THE STATE OPERATED SCHOOL DISTRICT
CITY OF NEWARK
and
LOCAL 617
SERVICE EMPLOYEES
INTERNATIONAL UNION
MARCH 1, 2004 - FEBRUARY 28, 2007
THE STATE OPERATED SCHOOL DISTRICT
CITY OF NEWARK
Marion A. Bolden
State District Superintendent
SERVICE EMPLOYEES INTERNATIONAL UNION,
LOCAL 617
OFFICERS AND EXECUTIVE BOARD
MARCH 1, 2004
PRESIDENT
Rahaman Muhammad | EXECUTIVE VICE PRES.
Bernice C. Parris |
VICE-PRESIDENT
Charles Martin | VICE-PRESIDENT
Alfred Exum |
SECRETARY- TREASURER
Deirdre Strand-Livingston | CORRESPONDENCE SECRETARY
Rosa Reyes-Maldonado |
RECORDING SECRETARY
Debbie Walker
EXECUTIVE BOARD MEMBERS
Lorenzo Hall Linda Moore |  |
Alvina Conyers
Minnie Hedgepath
Delores Kidd
Denise Louis
Bessie Mc Dalton
Betty McFadden | Rose Robinson
Ronald Royal
Johnnie Smith
Ahmed Stewart
Evelyn Watson
Frazier Wylie |
| |
EMERITUS EXECUTIVE BOARD MEMBERS
| John Johnson | Mary Karriem |
| Bobby Wright | |
| |
| |
SERVICE EMPLOYEES INTERNATIONAL UNION
NEGOTIATING TEAM
Rahaman Muhammad Minnie Hedgespeth
Lorenzo Hall Alfred Exum
Orlando Martinez Vickie Plowden Martha Sullivan
TABLE OF CONTENTS
ARTICLE PAGE
Preamble 1
I Recognition 1
II Union Membership 7
III Bulletin Board 8
IV Grievance Procedures 8
V Union Business Leave 11
VI Leave of Absence 13
VII Probationary Period 13
VIII- A-Work Week 14
B-Work Day 15
C-Overtime 17
IX Holiday Schedule 19
X Vacation 24
XI Fringe Benefits 26
XII Right To Know 27
XIII Uniforms and/or Protective Clothing 28
XIV Absences and Leaves 28
XV No Strike or Lock-Out Policy 32
XVI Conformity to Law and Savings Clause 32
XVII Promotions and New Positions 33
XVIII Management And Employee Rights 35
XIX Job Injury Compensation 36
XX Suspensions and Disciplinary Action 37
XXI Transfers 38
XXII Union Stewards 39
XXIII Employee Performance Evaluations 40
XXIV Seniority 41
XXV Miscellaneous 42
XXVI Matters Not Covered 45
XXVII Reopening Provision 45
XXVIII School Building Assignments 46
XXIX Wages 46
XXX Provisions Applicable to Bus Attendants 49
XXXI Health and Safety 51
XXXII Nurse's Aides 52
XXXIII Duration 53
PREAMBLE
WHEREAS, THE STATE OPERATED SCHOOL DISTRICT OF NEWARK IN THE COUNTY OF ESSEX, NEWARK NEW JERSEY thereinafter the "Newark Public Schools") seeks to promote and maintain mutually harmonious relations between the State Operated School District and those of its employees who are represented by the SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 617 (hereinafter the "Union") and who may be affected by the terms of this Agreement; and
WHEREAS, the Legislature of the State of New Jersey has enacted into law, NJSA 34:13A-I et seq. of the Laws of New Jersey, known as the "New Jersey Employer-Employee Relations Act" and
WHEREAS, the Newark Public Schools are subject to the rules and regulations of the Merit System Board as set forth in Title I 1, N.J.S.A.; and
WHEREAS, the Newark Public Schools are subject to the provisions of Title 18A N.J.S.A. and the rules and regulations of the New Jersey Board of Education; and
WHEREAS, the parties heretofore have agreed to enter into an agreement which shall not be inconsistent with the aforesaid NJSA 34:13A-l et seq. or the rules and regulations of the New Jersey Department of Personnel, or Title 18A and the rules and regulations of the New Jersey State Board of Education; and
WHEREAS, the Union has presented proof that it represents a majority of the employees herein certified as an appropriate unit for purposes of collective nego-tiations;
NOW, THEREFORE, THIS AGREEMENT is made and entered into effect as March 1, two thousand and four between the Newark Public Schools and the Union as follows:
ARTICLE I
Section 1
The Newark Public Schools hereby recognizes the Union as sole and exclusive bargaining agent for all full and part-time employees of the Newark Public Schools under the following categories:
TITLE CODE NO.
| Account Clerk |
|
| Claims Exam W/C |
|
| Graphic Artist |
|
| Assistant Buyer |
|
| Asst. Cust. |
|
| Delivery Worker |
|
| Truck Driver |
|
| School Security Guard Bil. |
|
| Account Clerk Typing |
|
| Clerk Steno Ad. Office |
|
| Clerk Typist |
|
| Computer Operator |
|
| Clerk |
|
| Chauffeur |
|
| Data Control Clerk |
|
| Omnibus Operator 1 |
|
| Expeditor |
|
| Personnel Clerk Typing |
|
| Data Entry Control Clerk |
|
| Med. Lab. Tech. |
|
| Nurses Aide |
|
| Medical Transcriber |
|
| Principal Account Clerk |
|
| Principal Clerk |
|
| Principal Clerk Bookkeeper |
|
| Principal Clerk Steno |
|
| Programmer |
|
| Sub Security Guards |
|
| Bil. Clerk Typing |
|
| Part-Time Security Guard |
|
| School Security Guard |
|
| Security Guard TPAF |
|
| Senior Clerk |
|
| Senior Clerk Typist |
|
| Data Entry Machine Clerk |
|
| Principal Clerk Steno-Bilingual |
|
| Senior Personnel Clerk |
|
| Principal Personnel Clerk |
|
| Stat. Clerk |
|
| Stock Clerk |
|
| Stock Handler |
|
| Principal Account Clerk Typing |
|
| Senior Security Guard |
|
| Systems Analyst |
|
| Employee Benefit Clerk |
|
| Media Technician |
|
| Senior Clerk Bookkeeper |
|
| Senior Account Clerk |
|
| Office App. Operator |
|
| Electronics Repairer |
|
| Senior Clerk Steno |
|
| Sr. Employee Benefits Clerk |
|
| Offset Machine Operator |
|
| Recept. Typing |
|
| Health Benefit Clerk |
|
| Sr. Lib Asst. Typing |
|
| Principal Clerk Typing |
|
| Sr. Lib Edp |
|
| Sr. Data Control Clerk |
|
| Principal Personnel Clerk Typist |
|
| Principal Personnel Clerk Typist-Bil. |
|
| Laborer Maint. |
|
| Sr. Maint. Rep. |
|
| Electrical Repairer |
|
| Inventory Control Clerk |
|
| Mechanic Auto |
|
| Sr. Public Information Asst. |
|
| Sr. Office Appliance Operator |
|
| Mail Clerk |
|
| Photographer |
|
| Public Information Asst. |
|
| Principal Payroll Clerk |
|
| Senior Payroll Clerk |
|
| Payroll Clerk |
|
| Principal Data Control Clerk |
|
| Accounting Assistant |
|
| Comm. Operator |
|
| Comm. Relations Aide |
|
| Itinerant Bus Attendant |
|
| Bus Attendant Per Diem |
|
| Sr. Clerk Typing-Bilingual |
|
| Microfilm Machine Operator |
|
| Senior Clerk Transcriber |
|
| Steamfitter Helper |
|
| Senior Clerk Steno Bilingual |
|
| Senior Employee Benefit Clerk Typing |
|
| Senior Data Entry Machine Operator |
|
| Senior Stock Clerk |
|
| Sr. Audio Visual Tech. |
|
| Mechanic's Helper |
|
| Senior Account Clerk Typing |
|
| Senior School Construction Insp. |
|
| Assistant Personnel Technician Typing |
|
| Clerk Steno P/D |
|
| Clerk Typist P/D |
|
| Word Processing Operator |
|
| Stock Handler P/D |
|
| Audio Visual Spec. |
|
| Receptionist |
|
| Public Address System Operator |
|
| Fork Lift Operator |
|
| Telephone Operator Receptionist Typing |
|
| Receptionist Typing Bilingual |
|
| Architectural Assistant |
|
| Field Representative-Contract Compliance |
|
| Custodial Worker Tues.-Sat. |
|
| Custodial Worker |
|
| Custodial Wkr. TPAF |
|
| Maintenance Repairer/Welder |
|
| Medical Records Clerk |
|
| Intrusion Alarm Specialist |
|
| Principal Public Info Asst. |
|
| Principal Clerk Typist-Bilingual |
|
| Omnibus Driver-10 months |
|
| Sr. School Security Guard |
|
| Data Control Clerk Typist |
|
| |
| |
| Training Technician Typing |
|
| Assistant Coordinator-Federal/State Aide |
|
| Sr. Computer Operator |
|
| Assistant Personnel Technician |
|
| Personnel Assistant Bilingual |
|
| Personnel Clerk |
|
| Sr. Microfilm Operator |
|
| Program Analyst |
|
| Assistant Budget Examiner |
|
| Sr. Personnel Clerk Typing |
|
| Administrative Clerk |
|
| Senior Buyer |
|
| Buyer |
|
| Purchasing Assistant |
|
| Research Assistant |
|
| Sr. Clerk A/A |
|
| Computer Service Technician |
|
| Buyer A/A |
|
| Security Guard 10 months |
|
| Security Guard Bil. 10 months |
|
| Pension Benefits Clerk |
|
| Customer Service Rep. |
|
| Sr. Claims Examiner |
|
| Research Assistant PD |
|
| Sr. Research Assistant |
|
| Bilingual Clerk Steno |
|
| Lifeguard |
|
| * - Denotes Inactive Job Titles | |
Section 2
Unless otherwise indicated, the term "employee" when used in this Agreement refers to all persons represented by the Union and defined as the negotiating unit.
Section 3
Any clause in the contract referring to Union Stewards applies to both Union Stewards or Building Representatives.
