ARTICLE II NEGOTIATION OF SUCCESSOR AGREEMENT 5

ARTICLE III GRIEVANCE PROCEDURE 6

Definitions 6
Purpose 6
Procedure 6
Right of Employees to Representation 7
Reprisals 7
Miscellaneous 7

EMPLOYEE RIGHTS 8
BOARD RIGHTS 8

ARTICLE VI WORK YEAR 10

Calendar 10
Work Day 11
Inclement Weather 11

ARTICLE VII SALARIES AND BENEFITS 11

Salary Schedule - See Salary Guide 11
Method of Payment 12
Fringe Benefits 12
Travel Expenses 12
Retirement 12
Vacation 13

Initial Employment 13
Salary Guide 13
Benefit Entitlement 15

Evaluation 16
Personnel (File) Records 16

ARTICLE X RULES AND REGULATIONS GOVERNING LEAVES OF ABSENCE, ILLNESS, OTHER REASONS 18

Sick Leave 18
Other Reasons 19
Death 19
Court Order 19
Emergencies and Personal Days 19
Jury Duty 19
Military Leave 19
Family Leave 19
Other Leaves 20

ARTICLE XII UNDERSTANDING OF THE PARTIES 2

1

ARTICLE XIII DURATION OF AGREEMENT 22

The Board recognizes the Little Egg Harbor Custodian/Maintenance Association as the exclusive and sole representative for all Custodians/Maintenance, full and part-time, employed by the Board with the exception of those classified as confidential under law.

Exclusion:

Educational Facilities Manager
Assistant Educational Facilities Manager
Head Custodian(s)

The Little Egg Harbor Custodial/Maintenance Association is affiliated with the OCCEA, the NJEA and the NEA.

The parties agree to enter into collective negotiations in accordance with NJS 34:13A-1 et sec. in a good faith effort to reach agreement on all matters concerning the terms and conditions of employees covered by this Agreement. Such negotiations shall commence no later than October 1 of the fiscal year preceding the fiscal year in which the Agreement expires. Any agreement so negotiated shall apply to all employees covered by this Agreement, be reduced to writing, be signed by the Board and the Association, and be adopted by the Board and the Association.

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

In the event of the Public Employment Relations Commission or other public body having appropriate jurisdiction establishing a mandatory timetable for such negotiations, the parties agree to be bound by said timetable, anything contained herein to the contrary notwithstanding.

The purpose of a grievance is to secure the rights of the parties. Both parties agree that grievance proceedings will be kept as informal and confidential as may be appropriate at any level.

Nothing contained herein shall be construed to deny or restrict to any custodian/maintenance such rights as she may have under New Jersey School Laws, or other applicable laws and regulations.

No custodian/maintenance shall be disciplined or reprimanded without just cause. Any such action asserted by the Board, or any agent or representative thereof, shall be subject to the grievance procedure herein set forth.

Any criticism by a supervisor, administrator, or Board Member of a custodian/maintenance and her duties shall be made in confidence and not in the presence of students, parents, other employees, or other public gatherings unless the custodian/maintenance chooses to make such criticism public.

No custodian/maintenance shall be prevented from wearing standard, or conventional pins, or other identification of membership in the Associations, or its affiliates.

(a) To direct employees of the school district.
(b) To hire, promote, transfer, assign and retain employees in positions in the school district, and for just cause to suspend, to demote, discharge or take other disciplinary action against employees.
(c) To relieve employees from duty because of lack of work or other legitimate reasons.
(d) To maintain the efficiency of the school district operations entrusted to them.
(e) To determine the methods, means and personnel by which such operations are to be conducted.
(f) To determine work schedules and to order overtime.
(g) To take whatever actions may be necessary to carry out the mission of the school district in situations of emergency.

The Board agrees to furnish to the Association, in response to reasonable request, available and non-confidential information concerning the financial, educational and personnel resources of the school district as reasonably needed to negotiate, investigate, or process grievances on behalf of its members or other materials that affect terms and conditions of employment, free of charge. Such requests shall be submitted to the Superintendent of Schools in writing on the appropriate form.

Whenever any representative of the Association or any custodian/maintenance participates during working hours in negotiations, grievance proceedings or conferences, or meetings, he shall suffer no loss in pay provided they are called by the Administrator or the Board of Education.

The Association and its representatives shall have the privilege to use school buildings at all reasonable hours for meetings when not in conflict with previous commitments. Prior approval from the Administrator is required for use of building/facilities, which shall not be unreasonably withheld.

