Contract Between
Bloomfield Tp B/E-Essex
- and -
Bloomfield Ed Secy's Assn
* * *
07/01/2011 thru 06/30/2014


CategorySchool District
UnitClerical

Contract Text Below
AGREEMENT



Between

BLOOMFIELD BOARD OF EDUCATION


AND


BLOOMFIELD EDUCATIONAL SECRETARIES ASSOCIATION



July 1, 2011 through June 30, 2014














Table of Contents


Article 1 Preamble
Article 2 Recognition
Article 3 Negotiation Procedure
Article 4 Grievance Procedure
Article 5 Employee Rights and Privileges
Article 6 Board of Education’s Legal Prerogatives
Article 7 Terms and Conditions of Employment
Article 8 Vacation Policy
Article 9 Holidays
Article 10 Rules Governing Employee’s Absence
Article 11 Maternity Leave Policy
Article 12 Health Care Insurance Programs
Article 13 Deductions From Salary
Article 14 Teacher Substitute Calling
Article 15 Job Posting
Article 16 Tuition Reimbursement
Article 17 Miscellaneous

















Article 1: Preamble


This Agreement is made and entered into this 11th day of October, 2011, by and between the Board of Education of the Township of Bloomfield, New Jersey, hereinafter called the “Board” and the Bloomfield Education Secretaries Association, Inc., hereinafter called the “Association” is for the school fiscal years beginning July 1, 2011 and ending June 30, 2014 and is in accordance with Chapter 303, Laws of 1968, as amended by Chapter 123, P.L. 1974.

IN WITNESS WHEREOF, the parties hereto have set their hands and seals or caused this instrument to be duly executed by their proper officers and their seal affixed, the day and year first above written.

Bloomfield Board of Education Bloomfield Educational
Secretaries Association, Inc.

by: __________________________ by: __________________________ President President

Attest:

by: __________________________ by: __________________________
Secretary Secretary

Article 2: Recognition

WHEREAS, the Bloomfield Educational Secretaries Association, Inc. represents the majority of the office employees of the Bloomfield Board of Education whose salaries are determined in accordance with the office personnel salary guide and

WHEREAS, Chapter 303 of the Laws of 1968, as amended by Chapter 123, P.L. 1974 provides that an association which enrolls the majority of public employees in specific category of employment is the legal negotiating unit for such employees, now, therefore, be it

RESOLVED, that the Bloomfield Board of Education recognizes the Bloomfield Educational Secretaries Association, Inc. as the official negotiating unit for those persons on the office personnel salary guide who are under contract to the Bloomfield Board of Education.
Article 3: Negotiation Procedure

A. The parties agree to enter into collective negotiations over a Successor Agreement in accordance with Chapter 303, Public Laws of 1968 as amended by Chapter 123, P.L. 1974 in a good faith effort to reach an agreement on negotiable matters concerned with the terms and conditions of office employees’ employment and grievance procedures. Such negotiations shall begin not later than the date prescribed by PERC in the calendar year preceding the school fiscal year in which the agreement shall be in effect. Any agreement so negotiated shall be reduced to writing as promptly as practicable and be signed by the Board and the Association.

B. In the event an agreement cannot be reached, the matter shall be referred to the New Jersey Public Employment Relations Commission for fact finding and/or advisory mediation.
    Article 4: Grievance Procedure

    A. Definitions
        1. A “grievance” is a claim based upon an event or condition that affects the welfare and/or terms and conditions of employment of an employee or group of employees and/or the interpretation meaning or application of any of the provisions of this Agreement.
        2. A grievant is the person or persons making the claim or the Association making the claim.
        3. A “party in interest” is the person or persons making the claim or any person who might be required to take action or against whom action might be taken in order to resolve the claim.

    B. Purpose
        1. The purpose of this procedure is to secure, at the lowest possible level, equitable solutions to the problems, which may from time to time arise affecting the welfare or terms and conditions of employment of employees. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of the procedure.
          2. Nothing herein contained shall be construed as limiting the right of any employee having a grievance to discuss the matter informally with any appropriate member of the administration, and having the grievance adjusted without intervention of the Association, provide the adjustment is not inconsistent with the terms of this Agreement.

      C. Procedure
          1. Each employee has a right to be heard by his Supervisor, Principal, Assistant Superintendents, Superintendent, and Board of Education on conditions concerning his/her employment. It is understood that he/she will proceed through the levels outlined in this procedure. Grievances shall be submitted on a form obtained from an officer of the Bloomfield Educational Secretaries Association.
          2. All employees, including grievant or grievants, shall continue fully to perform their assigned duties, regardless of the pendency of the grievance until such grievance is officially resolved. The continuance of duty will not constitute an agreement as to the disposition of the grievance.
          3. It is the intent of both parties in interest to process all grievances as expeditiously as possible. The number of days indicated at each level should be considered the maximum and every effort should be made to expedite the process. The time limits specified may, however, be extended by mutual agreement or as due to unusual or extenuating circumstances. All days referred to in this procedure shall be work days.
          4. 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 shall be reduced, so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicable.
            5. Concerning all levels, both parties shall adhere to the following schedules for submitting and processing grievances except under unusual and extenuating circumstances. Requests for time extensions will be made in writing. Requests will be granted. The granting will be in writing. Extensions will be for a maximum of twenty (20) days per level of the procedure. Failure to respond within the prescribed time limit or extended time limit, at each level, will allow the Association to submit the grievance to the next higher level. Failure to advance a grievance to the next higher level within the specific time limit, or extended time limit, shall be a waiver of the grievance.
        D. Rights of Employees to Representation
            Any party of interest may be represented at all stages of the grievance procedure by him/herself, or at his/her 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 in all stages of the grievance procedure.

