AGREEMENT BETWEEN THE
BOARD OF EDUCATION OF THE CITY OF RAHWAY
IN THE COUNTY OF UNION
AND
THE RAHWAY ADMINISTRATORS AND SUPERVISORS ASSOCIATION
AS MAJORITY REPRESENTATIVE OF CERTAIN PUBLIC EMPLOYEES
FOR THE PERIOD
JULY 1, 2006 THROUGH JUNE 30, 2009
TABLE OF CONTENTS
I. Association Recognition and Purpose of Contract .................... 1
II. Duration ..................................................... 2
III. Successor Agreement ..................................................... 2
IV. Association Privileges ..................................................... 2
V. Administrator Employment ..................................................... 3
VI. Payment Schedules …................................................. 3
VII. Majority Determination .................................................... 4
VIII. Promotions .................................................... 4
IX. Administrator Evaluation .................................................... 5
X. Teacher and Administrative Facilities ............................ 5
XI. Protection of Teachers, Administrators, Students, and Property… 5
XII. Sick Leave ................................................................................. 6
XIII. Insurance Protection and Medical Benefits...................................... 7
XIV. Deductions From Salaries ........................................................ 8
XV. Absence Policy ........................................................ 10
XVI. Holidays ......................................................... 13
XVII. Professional Development Program ............................................. 14
XVIII. Mileage ................................................................... 15
XIX. Schedule B Personnel Contract Extension ................................ 15
XX. Grievance Procedure ........................................................ 16
XXI. Administrator Rights ........................................................ 20
XXII. Retention of Rights ........................................................ 20
XXIII. Administrative Salary Guides ......................................................... 21
Appendix A Salary Range 2006 – 2009
Appendix B Schedule of Salaries
WITNESSETH:
WHEREAS, in accordance with N.J.S.A. 34:13A-1 (Laws of 1968, Chapter 303),
hereinafter referred to as the Law, the parties hereto have negotiated certain agreements
as set forth in a Memorandum of Agreement dated January 27, 2004, the terms and provisions of which have been incorporated herein, and the Board has determined certain other items hereinafter included for information, and the parties hereto have negotiated written policies setting forth grievance procedures for the purposes set forth in the Law.
THEREFORE, it is agreed as follows:
ARTICLE I
ASSOCIATION RECOGNITION AND PURPOSE OF CONTRACT
The Board acknowledges with the Association that is has recognized said Association as the exclusive and sole representative for collective negotiations concerning the terms and conditions of employment of the following group of employees:
all certificated administrative, supervisory personnel, psychologists, and those staff members having administrative or supervisory responsibility, but not including the Superintendent of Schools (hereinafter referred to as the "Superintendent"), Assistant Superintendent, Business Administrator, Board Secretary, and Supervisor of Maintenance. Such represented employees are hereinafter referred to as "Members of the Association", whether they have actually joined the Association or not.
The Association was so recognized by the Board on December 18,1968, and the purpose of This Agreement is to set forth the continuing terms of the understanding between the parties. Members of the Association shall be divided into those who work Schedule A and those who work Schedule B, as more fully described elsewhere in This Agreement.
1 ARTICLE II
DURATION
A. The term of This Agreement shall be three years, commencing
on July 1, 2006 and ending on June 30, 2009.
B. It is specifically agreed that this clause setting forth the
period under which This Agreement shall be in force shall not prevent the
parties from negotiating during said period for successor agreements and
said negotiations should be encouraged by each side.
C. The parties agree that automatic salary increases, adjustments,
or increments shall no longer occur after the expiration of This Agreement, since
they are not permitted by law.
ARTICLE III
SUCCESSOR AGREEMENT
The Board of Education and the Association agree to commence collective
negotiations regarding a successor agreement to This Agreement no later than
October 15, 2008. Both parties agree to meet at reasonable times and to
negotiate in good faith.
Representatives of both the Board and the Association agree that their
members shall be given full authority to negotiate, but any agreement reached
shall be subject to ratification by the respective bodies.
ARTICLE IV
ASSOCIATION PRIVILEGES
The Board, after having consulted with the Association as representative
of the employees and learning of the employees' desire in this area, has
determined as follows:
A. The Association, as majority representative, shall
have the right to place in one school, at its expense in a
room normally used by administrators, if practical, one
bulletin board to be utilized exclusively by the Association
for its own Association business.