The Association shall have the privilege to use school facilities and equipment, including typewriters, computers and duplicating machines, and all types of audiovisual equipment at reasonable times, when such equipment is not otherwise in use. The Association shall furnish all materials and supplies incident to such use.

The Association shall have access to a bulletin board in each building for its exclusive use. Copies of all materials posted by the Association shall be transmitted to the building principal, but no approval shall be required for posting. Posted materials shall not be offensive to nor derogatory in nature toward the Board or its members, community members, administrative personnel, students, or any individual or group of employees.

The Association shall have the right to use inter-school mail facilities and school mailboxes for Association business.

The custodian/maintenance work year shall be 12 months. The custodian/maintenance calendar shall include the following paid holidays:
Independence Day New Years Eve Day
Labor Day Day after Thanksgiving
Thanksgiving Day Martin Luther King Day New Years Day
Christmas Eve Good Friday
Christmas Day Easter Monday
Day after Christmas Memorial Day

If the day before or after Christmas falls on a non-working day additional time will be granted for a total of three days.

Other holidays will be scheduled in recognition of, but not necessarily on the calendar days traditionally associated with, the following holidays:
Columbus Day
Veterans Day
Presidents Holiday (2 days)

Holiday schedules must be arranged for at least three (2-3) full working days in each of the major holiday (Christmas & spring) periods. Final determination of the scheduling of these days will be at the discretion of the Educational Facilities Manager.

The custodial/maintenance staff of Little Egg Harbor Township School District will work five days a week, excluding Saturday and Sunday and designated holidays in accordance with the twelve-month custodial/maintenance calendar.

When school is closed for snow days or inclement weather, the custodial staff will report to work unless directed not to do so by either the Superintendent or the Educational Facilities Manager. On such days all employees will report for the day shift. Custodian/maintenance who do not report for work on such days will be charged a vacation day (if available) or will have the day deducted from their salary for that pay period if no vacation time is available.

Over-time pay for any time worked over 40 hours per week will be at 1.5 base salary per hour. “Time worked over 40 hours per week” is defined to mean time actually worked, and does not include paid leave time, except in cases where an employee is called back to work for an emergency. Holidays are included as time worked. The workweek for overtime purposes commences at 12:01 a.m. on Sunday and ends at midnight Saturday.

Overtime will be rotated as follows:

Each custodian/maintenance employee shall be paid on the 15th and 30th of each month.

All benefits become effective upon one-month employment under a contract with the Board. Coverage is for employee and eligible dependents with the exception of disability insurance, which covers the employee only.
(a) Medical Insurance The Board of Education will assume 100% of the cost of insurance premiums for coverage under Connecticut General Life Insurance Company, or equivalent, including major medical or the equivalent and Prescription Plan ($5 Co-Pay). The Board reserves the right to elect to switch health and/or prescription card insurance. Second Opinion required for surgery. Additional coverage upgrades (if available) may be purchased at employee expense.

(b) Dental Insurance During the term of this agreement, the Board of Education shall continue to provide custodian/maintenance with dental insurance under Connecticut General Life Insurance, or equivalent.

(c) Disability Insurance The Board of Education will assume 100% of the cost of the premiums for disability insurance base plan for the employee only.

If the Administrator sends a custodian/maintenance on official school business out of the district during or after regular school hours, said custodian/maintenance should be reimbursed for transportation (if own used) at the rate of $0.30 per mile, plus tolls, and parking, if required.

A custodian/maintenance who notifies the Board in writing on or before January 2 of any year, of their intention to retire at the end of that school year, and who actually files a retirement paper with the New Jersey State Retirement System, shall be entitled to receive a Terminal Leave Compensation. Said Terminal Leave Compensation shall be computed as follows: For every two (2) days of accumulated unused sick leave, the custodian shall be paid for one (1) day at the per diem rate in existence in the year of retirement. The maximum accumulation for such purpose shall be two hundred fifty (250) days, which will result in a payout equal to one hundred twenty-five (125) days. In order to qualify for Terminal Leave Compensation, the custodian/maintenance retiring must have at least fifty (50) accumulated unused sick days at the time of his retirement.

Vacation shall be earned according to the following schedule:
Less than one year 1 day per month Not to exceed ten days.
After one year 10 days
After five years 15 days
After ten years - 20 days
All vacation days are earned.
Employees with more than two (2) weeks of annual vacation time shall not take more than two (2) weeks consecutively during the summer vacation period without the approval of the Educational Facilities Manager. The scheduling of more than two (2) vacation periods shall be at the discretion of the Educational Facilities Manager. Vacation time unused by the end of the fiscal year shall not be accumulative, however, any custodial/maintenance person may receive up to five (5) unused vacation days and five (5) unused sick days at his/her current per diem rate at the conclusion of the fiscal year.

