B. NEGOTIATING TEAM SELECTION AND AUTHORITY

The parties mutually pledge that their representatives shall be clothed with all necessary power and authority to make proposals, consider proposals and make counter proposals in the course of negotiations. The proceeding shall not, however, be construed to mean that Negotiating Team shall have the power or authority to make a final and binding commitment on behalf of their respective parties.

C. This Agreement shall not be modified in whole or in part by the parties except by an instrument in writing duly executed by both parties.

ARTICLE III

GRIEVANCE PROCEDURE

1. Grievance

2. Aggrieved Person
An “aggrieved person” is the person or persons making the claim.
3. Party of Interest

B. PURPOSE

The purpose of this procedure is to secure at the lowest possible level, equitable solutions to the problems, which may from time to time arise effecting members of the unit. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure.

1. Time Limits

The parties agree, however, that any claim or grievance must be filed at the most appropriate level within thirty (30) calendar days of the occurrence or knowledge of said grievance.

2. Year End Grievances

D. LEVEL I – Immediate Supervisor

A member of the unit with a grievance shall first discuss the grievance with his/her immediate supervisor either directly or through the Association’s designated representative with the objective of resolving the matter informally.

E. LEVEL II – Superintendent of Schools of Schools or Designee

1. If the aggrieved member is not satisfied with the disposition of the grievance at Level I, or if no decision has been rendered within five (5) school days after the presentation of the grievance, he/she may file the grievance, in writing, with the Association with five (5) school days after the decision, or ten (10) school days after the grievance was presented at Level 1, whichever is sooner.

2. Within five (5) school days after receiving the written grievance, the Association shall refer it to the Superintendent of Schools of Schools or his/her designee.

3. The written application for a Level II hearing should include the results achieved at the previous level and the reasons for the employee’s dissatisfaction with the earlier determination.

4. The Superintendent of Schools or Designee shall convene a hearing for the grievance within ten (10) school days of receipt of the application for a Level II hearing.

5. The aggrieved person shall have the right to be present and heard at any meeting of the Superintendent of Schools or Designee convened to hear said grievance.

6. The Superintendent of Schools or Designee shall hear testimony as presented by the District Attorney and the Association at the time of the meeting.

7. The Superintendent of Schools or Designee shall notify the aggrieved person and the Association of the determination within five (5) school days following the hearing.

1. If the aggrieved person is not satisfied with the disposition of his/her grievance at Level II, or if no decision has been rendered within five (5) days after the grievance was scheduled to be heard by the Superintendent of Schools or Designee, he/she, within five (5) school days after a decision by the Superintendent of Schools or Designee or fifteen (15) school days after the grievance was scheduled to be heard by the Superintendent of Schools or Designee, whichever is sooner, request in writing that the Association submit his/her grievance to arbitration.

2. The parties agree that throughout the duration of this agreement, they will use the services of the Arbitrators available to the Paterson Education Association.

3. Upon submission of the notice for arbitration to the Director of Labor Relations, the District and the Association 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 to obtain a commitment to serve within the specified period, a request for a list of arbitrators may be made to the New Jersey Public Employment Relation Commission by either party. The parties shall then be bound by the rules and procedures of the New Jersey Public Employment Relations Commission.

4. The arbitrator so selected shall confer with the representatives of the District and the Association and hold hearings promptly and shall issue his/her decision not later than twenty (20) days from the date of the close of the hearings or, if oral hearings have been waived, then from the date of the close of the hearings or, if oral hearings have been waived, then from the date of the final statements and proofs on the issues are submitted to him. The arbitrator’s decision shall be in writing and shall set forth his findings in fact, reasoning and conclusions on the issues submitted. The arbitrator shall be without power or authority to make any decision, which requires the commission of an act, prohibited by law or which is volatile of the terms on this Agreement. The decision of the arbitrator shall be submitted to the District and Association and shall be binding on the parties in all issues specifically pertaining to this Agreement. It shall be advisory on all other issues not covered by this Agreement.

5. The cost for the services of the arbitrator, including per diem expenses, if any and actual necessary travel, subsistence expenses and the cost of the hearing room shall be borne equally by the District and the Association. Any other expenses incurred shall be paid by the party incurring same.

6. The parties agree that any dispute concerning the calculation, payment or any other issue or dispute concerning this salary provision shall be subject to binding arbitration; the parties further agree that Martin S. Scheinman, Esq. shall serve as arbitrator; if he is unable to serve James W. Mastriani shall serve as arbitrator.

1. MEMBER AND ASSOCIATION REPRESENTATION

2. REPRISALS

H. MISCELLANEOUS

1. GROUP GRIEVANCE

2. WRITTEN DECISIONS

3. SEPARATE GRIEVANCE FILE

4. FORMS

5. MEETINGS AND HEARINGS

B. Nothing contained herein shall be construed to deny or restrict to any Association member such rights as he/she may have under New Jersey School Laws or other applicable laws and regulations. The rights granted hereunder shall be deemed to be in addition to those provided elsewhere.

