ARTICLE		PAGE
	Preamble	1
1	Recognition	1
2	Association Rights	1
3	Negotiation Procedure	2
4	Grievance Procedure	3
5	Job Security and Seniority	7
6	Payment of Salaries and Hours of Work	8
7	Health Benefits	9
8	Leaves of Absence	10
9	Vacation	15
10	Holidays	16
11	Compensation	17
12	Joint Committee	18
13	Deductions from Salary	18
14	Agency Fee	19
15	Management Rights	21
16	Work Continuity Clause	22
17	Miscellaneous Provisions	22
18	Effect and Duration	24
Appendix 1	Base Salaries	26
Appendix 2	New Hires and Location Stipends	27

1. Unless otherwise indicated, the term employee, when used in this Agreement, shall refer to all employees represented by the Association in the negotiating unit as defined.

2. References to males shall include females, and references to females shall include males.

K. No material derogatory to an employee’s conduct, service, or personality while employed in South Brunswick shall be placed in his/her personnel file unless the employee has had an opportunity to review the material. The employee shall acknowledge that he/she has had an opportunity to review such material by affixing his/her signature to a statement on the file copy which indicates that he/she has "had an opportunity to review such material but by affixing his/her signature, he/she neither agrees nor disagrees with the contents". The employee shall also have the right to submit a written answer to such material and his/her answer shall be reviewed by the Superintendent or his/her designee and attached to the file copy.

Neither the Board nor the Association shall control or attempt to control the procedure governing the selection of the other group’s representatives. Each group shall be empowered to propose, counter propose, and either accept or reject proposals being considered.

Meetings shall be regularly scheduled until negotiations are considered completed by the representatives of the Board and the Association. Should either group feel the need to meet with the other group at times not regularly scheduled, the group initiating the request will submit the other group a written statement detailing the reasons for the meeting. This special meeting will take place ten (10) calendar days after receipt of the written request.

The Board and the Association each reserve the right to bring consultants to the collective negotiation sessions. Should both groups agree to engage in joint contract to bring consultants or clerical assistants to the negotiating sessions, costs between the Board and the Association will be shared equally. The time and degree of participation of these consultants and clerks shall be determined by mutual agreement between the Board and the Association.

The Association shall have access to public information relating to the school district’s financial resources upon request.

In the event either party feels that an impasse has been reached in negotiations, they may utilize the procedures available under Chapter 123 to avail themselves of mediation, fact finding and super conciliation. In the event participating Association representatives are required to attend mediation, fact finding or super-conciliation sessions during regular working, they shall do so with no loss of pay. The Association agrees that a maximum of three (3) representatives would be required for such sessions.


ARTICLE 4
GRIEVANCE PROCEDURE

A grievance is a claim by an employee or his representatives that involves the appeal of an interpretation, application or violation of policies, agreements or administrative decisions affecting him. As used in this definition, the term employee shall mean also a group of employees having the same grievance.

The purpose of this procedure is to secure equitable solutions to grievances at the lowest possible level. Both parties agree that these proceedings will be kept confidential except where otherwise stated in this Agreement.

Any individual employee represented by the Association shall be ensured freedom from restraint, interference, coercion, discrimination, or reprisal in presenting his appeal. He shall have the right to present his own appeal or to designate a representative of the Association, or other persons of his own choosing to appear with him at any step in the grievance procedure. Any grievant may represent himself/herself through level three of this procedure. When the grievant is not represented by the Association, the Association shall be present and state its views at all stages of the grievance procedure, and no grievance shall be considered resolved without the approval of the Association. Only the Association may process grievances through arbitration.

The Association shall be notified in advance of any grievance meeting which involves an employee who was chosen to be represented by the Association in that grievance.

