINK \l "_Toc172362444" ARTICLE IX - REDUCTION IN PROFESSIONAL STAFF PAGEREF _Toc172362444 \h 17

HYPERLINK \l "_Toc172362445" ARTICLE X - INDIVIDUAL ANNUAL CONTRACTS PAGEREF _Toc172362445 \h 17

HYPERLINK \l "_Toc172362446" ARTICLE XI - GRIEVANCE PROCEDURE PAGEREF _Toc172362446 \h 17

HYPERLINK \l "_Toc172362447" ARTICLE XII - THE BOARD OF TRUSTEES' RIGHTS PAGEREF _Toc172362447 \h 21

HYPERLINK \l "_Toc172362448" ARTICLE XIII - MISCELLANEOUS PAGEREF _Toc172362448 \h 22

HYPERLINK \l "_Toc172362449" ARTICLE XIV - DURATION OF AGREEMENT PAGEREF _Toc172362449 \h 23

Titles reporting to another unit member are excluded from the unit.

In the event anyone excluded is assigned secondary duties which may be in the included category, they shall, however, remain excluded from the negotiation unit.

The Association shall supply at its own cost all materials, stationary, and other supplies required for use in carrying on the administrative, financial, or operative functions of the Association, except as herein provided.

With prior approval of the President or a designee, the Associations' duly authorized representatives or members employed by the Board may be permitted use of College facilities for meeting purposes at such time and place as will not interfere with, delay, or defer any activity or function of the College.

The Association may be permitted the use of the College internal mail and telephone systems. All internal uses of mail system for official Association purposes must be identified as originating with the Association and bear the name or signature of an authorized Association representative. Postage for external mail shall be provided by the Association. All outside calls, that is, long distance calls, shall be paid for by the Association. The Association will be billed at the current rate per copy for using the copying machine in the Academic Building. A monthly statement will be forwarded to the Association based on the volume of work done during the month.

1. The College day extends from 7:00 a.m. to 10:00 p.m. on Monday through Friday, and Saturday from 8:00 a.m. to 4:00 p.m. The normal work week for unit members shall be 35 hours over a five consecutive day period, excluding a one-hour lunch period daily. The College may modify the work week or establish a new work week provided it meets and confers with the Association a reasonable time prior to implementing same.

2. It is recognized that unit members are required to perform services which may be beyond that which would normally be accomplished within the usual work week. When a unit member is given an assignment outside of his or her normal job responsibilities or beyond that which would normally be accomplished within the usual work week, compensatory time shall be granted but must be pre-approved by the appropriate supervisor. The appropriate supervisor may grant "flex time" for Saturday administration and/or adjunct faculty workshops and orientations in lieu of compensatory time.

3. Use of compensatory time will be arranged between the unit member and the appropriate supervisor and will be taken within 60 work days of the overtime worked.

1. Unit members teaching an overload with supervisor’s approval shall be paid in accordance with the rate established in the faculty contract.

2. Payment for teaching an overload shall be made at the mid-term and at the end of the semester upon receipt of the final grades.

3. Administrators shall be given the opportunity to teach available courses offered in keeping with the provisions of the faculty contract.

The Board will give full consideration to all qualified college personnel who wish to teach classes scheduled through the Professional and Community Education Division. These courses are generally offered in four modules throughout the calendar year. Instructional compensation will be solely determined by the Professional and Community Education Division based on, but not limited to, complexity of the course, qualifications of the instructor, and number of students. College personnel members must submit an application justifying their qualifications to the Professional and Community Education Division by July 1^st of each academic year to be considered for appointment.

Unit members are required to attend graduation exercises. Academic regalia, if required, shall be supplied and paid for by the Board.

Unit members may be required to attend up to six (6) days for advisement, orientation or development within the contract year.

1. Sick Leave

1. A unit member who is absent from duty because of personal illness is allowed sick time each year without deduction in pay on the following basis:

1. Although sick leave may not be credited during a leave of absence, administrators do not lose accumulated sick leave while on leave of absence.