1. The complaint must be in writing and a copy given to the member in question.

2. The member shall have five (5) calendar days to respond to the complaint.

3. This section shall not apply to a complaint which may result in the reduction of compensation or dismissal from the school system or to a complaint in which an immediate response is appropriate, as in the case of a parental complaint.

4. No Principal shall be disciplined, reprimanded, reduced in rank or compensation or deprived of any professional advantage without just cause.




ARTICLE V

ASSOCIATION RIGHTS

The District agrees to furnish to the Association, in response to reasonable requests from time to time, all available information concerning the financial resources of the District, including but not limited to: annual financial reports and audits, roster of certified personnel, agendas and minutes of all Advisory Board meetings, census data, names of all administrators, together with information which may be necessary for the Association to process any grievance.

B. RELEASE TIME FOR MEETINGS

Whenever any member of the Association is mutually scheduled by the parties to participate during working hours, in negotiations, grievance proceedings, conferences or meetings, the member shall suffer no loss in pay.

C. USE OF SCHOOL BUIDLINGS

The Association shall have the right to use school facilities and equipment for meetings, after regularly scheduled workdays, upon notice in advance to the Business Administrator and/or the Superintendent of Schools.

D. EXCLUSIVE RIGHTS

The rights and privileges of the Association and its members as set forth in this Agreement shall be granted to the Association as the exclusive representative of the members of the unit and to no other organization.

E. ASSOCIATION MEETINGS WITH THE SUPERINTENDENT

The Association officers or representatives shall have the right to meet with the Superintendent of Schools of Schools and/or Designee to discuss matters of mutual concern regarding the Paterson School District within fifteen (15) working days of his/her receipt of a proposed agenda.

A. Commencing July 1, 2024, Principal work schedules shall reflect 12-month work schedule; July 1^st – June 30^th, consistent with all 12-month employees.

B. Members of the Association shall work the School Calendar work schedule as defined via the yearly school calendar as established by the Superintendent of Schools/District. Holiday/Closures shall be as established by the calendar issued by the district.

C. Members of the unit shall be employed on a twelve (12) month basis as follows:


1. Normal work week shall consist of Monday thru Friday (except on holidays) Holidays shall be established by the current school calendar established by the Superintendent of Schools.

2. All vacation days must be approved, in writing in advance, by the member’s supervisor at the time of the request.


D. The summer work schedule: July 1st up to the 3rd Monday in August, all members of the unit shall work the following schedule: Monday, Tuesday, Wednesday, and Thursday; 8:00 a.m. – 3:00 p.m.; with Fridays (closed - no charge day).

VACATION VII

VACATION DAYS

a. Members shall earn twenty-two (22) vacation days per year. All vacation days for the school year shall be made available to employees as of each July 1^st, with the understanding that an employee shall refund unearned days upon resignation, retirement, or termination from the District at the rate of 1.83 days per month. Approval of vacation days are subject to the sole discretion of the Superintendent, Assistant Superintendent, or Superintendent’s designee. Vacation days must be requested to the Superintendent or designee at least 14 days in advance. The Superintendent’s, or designee’s, or Assistant Superintendent’s decision to deny the taking of vacation days are final decisions that shall not be greivable.
b. Active and continuous service from July through June 30 shall be considered a full year. July 1 shall be designated as the anniversary date for all members.
c. Vacation days may accrue to a maximum of ten (10) days from the prior year(s). Carryover of vacation days shall be capped at ten (10) days.
d. The two (2) weeks prior to the commencement of the school year August/September shall be considered “Black out” dates for vacation usage/approval. The parties agree this time of year is an essential time, thus maximum participation is necessary in order to get schools open.
e. Members of the Unit shall be allowed to sell back to the District a maximum of five (5) vacation days a year (July 1st thru June 30th) at the current employee’s per diem daily rate. In order to qualify for said buy-back, a staff member shall have in his/her vacation bank, a minimum of twenty (20) vacation days before he/she shall be authorized to sell back days.
f. As twelve (12) month employees, members of the Association shall adhere to the District’s Calendar when determining member work schedules.

ARTICLE VIII

WORKDAY

B. Members of the Association shall not be authorized to flex their work schedules and shall adhere to the standard 7:30 a.m. to 4:00 p.m. work schedule.

C. Association members shall, when required, be available for after school programs, without additional compensation, as established by the Superintendent, during the months of October through May of each school year, but shall not be required to exceed a maximum workday of 4:00 p.m. for such programs. Notwithstanding any other provision of this Article or this Agreement, Principals shall be required to be on site, in their buildings during any Back to School Night and District Parent-Teacher Conferences, without additional compensation, regardless of what time these programs may commence or end.