            Any aggrieved person must present his/her grievance in writing to his/her principal/supervisor within thirty (30) days of the occurrence or of when the grievant should have known of the occurrence.

        LEVEL 1
              During this thirty (30) day period between the occurrence and the submission in writing, the grievant shall discuss the grievance with his/her principal/supervisor who must reach a decision within six (6) days of receipt of the written grievance.

        LEVEL 2
        If no resolution has been reached at Level I, the grievance may be submitted, in writing, to the Superintendent within ten (10) days after receipt of the principal’s decision. The Superintendent must rule on the grievance within ten (10) days after receipt of the grievance. If either party to this procedure requests a hearing at this level, the hearing shall be held within the ten (10) day time period. The Superintendent’s response shall be in writing with a copy to the Association.

        LEVEL 3
        If no resolution has been reached at Level 2, the grievance may be submitted in writing to the Board within ten (10) days after receipt of the Superintendent’s response.

        The Association may request a hearing of the grievance before the Board of Education or a committee thereof, which the Board may grant or deny. However, not more than three (3) times in a single contract year, the Association may require that a hearing be held before the Board or its designated committee (at the Board’s option) and the Board shall grant such a hearing. In such cases, the Association shall indicate that it is seeking a hearing under this mandatory provision.

        If a hearing is held, the Board shall have thirty (30) days to schedule and hold the hearing. the Board shall respond to the grievance within fifteen (15) days of the hearing. If no hearing is held, the Board shall respond to the grievance within fifteen (15) days of receipt of the grievance.

        LEVEL 4
        If the Association is not satisfied with the disposition of the grievance at Level 3, or if no decision has been rendered within the fifteen (15) days after the grievance was delivered to the Board, it may, within five (5) days after a decision by the Board or twenty (20) days after the grievance was delivered to the Board (whichever is sooner) submit the grievance to arbitration through the Public Employment Relations Commission, with a copy to the Board. The parties shall be bound by the rules and procedures of the Public Employment Relations Commission. (PERC)

        The arbitrator’s decision shall be in writing and shall set forth his/her findings on fact, reasoning and conclusions on the issues submitted. The arbitrator shall be without power or authority to make any decision that requires the commission of an act prohibited by law, or which is a violation of the terms of this Agreement. The arbitrator cannot add to, modify, or delete from this contract. The decision of the arbitrator shall be submitted to the Board and the Association and shall be final and binding on the parties.

        Grievances shall not be deemed to be arbitrable which concern (a) any matter for which a specific method of review is prescribed either by law or by any regulation of the State Commissioner of Education or any matter which according to law is either beyond the scope of Board authority or limited to action by the board alone; (b) a complaint of a non-tenured employee which arises by reason of his/her not being re-employed; (c) a complaint caused by appointment to, lack of appointment to, retention in, or lack of retention in any position for which tenure is either not possible or not required; and (d) terms and conditions of employment not specifically part of this Agreement.

        The costs for the services of the arbitration, 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 incurred shall be paid by the party incurring same.

        E. Miscellaneous
            1 If, in the judgment of the Association Grievance Committee, a grievance affects a group or class of employees in a single school, the Grievance Committee may submit the grievance in writing to principal following the time guidelines of Level I. If the grievance affects a group or class of employees in more than one building, the Grievance Committee shall submit such grievance in writing to the Superintendent directly and the processing of such grievance shall be commenced at Level 2.

            2. Decisions rendered at Level I - which are unsatisfactory to the grievant, shall be in writing setting forth the decision and the reasons therefore and shall be transmitted to the grievant and the Association.

            3. 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.

            4. Forms for filing grievances, serving notices, making appeals, making reports and recommendations, and other necessary documents shall be prepared jointly by the Superintendent and the Association and given appropriate distribution so as to facilitate operations of the grievance procedure.

            5. 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 section.

            6. The Board agrees that it will apply to all substantially similar situations the decision of an arbitrator sustaining a grievance and the Association agrees that it will not bring or continue, and that it will not represent any employee in any grievance which is substantially similar to a grievance denied by the decision of the arbitrator.
        Article 5: Employee Rights and Privileges

        A. Pursuant to NJSA 34:13A-1 et. seq, the Board hereby agrees that every employee of the Board shall have the right to freely organize, join and support the Association and its affiliates for the purpose of engaging in collective negotiations and other concerted activities for mutual aid and protection. as a duly elected body exercising governmental power under the laws of the State of New Jersey, the Board undertakes and agrees that it shall not directly or indirectly discourage or deprive or coerce any employee in the enjoyment of any rights conferred by NJSA or other laws of New Jersey or the Constitutions of New Jersey and the United States; that it shall not discriminate against any employee with respect to hours, wages or any conditions of employment by reason of his/her membership in the Association or Board and its affiliates, his/her participation in any Association or Board activities, collective negotiations with the Board, or have his/her institution of any grievance, complaint or proceeding under this Agreement or otherwise with respect to any terms or conditions of employment.
          B. 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.

