2
AGREEMENT
between DELRAN BOARD OF EDUCATION and DELRAN EDUCATION ASSOCIATION
2002 - 2006
ARTICLE PAGE
I. Agreement 4
II. Recognition 4
III. Negotiation Procedure 5
IV. Grievance Procedure 6
V. Negotiations Unit Members' Rights 10
VI. Association Rights 11
VII. Rights and Responsibilities of the Board 12
VIII. Association Personal Leave 13
IX. Negotiating Unit Members' Employment 15
X. Salaries 16
XI. Negotiating Unit Members' Facilities 18
XII. Positions 19
XIII. Insurance Protection 20
XIV Professional Development and
Educational Improvement 20
XV. Miscellaneous Provisions 21
XVI. Reduction In Force 22
XVII. Representation Fee 23
XVIII. Complaint Procedure 24
XIX. Duration of Agreement 25
TEACHER ARTICLES
T-1 Teaching Hours and Teaching Load 25
T-2 Negotiating Unit Work Year 27
T-3 Non-Teaching Duties 28
T-4 Class Size 28
T-5 Negotiating Unit Members' Assignment 28
T-6 Negotiating Unit Members' Evaluation 28
T-7 Voluntary Transfers and Reassignment 29
T-8 Involuntary Transfers and Reassignment 29
T-9 Tuition Reimbursement 30
T-10 Observation and Evaluation 31
T-11 Extra Pay for Extra Duties 32
T-12 Standardized Tests 33
SECRETARY/CLERK ARTICLES
S/C-1 Work Schedule 34
S/C-2 Vacation 34
S/C-3 Tuition Reimbursement 35
S/C-4 Employees' Duties 36
S/C-5 Temporary 36
BUS DRIVER ARTICLES
B-1 Definitions 37
B-2 Work Schedule 36
B-3 Employees' Duties 40
B-4 Employees' Benefits 40
B-5 Seniority and Job Security 41
CUSTODIAN/MAINTENANCE ARTICLES
C/M-1 Work Schedule 44
C/M-2 Vacation 46
C/M-3 Holidays 47
C/M-4 Seniority 48
C/M-5 Employment Procedures 49
C/M-6 Protection of Employees 50
C/M-7 Personal Freedom 51
C/M-8 Voluntary Transfers and Reassignments 51
C/M-9 Sick Leave 54
C/M-10 Pay Days/Shift Differential 54
SALARY GUIDES
Teacher Guides 58-59
Support Staff Guides 56-57
Extra Curricular Guides 60-62
ARTICLE I
A. This agreement approved and entered into this July 1, 2002, between the Delran Township Board of Education (hereinafter referred to as "the Board") and the Delran Education Association (hereinafter referred to "the Association") is intended to delineate areas of mutual agreement and to extend avenues of communication among the Board, administration, professional and support staff as represented by the Association.
B. The provisions of the agreement shall be effective as of July 1, 2002, and remain in full force and effect until June 30, 2006.
C. It is recognized by both the Board and the Association that this agreement is entered in good faith and that both parties will cooperative in carrying out this agreement within the limitations of the laws of the State of New Jersey.
ARTICLE II --- Recognition
A. The Delran Township Board of Education, pursuant to Chapter 123, Public Laws of New Jersey, 1974, hereby recognizes the Delran Education Association as the exclusive negotiating representative for all certified personnel and support staff for the purpose of collective negotiations excluding the superintendent, principals, Assistant to the Board Secretary, substitutes, aides, and all other administrative positions created for the duration of this contract. The following are included: teachers, specialists, nurses, librarians, non-certified subject matter area coordinators, guidance counselors, athletic trainers secretaries, clerks, library assistants, non-print media clerks, accounts payable clerk, keypunch-computer operator, instructional aides, utility, custodians, groundskeepers, maintenance, bus drivers, mechanics, mechanic helper, and any equivalent positions which may be created by the board.
B. Unless otherwise indicated, the term "Negotiations Unit Member,' (NUM) when used in this agreement shall refer to all employees - represented by the Delran Education Association in the negotiations unit above defined.
C. The Association recognizes the Board as the representative of the government of the State of New Jersey and the members of the negotiating committee as the representative of the full Board entrusted with the obligations to negotiate in good faith on behalf of the Board.
D. The Association recognizes the District Superintendent as the representative of the Board when matters of joint concern necessitate meetings during school hours, immediately after school, or at any time when the chairman or any members of the Board's negotiating committee cannot be present. The Superintendent will act in a supervisory capacity only and will not make any policy binding upon the Board.
ARTICLE III
A. Negotiations for a successor agreement to this agreement shall begin no later than the date established by the Public Employees Relations Commission. Any agreement so negotiated shall apply to all NUM's and be reduced to writing, adopted and signed by the Board and the Association.
B. Neither party in any negotiations, shall have any control over the selection of the negotiating representatives of the other party.
C. During negotiations, the Board and the Association shall present relevant data, exchange points of view, and make proposals and counter proposals.
D. The Board agrees to make available for inspection or copying, in response to reasonable request from time to time, all public information including the tentative budgetary requirements and allocations.
E. Negotiations meetings between parties and/or their representatives shall take place a minimum of once a month, for the purpose of reviewing the contents and administration of this agreement and how to solve problems that may arise concerning it.
These meetings, which are not intended to by-pass the grievance procedure, shall be conducted in accordance with the following basis for procedure, unless other-wise determined by the participants as a necessity for expediency:
1. The Delran Education Association shall present to the Superintendent its suggested agenda and full proposal for the next academic year no later than the date established by the Public Employees Relations Commission.
2. Prior to the adjournment of the initial negotiations meeting and each meeting thereafter, an informal memorandum of understanding with reference to that meeting shall be prepared and there will be established a tentative date, time, place, and agenda for the next meeting.
3. Participants may add agenda items by contacting the chairmen of both committees who will be responsible for checking the agenda and distributing it to all participants three (3) days prior to each meeting.
4. Meetings shall be conducted by the chairman of the negotiating committee that is making the presentation.
5. The Delran Township Board of Education recommends that it is most desirable that all Negotiations Unit Members representing the negotiating team be personnel with tenure in the Delran Township School District.
6. All meetings between the parties shall be regularly scheduled when such meetings do not conflict with Board meetings and when the majority of both committees can be present.
7. Special meetings may be called at the request of either party. Requests for a special meeting must be presented to the chairman. Within three (3) days, of the receipt of the request, the chairman shall arrange for an agreeable date and time for a meeting. The party requesting the meeting shall, at the time of the request, submit written proposals or questions to the chairman and the chairman shall arrange for the distribution of the material. The special meeting shall be held within ten (10) days of the receipt of the request. It is understood that the agenda of special meetings shall be limited to that purpose.
8. Both parties may call upon consultants to participate in meetings. This in no way prohibits the Association or Board representatives from discussing other negotiations with other Boards of Education. For example, the Superintendent, the Board of Education, President, D.E.A. President, N.J.E.A. representatives, the Board of Education Solicitor, etc.
9. Recommendations for the agreement made by each negotiating representative are not binding on either party until accepted by the Board and the Association.
10. The negotiated agreement shall be approved or rejected by the membership of the Association and the Board within fourteen (14) days from the date of the meeting when the agreement had been reached.
11. If rejected, the rejection must include a meeting date when counterproposals shall be made by the non-agreeing party.
12. If there is non-agreement, the party must make counterproposals or give in good faith, reasons for not doing so. If the point is reached after several proposals and counterproposals, whereby the Board and Association are unable to agree, they shall establish procedures as outlined within Chapter 123, New Jersey Public Laws of 1974.
ARTICLE IV --- Grievance Procedure
A. Definitions:
1. Grievance: A "grievance" is a claim by a Negotiations Unit Member of the Association based upon the interpretation, application, or violation of this agreement, policies, or administrative decisions affecting a Negotiations Unit member or a Group of Negotiations Unit Members.
2. Aggrieved Person: An "aggrieved person" is the person or persons, or, the Association making the claim.
3. Party in Interest: A "party in interest" is the person or persons making the claim and any person including the association or the Board, who might be required to take action or against whom action might be taken in order to resolve the claim.
4. A grievance, to be considered under this procedure, must be initiated in writing by the Negotiations Unit Member, or the Association within thirty (30) calendar days from the time when the Negotiations Unit Member or Association knew or should have known of its occurrence.
5. The 30 day calendar day requirement will be waived in all cases where the matter to be considered shall have occurred between June 30 and the first Negotiations Unit Members work day of the succeeding year.
B. Purpose: The purpose of this procedure is to secure, at the LOWEST possible level, equitable solutions to 'these problems which may from time to time arise affecting Negotiations Unit Members. Both parties agree that these proceedings will be kept as informal and as confidential as may be appropriate at any level of the procedure.
C. Procedure:
1. If time limits are exceeded at each level by the Grievant/Association, the grievance shall be deemed withdrawn or abandoned. Failure of the principal or Superintendent to respond to the grievance within the specified time limit shall automatically result in advancement of the grievance to the next step.
2. Year-end grievances: In the event a grievance is filed at such time that it cannot be processed through all the steps in this procedure by the end of the school year, and, if left unresolved until the beginning of the following school year could result in irreparable harm to the party in interest, the time limit set forth herein shall be reduced so that the grievance procedure may be exhausted as soon thereafter as it is practical.
3. It is understood that grievants shall, during and not withstanding the outcome of any grievance, continue to observe all assignments and applicable rules and regulations of the Board until such grievance and any effect thereof shall be fully determined.
Level I - Principal or Immediate Supervisor
A Negotiation Unit Member with a grievance shall first discuss it with his/her principal or immediate superior, either directly or through the Association's designated representative, with the objective of resolving the matter informally. If the aggrieved person is not satisfied with the disposition as a result of the discussion, he/she shall submit the grievance in writing to the principal within ten (10) school days of the meeting. The principal shall respond in writing within ten (10) school days.
Level II - Superintendent
If the aggrieved person is not satisfied with the disposition of the grievance at Level I, or if no decision has been rendered within ten (10) school days after the presentation of the grievance, he may file the grievance in writing with the Association within five (5) school days after the decision at level one or ten (10) school days after the grievance was presented, whichever is sooner. Within five (5) school days after receiving the written grievance, the Association shall refer it to the Superintendent of Schools. The superintendent shall - reply in writing within fifteen (15) school days.
Level III - Board of Education
If the aggrieved person is not satisfied with the response at the Superintendent's level, he/she may request that the Board review the decision. Such request must be made within ten (10) days of the Superintendent's written response or within ten (10) days from the latest date on which the Superintendent should have responded under the terms of Level II above, whichever is earlier. The aggrieved shall, at the time of his/her request, provide all information which he/she wishes the Board to consider in reviewing the grievance. The Board shall review the written submission of the aggrieved, together with other documentation relevant to the grievance and shall make a decision within 30 days of the aggrieved's request for Board review. The Board's decision shall be transmitted in writing to the aggrieved.
If the aggrieved person is not satisfied with the decision of the Board, he/she may within five (5) school days of receipt of the Board's decision ask the Association to submit said grievance to arbitration.
Within twenty (20) school days the Association shall decide whether to file for arbitration. If the Association fails to file for arbitration within that time period, the grievance shall be deemed abandoned.
