4
AGREEMENT
BY AND BETWEEN
THE BOARD OF EDUCATION OF THE
BOROUGH OF OLD TAPPAN, NEW JERSEY
AND THE
OLD TAPPAN EDUCATION ASSOCIATION
COMMENCING JULY 1, 2003,
AND ENDING JUNE 30, 2006, INCLUSIVE
WHEREAS, the BOARD OF EDUCATION of the Borough of Old Tappan, New Jersey, and the OLD TAPPAN EDUCATION ASSOCIATION have agreed upon certain proposals and understandings, which both parties desire to confirm by this written agreement,
NOW, THEREFORE, WITNESSETH:
THIS AGREEMENT ENTERED into, nunc pro tunc, this date of January 24th, 2003, by and between the BOARD OF EDUCATION of the Borough of Old Tappan, Bergen County, New Jersey (hereinafter called the BOARD) and the OLD TAPPAN EDUCATION ASSOCIATION (hereinafter called the ASSOCIATION).
This document is a three (3) year Agreement, pursuant to Revised Statute 18A:29-4.1 et seq., commencing on July 1, 2003 and ending at midnight on June 30, 2006.
ARTICLE I
RECOGNITION
1. The BOARD hereby recognizes the ASSOCIATION as the exclusive representative to act as the collective negotiating and bargaining agent for the professional members of the staff, that is, the teachers and nurses, concerning the terms and conditions of their employment.
ARTICLE II
NEGOTIATING PROCEDURE
1. The BOARD and the ASSOCIATION agree that all negotiations shall be entered into in good faith according to Chapter 303 of the Public Laws of 1968, as amended by Chapter 123 of the Laws of 1974, and as amended by Chapter 269 of the Laws of 1989, effective January 4, 1990, more commonly referred to as the “New Jersey Employer-Employee Relations Act,” Revised Statute 34:13A-1, et seq.
2. The Negotiations Committee of the ASSOCIATION and the BOARD will arrange and establish a schedule of negotiations by such date as if required by law.
3. Negotiations shall commence no later than fifteen (15) days after said schedule has been arranged and established as aforesaid.
4. The ASSOCIATION shall present its proposal at least two weeks before the first scheduled meeting date set for negotiations, and the BOARD shall reply to the same at least one week before said scheduled meeting date.
5. Any agreement so negotiated, shall be reduced to writing and shall be presented to the BOARD and the ASSOCIATION for their respective adoptions.
6. It is recognized that each negotiations committee’s authority is subject to agreement and ratification of their respective constituencies.
ARTICLE III
PROFESSIONAL DEVELOPMENT AND EDUCATIONAL IMPROVEMENT
1. The BOARD will provide tuition assistance to all full-time tenured teachers and third year non-tenured teachers entitling them to receive a partial tuition refund for prior approved and successfully completed graduate courses during the term of this Agreement based upon the following guidelines and/or requirements:
(a-1) Tuition refunds shall be limited to fifty (50%) per cent of the tuition costs paid by the eligible teacher with a maximum reimbursement of Nine Hundred Eighteen ($918.00) Dollars for the School Year 2003-2004, Nine Hundred Sixty One ($961.00) Dollars for the School Year 2004-2005, and One Thousand One ($1,001.00) Dollars for the School Year 2005-2006.
(a-2) The BOARD’s total obligation for the teachers eligible for tuition reimbursement shall be the total sum of Fourteen Thousand Six Hundred Eighty Seven ($14,687.00) Dollars for the School Year 2003-2004, Fifteen Thousand Three Hundred Fifty Nine ($15,359.00) Dollars for the School Year 2004-2005, and Sixteen Thousand Seven ($16,007.00) Dollars for the School Year 2005-2006.
(a-3) In the event that the BOARD’s total cost obligation of Fourteen Thousand Six Hundred Eight Seven ($14,687.00) Dollars for the School Year 2003-2004, Fifteen Thousand Three Hundred Fifty Nine ($15,359.00) Dollars for the School Year 2004-2005, and Sixteen Thousand Seven ($16,007.00) Dollars for the School Year 2005-2006
has not been expended, exceeded and/or exhausted, then the eligible teachers aforementioned may be entitled to a maximum reimbursement amount aforementioned in Paragraph (a-1) up to the sum of One Thousand Six Hundred Thirty Two ($1,632.00) Dollars School Year 2003-2004, One Thousand Seven Hundred Six ($1,706.00) Dollars for the School Year 2004-2005, and One Thousand Seven Hundred Seventy Eight ($1,778.00) Dollars for the School Year 2005-2006 as hereinafter set forth and/or determined.
(a-4) In the event that the number of eligible teachers and/or the courses being taken by them meets and/or exceeds the BOARD’s total cost obligation Fourteen Thousand Six Hundred Eight Seven ($14,687.00) Dollars for the School Year 2003-2004, Fifteen Thousand Three Hundred Fifty Nine ($15,359.00) Dollars for the School Year 2004-2005, and Sixteen Thousand Seven ($16,007.00) Dollars for the School Year 2005-2006 and consequently prohibits the payment of the full maximum reimbursement amount to each eligible teacher, then a pro-rata share of the total sum of Fourteen Thousand Six Hundred Eight Seven ($14,687.00) Dollars for the School Year 2003-2004, Fifteen Thousand Three Hundred Fifty Nine ($15,359.00) Dollars for the School Year 2004-2005, and Sixteen Thousand Seven ($16,007.00) Dollars for the School Year 2005-2006 will be awarded to each eligible teacher in lieu of the sum of maximum reimbursement amounts stated in Paragraph (a-2).
The increase or decrease to the maximum reimbursement amounts as discussed in Paragraphs (a-1) and (a-2) above will be distributed among the eligible teachers on a pro-rated basis. The pro-rated factor as aforementioned will be determined by the parties hereto on February first (1st), annually for distribution in each of the School Years 2003-2004, 2004-2005, and 2005-2006, respectively.
No tuition reimbursement shall be paid and/or granted to any teacher until the aforementioned pro-rated factor has been determined by the parties hereto for the School Years 2003-2004, 2004-2005, and 2005-2006, as aforementioned.
(b) Courses submitted for tuition reimbursement and movement on the Salary Guide shall be limited to full semester programs, typically 12 to 15 weeks for three (3) credit courses [or the proportionate amount of time for one (1) or two (2) credit courses (12.5 hours per credit as recommended by the New Jersey Department of Education)] and/or summer courses, typically three to four weeks in duration, at fully accredited colleges as recognized by the New Jersey Department of Education. Up to six graduate credits (two courses) that either are less than full semester programs or that are on-line courses without direct teacher contact, may be submitted for tuition reimbursement and/or movement on the Guide. At no time will the Board approve for reimbursement in this District any course that does not satisfy the Department of Education’s minimum requirements for academic credit.
(c) Only courses bearing a direct relation to the teacher’s current assignment will be eligible for reimbursement and/or movement on the guide. The Superintendent has the sole discretion to determine whether a course bears a relation to current teaching assignment, which determination may be grieved only through Level Four of the contractual Grievance Procedure.