          C. No employee shall be disciplined without just cause.

          D. Whenever any employee is required to appear before any administrator or supervisor, Superintendent, Board, or any committee or member thereof concerning any disciplinary matter which could adversely effect the continuation of that employee in his/her office, position or employment or the salary or any increments pertaining thereto, then he/she shall be given prior written notice of the meeting or interview, the reasons for such a meeting(s) and shall be entitled to have a Representative(s) of the Association present to advise him/her and represent him/her during such meeting or interview.
            E. Any suspension of any member of the Association shall be in accordance with relevant legal statutes and upon certification of a charge in accordance with relevant N.J.S.A. statutes.

            F. No employee shall be prevented from wearing pins or other identification of membership in the Association(s).

            G. An employee has the right to know of any information concerning his/her position with the Board or that could effect the terms and conditions of employment. Any question or criticism by a supervisor, administrator, or member of the Board of Education of an employee and his/her performance, attendance, or any of the terms and conditions of his/her employment shall be made in confidence and not in the presence of students, parents, co-workers or members of the public.

            Article 6: Board of Education’s Legal Prerogatives

            The right to manage the school system and to direct the personnel and operation of the schools, subject to the limitations of this Agreement, is exclusively vested in and retained by the Board. Furthermore, nothing in this Agreement shall be construed to diminish or remove from the Bloomfield Board of Education, the authority or responsibilities which are vested in the New Jersey Revised Statutes Title 18A.

            It is recognized by the parties that the Board is vested by the laws of the State of New Jersey with the management and control of all of the public schools in the School District. This authority of the Board shall include, but shall not be limited to, the right to hire, discharge or discipline secretaries for just cause, and the authority to make such rules and regulations consistent with this Agreement as are necessary for the government of the schools. Nothing in this Agreement shall constitute a derogation or transfer of the authority of the Board as established by the laws of the State of New Jersey.

            This Agreement represents the full and complete understanding on all matters which were or could have been the subject of negotiations and shall not be modified except by written document executed by both parties.

            Article 7: Terms and Conditions of Employment


            A. Work Year

            The work year for all ten (10) month personnel shall be the Board approved school calendar between September 1 and June 30, Monday through Friday, and shall include any orientation, in-service training, and opening and closing of school. The maximum number of days in the work year shall be four (4) more than that of the teachers, but shall not exceed one hundred-ninety (190) days per year.

            Any hours worked prior to September 1 or after June 30 of any calendar year shall be paid at the regular hourly rate and shall be solely on a volunteer basis as mutually agreed to by the secretary and the principal or supervisor and with the approval of the Superintendent.

            The work year for all twelve (12) month personnel shall be from July 1 to June 30, Monday through Friday, and shall include any orientation, in-service training, and opening and closing of school.

            B. Working Hours
                1. Duty time for office personnel shall not commence earlier than 7:00 a.m. and shall not go beyond 5:00 p.m., unless overtime is necessary and shall be comprised of an eight-hour day inclusive of a one-hour lunch period. In the event overtime is necessary, the employee, with administrative approval, may exercise an option for compensation time (comp. time) in lieu of overtime pay. Office personnel shall not be expected to work unless there is an individual holding a black seal license in the building. The Board will provide thirty (30) days advance notice of any schedule change except in an emergency.

                All secretaries shall have the option of flex hours to accommodate his/her schedule. Changes in schedule will be implemented with administrative approval.
                2. The secretary shall receive one and one-half (1) times her regular hourly rate for all hours over forty (40). Secretaries who are required to work outside the regular working hours or return to school for evening work will be paid at the regular hourly rate, to the nearest full hour, for all additional time, unless the added time extends the work week beyond forty (40) hours in which case the secretary shall receive one and one-half (1 ) times her regular hourly rate for all hours over forty (40). All Saturday hours shall be paid at time and one-half (1 ) and all holiday hours shall be paid at two (2) times the regular hourly rate.

                3. Any voluntary days worked prior to the start or end of the school year or school day, may be paid as salary, or as compensation time, as agreed by the principal and the employee.
                4. Summer hours shall begin the day immediately following the teachers’ last day and end five (5) working days prior to the teachers’ first day of school in September. All twelve month personnel who work all scheduled days beginning the Monday of the last full week in August will be entitled to one (1) floating holiday. This day may not be used to extend any contracted holiday break.
                  The Superintendent shall devise a schedule for summer hours with the 7:00 A.M. to 5:00 P.M. working hours range. Summer hours shall not be not less than (7) hours inclusive of a one (1) hour lunch, but, not more than seven (7) hours thirty (30) minutes inclusive of a one (1) hour lunch. Summer hours shall also apply to other times when teachers are not scheduled to work.
                    4. Contracted work assigned during the summer shall be at the contractual rate of pay of the July 1 salary schedule.
                    5. In no case shall any secretary be requested or required to:

                a. perform the duties of a duly certified teacher, nurse, supervisor, principal or that of an employee outside of the negotiated unit;

                b. transport students in personal vehicles;
                        c. be required to remain with a student beyond the regular work day when no other staff is present, or have left for the day;
                        remain alone in a building without a principal, supervisor, or custodian whether before or after all students and other staff have left or when staff/students were not required to be in the building. In the event that a secretary finds him/herself alone in a building, that secretary shall report to the Board Office for reassignment.
                    6. All secretaries shall be dismissed when the office closes on early district-wide dismissal days.
                Article 8: Vacation Policy