1. Conditions
a. Failure at any step of this procedure to communicate the decision on a grievance within the specified time shall permit the aggrieved employee to proceed to the next step. Failure at any step of this procedure to appeal a grievance to the next step within the specified time limits shall constitute acceptance of the decision rendered at this step. The time limits specified may be extended or reduced by mutual agreement of the parties involved at any step of the procedure.

b. During and notwithstanding the pendency of any grievance, employees shall continue to observe all assignments and applicable rules and regulations of the Board until such grievance and any effect thereof shall have been fully determined.

c. All meetings and hearings under this procedure shall be conducted in private and shall include only the parties in interest and their designated or selected representatives.

2. Level One
a. An employee with a grievance shall first discuss it with his immediate supervisor within thirty (30) calendar days of its occurrence. The employee shall state at the outset that he is initiating Level One of the grievance procedure.

b. If as a result of the discussion, the matter is not resolved to the satisfaction of the employee within five (5) working days, he shall set forth his grievance in writing to his immediate supervisor specifying:

1) the nature of the grievance

2) the nature and extent of injury, loss or inconvenience

3) the results of previous discussions

4) his dissatisfaction with the decision previously rendered, and

5) the remedy sought

c. The supervisor shall communicate his decision to the employee in writing within three (3) working days of receipt of the written grievance.
3. Level Two
No later than five (5) days after the receipt of the decision, the employee may appeal the supervisor’s decision to the Superintendent. The appeal to the Superintendent must be in writing and must state the grievance submitted to the supervisor as specified above and the employee’s dissatisfaction with the supervisor’s decision. The Superintendent shall attempt to resolve the matter as quickly as possible, but within a period not to exceed ten (10) working days. The Superintendent shall communicate his decision in writing to the employee and the supervisor.
4. Level Three
If the grievance is not resolved to the employee’s satisfaction he/she may request a review by the Board of Education. This request must be submitted not later than five (5) working days after receipt of the Superintendent’s decision. The request shall be submitted in writing through the Superintendent who shall forward it along with all related papers to the Board of Education. The Board shall review the grievance and, at the option of the Board, hold a hearing with the employee, and shall render a decision in writing within thirty (30) calendar days of receipt of the grievance by the Board.

5. Arbitration
a. If the decision of the Board does not resolve the grievance to the satisfaction of the employee and the employee wishes review by a third party, he shall so notify the Board through the Superintendent within ten (10) working days of receipt of the Board’s decision, except in the case of grievances involving any of the following points:
1) Any matter for which a method of review is prescribed by law or any rule or regulation of the State Commissioner of Education or any matter to law is either
a) beyond the scope of Board authority or

b) limited to action by the Board alone.

2) A complaint of an employee in a non-tenured position which is made solely by reason of his not being employed, re-employed, retained or continued in his position.
b. The following will be used to secure the services of an arbitrator:
1) A joint request will be made to P.E.R.C. to submit a roster of persons qualified to function as an arbitrator in the dispute in question.

2) If the parties are unable to determine, within ten (10) working days of the initial request for arbitration a mutually satisfactory arbitrator from the submitted list, P.E.R.C. may be requested by either party to designate an arbitrator.

c. The arbitrator shall limit himself to the issues submitted to him and shall consider nothing else. He can add nothing to, nor subtract anything from the Agreement between the parties or any policy of the Board of Education. The decision of the arbitrator shall be final and binding. Only the Board and the aggrieved and his representative shall be given copies of the arbitrator’s decision. This shall be accomplished within thirty (30) days of the completion of the arbitrator’s hearings.

d. The parties involved in the arbitration shall be responsible for all costs incurred by each, and only the fee and expenses, if any, of the arbitrator shall be shared by each party paying one-half (1/2).

The Board will give primary consideration to the best interest of the school district including as its primary consideration qualifications to perform the work and then seniority.

1. District-wide seniority shall begin the first (1st) day of employment in the district and shall end with the termination of employment;

2. Job classification seniority shall begin on the first (1st) day of employment in that job classification and shall cease to accumulate on the last day of service in that job classification. There are two job classifications within this unit: foreman and head custodian.