(d) Requests and applications must be submitted to the Superintendent for recommendation to the Board and must be approved before starting course work. The following application deadlines apply: no later than - June 15th for summer courses, September 15th for fall semester courses, February 15th for spring semester courses. Staff members starting courses before receiving written approval are not guaranteed to receive approval or reimbursement for the course.
(e) The official transcript and a grade of B or better and the receipt for tuition must be received by the BOARD before refund is granted.
2. All part-time tenured teachers shall be entitled to a pro-rata portion of the tuition assistance provisions consistent with their normal teaching employment, that is, a one-day-a-week teacher shall be entitled to twenty (20%) per cent of the fifty (50%) per cent of the tuition costs to a maximum of twenty (20%) per cent of the total sum of Nine Hundred Eighteen ($918.00) Dollars for the School Year 2003-2004, Nine Hundred Sixty One ($961.00) Dollars for the School Year 2004-2005, and One Thousand One ($1,001.00) Dollars for the School Year 2005-2006.
3. Teachers with ten years or more of full-time employment by this BOARD, shall be entitled to the partial tuition refund assistance provided in Paragraph 1, aforementioned, in the event that they become employed by this BOARD for less than full-time, as a result of a BOARD initiated action.
ARTICLE IV
REIMBURSEABLE EXPENSES
1. The BOARD agrees to reimburse members of the professional staff for reasonable expenses which may be incurred by such members, only when prior approval is given therefore, in writing, by the BOARD. Approval to attend conferences, workshops, seminars or courses shall not be construed as approval of attendant expenses.
ARTICLE V
COMPENSATION
1. (a) The compensation, wages and/or salaries to be paid to all personnel hired prior to June 30, 1996 and covered by this Agreement is as set forth in Schedules “A-5”, “A-6”, and “A-7” for the School Years 2003-2004, 2004-2005, 2005-2006, respectively, which Schedules are incorporated herein by reference as though set forth herein at length.
(b) The compensation, wages and/or salaries to be paid to all personnel hired on or after July 1, 1996, and covered by this Agreement, is as set forth in Schedules “C-5”, “C-6”, and “C-7 ” for the Schools Years 2003-2004, 2004-2005, 2005-2006, respectively, which Schedules are incorporated herein by reference as though set forth herein at length.
(c) During the 2003-2004 and 2004-2005 school years, teachers on the “A”’ guide who have completed seventeen (17) years of full time service but less than twenty (20) years of service in the Old Tappan Elementary School District shall be entitled to a longevity annual payment of One Thousand Five Hundred ($1,500) Dollars.
During the 2003-2004 and 2004-2005 school years, teachers on the “C” guide with an earned Masters degree, MA plus 16 credits, MA plus 32 credits, MA plus 48 credits who has completed seventeen (17) years of full time service but less than twenty (20) years of service in the Old Tappan Elementary School District shall be entitled to a longevity annual payment of One Thousand Five Hundred ($1,500).
(d) During the 2003-2004 and 2004-2005 school years, any teacher who has completed twenty (20) years of full-time service but less than Twenty-four (24) years of service in the Old Tappan Elementary School District shall be entitled to a total longevity annual payment of Three Thousand ($3,000.00) Dollars.
(e) During the 2003-2004 and 2004-2005 school years, any teacher who has completed twenty-four (24) years of full-time service but less than twenty-eight (28) years of service in the Old Tappan Elementary School District shall be entitled to a total longevity annual payment of Three Thousand Five Hundred ($3,500.00) Dollars.
(f) During the 2003-2004 and 2004-2005 school years, any teacher who has completed twenty-eight (28) years of full-time service in the Old Tappan Elementary School District shall be entitled to a total longevity annual payment of Four Thousand ($4,000.00) Dollars.
(g) During the 2005-2006 school year, teachers on the “A” guide who have completed seventeen (17) years of full time service but less than twenty (20) years of service in the Old Tappan Elementary School District shall be entitled to a longevity annual payment of Two Thousand Five Hundred ($2,500).
During the 2005-2006 school year, teachers on the “C” guide with an earned Masters degree, MA plus 16 credits, MA plus 32 credits, MA plus 48 credits who have completed seventeen (17) years of full time service but less than twenty (20) years of service in the Old Tappan Elementary School District shall be entitled to a longevity annual payment of Two Thousand Five Hundred ($2,500).
(h) During the 2005-2006 school year, any teacher who has completed twenty (20) years of full-time service but less than Twenty-four (24) years of service in the Old Tappan Elementary School District shall be entitled to a total longevity annual payment of Four Thousand ($4,000.00) Dollars.
(i)
During the 2005-2006 school year, any teacher who has completed twenty-four (24) years of full-time service but less than twenty-eight (28) years of service in the Old Tappan Elementary School District shall be entitled to a total longevity annual payment of Four Thousand Five Hundred ($4,500.00) Dollars.
(j) During the 2005-2006 school year, any teacher who has completed twenty-eight (28) years of full-time service in the Old Tappan Elementary School District shall be entitled to a total longevity annual payment of Five Thousand ($5,000.00) Dollars.
(k) All longevity payments mentioned in this Article shall not be cumulative.
(l) Part-time and full-time professional staff members are entitled to receive longevity pay upon completion of each benchmark year, with payment effective beginning the following September.
(m) Part-time professional staff members will earn longevity pay entitlements based on their years of continuous service in the same manner as described above for full time professional staff members. If a professional staff member experiences a break in service due to an involuntary reduction in force, each period of active employment will be included in the calculation of eligibility for longevity pay. An absence due to an approved leave of absence will not be considered a break in service for purposes of longevity pay.
Longevity pay for part-time professional staff members will be prorated based on the average number of hours the professional staff member worked during each year of employment, as a percentage of full time employment. This average will be calculated as the total number of regularly scheduled hours the part-time professional staff member worked over his/her entire employment by the Board, divided by the total number of years of employment. (For example, if the professional staff member worked .7 Full Time Equivalent for ten years and .5 Full Time Equivalent for ten years, then his/her longevity pay is calculated as [(.7 * 10) + (.5 * 10)]/20 = (7+5)/20 = 12/20 = .60. The employee would receive .6*$3,000.00 or $1,800.00 longevity pay after twenty years of service). The percentage of full time longevity pay to which each part-time professional staff member is eligible will be recalculated during each period of eligibility to allow for changes in hours and in the averages and will be adjusted accordingly.
(n) Annexed hereto and made a part hereof as Schedule “B-5”, “B-6”, and “B-7” is the “Index Ratio” guide upon which the salary guides for years covered by this Agreement were computed for professional staff members who were employed on or before June 30, 1996.
(o) Annexed hereto and made a part hereof as Schedule “D-5”, “D-6”, and “D-7” is the Index Ratio” guide upon which the salary guides for years covered by this Agreement were computed for professional staff members who were employed on or after July 1, 1996.
2. No increment or salary increase shall be automatic. Each professional staff member under this Agreement shall only be entitled to the increases and increments provided in Schedules “A-5”, “A-6”, and “A-7” or Schedules “C-5”, “C-6”, “C-7”, as provided in Paragraph 1 above (which Schedules “A-5”, “A-6”, and “A-7”, “C-5”, “C-6”, and “C-7” are annexed hereto and made a part hereof), upon the recommendations in writing of the Superintendent of Schools to the BOARD, and the affirmative approval by the BOARD of the Superintendent’s recommendations at a regular meeting of the BOARD of Education designated therefore.