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B. The Board agrees to continue to allow the Association to
have access to use of buildings on proper notice to the
Superintendent in accordance with rules and regulations
established by the Board.
ARTICLE V
ADMINISTRATOR EMPLOYMENT
The Board agrees that it shall direct its Superintendent to offer contracts
for the next school year to those members of the Association already employed
who are to be reemployed for the following year, not later than April 30th of the
current year, to the extent possible. However, failure to do so shall not be deemed
to create any contractual obligation not otherwise specifically provided by law.
ARTICLE VI
PAYMENT SCHEDULES
The Board agrees to pay all members of the Association covered in
this Agreement in 24 equal semimonthly payments for the 2006-07 and 2007-08 school years. Effective July 1, 2008, Schedule B members will be paid in 20 equal semimonthly payments for the period September 1st to June 30th and Schedule A employees will be paid in 24 equal semimonthly payments for the period July 1st to June 30th. The Board will make available to Schedule B employees a summer payment plan in accordance with N.J.S.A 18A:29-3.
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ARTICLE VII
MAJORITY DETERMINATION
In order that the Association's position, as the duly
recognized collective negotiation agent for the employees in the appropriate
bargaining unit will be clear, it is agreed that representatives designated
or selected by public employees for the purposes of collective negotiation by the
majority of the employees in a unit appropriate for such purposes or by a
majority of the employees voting in an election conducted by the Board as
authorized by the Law, shall be the exclusive representatives for collective
negotiation concerning the terms and conditions of employment of the employees
in such unit. Anything herein shall not be construed to prevent any official
from meeting with an employee organization for the purpose of hearing the facts
and requests of its members in such unit so long as:
A. The majority representative is informed of the meeting.
B. Any changes or modifications in terms and conditions of
employment are made only through modification with the
majority representative; and
C. A minority organization shall not present or process
grievances.
The parties hereto agree that the definition of "Board" as used in this
section shall mean the Public Employment Relations Commission, except that
if two competing organizations agree, the Board of Education may conduct the
election.
ARTICLE VIII
PROMOTIONS
The Board, after having consulted with the Association as
representative of the employees and learning of the employees' desire in
this area, has determined as follows:
A. The Board shall post on the bulletin boards all positions
of a promotional nature and openings in special subject
areas, and shall also set forth the requirements for
same. It is further agreed that it will post a notice when
said job has been filled, which notice need not give names
or other details other than the position has been filled.
4 B. Any member of the Association, who is appointed by the Board
to hold a position in an Acting capacity shall be paid in accordance
with Article XXIII during the period in which such Acting position
Is held.
ARTICLE IX
ADMINISTRATOR EVALUATION
The Board, after having consulted with the Association as representative
of the employees and learning of the employees' desires in this area, has determined
that the Board shall continue its present procedure and does hereby adopt a policy
which directs that each member of the Association shall be provided with a copy
of every evaluation made of him or her and that each member of the Association
shall be permitted to submit written answers to any evaluation which he or she
desires to answer. Members of the Association shall acknowledge receipt of
evaluations in writing when presented.
ARTICLE X
TEACHER AND ADMINISTRATIVE FACILITIES
The Board agrees that it shall work toward implementing adequate teacher/administrative lounges in all schools in this district. The Board further
agrees that it shall work toward a goal of providing adequate office space for each
subject area.
ARTICLE XI
PROTECTION OF TEACHERS, ADMINISTRATORS, STUDENTS AND PROPERTY
Title 18A:6-1 is quoted below:
"No person employed or engaged in a school or
educational institution, whether public or
private, shall inflict or cause to be
inflicted, corporal punishment upon a student
attending such school or institution; but any
such person may, within the scope of his
employment, use and apply such amounts of
force as is reasonable and necessary:
5 A. To quell a disturbance, threatening physical injury to
others;
B. To obtain possession of weapons or other dangerous
Objects upon the person or within the control of a pupil;
C. For the purpose of self-defense; and
D. For the protection of persons or property; and such acts,
or any of them, shall not be construed to constitute
punishment within the meaning and intendment of this
section. Every resolution, by-law, rule, ordinance, or
other act or authority permitting or authorizing corporal
punishment to be inflicted upon a pupil attending a school
or educational institution shall be void."
ARTICLE XII
SICK LEAVE
A. All members of the Association who work Schedule B shall
receive 14 sick days, which are cumulative; all members of the Association
who work Schedule A shall receive 15 sick days, which are cumulative.
