{F&H00029048.DOC/4}

1. RECOGNITION PAGEREF _Toc203396583 \h 1

2. NEGOTIATION PROCEDURE PAGEREF _Toc203396584 \h 2

3. GRIEVANCE PROCEDURE PAGEREF _Toc203396585 \h 3

4. ASSOCIATION MEMBERS’ RIGHTS AND PERSONAL AND ACADEMIC FREEDOM PAGEREF _Toc203396586 \h 6

5. PROFESSIONAL DEVELOPMENT AND EDUCATIONAL IMPROVEMENT PAGEREF _Toc203396587 \h 6

6. TEACHER EVALUATION PAGEREF _Toc203396588 \h 8

7. TEACHER EMPLOYMENT PAGEREF _Toc203396589 \h 8

8. LEAVE OF ABSENCE PAGEREF _Toc203396590 \h 9

9. INSURANCE PROTECTION PAGEREF _Toc203396591 \h 20

10. DEDUCTION FROM SALARY PAGEREF _Toc203396592 \h 21

11. SALARIES PAGEREF _Toc203396593 \h 21

12. TEACHING HOURS AND TEACHING LOAD PAGEREF _Toc203396594 \h 23

13. NON CERTIFIED PERSONNEL EMPLOYEES PAGEREF _Toc203396595 \h 26

14. MISCELLANEOUS PROVISIONS PAGEREF _Toc203396596 \h 27

15. DURATION OF AGREEMENT PAGEREF _Toc203396597 \h 29

ADDENDUM A-1. TEACHER SALARY GUIDES 2005-2006 PAGEREF _Toc203396598 \h 31

ADDENDUM A-2. TEACHER SALARY GUIDES 2006-2007 PAGEREF _Toc203396599 \h 32

ADDENDUM A-3. TEACHER SALARY GUIDES 2007-2008 PAGEREF _Toc203396600 \h 33

ADDENDUM A-4 TEACHER OFF-GUIDE SALARY GUIDES 2008-2011 PAGEREF _Toc203396601 \h 34

ADDENDUM C. SECRETARY SALARY GUIDES PAGEREF _Toc203396602 \h 35

ADDENDUM D. Extra curricular positions PAGEREF _Toc203396603 \h 36

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{F&H00029048.DOC/4}

In consideration of the following mutual covenants, it is hereby agreed by and between the Board of Education of the Borough of Maywood, New Jersey, (hereinafter referred to as the “Board”), and the Maywood Education Association, Inc., (hereinafter referred to as the “Association”), as follows:

ARTICLE 1 - RECOGNITION

WHEREAS, the Association has represented to the Board that a majority of the employees of the Maywood School District in the categories listed below have designated the Association as its representative for the purpose of collective negotiations with the Board.

NOW, THEREFORE, BE IT RESOLVED, that pursuant to and in accordance with the provisions of Chapter 303 and Chapter 123, Public Laws of 1968 and 1974, of the State of New Jersey, the Board does hereby recognize the Association as the exclusive representative with which said Board will negotiate concerning the terms and conditions of employment of:

Non-Supervisory Professional Personnel

Secretaries

Kitchen Personnel

Effective July, 1986, the secretary to the Superintendent of Schools and the secretary to the School Business Administrator/Board Secretary shall be excluded from the bargaining unit as above defined.

The term full-time employee is defined as a person employed for twenty-eight (28) or more hours per week.

The parties agree that the Board reserves all rights, authority and responsibilities, in accordance with applicable laws and regulations, not otherwise affected by the provisions of this Agreement.

1. Effective July 1, 1986, if an employee in those categories covered by this Agreement, does not become a member of the Association during any membership year, July 1 to the following June 30, covered by this Agreement, said employee shall be required to pay a representation fee to the Association for that membership year. Deductions for representation fee payers beginning employment at times other than the start of the school year or termination of employment at times other than the end of the school year, shall be made in a manner identical to the deductions for Union Dues in accordance with the law.

Prior to the beginning of each membership year, the Association will notify the Board in writing, of the amount of the regular membership dues, initiation fees and assessments charged by the Association to its own members for that membership year. The representation fee to be paid by non-members will not exceed 85% of that amount.

Once during each membership year, the Association will submit to the Board a list of those employees who have not become members of the Association for that membership year. The Board will deduct from the salaries of such employees (see Paragraph 4 below), the amount of the representation fee and will promptly transmit the amount so deducted to the Association.

The Board will deduct the representation fee in equal installments, as nearly as possible, from the paychecks paid each employee on the aforementioned list. The deductions will begin with the first paycheck paid.

Twenty (20) days after receipt of the aforementioned list by the Board; or

Thirty (30) days after the employee begins or resumes his/her employment; i.e., effective date individual is placed on payroll in a bargaining unit position.

The Association shall indemnify and hold the Board harmless against any and all claims, demands, suits and other forms of liability, including liability for reasonable counsel fees and other legal costs and expenses if a member of the Bargaining Unit as defined in Article 1 challenges any assessment, in accordance with law.

The Board and the Association agree to enter into collective negotiation over a successor Agreement in accordance with Chapter 303 and Chapter 123, New Jersey Public Laws of 1968 and 1974 (N.J.S.A. 34:13A-5.1 et. seq.), in good faith effort to reach agreement on all matters concerning the terms and conditions of Association members’ employment.

Requests for negotiation meetings from the Association must be directed to the Superintendent of Schools in writing. Requests for such meetings from the Board must be made in writing to the President of the Association via the Superintendent. A mutually convenient meeting date shall be set within fifteen (15) school days of receipt of the request.

This Agreement, subject to N.J.S.A. 34:13A-5.1 et. seq., incorporates the entire understanding of the parties.

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 3 - GRIEVANCE PROCEDURE

Definition

A grievance is a claim by an employee or by the Association based upon the interpretation, application, or violation of this Agreement, policies, administrative decisions affecting the terms and conditions of employment of an employee or a group of employees.

A grievance to be considered under this procedure must be initiated in writing within thirty-five (35) calendar days from the time when the grievant knew or should have known of its occurrence.

