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AGREEMENT
BETWEEN
BOARD OF EDUCATION OF THE TOWNSHIP OF WEST ORANGE
AND
THE ADMINISTRATORS’ ASSOCIATION OF THE
WEST ORANGE PUBLIC SCHOOLS
FOR THE PERIOD 7/1/06 - 6/30/09
THIS AGREEMENT, made as this 1st day of July , 2006, between the Board of Education of the Township of West Orange, in the County of Essex, hereinafter called the “Board”, and the Administrators’ Association of the West Orange Public Schools, hereinafter called the “Association”.
WHEREAS, the Board and the Association have carried on negotiations in order to implement the provisions of N.J.S.A. 34:13A-1 et seq. (New Jersey Employer-Employee Relations Act)
and to encourage and increase the effective and harmonious working relationships between the parties hereto; and
WHEREAS, as a result of said collective negotiations, the parties have reached certain agreements with respect to a collective negotiations agreement.
NOW, THEREFORE, in consideration of covenants hereinafter contained, it is mutually understood and agreed as follows:
ARTICLE I
RECOGNITION
The Board recognizes the Association as the majority representative in accordance with N.J.S.A. 34:13A-1 et seq. for the following positions:
A. Principals, Assistant Principals, and Department Supervisors, but excluding the
positions of Assistant Superintendents.
ARTICLE II
WORK YEAR
A. The work year for all personnel covered by the Agreement who are employed for what
is commonly referred to as a “12-month contract” shall be as follows:
1. Between September 1 and June 30, the Administrators’ employment calendar
shall coincide with the regular school calendar, except that the time between
September 1 and the opening day of school, and the time between the closing
day of school and June 30 shall be considered as required days of employment.
2. In addition, the weeks between July 1 and September 1 shall be considered as
required weeks of. employment.
3. The work year for “12-month employees’ set forth above is subject to the
provisions for vacations set forth in this Agreement.
4. Effective July 1, 2003 all Supervisors will assume K-12 responsibilities and work an additional ten days during the months of July and August. Seven of these ten days will be at the discretion of the Superintendent, and the three remaining days, which are mandatory, will be the three work days just prior to September 1. Supervisors will be paid a per diem rate for the additional ten days based on their salary which will become part of their base salary for the duration of the contract.
5. In the event that a supervisor is required to perform any summer work during a period of time that exceeds that supervisor’s requisite number of summer work days, said supervisor will be compensated at a rate of $475.00 per day for a maximum of time not to exceed three days. The exact number of such days will be determined by and granted with the approval of the Superintendent.
This process will be facilitated through the document cited in Appendix D.
B. It is recognized that emergency situations may arise wherein the presence of the
Administrators may be necessary, in which event they will respond.
ARTICLE III
VACATIONS
A. All employees covered by this Agreement, who are “12-month employees” and who
have completed one year of service, shall receive a vacation of twenty-two (22) working
days, accumulated at the rate of two (2) days per month worked. Vacation shall be taken
the twenty-two (22) working days prior to the ten (10) working days before September 1st. An employee may also take part of his or her twenty-two (22) vacation days at other
times during the work year, if the approval of the Superintendent is first obtained.
B. In the event that an employee is required to work by the Board or the Superintendent during the part of the summer when vacations would normally be taken, in order to
cooperate with the Superintendent in fulfilling the needs of the school system, and is
therefore prevented from taking vacation, he or she shall, as determined by the Board,
be paid in lieu of the vacation or paid in part for the vacation and permitted to accumulate
the portion of his or her vacation for which he or she is not paid.
C. Each member of the Association employed on a twelve-month basis shall, upon leaving the district, be permitted to exchange ten accrued/unused vacation days for a current per diem compensation. These days shall be considered in addition to and apart from the vacation days due to the member for the year of departure. Therefore, the maximum number of days for which an administrator shall be paid is 32 (22 earned vacation days from July 1 – June 30th of the year prior to the date of departure plus 10 accrued/unused vacation days from previous years).
