| Burlington BE and Burlington City Pub Sch Cust Maint Force 2003.DOC, 4/8/05 4:30 PM 1
WORKING AGREEMENT
between
CITY OF BURLINGTON BOARD OF EDUCATION
and the
CUSTODIAL/MAINTENANCE FORCE
July 1, 2003 - June 30, 2006
PRINCIPLES
A. This Agreement is negotiated in order to establish, for it’s term, the terms and conditions of employment of all members of the staff employed in the classifications set forth in Article I-A, attached hereto and made a part hereof.
B. The Board and the Association the parties to the Agreement, accept the provisions of this Agreement as commitments, which they will cooperatively, and in good faith, honor, support and seek to fulfill.
ARTICLE I
RECOGNITION
A. The Board of Education hereby recognizes the City of Burlington Public Schools Custodial/Maintenance Force (hereinafter called Association) as the exclusive and sole representative, for collective negotiations concerning the terms and conditions of employment for all full-time custodial personnel, employed by the Board, whether under contract or on Board approved leave, including Maintenance, Field Person,
Custodians.
B. Definition of Employee
Unless otherwise indicated, the term "employee", when used hereinafter in this Agreement, shall refer to all employees represented by the Association, in the negotiating unit as above defined.
ARTICLE II
NEGOTIATION OF SUCCESSOR
A. During negotiations, the Board and the Association shall present relevant data, exchange points of view and make proposals and counter-proposals.
B. Neither party, in any negotiations, shall have any control over the selection of the negotiating representative of the other party.
C. The Board agrees not to negotiate concerning said employees in the negotiating unit as defined in ARTICLE I of this Agreement, with any organization other than the Association, for the duration of this Agreement.
D. 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.
E. This Agreement incorporates the entire understanding of the parties on all matters that were, or could have been, the subject of negotiations.
F. Whenever members of the bargaining unit are mutually scheduled by the parties hereto to participate, during working hours, in conferences, meetings, or in negotiations respecting this collective bargaining agreement, they shall be given the opportunity to make up work time missed. This being accomplished to the satisfaction of the Board, will result in no loss of pay for said employee.ARTICLE III
GRIEVANCE PROCEDURE
A. A grievance shall be defined as a misinterpretation, application, or violation of this Agreement affecting the employees.
B. Nothing herein contained shall be construed as limiting the right of any employee, having a grievance, to discuss the matter informally with any appropriate member of the administration, and having the grievance adjusted, without the intervention of the Association, provided the adjustment is not inconsistent with terms of this Agreement, and that the Association has been given the opportunity to be present at such adjustment.
C. Procedure
1. Failure, at any step of this procedure, to communicate the decision on a grievance, within the specified time limits, shall permit the aggrieved employee to proceed to the next step. Failure, at any step of this procedure, to appeal a grievance to the next step, within the specified time limits, shall be deemed to be acceptance of the decision rendered at that step.
2. A grievance, to be instituted under the provision of Article III, must be in writing, and given to the superintendent within ten (10) work days after the event which occasioned the grievance.
3. Level One
An employee with a grievance shall first discuss it with his immediate supervisor (Facilities Manager). If the employee is not satisfied with the decision of his immediate superior, the aggrieved person may proceed to discuss the grievance with the principal of his building, either directly or through the Association's designated representative, with the objective of
resolving the matter informally.
4. Level Two
If the aggrieved person is not satisfied with the disposition of his grievance at Level One, or if no decision has been rendered within ten (10) working days after presentation of the grievance, he may file the grievance, in writing, with the Business Administrator.
5. Level Three
If the aggrieved person is not satisfied with the disposition of his grievance at Level Two, or if no decision has been rendered within ten (10) working days after presentation of the grievance at this step, he may file the grievance, within five (5) working days after the receipt of the disposition of the grievance by the Business Administrator.
6. Level Four
If the aggrieved person is not satisfied with the disposition of his grievance at Level Three, or if no decision has been rendered within ten (10) working days after presentation of the grievance, at this step, he may file the grievance, within five (5) working days after receipt of the disposition of the grievance by the business manager, with the superintendent for transmittal to the Board of Education.