(a) Failure at any step of this procedure to communicate the decision on a grievance within the specified time limits shall permit the grievant to proceed to the next step. Failure at any step of this procedure to appeal a grievance to the next step within the specified time limits shall be deemed to be a waiver of further appeal of the decision.
It is understood that any employee grievant shall, during and notwithstanding the pendency of any grievance, continue to observe all assignments and applicable rules and regulations of the Board until such grievance and any effect thereof shall have been duly determined.
The grievant shall file the grievance in writing with the Principal, specifying the nature of the grievance. Within ten (10) calendar days of the filing of the grievance, the Principal will meet with the grievant in an attempt to resolve the matter. Within five (5) school days of the meeting, the Principal shall issue his decision.

The grievant, no later than eight (8) calendar days after receipt of the written decision of his Principal or other immediate superior, may appeal the decision to the Superintendent. The appeal to the Superintendent must be made in writing specifying:

All dates (date of occurrence, date of filing, date of prior decision, and date of appeal).

A description of the incident or alleged violation giving rise to the grievance.

Identification of the specific provision(s) of the agreement, specific board policy, and/or specific administrative decision involved.

The specific remedy sought by the grievant(s).

The outcome from the prior level in the procedure, if any.

The Superintendent shall attempt to resolve the matter as quickly as possible, but within a period not to exceed ten (10) calendar days from the receipt of the appeal. The Superintendent shall communicate his decision in writing to the employee grievant, to the Association, and to the Principal.

If the grievance is not resolved to the grievant’s satisfaction, he/she, no later than eight (8) calendar days after receipt of the Superintendent’s decision, may request a review by the Board. The request shall be submitted in writing through the Superintendent who shall attach all related papers and forward the request to the Board. The Board, or a committee thereof, shall review the grievance and shall, at its option, hold a hearing with the employee grievant and an Association representative and render a decision in writing and forward copies thereof to the grievant and to the Association within twenty (20) calendar days of receipt of the grievance, or after the close of the hearing, if granted. The Board shall reserve the right to have their attorney present at any hearing.

If the decision of the Board does not resolve the grievance to the satisfaction of the employee grievant and he wishes review by a third party, and if the Association determines that the matter should be reviewed further, the grievant shall, by written notice, so advise the Board through the Superintendent within thirty (30) calendar days of receipt of the Board’s decision.

However, the Board’s decision shall be final and binding on the grievances concerning:

Any matter for which a specific method of review is prescribed and expressly set forth by law or any rule or regulation of the State Commission of Education; or

A complaint of non-tenure teacher which arises by reason of his not being re-employed; or

A complaint by any certified personnel occasioned by appointment to or lack of appointment to, retention in, any position for which tenure either is not possible or not required.

(a) The parties agree to follow the rules and regulations of the Public Employment Relations Commission, to secure the services of an arbitrator. Should the Association file for arbitration, the Association shall simultaneously notify the Board of its action.
The arbitrator shall limit himself to the issues submitted to him and shall consider nothing else. He can add nothing or subtract anything from the agreement between the parties or any policy of the Board. The recommendations of the arbitrator shall be advisory.

Rights of Employees to Representation:

Any aggrieved person, at his own or at the Association’s expense, may be represented at all stages of the grievance procedure by himself, or at his option, by the Association or by a representative selected or approved by the Association.

If an employee was not represented by the Association in the processing of a grievance, the Association shall, at the time of submission of the grievance to the Superintendent or any later level, be notified by the Superintendent that the grievance is in existence and the Association shall have the right to be present at all hearings.

Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as a maximum, and every effort should be made to expedite the process.

In the event a grievance is filed at such time that it cannot be processed through all the steps in this grievance procedure by the end of the school year, or if it is filed after the end of the school year, then the time limits shall be established by counting weekdays, except recognized legal holidays, following the end of the school year’s school days.

The parties shall mutually develop a grievance form pursuant to this Article to commence on July 1, 2001.

Pursuant to Chapter 303 and Chapter 123, New Jersey Public Laws of 1968 and 1974, the Board hereby agrees that every employee of the Board shall have the right freely to organize, join, and support the Association or any other employee organization, or to refrain from any such activity, for the purpose of engaging in collective negotiation and other concerted legal activities for mutual aid and protection.

ARTICLE 5 – PROFESSIONAL DEVELOPMENT AND EDUCATIONAL IMPROVEMENT

The Board agrees to provide the following reimbursement program for teachers.

Teachers who take graduate credits at an accredited college or university in areas of their current teaching assignment or in other areas requested by the Superintendent, shall be reimbursed for 100% of the tuition costs and registration fees up to an individual limit of $900.00 for a full year, July 1 to June 30.

Teachers who take graduate credits at an accredited college or university in areas other than their current teaching assignment, but related to any potential teaching assignments in the Maywood School District and not upon request of the Superintendent, shall be reimbursed for 50% of the tuition costs and registration fees up to an individual limit of $500.00 for a full year, July 1 to June 30.

Funds for courses taken under 1 and 2 above will be reimbursed under the following conditions:

Courses to be taken must receive the prior approval of the Superintendent.

Courses must be taken at an accredited college of university.

A passing grade of B or better, as shown on an official transcript copy, must be earned for the course. Reimbursement will not be provided for courses which are audited or are offered on a pass/fail basis.

Proof of tuition, receipt from college, or a canceled check must be presented to the Board.

Credit for approved courses will be awarded on the basis of fifteen (15) hours attendance per credit, per course.

Reimbursement to staff members shall be made within forty-five (45) days of the approved submittal of complete documentation of course grade and tuition payment.

Reimbursement to staff members shall be made within forty-five (45) days of the full submittal of the approved costs, in regard to conferences, workshops, seminars, in-service training programs or other approved sessions.

Secretaries may be entitled to reimbursement for tuition and fees for courses taken to improve their professional performance up to $400.00 per year, per individual from July 1 through June 30. Courses must be applied for and approved in advance by the Superintendent of Schools.