Level IV - Arbitration
Within ten (10) school days after such written notice of submission to arbitration, the Board and the Association shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or are unable to obtain such a commitment within the specified period, a request for a list of arbitrators may be made to the American Arbitration Association in the selection of an arbitrator. The arbitrator so selected shall confer with the representatives of the Board and the Association and hold hearings promptly and shall issue his decision no later than twenty (20) days from the date of the close of the hearings, or if oral hearings have been waived, then from the date the final statements and proofs were submitted to him. The arbitrator's decision shall be in writing and shall set forth his findings or fact, reasoning and conclusions on the issues submitted. The arbitrator shall be without power or authority to make any decisions that require the commission of an act prohibited by law or which is violative of the terms of this agreement. The decision of the arbitrator shall be final and binding on the parties.
The cost for the services of the arbitrator, including per diem expenses, if any, and actual necessary travel, subsistence expenses and the cost of the hearing room shall be borne equally by the Board and the Association. Any other expenses incurred shall be paid by the party incurring same.
D. Rights of Negotiations Unit Member
1. Any aggrieved person may be represented at all stages of the grievance procedure by himself/herself, or representation selected or approved by the Association. When a Negotiations Unit Member is not represented by the Association, the Association shall have the right to present and to state its views at all stages of the grievance procedure.
2. No reprisals of any kind shall be taken by the Board or by any member of the Administration against any party in interest, any representative, any member of the Association, or any other participant in the grievance procedure by reason of such participation.
E. Miscellaneous
1. Group Grievance
If, in the judgment of the Association, a grievance affects a group or class of Negotiations Unit Members, the Association may submit such grievance in writing to the Superintendent directly and the processing of such grievance shall be commenced at Level II. If the group or class of NUMs all report to the same administrator, the grievance shall be processed at Level I.
A. The Association may process such a grievance though the aggrieved person does not wish to do so.
2. Written Decisions
Decisions rendered at Level I which are unsatisfactory to the aggrieved person and all decisions rendered at Level II of the grievance procedure shall be in writing, setting forth the decision and the reasons therefore and shall be transmitted promptly to all parties in interest and to the Association.
3. 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 for filing grievances, serving notices, taking appeals, making reports and recommendations and other necessary documents shall be prepared by the Association and given appropriate distribution so as to facilitate operation of the grievance procedure.
5. 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. There shall be no time off with pay to attend preparation meetings for such hearings.
ARTICLE V --- Negotiations Unit Members' Rights
A. Pursuant to Chapter 123, Public Laws 1975, the Board hereby agrees that every employee of the Board eligible in the negotiating unit defined in Article II of this agreement, shall have the right to freely organize, join and support any employee organization.
B. Nothing contained herein shall be construed to deny or restrict to any NUM such rights as he/she may have under New Jersey School Law.
C. No member shall be disciplined or reprimanded without just cause.
D. Whenever any Negotiations Unit Member is required to appear before any administrator or supervisor, Board, or Committee thereof, concerning any matter which does or may adversely affect the continuation of the Negotiations Unit Member in his/her employment or the salary or any increments pertaining thereto, then he/she shall be given prior written notice of the reasons for such meeting or interview and shall be entitled to have representation of the Association or of his/her choosing present to advise him/her and represent him/her during such meeting or interview.
E. Any question or criticism by a supervisor, administrator, or board member, of a Negotiations Unit Member and/or his/her instructional methodology shall be made in confidence and not in the presence of students, parents, or other public gatherings.
F. Negotiations Unit Members' official files shall be maintained in accordance with the
following:
1. No material derogatory to a Negotiations Unit Member's conduct service, character, or personality shall be placed in his/her personnel file unless the Negotiations Unit Member has had an opportunity to review and discuss the material with an appropriate administrator or his/her immediate supervisor. The Negotiations Unit Member shall acknowledge that he/she has had opportunity to review such material by affixing his/her signature to the copy to be filed, with the understanding that such signature in no way indicates agreement with the contents. The Negotiations Unit Member shall have the right to submit a written answer to such material and his/her answer shall be reviewed by the Superintendent and attached to the file copy.
2. Derogatory material shall be expunged from the Member's file after three (3) years, provided that there has been no occurrence of similar offense involving the Member during that three (3) year time period.
G. No member shall be reduced in rank or compensation or deprived of any professional advantage without just cause.
H. Children of NUMs who reside outside of the district may enroll in district schools. The NUM will be responsible for 50% of the tuition normally charged for out of district tuition. The Board may deny enrollment to a NUMs child in this circumstance if such enrollment would require the hiring of additional staff. Student enrollment must be prior to state enrollment reporting deadlines.
ARTICLE VI --- Association Rights
A. The Board will make available when requested a register of personnel, names and addresses of all Negotiations Unit Members and their respective salaries. Such requests will be honored in a timely fashion.
B. Whenever any representative of the Association or any individual Negotiations Unit Member is mutually scheduled by the Board and the Association to participate during working hours in negotiations, grievance proceedings, conferences or meetings between the above named parties, he/she shall suffer no loss in pay. The Board and the Association will not disrupt regular class routine.
C. The Association and its representatives shall be permitted use of the school buildings at reasonable hours to hold meetings provided that this does not interfere with or interrupt school operations, does not conflict with Board approved activities or facility rentals, does not require buildings to be opened at times they are normally closed and does not require additional janitorial or maintenance time. A schedule of the date, time, and location of regular Executive and General meetings of the Association shall be submitted by September 1 of each year. Not less than one (1) day advance notification shall be given of additionally scheduled Executive and General Meetings.
D. The Association shall be permitted to use school owned facilities and equipment such as typewriters, photocopying equipment, adding machines (excluding that of the Board Secretary), and audio-visual equipment at reasonable times when such equipment is not otherwise in use. The Association will designate certain of its members as a committee responsible for all duplication of materials, and only this committee will have access to the above named equipment. Instructions on the proper use of all equipment will be provided by the Board. The Association shall pay for all materials and supplies incidental to such use. The Association shall be responsible for such equipment while using it and will reimburse the Board for any damages to, or loss of, the equipment while in such use.
E. The Association shall have in each school building, the use of a bulletin board in each staff lounge and dining room. The Association shall also be allowed space on the bulletin board in the central office of each school for Association notices. Copies of all materials to be placed on such bulletin boards shall be given to the building principal for informational purposes.
F. The Association shall have the privilege of using the inter-school facilities and school mailboxes so long as it does not disrupt mail distribution for school operations.
G. Negotiations Unit Member-Orientation programs for new Negotiations Unit Members shall be co-sponsored by the Board and the Association, with the Association obligated to assume such costs as may be mutually agreed upon during the planning of such programs.
To the extent prohibited by law, the Board shall not be expected to assume the cost of purely social events conducted as part of such orientation programs nor shall the Association be expected to assume the cost of speakers, consultants, professional in-service training activities of the Board of Education.
ARTICLE VII --- Rights and Responsibilities of Board
Subject to rights and privileges to Association herein, the Board retains and reserves unto itself all powers, rights, authority, duties, and responsibilities conferred upon and vested including the right:
A. To the executive management and administrative control of the school system and its properties and facilities, to maintain the efficiency of school district operations entrusted to the Board, and to determine the methods, means and personnel by which such operations are to be conducted, except as provided in this agreement.
B. To hire all employees, determine their qualifications, conditions and continued employment, dismissal, demotion, promotion, transfer, or to take what disciplinary action as may be required, except as provided in this agreement.
C. To determine work schedules, place of work, transfers of employees, the right to contract or subcontract any work to any person, persons, corporation, or association, the right to eliminate any job and/or job classifications as designated herein, except as provided in this agreement.
D. The exercise of the foregoing powers, rights, authority, duties, and responsibilities by the Board, the adoption of policies, rules, regulations and practices in furtherance thereof and the use of judgment and discretion in the connections therewith shall be limited only by the specific and express terms of this agreement and then only to the extent such specific and express terms hereof are in conformance with the Constitution and laws of the United States, except as provided in this agreement.
ARTICLE VIII
Personal Leave - All Negotiations Unit Members
A. Death in immediate family up to four (4), school days per occurrence. Immediate family shall mean spouse, parent, child, brother, sister, mother-in-law, father-in-law, grandchildren and grandparents (defined as grandparents of NUM). One (1) day shall be granted for all other family members.
In the event that the deceased had lived more than 200 miles (one way) from the employee's residence, an additional day shall be granted.
B. Three days for personal reasons will be granted to all employees. Such requests for personal reasons shall be submitted two (2) days in advance to the building principal for approval except in cases of emergency when this requirement may be waived by the building principal. Such approval shall not be unreasonably denied. Personal days will not be granted on a day prior to or immediately following a holiday or recess, during the first and last week of school, or at a time when absence will seriously hinder the overall operation of the school, e.g. parent conference days, except in the event of an emergency. The number of unused personal days in any year shall accumulate for the purpose of sick leave from year to year or the NUM can designate a number of these unused personal days to accumulate as family-illness days to be used in future years.
C. Jury Duty
1. Any employee serving on jury duty shall receive all benefits. Any payment received on jury duty shall be returned to the Board and the employee will receive his regular compensation.
D. Maternity Leave
1. The Board shall grant maternity leave without pay to any Negotiations Unit Member upon request subject to the following stipulations and limitations.
a. 1. A NUM with less than three (3) years of working experience in the Delran Township Schools shall be granted a child-rearing leave, without pay, for the remainder of the current school year in which the child is born or adopted.
2. A NUM with more than three (3) years of consecutive experience in the Delran Township Schools shall be granted a child-rearing leave, without pay, for the remainder of the current school year in which the child is born or adopted and for one (1) additional school year immediately thereafter. A "school year" is defined as the following July 1 through June 30 period. This request for extension for one additional school year shall be made in writing, to the Superintendent of Schools not less than ninety (90) days prior to the end of the current school year in which the child-rearing leave began.
3. If a NUM desires to return at the beginning of any marking period, rather than at the beginning of a school year, she/he shall so notify the Superintendent in writing at least seventy five (75) days before the beginning of that marking period. Nothing in this language shall prevent a NUM and the Board from agreeing that a NUM may return on other than the beginning of a marking period if such return is acceptable to both parties.
4. In order to -receive a leave under 1, or 2, above, the NUM must apply for it in writing at least sixty (60) days before its commencement. In the case of adoption, since the date of custody cannot be predicted in all cases, notice shall be given in writing at least sixty (60) days prior to the anticipated date of custody if possible and, if not, as soon as practicable.
b. The employee's return to the same building, grade, or special assignment shall not be guaranteed, but arranged whenever possible upon the recommendation of the Superintendent.
c. No Negotiations Unit Member shall be required to leave work because of pregnancy at any specific time prior to expected childbirth or be prevented from returning to work solely on the ground that there has not been a time lapse of specific duration between childbirth and the desired date of return.
d. The Board shall not remove any Negotiations Unit Member from her duties during pregnancy unless the member cannot produce a certificate from her physician that she is medically able to continue working.
e. The Board shall not discriminate against any person in violation of N.J.S.A. 10:3-1 et seq., The Law Against Discrimination, nor in violation of the Constitution of the United States.