D. In situation wherein Principals are required to leave their building for either school related activities or lunch, either a Vice Principal or a previously designated certified staff member approved by the State District Superintendent will be advised of the departure and will assume the responsibility as the person in charge of building. The appropriate Assistant Superintendent for School Operations will be notified of all such transfers of building responsibility.

E. Principals shall be responsible to attend school board meetings when so invited by the Superintendent of Schools.

F. On days where it becomes necessary to close schools early as a result of inclement weather or other natural emergencies, the parties agree that a Principal’s workday shall conclude upon receiving the “all clear” email/communication from the District’s representative.

G. The hourly rate for work performed outside of the normal contractual day shall be $65.00 for all members effective July 1, 2024.

Members of the unit shall be entitled, beginning with the first official day of the school year, to eleven (11) sick leave, five (5) personal, two (2) family illness days per year.

B. ALLOWANCE-OTHER SCHOOL DISTRICTS

Whenever the Board employs a member of the unit who has an unused accumulated number of sick days from another school district in New Jersey, the District may honor such additional sick leave time accumulated by the member up to forty (40) days in addition to the sick leave provided in Section A of this Article.

C. NON-ACCUMULATIVE ADDITIONAL SICK LEAVE BENEFITS

Non-accumulative additional sick leave benefits may be approved for members according to the following schedule:

1. After the completion of ten (10) years of service, and up and including their twentieth (20^th) year of service be eligible to receive forty (40) days in addition to any and all accumulated days standing to their credit.

2. After twenty (20) years of service, and up to and including the thirtieth (30^th) year of service shall be eligible to receive sixty (60) days in addition to any and all accumulated days standing to their credit.

3. After completion of the thirty (30) years of service and until such employee leaves the employ of the District by virtue of resignation or retirement, said employee may be eligible to an additional eighty (80) days in addition to any and all accumulated days standing to their credit.

4. In order to receive reimbursement in accordance with the terms of this Article, for days in addition to accumulative days, employee shall forward to the Superintendent of Schools, in writing, a request for such adjustment accompanied by a medical certificate setting forth there in the nature of the illness and the number of days that are requested to recover from said illness.

D. PERFECT ATTENDANCE BONUS

Principals who have zero absences deducted from accumulated sick days during the period from Last two weeks in August through January 31 and/or the period from February 1 through June 30 shall be entitled to a payment of $500 for either or both period(s) in which no absences were deducted.

The parties understand that it is the sole responsibility of the employee to submit his/her application by the deadlines established by the District. Monies owed to the employee shall be paid by the District in a separate check no later than thirty (30) calendar days following the close of the attendance period.

1. Members of the unit shall be entitled, beginning with the first day of school, to five (5) days of personal leave. The unused days shall be accumulated from year to year as sick leave.

2. Personal leave may not be taken before or after a holiday, or before September 15 or after June 15, unless approved by the Superintendent of Schools in advance of the proposed absence.

3. Effective July 1, 2016 the category of Family Illness shall be created and added to the employee bank of days and shall accompany the employee’s personal/sick days as a benefit to be used in order to account for an employee’s absence. The one (2) family illness day shall be reserved and used to care for the employee’s immediate family member. This day shall be frontloaded at the start of the school year. If the day is not used by the end of the school year, the one (2) family illness day shall be carried over into the employee’s sick day bank in the same manner as personal days.

4. Except for illness, absences for more than three (3) consecutive days are not authorized, unless prior approval is obtained from the office of the Superintendent of Schools.

5. Notice of absence shall be given as far in advance as is practical, since the parties recognize it may be necessary for the District to obtain a substitute.

1. Members of the unit are entitled to four (4) calendar days leave for death of spouse, domestic partner, child, parent(s), siblings, grandparents, grandchildren, or spouses or domestic partner’s parents or related members of the immediate household.

2. Bereavement days taken in accordance with this provision shall be consecutive calendar days, one of which shall be the day of the funeral.

1. CHILDBIRTH

b. A non-tenure member will not be granted maternity leave beyond the term of the contract.

c. The District agrees not to maintain or enforce any policy or practice for the removal of any tenure or non-tenure member from duties which are based solely on the fact of the pregnancy or on the fact that the member has completed a specific number of months of pregnancy, but shall consider and treat each member on an individual basis in accordance with the provisions of New Jersey Laws against discrimination N.J.S.A. 10:5-1, et, seq.

a. A member returning from a leave of absence for maternity shall be

required to submit to the District a certificate certifying ability to

resume the duties of the position.

b. A member shall be entitled to use accumulated sick days for illness or disability resulting from maternity; a member returning from a maternity

leave shall be entitled to all benefits to which member returning from other types of sick leave or disability leaves would be entitled.