7. Level Five
The Board, or a committee thereof, shall review the grievance and, at the option of the Board, may hold a hearing, with the employee, and render a decision, in writing, within thirty (30) working days after the receipt of the grievance by the superintendent for transmittal. In all cases, the decision of the Board is final.
8. Any part, in interest, may be represented at all stages of the grievance procedure, by himself, or at his option, by a representative of his own choice.
9. No reprisals of any kind shall be taken by either party, against any party, in interest, any building representative, or any other participant in the grievance procedure, by reason of such participation.
ARTICLE IV
EMPLOYEE RIGHTS AND PRIVILEGES
A. Nothing contained herein shall be construed to deny or restrict to any employee such rights as he may have under New Jersey School Laws or other applicable laws and regulations. The rights granted to employees hereunder shall be deemed to be in addition to those provided elsewhere.
B. No employee shall be disciplined, reprimanded, reduced in rank or reduced in compensation, without just cause.
ARTICLE V
DAILY WORK HOURS AND SCHEDULE
A. SEPTEMBER - JUNE
1. The workday shall consist of eight (8) hours excluding thirty (30) minutes uninterrupted lunch hour. The Board reserves the right to stagger the lunches. Starting time of each shift shall be designated by the Facilities Manager.
2. In addition to thirty (30) minutes, uninterrupted lunch hour, each employee covered under this contract, shall be entitled to one fifteen (15) minute coffee break per eight (8) hour shift. Time and place of break to be designated by the Facilities Manager.
3. Each workweek shall consist of five (5) days except for bonafide Board approved holidays.
B. SUMMER WORK HOURS
1. The summer work schedule will begin on the first day immediately following the formal closing of school for students, and cease one (1) day before the formal opening of school in September.
2. The summer workday for all employees, covered under this contract, shall consist of eight (8) hours, excluding uninterrupted lunch hour, and coffee break, as detailed in Paragraph 1 and 2 of Section A. Starting time of the summer workday shall be designated by the Board of Education.
3. Each workweek shall consist of five (5) days; except for bonafide Board approved holidays.
C. OVERTIME
1. All work performed, in excess of any workweek of forty (40) hours, or in excess of eight (8) hours in a given work day, shall be compensated at the rate of time and one-half.
2. Any work, performed on a bonafide school holiday, as spelled out in the calendar adopted by the Board of Education, shall be compensated at time and one-half, regardless of the number of hours worked in that week. The exception will be Christmas Day, Good Friday and New Year's Day, which would be double time. All hours worked over eight (8) on any holiday will be paid at double time.
3. In the event of a "call out" after regular working hours, the Board agrees to provide pay for a period of two (2) hours. The Association agrees and understands its obligation to work the required two-hour "call out" period.
ARTICLE VI
EMPLOYMENT PROCEDURES
Any employee employed prior to January 1st of any school year, shall be given credit for one (1) year of service toward the next increment step for the following year.
A. Resignation
1. An employee who is resigning from his position shall be required to give two (2) weeks (14 days) notice to the District Office.
2. Earned vacation shall be paid according to the proportion of full months worked to the total contract year, unless proper notice (14 days) has not been given.
3. If the full two (2) week notice is not given, earned vacation shall be paid only in the same proportion as the amount of notice actually given. For this purpose, ten (10) full working days shall be used in calculating the amount of notice given by the employee.
B. Notification of Contract and Salary
Employees shall be notified of their contract and salary status, for the ensuring year, no later than May 15th.
C. All custodial assignments, covered by this contract, will be determined by the Facilities Manager.
D. Termination or Layoff
The Board reserves the right to terminate employment for good cause. When the Board determines a layoff to be necessary, consideration will be given to seniority.
ARTICLE VII
SICK LEAVE
A. Accumulative
All full-time employees shall be entitled to twelve (12) sick leave days each calendar year. Unused sick leave shall be accumulated year to year.