2. Return from leave:
a. Upon return from leave granted pursuant to this article, the NUM shall be placed on the appropriate step on the salary schedule. Employees who work ninety-three (93) days or more in the year in which their leave commences or ends shall receive one year credit for purposes of guide placement.
b. All benefits to which a NUM was entitled at the time of her leave of absence commenced, including unused accumulated sick leave, shall be restored upon her return in accordance with the rules of the insurance carriers.
E. Pay for accumulated unused sick leave:
Upon retirement or death, NUM shall be paid thirty dollars ($30.00) for the first 100 days of unused accumulated sick leave. Upon retirement or death, NUM shall be paid fifty dollars ($50.00) for each day of unused accumulated sick leave in excess of 100 days. Payment over 2 years - 1st payment July 1 after retirement, 2nd payment following July
1. The Board and Association agree to develop an enhanced sick-leave
reimbursement program to be implemented during the term of this
F. Leaves of absence:
1. The Board agrees that one member designated by the Association shall, upon request, be granted a leave of absence, without pay, for up to two school calendar years the purpose of engaging in activities of the Association.
2. A leave of absence, without pay, may be granted for the purpose of caring for a sick member of the member's immediate family, or a member of the household for whom the member is legally receiving an income tax deduction.
3. A member shall be granted adoption leave for a preschooler in accordance with the conditions set up for maternity leave.
ARTICLE IX --- Negotiations Unit Members' Employment
A. Each NUM shall be placed on the proper step of the salary schedule as of July 1 of the school year.
B. The Board will follow state law concerning credit for previous teaching experience, and military service.
C. Negotiations Unit Members shall be notified in writing of their contract and salary status for the ensuing year no later than May 15 of the school year.
D. The contract shall be returned within fifteen (15) school days.
E. At the time a newly employed NUM is in receipt of a signed contract from the Board of Education, the said member shall also receive from the Board a copy of the current agreement between the Board and the Association.
F. Registration for workshops that NUMs wish to attend will be paid for by the NUM initially. Approval for workshop reimbursement will be based on the following criteria:
1. All requests for workshop reimbursement shall be reviewed by the Superintendent.
2. The NUM will agree to make a written report to the Superintendent following attendance of the workshop.
3. The NUM will agree to make a presentation to fellow faculty members following the attendance of the workshop.
4. Upon completion of items 2, and 3, the NUM will submit a voucher for payment of the cost of registration for the workshop.
5. The number of participants shall be determined by the Superintendent as to the number to be allocated to each school.
6. When applications are received they shall be approved as to subject, and in order of the greater number of years of continuous service.
7. Workshop registration, whether prescribed or requested by the NUM, will be paid by the Board of Education including workshops attended on Saturdays.
ARTICLE X --- Salaries
A. The salaries of all Negotiations Unit Members covered by this agreement are set forth herein.
B. Paychecks.
Negotiations Unit Members paychecks shall be issued every other Friday. A schedule of pay dates will be issued by the Board each year. The Association and the Board recognize and agree that some flexibility in this schedule must be provided at certain times of the year due to staff vacations and other pressing needs, i.e., specifically during the winter and spring breaks, during the first week in September, and during the first week in June; therefore, reasonable modifications and deviations from this every other Friday pay day will be permitted. Negotiation unit members shall receive their pay schedule for the next school year in June of the preceding school year. When a payday falls on or during a school holiday, vacation, or weekend, the members shall receive their paycheck on the last previous working day.
C. The Board will authorize the Secretary to make additional deductions for Negotiations Unit Members as prescribed by law.
D. Negotiations Unit Members shall receive their final paychecks on the last teacher day in June, except those who have chosen the twelve (12) month summer payroll deduction.
E. Negotiations Unit Members may independently elect to have a portion of their salary withheld and deposited to their credit union and/or deposited for tax deferred annuities upon executing appropriate payroll authorization forms. Such deposits will occur twice a month.
F. NUM's who receive stipends for additional duties shall receive payment in a separate check.
G. The salary guides for school years 2002-2003, 2003-2004, 2004-2005, 2005-2006, are attached at the end of this agreement as schedule A.
Newly hired teaching NUMs shall be granted up to seven (7) years experience on the guide. In addition, the Board may grant credit for teaching experience over seven (7) years.
Newly hired non-teaching NUMs will begin at the first step of the salary guide unless they have previous equivalent full-time work experience in the position for which they are being hired. Credit on the salary scale shall be given with the provision that no new employee will be placed on a step higher than a currently employed member with equivalent work experience.
A service increment of $300.00 based on a unit member's continuous employment in the Delran Township Public School System shall become payable at the issuance of the unit member's tenth, fifteenth, and twentieth consecutive contract or letter of intent.
Master Social Worker Degrees will be listed on Guide as a Master Degree plus 30 credits.
All employees who are employed for more than one half of their contract year shall be given full credit for one year of service toward the next increment step for the following year. Example: 12 month employees must work more than six months; 10 month employees must work more than five months.
H. Direct Deposit
The Board shall provide a direct deposit program for all NUMs under these guidelines:
1. If the District's bank's has no direct deposit procedure, this plan will not be in effect. If the District's bank's policy on direct deposit requires some minimum number of participants and said minimum is not reached, this plan will not be in effect.
2. The Board is not responsible for the participation or non-participation of a NUM's bank. The banks to which checks may be deposited directly by the current District's bank are part of a national system, which many, but not all banks are a member of.
3. There must be an understanding between the parties that the direct deposit system shall require an earlier "turn-around" time with respect to District business office completion of information in order to get records to the District's bank in time for direct deposit to the NUM"s bank. Therefore, some payments to an employee may be delayed beyond the current parameters.
4. In addition to the agreements between the Board and the DEA, the parties are bound by bank rules with respect to direct deposit. If the District's bank changes, we are bound by the new bank's rules.
5. The Board will follow its normal procedures for the posting of the payroll. Delays resulting from a NUM"s bank schedule, or its policy an direct deposit, including when funds are posted and available, are not the responsibility of the Board. The District is not responsible for charges assessed to an employee resulting from errors in bank transmission, for the employee's premature withdrawals of funds, or for any charges that an employee's bank may apply to such direct deposit services.
6. The NUM can only enroll in direct deposit once a year. Such an enrollment application must be received by the Board office by June 15th. In the first year, the Board Office receive the NUM’s application at least 90 days before the commencement date of the plan.
7. The NUM will be permitted one bank change during the July 1 to June 30 period in any year.
8. The DEA will guarantee that employees will immediately return to the Board of Education any funds which exceed that which the employee is otherwise entitled.
ARTICLE XI --- Negotiations Unit Members' Facilities
A. The Board recognizes that appropriate texts, library facilities, maps, globes, laboratory equipment, audio-visual equipment, art supplies, athletic equipment, standard texts and similar materials are tools of the teaching profession. The Board shall make available, whenever possible, in each school adequate lunchroom, restroom, and lavatory facilities for Negotiations Unit Members' use and a NUM lounge. Vending machines for beverages shall be permitted in the NUM lounges of each building, providing that the association makes the arrangements for the installation and for maintenance, stocking, payments, and collection.
B. The Delran Education Association shall be the representative body for all Negotiations Unit Members requesting additional supplies or equipment not a part of the regular assignment given to each member. The following procedure will be followed:
1. In each building, the Negotiations Unit Members will select one member whose responsibility it will be to forward them, in writing, to the building principal.
2. The building principal will, after receiving and written request for supplies, materials, etc., meet with the Negotiations Unit Members representative to discuss what is available in the system and how to obtain it.
3. Each building principal may requisition any excess supplies or equipment for his building or request the purchase of the same from the Superintendent in writing.
4. The Superintendent will submit to the Board all requests for supplies or equipment he deems necessary.
5. The Board will consider the purchase of all reasonable requests made by the Superintendent on behalf of the principals and staff so far as it is economically possible to do so.
6. At budget time, each building principal will resubmit requests for supplies and equipment that have not been purchased due to insufficient funds, for reconsideration by the Board when it is making up the budget for the following year.
ARTICLE XII --- Positions
A. Delran Negotiations Unit Members shall be given notification through posting of all vacancies in the district prior to public advertising of the vacancies.
B. All openings for positions shall be communicated to all Negotiations Unit Members at the same time. Where possible, salary schedules for these positions shall be included with the notification.
C. All qualified NUMs in the particular system areas to be offered shall be given equal opportunity to make application, and no position shall be filled until all applications have been considered.
ARTICLE XIII --- Insurance Protection
A. 1. The Board of Education will provide at no cost to the NUM, a health benefits plan
comparable in coverage to that in effect on June 30, 1996, (PACE and Blue Choice) for the NUM and dependents. If a change in carrier of the health plan is considered, the plan must be reviewed and approved by the Delran Education Association. There shall be no duplication of coverage (viz.) if NUM's spouse has Blue Cross/Blue Shield, Rider J, or Major Medical Coverage or the equivalent thereof, either for him/herself and/or dependents, the Board of Education will not be required to duplicate such coverage).
2. The Board's contribution rate for HMO type coverage shall be calculated at, and not exceed, the "COBRA" rate minus the two (2%) administrative fee. The Association shall retain the right to verify the calculations for this rate.
B. For each NUM who remains in the employ of the Board the full school year, the Board shall make payment of the insurance premiums to provide insurance coverage for the full twelve (12) month period commencing September 1, and ending August 31. When necessary, payments of premiums on behalf of the member shall be made retroactively and prospectively to assure uninterrupted participation and coverage.
C. The Board shall provide each NUM and his/her dependents with a $5.00 generic / $15.00 brand / $25.00 formulary co-pay prescription drug program. Mail order is 2X the regular co-pay for a three (3) month supply. The cost to the Board shall not exceed $975.00 per NUM in the 2002-2003 school year, $1,125.00 per NUM in the 2003-2004 school year, $1,275.00 per NUM in the 2004-2005 school year, $1,425.00 per NUM in the 2005-2006 school year. The Board has the right to change drug insurance carriers without negotiations as long as it maintains substantially the same benefits.
D. The Board will provide at no cost to the NUM, a comprehensive dental plan for the employee not to exceed $260.00 per year. NUMs can purchase family coverage under administrative rules established the Board / Administration and consistent with dental carrier rules concerning such buy-ins.
E. Negotiation Unit Members on unpaid leaves of absences shall have the right to continue coverage in this plan provided appropriate monthly premiums are paid by the member to the Board. Upon return to work, the Board shall commence payment of premium.
F. Family coverage will be give to one spouse, the other will be given single coverage. If one leaves the district or separates, dies, divorces (etc.) the Board will pick up family coverage immediately.
G. Employee contributions to prescription and dental premiums will be deducted on a pre-tax basis upon enrollment.
H. The Board and the Association agree to create a joint health insurance committee to explore additional methods of reducing insurance premiums and employee contributions.
ARTICLE XIV --- Professional Development / Educational Improvement
A. Tuition Reimbursement
1. The Board agrees to make available a maximum of $20,000 in 2002-2003, $25,000 in 2003-2004, $30,000 in 2004-2005, $35,000 in 2005-2006 as reimbursement for tuition.
