BOARD OF EDUCATION
JULY 1, 2012 - JUNE 30, 2015
Article # Page #(s)
#1. Recognition 4
#2. Negotiation of Successor Agreement 5
#3. Grievance Procedure 6-7
#4. Teaching Hours and Load 8-9
#5. Teacher employment 10
#6. Sick Leave 11
#7. Temporary Leaves of Absence 12 - 13
#8. Extended Leaves of Absence 14-16
#9. Professional Development and Educational Improvement 17 - 19
#10. Insurance Protection 20
#11. Deduction From Salary 21
#12. Retirement 22
#13. Miscellaneous Provisions 23
#14. Salary Guides 24
#15. Duration of Agreement 25
Schedule A - Salary Guides 26-28
Schedule B - Supplemental Position Schedule 29
This Agreement is entered into by and between the Board of Education of the Borough of Avon-by -the-Sea, hereinafter referred to as the "Board" and the Avon Education Association, hereinafter referred to as the "Association".
WHEREAS, the Board has an obligation pursuant to Chapter 123, Public Laws 1974, to negotiate with the Association as the representative of employees hereinafter designated, with respect to the terms and conditions of employment, and
WHEREAS, the parties have reached certain understandings, which they desire to confirm in the Agreement, be it
RESOLVED, in consideration of the following mutual covenants, it is hereby agreed as follows:
ARTICLE # 1
The Board hereby recognizes the Association as the exclusive and sole representative for collective bargaining for the terms and conditions of employment for all certified personnel whether under contract, or on leave, employed by the Board. This includes full and part time teachers, but excludes personnel on a per diem basis and others excluded by law.
Unless otherwise indicated, the term "teacher", when used hereinafter, shall refer to all professional employees represented by the Association in the negotiations unit defined above.
ARTICLE # 2
NEGOTIATION OF SUCCESSOR AGREEMENT
The parties agree to enter into collective negotiations over a successor agreement in accordance with Chapter 123, Public Laws of 1974, and shall meet within reasonable time and negotiate in good faith with respect to grievances and terms and conditions of employment. Such negotiations shall begin not later than October 1, (unless extended by mutual consent) of the calendar year preceding the calendar year in which this Agreement expires. Any agreement negotiated shall be reduced to writing, signed by the Board and the Association, and be ratified by the Board and the Association.
This Agreement shall not be modified in whole or in part by the parties except by an instrument in writing duly executed by both parties.
Neither party, in any negotiations, shall have control over the selection of the negotiating representatives of the other party.
A. A grievance shall mean a complaint by an employee or representatives of employees concerning the interpretation, application, or violation of this contract.
B. With respect to the grievance, the employee shall be assured freedom from restraint, interference, coercion, discrimination, or reprisal in presenting the appeal. The employee shall have the right to present their own appeal or designate the representatives of the Association, or any other representative of their own choosing, to appear with them or for them at any step in the appeal after the informal meeting with the Superintendent, up to and including Step 4 outlined in the following procedures:
All employees shall continue to be subject to the direction of the Superintendent until a decision is reached on the grievance. If the grievance is decided in favor of the employee, the Board shall reinstate any withheld back pay due to suspension.E. For this article, a business day is defined as any day in which the school business office is open. The school business office is open during the school year on days in which the teachers are required to be present, as per the Avon Elementary Annual School Calendar. During the summer months, the business office is open and the Board of Education will notify the Association by May 31 of that year as to what the days and hours of operation will be.
STEP 1 Any employee who has a grievance shall discuss it first with the
Superintendent (within five (5) business days of the occurrence of the incident) in an attempt to resolve the matter informally at that level.
STEP 2 If, as a result of this discussion, the matter is not resolved to the satisfaction of the employee within ten (10) or less business days, the employee may set forth the complaint in writing to the Superintendent. This letter shall contain a request for a meeting with the Superintendent within ten (10) business days after the receipt of this complaint. The employee may request representation at this meeting by any member of the Association. Following this meeting, the Superintendent shall communicate the decision to the employee in writing within five (5) business days.