B. Upon request, any member of the Association shall submit to
the Superintendent a doctor's certification, with respect to the use of any sick
days.
C. The Board shall pay for each unused sick day, at the time of
retirement, as approved by the New Jersey Division of Pensions, additional
compensation to each member of the Association computed by adding a differential of
$10.00 to the payment similarly made to members of the Rahway Education
Association for each corresponding year of this agreement. The estate of an
employee who dies while employed by the Board, shall also receive such a
payment calculated in the same manner. The Board reserves the right to offer an enhanced payment for sick days.
Upon retirement, any member that meets the requirement of
Paragraph C, may elect to receive one payment for unused sick days, or to have payments made into a 403(b) post retirement plan.
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ARTICLE XIII
INSURANCE PROTECTION AND MEDICAL BENEFITS
A. The Board shall pay the full premium for each member of the
Association and, in cases where appropriate, for family plan coverage. Coverage
is to include Blue Cross, Blue Shield, Rider J, and a Major Medical Program under
"New Jersey Public and School Employees Health Benefits Plan", or a plan or plans
providing the equivalent or better benefits.
For each member of the Association who remains in the employ
of the Board for the full school year, the Board shall make payment of premiums to provide insurance coverage for the full twelve (12) month period covered by
This Agreement. When necessary, payment of premiums on behalf of any member
of the Association shall be made retroactively or prospectively to assure uninterrupted
participation and coverage, subject to approval of the insurance company.
B. Each member of the Association shall be reimbursed up to $175.00
for costs actually incurred in taking biannual physical examination by an MD or
DO upon submission of proof of payment and production of a copy of the physician's
report as to the patient's condition. In addition, each member of the Association, who
has reached the age of 45, shall be reimbursed for an annual physical examination on
the terms above stated.
C. Each member of the Association participating in the UNUM Income Protection Plan shall be reimbursed at the rate of $150 per year.
D. The Board shall pay the full premium for a dental insurance plan to
provide coverage for each member of the Association and any eligible dependent coverage with a deductible of fifty dollars ($50.00) per individual and one hundred fifty dollars ($150.00)per family. The dental insurance maximum for those employees that select Delta Advantage/Preferred and a Delta Advantage/Preferred participating dentist shall be $2,000 per year and for those that select Delta Premier shall be $1,500. The Board shall have the right to provide this benefit through the use of alternative providers (not including self-insurance), to obtain competitive proposals for such benefit, and to provide members of the Association with coverage for this benefit, which may involve a different plan from that covering other Board employees, so long as the members of the Association shall continue to be covered by a plan providing the equivalent or better benefits as compared to the current coverage. Should the Association determine that the different plan so selected does not provide equivalent or better benefits as compared to the current coverage, the Association shall have the right, pursuant to the
provisions of Article XX of This Agreement and paragraph B.1.d. in particular, immediately to seek the appointment of an arbitrator, who shall determine the issue.
Costs of such arbitration shall be borne equally by the Board and the Association. Such
an arbitration proceeding shall not be included in the calculation of the three requests
per year for which the Board and the Association shall share costs.
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E. The Board shall provide a co-payment prescription plan, for each member of the Association with the following co-pay provisions: ten dollars ($10.00) for brand name; five dollar ($5.00) generic. These rates apply to in-store and mail order. The Board shall have the right to provide this benefit through the use of alternative providers (not including self-insurance), to obtain competitive proposals for such benefit, and to provide members of the Association with coverage for this benefit which may involve a different plan from that covering other Board employees, so long as the members of the Association shall continue to be covered by a plan providing the equivalent or better benefits as compared to their current coverage. Should the Association determine that the different plan so selected does not provide equivalent or better benefits as compared to the current coverage, the Association shall have the right pursuant to the provisions of Article XX of This Agreement and paragraph B.1.d. in particular, immediately to seek the appointment of an arbitrator, who shall determine the issue. Costs of such arbitration shall be borne equally by the Board and the Association. Such an arbitration proceeding shall not be included in the calculation of the three requests per year for which the Board and the Association shall share costs.
F. Whenever there shall be a change in coverage, the Board shall provide to
each member of the Association a description of the health care insurance coverage
provided under this Article no later than the beginning of each school year, which shall
include a clear description of conditions and limits of coverage as listed above.