3. (a) All credits leading to lateral movement on a Salary Guide must be graduate credits and/or up to four (4) in-service credits arranged and/or sponsored by the Northern Valley Curriculum Office, locally offered in-service and/or in-service credits offered in other school districts, all of which courses must be first approved in writing, in advance, by the Superintendent of Schools and the BOARD.
(b) In-service credits will be valid and accepted as follows:
Column | Maximum
In-Service Credits | Approved Graduate Credits |
| BA | None | Degree from an accredited College or University |
| BA+15 | Four (4) Together
with | BA plus eleven (11) approved graduate credits from an accredited College or University. |
| MA | None | Degree from an accredited College or University |
| MA+16 | Four (4) Together
with | MA plus twelve (12) approved graduate credits from an accredited College or University |
| MA+32 | Four (4) Together
with | MA plus a minimum of twelve (12) approved graduate credits above prior lateral moves from an accredited College or University. |
| MA+48 | Four (4) Together
with | MA plus a minimum of twelve (12) approved graduate credits above prior lateral moves from an accredited College or University. |
Any professional staff member who was on the MA plus 15 level, or MA plus 30 Level, or MA plus 45 Level on or before September 1, 1996 will remain on those columns as amended herein.
All other professional staff members must secure the number of credits above the Masters Degree as indicated above and/or herein in order for them to move laterally on the salary guide.
(c) Satisfactory notice, in writing, of the intention to acquire the necessary credits leading to lateral movement on the salary guide for each of the School Years covered by this Agreement must be submitted to the Superintendent of Schools on or before February first (1st) annually in order to be effective for the following September first (1st) annually.
(d) Lateral movement on the salary guide shall occur only in September annually (that is, lateral movement shall be made only once each school year), and only after written notice has been given to the Superintendent of Schools not later than the previous February 1st annually.
4. All professional staff members hired and employed on or after July 1, 1996 shall complete 9 approved credits in order to move to Levels 6, 11, and 16 on the salary guide. Upon approval of the Superintendent of Schools, credits may be accrued through completion of graduate course work or through participation in approved study groups, grant writing, curriculum revision, turnkey training or experiences, “National teacher accreditation, staff development, or officer in a national or state professional association.”
All professional staff members hired and employed on or after July 1, 1996 at a step midway between Steps 5, 10, or 15 shall complete a prorated number of credits to move to Levels 6, 11, and 16 as follows:
Hired at 5th step (1 year in district prior to move) – 0 credits
· Hired at 4th step (2 years in district prior to move) – 2 credits
· Hired at 3rd step (3 years in district prior to move) – 4.5 credits
· Hired at 2nd step (4 years in district prior to move) – 7 credits
· Hired at 1st step (5 years in district prior to move) – 9 credits
All part-time professional staff members hired and employed on or after July 1, 1996 shall complete 6 approved credits in order to move to Levels 6, 11, 16 on the salary guide.
All part-time professional staff members hired and employed on or after July 1, 1996 at a step midway between steps 5, 10, or 15 shall complete a prorated number of credits to move to Levels 6, 11, and 16 as follows:
· Hired at 5th step (1 year in district prior to move) – 0 credits
· Hired at 4th step (2 years in district prior to move) – 1 credit
· Hired at 3rd step (3 years in district prior to move) – 2 credits
· Hired at 2nd step (4 years in district prior to move) – 3 credits
· Hired at 1st step (5 years in district prior to move) – 6 credits
All professional staff members hired and employed on or after July 1, 1996 whose time is increased or decreased such that the status is changed to full time or vise versa shall complete credits based on the majority of time spent as a full or part time employee within the 5 year period. (i.e. any employee who works more than 2.5 years as a full time employee shall follow the 9 credit schedule or its mid step prorated equivalent. Any person who works less than 2.5 years as a full time employee shall follow the 6 credit schedule or its mid step prorated equivalent.)
All professional staff members hired and employed on or after July 1, 1996 who have attained a Masters degree are exempt from the credit requirements outlined above.
5. All members of the professional staff who are employed by the BOARD of Education during the summer months in a teaching capacity, in programs funded to the extent of fifty-one (51%) percent or more from the local district budget, shall be paid therefore at the rate of ten (10%) percent of their annual base pay for the school year just ended pro-rated for the amount of summer time employed.
6. Summer teaching positions in programs funded to the extent of fifty (50%) percent or more from other than the local district budget (i.e. Federal, State, etc.) shall be at the discretion of the BOARD as they relate to the establishment, salary, and/or description.
7. Educationally related summer position salaries shall be negotiated by the BOARD and the ASSOCIATION.
8. Summer positions not educationally related shall be at the discretion of the BOARD as they relate to the establishment, salary, and/or description.
9. It is the intention of Paragraphs 3 through 8, inclusive, that all such positions shall be announced to present personnel within the district prior to being offered to others.
It is the intention that all persons covered hereunder shall have the opportunity to apply for such summer positions prior to their being offered to others, and then to be considered for such summer positions.
The aforementioned positions shall not be filled until seven (7) school days after posting of the announcement referred to above.
10. The BOARD reserves the right to select the candidate for all positions in the school system, which selection shall not be subject to review.
11. Each member of the professional staff shall be entitled to receive from the BOARD, a separate contract for said summer work.
12. Attached hereto and made a part hereof as Schedules “E-5” is the schedule of payments for designated extra-curricular activities for the School Years 2003-2004, 2004-2005, 2005-2006, inclusive. ARTICLE VI
TEMPORARY ABSENCE
1. Each member of the professional staff covered hereunder shall be entitled to an absence for bereavement of five (5) working days in connection with the death of a member of the aforementioned staff’s immediate family, and one (1) day would be allowed for all other relatives. The BOARD and the ASSOCIATION agree that a certain amount of time is required for bereavement, however, both the BOARD and the ASSOCIATION also agree and acknowledge that the bereavement leave is not intended to be abused.
2. The immediate family includes the following: child, spouse, sibling, parent, parent in-law, grandparent, son/daughter in-law.
3. (a) Effective September 1, 2000, each full-time teacher or nurse covered under this Agreement shall be entitled to three (3) personal days each School Year. Personal days cannot be taken before or after a vacation, holiday or school break, or the first or last days of school. The Superintendent may, in his/her sole discretion, allow for exceptions to this rule under extenuating circumstances. Denial of such requests is not subject to review.
(b) Personal days are defined as leave used for personal business which cannot be conducted except during time when school is in session and does not include recreation, rest or recuperation, or any venture resulting in the payment or other remuneration for services. Personal days may be used to attend a graduation, for observance of a religious holiday, for moving one’s personal residence, to prepare for and attend one’s own wedding, for personal legal business (not including attendance at jury duty, court appearances pursuant to a valid subpoena, or when a court appearance is requested by and for the benefit of the BOARD), to care for an immediate family member (as defined in Article VI, para. 2 above), or other personal business.