In order to identify all custodial/maintenance employees in the district, the Board of Education will furnish five (5) shirts to each employee as requested. The Board of Education will also furnish identification badges for each employee. Custodian/Maintenance personnel will be required to wear identification badges at all times.

A new custodial/maintenance employee will be employed for three (3) months on a probationary basis before a contract is issued. If work is satisfactory, the contract will be retroactive to the first day of employment, after a three (3) month evaluation by the Superintendent, or his/her designee.

Days Worked		1		2		3		4		5
Personal Days		1		1		2		3		4 (4th day in non-cumulative)
Sick Days		2		4		6		8		12+2 non-cumulative

Each custodian/maintenance shall be evaluated annually by the Superintendent, or his/her designee. All monitoring or observation of the work performance of a custodian/maintenance shall be conducted openly with full knowledge of the custodian.

A custodian/maintenance shall be given a copy of any observation or evaluation report prepared by the Superintendent or his/her designee. No such report shall be placed in the custodian/maintenance or otherwise acted upon without the custodian/maintenance having the opportunity of a conference on the evaluation. No custodian/maintenance shall be required to sign a blank or incomplete evaluation form. The custodian/maintenance may add appropriate comments, responses, or clarifications to the evaluation.

(a) File
A custodian shall have the right to indicate those documents and/or other materials in his/her file, which he/she believes to be obsolete or otherwise inappropriate to retain. Said documents shall be reviewed by the Superintendent and if, in fact, they are otherwise inappropriate or obsolete, they shall be destroyed. Disputes over retention of said documents may be processed in accordance with Title 18A: 6-9.

(b) Derogatory Material
No material derogatory to a custodian/maintenance’s conduct, service, character or personality shall be placed in his or her personnel file unless the custodian has had an opportunity to review the material. The custodian shall acknowledge that he or she has had the opportunity to review the material. The custodian shall acknowledge that he or she has had the opportunity to review such material by affixing his or her signature to the copy to be filed with the express understanding that such signature in no way indicates agreement with the contents thereof. The custodian shall also have the right to submit a written answer to such material, and his or her answer shall be reviewed by the Superintendent and attached to the file copy.

(c) No Separate File
Although the Board agrees to protect the confidentiality of personal references, academic credentials and other similar documents, it shall not establish any separate personnel file.

In the event this Agreement is not renewed, an Agreement to continue benefits will be drawn up between the Board and those employees who return to work. This continuance of benefits Agreement would remain in force until such time as a new contract is signed upon.

Whenever any notice is required to be given by either of the parties to this Agreement to the other, pursuant to the provisions of this Agreement, either party shall do so by delivery in writing at the following address:

If by Association, to Board at 307 Frog Pond Road, Little Egg Harbor, NJ 08087

If by Board, to Association at 307 Frog Pond Road, Little Egg Harbor, NJ 08087

(a) Sick Leave, Minimum Allowances, Cumulating Unused Leave:
All persons holding any office, position or employment in all school districts, regional school districts for county vocational schools of the State who are steadily employed by the Board of Education, or who are protected in their office, position of employment under the provision of Chapter 28 of Title 18A of the Revised Statutes or under any other law shall be allowed sick leave with full pay for a minimum of twelve (12) days and two (2) non-accumulated days in any school year. If any such person requires in any school year less than this specified number of days of sick leave with pay allowed, all days of such minimum sick leave not utilized that year shall be accumulative to be used for additional sick leave as needed in subsequent years excluding the two (2) non-accumulative days.

(b) Physician's Certificate
In case of sick leave claimed, a Board of Education may require a physician's certificate to be filed with the Board Secretary of the Board of Education.

(c) Sick Leave Defined
Sick Leave is hereby defined to mean the absence from his or her post of duty, of any such person because of personal disability due to illness or injury, or because he or she has been excluded from school by the school district's medical authorities on account of contagious disease or of being quarantined for such a disease in his or her immediate household.

(d) Prolonged Absence Beyond Sick Leave Period N.J.S.A. 18A: 30-6
"When absence, under the circumstances described in section 18A: 30-1 of this article, exceeds the annual sick leave and the accumulated sick leave, the Board of Education may pay any such person each day's salary less the pay of a substitute, if a substitute is employed or the estimated cost of the employment of a substitute if none is employed, for such length of time as may be determined by the Board of Education in each individual case. A day's salary is defined as l/240 of the annual salary.

