Contract Between
Estell Manor B/E-Atlantic
- and -
Estell Manor EA
* * *
07/01/2007 thru 06/30/2010

CategorySchool District
UnitTeaching/Professional Staff

Contract Text Below
between the
and the
July 1, 2007 through June 30, 2010
Negotiation of Successor Agreement
Grievance Procedure
Teacher Rights
Sick Leave
Temporary Leaves of Absence
Extended Leaves of Absence
Teaching Hours and Teaching Load
Fringe Benefits
Terms of Agreement
Traveling Teachers
Board Rights
Representation Fee
Duration of Agreement
Salary Guide - 2007 - 2008
Salary Guide - 2008 - 2009
Salary Guide - 2009 - 2010
Extra – Curricular Salaries

This Agreement is entered into this 1st day of July, 2007, by and between the Board of Education of Estell Manor, New Jersey, hereinafter called the "Board", and the Estell Manor Education Association, hereinafter called the "Association".

1.1 The Board hereby recognizes the Association as the exclusive and sole representative for collective negotiations concerning grievances and terms and conditions of employment for all certified teaching personnel either under contract or on leave.

1.2 Administrative personnel who are also certified teachers shall not be represented by the Association.

1.3 Unless otherwise indicated, the terms "teachers" or "employees", when used hereinafter in this Agreement, shall refer to all unit members employed. The term "he" shall refer to both male and female unit members.

2.1 The parties agree to enter into collective negotiations over a successor agreement in accordance with Chapter 123, Public Laws of 1975, in a good faith effort to reach agreement on all matters concerning the terms and conditions of teachers' employment. Such negotiations shall commence on or before November 1, 2009. The Board and the Association representatives may meet informally prior to that date to engage in preliminary conferences to exchange information or for other reasons. Any Agreement negotiated shall apply to all teachers, be reduced to writing, be signed by the Board and the Association subject to the ratification of the Association membership and a final adopting by the Board of Education at a public meeting.

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

3.1 A "grievance" is a claim by a teacher or the Association based upon the interpretation, application or violation of this Agreement, policies or administrative decisions affecting a teacher or a group of teachers.

3.2 An "aggrieved person" is the person or persons of the Association making the claim.

3.3 The "party in interest" is the person or persons making the claim including the Association or the Board, who might be required to take action or against whom action might be taken in order to resolve the claim.

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

3.5 The number of days indicated at each level should be considered as a maximum and every effort should be make to expedite the process. The time limit specified may, however, be extended by mutual written agreement or consent.

3.B.1 Any problems shall be discussed informally, first with the Chief School Administrator within 25 school days after the act which caused the grievance. Should the Chief School Administrator be unable to resolve the problem to the satisfaction of the teacher or the Association within ten (10) school days, the matter shall be reduced to writing and re-submitted as a formal grievance through the Association to the Chief School Administrator.

      Within five (5) school days after receipt of the formal written grievance, the Chief School Administrator shall render a decision in writing to the Association and to the aggrieved employee.

      If the aggrieved person or the Association is not satisfied with the disposition of the grievance at Level One, or if no decision has been rendered within five (5) school days after the presentation of the grievance, then the aggrieved person or the Association, whichever deems the grievance meritorious, may within ten (10) school days request an appeal to the Board of Education. The request shall be submitted in writing through the Chief School Administrator, who shall forward the request to the Board of Education.

3.B.4 The Board shall review a grievance at the next regularly scheduled Board meeting, following the receipt of the grievance, or at the first special Board meeting following the receipt of the grievance, whichever occurs first. The Board shall then render a decision in writing to the Association within ten (10) school days following that Board meeting.

      If the aggrieved person is not satisfied with the disposition of his grievance at Level Two, or if no decision has been rendered within the time specified in section 3.B.4. he may within ten (10) school days after a decision by the Board or within ten (10) school days after its decision should have been rendered by the Board, request in writing that the Association submit the grievance to arbitration. If the Association determines that the grievance is meritorious, it may submit the grievance to arbitration within fifteen (15) school days after receipt of a request by the aggrieved person.

3.B.6 Within five (5) school days after such written notice at submission to arbitration, the Board and the Association shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, a request for a list of arbitrators may be made to the Public Employment Relations Commission by either party. The parties shall then be bound by the rules and procedures of the Public Employment Relations Commission.