1. Time spent in the job classification of foreman counts toward foreman classification seniority.

2. Time spent in the job classification of head custodian counts toward both head custodian and foreman classifications’ seniority.

3. If a head custodian’s position is abolished and she/he is not senior to any other head custodian, he/she may claim a foreman position if he/she has seniority over any incumbent foreman under the calculation of seniority of E. 3. above, whether or not he/she has served as a foreman.

4. Employees affected shall be recalled in reverse order of layoff in their respective job classification, with the most senior employee being recalled first.

a. The Board shall provide written notice of recall to the last known address of the employee. Such notice shall be sent by certified mail, return receipt requested.
b. An employee will have seven (7) calendar days from receipt of the recall notice to reply to the notice.
c. An employee who fails to respond in a timely manner or who turns down the position is removed from the recall list.

d. A riffed employee remains on the recall list for three (3) from the date of layoff.

5. Nothing in this section shall limit the Board in determining which position shall be abolished or to which work site a recalled employee shall be assigned.

E. All applicants shall be considered and will be given a reply to their application. The Superintendent shall determine the qualifications and abilities of the employees who apply; and in the event two (2) applicants are of equal experience, skill and ability, the applicant with the greater seniority shall be awarded the job.

F. The decision of the Superintendent in determining promotions, transfers and assignments for the filling of vacancies and new positions shall be final.

G. All current Head Custodians and Custodian Foremen employed as of July 1, 2001 shall maintain their tenure status as a custodian. Any head custodian or night foreman hired after January 26, 1998 shall not be eligible for tenure status as a custodian. At the beginning of the fourth year of employment, said custodians can only be terminated for just cause with the determination on just cause to be made by a neutral third party with the decision binding on both the Board and the Association.

The hourly rate shall be determined by dividing the annual salary rate by two thousand eighty (2,080) hours for day shift custodians and one thousand nine hundred fifty (1,950) hours for night shift custodians. Double time shall be paid for work performed on Sundays and holidays when the Board of Education requires work on those days.

1. Medical coverage through the New Jersey State Health Benefits Plan. Employees may choose either: a) the traditional Blue Cross/Blue Shield major medical plan; b) the PPO plan; or c) an HMO plan. The Board contribution to b) or c) will not exceed the appropriate premium level under a).
2. Dental insurance for employee only through the New Jersey Dental Service Plan with a $25.00 deductible. Effective July 1, 2001, unit members are eligible for family dental. Effective July 1, 2005, the Board’s maximum contribution to the family dental plan shall not exceed $565 over the single plan cost per enrolled unit member per year. If the cost of such insurance exceeds the per enrolled unit member cost of $565 plus the single plan cost, the additional cost shall be borne by unit members covered by the family plan.

4. Unit members whose official employment commences on or after July 1, 2001 shall be covered by single prescription and dental insurance for the first three (3) years of employment. Said unit members may buy into other enrollment levels.

1. Employees shall earn twelve (12) days of sick leave for twelve (12) months of service. Each day of absence covered by sick leave shall constitute service performed.

2. Bargaining unit members newly employed on or after August 1st of any year shall, at the time of employment, be credited with sick leave at the rate of one (1) day for each month or portion of a month remaining in the work year.

3. Sick leave not taken during the year shall be credited and accumulated from year to year without limit.

4. Employees who have completed fifteen (15) years of service in South Brunswick will, upon retirement from the District, receive payment for all accumulated sick days at the rate of $40 per day. On July 1, 2003, this rate shall increase to $45 per day.

5. In the event of the death of an employee who had completed fifteen years of service to the District, the above amount shall be paid to his/her estate.

1. Total Disability
a. Results from bodily injuries or disease, and

b. wholly prevents the employee from engaging in his/her regular occupation; or assuming duties assigned by his/her superior taking into consideration the nature and degree of the disability.

c. The employee must be under the care of a physician. The Board may require examination and statements from doctors of its own choosing as frequently as it is deemed necessary. The Board shall pay the cost of its examining physician(s).