ARTICLE XV --- Miscellaneous Provisions
A. The Board and the Association 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, assignments, promotion, transfer, or disciplines of Negotiations Unit Members or in the application or administration of the Agreement an the basis of race, color, creed, religion, national origin, sex, domicile, marital status, or age.
No grievance pertaining to discrimination in the hiring, training, assignments, promotion or transfer, or discipline of Negotiation Unit Members may be submitted to binding arbitration; such grievance if not resolved at the Board level, may be submitted to the appropriate forum such as the Division of Civil Rights, Commissioner of Education, or the Courts.
B. If any provision of this Agreement or any application of this Agreement to any employee or group of employees is held contrary to law, then such provisions or applications 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 or effect.
C. Terms and conditions of the master Agreement shall take precedence and control over any individual contract made with any NUM.
D. Copies of this Agreement shall be printed at the joint expense of the Board and the Association after agreement on format within thirty (30) days after the agreement is signed. The agreement shall be presented to all NUMs now employed, hereafter employed, or considered for employment by the Board.
E. Except as the Agreement shall otherwise provide, all terms and conditions of this employment applicable on the effective date of this Agreement to employees covered by this agreement as established by the administrative procedures and practices in force on said date, shall continue to be so applicable during the terms of this agreement.
F. The Board will provide titles with job descriptions for new and reclassified positions. Also, anyone who has a position change shall be notified in writing by a designee of the board.
G. When moving to another position in the Association, an employee will move laterally to the same step. Any secretary, clerk hired after June 30, 1989 will not benefit from lateral movement stipends from previous contracts.
ARTICLE XVI --- Reduction in Force
For the purpose of information only, the Board policy for Reduction of Force is as follows:
The Board of Education reserves the right under State law to abolish unilaterally any existing position in whole or in part and to reduce the number of employees in any category for reasons of economy, reduction in number or pupils, change in administrative or supervisory organization or other good cause.
Should it become necessary to reduce the number of employees in a district, the laws and regulations of the State shall be the controlling guides. If, in the case of such reduction, candidates for termination are non-tenured personnel only, selection shall be based in the first instance on the effectiveness of the employees and then on seniority in the District. If the effectiveness of two or more Negotiations Unit Members is deemed to be equal, then the least senior member will be released first. Tenured employees shall not be dismissed under the provisions of this article, if such tenured employees' duties are to be performed by a non-tenured employee. If, as a result of such reduction, candidates for termination or reduction in grade are tenured employees, seniority shall be the determining factor, and it seniority amongst two or more members is equal, then the following shall determine the order set forth which member will be terminated:
1. The Negotiations Unit member with the least number of certifications, followed then by, if equal,
2. The Negotiations Unit Member with the least number of additional credits earned to his/her credit, followed by, if equal,
3. The least effective Negotiations Unit Member.
The Board of Education with assistance of the Central Administration shall prepare guidelines for restructuring positions and for determining objectively which employees are to be dismissed as a result. The following are guidelines to assist the Central Administration in restructuring staff patterns and in determining those who would be affected by a reduction in staff:
A. Procedure for Eliminating a Position
A position may be eliminated by:
1. Reducing the number of employees in a particular category.
2. Combining two or more jobs into a single position or duties to an existing position among two or more persons.
3. Eliminating a portion of a job and combining the remainder in one or more
B. Procedure for Reducing Staff
When the Board has approved the elimination of a position, the responsibility of the Central Administration to:
1. Publish the seniority list of all employees in the affected category in accordance with procedure specified in NJ Administrative Code for Education (N.J.A.C. 6:13-1.10).
2. Indicate on the seniority list the employee's name, years of seniority in the district, whether or not he/she is a staff member and the certificate(s) he/she holds.
3. In the event that the two or more non-tenured employee immediately liable for dismissal or reduction in grade a request from the immediate supervisor to the Superintendent should be made of all material relevant to their performance on the job.
4. In the event that two or more tenured employees having seniority entitlement are immediately liable for dismissal or reduction in grade, provide the same information as in 3. above.
5. Maintain an eligibility list of tenured employees dismissed due to a reduction staff, as a guide for reemployment whenever occurs for a position in which the former employee is qualified. The parties expressly agree that this provision shall be subject to the grievance procedure.
6. The Association shall be supplied at all times with an accurate list of all personnel who are currently in layoff.
ARTICLE XVII --- Representation Fee
The Delran Board of Education, according to the N. J. Public Law, Chapter 466, P.L. 1979, will deduct Representation fees from member employees in the unit, and will forward to the Association the Representation Fee in lieu of dues for services rendered by Association.
The Representation fee in lieu of dues shall be in an amount equivalent to the regular membership dues less the cost of benefits financed through the dues available to or benefiting only its members. This representation fee shall be levied at 85 percent of the regular membership dues.
ARTICLE XVIII --- Complaint Procedure
A. Any complaints regarding a NUM made to any member of the administration by any parent, student, or other person which does or may influence evaluation of a NUM shall be processed according to the procedure outlined below.
B. The principal or immediate superior shall meet with the NUM to appraise the NUM of the complaint and they shall attempt to resolve the matter informally.
C. The NUM shall have the right to be represented by the Association at any meeting or conferences regarding such complaints.
Article XIX --- Duration of Agreement
The provisions of this agreement shall be effective as of July 1, 2002, and shall remain in full force and effect until June 30, 2006, subject to the right of the Board and the Association to negotiate for modification of the agreement as provided in Article III of said agreement.
The foregoing agreement having been formally accepted and adopted in accordance with applicable law of the State of New Jersey by the Board of Education Association is hereby executed by the respective officials and officers as follows:
DELRAN EDUCATION ASSOCIATION
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Margaret A. Gessmann, President Attest: John Kita, Secretary
DELRAN TOWNSHIP BOARD OF EDUCATION
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Lynn R. Jeney, President Attest: Joseph Picogna, Board Secretary
ARTICLES I - XIX Pertain to ALL MEMBERS
T Teachers
S/C Secretaries and Clerks
B Bus Drivers
C/M Custodial Maintenance
ARTICLE T-1 --- Teaching Hours and Teaching Load
A. Negotiations Unit Members in Delran Township Schools shall be on assignment for a minimum of thirty minutes before classes begin and thirty minutes beyond the regular school day. In no case shall a member be expected to be on duty for more than thirty minutes before the opening of school.
1. Negotiations Unit Members shall work a seven and one quarter hour work day, within one continuous span, with distribution thereof set by the Board.
a) Faculty meetings shall be held during the school day within the 7 1/4 hour period.
b) Notice of any meeting shall be given to the NUMs invited at least two days prior to the meeting except in cases of emergency.
2. Preparation Periods
a) All high school and middle school Negotiations Unit Members are to have one preparation period a day, at a specified time set by the building administrator or his designee.
b) All elementary Negotiations Unit Members are to be scheduled for 200 minutes per week during the school day and spread over five days.
B. It is agreed that class advisors, student council moderators, school nurses, librarians, guidance counselors, and yearbook advisors will not supervise a homeroom except when all other available NUMs have been utilized. All other NUMs will be assigned homeroom duties on a rotating basis.
C. It is agreed that preparation of a lesson plan is a necessary tool to help a Negotiations Unit Member achieve continuity, set forth goals and objectives, and determine the scope, sequence and content of daily lessons.
Lesson plans are essential in assisting a substitute when the regular teacher is absent. Emergency plans are acceptable, but the child is given a continuing education and presented with a continuing classroom routine when there are current lesson plans available for the substitute.
All Negotiations Unit members will submit weekly lesson plans on Monday morning. It is realized that a lesson plan is a brief, orderly, logical plan on a given topic designed to last for a specific period of time. Substitutes will utilize regular lesson plans unless otherwise directed.
D. The practice of using a regular NUM as a substitute, thereby depriving him/her of his/her preparation period, is undesirable and shall be discouraged. In those cases where regular substitutes are not available, NUMs who volunteer will be used as substitutes during their non-teaching time. In the absence of a substitute, any NUM (including librarians) who serve in this way shall be compensated at the rate of $26.70 per class in the 2002-2003 school year, $28.13 per class in the 2003-2004 school year, $29.58 per class in the 2004-2005 school year, and $31.11 in the 2005-2006 school year. In cases of extreme emergency, NUMs may volunteer to cover additional classes at the previously stated rate. Under normal circumstances, members will not be asked to cover more than one day. It shall be the responsibility of the member to notify the principal when each substitute period is served. The compensation will be paid within 30 days in a separate check. The Board shall endeavor to provide competent and adequate substitutes.
E. At the middle school and the high school levels, NUMs shall not be assigned more than three (3) course titles. This does not apply to subject area where there is only one certified member, e.g., Industrial Arts, Home Economics, Art, etc. Effective July 1, 1996, up to three (3) NUMs at the High School and three (3) NUMs at the Middle School, beyond those set forth in the preceding sentence, may be assigned to four (4) course titles when scheduling conflicts exist. Any NUM assigned a fourth title under the provision of the foregoing sentence shall be released from a duty period on two (2) days per week.
Whenever possible at the high school (and middle school beginning in the 2003-2004 school year) level, teachers will be assigned no more than five (5) classes and one (1) supervisory assignment per quarter in an eight (8) period day. In the event a member is assigned a sixth class in the high school, compensation at the rate of $26.70 per class in the 2002-2003 school year, $28.13 per class in the 2003-2004 school year, $29.58 per class in the 2004-2005 school year, and $31.11 per class in the 2005-2006 school year will be paid. Beginning in the 2003-2004 school year, middle school teachers who are assigned a sixth class will be compensated at half (½) of the rate described above. In the 2004-2005 school year and beyond, middle school teachers who are assigned a sixth class will be compensated at the rate described above.
Beginning in the 2003-2004 school year, the High School and Middle School day will be restructured to increase student periods from an 8 period day to a 9 period day. There will be no additional teaching periods for staff. The additional period for staff generated from the change to a 9 period day will be utilized for professional development / curriculum development / program development.
The Board and Association agree to create a joint committee to explore during the 2002-2003 school year, methods to implement a program for professional development / curriculum development / program development at the elementary schools.
F. Staffings which are extended beyond the 7 1/4 hour day will be compensated in time by mutual agreement with the building administrator.
G. Sports Physicals (Nurses)
1. If a school nurse performs student physicals after the regular teacher day, they shall be compensated at the rate of $26.70 per hour in the 2002-2003 school year, $28.13 per hour in the 2003-2004 school year, $29.58 per hour in the 2004-2005 school year, and $31.11 per hour in the 2005-2006 school year.
2. Physicals given in summer for interscholastic sports will be paid at the 1/200 per diem rate.
H. Home Instruction will be paid $31.65 per hour in the 2002-2003 school year, $33.35 per hour in the 2003-2004 school year, $35.06 per hour in the 2004-2005 school year, and $36.88 per hour in the 2005-2006 school year.
I. The guidance counselors will work the last two weeks (10 days) in August prior to the opening of the new school year and will be paid at .05 of the base salary he/she is to receive.
J. Teachers shall be required to attend two (2) evening meeting per year without additional compensation. The purpose of such meetings is for educational programs, not to supplant currently compensated activities. If a teacher is required to attend additional evening meetings compensation will be at the home bound instruction rate.