3.B.7 The arbitrators decision shall be in writing and shall be submitted to the Board and the Association and shall be final and binding on the parties.

3.B.8 In the event that arbitrability of a grievance is at issue between the parties, jurisdiction to resolve the issues shall rest solely with the arbitrator selected in accordance with the provisions of Level Three, paragraph 3.B.6. of this Article.

3.B.9 The cost for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses, and the cost of the hearing room shall be borne equal by the Board and the Association. Any other expenses incurred shall be paid by the party incurring same.

3.B.10 Any aggrieved person may be represented at all stages of the grievance procedure by representatives selected or approved by the Association. When a teacher is not represented by the Association, the Association shall have the right to be present and to state its views at all stages of the grievance procedure.

3.B.11 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.

3.B.12 Forms for filing grievances, serving notice, taking appeals, making reports and recommendations and other necessary documents shall be prepared jointly by the Chief School Administrator and the Association and given appropriate distribution so as to facilitate operation of the grievance procedure. No materials or equipment of the School Board may be used in making reports or forms without the prior written consent of said School Board.

3.B.13 All meetings and hearings under this procedure shall not be conducted in public and shall include only such parties in interest and their designated or selected representatives, heretofore referred to in this ARTICLE.

3.B.14 If, in the judgment of the Association, a grievance affects a group or class of teachers, the Association may submit such grievance in writing to the Chief School Administrator directly and the processing of such grievance shall be commenced at Level Two. The Association may process such grievance through all levels of the grievance procedure even though an aggrieved person does not wish to do so.

3.B.15 It is understood that any employee shall, during and not withstanding the pendency of any grievance, continue to observe all legal and required assignments and rules and regulations of the Board of Education until such grievance is adjudicated.

4.1 Pursuant to Chapter 123, Public Laws of 1975, the Board hereby agrees that every teaching employee of the Board shall have the right freely to 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 dully selected 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 teacher in the enjoyment of any rights conferred by Chapter 123, Public Laws of 1975, or other laws of New Jersey or the Constitution of New Jersey and the United States: that it shall not discriminate against any teacher with respect to hours, wages, or any terms and condition of employment by reason of his membership in the Association and its affiliates, his participation in any activities of the Association and its affiliates, collective negotiations with the Board or his institution of any grievance, complaint or proceeding under this Agreement or otherwise with respect to any terms or conditions of employment.

4.2 Nothing contained herein shall be construed to deny or restrict to any teacher such rights as he may have under New Jersey School Laws or other applicable laws and regulations. The rights granted to teachers hereunder shall be deemed to be in addition to those provided by law.

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

4.4 Non-tenured teachers shall be afforded all rights guaranteed to them by law.

4.5 Whenever any teacher is required to appear before the Chief School Administrator, Board or any committee, member, representative or agent thereof concerning any matter which could adversely affect the continuation of that teacher in his office, position, or employment or the salary or the 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 Association present to advise him and represent him during such meeting or interview. Any suspensions of a teacher pending charges shall be without pay. During said period of suspension, the School Board shall place into an interest bearing escrow account all monies said suspended teacher would have received had he not been suspended. If said teacher is exonerated of the charges for which he were suspended, all monies in the aforementioned escrow account shall be immediately turned over to said teacher.

4.6 Teachers shall be responsible for evaluating student achievement and assigning grades in accordance with policies of the Estell Manor Board of Education. Should the chief School Administrator modify a grade, he shall initial the change on any and all pertinent records of the child.

4.7 Any question or criticism by a supervisor, administrator or Board member of a teacher and/or his instructional methodology shall be made in confidence and not in the presence of students, parents or other public gatherings.

4.8 No teacher shall be prevented from wearing pins or other identification of membership in the Association or its affiliates.

4.9 The Board agrees to install a dedicated telephone line in the teachers' room for use by teachers. Calls made for school purposes shall be paid for by the school. Personal long distance calls will be reimbursed by the teacher to the Board.

5.1 As of July 1, all ten month employees shall be entitled to ten (10) sick leave days each school year as of the first official day of the said school year, whether or not they report for duty on that day. All unused sick days shall be accumulated from year to year with no maximum limit.

5.2 Teachers shall be given a written accounting of accumulated sick leave days no later than September 30 of each school year.

