II. GRIEVANCE PROCEDURE PAGEREF _Toc206403224 \h 4

III. VACATION PAGEREF _Toc206403225 \h 6

IV. TEMPORARY LEAVES OF ABSENCE PAGEREF _Toc206403226 \h 7

V. EXTENDED LEAVES OF ABSENCE PAGEREF _Toc206403227 \h 9

VI. WORK HOURS PAGEREF _Toc206403228 \h 11

VII. SALARIES PAGEREF _Toc206403229 \h 12

VIII. HEALTH PROGRAM COVERAGE PAGEREF _Toc206403230 \h 13

IX. MISCELLANEOUS PAGEREF _Toc206403231 \h 14

X. PAYMENT FOR UNUSED SICK LEAVE PAGEREF _Toc206403232 \h 16

XI. REPRESENTATION FEE PAGEREF _Toc206403233 \h 18

XI. DURATION OF AGREEMENT PAGEREF _Toc206403234 \h 20

CUSTODIAL SALARY GUIDE PAGEREF _Toc206403235 \h 21

21
{F&H00029060.DOC/2}

Custodians

Groundsmen

Bus Drivers

Part-time employees working less than 25 hours per week

Temporary employees hired for less than a ninety (90) day period

Supervisor of Maintenance

School Facility Supervisors

If by the Association to the Board:
Superintendent of Schools
32 Ruckman Road
Hillsdale, New Jersey 07642
If by the Board to the Association:
Association President
School Building Address or Home Address

The use of masculine or feminine gender in this Agreement shall be construed as including both genders and not as sex limitations.

A "grievance" shall mean a complaint by an employee of the Public School System or the Hillsdale Education Association who claims that there has been to him a personal loss, injury or inconvenience because of a violation, misinterpretation or misapplication of the contract, an administrative decision, including disciplinary determination, and/or an established policy governing the employees' terms and conditions of employment. The term "grievance" shall not apply to:

Any matter for which a method of review is prescribed by law, or

any rule or regulation of the State Commissioner of Education, or

a complaint of an employee which arises by reason of his not being reemployed.

Procedure

Level One - Principal or School Facility Supervisor (Informal)

Any employee who has a grievance shall discuss it orally with his Principal or School Facility Supervisor in an attempt to resolve the matter informally at that level. If as a result of the discussion the matter is not resolved to the satisfaction of the employee within ten (10) school days, he shall set forth his grievance in writing to the Principal or School Facility Supervisor specifying:

the nature of the grievance including what contract provisions, Board policy, or administrative decision is being grieved and what remedy is being sought.

The nature and extent of the injury, loss, or inconvenience.

The results of previous discussions.

Level Two - Principal and Business Administrator/Board Secretary

The employee may appeal the Principal's or School Facility Supervisor’s decision to the Business Administrator/Board Secretary within ten (10) school days. The appeal to the Business Administrator/Board Secretary must be made in writing reciting the matter submitted to the Principal or School Facility Supervisor as specified above. The Business Administrator/Board Secretary shall attempt to resolve the matter as quickly as possible but within a period not to exceed ten (10) school days. The Business Administrator/Board Secretary shall communicate his decision in writing to the employee.

Level Three - Superintendent

The employee may appeal the Business Administrator/Board Secretary's decision to the Superintendent of Schools within ten (10) school days. The appeal to the Superintendent must be made in writing reciting the matter submitted to the Business Administrator/Board Secretary as specified above. The Superintendent shall attempt to resolve the matter as quickly as possible but within a period not to exceed ten (10) school days. The Superintendent shall communicate his decision in writing to the employee.

Level Four - Board of Education

If the grievance is not resolved to the employee's satisfaction, he may request a review by the Board of Education within ten (10) school days. The request shall be submitted in writing through the Superintendent of Schools who shall attach all related papers and forward the request to the Board of Education within ten (10) school days. The Board, or a committee thereof, shall review the grievance and may hold a hearing with the employee within thirty (30) calendar days of receipt of the grievance by the Board. The Board shall render a decision in writing within thirty (30) calendar days of receipt of the grievance by the Board or within thirty (30) calendar days of the date of the conclusion of the hearing with the employee.