ARTICLE IV
REASSIGNMENT
A. The Board recognizes that the employees have a valid interest in the positions to which
they are assigned. The Board agrees that in the event of a proposed reassignment, the
employee shall be consulted with respect thereto as soon as possible and prior to formal
Board action on the reassignment. The Association recognizes that the reassignment of
employees is the exclusive prerogative of the Board.
ARTICLE V DUTIES
The members of the Association agree to perform their duties in accordance with the Agreement, the rules, regulations, policies and by-laws of the Board, the State Board of Education and the statutes pertinent thereto.
ARTICLE VI NEGOTIATIONS
A. The parties agree that all negotiable items raised by the parties have been discussed during the negotiations leading to this Agreement, and therefore agree that the negotiations will not be reopened on any item, whether contained herein or not, during the life of this Agreement, unless by mutual consent.
ARTICLE VII
INSURANCE
A. The Board shall provide insurance protection, as presently established for the Association and specifically set forth in the master policies held by the Board and specified in Appendix “C” hereafter set forth.
ARTICLE VIII
TUITION AID/PROFESSIONAL DEVELOPMENT
A. The Board and the Association recognize that continued professional growth is a joint responsibility of the employee and the school system in which he/she is employed.
` To that end, the Board agrees, for the term of this Contract, to reimburse employees covered by this Agreement up to three hundred dollars ($300) for approved course credits completed with a maximum of fifteen (15) course credits taken in any one year (July 1 - June 30), in accordance with the Tuition Aid Plan, which is attached hereto as Appendix “A”.
If the Board of Education directs an Administrator or Supervisor to participate in a specific program of professional development, the Board shall pay full tuition, registration and related costs.
ARTICLE IX
SALARIES
A. The salary guide of all employees covered by this agreement is set forth in Schedule
“A” attached hereto and incorporated by reference as are the positions filled by the
employees. The Salary Guides specify salaries for 12-month personnel. The guides
for Department Supervisors specify salaries for a 10-month work year.
B. Increments may be withheld by the Board pursuant to N.J.S. 18A.
C. Initial salary guide placement of newly appointed personnel shall be at such point as
may be agreed upon by the employee and the Board.
D. All guides will be advanced by 4.0 percent each year of the agreement.
E. Administrators who have completed the following specified years of service in the
West Orange School District will receive the following stated additional compensation
for each school year, pro-rated from the relevant service completion anniversary date:
FOR THE 2006-2007 SCHOOL YEAR:
Completion of 9-13 years of service………………………………..$4,690.00
Completion of 14-18 years of service................................................$5,720.00
Completion of 19-23 years of service................................................$6,760.00
Completion of 24-28 years of service................................................$7,800.00
Completion of 29 years of service and over.......................................$8,840.00
FOR THE 2007-2008 SCHOOL YEAR:
Completion of 9-13 years of service………………………………..$4,867.00
Completion of 14-18 years of service................................................$5,949.00
Completion of 19-23 years of service................................................$7,030.00
Completion of 24-28 years of service................................................$8,112.00
Completion of 29 years of service and over.......................................$9,194.00
FOR THE 2008-2009 SCHOOL YEAR:
Completion of 9-13 years of service………………………………. $5,062.00
Completion of 14-18 years of service................................................$6,187.00
Completion of 19-23 years of service................................................$7,311.00
Completion of 24-28 years of service................................................$8,436.00
Completion of 29 years of service and over.......................................$9,562.00
F. Administrators supervising summer schools, as currently constituted, will receive $1000 compensation for the services that they render in this capacity.
ARTICLE X
SELECTION OF PERSONNEL
A. The Board recognizes that Administrators and Supervisors have a valid interest in the personnel selected and assigned to work under their supervision. The Board agrees that, in the processing of proposed candidates for positions to work under said Administrators,
such proposed candidates will be interviewed by said Administrators, who shall make written recommendations or evaluations for consideration by the Board; however, the Association recognizes that the selection and assignment of personnel is the exclusive prerogative of the Board.
B. Building administrators will have direct input into the hiring, transferring and evaluation of custodial staff.
ARTICLE XI
SABBATICAL LEAVE
A sabbatical leave shall be granted to an employee covered by this Agreement by the Board for study, for travel, or for other reasons of value to the school system, subject to the following conditions:
If there are sufficient qualified applicants, sabbatical leaves shall be granted to one (1) employee covered by this Agreement at any one time.