Any teacher who receives a tuition reimbursement payment pursuant to this section shall be required to remain in the employ of the Board for a period of no less than two (2) years from the date of such payment. A failure on the part of the teacher to remain in the employ of the Board for two (2) years will result in them being required to reimburse the Board for any and all monies paid to them pursuant to this section. Such payment shall be made within thirty (30) days of separation. Further, such a teacher shall also be liable for any and all monies, including reasonable attorney's fees, expended by the Board in an effort to recover these funds. This provision applies to those teachers who have been employed by the Board for less than ten (10) years.

ARTICLE 6 – TEACHER EVALUATION

All monitoring or observation of the work performance of a teacher shall be conducted openly and with the full knowledge of the teacher.

ARTICLE 7 – TEACHER EMPLOYMENT

Effective July 1, 2002, each teacher shall be placed on his/her proper salary step schedule as of the beginning of the school year. Steps do not equate to years of service.

All lateral movements (from BA to MA to MA+30) will be implemented effective September 15 or February 15 of the contract school year. Only one (1) lateral move on the guide, per person, per year will be allowed.

The following restrictions apply:

A teacher's lateral movement shall be permitted on September 15 only if proof of course completion is handed in on or before September 15 of that school year.

A teacher's lateral movement shall be permitted on February 15 only if proof of course completion is handed in on or before February 15 of that school year.

A teacher shall notify the Superintendent in writing of any anticipated course completions by February 15 of the prior school year.

In order to be eligible for placement on the Masters +30 column, an employee must have accumulated the thirty (30) credits after the achievement of his/her Masters degree. Credits earned before the Masters degree or Bachelors degree will not be considered for eligibility to move to the Masters +30 column. Only those credits acquired after the Masters degree in an accredited program, where a B or better grade had been earned, shall be counted toward the placement in this column. All movement on the salary guide must be approved by the Board.

If no salary agreement has been reached for the following school year by May 15, teachers shall be notified of their salary status no later than thirty (30) calendar days after the Board and the Association approve the Agreement.

The work year for teachers shall be one hundred eighty-six (186) days. The first and last day of the work year shall be non-student days. Teachers new to the district shall work one (1) additional non-student day at the beginning of the work year. The Board retains the right to schedule instructional and/or in-service days on one hundred and eighty-three (183) of the remaining one hundred eighty-four (184) days, while the remaining day shall be an in-service day.

ARTICLE 8 – LEAVE OF ABSENCE

Certified employees of the Maywood School System shall be allowed twelve (12) days sick leave per year, cumulative with two (2) additional non-cumulative days sick leave, without deduction in salary, for combined personal injury or illness.

Twelve (12) month non-certificated employees shall be allowed twelve (12) days sick leave per year, cumulative, with two (2) additional non-cumulative days sick leave, without deduction in salary, for combined personal illness or injury.

Ten (10) month non-certificated employees shall be allowed ten (10) days sick leave per year, cumulative, with two (2) additional non-cumulative days sick leave, without deduction in salary, for combined personal illness or injury.

Personal illness or injury is interpreted to cover personal illness or injury to the staff member.

Cumulative Leave:

Any employee who is appointed after the opening of school shall be credited with one (1) day of sick leave for each month he/she teaches/works during that year.

At the beginning of a teacher’s term of employment each year and irrespective of the time beginning actual service, each teacher shall have immediately available for use his/her entire sick leave allowance for that year as defined above.

Absence on sick leave shall be charged first to the annual allowance of any employee until it is fully utilized, second to the two (2) non-cumulative sick days, and thereafter to the accumulated credit.

Accumulation of sick leave shall be retroactive to the date of employment.

Medical Certification
The Board may require a doctor’s certificate for any use of sick leave; otherwise a full salary deduction will be made.
Leave – Accumulative/Non-Accumulative
No employee shall lose his/her accumulated allowance of unused days of sick leave by reason of having been on leave of absence, nor shall the employee accumulate any additional days of allowance during the leave of absence, or due to absence in military or naval service of the United States, or the American National Red Cross in time of national emergency.
Termination of Services
The salary of any employee shall terminate at the time of his/her discharge, resignation, or death.
Allowance
No more than the above allowance per year shall be granted to any employee without special action of the Board.

Immediate Family
Absence due to death in the employee’s immediate family (spouse, child, mother, father, mother-in-law, father-in-law, sister, brother or grandparent) shall be allowed, with pay, for a period not to exceed seven (7) consecutive calendar days in each such case.
Non-Immediate Family
Absence due to death in the employee’s non-immediate family not living in the household of the employee shall be allowed, with pay, on the day of the funeral.
Official Statement
An official signed statement by each Employee, plus documentation confirming the need for the benefit for immediate or non-immediate family death, must be submitted to the Superintendent for approval following each absence.

The main purpose of professional days shall be for professional advancement, and therefore, upon the recommendation of the Superintendent of Schools, a teacher, without deduction from his salary, may be requested and/or allowed as many as two (2) days in the school year for visiting grades or classes similar to his own in other schools. All teachers visiting shall make a report in writing (duplicate) as may be required by the Superintendent of Schools.

In the event of attendance at education conventions and meetings approved by the Superintendent, there shall be no deduction in professional days allowance.

Absences from school by reason of legal process, including subpoena, issued by a court of competent jurisdiction to an employee who is not a party of interest in the matter shall be allowed, with pay, provided that the legal process is filed with the Superintendent of Schools. If an employee is a party to a suit, absence from school in that connection shall be without pay.

An employee will be permitted two (2) days off within the school year, non-cumulative, for personal affairs (including religious holidays) with prior notification to the Superintendent without loss of salary. However, such days shall not be prior to or following school recess or holiday.

In addition to the above, three (3) days may be permitted at the discretion of the Superintendent for illness in the immediate family without loss of pay. Immediate family shall be defined as spouse, child, mother, father, sister, or brother.

Leave of absence without pay may be authorized upon recommendation of the Superintendent of Schools and approved by the Board.