1. Sick leave is accruable without limit. Unit members with any unused accumulated sick leave shall be entitled to receive fifty percent (50%) of the accumulated sick leave as severance pay under any of the following circumstances:

1. Death of the unit member (paid to Estate)

1. Retirement of the unit member

1. Leaving the institution in good standing after 20 years of service prior to retirement.

The severance payment shall not exceed the maximum paid by Cumberland County (currently $9000) to its employees. If the County increases its maximum payment, the increase in the College’s maximum will take effect in the fiscal year following the County’s increase. This payment shall be paid in a lump sum at the effective date of retirement, death, or leaving the College in good standing after twenty (20) years of service prior to retirement. The supplemental compensation payment to be paid hereunder shall be compensated at the rate of fifty percent (50%) of the eligible person’s daily rate of pay for each day of earned and unused accumulated sick leave based upon the average annual contracted compensation received during the last year of employment prior to the effective date of retirement, death or leaving the College in good standing after twenty (20) years of service prior to retirement.

4. Donated Leave Program. Employees may participate in a Donated Leave Program. The terms and conditions of said program shall be equivalent to the existing policy established by the County of Cumberland.

1. Vacation for Twelve-Month Employees

1. Twelve-month employees shall have twenty working days vacation per year, not including the regular employee holidays. Vacation requests must be approved by the supervisor.

1. A total of twenty-five (25) vacation days may be carried into the subsequent fiscal year. Vacation days beyond twenty-five (25) not used by the end of the fiscal year will be deducted from the unit member’s accumulated balance.

1. Seniority will be the basis for settling any conflict arising relative to employees taking vacation leave (i.e., the most senior employee in the dispute will have the first option).

1. Paid Holidays

Independence Day Day after Christmas
Labor Day New Year’s Day
Columbus Day Martin Luther King’s Birthday
Thanksgiving Day President’s Day
Day after Thanksgiving Good Friday
Day before Christmas Easter Monday
Christmas Day Memorial Day

Any holiday that falls on a day other than a normal work day will be observed on a day scheduled by the College.

1. Bereavement

Leave not to exceed five days with pay will be allowed for each death in the immediate family. Immediate family shall be interpreted to include father, mother, children, spouse, domestic partner (proof of co-habitation may be required), siblings, grandparents, parent-in-law, grandchildren, and members of the family living in the same household with the unit member. In the case of unique personal relationships, a unit member may request a maximum of three (3) days bereavement leave time.

1. Personal Leave

A maximum of five (5) personal days will be granted per year. A form must be completed and approved by the appropriate division chair or supervisor. Personal days are official only after receipt of approval from the supervisor

1. Leave of Absence

1. Advanced Study

Upon the recommendation of the President of the College, leave of absence without pay may be granted for one year by the Board of Trustees to any unit member upon application for the purposes of advanced study if, in the opinion of the President and the Board, such study shall benefit the College as well as the individual. Upon application, such leave may be extended beyond the one year limit. All such conditions shall be clearly stated in the Leave Agreement.

1. Exchange Teaching

A leave of absence for one year may be granted to any unit member by the Board of Trustees upon the recommendation of the President for the purpose of participation in exchange teaching programs in other states, territories, or countries if, in the opinion of the President and the Board, such experience shall benefit the College as well as the individual. The Board may extend such leave beyond the one year period. All such conditions shall be clearly stated in the Leave Agreement.

1. Maternity Leave

The College agrees to comply with the guidelines established by the Equal Employment Opportunity Commission with regard to P.L. 95-555, which bans discrimination in employment on the basis of pregnancy, childbirth or related conditions.

4. Military Leave

The College shall provide at least the minimum level of military leave required by law.

1. Family Leave

All provisions of the New Jersey Family Leave Act (N.J.S.A. 34:11-B-1, et seq.) And the federal Family and Medical Leave Act (29 U.S. Code Sec. 601) shall apply to unit members.

1. Professional Meetings

1. Unit members are encouraged to attend appropriate and worthwhile professional meetings.

1. To the extent possible, subject to the availability of funds as determined by the College, the College will assist in payment of expenses of attendance at professional meetings.

1. In the event that several unit members desire to attend the same meeting, any travel allowance shall be prorated among them or paid to the person(s) providing transportation, assuming five passengers to the car.

