1
AGREEMENT BETWEEN
THE BOARD OF EDUCATION OF THE BOROUGH OF NORWOOD
COUNTY OF BERGEN, STATE OF NEW JERSEY
AND
LOCAL NO. 418
PRODUCTION, MAINTENANCE AND ALLIED WORKERS,
a/w INTERNATIONAL BROTHERHOOD OF TEAMSTERS,
CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA
July 1, 2003 – June 30, 2006
INDEX
Page
Article I Recognition 1
Article II Salaries 1
Article III Day Work Week and Overtime 2
Article IV Sick Leave 4
Article V Personal Leave 4
Article VI General Provisions 5
Article VII Severability 5
Article VIII Insurance 6
Article IX Uniforms 7
Article X Holidays 7
Article XI Vacations 8
Article XII Jury Duty 8
Article XIII Black Seal Boiler Licenses 8
Article XIV Checkoff 9
Article XV Posting Vacancies 10
Article XVI Seniority 10
Article XVII Shop Steward 11
Article XVIII Grievance Procedure 12
Article XIX Duration 15
Salary Guides 16
PREAMBLE
This agreement entered into this 1st day of July 2003, by and between the Board of Education of the Borough of Norwood, County of Bergen, State of New Jersey, hereinafter referred to as the “Board” and Local 418, Production, Maintenance and Allied Workers, a/w International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, hereinafter referred to as the “Union.”
ARTICLE I
RECOGNITION
The Board hereby recognizes the Union as the exclusive representative for collective negotiations for all regular custodial and maintenance employees employed by the Board, excluding managerial executives, confidential employees, professional employees, craft employees, police and supervisors with in the meaning of the act and all other employees of the Board
ARTICLE II
SALARIES
A. Salaries for 2003-2004, 2004-2005 and 2005-2006 commencing with July 1, 2003 are determined by placement on the adopted salary guide (See attachment No. 1)
B. In addition to the base annual salaries, as described in Paragraph A above, employees who are appointed as “lead night person” shall be entitled to a premium of six percent (6%) additional over the base hourly rate.
C. Night shift premium additional six percent (6%), starting work after 3:00 PM.
D. Initial placement on the salary guide shall result from an evaluation of the experience and knowledge of the employee as determined by the Board of Education.
E. Longevity will be added during this agreement as follows:
$ 700 beginning with the eighth year.
$ 800 beginning with the tenth year.
$1,200 beginning with sixteenth year.
F. Maintenance – Salaries for 2003-2004, 2004-2005 and 2005-2006 school years are determined by adopted salary guide. (see attachment No. 1)
G. Employees hired before January 1st of any year will advance one step as of July 1st of the next school year. Employees hired after January 1st will remain on the same step of the guide the next school year. Employee hired on March 1, 1998 will be grandfathered and advance one step on July 1, 1998.
ARTICLE III
DAY WORK WEEK AND OVERTIME
A. The normal work week for a full-time employee shall consist of forty (40) hours per week on the basis of eight (8) hours per day, Monday through Friday.
B. Part-time personnel shall work a schedule as established by the Board.
C. Employees shall receive overtime at time and one-half the regular rate for all work over forty (40) hours per week.
D. In the following instances all custodians shall receive a minimum of three (3) hours of work or pay in lieu thereof:
1. In the case of an employee who is called back to work due to an emergency or an act of God, the rate of pay will be one and one-half (1 ½) the regular rate of pay.
2. On Saturdays the rate of pay will be one and one-half (1 ½) the regular rate.
3. All work on Sundays and holidays will be paid double the regular rate of pay.
4. On the sixth consecutive day of work the rate of pay will be one and one-half (1 ½) the regular rate of pay.
5. Work on the seventh day will be compensated at double the regular rate of pay.
6. Boiler and building checks done at the request of the Supervisor of Building & Grounds will be compensated at one and one-half (1 ½) the regular rate of pay.
7. Employees who work on a holiday shall receive a minimum of three (3) hours work or pay in lieu thereof at the double rate.
NEW HIRED CUSTODIANS:
A. Employees shall be probationary employees for a sixty (60) day period. The Board, upon written notice to the Union, may in it’s discretion, extend the probationary period for an additional fifteen (15) day period when, in its judgement, such extension is required.
The Board may dismiss an employee during the probationary period without recourse. Employees under probation shall not have recourse to any grievance or arbitration procedure under this Agreement.