5.3 Upon retirement, after fifteen (15) successful years of employment in the Estell Manor School District, the retiring teacher shall receive a payment from the Board equivalent to one-third the number of accumulated sick days times that retiring teacher's daily salary. Any person intending to utilize this benefit shall provide the Board with a minimum of one year's notice. The Board is not obligated to pay such retirement benefits until after one year has elapsed from written notification by the employee. If an employee does not provide the board with written notice no later than sixty days prior to the adoption of the following year’s school budget, the board has until September 30th of the following year’s budget after adequate notice to pay such benefit. Effective July 1, 2000, any teacher hired on or after that date shall receive a maximum payment under this provision of $20,000. *Example: Notice received January 15th 2007; board would have until January 15th 2008 to pay such benefits. Notice received February, March, April 2007, board would have until September 30, 2008 to pay such benefits.

6.1 Employees shall be entitled to the following temporary, non-accumulative leaves of absence with full pay each school year:
      Up to five (5) school days at any one time in the event of death of the teacher's parents, brothers, sisters, husband, wife, children, grandparents, grandparents-in-law, mother-in-law, father-in-law, sons-in-law, daughters-in-law, sisters-in-law, brothers-in-law.

6.2 Employees shall be entitled to no less than two (2) professional improvement days per year with prior approval of the Chief School Administrator and consistent with the employee's PDP. Additional days may be granted at the sole discretion of the Chief School Administrator for professional improvement pertaining to the PDP or pertinent continuing education topics. The Board may agree to pay mileage, registration, materials purchased and/or other related expenses. If approved, conditions related to reimbursement of aforementioned expenses will be provided the staff member with the notice of approval. Should the Chief School Administrator mandate such a leave, the Board shall pay appropriate expenses incurred.

6.3 Up to a total of three (3) days per year in the event of the following reasons will be excused with pay.
      (A) Illness in the immediate family. Immediate family shall mean spouse, child, parent, or any household member.
      (B) Personal business which cannot be conducted outside of the regular school day.
      (C) Any other emergency or urgent reason which is not included in sections (A) and (B), if approved by the Chief School Administrator or his designee. Should neither be available, the teacher should notify the appropriate school authority as soon as possible.
          Effective July 1, 1997, all unused personal leave days shall be accumulated as sick leave for the purpose of sick leave usage. Such days shall not be reimbursable under the terms of Article 5, 5.3. Such days shall be the last sick leave days available to the employee.

7.1 Teachers may use sick time for maternity reasons in accordance with the requirements of the law.

7.2 The Board shall grant child-rearing leave, without pay, to any teacher upon request subject to the following stipulations and limitations:
      (A) Child-rearing leave shall commence upon the date when the teacher's sick leave is no longer being utilized and shall terminate at the beginning of the first, second or third marking periods, at the request of the teacher. The length of such leave shall be determined in advance. Any extensions beyond the September following the leave shall be subject to Board approval.

(B) Any teacher rendered child-rearing leave shall be restored to a teaching position the same or similar to the one vacated before said leave.

(C) No teacher shall be prevented from returning to work after childbirth solely on the grounds that there has not been a time lapse between childbirth and the desired date of return.

(D) The Board shall not remove any teacher from her duties during pregnancy unless the teacher cannot produce a certificate from her physician that says she is medically able to continue teaching.

7.3 Any teacher adopting an infant child shall receive similar leave which shall commence on his receiving de facto custody of said infant, or earlier if necessary, to fulfill the requirements for the adoption. No teacher on child-rearing leave shall, on the basis of said leave, be denied the opportunity to substitute in the Estell Manor School District in the area of his certification or competence.

7.4 Leave of absence, without pay, of up to one year shall be granted for the purpose of caring for a sick member of the teacher's immediate family. Additional leave may be granted at the discretion of the Board. Immediate family shall mean spouse, child, parent, or any other minor for whom a teacher is legally responsible.

7.5 Other leaves of absence, without pay, may be granted by the Board for good reasons.

7.6 Upon the return from leave granted pursuant to this Article, the teacher shall be entitled to any increase in his salary base, he would have received had he not been granted leave, but shall not be entitled to any salary increase based upon experience for a period which he was not teaching.

7.7 All benefits to which a teacher was entitled at the time that his leave commenced, including unused accumulated sick leave and credits toward sabbatical eligibility, shall be restored to him upon his return, and he shall be restored to a teaching position the same or similar to the one vacated prior to said leave.