B. Repeated lateness to work shall be grounds for dismissal.
C. The Board shall pay $36.50 per day for each unused accumulated sick day upon retirement from the City of Burlington Public School System; retirement shall be defined as retirement under the provisions of the New Jersey Pension Plan. To be eligible for such retirement "bonus" pay, said unit member must have a minimum bank of fifty (50) days.
D. In the event of the death of an employee, any compensation due, in accordance with the terms of this agreement, will be paid to the estate of the employee.
E. Any employee who completes a full year with personal attendance (no absences other than approved vacation days) will be awarded with a $250.00 perfect attendance stipend. (July 1 through June 30)
ARTICLE VIII
SALARIES
A. After the 1994-1995 school year, all raises will be granted on a merit basis, based on the annual evaluation conducted by the Board of Education, or its designated agents. Said evaluations shall commence upon the signing of this contract. For the 2003/2004 period, said raises shall be in the range of $0 and $1500 (Based on a scale of 0 to 4). For the 2004/2005 period, said raises shall be in the range of $0 and $1600 (Based on a scale of 0 to 4). For the 2005/2006 period, said raises shall be in the range of $0 and$2000 (Based on a scale of 0 to 4). No employee will receive a raise below $800. Additional merit adjustments of $300.00 per year will be made to the employees scoring at least 3.5 as determined in their annual evaluations. It is further agreed that the following starting salaries be established effective July 1, 2003:
Maintenance $27,900
Fieldperson $24,900
Custodian (1) $23,900
[Custodian (2)] [This title deleted]
B. When a member of the custodial unit is required by the Board of Education to assume the duties of the Facilities Manager, an extra-duty stipend in the amount of ($42.00) per day will be paid said employee.C. The position of Head Custodian is instituted effective July 1, 2000. These positions are considered annual and will be posted each year. Compensation is as follows: BCHS $4,800.00, WWIS $3,000.00, Boudinot, Smith and Lawrence are each $2,000.00. This amount is not considered part of the base salary, but rather as a stipend, to be paid 50% in December and 50% in June.
ARTICLE IX
BOARD'S RIGHTS CLAUSE
A. Except as otherwise specified in this Agreement, the Association recognizes that the Board has responsibility and authority to manage and direct, in behalf of the public, all of the operations and activities of the school district to the full extent authorized by law.
B. It is understood that employees shall, during and notwithstanding the pendency of any grievance, continue to observe all assignments, and applicable rules and regulations of the Board, until such grievances, and any effect thereof, shall have been fully determined.
C. It is understood by all parties that under the rulings of the courts of New Jersey and the State Commissioner of Education, the Board is forbidden to waive any right or powers granted by law.
ARTICLE X
MISCELLANEOUS PROVISIONS
A. Printing of this Agreement shall be done at the expense of the Board. The Agreement shall be presented to all employees now employed, hereafter employed or considered for employment by the Board.
B. All employees shall immediately report all injuries, no matter how slight, suffered by them in connection with their employment, to their superior.
C. A tool replacement allowance to a maximum of thirty-five dollars ($35.00) per year, for mechanics, will be allowed, providing the worn or broken hand tool has been JOB CAUSED. (As determined by the supervisor.)
D. Uniforms: Five (5) uniforms will be supplied for custodial and maintenance personnel. The employee MUST WEAR THIS UNIFORM
WHILE ON DUTY. Additionally, a work safety jacket and a pair of
work shoes will be provided to each maintenance employee, and a pair of work shoes will be provided to each custodial employee.
E. Safety Glasses: The Board agrees to provide safety glasses to all employees. The cost of any eye examination necessary to determine the proper prescription shall be born by the employee. The Association agrees that it is the absolute responsibility of its members to wear said safety glasses during working hours. Safety goggles may be substituted by
mutual agreement.
F. Commercial Drivers License with Passenger Endorsement: A $1000 stipend will be paid to an employee who possesses this license. The stipend will be paid at the end of each school year. The employee will be compensated at time and a half if they are not currently scheduled to work.