B. Their work week can be changed upon their sixth month anniversary date of hire, so that work performed on Saturdays and/or Sundays will not be considered overtime as stated above.
C. All work performed on the sixth day shall be considered as overtime and shall be paid at time and one-half (1 ½) the straight time hourly rate of pay.
D. All work on the seventh day will be paid at double time the hourly rate of pay for only those hours worked.
E. Employees who work on a holiday shall receive minimum of three (3) hours work or pay in lieu thereof at the double rate.
ARTICLE IV
SICK LEAVE
A. Employees shall be entitled to twelve (12) sick leave days each school year. Unused sick leave days shall be accumulated from year to year with no maximum limit.
B. The Business Administrator/Board Secretary shall forward a list of accumulated sick leave of each employee covered by this Agreement, to the said employee by September of each year.
C. Upon retirement, employees will be entitled to thirty-five dollars ($35) a day for each unused sick day they accumulate up to 50 days or $1,750.00 after ten (10) year of continuous service.
ARTICLE V
PERSONAL LEAVE
A. Employees shall be entitled to the following temporary non-accumulative leave of absences with pay each school year.
1. Four (4) days leave of absence for legal, business, household or family matters which require absence during the school hours. Written application to the Business Administrator for said leave shall be made before said leave is considered (except in case of emergency) and the applicant for such leave shall be require to state the reason for taking such leave.
2. The Board in its sole and absolute discretion for good reason may grant other leaves of absence with pay. The decision of the Board of Education shall be final and conclusive upon the parties hereto and the employee.
3. Leave granted under the above sections shall be in addition to sick leave to which the employee is entitled, as set forth in this agreement.
4. Bereavement: Shall be four (4) for each death in the immediate family: spouse, child, father, mother, sister, brother, grandparents, grandchildren, father-in law, mother-in-law, son-in-law, daughter-in-law, sister-in-law, brother-in-law, stepparents, stepchildren or other persons permanently residing in household.
ARTICLE VI
GENERAL PROVISIONS
A. There shall be no reprisals of any kind taken against any employee by reasons of his or her membership in the Union.
B. The Union agrees to take no action that will demean the process or will be contrary to the laws of the State of New Jersey pertaining to strikes, work stoppage or sanction or to take any other collective action to disable or impede the Board in the discharge of it statutory duties, and agrees that such action would constitute a material breach of this Agreement.
ARTICLE VII
SEVERABILITY
A. If any provision of this Agreement is held to be invalid by operation of law, or by court or other tribunal of competent jurisdiction, such provisions shall be inoperative, but all other provisions shall not be effected thereby, and shall continue in full force and effect.
B. Notwithstanding paragraph A above, should the salary provisions relating to this agreement be declared invalid, in accordance with paragraph A above, then in that event, those clauses may be renegotiated at the option of either party. It is the understanding of the parties of obtaining more than the agreed upon percentage figures as mentioned in the Salary Article of Agreement.
ARTICLE VIII
INSURANCE
A. The Board shall pay for each employee, the full premiums of the NJ Plus program for medical benefits as offered through the State Health Benefits Plan.
Employee coverage on other (than the NJ Plus) programs offered through the State Health Benefit Plan will be available upon written request with the additional cost of coverage paid for by the employee.
* Implementation shall be inoperable until all employees district wide have the same terms and conditions regarding health benefits.
Any medical benefits plan chosen by the Board must be equal to or in accordance with the rules of the carrier in effect as of the date of the change.
B. The Board will, upon written request of the employee, shall pay the full premium of the NJ Plus program offered through the State Health Benefit Plan for the employee’s immediate family.
Immediate family coverage on other (than NJ Plus) programs will be available upon written request with the additional cost of coverage paid for by the employee.
* Implementation shall be inoperable until all employees district wide have the same terms and conditions regarding health benefits.
C. Employees are responsible for providing the Business Administrator with required forms and the data within ten (10) working days of their effective starting date of employment.
D. The Board shall provide a full family dental plan for each member of the bargaining unit.
E. The Board will reimburse employees for the deductible portion of major medical, up to the maximum of $100 per employee or $200 per family per year. This reimbursement will be accomplished twice per year, in December and June.
F. All insurance coverage shall be available only to full-time employees which are hereby defined to mean those employees working thirty (30) or more hours per week. Any employee hired before September 1, 1996 is grandfathered at full-time defined at twenty (20) or more hours per week. These definitions of full-time employees are for the purpose of this Article only.