                A. All 10 month personnel shall be scheduled to work according to the Board approved school calendar as set on or before September 1 of any school year. They will be entitled to the Board approved school vacations except the periods from the first day in September to the opening day of school and the four (4) days after the close of school in June or June 30, whichever comes first. The maximum number of days worked in the work year shall not exceed one hundred-ninety (190) days per year.

                B. All twelve (12) month personnel will be entitled to vacation according to the following schedule:
                    1. All full time secretaries employed on a twelve month basis shall be entitled to Christmas recess as per the 10 month calendar.

                All secretaries
                      Please note: these days are in addition to the December Recess

                      Years of Service Vacation Allowance (days)

                      1 Year - 5 Years 10 Days
                      6 Years - 10 Years 14 Days
                      11 years – 15 Years 18 Days
                      16 Years – 20 Years 20 Days

                      21 Years – 24 Years 1 Day Per Year
                      25 Years + 25 Days

                    2. Personnel who begin employment after July 1st will be entitled to a pro-rated portion of the annual vacation allowance. A year or any part of a year worked shall constitute a full work year of employment when calculating vacation allowance (anniversary date), with the exception of the initial employment year, which will be prorated after July 1.
                    3. Ten (10) month employees who are appointed to twelve (12) month positions shall be entitled to full credit for vacation purposes for their years of service since their hire date.

                For this purpose, each school year shall be counted as a calendar year.

                4. Up to five (5) vacation days each year may be used as:
                      a. Accumulated sick days to bank (if the total accumulated sick days for the year does not exceed the fifteen (15) day maximum carryover as allowed by statute, and/or

                b. Accumulated terminal leave days to bank as per Article 10, B.
                      c. A ten (10) month District employee who accepts a twelve (12) month position shall receive full vacation allowance from the initial date of employment with the district, to be prorated for the remainder of that calendar year.

                d. Vacation requests shall not be denied without just cause.

                e. Any employee, upon resignation, termination or retirement shall be paid his/her regular rate of pay for each unused day of accumulated vacation at the date of separation, up to a maximum of 2 years (1 year carry over + current year), except for one employee who is on file in the Superintendent’s office and Assn. President.
                Article 9: Holidays

                a. Secretaries employed on a twelve (12) month basis shall be granted twelve (12) and two (2) floating paid holidays per school year. The holiday schedule shall be published at the same time that the school calendar is published.
                      b. The initial calendar will be adopted by the Board. Once adopted by the Board, any change due to emergency closings during the school year shall be discussed with the Association during the development of the new calendar and prior to adoption by the Board.
                      c. Paid holidays for twelve month secretarial personnel shall only be scheduled on days when school is not in session.

                d. All secretarial personnel who work less than twelve months shall be off according to the ten (10) month school calendar for school employees approved by the Board of Education except as defined in Article 7, Vacation Policy.
                Article 10 Rules Governing Employees Absence

                A. Sick Leave

                The Board will grant twelve (12) days of sick leave per year to each 10 month employee without deduction in pay and fourteen (14) days of sick leave per year to each 12-month employee without deduction in pay, such leave being granted as of the first day of the school year. Unused sick leave in any year shall be allowed to accumulate.
                    1. Deduction of sick days allowable at the same rate may be made if the employee resigns or leaves before the completion of the school year.
                    2. In case of sick leave claimed, the Board may require a physician’s certificate to be filed with the Secretary of the Board of Education.
                    3. Sick leave is hereby defined to mean the absence from his or her post of duty, of the employee because of personal disability due to illness or injury, or because he or she has been excluded from school by the school district’s medical authorities on account of a contagious disease or of being quarantined for such a disease in his or her immediate household.

                B. Terminal Leave
                    1. In 2004-2007, Payment for unused sick leave days upon retirement following three (3) months written notice to the Board of Education of intention to retire (excepting in cases of emergency with Board approval) office personnel will be paid one (1) day for every (3) days of unused accumulated sick days at the rate of pay of $65.00 Per Day for the contract duration. Maximum allowable accumulation – 300 days (maximum total possible payment is $5,580).

                    In 2007 – 2010, payment for unused sick leave days upon retirement, following three (3) months written notice to the Board of Education of intention to retire (except in cases of emergency with BOE approval) office personnel will be paid one day for every three (3) days of unused accumulated sick days at the rate of $67.00 per day for the contract duration. Maximum allowable accumulation is 325 days. The maximum total payment of $7,258.33.

                    The Public Employees Retirement System will govern eligibility for a pension.

                C. Extended Absence for Illness

                When absence, under circumstances described above, exceeds the annual leave and the accumulated leave, the Board will consider each case on its individual merits.