ARTICLE XIV
DEDUCTIONS FROM SALARIES
A. Each party recognizes the existence of N. J. S. A. 52:14 - 15.9e,
covering deductions from salary, which statute is incorporated herein
by reference as if fully stated.
B. Representation Fee:
1. The Association shall, on or before October 1, deliver to
the Board a written statement containing the following:
a. A statement that the Association has determined the
amount of representative fee in accordance with the
formulated requirements of N. J. S. A. 34:13-5.4.
b. A statement that the Association has established a
"demand and return system" in accordance with the
requirements of the law.
8 c. A statement establishing the amount of yearly
representation fees to be deducted from the
salaries of each nonmember. Such representation
fees shall not exceed eighty-five percent (85%) of
the regular membership dues, fees and assessments.
d. A list of all employees represented by the
Association who have failed to arrange for and
become members of the Association and a request
that the representation fee of such nonmembers be
deducted in accordance with the Agreement.
2. Beginning with the first full pay period in November, the
Board will commence deductions from salaries of such employees
in accordance with paragraph 3 below, the full amount of the
representation fee and will promptly transmit the amount so
deducted to the Association.
3. Pay deduction schedule:
The Board shall deduct the representation fee equally, as nearly
as possible, from the paychecks paid to each employee
on the aforesaid list, during the remainder of the membership
year in question. The deductions will begin with the first paychecks:
a. In November, or
b. Thirty (30) days after the employee begins his/her employment
in a Bargaining Unit Position, unless the employee previously
served in a bargaining 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. The mechanics for deductions of representation fees and the transmission of such fees due to the Association, as nearly as possible, shall be the same as those used for the deductions or regular membership to the Association.
4. 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 during the preceding thirty (30) day period. The list will include names, job titles, and date of employment for all employees.
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5. The Association hereby agrees to indemnify, defend and save harmless, the
Board from any claim, suit, or action of any nature whatsoever which may be brought at law or in equity, or before any administrative agency with regard to or arising from the deduction from the salaries of any employees of any sum of money as a representation fee under the provisions of the Agreement.
ARTICLE XV
ABSENCE POLICY
The following absence policy as presently revised is made a part of this
Agreement as follows:
A. Temporary absence, with pay, may be authorized by the
Superintendent to members of the Association for the
following:
1. Coverage will be attempted for absences to 1-1/2-
2 hours to permit him or her to attend a special
occasion that involves a child or spouse.
2. Coverage will be attempted for the day that he or
she receives a degree, if the award is made during
a school day.
3. Within the framework of Board policy or guidelines,
for other events such as: workshops, conferences,
conventions, accrued vacations.
B. If environmental conditions exist that prevent or delay the
arrival of a member of the Association to work on those days
when school is closed for students and teachers as the result of an
emergency closing, the member of the Association shall
notify the Superintendent. The Superintendent may excuse
the member of the Association for all or part of the day involved.
C. Death Policy:
Full pay deductions except for death in family as follows:
7 days: Spouse, Child
5 days: Father, Mother, Brother, Sister, Mother-
in-Law, Father-in-Law, Grandchildren,
Grandparents with a domicile in the home
of the employee.
10 3 days: Any other relative with a domicile in the
home of the employee, and a grandparent with
a domicile other than in the home of the
employee.
1 day: Any other relative not residing in the home
of the employee.
NOTE: Bereavement days shall commence within two (2) working
days of the death, and said days shall be taken consecutively.
D. Leave of Absence:
A Leave of Absence may be granted by the Board, for tenured
personnel only, for reasons of health or professional improvement,
without pay only.
E. Jury Duty:
If a deferment for Jury Duty has been requested by a member
of the Association and said request was denied by the court, the
member of the Association shall suffer no loss of pay for serving
on the jury, provided he or she submits a copy of the request
for the postponement and a copy of the denial of the postponement.
F. Each member of the Association shall be authorized to take two (2)
days absence for personal business, for the conducting of such
business which could not otherwise be conducted during non-school
hours, provided that the request for such an absence be made in
writing and presented to the Superintendent at least ten (10) days
prior to the requested date or dates, whenever reasonably possible
for non-emergency requests, and such requests shall set forth
the reason for same. The Superintendent, or his designee, may
authorize the use of personal days subject to the needs of the
school district. In addition, each member of the Association who
accumulates fifty (50) sick days or more as of June 30 shall be
authorized to take a third days absence for personal business under
the same conditions given above.