ARTICLE IX
UNIFORMS
A. Three (3) uniforms and belts shall be provided to each employee at the Board’s expense each year.
B. There shall be two (2) pair of snowmobile boots on the premises to be available for employee use. It is understood that the Board’s obligation with respect to snowmobile boots shall be to provide the boots for the use of any employee on duty and shall not be construed to mean two (2) pair of boots for each employee.
C. The Board will provide a winter-weight jacket allowance and/or safety shoe allowance of $150.00 for each year of this contract. The Supervisor of Building and Grounds shall approve the safety shoes and jackets. Employees who are new to the district are eligible for reimbursement ninety (90) days after employment upon documentation of paid receipt dated after employment begins.
ARTICLE X
HOLIDAYS
A. Employees shall be entitled to Independence Day, Labor Day, Thanksgiving, Christmas, New Year’s Day, Memorial Day plus eight (8) additional holidays to be posted by the Business Administrator at the beginning of each year.
B. For any reason school should be held on one (1) or more of the posted holidays, the employee concerned will report for work as usual. For any time worked on a posted holiday, the employee will be paid double time for the hours worked in addition to the paid holiday.
C. In addition, each custodian is entitled to his birthday off.
ARTICLE XI
VACATIONS
A. Vacations for full-time employees shall be based on employment as of July 1st of each year. Employees shall earn paid vacation time dependent upon their continuous years of service. Any employee hired July 1 – September 1 will earn two weeks vacation as of July 1st of the next year. Employment after September 1 will earn vacation time as of July 1st the next year pro-rated at one (1) day per month.
Employment for one (1) complete school year, but less that four (4) years, earns two (2) weeks vacation: employment for four (4) years but less that ten (10) years earns three (3) weeks vacation. Employment for more than ten years earns four (4) weeks vacation. Vacation will be taken after consultation with the Business Administrator and Supervisor of Building and Grounds.
B. Vacation schedules will not be restricted during July and August and shall be so staggered that the school will have one (1) custodian in attendance.
C. Custodians must schedule at least one week vacation during the months of July and August.
D. Earned vacation will be paid at a pro-rata basis, based on the following formula: Number of complete half-months worked in the current year, divided by twenty-four (24) times the annual earned vacation pay.
ARTICLE XII
JURY DUTY
Employees called for jury duty service will receive their regular pay provided they turn over their jury duty check to the school.
Regular pay will be limited to a maximum two-week jury service.
ARTICLE XIII BLACK SEAL BOILER LICENSES
A. The Board agrees to pay $300 per year to each employee who holds a Black Seal Boiler License.
B. The Board reserves the right to limit to five (5) employees to hold a license at any one time.
C. The Board will pay the total fee for renewals of license.
D. On December 1st of each year of this contract, the Supervisor of Building and Grounds will provide the Board Office with a list of those employees who have provided proof of holding a Black Seal Boiler License as of that date.
E. The Board will pay the tuition reimbursement for schooling for boiler license of new employees, provided satisfactorily completed and upon documentation of paid receipt.
ARTICLE XIV
CHECKOFF
A. Subject to the provisions of Section 102 (c) of the Labor-Management Relations Act and provided that the Board has received from each employee, on whose account such deductions are made, a written assignment, the Board shall deduct periodically, as stated in such authorization, from the wages of each such employee, the membership dues, (including initiation fees) in the Union of such employees, and shall remit the same to an authorized officer of the Union, together with an itemized list. Such remittance shall be made, in case of weekly deduction, not later than ten (10) days after such deductions are made.
B. The Union agrees to indemnify, defend and hold and save the Board harmless from any causes of action, demand, claim suit, loss, damages or any other liability that shall arise out of or by reason of action taken under this clause.
C. If the rate of dues should change, the Union shall provide the Board with ninety (90) days advance notice of such change.
D. All deductions under the Article shall be subject to Chapter 233, NJ Public Laws of 1969, N.J.S.A. (r.s.) 52:14-15.9 (e).
E. Assignees shall have no right or interest whatsoever in any money authorized withheld until such money is actually paid over to them. The Board or any of its officers and employees shall not be liable for any delay in carrying out such deductions by mail to the assignees’ last known address. The Board and its officers and employees shall be released from all liability to the employee-assignors and to the assignees under such assignments.