K. Effective July 1, 1999, the Middle School Athletic Director's schedule shall contain a period with no assigned teaching or supervisory duties. Said period shall be used for A.D. duty purposes. This agreement shall expire at the close of business on June 30, 2002 unless and until the parties agree in writing to extend the provision.
ARTICLE T-2 --- Negotiations Unit Member Work Year
1. Professional Staff
a. The Negotiations Unit Members' work year shall be defined as the number of in-school days specified not to exceed 185 days.
b. As of September 1 of the contract year, all Negotiations Unit Members shall be entitled to ten (10) sick leave days for each school year as of the first official day of such school year whether or not they report for duty that first day.
ARTICLE T-3 --- Non-Teaching Duties
The Board of Education agrees to provide all teachers with a duty free lunch period each day.
ARTICLE T-4 --- Class Size
Whenever, in the opinion of the Superintendent, the number of students in a classroom exceeds the design specifications for the classroom, the Superintendent shall meet with the Delran Education Association building representative to explore and discuss methods of reducing the size of the class affected.
ARTICLE T-5 --- Negotiations Unit Members' Assignment
A. Except in cases of extraordinary circumstances, Negotiations Unit Members shall be given written notice of their class or subject assignment, building assignment, and room assignment for the forthcoming year not later than June 30.
B. In the event that changes in such scheduled, class and/or subject assignment, building assignment, or room assignments are proposed after June 30, the NUM being affected shall be notified promptly in writing.
C. The Board will follow state law when hiring or assigning NUMs with regard to their type of certificate and area of competence.
D. Special area NUMs in the elementary school shall be consulted by the principal for the preparation of their schedule. The June 30 deadline as set forth in paragraph A and B shall not apply to this paragraph.
ARTICLE T-6 --- Negotiations Unit Members' Evaluation
A. The Board will follow stated policy with regard to NUMs' evaluations. It is agreed that all observation and evaluations are to be conducted openly and in an ethical atmosphere.
B. The Superintendent and the Association Committee of not more than three people shall meet and develop recommendations concerning evaluation procedure and criteria pertaining to increment and salary adjustment.
C. All evaluations will be made by administrators and certified personnel.
D. All first year NUMs in the Delran School System shall be observed and evaluated more frequently with several consultations following.
ARTICLE T-7 --- Voluntary Transfers and Reassignments
A. Not later than June 1 of each school year, the Superintendent shall deliver to the Association, to post in all school buildings, a list of known vacancies which shall occur during the following year. Such listings shall be updated by July 15th and delivered to the President of the Association.
B. Negotiations Unit Members who desire to change grade and/or subject assignment, or who desire to transfer to another building must file a written statement of such desire with the Superintendent no later than April 15. Such statement will include the grade and/or subject to which the member desires to be transferred in order or preference.
C. As soon as possible, the Superintendent shall make appropriate response to such requests for transfer. The Superintendent shall meet with the NUM to discuss the outcome of such a request when such member shall have requested such a meeting with the Superintendent in writing within ten (10) calendars days of the Superintendent's determination of the requested transfer.
ARTICLE T-8 --- Involuntary Transfers and Reassignment
A. The Board recognizes the need for stability within the district and does not favor unnecessary movement of personnel among the individual schools.
B. The Board and the Association stipulate that the primary concern is the welfare of the children and a harmonious atmosphere in each building.
C. The Board will endeavor to do everything possible to keep involuntary transfers and/or reassignment at a minimum or to prevent them entirely, but reserves such a prerogative to itself.
D. When an involuntary transfer or reassignment is necessary, consideration shall be given to a NUM's area of competence, major or minor field of study, length of service in Delran School District, length of service in the particular building, and other relevant factors, including among other things, state and/or federal laws, rules, regulations, or administrative directives, such factors to be consistent with statutory specifications and case law. Decisions in this area are not grievable.
E. Notice of an involuntary transfer or reassignment shall be given to the NUM as soon as practicable, and except in cases of emergency, no later than June 30.
F. Whenever an involuntary transfer or reassignment is proposed by the Superintendent in writing, the Superintendent shall meet with the affected NUM to discuss the proposed transfer when such member shall have requested such a meeting with the Superintendent in writing within ten (10) calendar days of the Superintendent's notice of the proposed involuntary transfer or reassignment.
ARTICLE T-9 --- Tuition Reimbursement
A. The Board agrees to make available a maximum of $600 per course with a limit of one course per semester, (semester to mean summer, fall, and/or spring) to be paid as a reimbursement for tuition upon satisfactory completion of the course. Payment of tuition reimbursement for eligible employees who qualify will be at the end of each school year with reimbursement evenly distributed from the total pool available.
1. In order to qualify for this reimbursement, a NUM must receive approval of said course by the Superintendent prior to registration. In addition, the NUM must present acceptable proof of achievement of a passing grade upon completion of said course and receipt for tuition paid.
2. Courses which qualify for reimbursement may be on the graduate or undergraduate level, and should be of such content as will expand or improve the NUM's capabilities and performance in the area of certifications.
3. Courses necessary for certification will not qualify for this reimbursement unless prior approval is granted by the Superintendent.
4. Course work approval:
a. In September: reimbursement upon completion, paid out of current fiscal monies.
b. In February: reimbursement upon completion pending transcript submitted by June 23rd of current fiscal year so business office can complete paper work by June 30th. Should transcripts not be submitted by June 23rd, reimbursement will be paid after July lst, thereby reducing next year's reimbursement (by the amount of money requested).
c. In May: reimbursed upon completion reducing monies for the oncoming fiscal year.
B. Salary Guide Categories
1. In order to qualify for use in placement of a NUM on the salary guide categories beyond the bachelor level, courses and/or credits must be:
a. Part of a graduate program related to the field of education the NUM has matriculated; or,
b. On a graduate level, but not part of a matriculated program; or,
c. On an undergraduate level, but qualified as an extension of, improvement of a NUM's skills necessary for, or applicable to a present position. This is not to exceed twenty-five (25) credits.
2. In order to qualify for use in placement of NUM on the salary guide categories beyond the masters level, courses and/or credits must be:
a. Part of graduate program pursued after the masters degree has been conferred; or,
b. On the graduate level and not part of a prescribed program but qualified as an addition to, or extension of, or improvement of a NUM's skills necessary for or applicable to a present position.
3. Application for a change in placement on the salary guide must be in writing by December 1st prior to the school year during which the change would be effective. This application must be made through the Superintendent.
4. Change in placement on the salary guide in conjunction with the above paragraph will be made September 15th and February 15th provided transcripts are received prior to the above mentioned dates.
5. Extraordinary circumstances which may arise regarding qualifications for change in salary guide placement may be presented in writing to the Superintendent for review and consideration.
ARTICLE T-10 --- Observation and Evaluation
The observation and evaluation of non-tenured teaching staff members in the Delran School System shall be in conformance with N.J.A.C. 6:3-1.19.
A. For the purpose of this section, the term "observation" shall be construed to mean visitation to a classroom by a member of the administrative and supervisory staff of the local school district, who holds an appropriate certificate for the supervision of instruction, for the purpose of observing a non-tenured teaching staff member's performance of the instructional process.
1. Each of the three observations required by law shall be conducted for a minimum duration of one class period in a secondary school, and in an elementary school, for the duration of one complete subject lesson.
B. The term "evaluation" shall be construed to mean a written evaluation prepared by the administrative/supervisory staff member who visits the classroom for the purpose of observing a teaching staff member's performance of the instructional process.
C. Each local board of education shall adopt a policy for the supervision of instruction, setting forth procedures for the observation and evaluation of non-tenured teaching staff members, including those assigned to regular classroom teaching duties. Such policy shall be distributed to each teaching staff member at the beginning of his/her employment.
D. Each policy for the supervision of instruction shall include, in addition to those observations and evaluations herein before described a written evaluation of the non-tenured teaching staff member's total performance as an employee of the local board of education.
E. Each of the three observations required by law shall be followed, within a reasonable period of time, but in no instance more than 15 days, by a conference between the administrative/supervisory staff member who has made the observation and written evaluation and the non-tenured teaching staff member. Both parties to such a conference will sign the written evaluation report and retain a copy for his/her records. The non-tenured teaching staff member shall have the right to submit his/her written disclaimer of such evaluation within ten days following the conference, and such disclaimer shall be attached to each party's copy of the evaluation report.
F. The purpose of this procedure for the observation and evaluation of non-tenured teaching staff members shall be to identify deficiencies, improve professional competence, provide a basis for recommendations regarding reemployment, and improve the quality of instruction received by the pupils served by the public schools.
ARTICLE T-11 --- Extra Pay for Extra Duties
A. The athletics and extra-curricular salary guides are attached at the end of this agreement as schedule B.
B. Extra curricular
1. Any athletic sponsored event (e.g.: dinners, awards ceremonies, luncheons, league sponsored awards nights) shall be paid for in full by the Board of Education.
2. Coaches will be compensated for transportation expenses to athletic sponsored events (see 1 above) at the IRS rate in effect as of July 1 of each contract year.
3. In the event that a coaching position is not filled due to lack of qualified personnel and/or applicants, the sport shall receive the salary appropriated for the unfilled position, if they assume the duties of the vacant position. Further, should a position become vacant due to a resignation, the above applies. The salary for the remainder of the season shall be pro-rated on an equal basis.
4. Coaches in interscholastic sports will be paid at the end of their respective sports program by submitting appropriate vouchers within a reasonable time following the completion of the sports program. Submission of forms by the athletic director shall then be made within 3 days so that payment can be received in the next pay period. Stipends shall be paid in a separate check.
5. All middle school interscholastic athletics will be paid as a head coach unless otherwise specified.
D. Negotiations Unit Members approved by the Superintendent of Schools to travel between school district facilities shall be compensated at the IRS rate in effect as of July 1 of each contract year.
E. Compensation is payable by submitting vouchers to the Board before the first Monday in December and the first Monday in June.
ARTICLE T-12 --- Standardized Tests
Negotiations Unit Members will administer standardized tests deemed by the Board as necessary. Members' involvement in analytical statistical considerations is needed in drawing definite conclusions. It is agreed that correction is not within the realm of the member's responsibility other than the primary grade OTIS examination.
ARTICLE S/C-1 --- Work Schedule
A. Work Day
1. The work day of all employees excluding instructional aides shall consist of 7 hours exclusive of lunch. These employees must take a lunch break between the hours of 11:30 a.m. and 1:30 p.m. All offices must be covered during this time frame.
2. The work day of instructional aides shall consist of 6 hours and 40 minutes when school is in session.
3. Summer hours, July 1st through August 31st, shall be uniform throughout the district as follows: Monday through Thursday 8:00 am to 3:30 pm with a 12:00 pm to 1:00 pm lunch break, and Friday from 8:00 am to 12:00 pm.
4. At each school, one secretary/clerk will cover until 3:30 or one hour after student dismissal, whichever is later. This will not require working beyond the seven-hour work day.
5. Employees shall be granted the established holidays on the school calendar. If July 4 falls on a Saturday, Friday will be taken as the holiday. If July 4 falls on a Sunday, Monday will be taken as the holiday.