G. Unused personal days shall accumulate up to a maximum of four (4)
days. Any additional unused personal days shall accumulate as sick
days. Any personal days not creditable to sick days shall be credited
to vacation days to be used during the following calendar year. Not
more than two personal days shall be granted in any calendar month
nor shall any personal day be granted the day preceding a holiday
or the day after a holiday without prior approval.
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H. 1. Absence before 11:00 a.m. will be charged as a full
day to the appropriate category above.
2. Absence after 11:00 a.m. will be charged as a half-day to
the appropriate category above.
I. Vacations:
1. All Schedule A members of the Association shall accumulate
vacation days at the rate of two (2) per month at the end
of each month until the maximum of 22 days per year
is reached. In addition, such members of the Association
shall be entitled to six (6) additional vacation days (on a
pro-rata basis should any such member of the Association
terminate employment during any year of This Agreement).
2. All Schedule B members of the Association, in addition to
vacation during July and August of any year of This Agreement,
shall be entitled to five (5) additional vacation days (on a pro-
rata basis should employment terminate during any year of
This Agreement). It is the intention of the parties that such
additional days be taken to the extent possible and consistent
with the needs of the system during periods when school is
not in session, but subject, however, to the fact that all
vacation days shall be scheduled for use as approved by the
Superintendent.
3. In addition, twelve (12) month administrators may utilize
vacation days during the school year, when school is in
session subject to the approval of the Superintendent.
4. The Superintendent may, when requested, approve
compensatory days for members of the Association.
5. Up to five (5) vacation days may be carried over to
the following year with the Superintendent's prior
approval.
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6. Accumulated Vacation Days
"A" Employees
The maximum number of vacation days (accumulated and carried over) available for use in any contract year shall be 33 days. Any days in excess of the 33 days shall no longer be available for the employee's use. In the event of death payment will be made to the estate of the member for unused vacation days.
"B" Employees
The maximum number of vacation days (accumulated and carried over) available for use in any contract year shall be 10 days. Any days in excess of the 10 days shall no longer be available for the employee's use. In the event of death, payment will be made to the estate of the member for unused vacation days.
J. Schedule "B" Employee Work
Schedule B employees shall work five workdays during the last two weeks in August in return for five compensatory days to be taken during the year in which they are earned when school is not in session and with the approval of the Superintendent based upon the needs of the district.
ARTICLE XVI
HOLIDAYS
Fourteen (14) legal holidays will be afforded for Schedule A members
of the Association, and thirteen (13) legal holidays will be afforded for Schedule B
members of the Association, as determined by the Superintendent.
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ARTICLE XVII
PROFESSIONAL DEVELOPMENT PROGRAM
A. The Board will support, through its annual budget, in the amount of
$12,500.00 for each year of This Agreement, an administrative development program to be determined by and administered by the Superintendent.
Such a program shall include tuition reimbursement at the going State College rate, upon prior approval of the Superintendent. Further, such a program may include provision for payment of dues to professional associations (excluding NJPSA dues), attendance to conventions, conferences, seminars and other such activities, which in the judgment of the Superintendent, shall contribute to the professional development of the administrative staff.
The Professional Development amount ($12,500) will be divided equally amongst all members, establishing an allotment that each member may use during the school year subject to the approval of the Superintendent. All requests for use of funds must be completed by May 15th.
Between May 15th and June 1st members shall submit proof of payments of all approved Professional Development. Should members not receive approval for use of the full amount of their allotment, after June 15th, the remaining balances will be divided equally among those members whose approved Professional Development costs have exceeded their allotment. In no instance will members receive reimbursement greater than their approved expenses.
July 1st: $12,500 divided by number of RASA members establishing a per member amount.
May 15th: Last date that members may submit PD request
June 1st: Last day that members may submit PD expenses in excess of annual allotment.
June 15th: Monies that remain in PD line divided equally by those that submitted requests in excess of allotment.
B. Vice Principal Mentoring Evaluation Reimbursement
A staff member that had tenure in the district before becoming a vice principal or principal would receive reimbursement up to $3,100 for costs incurred in NJ Leader-to-Leader costs during the first two years of his/her time as a vice principal or principal in two equal payments; the first near the end of the first year and the second near the end of the second year.