ARTICLE II UNION MEMBERSHIP
Section 1 - Continuance of Membership
All present employees who are members of the Union on the date of execution of this Agreement may remain members of the Union. All new employees who are hired during the term of this Agreement may become and remain members of the Union. The Newark Public Schools or any of the staff shall not interfere with, dis-courage or constrain either the solicitation of membership by the Union, or the maintenance of membership in the Union by any of its employees in the Unit. Terms of such membership are to be subject to applicable law and may be changed in conformance with such laws.
Section 2 - Dues Deduction
The Newark Public Schools shall deduct and transmit monthly membership dues and other proper assessments from the earned wages and/or salaries of each Union member upon the written authorization of the employee. In the event an employee is not eligible for payment on the date of customary dues deduction, such deduction will be made from the payroll of the next regular pay period.
Deduction of dues shall date from the date of submission on or before the payroll date on which such deductions are made.
Deduction of dues shall be made from the second (2nd) pay period of the month. A certified listing showing the amount of dues deducted and the monies reflecting the amount of the deductions of all bargaining unit members shall be forwarded to the Union seven (7) days after the deduction. The listing shall show the current employment status of all bargaining unit employees.
In May and June of each year The Newark Public Schools shall make double dues deductions from the wages and/or salaries of all 10 month Union members to cover July and August payments.
Employees on leave shall make their payment of dues directly to the Union office. In the event, an employee on leave does not make said payments, The Newark Public Schools upon the employee's return to work and notification from the Union, shall deduct the dues from his/her salary for the month of the months in arrears.
Dues deduction arrearage shall not exceed the equivalent of three (3) months per payment.
Section 2A - Cope Deduction
The Newark Public Schools shall deduct and transmit monthly to the Union, the COPE deduction for members who have submitted a signed authorization card for such deduction.
Section 3 - Non-Discrimination
The parties shall not discriminate against any employee or applicant for employ-ment, or membership in the Union or representation by the Union, because of race, color, creed, religion, national origin, ancestry, sex, age or marital status. No employee shall be discriminated against or interfered with because of proper union activities.
Section 4
Any new hire in this unit who does not make application for membership in the Union within thirty (30) days from the date of employment shall have deducted from his/her salary by The Newark Public Schools eighty-five percent (85%) of the monthly Union dues.
The Newark Public Schools shall deduct the sum of eighty-five percent (85%) of the rate of the S.E.l.U., Local 617 union dues from each and every non-union member of the bargaining unit represented by the Union.
ARTICLE III BULLETIN BOARDS
The Newark Public Schools shall permit the Union use of bulletin boards for posting notices to its members regarding proper and legitimate Union business and concerns. Each Union notice to be posted shall be sent to the Division of Human Resource Services with a covering letter authorizing the posting of such notice, and signed by an officer of the Union, over the seal of the Union organization.
ARTICLE IV GRIEVANCE PROCEDURES
Section 1 - Definition
A grievance is defined as a complaint or dispute by an employee in the unit with The Newark Public Schools or any agent of The Newark Public Schools with Administrative or Supervisory authority over members of the unit, which dispute or complaint is that the employee has been treated unfairly, inequitably, or improperly in the application and interpretation of this Agreement.
Section 2 - General Procedure
STEP 1 In the event that any grievance should arise between an employee and his immediate superior or superiors, the employee, together with a union representative, shall present the grievance informally to the superior most immediately involved and every effort shall be made to resolve the grievance informally.
STEP 2 If no satisfactory resolution of the informal presentation of the grievance is reached within five (5) working days, the employee, together with the union representative, may reduce the grievance to writing and shall submit the grievance in formal written form to the aforementioned superior who shall respond in writing to the employee and who shall forward copies of his response both to the Union and the appropriate Assistant State District Superintendent or designee.
STEP 3 If no satisfactory resolution of a STEP 2 grievance is reached within five (5) working days, the grievant or the Union will appeal the deci-sion at STEP 2 to the appropriate Assistant State District Superintendent, or designee, who shall within (5) days conduct a conference with the employees and a Union representative to review the grievance. The appropriate Assistant State District Superintendent or designee shall submit a written decision on the grievance to the employee and the Union.
STEP 4 In the event a grievance shall not have been settled as a result of the above
(A) procedures, the employee and the Union will have the grievance submitted to binding arbitration by giving notice within ten (10) working days after the Step 3 decision has been given to the employee and the Union. A written request for arbitration shall be sent to The Newark Public Schools, Labor Relations Department requesting such arbitration to be conducted as described below:
(B) The arbitration award shall be final and all parties shall abide by the same, and it shall be enforceable under the laws of New Jersey.
(C) The arbitration shall be conducted by a single arbitrator. The Newark Public Schools and the Union shall mutually agree upon a sin-gle Arbitrator, to be chosen mutually for a period of one year. The arbi-trator shall be selected from a panel submitted by the New Jersey State Board of Mediation or the American Arbitration Association and the expenses of such arbitrator shall be borne equally by both parties.
(D) The arbitrator shall be empowered to hear and determine only grievances within the scope of the definition of grievance as contained in this Article.
(E) In the performance of his/her duties the arbitrator shall be bound and comply with the provisions of this Agreement. He/she shall have no power to add to, delete from or modify in any way of the provisions of this Agreement. His/her decision shall be binding and in writing and shall set forth his/her opinions and conclusions on the issues submitted.
(F) The arbitrator shall be without power or authority to make any decision contrary to or inconsistent with or modifying or varying in any way the terms of this Agreement, or applicable law, or rules and regulations having the force or effect of law. His/her decisions shall not usurp the functions or power of The Newark Public Schools as provided by law.
(G) The Arbitrator shall be instructed by parties that his/her decision shall be rendered no later than thirty (30) days after the STEP FOUR (4) hearing.
(H) At the end of each school year, the parties shall meet and review the con-tinuance or the selection of a new arbitrator for the coming fiscal year.
Section 3 - General Provisions
A. Nothing contained herein shall prevent any member in this unit from pre-senting his own grievance and representing himself/herself, providing notification of all meetings, steps, and written responses are given to the Union and the Union is given the opportunity to be present at any or all steps of the grievance procedure.
B. Where the subject of a grievance suggests it is appropriate and where the parties mutually agree, such grievance may be initiated at or moved to a higher step.
C. Time limits provided for in this Article may be extended by mutual agree-ment of the parties at the level involved.
D. In the event that the time limitation imposed in the procedures outlined in this Article, as to discussion, hearing and decision, are not complied with, the grievance shall be moved to the next highest step.
E. Any and all provisions of this Agreement pertaining to grievances and arbi-tration shall be subject to the New Jersey Department of Personnel Rules and Regulations, and the grievance procedures established herein shall not apply to any matter which is cognizable under the New Jersey Department of Personnel Statutes, or New Jersey Department of Personnel Rules and Regulations. Any employee in the unit who has been called in for purposes of any disciplinary action shall be notified reasonably in advance as to the reason for his being so summoned and shall be afforded a hearing regarding said disciplinary action. At any hearing which may ensue with regard to this matter, he shall be accompanied by a representative of the Union who shall represent him at any such hearing.
Section 4 - Time Limits For Filing Grievances
A. A grievance must be filed at STEP 1 within forty-five (45) calendar days from the date on which the act is the subject of the grievance occurred, or forty-five (45) calendar days from the date on which the individual employee should reasonably have known of its occurrence, except payroll errors and related matters it shall be deemed a continuous grievance and not subject to the forty-five (45) day limitation above.
B. In the event a grievance is filed on or after June 1st, responsible efforts shall be made to reduce the time limit set forth at each step of the grievance procedure so that the grievance procedure may be exhausted prior to the end of the fiscal year, June 30th.
C. Where a grievance is directly concerned and is shared by more than one employee, such group grievance may be properly initiated at STEP 2, if such step is the first level of supervision common to the several grievants.
D. A grievance that is not appealed to the next step shall be deemed an acceptance of the decision rendered at the last step submitted.
E. The sole remedy available to any employee for any alleged breach of this Agreement or any alleged violation of his/her rights hereunder shall be pursuant to the grievance and arbitration procedure, provided, however, that nothing contained herein shall deprive The Newark Public Schools or any employee of any legal rights.
ARTICLE V
UNION BUSINESS LEAVE
Section 1 - Negotiation On School Time
Time for negotiations will be as mutually agreed upon by the Union and the District. Members of the Union negotiating committee shall be granted adminis-trative leave with pay if negotiations take place on school time. No more than six (6) employees shall have the right to receive pay under this provision. Each employee shall be granted administrative leave with pay, the day following a negotiation session, if the session lasts past 11:00 p.m..
If the Union duly authorizes a bargaining unit member to represent them during the formal hearing of grievances, and if such hearing of grievances should take place during the regular working hours of said representative, that representative shall be excused from duty, without loss of pay, for such time as may be necessary to hear the grievance.
Section 2
Leave of absence, without pay, shall be granted by The Newark Public Schools to the President of the Service Employees International Union, Local 617, and to two additional Union members upon their personal request and the request of the Union to work for the Union, provided he/she is a permanent employee as provided by law and the rules and regulations of The Newark Public Schools and the New Jersey Department of Personnel.
No more than three (3) such leaves of absence shall be granted at any one time. Such leaves shall be granted for a period of not more than (1) fiscal year, from July 1st to June 30th, from the effective date of
approval by the District and may be renewed upon mutual approval of The Newark Public Schools and the Union. Applications of renewal of said leave shall be submitted to The Newark Public Schools at least sixty (60) days prior to the end of the leave year.
Section 3
The Newark Public Schools is to provide business leave of absence with pay for seven (7) delegates of the Union to attend Union educational seminars. A total of ten (10) such leaves may be used each year, provided that no one individual shall be granted more than ten (10) days from July to July. The provisions of this section shall in no way restrict the Union from requesting additional such days or The Newark Public Schools from granting them. This business leave is to be used exclusively for participation in any convention or other regularly scheduled meetings or conventions of labor organizations with which the Union is affiliated or for training programs of Stewards and union officers and for which appropriate approval by the Division of Human Resource Services is required.
After the date of signature of any new contract, the Union shall notify The Newark Public Schools in writing that no later than thirty (30) days after the signing of the agreement; all stewards and officers shall be granted two (2) days in addition to any leave that may be requested for a stewards training course. Such course to be conducted by the Union.
Any limitation on the number of business leaves and the amount of persons to be granted such leave shall be submitted in writing to the Division of Human Resource Services and a copy of said request shall be provided by the Union to the Supervisor and The Newark Public Schools shall not refuse such leave as long as such leave provision shall not exceed the provisions of the foregoing section. In addition, The Newark Public Schools agrees to provide leave of absence, without pay, for no more than three (3) members to serve as delegates to attend Union educational seminars.