B. Overtime at the rate of one and one-half times the regular pay schedule will be paid for any time in excess of a 40 hour week. At the discretion of the supervisor, compensatory time off will be given. If compensatory time is not taken within 30 days of the occurrence, the employee will be entitled to be paid as above. Overtime will be scheduled by mutual agreement of the supervisor and the employee.
C. When an instructional aide is requested to attend the Tournament of Champions /Special Olympics, a flat fee of $60.00 will be paid to the aide.
D. Each employee will be granted one day per month cumulative sick leave: 12 months - 12 days; 11 months - 11 days; 10 months - 10 days, per year.
E. In-service programs will be scheduled by the Administration. The Board is committed to continuing in-service of support personnel.
ARTICLE S/C-2
A. Secretary/clerks' vacation eligibility shall be determined as of July 1st of each year. Employees shall be eligible on the following basis:
1. In the first year of employment (ending June 30 of the school year) employees will earn 1 vacation day for each month of employment up to a maximum of ten (10) days.
Example – an employee beginning employment on November 1 will earn eight (8) vacation days (November through June) to be taken in the next school year beginning on July 1.
After the first year of employment, 12-month employees, will be granted two (2) weeks vacation per year.
2. In the fifth year of service, three (3) weeks of vacation shall be granted.
3. At the completion of ten years or service, four (4) weeks of vacation shall be
4. All 10 and 11 month clerical and secretarial employees shall be granted one (1) week vacation with pay at a time mutually agreed upon with the administrator and Superintendent.
5. Employees may take leave without pay on dates mutually agreed upon with the administrator and the Superintendent.
ARTICLE S/C-3 --- Tuition Reimbursement
The Board agrees to make available $600 per course with a limit of one course per semester as reimbursement to expand or improve an employee's capabilities in the employee's position.
An employee must receive the approval of the Superintendent prior to the request for reimbursement which would afford them the opportunity for advancement or change in position.
In order to qualify for this reimbursement, a NUM must receive approval of said course by the Superintendent prior to registration. In addition, the NUM must present acceptable proof of achievement of a passing grade upon completion of said course and receipt for tuition paid.
ARTICLE S/C-4 --- Employees' Duties
A. Employees shall be confined solely and exclusively to such duties as would assist supervisory personnel in the performance of their expected duties. Under no circumstances will they be required to perform supervisory duties.
B. The board or any agent thereof will not assign or direct any employee covered by the contract to any other duties outside of the duties appropriate to their position and general job description.
C. Use of computer terminals by staff members will not result in any additional pay, stipend, or reclassification. This does not include anyone presently an the computer operator scale.
ARTICLE S/C-5
A. The new salary guide will also apply to any fully qualified new full-time, part-time, and/or temporary personnel.
1. Substitute: Person hired to fill a position vacant due to a regular employee's absence. (illness, vacation, etc.) Board will establish by policy.
2. Temporary: Person employed for a limited time to handle a specific task. Such employment will not replace currently employed or RIF'ed personnel.
ARTICLE S/C-6
A. Secretaries / clerks who transfer from one position / category to another will receive credit for their district experience level when placed on the new salary guide.
B. Secretaries / clerks who transfer from a 10 month position to a 12 month position will have their vacation entitlement based on a pro-rata calculation according to the provisions of S/C 2 above.
Example: 6 years of 10 month employment = 60 months.
60 months / 12 = 5 years credit.
5 years credit = 3 weeks of vacation.
ARTICLE B-1 --- Definitions
Contract #1 - a four hour day, transporting children who attend school for a full day.
Contract #2 - drivers will be paid for actual driving time to transport children who attend school for one-half (1/2) day, i.e., Kindergarten Program, Bright Eyes, etc., and children who are involved in inter-school programs where transportation occurs on a daily basis, i.e., Ace Program.
Seniority - seniority shall be defined for the purpose of this Agreement to mean continuous length of service as Contract #1 bus drivers for the Board. Any Board employee who transfers to the bus drivers' group shall be on Step #1 of the current salary scale.
ARTICLE B-2 --- Work Schedule
A. Contract #1
1. Each scheduled Contract #1 run will consist of four hours, including a maximum of thirty (30) minutes a day for warm up of bus, record-keeping, gassing bus, etc.
2. The time will be divided between morning and afternoon and will be continuous time, excepting when an assigned school has a half-day session.
3. Runs are to be arranged at the beginning of the school year as equally as possible.
4. Drivers may exchange runs with one another, when a public school is open and the non-public school is closed or when a public school is closed and a non-public school is open, provided:
a. both drivers mutually agree
b. established route will be followed with no deviation
c. the transportation coordinator has been informed and has given authorization.
B. Contract #2
1. Each scheduled Contract #2 run will constitute a full contract for actual driving time with no extra time for record keeping, etc. Number #3 and #4 under "A" above will also apply to Contract #2.
C. Selection of Contract #1 and #2
1. All scheduled runs will be made up of several routes. These runs will be available, prior to the beginning of each school year, and selection will be according to seniority. Each drive, if possible, will retain previously assigned vehicle.
2. Date for selection of runs shall be established before close of the school year in June. If, for any reason, a driver cannot be present for selection of runs. said driver shall be permitted to contact administration by telephone to select run, at a time agreed by both parties. Said driver cannot be by-passed in selection of run until both parties have agreed by telephone, barring unforeseen problems, which would not allow the two parties to speak to each other. Administration would then assign a run to absent driver.
3. When an entirely new run has been created, i.e. a series of routes have been combined to form a new run, or when a vacancy exists on a existing run, and is it is determined by the board or the existing administration that vacancy is to be filled, said new run shall be posted on the bulletin board in the transportation office for a period of five (5) working days. Any driver who is currently working may select the run within the five (5) day period.
4. New run selection will be submitted by signing and initialing the posted notice.
5. In the assigning of runs referred to above, seniority shall be the deciding factor, provided the selected driver has the necessary qualifications and license. If any open run referred to in this article is not selected, in writing, after being posted for five (5) working days, said run will be filled from outside the Contract #1 driver group.
6. The Board or coordinator may fill any posted vacancy on a temporary basis pending the permanent assignment of a driver in accordance with the provisions of this article.
7. If any driver accepts a Contract #2 and does not fulfill said contract, driver forfeits the right to apply for any new or vacant Contract #2 runs which occur during the balance of the school year or until all other drivers have had the chance to apply.
8. If a Contract #2 run is deleted during the school year, driver of said run may bump the driver of a Contract #2 run with the lower seniority.
9. If any driver refuses a Contract #2, the driver forfeits the right to apply for any new or vacant Contract #2 run which might occur during the balance of the school year until all other drivers have had an opportunity to apply.
10. The Board shall compensate employees for attendance at general meetings called by the Transportation Coordinator or his superior at the extra driving time rate after the first three meetings.
11. The Board and the Association agree to mutually develop a run selection schedule.
D. Extra Driving Time
1. Contract #1 drivers will be paid at the rate agreed for extra driving time. Extra driving includes class/sports trips, substituting on contracted runs and other transporting of students or other assigned driving beyond normal to and from runs per school calendars.
2. If extra driving time is assigned, driver shall be paid a minimum of one-half (l/2) hour for driving that is contiguous to driver's regular run, one (1) hour minimum otherwise. Contiguous time shall mean no more than fifteen (15) minutes from end of regular run to beginning of assigned driving duty. When a driver arrives at school and is then informed that the trip has been canceled, a minimum of two (2) hours, at the rate for extra time, will be paid to said driver.
3. The driver of a canceled trip shall be placed first on the seniority/rotation list.
4. Coordinator, mechanic or any other employee of the board who has a bus driver's license, in addition to a regular contracted job with the board, shall not be assigned to extra driving time until all Contract #1 and Contract #3 drivers have been given the opportunity to accept/refuse. Acceptance or refusal must be given to the coordinator within sixteen (16) hours. A contract #1 driver cannot take extra driving time which would interfere with his/her normal Contract #1 obligations.
5. In an emergency, where time does not permit the coordinator to utilize the seniority/ rotation list, the coordinator has the authority to assign trip to first available Contract #1 or Contract #3 driver. If one of these drivers proves not to be available, any employee with a bus driver's license may be used.
6. All extra driving time will be assigned on a seniority and rotation basis. At least twenty four (24) hours notice must be given to the driver, more if possible. When twenty-four (24) hours notice is not given, refusal of a trip is not considered a turn in the rotation/seniority process. When a driver becomes ill after accepting a trip and does not report for work or becomes ill after reporting for regular run; when a driver is on an official emergency leave such as death in the family or critical illness in the family; when driver is on an extended school holiday, i.e. Christmas, spring vacation, etc., if that driver is contacted after the holiday begins - refusal will not count, acceptance will be counted on the seniority/rotation process. A driver who has a license to drive only Type II will not be asked to take runs on a Type I vehicle. Only refusal of a Type II extra driving assignment will count as that driver's turn. Notification of the availability of extra driving assignments will be place in the mail box of the driver next in rotation prior to either the AM or PM run of that driver.
7. All Contract #1 drivers, to be eligible for extra driving time and Contract #2 substitution, must sign up at the beginning of the school year. A driver signing a contract #1 contract after school begins must sign up within a week after notification of permanent employment. Selection of drivers for extra driving time shall be made from these lists, on a seniority/rotation basis.
8. A trip assignment shall include written address and directions for destination. The driver, upon presentation of receipts will be reimbursed for parking fees when free parking cannot be found within a reasonable distance of the event.
9. Outside contracted busses shall be used only when all Delran busses, with Delran contracted drivers, are positively known to be unavailable.
a. The Board may opt to contract outside busses for trips over 100 miles one way.
10. For inspection only - If available, each Contract #1 driver will take their own bus for inspection twice a year. Contract #1 drivers will substitute for an unavailable Contract #1 driver according to seniority. Contract #3 drivers will be used only when all Contract #1 drivers have refused to drive. A minimum of one hour's pay - at the current rate for extra driving time, will be guaranteed. If more than an hour is necessary, any extra time needed will be compensated at the same rate of pay.
ARTICLE B-3 --- Employees' Duties
All drivers will drive scheduled run as selected, gas bus as necessary, keep all windows clean, keep the interior of the bus litter-free, keep records on a daily basis, report discipline problems to the coordinator, maintain discipline on the bus and obey all state regulations, board and administration policies. State regulations, Board and Administration policies pertaining to transportation shall be given to each driver at the beginning of each school year and whenever new regulations and policies are established.
ARTICLE B-4 --- Employees’ Benefits
A. Sick leave
1. Ten (10) days paid sick leave per Contract #1. This is for contract year and shall be accumulated from year to year with no maximum limit.
B. Reimbursement for driver's license and required physical: A driver shall be reimbursed for charges for required driver's license (bus driver's), physical examination, fingerprinting, and CDL testing as required by the State Motor Vehicle Division. The maximum reimbursement for such itemized bills shall be one hundred and fifty dollars ($150.00) every two (2) years.
C. Reimbursement for court appearance: For the safety of the children, a driver shall be reimbursed for time spent in court when summoned to appear as a witness for the state concerning school bus violations. The rate of reimbursement shall be that of extra driving time.