2. Eligibility
a. Extended total disability benefits shall be payable to all full-time employees who are on an annual contractual arrangement with the South Brunswick School system, regardless of the term of service previously performed prior to total disability.

b. Benefits shall not be available to any employee who has been notified in writing that his/her services are to be terminated or his/her contract not renewed, prior to the start of total disability, except as provided in paragraph d. below.

c. Benefits shall not be available to any employee who submits his/her resignation in writing prior to the start of his/her total disability.

d. Benefits to an employee whose services are to be terminated by a certain date, for whatever reason, and whose total disability preceded the notice of termination of such services, shall be paid only to the date of such termination provided that the employee is totally disabled at that time.

e. A recurrence of the same disability within one hundred and eighty (180) days of discontinuance of benefits shall be considered a continuation of the original disability.

3. Benefits
a. An employee becomes eligible for payment under this section only after using one hundred percent (100%) of available accumulated sick leave days or waiting thirty (30) calendar days after the onset of the disability, whichever is longer.

b. The amount of the monthly payments shall be determined in the following manner:

1. The basic monthly salary shall be computed by dividing the annual salary by the number of months the employee is required to perform service, as provided in the annual contract.

2. Ten (10) month employees (from September to June) shall not be eligible for benefit payments under this program during the months of July and August.

c. Payments shall be made at the rate of sixty-seven percent (67%) of the employee’s salary subject to the limitations of e. below, at the time disability began except that there shall be a two-thousand five-hundred dollar ($2,500) monthly limit on payments under this Section.

d. The number of months that benefits shall be payable shall be determined by dividing the total number of months of service as an employee by four (4). Benefits shall also be payable for a portion of a month. The maximum number of months that benefits shall be payable is twelve (12).

e. In no case shall benefits be payable concurrently with payments received by an employee for retirement under the Social Security Program or any State employee’s or employee’s pension plan.

f. Benefits under this program shall be reduced by the amount of any Workers Compensation payments and by disability payments under Social Security. The employee shall be required to apply for such payments, if potentially eligible. Failure to qualify for either Workers Compensation or Social Security disability payments shall not disqualify payment of benefits under this extended disability provision.

g. The employee shall be required to apply for permanent disability payments under P.E.R.S. if potentially eligible. Once disability eligibility begins under this Article, and if any employee is eligible for Social Security disability payments, his or her payments under this Section shall not be further reduced by any cost-of-living increases under the Social Security Act.

4. Exclusion of Benefits
a. Benefits shall not be payable for a disability resulting from:
1) Disease or bodily injury willfully and intentionally self-inflicted.

2) Injury incurred or disease contracted prior to becoming an employee of the South Brunswick School System, unless employed for more than three (3) years in the system.

3) Declared or undeclared war, insurrection, invasion, rebellion, revolution, Civil War, or Civil Riot.

4) Benefits shall not be payable while a salary is being paid through the use of accumulated sick leave.

5. Procedure for Applying for Benefits
a. An application for total disability benefits under this program must be accompanied by a physician’s certificate listing the nature and condition and the length of total disability of the employee.

b. An application for total disability shall be submitted only after the sick days, under the terms of B.3.a have been used to cover absence resulting from his/her total disability or, in the event the employee has less accumulated sick leave days than can cover the alternative waiting period, thirty (30) calendar days, whichever is longer.

