AGREEMENT
BETWEEN THE
DEPTFORD TOWNSHIP BOARD OF EDUCATION
AND
THE DEPTFORD EDUCATION ASSOCIATION (BUS DRIVERS)
JULY 1, 2004 - JUNE 30, 2007
TABLE OF CONTENTS
ARTICLE TITLE PAGE
I RECOGNITION 3
II NEGOTIATION PROCEDURE 4
III GRIEVANCE PROCEDURE 5
IV RIGHTS 10
V PRIVILEGES 11
VI SALARY AND MEDICAL INSURANCE 13
VII SENIORITY 16
VIII WORK CALENDAR - LENGTH OF DAY, WEEK, YEAR 17
IX ASSIGNMENTS, TRANSFERS AND REASSIGNMENTS 21
X EMPLOYEE EVALUATION 23
XI SICK LEAVE 24
XII PERSONAL LEAVE 26
XIII MATERNITY LEAVE 28
XIV WORK RELATED EDUCATIONAL PROGRAMS 29
XV MISCELLANEOUS PROVISIONS 30
XVI LIAISON 32
XVII PROTECTION OF EMPLOYEES 33
XVIII PERSONAL FREEDOM 34
XIX DEDUCTION FROM SALARY 35
XX NON-RENEWAL OF EMPLOYEES 37
XXI AGREEMENT 38
EXHIBIT A - FIELD TRIPS 39
EXHIBIT B - EXTRA WORK 42
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ARTICLE 1
RECOGNITION
A. The Deptford Township Board of Education, Deptford Township, Gloucester County, hereafter known as “the Board", hereby recognizes the Deptford Education Association, hereafter known as “the Association", as the exclusive representative for collective negotiation concerning the terms and conditions of employment for personnel under contract and employed by the Board of Education and so assigned as bus drivers exclusive of bus maintenance and bus transportation personnel.
B. The Association hereby recognizes the Board as the legal authority elected as representatives of the people and further recognizes the responsibilities of the Board and the Superintendent for the conduct and operation of the school district in compliance with New Jersey Statutes Title 18A.
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ARTICLE II
NEGOTIATION PROCEDURE
A. Consistent with Chapter 123 of the Public Laws of 1974, the Board shall not affect any change in policy concerning terms and conditions of employment except those so negotiated and included as part of this Agreement and contained herein.
B. The Board agrees to furnish the Association upon reasonable request, such information as will assist the Association in developing intelligent, feasible and constructive proposals in behalf of the employees, students and school system. This information may include a complete and accurate financial report and tentative budget for the next school year.
C. The Association agrees to furnish the Board and Superintendent upon reasonable request, research information and data, gathered by the Association that will assist the Board and the Superintendent in the development of sound educational programs.
D. During the term of this Agreement neither party shall be required to negotiate with respect to any matter whether or not covered by this Agreement and whether or not within the knowledge or contemplation of either or both of the parties at the time they negotiated or executed this Agreement.
E. 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.
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ARTICLE III
GRIEVANCE PROCEDURE
A. Definitions
1. A grievance is defined as an alleged violation, misinterpretation, or misapplication of this Agreement.
2. The aggrieved is defined as the employee making the complaint.
3. Days mean school attendance days.
B. Time Limits
A grievance shall be processed within the specified time limits. Time limits may be extended by mutual agreement. Any grievance not advanced from one step to the next within the time limits of that step shall be considered dropped.
C. Record Keeping
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.
D. Representation
The aggrieved may be represented at all stages of the grievance procedure by himself or at his option by a representative. When the aggrieved is not represented by the Association, the Association shall have the right to be present as observer. All meetings and hearings under this procedure shall not be conducted in public and shall include only such parties in interest and their representatives and counsel.
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E. Procedure
Level I - Step A - Informal
Within ten (10) school days of the time a grievance occurs, the aggrieved shall first discuss this grievance with his/her immediate supervisor directly with the objective of resolving the matter informally.
Level I - Step B
If the aggrieved person is not satisfied with the disposition of his/her grievance after informal discussion or if no decision has been rendered within five (5) school days after presentation of the grievance, he/she may file the grievance with his/her immediate supervisor within ten (10) school days of receipt of the supervisor's answer. The grievance shall be stated in writing and signed by the aggrieved.