(c) Not more than two consecutive days shall be granted for personal leaves for graduation, moving of one’s residence, one’s own wedding, or other personal business, except at the sole discretion of the Superintendent. Denial of such a request is not subject to review.
(d) Employees must submit request forms for personal days to the building principal no less than seven school days prior to the anticipated personal days, except in emergency situations when requests should be submitted as soon as possible. A response from the Administration will be returned to the employee within five school days following receipt of the request form, except in emergency situations. Prior written notice should state the general category and date or dates the individual is requesting to be absent.
(e) The request generally will be approved without further explanation, however, the Principal may deny the request based on staffing needs or may seek additional information, at his/her discretion. This denial of a request for a personal day is subject to binding arbitration, however, the sole issue the Arbitrator can decide is limited to whether the denial was due to staffing needs as opposed to some other reason. If the denial was due to staffing needs, the Arbitrator must deny the grievance. If the Association proves that the denial was not due to staffing needs, the Arbitrator must sustain the grievance. For these grievances, the Association will pay 100 percent (100%) of the cost of the Arbitration if the denial is upheld. If the grievance is sustained, the cost of Arbitration shall be shared equally between the Association and the Board.
(f) All part-time teachers or nurses shall be entitled to a pro-rata share of the three personal days based on the number of regularly scheduled hours worked by that employee, rounded to the nearest whole number.
(g) The parties recognize that these provisions represent a new approach to providing paid time off benefits to staff. Therefore, the Board will review and analyze the annual usage of paid time off benefits under these provisions, as compared with experience in prior years. In the event the Board’s analysis reveals any problems or trends of increased absence, the Board will meet and discuss these circumstances with the Association. The parties recognize and acknowledge the right of either party to request renegotiation of these provisions upon expiration of this Agreement and resumption of negotiations for a successor Agreement.
(h) Unused personal days may be accumulated only for the purpose of being included with sick days as part of the calculation and payment stipulated in Article VII, 3 of this Agreement.
4. Each full-time teacher or nurse covered under this Agreement shall be entitled to eleven (11) days absence for sickness only, all of which shall be cumulative. Included in the eleven (11) days, aforementioned, are the ten (10) days provided by the Revised Statute 18A:30-1.
5. The BOARD agrees to provide members of the professional staff with an accounting of all accumulated sick days.
6. All part-time teachers or nurses shall be entitled to their pro-rata share of the eleven (11) cumulative sick days rounded to the nearest whole number, as described in Revised Statutes 18A:30-1.
ARTICLE VII
PAYMENT FOR ACCRUED SICK LEAVE
UPON RETIREMENT FROM NEW JERSEY TEACHERS
PENSION AND ANNUITY FUND
1. (a) Upon retirement from the New Jersey Teachers Pension and Annuity Fund, each teacher who has been employed continuously by the BOARD for a period of twenty-five (25) years, and has attained at least the age of fifty-five (55) years, shall be paid for accrued sick leave as provided in this Article.
(b) Upon retirement from the New Jersey Teachers Pension and Annuity Fund, each nurse who has been employed continuously by the BOARD for a period equivalent to twenty-five (25) years, and has attained at least the age of fifty five (55) years, shall be paid for accrued sick leave as provided hereinafter in this Article.
The full time equivalency of accrued sick days for a nurse shall be determined by multiplying the particular nurse’s total number of accrued sick days in the Old Tappan Elementary School District by the fraction of full time work factor for which the particular nurse was contracted to work. Such product must comply with the schedule of payments provided in Paragraph 3 below. (E.g., a nurse who is working .83 contracted time and who has 160 accrued sick days shall be paid for 132 equivalent sick days: 160 X .83 = 132 equivalent sick days.)
2. As a condition precedent to any entitlement for consideration and/or payment hereunder, the eligible teacher and/or nurse as defined in this Article, shall:
(a) Notify the BOARD in writing, by letter addressed to the BOARD, by registered mail, return receipt requested, to be received by the BOARD no later than January 1, of the year in which retirement is to become effective, indicating that retirement shall be irrevocably effective in the same calendar year.
(b) Have, at the time of notification, accrued sick days of a minimum of one hundred (100) days, approved by the BOARD, in order to be eligible for payment as provided for in this Article.
3. The payments made to teachers eligible under this Article, shall be as follows:
(a) For at least 125 accrued and approved sick leave days, and up to 175 days, the sum of $1,360.00, for the 2003-04 School Year, the sum of $1,423 for the 2004-05 School Year, and $1,482 for the 2005-06 School Year.
(b) For at least 176 accrued and approved sick leave days, and up to 200 days, the sum of $2,720.00 for the 2003-04 School Year, the sum of $2,845 for the 2004-05 School Year, and $2,965 for the 2005-06 School Year.
(c) For at least 201 accrued and approved sick leave days, and up to 225 days, the sum of $4,080.00 for the 2003-04 School Year, the sum of $4,267 for the 2004-05 School Year, and $4,447 for the 2005-06 School Year.
(d) For 226 or more accrued and approved sick leave days, the sum of $5,440.00 for the 2003-04 School Year, the sum of $5,689 for the 2004-05 School Year, and $5,929 for the 2005-06 School Year.
4. It is the clear intent of this Article that the maximum payment shall, in any event, be $5,440.00 for the 2003-04 School Year, $5,689 for the 2004-05 School Year, and $5,929 for the 2005-06 school year per individual professional staff member, that is, a teacher and/or nurse as the case may be.
5. Notification of retirement received before January 1 shall entitle eligible participants to payment on or before July 1 of the same calendar year.
6. Notification of retirement received after January 1 shall entitle eligible participants to payment on or before July 1 of the following calendar year.
ARTICLE VIII
INSURANCE
1. (a) For those full-time and part-time professional staff members employed by the BOARD on or before June 30, 1996, the BOARD shall provide and maintain, for each eligible employee, full health insurance coverage equal to or better than that provided by CIGNA, its successors and/or assigns.
The effective date of said coverage for new employees shall be November first (1st), or such earlier date as may be arranged by the BOARD with its health insurance carrier.
(b) For those professional staff members who are employed on or after July 1, 1996, the BOARD shall provide and maintain the full cost of health insurance coverage in only a “managed care program” (e.g., CIGNA Direct Provider Program).
(c) The professional staff member(s), hired on or after July 1, 1996, may at their sole cost and expense choose a “traditional health plan” but, in which event the particular professional staff member shall pay, in advance, and/or otherwise be responsible for, the difference in cost between a “managed health care program” and the cost of a “traditional health plan.”
2. (a) All full-time professional staff members and part-time professional staff members working at least seven tenths (.7), that is, at least twenty eight (28) hours per week, are eligible to receive health insurance coverage at the BOARD’s expense. The BOARD will contribute towards the premium cost of insurance for eligible part-time professional staff members on a prorated basis calculated as a percentage of full-time employment (number of hours worked) and the employee shall be responsible to pay the balance of the premium (e.g., a .7 employee will contribute 30 percent of the premium cost and the BOARD will contribute the remaining 70 percent.)