Section 4
Leave as provided in the first paragraph of this section will be granted to individuals as authorized by the Union. At least two (2) weeks notice shall be given to the Division of Human Resource Services. Authorization for the request must be substantiated by the Union.
Section 5
When any individual granted such leave of absence returns to regular employment with The Newark Public Schools, he shall be placed on the step of the salary schedule that he would have attained had he been continuously employed during such absence. There shall be no loss of seniority or any other right available to him under the law or the terms of this Agreement because of such leaves of absence.
Section 6
Any employee granted such leave of absence shall have the right to have maintained on the same basis of all employees in any employee welfare plans available to employees for hospital costs, medical surgical benefits, major medical insurance, and any other such benefits upon regular payment on his behalf to The Newark Public Schools for continued participation in such employee welfare plans, provided The Newark Public Schools Plan insurers will permit it.
ARTICLE VI LEAVE OF ABSENCE
Upon making timely written application, a permanently employed member of this unit may apply for a leave of absence without pay for a period not exceeding six (6) months. Such request shall include the reason therefore and The Newark Public Schools shall give due consideration for each application. Such leave of absence may be renewed for an additional period, not to exceed six (6) months, upon formal written application and approval.
ARTICLE VII
PROBATIONARY PERIOD
Section 1
Where a State Department of Personnel list exists it may not be circumvented. Where no list exists, The Newark Public Schools will request an immediate examination and certification of the list by the New Jersey Department of Personnel.
Section 2
Any employee who has passed a promotional examination and has been certified on a complete or incomplete list in a position where a provisional is presently employed, and there is no open competitive list the employee shall be hired and given a ninety (90) day probationary period.
During the ninety (90) days, an employee shall be evaluated at least three (3) times. The evaluations shall be made at twenty-five (25) day intervals wherever possible. Such evaluations shall be made openly and every written evaluation of performance of any employee shall be submitted to the Union and the employee by the individual authorized to make such evaluations.
Should the parties disagree upon the evaluation, then either party may initiate a grievance in accordance with the procedures set forth in this agreement.
Section 3
Any employee assigned or promoted to a higher promotional position shall be deemed to be on probation in such position and his status in that position shall be subject to the applicable provisions under the rules and regulations of The Newark Public Schools and the New Jersey Department of Personnel.
Section 4
The Newark Public Schools shall have no obligation to reemploy any non-permanent employee who may be dismissed during his trial or probationary period.
Section 5
A per diem employee who works at the same location for sixty (60) consecutive days shall be made provisional if there is no State Department of Personnel certification for the title in which he/she holds per diem status. This provision shall not apply if the per diem is being utilized in place of an employee on any leave of absence. The Memorandum of Agreement for clerical personnel on special projects shall be included in the Agreement.
ARTICLE VIII
WORK WEEK
Section 1
A. Except for such days as are designated as holidays within the calendar adopted by The Newark Public Schools and applicable to members of the bargaining unit, and except for such additional holidays as may be granted from time to time to said bargaining unit members, their regular work week will consist of five (5) days beginning on Monday and ending on Friday, except for those not scheduled to work Monday through Friday.
B. 1. The Newark Public Schools shall have the right to establish a Tuesday through Saturday work schedule for custodial workers.
2. The Tuesday through Saturday work schedule will be staffed by volunteers and/or newly hired employees. The initial posting for volunteers shall be no earlier than November 1, 1998. Once the posting for volunteers has been completed the job vacancies for new hires will be posted. Custodial workers who were employed as custodial workers prior to October 1, 1998, shall not be involuntarily transferred to the Tuesday through Saturday work schedule.
3. The work hours for the Tuesday through Saturday shift shall consist of the afternoon shift on Tuesday through Friday and the day shift on Saturday, (i.e. 3:00 p.m. – 11:00 p.m. Tuesday through Friday and 7:00 a.m. to 3:00 p.m. or 8:00 a.m. to 4:00 p.m. on Saturdays).
4. Custodial workers on a Tuesday through Saturday schedule shall be paid a five percent (5%) schedule differential.
5. Custodial workers on the Tuesday through Saturday schedules shall have the same opportunity to work the Monday through Friday day shift that is afforded to all other custodial workers in July and August. Any custodial worker on the Tuesday through Saturday schedule who is required to change his/her work shift during the months of July and August shall retain the (5%) schedule differential for those months.
6. In the event of overtime, overtime shall be governed as outlined in Article XXVII of the contract. Overtime is defined as a time beyond the regular work day or the 6th or 7th day.
7. Prior to the implementation of this Article, the District shall post the New Custodial Work Schedule which shall request volunteers from the current staff. Said posting shall include all the specifications of the new work schedule.
Section 2 - Senior Security Guard
All Senior Security Guards who are not regularly scheduled to work Monday through Friday shall have their schedules rotated.
ARTICLE VIII
B - WORK DAY
Section 1
The work day shall be set according to the hours of current District practice at the time of the ratification of this Agreement.
Section 1A
The work day for custodial workers shall be as follows:
7:00 a.m. to 3:00 p.m.
1:00 p.m. to 9:00 p.m.
3:00 p.m. to 11:00 p.m.
With a half (1/2) hour lunch for each shift.
Section 1B
The custodial worker may be required to report to work after any snow fall including a Saturday, Sunday or holiday snow fall at the time designated by the Executive Director or his/her designee. Failure to report for snow removal at the designated time may lead to disciplinary action.
The custodial worker shall assist the custodian and/or senior custodian with snow removal. The custodial worker shall call the designated phone number to find out the required reporting time.
Section 1C
Per diem employees shall only be eligible to work a maximum five (5) days in any one week, they are restricted from overtime.
Section 2 - Altering The Work Day
With the consent of the employee concerned and upon notification to the Union, the scheduled hours for starting and ending the work day may be altered except that the length of the work day shall not be altered and the hours of the work day shall remain continuous.
Where no consent is received, in the case of custodial workers and building service workers, the work hours will be posted in accordance with the time limits set forth in the posting and bidding procedure. Where there are no applicants or an insufficient number of applicant changes in job assignments shall be on the basis of seniority, with preference being given to permanent employees in the choice of shifts. Provisional employees, on a separate seniority list from permanent employees, shall likewise be assigned to jobs and shifts on the basis of seniority.
Once an employee voluntarily changes his schedule, the new shift will not alter thereafter, except as provided for this agreement. Each custodial worker shall receive a written copy of their work schedule. This work schedule shall include the full load. It is understood that work schedules are subject to change.
Upon written notification to the Union and the employee scheduled hours for starting and ending the work day for employees in the Central Office may be altered by a maximum of two (2) hours except that the length of the work day shall not be altered and the hours of the work day shall remain continuous. The new starting and ending times shall be in effect for at least six (6) months.
Section 3 - Duty Free Lunch Period
All lunch periods assigned to members of this unit shall be duty free lunch periods, and with the exception of an emergency, any member of this unit who shall be requested to perform services during his lunch period shall be afforded a duty free lunch period during the respective work shift in that same work day.
Section 4
Security Guards shall begin their work day not earlier than 7:00 a.m., not later than 9:00 a.m., and finish eight (8) hours after reporting time except for those Guards working at Newark Evening High School of Fine and Industrial Arts, which schedule of work shall commence not earlier than 4:00 p.m. and terminate not later than 12:00 a.m. Security Guards at the School Leadership Team offices may be assigned to a 10.00 a.m. to 6.00 p.m. shift.
Section 5
Senior Security Guard shall be dispatched or assigned by the Director of Security Services or his/her designee.
Section 6
An employee shall not be docked for lateness unless such lateness exceeds fif-teen (15) minutes in a pay period.
Section 7
All security personnel shall be required to attend the Security In-Service Training.
Section 8
All bargaining unit members shall be required to report their absence to their respective Supervisor not later than one half (1/2) and sub-finder not later than one (1) hour prior to their scheduled starting time.
If a bargaining unit member calls to report a later arrival, salary for that employee's work shall be deducted in accordance with time missed based upon his/her current rate of pay.
Should a bargaining unit member fail to report to their assignment one (1) hour after the official starting time that employee shall be considered absent without leave for the day and will be docked in salary.
If an employee calls to report a late arrival, and arrives to their assignment one (1) hour late, no supervisor shall have the right to invoke disciplinary action against an employee by sending them home.
ARTICLE VIII
C. OVERTIME
Section 1
Overtime shall be defined as extra work performed by a member of the unit beyond the regular work hours which prevail at the time of the ratification of this Agreement, or at any time during a holiday, Saturday or Sunday. All such overtime shall be calculated on the basis of time and one-half.
Section 2
For purposes of calculating such overtime, time reports shall show the amount of time worked to the nearest quarter of an hour.
Section 3
For all employees covered under this agreement, overtime shall be paid at the hourly rate of pay multiplied by one and one-half (I 1/2) on a daily basis.
Section 4
Any employee who works overtime shall be paid for the overtime within thirty (30) days from the date he/she worked overtime.
Section 5
If a Guard cannot carry out a particular overtime assignment, then he/she must wait until the next open slot-in rotation order.
Senior Security Guard shall be scheduled for any five (5) days between Monday through Sunday. Overtime shall be paid after eight (8) hours in any one work day, or on their sixth or seventh consecutive day.
Section 6 - Night Shift
In the case of an employee working on a Monday through Friday work schedule the period beginning on Friday night and over lapping into Saturday morning shall be considered as part of the regular work week up to eight (8) hours of work.
Section 7
The selection process of seniority for overtime shall begin with the employee with the most seniority.
No employee shall be forced to accept overtime, but every effort shall be made to cooperate in cases of emergency.
Employees shall be scheduled for overtime on a rotating basis selected by the amount of seniority.
Section 8A
Overtime shall be offered to employees on the shift that is adjacent to when the overtime is required in the building or work location where the overtime is required. When all the employees in the building or work location who work the shift adjacent to when the overtime is required, refuse the overtime, the overtime will be offered to employees who have signed up on the preferred overtime roster must work the overtime Leadership Team. Employees on the preferred overtime roster must work the overtime when it is offered.