3. ADOPTION OF CHILD

A member adopting a child shall be granted leave of absence without pay to commence upon receiving de facto custody of said child, or earlier, if necessary to fulfill the requirements for the adoption.

a. The District agrees that a member giving birth to a child during the school year shall be granted a maternity leave of absence for the remainder of the school year, and in addition, shall be granted an extension of that leave for child care for the entire school year following the termination of the first leave, if the member so requests.

b. The member on leave shall notify the District in writing three months prior to the end of her leave of absence of her decision regarding:

1. Returning to active service

2. Resigning from active service; or

3. Applying for an extension of leave of absence as provided for in this Article.



c. Family and Medical Leave

D. SABBATICAL LEAVE

1. PURPOSE

2. A sabbatical leave may be granted, to a member of the unit, by the District for study, travel or for other reasons deemed of value to the school district.

3. CONDITIONS

a. No more than two (2) sabbatical leaves will be granted to qualified members of the unit in any school year.

b. Request for sabbatical leave must be received by the Superintendent of Schools on an official application form as follows:


1. Application for leave during any fall semester, (September through January), or for any full school year, must be made on or before January 1^st of the prior school year.

2. Application for leave during any second semester, that is February through June, must be made on or before May 1 of the prior school year.

3. The Superintendent of Schools shall grant or deny the application within 90 days of its receipt based upon the quality of the proposal and its potential educational benefit to the District.


c. Applicants for sabbatical leave shall have completed seven (7) years or more of exemplary service in the Paterson School District.

a. Employees on sabbatical leave shall receive full pay for one-half year of leave or one-half pay for one full year of leave in the same manner as though they were on active duty.



b. Study – A sabbatical leave of absence for the purpose of study shall require the applicant to attend for a period of not less than ten weeks each semester a college or university recognized by the New Jersey State Department of Education. If such study is undergraduate study, each applicant must pursue not less than ten credits during the semester of if for graduate study, then said applicant must pursue not less than six (6) credits each semester. All course work must be in the applicant’s field of work and applicants shall be required to file a transcript of said record following each semester. The transcript shall be filed with the State Superintendent of Schools. All courses must be taken during the regular semester exclusive of summer school.

c. Travel- No sabbatical leave for travel shall be granted unless such application is accompanied by an itinerary setting forth in detail the travel program contemplated. Such travel itinerary must be approved by the Superintendent of Schools of Schools.




d. Preference – Applicants for sabbatical leave of absence shall be given preference according to their relative years of service subsequent to their last sabbatical leave and availability of replacement as determined by the State Superintendent of Schools.

e. Employees on sabbatical leave shall be considered to be in regular full-time attendance in the position held at the beginning of each such leave for the purpose of determining length of service.

f. Employees absent because of an authorized sabbatical leave shall receive such salary increments as are granted during that period.

g. Employees shall agree in writing to return to their employment for a period of not less than two (2) years following the expiration of such leave.

a. All benefits, to which a member of the unit was entitled at the time the leave of absence commenced, shall be restored to the member upon his/her return to duty. The member shall be assigned to the same position that was held at the time the leave commenced, if available, or if not, to an equivalent position.

b. Within fourteen (14) days of return to active service to the School District from sabbatical leave, the member shall submit a report to the Superintendent of Schools of Schools specifying the educational significance of the sabbatical.

Interruption of sabbatical leave for study or travel caused by serious illness or accident during such leave shall not prejudice the District as it applies to the fulfillment o the conditions regarding study or travel on which the leave was granted nor affect the amount of compensation paid the member under the terms of such sabbatical leave, provided:

a. The Superintendent of Schools has been promptly notified in writing, of such accident or illness within five (5) days of such accidents or illness. Such notice shall be accompanied by a physician’s note.

The District offers the leaves stated above with the expectation that those to whom leaves are granted will fulfill the obligation which they assume in accepting the leaves of absence under these rules. If the terms and conditions of the sabbatical leave are not fulfilled as agreed, the employee will refund the District, as well as be subject to termination for just cause.

Principals called into temporary active duty of any unit of the US. Reserves or the State National Guard shall be paid their regular pay less any pay which is received from the State of Federal Government.

1. Time necessary for appearances in any arbitration, criminal, quasi-criminal, workman’s compensation proceeding or other legal proceeding pertaining to Paterson School business or school affairs in which a member is personally involved or is required by law to attend will be granted with full pay. This provision shall not apply in any matter in which the member has an adversarial position to the District.

2. Other leaves of absence may be granted by the District for good reason at any time during the school year.

1. A leave of absence without pay of up to one year may be granted for the purpose of caring for a sick member of the member’s family. Such leaves shall be requested in writing and are granted at the discretion of the District, and will be subject to the applicable provisions of the Federal Family and Medical Leave Act (“FMLA”) and the New Jersey Family Leave Act (“NJFLA”).