(b) For all part-time professional staff members who are employed by the BOARD on or after July 1, 1996 for seven-tenths (.7) time or greater (that is, the equivalent of three and one half (3 ½) days per week or twenty-eight (28) hours per week), the BOARD shall pay only that portion of the health insurance coverage premium which is equal to that proportion of the time that the part- time professional staff member is actually working in his/her position with the BOARD. (E.g., if a part-time professional staff member, who is a seven-tenths (.7) employee agrees, in advance and pays the remaining portion of the premium for three-tenths (.3) thirty (30%) percent of the cost of the health insurance coverage premium, the BOARD will pay for seventy (70%) percent of the health insurance coverage premium.)
(c) For any professional staff member, who was full-time during the School Year 1995-1996, but who, due to a reduction in force at any time during this Agreement, was reduced to a seven-tenths (.7) part-time position or greater, but less than full-time, shall continue to receive full health insurance coverage at the expense of the BOARD.
3. The BOARD shall provide and pay for one hundred (100%) per cent of the applicable increased costs of the premiums toward the purchase of a family plan coverage with the same carrier who provides the coverage for the employees in the preceding paragraph.
4. The BOARD agrees, when requested in writing by a professional staff member, that is a teacher and/or a nurse, (the professional staff members covered hereby, do by this Agreement, grant and/or give the BOARD the right and/or power to make any payroll deductions that may be necessary in order to carry out the terms of this Agreement), to make deductions from the said professional staff member’s pay, the cost of any other forms of insurance arranged by the teachers, such as coverage for a medical and/or a dental plan, tax sheltered annuity, income protection plan, etc., provided that such action by the BOARD shall not be construed as an indication by the BOARD that such insurance coverage is a negotiable item under this or any other agreement with the ASSOCIATION. The BOARD agrees to arrange for the administration of any of said plans, if such plans are available to the group and, further, provided that such administration shall not be at the BOARD’s expense.
5. For the 2003-2004, 2004-2005, 2005-2006 school years, the BOARD shall pay the full cost of a dental plan with benefits equivalent to those in effect on June 30, 1999 for all eligible professional staff members and their eligible dependents (as defined in the plan).
The billing and/or the processing of the payment for the dental plan for individual employees covered hereunder, shall be arranged at the BOARD’s expense, but all claims under the dental plan shall be submitted on a direct basis between the individual employee and the dental carrier.
6. The BOARD will permit retirees, if acceptable with the carrier providing coverage, to remain in the dental plan only provided each retiree promptly and punctually pays to the BOARD quarterly, in advance, the appropriate premium(s) that may be due.
Late payments will not be accepted.
Non-payment, late payments and/or dishonor of the retiree’s check may result in the termination of the dental coverage.
7. Each school year, teachers may choose to “opt-out” of insurance benefits. Members choosing to “opt-out” will be required to sign a release indicating that their dependents are covered under another health benefit program. Teachers shall be told how to re-enroll in health benefits if needed, and members are responsible for informing the Board Secretary of any changes in circumstances regarding health benefits. Employees who are not employed during the full year (September 1 – August 31) and choose the waiver shall have their payments prorated accordingly. This applies to new hires after September 1 and any employment termination that is effective prior to August 31. Employees who choose the waiver and are on unpaid leave of absence without medical benefits shall have their payments prorated as well.
Each school year, the Board shall pay teachers for the “opt-out” as follows:
a. Family - $2,500
b. Husband/wife - $2,000
The Board will also enroll in and administer a “125 Plan” in order to effectuate this “opt-out” benefit.
ARTICLE IX
JOB VACANCIES AND PROMOTIONS
1. (a) The BOARD agrees that in the event that any vacancy occurs, as it relates to positions within the bargaining unit, including administrative and extra-curricular positions during the period covered by this Agreement, including positions for the subsequent school year, such vacancy shall be posted immediately upon the BOARD’s having actual knowledge, and prior to any other public disclosure of the same by the BOARD, other than to announce a resignation.
(b) It is the understanding, between the parties hereto, that all reasonable efforts will be made to communicate such vacancies to the personnel covered under this agreement, during the summer period, in a reasonably timely manner.
2. Such notices shall describe such vacancy positions together with the procedure necessary for members of the bargaining unit to make application for said vacancy.
3. It is the intention of this Article that all such vacancies be announced to present personnel within the district prior to being offered to others.
It is the intention of this Article, that all persons covered hereunder shall have the opportunity to apply for all such vacancies prior to their being offered to others and then to be considered for such vacancies.
The aforementioned positions shall not be filled until seven (7) days after the posting of the notice referred to above.
4. The BOARD reserves the right to select the candidate for all positions in the school system, which selection shall not be subject to any review.
ARTICLE X
MISCELLANEOUS PROVISIONS
1. The BOARD agrees to issue, in writing, professional staff contracts to all non-tenured teachers who have been continuously employed by the BOARD on or before May 15th of each year, in accordance with and/or as stated in Revised Statute 18A:27-10, et seq. The said professional staff members shall return to the BOARD, their respective contracts duly executed by them on or before the first day of June of each year, which contract shall be formally acted upon by the BOARD at its First Regular Meeting during the month of June of each year. The execution of such contract shall, in no way, prejudice the negotiations between the BOARD and the ASSOCIATION, if the same have not been concluded.
2. (a) The BOARD shall have the right to establish teaching schedules in order to permit the scheduling of educational programs and/or services outside of the traditional school day, provided that the teachers who are assigned to alternative teaching schedules are arranged for a workday and/or a workload consistent with the established number of teaching hours.
(b) Such assignments shall not begin more than forty-five (45) minutes before the start of the traditional school day in this School District, nor shall they end more than forty-five (45) minutes after the end of the traditional school day in this School District, except in the case of staff development programs.
(c) Only teachers assigned to provide instruction as a Technology Facilitator, Instrumental Music, and any new staff hired for Library/Media Services shall be eligible for assignment to an alternative teaching schedule.
3. (a) All professional staff members assigned to the T. Baldwin Demarest School, and not otherwise excluded hereafter, shall be entitled to a duty-free lunch period of fifty (50) minutes duration (the ten (10) minutes reduction of the lunchtime shall be added to the staff members’ student contact time).
(b) During the terms of this contract, all professional staff members assigned to the Charles DeWolf School or those whose major assignment is in the Charles DeWolf School, will be entitled to a duty free lunch period of (30) minutes’ duration.
(c) In the event that a member of the professional staff agrees to monitor either the students’ lunch period and/or the students during lunch period, such staff member shall be paid such compensation as is set forth and listed in Schedules E-5, E-6, E-7 (which Schedules are incorporated herein by reference as though set forth herein at length) for the School Years 2003-2004, 2004-2005, 2005-2006.
4. Commencing with the School Year 1988, staff members assigned to the Charles DeWolf School, or those whose major assignment is in the Charles DeWolf School, will be released at 3:00 p.m., while those staff members assigned to the T. Baldwin Demarest School will be released at 3:15 p.m.
5. All staff members assigned to the T. Baldwin Demarest School, or those whose major assignment is in the T. Baldwin Demarest School, shall be present and sign in by 8:15 a.m. daily, unless they are following an approved, in writing, alternate schedule.