1. A written request to attend professional meetings shall be submitted to the appropriate supervisor two weeks prior to the date planned for departure for the meeting. The request should contain an estimate of the cost of attendance. The supervisor shall notify the unit member in writing of approval or lack thereof at least one week before the meeting. Expenses shall not be paid in any case where attendance has been without prior approval.

1. When requested by the College to attend professional meetings for other college business, if the unit member uses his or her personal automobile the travel expense shall be reimbursed at the county rate per mile, plus tolls and parking.

1. Sabbatical Leave

Sabbatical leave shall be granted by the Board subject to the following conditions:

1. A unit member must have completed seven (7) years of continual service with the College since beginning service, or since their last sabbatical leave.
2. The leave must be applied for at least one year in advance where possible (i.e. Unit member may apply in the seventh year), with the specific study or research purpose clearly stated in the application submitted to the Professional Development Council.
3. Sabbatical leaves may be one-half contract year or one full contract year in duration. Employees on a one-half contract year sabbatical shall receive their full regular pay for one-half year. Employees on a full contract year sabbatical shall receive one-half regular pay for a full year. Under no circumstances shall employees on sabbatical leave receive more than one-half their annual salaries for the sabbatical year.
4. Failure to follow the approved plan for sabbatical leave shall result in the unit member repaying the College for the salary and benefits received during the time of the leave.

1. Private Employment Leave

A unit member may apply for a one year leave without pay for the purpose of employment in the private or public sector in a position that is related to their subject specialties and that will benefit the College. Such leave will be contingent upon the hiring of a suitable replacement for the unit member. Arrangements for employment leave must be agreed to at least six months before the beginning of said leave.

If the unit member desires to remain covered by the College’s benefit and insurance programs, the unit member or the employing agency will reimburse the College for the unit member’s fringe benefits while the leave is in effect. The reimbursement for such benefits may be accomplished by a payroll deduction plan implemented prior to the beginning of the leave.

1. Other Leave

A unit member may apply for up to a six month leave without pay for personal reasons. Applications for Personal Leave shall be made to the President and granted by the Board of Trustees.

Applications for Personal Leave shall state the reason(s) for the leave. Denial of a request for Personal Leave shall not be subject to the Grievance Procedure of the Agreement.

If the unit member desires to remain covered by the College’s benefit and insurance programs, the unit member will reimburse the College for the unit member’s fringe benefits while the leave is in effect. The reimbursement for such benefits may be accomplished by a payroll deduction plan implemented prior to the beginning of the leave.

1. While on sabbatical or unpaid leave from the institution, the unit member is not entitled to accumulate sick leave or annual vacation leave, nor can time be charged against the unit member’s accumulated sick leave or annual vacation leave.

1. Insurance Programs

1.a. At no cost to the unit member, the Board shall provide for the unit member and eligible dependents the current New Jersey State Health Benefits Program or a plan at least equivalent to the New Jersey State Health Benefits Program.

Any contemplated change in the carrier herein specified shall be discussed with the Association prior to such change. Any contemplated change shall provide a plan at least equivalent to the current New Jersey State Health Benefits Program.

Dental benefits ($25 deductible). The Board shall provide to the unit member and eligible dependents, a three level dental plan from Horizon Blue Cross and Blue Shield of NJ or a plan at least equivalent to the aforementioned plan. Unit members shall be free to join any level during the open enrollment period each year. The amount of contribution by the Board shall not exceed the cost of the base plan.

Any contemplated change in the carrier herein specified shall be discussed with the Association prior to such change. Any contemplated change shall provide a plan at least equivalent to the aforementioned plan.

c. Optical Benefits The Board shall provide for the unit member only an optical program including eye examinations, eyeglasses, sunglasses and/or contact lenses prescribed by a licensed practitioner at a cost not to exceed $300 per year per member.

2. At no cost to the unit member, the Board shall provide for the unit member a group income protection plan at a cost not to exceed $160 per year per member. One plan shall be selected by the Association and approved by the Board, and all members of the Association shall belong to that one plan.