B. Requests for sabbatical leave must be received by the Superintendent in writing no later than December 1, and action must be taken on all such requests no later than February 1 of the school year preceding the school year for which the sabbatical leave is requested.
C. The plan is as follows:
One (1) year’s leave at 80% after seven (7) years of service to the District.
D. Upon return from sabbatical leave, an Administrator shall be placed on the salary schedule at the level which he or she would have achieved had he or she remained actively employed in the system during the period of his or her absence.
The Board’s present policy regarding sabbatical leaves remains in full force and effect except as herein above modified.
ARTICLE XII
FINANCIAL TERMS OF THIS AGREEMENT
The Association acknowledges the right of the Board to alter and amend its rules concerning the operation of the schools, based upon educational needs. The Board agrees, however, that it will not alter the basic financial terms of this contract, specifically:
A. Salaries for the work year
B. Sick Days
C. Personal Days
D. Emergency Leave
E. Vacations
F. Insurance Protection; and
G. Tuition Aid Plan;
during the terms of this Agreement without making appropriate adjustments as to these basic financial terms, with the employees covered by this Agreement.
ARTICLE XIII
EMPLOYEE ABSENCES
A. Employees shall be granted absence from employment as presently established by the By- laws, and Policies of the West Orange Board of Education, which is attached hereto as Appendix “B” (for reference).
ARTICLE XIV
GRIEVANCE PROCEDURE
A. STATEMENT OF PURPOSE
1. The primary purpose of this procedure is to secure promptly and at the lowest possible level possible, equitable solutions of claims of the aggrieved person. Both parties agree that these proceedings shall be kept as confidential so far as practicable at each level of this procedure.
2. It is recognized that all complaints and grievances will be processed in good faith by both parties. Since it is important that grievances be processed as rapidly as possible, every effort shall be made to expedite the process.
B. DEFINITIONS
1. A “complaint” is an expression of dissatisfaction in an unwritten form.
2. A “grievance” is an alleged violation of the application meaning, or interpretation of any provisions of this Agreement.
3. The term “grievance” and the procedure relative thereto shall not be deemed applicable in the following instances:
(a) The failure or refusal of the Board to renew a contract of a non-tenure employee;
(b) In matters where a method of review is prescribed by any rule, regulation or by-laws of the State Commissioner of Education or the State Board of Education;
(c) In matters where the Board is without authority to act;
(d) In matters involving the sole and unlimited discretion of the Board;
(e) In matters where the discretion of the Board may not be unlimited but, where, after the exercise of such discretion, a further review of the Board’s action is available to employees under provisions of State Law.
4. The term “Superintendent” shall mean the Superintendent of Schools or his designee.
5. The term “Administrators” includes all individuals who are represented by the Administrators’ Association of the West Orange Public Schools.
6. The term “person” means an aggrieved employee within the Negotiating Unit. The term “Board” means two (2) members of the Board of Education.
7. The term “days” shall mean school days.
8. There shall be a “grievance committee” made up of representatives of the Association.
C. GRIEVANCE PROCEDURE
A. The Board recognizes the role of Administrators and Supervisors as members of the management team and agrees to receive and consider their concerns and suggestions with respect to contract negotiations with all employee groups whom the Administrators supervise and whose contracts they must enforce. This will be accomplished by means of a Management Team, which will confer with the Board’s Negotiating Team at appropriate times in the negotiations process.
A. The Superintendent of Schools agrees to meet with the Executive Board of the Association for the purpose of discussing topics of mutual interest. Meetings shall be scheduled at times and places that are agreeable to both parties.
ARTICLE XVI
RETIREMENT COMPENSATION
A. Upon retirement from a State administered system, after (20) years of service with the District, or
upon leaving the District after twenty five (25) years of service, each Administrator or Supervisor who has accumulated at least fifty (50) sick leave days, during and from service in the District, shall be entitled to receive compensation of $125 for each unused sick day to a maximum compensation of $25,000.
