BRIDGETON PUBLIC SCHOOLS
Bridgeton, New Jersey
BRIDGETON BOARD OF EDUCATION
BRIDGETON ASSOCIATION OF NON-TEACHING SPECIALISTS
FOR SCHOOL YEARS: 2009 – 2012
(Beginning July 1, 2009, Ending June 30, 2012)
BANTS Rights and Privileges
Employment and Salaries
Terms of the Agreement
The Board of Education, hereafter called the Board, hereby recognizes the Bridgeton Association of Non-Teaching Specialists, hereafter called the BANTS, as the majority and exclusive representative of psychologists, child student team social workers, non-child study team social workers and learning disability teacher consultants for the purpose of collective negotiations concerning terms and conditions of employment.
Unless otherwise indicated, the term employee when used hereinafter shall mean all employees eligible for representation by the BANTS, and reference to male employees shall include female employees as well.
The negotiating unit as defined in 1.1 includes employees on authorized leaves of absence as well as employees under contract.
No substitute employees shall be represented by the BANTS.
Only classes of employees specifically mentioned in 1.1 shall be included in the present negotiating unit.
The Board and the BANTS agree to enter into collective negotiations over a successor Agreement in a good effort to reach agreement on all negotiable matters concerning terms and conditions of employment.
The BANTS shall submit to the Board a complete list of negotiation proposals for the successor agreement to this document on or before the first negotiating session between the parties which shall be held no later than 120 days prior to the Board’s budget submission date.
Neither the Board nor the BANTS shall have any control over selection of the negotiating team of the other part.
During negotiations, the Board and the BANTS negotiating teams shall have the right to present relevant data, to exchange points of view and to make proposals and counterproposals.
The Board shall make available to the BANTS upon specific request all records, data and public information of the Bridgeton, New Jersey, School District that the Board and BANTS deem pertinent to the negotiations.
Any successor Agreement shall apply to all employees in the negotiating unit.
Any successor Agreement shall be reduced to writing and adopted and signed by the ABA and Board.
If a negotiations session is postponed by either party, it shall be rescheduled within the succeeding ten (10) calendar days except by mutual agreement.
A grievance shall mean an allegation by an employee of the BANTS that a provision of this Agreement has been violated or that an administrative decision above this level was unsatisfactory.
Step 1 – Any employee who has a grievance shall discuss it first with his immediate supervisor in an attempt to solve it informally. All grievances must be filed within thirty (30) calendar days of their occurrence.
Step 2 – If the aggrieved employee is not satisfied with the decision at Step 1, he may appeal that decision to the Superintendent within ten (10) school days after he receives the decision at Step 1. This grievance shall be filed on the proper form. The date, time, place and Article of the Agreement which he feels was violated must be stated on this form. Within five (5) school days after receipt of the written grievance, the Superintendent shall communicate his decision, in writing, to the employee, giving reasons for his decision. A copy of the decision shall be sent to the chairman of the Professional Relations Committee of the BANTS.
Step 3 – If the aggrieved employee does not accept the decision rendered at Step 2 above, he shall have the right to appeal the decision rendered to the Professional Relations Committee. Within ten (10) school days after the decision in Step 2 is rendered, the Professional Relations Committee shall determine the merit of the grievance; (a) if it is concluded that the grievance has merit, it shall be recommended that the decision rendered in Step 2 be appeal to the Board; (b) if it determined that the grievance has no merit, the Professional Relations Committee shall so advise the person or persons and a copy of the decision shall be forwarded to the Superintendent; (c) if the aggrieved person (or persons) is not satisfied with the decision of the Professional Relations Committee, an appeal may be made to the Board of Education; (d) if the aggrieved party does not accept the decision rendered in Step 2, an appeal may be made directly to the Board without the Professional Relations Committee reviewing it; (e) any appeal to the Board shall be writing fifteen (15) school days after the decision in Step 2 is rendered and shall be in writing stating the grievance and the reasons for not accepting the decision rendered in Step 2; (f) within fifteen (15) school days after receipt of the written appeal, the full Board shall hear the grievance; (g) within fifteen (15) school days after hearing the grievance, the Board shall notify the person (or persons) of its decision in writing, stating reasons for its decision and sending a copy of its decision to the chairman of the Professional Relations Committee.