Two (2) refusals will cause the employee’s names to be removed from the preferred overtime roster for six (6) months. There shall be one (1) preferred overtime roster for custodial workers and one (1) for security guards in each School Leadership Team (SLT). The employees will be placed on the preferred overtime roster in seniority order an the overtime will be offered in descending order and a refusal shall count as a turn.
The list will be updated two (2) times per year. July 1st and January 1st. All employees will have a chance to submit their name for the overtime preferred roster on the 1st of July or 1st of January each fiscal year.
All newly hired employees will be given the opportunity to submit their names for the overtime-preferred roster at the time of employment.
The overtime preferred roster shall be sent to the Office of Local 617 on a monthly basis. This procedure does not apply to security guards that are assigned to the 11.00 p.m. to 7.00 a.m. shift or 12.00 a.m. to 8.00 a.m shift.
Section 8B-Emergency Overtime
Employees must submit a current telephone, if available, number to their supervisors in case of overtime. Any employee who does not submit a current telephone number will have no recourse to the grievance procedure when he/she is denied an overtime opportunity in cases of emergency.
Employees will be by-passed on the overtime rotation when they are out sick for the work shift preceding the overtime.
Section 9
All per diem employees shall be eligible for overtime work for snow removal only.
ARTICLE IX
HOLIDAY SCHEDULE
Section 1
It is mutually agreed by The Newark Public Schools and Local 617 that the number of holidays shall be seventeen (17). Prior to adoption of The Newark Public Schools’ calendar, the Union will be notified and given an opportunity to review said schedule to insure inclusion of all previously listed holidays.
Once adopted this schedule shall be inserted or attached to the Agreement.
Section 2
If by any act of the legislative authority, the traditional date of celebrating a particular holiday has been changed, the holidays listed shall, for purposes of this Article, be on such dates as are officially designated by such legislative author-ity and included in the official calendar of The Newark Public Schools.
Section 3
Should a holiday occur on an employee's regularly scheduled day off, that employee shall be entitled to his regular rate of pay (also known as "holiday pay") and an additional day off following the holiday.
Section 4
If an employee is AWOL the day before or the day after a scheduled holiday the employees shall not be paid for the holiday.
If an employee who has no available sick leave calls in sick the day before or the day after a scheduled holiday and does not receive approval for the use of a personal or vacation day that employee shall not be paid for the holiday.
Section 5
The following holidays are to be listed in this Agreement as part of the total paid holidays.
Independence Day
Labor Day
Columbus Day
Veteran’s Day
Election Day
Puerto Rican Recognition Day
Thanksgiving Holiday (2 days)
Christmas Eve
Christmas Day
New Year’s Eve
New Year's Day
Dr. Martin Luther King Jr.'s Birthday
Lincoln's Birthday Observance
President's Day Observance
Good Friday
Memorial Day
Any or all of the days listed above may be celebrated on a day other than the day on which the holiday is traditionally observed. The Union and The Newark Public Schools shall negotiate the holidays that are required to bring the scheduled holidays up to the correct number each year.
TWELVE MONTH CALENDAR
2004
July 5 Independence Day
September 6 Labor Day
October 11 Columbus Day
November 1 Puerto Rico Recognition Day
2 Election Day
3 Veteran’s Day Observance
25 Thanksgiving Holiday
26 Thanksgiving Holiday
December 24 Christmas Eve
27 Monday Following Christmas
31 New Year’s Eve
2005
January 17 Martin Luther King Jr. Observance
February 18 Lincoln’s Birthday Observance
21 Presidents’ Day
March 25 Good Friday
March 28 Monday Following Easter
May 30 Memorial Day
THE NEWARK PUBLIC SCHOOLS
NEWARK, NEW JERSEY
TEN MONTH CALENDAR
2004
September 6 Labor Day Holiday
4 Organization Day
5-7 Staff Development Days
10 School Opens for Students
SCHOOL CLOSING DATES
October 11 Columbus Day
20 Early Dismissal Inservice 1:00 p.m.
21 Staff Development Day
November 1 Puerto Rico Recognition Day
2 Election Day
3 Veterans’ Day Observance
4-5 Staff Development Days
24 Early Dismissal Holiday 1:00 p.m.
25-26 Thanksgiving Holiday
December 2 Early Dismissal Parent Conference 1.00 p.m.
23 Early Dismissal Holiday 1:00 p.m.
24-31 Winter Recess
2005
January 17 Martin Luther King Jr. Observance
26 Early Dismissal Holiday 1:00 p.m.
27 Staff Development Day
February 15 Early Dismissal Parent Conference 1:00 p.m.
18 Lincoln’s Birthday Observance
21 Presidents’ Day
24 Staff Development Day
March 25-31 Spring Recess
April 1 Spring Recess
May 30 Memorial Day
June 24 Last Day for Students/Teachers
Section 7 - Holiday Work Schedule
The following provisions shall apply to all Security personnel whose working hours are scheduled for any shift in a 24 hour period and whose regular work schedule includes weekends:
a. The Division of Security Services shall post a notice of holiday work available not later than two weeks prior to the holiday(s).
b. Employees interested in working on a holiday must sign his/her name to such notice not later that one week prior to the holiday(s).
c. The Division of Security Services shall post a holiday work schedule as of the Wednesday preceding the service week in which the holiday falls.
d. The holiday work schedule shall be based upon the list of interested employees. Employees shall be selected based upon seniority on a rotating basis.
e. If there are not enough volunteers for holiday scheduling, the Division of Security Services shall have the right to assign employees to holiday work in reverse seniority on a rotating basis.
f. If an employee works on the holiday he/she shall be paid regular pay plus time and one-half
g. If the holiday falls on an employee's scheduled day off, the employee shall be scheduled to receive the holiday on either the last scheduled work day preceding the holiday or the first scheduled work day following the holiday.
h. It shall be the employee's responsibility to notify the Division of Security Services not later than one week prior to the scheduled day off which is a holiday as described in part, whether he/she wishes to be scheduled for a holiday before or after the actual holiday.
i. If there is no notice from the employee as described above, the Division of Security Services shall have the right to schedule the employee holiday.
j. If an employee volunteers to work on a holiday, and does not report for duty as scheduled, said employee shall be reported as AWOL. The employee shall receive holiday pay for the day if otherwise eligible for holiday pay.
ARTICLE X
VACATION
Section 1
Within one (1) month of employee's request for vacation period, the employee shall be notified of his authorized vacation schedule. Whenever vacation schedules conflict, seniority shall prevail. No employee will be required to reschedule his vacation period once it has been officially authorized except for a case of clear and obvious emergency as determined by the appropriate director, and with the consent of the employee, after notification to the employee and the Union.
Section 2
A. Notification of vacation days accumulated will be given to employees on or before April 1st of each year. Employees covered by this Agreement shall be notified as to their vacation schedule on or before April 1st. Except for such cases as are approved by the Executive Director, or his/her designee, no single vacation period shall be longer than fifteen (15) working days. Earned vacation may be accumulated up to, but not to exceed the number of days earned for two consecutive years. Vacations may be taken at any time between January 1st and December 31st. upon giving thirty (30) days written notice to the appropriate director. If for reasons beneficial to the operation of The Newark Public Schools and approved by the appropriate director, an employee consents to work for any or all of his earned vacation period, such employee shall be remunerated at his regular rate of pay. It shall be understood that such earned vacations not used by the end of the second year shall be forfeited.
For custodial workers vacation schedules are not final until the vacation schedules are approved by the Building Manager.
B. In locations with two (2) or more employees of the same job classification, vacation shall be taken according to seniority.
C. Vacation for custodial workers shall be limited to one person per building at any given time during the period from August 15 to September 15 each year. Preference for scheduling vacations during this period shall be based on district-wide seniority.
Section 3
A. The Newark Public Schools’ vacation policy shall be continued without change for the duration of this Agreement.
B. After Attaining over:
One (1) year service 12 vacation days
Seven (7) years service 14 vacation days
Ten (10) years service 15 vacation days
Twelve (12) years service 16 vacation days
Seventeen (17) and over 20 vacation days
All employees with over fifteen (15) years of service shall be credited, in advance, with his/her vacation entitlement each July 1st. All other employees shall have their vacation days credited monthly based on the schedule in Section 3.
Section 4
Any earned vacation time requested by the employee to be taken during the school's Easter or Christmas vacation may be granted.
Section 5
If requested by an employee of this unit, additional days off for personal use may be taken and charged to the employee's earned vacation.
It is agreed that the employee must give The Newark Public Schools sufficient advance notice before reporting off on such days.
Vacation days for personal use shall be requested at least two (2) working days prior to the day (days) requested.
Vacation days for personal use taken without prior notification, in cases of emergency, must be documented upon the employee's return to work.
Section 6
Any employee covered by this Agreement shall be entitled to receive vacation pay on the regular payday immediately proceeding the employee's scheduled vacation.
In order to receive such vacation pay as described above, the employee shall file a request with his Department Supervisor for receipt of such pay, giving sixty (60) days notice, or upon receiving notice of approval, and such a request shall be approved by the employee's departmental administrator.
Section 7
In the case of severance from the job for any reason, including retirement, any accumulated vacation shall be paid in a lump sum on the effective date of severance or retirement shall be scheduled in order to afford the employee time in which to avail himself/herself of such accumulated time. The details of payment must be in accordance with the time limits and laws.
Section 8
Vacation entitlement shall be computed in accordance with the number of years of employment the employee will complete on their anniversary date of employment.
Section 9
An employee who, while on vacation, has suffered a serious disability due to injury or illness requiring professional medical treatment and who has been confined to bed or seriously restricted in mobility by the attending physician for more than five (5) vacation days may request that sick leave credits be substi-tuted for vacation during each day of such disability or restriction.
A statement from a licensed physician fulfilling these requirements shall be submitted by the employee.
ARTICLE XI
FRINGE BENEFITS
Section 1
The Newark Public Schools agrees to make available to all employees in the unit and their dependents, without cost, a program of hospitalization, medical-surgi-cal benefits and major medical insurance. Such a program shall, during the dura-tion of this Agreement, not be reduced in terms of such benefits as are available through Blue Cross and Rider J., 14/20 Series Blue Shield, and major medical insurance, including dental benefits. The available program shall cover up to full family protection for each employee based on family and marital status.
Ten (10) month employees shall be eligible for all fringe benefits, insurance, etc., during the period of their seasonal layoff at no cost to the employee.