7.8 All extensions or renewals of leaves shall be applied for in writing, and all decisions shall be in writing.

7.9 Employees shall be entitled to all rights and benefits provided for under the Family Leave Act.

8.1 No teacher shall be required to report for duty earlier than forty (40) minutes before the opening of the pupil's school day and shall be permitted to leave at the close of the pupil's school day. "Pupil's school day" shall consist of six (6) hours and twenty (20) minutes which includes lunch.

8.2 The length of the teacher's duty-free lunch period shall be thirty (30) minutes.

8.3 Each member of the bargaining unit shall participate in a supervisory capacity at two (2) Board approved extra-curricular school activities per school year that are scheduled outside of the normal school day. A listing of the activities and the dates and times for each activity shall be posted no later than September 30 of each school year and each teacher shall sign up for the two (2) activities he wishes to supervise. Assignments for these two (2) activities shall be based upon seniority with those employees having the most seniority in the District having first choice as to the activities he wishes to supervise. The Association will be responsible for formulating the seniority list with the assistance of the Chief School Administrator, if necessary. In the event any activity exceeds three (3) hours in length, employees shall receive $25.00 per hour or for any part thereof that exceeds the three (3) hour limit.

8.4 Teachers shall attend one (1) "back to school" night, two (2) afternoon parent conferences and four (4) evening parent conferences per school year. On the days of parent conferences and “back to school” night, the school day for teachers shall be a half day.

8.5 Attendance at 8th Grade Graduation

8.5.1 Teachers who instruct 8th grade students for two (2) or more periods per day in language arts, math, social studies or science may be required to attend the 8th grade evening promotion exercise. In addition, teachers of art and music as well as the honor society club supervisor and student council club supervisor may also be required to attend. The school day for teachers attending the evening exercise shall be a half day. The school day for any other teachers who voluntarily attend the evening promotion exercise shall also be a half day.

8.5.2 The school day for teachers not attending the evening promotion exercise shall be a full day.

8.6 Work Day for Teachers on Student 1/2 Days

8.6.1 On student "half-days", teachers agree to have a twenty-five minute lunch period.

8.6.2 Students shall be dismissed at 1:30 p.m. on these "half-days" and teachers shall also be able to leave with their students at 1:30 p.m.

8.6.3 The parties acknowledge that this change in schedule thus results in an increase in student contact time of thirty (30) minutes on each of these "half-days".

8.6.4 Teachers shall be compensated for this additional thirty (30) minutes of student contact time per "half-day" by receiving compensatory time equal to thirty (30) minutes per "half-day". This compensatory time shall be utilized as "flex-time" by the teacher (arive late/leave early). Such time must be taken in 1/2 hour increments, whenever possible, subject to the approval of the administration. Such compensatory time must be utilized by the end of the school year in which it was earned or it will be forfeited by the teacher and may not be carried forward into the following school year.

8.6.5 The parties agree that the beginning of the school day shall be at 9:05 a.m.

8.6.6 Flex time is not earned for any day before a holiday when there is an earlier release of teachers than would occur on a day under the terms of Article 8, 8.1 of this Agreement.

8.7 The classroom teacher shall have duty-free preparation time when his classes are receiving art, music, or physical education instruction. If the art, music, or physical education teachers are absent, the Board shall provide a substitute up to fourteen (14) days per year. The fourteen (14) days total is to be interpreted to include total absences of any one or combination of absences of art, music, or physical education instructors. This Article shall be construed to mean an aggregate of fourteen (14) days per year and not necessarily consecutive days. All employees covered by this Agreement that are not "classroom teachers" shall also be entitled to the same amount of duty-free preparation time as the "classroom teachers".

8.8 The in-school work year for teachers employed on a ten (10) month basis (September 1 to June 30) shall not exceed one hundred and eighty-three (183) days inclusive of up to three (3) professional development days. The in-school work year shall include days when pupils are in attendance, an orientation day, and professional development days. The Board shall consider the "100 hours" standard when establishing the program for in-service days.

9.1 The salary of each teacher covered by this Agreement is set forth in Schedules A, B, and C which are attached.

9.2 All employees shall be placed on the proper level of the salary guide pertaining to their classification. New hires will be placed upon a Board agreed level but not move vertically more than one level per year. The Board of Education may hire individuals giving credit of up to but not more than his number of years teaching experience.