2. Other leaves of absence without pay may be granted by the District for good reason.

3. All extensions or renewals of leaves shall be applied for and granted in writing.


ARTICLE XI

INSURANCE BENEFITS

1. PROVISIONS OF COVERAGE
Provisions of the health-care insurance program shall be detailed in master policies and contracts agreed upon by the District and the Association and shall include:

2. BENEFITS SHALL INCLUDE COVERAGE FOR (as determined by the NJ State Health Benefits Plan):

a. Hospital room and board and miscellaneous costs

b. Out-patient benefits

c. Laboratory fees, diagnostic expenses, and therapy treatments

d. Maternity costs

e. Surgical costs

f. Major –medical coverage

g. Emergency room services




3. ADDITIONAL LANGUAGE
The District may change plans only if all of the following procedures are followed:

a. Any proposed new carrier or plan must offer benefits equal to or better than those provided by the New Jersey State Public and School Employees’ Health Benefits Plan.




b. The District shall provide the Association with the proposed master policy, which the Association may review and analyze for a period of at least sixty (60) days.

c. Any disputes over the award of benefits which arise between an employee and the New Jersey State Health Benefits Plan, the district agrees to support the employee with appropriate documentation and information to assist with the claim and/or appeal process.
d. The provisions of Chapter 2, P.L. 2010 and Chapter 78, P.L. 2011 establishing employee co-pay for health benefits are incorporated by reference in this Agreement. This legal requirement for employee co-payment shall be in effect and all such payments shall be made by the bargaining unit members; the District shall not reimburse or in anyway pay the employee for the co-payment the bargaining unit member has made to date. This provision shall not be subject to the grievance/arbitration provisions of this Agreement. The co-payment tables established by Chapter 78, P.L. 2011 are incorporated in Schedule A of this Agreement.

B. DENTAL COVERAGE

1. Dental Coverage

The District shall provide full family coverage as follows. The following coverage is based upon the usual customary and reasonable fee concept.

2. Co-Payment

Preventive and diagnostic – 80/100 (incentive)

Remaining basic services – 60/100 (incentive)

Crowns, inlays and gold restorations – 50/50

Prosthodontic benefits – 50/50

3. Deductible

$25.00 per patient per contract year

$75.00 family maximum aggregate

Orthodontics (applicable to eligible dependent children only) Co-payment 50/50

Benefits subject to a $1,000 per case maximum separate from the maximum in B above.

4. Exclusions

Dependent children are not covered for prosthodontic benefits or for crowns, inlays and gold restorations.

Continuations – the comprehensive plan in effect on September 1, 1995 shall continue for the duration of this agreement.

The District shall provide a full family coverage prescription plan $0.00 generic/$5.00 brand name and $3.00 for Maintenance Drug Programs (mail order prescriptions).

The parties agree that when the District changes the prescription drug program modification restriction of Compound Medication it shall be applied in the same manner, terms, and with the same effective date as the Paterson Education Association, provided further, the parties agree when the District changes the Prescription drug program to the State’s Health Benefits plan.

D. OPTICAL COVERAGE

The District agrees to provide, at no cost to the employee, optical coverage as detailed in Vision Service Plan A - $20 deductible coverage and pay the costs thereof.

The District reserves the right to change all insurance plan carriers as long as the benefits are equal to or better than the previous carrier.

Eligibility

To be eligible to participate, employees must provide proof of alternative health and/or prescription insurance through another provider. Acceptable proof would be a letter from the employer or the insurance carrier verifying insurance coverage and such proof shall be provided prior to the close of the open enrollment period.

Waiver forms must be completed, signed, and submitted to the District by the employee on a yearly basis and by the deadline established by the District.

Employees who are not authorized Health Benefits under P.L. 2011 Chapter 78 shall be exempt from receiving any remuneration as it relates to the clause.

All incentive payments received are taxable, but not pensionable. Payments shall be made in two (2) installments, the December 15th pay cycle and the last pay cycle in June of the respective school years.

Reenrollment

In the event an employee’s replacement insurance coverage is terminated as a result of any life-altering event such as termination of insurance, unemployment, reduction in the number of hours of employment, death, disability of a spouse, divorce, legal separation, activation to full time military status, etc., re-enrollment is permitted to the extent allowed by the State Health Benefits Plan and on the terms and cost set by the carrier.

Coverage shall commence upon the enrollment/period, any employees that had previously opted out shall have the opportunity to opt into the District’s insurance programs subject to approval from the State Health Benefit Plan.

During the open enrollment period, any employees that had previously opted out shall have the opportunity to opt into the District’s insurance programs subject to approval from the State Health Benefits Plan.

The employee shall receive a prorated payment if the employee for whatever reason participates and reenrolls in the District provided health insurance plan.

All requests to attend conferences or seminars shall be submitted for approval in writing to the Superintendent of Schools. Permission to attend such conferences or seminars, if granted, shall be without loss of salary and shall include travel, lodging, registration and reimbursement of per diem expenses not to exceed fifty ($50.00) dollars per day.

1. Requests to attend a conference or seminar that does not require more than one day’s attendance, shall be submitted for advanced approval to the Superintendent of Schools.