The "Statement of Grievance" shall name the individual employee or employees involved, shall state the facts giving rise to the grievance, shall identify the alleged infraction of this Agreement, shall state the contention of the employee with respect to the alleged infraction of this Agreement shall state the contention of the employee with respect to the alleged infraction and shall indicate the specific relief sought.
Level II
If the aggrieved is not satisfied with the disposition of his/her grievance at Level I or if no decision has been rendered within five (5) school days after presentation of the grievance, he/she may within ten (10) school days of the supervisor's answer file a grievance in writing with the Superintendent
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of Schools. At the same time a copy of the grievance shall be given to the supervisor involved. The Superintendent or his designee shall give the aggrieved an answer in writing no later than ten (10) school days after receipt of written grievance. The decision may be announced to the parties concerned.
Level III
If the aggrieved is not satisfied with the disposition of his/her grievance at Level II, or if no decision has been rendered within ten (10) school days after presentation of the grievance to the Superintendent, the aggrieved person may within ten (10) school days file the grievance in writing with the Board of Education. The aggrieved person shall be granted a hearing with the Board of Education within ten (10) days of the receipt of the written grievance. The Board shall give the aggrieved an answer in writing within five (5) school days of the date of the hearing.
Level IV
In the event that the grievance shall not have been disposed of at Level III, the aggrieved may within thirty (30) school days after the Board's decision refer the unsettled grievance to advisory arbitration (non-binding).
F. Advisory Arbitration (non-binding)
1. The Advisory Arbitrator (non-binding) shall be selected within thirty (30) days following the request of either party to the other, under the rules and procedures of the New Jersey Public Employment Relations Commission.
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2. The Advisory Arbitrator (non-binding) shall be limited solely to making recommendations in cases of alleged violations of the specific article and sections of this Agreement.
3. The Advisory Arbitrator (non-binding) shall have the authority to confer separately or jointly with the Board, Superintendent, and the Association or to use any other source of information.
4. The Advisory Arbitrator (non-binding) shall make recommendations for resolution within thirty (30) days. The recommendations shall be submitted to both parties, the Board and the Association. The Board shall render its decision prior to the Advisory Arbitrator's (non-binding) recommendations being made public by either party.
5. The Advisory Arbitrator's (non-binding) recommendations after twenty (20) days may be made public by either party, the Board or the Association.
G. Costs
The cost and expenses incurred in securing and utilizing the services of the Advisory Arbitrator (non-binding) shall be the shared responsibility of the parties engaging his/her services.
H. No reprisals shall be taken against any participants by reason of participation.
I. The following matters shall not be arbitrable:
1. The failure or refusal of the Board to renew a contract of a non-tenure employee.
2. Matters where a method of review is prescribed by law or by any
rule, regulation of the State Commissioner of Education or the State Board of Education.8
3. Matters where the Board is without authority to act.
4. Matters involving the statutory or discretionary powers of the Board.
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ARTICLE IV
RIGHTS
A. Nothing contained herein shall be construed to deny or restrict to any employee such rights as he/she may have under New Jersey School Law.
B. The Superintendent shall have the authority to impose suspensions without pay for a period not exceeding ten (10) work days. The Board of Education shall have the authority to impose suspensions without pay beyond the ten (10) work day period and, in appropriate cases, to terminate employees. This authority is in addition to its authority to non-renew the employment of an employee pursuant to Article III, Paragraph I, Section 1, and Article XXI.
C. Nothing contained herein shall be construed to deny the Board or Superintendent their rights at any time to call a meeting of the supporting staff to present its position in any matter that in its judgment may affect the educational program.
D. The Board reserves to itself sole jurisdiction and authority over matters of policy and retains the right, subject only to the limitations imposed by the language of this Agreement, in accordance with applicable laws and regulations (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 for 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 and (f) to take whatever actions may be necessary to carry out the mission of the school district in situations of emergency.10
ARTICLE V
PRIVILEGES
A. The Association or its named representative shall be privileged to transact official union business on property at reasonable times, provided that this shall not interfere with or interrupt any individual assignment or the normal operation of the school.