D. Class Sport Trips
1. When a bus or busses are sent on a trip, each driver may request a contracted Delran School bus driver to ride on the bus for the following reasons:
a. Safety reasons: i.e. unsafe and undesirable parking locations, often a distance from the place where children are dropped off. The driver has to remain with the bus in unsavory areas and has to return to an empty bus after attending an event, locking, and unlocking the bus, particularly at night.
b. Helping with directions: visible, on the job directing, either driver or rider showing good or bad points about using certain roads to reach destination and parking facilities.
c. There will be no salary involved and the rider's work schedule cannot be changed and space should be available on the bus. The driver or rider will not be used as chaperones. The name of the rider must be written on the trip sheet and acknowledged by the coordinator beforehand.
E. Reimbursement
The driver will be reimbursed for tolls and parking when no free parking is available. To be reimbursed, a driver must present receipts to the coordinator.
F. Summer Contract
When a summer contract is offered, either as a driver or an aide, the seniority list shall be used for both contracts unless special qualifications are required.
ARTICLE B-5 --- Seniority and Job security
A. School district seniority is defined as service by appointed employees in the district in the collective bargaining unit covered by this Agreement. An appointed employee shall lose all accumulated school district seniority only if he/she resigns or is discharged for cause, irrespective of whether he/she is subsequently rehired by the school district.
B. In the event of a reduction in force in the district, including reduction caused by the discontinuance of facility for its relocation, the employees in the department involved in the district shall be laid off in the inverse order of seniority. In the event of any Reduction in Force (RIF), district-wide seniority shall apply. The Board shall retain the right to reduce the number of positions when done in good faith and for just cause. Any such reduction as above defined shall only be accomplished in accordance with the following procedure:
The employee(s) affected by such a reduction shall have seniority rights over the most junior employee within his/her current category of employment and those employee(s) thus affected shall retain the same rights in replacing the junior employee in their categories before reverting to the next lower category to exercise seniority rights.
C. In the event that within one year from the date of his her lay-off a vacancy occurs in the classification of his/her last appointment in the department from which he/she was laid off, or in a lesser classification in the same line of work in the department, a laid-off employee shall be entitled to recall thereto in the order of his/her departmental seniority.
D. Notice of recall to work shall be addressed to the employee's last address appearing on the records of the school district by certified mail, return receipt requested. Within fifteen (15) work days from receipt of such notice of recall, the employee shall notify the Superintendent of Schools or his designee, in writing, whether or not he desires to return to the work involved in recall. If he/she fails to reply, or if he/she indicates that he/she does not desire to return to such work, he/she shall forfeit all of his/her seniority and all rights to recall. If he/she indicates that he/she desires to return to the work involved in the recall notice, then he/she shall report for such work within one month from the date he/she receives the recall notice or within a period of time as is set forth in a written extension of time signed by the Superintendent of Schools or his designee. In the event that he/she fails to so report to work, he/she shall forfeit all of his/her seniority and all rights to recall.
| BUS DRIVERS SALARY GUIDE |
 |
| 1991-921992-93 |
|
| $4,729.00$4,760.00 |
| $5,029.00$5,060.00 |
| $5,272.00$5,381.00 |
| MECHANIC SALARY GUIDE |
|
| 1991-921992-93 |
|
| $18,755.00$19,768.00 |
| $19,055.00$20,068.00 |
| $19,590.00$20,389.00 |
| $20,527.00$20,961.00 |
| $21,554.00$21,964.00 |
| $22,580.00$23,063.00 |
| MECHANIC HELPER GUIDE |
|
| 1991-921992-93 |
|
| $14,045.00$14,728.00 |
| $14,345.00$15,028.00 |
| $14,880.00$15,349.00 |
| $15,395.00$15,922.00 |
| $16,037.00$16,473.00 |
| $16,678.00$17,160.00 |
Off Guide Increase 7% 1991-92 & 7% 1992-93
A service increment of $300.00 based on a unit member's cont employment in the Delran Township Public School System shall payable at the issuance of the unit member's tenth, fifteenth twentieth consecutive contract or letter of intent.
Contract #2
1 hour - $2,203.00 1 hour - $2,357.00
1 1/4 hour - $2,754.00 1 1/4 hour - $2,947.00
1 1/2 hour - $3,305.00 1 1/2 hour - $3,536.00
Contracts for the above contract #2 are to be issued by September The above guides are based on 180 days.
EXTRA DRIVING TIME
Rate $12.24 Per Hour 1991-92 Rate $13.10 Per Hour 1992-93
ARTICLE C/M-1 --- Daily Work Hours
1. Schedule Posting - work schedules showing the employees shifts, work days, and hours shall be posted in each school.
2. Work Shift - The following schedule sets the working hours of the various shifts. It is understood that the Board has the right to operate three different standard schedules simultaneously within a department. The Board will notify the Association.
| First shift | - | 7:00 am to | 3:30 pm |
| Second Shift | - | 3:30 pm to | 11:30 pm |
| Third Shift | - | 11:00 pm to | 7:00 am |
Also there is a modifying clause of one hour starting and ending time within the shift with a five (5) working day notice and the employee has the right of refusal with a reasonable excuse.
The work shift for employees assigned to open school:
6:30 am - 3:00 pm
July 1 - August 31: 7:00 am - 3:30 pm
3. Call-in-time - If an employee is called back for duty after the close of his regular shift, this duty not being a continuance of his shift, and not following immediately after the close of his shift, such employee will be paid for a minimum of four (4) hours at the overtime rate.
4. Clean-Up Period - Employees shall be granted five minutes for normal personal clean-up, except when the assigned requires additional time, then reasonable time shall be granted to put away equipment and supplies for personal cleanliness.
5. Coffee Breaks
a. Each employee shall be granted two coffee breaks of fifteen (15) minutes during their eight hour work day.
b. To maintain consistency of work schedule, break times shall be jointly set between the employees and the principal or supervisor and posted. However, employees may take a break at another time where otherwise interruption and continuity of work would result. Employees shall not be required to postpone break time except in an emergency situation.
6. Overtime Work
a. When the board desires to schedule overtime work for members of the bargaining unit, qualified employees in the unit will be scheduled in a continuous cycle by unit seniority, for the work, but they may be scheduled for a shift other than their normally assigned shift with proper differential compensation. This also applies to snow removal.
b. Overtime is defined as any time spent at regular duties or other assigned duties, consistent with the agreement, either before or after daily work hours. Declining to work or failure to work overtime shall constitute a turn for an employee, except when the decline or failure is for reasons beyond the employee's control.
c. If any discrepancy occurs with respect to turns between shifts, the supervisor must be notified in writing before the overtime is worked so that he may have time to change the schedule. If the overtime is worked before the error is detected, the Board's liability shall be limited to granting a make-up turn to the proper employee at his convenience when partial overtime is scheduled. The parties also recognize the need in some cases for exceptions to overtime schedule where exceptions can exist only because of emergency or unavailable qualified personnel.
d. All overtime pay shall be made at the 15th of the month which follows the month during which the overtime is worked, and shall be drawn on the same paycheck with the hours for overtime and shift differential noted on the paycheck as a separate entry.
e. overtime will be posted. If no one wants the overtime, then the least senior person will be assigned. This procedure will be on a rotating reverse seniority basis.
7. Overtime Pay
a. Except as provided in (b) below, time and one-half shall be paid for all hours or part hours worked:
(1) in excess of eight hours in any work day
(2) in excess of forty hours regular shift in any one work week
b. Double time shall be paid for all hours or parts of hours worked:
(1) in excess of forty hours regular shift in any work week if excess falls on Sunday or holiday.
(2) Overtime rates shall not be paid to employees on more than one overtime basis whether hourly, daily or weekly. Overtime payments for all employees shall be computed from the employee's average hourly earnings.
8. Division of Overtime
a. The Board has the right to schedule overtime work. No employee shall be discriminated against or disciplined for failure to work overtime. Employees who indicate they will work overtime or hold Black Seal License will be expected to work as scheduled. The Association, its members, and all employees will, in good faith, comply with this provision.
b. In a school, scheduled overtime work shall be divided as equally as practicable in a continuous cycle approved by the Association among full time employees.
ARTICLE C/M-2
Vacation Schedule
1. Vacation eligibility shall be determined as of July 1st of each year.
2. Vacation times shall be scheduled to coordinate with the work schedule and shall be subject to the approval of the immediate supervisor. Such approval shall not be arbitrarily withheld.
3. Employees shall be eligible for vacation on the following basis:
a. In the first year of employment (ending June 30 of the school year) employees will earn 1 vacation day for each month of employment up to a maximum of ten (10) days.
Example – an employee beginning employment on November 1 will earn eight (8) vacation days (November through June) to be taken in the next school year beginning on July 1.
After the first year of employment, 12-month employees, will be granted two (2) weeks vacation per year.
b. In the fifth (5) year of service, three (3) weeks of vacation per year shall be granted.
c. Employees having completed ten (10) years of service shall be granted four (4) weeks vacation.
d. Dates of vacation shall be agreed upon between the employee and immediate supervisor. Normally, two weeks must be taken during the summer months. Vacations shall be scheduled on the basis of district seniority.
4. In the case of the retirement, lay-off, or death of any employee who is eligible for and has earned a vacation, vacation pay due as of the date of the employee's retirement, lay-off or death will be paid to the employee and his/her estate.
5. Employees who are scheduled for vacation during the week in which a paid holiday falls shall be entitled to take an additional day off, which day shall be the first normally scheduled work day following the vacation.
6. New twelve (12) month employees hired after September who work less than one year shall receive pro-rated vacations days after July 1 for the months worked based on 10 days vacation. For example, 6 months worked equals (=) five (5) days; 4 months = 3.3 days. After this provision is fulfilled the employee will receive vacation as specified in provision #3 of this article.
ARTICLE C/M-3
A. Holidays
1. The following days shall be designated as paid holidays during term hereof, subject to the term and conditions otherwise set forth in this Article:
a. The day before New Year's Day
b. New Year's Day
c. Good Friday
d. Easter Monday
(depending on school closing calendar)
e. Memorial Day
f. Independence Day
g. Labor Day
h. Thanksgiving Day
i. the day after Thanksgiving Day
j. Christmas Day
k. Either the day before or the day
after Christmas (Depending on School Closing Calendar)
l. Two additional holidays to be mutually agreed upon by the employee and his/her supervisor.
m. Martin Luther King Day
2. The aforementioned paid holidays shall be available for all members of the unit who are employed on a twelve month basis. Ten month employee shall be entitled to the above holidays which occur in the term of the contract.
3. A holiday shall be considered generally as one work shift, of the day when the holiday is observed. Holidays which fall on Saturday shall be celebrated on Friday, provided that schools are closed on that day, and holidays that fall on Sunday will be celebrated on the following Monday provided that schools are closed on that day. If schools are open on a day on which a holiday would otherwise be celebrated, the Board and the Association shall schedule a mutually acceptable day on which to celebrate that holiday consistent with the prevailing school calendar.
4. All employees of the bargaining unit must work the day before and after a paid holiday in order to receive holiday pay except in case of illness. A doctor's certificate may be requested for absence on these days.