                D. Allowance for Absence Other Than Personal Illness

                This policy shall cover brief absences not chargeable to sick leave or for professional reasons directly beneficial to the school system. The provisions for leave at full pay stated below shall be for one (1) year, and no unused days shall be accumulative for use in another year.
                    1. Death in the Immediate Family – An allowance of up to five-(5) days leave shall be granted.
                  Definition:
                  Immediate family shall include: spouse, parent, grandparent, parent-in-law, child, sibling or anyone making his/her home with the family or anyone who actually stands in the position of a member of the immediate family to the employee.
                      2. Serious Illness in the Immediate Family – An allowance of up to three (3) days leave shall be granted. (Immediate family same as (1) above.

                      3. Death of Relative of the Second Degree – An allowance of one (1) day’s leave shall be granted.

                      Definition:
                      Uncle, aunt, niece, nephew, cousin or relative by marriage.
                  E. Other Emergencies of Personal Nature A total of up to (4) four days during a school year shall be granted by the Superintendent of Schools. Days granted shall be for the full length of the school day and shall be recorded as full days.
                    1. Except for emergencies or extenuating circumstances, no leave shall be permitted the day prior to or the day following a school holiday or vacation period. It is understood that these days must be for an appropriate purpose, and if not, they are subject to denial and/or rescission by the Superintendent.

                    F. For the protection of the employee and for the proper payroll accounting and audit, every absence for a half-day or more must be accounted for on the regular Board of Education Employee’s Absence Report.

                    G. Employees who do not use any of the days allocated in Section E above during their individual contract year will have three days added to their sick leave accumulation record for that year.
                    H. A leave of absence, without pay, of up to one (1) year shall be granted for the purpose of caring for a sick member of the secretary’s immediate family. Additional leave may be granted at the discretion of the Board.

                    Article 11: Maternity Leave

                    Maternity leave will be granted in accordance with applicable New Jersey law. The removal of any tenured or non-tenured employee from her duties should not be based solely on the fact of pregnancy of a specific number of months.

                    The removal of such an employee would be based on a noticeable decline in her performance; failure to produce certification from her physician concurred in by the Board’s physician that she is medically able to continue her duties, or for any other just cause.

                    A tenured or non-tenured employee may apply to the Board for a leave of absence without pay and shall be granted that leave at any time before the expected date of birth and continuing to a specific date after the birth. Date of return may be further extended for proper cause. The Board of Education need not extend the leave of absence of a non-tenured employee beyond the end of the contract year in which that leave is obtained.

                    A tenured or non-tenured employee may not be barred from returning except for lack of sufficient medical evidence of capability or because of failure to specify a date of return.

                    Similar leave provisions shall apply to any female employee under tenure adopting an infant child.

                    Article 12: Health Care Insurance Programs


                    A. 1. The Board of Education will pay the premium for each employee and his/her eligible dependents (full family coverage) limited to one family premium for the head of household, when more than one member is employed in the District who enrolls in the health care insurance programs provided by the Board of Education. The Board will insure the uninsured spouse for any losses that occur due to the lack of coordination of benefits on subsections B 1 through B 6 and B 10 when both spouses are employed in the District.
                      2. Unit members shall receive single only coverage until such time as they reach step 4 on the salary guide. These employees may purchase family coverage through the Board and at their own expense until that year. Any District employee hired into the Bloomfield Educational Secretaries Association shall have all previous District years of continuous service credited for purposes of full-family benefits (health, dental and prescription).

                      B. Provisions of the health care insurance program shall be detailed in master policies on file in the Board of Education office and in individual certificates issued to those employees who enroll. The provisions of the health care insurance programs, as amended by Agreement effective July 1, 1990, shall include:

                      1. Hospital room and board and miscellaneous covered charges.
                      2. Out-patient benefits
                      3. Laboratory fees, diagnostic expenses and therapy treatment.
                      4. Maternity costs
                      5. Surgical costs
                      6. Major Medical

                      7. The Board will continue to pay full premium cost for employee dental and prescription insurance coverage except as outlined below:
                        8. The Board’s contribution towards the cost of family dental insurance shall not exceed a maximum of $910 per year per family. During the term of this agreement only, unit members shall not be required to contribute to dental insurance premiums, and there shall be no diminishing of dental benefits during the contract. However, effective June 30, 2004, the dental insurance cap (maximum) shall be the premium in effect on January 1, 2004.

                      9. The Board will pay the premium cost for a prescription plan. The prescription insurance plan shall be a $15.00 co-pay when the covered employee or dependent accepts a generic drug. If the covered individual insists on a brand name drug or where no generic drug is available, the co- payment required for such prescription would be $$20.00. A $0 mail in program shall also be available.

                      10. The Major Medical insurance program shall include a catastrophic coverage rider to provide one hundred per cent (100%) payment after $3,000. The Major Medical deductible shall be $350 per person / $700 per family.

                      C. The Board will not be required to pay insurance premiums for secretaries on unpaid leaves of absence. Secretaries on unpaid leaves of absence may continue in the insurance program (where permitted by the carrier) by reimbursing the Board for the cost of premiums. Reimbursement shall be made prior to the premium date.