9.3 To facilitate computing of salaries, all teachers employed for ninety-one (91) school days or more with the Estell Manor Board of Education shall be given credit for a full year's experience. Those employed less than ninety-one (91) days, shall remain on the same employment level in the subsequent year.

9.4 Employees shall be paid on the fifteenth and the last day of each month. When a payday falls on or during a school holiday, vacation, or weekend, teachers shall receive their paychecks on the last working day prior to the holiday, vacation, or weekend.

9.5 Each teacher shall receive his final pay and the pay schedule for the following year on his last working day in June.

9.6 If the Board establishes a position of Teacher-in-Charge and appoints a teacher to fill that position, the Board shall pay to the said teacher six hundred fifty dollars ($650.00).

9.7 The Board currently has established positions of Title 1 Coordinator and Introductions to Vocations Coordinator. It is understood that these positions are funded through Federal and/or State programs and the Board agrees to keep these positions so long as such funding is extended to it. Any teacher holding one of these positions shall be paid $200.00 per year over and above their agreed upon salary schedule. Any teacher holding more than one of the above positions shall receive $200.00 for each position held over and above salary indicated in the attached salary schedules. It is expressly understood that if either or both of the above positions are funded, the Board reserves the right to abolish the positions and not be obligated to pay monies indicated in this section.

9.8 Any teacher beginning his twentieth (20th) year in the District and continuing each year thereafter shall have his base salary as stated in the salary schedule increased by an additional longevity amount equal to two percent (2%) of the employee's yearly salary.
      Any teacher beginning his twenty - eighth (28th) year in the District and continuing each year thereafter shall have his base salary as stated in the salary schedule increased by an additional longevity amount equal to 5.8% of the employee's yearly salary.
      Any teacher beginning his thirtieth (30th) year in the District and continuing each year thereafter shall have his base salary as stated in the salary schedule increased by an additional longevity amount equal to 6.5% of the employee's yearly salary.

9.9 Direct Deposit
      The Board agrees to establish a procedure with one (1) financial institution to be mutually agreed upon between the Association and the Board that will allow for a direct deposit of the employee's pay checks should such employee so select.

9.10 Savings Plan
      Upon application of not less than twenty percent (20%) of the employees, the Board of Education shall establish a savings plan through payroll deduction with an accredited institution as mutually selected by the Association and the Board. Once the plan has been instituted, new applications shall be accepted on a semi-annual basis.

9.11 Effective July 1, 2007 teachers providing academic services beyond the normal teacher work day (such as the Saturday program, the after-school basic skills program and home instruction) shall be compensated at the rate of $32 per hour. Effective July 1, 2008, the rate shall be $33 per hour. The rate will remain $33.00 per hour effective July 1, 2009.

10.1 The Board shall provide the health care insurance protection designated below. The Board shall pay the full premium for each teacher and in cases where appropriate, for family coverage:
      A. Blue Cross, Blue Shield, Rider J and Major Medical as provided by the New Jersey State Health Benefits Plan. The Board may provide coverage through another plan if such plan is equivalent to that being provided by the New Jersey State Health Benefits Plan.

10.2 The Board shall notify the Association and each unit member employed of any decision to seriously contemplate a change in its Blue Cross, Blue Shield, Rider J and Major Medical insurance carrier. Such notice shall be given at least ninety (90) days prior to a change in carrier taking effect.

10.3 The Board shall give 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.

10.4 The Board agrees to pay the actual tuition costs for six (6) credits per year upon approval of the Chief School Administrator at a state college or state university or at an approved private college or university. Reimbursement for the cost of these six (6) credits will be based on the tuition rate currently being charged by state colleges.

10.5 Teachers taking courses during the first, second and third years of employment will not receive renumeration until tenure has been secured. The renumeration will then be retroactive and will be paid to the teacher in a lump sum within sixty (60) days after the teacher has applied for it.

10.6 All courses must be approved in writing by the Chief School Administrator before enrollment, and all courses must be related to elementary education. For the purpose of this section, grades 7 and 8 shall be considered elementary.

10.7 A teacher should be required to furnish proof by transcript of successful completion (a minimum of a "B" average) or a "pass" for a pass/fall course to the Board of Education before reimbursement shall be made. An exception to the grade minimums listed herein shall be made for any statistics course for which the minimum grade shall be a "C".