6. All staff members assigned to the Charles DeWolf School, or those whose major assignment is in the Charles DeWolf School, shall be present and sign in by 8:10 a.m. daily, unless they are following an approved, in writing, alternate schedule.
7. A.M./P.M. Stipend – Any staff who participates in a.m./p.m. supervision will be paid a pro rata share of the lunch stipend. To the extent possible, volunteers will be used. A.M. duty will take place 25 minutes before the commencement of the student day. P.M. duty will take place 20 minutes after the end of the student day.
8. (a) Monday afternoon meetings will be reserved for staff meetings in order to address school issues such as might pertain to the entire building, the district, a grade, a department, or an area of special interest.
(b) Staff meetings may include the district, the building, department(s), and/or grade level meetings, committee meetings, and/or workshops.
(c) Mandatory workshops must be held on Mondays, except as agreed upon in writing and in advance, by the ASSOCIATION.
(d) The total number of hours for such staff meetings and/or mandatory workshops shall not exceed forty (40) hours per school year.
(e) The notice of, and agenda for any meeting, shall be given to the teachers involved at least three (3) days prior to the scheduled meeting, except in an emergency.
(f) Teachers shall have the opportunity to suggest items for the agenda.
(g) Staff meetings shall not exceed a maximum of two (2) hours in length and must be commenced within ten (10) minutes of school dismissal.
(h) Two (2) days prior notice shall be given to all affected teachers for all meetings; however, one (1) week’s prior notice shall be given to all affected teachers for any meeting that is scheduled to extend beyond one (1) hour in duration.
(i) In case of an emergency, meetings not to exceed one (1) hour in duration may be held without the prior notice requirements.
9. The release time for Charles DeWolf and T. Baldwin Demarest School staff members mentioned in Item 4, above, may be extended for general staff meetings, and/or special grade level or emergency meetings as mentioned in the Teacher’s Handbook.
10. (a) The BOARD acknowledges that since it is desirable for each teacher to use an uninterrupted preparation period each day, where the practice presently exists, the practice of using a regular teacher as a substitute shall be discouraged. The BOARD agrees to establish strict control to discourage the practice of using a regular teacher as a substitute.
(b) Commencing with the School Year 1988-1989, and during the term of this Agreement, all full-time teachers at the Charles DeWolf School, or those whose major assignment is in the Charles DeWolf School, shall have at least one (1) preparation period per day, while all full-time teachers at the T. Baldwin Demarest School shall have six (6) preparation periods per week.
11. (a) Professional staff members, as selected, designated and/or assigned by the Superintendent, will be required to participate in two (2) evenings for individual parent-teacher conferences and two (2) after school sessions for individual parent-teacher conferences (scheduled for two (2) hours each session) at an additional compensation rate per staff member per session as follows:
(b) The sum of Forty Seven ($47.00) Dollars per hour for the 2003-2004 school year and the sum of Forty Nine Dollars and Fifteen Cents ($49.15) for the 2004-2005 school year and the sum of Fifty One Dollars and Twenty Two Cents ($51.22) for the 2005-2006 school year for such time as may be required at the conference sessions as scheduled and/or determined by the Building Principal or the Superintendent and, in the absence and/or disability of the Superintendent of Schools, etc., of the Building Principal.
12. Commencing with the School Year 1986-1987, the required work day of all professional staff members assigned to the Charles DeWolf was extended for an additional fifteen (15) minutes per day, while all professional staff members assigned to the T. Baldwin Demarest School was increased ten (10) minutes per day student contact time, which time was (and shall be hereunder) subtracted from the latter’s former lunch period as stated herein and/or in Article X, Paragraph 2, of the contract for the School Years 1986-1988.
13. (a) Commencing with the School Year 1987-1988, there has been implemented an eight (8) period day for the Charles DeWolf School and teaching staff, and an equal increased pupil contact time for the T. Baldwin Demarest School, as assigned and/or designated and/or determined by the Superintendent of Schools within the criteria set forth in the Agreement for the School Years 1986-1988.
(b) Professional teachers at the Charles DeWolf School shall be assigned a teaching schedule consisting of thirty-two (32) periods per week, without qualifications. All such assignments shall be strictly at the discretion of the Chief Administrator of the District.
14. All BOARD policies and procedures heretofore adopted and in existence at the date hereof are hereby ratified and confirmed and incorporated herein by reference as though set forth herein at length.
15. The BOARD agrees to provide designated representatives in each building with a copy of all applicable policy within ten (10) days of adoption by the BOARD.
16. (a) Effective July 1, 2003 for the School Years 2003-2004 through 2005-2006, each professional staff member’s work year (actual working days) shall not exceed one hundred eighty-six (186) school days and which shall be scheduled between September 1st and June 30th, inclusive.
(b) The total number of student contact days for the School Years 2003-2004 through 2005-2006 shall not exceed one hundred eighty-three (183) days per school year.
17. Agency Shop
If an employee does not become a member of the ASSOCIATION during any membership year (i.e., from September 1 to the following August 31), which is covered in whole or in part by this Agreement, said employee will be required to pay a representative fee to the ASSOCIATION for that membership year to offset the costs of services rendered by the Association as majority representative.
A. Amount of Fee
Prior to the beginning 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 representative fee to be paid by non-members will be equal to the maximum allowed by the law.
B. Deduction and Transmission of Fee
The Board agrees to deduct from the salary of any employee who is not a member of the Association for the current membership year the full amount of the representation fee set forth in Section 2 above and promptly will transmit the amount so deducted to the ASSOCIATION. The Board agrees to deduct the representation fee in equal installments, as nearly as possible, from the paychecks paid to each employee during the remainder of the membership year in question. The deductions will begin thirty (30) days after the employee begins his/her employment in a bargaining unit position.
C. Termination of Employment
If an employee who is required to pay a representative fee terminates his/her employment with the BOARD before the ASSOCIATION has received the full amount of the representation fee to which it is entitled under this Article, the BOARD will deduct the unpaid portion of the fee due from the last paycheck paid to said employee during the membership year in question and promptly forward same to the ASSOCIATION.
D. Mechanics
Except as otherwise provided in this Article, the mechanics for the deduction of representation fees and the transmission of such fees to the ASSOCIATION will, as nearly as possible, be the same as those used for the deduction and transmission of regular membership dues to the ASSOCIATION.
E.
Indemnification
The ASSOCIATION shall indemnify and hold the BOARD harmless against any and all claims, demands, suits and other forms of liability, including liability for reasonable counsel fees and other legal costs and expenses that may arise out of, or by reason of any action taken or not taken by the BOARD in conformance with this provision.
14. Terms of Agreement: The term of this contract shall be from July 1, 2003 until June 30, 2006.
ARTICLE XI
BOARD RIGHTS
1. The BOARD reserves to itself, sole jurisdiction and authority over matters of policy and retains and reserves unto itself, without limitations, all the powers, rights, authority, duties and responsibilities conferred upon and vested in it by the Laws and Constitution of the State of New Jersey and of the United States, by the decision of the Courts of the United States and of the State of New Jersey, the Commissioner of Education and the State Board of Education of the State of New Jersey and by the Rules and Regulations of the State Board of Education (New Jersey Administrative Code) and the State of New Jersey, subject to the terms herein.