Level Five - Arbitrator

If the employee is dissatisfied with the decision of the Board of Education, the Hillsdale Education Association may request the appointment of an arbitrator, such request to be made known to the Superintendent no later than two weeks after the decision in writing of the Board of Education was made known. Nothing in this Agreement shall prevent the Board and the Association from requesting arbitration on items which are consonant with the definition of grievance. The following procedure will be used to secure the services of an arbitrator:

A 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. The parties shall be bound by P.E.R.C. rules in the selection of an arbitrator.

Costs: The cost for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, will be borne equally by the Board of Education and the Hillsdale Education Association. Any other expenses incurred shall be paid by the party incurring them.

There will be thirteen (13) paid holidays per school year based upon a schedule approved by the Board of Education prior to June 30 of each school year. The school calendar and scheduled paid holidays may be altered on short notice subject to any emergencies that may arise.

Vacation

Employees will be eligible for two weeks' Summer vacation after one (1) full year of service; three weeks after five full years; and four weeks after twelve full years. After eight full years of service, employees shall receive one (1) additional day vacation for each full year of service up to a maximum of four (4) weeks. For less than one full year of service prior to July 1, an employee will receive one day's Summer vacation for each full month served to a maximum of ten work days.

Employees who have earned three weeks of vacation must take a minimum of two (2) weeks’ vacation during the summer break. Employees who have earned four weeks vacation must take a minimum of three (3) weeks during the summer break. The remaining days/weeks will be scheduled during the school year with the approval of the Superintendent of Schools or his designee. The employee may request a waiver of this requirement to the Superintendent or his designee. The decision of the Superintendent is final and shall not be subject to the provisions of the grievance procedure. Unused vacation days may be carried into the following year subject to the approval of the Superintendent.

Personal Days

Five (5) days for personal, legal, business, household, paternity or family matters which require absence during school hours. Notification to the Superintendent through the Building Principal or immediate superior of personal leave shall be made at least three (3) days before taking such leave except in the case of emergency. The employee shall not be required to state a reason for taking such leave other than he is taking it under this section, except in the event the employee is to take such a day immediately before or after a holiday in the Hillsdale School District. In such case, the employee shall give the specific reasons, in writing, for such day(s) and shall be subject to a salary reduction of 1/480 of his/her annual salary for each day taken. This reduction may be waived by the Superintendent. The decision of the Superintendent is final and shall not be subject to the provisions of the grievance procedure.

Absence initiated by the Administration or Board for employees to attend meetings or conventions concerning school business shall not be credited to the above provision.

Up to five (5) days at any one time in the event of death of an employee's spouse, child, children-in- law, parent-in-law, sister, brother, sister- or brother-in-law, or any other member of the immediate household.

One (1) day at any one time in the event of death of a relative. If death occurs at a distance, extended time for traveling may be granted by the Superintendent with pay, less the established rate of a substitute.

In the event of the death of a teacher, employee or student in the school district, a representative number of employees, such number to be at the Superintendent's discretion, in consultation with the Building Principal and Association leadership, shall be granted time off to attend the funeral. Personal Days, as described in Part A above, may not be used to circumvent this section.

The employee shall be granted three (3) days' absence during any given school year without loss of pay. In addition, the school employee may claim additional days at the rate of salary less the established rate of substitute pay, during the school year for the same purpose. In no case will a salary allowance for absence due to illness in the immediate family be granted beyond the five (5) days during any school year. Application of this clause shall be made through the Superintendent’s office.

Time necessary for persons called into temporary active duty of unit of The U.S. Reserves or State National Guard, provided such obligations cannot be fulfilled on days when school is not in session. This will be in accordance with statutory requirements.

Any employee who is inducted or enlists in any branch of the armed forces of the United State shall be granted a leave of absence, without pay, for the period of said induction or initial enlistment.

Leave for employees under this section shall be in compliance with the Family Leave Act S-2035 C.261-1989, with the following additions:

A female employee shall notify the Superintendent of her pregnancy, in writing, accompanied by her physician's note stating expected date of delivery, at least twelve (12) weeks prior to the requested commencement date of the leave unless a shorter period of time for such notice is made necessary by the medical condition of the employee.