10.8 Teachers shall be required to furnish evidence of tuition paid for courses taken.

10.9 The Board will provide a co-pay Prescription Drug Plan for the teacher and his/her family with a co-pay of $10/$5/$0 - $10 for brand names, $5 for generic, and no (0) co-pay for a mail order supply. Each employee participating shall make a monthly contribution of the following amounts:

      The parties agree that if the Board changes the health/hospitalization insurance plan to one which does not allow for submission of prescription co-payments to major medical, the prescription co-pay will revert to the $5 plan in effect before the 1997 - 2000 Agreement.

    10.10 The Board agrees to reimburse each teacher a maximum of $775.00 per school year for fees paid for Dental and/or Optical treatment and devices for the immediate family upon presentation of copies of receipts, itemized bills. Such payments shall be made on a quarterly basis, September 30, December 30, March 30, and June 30th, when submitted in accordance with the District's usual bill payment schedule. Bills shall be submitted to the Board Secretary ten (10) days prior to regularly scheduled meeting of the Board of Education.
        The Association is investigating the possibility of a dental plan to commence July 1, 2005. Should such a plan be instituted, the maximum annual premium contribution by the Board shall be $775. If premiums exceed $775 for an employee, the employee shall pay the premium difference by way of regular payroll deductions spread evenly over the year.
        If the cost of dental insurance for an individual employee is less than $775, the reimbursement plan set forth in the preceding paragraph shall be effective up to the difference between $775 and the actual premium paid for dental insurance coverage by the Board. Employees who waive dental insurance will not be required to pay any premium difference but will be eligible for reimbursement under the preceding paragraph only up to the difference between $775 and the premium which would have been paid for their dental insurance coverage by the Board.
        In the event that the dental plan is not established under the second paragraph above, these clarifications are made to the reimbursement plan: 1) reimbursement is limited to claims arising in the immediate family as defined under the health/hospitalization plan; 2) claims on dental or optical services are limited to those services provided by a dental or optical professional; and, 3) requests for reimbursement must be submitted in the year (July 1-June 30) in which they are provided.

    10.11 In order to be eligible for insurance coverages under 10.1, 10.9 and 10.10 above, an employee must work 25 hours per week. The parties agree that any teacher who worked at least 20 hours per week during the 1996-1997 year shall not be affected by the foregoing sentence.

    10.12 Effective July 1, 2007, children of employees may be enrolled in the District tuition-free under the provisions of Board Policy 5118 (except for the provisions on the payment of tuition.) The only benefit of a teacher on an unpaid leave of absence is pursuant to Article 10.12. This provision shall expire at the close of business on June 30, 2010, unless extended by the parties in writing.

    10.13 Effective July 1, 2005, there shall be a Section 125 plan if sufficient employees enroll to meet the plan administrator's requirements. Participating employees must pay all administrative costs, including those of the plan administrator, by way of regular payroll deductions.
    ARTICLE 11

    11.1 The Board and the Association agree that there shall be no discrimination and that all practices, policies, and procedures of the school system shall clearly exemplify that there is no discrimination in the hiring, training, assignment, promotion, transfer, or discipline of teachers, or in the application or administration of this Agreement on the basis of race, creed, color, religion, national origin, domicile, marital status or sex.

    11.2 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.

    11.3 Except as this Agreement shall provide otherwise, all terms and conditions of employment applicable on the effective date of this Agreement to employees covered by this Agreement as established by the Administrative procedures and practices in force on said date, shall continue to be so applicable during the term of this Agreement. Unless otherwise provided in this Agreement, nothing contained herein shall be interpreted and/or applied so as to eliminate, reduce, nor otherwise detract from any teacher benefit existing prior to its effective date. The term "past practice" means an established course of conduct which has continued in an uninterrupted fashion for at least two (2) years.

    11.4 If any provisions of this Agreement and/or applications 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 to the extent permitted by law, but all other provisions or applications shall continue in full force and effect.
    ARTICLE 12

    12.1 Non-tenured teachers shall be evaluated by their immediate superiors at least three (3) times in each school year, to be followed in each instance by a written evaluation and by a conference with the teacher and his immediate superior for each purpose of identifying any deficiencies, extending assistance for their correction and improving instruction. All evaluations shall be done in accordance with applicable statues and regulations.