2. The willingness of the BOARD to discuss matters which are within the sole prerogative of the BOARD, shall not be deemed to constitute a waiver or relinquishment of any such prerogative.
ARTICLE XII
TEACHERS’ RIGHTS
1. All unit members shall enjoy all rights granted under and by virtue of the provisions of Chapter 303 of the Laws of 1968, as amended by Chapter 123 of the Laws of 1974, and as amended by Chapter 269 of the Laws of 1989 (effective January 4, 1990) and more commonly known as the New Jersey Employer Employee Relations Act, Revised Statute 34:13A-1 et seq., and as subsequently amended or under any laws of the State of New Jersey, the United States and the Constitutions of the United States and of the State of New Jersey. No staff member or teacher shall be discriminated against, coerced or reprimanded by virtue of their exercise of such rights, subject to the terms herein.
ARTICLE XIII
ASSOCIATION BUSINESS
1. The BOARD agrees that the ASSOCIATION may use the school address as its official address, with the understanding that the BOARD shall not be responsible for lost or misplaced mail or correspondence.
2. In order that ASSOCIATION meetings do not conflict with other school meetings and/or functions, the BOARD and the ASSOCIATION, at the beginning of each school year in September, agree to designate a specific time and place for ASSOCIATION regular meetings within the school building.
ARTICLE XIV
GRIEVANCE PROCEDURE
1. Definitions
A. "Grievance" is defined as any alleged violation, misinterpretation or misapplication of the terms of this Agreement or of BOARD policy, including administrative decisions rendered under BOARD policy. BOARD policies and administrative decisions which do not affect the terms and/or conditions of employment of a professional staff member do not fall within the definition of a grievance. Likewise, professional staff members may not use this grievance procedure in regard to any matter in which:
1. The law provides either a method to review the complaint or a legal remedy, pursuant to State Board Rules and/or Regulations and/or the New Jersey Administrative Code all having the force and effect of law, or a judicial decision; or
2. The BOARD of Education is without authority to act; or
3. The complaint relates to the non-renewal, termination (or notice of termination) of one or more non-tenured professional staff member's (s') contract(s); or
4. Charges were filed against one or more tenured professional staff member(s) pursuant to the Tenured Employees Hearing Act (N.J.S.A. 18A:6-10, et seq.); or
5. A salary increment is withheld pursuant to N.J.S.A. 18A:29-14.
B. "Representative" is defined to include:
1. As to a professional staff member: A member or group of members of the OLD TAPPAN EDUCATION ASSOCIATION, an attorney designated in writing by the individual or by the ASSOCIATION, a representative of the New Jersey Education Association, or any combination of such persons.
2. As to the BOARD: A BOARD member, the Superintendent, a member of the administration, an attorney designated by the BOARD in writing, or any combination of such persons.
At Level One, a grievant only may choose to represent him/herself or to be represented by a fellow member of the ASSOCIATION.
At Level Three, a grievant only may choose to represent him/herself, to be represented by a fellow member of the ASSOCIATION, or to be represented by a representative of the New Jersey Education Association.
At Level Four and above, a grievant may choose to represent him/herself, or to be represented by any “representative” as defined above.
If the Grievant does not appoint a representative at Level 3 or above, then the Association can appoint a representative, as defined above. The grievant or the BOARD or the ASSOCIATION can change his/her/its designated representative, in writing, at any level within the procedure, but such change will not affect any proceedings occurring prior to the change. Neither the grievant, the BOARD, nor the ASSOCIATION may be represented by an attorney at Levels One or Three, in an effort to keep the process non-adversarial.
3. "Immediate Supervisor" is defined as the person to whom the aggrieved professional staff member (the "grievant") is directly responsible under the Board's Table of Organization. If no Table is furnished to the grievant, then the person who the grievant reasonably believes is his/her immediate supervisor, based on daily or ongoing direct supervision, will be designated as the immediate supervisor.
4. "Superintendent" is defined as the person employed and/or designated by the BOARD as the chief administrative officer of the school district, regardless of official title.
C. The term professional staff member as used in this definition shall mean an individual professional staff member or a group of professional staff members having the same grievance.
2. Purpose
A. Any individual professional staff member/members ("grievant") has the right to present a grievance internally, regarding matters which affect his/her/their terms and/or conditions of employment, using the procedure set forth in this section.
B. Any professional staff member presenting a grievance shall be assured freedom from restraint, interference, coercion, discrimination or reprisal in presenting his/her grievances.
3. Procedural Steps
Level One
Within fifteen (15) school days of the date of the incident about which the grievant is grieving, he/she must present and discuss his/her grievance with the Principal, in an effort to resolve the matter. A grievant may request representation by a fellow member of the OTEA at Level One. All Level One grievances must be written and signed on the official Board Grievance Form and must state clearly the grounds upon which the grievance is based, including the specific contract provision or policy which the grievant alleges was violated, misinterpreted, or misapplied, and must attach all relevant documents. If fifteen (15) school days do not remain in the current school year from the time the incident at issue arose, then the grievant must present the grievance to the Principal within twenty-one (21) calendar days following the last day of school. The Principal must render a written decision within ten (10) school days after meeting with the grievant.
Level Two
If the grievant is not satisfied with the response received from the Principal at Level One, the grievant may refer the grievance to the Professional Rights and Responsibility Committee of the ASSOCIATION. If the Committee decides that the ASSOCIATION will process the grievance, then the ASSOCIATION will appoint a representative. If the ASSOCIATION does not process the grievance and appoint a representative, then the grievant will have the right to appoint his/her own representative.
Level Three
Within fifteen (15) school days of receiving the written response at Level One, the employee or the ASSOCIATION may appeal the Level One determination to the Superintendent. All Level Three grievances must be signed and written on the proscribed grievance form and in addition to stating clearly the grounds upon which the grievance is based, including the specific contract provision or policy which the grievant alleges was violated, misinterpreted, or misapplied, also must state the result of the discussion at the prior level and the specific reason(s) for the grievant's dissatisfaction with the prior determination and must attach all relevant documents and prior written decisions. The Principal shall provide a grievance report to the Superintendent, who shall conduct a closed hearing with the concerned parties and their representative(s), if any, and separately with the grievant or the Principal, if requested. The Superintendent shall issue a written decision, including reasons for the decision, to the grievant and the Principal within fifteen (15) school days following receipt of the original notice of appeal.
If the grievance arises directly out of an order, ruling or determination by the Superintendent, however, the grievant or the ASSOCIATION may skip Levels One and Two and file with the Superintendent at Level Three, within ten (10) school days following the date on which the grievant first became aware of such an order, ruling or determination. The grievant must file a signed, written statement with the Superintendent using the proscribed grievance form and, in addition to stating clearly the grounds upon which the grievance is based, including the specific contract provision or policy which the grievant alleges was violated, misinterpreted, misapplied, and must attach all relevant documents and prior written decisions. The Superintendent shall issue a written decision, including reasons for the decision, to the grievant and the Principal within fifteen (15) school days following receipt of the original notice of appeal.