                      D. Secretaries shall have the option to withdraw from the insurance coverages listed in subsections B.1 through B.6 and B.10. Secretaries who elect to withdraw from this insurance coverage shall be paid twenty-five percent (25%) of the premium cost, based on family or single coverage at the time of withdrawal, per year and prorated for part of a year. Secretaries who withdraw and subsequently lose their insurance coverage provided by an insured spouse shall have their group insurance premiums paid by the Board until the next open enrollment period. This option shall only be effective if there are sufficient withdrawals to prevent a negative cash flow.

                      E. If the Board changes the level of medical benefits available to any unit which represents over 50% of the District’s labor force or with any carrier during the life of this Agreement, such changes shall also be effective for this bargaining unit.

                      F. Pursuant to Family Leave Act (N.J.S.A. 34:116-1 et seq.) employees shall be granted an unpaid leave of absence for a period not exceed twelve (12) weeks for any twenty-four (24) month period. Any leave may be taken for the following reasons:

                      1. The birth or adoption of a child
                      2. The serious health condition of a family member.

                      During the aforementioned leave, the Board shall provide health benefits for said employees.

                      G. Where no modifications are proposed, the existing language shall be included in the successor agreement.


                      Article 13: Deductions from Salary


                      A: Tax Sheltered Annuity Programs

                      Secretaries may participate in tax shelter annuity programs offered by Variable Annuity Life Insurance Company (VALIC) or the Supplemental Annuity Collective Trust of the Division of Pensions of the State of New Jersey or a combination of the two programs or up to four other programs as approved by the Board of Education, provided that the payroll system will permit such a deduction. Each secretary desiring to participate in a tax-sheltered annuity program will complete the necessary salary reduction agreement for plan or plans desired.

                      The total salary reduction shall not exceed the statutorily permitted maximum. Salary reduction agreements and any changes thereto for the Supplemental Annuity Collective Trust Program will be filed with the Board of Education under the rules and regulations of the Division of Pensions of the State of New Jersey.

                      Any salary reduction agreement for any of the tax-sheltered annuities under this Article must be submitted to the Board and the Board will process the same in a timely fashion. It is each participating member’s responsibility to maintain the necessary income tax records for any of these tax-sheltered programs.

                      The Board of Education is relieved of any responsibility after forwarding the monthly salary deduction monies to the Variable Annuity Life Insurance Company, to the Supplemental Annuity Collective Trust or to any other selected and approved program.

                      B: Association Dues

                      The Board agrees to deduct from the salaries of its employees dues for the Bloomfield Educational Secretaries Association, the Essex County Education Association, the New Jersey Education Association and the National Education Association as said employees individually and voluntarily authorize the Board to deduct. Such deductions shall be made in compliance with all NJ Public Laws and under rules established by the State Department of Education.

                      Said monies, together with current records of any corrections shall be transmitted to the NJEA, with copies to the treasurer of the Association by the 15th of each month following the monthly pay period in which the deductions were made. The NJEA will then disburse such moneys to the appropriate Association(s).

                      Each August, the Association shall certify to the Board, in writing, the current rate of its membership dues. The Association shall change the rate of its membership dues only when written notice is given to the Board thirty (30) days prior to the effective date of such change.

                      The Board agrees to deduct from employees’ salaries money for local, county, state and/or national Association services and other programs as said employee individually and voluntarily authorize the Board to deduct and to transmit the money on the 15th of each month following the monthly pay period in which the deductions were made. Any employee may have such deductions discontinued at any time upon sixty (60) days written notice to the Board and the appropriate agency.

                      C: Representation Fee

                      If an employee does not become a member of the Association during any membership year, which is covered in whole or in part by the Association, said employee will be required to pay a representation fee to the Association for that membership year.

                      1. Purpose: The purpose of this fee will be to offset the employee’s per capita cost of services rendered by the Association as majority representative.
                          2. Notification: Prior to the beginning of each membership year, the Association shall notify the non-member and the Board, in writing, of the amount of the regular membership dues, initiation fees and assessments charged by the Association to its own members for that membership year. The representation fee to be paid by non-members will be determined by the Association in accordance with the law, and not to exceed 85% of total Association dues.
                          3. Transmission of Fee: On or about the 15th of each September, the Board will submit to the Association a list of all employees in the bargaining unit. The Association will then contact any non-member and extend an invitation for membership enrollment.
                            Any member who chooses to become a member of the Association at that time shall pay any/all back dues for the current calendar year under the provisions of Section B.

                      b. On or about January 1 of each year, the Association shall notify the Board as to the names of those employees who are not members and are required to pay the representation fee.
                            c. The Board will deduct from the salaries of the employees referred to in Section C1 the full amount of the yearly representation fee in equal installments with the first paycheck in February.
                            d. If an employee who is required to pay a representation fee terminates his/her employment with the Board before the Association has received the full amount of the representation fee to which it is entitled, the Board will deduct the unpaid portion of the fee from the last paycheck paid to said employee during the membership year in question.
                          4 Mechanics: Except as otherwise provided in this Article, the transmission of such fees to the Association shall be the same as those used for the transmission of regular membership dues to the Association.
                          5. Changes: The Association shall notify the Board, in writing, of any changes in the list provided for in this Article and/or in the representation fee, and such changes shall be reflected in any deductions made more than ten (10) days after the Board received said notice.
                          6. New Employees: On or about the last day of each month, beginning with the month this Agreement takes effect, the Board will submit to the Association a list of all employees who began their employment in a bargaining unit position during the preceding 30 day period. The list will include names, job titles, date of employment, and place of assignment for all such employees. The Board will also notify the Association of any change in the status of an employee regarding transfer, leave of absence, return from leave, retirement, and resignation, separation from employment or death.