3. The Board shall provide for the unit member and eligible dependents a program of prescription reimbursement defined by the New Jersey State Health Benefits Program or a plan at least equivalent to the current New Jersey State Health Benefits Program.

4. Any dispute arising from a change in any plan described herein shall be subject to the grievance procedure. If arbitration is required, same shall not be advisory, but be binding upon the parties.

1. Tuition

Tuition, excluding fees, shall be waived for unit members, their spouses and dependent children, determined by the IRS Code, who are accepted for enrollment at the College, provided that the minimum enrollment of the course has been met. This does not apply to Summer Academy For Kids or Continuing Education Units (CEUs) and courses offered by Professional and Community Education unless such courses are job-related and pre-approved by the appropriate Vice President or Executive Director. To continue to receive benefits under this provision, a minimum grade point average of “C” must be maintained.

In the event of the death of the unit member, the surviving spouse and dependent unmarried children up to the age of 23 shall continue to receive the tuition remission benefit for a period of eight years following the death. This benefit terminated upon the remarriage of the spouse.

1. Professional Development

Subject to the availability of funds as determined by the College, there shall be established an annual Professional Development Fund of Five Thousand dollars ($5,000) to fund activities relating to the professional development of unit members. The maximum grant to a unit member shall be seven hundred dollars ($700). The processing of professional development proposals shall be done by a Professional Development Council. Recommendations shall be made by the President with the advice and consent of the Board of Trustees. Approval by the Board is final.

1. Salary Schedule

The salary schedule for twelve (12) month employees for the 2007-2010 fiscal years shall be as follows:



Level	Title	Minimum	Maximum
		2007-08	2008-092009-10
8	Asst Director Sr. Asst Director	$42,331	$44,151$45,979$78,141
9	Director I Sr. Director I Head Librarian I	$45,904	$47,878$50,033$84,630
10	Director II Sr. Director II Head Librarian II	$49,422	$51,547$53,867$92,677
11	Director III Sr. Director III Head Librarian III	$52,941	$55,217$57,702$97,999
12	Superintendent Sr. Superintendent	$56,622	$59,057$61,715$104,489
13	Division Chair Sr. Division Chair	$60,248	$62,839$65,667$111,109

A list of all negotiable salaries signed by the parties hereto will be filed with the President and secretary of the Administrator’s Association. Salaries for twelve (12) month employees will be paid from July 1 to June 30.

In the event a unit member is employed in a position that is less than a twelve-month position, salary minimum and maximums shall be pro-rated accordingly along with vacation leave, sick leave and personal days (rounded to the nearest whole day).

2. Unit members may be employed at a salary higher than the minimum salary for a level if qualifications are unusual. Such appointments will be made by the Board of Trustees upon the recommendation of the President.

A candidate is not automatically entitled to placement in the top level for which his/her academic and experience credits may make him/her eligible. The President may recommend employment at any level or below the top level for which the candidate’s academic and experience credits may make him/her eligible.

The Board of Trustees may appoint any professional staff member to any level or salary, on the recommendation of the President.

1. Salary Increase

The salary increase for 2007-2008 shall be 4.2%.
The salary increase for 2008-2009 shall be 4.3%.
The salary increase for 2009-2010 shall be 4.5%.

1. Unit members who will reach the maximum salary for their level after receiving a portion of the annual increase shall receive only that portion of the increase that will allow them to reach the salary maximum.

1. In the event a unit member has not reached the minimum for their level after receiving the negotiated increase, the salary will be adjusted to the minimum.

1. The above stated salary increases will be paid to each unit member employed as a unit member on June 30^th of the prior fiscal year, provided the salary maxima stated in Section A of this Article are not exceeded.

1. All increases in salary are awarded by the Board of Trustees upon the recommendation of the President (N.J.S.A. 18A:29-14).

1. Employees who have not been employed at the College for a full twelve months prior to a scheduled salary increase will receive a prorated increase based on the number of months of service. The following schedules will be utilized to determine the amount of their prorated increase in base salary:

12 Mo. Contracts Date of Hire	% of Annual Increase	12 Mo. Contracts Date of Hire	% of Annual Increase
July or September*	100%	January or March	50.00%
August or October	91.67%	February or April	41.70%
September or November	83.34%	March or May	33.34%
October or December	75.00%	April or June	25.00%
November or January	66.67%	May or July	16.67%
December or February	58.34%	June or August	8.34%


* May be hired on a July 1 to June 30 contract or a September 1 to August 30 contract.