Length of Period

A leave shall not be granted for more than one (1) year for reasons of personal illness, injury, or for rest and recuperation, but any employee who has been granted a year’s leave of absence may apply to have the leave of absence extended.
Official Notice
Employees on leave of absence shall inform the Superintendent of Schools by registered mail before November 1, (if a first semester leave has been granted), or March 1, (if the second semester or a full school year leave has been granted), specifying their intention with respect to returning for duty the following semester and/or school year. Failure of an employee on leave to give such notice shall be interpreted as indicating such employee does not wish to return as a member of the staff of the Maywood school district.
Medical Examination
If an application for a leave of absence is favorably considered by the Superintendent of Schools, the applicant may be given a physical examination at the direction of the Board. In lieu of such an examination, the applicant may submit a report upon a physical examination made by a physician and acceptable to the Board, for the purpose of determining either the extent of the illness, injury, or the necessity of recuperation, or for the purpose of determining whether there is reasonable probability that he or she shall be physically able to return to service and to carry on the prescribed work as may be assigned by the Administration.

The Board reserves the right to determine the number of employees that may be granted a leave of absence in any one year.

The period of leave of absence without pay shall not be counted as a period of service for the purpose of determining placement on any salary guide.

Leaves
Employees who are drafted or enlist for military service are subject to placement, upon discharge, according to state and federal laws.

Teachers who return to the Maywood School System upon termination of a leave granted under H-2, below, shall be placed on the salary schedule at the level he would have achieved if he had not been on leave.

Employees on leave for a year or more, or for the major part of a year, shall not receive any increments for the period of such absence, nor shall such period of absence, except for teacher’s participating in programs granted under H-2 below and military duty, count toward experience on the guide. Upon return to duty, the teacher shall be placed on the step of the salary guide corresponding to his experience which will not include the time allotted for his leave of absence.

All leaves of absence are granted from the Maywood School System and not from a specific position herein.

No leave of absence shall be granted for employment in another business or occupation, other than provided specifically in this Agreement.

Benefits to which employees are entitled upon return from leave are covered by the tenure law, state, and federal laws.

All applications for extended leaves of absence or for extensions or renewals of such leaves shall be made in writing to the Superintendent in accordance with the Board’s Rules and Regulations.

The sabbatical leave plan is designed to help maintain instructional service at the highest level of quality and efficiency. While satisfactory service is its prerequisite, sabbatical leave is not a reward for past accomplishment. It is an opportunity made available to improve themselves professionally so that they may better serve the Maywood Public Schools.

An application for such leave shall be recommended by the Superintendent and approved by the Board, only when in their considered judgment, the professional competence of the staff member and the general efficiency of the school system will be benefitted.

In these regulations, the words “professional employee” shall be considered as including all certified personnel.

Eligibility

Any professional employee who has completed seven (7) years of continuous and satisfactory service in the Maywood Public Schools may be granted a sabbatical leave. A full year’s sabbatical leave may not be split between two (2) different school years.

Purpose and Obligation

The general reasons for sabbatical leave shall include the following:

Study, including residence requirement for graduate degree.

Travel, when associated with subject field.

Research leading toward publication.

Writing for publication when in subject field.

Other approved purposes.

Work opportunities, when minor in nature and directly growing out of one of the above purposes may be approved; however, this policy is not intended to provide for the substitution of full time, fully compensated employment in place of the regular professional assignment in Maywood.

The employee granted a sabbatical leave shall make a written report to the Superintendent within a reasonable time after returning to his professional assignment in Maywood.

Number of Leaves

Not more than two (2) professional employees may be granted sabbatical leave for the same academic year.

Application for Leave

Application shall be made on forms obtained from the Superintendent’s Office. Applications shall be submitted to the Superintendent no later than the first school day in January of the year preceding the school year for which the leave is requested. No other applications will be considered except under very unusual circumstances not attributable to the free choice of the applicant.

The Superintendent shall receive applications, evaluate them, and prepare recommendations for transmission to the Board. He may prepare a waiting list in order of priority if such becomes necessary because of an excess of applicants.

The recommendations of the Superintendent shall be transmitted to the Board. The decision of the Board shall be transmitted to each applicant in writing, not later than March 1. A teacher granted a sabbatical leave shall notify the Board of his final decision to take the leave or not, not later than April 15.

Approved sabbatical leaves shall generally start in September, except under very unusual circumstances not attributable to the free choice of the applicant.

Status of Tenure and Pension

The period of sabbatical leave shall count as regular service for the purpose of retirement planning and placement on the salary schedule and contributions by the professional employee to the retirement fund shall continue as usual during each period. Tenure rights shall not be impaired to the extent permitted by law.

Salary

The salary granted to a professional employee on sabbatical leave shall be 50% of the salary to which he would be entitled if not on leave, less the regular deductions for taxes, pension, and insurance.

Salary shall be paid in accordance with the general time schedule in the Maywood School System.

Professional employees on sabbatical leave shall not receive compensation from other employers without prior approval of the Superintendent.

Subsequent Service

As a condition to such leave, the professional employee shall enter into a contract to continue in the service of the Maywood Board of Education for a period of not less than two (2) years after the expiration of the leave of absence.

If a professional employee fails to continue in service after such sabbatical leave, he shall repay to the Board a sum of money bearing the same ratio to the amount of salary received while on sabbatical leave that the unperformed part of the two subsequent years of service bears to the full two years, unless the professional employee is incapacitated or has been discharged.

Illness or Accident

Should the approved sabbatical program be interrupted by serious accident or illness, this fact shall not constitute a breach of the conditions of such leave nor prejudice the professional employee against receiving all the rights and benefits provided for under the terms of sabbatical leave, providing the Superintendent was notified of such accident or illness by registered letter within ten (10) days of its occurrence.

Forfeiture of Leave

If the Superintendent learns that a professional employee is not fulfilling the purpose for which the sabbatical leave was granted, he shall report this fact to the Board and the Board may terminate the sabbatical after giving the professional employee an opportunity to be heard.

Sabbatical to Maternity Leave

If a professional employee on sabbatical leave determines that she is pregnant, she shall report this to the Superintendent and shall be transferred from sabbatical to maternity leave as of the date upon which she would have been required to accept leave under the rules regulating maternity leave.

Physical Examination

If an application for sabbatical leave is favorably considered by the Superintendent, the applicant may be given a physical examination at the discretion of the Board for the purpose of determining whether there is reasonable probability that he will be physically able to return to service for the minimum period required by these regulations.