2. The District will pay all reasonable expenses incurred, including transportation costs, necessary meals and registration fees.

Members of the Association shall be authorized to attend the NJPSA Convention. Names of attendees shall be submitted for approval by the Superintendent of Schools. Up to four (4) members shall be reimbursed for reasonable expenses for travel, lodging, food and registration.

All restrictions, rules and requirements issued by the Commissioner of Education and/or the State Board of Education for attendance at conferences and conventions shall be incorporated by reference into this Agreement and shall be followed.

ARTICLE XIV

POSTINGS

All openings for positions in the District, including promotional positions, accredited evening high school, summer school, home teaching, federal projects, other programs including non-teaching positions for which employees represented by the Association may be qualified and eligible, shall be publicized by the Superintendent of Schools during school year in accordance with the following:

1. All qualified employees shall be given adequate opportunity to make application for said positions, and no position shall be filled until properly submitted applications have been considered.

2. The district agrees to give due weight to the background, experience and attainments of all applicants and other relevant factors.

3. The District agrees to post all vacancies on the District’s Website. It shall be the responsibility of the staff to review the District Website to determine current vacant positions.

4. Said notification shall be made known as such vacancies which are to be filled become known or available.

5. In case of existing positions, said posting shall occur as soon as the vacancy is known.

6. In the case of existing positions, said posting shall occur as soon as the vacancy is known.

7. Posting for vacancies earlier than state above is encouraged.

8. Summer school and accredited evening high school openings shall be posted not later than the preceding April 1 and June 1 respectively, and employees shall be notified of action taken no later than May 1 and September 1 respectively.

ARTICLE XV

RE-ASSIGNMENTS AND TRANSFERS

Any change in school or assignment of members of the unit shall be given as soon as possible to the personnel involved and to the Association. The member(s) and the Association shall be notified in writing of any contemplated transfer prior to August 1^st, if known by the District. If a transferred or re-assigned member desires a conference to discuss the contemplated transfer or re-assignment, such conference shall take place with the Superintendent of Schools of Schools or designee within ten (10) days after such written request is submitted to the Superintendent. Adjustments in the ten (10) day advanced notification would have to be made if the Superintendent of Schools or his/her designee is not scheduled to be in the District at the time the meeting is desired. It is the understanding however, that ten (10) days is the generally agree upon meeting limit.

1. Members of the unit desiring a re-assignment or transfer shall file a written statement of such desire with the Superintendent of Schools no later than April 1^st.

2. The Superintendent of Schools shall make available to the Association the names of transfers or re-assignments, as soon as possible.

1. Only those Principals whose employment as Principal commenced after July 1, 1992 shall be subject to a salary adjustment if transferred to a Principal position with a lower salary.

2. This provision (C1) does not apply to Principals employed prior to July 1, 1992.




ARTICLE XVI

PERFORMANCE EVALUATION

1. All monitoring or observations of work performance shall be conducted openly and with full knowledge of the individual.

2. The criteria for evaluation shall be shared with the Principal prior to the evaluation process beginning.

3. A copy of a draft evaluation of an employee shall be given to the employee before the evaluation is designated “Final.”




Superintendent’s Appeal Process

Employees who have been denied an increment/salary step advancement due to an ineffective/partially effective annual summative rating and alleges that the rating is a result of gross procedural error or a material mistake of objective fact. These employees have the right to file a petition with the Superintendent requesting a review of the evaluation rating or submit the matter to the grievance procedure. If the employee files a petition with the Superintendent, it’s an irrevocable election of the appeal process and it precludes the employee from then filing a grievance. If the employee elects the Superintendent’s review, the Superintendent may refer the petition to a Review Committee. The committee shall determine whether the rating would not have been partially effective or ineffective but for the gross procedural error or mistake of material objective fact.

The committee makes a recommendation to the Superintendent based on the review.

The Superintendent, in his sole and absolute discretion shall review the committee’s recommendation and shall make a final decision that is binding by all parties and not grievable nor arbitrable.

A “gross procedural error” means substantial non-compliance by a direct supervisor with the evaluation procedure set forth in statute or regulation which directly resulted in a partially effective or ineffective rating.

A member of the unit shall have the right, upon request, to review the contents of his/her personnel file, to receive copies of all documents contained therein, and to have a representative of the Association accompany him/her during such review. Employees shall have the right to submit answers and/or comments to any item included in an employee’s personnel file.



ARTICLE XVII

PROFESSIONAL REIMBURSEMENT

1. A member of the unit under contract to the Paterson School District who earns additional semester credits in courses related to education which are approved by the Superintendent of Schools will be reimbursed for tuition at the Rutgers New Jersey State University rate for a maximum of three (3) courses or nine (9) credits per contract year which may be prorated based upon the percentage of time that the member spends in the Paterson School System in any on fiscal year as established in the guidelines below. The last day of the semester shall determine in which fiscal year the tuition would qualify for reimbursement.