B. The Association or its named representatives shall be privileged to process school building use applications for unit activities.
C. Representatives of the Association and/or N.J.E.A. must, on coming upon the Board's premises, notify the Superintendent and advise of the purpose of the visit. No visitation shall interfere with or interrupt normal school operations.
D. In the event that the Association wishes to use school buildings, requests therefore shall be submitted to the Superintendent forty-eight (48) hours in advance. The request shall not be for meetings which are for the purpose of discussing or planning action which would be adverse to the interests of the Board.
1. No such permission is required for use by the Association of the lounge in the bus compound.
E. The Association may request the use of school equipment including computers, typewriters, calculating machines, other duplicating equipment, and all types of audio-visual equipment at reasonable times, when such equipment is not otherwise in use. The Association shall pay for the reasonable cost of all
materials and supplies incident to such use as well as the cost of any repairs made necessary from such use. Such use may not be for the purpose of preparing
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materials adverse to the interests of the Board.
F. The Association shall have the right to use the inter-school mail facilities and school mail boxes.
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ARTICLE VI
SALARY AND MEDICAL INSURANCE
A. SALARIES
TIER 04/05 05/06 06/07
I (1-6 yrs) $14.35 $14.95 $15.53
II (7-9 yrs) $16.60 $17.20 $17.77
III (10 yrs & up) $19.92 $20.52 $21.09
Tier placement for Bus Drivers is determined by the number of years credited at the beginning of the contract year.
B. BUS WASHING
The hourly rate for bus washing shall be $10.00 per hour for the
2004-05, 2005-06, 2006-07 contract years.
C. SPECIAL EDUCATION RUNS
The special education stipend shall apply to runs to schools for the handicapped. This annual stipend applies exclusively to routes when only classified students are being transported.
1 WAY $ 100
D. All permanent employees who are driving summer runs shall receive their regular hourly rate retroactive to July 1 of the current year.
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E. MEDICAL INSURANCE
1. The Board of Education shall adopt a health insurance plan
providing the following:
a. Blue Select; Horizon Direct Access or other Board
of Education approved comparable plan;
b. Blue Cross prescription plan shall be ten (10) dollars
co-pay for generic drugs; twenty (20) dollars co-pay for
preferred brand; and thirty (30) dollars co-pay for
non-preferred brand drugs.
c. Dental plan for employees only - Effective July 1,
1997, the Board of Education shall contribute a sum not in
excess of $175.00 per employee per year. Enrollment shall
be optional.
2. Employees hired on or before June 30, 1994, shall be eligible for a
Board of Education contribution for applicable coverage, including family coverage, in an amount equal to 96.8% of the cost of the Blue Select, etc., or comparable plan as described in paragraph E.1. above. The employee shall pay the difference by payroll deduction.
3. Employees hired on or after July 1, 1994, shall be eligible for a
Board of Education contribution for individual coverage in the Horizon
Direct Access Plan or comparable plan as described in paragraph E.1. Coverage beyond individual coverage shall be paid by the employee.
F. An employee on an unpaid leave of absence in excess of thirty (30)
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calendar days may continue to have coverage through the Board's medical insurance plan at the employee's own expense. In the event that the thirty (30) day period ends after the monthly premium payment date, the Board and the employee shall pay the monthly premium on a pro rata basis. Thereafter, the employee shall pay the monthly cost until the month he/she returns to work, at which time the Board and the employee shall pay the months cost on a pro rata basis.
NOTE: The Board shall continue to pay for the medical coverage
during the summer break in cases where the unpaid leave of absence
has not commenced prior to the end of the school year.
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ARTICLE VII
SENIORITY
A. A seniority list shall be posted prior to the establishing of the bus run assignments.
B. Seniority shall prevail in the selection of regular assignments.
C. School district seniority is defined as service by appointed employees in the school district in the collective bargaining unit covered by this Agreement.
D. The principles set forth in N.J.S.A. 18A:28-9 through 11 shall govern reduction in force.
E. In the event of reduction in force, the employees shall retain recall rights for a period not exceeding two (2) years from the date of the last employment with the School district.