ARTICLE XV
POSTING VACANCIES
A. All new and vacant positions covered by this Agreement shall be posted on the bulletin board for a period of three (3) days. Employees applying for such vacancies shall make a request in writing to the Business Administrator.
B. Employees covered by this Agreement shall be given priority in applying for job openings covered under this Agreement, provided that such employees are, in the sole discretion of the Board, qualified.
C. If two (2) or more equally qualified employees apply for such position or promotion, seniority will be considered along with qualifications in determining which employee is hired. The Board reserves the right, in its sole discretion, to select the most qualified candidate to fill the position.
D. Applicants may apply for position only during the posting period.
E. If promoted, an employee shall serve in the new capacity for a probationary period of thirty (30) days.
ARTICLE XVI SENIORITY
A. It is hereby agreed that the parties hereto recognize and accept the principle of seniority in all cases of lay-offs and recalls. In all cases, however, ability to perform work in a satisfactory manner and qualifications will be the most significant factor to be considered in designating the employee to be affected.
B. The seniority of an employee is defined as the length of continuous service as a Board employee dating back to his/her last date of hire.
C. In the event of lay-offs and re-hiring, the last person hired shall be the first one to be laid off, and the last person laid off shall be the first to be recalled in accordance with this seniority, provided, in the sole judgement of the Board, all employees considered have performance and qualifications in all areas equal. If performance and qualifications are not equal, the Board shall have the right to lay-offs according to performance and qualifications.
D. Once per year, the Board shall prepare and forward to the Union a seniority list of employees by length of service with the Board.
E. Notice of recall shall be sent to the employee by certified mail or telegram to the employee’s last address of Board record. Recall notice shall not require return to work earlier than two (2) weeks from the date of notice.
ARTICLE XVII
SHOP STEWARD
A. The Board recognizes the right of the Union to designate shop stewards and alternates.
The authority of shop stewards and alternates so designated by the Union shall be limited to, and shall not exceed, the following duties and activities:
1. The investigation and presentation of grievances in accordance with the provisions of the collective bargaining agreement.
2. The transmission of such messages and information which shall originate with, and are authorized by the Local Union or its officers, provided such messages and information have been reduced to writing or if not reduced to writing, are of a routine nature and do not involve work stoppages, slow down, refusal to handle goods or any other interference with the Board’s business.
The Board recognizes these limitations upon the authority of the shop stewards and their alternates, and shall not hold the Union liable for any unauthorized acts.
GRIEVANCE PROCEDURE
A. Definition:
1. A grievance is a claim based upon an event or condition which affects the welfare and/or terms and conditions of employment of an employee or group of employees and/or the interpretation, meaning or application of any of the provisions of this contract. However, the term “grievance” shall not apply to (a) any claim for which a manner or review is prescribed by law; or (b) any rule or regulation of the State Department of Education or Commission of Education.
2. Any “aggrieved person” is the person or persons or Union making the claim.
3. A “party in interest” is the person or persons making the claim and any person whom might be required to take action or against whom action might be taken in order to resolve the claim.
B. Purpose:
1. The purpose of this procedure is to secure, at the lowest possible level, equitable solutions to the problems which may from time to time arise affecting the welfare or terms and conditions of employment of employees. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of the procedure.
2. Nothing herein contained shall be construed as limiting the right of any employee having a grievance to discuss the matter informally with the appropriate member of the administration, and having the grievance adjusted without intervention of the Union, provided the adjustment is not inconsistent with the terms of this Agreement.
C. Procedure:
1. Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as a maximum and every effort should be made to expedite the process. The time limits specified may however, be extended by mutual agreement.
LEVEL I:
A grievance must be discussed with the immediate superior within fifteen (15) school days of its occurrence or it shall be considered waived.
LEVEL II:
If the aggrieved person is not satisfied with the disposition of his/her grievance at Level 1, a grievance may be filed with the Business Administrator within five (5) school days after the decision is made at Level 1. The Business Administrator shall render a written decision within ten (10) school days after receiving the written grievance.
LEVEL III:
If the aggrieved person is not satisfied with the disposition of this grievance at Level II, a grievance may be filed with the Board of Education within five (5) school days after the Business Administrator’s decision. The Board of Education shall make a written decision of the grievance within one (1) calendar month after receipt of the grievance.