Professional Leaves

The Board agrees that up to two (2) employees on tenure, designated by the Association shall, upon request, be granted leave of absence without pay for up to one (1) year for the purpose of engaging in activities of the Association and its affiliates.

A leave of absence without pay of up to two (2) years may be granted to any teacher on tenure who serves as an exchange teacher or overseas teacher, and is a full-time participant in any such programs, or who accepts a Fulbright Scholarship, or other worthwhile programs recommended by the Superintendent and approved by the Board.

A teacher who returns to the Maywood School System upon termination of a leave granted under H-2 above shall be placed on the salary schedule at the level he would have achieved if he had not been on leave.

Maternity
Employees shall be granted maternity leaves of absence without pay in accordance with the guidelines established by court decisions under the Federal and State Family Leave Act. (29 U.S.C.A. 2601 et seq.- N.J.S.A. 34:11B-1 et seq.)
Definition
The term "maternity leave" refers to a voluntary absence from work to prepare for the birth of a child or to care for the child after birth. A pregnant Employee who wishes to request maternity leave may:

Request a maternity leave beginning before the birth, while she is still physically able to work, and ending after birth.

Work until she becomes physically disabled, use her sick leave during the period of disability, and use maternity leave to care for the child after she has recovered from the pregnancy-related disability.

An Employee shall be considered temporarily disabled for a period of four (4) weeks before the expected due date of the child and four (4) weeks following the delivery of the child. During this period the Employee may use all or part of her annual and accumulated sick leave.

Notification
All initial applications for maternity leave shall be made in writing to the Superintendent.

Any Employee intending to apply for the maternity leave shall advise the Superintendent as soon as possible. The Employee shall deliver to the Superintendent a physician's certificate stating the expected delivery date of the child.

The Employee's request for maternity leave shall be in writing to the Superintendent at least 90 days prior to the date that she wishes her leave to commence. Such written request shall specify the dates when the Employee wishes her leave to commence and to terminate.

Leaves will normally begin on a date mutually agreed to by the Employee, physician, and the Superintendent and shall extend to the reinstatement date.

When in the opinion of the Board, the Employee's condition is in jeopardy, her job performance is declining, or absences place the progress of her students in jeopardy, the Board has the right to require a medical examination at its expense. Upon the recommendation of the medical examiner, the Board reserves the right to place the Employee on maternity leave immediately.

Length of Leave
Leave extending up to one (1) full year from the effective date will be granted.

Leaves will normally begin on a date mutually agreed to by the Employee, physician, and the Superintendent and shall extend to the reinstatement date. In cases of adoption, the leave shall commence on the employee receiving de facto custody of the infant, or either, if necessary to fulfill the requirements for adoption.

Child Care Provision - Tenure Teachers Only

A one (1) year (September 1 through June 30) child care leave shall be granted subsequent to maternity/paternity leave for tenured employees only. Such leave will be without pay. Notification of an employee's intent to request such leave must be submitted, in writing, to the Superintendent no later than April 15 in order to begin an extended leave from September 1 through June 30 of the following school year.
Paternity
The Board shall grant any male Employee an unpaid leave of absence to provide necessary care for his newborn child to the same extent and by the same procedure provided for maternity leaves. However, in the event that both parents are Employees of the Board, only one (1) parent may apply for and be granted child rearing or maternity leave.
Adoption
In the case of adoption, the Board shall grant any Employee an unpaid leave of absence to the same extent and in the same procedure provided by maternity leave. The leave shall commence upon the Employee receiving de facto custody of the infant, or to fulfill the requirements for adoption.
Resumption of Duties
Four (4) weeks before the reinstatement date, the employee shall forward in writing to the Superintendent a statement by her physician, certifying her ability to resume her normal duties.

Reinstatement shall be at the beginning of the next contract year following expiration of the leave or the employee may elect to take an available position for which she qualified at any time after the expiration of her leave.

Placement upon return from leave will be to a position for which the employee is qualified although not necessarily to the same position, building or grade level.

The best interests of the pupils will be protected as determined by the Superintendent of Schools.

Interrupted Pregnancy
In cases of interrupted pregnancy, the employee may return to active duty when her health will permit. Written verification from her physician that she is capable at that time of returning to her normal duties must be provided by the employee. The returning employee is subject to Sections 7b, c, and d, above this Article.
Insurance Coverage
Employees may decide to continue their medical insurance coverage at their own expense for a period subject to the rules and regulations of the State Health Benefits Plan. The employee is to contact the district’s business office to make appropriate arrangement.
Pension
Pension fund rights are protected during the official leave period in accordance with state law.

Military Leave shall be granted without pay at any time. Re-employment shall be in accord with New Jersey Statute 18A:28-12 and 18A:29-11

A leave of absence without pay of up to one (1) year shall be granted for the purpose of caring for a sick member of the employee’s immediate family. Additional leave may be granted at the discretion of the Board. Immediate family shall mean spouse, child, mother or father, or a relative who lives within the household of the employee.

ARTICLE 9 - INSURANCE PROTECTION

The Board shall provide the health care and dental care insurance protection designated below and shall pay the full premium for health care for each full-time employee and his/her family. Effective July 1, 1994, and annually thereafter, any increase in dental premium for individual, husband and wife, or family coverage paid by the Board over and above the base fiscal year 1993-1994 shall be borne equally (50%-50%) by the Board and the employee. 1993-1994 costs annually - single $351; husband and wife - $628; family - $1,069.

For each full-time employee who remains in the employ of the Board for the full school year, the Board shall make payment of health care and dental care insurance premiums to provide insurance coverage for the full twelve (12) month period commencing September 1 and ending August 31. When necessary, premiums on behalf of the employee and his family shall be paid retroactively or prospectively to assure uninterrupted participation and coverage.

Provision of health care and dental care insurance program shall be detailed in master policies and contracts by the Board. These plans shall include at least the same benefits provided in the 1991-1992 school year.

Effective July 1, 2008 the Traditional Plan shall be eliminated for all new hires and the base plan shall be either Direct Access or POS.