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A staff member that enters the district as a vice principal or principal would receive reimbursement up to $3,100 for costs incurred in NJ Leader-to-Leader costs during the first three years of his/her time as a vice principal or principal in three equal payments; the first near the end of the first year, the second near the end of the second year and the third near the end of the third year.
Employees receiving such reimbursement will have the amount of the reimbursement withheld from their paychecks issued during the sixty-day notice period should they leave the district before two years after receiving the reimbursement.
ARTICLE XVIII
MILEAGE
A. Association members who are required to travel within the district
in accordance with their job descriptions shall be reimbursed at the per mile
rate established from time to time by the Internal Revenue Service, in existence
as of July 1, which rate shall apply for the entire 12 months following. These
members shall include and be limited to Supervisor of Services for Children,
Director of Curriculum and Instruction, Supervisors, Program Directors, and Psychologists.
B. Travel other than local by members of the Association not listed
in "A" above shall apply for the entire 12 months following.
ARTICLE XIX
SCHEDULE B PERSONNEL CONTRACT EXTENSION
The Superintendent may determine that any member of the Association presently employed on Schedule B may be extended annually. Such a contract extension shall be compensated on a pro-rata basis at the rate of forty-five dollars($45.00) in 2006-07, forty-six dollars ($46.00) in 2007-08 and forty-seven dollars ($47.00) in 2008-09 per-hour worked. Such contract extension shall be mutually agreed upon.
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ARTICLE XX
GRIEVANCE PROCEDURE
A. DEFINITIONS
The term "grievance" means a complaint by any member of
the Association that, as to him or her, there has been an
inequitable, improper, or unjust application,
interpretation, or violation of a policy, agreement or
administrative decision affecting said employee.
The term "grievance" and the procedure relative thereto,
shall not be deemed applicable in the following instances:
1. The failure or refusal of the Board to renew a
contract of a non-tenured employee, except that
appeal for renewal of contract ends with private
hearing before the Superintendent.
2. In matters where the Board is without authority to
act.
The term "employee” shall mean any Member of the
Association and shall include any organization, agency, or
person authorized or designated by any employee or any
group of employees, or by a public employee’s
association, or by the Board to act on its or their
behalf and to represent it or them, except that should a
majority representative be selected, then in accordance
with Law, said majority representative shall act as
representative for all employees (members of the association).
The term "party" means an aggrieved employee, his or her
immediate superior, the school principal or any staff
member below the Superintendent who may be affected by
the determination of the Superintendent in connection with
the procedure herein established.
B. PROCEDURES
1. FOR AN INDIVIDUAL'S GRIEVANCE PROCEDURE:
a. the aggrieved member of the Association will present
his or her grievance in writing to his or her immediate
superior, or if none, to the Superintendent, who
16 will render his or her written decision no later than
the fifth working day after receipt of the grievance.
b. (1) In the event that the aggrieved member of the
Association shall wish to appeal from the decision
rendered pursuant to paragraph 1, he or she shall
within five (5) working days request in writing the
person rendering the decision to forward the
grievance and the one or two decisions thereon to
the Superintendent with a notice of accomplishment
of the forwarding to be provided to the aggrieved
member of the Association. Within 10 working days
from the receipt of the request for appeal, the
Superintendent will call a hearing at which the
aggrieved member of the Association and those
persons rendering decisions under paragraph 1,
shall be present. The aggrieved member of the
Association may appear on his or her own behalf and
may designate in writing not more than two other
persons to appear with him or her on his or her
behalf.
The Superintendent shall at said hearing seek to secure all evidence pertinent to the questions and will render his decisions with reason(s) in writing no later than ten (10) working days from the date of the hearing to all parties in interest. Formal rules of evidence shall not be followed at this hearing.
(2) If the immediate superior is the Superintendent, then c. would apply.
In the event that the aggrieved member of the Association shall wish to appeal from the decision of the Superintendent, he or she shall within five (5) working days file with the Secretary of the Board of Education a notice of his or her appeal, whereupon the Secretary of the Board shall secure from the Superintendent the entire file on the matter, and the Board will review the proceedings and within a maximum of five (5) weeks of the date of the notice of appeal hold a private hearing to review the matter. If the appellant, in his or her appeal to the Board does not request a hearing, the Board may consider the appeal on the written record submitted to it, or the Board may advise appellant they deem it beneficial to conduct a
17
hearing and set a date for hearing and conduct same. Where the appellant requests in writing a hearing before the Board, a hearing shall be held.