    12.2 All tenured teachers shall be evaluated at least once each school year consistent with the criteria set forth in this Article.

    12.3 Teachers shall be evaluated only by persons certified by the New Jersey State Board of Examiners to supervise instruction.

    12.4 Any employee must be given a copy of any class visit or evaluation, including the Annual Summary Report, at least one (1) day before any conference to discuss it. Such conference shall be held within ten (10) school days of the observation or visit, except in cases of emergency. No such report shall be placed in an employee's file or otherwise acted upon without prior conference with the employee. No employee shall be required to sign a blank or incomplete form. An employee is required to sign a properly prepared evaluation form. An employee's signature indicates receipt, not necessarily agreement. Both parties to such conference will sign the written evaluation report and retain a copy of his records.

    12.5 A teacher shall have the right, upon request, to review the contents of his personnel file and to receive copies of any documents contained therein. A teacher shall have the right to have representative(s) of the Association accompany him during such review.

    12.6 The teacher shall sign a statement to the effect that he has read and understood the contents of the evaluation. Such acknowledgment by a teacher shall in no respect indicate that the teacher agrees with the contents of said evaluation, but it shall only indicate that the teacher has read and understood the evaluation in question. The teacher shall also have the right to submit a written answer to any such materials in his file and his answer shall be reviewed by the Chief School Administrator and attached to the file copy. This shall be done within ten (10) school days of receipt of the evaluation or similar material. Although the Board agrees to protect the confidentiality of personal references, academic credentials and other similar documents, it shall not establish any separate personnel file which is not available for the teacher's inspection.

    12.7 Final evaluation upon termination of his employment shall be concluded prior to severance and no documents and/or other material shall be placed in the personnel file of such teacher after severance or otherwise than in accordance with the procedure set forth in this Article.
    ARTICLE 13

    13.1 Expenses
        Teachers who are assigned to more than one school per day shall be reimbursed for all such travel at the prevailing IRS rate per mile for all driving done when traveling from Estell Manor. In order to receive mileage reimbursement, the employee must have on file in the business office proof of a valid driver's license and proof of automobile insurance. The employee must inform the business office of any change in status as soon as it occurs. The employee may waive mileage for the year and not be required to provide proof of a valid driver's license and proof of automobile insurance.

    13.2 Student Transportation
        Teachers shall not be required to transport students. In an emergency situation, teachers may volunteer to do so; however, the Board or its agents shall sign a waiver indemnifying the teachers and stating that he is acting in the course of his employment.
    ARTICLE 14

    14.1 Except as otherwise provided in this Agreement and under the provisions of Chapter 123, Public Laws 1975, the Association recognizes that the Board has the responsibility and the authority to manage and direct, in behalf of the public, all operations and activities of the Estell Manor School District to the extent authorized by law.

    14.2 Any questions or criticism by a teacher of any supervisor, administrator or Board member shall not be made in the presence of students during class or class related activities.
    ARTICLE 15

    15.1 Purpose of Fee
        If an employee does not become a member of the Association during any membership year (i.e., from September 1 to the following August 31) which is covered in whole or in part by this Agreement, said employee will be required to pay a representation fee to the Association for that membership year. The purpose of this fee will be to offset the employees per capita cost of services rendered by the Association as majority representative.

    15.2 Amount of Fee
        A. Notification - Prior to the beginning of each membership year, the Association will notify 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.
        B. Legal Maximum - In order to adequately offset the per capita cost of services rendered by the Association as majority representative, the representation fee should be equal in amount to the regular membership dues, initiation fees and assessments charged by the Association to its own members, and the representation fee may set up to 85% of that amount as the maximum presently allowed by law. If the law is changed in this regard, the amount of the representation fee automatically will be increased to the maximum allowed, said increase to become effective as of the beginning of the Association membership year immediately following the effective date of the change.

    15.3 Deduction and Transmission of Fee

    A. Notification - Once during each membership year covered in whole or in part by this Agreement the Association will submit to the Board a list of those employees who have not become members of the Association for the then current membership year. The Board will deduct from the salaries of such employees, in accordance with paragraph B below, the full amount of the representation fee and promptly will transmit the amount to the Association.

