CONTRACTUAL AGREEMENT
BETWEEN
ANDOVER REGIONAL EDUCATION ASSOCIATION
CUSTODIAL PERSONNEL
AND
ANDOVER REGIONAL BOARD OF EDUCATION
2004-2007
TABLE OF CONTENTS
ARTICLE I RECOGNITION 1
ARTICLE II NEGOTIATIONS PRODECURE 2
ARTICLE III GRIEVANCE PROCEDURE 3
ARTICLE IV A.R.E.A. CUSTODIAL PERSONNEL RIGHTS 6
ARTICLE V EMPLOYEE RIGHTS AND PRIVELEGES 7
ARTICLE VI WORK YEAR 8
ARTICLE VII VACATION AND HOLIDAYS 10
ARTICLE VIII SICK LEAVE 11
ARTICLE IX TEMPORARY LEAVES OF ABSENCE 12
ARTICLE X EXTENDED LEAVES OF ABSENCE 13
ARTICLE XI EMPLOYMENT PROCEDURES 14
ARTICLE XII SENIORITY AND JOB SECURITY 15
ARTICLE XIII VOLUNTARY TRANSFERS AND REASSIGNMENTS 16
ARTICLE XIV EMPLOYEE EVALUATION 17
ARTICLE XV PROMOTIONS 18
ARTICLE XVI FAIR DISMISSAL PROCEDURE 19
ARTICLE XVII INSURANCE 20
ARTICLE XVIII SALARIES 21
ARTICLE XIX MISCELLANEOUS PROVISIONS 22
ARTICLE XX DURATION OF AGREEMENT 23PREAMBLE
This agreement entered into this 1st day of July 2004 by and between the Board of Education of the Andover Regional School District, the Township and Borough of Andover, New Jersey, hereinafter called the “Board” and the Andover Regional Custodial Personnel, hereinafter called “Custodians”.
This contract represents the only agreement between the parties as noted in Article I, governing rates of pay, wages and terms and conditions of employment of the employee, and is in no way intended to grant tenure.
ARTICLE I
RECOGNITION
The Andover Regional Board of Education, in accordance with the privilege extended by the Public Employment Relations Commission in N.J.A.C. 19:11-3.1, grants recognition to the Andover Regional Education Association as the sole representative for collective negotiations as a bargaining unit for the Custodial personnel noted below who work twenty (20) hours or more per week.
INCLUDING: Custodial personnel employed by the Andover Regional Board of Education in the school buildings.
EXCLUDING: Temporary, seasonal and part-time employees other than regular contracted part-time employees working an average of less than twenty (20) hours per week.
Unless otherwise indicated, the term “Custodian”, when used hereinafter in this Agreement, shall refer to all custodians represented by the A.R.E.A. as above defined.
1ARTICLE II
NEGOTIATIONS PROCEDURE
The parties agree to enter into collective negotiations over a successor Agreement in accordance with the Public Employee-Relations Act in a good faith effort to reach agreement on all matters concerning the terms and conditions of employees’ employment. Any agreement so negotiated and ratified shall apply to all employees identified under Article I, be reduced to writing and be signed by the A.R.E.A. and the Board.
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.
All proposals may be mutually exchanged at the first scheduled negotiation session or at an earlier date as agreed upon by both parties.
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ARTICLE III
GRIEVANCE PROCEDURE
Definitions
A grievance is a claim by an employee or the A.R.E.A. based upon the interpretation, application or violation of this Agreement.
An aggrieved person is the person or persons of the A.R.E.A. making the claim.
B. Purpose
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 employees. Both parties agree that these proceedings will be kept informal and confidential.
C. Procedure
Time limits – Parties must initiate this procedure within 30 days of the alleged occurrence. 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. Extension to September is available if requested by either party and if grievance is filed near to the end of the school year.
Level one – Principal or immediate supervisor – An employee with a grievance shall first discuss it with his/her principal or immediate supervisor, either directly or through the A.R.E.A.’s designate representative, with the objective of resolving the matter informally. Grievant will state the sections violated, date of occurrence and relief sought.
Level two – Superintendent/CSA – If the aggrieved person is not satisfied with the disposition of his/her grievance at Level 1, or if no decision has been rendered with five (5) school days after the presentation of the grievance, he/she may file the grievance in writing with the A.R.E.A. within five (5) school days after the decision at Level 1 or ten (10) school days after the grievance was presented, whichever is sooner. Within five (5) school days after receiving the written grievance, the A.R.E.A. may refer it to the Superintendent/CSA, who shall hear said grievance. The aggrieved person, the grievance committee and/or other representatives may attend.
