AGREEMENT

between

THE OCEAN TOWNSHIP BOARD OF EDUCATION

and

THE WARETOWN EDUCATION ASSOCIATION

for the period covering

July 1, 2014 through June 30, 2015

TABLE OF CONTENTS

ARTICLEPAGE

Preamble…………………………………………………………………………..1

1Recognition………………………………………………………………………..1

2Modification……………………………………………………….……………...2

3Grievance Procedure……………………………………………………………...2

4Employee Rights…………………………………………….…….……………...5

5Association Rights and Privileges………………………………………………...5

6Work Year………………………………………………….……………………. 6

7Work Day…………………………………………………………………………7

8Employment Procedures…………………………………………..…………… 9

9Seniority…………………………………………………………………………..10

10Salaries, Salary Procedures and Other Compensation………………………….. 10

11Complaint Procedure……………………………………………………………. 13

12Teacher Facilities………………………………………………………………... 13

13Sick Leave………………………………………………………….……………14

14Temporary Leaves of Absence………………………………………………….. 16

15Extended Leaves of Absence……………………………………………………. 17

16Protection of Employee’s Property……………………………………………… 19

17Insurance…………………………………………………………………………. 20

18Tuition Reimbursement………………………………………………………….. 20

19Dues Deductions…………………………………………………….…………... 21

20Evaluation and Personnel Records………………………………………………. 22

21Miscellaneous Provisions………………………………………………………... 22

22Duration of Agreement…………………………………………………...... 23

Schedule A-1 Teacher Salary Guide2014-2015…….. 24

Schedule B-1 Secretaries’/Sub Caller/Trans. Coord. Salary Guide2014-2015……...25

Schedule C-1 Custodians’ Salary Guide2014-2015…….. 26

Schedule D-1 Assistants’ Salary Schedule2014-2015…….. 27

Schedule E Cashier /Lunch/Recess

Aides’ Hourly Rates2014-2015…….. 28

Schedule F-1 Cafeteria Workers’ Salary Schedule2014-2015…….. 29

PREAMBLE

This Agreement entered into as of the first day of July, 2014 by and between the Board of Education of the Ocean Township, the City of Waretown, New Jersey, hereinafter called the “Board” and Waretown Education Association, hereinafter called the “Association”.

ARTICLE 1

RECOGNITION

  1. Unit

The Board hereby recognizes the Association as the exclusive and sole representative for collective negotiation concerning grievances and terms and conditions of employment for all certified teachers, assistants (instructional, media, lunch/recess), secretaries (except the Superintendent’s Secretary), cafeteria staff (cafeteria worker, cafeteria cashier/worker) and custodians whether under contract, on leave, employed or upon employment by the Board, all full and part-time employees, excluding all supervisory employees within the meaning of the PERC Act.

  1. Definition of “Teacher”

Unless otherwise indicated, the term “Teacher”, when used hereinafter in this Agreement, shall refer to all certified teachers represented by the Association in the negotiating unit as listed in A. above.

  1. Definition of “Secretary”

Unless otherwise indicated, the term “Secretary”, when used hereinafter in this Agreement, shall refer to all secretaries represented by the Association in the negotiating unit as listed in A. above.

  1. Definition of “Support Staff”

Unless otherwise indicated, the term “Support Staff”, when used hereinafter in this Agreement, shall refer to all cafeterias staff, assistants and custodians represented by the Association in the negotiating unit as listed in A. above defined.

  1. Definition of “Employee”

Unless otherwise indicated, the term “Employee” when used hereinafter in this Agreement, shall refer to all members of the bargaining unit listed in A. above.

  1. References to male employees shall include female employees.
  1. Headings

Headings to sections in the contract, which use the terms in B., C., D. or E. above limit section coverage to the cited sub-group(s).

  1. A newly-hired employee in any position listed in A. above shall be excluded from coverage under Article 14, A., Article 17, B. and Article 17, C. until the 90th day after his/her first workday.
ARTICLE 2

MODIFICATION

This Agreement shall not be modified in whole or part by parties except by an instrument in writing duly executed by both parties.

ARTICLE 3

GRIEVANCE POCEDURE

  1. Definitions

1. Grievance

A “grievance” is a complaint by an employee or the Association based upon the interpretation, application, or violation of this Agreement, policies or administration decisions and practices affecting an employee or a group of employees.

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, might be taken in order to resolve the claim.

  1. Immediate Supervisor

For the purposes of this Article, the “immediate supervisor” is the District employee to whom the employee or employees report. Custodians’ immediate supervisor is the Head Custodian. Cafeteria employees’ immediate supervisor is the Cafeteria Manager.

  1. Purpose

The purpose of this procedure is to secure, at the lowest possible level, solutions to the problems, which may from time to time arise affecting employees. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of the procedure.

  1. Procedure
  1. Time Limits

The number of days indicated at each level should be considered as a maximum and every effort should be made to expedite the process. The time limits specified may, however, be extended by mutual agreement.

  1. Year End Grievances

In the event a grievance is filed at such time that it cannot be processed through all the steps in this grievance 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 a party in interest, the time limits set forth herein may be reduced with mutual consent so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicable.