Step 4 – If the aggrieved employee does not accept the Board’s decision rendered in Step 3, within five (5) school days after the decision in Step 3 is rendered, he shall request, in writing, that the chairman of the Professional Relations Committee submit his grievance to arbitration. A copy of such request shall be sent to the Superintendent of Schools.
(a) If the Professional Relations Committee determines that the grievance should be pursued, it shall notify the member or members concerned and the Board of its decision and recommend that the grievance be submitted to arbitration not later than fifteen (15) school days after receipt of the request from the aggrieved employee.
Nothing contained in this Article shall prevent the aggrieved person or persons from exercising his/her right to pursue the grievance in accordance with the provision of the BANTS contract or any applicable statutes.
Within ten (10) school days after such written notice, the Board and the Professional Relations Committee or the individual in question shall attempt to agree on a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve.
If the parties are unable to agree on an arbitrator or to obtain a commitment from an agreeable arbitrator within a specified period, a joint request shall be made to the American Arbitration Association to submit a roster of persons qualified to function as an arbitrator in the dispute in question.
If the parties are unable too pick a mutually acceptable arbitrator from the submitted list, they shall request the American Arbitration Association to submit a second roster of names.
If the parties are unable to agree on a mutually acceptable arbitrator within ten (10) school days after the second roster of names is received, either party may request that the American Arbitration Association designate an arbitrator.
The arbitrator shall render a decision based on the issues submitted to him and shall consider nothing else. He can add nothing to, nor subtract anything from, the agreement between the Board and the BANTS. The arbitrator shall be without power or authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of this agreement. The arbitrator shall render his decision not later than twenty (20) school days after hearings have been completed. It shall be in writing and shall give his findings and reasons for the decision. The decision of the arbitrator shall be final and binding on both parties.
Only the Board and the aggrieved employee and his representative shall receive copies of the arbitrator’s decision.
Fees and expenses of the arbitrator, including costs of the hearing room, shall be shared equally by both parties. Each party shall bear the expenses incurred by them.
If the arbitration proceedings require the aggrieved employee or his Board-employed representatives to leave their regular places of employment, and if their absence necessitates the services of substitute employees, the Board will pay the cost of the substitutes; but the time lost by the aggrieved employee and his representative shall be without pay.
Step 5 – Failure at any step of this procedure to communicate the decision on a grievance within the specified time limits shall permit the aggrieved employee to proceed to the next step. Failure at any step of this procedure to appeal a decision within the specified time limit shall be deemed to be acceptance of the decision rendered at that step.
Step 6 – Any aggrieved employee may be represented at any or all steps on this procedure by him, or, at his option, by a representative selected or approved by the BANTS. When an employee is Not represented by the BANTS, the BANTS shall have the right to be present and to state its views at any or all steps of the proceedings.
No reprisals of any kind shall be taken by the Board against any employee represented by the BANTS for his having participated in a grievance proceeding.
All documents, communications and records dealing with the processing of a grievance shall be kept in a separate grievance file and shall not be kept in the personnel file of any of the participants. All communications related to grievances shall be in writing.
Forms for filing grievances, service notices, filing appeals, making reports and recommendations, and other necessary documents shall be prepared jointly by the Superintendent of Schools and the BANTS and given appropriate distribution in order to facilitate smooth functioning of the grievance procedure.
Nothing contained herein shall be construed to deny or restrict to any employee such rights as he may have under New Jersey School Laws or other applicable laws and regulations. The rights granted to employees hereunder shall be deemed to be in addition to those provided elsewhere.
No employee shall be disciplined, reprimanded, reduced in rank or compensation, or deprived of any professional advantage without just cause. Any such action asserted by the Board, or any agent or representative thereof, shall be subject to the grievance procedure set forth in Article Three.
Whenever any employee is required to appear before the Superintendent, Board, or any committee or member thereof, concerning any matter which could adversely affect the continuation of that employee in his office, position, employment or any salary or any increments pertaining thereto, then he shall be given prior written notice of the reasons for such meeting or interview and shall be entitled to have a representative of the BANTS present to advise him and to represent him during such a meeting or interview.