ARTICLE C/M-4
A. Seniority and Job Security
School District Seniority is defined as service by appointed employees in the school district in the collective bargaining unit covered by this agreement. An appointed employee shall lose all accumulated school district seniority only if he/she:
1. Resigns or is discharged for cause, irrespective of whether he/she is subsequently rehired by the school district.
B. In the event of a Reduction in Force in the district, including reduction caused by the discontinuance of a facility or its relocation, the employees shall be laid off in the inverse order of seniority of the employees in the department involved in the district. In the event of any Reduction in Force (RIF) district - wide seniority shall apply. The Board shall retain the right to reduce the number of positions when done in good faith and for just cause. Any such reduction as above defined shall only be accomplished in accordance with the following procedure:
The employee(s) affected by such a reduction shall have seniority rights over the most junior employee within his/her current category of employment (as listed in the salary guide) and those employee(s) thus affected shall retain the same rights in replacing the junior employee in their categories before reverting to the next lower category to exercise seniority rights.
C. In the event that within one year from the date of his/ her lay- off a vacancy occurs in the classification of his/her last appointment in the department from which he/she was laid-off, or in a lesser classification in the same line of work in the department, a laid-off employee shall be entitled to recall thereto in the order of their departmental seniority.
D. Notice of recall to work shall be addressed to the employee's last address appearing on the records of the school district by certified mail, return receipt requested. Within fifteen (15) work days from receipt of such notice of recall, the employee shall notify the Superintendent of Schools or his designee, in writing, whether or not he desires to return to the work involved in recall. If he/she fails to reply, or if he/she indicates that he/she does not desire to return to such work, he/she shall forfeit all his/her seniority and all rights to recall. If he/she indicates that he/she desires to return to the work involved in the recall notice, then he/she shall report for such work within one month from the date he/she receives the recall notice or within a period of time as is set forth in a written extension of time signed by the Superintendent of Schools or his designee. In the event that he/she fails to so report to work, he/she shall forfeit all of his/her seniority and all rights to recall.
E. Seniority shall not be accumulated during the period of lay-off. Upon recall the appointed employee shall have accumulated seniority to the date of the lay-off.
F. After three years of uninterrupted, continuous service each employee shall be appointed for an unfixed term so as to provide "the tenure protection available to such employees under the provisions of Chapter 132, Public Laws of 1960 (18A:17-3 and 18A:17-4)
G. After completion of sixty (60) days of consecutive employment, no employee shall be dismissed or be subject to a reduction in salary except for inefficiency, incapacity, or conduct unbecoming of an employee. Reasons and a hearing before and determination by the Board of Education, must find that such cause does in fact exist and is sufficient for such dismissal. Should the employee not be satisfied by the determination of the Board of Education, at his request, the matter shall be subject to the usual grievance procedure and will proceed to arbitration at Level III.
H. A part time employee who becomes full time will receive pro-rata credits for seniority by contract hours worked.
ARTICLE C/M-5
A. Placement on the Salary Guide
Each employee shall be placed on his proper step of the salary guide as of July 1 of each school year. Any employee employed prior to February 1 of any school year shall be given full credit for one year of service toward the next increment step for the following year.
B. Resignation
1. An employee who is resigning from his position shall give thirty (30) days notice.
2. Earned vacation shall be paid according to the proportion of full months worked to the total contract year, unless proper notice has not been given.
3. If the full thirty (30) days notice is not given, earned vacation shall be paid only in the same proportion as the amount of notice actually given. For this purpose, twenty (20) full working days shall be used in calculating the amount of notice given by the employee.
C. Assigned Duties
1. At no time shall an employee be assigned any duties outside of his/her appropriate position or general job description.
D. Transporting
1. By the beginning of the 1979 school year, the Board shall cover all damages, losses, and expenses incurred by an employee arising out of the authorized use of his automobile in the performance of school duties.
2. Employees shall be reimbursed per mile at the IRS rate in effect as of July 1 of each contract year if they work at more than one school in a day.
ARTICLE C/M-6
A. An employee may use reasonable force as is necessary to protect himself 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 control of a pupil in the absence of a certified person.
B. Assault
1. The Board shall give full support including legal and other assistance for any assault upon the employee while acting in discharge of his duties.
2. When absence arises out of or from such assault or injury, an employee shall not forfeit any sick leave or personal leave.
3. Benefits derived under this or any subsequent agreement shall continue beyond the period of any Worker's Compensation until the complete recovery of any employee when absence arises out of or from assault or injury.
C. Report on Assault
1. Employees shall immediately report cases of assault suffered by them in connection with their employment to their principal or other immediate supervisor.
2. Such notification shall be immediately forwarded to the Superintendent who shall comply with any reasonable request from employee for information in the possession of the Superintendent relating to the incident or the persons involved, and shall act in appropriate ways as liaison between the employee, the police and the courts.
D. Criminal/Civil Proceedings
If criminal or civil proceedings are brought against an employee alleging that he committed an assault in connection with his employment, such employee may request the Board to furnish legal council to defend his in such proceeding. If the Board does not provide such council and the employee prevails in such proceeding, then the Board shall reimburse the employee for council fees incurred by him in his own defense.
E. Liability Coverage
The Board shall provide proper liability coverage to all members of the bargaining unit including legal counsel.
F. The Supervisor may perform such work normally under his direction as is necessary to maintain an uninterrupted flow of work and normal departmental efficiency, to train employees and to overcome emergencies, to secure the building so long as doing work does not affect the work opportunities of members of the unit.
ARTICLE C/M-7 --- 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 workday.
B. Employee 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.
ARTICLE C/M-8 --- Voluntary Transfers and Reassignments
A. Job Vacancies
1. Job vacancies are open jobs other than of a temporary nature for which the board requires additional employees. Such vacancies will be filled in the following ways:
a. When a job opening occurs, it will be filled by the highest qualified employee who has indicated his preference by submitting an appropriate application for the vacant job.
b. An upgrading or downgrading will be filled by the highest senior employee who has indicated his preference for the job and has the skill and ability required for the job. The employee will be given a thirty (30) day probationary period. If after the thirty (30) days the employee shows he does not have the skill and ability, he will return to his former position.
c. Vacancy notices to be forwarded to the President of the Association including nature of the job, hours, school, shift, and classification.
d. Interested employees should apply as specified in the job vacancy announcement.
e. Persons who are absent through no fault of their own (sickness, etc.) during posting will have the opportunity to indicate their interest in the job during the normal posting period. This pertains to absences other then those covered by formal leaves.
B. Right of Assignment and Transfers
1. The Board will have the right of job assignment on a particular shift within a labor grade.
2. A temporary transfer is defined as a transfer of an employee to any job other than his regularly assigned job and shall not *** a period of four (4) weeks except that employees may be transferred within a labor grade within a unit for a period not exceeding thirty (30) days. Normally the Board will use the employee of lower seniority to fill a temporary position.
3. If a transfer has been made for the period defined above, the condition shall no longer be considered as a temporary condition and thereafter the Board will make a permanent adjustment, However, the duration of a temporary transfer may be extended beyond the above limitation by agreement between the employee and the association. All parties are expected to apply a reasonable application to these limitations taking into consideration the operating problems of the Board. Employees on temporary transfers shall retain and accumulate seniority in their currently assigned unit.
C. Urgency
1. If temporary transfers are required due to reasons other than work not being scheduled or available, the Board may transfer employees without regard to seniority.
2. Payment for temporary transfer: An employee involved in a temporary transfer shall be paid his/her assigned personal rate or the rate of the job to which he is being transferred, whichever is higher.
3. This section shall not limit the Board from assigned an employee to duties within his job description.
D. Physical Disability Transfer
1. All temporary board-incurred disabilities necessitating a temporary transfer will be governed by the temporary provisions of this Article.
2. Non-board incurred permanent disability transfer requests may be made only by employees having ten (10) years board service who are permanently unable to perform their assigned job. Transfers may only be made on jobs held by employees within the lowest three (3) years of board seniority actively employed at the time the request is made. Under such moves the transferee takes full board seniority into the unit to which he transfers. Only one such transfer is permitted unless the job is abolished thereafter.
3. Employees who are permanently unable to perform their regularly assigned job as a result of a board-incurred disability may apply for a permanent transfer subject to the following condition:
The Search by the Board for an appropriate job must be begun first by reviewing jobs held by employees with less than three years seniority and continuing the search at yearly intervals. In no event may the applicant displace an employee with more board seniority. An employee transferred under this section relinquishes recall rights to his former job and carries his full board seniority into the unit wherein the new job is located.
4. An employee who has, as a result of a board-incurred injury, suffered the loss of an eye, or the equivalent of complete amputation of an essential body member, may apply for preferred seniority on his regularly assigned job as long as he is physically able to perform the duties thereof. If the injury prevents his efficient performance on his regularly assigned job, he may request transfer whereupon the Board will attempt to place him in a job commensurate with skill and physical capability. An application approved under this section shall mean that the employee shall not be subject to displacement as long as he is physically capable of efficiently performing the duties of that job. The intent of this section is to protect employees who would find it extremely difficult to obtain other employment due to the type of disability covered under this section.
E. Disability Placement/Salary
1. Disabled employees shall be transferred to a job which the disabled employee is physically fit and has the present skill and ability to perform the work required. The extent of any disability shall be determined by reference to competent medical reports
2. The salary of an employee who does suffer a Board-connected disability will be the same as the salary prior to the injury regardless of the job to which he is transferred.
ARTICLE C/M-9
A. Accumulative Sick Leave
As of July 1, 1989, all 12 month employees shall receive 12 sick days, 10 month employees shall receive 10 sick days each school year as of the first official day of said school year whether or not they report for duty that day. Unused sick leave shall be accumulated from year to year with no maximum.
B. Notification of Accumulation
Employees shall be given a written accounting of accumulated sick leave days no later than September 30th of each year.
C. If any employee otherwise entitled to sick leave under the provisions hereof shall be required to be absent from his post of duty as a result of an accidental personal injury arising out of and in the course of his employment, the Board agrees to pay such employee his full salary or wages for the duration of such absence up to one calendar year from the commencement thereof without charging such absence to the employee's annual or accumulated sick leave.
Such payment shall be made for any absence during the period that the employee received or may have been eligible to receive temporary disability benefits under the Worker's Compensation Law. However, any amount of salary or wages payable to an employee pursuant to this provision shall be reduced by the amount of any Worker's Compensation award or benefits made to the employee for temporary disability (18A:30-2.l.).
ARTICLE C/M-10 --- Pay Days/Shift Differential
1. Shift Differential
a. A twenty ($0.20) cents per hour shift differential will be paid to the second and third shift employees for all hours worked on the second and third shift.
b. The schedule for payment of shift differential will be as follows:
September hours to be paid on: 10/15
October to December hours to be paid on: 1/15
January to March hours to be paid on: 4/15
April to June hours to be paid on: 7/15
2. Persons holding a Black Seal License shall receive an additional compensation of $525.00 during the first year of the contract and $550.00 during the second year.
a. Anyone hired after January 1, 1988 must make a reasonable effort to receive a Black Seal License within one year.
3. Pay Days
a. If pay checks are available, the night shift will receive their checks the night before if the pay day falls on a Friday, a holiday or a vacation.
b. All unit members shall receive the second December pay on the last scheduled work day before the Christmas Vacation.
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