STEP 3 If the grievance is not resolved to the employee's satisfaction, the employee may request a review by the Board. The request for review shall be submitted in writing through the Superintendent who shall attach all related papers and forward the request to the Board. The Board shall, before the next regular Board meeting, or within fifteen (15) business days of the receipt of the request, review the grievance, hold a hearing with the employee(s) if requested, and render a decision as quickly as possible, but within a period not to exceed thirty (30) business days from the date the request was submitted.
STEP 4 If the grievance involves the interpretation of the language of this contract, the grievant may submit said grievance to binding arbitration within fifteen (15) business days after receipt of the decision of the Board. Within (10) ten business days, after such written notice of submission to binding arbitration, the Board and the grievant and/or the representative, 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 a specified period, a request for a list of arbitrators shall be made to the American Arbitration Association by either party. The parties than shall be bound by the rules of the American Arbitration Association in selection of an arbitrator. The arbitrator so selected shall confer with the representatives of the Board and grievant and shall hold hearing promptly. The arbitrator shall be requested to issue the decision not later than thirty (30) business days from the date of the close of hearing, or if the oral hearings have been waived, then from the date the final statements and proofs on the issues are submitted to him/her. The arbitrator's decision shall be in writing and shall set forth the findings, reasoning, and conclusions on the issues submitted. The arbitrator shall be without power to make any decision, which required the commission of an act prohibited by law or which violates the terms of this Agreement. The decision of the arbitrator shall be final and binding upon the parties. The cost for services of the arbitrator shall be shared equally by the Board and the grievant and any other expenses incurred shall be paid by the party incurring same.
ARTICLE #4 TEACHING HOURS AND LOAD
A. Teachers will arrive no later than 8:05 a.m. and may leave the building at the end of the school day at 3:12 p.m. with the exception of days on which the normal schedule had been altered to accommodate testing, workshops, parent - teacher conferences, curriculum, or similar days.
Pupil contact time will remain five (5) hours and thirty-five (35) minutes.
C. Teachers may leave the building without requesting permission during their scheduled duty free lunch periods.
D. Teachers will have two preparation periods per full day of teaching. Preparation time shall be used for professional responsibilities such as: preparation of classroom activities and instructional materials; preparation and/or grading of student assignments and tests; review of student data; meeting with principals, colleagues, supervisors, staff, students, or parents. No more than one preparation period a week will be mandated to be used for a Professional Learning Community collaboration meeting. Teachers are required to receive prior approval from the superintendent should they want to leave the building during a prep time. Requests shall not be unreasonably denied. Teachers are to remain in the building if not approved to leave.
E. Substitute teachers shall be provided for all subject area teachers when they are absent, where possible. In the event that a substitute is not obtained and a teacher is required to cover a class, such teacher shall be reimbursed at the rate of $22.89 in the first year, $23.00 in the second year and $24.00 in the third year for a missed preparation period.
All teachers requested by the Superintendent to attend professional workshops on a weekend, holiday, or school recess, shall be reimbursed at the rate of $100.00 for the first year and $110.00 for the second and third years for a full day’s attendance.
F. Teachers will be assigned to playground/lunchroom supervision duty for a total of 60 minutes per week and not more than 3 days per week.
G. Unit members shall not be required to drive students to activities, which take place away from the school building.
The Superintendent, with Board approval, will compensate teachers for extra duties performed voluntarily outside the scope of the normal work day and not previously compensated under the other provisions of the collective bargaining agreement at the rate of $39.00 per hour, which would include preparation and presentation time as mutually agreed upon.
All teachers must attend Back - To - School Night and evening Parent - Teacher Conferences. Supervising teacher(s) are required to attend after school and/or evenings activities including but not limited to the Holiday Program, Science Fair, Art Show, Spring Musical, and Graduation.
K. Evening conferences will be held for parents who are unable to attend day sessions based on a schedule mutually agreed to by the Superintendent and designated representatives from the Association. M. Teachers shall report to school 185 days per year, of which 180 days shall be student instructional days and 5 days will be teacher in-service days. The school calendar may reflect more than 185/180 days to include time for emergency closing days. If the scheduled emergency days are utilized, the school calendar will be extended to fulfill the 185 days for teacher reporting and the 180 days of student instruction.
L. Staff meetings will be held once a month. There will be five half (1/2) hour meetings per school year and five one hour meetings per school year.