Evaluations and observations shall be performed only by those professional administrative employees possessing an appropriate supervisory certificate issued by the State Board of Education. Those who do evaluate must be employed in a supervisory or administrative capacity. BANTS members shall be evaluated at least one time each school year. All evaluations and observations will be in accordance with State statute and regulations.
For the purpose of computing salaries, new employees shall be given credits as per Board policy in outside employment. Employees shall be given credit as required by law for military service. No new employee, covered by this Agreement, shall be placed on a step higher than an employee with the same years’ experience.
BANTS RIGHTS AND PRIVILEGES
The Board agrees to furnish to the BANTS, in response to specific and reasonable requests, available information concerning the financial resources of the district, including annual financial reports, school audits, register of certificated personnel, enrollment data, names and addresses of all employees, and agenda and minutes of all public meetings.
Whenever any representative of the BANTS or any employee is mutually scheduled by the parties to participate during working hours in negotiations, grievance proceedings, conferences or meetings, he shall suffer no loss in pay and shall not be charged with a personal day.
Representatives of the BANTS, the New Jersey Education Association and the National Education Association, with permission of the Superintendent, shall be permitted to transact official BANTS business on school property, provided that this shall not interfere with or interrupt normal school operations.
The BANTS and its representatives shall have the privilege of using school buildings at all reasonable hours for meetings. Approval of the Superintendent shall be required. The Superintendent will notify the building principal.
The BANTS shall have the right to use the inter-school mail facilities and school mailboxes as it deems necessary.
The rights and privileges of the BANTS and its representatives as set forth in this agreement shall be granted only by the BANTS as the majority and exclusive representative of employees eligible for representation by the negotiating unit as defined in Article One.
The Board agrees to withdraw a Representation Fee in the manner of automatic payroll deduction from the pay of employees certified by BANTS and/or NJEA as non-members. The Representation Fee to be paid by non-members will be determined by the Association in accordance with the law for members of BANTS, CCEA, NJEA and NEA. Non-members are those eligible to join BANTS and the United Professional Organizations, but do not join and/or are covered under the recognition clause in Article 1.1.
The BANTS and/or NJEA shall notify the Board on or before October 30 of each school year who are non-members. The BANTS and/or the NJEA shall notify the Board of changes or additions in member/non-member status throughout the year so that the Representation Fee can be deducted or canceled, whichever is applicable.
The BANTS and/or NJEA shall notify the Board the amount of yearly total dues on or before October 30 of each school year.
The Association agrees to indemnify and hold the Board harmless against any liability which may arise by reason of any action taken by the Board as it applies to this Article.
EMPLOYMENT AND SALARIES
All employees shall be given tentative written notice of work assignment and building assignment for the forthcoming year not later than the last BANTS workday. This is a tentative notice and any changes shall not be subject to the grievance procedure.
The BANTS work year shall be no more than 196 instructional and/or in-service days for all members and two (2) additional orientation days for all members new to the district.
The balance of the 196 days that extend beyond the confines of the school calendar shall be scheduled contiguously to the beginning and/or end of the school calendar. BANTS shall receive notice of the commencement date of work no later than May 30th.
All BANTS members assigned to the Administrative Office Building will work from 8:00 AM to 4:00 PM. Employees will be assigned to the Administrative Building at the discretion of the Superintendent of Schools or his designee. Those BANTS member assigned to individual school buildings will work a seven and one half (7 ½) hour day in coordination with the assigned building’s hours and will receive a duty free lunch period applicable to the building to which they are assigned each day. Itinerant personnel will be required to give destination upon leaving the building during working hours. BANTS members will sign in and out in the main office when visiting district building sites.
BANTS members shall have a duty-free one-hour lunch period, unless they are assigned to an individual school building.
BANTS members will not be required to transport a student without a written direction from the Superintendent of Schools or his/her designee.
All BANTS members employed during the summer shall be paid on a per case basis according to the following rates and scheduled.
Employees with a masters or Ph.D. Degree:
Employees with a Bachelors Degree:
$200.00 upon completion of the eligibility conference and formal evaluation including full procedure and report (psychological evaluation, LDTC learning evaluation and social history).
Re-evaluations in which there is a review and no further assessment is required shall be paid at the rate of $75.00.