                      Article 14: Teacher Substitute Calling

                      Any changes in the centralized teacher substitute calling service that would involve members of the unit outside of their eight hour work schedule, inclusive of a one hour lunch, shall be negotiated before taking effect.

                      ARTICLE 15: JOB POSTING

                      A. The Board agrees to post notices in all school offices of job vacancies and new positions as they occur. A copy of said notice will be sent to the Secretary and the President of the Association at the time of posting. All Association members who respond to a job posting will be interviewed.

                      B. All ten (10) month employees wishing to be considered for a job vacancy, which may occur during the summer, shall so notify the Director of Personnel in writing on or before June 15th. Said employees will be notified when such vacancies occur.

                      Article 16: Tuition Reimbursement

                      A. Those secretaries already receiving stipends shall continue to receive a yearly stipend for completed documented hours of course work, seminar, and/or certificated District in service of direct value to the District as follows:

                      30 hours = yearly stipend of $400
                      45 hours = yearly stipend of $600

                      In-Service Workshops: Secretaries shall participate in In-Service Workshops as determined by the Secretaries’ Supervisors or with the Superintendent’s Approval.
                        Secretaries shall be entitled to one in-service day per year as approved by Superintendent of schools.

                        Article 17: Miscellaneous
                        A. Committees

                        A committee of three representatives of each party shall meet upon request to discuss the administration of the Agreement and to resolve problems that may arise. These meetings are not intended to bypass the grievance procedure.
                            1. Each party shall submit to the other, in writing, at least three (3) days prior to the meeting, an agenda covering matters they wish to discuss.

                            2. All meetings between the parties shall be scheduled to take place at a mutually convenient time.

                            3. Should a mutually acceptable amendment to this Agreement be negotiated by the parties, it shall be reduced to writing and submitted to the Board and to the Association for consideration.
                        B. Subscription to Administrative Professional Newsletter

                        The district shall pay for a yearly subscription to the Administrative Professional Newsletter, or an equivalent newsletter for all secretaries, not to exceed
                        $250.00.


                        C. New Position / Salary

                        When a BESA member moves into another position, the guide step shall remain the same in the new position or can be negotiated higher.

                        D. Translator

                        The Superintendent and high school principal will appoint 1 secretary at the administration building and 1 secretary at the high school to serve as a translator as needed, at a yearly stipend of $3,000.00.

                        E. Amendments to Agreement

                        This agreement shall not be modified in whole or in part; nor shall additional items by added by the parties except by an amendment in writing approved by the Board and the Association.
                            1. This Agreement constitutes Board policy for the term of said Agreement, and the Board shall carry out the commitments contained herein and give them full force and effect as Board policy.
                            2. If any provision of this Agreement or any application of this Agreement to any employee or group of employees is held to be contrary to law, then such provision or application shall not be deemed valid and subsisting, except the extent permitted by law, but all other provisions or applications shall continue in full force and effect.
                            3. Any individual contract or annual salary between the Board and an individual, heretofore or thereafter executed, shall be subject to and consistent with the terms and conditions of this Agreement. If an individual contract notification contains any language inconsistent with the Agreement, the Agreement shall be controlling.

                        F. 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, assignment, promotion, transfer, or discipline of employees or in the application or administration of this Agreement on the basis of race, creed, color, religion, national origin, sex, domicile, marital status, age, or sexual orientation.

                        G. Copies of this Agreement shall be reproduced for the parties involved within six (6) weeks after ratification by the Board of Education and the Association.

                        H. In the event there is a reduction in force, layoff, or furlough, the Board must utilize a seniority list, whereas the last secretary hired, will be the first removed. Recalled employees shall have all benefits restored to them, including but not limited to, guide step, vacation eligibility, health benefits, etc.