2. In order to be eligible for tuition reimbursement for such approved courses, the course must be in the field of education of the member’s certification or a course to obtain additional certification, unless it is part of an educational degree program, or unless this provision is waived by the State Superintendent. Additionally, the course must be taken at an accredited college or university.

3. The intent of this provision is to reimburse tuition costs for graduate courses in the areas noted above except that undergraduate courses taken within the area of a member’s certification to obtain additional certification or in the area of an educational degree program may be taken, and the graduate course requirement shall be waived, by authorization and approval of the Superintendent of Schools of Schools.

4. A grade of “B” must be achieved in each course in order for the course to be reimbursable.

5. In the case of a degree program, the individual college’s requirements for passing shall govern and if the teacher receives credit from the college, the costs of tuition, subject to the above limitation shall be reimbursable.

6. For courses taken, reimbursement shall be within sixty (60) days of receipt of transcript and summer courses will be reimbursed within sixty (60) days provided the member returns to the District.

7. Procedural guidelines for the submission of reimbursement claims shall be established by the Superintendent of Schools of Schools in conjunction with the Association.

8. The maximum amount of money expended by the District for tuition reimbursement in a school year for members of this bargaining unit shall be the amount expended for this bargaining unit for the school year 2008 ($22,000).

9. The parties also agree that should the State College tuition rate be increased or decreased the amount of money to be expended by the District shall be increased or decreased by that same percentage.

1. In non-emergency situations, the Superintendent of Schools or Designee shall have the right to meet with all members of the unit after the end of the regular workday, with three (3) working days advance notice.

2. Except in cases of an emergency, the meeting agenda and approximate ending time of said meeting will be included in the notification.

3. Emergency meetings can be called by the Superintendent of Schools or Designee, at any time, with no advance notification, agenda or approximate ending time.




ARTICLE XVIII

MISCELLANEOUS PROVISIONS

1. The District shall give full support, including legal assistance to defend or prosecute an assault and battery or similar matter, for any assault upon a member of the unit while acting in the discharge of his/her duties, provided the member has not violated any state or federal law. However, the District will not pay any legal expenses prohibited by New Jersey Statue, nor will the District have any obligation to assist a Principal with any private lawsuit or remedy.

2. This provision shall not prohibit the member from pursuing private remedies.

RETIREMENT ALLOWANCE

Employees who retire under the Teacher’s Pension and Annuity Fund, shall receive a lump sum payment according to the following formula and procedure:

A. 1. One day of salary for every two days of accumulated sick leave to a maximum of ninety (90) days.

2. Computation of a day’s pay is to be made dividing the employee’s annual base salary at the time of retirement by 240.

3. No payment shall be made under this section unless the retiring employee has at least twenty (20) days of unused sick leave at the date of retirement.

B. Payment shall be made within thirty (30) days following the employee’s effective date of retirement.

C. In the event of death, prior to date of retirement, the employee’s estate shall not receive said payment..

D. Any employee hired after May 21, 2010 shall be subject to a $15,000 sick day payout at the time of Retirement in accordance with Chapter 92, P.L. 2007

B. JOB DESCRIPTIONS

Each position in the union shall have a Job Description.

ARTICLE XIX

DISTRICT RIGHTS




The management of the school district and the direction of the professional staff including the right to plan, organize and control school operations, the right to hire, promote, suspend or discharge for just cause, or to reduce staff for legitimate reasons, or the right to introduce new and improved methods or facilities, or to change existing education methods or facilities, and to manage the schools in the traditional manner is vested exclusively in the Paterson School District except to the extent that these rights are limited by this Agreement, applicable case law, and the laws of the State of New Jersey.


ARTICLE XX

DURATION OF AGREEMENT




This Agreement shall be effective as of July 1, 2024, except as otherwise provided, and shall remain in full force and effect until June 30, 2028.

It is also agreed that negotiations for the successor agreement will begin as mutually scheduled. The scatter grams for this bargaining unit shall be mutually developed by both parties based upon the 2013-2014 salary guides. Scatter grams will be completed and shared with the Association.


ARTICLE XXI

SERVICE OF PROCESS


Whenever any process or notice is required to be given to either of the parties to the Agreement, the same shall be given at the following addresses:

Paterson School District

90 Delaware Avenue

Paterson, NJ 07503

Paterson Principals Association

Ms. Grace Giglio

152 College Blvd.

Paterson, NJ 07505

1. If a bargaining unit member does not become a member of the Association, effective July 1^st, of each new year, or during the course of the year, if he/she is a new employee, said unit member shall be required to pay a representation fee to the Association for that membership year. The purpose of the fee is to offset the cost of services rendered by the Association.

2. Prior to July 1, of each year, the Association shall notify the District in writing of the amount of the regular membership dues charged by the Association. The representation fee paid by non-members shall be equal to 85% of that amount.