The Board of Education shall, at said hearing, seek to secure all evidence pertinent to the appeal including the presence of the aggrieved and/or not more than two
representatives. The Board of Education shall render its decision of the appeal within one (1) month of the hearing.
d. In the event a member of the Association is dissatisfied with the determination of the Board, then the Association at its sole option may request the appointment of an arbitrator pursuant to the rules and regulations established by the American Arbitration Association with the cost to be borne equally by the Board and the Assocation as to the first three requests in each year of the Contract, and for all others by the party requesting arbitration.
A request for arbitration shall be made no later than fifteen (15) days following the determination of the Board. Failure to file within said time period shall constitute a bar to such arbitration unless the member of the Association and the Board shall mutually agree upon a longer time within which to assert such a demand. This provision is discretionary on the part of the appellant and need not be utilized if the appellant to the Commissioner of Education desires a direct appeal. Even should said provision be utilized, the appellant retains all further rights of appeal. The arbitrators shall limit themselves to the issues submitted to them and shall consider nothing else. They shall neither add to nor subtract from This Agreement between the parties. The findings of the arbitrators shall be binding. Only the Board, the Association, and the grievant together with his or her representative shall be given copies of the arbitrator's findings. These findings shall be rendered within thirty (30) days of the completion of the arbitration proceedings.
e. The Board has no further jurisdiction beyond the steps set forth above. However, in the event that the grievance shall remain unresolved after action by the Board, the aggrieved party will so notify the Board within ten (10) working days. There remain two (2) more levels of referral:
18 (1) The Commissioner of Education of the State of New Jersey, or through the State Board of Education pursuant to applicable statutes.
(2) The Civil Courts. Procedures for referral here are established by the Commissioner's Office and by law respectively.
2. FOR GROUP GRIEVANCE PROCEDURE:
a. In the event that a group of members of the Association shall have a common grievance, this grievance may be presented to the Superintendent of Schools by a representative of their choosing, in which case the Superintendent of Schools shall investigate the grievance and call a hearing within ten (10) working days, at which time representatives of the aggrieved employees shall be present together with any other persons whom the Superintendent of Schools may require in order to secure all evidence pertinent to the appeal. Thereafter, the procedure for the appeal from the Superintendent's decision shall follow in accordance with paragraph 3 hereof.
NOTE: As to both 1 and 2 above, inaction at any stage of the period specified for action shall be construed as negative finding.
NOTE: A member of the Association processing a grievance shall be assured freedom from restraint, interference, coercion, discrimination, or reprisal. The status quo shall be maintained pending resolution of said grievance.
19 ARTICLE XXI
ADMINISTRATOR RIGHTS
The Board, after having consulted with the Association as representative of the employees and learning of the employees' desires in this area, has determined as follows:
A. Whenever any member of the Association is required to appear before the Board or any committee or member thereof concerning any matter which could adversely affect the continuation of that administrator in his/her office, position, or employment, or the salary or any increments pertaining thereto, said member shall be given prior written notice of the reasons for such meeting or interview and shall be entitled to have a person of his or her own choosing present to advise and represent said member during such meeting or interview.
B. Any member of the Association shall have the right to comment in writing as to any non-confidential material placed in his or her file, and such comment shall be attached to the original material. Should said member of the Association desire a copy of said non-confidential material, said member shall have the right to do so by either copying said material by hand or by having copies made of
said material at the Board Office, the cost of said copies to be borne by said administrator. Said requests for inspection shall be limited to two (2) in any one (1) academic year, and upon reasonable notice by said administrator to the Office of the Superintendent. The Superintendent shall have said files available for inspection at times agreed upon between those involved.
ARTICLE XXII
RETENTION OF RIGHTS
Both the Board and the Association retain all rights to act in accordance with legal
authority granted them; unless and except as specifically agreed herein under such authority, no practice, act, or omission shall supersede the aforesaid rights of either party or restrict either party in the exercise of said rights.
20
ARTICLE XXIII
ADMINISTRATOR SALARY GUIDES
The base salaries of all members of the Association shall be determined using the following information:
2006-2007: Increase base of $2,675,032 by 3% to create the salaries shown in Appendix A. In year one of this agreement (2006-07), members may sell back to the board up to three (3) vacation days at three-hundred dollars ($300.00) per day.