1. Reclassification

1. If a unit member’s duties and scope of responsibilities are changed so that they assume additional responsibilities not specified in the original job description, said employee may request that the position be reviewed for reclassification. Criteria that may be utilized in determining reclassification include, but are not limited to:

1. Additional number of employees supervised;
2. Additional budget responsibilities;
3. Additional duties not in the original job description.

1. A unit member who believes that additional duties and responsibilities have been assigned may request a reclassification by forwarding a written request to the President’s office by April 30^th of each year. The request must include a recommendation from the appropriate Vice President or Executive Director.

A reclassification committee shall be appointed by the Executive Director, Human Resources to review all requests for reclassification and make a recommendation to the President.

The appropriate Vice President or Executive Director may also initiate the request for reclassification on behalf of the unit member.

1. The unit member shall be notified of the College’s decision on the reclassification following approval by the Board of Trustees in June. All reclassifications are effective for the next fiscal year.

1. The decision of the President regarding reclassification can not be grieved under the provisions of the Grievance Clause of this Agreement (Article XI).

1. Upon reclassification, the unit member will receive the minimum salary at the next level. In the event that the unit member’s salary is already at the minimum for the next level, the unit member shall receive the following reclassification adjustment, which shall be added to his or her base salary:

All $1,500

If the unit member receives less than the reclassification adjustment after receiving the adjustment to the minimum salary at the next level, they shall receive the adjustment to minimum at the next level plus the difference between the reclassification adjustment and the adjustment to minimum.

1. Unit Members will not automatically be moved into the next rank when the requirements for that rank are satisfied. Movement from one rank to another is by promotion only and all promotions shall be made in accordance with personnel policies established by the Board of Trustees.

2. Stipend

The College shall pay a one thousand five hundred dollar ($1,500) increase in salary to unit members who are awarded a promotion by the Board of Trustees.
1. Application Procedure

The initial responsibility for applying for advancement in rank rests with the individual administrator.

Applications for advancement in rank must be accompanied by documentation that the applicant meets the requirements of the next rank and that the applicant fulfills the criteria for promotion.
Applications for promotion shall be submitted to the President’s Office by March 31^st of any year in which promotions will be granted for the following contract year. If there are no promotions to be given for a particular year, no applications will be accepted. The President will notify Association members by March 15^th if no promotions are available for the following contract year. Recommendations will be taken to the Board of Trustees at the regular May meeting. Notification to unit members will be postmarked within five business days following the regular May Board of Trustees meeting.

1. Reimbursement for Additional Study

Well aware that a measure of intellectual vitality is the extent to which unit members are continuing their professional growth by pursuing additional study, the Board of Trustees, upon the recommendation of the President, will reimburse full-time unit members currently in the service of the College for approved additional study provided the following conditions are complied with.

1. Prior to enrollment in the course, the unit member will obtain approval of the President. The President will approve only those courses which are job related.

1. Upon successful completion of the approved course - “with credit” or a mark of “B” where letter grades are assigned - official evidence of grade report will be transmitted to the Office of the President of the College by the registrar of the college or university in which the course is taken. Upon receipt of the official grade report, the President will authorize reimbursement for the course at the lesser of the actual cost or up to the maximum annual limit amount per year listed below:

2007-2008: $2,500 2009-2010: $2,500 2009-2010: $2,500

The lifetime maximum payable under the above reimbursement for additional study shall be 30 credits. Any credit hours for which the unit member was compensated prior to July 1, 2007 shall not be included in determining the 30 credit maximum payable under the above compensation.

3. Unit members may receive additional reimbursement as an advance of up to $7,500 subject to 1 and 2 above. Future year’s annual limit can be applied to this advance or taken as reimbursement subject to 1 and 2 above. If employment is terminated for any reason and a unit member has an outstanding advance balance, such balance becomes immediately payable to the College. At no time can the total advanced amount to any member exceed $7,500.