Effective July 1, 2008 the Board shall reimburse any employee who replaces his/her Traditional Plan with Direct Access or POS with one thousand dollars ($1,000). Any employee who accepts the reimbursement and replaces his/her Traditional Plan shall not be permitted to reenroll in the Traditional Plan.

The Board shall implement a medical insurance waiver 125 Plan for the 2008-2009 school year. Any employee who chooses to waive their medical insurance may only elect either the Direct Access Plan or the POS Plan upon reenrollment.

The Board shall provide to each employee, a description of a Health Care/Dental Care Insurance coverage provided under this Article, which shall include a clear description of conditions and limits of coverage.

ARTICLE 10 - DEDUCTION FROM SALARY

The Board agrees to deduct Association dues from the salaries of the members. Such deductions shall be made in compliance with Chapter 310, Public Laws of 1967 (N.J.S.A. 52:14-15.9e) and under rules established by the State Department of Education.

ARTICLE 11 - SALARIES

Salary guides for the school years 2008 through 2011 are attached hereto as Addendum A.

The salary increase for the 2008-2009 school year shall be 5%;

The salary increase for the 2009-2010 school year shall be 4.85%

The salary increase for the 2010-2011 school year shall be 4.85%

All increases are inclusive of increment and longevity.

Whenever persons employed for an academic year by a Board of Education shall indicate in writing their desire to participate in a summer payment plan, and such Board of Education approves such participation, then, and thereupon, the proper disbursing officer of the Board of Education, under such rules as may be promulgated by the Commissioner with the approval of the state board, is hereby empowered and directed to deduct and withhold an amount equal to 10% of each semi-monthly or monthly salary installment, from the payments of the salaries made to such employees as shall participate in such plan and the accumulated deductions for any academic year shall be paid to the employee or his estate under such rules as may be established by the Board of Education in one of the following ways:

At the end of the academic year;

in one (1) or more installments after the end of the academic year, but prior to September 1; or

upon death or termination of employment if earlier.

The Maywood Board of Education wishes to acknowledge the tenure and service of its personnel who have served the Maywood School District for twenty (20) years or more.

The Maywood Board of Education will award a longevity increment to the last yearly salary to personnel retiring under the rules and regulations of the New Jersey Teachers Pension and Annuity Fund or the Public Employees Retirement System of New Jersey. The formula for determining the increment shall be twenty-five percent (25%) of the unused portion of accumulated sick leave days, as of June 30 of the last school year of employment, times the daily rate of pay established by the existing guide at the time of retirement, and providing twenty (20) years or more of service has been in the Maywood School System.

The maximum individual claim under this provision is an accumulated sick leave total of up to and not to exceed 150 days.

To qualify for the longevity increment, personnel must submit written notification to the Superintendent of Schools 60 days prior to their specified date to retire. Retirement date(s) shall correspond with the end of a school marking period.

In the event of a death of an eligible party prior to severance or retirement, said payment will be made to the benefiting estate of the employee.

The longevity increment may be paid out at the end of the school year, or at the Employee’s option, 50% of this increase may be deferred and paid out the following school year.

All certificated staff with twenty (20) years or more of teaching service in the Maywood Schools shall receive an added annual longevity increment of $1,200.00. All longevity increments shall be paid in bi-monthly installments.

All certified staff with twenty-five (25) years or more of teaching service in the Maywood Schools shall receive an added annual longevity increment of $2,100.00. All longevity increments shall be paid in bi-monthly installments

These stipends are increments and non cumulative

This is covered by N.J.S.A. 18A:66 - Total Section.

The parties shall mutually agree upon five (5) disbursing agents to which the District shall forward, on a timely basis, salary deduction authorized, in writing, by employees. The disbursing agent shall place these deductions in a tax-sheltered annuity selected by the employee in accordance with State laws.

The Board will provide for automatic payroll deduction for the Association in the Central Bergen Teacher’s Federal Credit Union, Hackensack, New Jersey.

All teachers shall have a duty-free lunch period. (This is covered by New Jersey Administrative Code 6:3-3.2).

Teachers are to report no later than fifteen (15) minutes before the start of the school or program day and leave no sooner than ten (10) minutes after the end of the school or program day.

A program day may commence no more than 45 minutes earlier than the school day in the a.m.

A program day will terminate no later than 45 minutes before the end of a school day in the p.m.

The program day provision is not intended to, and will not establish, a basis for any future proposed reduction in force.

On days when students are dismissed early, teachers are required to remain until their regular dismissal time, unless permission is granted by the Superintendent to leave earlier. Such permission shall not be deemed to establish a precedent. Exceptions to the above shall be made on Presidential Election Day, the day preceding Christmas vacation, the last day of instruction in June and on a Back-to-School Night. Effective July 1, 2003, an exception to the above shall also be made on the day preceding Thanksgiving. On said four-hour days; teachers shall be dismissed ten (10) minutes after student dismissal.

The teacher’s work day at Memorial School shall be six (6) hours and fifty-five (55) minutes.

The teacher’s work day at Maywood Avenue School shall be seven (7) hours and five (5) minutes.
Staff meetings
Notwithstanding the language in paragraphs B.1 and B.3 above, teachers will be required to attend no more than three (3) staff meetings per month to a maximum of twenty-five (25) staff meetings per school year.

Additional meetings, beyond the limits set forth above, may be called in cases of emergency.