B. Notice of intention to claim the benefits provided herein must be made in writing to the Board on or before November 30th prior to the school year on which the retirement or leaving the District becomes effective. The benefit shall be paid to the Estate of an Administrator who has given notice of intent to retire and to claim the benefit but who dies before his or her retirement becomes effective. In the event an Administrator fails to give notice by November 30th for the reason that he or she has not at that time determined to retire, but subsequently due to some unforeseen reason such Administrator is compelled to retire, the Administrator shall give notice of the condition causing retirement as soon as possible. In the event such Administrator demonstrates valid reason to waive the November 30th notice date, he or she will receive the benefit provided for. In the event of late notice of retirement without valid reason, or late notice of leaving the District, payment of the benefit will be deferred to the school year following the retirement date, unless such late notice is waived by the Board.
C. The benefit shall be paid to the Estate of an employee who has met the service requirements for the benefit if that employee dies (1) before retirement or (2) after retirement but before receipt of the benefit, irrespective of whether the employee filed a notice of intention to claim the benefit. In the event the benefit shall become payable to the Estate of the employee, the Estate must provide the Board with written notice of its claim to the benefit within (1) year of the death of the employee who earned the benefit, or the Estate’s right to claim the benefit shall be extinguished.
ARTICLE XVII
FUTURE NEGOTIATIONS
A. At any time after October 1, 2008 and upon thirty (30) day’s notice given to either side, the parties hereto shall commence negotiations for a new Agreement for the next ensuing school year, or any additional periods that the parties may agree upon, provided that the Association shall prove continued majority representation of those employees in the appropriate unit under procedures approved by the Association and within N.J.S.A. 34:13 A-1 et. seq.
ARTICLE XVIII
MISCELLANEOUS
A. The fixed monthly automobile allowance for the High School Principal, and all Supervisors and all other employees who are required to use a personal automobile in the performance of supervisory duties shall be $56.00 per month. All other employees entitled to reimbursement other than at such fixed monthly rate shall be reimbursed for such travel at the prevailing I.R.S. approved rate.
B. The shared cost of printing the contract by a professional printer shall be pro-rated by the number of copies requested by each party. The finalized Agreement shall be distributed to both parties within thirty (30) days after execution of the Agreement.
C. The Board agrees to compensate Administrators for instruction for all in-service courses and new teacher orientation courses. Courses for which compensation will be paid will be designated by the Superintendent of Schools. A written document or contract signed by the Superintendent of Schools and the Administrator(s) will serve as an agreement for which course will be compensated. It is understood that absent any such agreement, Administrators will continue to conduct staff development activities consistent with their responsibilities. The hourly rates will be as follows for the three years of the agreement: $65 – 1st year; $70 – 2nd year; $75 – 3rd year
ARTICLE XIX
A. 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 law the such provision or application shall not be deemed valid and subsisting, except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect.
A. 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 this Agreement. If any individual contract contains any language inconsistent with this Agreement, this Agreement, during its duration, shall be controlling.
A. Wherever any notice is required to be given by either of the parties of this Agreement to the other, pursuant to the provisions of this Agreement, either party may do so at the following addresses:
1. If by Association, to Board at 179 Eagle Rock Avenue
West Orange, NJ 07052
2. If by Board, to Association at 289 Main Street
West Orange, NJ 07052
ADMINISTRATORS’ ASSOCIATION OF BOARD OF EDUCATION OF THE
THE WEST ORANGE PUBLIC SCHOOLS TOWNSHIP OF WEST ORANGE IN
THE COUNTY OF ESSEX
By:________________________________ By:______________________________
President President
Attest: Attest:
______________________________ ________________________________
APPENDIX “A”
TUITION REFUND PLAN
1. The West Orange Board of Education will pay for approved graduate work under any of the following conditions:
If the course or subject is part of an employee development program worked out between the employee and the Superintendent of Schools.
If the subject or course is directly related to the employee’s function as an educator in the school system.
If the subject or course is part of a degree program which is directly related to the employee’s function in the school system.
2. This tuition refund policy is applicable to contracted full-time employees who are not on sabbatical or any other extended leave.
- Course Approval:
a. To insure that a proposed course will be approved for refund, the employee must submit an application for Tuition Aid to the Superintendent of Schools and receive approval of the course(s) prior to the first class meeting.