Compensation will be provided for unit members who earn a related and approved degree or certification above the minimum required for their position during their employment at Cumberland County College. Unit members will obtain the approval of the President. The President will approve only those degrees or certifications which are job-related.

1. $500 for an Associate’s Degree and

$750 for a Bachelor’s Degree, and

$1,000 for a Master’s Degree, CPA, PE or for a specialty certification generally considered equivalent to a Master’s degree in effort, requiring approximately 450 hours of preparation and instruction, and

4. $2,000 for an earned doctorate.

Such amounts will be added to the base salary, after any percentage changes, in the contract year beginning the following July 1^st.

This provision is retroactive from June 30, 2007 to all current unit members date of hire. Any adjustments under 1 thru 4 above will be added to base for contracts beginning after June 30, 2007. Application for retroactive adjustments must be made to the Executive Director of Human Resources prior to December 31, 2007. Unit members whose application for retroactive adjustment are not approved may appeal the decision to the President. An appeal must be filed by the unit member within thirty (30) days of the notice of non-approval. The President will render a decision within thirty (30) days of the appeal. The President’s decision is final.

1. Purpose

A grievance procedure is established to provide an orderly and sequential process whereby unit members are able to grieve the interpretation, application, or violation of those policies, procedures, agreements or administrative decisions which affect the terms and conditions of employment.

1. Definitions

1. College, Board or Employer: Cumberland County College Board of Trustees and its authorized representatives.

1. Employee: Any individual in the bargaining unit recognized in Article I.

1. Complaint: An informal charge alleging a violation, misinterpretation, or misapplication of one or more terms of this agreement. A complaint may, but need not, constitute a grievance. A complaint may be processed through the grievance procedure in Step I.

1. Grievance: A formal charge alleging a violation, misinterpretation, or misapplication as defined in “A” above.

1. Immediate Supervisor: The person to whom a grieved employee is directly responsible under the table of organization prevailing at the College.

1. Association: Administrators Association of Cumberland County College.

1. Working Day(s): Any day that the College is in session during the fall, winter, spring or summer terms or intersession. Excluded are official College holidays, vacation days and weekends.

1. Grievant: Person filing a complaint or grievance.

1. Exclusions

1. Failure or refusal of the Board to renew the contract of an employee not under tenure.

1. Instances in which an employee granted tenure has had charges brought against them pursuant to the Tenured Employees Hearing Act (N.J.S.A. 18A:6-10, et seq).

1. Decisions of the president in exercising discretion concerning a request for any leave.

1. Decision of the President regarding position reclassification and promotion.

1. Any other matter herein expressly made non-grievable.

1. Procedures

1. Discussion with Supervisor - Step I

The complaint shall be discussed with the Supervisor within five (5) working days after the occurrence or knowledge of the occurrence.

If the person presenting the complaint is dissatisfied with the decision of the immediate supervisor, the employee has five (5) working days in which to present the complaint in writing to the supervisor requesting an informal meeting. Failure to act in presenting the written complaint and requesting the meeting within five (5) working days shall be deemed to constitute abandonment of the complaint.

After receipt of the complaint in writing, the supervisor must call a meeting to discuss the complaint within ten (10) working days. Those present at the meeting shall be:

The College shall select an appropriate representative who shall chair the grievance meeting. This representative shall not be the person whom the grieved unit member has charged with an alleged violation.

The immediate supervisor has five (5) working days to respond in writing to the complaint after the close of the informal meeting.

If the employee (grievant) is dissatisfied with the decision after the informal meeting, they have five (5) working days to file an appeal and begin the formal grievance process. This appeal should be in writing to the President.

If the aggrieved person(s) is not satisfied with the disposition of his grievance at Step II or if no decision has been rendered within five (5) working days of the close of the hearing, the aggrieved person(s) may file a grievance in writing with the President of the College within five (5) working days after the decision at Step II. The President shall render a decision within ten (10) working days of his receipt of the grievance.