Work Day shall be defined as follows:
Kindergarten Teachers
minimum of a 55 minute duty-free lunch daily
minimum of one (1) 35 minute prep period daily
maximum of 295 student contact instruction minutes daily
Grades 1-3 Core, Non-Core and Special Education Teachers
minimum of a 55 minute duty-free lunch daily
minimum of one (1) 35 minute prep period daily
maximum of 300 student contact instruction minutes daily
a 35 minute weekly team meeting period for all grades 1-3 core teachers. This will be provided as long as there is no reduction in staff or increased number of academic sections.
Grades 4-5 Core, Grades 4-8 Non-Core, Grades 4-8 Special Education
minimum of a 42 minute duty-free lunch daily
minimum of one (1) 42 minute prep period daily
maximum of 306 minutes daily. These minutes include student passing time for movement between rooms and a weekly minimum of 42 minutes of team meeting time.
Grades 6-8 Core
minimum of a 42 minute duty-free lunch daily
minimum of one (1) 42 minute prep period daily
maximum of 240 minutes of student contact instruction time daily for five (5) core curriculum classes. The minutes do not include passing time.
on a weekly basis, there will be three (3) team meeting periods, one (1) lunch duty period, and one (1) team/extra help period.
Discipline Coordinator, Guidance Counselors, Nurses (work day shall be defined as A. through B.4.).
minimum of a 42 minute duty free lunch.
organizational time as needed (Administration).
assigned student contact instruction when necessary.
maximum of student contact performing specific area duties.
Pupil Tutorials:



All Teachers shall be available for either before or after school pupil tutorials. The pupil tutorials, which is intended to be a fluid program, shall be provided in accordance with the following schedule: all teachers will be available for three (3) pupil tutorial periods of twenty (20) minutes each, before or after school. The morning tutorial will end at the student arrival bell, and the afternoon tutorial will begin at the afternoon student dismissal bell. The beginning and ending times of the school day may only be changed upon consultation with the Maywood Education Association. The election to conduct the tutorial in the morning or afternoon shall first be made on or before the first day of the school year on which the individual teacher's attendance is required. This election shall continue for a minimum of five (5) months. Thereafter, their tutorial schedule may be changed mid-year, provided, however, that such an election is made on or before January 1.
Evening Parent - Teacher Conferences
Nothing herein shall limit the Board’s right to require teachers to attend three (3) evening parent-teacher conference programs annually. Each program shall not exceed two and one half (2-1/2) hours.

One of the three night meetings will be a Back-to-School Night annually.

Kindergarten teachers are excused from administrative line duty assignments and other teachers will continue to assume such assignments and makeup for the Kindergarten teacher deletion.

The Pre-School Program teacher contact time reduction by five (5) minutes in each of the a.m./p.m. instructional sessions, immediately preceding and following the lunch period, remains in effect for the duration of this contract period.

The salaries of all non-certificated secretaries who are covered by this Agreement are set forth in Addendum B.

Non-certified staff with twenty-five continuous years of uninterrupted service in the Maywood schools shall receive an added annual stipend of $1000 above and beyond basic salary.

Classification #1 – Secretary
Ten (10) month secretaries in school offices work seven (7) hours per day for the school calendar plus nine (9) days in summer.

Secretaries shall be permitted time off to attend Association meetings to a maximum of four (4) meetings per school year, with dismissal not prior to 3:15 p.m.

Classification #2 Secretary (12-month Secretary)

VACATIONS

Years Employed by Board	Number of Vacation Days
1-4	10
5-9	15
10+	20

An employee must have their request for use of vacation time approved by the Superintendent at least three (3) weeks prior to the commencement of the vacation.

Upon employee request, vacation pay will be tendered prior to the commencement of the vacation.

Employees who receive eleven (11) or more vacation days may only use ten (10) vacation days during the District's summer vacation.

Employees hired after July 1^st will receive a prorated amount of vacation days proportional to the amount of time they are actually employed during their first year of employment.

An employee shall not accrue vacation time during any leave of absence that exceeds thirty (30) days.

Vacation days are to be taken in the school year following the school year in which they are earned. However, a secretary who begins their employment between July 1 and January 1 may take his/her earned vacation days during the remainder of his/her first school year of employment.

HOLIDAYS

All twelve (12) month secretarial employees are entitled to the following thirteen (13) paid holidays.

New Year’s Eve Day
New Year’s Day
President’s Day
Good Friday
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran’s Day
Thanksgiving Day
Friday after Thanksgiving
Christmas Eve Day
Christmas Day

Secretaries shall work a half day on the Wednesday before Thanksgiving and will be dismissed ½ hour after student dismissal for the Christmas Vacation.

In any school year where a contractual holiday falls on a Saturday or Sunday, the Superintendent will designate the holiday.

This Agreement constitutes Board policy for the term of said Agreement, and the Board shall carry out the commitments contained herein and give them full force and effect as Board policy.

If any provision of this Agreement or any application of this Agreement to any employee or group of employees is held to be contrary to State or Federal law, then such provision of application shall not be deemed valid and subsisting, except to the extend permitted by law, but all other provision or applications shall continue in full force and effect.

Any individual contract between the Board and an individual employee, heretofore or hereafter executed, shall be subject to and consistent with the terms and conditions of the Agreement, this Agreement, during its duration, shall be controlling.

Copies of this Agreement shall be duplicated at the expense of the Board within thirty (30) days after the Agreement is signed, and shall be presented by the Board to all employees now employed, hereafter employed, or considered for employment by the Board.

All part-time employees hired after July 1, 1994 who regularly works less than a full week or full work day shall receive pro-rated sick leave and personal leave days.

Whenever any notice is required to be given by either of the parties to this Agreement to the other, pursuant to the provisions of this Agreement, either party shall do so by letter at the following addresses

If by Association, to the Board, at:

If by the Board, to the Association at:

1. Salary increments and/or adjustments shall be awarded on the basis of satisfactory service and shall not be considered automatic.

The Superintendent shall have the responsibility to recommend to the Board the withholding of any salary increment and/or adjustment for inefficiency, misconduct, insubordination, violation of policies and/or provisions of this Agreement and for other good causes.

The Board agrees to employ the following procedure in such cases involving the withholding of salary increments and/or adjustments.

The Superintendent shall give the individual concerned, written notice of the alleged cause or causes for a recommendation to withhold a salary increment and/or adjustment.

The individual affected may, within five (5) days, request in writing an opportunity to meet with the Superintendent. Should such a meeting be requested, the Superintendent shall make no recommendation to the Board until after the meeting occurs.

Should the Superintendent recommend that the Board withhold a salary increment and/or adjustment, the individual so affected shall be given written notice of such recommendation.

Within five (5) days after receipt or written notice by the Superintendent, the individual affected may request a meeting with the Board, in order to speak in his/her own behalf before the Board.

The Board shall afford the individual a reasonable opportunity to meet with the Board within ten (10) days after receiving a written request for such a meeting.