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Level three - Board of Education – If the aggrieved is not satisfied with the disposition of the grievance at Level 2 or if no decision has been rendered
within ten (10) school days after the grievance was delivered to the Superintendent/CSA, the A.R.E.A may, within (5) school days after a decision at Level 2 or fifteen (15) school days after the grievance was delivered to the Superintendent/CSA, whichever, is sooner, file the grievance with the Board.
If the aggrieved person is not satisfied with the disposition of his/her grievance at Level 3, or if no decision has been rendered within ten (10) school days after the grievance was delivered to the Board of Education, he/she may, within five (5) school days after a decision by the Board of Education or fifteen (15) school days after the grievance was delivered to the Board, whichever is sooner, request in writing that the A.R.E.A. submit its grievance to arbitration. If the A.R.E.A. determines that the grievance is meritorious, it may submit the grievance to arbitration within fifteen (15) school days after receipt of a request by the aggrieved person.
The parties agree to use the American Arbitration Association as the administering agency and shall be bound by the rules and procedures of the American Arbitration Association.
The arbitrator’s decision shall be in writing and shall be submitted to the Board and the A.R.E.A. and shall be advisory on both parties.
The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses and the cost of the hearing room shall be borne equally by the Board and the A.R.E.A. Any other expenses incurred shall be paid by the party incurring same.
Rights of Employees to Representation
1. Employees and A.R.E.A. – Any aggrieved person may be represented at all stages of the grievance procedure by representative(s) selected or approved by the A.R.E.A.
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E. Miscellaneous
1a. Group Grievance – If, in the judgment of the A.R.E.A., a grievance affects a group or class of employees within one school building the A.R.E.A. may submit such grievance in writing to the building principal. The A.R.E.A. may process such a grievance through all levels of the grievance procedure even
though the aggrieved person does not wish to do so. Group grievances will identify the class or category of employee affected.
1b. Group Grievance – If, in the judgment of the A.R.E.A., a grievance affects a group or class of employees employed within both schools, the A.R.E.A. may submit such grievance in writing to the Superintendent/CSA directly and the processing of such grievance shall be commenced at level two. The A.R.E.A. may process such a grievance through all levels of the grievance procedure even though the aggrieved person does not wish to do so. Group grievance will identify the class or category of employee affected.
Written Decisions – Decisions rendered at level one, which are unsatisfactory to the aggrieved person and all decisions rendered at levels two and three of the grievance procedure shall be in writing setting forth the decision and the reasons therefore and shall be transmitted promptly to the A.R.E.A. Decisions rendered at level four shall be in accordance with the procedures set forth in section C.5.c of this Article.
Separate Grievance File – All documents, communications and records dealing with the processing of a grievance shall be filed in a separate grievance file and shall not be kept in the personnel file of any of the participants.
Forms – Forms for filing grievances, serving notices, taking appeals, making reports and recommendations and other necessary documents shall be prepared jointly by the Superintendent/CSA and the A.R.E.A. and given appropriate distribution so as to facilitate operation of the grievance procedure.
Meetings and Hearings – All meetings and hearings under this procedure 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.
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ARTICLE IV
A.R.E.A. CUSTODIAL PERSONNEL RIGHTS
The rights and privileges of the A.R.E.A. Custodial Personnel and its representative(s) as set forth in this Agreement shall be granted only to the A.R.E.A. as the exclusive representative of the A.R.E.A. custodial employees, and to no other organization(s) representing any portion of the unit or potential member of the unit.
The A.R.E.A. Custodial Personnel and their representatives may have the right to use school buildings and office equipment for meetings and preparation of association materials, providing the facility is available on request through the building principal before 8 a.m. and after 4 p.m.
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ARTICLE V
EMPLOYEE RIGHTS AND PRIVILEGES
Pursuant to Chapter 123, Public Laws 1975, the Board hereby agrees that every employee of the Board shall have the right freely to organize, join and support the A.R.E.A. and its affiliates for the purpose of engaging in collective negotiations and other concerted activities for mutual aid and protection. The Board shall not discriminate against any employee with respect to hours, wages, or any terms of conditions of employment by reason of his/her membership in the A.R.E.A. and its affiliates, his/her participation in any activities of the A.R.E.A. or its affiliates, collective negotiations with the Board, or his/her institution of any grievance, under the Agreement or otherwise with respect to any terms or conditions of employment.
Nothing contained herein shall be construed to deny or restrict to any employee such rights as he/she may have under New Jersey School Laws or other applicable laws and regulations. The rights granted to employees here shall be deemed to be in addition to those provided elsewhere.
No employee shall be disciplined without just cause.