1. A leave of absence without pay shall be granted for maternity reasons to any female head custodian or foreperson subject to the following conditions:
a. Any requests for maternity leave shall normally be made three (3) months prior to the effective leave date. Said request shall be submitted both to the School Principal and Superintendent.

b. Maternity leave can be continued until the beginning of the third year after the school year containing the maternity leave. If the employee so elects, she may return to her job at the beginning of either of the two (2) intervening school years. By mutual agreement between the employee and the Superintendent, she may return at any time during the two (2) intervening school years.

c. The date when an employee shall continue her duties shall be determined on an individual basis, in accordance with the physical well being of the employee.

d. The date of return from maternity leave shall be determined on an individual basis in accordance with the physical well being of the employee.

e. The Board of Education shall pay the cost of medical insurance three (3) months following the start of the leave or one (1) month following the birth, whichever occurs first.

2. An employee not on tenure who becomes an expectant mother shall give written notice of the fact at least three (3) months before confinement date. The date of her resignation and termination of her services shall be determined on an individual basis. Should she wish to return to the staff at a later date, careful consideration shall be given to her application. If the date of termination should fall on or after April 1st of the third (3rd) year of the probation period and she is recommended for tenure, the date of her possible return shall be determined by the same policy as given a return of employees on tenure.

D. Personal Leave

1. Employees shall be entitled to three (3) days or six (6) half-days personal leave per year with pay. Personal leave shall not be cumulative and must be applied for at the earliest possible date. Personal leave may not be used to extend a vacation or holiday period.

2. Bargaining unit members newly employed on or after January first (1st) of any year shall be granted one (1) full personal day or two (2) half days to cover the balance of the work year.

3. Unused personal leave days for each year shall be converted to sick days and added to the employee’s accumulated sick leave at the end of each school year.

No salary deduction shall be made for absence when subpoenaed to be a witness in court.

Those regular employees called for jury duty shall be paid at their regular rate, and shall not be required to report to work.

Employees shall be granted a bereavement leave of five (5) days for a death in the immediate family. Immediate family shall constitute parent, step-parent, parent-in-law, sister, sister-in-law, brother, brother-in-law, spouse, child, grandparent, grandchild or any domestic partner. One (1) day leave of absence with pay shall be granted to attend the funeral of any other relative or close friend.

Whenever any employee, entitled to sick leave under this Section or under N.J.S.A.18A:30-1 or 18A:30-2, is absent from his post of duty as a result of personal injury caused by an accident arising out of and in the course of employment, the Board shall pay to such employee the full salary of wages for the period of such absence for up to one (1) calendar year without such absence charged to the annual sick leave or the accumulated sick leave. Salary or wage payments shall be made for such absence during the waiting period and during the period the employee received or was eligible to receive a temporary disability benefit under Chapter 15 of Title 34, of the Revised Statutes. Any payment of salary or wages paid or payable to the employee pursuant to this Section shall be reduced by the amount of any workers compensation award made for temporary disability.

H. Applying for Leave of Absence

All leaves of absence must be applied for in writing.

An employee may leave his building during his assigned working day, with permission from his immediate supervisor.

1. A head custodian or foreman on staff prior to July 1, 1984 shall be entitled to a paid vacation each year according to the following schedule:

Continuous Service Entitled to Paid
Performed Prior to July 1 Vacation Days

3 months or less None
4 months 3
5 months 4
6 months 5
7 months 6
8 months 7
9 months 7
10 months 8
11 months 9
1 year but less than 5 years 10
5 years to 7 years 15
8 years to 10 years 17
11 or more years 20

2. Employees newly hired on or after July 1, 1984 shall be entitled to a paid vacation each year according to the following schedule:
Continuous Service Entitled to Paid
Performed Prior to July 1 Vacation Days

5 months or less None
6 months completed service 5
7 months completed service 6
9 months completed service 7
10 months completed service 8
11 months completed service 9
12 months completed service 10
5 years but less 8 full years 15 8 years but less 11 full years 16 11 years but less 15 full years 17
15 years or more service 20

1. Employees shall be entitled to sixteen (16) paid holidays during the school year, as listed below:

Independence Day 1 day
Labor Day 1 day
Yom Kippur 1 day
N.J.E.A. Convention 2 days
Thanksgiving Day 1 day
Following Thanksgiving 1 day
December 24 1 day
December 25 1 day
December 31 1 day
New Year’s Day 1 day
Martin Luther King Day 1 day
President’s Day 1 day
Good Friday 1 day
Easter Monday 1 day
Memorial Day 1 day

2. If school is open on any of the above holidays, it shall not be a guaranteed holiday. However, in that case, another day agreed to by the individual employee and the supervisor shall be a holiday.