Re-evaluations in which further assessment and a formal report is required shall be paid at the rate of $200.00.
$75.00 upon completion of the IEP meeting and development and placement determination.
$180.00 upon completion of the eligibility conference and formal evaluation, including full procedure and report (psychological evaluation, LDTC learning evaluation and social history).
Re-evaluations in which there is a review and no further assessment is required shall be paid at the rate of $65.00.
Re-evaluations in which further assessment and a formal report is required shall be paid at the rate of $180.00.
$65.00 upon completion of the IEP meeting and development and placement determination.
IEP and Placement determination shall be completed for each case no later than ten (10) working days from the start of the Teachers School Calendar.
BANTS employees shall have the first opportunity to apply for summer work listed in 6.6.
The salary schedules for all employees eligible for representation by the BANTS negotiating unit are set forth in the salary schedule which is attached hereto and made a part of this agreement.
Employees shall be given longevity payments of $500 after 25 years’ service in the district.
Employees will receive their paychecks on the fifteenth (15th) and thirtieth (30th) day of each month or the last working day prior to the regular payday.
6.10 The Board and the BANTS agree that the extracurricular activity listed below is educationally worthwhile. Therefore, the BANTS agrees that for the salary consideration set forth herein, the Board, in the absence of applications to fill all positions, may assign BANTS members to fill said position.
EXTRA CO-CURRICULAR SALARY
EDUCATIONAL IMPROVEMENT: Eligibility for reimbursement is entirely dependent upon the employee’s meeting the State requirements for permanent specialist certificate and the completion of his Bachelor’s Degree. The Board agrees to reimburse employees the tuition cost of up to nine (9) graduate credits per year. The completion date of the course will determine the contractual year in which the employee is eligible for reimbursement.
Reimbursement shall be based on Rowan College’s current rates for graduate courses of study and the presentation of evidence of a grade of B or better or passing in a pass/fail course to the Superintendent of Schools not later than April 30 for courses taken during the Fall Semester and not later than December 1 for courses taken during the Spring Semester and the Summer months. The maximum payment by the Board shall not exceed $18,412.00 for the 2009-2010 school year, plus 5% per year for the remaining two years of this agreement. This money will be disbursed on a first-come basis until funds are depleted.
To be eligible for reimbursement, graduate course must have prior approval by the Superintendent of Schools and must be in your education field or related to the employee’s work and must be actually taken during the school year for which reimbursement is requested. Carry-over of credits from one year to another for the purpose of increased reimbursement shall not be permitted.
Reimbursement is also available for undergraduate courses when staff who already hold an instructional certificate wish to return to school to become certified in hard to fill area(s). To be eligible for reimbursement, these courses must have prior approval by the Superintendent of Schools or his/her designee.
When the BANTS member submits the bill after the course or courses have been successfully completed, the BANTS member must be under contract and have full intention to continue employment in the Bridgeton Public School system. In the event that the BANTS member voluntarily terminates his/her employment in the district less than one full academic year (July 1 to June 30) after successfully completing the course for which he/she is reimbursed, then the BANTS member shall repay the Board for 100% of his/her reimbursement. Example: If a BANTS member completes a course in December 2009, in order to avoid having to reimburse the board 100%, the BANTS member is obligated to remain in the district for one year (July 1, 2010 to June 30, 2011). If a BANTS member completes a course in June 2010, in order to avoid having to reimburse the Board 100%, the BANTS member is obligated to remain in the district for one school year (July 1, 2011 to June 30, 2012).
Any BANTS member who must reimburse the Board must make said repayment within sixty (60) days of leaving the district.
The School Business Administrator, or his/her designee, will inform the Association President, or his/her designee when the $9,206.00 halfway threshold has been met.
Once $9,206.00 has been properly committed for reimbursement of graduate courses (proper paperwork is approved for reimbursement), the remaining $9,206.00 will be distributed in the following order:
a. To tenured BANTS who are in graduate programs
b. To tenured BANTS who are in certificate programs
c. To tenured BANTS
d. To non-tenured BANTS
Those funds not committed by February 1 may become available to other unit members.
Employee taking courses must sign a contract agreeing to repayment in accordance with this Article.