N. Part-time teachers will be compensated for attendance at a relevant scheduled district in-service day that has been scheduled on a non-reporting day for that teacher if requested by the Superintendent and mutually agreed upon. The part-time teacher shall be paid at their per diem rate for their attendance.
A. The Board agrees when possible, to hire only fully certified teachers holding/appropriate certificates issued by the New Jersey State Board of Examiners for every teacher in assignment.
B. The Board may grant teachers with previous teaching experience in this district, upon returning to the system, credit on the salary guide for Board approved teaching experience. Peace Corps, VISTA, or National Teacher Training Corps, work and time spent on a Fullbright Scholarship up to a maximum set forth in the salary guide.
Teachers shall be notified in writing of their contract and salary status for the ensuing year no later than May 15th.
A. All full-time teachers shall be entitled to ten (10) sick leave days per school year, which shall accumulate. These shall be in accordance with N.J.S.A. 18A. In addition, all teachers shall be granted two (2) additional non - accumulative sick leave days during the contract year, but only after ten (10) sick leave days have been used.
B. Teachers shall be given written account of accumulated sick leave days not later than September 30th of each school year.
C. All teachers shall be entitled to four (4) personal days per school year, or their full time equivalent, for personal, legal business, household or family matters which require absence during school hours. Application to the Superintendent for personal leave shall be made at least (3) days before taking such leave except in an emergency. The Superintendent may require a change of date if granting such leave would result in more than two classroom teachers being absent on the requested day(s). No personal days may be used immediately before or after a school recess. All unused personal leave days shall accumulate as sick days at the end of each school year.
D. Part time teachers shall receive sick and personal days pro rated as per their full time equivalency rounded to the nearest half (1/2) day.
TEMPORARY LEAVES OF ABSENCE
Teachers shall be entitled to the following temporary, non-accumulative leaves absence with full pay:
As it is the Board’s desire to foster and maintain a caring relationship with the staff of the Avon School, the following and other temporary, non-accumulative leaves with full pay may be granted by formal action of the Board:
Up to five (5) consecutive days bereavement leave shall be granted for members of the immediate family and three (3) consecutive days for relatives outside the immediate family.
2. Teachers shall be provided opportunities to visit other schools and to attend meetings or conferences of an educational nature for the development of increased competence beyond that which they may attain through the performance of their assigned duties.
For this purpose “immediate family” should be interpreted as meaning spouse, domestic partner or civil union partner, child, parent, mother-in-law, father-in-law, sibling, grandparent, grandchild, or any member of the immediate household.
For this purpose, “relative outside the immediate family” shall be interpreted as aunt, uncle, son-in-law, daughter-in-law, brother-in-law, sister-in-law, and other step children not a member of the immediate household.
Up to six (6) days at any one time to care for a serious illness involving the teacher’s immediate family or family members living in the same household. Immediate family will include the teacher’s spouse, child, parent, or sibling. Both the Superintendent and Board President, prior to any time being taken, must approve the leave. The Board, at their next scheduled business meeting, must ratify the above referenced approval. In the event of an emergency, the teacher will be charged for any sick days used to care for a family member. Those sick days may be reinstated by action of the Board if deemed appropriate at their next regular business meeting.
If additional time is needed, the employee may take an unpaid leave in accordance with the Family Medical Leave Act. Board approval will be needed for use of accumulated sick time.
In the event of the death of an active teacher, staff member, or student of this system, the Superintendent may grant members of the teaching staff sufficient time off to attend the funeral.
EXTENDED LEAVES OF ABSENCE
A. The following and other leaves of absence without pay may be granted by the Board for good reason:
A leave of absence without pay of up two (2) years may be granted to any tenured teacher who joins the Peace Corp, VISTA, National Teacher Corps, Project Hope or serves as an exchange teacher to overseas, and is a full time participant in either.
2. The Board may grant childcare or adoption leaves of absence without pay or benefits to employees under the following terms and conditions:
Any tenured or non-tenured employee may request an unpaid leave of absence to care for a newly born or adopted child. If the employee has sick days accumulated, they may be used for this leave until exhausted.
Teachers should make a request for this leave at least 90 days prior to the commencement date of the leave. This 90 day notification requirement may be reduced by agreement between the teacher and the Superintendent in the case of unforeseen circumstances.