If the aggrieved person(s) is not satisfied with the disposition of his grievance at Step III or if no decision has been rendered by the President within ten (10) working days of his receipt of the grievance, the aggrieved person(s) may file a grievance in writing with the Secretary of the Board of Trustees of the College within five (5) working days after the decision at Step III. The appeal will be heard at the next regularly scheduled Board meeting, provided the Board has at least five (5) working days to study the material. This means that the Trustees shall have had the material mailed to them so that it can be reasonably expected to reach them five (5) working days prior to the meeting. If this is not possible, then the hearing will be held at the next regularly scheduled Board meeting. Every reasonable effort will be made by the parties to expedite the processing of a grievance. The number of days stated shall be considered as a maximum at each step.
At the scheduled closed hearing, both the grievant and the Board may have appropriate representatives present. The grievant shall inform the Trustees of his/her representatives by name at least forty-eight (48) hours prior to the hearing.
At the conclusion of the hearing, the Board will render a decision within ten (10) working days.

The grievant may request submission of the grievance to an impartial arbitrator to the New Jersey Public Employment Relations Commission in accordance with its Rules and Procedures.. The arbitrator so selected shall be afforded access to all documents used in the prior internal steps in the grievance procedure. The arbitrator shall not have the authority to alter, change or otherwise affect the terms of this Agreement and shall address his judgment solely to the grievance presented. Neither party shall be bound by the decision of the arbitrator. The costs of the arbitrator shall be borne equally by the Association and Board, except under the circumstances described in Section E-10 of this Article. The Board of Trustees shall accept or reject the arbitrator's decision at the next regularly scheduled Board meeting.

1. The number of days indicated at each step of this grievance procedures shall be considered as maximum and reasonable efforts should be made to expedite the process. Failure to adhere to the limits set forth shall be considered an abandonment of the grievance. By mutual agreement, the parties may waive the time limits at any step. Any such waiver shall be reduced to writing.

2. No consideration will be given to any document or other material to which all parties to the grievance are not afforded access with time for response.

3. A grievance may be withdrawn at any time by the aggrieved party and such withdrawal shall constitute a waiver of further action. However, if in the judgment of the Association, the grievance affects the general welfare of the unit as a whole, the grievance may be processed as a grievance of the Association.

4. Parties named in the grievance, and faculty or administrators believed to possess information pertinent to the grievance, may be invited, but not required, to present such information at any meeting provided in the steps of this procedure.

5. All grievance meetings shall be open only to participants, their authorized representatives and to persons presenting information concerned with the processing of a grievance.

6. No reprisals shall be taken against any unit member for initiating or participating in any grievance.

7. At each step of the grievance procedure, once it has been reduced to writing, a copy of every document concerned with such processing shall be transmitted to the contract administrator of the Board of Trustees and the president of the Administrators Association for inclusion in the grievance files. A common file number shall be assigned by the parties to each grievance for purposes of control and record keeping.

8. All documents, communications, and records dealing with a grievance shall be filed separately from the personnel files of participants. Information concerning a participant's involvement in a grievance shall be considered privileged data and not subject to distribution or dissemination.

9. In the processing of a grievance, any party shall have the right to designate a representative to appear with them. Such representative must be identified to all parties to the grievance before any meeting in which they will participate.

10. In the event a complaint or grievance proceeds to advisory arbitration solely because of the College's failure to respond in a timely manner to the complaint or grievance at Step I, Step II, Step III and Step IV of the grievance procedure, the College shall bear the full cost of the arbitrator's fee.

Unless otherwise noted, where formal notice is required to be given, it shall be sufficient:

a. in the case of a unit member, if sent by mail to their last reported residential address registered in the Business Office;

b in the case of the Board, if sent by certified mail to the Board of Trustees, Cumberland County College, P.O. Box 1500, Vineland, New Jersey, 08362-1500; and,

c. in all other cases, if sent by campus or regular mails to the institutional office or regular business address of the person or party.

Where notice is required to be given by a certain date, it shall be effective if deposited in the regular mails by midnight of the day prior to the specified date. Where notice is required to be given within a certain time period, it shall be effective if deposited in the regular mails by midnight prior to the last day of such time period.

CUMBERLAND COUNTY COLLEGE

Date