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ARTICLE VIII
WORK CALENDAR - LENGTH OF DAY, WORK YEAR
A. The work calendar shall be set forth by the Board of Education.
B. The work day shall be the prescribed hours.
C. Excess of forty (40) hours per week exclusive of lunchtime shall be
compensated at the rate of one and one-half (1-1/2) times the regular rate. However, no driver shall be eligible to choose an additional basic run if the total weekly hours of existing basic runs plus the additional basic run exceeds forty (40) hours.
D. Work week - The work week shall consist of five (5) working days, Monday through Friday inclusive, when so assigned.
E. WORK YEAR
1. The work year shall coincide with the student calendar.
2. The basic work year is 181 days. 191 day drivers are grand-fathered and will continue to receive the extra 10 days pay.
3. The pay for the work year will be calculated based upon the number of hours in the employee's basic work year (the "to" and "from" regular routes). (For example: if a driver's work year is 180 days at 4 hours per day, the number of hours in the basic year is 720 hours. No extra pay will be paid for the basic work year unless and until a driver exceeds 720 hours, even though it may take more than 180 days to work the 720 hours.)
F. No regularly assigned bus driver shall work less than four (4) hours per day. The Board reserves the right to require employees to perform work related to transportation during non-driving periods of time.
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G. A regular bus driver who is called in for duty other than his/her regular assignment will work no less than two (2) hours for this duty.
1. If a driver is called in to work on a day when he/she is not scheduled, he or she will be guaranteed no less than two (2) hours pay for the full day or whatever number of hours the regular run is assigned.
2. On a normal work day when a driver is called in to do an additional run, he or she will be paid no less than one (1) hour for the complete run or whatever number of hours the regular run is assigned. The driver being replaced shall not be paid for such time unless the time is charged to sick leave or personal leave as appropriate.
3. During a midday "call-in" when a driver is called, not "signed-up" to do an additional run, he/she will be paid a minimum of two hours; however, if the run is longer than two hours, the driver will be paid accordingly.
This provision does not apply if the time should overlap with the time the driver is already paid.
No driver shall be paid double for services rendered during the
work day.
4. On any day when a portion of a driver's regularly-assigned runs are not scheduled because a school is not in session, any driver who drives the runs which remain shall be paid for the actual time involved or not less than two (2) hours for the full day, whichever is greater.
H. For current employees, the work year and pay shall remain at 190 days plus one (1) four (4) hour voluntary session to be used for a Bus Driver Safety Seminar. Only those who attend the Seminar shall be paid.
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For employees hired on or after July 1, 1997, the work year and pay shall be 181 days plus one (1) four (4) hour voluntary session to be used for Bus Driver Safety Seminar. Only those who attend the Seminar shall be paid.
I. An employee who is resigning from his or her position shall give a minimum of two (2) weeks notice.
J. Drivers must be employed under contract on or before February 1 of the school year in order to receive credit for a year of driving experience for the following year.
K. Field trips included in the contract shall be administered in accordance with Exhibit A attached.
L. Extra Work included in this contract shall be administered in accordance with Exhibit B attached.
M. Teachers may drive school buses only in an emergency situation. Teachers who drive must have a valid bus driver's license.
N. Employees who are not scheduled to drive their assigned runs because the schools which they serve are not in session shall be entitled to drive the run of a scheduled driver who is absent from work on that day. The selection to cover the run shall be based upon seniority and the employee selected shall be paid his or her appropriate rate.
O. Vacancies which open during the school year shall be posted within five (5) days thereof and employees applying shall be considered in accordance with qualifications and seniority (if all things are equal, seniority shall prevail), subject to the Board's transfer rights.
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P. No employee shall be eligible to be assigned to an extracurricular run if he or she has been absent from work on any of the five (5) regularly scheduled work days immediately prior to the date of the run. Absences due to verified Bereavement Leave and/or verified Jury Duty shall not be considered as "absences" for the purpose of this paragraph. An employee who is absent for his/her regularly assigned "to and from" runs on the day of an extra-curricular run shall be ineligible for assignment to that extra-curricular run.
Q. No extra compensation will be paid for early dismissals of students at any school where transportation is provided by the Board.