    B. Payroll Deduction Schedule - The Board will deduct the representation fee in equal installments, as nearly as possible, from the paychecks paid to each employee on the aforesaid list during the remainder of the membership year in question. The deductions will begin with the first paycheck paid:
        (1) ten (10) days after receipt of the aforesaid list by the board, or
        (2) thirty (30) days after the employee begins his or her employment in bargaining unit position unless the employee previously served in a bargaining unit position and continued in the employ of the Board in a non-bargaining unit position or was on layoff, in which event the deductions will begin with the first paycheck paid ten (10) days after the resumption of the employee's employment in a bargaining unit position, whichever is later.

    C. Termination of Employment - If an employee who is required to pay a representation fee terminates his employment with the Board before the Association has received the full amount of the representation fee to which it is entitled under this Article, the Board will deduct the unpaid portion of the fee from the last paycheck paid to said employee during the membership year in question.

    D. Mechanics - Except as otherwise provided in this Article, the mechanics for the deduction of the representation fees and the transmittal of such fees to the Association will, as nearly as possible, be the same as those used for the deduction and transmission of regular membership dues to the Association.

    E. Changes - The Association will notify the Board in writing of any changes in the list provided for in Paragraph 1 above and/or the amount of the representation fees, and such changes will be reflected in any deductions made more than ten (10) days after the Board received said notice.

    F. New Employees - On or about the last day of each month, beginning with the month this Agreement becomes effective, the Board will submit to the Association a list of all employees who began their employment in a bargaining unit position during the preceding thirty (30) day period. The list will include names, job titles and dates of employment for all such employees.

    15.4 Hold Harmless
        So long as the Board complies with the provision of this Article, the Association and all the employees which it represents will hold the Board safe and harmless regarding any and all funds deducted hereunder.
    ARTICLE 16

    16.1 This Agreement shall be effective as of July 1, 2007, and shall continue in effect until June 30, 2010.

    16.2 This printed contract covers ratified agreements for the July 1, 2007, through June 30, 2010 period

    16.3 In witness whereof, the Association has caused this Agreement to be signed by its President and Secretary and the Board has caused this Agreement to be signed by its President and attested by its Vice-President.


    BY: ________________________ BY: ________________________
        President President

    BY: _________________________ BY: ________________________
        Vice-President Vice-President
    SALARY SCHEDULE A - 2007-2008
    12$43,979BA + 15 = additional $700.00
    34$44,495BA + 30 = additional $1200.00
    56$45,630MASTERS = additional $2600.00
    78$48,185MA + 15 = additional $3200.00
    910$54,896MA + 30 additional $3700.00
    12 and 1313$65,736
    * Effective July 1, 1995, the BA + 15 column shall only remain in effect for those employees employed prior to July 1, 1995. Those employees employed after July 1, 1995 shall not be eligible to receive any extra compensation for a BA+15.
    SALARY SCHEDULE B - 2008-2009
    12$45,338BA + 15 = additional $800.00
    34$45,854BA + 30 = additional $1300.00
    56$47,024MASTERS = additional $2700.00
    78$49,657MA + 15 additional $3300.00
    910$56,573MA + 30 = additional $3800.00
    12 and 1313$67,744
    * Effective July 1, 1995, the BA + 15 column shall only remain in effect for those employees employed prior to July 1, 1995. Those employees employed after July 1, 1995 shall not be eligible to receive any extra compensation for a BA+15.
    SALARY SCHEDULE C - 2009-2010
    12$46.869BA + 15 = additional $1000.00
    34$47,369BA + 30 additional $1500.00
    56$48,578MASTERS = additional $3000.00
    78$51,298MA + 15 = additional $3500.00
    910$58,442MA + 30 = additional $4000.00
    12 and 1313$69,982
    * Effective July 1, 1995, the BA + 15 column shall only remain in effect for those employees employed prior to July 1, 1995. Those employees employed after July 1, 1995 shall not be eligible to receive any extra compensation for a BA+15.

    Softball Coach(s)
    Intramural Gymnastic Coach(s)
    Basketball Coach(s)
    Yearbook Advisor
    Student Council Advisor
    Drama/After School Advisor(s)
    Test Coordinator
    Safety Patrol Advisor
    Honor Society Advisor

    In the event extra-curricular activities are created in addition to those stated above, the salary for such positions shall be negotiated with the Association and made a part of this list.

    Estell Manor BE and Estell Manor EA 2007.doc