Level Four
Within fifteen (15) school days of receiving the written response from the Superintendent at Level Three, the grievant or the ASSOCIATION may file a written appeal of the Level Three determination to the BOARD, by filing in writing with the Board Secretary. All Level Four grievances must be signed and written on the proscribed grievance form and in addition to stating clearly the grounds upon which the grievance is based, including the specific contract provision or policy which the grievant alleges was violated, misinterpreted, or misapplied, also must state the result of the discussion at the prior level and the specific reason(s) for the grievant's dissatisfaction with the prior determination, and must attach all relevant documents and prior written decisions. The grievant shall provide a copy of the Notice of Appeal to the Superintendent.
If the grievance arises directly out of an order, ruling or determination by the BOARD, however, the grievant or the ASSOCIATION may skip Levels One, Two, and Three and file with the BOARD at Level Four, within ten (10) school days following the date on which the grievant first became aware of such an order, ruling or determination. If filing directly with the BOARD within ten (10) school days following issuance of the order, ruling or determination, or within ten (10) school days following the date on which the grievant first became aware of such order, ruling or determination, by filing in writing with the Board Secretary, stating:
(a) The order, ruling or determination from which the grievant is complaining;
(b) The basis for the complaint, including the specific contract provision or policy which the grievant alleges was violated, misinterpreted, or misapplied;
(c) A request for hearing (if desired).
The grievant must provide the Superintendent with a written copy of the complaint to the Board, and the Superintendent may reply, in writing, to the complaint. The Superintendent will supply the grievant with a copy of any reply statement.
The grievant may request that the BOARD consider the grievance at either a private or a public hearing. All written requests for a hearing before the BOARD will be granted. If the BOARD does not receive any request as to whether the hearing should be private or public, then it may consider the grievance based only on the written record, or conduct a public hearing, or request additional written materials. Any party submitting additional written materials to the BOARD must provide copies of these materials to the adverse party, who shall have the right to reply to these materials.
The BOARD shall render a written decision within thirty (30) school days (forty-five (45) school days during summer months when school is not in session) following the date it considers the grievance. The BOARD shall state the reasons for its decision, and provide copies of its decision to the grievant, his/her representative, if any, the ASSOCIATION, the Principal and the Superintendent.
Level Four shall be the final determination for all grievances alleging a violation, misinterpretation, or misapplication of any BOARD policy which existed for more than five (5) years at the time the grievance was filed, except where the grievance alleges a change from past practice or past implementation of such policies.
Level Five
If the grievance has not been resolved to the satisfaction of the grievant or the ASSOCIATION, the ASSOCIATION may file for arbitration within fifteen (15) school days following receipt of the BOARD's Level Four decision. Failure to file for arbitration within the fifteen (15) day period will constitute a bar to arbitration of the grievance, unless the ASSOCIATION and the Board mutually agree to extend the deadline for filing for arbitration.
The parties should try to agree to a mutually acceptable arbitrator. If the parties cannot agree, they immediately shall submit a joint request to the Public Employee Relations Commission to appoint an arbitrator. If PERC is unwilling or unable to appoint an arbitrator, then the parties shall submit a joint request to the American Arbitration Association to appoint an arbitrator.
The arbitrator shall confer with representatives of both the BOARD and the ASSOCIATION, and shall conduct a hearing. In the shortest time possible after the hearing, the arbitrator shall submit a written report of his/her findings of fact, reasoning, and conclusions on the issues of the grievance. The arbitrator shall render his/her findings and Recommendations consistent with the terms of this Agreement, and shall not have power or authority to make any recommendations which require commission of an act which is prohibited by law.
The decision of the arbitrator shall be final and binding on all parties.
Except as provided in Article VI, para. 3(e) (personal days), the parties shall share equally in the cost of the arbitrator's services, except that if the ASSOCIATION is representing the grievant, then the ASSOCIATION shall bear the grievant's share of the expense. Each party will be responsible for its own expenses associated with the arbitration. In addition, the arbitrator will have the express power and authority to recommend that the costs of the arbitrator's services be borne by one party if, in the arbitrator's judgment, one party unnecessarily created the need for the arbitration or pursued arbitration for purposes of delay, if the arbitrator finds that one party's assertions are unreasonable and a sham.
Miscellaneous Provisions
1. If the decision-maker fails to communicate a decision within the time limits set by this procedure, the grievant or the ASSOCIATION shall be permitted to proceed to the next level automatically. Likewise, failure to present a grievance at any Level within the time limits provided will be deemed an acceptance of the last determination presented, and an abandonment of the grievance. Nevertheless, the parties may extend any time limits within this procedure by mutual agreement in writing.
2. During the pendency of the grievance, all employees, including the grievant, shall continue to work under the direction of the Superintendent and the administrators, regardless of the nature of the grievance or amount of time it takes to resolve the grievance. The BOARD agrees not to harass or discriminate against any professional staff member for filing a grievance under this procedure.
3. No complaint arising from a source other than through the normal administrative procedure shall be noted in the personnel file of any employee without first:
(a) Notifying the employee in writing by certified mail, return receipt requested, of the source and contents of the complaint, and
(b) Affording the employee a hearing on such complaint if the employee shall file written demand therefore within ten (10) school days of the date of the notice.
The hearing shall be conducted according to the procedures outlined in the grievance procedure. Subsequent notation of the complaint and determination shall be made only after a determination in such hearing which is adverse to the said employee.
IN WITNESS WHEREOF, the parties hereunto have caused this agreement to be signed by their respective Presidents, attested to by their respective Secretaries, and their respective seals to be placed hereon, all on the day and year first above written.
BOARD OF EDUCATION OF THE
BOROUGH OF OLD TAPPAN,
NEW JERSEY
ATTEST:
_____________________________ By _____________________________
Theresa H. Guastello JACK BRENNAN
Secretary President
OLD TAPPAN EDUCATION ASSOCIATION
_____________________________ By _____________________________
Mary Casey DENISE MC CARTHY
Secretary President
Contracts/OTEAContrac.Jul03.June06mkm – 6/10/03
SIDE BAR AGREEMENT
BETWEEN
OLD TAPPAN BOARD OF EDUCATION
AND
OLD TAPPAN EDUCATION ASSOCIATION
In consideration of the mutual promises and undertakings contained herein, the undersigned parties agree that the Collective Negotiation Agreements between the Old Tappan Board of Education and the Old Tappan Education Association, effective July 1, 2002 to June 30, 2003, and effective July 1, 2003 to June 30, 2006, is hereby amended as follows:
1. Any T. Baldwin Demarest Elementary School teacher who participates in a PTA after-school club which commences at 3:00 p.m. will reimburse the Board 15 minutes per week per after school activity. (If a teacher participates in two PTA clubs per week, the teacher will reimburse the Board for 30 minutes). The time for the reimbursement shall be 15 minutes after the conclusion of the club, or any other mutually agreed upon time between the teacher and the principal.
2. This Side Bar Agreement shall not survive the expiration of the Collective Negotiations Agreements that become effective July 1, 2002, and July 1, 2003, unless expressly so provided therein.
OLD TAPPAN BOARD OF EDUCATION
By:
Dated:
OLD TAPPAN EDUCATION ASSOCIATION
By:
Dated:
 
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