Child Care Leave shall commence on a date mutually acceptable to the employee and the Board of Education, with exact dates of the leave to be arranged, if possible, with the least disruption to the operation of the school system.

The Board need not grant or extend the leave of absence of any nontenured employee beyond the end of the contract school year in which the leave is obtained unless the Board, in its own discretion, agrees to an extension of said leave.

The grant of Child Care Leave to an employee shall under no circumstances be deemed to be an offer of employment within the meaning of N.J.S.A., 18A:27-10 for any school year or portion of a school year in which such leave is granted.

If an employee wishes to return to work after the close of the school year, she may do so at the beginning of the first or second September lst (if the date of leave is during the school year) or the second September lst (if the child is born during July or August) provided she gives the Board notice in writing on or before March lst of the year she intends to return. If an employee wishes to return to school on the first February 1st following the date she left, she must give notice in writing to the Board by the previous November 1st.

No employee shall be removed from her duties during pregnancy solely because she is pregnant. She may be removed based upon one of the following conditions:
Her performance has substantially declined from the accepted standard of performance established for the employees in which such person is employed.

The employee is found to be medically unable to continue working by her own physician and the Board's physician, or where these physicians disagree, by a third physician jointly selected by the Board's and the employee's physician whose opinion on medical capacity shall be final and binding.

Any other grounds for which a nonpregnant employee may be removed.

An employee adopting a child shall receive similar leave which shall commence upon receiving de facto custody or earlier if necessary to fulfill the requirements for adoption.

(Immediate family as defined in Article IV, B.)

A leave under this section shall be in compliance with the Family Leave Act, S-2035 C.261-1989 with the following addition. A leave of absence without pay up to one year may be granted for the purpose of caring for a member of the employee's immediate family.

Good Cause

Other leaves of absence up to one year without pay may be granted by the Board for good reason such as, but not limited to, appointment or election to serve in a full-time position of State or National professional or Governmental organization or agency, career or life re-evaluation, temporary reassignment of employee's spouse, with the following restrictions:

To be eligible an employee must have seven (7) years of service in the district.

The leave must be taken from September 1 - June 30 of a given school year.

Only one person per year will be granted a leave under this section on a first come-first serve basis.

The leave is subject to the approval of the Superintendent of Schools.

Employees on extended leaves of absence shall notify the Administration before March 1st of his/her desire to return effective September 1st.

Work a forty (40) hour week.

Work eight (8) hours per day excluding one-half (1/2) hour for lunch or dinner.

Receive two (2) fifteen minute breaks per eight (8) hour work day.

Receive Time and One Half (1-1/2) for all hours worked over eight (8) hours in one day or over forty (40) hours in any one week.

Receive Double Time for all hours worked on Sundays and Holidays, and if required to work during their approved vacation period.

Receive a minimum of four (4) hours at the proper overtime rate of pay when called to return to work outside of his regular scheduled work day. All overtime remuneration shall be at the proper rate.

Receive overtime remuneration at the proper rate for hours worked prior to the regularly scheduled shift.

Paid sick days (8 hours).

Vacation days (8 hours).

Personal days (8 hours).

Holidays (8 hours).

Other approved paid leaves (8 hours).

All employees may be called in to work the day shift on days school is closed and that students and teachers are not required to report for the following reasons:

Emergency School Closings due to snow storms, other weather conditions, boiler failure, etc.

School Holidays as noted on the School Calendar adopted by the Board of Education, employees will work a seven (7) hour day.

Increments are not automatically granted. A satisfactory rating upon evaluation by the School Facility Supervisor and Building Principal or the Supervisor of Maintenance, (whichever is appropriate) each year is essential for an increase to be granted. Withholding of an increment will be done in accordance with Title 18:29-14.

An employee who does not hold a Fireman's Low-Pressure Boilers License (Black Seal) shall start at $400.00 less than the appropriate step on the Custodial Salary Guide in existence at the time of his/her employment.

Upon successful completion of obtaining a Fireman's Low-Pressure Boilers License (Black Seal), an employment contract will be issued at the prorated amount of the appropriate step of the applicable Salary Guide from the date of issuance of contract.

Each night shift custodian shall receive a pay differential of three (3) percent over his scheduled salary. Custodians assigned to a mid-afternoon/early evening shift will receive a pay differential of one and a half (1 ½) percent over his scheduled salary.