Dependents shall include children up to age 18. Children ages 19 to 23 will be included in the prescription insurance program if they are full-time college students. Children ages 19 to 25 will be included in the vision and dental insurance programs if they are full-time college students.
Section 2
Upon employment, the benefits described in Section I shall be made applicable to each newly employed member of the unit at the earliest possible date immediately following employment. All necessary forms, applications for such benefits, shall be filed on the first date of hire.
Section 3
A. The Newark Public Schools will provide Local 617 bargaining unit employees with the fully paid benefits of prescription drugs, vision care and dental care up to full family.
The Newark Public Schools will provide Local 617 bargaining unit employees with the fully paid benefits of podiatry and temporary disability. The coverage of podiatry and temporary disability will be for the employ-ee only. The podiatry coverage shall be provided by a panel of doctors, which shall include the current doctor as a member of the panel.
B. These payments will be made by The Newark Public Schools semi-annually based upon the actual number of bargaining unit employees on record.
Section 4
The Newark Public Schools will make available life insurance to cover provision-al employees. The cost of the premiums shall be borne by the employee.
Section 5
A. The Newark Public Schools and the Union shall jointly select the administrator(s) to provide the benefits described in Section 3A above. All monies provided for the described benefits shall be administered by the benefit provider(s). Said provider(s) shall be required to submit monthly reports to The Newark Public Schools and the Union. All monies not expended in any particular year shall remain in a separate escrow account and shall be designated to raise the level of any one, combination of or all of the benefits described.
B. If The Newark Public Schools and the Union disagree on who the administrator should be, then the previous administrator shall continue to be the administrator.
ARTICLE XII
RIGHT TO KNOW
Section 1
The Newark Public Schools shall, on request, make available to the Union the District's official public records and educational and statistical data and infor-mation in the District's possession which are not confidential, work-product, or the dissemination of which are not prohibited by law.
Section 2
The Newark Public Schools shall furnish to the Union a printout on Employees Status, once a month.
ARTICLE XIII
UNIFORMS AND/OR PROTECTIVE CLOTHING
The Newark Public Schools shall supply uniforms for the following employees:
Bus Attendants, Chauffeurs, Truck Drivers, Laborers, Custodial Workers Maintenance/Repairmen and Stock Clerk-Warehouse no later than October 15th of each year of this agreement.
All new employees covered by the bargaining unit in the titles listed above that are required to wear uniforms shall receive said uniforms thirty (30) days after their respective probationary period.
One (1) complete uniform package will be issued to every bargaining unit mem-ber who is required to wear uniforms each year. Replacement items may be issued for the remainder of the contract as needed.
Employees who have been issued a uniform shall wear the regulation uniform in its entirety.
Effective October 15, 2004, the clothing allowance shall be $510.00 for all security guard employees
Effective October 15, 2004, the clothing allowance shall be $415.00 for all nurses aides employees
Effective with the uniforms that are to be issued not later than October 15, 2004, the number of uniforms will be increased from four (4) to five (5) per year.
ARTICLE XIV
ABSENCES AND LEAVES
Section 1 - Non-Occupational Sick Leave
All employees regularly employed, shall be entitled to fifteen (15) days of sick leave at full pay during each calendar year. Unused sick leave may be accumu-lated without limit. The Newark Public Schools may require proof of such ill-ness by way of medical certificate or any other means the Newark Public Schools wishes to use.
Nothing contained in this Article shall pertain to per-diem and itinerant employ-ees.
The rules and regulations of the New Jersey Department of Personnel Commission shall also apply to such leaves, where such rules and regulations are applicable.
Section 1A
Sick leave for purposes herein is defined to mean absence from duty by an employee because of personal illness where the employee is unable to perform the usual duties of his/her position or exposure to contagious disease.
Section 2 - Personal Days
A. All employees regularly employed, shall be entitled to four (4) days with pay of personal leave per calendar year. Personal leave shall be requested at least two (2) days prior to the day(s) requested.
B. The Newark Public Schools may grant additional sick leave or personal leave with pay to an employee beyond the established limits whenever it deems such additional time is merited, and shall notify the Union of the granting of such additional leave and the reasons therefore.
C. If available, one (1) day of personal leave with full pay shall be granted to a father upon birth of his child or to either parent to make final arrangements to adopt a child.
D. Personal leave taken without prior notification, in cases of emergency must be documented upon the employee's return to work.
Section 3 – Other Leave Days
All employees covered by this Agreement shall receive full pay for absences resulting from the causes listed below and for the amount of time stated.
A. Death in the immediate family or household - five (5) consecutive working days immediately following the death. Employees absent, as the result of the death of an immediate family member shall submit verification of relation-ship. Verification shall include mortician affidavit, newspaper obituary or funeral program. Death in the immediate family is defined as follows:
Spouse, Children, Mother (Stepmother, Foster Mother, Guardian, Mother-in-Law), Father, (Stepfather, Foster Father, Guardian, Father-in-Law), Sister, Brother, Grandmother, Grandfather, Grandchild. Any other relative residing in the household.
B. 1. Absence because of Jury Duty - time required as a juror should be considered a full working day. Anyone assigned to an afternoon or evening shift shall be entitled to equal time off as leave with pay from his or her next regularly scheduled shift for all time spent going to and from Court serving on Jury Duty. Equivalent leave with pay shall be granted to any such employee who is scheduled to work a shift other than a day shift, said leave to be granted during his/her next succeed-ing work shift.
2. Absence because of a Subpoena - The employee will receive full pay for absence as a result of a subpoena only if the subpoena is related to their employment with The Newark Public Schools. Time required to answer the subpoena shall be considered a full working day. Anyone assigned to an afternoon or evening shift shall be entitled to equal time off as leave with pay from his or her next regularly scheduled shift for all time-spent going to and from Court. Equivalent leave with pay shall be granted to any such employee who is scheduled to work a shift other than a day shift, said leave to be granted during his/her next succeeding work shift.
C. Absences up to one month when called for active reserve duty during any fiscal year.
D. Copies of such subpoena, jury duty notice or order for active reserve duty shall be presented to The Newark Public Schools for ver-ification upon request.
E. Absences resulting from quarantine.
F. Attendance at a conference, upon being excused by the State District Superintendent.
G. The Newark Public Schools and Union agree to establish a sick day program whereby unit employees will be able to donate sick days.
The Newark Public Schools and the Union further agree that all provisions of the sick day program shall be excluded from the contractual grievance procedure up to and including binding arbitration.
H. Seniority rights shall be maintained during the period of any leave of absence granted pertaining to this Article. All employees on leave with pay shall continue to receive full benefits provided by the District.
Section 4 - Maternity Leave
A. Upon certification by a duly licensed physician and application by an employee, a leave for maternity shall be granted by The Newark Public Schools for a period of not more than one (1) year. An employee on maternity leave shall be reinstated at any time during the period of such leave upon request of the employee and examination by a duly licensed physician attesting to her ability to perform her duties satisfactorily.
Leave shall be extended for a period of one (1) year by The Newark Public Schools for care of child, if requested by the employee. An employ-ee returning from maternity leave of absence will be reinstated and will retain the seniority held at the time the leave became, effective, except that when the employee has completed ninety (90) days or more of a school year, it shall count as a full year. Seniority rights shall also conform to new State and Federal regulations in reference to disability, sick or other com-pensation.
B. Two weeks notice (or the next pay period) must be given to anyone taking the place of an employee on maternity leave when the employee on leave notifies The Newark Public Schools she plans to return from leave.
C. Any employee on maternity leave shall have their benefits continued through the first ninety (90) days of maternity leave.
Section 5 - Marriage
The Newark Public Schools may grant two (2) weeks furlough to an employee without pay in case of marriage.
Section 6
All sick, personal and leave time shall apply equally to both sexes.
Section 7
Effective March 1, 1999, personal days may be accumulated for conversion at retirement.
A. Employees who retire on or after July 1, 1999, shall be paid ninety dollars ($90.00) per day for accumulated sick and personal leave days up to a maximum of (90) days.
For accumulated sick and personal leave days between ninety-one (91) and one hundred and fifty (150), the employee will be paid one (1) days pay for each four (4) days accumulated at ninety dollars ($90.00) per day.
For accumulated sick and personal leave in excess of one hundred and fifty one days, the employee will be paid for one (1) day for each five (5) days accumulated in the rate of one hundred dollars ($100.00) per day.
B. Employees who intend to retire shall receive payment for accumulated sick and personal days within three (3) weeks of the date that the employee receives his/her last pay check provided the employee gives a minimum of sixty (60) days notice of his/her intention to retire.
Employees who give less than sixty- (60) day’s notice of their intention to retire shall receive payment for their accumulated sick and personal days within sixty (60) days of their retirement.
Section 8—Family Leave Act & Family and Medical Leave Act
A. Employees taking leave pursuant to either the New Jersey Family Leave Act (FLA) or the Federal Family and Medical Leave Act (FMLA) will be required to fulfill all the requirements of the Act selected, including when appropriate, the inclusion of sick leave, personal leave, vacation days, etc., in the leave.
B. Permitted Purposes For Leaves
FLA—Serious health condition of spouse, child, parent, including parent-in-law, or the birth or placement for adoption of a child.
FLMA—Serious health conditions of spouse, child or parent, or the employee’s own serious health condition, or the birth or placement for adoption or foster care of a child.
C. Seniority
Time spent on unpaid Family Leave pursuant to this Section will be considered as time worked for purposes of determining seniority.
D. Attendance Improvement Plan
Absence for approved FLA or FMLA leaves will not be included in the Attendance Improvement Plan.
ARTICLE XV
NO STRIKE OR LOCK-OUT POLICY
The Union and the members of this unit agree that during the period of this Agreement, there shall be no strikes, work stoppages, or other concerted refusal to perform work by the employees covered by this Agreement. The Newark Public Schools agrees that at no time will it institute a lock-out of the employees in this unit.
ARTICLE XVI
CONFORMITY TO LAW AND SAVING CLAUSE
If any provision of this Agreement is or shall at any time be determined to be contrary to law by a court of competent jurisdiction, than such provision shall be invalidated and not performed or enforced. In the event any provision of this Agreement is or shall at any time be found to be contrary to law by a court of competent jurisdiction, only such provision shall be invalidated and all other provisions shall continue to remain in effect.
ARTICLE XVII
PROMOTIONS AND NEW POSITIONS
Section 1
In the event any new positions in the field covered by the employees of this unit are opened up, whether promotional or otherwise, the following steps shall be taken in affording all presently employed the opportunity of competing for such positions.
