(a). Any matter for which a method of review is prescribed by law or which by law is exclusively within the discretion of the Board.

(b). Any rule or regulation of the State Department of Education or the State Commissioner of Education having the force and effect of law.

(c). Any matter which according to law is beyond the scope of Board Authority.

The number of days allotted at each step of the grievance procedure is to be considered as a maximum time limit. Every attempt should be made to resolve grievances as quickly as possible.

The employee, with his shop steward, shall take up the grievance with the Supervisor of Buildings and Grounds within ten (10) working days of its occurrence or within ten (10) working days from the date on which the grievant should reasonably have known of its occurrence. The grievance must contain (1) a statement of the nature of the grievance; (2) the specific contractual provision(s) alleged to have been violated; and (3) the specific relief sought. The Supervisor of Buildings and Grounds should respond to the grievance within three (3) working days of the grievance hearing.

If the employee is not satisfied with the first step answer, he may, within five (5) working days, present the grievance to the Business Administrator or designee who shall schedule a second step hearing within ten working days, and shall render his decision within five (5) working days of the hearing.

If the employee is not satisfied with the second step answer, he may, within five (5) days, present the grievance to the Superintendent of Schools, who shall schedule a third step hearing within ten (10) working days. At this hearing, in addition to the M.I.E.A. Lead Shop Steward, the grievant may be represented by the M.I.E.A. President. The Superintendent of Schools shall render his decision within five (5) working days of the grievance hearing.

If the employee is not satisfied with the third step answer, he may, within five (5) working days, present the grievance to the Board of Education or a Committee thereof, which shall schedule a grievance hearing within fifteen (15) working days of receipt of the grievance. At this step, the employee may be represented by Counsel in addition to the M.I.E.A. Lead Shop Steward and M.I.E.A. President. The Board of Education shall render its decision within five (5) working days of the date of the grievance hearing.

(a). In the event the grievant is dissatisfied with the determination of the Board of Education aforesaid, and in the further event that the grievance involves the interpretation or application of this contract, the matter may be submitted to arbitration. A request for arbitration shall be made in writing no later than fifteen (15) working days following the determination of the Board. Failure to request arbitration within said period of time shall constitute an absolute bar to such arbitration unless the Board of Education and the M.I.E.A. shall mutually agree upon a longer time within which to assert such a demand.

(b). The arbitrator shall have no power or authority to add to, subtract from, change or modify any of the terms of this agreement.

(c). Within ten (10) working days after the M.I.E.A. shall have delivered the written request for arbitration, the Board and the M.I.E.A. shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified time period, a request for a list of arbitrators shall be made to the Public Employment Relations Commission, and the parties shall abide by the procedures of the Commission for the selection of the arbitrator.

(d). The arbitrator so selected shall confer with the representatives of the Board and the M.I.E.A. and shall hold hearings promptly, and he shall issue his decision not later than twenty (20) calendar days from the close of hearings, or if oral hearing has been waived, then from the date that the final statements and proofs are submitted to him. The arbitrator's decision shall be in writing and shall set forth his findings of fact, reasoning and conclusions on the issue submitted. The decision of the arbitrator shall be submitted to the Board and the Association and shall be advisory only.

(e). The costs for the services of the arbitrator including per diem expenses, if any, and the cost of the hearing room, if any, shall be borne equally. Any other expenses incurred shall be paid by the party incurring such expenses.

1. Any work performed by an employee in the bargaining unit on a Sunday shall be paid for such work at two (2) times his regular rate.

1. Each employee in the bargaining unit shall be given a written accounting of his or her accumulated sick leave days available no later than September 30th of each school year.

1. In case of more than three (3) consecutive days absence, a physician's certificates hall be filed with the Immediate Supervisor in order to be eligible for any sick leave pay.

1. In order to be eligible for sick leave pay, the employee involved shall notify his Immediate Supervisor or the Supervisor of Buildings and Grounds at least two (2) hours prior to the start of his normal tour of duty unless the cause of the absence does not occur until less than two (2) hours. In the latter situation, the employee shall give as much notice as is possible under the circumstances.