All employees will be provided with a job description.
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ARTICLE VI
WORK YEAR
Work Year
Regular School Year
A schedule of work, as indicated below, shall include thirty-nine (39) hours for the school term beginning the last full week of August and ending the last full week of June. Time sheets shall be completed each day.
Day Shift 7:00 am – 3:10 pm
Evening Shift 3:00 pm – 11:10 pm
With one-half (½) hour lunch for each shift
Saturday Shift
8:00am – 12 noon
Each custodial staff member shall provide coverage at one of the District’s school buildings every sixth Saturday on a rotating basis during the regular school year.
Summer Schedule
A schedule of work, as indicated below, shall include thirty-nine (39) hours for the summer period. Summer hours will begin the first day following the last day of school, provided that the thirty-nine (39) hours requirement for the summer schedule is met.
6:00am – 4:15 pm
½ hour lunch
Monday - Thursday
Time sheets shall be completed each day.
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Overtime and Non-Scheduled Hours
Overtime shall be defined as any hours worked beyond the regular contractual hours and shall be paid at the rate of 1-1/2 times the respective custodian’s hourly rate of pay. Holiday overtime shall be defined as any hours worked beyond the contractual hours on any of the defined holidays listed elsewhere in these terms and conditions and shall be paid at the rate of two (2) times the respective custodian’s hourly rate of pay. Sunday shall be considered a holiday for overtime compensation purposes. All requests for the possibility of working overtime shall, except in emergencies, receive prior approval of the building principal and Superintendent/CSA.
In the event a custodian is called in during his/her non-scheduled time, said custodian shall be compensated a minimum of two (2) hours pay for the first 2 hours work or any portion thereof.
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ARTICLE VII
VACATION AND HOLIDAYS
Vacations:
After 1-4 years 10 days
After 5-9 years 15 days
After 10 years 20 days
Hours/days of vacation shall be calculated based on the applicable work schedule (regular or summer). Regular school year vacation days shall be charged as one (1) day for each day used. Summer schedule vacation days shall be charged as one and one-quarter (1.25) days for each day used.
Holidays
Custodians shall receive the following fourteen (14) paid holidays for 2004-2007:
Independence Day
Labor Day
NJEA Convention (2 days)
Thanksgiving (2 days)
Christmas Eve
Christmas Day
New Year’s Eve
New Year’s Day
Martin Luther King Day*
President’s Day
Good Friday
Memorial Day
During the term of this agreement, floating holidays may be utilized at any time after the date earned upon approval of the Superintendent. All vacation days must be used by June 30 of the contract year except for five (5) which may be carried over to the following contract year.
* If school is in session on Martin Luther King Day, custodians will be required to report to work and a floating holiday may be utilized at a future date.
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ARTICLE VIII
SICK LEAVE
Full-time custodians shall receive thirteen (13) days sick leave per year or pro-rated based upon employment date. Such days shall be cumulative.
Extended illness leave may be granted for a maximum of thirty (30) consecutive days at full pay less the cost of a substitute. Such extensions shall be considered by the Board on a case-by-case basis.
Upon retirement (not vesting), any custodian with a minimum of fifteen (15) years of service in the District shall be eligible for partial reimbursement of unused accumulated sick leave. Reimbursement shall be made on the basis of the number of sick days to which the employee is entitled at the time of retirement times $2.00 times the number years service to the District up to $4,200.00. Such reimbursement shall be paid as follows: 1/3 total amount at time of retirement concurrent with last regular paycheck, 1/3 one year later and the final 1/3 paid two (2) years after date of initial payment. In case of death the estate will be paid the remaining balance.
Upon retirement, any custodian with a minimum of 15 years of service in the District shall be eligible to continue any or all insurance coverage currently in existence at the time of retirement if he/she so desires and any future extended benefits offered, with the agreement of each carrier, in either case. Premiums for said coverage shall be the responsibility of the custodian. The custodian may elect to use any financial benefits due him/her under Paragraph C for premium payment if he/she elects to do so. When these funds are exhausted the custodian shall be responsible for reimbursing the Board for said premiums on a schedule agreed to between the Board and the custodian.
Custodians shall be given a written accounting of accumulated sick leave days no later than July 1st each school year.
On June 30 of each year, one (1) sick day will be credited to each custodian’s sick leave for each two (2) unused personal leave days from the previous year.
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ARTICLE IX
TEMPORARY LEAVES OF ABSENCE
Custodians shall be entitled to the following personal days with full pay:
Death in the immediate family
Immediate family shall be defined as the custodian’s spouse, child, parent, father-in-law, mother-in-law, brother, sister, brother-in-law, sister-in-law, or grandchild. Absence due to death for such relatives shall be allowed for a period not to exceed five (5) days.