B. Unless specified, all positions are on a twelve (12) month basis.

C. Effective July 1, 2001, the annual clothing and safety shoe allowance will be $450.00. The allowance will be limited to approved uniform, shoe, and outwear apparel. All unit members will be required to wear uniforms and safety shoes while on duty.

D. Increments or other increases may be withheld for inefficiency or other just cause. The employee shall be given written notice stating the reasons said increases have been withheld. Upon receipt of such notification, the employee may, within twenty (20) school days, file a grievance in accordance with the prescribed procedure set forth in Article 4 of this Agreement. Said grievance shall commence at Level Two.

E. Employees with 12 to 15 years of service in the district shall receive a longevity payment of $300 annually. Employees with 15 or more years of service with the district shall receive a longevity payment of $1320.

F. The Board shall approve and reimburse employees who participate and complete programs and/or course. Furthermore, each class hour of a completed course and/or program shall be considered the equivalent of one (1) point awarded. Employees shall be compensated as follows on an accumulated point schedule:

More than 100 but less than 500 $500.00
500 points but less than 1000 $1000.00
1000 points but less than 1500 $1500.00
1500 points but less than 2000 $2000.00
More than 2000 $2500.00

All courses or programs must receive prior written approval from the Board of Education.

2. Payroll Deduction Schedule

a. ten (10) days after receipt of the aforesaid list by the Board; or

b. thirty (30) days after the employee begins his or her employment in a bargaining unit position, unless the employee previously served in a bargaining unit position and continued in the employ of the Board in a nonbargaining unit position or was on layoff, in which event the deductions will begin with the first paycheck paid ten (10) days after the resumption of the employee's employment in a bargaining unit position, whichever is later.

D. The parties agree that per diem substitutes and hourly employees are excluded from this agency fee payment.


E. Indemnification and Save Harmless Provision

1. Liability

The Association agrees to indemnify and hold the Board harmless against any liability which may arise by reason of any action taken by the Board in complying with the provisions of this Article, provided that:

a. the Board gives the Association timely notice in writing of any claim, demand, suit or other form of liability in regard to which it will seek to implement this paragraph; and

b. if the Association so requests in writing, the Board will surrender to it full responsibility for the defense of such claim, demand, suit or other form of liability and will cooperate fully with the Association in gathering evidence, securing witnesses and in all other aspects of said defense.

1. If by the Association, to the Board at

2 If by the Board, to the Association at the residence of the President of the Association. The Association shall file with the Board a letter designating the President of the Association during the term of this Agreement.

B. Within sixty (60) days after this Agreement is adopted, copies shall be printed and distributed, at Board expense, to all persons included within the scope of said Agreement.

C. This Agreement shall be effective as of July 1, 2005, and shall continue in effect through June 30, 2008.

D. Should a change in this Agreement be mutually agreed upon, it shall be reduced to writing and signed by the Presidents of the respective parties, and adopted by the Board.

Beecher $47,125
Blum $35,550
DiCicco $47,125
Donato $35,550
Ferraro $48,323
Hobor $35,550
Kelly $47,125
Murphy $48,565
O’Connor $48,175
Pateman $50,288
Phillips $48,771
Rock $33,780
Sudnick $48,125
Teixeira $47,125

Using the above base salaries for 2005-2006, the base shall be increased by 4.7% for 2006-2007 and by 4.6% for 2007-2008. The parties agree to mutually distribute said monies over 2005-2006 base salaries and add an sidebar regarding same to this Agreement.