All employees shall be granted ten (10) days sick leave for ten (10) month contracts and twelve (12) days sick leave for twelve (12) month contracts. Unused sick leave shall be accumulated from year to year with no maximum limit.
All employees shall receive two (2) days leave of absence with full pay for personal, legal, business, household or family matters which require absence during school hours, by submitting a request in writing to the Superintendent forty-eight hours before the leave is to commence. The applicant for such leave shall not be required to state the reason for taking such leave other than that he is taking it under this Section. This leave may not be taken on a day immediately preceding or succeeding a holiday. Unused personal leave days may become accumulated from year to year as sick days and go into the individual’s sick day bank. All personal leave requests after May 31 of each year must be accompanied by a reason and the Superintendent of Schools may disapprove the personal leave request after May 31st, in the event that he determines, in his sole discretion, that the reason is not sufficient.
The Board shall reimburse the employee for travel on professional business. When a personal auto is used for school business, reimbursement for travel shall be at the state reimbursement rate per mile. The district’s standard travel voucher will be used. Vouchers for reimbursement of expenses must be submitted within ninety (90) days of the occurrence in order to be honored by the Board. If travel includes toll, the toll shall also be reimbursed.
The Board will approve as appropriate three (3) tax-sheltered annuity programs as long as there are at least five (5) members in each program.
Employees may individually elect to have monthly deductions from their salaries in elected denominations for payment to the CUMCO Federal Credit Union. However, the amount of the monthly deduction elected initially shall remain in effect until July 1, at which time the employee may elect to change and establish the amount of the deduction until the ensuing July 1. All requests for a change in the amount of the monthly deduction must be made on or before July 1.
Employees desiring to establish such an arrangement shall notify the Payroll Office and complete all required forms.
INSURANCE: The Board shall given written notification at the time of hiring of all employees new to the district, that the responsibility for filling out the proper cards rests with the employee. No employee shall be covered unless he has requested coverage and has signed the necessary documents.
The Board shall pay the full premium for employee, family and dependent coverage where eligible, which consists of Horizon Blue Cross/Blue Shield or an equivalent plan. Such premium payments shall be for the full twelve (12) month period of the coverage year and continue every year thereafter for all employees covered by this Agreement, effective July 1, 2006.
To be eligible for the benefits set forth in this article, unit employees must work a minimum of 30 hours per week.
The Board agrees to pay full family drug and prescription plan. Co-pay will be $15.00 brand name/$5.00 generic/$5.00 mail-in. Carrier to be named by the Board.
The Board shall provide Full Family Dental Plan identified as Delta Dental Plan of New Jersey, Inc., premium to be paid by the Board of Education for all employees in the bargaining unit. Said plan shall provide the following:
(1) 50/50 co-pay;
(2) $1,000 maximum benefit for each family member per year;
(3) Orthodontic coverage not to exceed a maximum of $1,500 per lifetime.
7.11 An employee may elect to forego medical health benefits (not including prescription and dental) and receive a cash payment of $3,000 at the end of June each school year pursuant to the provisions outlined below. Said payment is not part of the employee’s salary nor is it pensionable. The Board shall establish a Section 125 plan. The individual unit member is responsible for all tax liability.
The employee must opt out of the medical insurance for the entire school year.
The employee must demonstrate, in writing that he/she has alternative health coverage prior to opting out.
An employee who opts out may only restore coverage during the course of the year in which insurance coverage was declined based upon the provisions outlined below.
An employee who has waived his/her medical benefit coverage will be allowed to restore such coverage on an immediate basis, without the necessity of a health questionnaire for the employee or his/her family members, in the event of a hardship and without exemption for pre-existing conditions.
Reentry to medical health benefit coverage for reason of hardship applies in the following situations that result in the loss of medical health benefits coverage through the employee’s spouse:
Termination of employment (proof of termination of benefits required)
Legal Separation (a copy of decree is required)
Group contract/policy terminated (proof of termination of benefits required)
Disability of spouse which eliminates benefits (Proof of termination of benefits required)
Divorce (a copy of the decree is required)
Death of Spouse (a copy of death certificate is required)
Military Discharge (a copy of DD214 is required)
In addition, any employee who has waived his/her medical health benefit coverage may automatically restore his/her coverage by applying during the open enrollment period during any school year. The reinstatement date under such conditions will be July 1. It will not be necessary for any employee or his/her family members to complete a Statement of Health (proof of insurability) to restore coverage during the open enrollment period.