R. The Board of Education shall review and share with the Association, Division of Pensions Regulations to determine whether junior and senior high school late run compensation is pensionable income. If so, it shall be treated in accordance with the Regulations.
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ARTICLE IX
ASSIGNMENTS, TRANSFERS AND REASSIGNMENTS
A. Transfer of personnel shall take place at the request of the employee or by the chief administrator when it is in the best interest of the children and the school system.
B. Employee Initiated Transfer - The employee shall submit his/her request for transfer to the Superintendent of Schools in writing by February 28th. This request shall include the placement desired and the reasons for the request.
The Superintendent of Schools shall notify the principals and supervisors concerned with the transfer and they in turn shall interview the employee initiating the request.
After consulting with principals and supervisors concerned, the Superintendent shall notify the employee concerning the decision made.
C. Administration Initiated Transfer - After consultation with the principals and supervisors concerned, the Superintendent shall notify the employee whose transfer is pending. The employee shall be provided the opportunity of discussing the pending transfer and any objections shall be duly considered.
After the completion of the consultation, the Superintendent shall notify the employee as to the decision of the transfer.
D. Fair Employment Procedures
1. Employees shall not be reduced in compensation without just cause.
2. Non-renewal of non-tenured employees shall not be subject to the grievance procedure and the Board retains all rights in regard thereto.
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Such an employee may request reasons in writing for the non-renewal within fifteen (15) days after receiving notice thereof. The reasons shall be supplied within fifteen (15) days after request. Within fifteen (15) days after receipt of the reasons, the employee may request an informal hearing before the Board concerning said reasons. Said hearing to be held within thirty (30) days after receipt of the request therefore.
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ARTICLE X
EMPLOYEE EVALUATION
A. Principals and supervisors shall keep employees informed as to whether or not the kind of service they are rendering is satisfactory in terms of the standards of the school district. Written evaluation reports are to be sent to the employees by the supervisors with copies forwarded to the Superintendent.
B. Evaluation reports should include strengths, weaknesses, and specific suggestions for improvement.
C. Written evaluation shall be given to the employees for his/her signature and comments prior to submission of the reports to the Superintendent.
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ARTICLE XI
SICK LEAVE
A. Definition of Sick Leave - Sick leave is hereby defined to mean the absence from duty of any person because of physical disability, illness or injury, or quarantine or exclusion from work by medical authorities.
B. Sick Leave Allowable - All persons who are steadily employed full time by the Board of Education shall be allowed sick leave with full pay as follows:10 month term - 10 days
11 month term - 11 days
12 month term - 12 days C. Accumulated Sick Leave - Allowable sick leave not utilized in any year shall be cumulative to be used for additional sick leave in subsequent years.
D. In Case of Sick Leave Claim - The Superintendent of Schools may require a
physician's certificate to be filed with his office in order to obtain sick leave.
E. Workers' Compensation - Workers' Compensation awards shall be deducted from the regular salary of the employee for the day's absence covered under the Workers' Compensation Act. The time lost from employment under the Workers' Compensation Act shall not be deducted from the days permitted for regular sick leave allowance.
F. Special Pay Plan for Retirement -
The Deptford Township Board of Education hereby extends a “Special Pay Plan”
(403(b) Plan) for retirement to members of the Deptford Education Association
(DEA) subject to the following terms and conditions:
1. Plan Requirements: At retirement, as per Article XV, Section F and
Section G of the DEA Contract and Article XI, Section F of the Bus Drivers’
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Contract, all eligible members (teachers, clerical employees, and bus
drivers)of the DEA will deposit unused accumulated sick days (as per the
approved rate) into an employee account in an Internal Revenue Service
IRS) approved 403(b) plan. The employee will then determine how the money
is to be distributed.
It is a requirement of the plan that all eligible members of the DEA
participate in the plan.
2. Plan Administrator: The plan will be processed through a third party administrator via a “Special Pay Plan” (403(b) plan) approved by the IRS.
3. Vacation Day Payout: Upon retirement, clerical employees of the DEA will
deposit all unused vacation days into the Special Pay Plan (403(b) plan).