1. Notice of all openings shall be posted in all schools and places of employ-ment for a minimum of five (5) working days. All notices of posting of posi-tions that are vacant, new positions or promotional positions shall be sent to the Union one day prior to the date of posting such position.
2. In posting such notices, complete and full details with respect to all quali-fication, job specifications, and salary shall be included.
3. All employees in the unit shall have full and equal opportunity to compete for any such positions based on seniority and their being able to meet the required qualifications. In all cases where promotional exams are held, bar-gaining unit members shall be selected. Should no bargaining unit member be found eligible, The Newark Public Schools may select from the open competitive list.
4. Promotional rights shall be on a seniority basis, with first preference given to employees in their respective units.
5. Where no New Jersey Department of Personnel certification exists, The Newark Public Schools shall post the said position, and said position shall be open to District employees only. Where no applicants have been selected from District employees The Newark Public Schools reserves the right to open said position to outside recruitment. District employees not selected shall upon request be given a written explanation. This section shall be subject to the grievance procedure.
6. Failure to follow the posting procedure shall be subject to the grievance procedure.
Section 2
All vacancies shall be awarded on the basis of the New Jersey Department of Personnel Rules and Regulations and seniority shall apply where appropriate.
Section 3
Upon the request of ten (10) or more members of the employees involved to establish in-service training opportunities for competing for such positions, such classes shall be set up by The Newark Public Schools without cost to any employee.
Section 4
Any evidence that the qualifications have been prepared to deliberately eliminate from competition presently employed members of the unit shall be the basis of a grievance by the Union.
Section 5A
When an employee is promoted to a higher position, said employee shall be placed on the nearest step of the new salary range with an increase of no less than Three Hundred dollars ($300.00).
Section 5B
When an employee is demoted to a lower position, said employee should be placed on the nearest step of the new salary range with a decrease of no less than Three Hundred dollars ($300.00).
Section 5C
Only permanent employees shall be eligible to apply for promotional positions. In the event that no permanent employees are found eligible, the Newark Public Schools may select from outside recruitment.
Section 6
Any employee who has passed a promotional examination and has been certi-fied on a complete list in a position where a provisional is presently employed, shall be hired in the promotional title and given a ninety (90) day probationary period.
Section 7
Where a permanent employee is promoted but does not successfully complete the probationary period, the employee shall be returned to his/her previous job classification in the employee's most recent location without loss of seniority.
Section 8
Whenever any decision or recommendation is made by either Newark Public Schools or the New Jersey Department of Personnel changing the titles of any employee within the Bargaining Unit having any impact on their terms and conditions of employment, same shall be brought to the attention of the Union within ten (10) days, by mailing a copy of the New Jersey Department of Personnel document or Newark Public Schools resolution to Local 617, and a meeting shall be called to negotiate salary and conditions of said employee or employ-ees. The Union shall request such negotiations within ten (10) days of their receipt of the New Jersey Department of Personnel document.
Section 9
Any provisional employee whose name appears on a complete or incomplete certification and is working in the title of the certification shall be appointed to the position he/she is working in on a permanent basis.
Section 10
When an employee's title changes as a result of a New Jersey Department of Personnel lateral title action, that employee shall be placed on the same step of the salary range as the employee was on prior to the lateral title change.
ARTICLE XVIII
MANAGEMENT AND EMPLOYEE RIGHTS
Section 1
The Newark Public Schools retains the exclusive right to direct the work of the members of this unit, except as such right is affected or modified by the terms of this Agreement. This right shall include, but not be limited to the right to direct, hire, promote, assign, inspect, suspend, demote and discharge or take other disci-plinary action with reference to its employees as provided by law and the rules and regulations of The Newark Public Schools and the New Jersey Department of Personnel.
Section 2
The Board's right to make reasonable rules and regulations governing the work of the employees of the unit shall not be limited except that any such rules and regulations shall be deemed to be modified to the extent necessary to be consis-tent with any applicable provision of this Agreement.
Section 3
Prior to the implementation of any rules or regulations affecting any changes in hours, wages or working conditions of employees in this unit by The Newark Public Schools or any of its authorized administrators, the Union shall be noti-fied within seventy-two (72) hours by certified mail, return receipt requested.
Section 4 - Protection Against Civil or Criminal Action Under
N.J.S.A. 18A:16-6 and N.J.S.A. 1BA:16-6.1
(a). Negligence - Whenever any civil action has been or shall be brought against a bargaining unit member for any act or omission arising out of and in the course of the performance of the duties of such member, The Newark Public Schools shall defray all costs of defending such action, including reasonable counsel fees and expenses together with the cost of appeal, if any, and shall save harmless and protect such persons from any financial loss resulting therefrom; and The Newark Public Schools may arrange for and maintain appropriate insurance to cover all such dam-ages, losses, or expenses. Bargaining unit members will report all incidents of personal or property damage to their immediate superior.
(b). Assault and Personal Injury - Should any criminal action be instituted against a member of the bargaining unit for any such act or omission and such pro-ceeding be dismissed or result in a final disposition in favor of such member, The Newark Public Schools shall reimburse the member for the cost of defending such proceeding, including reasonable counsel fees and expenses of the original hearing or trial and all appeals.
Section 5 - Military Leave
(a). Military leaves of absence without pay will be granted to a permanent bar-gaining unit member inducted into the Armed Forces for the required length of service, according to the terms of the Selective Service and Training Act of 1940 and subsequent amendments by Congress.
(b). A bargaining unit member will be eligible for military leave of absence if ordered to report for civilian work in the National interest under the current provisions of the Selective Service and Training Act applying to conscien-tious objectors.
(c). Upon return to the school system, such inducted employee will be placed on a step of the salary as if he had never left.
Section 6- Reserve Duty
Any bargaining unit member called for active reserve duty for periods of two (2) weeks or less shall suffer no loss of pay or benefits for such periods.
Section 7
Any bargaining unit member returning to full time employment for The Newark Public Schools upon termination of any sick leave or any other leaves with pay, shall be returned to his previous assignment.
ARTICLE XIX
JOB INJURY COMPENSATION
Whenever any employee in the bargaining unit is absent as a result of personal injury caused by an accident arising out of and in the course of his employment, The Newark Public Schools shall:
A. Pay to such employee the full salary and benefits on a regular basis for the period of such absence for up to one (1) calendar year without having such absence charged to annual sick leave or accumulated sick leave, or vaca-tion time, in accordance with the provisions of N.J. Statutes 18A and N.J.S.A. 11:24A-4.
B. The employee upon receiving the award from Workmen's compensation shall remit or assign such award to The Newark Public Schools immediately. The Newark Public Schools shall not withhold any compensation as stated in Part A from the employee pending the award.
C. Any employee injured on the job, who has filled out an accident report and has been attended by a Newark Public Schools Physician and told when to report back to work, shall not have his or her pay interrupted because he/she does not have any sick time.
The Provision shall not apply, if:
a. The injury has been declared non-compensable by the District's Workers Compensation Administrators.
b. An employee has been released to return to work and does not return to work.
ARTICLE XX
SUSPENSIONS AND DISCIPLINARY ACTION
Section 1
Disciplinary action may be imposed upon an employee only for a just cause. Any disciplinary action or measure imposed upon an employee or any intent to invoke disciplinary action upon said employee may be processed by that employee as a grievance.
In the administration of this Article, a basic principle shall be that discipline should be corrective in nature, rather than punitive. In all matters where disci-plinary action is contemplated The Newark Public Schools shall supply the employee and the Union Office with the charges and any written documentation submitted from which the charges are drawn. This information shall be submit-ted no less than five (5) days prior to the scheduling of any disciplinary hearing.
Section 2
All disciplinary action shall be progressive except in the case of an act of violence, criminal intent or bodily harm. An employee shall not receive any disciplinary action unless:
1. Verbal Warning
2. Written reprimand is given, and a copy of such reprimand must be given simultaneously to the Union office.
Section 3
If The Newark Public Schools or any authorized agent of The Newark Public Schools has just cause or reason to reprimand an employee, it shall be done in a manner that will not embarrass the employee before the other employees or the public. A member of the unit who receives a verbal or written administrative order to report to the Division of Human Resource Services, a supervisor or other administrative officer on a matter involving discipline, may be accompa-nied by a representative of the Union at the employee's request.
If during the course of a discussion between an employee and a representative of the employer, a matter should arise which would lead to a question of disci-pline, suspension, or discharge, the employee may, at that time, request such Union representative.
Section 4
The Newark Public Schools and Union agree that there will be no harassment of either party of a pending grievance, disciplinary action or arbitration while said action is in progress.
Section 5
If an employee has a disciplinary hearing the decision of the hearing officer shall be rendered within thirty (30) days.
Section 6
In the event an employee is given an immediate suspension for an overt act, he/she must have a hearing within ten (10) days of his/her suspension.
Section 7
If an employee is suspended or terminated as the result of a disciplinary hear-ing, said employee must be given ten (10) days written notice before the sus-pension or termination becomes effective. This section does not apply to suspensions or terminations for acts of violence, criminal intent or bodily harm.
ARTICLE XXI
TRANSFERS
Section 1
Employees of this unit who wish to make application for transfer or assignment to any existing vacancies, shall submit such application in writing to the appropriate State District Assistant Executive Superintendent or designee, and such application shall include in the order of preference; the school or location wherein the employee wishes to be transferred. Any selection to fill an existing vacancy by those employees requesting transfer shall be based on consideration of seniority, qualification, personal preference, and shall not be incompatible with the welfare of the children and the community.
Except in the event of an emergency declared by the State District Superintendent, no employee shall be transferred prior to a notice of ten (10) working days.
Section 2
On July 1 and January 1 of every year the Division of Human Resource Services shall prepare lists of all vacancies not filled at that time. In addition any employee seeking a transfer other than through a posting must submit their request within five (5) days of the above mentioned dates. This will be the only period this type of request can be made.
There will be no limit to the number of requests an individual can submit on posted positions, however, they can receive no more than two (2) actual transfers over the course of one (1) year.
Upon request any employee who has applied for but has not been granted a transfer, will be given an explanation, in writing, by the Division of Human Resource Services.
Section 3
No involuntary transfers shall be made for any reason except where there exists emergencies, absences or special circumstances where additional work forces are needed. In addition, no involuntary transfers shall be made for reasons of personal bias, vindic-tiveness or participation in Union activities.