In a situation where a husband and wife are both employed by the District, there will be only one prescription and/or dental benefit per family. Employees in the employ of the Board of Education as of September 1, 1992, are exempt from this provision.
7.12 Employees may individually elect to have monthly deductions from their salaries in elected denominations for payment to individual accounts in the Cumberland County Federal Credit Union. However, the amount of the monthly deduction selected initially shall remain in effect until July 1, at which time the employee may elect to change and establish the amount of the deduction until the ensuing July 1 period. All requests for a change in the amount of the monthly deductions must be on or before July 1.
Employees desiring to establish such an arrangement shall notify the district payroll office and complete all required forms.
7.13 Upon retirement, all professional employees shall be given a retirement bonus calculated by multiplying the number of unused sick days accumulated by the individual, times the rate of sixty per cent (60%) of the pay of a fully certified substitute teacher that is being paid in the Bridgeton District at the time the individual retires. Personnel must have at least ten years’ service in the Bridgeton School System. Effective with all employees hired as of July 1, 2007, the maximum benefit may not exceed $2,000.00. Said employees must have at least ten (10) years in the Bridgeton School System. In case of the death of an employee prior to retirement meeting these requirements, payment of this bonus shall be made to the heir presently designated in writing by the employee.
7.14 BANTS members shall, during the term of this agreement, be provided the insurance programs and levels of coverage provided the BEA and ABA, except as herein specifically altered.
TERMS OF THIS AGREEMENT
8.1 The term of this Agreement shall run from July 1, 2009 to June 30, 2012.
During the term of this Agreement, neither the Board nor the BANTS shall be required to negotiate with respect to any matters which were or which could have been the subject of negotiation, whether or not within the knowledge or contemplation of either or both of the parties at the time they negotiated or executed this agreement, with the exception of remuneration, which are considered extras.
This Agreement shall not be modified in whole or in part by the parties except by an instrument in writing and duly executed by both parties.
Should a mutually acceptable amendment to this agreement be negotiated by the parties. It shall be reduced to writing and adopted and signed by the BANTS and the Board.
Failure of either party to keep any part of this agreement does not automatically make the entire Agreement void.
MANAGEMENT RIGHTS: It is the intention of the parties hereto that all rights, powers, prerogatives, and authority which the said Board now has or had prior to the signing of this agreement are retained by the Board, except for those which are specifically abridged or modified by this Agreement. Such abridgement or modification shall be to the extent specifically set forth in this Agreement only, and such abridgements or modifications are to be strictly construed. It is agreed by and between the parties hereto that the Management rights set forth below are not subject to the grievance procedures set forth in Article Three thereof.
The Board reserves to itself sole jurisdiction and authority over matters of policy and retains the right, subject only to the limitations imposed by the language of this Agreement, in accordance with applicable laws and regulations; (a) to direct employees of the Board; (b) to hire, promote, transfer, assign and retain employees in positions in the district and for just cause, to suspend, to demote, discharge or take other disciplinary action against employees; (c) to relieve employees from duty because of lack of work or for other legitimate reasons; (d) to maintain the efficiency of the district operations entrusted to them; (e) to determine the methods, means and personnel by which such operations are to be conducted; and (f) to take whatever actions may be necessary to carry out the mission of the school district in situations of emergency.
Nothing contained in the Agreement shall be considered to deny or restrict the Board of its rights, responsibilities and authority under the New Jersey School Laws or any other national, state, county or local laws as they pertain to operation of the school district.
The Bridgeton Board of Education and the Bridgeton Association of Non-Teaching Specialists agree to the Contract as proposed for 2009-2012
BRIDGETON BOARD OF EDUCATION
Ms. Angelia Edwards, President
Bridgeton Board of Education
Mr. J. Curtis Edwards, Vice President
Bridgeton Board of Education
BRIDGETON ASSOCIATION OF
Thomas Masucci, President
Bridgeton Association of
BANTS SALARY GUIDES
BANTS SALARY GUIDES