4. Accumulated Unused Sick Days: Members of the DEA who have fifteen(15)
or more years in the district will deposit accumulated unused sick days into the Special Pay Plan (403 (b) plan) at the following rates:
Teachers Clerical Employees Bus Drivers
2005-2006 $70 per day $60 per day $30 per day
2006-2007 $70 per day $60 per day $30 per day
G. Failure of an employee to notify the Board of his/her retirement by October 1st aforesaid will delay payment to him/her until the month of July following the July in which he/she otherwise would have received payment.
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ARTICLE XII
PERSONAL LEAVE
A. The Board of Education shall grant, upon recommendation of the Superintendent
of Schools, leave per school year (not to be accumulated) to any regularly-employed person for the following emergencies or conditions:
1. a. Death in Immediate Family - up to five (5) days (immediate
family - mother, father, mother-in-law, father-in-law, children, husband, wife, brother, sister or any relative who has lived within the same house-hold for a period of over two (2) years). Additional emergencies will be judged by the Superintendent by request if the total of five (5) days of bereavement has been used.
b. Two (2) days for bereavement leave will be granted for grand-
parents for all employees covered under this Agreement.
2. Personal Business - up to three (3) days (personal business – personal business that cannot be conducted outside the normal work day.)
a. Employees shall not be granted personal leave days on a day immediately before or after a holiday, vacation period or during the first or last week of the school year.
b. Unused personal leave may be accumulated as sick leave.
3. The Superintendent of Schools may grant additional personal leave without pay.
4. Paternity Leave - one (1) day - birth of a child.
5. Visitation Leave - one (1) day per year may be granted by the Superintendent of Schools to any personnel, for school visitation and observation in other school systems. In each case a written report shall be submitted to the principal who will forward it to the Superintendent.
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Arrangements for such visitation shall be made by the building principal, with the approval of the Superintendent.
6. Any work-related court appearance shall be paid by the Board. Written verification and documentation must be presented by the driver and approved by the Supervisor in order to receive payment.
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ARTICLE XIII
MATERNITY LEAVE
Maternity leave shall be as prescribed by law.
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ARTICLE XIV
WORK-RELATED EDUCATIONAL PROGRAMS
A. The Board agrees to pay one hundred and fifty ($150.00) dollars maximum per year toward tuition and other expenses incurred in connection with course work taken in a recognized program with prior approval of the Superintendent of Schools.
B. Verification of expenses and tuition shall be submitted with a voucher for payment.
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ARTICLE XV
MISCELLANEOUS PROVISIONS
A. The Board will be informed only through the Superintendent in any matter requiring its decision. Any employee or employee group should communicate through the proper channels of authority. When the matter requires Board action it shall be directed through proper channels to the Board of Education.
B. It is agreed by both parties that the negotiations will be conducted without use of pressure tactics. The parties also agree, during the period of negotiations that the only publicity accorded the negotiations by the parties will consist of a joint press release or, in the event the parties are unable to agree upon wording, a joint press release stating that "no progress has been made."
C. If any provisions of this Agreement or any application of this Agreement to any employee or group of employees is held to be contrary to law, then such provisions or application shall not be deemed valid and subsisting, except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect.
D. Any individual contract between the Board and an individual employee, heretofore executed shall be subject to and consistent with the terms and conditions of this Agreement. If an individual contract contains any language inconsistent with this Agreement, this Agreement, during its duration, shall be controlling.
E. It is understood by all parties that under the ruling of the courts of New
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Jersey and the State Commissioner of Education, the Board of Education is forbidden to waive any rights, responsibilities, obligations or powers granted by law.
F. There shall be no discrimination in practices and procedures of the school system in hiring, training, assignments, promotions, transfer or discipline of employees on the basis of race, creed, color, religion, national origin, sex, domicile, marital status, or any Association activities.
G. Whenever any notice is required to be given by either party of this Agreement to the other pursuant to the provisions of this Agreement, either party shall do so in writing with signed receipt of delivery, at the following addresses:
1. If by the Association to the Board:
2022 Good Intent Road
Deptford, NJ 08096
2. If by the Board to the Association:
Deptford Education Association
c/o Association President to building assigned
H. During the term of this Agreement there shall be no strikes, sick-outs or other similar concerted activity.
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ARTICLE XVI
LIAISON
A. The Association representative may meet with the Superintendent at least once every calendar quarter during the school year to review and discuss current problems and practices of mutual interest and the administration of this Agreement. Neither the Superintendent nor the Board shall be required to engage in collective negotiations during these meetings.