2007-2008: Increase the base established for 2006-07 by 3.6% or the CPI as established by the State Department of Education for purposes of defining the school budget cap, which ever is lower. Individual salaries to be determined in the same manner as established for the 2006-2007 school year.
2008-2009: Increase the base established for 2007-08 by 3.6% or the CPI as established by the State Department of Education for purposes of defining the school budget cap, which ever is lower. Individual salaries to be determined in the same manner as established for the 2006-2007 school year.
B. On promotion within the same schedule (A to A, B to B), the promotee shall
receive a salary as determined by the range for the position to which the
promotee is assigned, which gives the promotee a minimum of $2,000.00
above the salary the promotee would have been at had he/she stayed at his/her previous position. On promotion from one schedule to another (B to A), the promotee shall receive a salary determined by the range for the position to
which the promotee is assigned which would give promotee a minimum of
$3,430 above the salary the promotee would have received had he/she stayed at his/her previous position.
C. Minimum/Maximum Salary Ranges - As per the attachment.
D. Longevity
A unit member entering his/her 16th year of service in Rahway shall receive a pensionable longevity increase in base salary of $1,000.00 per year.
A unit member entering his/her 21st year of service in Rahway shall receive a pensionable longevity increase in base salary of $1,500.00 per year.
A unit member entering his/her 31st year of service in Rahway shall receive a pensionable longevity increase in base salary of $2,000.00 per year.
21
IN WITNESS WHEREOF the parties hereto have caused This Agreement
to be signed by their respective Presidents, attested by their respective representatives, and their corporate seals placed thereon this 24th day of August, 2004.
RAHWAY ADMINISTRATORS AND THE BOARD OF EDUCATION OF
SUPERVISORS ASSOCIATION THE CITY OF RAHWAY IN THE
COUNTY OF UNION
By: By:
ELAINE ROSS FRANK J. CICARELL
PRESIDENT PRESIDENT
ATTEST: ATTEST:
FRANK G. MAURIELLO FRANK R. BUGLIONE
Chief Negotiator Secretary
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| | | | | | | | | | | |
| | 2005-06 | | 2006-07 | 2007-08 | | 2008-09 |  | | | |
| | Min | Max | | Min | Max | Min | Max | | Min | Max |
| | | | | | | | | | | |
| HS Prin | 101,298 | 134,241 | | 101,298 | 137,557 | 101,298 | 141,656 | | 101,298 | 145,902 |
| MS Prin | 97,298 | 125,432 | | 97,298 | 128,748 | 97,298 | 132,847 | | 97,298 | 137,093 |
| Dir / Dist Sup | 95,003 | 128,391 | | 95,003 | 131,707 | 95,003 | 135,806 | | 95,003 | 140,052 |
| Elem Prin | 88,354 | 118,012 | | 88,354 | 120,831 | 88,354 | 124,315 | | 88,354 | 127,924 |
| HS / MS VP | 90,498 | 120,766 | | 90,498 | 124,082 | 90,498 | 128,181 | | 90,498 | 132,427 |
| Grade Level Sup | 88,938 | 118,976 | | 88,938 | 122,292 | 88,938 | 126,391 | | 88,938 | 130,637 |
| Psych | 72,579 | 103,552 | | 72,579 | 106,371 | 72,579 | 109,855 | | 72,579 | 113,464 |
| Elem VP | 81,394 | 98,997 | | 81,394 | 101,816 | 81,394 | 105,300 | | 81,394 | 108,909 |
| Prog Dir (A) | 80,138 | 112,646 | | 80,138 | 115,962 | 80,138 | 120,061 | | 80,138 | 124,307 |
| Prog Dir (B) | 73,404 | 93,738 | | 73,404 | 96,557 | 73,404 | 100,041 | | 73,404 | 103,650 |
| | | | | | | | | | | |
| | | | | Increase of A = | 3,316 | Increase of A = | 4,099 | | Increase of A = | 4,246 |
| | | | | Increase of B = | 2,819 | Increase of B = | 3,484 | | Increase of B = | 3,609 |
| | | | | | | | | | |
| | | | | | | | | | |
| | | | | | | | | | |
| Note: | Any employee who was a member of the association as of June 30, 2003, | | | | | | | | |
| | that was on an MA guide, who attains 30 credits beyond their Masters, | | | | | | | | |
| | will receive an increase of salary of $3,210.00 | | | | | | | | |
| | | | | | | | | | |
|