The Board shall within ten (10) days after said meeting, give written notice of its determination together with reasons to the individual concerned.

After the final determination of the Board, the method of review shall be that set forth in 18A:29-14.

ARTICLE 15 - DURATION OF AGREEMENT

This Agreement shall be in effect from July 1, 2008 and shall remain in full force and effect through June 30, 2011.

This Agreement shall continue in full force and effect with all attendant benefits until a successor Agreement is ratified by the Board and the Association.

WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed by their respective presidents, attested to by their respective secretaries, and their corporate seals to be placed hereon, all on the day and year first written above.

WITNESS: By:________________________ Cecelia C. Perumal Board Secretary/ School Business Administrator	MAYWOOD BOARD OF EDUCATION: By:________________________ Laura Katchum President
WITNESS: By:_________________________ Gerald Schilp Negotiations Chairman	MAYWOOD EDUCATION ASSOCIATION: By:________________________ Robert Byrne President

STEP	BA	MA	MA+30
1	43,400	45,000	50,000
2	44,190	45,920	51,300
3	44,690	46,650	52,390
4	45,315	47,390	53,440
5	45,940	48,125	54,500
6	46,540	48,860	55,560
7	47,165	49,600	56,610
8	48,100	50,330	58,920
9	49,050	52,150	62,310
10	50,740	54,400	65,910
11	53,040	57,284	70,450
12	55,450	60,320	74,560
13	57,960	63,516	79,160
14	60,690	66,883	83,950
15	63,340	71,163	88,950
16	66,210	75,800	94,950

Teachers who are eligible for advancement to the MA or MA+30 column will move to the appropriate column and will be placed on the step number that they would have been on, had they not moved horizontally. (For example, someone who would have been on BA Step 13 who obtains a Masters degree would move to MA Step 13). Years of experience of other staff members on the advanced column will not affect step placement of staff who move horizontally across the guide.

STEP	BA	MA	MA+30
1	45,000	46,200	51,000
2	45,780	47,280	52,100
3	46,530	48,280	53,600
4	47,080	49,080	54,650
5	47,730	49,880	55,800
6	48,380	50,630	56,900
7	48,980	51,405	58,000
8	49,580	52,180	59,100
9	50,580	52,930	62,400
10	51,530	54,855	66,000
11	53,230	57,380	70,500
12	55,630	60,480	74,625
13	58,180	63,680	79,200
14	60,780	66,980	84,500
15	63,580	71,280	89,800
16	66,480	75,800	96,870

Teachers who are eligible for advancement to the MA or MA+30 column will move to the appropriate column and will be placed on the step number that they would have been on, had they not moved horizontally. (For example, someone who would have been on BA Step 13 who obtains a Masters degree would move to MA Step 13). Years of experience of other staff members on the advanced column will not affect step placement of staff who move horizontally across the guide.

STEP	BA	MA	MA+30
1	46,600	48,800	52,000
2	47,120	49,600	53,500
3	48,020	50,300	55,020
4	48,910	51,000	56,550
5	49,610	51,700	57,725
6	50,310	52,500	58,850
7	51,010	53,200	60,050
8	51,710	53,900	61,200
9	52,410	54,700	62,400
10	53,110	55,500	66,270
11	54,110	57,500	70,500
12	55,860	60,480	75,000
13	58,310	63,680	80,000
14	61,000	67,000	86,000
15	63,700	71,300	92,000
16	66,600	77,300	98,900

Teachers who are eligible for advancement to the MA or MA+30 column will move to the appropriate column and will be placed on the step number that they would have been on, had they not moved horizontally. (For example, someone who would have been on BA Step 13 who obtains a Masters degree would move to MA Step 13). Years of experience of other staff members on the advanced column will not affect step placement of staff who move horizontally across the guide.

	2008-2009	2009-2010	2010-2011
OG1	78,000	79,880	81,500
OG2	85,250	87,300	89,025

No additional staff will move off-guide.

Part-time annual rate should be established and then pro-rated to decimal equivalent based on hours worked.

	2008-2009	2009-2010	2010-2011
McKegney	41,580	43,596	45,711
Cerone	27,893	29,246	30,665
Huss	32,501	34,077	35,730
Lukach	29,262	30,682	32,170
Burger	26,669	27,962	29,319
Totals	157,905	165,563	173,595

Position	Annual Stipend
	2008-20092009-20102010-2011
GEPA - After School – 3 Sections	$54$56$59
Detention Monitor	$29$31$32
Technology Trainer (After School)	$54$56$59
Girls’ Basketball Coach	$3,003$3,149$3,301
Boys’ Basketball Coach	$3,003$3,149$3,301
Cheerleading Advisor	$2,620$2,747$2,880
Basic Skills Coordinator	$525$550$577
MAS Computer Resource Person	$525$550$577
MEM Computer Resource Person	$525$550$577
Chess Club Advisor	$294$308$323
Ski Club Advisor	$294$308$323
Clean Earth Advisor	$294$308$323
Student Council Advisor	$893$936$981
MAS Yearbook Advisor	$1,481$1,552$1,628
MEM Yearbook Advisor	$473$495$519
MAS Newspaper Advisor	$714$749$785
Intramural Advisor – Fall	$656$688$721
Intramural Advisor – Winter	$656$688$721
Intramural Advisor – Spring	$656$688$721
Grade 6 Outdoor Trip Coordinator	$593$622$652
Grade 6 Outdoor Trip Chaperone	$147$154$162
Grade 8 Overnight Trip Coordinator	$593$622$652
Grade 8 Overnight Trip Chaperone	$147$154$162
Tournament of Champions Chaperone	$131$138$144
Technology Coordinator	$982$1,029$1,079
Basketball Chaperone	$48$51$53
Cross Country Coach	$1,302$1,365$1,431
Team Leader	$536$561$589
Collaborative Teacher	$536$561$589
Teacher In Charge	$85 per diem$89 per diem$93 per diem

The stipend for the collaborative teacher shall be prorated to reflect the number of months the teacher works collaboratively if the teacher does not complete a full year of collaborative teaching.