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

An “aggrieved person” is the person or persons on behalf of whom the Association is making the claim.

Within twenty-five (25) calendar days of the occurrence of an event which gives rise to a grievance, an employee shall present his grievance at Level One. An employee with a grievance shall first discuss it with his Principal or immediate supervisor, through the Associations designated representative, with the objective of resolving the matter informally. The immediate supervisor referred to herein shall be the Director of Buildings and Grounds.

If the Association is not satisfied with the disposition of the grievance at Level One, or if no decision has been rendered within five (5) calendar days after presentation of the grievance, the Association may refer it to the Superintendent of Schools or his/her designee.

If the Association is not satisfied with the disposition of the grievance at Level Two, or if no decision has been rendered within ten (10) calendar days after the grievance was delivered to the Superintendent, it may refer the grievance to the Board of Education. The Board of Education may hold a hearing with the Association’s representatives prior to rendering a decision.

If the Association is not satisfied with the disposition of the grievance at Level Three or if no decision has been rendered within fifteen (15) calendar days after the grievance was delivered to the Board, it may within ten (10) calendar days after the decision by the Board or twenty (20) calendar days after the grievance was delivered to the Board, whichever is sooner, submit its grievance to arbitration provided the subject mailer of the grievance alleges a violation of the written terms of this Agreement.

The Association may request a list of arbitrators from the Public Employment Relations Commission (PERC). The parties shall then be bound by the rules and procedures of the Public Employment Relations Commission.

The arbitrator so selected shall confer with the representatives of the Board and the Association and hold hearings promptly and shall issue his 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 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 of fact, reasoning, and conclusions on the issues submitted. The arbitrator shall be without power to add to, subtract, or modify the terms of this Agreement. The decision of the arbitrator shall be submitted to the Board and the Association.

Decisions of the Board at Level Three in the following matters shall be final and such decisions shall not be subject to arbitration under this Agreement:

any matter for which a method of review is prescribed by law.

any rules or regulations of the State Commissioner of Education.

any mailer which, according to law, is either beyond the scope of Board authority or is limited to action by the Board alone.

a complaint of an employee which arises by reason of his/her not being re—employed, including, but not limited to, his/her non—reappointment to any position which is not—tenured under law.

The arbitration, pursuant to this paragraph and the decision of the arbitrator, shall be final and binding on the parties. The authority of the arbitrator is limited to the interpretations, application, or the compliance with the provision of this Agreement, and the arbitrator shall have no authority to modify, add to, subtract from, or in any way alter any of the terms of this Agreement, and shall be bound by all applicable New Jersey and Federal Statutes, the Constitutions of the State of New Jersey and of the United States, and all decisions of the Commissioner of Education, the State Board of Education, the Courts of the State of New Jersey, and the Federal Courts having jurisdiction over matters arising within the State of New Jersey.

The costs for the services of the arbitrator, including per diem expenses, shall be shared by the Board and the Association equally. Any other expenses incurred shall be paid by the party incurring same.

Any aggrieved person shall be represented at all stages of the grievance procedure by a person selected or approved by the Association.

Joint conference with:
Director of Buildings and Grounds;
School Business Administrator;
Superintendent of Schools;
Board of Education.

If an employee does not become a member of the Association during any membership year (i.e. from September 1 to the following August 31) which is covered in whole or in part by this Agreement, said employee will be required to pay a representation fee to the Association for that membership year to offset the costs of services rendered by the Association as majority representative.

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 nonmembers will be equal to the maximum allowed by law.

The Board agrees to deduct from the salary of any employee who is not a member of the Association for the current membership year, the full amount of the representation fee set forth in Section 2 above and promptly will transmit the amount so deducted to the Association.

The Board agrees to deduct the representation fee in equal installments, as nearly as possible, from the paychecks paid to each bargaining unit member during the remainder of the membership year in question. The deductions will begin 30 days after the member begins his/her employment in a bargaining unit position.

If an employee who is required to pay a representation fee terminates his/her employment with the Board before the Association has received the full amount of the representation fee to which it is entitled under this Article, the Board will deduct the unpaid portion of the fee from the last paycheck paid to said bargaining unit member in question and promptly forward same to the Association.

Except as otherwise provided in this Article, the mechanics for the deduction of the representation fees and the transmission of such fees to the Association will, as nearly as possible, be the same as those used for the deduction and transmission of regular membership dues to the Association.

The Association will indemnify and hold harmless the Board of all legal costs, fees, and other costs arising from any action brought by a bargaining unit member regarding the agency fee provision. Said indemnification is predicated on the Board complying with the contractual provisions and applicable law.

Employees who are eligible to receive any enrollment level above single for insurance under A. above, and those who are eligible to receive any enrollment level under B. or C. above are eligible to participate in this insurance waiver incentive plan.

An employee waiving coverage under A. (health/hospitalization) must provide proof of alternative coverage or the waiver will not be allowed. Employees who have no other dental, prescription, or vision coverage may waive any or all of those coverage’s.

Employees may waive one or more of the insurances in A., B., and C. above.

Each potentially eligible employee will receive a form from the administration. It will contain a final return date and waiver of coverage, and will specify the incentive payment which will be received.

Employees who are eligible for any enrollment above single coverage under A. above or who are eligible for any enrollment level under B. or C. above, and who waive all coverage for any of the four types of insurance for a full year shall receive 25% of the premium cost of the waived insurance(s).

An employee who waives coverage may re-enroll in such coverage at the open enrollment periods, subject to carrier rules. The only exception is that, if a spouse’s health/hospitalization coverage under A. above is terminated during an insurance year, the employee may re-enroll immediately in the District’s plan. If such re-enrollment occurs during the insurance year, no incentive payment will be made to the employee for that year.

The payment shall be made in the July of the year following the waiver.

In order to protect all employees from Federal and State taxation of existing benefits, if this plan is in effect, the District will set up a Section 125 account.

The provisions of D. expire at the close of business on June 30, 2010 unless extended by the parties in writing.