The Board agrees to compensate employees who have completed the following years of service in the Hillsdale School System at the indicated increase in base salary.

TIER I	TIER II
Employed Prior to July 1, 1999	Employed On or After July 1, 1999
15 Years	$140021 Years$1500
18 Years	$1900
21 Years	$2400
24 Years or more	$2900

Such service shall be completed prior to July 1 for twelve-month employees, and prior to September 1 for ten-month employees.

The Board will pay the full premium for individuals eligible under State law and eligible dependents for all health insurance presently included in the New Jersey State Health Benefits Program. (Eligible employees are defined as employees working twenty-five (25) hours or more per week.) Employees hired prior to July 1, 1999, who worked more than twenty-two (22) hours per week during the 1998-99 school year, whose work hours are subsequently reduced to twenty (20) or more will continue to receive all benefits as outlined above. In addition, employees who worked more than twenty-two (22) hours during the 2004-05 school year will continue to receive all benefits as outlined above as long as they continue to work a minimum of twenty-two (22) hours in the Hillsdale School District.

The School Employees' Health Benefits Program of the State Health Benefits Program shall be the base medical plan for all employees.

The Board shall provide for coverage of eligible employees and eligible dependents in the New Jersey Dental Plan, Inc., or other plan which is mutually accepted. An "eligible employee" under this Paragraph B of this Article VIII shall be an employee who is eligible to receive the Health Plan Benefits of Paragraph A of this Article VIII and was employed by the Board prior to July 1, 1995. Employees hired on or after July 1, 1995, will be subject to a twenty-five (25) percent co-pay for their initial three (3) years of employment.

The Board will furnish foul weather gear for outdoor use as follows:

5- White School 2- Meadowbrook School 2- Smith School.

The Board agrees to purchase and supply three shirts of choice and three pairs of pants at or near the beginning of each year of employment as well as $200 towards the purchase of additional clothing with the requirement that safety tipped shoes be purchased yearly and be worn at all times.

Receipts must be presented by the employee to the Business Administrator in order to receive reimbursement for the shoes and/or other items of clothing which may be purchased at the employee’s choice of stores. Each custodian at all times of employment shall continue to be dressed in proper uniform.

New employees shall serve a probationary period of ninety (90) days before a contract is issued. The services of new employees may be terminated upon one week's notification by either the employer or the employee. Probationary employees will not be eligible for paid vacation days, sick days, temporary leave days, as stated in Article IV, during the 90-day probationary period.

All employees hired on or after July 1, 2002, must obtain a Fireman's Low-Pressure Boilers License (Black Seal) and a CDL School Bus Drivers License within nine (9) months of employment. Extensions may be granted by the Superintendent of Schools upon recommendation by the School Business Administrator/Board Secretary.

After the probationary period and obtaining a Fireman's Low-Pressure Boilers License (Black Seal), employees will be offered a yearly contract which expires on June 30 of each year. New contracts are issued for the year beginning July 1 and ending June 30.

Notification of Status shall be given on or before May 31 of each year. The Board shall give to each employee either:

A written offer of a contract for employment or,

A written notice that such employment shall not be offered.

Any employee who receives a notice of non-employment may, within ten (10) days thereafter, request from the School Business Administrator/Board Secretary a written statement of reasons for the discharge. Such statement of reasons shall be delivered by the School Business Administrator/Board Secretary to the employee within ten (10) days of the filing of the request. The employee, within ten (10) days may appeal the decision of the School Business Administrator/Board Secretary to the Superintendent of Schools. The Superintendent of Schools will render a decision on the appeal within ten (10) days. The decision of the Superintendent of Schools will be final.

All probationary employees are required to successfully pass a physical examination prior to being issued an annual contract. The Board of Education will pay the cost of the physical when the employee goes to a Board Approved physician. Employees may go to their own physician at their own expense.

The employee must have at least thirteen (13) years of service in the Hillsdale School District as of the effective date of retirement or the date of death. In computing the required thirteen (13) years of service, any paid or unpaid leave of absence having a time duration of one-half of a school year or longer shall not be counted.