  1. Level One – Principal or Immediate Supervisor

An employee with a grievance shall discuss the matter with his/her principal or immediate supervisor in an n attempt to resolve it. If this discussion does not resolve the matter to the satisfaction of the employee, he/she may file a written grievance. In order to be timely, a written grievance must be filed within fifteen (15) days of the occurrence of the aggrieved matter. The principal or immediate supervisor shall respond in writing to a written grievance within seven (7) days of its receipt.

  1. Level Two-Superintendent of Schools

If the aggrieved person is not satisfied with the disposition of his/her grievance at Level One, or if no decision has been rendered within seven (7) days, he may file the grievance in writing with the Superintendent within seven days of when the response was issued or when the response should have been issued whichever is sooner. The Superintendent shall acknowledge receipt of the grievance and schedule a conference with the affected party or parties of grievance and schedule a conference with the affected party or parties of interest at which time the Superintendent shall hear the position of the grievance and consider the relief sought. Within ten (10) days the Superintendent shall render his written decision to the aggrieved person or persons.

  1. Level Three – Board Grievance

If the aggrieved person is not satisfied with the disposition of his grievance at Level Two, or if no decision has been rendered with ten (10) days after the presentation of the grievance, he may file the grievance with the Board Grievance Committee in writing within seven (7) school days of when the response was received or should have been received, whichever is sooner. The Grievance Committed shall respond to the grievance in writing within fifteen (15) school days

If ether party believes a joint hearing would clarify the grievance, this hearing may be conducted by mutual consent of both parties. If a hearing is decided upon, the Board Grievance Committee may have an additional five (5) school days to render its decision.

  1. Level Four – Arbitration

a.If Association is not satisfied with the disposition of the grievance at Level Three, or if no decision has been rendered within the time lines set forth in 5. above, it may submit the grievance to above, it may submit the grievance to arbitration, within seven (7) days after the response was received from the Board Committee or should have been received, whichever is sooner.

  1. b. 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 to obtain such a commitment within the specified period, a request for a list of arbitrators may be made to the Public Employment Relations Commission by either party. The parties shall then be bound by the rules and procedures of PERC.
  1. c. The arbitrator shall limit him/herself to the issues submitted to him/her and shall consider nothing else. He can add nothing to nor subtract anything from the agreement between the parties. The decision of the arbitrator shall be final and binding upon parties. Only the Board and the aggrieved and his representative shall be given copies of the arbitrator’s award.

d.In the event that arbitrability of a grievance is at issue between the parties, jurisdiction to resolve the issue shall rest solely with the arbitrator selected in accordance with the provisions of Section C.6.b. of this Article.

  1. The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses and the cost of the hearing room shall be borne equally by the Board and the Association. Any other expenses and fees incurred shall be paid by the party incurring same.
  1. Rights of Employees to Representation
  1. Employee and Association

Any aggrieved person may be represented at all stages of the grievance procedure by himself, or, if at his option, by a representative selected or approved by the Association. When an employee is not represented by the Association, the Association shall have the right to be present and to state its views at all stages of the grievance procedure.

  1. Reprisals

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.

  1. Miscellaneous
  1. Written Decisions

Decisions rendered at Level One which are unsatisfactory to the aggrieved party and all decisions rendered at Levels Two and Three of the grievance procedure shall be in writing setting forth the decision and the reasons therefore and shall be transmitted promptly to all parties in interest and to the Association. Decisions rendered at Level Four shall be in accordance with the procedures set forth in Section C., 6 c. of this Article.

  1. 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.

  1. Grievance Forms

Forms for filling grievances, serving grievance notices, taking grievance appeals, and making grievance reports and recommendations, and other necessary documents shall be prepared jointly by the Chief School Administrator and the Association and given appropriate distribution so as to facilitate operation of the grievance procedure. Cost for preparation of said forms will be equally shared by the Association and Board.

ARTICLE 4

EMPLOYEE RIGHTS

A. Just Cause Provision

No employee shall be discharged, disciplined, reprimanded, reduced in rank or compensation, or deprived of any professional advantage, without just cause. Any such action assented by the Board, or any agent or representative thereof, shall be subject to the grievance procedure herein set forth.

  1. Required Meetings or Hearings

Whenever any employee is required to appear before any administrator or supervisor, Board or any committee, member, representative or agent thereof concerning any matter which could adversely affect the continuation of that employee in his/her office, position of 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 a representative of the Association present to advise him/her and represent him/her during such meeting or interview. All suspensions will be in accordance with state statutes.

  1. Criticism of Employees

Any criticism by a supervisor or administrator of an employee shall be made in confidence and not in the presence of students, parents and co-workers, except in an emergency.

  1. Association Identification

No employee shall be prevented from wearing pins or other identification of membership in professional organizations.

ARTICLE 5

ASSOCIATION RIGHTS AND PRIVILEGES

  1. Information

The Board agrees to make available to the Association in response to reasonable requests from time to time all available public information.