- The course or subject must be conducted under the auspices of a recognized educational institution accredited by the New Jersey State Department of Education for the granting of advanced degrees.
- Correspondence courses shall be approved.
a. The Board of Education shall refund the employee’s tuition up to the amount charged per credit by the State Universities of New Jersey for credits taken at any such State Universities or, for credits taken at accredited recognized educational institutions other than State Universities, shall refund the employee’s tuition up to $300 per credit for a maximum of 15 credits taken in any one year (July 1- June 30) provided:
- The employee is actively employed by the Board at the time he/she registers for the course.
- The employee has completed the course or subject, has received credit therefore, and has had the educational institutional forward an official transcript to the Superintendent.
- The employee completes the school year in which the application was approved and continues in the employ of the District for the following school year. Each year following the September meeting of the Board of Education, reimbursement shall be made for course work taken during the previous year (July – June 30).
- If an employee is eligible to receive governmental or any other assistance for any course or subject which meets the requirements specified above, such an employee would be entitled to receive the difference, if any, between such assistance and the reimbursement allowed hereunder.
c. The costs of any fees, books, transportation, etc., are not eligible for reimbursement.
APPENDIX “B”
ABSENCE OF EMPLOYEES
1. Sick Leave for Personal Illness
All twelve-month employees shall be allowed twelve (12) days absence annually with full salary for sickness in person or quarantine. All employees shall receive credit for their accumulated days of sick leave. Thereafter, all unused sick leave shall be added to the accumulated total. Full salary shall be paid for absence due to sickness until such accumulated leave is exhausted. Thereafter, full salary shall be deducted in accordance with the method of calculating the daily rate. Ten-month employees will be allowed ten (10) days absence annually with full pay for sickness or quarantine.
2. Extended Sick Leave
In the event of a prolonged or catastrophic illness which results in the Administrators’ absence exceeding his or her accrued sick leave, the Board will review the case and give consideration to extending salary payments. The Board will have the sole discretion to act in each case.
3. Supplementary Sick Leave
Full-time employees shall be credited with five (5) days supplementary sick leave allowance for each year of service with unused sick days to be accumulated. Full-time employees, who have exhausted their regular sick leave, may utilize the accumulated supplementary sick leave to the extent necessary to provide total compensation of three(3) days a month.
4. Credit for Unused Accumulated Sick Leave from Other School Districts in the Same State
Credit for unused accumulated sick leave days from another school district in the State of New Jersey shall be granted by the board consistent with New Jersey Statutes (currently a maximum of 60 days). The employee must present a certificate from the prior district, listing the unused sick days. This request must be presented within the first year of employment.
5. Leave of Absence Due to Personal Illness
Employees may request in writing a leave of absence due to illness or health reasons. Such a request shall be made to the Superintendent of Schools who shall transmit the request for Board of Education action. The Board of Education reserves the right to grant special extension of such leave in individual cases which, in its judgment, are deserving of such.
6. Compensable Absence:
Whenever any employee is absent from his post of duty as a result of a personal injury caused by an accident arising out of and in the course of his employment, the Board of Education shall pay to such employee the full salary of wages for the period of such absence charged to the annual sick leave or the accumulated sick leave provided in N.J.S.A. 18A:30-2 and 18A:30-3. Salary or wage payments provided in this section shall be made for absence during the waiting period and during the period the employee received or was eligible to receive a temporary disability benefit under Chapter 15 of Title 34 of the Revised Statutes. Any amount of salary or wages paid or payable to the employee pursuant to this section shall be reduced by the amount of any workers’ compensation award made for temporary disability.
C. Emergency Absence:
In addition to leave for personal illness as defined previously, an employee may be allowed a maximum of five (5) days in any one year with full salary because of death or serious illness within the immediate family. A maximum of five (5) additional days may be granted with deduction of substitute’s salary where such additional absence is necessary and unavoidable. The number of days shall be determined by the Superintendent of Schools on the merits of each individual case. Thereafter, full deduction shall be made.
SERIOUS Shall mean an illness when the attending physician believes that the personal attention to the employee is required to assure the proper recuperation of the patient.