The employee must have at least sixty-five (65) days of accumulated sick leave as of the effective date of retirement or the date of death. In computing the required number of days of accumulated sick leave, only sick leave days accruing under the provisions of N.J.S.A. 18A:30-2 shall be counted. In no event shall sick leave days accruing or awarded under the provisions of N.J.S.A. 18A:30-2.1, 18A:30-6 or any other law be counted.

Where the claim for payment of unused sick leave is based upon the retirement of the employee, the employee must have filed a bona fide application for retirement with the Public Employees' Retirement System of New Jersey under the applicable provisions of law and the application so filed must request the payment of a pension commencing immediately on the effective date of the employee's retirement from the Hillsdale School District; it being the intention of the parties to this agreement that a deferred retirement of the employee shall not qualify for the payment of unused sick leave.

A written application requesting payment for unused sick leave shall be filed by or on behalf of the employee with the Hillsdale Board of Education no later than twelve (12) calendar months immediately following the effective date of retirement or the date of death of the employee, whichever shall first occur. In no event shall payment for unused sick leave be made if the required application is filed after the expiration of the twelve (12) month period.

A written notice of intention to retire complying with the provisions of this Paragraph B may be filed with the Hillsdale Board of Education in lieu of the written application specified in Section (4) of Paragraph A of this Article X, if such written notice of intention to retire is filed prior to the expiration of the twelve (12) month time period specified in said Section (4) of Paragraph A; it being the intention of the parties to this agreement that no payment for unused sick leave shall be paid to any employee unless either the written application specified in Section (4) of Paragraph A or the written notice of intention to retire specified in this Paragraph B is filed with the Board prior to the expiration of the twelve (12) month period specified in Section (4) of Paragraph A.

When the employee is living at the time of payment of this benefit, payment shall be made directly to the employee.

When the employee is deceased at the time of payment of this benefit, payment shall be made to the person named by the employee as beneficiary to receive this benefit on a "Beneficiary Designation" form provided by the Hillsdale Board of Education. If the employee shall fail to name a beneficiary to receive this benefit or if the person so named shall be deceased at the time of payment of this benefit, payment shall be made to the employee's estate.

Notification. 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 representation fee to be paid by non-members will be determined by the Association in accordance with the law.

On or about September 15 of each year, the Board will submit to the Association a list of all employees in the bargaining unit.

On or about December 1 of each year, the Association shall notify the Board as to the names of those employees who are required to pay the representation fee.

The Association will notify the Board in writing of any changes in the list provided for in the preceding paragraph and/or the amount of the representation fee, and such changes will be reflected in any deductions made more than ten (10) days after the Board receives said notice.

On or about the last day of each month, beginning with the month this Agreement becomes effective, the Board will submit to the Association a list of all employees who began their employment in a bargaining unit position during the preceding thirty (30) day period. The list will include names, job titles, dates of employment, and places of assignment for all such employees. The Board will also notify the Association of any change in the status of an employee regarding transfer, leave of absence, return from leave, retirement, resignation, separation from employment, or death.

The Board will deduct from the salaries of the employees referred to in paragraph 2 of the preceding subsection the full amount of the yearly representation fee in equal installments beginning with the first paycheck in January.

If an employee who is required to pay a representation 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 from the last paycheck paid to said employee during the membership year in question.

In witness whereof the parties hereto have caused this Agreement to be signed by their respective presidents, attested by their respective secretaries, all on the day and year first written.

HILLSDALE EDUCATION ASSOCIATION, INC.


BY:
President



BY:
Secretary



HILLSDALE BOARD OF EDUCATION


BY:

James D. Hayden, Jr.
President

STEP		2008-2009		2009-2010		2010-2011
1		36,885		38,060		38,960
2		38,090		39,400		40,160
3		39,345		40,740		41,360
4		40,640		42,080		42,560
5		41,975		43,420		44,260
6		43,360		44,810		45,960
7		44,795		46,250		47,660
8		46,280		47,740		49,360
9		47,815		49,280		51,060
10		49,400		50,870		52,760
11		51,035		52,510		54,460
12		52,720		54,200		56,160
13		54,455		55,940		57,860
14		56,240		57,730		59,560
15		58,075		59,570		61,260
16		59,960		61,460		62,960