  1. Released Time for Meeting

Whenever an employee is required to appear for a grievance procedure and/or negotiations during scheduled working hours that time shall be without the loss of pay.

  1. Use of School Buildings

The Association and its representatives may request the right to use school buildings at all reasonable hours for meetings. The principal of the building in question shall be notified one (1) working day in advance of the time and place of all such meetings. In the event of conflicting schedules, alternate facilities, mutually agreed upon, will be used by the Association.

  1. Use of School Equipment

The Association may request the right to use school facilities and equipment, at reasonable times, when such equipment is not otherwise in use. The Association shall pay for the reasonable cost of all materials and supplies incident to such use, and for any repairs necessitated as a result thereof. Request for use of school equipment will go through the Superintendent and will include fax, telephone and e-mail.

ARTICLE 6

WORK YEAR

A. Teachers

1.Ten (10) Month Personnel

The in-school work year for teachers employed on a ten month basis shall not exceed 184 days.

2.Definition of In-School Work Year

The in-school work year shall include those days when assigned pupils are scheduled for attendance and any other days(s) when teacher faculty attendance is mandatory.

3.Inclement Weather

Teacher attendance shall not be required whenever student attendance is not required due to the inclement weather.

  1. Secretaries and Support Staff

1.

a.The work year for secretaries employed on a ten month basis shall be from September 1 to June 30. The work year for secretaries and support staff employed on a twelve month basis shall be from July 1 to June 30. Between the first day teachers’ work and through the last day teacher’s work, the secretarial calendar shall be the same as teachers.

b.During recess days, secretaries shall report to work only if called by their supervisor and he also is on the job. In the event that a secretary works on such a day, she shall be given another, mutually agreeable day off.

2.The work year for support staff employed on a ten month basis (including cafeteria staff, but excluding custodians) shall be from September 1 to June 30, when school is in session as established by the school calendar, not to exceed 184 days.

3.Inclement Weather

  1. Secretaries shall report for work only if called by their supervisor and he also is on job.
  1. Support staff will not report when there is a school closing except custodians.
  1. If a staff employee comes to work on a regularly scheduled day on the school calendar and school is called off will be compensated for one hour.

4.Holidays

  1. Twelve month custodians shall receive the following paid holidays & ten month custodians shall receive the same holidays as 12 month custodians except for Independence Day

Independence DayChristmas

Labor DayNew Year’s Eve

Columbus DayNew Year’s Day

NJEA Convention – 1day*Martin L. King Day

Veteran’s DayPresident’s Day

Thanksgiving DayGood Friday

Friday after ThanksgivingMemorial Day

Christmas Eve

*Effective July 1, 2000, one (1) floating holiday per custodian will replace “NJEA Convention – 1 day”. A custodian must receive the written approval of the Superintendent in order to schedule such a day.

  1. Vacation
  1. Twelve month employees shall receive:

1. one week after first full year

2. two weeks after two complete years of employment

3. three weeks after ten complete years of employment

b.Unless otherwise approved by the Superintendent, secretarial vacation will be taken during the summer months and arrangements will be made through the supervisor prior to June 30.

1. Secretaries will be permitted to carry-over 5 vacation days.

c.Custodians may take vacation any time during the year with the advanced, written approval of the supervisor and only such approval shall not be arbitrary.

  1. Vacation time must be utilized during the twelve (12) months after earned. Custodians may carryover five (5) vacation days into the next year only.

ARTICLE 7

WORK DAY

A.Teacher, Instructional and Media Assistants

1.Length of Day

The arrival and departure times for all teachers and instructional assistants shall be designated by the Chief School Administrator, however, their total in-school workday, defined in 2. shall consist of not more than six hours and fifty-five minutes, which shall include a duty-free lunch period as guaranteed to teachers under Section B. of this Article.

2.Arrival and Dismissal Time

The teachers’, instructional assistants’ and media assistants’ in-class workday shall include an arrival time fifteen (15) minutes before the start of the pupils’ day and a dismissal time ten (10) minutes after the pupils’ day ends. Special permission may be granted for an earlier teacher, instructional assistant and media assistant dismissal time by the building principal.

3.Contact Time - Teachers

The daily teaching load for teachers shall not exceed six (6) hours of pupil contact, except during an emergency which shall be determined by the Chief School Administrator and Association on a mutual consent basis.

4.Release Time – Instructional Assistants and Media Assistants

Full-time instructional and media assistants shall be entitled each day one a.m. and one p.m. break not to exceed 15 minutes, the purpose of which shall be to complete clerical duties and for personal needs. Breaks will be mutually scheduled by the assistant and the teacher in charge and will be approved by the supervisor, in addition to their lunch period under 6. below.

5.Instructional Planning

Each teacher will prepare and conduct a weekly educational objective plan subject to review by the principal, one week prior to conduct as part of his/her “Plan Book”.

6.Lunch Periods

Full-day teachers and full-day instructional and media assistants shall have a daily duty-free lunch period equivalent in length of time to students’ lunch period. Teachers may be required to have lunch duty during one student lunch period.

a. On in-service days the secretaries/custodians will receive the same amount of lunchtime as the other staff.