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ARTICLE XVII
PROTECTION OF EMPLOYEES
A. Employees shall not be required to work under unsafe or hazardous conditions or to perform tasks which endanger their health, safety or well-being. However, the Board or the Board’s designee shall solely determine whether or not an unsafe or hazardous condition or task which endangers health exists.
B. An employee may use reasonable force as is necessary to protect himself/herself from attack, to protect another person or property, to quell a disturbance threatening physical injury to others, or to obtain possession of weapons or other dangerous objects upon the person or within the control of a pupil in the absence of a certified person.
C. If an employee is out of work due to an occupational accident or disease
for less than seven (7) days, the Board shall pay the employee's salary without charging the time to sick leave.
1. The Board reserves the right to delay payment pending
investigation and required medical examinations.
2. The employee shall fully cooperate in processing of the claim
through workers' compensation.
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ARTICLE XVIII
PERSONAL FREEDOM
A. The personal life of an employee is not an appropriate concern or attention of the Board except as it may directly prevent the employee from performing properly his assigned functions during the work day.
B. Employees shall be entitled to full rights of citizenship, and no religious or political activities of any employee or the lack thereof shall be grounds for any discipline or discrimination with respect to the employment of such employee providing said activities do not violate any local, state or federal law.
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ARTICLE XIX
DEDUCTION FROM SALARY
A. Association Payroll Dues Deduction
1. The Board agrees to deduct from the salaries of its employees dues for the Deptford Education Association, the New Jersey Education or the National Education Association or anyone or any combination of such Associations as said employees individually and voluntarily authorize the Board to deduct. Such deductions shall be made in compliance with Chapter 233 N.J. Public Laws of 1969 (NJSA 52:14-15.9e) and under rules established by the State Department of Education. Said monies together with current records of any person as may from time to time be designated by the Deptford Education Association, shall be forwarded to the Association by the 15th of each month following the monthly pay period in which deductions were made. The person designated shall disburse such monies to the appropriate Association or Associations.
2. Each of the Associations named above shall certify to the Board, in writing, the current rate of its membership dues. Any Association which shall change the rate of its membership dues shall give the Board written notice prior to the effective date of such change.
B. Local, State and National Services
The Board agrees to deduct from employees salaries money for local, state and/or national Association services and programs as said employees individually and voluntarily authorize the Board to deduct and to transmit the monies
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promptly to such Association or Associations. Any employee may have such deductions discontinued at any time upon sixty (60) days' written notice to the Board and the appropriate Association.
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ARTICLE XX
NON-RENEWAL OF EMPLOYEES
Nothing herein shall be construed to confer contract tenure upon any employee. To the contrary, the Board reserves the right to the fullest extent of the law to non-renew an employee at the end of each school year based upon its sound determination. More specifically, and not by way of limitation, such non-renewals are not subject to binding arbitration either by contract or by statutory provisions.
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ARTICLE XXI
AGREEMENT
It is agreed between the Board of Education of Deptford Township in the County of Gloucester, party of the first part, and the Deptford Township Education Association, party of the second part, that the content of this Agreement shall be effective from July 1, 2004 to June 30, 2007.
IN WITNESS WHEREOF the parties have hereunto set their hands and seals
this __________________day of___________________________, 2004.
DEPTFORD TOWNSHIP BOARD OF EDUCATION
__________________________________ _________________________
Helen N. Fowler, President Date
__________________________________ _________________________
Kenneth L. Kling, Board Secretary Date
DEPTFORD TOWNSHIP EDUCATION ASSOCIATION
_________________________________ __________________________
President Date
_________________________________ __________________________
Attest Date
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EXHIBIT A
FIELD TRIPS
A. Trips will be assigned by seniority and by the number of trips a driver has previously completed.
B. Any regular driver can sign for a field trip. The weeks when there is a school closing, all regular drivers can sign for trips at straight time.