Where requested, the Division of Human Resource Services shall furnish to the Union and the employee who has been transferred, an explanation in writing for the transfer.
Section 4
Any employee who has been involuntarily transferred because of budget cuts from any location in the bargaining unit shall be given first preference to be reassigned to that location in the event the position at that location is restored, providing the employee requests the transfer.
ARTICLE XXII
UNION STEWARDS
Section 1
The Union shall furnish The Newark Public Schools or other designees of The Newark Public Schools with a list of the Union stewards or Building Representatives and their locations. The Union shall notify The Newark Public Schools of any changes. The Newark Public Schools will furnish the Union with a list of the names, addresses and work locations of all the employees in the unit twice a year.
Both parties agree to recognize and deal with only properly authorized District or Union representatives with reference to Union business. A steward shall be per-mitted upon request and approval of his immediate supervisor, to leave his work to investigate and adjust complaints. In the event of the steward's absence, he shall have an alternate designated on his behalf.
The Union shall have access, through the appropriate supervisor, of pertinent doc-umentation relating to the grievance in question, and shall have the right to inter-view the aggrieved employee, supervisors, and witnesses during working hours.
While serving as a steward, an employee will not be transferred to another loca-tion without ten (10) working days prior notice to the Union and subject to griev-ance procedures.
Section 2 - Visitation Rights
Representatives of the Union shall have access during working hours of all facili-ties, buildings, grounds, and other places in which employees covered by this Agreement work, for the purpose of adjusting grievances, negotiating the settle-ment of disputes, investigating working conditions and generally for the purpose of carrying into effect the provisions and aims of this Agreement. The facility office must be notified that the representative is in the building.
Section 3
Principals shall be required to meet with the shop steward/building representative at their school three (3) times a year for the purpose of discussing issues of mutu-al interest. These meetings shall be scheduled by mutual consent and shall not exceed thirty (30) minutes in duration.
The shop steward/building representative shall submit to the Principal a written agenda at least forty-eight (48) hours prior to the scheduled meeting.
ARTICLE XXIII
EMPLOYEE PERFORMANCE EVALUATION
Section 1
All employees covered by this Agreement shall be evaluated two (2) times per year by an authorized member of the Supervisory and Administrative staff. The first (preliminary) performance evaluation shall commence no earlier than December 1st , and no later than December 15th. All employees shall be rated satisfactory or unsatisfactory. Any employee who receives an unsatisfactory rating shall be given in writing those areas which there are deficiencies and recommendations for improving said deficiencies. Said employee shall be re-evaluated ninety (90) days from the date that he/she received the recommendation for improvement. The final performance evaluation shall commence no earlier than June 1st and no later than June 15th. Such evaluations shall be made openly and every written evaluation of performance of any employee shall be submitted to the Union and the employee the individual authorized to make such evaluations.
Section 2
If an employee or the Union wish to contest the evaluation, then a conference shall be called between the authorized supervisory or administrative staff member making the evalua-tion, the employee and the Union. The matter shall be discussed. Should the par-ties accept recommendations for acknowledged deficiencies, then a date for a future evaluation shall be agreed upon.
Section 3
Should the parties disagree on the evaluation, either party may initiate a griev-ance in accordance with the procedures set forth in the Agreement. No record of any evaluation shall be entered into the employee's file unless mutual agreement is reached that such information is appropriate for filing.
Section 4
Upon request of the employee and the Union, an employee shall have an oppor-tunity to review and examine pertinent documents in his personnel file. The Newark Public Schools shall honor the request of such employee for copies of documents in the file. The Newark Public Schools shall have the right to have such review and examination to take place in the presence of an appropriate offi-cial of the district. The employee may file a written response of reasonable length to any memoranda or documents which are derogatory or adverse to him/her.
Such response will be included in his/her permanent personnel file and will be attached to and retained with the document in question. If any material, deroga-tory or adverse to the employee, is placed in the file in question, a copy of such material shall be sent to the employee, and is subject to the grievance procedure.
ARTICLE XXIV
SENIORITY
Section 1
SENIORITY - Seniority is defined as employment based on the length of con-tinuous service with The Newark Public Schools within the title, from the date of hire, and rank.
During the term of office of any officer of the Union or steward, such officer or steward shall be placed at the head of the seniority list during the term of his/her office.
Section 2
SENIORITY LIST - A seniority list shall be made available to the Union twice a year - January 1st and July 1st - showing the date of hire and rank or last date of rehire of all employees in the bargaining unit. Seniority shall prevail in all mat-ters where a preference may be established as provided by the New Jersey Department of Personnel Rules and Regulation.
Section 3
An employee shall on the day worked immediately following the successful completion of the probationary period be considered to have seniority as of the date of hire.
Section 4
All provisional employees to be laid off from The Newark Public Schools will be laid off in reverse seniority, and shall be given two (2) weeks prior notice of said layoff.
ARTICLE XXV
MISCELLANEOUS
Section 1 - Labor Management Committee
Labor-Management Committee consisting of representatives of The Newark Public Schools and the Union shall be set up for the purpose of reviewing issues of common interest. Such committee shall meet not less than two (2) times a year.
Section 2 - Travel Allowances
Any member of the bargaining unit who may be called upon to travel from his assigned station to another installation to carry out his duties shall be compen-sated by The Newark Public Schools for his cost of travel within one (1) month of receipt of the voucher, unless he is transported by the District.
Section 3 - Light Duty
Any employee returning from sick leave and requesting light duty must be approved by the District's doctor. Such employee who is not able to perform their regular work may be transferred to work they are able to perform shall be paid no less than their basic rate of pay for a period not to exceed one (1) month, subject to review at the end of thirty (30) days, but the total duration of the light duty shall not exceed four (4) months, to be reviewed monthly, after which their rate shall be adjusted to established rate of job to which assigned.
Section 4 - Availability of Contract
Within sixty (60) days after the signing of this Agreement by the parties, the Union shall procure 2,500 copies of this agreement, printed by the Newark Public Schools, cost to be borne by The Newark Public Schools District.
Section 5 - Orientation
The Newark Public Schools shall establish orientation programs for all new employees within the various departments. The Union will be invited to the ori-entation programs for new employees. Prior notification shall be given to the Union of training programs and the contents thereof.
The Newark Public Schools will have an orientation every year for the duration of the contract, for all employees covered by the Local 617 Bargaining Unit. The orientation shall be held between the first day ten (10) month employees return to work in August and the day the students return in September.
Section 6 - Personal Vehicles
Employee may not be required to use their own personal vehicles for District business. If an employee volunteers his/her personal vehicle the school District shall not be responsible for any accidents, tickets, etc.
Section 7
Any employee, who during the course of his/her normal duties and responsibil-ities is required to drive a District owned or leased vehicle shall be required to maintain his/her driver's license in good standing. Any employee who has had his/her driver’s license suspended shall receive suspension without pay from The Newark Public Schools for the period of the license suspension. License suspension in excess of six (6) months will result in termination.
Any employee, who has had his/her driver's license suspended shall receive sus-pension without pay from The Newark Public Schools for the period of the license suspension.
Section 8 - Working in Higher Position Title
Any employee assigned work in a classification over and above his normal job description shall be paid at the appropriate rate of pay for that job. Qualification for this pay shall be based on filling the vacancy for one (1) day or more.
Section 9
The Newark Public Schools will make every reasonable effort to insure employ-ees' entrance into buildings and site locations. In the event that the District's effort to permit employees to successfully enter the building or site location or to be appropriately reassigned are not successful, said employee shall incur no loss of salary.
Section 10
The Newark Public Schools agrees to cooperate with the Union in the establish-ment of a Credit Union and will make appropriate deductions where authorized.
Section 11 - Identification Cards
The Newark Public Schools shall issue to all district employees an identification card, which may be required to be worn in the work area for Security purposes.
Section 12 - Use of Schools
The State District Superintendent shall, upon timely notification by the Union, grant to the Union the use of facilities in school buildings after school hours for the purpose of conducting general membership meetings. Such use must terminate no later than 6:00 p.m. Such use shall be granted provided that the use of the facilities shall not be in conflict with previously scheduled programs and activities.
Section 13 - District Advisory Board Meetings
The Newark Public Schools shall make available to the Union three (3) copies of the Agenda of each Advisory Board meeting twenty-four (24) hours prior to each Board meeting or at the same time when such copies of the Agenda are made available to Advisory Board Members, whichever is sooner. Additionally, the Union may be heard on any items affecting school welfare during that peri-od of the District's public meeting devoted to the presentation of statements by individuals and organizations. This provision shall remain in effect during the life of the agreement.
Section 14
The Newark Public Schools shall initiate an award which may include cash, cita-tion, certificate medals or other appropriate insignia to be given to employees for special accomplishment. This award is to be given once a year.
Section 15
No permanent employee shall be laid-off without forty-five days written notice.
Section 16 - Employee Assistance Program
The Newark Public Schools agrees to provide an Employee Assistance Program for all bargaining unit members of Local 617, cost to be borne by The Newark Public Schools.
The Newark Public Schools agrees to the appointment of one (1) bargaining unit member by the Union, to serve on the Employee Assistance Program Committee
Section 17 – Tuition Reimbursement
A. Administrative employees and nurses aides will be eligible for tuition reimbursement for undergraduate courses that are:
1. Part of a program leading to an Associates or Bachelors degree.
2. In a program in which the employee is matriculated.
3. In a program that is directly related to the employee’s duties with the school district.
B. Each employee shall be limited to reimbursement for a maximum of six (6) credits per year at the State College/University rate. Reimbursement of tuition cost shall be based on the grade earned:
A = 100%
B = 75%
C = 50%
C. The Newark Public Schools total cost for tuition reimbursement shall be limited to ten thousand dollars ($10,000) per year.
ARTICLE XXVI
MATTERS NOT COVERED
Negotiations respecting changes in or additions to this contract involving mat-ters related to employee wages, hours, and conditions of employment considered but not incorporated in this Agreement in the negotiations preceding the adop-tion of this agreement may be initiated at the written request of either party. The negotiating committee shall meet, unless otherwise mutually agreed upon, with-in seven (7) calendar days of the receipt of such request.
The negotiations shall continue until all reasonable methods to reach agreement on the matter being negotiated have been exhausted.