IMMEDIATE 1. In the case of serious illness, IMMEDIATE shall be understood to include in the family the husband, wife, father, mother, child, brother, sister and any other relative making his or her home with the employee’s family.
2. In the case of death, IMMEDIATE shall be understood to include, in addition to the person named in “1”, the following: mother-in-law, father-in-law, sister-in-law, and brother-in-law.
In case of death of a relative of the second degree, or close friend, absence of one full day may be allowed with full pay. Thereafter, full deduction shall be made. Relative of the second degree shall be understood to include: aunt, uncle, grandparent, nephew, niece and cousin.
7. Personal Business
An application for absence for personal business is to be made only when the absence cannot be avoided without substantial hardship to the employee.
Application for absence for personal business shall be made in writing at least (3) school days prior to the time of absence, if possible, to the building principal or immediate supervisor, who will authorize the absence.
Three days of personal leave, with full pay, are permissible without explanation where a substantial hardship exists. Thereafter, full deduction shall be made for personal business which has been explained to, and approved by, the superintendent.
All personal business leave days not used during the school year will be converted to sick leave days at the end of the school year and added to the individual administrator’s accumulated sick leave.
APPENDIX “C”
INSURANCE PROTECTION
D. The Board shall provide medical insurance (employee plus dependents) protection as negotiated between the parties which will include but not limited to:
1. Blue Cross/Blue Shield Select/Bluecard PPO, children to age 23.
a. Includes Vision Care Service as follows:
In Network: $20 co-pay, 100% coverage thereafter
Out of Network: Subject to deductible as set forth in d. below, 80% coverage thereafter
Limited to one Eye Exam and one Vision Survey per Benefit Period (calendar year)
Hardware (including Optical Services) maximums:
Frames $ 20
Eyeglass lenses (per pair), Clear and Cruxite A or AX or
Soft Lite A or B;
Singe Vision $ 20
Bifocal (single) $ 40
Bifocal (double) $ 80
Trifocal $ 60
Aphakic
Glass $ 55
Plastic $120
Aspheric $155
Case Hardening $ 5
Contact Lenses (per pair) when Medically Necessary and
Appropriate in lieu of regular frames and eyeglass lenses $190
b. Includes Mental Health Coverage
(80% up to 78 visits per benefit period.)
c. The co-pay on office visits to in-network doctors will be $20.
d. Out of network claims are subject to a deductible of $100 per individual/$200 per family, 80% thereafter up to the first $2000 in claims, 100% after the first $2000 in claims.
E. Dental Coverage
The Board shall provide dental insurance (employee plus dependents) based upon the Usual, Customary and Reasonable (UCF) Fee concept.
Preventive and Diagnostic 100% (no deductible)
All other services shall be subject to a $50 per individual/$100 maximum per family deductible. After the deductible is satisfied, coverage shall be as follows:
For remaining Basic Services 100%
For Prosthodontic Benefits: 70%
(including crowns, inlays and gold restorations)
For Orthodontic Benefits 50%
The maximum amount payable by the insurance carrier for the above dental service provided an eligible patient in any calendar year, excluding Orthodontic Benefits, is $2,500. Orthodontic benefits are subject to an $800 maximum per case, which is separate from the $2,500 maximum applicable to Basic and Prosthodontic Benefits.
F. Prescription
Prescription Drug (including contraceptives) program with a payment schedule as follows:
Until June 30, 2004, the co-pay shall be $5 for generic drugs, $10 for preferred name brand drugs and $20 for non-preferred name brand drugs. The mail order cost shall be $5, but will cover a 90 day supply of generic, preferred or non-preferred name brand drugs.
G. BOARD RIGHT TO CHANGE CARRIERS
The Association agrees that the Board may change insurance carriers upon written notification to the Association provided that the benefit levels are equal to or better than those being provided at such time. The Association does not agree that the Board may self-insure without the Association’s consent.
H. In accordance with past practice, during the term of this Agreement, the parties agree that health insurance benefits will conform to the health insurance benefits as agreed to between the Board and the West Orange Education Association.
I. The Association with family health coverage, who decide not to continue such coverage, shall receive a lump sum check in the amount of $4,200 annually in the last pay check of the year.
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