1. Whenever any employee is absent from his or her post of duty as a result of a personal injury caused by an accident arising out of and in the course of his employment, he or she shall be paid the full salary or wages for the period of such absence for up to one (1) calendar year without having such absence charged to the annual sick leave or the accumulated sick leave. Salary or wage payments shall be made for 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 amount of salary or wages paid or payable to the employee pursuant to this section shall be reduced by the amount of any worker's compensation award made for temporary disability. During this period, the employee shall not accrue vacation or sick benefits except for a month during which he worked more than half the work days in that month.

(b). Child Care Phase: Where the requested leave dates are beyond the period of disability associated with pregnancy and are for child care purposes as defined above, the employee shall be granted, at her discretion, a leave for the balance of the school year in which the birth occurred. Any further extensions of childcare leave shall be discretionary with the Board of Education. The Board need not grant or extend the leave of absence of any employee beyond the end of the contract school year in which the leave is obtained.

(a). For the death of a parent, child, brother, sister, grandparent, grandchild, spouse, parent of spouse, son-in-law or daughter-in-law a period of five (5) consecutive days per incident with one of the days being the day of interment or cremation.

(b). For aunt, uncle, nephew, niece, sister-in-law, brother-in-law, one (1) day per incident.

An employee claiming the leave shall verify compliance on a form designed by the Superintendent of Schools.

(a). Court Subpoena

(b). Marriage of employee or marriage in the immediate family

(c). Recognition of a Religious Holiday

(d). Personal business which cannot be handled outside of school hours. The application form for leave made pursuant to this subsection shall not require the employee to specify the nature of the personal business, but shall simply require the employee to indicate that the leave is being applied for pursuant to this subsection.

(e). Any other emergency or urgent reason approved by the Superintendent.

An employee retiring from the Marlboro Township School District shall receive payment for accumulated sick leave at retirement subject to the following conditions:

(a). the employee shall have completed at least twelve (12) years of continuous service in the school district as a custodian, mechanic, assistant mechanic, maintenance mechanic, grounds personnel or truck driver/custodian;

(b). the employee shall have at least 50 accumulated sick days at the time of the effective date of retirement; and

(c). the employee who retires shall be eligible for, apply for, and immediately receive PERS pension payments upon leaving the district.

(a). 1-50 days of accumulated sick days = $22.00 per day

(b). 51-200 days of accumulated sick days = $30.00 per day

(c). The maximum payment under this provision shall not exceed $5,600.00 per employee.

1. Effective July 1, 2006, an employee who receives employee only health benefits shall contribute annually toward the cost of said coverage according to the following schedules:

1. Effective July 1, 2006, an employee who receives dependent health coverage other than an employee covered under paragraph D. 2., above, shall contribute annually toward the cost of said coverage according to the following schedule:

1. All deductions shall be made in equal monthly installments through payroll deduction.

1. The Board of Education shall maintain an IRS 125 Plan.

Effective July 1, 2007, an employee who waives his/her right to receive the dependent health benefits he/she had been receiving, inclusive of the prescription drug plan but exclusive of dental coverage, shall receive an annual taxable cash waiver payment of $2,500.

In order to receive payment as set forth above, an employee must elect and apply each year to opt-out for that entire plan year during the annual open enrollment period. The employee must also submit written documentation of other continuous, ongoing health benefits coverage twice each year, once in order to opt out during the open enrollment period and once again no later than the December 10 following the annual opt-out decision.

Proof of coverage can be in the form of a letter from the employer of the employee’s spouse, or covered person’s employer, or a letter from the other insurance plan verifying that the employee is covered as a subscriber or dependent under their coverage. Copies of or presentation of other insurance member identification cards will not be accepted as proof of coverage.

Upon proper and timely submission of this documentation, payment shall be made in two equal installments: 50% no later than the December 15 following the annual open enrollment submission date, and the remaining 50% no later than the June 15 following the December 10 submission date.

A new employee hired after the beginning of the work year (July 1) may choose at the time of hiring to opt out of health benefits coverage for the remainder of that plan year provided that the employee submits written documentation of other continuous, ongoing health benefits coverage as described above. Payment to the employee shall be prorated accordingly.

Nothing contained herein shall prevent the employee from re-instating coverage due to a qualifying event as defined by the insurance company, if alternate coverage is no longer available. Should this occur, the annual cash payment shall be pro-rated.

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