C. Drivers must sign a trip card to indicate they want the posted trip. Any driver not signing a posted trip card indicates he/she does not want said trip.
D. Field trips scheduled for Saturdays, Sundays, holidays and weekdays, when a regular contract driver's regularly scheduled assigned runs are not scheduled because school is not in session shall be exclusively assigned to a regular contract driver unless there are not contract drivers available for said trip. In the event no regular contract driver is available and/or eligible for assignment, as determined by the Transportation Supervisor, the supervisor may then assign said trip to a substitute bus driver or other non-contract driver.
E. In the absence of an emergency, when a bus driver is required for assignment for a non-scheduled field trip, non-posted field trip or other late notice situation, the supervisor shall first make a reasonably thorough effort to contact and make available said trip to the most senior regular contract driver available and eligible, according to the rules of seniority and number of
trips completed, before assigning said trip to a less senior or substitute driver.
F. If a driver has been assigned a trip and is unable to report for said trip the next eligible driver according to seniority and trips completed who signed a card for said trip shall be assigned the trip. If no other eligible drivers' names appear on said trip card, the supervisor shall pick and assign a driver.
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G. When a driver who is scheduled to work a weekend trip is unable to do so, he/she must contact the next driver on the "trip card" who has the least number of trips in order to offer the trip to him/her. If that driver refuses the offer, then the scheduled driver must continue to contact the other drivers on the "trip card" in order of the next fewest number of trips. If no one accepts the offer, then the scheduled driver shall contact drivers from the seniority list, going from the greatest seniority to the least seniority. If no one accepts the offer, then the scheduled driver must contact and arrange for coverage by a substitute driver.
When a driver off of the "trip card" accepts the offer, she/he will be charged with a trip. There will be no charge for a refusal. A driver on the seniority list will not be charged in any event.
H. Field trips, athletic trips and band trips shall be posted five (5) days in advance of activity date, subject to change in time and destination. Emergency trips shall be posted in advance on day of approval by the Superintendent's Office.
I. In the event a trip is cancelled and the same trip is run within two (2) working days, the same assigned driver for said trip will also be assigned trip. If cancellation is more than two (2) working days, trip will be posted again.
J. A graph type chart with all regular drivers' names listed in order of seniority and showing all current charges for field trips completed shall be posted in an appropriate location visible to all drivers. The Transportation Supervisor will have the primary responsibility for maintaining and accurately 40
updating said chart as necessary. However, each driver has the responsibility to bring any discrepancies to the supervisor's attention. Failure to do so in a
timely manner will make the driver ineligible for pay consideration.
K. All posted trips are to be assigned at least forty-eight (48) hours in advance.
L. Subject to the provisions of Paragraph J, any driver who was denied a trip when it was her/his rightful turn will be paid for such trip. Less than two (2) hours is not classified as a trip for any purpose.
M. Any driver who reports for an assigned trip that has been cancelled without notification shall be guaranteed two (2) hours pay.
N. Substitute drivers may sign posted field/athletic trip sheets. However, they are not eligible for and cannot be assigned trips unless the aforementioned conditions of Paragraph D of this exhibit are in existence.
O. In the event that a lesser number of buses than was required and shown on posted trip card are assigned for said trip the next eligible driver, who signed for said trip shall be paid an equal number of hours as was required to complete said trip.
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EXHIBIT B
EXTRA WORK
A. Extra work, when available shall be assigned to regular contract drivers who have signed the posted extra work sheet at least one (1) day prior to day of availability. Regular drivers reporting to work on any given day and electing to sign extra work sheet for same day may do so. However, the supervisor may or may not assign those drivers extra work, depending on work available and/or supervisor's extra work needs for that day.
B. Extra work shall be assigned according to the rules of seniority and the number of previous extra work assignments completed.
C. In the event a regular driver who elected to sign the posted extra work sheet the day before is unable to report for duty on the day signed for because of sickness, said driver will not be penalized and charged for an extra work assignment.
D. In the event no regular contract driver has signed the posted extra work sheet and no regular drivers are immediately available, the Transportation Supervisor may then assign the extra work to a substitute driver who is then immediately available.
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