                        I. The Superintendent or appropriate administrator shall discuss the transfer with the employee or his or her representative if he or she so desires. The final assignment shall be made promptly in writing.
                        Salary Guides
                        2011-2012 Guide 7/1/11 – 6/30/12
                        Step10 mo. Sec.12 Mo. Sec.10 Mo. Sr.12 Mo. Sr.10 Mo. Adm.12 Mo. Adm.
                        1
                        20,400
                        23,800
                        22,000
                        25,700
                        24,300
                        28,700
                        2
                        20,980
                        24,756
                        22,554
                        26,225
                        24,966
                        29,687
                        3
                        21,295
                        25,281
                        22,868
                        26,540
                        25,281
                        30,001
                        4
                        21,609
                        25,805
                        23,288
                        27,064
                        25,805
                        30,736
                        5
                        22,239
                        26,330
                        24,547
                        28,008
                        26,750
                        31,680
                        6
                        22,868
                        27,379
                        25,805
                        29,162
                        27,799
                        32,729
                        7
                        23,603
                        28,428
                        26854
                        30,211
                        28,848
                        33,778
                        8
                        24,442
                        29,477
                        27,903
                        31,260
                        30,001
                        35,037
                        9
                        25,386
                        30,526
                        29,267
                        32,309
                        31,050
                        36,400
                        10
                        26,435
                        31,575
                        30,316
                        33,358
                        32,204
                        37,869
                        11
                        27,484
                        32,624
                        32414
                        34827
                        33,253
                        39,967
                        12
                        29,477
                        34,512
                        33,463
                        36295
                        35,876
                        42,065
                        13
                        31,575
                        36,610
                        35,351
                        38,289
                        38,184
                        44,687
                        14
                        35,079
                        40,324
                        38,100
                        42,107
                        41,582
                        48,086
                        OG
                        4.9%
                        4.9%
                        4.9%
                        4.9%
                        4.9%
                        4.9%
                        2012 - 2013 Guide 7/1/12 – 6/30/13
                        Step10 mo. Sec.12 Mo. Sec.10 Mo. Sr.12 Mo. Sr.10 Mo. Adm.12 Mo. Adm.
                        1
                        20,400
                        23,800
                        22,000
                        25,700
                        24,300
                        28,700
                        2
                        20,780
                        24,656
                        22,454
                        26,125
                        24,866
                        29,587
                        3
                        21,195
                        25,181
                        22,768
                        26,440
                        25,181
                        29,901
                        4
                        21,509
                        25,705
                        23,188
                        26,964
                        25,705
                        30,636
                        5
                        22,139
                        26,230
                        24,447
                        27,908
                        26,650
                        31,580
                        6
                        22,768
                        27,279
                        25,705
                        29,062
                        27,699
                        32,629
                        7
                        23,503
                        28,328
                        26,754
                        30,111
                        28,748
                        33,678
                        8
                        24,342
                        29,377
                        27,803
                        31,160
                        29,901
                        34,937
                        9
                        25,286
                        30,426
                        29,167
                        32,209
                        30,950
                        36,300
                        10
                        26,335
                        31,475
                        30,216
                        33,258
                        32,104
                        37,769
                        11
                        27,384
                        32,524
                        32,314
                        34,727
                        33,153
                        39,867
                        12
                        28,477
                        33,412
                        33,363
                        35,195
                        34,776
                        40,965
                        13
                        31,475
                        35,510
                        35,251
                        37,189
                        36,084
                        43,587
                        14
                        32,979
                        37,224
                        37,000
                        38,900
                        39,000
                        45,486
                        OG
                        2%
                        2%
                        2%
                        2%
                        2%
                        2%
                        2013 - 2014 Guide 7/1/13 – 6/30/14
                        Step10 mo. Sec.12 Mo. Sec.10 Mo. Sr.12 Mo. Sr.10 Mo. Adm.12 Mo. Adm.
                        1
                        20,400
                        23,800
                        22,000
                        25,700
                        24,300
                        28,700
                        2
                        20,808
                        24,276
                        22,440
                        26,214
                        24,786
                        29,274
                        3
                        21,196
                        25,149
                        22,903
                        26,648
                        25,363
                        30,179
                        4
                        21,619
                        25,685
                        23,223
                        26,969
                        25,685
                        30,499
                        5
                        21,939
                        26,219
                        23,652
                        27,503
                        26,219
                        31,249
                        6
                        22,582
                        26,755
                        24,936
                        28,466
                        27,183
                        32,212
                        7
                        23,223
                        27,825
                        26,219
                        29,643
                        28,253
                        33,282
                        8
                        23,973
                        28,895
                        27,289
                        30,713
                        29,323
                        34,352
                        9
                        24,829
                        29,965
                        28,359
                        31,783
                        30,499
                        35,636
                        10
                        25,792
                        31,035
                        29,750
                        32,853
                        31,569
                        37,026
                        11
                        26,862
                        32,105
                        30,820
                        33,923
                        32,746
                        38,524
                        12
                        27,932
                        33,174
                        32,960
                        35,422
                        33,816
                        40,664
                        13
                        29,047
                        34,080
                        34,030
                        35,899
                        35,472
                        41,784
                        14
                        32,105
                        36,220
                        35,956
                        37,933
                        36,806
                        44,459
                        OG
                        2%
                        2%
                        2%
                        2%
                        2%
                        2%


                        1. In-District Longevity Payments, non cumulative:
                        14 years service: $ 732.00
                        after 19 years service: $1,340.00
                        after 24 years service: $2,045.00
                        after 29 years service: $2,723.00
                        after 34 years service: $3,472.00



                        IN WITNESS WHEREOF, the parties, subsequent to ratification and Board Resolution, hereto
                        have caused this Agreement to be signed by their respective Presidents, attested by their respective Presidents, attested by their respective secretaries hereto at Bloomfield, New Jersey,
                        on this 11th day of October, 2011.

                        Bloomfield Educational Secretaries Association Bloomfield Board of Education

                        by: _________________________ by: _________________________
                        President President

                        by: _________________________ by: _________________________
                        Secretary Secretary




                        *The Board of Education agrees that for purposes of Article 12: Health Benefit coverages, no current unit member will be penalized in Section A, paragraph 2: “Unit members shall receive single coverage until such time as they reach step 4 on the salary guide” as a result of this freeze in step in the 2003-2004 salary guide.


                        Bloomfield Tp BE and Bloomfield Secys Assn 2011doc.doc