Any teacher may return to work within the school year in which the leave begins, provided he or she has requested to do so in the original application for this leave, specifying then the date when he or she plans to return. Any change of date of return within the same school year shall be allowed at the discretion of the Board. Such change may be granted for reasons associated with the pregnancy, birth or adoption.
Any tenured teacher who wishes to extend said leave beyond the school year in which it begins shall make written application to the Board of Education at least 90 days prior to the beginning of the school year.
Tenured employees shall be granted a child care or adoption leave without pay for not more than two years. When the leave is granted, the teacher will return as a tenured employee to a position for which he or she is certified. The position may not necessarily be the position that the teacher left to take a leave but shall be substantially equivalent.
Time on leave does not count towards the tenure of non-tenured employees.
Nothing herein shall be construed to require the Board of Education to grant tenure or to offer a new contract to any non-tenured teacher who would not have otherwise been offered a contract.
Teachers must work at least 90 school days in a given school year before or after their leave in order to be eligible for movement on the salary guide. The use of sick leave days shall not be considered working days for the purpose of determining the number of days worked in a given year.
Any teacher granted a leave of absence under this Article shall have benefits paid for by the Board of Education as per the mandates of the Family Medical Leave Act, New Jersey Family Leave Act and accompanying regulations.
In computing service to determine the employee's position on the salary guide at expiration of leave, time spent on leave shall not be counted as active service in this school district.
3. Any teacher shall notify the Superintendent of her condition as soon as possible. If she elects to remain in her position, she may be required to submit periodic certification of her continuing fitness to perform her duties. Notification of any teacher’s intention to take leave associated with pregnancy shall be in writing, specifying the date on which she intends to begin her leave(s), maternity/ disability, family leave and childcare leave, and the date on which she wishes to return to work. This notification must be made at least 90 days prior to the beginning of the leave.
During the time a teacher is on leave, be it Maternity Disability, Family Leave or Child Care Leave, the teacher is eligible to use any accumulated sick time. Leave may be taken without pay in the event the teacher does not have accumulated sick leave.
Should the anticipated period of disability occur early in the school year and therefore could substantially disrupt the educational process, it may be in the best interests of all parties for the leave to start at the beginning of the school year.
The commencement date of maternity disability leave may be anytime prior to birth. The Board recognizes that pregnancy does not necessarily disable a teacher and thus no teacher will be required to take unpaid leave of absence for pregnancy.
At the end of the disability period, the teacher may take up to twelve weeks family leave under the New Jersey Family Leave Act.
A leave of absence without pay of up to one (1) year may be granted to tenured teachers for reasons of personal or family health. Additional leave may be granted at the discretion of the Board.
An employee on leave of absence may return upon expiration of the leave when there is a position available for which the employee is qualified. Application to return from leave of absence should be filed with the Superintendent not later than March 15lh preceding the September of the year of return.
All extensions or renewals of leaves shall be applied for and granted in writing.
PROFESSIONAL DEVELOPMENT and EDUCATIONAL IMPROVEMENT
The Board agrees:
To pay the full cost of tuition and other reasonable expenses incurred in connection with any courses, workshops, seminars, conferences, in-service training sessions, or other sessions which a teacher is required and/or requested by the administration to take. To pay the reasonable expenses (including fees, meals, lodging and/or transportation) incurred by teachers who attend such sessions.
The Avon Board of Education recognizes and encourages the pursuit of graduate education related to the professional responsibilities of its teachers. To encourage further professional development, teachers enrolled in an administratively approved course will be paid tuition reimbursement grants for up to 9 graduate credits per summer session and six graduate credits per fall and spring semester, subject to the following conditions below. Courses must be related to the professional responsibilities of the teacher. All tuition reimbursement must comply with current legal requirements imposed by the State of New Jersey.
All courses must be taken at schools accredited by the New Jersey Department
of Education, New Jersey Department of Higher Education, Middle States Association of Colleges and Schools, Commission on Higher Education, or in the case where the institution is in another state, approval of that state’s accrediting agency.