3. If the representation fee is increased by law, it will automatically be increased at the beginning of the next Association membership year.

4. Prior to July 1, the Treasurer of the Association shall submit to the Business Administrator a list of employees who have not become members. The District will commence deducting the representation fee in the October paycheck and transmit it to the Association.

5. If an employee terminates his/her employment or is terminated by the District, it is agreed the total remaining portion of the representation fee shall be deducted from the employee’s final paycheck.

6. As near as possible, the process of collecting and distributing the representation fee shall follow the normal dues deduction process.

7. On the last working day of each month the District will submit to the Association treasurer a list of all employees who began their employment in the unit during the previous thirty (30) days. The list will include names, date of employment, social security number, assignment, home address and telephone number.




ARTICLE XXIII

TAX SHELTER ANNUITY PROGRAMS


1. A Tax Shelter Annuity Program shall continue to be made available to employees. Carriers for said program shall be subject to approval by both the District and the Tax Shelter Joint Committee. This committee shall be composed of representative from each of the bargaining units and the district’s Business Administrator. The addition of any new companies not currently being used by members of the Association shall be by mutual agreement of the District and the Joint Committee.



2. Should additional carriers of tax shelter annuity programs request consideration to participate in the school district, they shall be referred to a Joint Committee established for the purpose of reviewing said programs. The District and the Association shall have equal representation on this Joint Committee.

3. Guideline for such review shall be established by the Joint Committee. Carriers that fail to meet the requirements established in these guidelines shall not be approved.

4. District rejection of proposed additional carriers and joint committee recommendation of additional carriers, shall not be subject to the grievance procedure.




ARTICLE XXIIII

SALARIES

1. Effective July 1, 2023 all members of the Unit shall receive $6,000 flat rate added to their base.

2. Effective July 1, 2024 members shall be entitled to a 3% increase (inclusive of increment).

3. Effective July 1, 2025 members shall be entitled to a 2.75% increase (inclusive of increment).

4. Effective July 1, 2026 members shall be entitled to a 3.25% increase (inclusive of increment).

5. Effective July 1, 2027 members shall be entitled to a 3.25% increase (inclusive of increment).

6. The final decision to grant/or withhold Performance Pay in whole or in part shall be the exclusive prerogative of the Superintendent in his/her exclusive discretion and his/her decision shall be final and binding and shall not be subject to the grievance or arbitration process under the terms of the labor agreement nor is it subject to any judicial or administrative law appeal.

7. The parties agree that any dispute concerning the calculation, payment or any other issue or dispute concerning this salary provision shall be subject to binding arbitration; the parties further agree that Martin S. Scheinman, Esq. shall serve as arbitrator; if he is unable to serve James W. Mastriani shall serve as arbitrator.

Newly Appointed Employees

to the Bargaining Group


The following salary guides shall be used when setting initial starting salaries for all employees hired into the Bargaining Unit.

***Plus, an additional $3,500.00 for earned Ph. D or Ed. D.

LONGEVITY SCHEDULE

$700 after 10 years in district

plus $400 after 15 years in district

plus $1000 after 16 years in district

plus $1000 after 17 years in district

plus $1000 after 18 years in district

plus $400 after 20 years in district

plus $400 after 22 years in district

plus $500 after 24 years in district (effective 2014-2015)

plus $500 after 25 years in district (effective 2015-2016)

plus $500 after 26 years in district (effective 2016-2017)

Total $6,400

ADMINISTATIVE SCHEDULE

$900 after 8 years in admin position

plus $900 after 9 years in admin position

plus $900 after 10 years in admin position

plus $600 after 15 years in admin position

plus $600 after 20 years in admin position

plus $600 after 25 years in admin position

Total $4,500


COMPLETENESS OF AGREEMENT



The Agreement represents and incorporates complete and final understandings by the parties on all bargaining issues which were or could have been subject of negotiations.

In WITNESS WHEREOF, the parties have hereunto set their hands and seal this


PATERSON PRINCIPALS ASSOCIATION


Signed ________________________ __________________

President Date


PATERSON SCHOOL DISTRICT


Signed ________________________ __________________

Superintendent Date

Signed_________________________ ___________________

Labor Relations Date

Paterson Board Approval date:

The District has the absolute authority to designate three (3) school(s) as Turnaround Schools.

The Superintendent at his/her sole discretion shall increase the workday at a Turnaround School up to 60 minutes in length in addition to the total in-school workday in accordance with the parties’ side-bar agreement.

The parties agree that employees assigned to Turnaround School may be required to attend at least three (3) professional development sessions during the summer months and one (1) school level meetings on Saturdays during the school year

The parties agree that the Superintendent of Schools has the full authority at his/her sole discretion to assign steps/salaries for the appointment of a Turnaround Principal as he/her deems necessary and/or appropriate, and his/her decision shall not be challenged legally or via the grievance/arbitration process described within the CBA.