ARTICLE XI
VACATION
A. All employees, covered by this Agreement, shall be entitled to paid vacations as follows:
1. During the first year of employment, each employee covered by this Agreement, shall receive one (1) vacation day per month for each month of service, up to a maximum of ten (10) days per year (employment on or before the 10th of a month shall constitute one (1) month of service).
2. After the completion of the first contract (all contracts run to June 30), and through the seventh contract, each employee shall receive ten (10) vacation days.
3. Beginning with the 8th consecutive contract year, each employee shall receive fifteen (15) vacation days (2003/2004).
Beginning with the 7th consecutive contract year, each employee shall receive fifteen (15) vacation days (2004/2005).
Beginning with the 6th consecutive contract year, each employee shall receive fifteen (15) vacation days (2005/2006).
4. Beginning with the 16th consecutive contract year, each employee shall receive twenty (20) vacation days.
5. All vacation schedules shall be subject to final approval by the superintendent.
6. It should be noted that for purposes of calculating vacation time, July 1st of each year constitutes the date of any change -- not the anniversary date of beginning employment. This is not a change....only a clarification.
7. Any employee employed prior to January 1st of any school year, shall be given credit for one (1) year of service for the purposes of calculating vacation.
ARTICLE XII
PERSONAL DAYS
A. All employee covered by this Agreement shall be entitled to paid personal days as follows:
1. Three (3) days per year to each employee for the purpose of transacting business that can only be taken care of during normal working hours. These days are to be requested in writing, and approved by the Facilities Manager and the Superintendent of Schools, five (5) days in advance of the requested date. These three (3) days, if not used during the school year, will be added to accrued sick leave at the beginning of the following school year. (July 1)
ARTICLE XIII
FAMILY ILLNESS
Two days (2) days shall be allowed each year for a family leave for illness in the immediate family, to include parents not living in the same household. These days, if not used during the school year, will be added to your accrued sick leave at the beginning of the following school year. (July 1)
ARTICLE XIV
HOLIDAYS
The following paid holidays shall be granted to each employee covered by this
Agreement:
New Year's Day 4th of July
Martin Luther King Day Labor Day
Presidents' Day Thanksgiving Day and day following
Good Friday *Christmas Day and day following
Easter Monday **Columbus Day
Memorial Day **Veterans' Day
*In years when Christmas Day is Wednesday, each employee shall be entitled to the two (2) days following Christmas Day as holidays.
**If included on the approved school year calendar.
All custodial and maintenance personnel will work one (1) day and be off one (1) day, of the two (2) day NJEA Convention in November of each school year. The work force will be divided in half, i.e., half will be off on Thursday and half on Friday. Schedules will be arranged by the Facilities Manager. Every effort will be made to stop outside activities on scheduled holidays. The Association recognizes that exceptions may occur that require work to be scheduled.
ARTICLE XV
Custodial/Maintenance Personnel shall receive the same consideration of all health fringe benefits that have been approved for the professional teaching staff.
ARTICLE XVI
Longevity shall be paid on the following schedule: (Longevity is limited to service in district)
Beginning the 10th year $ 300.00
Beginning the 15th year $ 650.00
Beginning the 20th year $1,025.00
Beginning the 25th year $1,400.00
ARTICLE XVII
DURATION PERIOD
This Agreement shall be effective July 1, 2003 and continue in effect until June 30, 2006.
This Agreement shall not be extended orally, and it is expressly understood that it shall expire on June 30, 2006 unless extended in writing.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed by their respective presidents, attested by their respective secretaries, and their corporate seals affixed, all on this 10th day of December, 2003.
CITY OF BURLINGTON CUSTODIAL/MAINTENANCE
BOARD OF EDUCATION ASSOCIATION
Tanya M. Dickerson Dave Kovoleski
President President
ATTEST: ATTEST:
Craig H. Wilkie, B.A. Jeff Meredith, Secretary
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