Other death in the family
Absences due to the death of other relatives or friends not defined in Section 1 will be allowed for the day of the funeral.
Personal days
For custodial staff who have completed 15 consecutive years service in the district, four (4) personal days shall be granted.
All other custodial staff shall receive three (3) personal days.
Such days are not cumulative
Custodial staff may request an additional personal day to attend the funeral of a friend or relative if all personal days have been expended. Approval of such requests shall rest with the Chief School Administrator.
Childbearing and/or child-rearing leave without pay for custodians shall be granted at the request of the custodian. Child-rearing shall commence at either the conclusion of the period of disability associated with child-rearing or upon assumption of custody of the child. Child-rearing leave shall be requested at least 90 days prior to the start of the leave. The request must be in the form of a letter of application to the Superintendent/CSA. A custodian on child-rearing leave shall notify the Superintendent/CSA of his/her intent to return to active employment or resign no later than April 1st of the school year preceding the term in which his/her leave would expire.
Any custodian adopting a child may receive a leave of absence without pay under the conditions set forth in Part A of this Article. Such leave shall commence upon receiving de facto custody of said child, or earlier, if necessary to fulfill the requirements of adoption, but in no case with less than thirty (30) days written notice to the Superintendent/CSA.
Other leaves of absence, without pay, may be granted by the Board if it deems it in the best interest of the school district.
All benefits to which a custodian was entitled to at the time of his/her leave, including accumulated sick leave, shall be restored to him/her upon his/her return. He/she shall be placed on the salary at the same level he/she would have attained on the date the leave commenced.
Leaves of absence defined in this Article and any extensions thereof shall be applied for in writing. If approved, the leave and/or extension shall be granted in writing.
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ARTICLE XI
EMPLOYMENT PROCEDURES
It is hereby agreed by the parties hereto that this employment may at any time be terminated by either party giving to the other 15 days notice in writing of intention to terminate the same.
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ARTICLE XII
SENIORITY AND JOB SECURITY
In the Andover Regional School District seniority is defined as service by appointed employees in the Andover Regional District in the collective bargaining unit covered by this Agreement. An appointed employee shall lose accumulated school district seniority only if he/she:
resigns or is discharged for cause, not withstanding whether he/she is subsequently rehired by the school district.
In the event of reduction in force, the custodians shall be laid off in inverse order of seniority.
Notification of vacancies.
Each member of the A.R.E.A. Custodial staff shall be evaluated by his/her immediate supervisor(s) at least once in each school year, to be followed in each instance by a written evaluation report and by a conference between the employee and his/her immediate supervisor for the purpose of identifying deficiencies and extending assistance for their correction.
All monitoring or observation of the work performance of an employee shall be conducted openly and with full knowledge of the employee.
Each member of the A.R.E.A. Custodial staff shall be given a copy of any visit or evaluation report prepared by his/her evaluators at least one (1) day prior to any conference to discuss it. No such report shall be submitted to the central office, placed in the employee’s file or otherwise acted upon without prior conference with the employee. Each employee shall be required to sign the evaluation to verify that he/she has seen it and had an opportunity for a conference.
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ARTICLE XV
PROMOTIONS
Promotional positions are defined as positions paying a salary differential and/or positions on the supervisory levels of responsibility.
When school is in session, a notice shall be posted as far in advance as practicable. Applications shall be kept on file in the office of the Superintendent/CSA for continual consideration for future vacancies for a period of two (2) years or until the office is notified in writing by an applicant that the application is withdrawn.
Employees who desire to apply for a promotional position which may be filled during the summer period when school is not in session shall submit their names to the Superintendent/CSA together with the position(s) for which they desire to apply, and an address where they can be reached during the summer.
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ARTICLE XVI
FAIR DISMISSAL PROCEDURE
On or before June 1st of each year, the Board shall give to each member of the custodial staff, continuously employed since the preceding September 30th either:
In addition to the base salary, all custodians will be eligible for Board provided medical insurance coverage. Currently employed custodians will be entitled to full coverage for custodians and their family members or dependents. It will be the responsibility of the custodian to determine the type of coverage necessary for their protection and to notify the Board of any desired change in coverage from the previous year by March 15. Changes will be accepted after that date only if there is a change in the custodian’s marital or family status. If allowable by the insurance carrier, newly hired custodians will be entitled to single coverage for three (3) years, at which time they will be eligible to receive full family coverage. During the interim period, they will be able to purchase additional coverage if desired at the group rate. Once custodians have received family coverage, they will continue to be entitled to such.