LEVEL IV:
If the aggrieved person is not satisfied with the disposition of his/her grievance at Level III, he/she shall have the right to request advisory arbitration. A written request for advisor arbitration shall be filed with the Board of Education no later than twenty (20) days following the Board of Education’s decision. Failure to file within said time period shall constitute a bar to such advisory arbitration, unless the aggrieved person and the Board of Education shall mutually agree upon a longer time within which to assert a request for advisory arbitration.
The Board of Education and the aggrieved will each nominate one (1) advisor. The advisors named by the Board of Education and the aggrieved party shall select a third member, who shall be the chairman.
The authority of the advisory board shall be advisory only and shall be limited solely to the interpretation of the agreement to which this procedure is annexed and shall have no authority to add to, subtract from, or modify any of said provisions, nor shall the advisory board have the authority to substitute its judgement as to the degree of discipline.
The advisory board, so selected, shall confer with the Board of Education and the aggrieved person and hold private hearings promptly. The advisory board shall issue their decision in writing to the Board of Education and the aggrieved person within thirty (30) days from the date of the closing of the hearings, or if oral hearings have been waived by the Board of Education and the aggrieved person, then from the date the final statements and proofs are submitted to them. The Board of Education will meet as a whole and review the facts and conclusion presented by the advisory board within thirty (30) days. Within ten (10) days of this review, the aggrieved person will be notified in writing of the Board of Education’s conclusions.
D. Cost:
The costs for the services of the advisor, including per diem expenses, if any, and actual and necessary travel, and subsistence expenses, shall be borne equally by the Board and the Union. Any other expenses incurred shall be paid by the party incurring the same.
E. Representation:
Any aggrieved person may be represented at all stages of the grievance procedure by himself, or at his option, a representative selected or approved by the Union. When an employee is not represented by the Union, the Union shall have the right to be present and to state its views at all stages of the grievance procedure. Such procedure concerning representation shall not apply at Level I.
F. Reprisals:
No action of any kind shall be taken by the Board or by any member of the administration against any party in interest, any building representative, any member of the Union, or any other participant, in the grievance procedure by reason of such participation.
G. Group Grievance:
If, in the judgement of the Union, a grievance affects a group or class of employees, the Union may submit such grievance in writing to the Business Administrator directly and the processing of such grievance shall be commenced at Level II. The Union may process such grievance through all levels of the grievance procedure.
H.
1. All unsatisfactory decisions rendered to the aggrieved person at Levels II, III, and IV shall be in writing, setting forth the decision and the reason or reasons therefor, and shall be transmitted promptly to all parties in interest and to the Union.
2. All meetings and hearings under this procedure shall not take place during the school day and shall not be conducted in public and shall include only such parties in interest and their designated or selected representatives heretofore referred to in this Article.
ARTICLE XIX DURATION
A. This Agreement shall be effective as of July 1, 2003 and shall continue in effect until June 30, 2006.
B. IN WITNESS THEREOF, the parties hereto have caused this Agreement to be signed by their respective officers on this day of 2003.
_________________________ _________________________
Michael J. Sprague Alfred Pascarella, Jr.
Board President Local President
_________________________ _______________________
Gary J. Grembowiec Jack Roth
Business Administrator Shop Steward
________________ ________________
Date DateSALARY GUIDE
CUSTODIAL GUIDE
2003-2004 2004-2005 2005-2006
1. $ 31,534 $ 32,638 $33,944
2. $ 32,475 $ 33,612 $34,956
3. $ 33,417 $ 34,587 $35,970
4. $ 34,360 $ 35,563 $36,985
5. $ 35,324 $ 36,560 $38,022
6. $ 36,288 $ 37,558 $39,061
7. $ 37,253 $ 38,557 $40,099
8. $ 38,216 $ 39,554 $41,136
2003-2004 2004-2005 2005-2006
1. $ 35,263 $ 36,498 $37,958
2. $ 36,192 $ 37,459 $38,957
3. $ 37,117 $ 38,416 $39,953
4. $ 38,045 $ 39,376 $40,951
5. $ 38,973 $ 40,337 $41,950
6. $ 39,928 $ 41,326 $42,979
7. $ 40,887 $ 42,318 $44,010
8. $ 41,842 $ 43,306 $45,039
Certification
I declare to the best of my knowledge and belief that the preceding document is a true electronic copy of the executed collective negotiations agreement.
Gary J. Grembowiec
Business Administrator/Board Secretary
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