ARTICLE XXVII
REOPENING PROVISION
The Newark Public Schools agrees that this Agreement may be reopened by the Union on November 1, 2006, for the purpose of negotiating over all matters con-cerning the employees' salaries, fringe benefits, working conditions and related matters in the school budget for the successor agreement. Any agreement reached relating to the employees' salaries, fringe benefits, working conditions and related matters shall be reduced in writing and shall be signed by The Newark Public Schools and the Union.
ARTICLE XXVIII
SCHOOL BUILDING ASSIGNMENTS
Section 1
Where The Newark Public Schools deems it necessary that an employee in this unit be utilized in a particular school building or location where activities and/or overtime are conducted after school hours, preference shall be given to employ-ees who are assigned full-time in the said school building or location. In the event that an employee does not wish to avail himself of the opportunity for the additional work after school hours, selection shall be made by the appropriate Director, based on seniority on a rotating basis, ability to perform the available work, and shall not be incompatible with the assignment or welfare of the chil-dren and the community.
Section 2
No employee shall be scheduled for overtime in another job classification, unless all employees presently working in the job classification have declined said overtime assignment or where the State District Superintendent or designee shall deem an emergency. However, said emergency shall not exceed one (1) eight (8) hour work period.
Section 3
No students, volunteers or employees funded under the Federal Government Manpower Program, shall be used to replace any jobs performed by any mem-ber of the bargaining unit.
ARTICLE XXIX
WAGES
Section 1 A--WAGES
March 1, 2004 – increase each step on the guides by $1,200.
March 1, 2005 – increase each step on the guides by $1,200.
March 1, 2006 – increase each step on the guides by $1,200.
Section 1 B--WAGES
The step 6 salary for employees in the following classifications shall be increased by the following percent 3.93% effective March 1, 2004, 3.97% effective March 1, 2005 and 3.96 % effective March 1, 2005.
O95 Systems Analyst (1)
167 Senior Public Information Assistant
172 Public Information Assistant(1)
342 Senior Computer Operator (2)
361 Data Programmer/Systems Analyst (2)
369 Senior Buyer (2)
380 Research Assistant (1)
528 Senior Research Assistant
The salary schedules of all employees covered by this Agreement shall be increased in accordance with Section l A.
Section 1 C
Per diem wages shall be increased by forty cents ($.40) per hour four each year of the agreement.
The following shall be the per hour rate for the job classifications listed below:
Position Title Rate
Code
2004-05 2005-06 2006-07
062 Security Guard 12.10 12.50 12.90
199 Laborer 12.10 12.50 12.90
227 Clerk 12.10 12.50 12.90
233 Stock Handler 12.10 12.50 12.90
227 Clerk Typist 12.10 12.50 12.90
226 Clerk Steno 12.10 12.50 12.90
305 Custodial Worker 12.10 12.50 12.90
522 Research Assistant 12.10 12.50 12.90
954 Lifeguard (Summer) 12.10 12.50 12.90
Section 1D—Attendance Incentive
Effective July 1, 2004, employees who use less than five (5) sick days per year shall be permitted to cash in up to five (5) sick days per year at one hundred dollars ($100) per day. Employees who elect to use the program shall receive payment during the second pay period in July following the year in which the employee used less than five (5) sick days.
Section l E - Shift Differential Pay
The Newark Public Schools agrees to pay - a ten percent (10%) shift differential for all mem-bers of the bargaining unit who works the third shift.
Section 1F – Recall From Layoff
Employees in the following classifications; custodial worker, security guard, truck driver, laborer and auto mechanic, who were initially employed prior to September 27, 1998, who are recalled based on a Department of Personnel recall list will be placed on steps five (5) through ten (10) of the salary schedule based on years of service.
Section 2
All individuals shall be placed on the step according to their length of service.
Section 3
Employees shall be paid for longevity beginning in their 15th year of service and in their 25th year of service. The longevity payment shall be five hundred dollars ($500).
Section 4
Payroll errors shall be corrected within forty-eight (48) hours of the time the error is reported by the affected employee.
Section 5
There shall be no pay differential based on sex.
Section 6
All employees working the night shift shall receive their paychecks on payday.
Section 7
Any employee absent because of vacation, personal day, injury on the job or extended sick leave shall receive their paycheck on the specific pay day of the employee. For this section only, extended sick leave shall be defined as an absence of two (2) days or more.
Section 8
Any employee who is to be garnisheed will be furnished written notice of said garnishee once it is received by The Newark Public Schools.
ARTICLE XXX
PROVISIONS APPLICABLE TO BUS ATTENDANTS
Section 1 - Board Association Meetings
At the request of either party, meetings shall be scheduled between The Newark Public Schools and the Union in behalf of the bus attendants, to discuss matters of mutual concern in terms of the welfare of the handicapped students. No more than three (3) such meetings may be required in any school year unless the par-ties otherwise agree.
At least one (1) full week prior to the holding of each such meeting, the Union will meet with a duly authorized representative of The Newark Public Schools to review the topics to be discussed. Should the Newark Public Schools representative have the authority to make a final determination of matters to be dis-cussed, they may be determined without waiting for further action by The Newark Public Schools.
Section 2 - Copy of Agenda
The Newark Public Schools shall make available to the Union one (1) copy of the official agenda of each public District meeting, where such agenda directly affects the School Bus Attendants or their Association, provided further that The Newark Public Schools has sufficient notice of the agenda to do so.
Section 3 - School Bus Capacity
No Newark school bus using School Bus Attendants shall carry more children than prescribed by The Newark Public Schools , which is not to exceed the total number of seats available exclusive of the driver and attendant.
Section 4 - Uniforms and Essential Equipment
Should The Newark Public Schools require any uniforms or other equipment to be used by the Bus Attendants in the performance of their duties, The Newark Public Schools shall supply and maintain these items, including the reasonable cost of laundering.
Section 5
Bus Attendants shall begin their work day not earlier than 7:00 a.m., not later than 9:00 a.m., and finish eight (8) hours after reporting time.
Section 6
Should a Bus Attendant report to work late, and the bus to which they are assigned is already on route, the Bus Attendant will be docked two (2) hours pay, marked late for that morning, not AWOL, report to their interim assignment, and report back to the garage for their afternoon assignment.
Section 7
The Newark Public Schools and Union agree to change the work year for all bus attendants from 12 months to 10 months, effective March 1, 1992.
Section 8
Thereafter, the ten (10) month Bus Attendants work year shall be 220 days between September and June, which shall include holidays. Each year, the Work Year Schedule and Holiday Schedule shall be approved by the District, after review by the S.E.l.U., Local 617. Each Bus Attendant shall receive a copy of these schedules before they leave each June.
Section 9
In May and June 1993 and each May and June thereafter, there shall be a double dues deduction taken from each Bus Attendant in order to pay for July and August.
Section 10
Bus Attendants who work in the summer shall receive $ 12.00 per hour. Said Bus Attendants shall be selected in order of seniority and interest. No Bus Attendant shall be forced to work during the summer.
Bus Attendants shall receive twenty-two (22) 10 month paychecks and four (4) escrow checks each year to equal 26 paychecks each year.
Employees who are hired after September each year, shall have their total amount of escrow in their account paid out by dividing the total by four (4) and they shall receive this money in four (4) escrow checks during the sum-mer.
Escrow checks will be distributed during the months of July and August each year on the regular payday for twelve ( 12) month employees. Said checks will be distributed by the Director of Transportation.
Section 11
With the consent of the Bus Attendant involved and upon notification duly given to the Union, the scheduled hours for starting and ending the work day of a Bus Attendant may be altered, except that the length of the work day shall not be changed and the hours of the work days shall remain continuous.
ARTICLE XXXI
HEALTH AND SAFETY
Section 1 - Committee
The Newark Public Schools agrees to maintain a Safety Committee to review and make recommendations concerning safety and sanitary conditions at work locations.
The Union shall appoint two members to this committee.
Section 2 - General
The Newark Public Schools agrees to exert every effort to provide for use of practices, materials and equipment to safe guard the Health and Safety of mem-bers of the unit.
Section 3 - Wash Up Time
All employees in this unit shall be given a reasonable "wash-up" time for pur-pose of cleaning up before leaving work each day.
Section 4 - Office Temperature
In the event that the temperature in any of the respective offices of The Newark Public Schools clerks drops below 60 degrees during the winter months, or rises above 85 degrees during the summer months, The Newark Public Schools clerks shall be reassigned or may be excused from work for that period of time with no loss in pay.
Section 5 - Rest Periods
All employees shall receive two (2) ten minute rest periods per shift.
Section 6 - Locker and Shower Facilities
The Newark Public Schools agrees to provide employees with locker facilities. Shower facilities shall be provided where available.
ARTICLE XXXII
NURSES AIDES
Section 1
The Newark Public Schools and the Union agree to change the work year for all nurse's aides from twelve (12) months to ten (10) months effective March 1, 1995.
Section 2
1. All nurse’s aide will be paid on a ten (10 months basis and have the appropriate amount of escrow taken out of their checks in order to provide for payments during the summer (July and August).
2. The holiday schedule will be consistent with other ten (10) months employees.
3. The ten (10) months nurse’s aides work year shall be 220 days between August and June, which shall include holidays. Each year, the work year schedule and holiday schedule shall be approved by The Newark Public Schools after review by the S.E.I.U., Local 617. Each nurse’s aide shall receive a copy of those schedules before they leave in June.
4. In May and June there shall be a double dues deduction taken from each nurse’s aide in order to pay July and August.
5. Nurse’s aides shall receive twenty-two (22), ten (10) months paychecks and four (4) escrow checks each year to equal 26 paychecks each year.
6. Employees who are hired after September of each year shall have their total amount of escrow in their account paid out by dividing the total by four (4) and they shall receive this money in four (4) escrow checks during the summer.
7. Escrow checks will be distributed during the months of July and August each year on the regular payday for twelve (12) months employees. Said checks will be distributed by the Office of Accounting.
ARTICLE XXIII
DURATION
This agreement and each of its provisions, unless otherwise specifically dated, shall be binding upon the parties as of March 1, 2004 and shall continue in full force and effect until February 28, 2007.
This agreement is entered into this 10th day of June, 2004.
FOR The Newark Public Schools: FOR THE UNION
_________________
Marion A. Bolden Rahaman Muhammad
Superintendent President
Raphael Felli Bernice C. Parris
Director of Labor Relations Executive Vice-President
|