(e) Salary in cases of absence not constituting sick leave additional sick leave or accumulation sick leave:
Nothing in this act shall affect the right of the Board of Education to fix either by rule or by individual consideration, the payment of salary in cases of absence not constituting sick leave, or granting sick leave over and above the minimum sick leave as defined in this act, or allowing days to accumulate over and above those provided for in section 18A: 30-2 except that no person shall be allowed to increase total accumulation by more than ten (12) days in any one year.

(a) Death
In case of death in any custodian/maintenance family or spouse’s family, the employee shall be excused for four (4) days when necessary without loss of salary. “Family” is defined to mean any relative residing in the immediate household, spouse, parents, children, grandparents, grandchildren and siblings.

(b) Court Order
In case of absence from school by reason of subpoena from a court, no deduction in pay shall be made for up to three (3) days per event giving rise to the subpoena. The subpoena must be filed with the Superintendent and must require the employee’s attendance during his/her regular working hours.

(c) Emergencies and Personal Days
Employees may be granted up to four days (4) of absence for an emergency or a personal day without deduction of salary, during any one school year. The fourth personal day is non-cumulative and may only be taken after the three cumulative personal days are used. Employees may accumulate three (3) personal days per year if such day is not used otherwise. Such accumulation shall be added into the employee’s sick leave accumulation. Application shall be made at least two days before taking such leave except in cases of emergency. The superintendent will be notified as soon as possible when a day is being used for an emergency. In the event that a custodian/maintenance who has already signed in has to leave the building for emergency or sickness, they are required to notify the building principal and superintendent's office prior to leaving the building.

(d) Jury Duty
Custodian/Maintenance called for jury duty shall suffer no deduction of salary. Custodian/Maintenance shall receive their regular daily pay for each day of jury duty but will be required to reimburse the district the amount of jury pay received.

(e) Military Leave
Each employee shall be eligible for unpaid leave of absence for military leave pursuant to statute.

(f) Family Leave
Each employee shall be eligible for unpaid leave of absence for family matters pursuant to the New Jersey Family Leave Act or the Federal Family Leave Act.


(g) Other Leaves
Nothing shall prohibit the Board of Education from granting other leaves, paid or unpaid, for what it considers good and sufficient reason.

If a bargaining unit member does not become a member of the Association during any membership year (i.e., from September 1 to the following August 31) which is covered in whole or in part by this Agreement said bargaining unit member will be required to pay a representation fee to the Association in lieu of dues for service rendered by the Association.

Prior to the beginning of each membership year, the Association will notify the Board in writing, of the amount of the regular membership dues, initiation fees and assessments charged by the Association to its own members for that membership year. Said fee shall conform to the rules and regulations promulgated by the Public Employment Relations Commission.

Once during each membership year covered in whole or in part by this Agreement, the Association will submit to the Board a list of those bargaining unit members who have not become members of the Association for the then current membership year. The Board will deduct from the salaries of such bargaining unit members, in accordance with Section 12/04 below, the full amount of the representation fee and promptly will transmit the amount as deducted to the Association.

Upon written notification from the Association that it has adopted and implemented a “demand and return system,” the Board will deduct the representation fee in equal installments, as nearly as possible, from the paychecks paid to each bargaining unit member on the aforesaid list during the remainder of the membership year in questions. The deduction will begin with the first paycheck paid thirty (30) days after receipt of the aforesaid list by the Board previously served as a bargaining unit member and continued in the employ of the Board in a non-bargaining unit position or was on layoff, in which event the deduction will begin with the first paycheck paid ten (10) days after the resumption of the individual’s employment as a bargaining unit member.

If the employment of a bargaining unit member who is required to pay a representation fee is terminated before the Association has received the amount of representation fee (prorated for the membership year in question) to which it is entitled under this Article, the Board will deduct the unpaid portion of same from the last paycheck paid to said bargaining unit member.

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

The Association will notify the Board, in writing, of any changes in the list provided for in paragraph 12.03 above and/or the amount of the representation fee, and such changes will be reflected in any deductions made more than thirty (30) days after the Board received said notice.

The definition of the word “bargaining unit member” as used in this Article shall be as defined in Article 1 section 1.01 hereof.

The Association shall indemnify and hold the Board harmless against any and all claims, demands, suits and other forms of liability including liability for reasonable counsel fees and other legal costs and expenses that may arise out of, or by reason of any action taken or not taken by the Board in conformance with this Article.

This Agreement shall be effective as of July l, 2004 and shall continue in effect until June 30, 2006, subject to the Association's right to negotiate over a successor Agreement as provided in Article II. This Agreement shall not be extended orally, and it is expressly understood that it shall expire on the date indicated, unless it is extended in writing.