The Board will provide a dental health program for all custodians and their family or dependents with a benefit level of $1200 for the duration of this contract. Custodians opting to not receive this benefit will have $400 per year added to their contract.
The Board shall provide a prepaid prescription plan for all custodians and their family or dependents. Co-pay amounts will be at the level established by the State Health Benefits Plan.
The Board may change insurance carriers provided the A.R.E.A. is given the opportunity to examine the proposed policy and the replacement is equal to, or better than, the existing level of benefits employees currently enjoy.
Custodians who retire from the school district will be permitted to purchase the insurance benefits provided in Section A above to the extent allowed by the carrier. The custodian shall pay the premium cost prior to the premium due date.
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ARTICLE XVIII
SALARIES
Each school year custodians may individually elect to have a dollar amount not less than $25.00 withheld from their monthly pay and forwarded by the Board Secretary to a bank of the custodian’s choice provided the bank offers direct deposit services or Tri-Co Federal Credit Union for deposit in their personal savings account. Responsibility for opening the account and forwarding the forms directly rests with the custodian. Authorization for the Board Secretary to withhold money for the school year must be completed by the individual custodian on a form prescribed by the Board and said form must be submitted to the Business Administrator/Board Secretary by September 1, annually. Any transaction regarding withdrawals from their accounts shall be the responsibility of the custodian and the saving institution.
Direct deposit of the custodian’s pay into the custodian’s account will be made available through the Board’s designated financial institution.
A schedule of wages shall be adopted annually by the Board of Education.
To earn one year’s credit on the salary guide, more than half a contractual year must be served in the position.
All custodians currently employed in the district shall receive salary increases 7% for the first year and 4.5% for each of the second and third years of this contract.
A stipend of $1,000.00 will be granted and paid each year to custodians holding a valid Black Seal License.. To be eligible for the initial stipend, a custodian must hold his/her Black Seal Boiler License by January 1st of the current school year otherwise payment will begin as of July 1 with the new employment contract.
Direct deposit will be made available to employees at the Bank of New York or at any successor bank as determined by
Custodian longevity shall be $300.00 after ten (10) years of employment in the district, an additional $300.00 after fifteen (15) years of employment, an additional $350.00 after twenty (20) years in the district, and an additional $350.00 after twenty-five (25) years in the district. Longevity amounts are cumulative. Each longevity increment will be increased by $50 starting in the second year of this contract.
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ARTICLE XIX
MISCELLANEOUS PROVISIONS
The Board will provide payroll deduction for tax-sheltered annuities.
The Board and A.R.E.A. agree that there shall be no discrimination, and that all practices, procedures and policies of the school system shall clearly exemplify that there is no discrimination in the hiring, training, assignment, promotion, transfer or discipline of employees or in the application or administration of this agreement on the basis of race, creed, color, religion, national origin, sex, domicile or marital status.
This agreement constitutes Board policy for the term of said agreement and the Board shall carry out the commitments contained herein and give them full force and effect as Board policy.
Staff Development
Attendance at conferences, workshops, seminars or other staff development activities may be allowed with pay and expenses upon prior approval by the Superintendent/CSA.
Custodians are required to obtain a Black Seal Boiler License within one year of initial date of employment. Custodians seeking to attain a Black Seal Boiler License shall be reimbursed for all directly related costs. (Registration and materials)
Uniform Allowance
Board paid and purchased uniforms with the exception of shoes will be provided to all custodial staff. New uniforms will be issued on or about July 1st which will consist of four (4) new shirts and three (3) pants (exception to this rule is when a new custodian is hired, his/her uniforms would be issued after the 90 days probation period is successfully completed). A winter outer garment and a rain suit will also be provided for each custodian. All rain gear and cold weather gear is to be worn solely on school district property and should be house in the individual custodian’s locker during off-school hours. Rain and cold weather gear are to be maintained at all times on school district property and is not permitted to be used for personal and/or off-school purposes. Replacement of rain and winter gear will be at the discretion of the CSA.
The Board agrees to provide an annual allowance for work shoes of up to $100.00.
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ARTICLE XX
DURATION OF AGREEMENT
This Agreement shall be effective as of July 1, 2004 and shall continue in effect until June 30, 2007.
In witness thereof the Association has caused this Agreement to be signed by its president and secretary and the Board has caused this Agreement to be signed by its president and secretary, attested all on the day and year first written above.
ANDOVER REGIONAL EDUCATION ASSOCIATION
By
President
By
Secretary
Date
ANDOVER REGIONAL BOARD OF EDUCATION
By
President
By
Secretary
Date
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