Tuition reimbursement is available to all teachers who have served at least one full school year in the district. Payments under this article are considered short-term loans provided by the Avon Board of Education to cover these educational costs and the teacher shall be required to execute a promissory note relating to the same. To the extent that a teacher works for two years for the Board following completion of the course for which they receive monies, the loan for that course or courses shall be forgiven and the teacher shall not have to repay the loan. In the event the teacher voluntarily leaves the district and fails to complete the two years of employment following completion of the course for which funds are received, the employee shall be responsible to repay the funds that were on loan based on the terms of the promissory note(s) and the Board shall have the authority to withhold any remaining loan payments from the employee’s outstanding paycheck(s). If the teacher’s departure from the district is due to non-renewal of contract by the Board of Education then reimbursed tuition will not be considered due back.
Request in writing must be received on the form designated by the Superintendent and shall include a course description. The Superintendent may request additional information, if necessary. In order to be approved by the Superintendent, requests must be received by:
Approval by the Superintendent shall be in writing prior to registration. Within 8 days of the above listed dates, teachers will be informed regarding what percentage of reimbursement they will receive, based on the allotted amount and the number of requests.
For the duration of this contract, the Board will pay a maximum of the prevailing average of the per credit cost of graduate tuition Rutgers University (New Brunswick).
April 15 for the Summer Session
August 1 for the Fall semester
December 1 for the Spring Semester
The teacher must achieve a minimum grade of a “B” or its equivalent to be eligible for tuition reimbursement.
The total amount to be paid for teachers for the 2012-2015 school years shall be $16,000 per year. One third of this amount will be encumbered for the summer session, one third for the fall session and one third for the spring session. Teachers will receive a prorated amount per credit, based on the number of requests in any given semester. If requests do not exceed the allotted amount, teachers will receive full reimbursement at the Rutgers average rate. Any unused amount in any given semester will be divided amongst the remaining sessions within the same fiscal year. If unused funds remained after the final semester of the school year, monies will be equally pro-rated amongst teachers who received less than full reimbursement in previous semesters. Unused funds cannot be carried over from one fiscal year to the next.
Reimbursement can occur only after receipt of the following:
Tuition reimbursement grants shall be made to the teacher at the payroll following the next Board of Education meeting after the receipt of above records.
Receipted bill for tuition (cancelled check, or bill marked “paid.”)
Official transcript of grade showing a “B” or better as an earned mark.
Copy of Superintendent’s prior approval.
These items must be received by:
September 10th for Summer courses
January 10th for Fall courses
June 10th for Spring courses.
It is the teacher’s responsibility to adhere to all deadlines and to provide all necessary documentation.
To cooperate with the Association in arranging in - service courses, workshops, conferences, and programs designed to improve the quality of instruction.
Those teachers who have earned any additional credits or degrees shall be compensated at the rate above the Bachelor Level on the attached salary guide. Teachers earning their MA or M A+30 must submit notification and transcripts to the superintendent's office by August 1 5 to be eligible for movement on the guide as of September 1. Alternatively, teachers may submit notification and transcripts to the superintendent's office by January 15th to be eligible for movement on the guide as of February 1.
Current health benefits pursuant to Article #10 will remain in effect for the duration of the contract, until and unless changed by New Jersey State Health Benefits Program, hereinafter referred to as "N.J.S.H.B.P." Qualified unit member shall mean any employee working over twenty – five (25) hours per week, as per new legislation effective May 21, 2010.
A. The Board shall pay the family contract cost for the N.J.S.H.B.P. for all qualified unit members. The Board Secretary shall administer the plan.
The Board shall assume the full cost of family co-payment prescription plan from NJSHBP. The Board Secretary shall administer the plan. The co-payments determined by NJSHBP will be the responsibility of the Teacher.
C. All current eligible employees will maintain their dental coverage as written by Horizon and the Board Secretary shall administer the plan. All employees working over (25) hours per week, as per new legislation effective May 21, 2010, will be offered dental coverage subject to eligibility requirements of the N.J.S.H.B.P. Single dental coverage will be offered for those employees who are not tenured. Full family dental coverage will be offered once tenure is achieved.
Any employee hired after September 1, 2001 and working less than twenty (25) hours per week, as per new legislation effective May 21, 2010, will not be eligible for any medical, prescription, or dental coverage.
E. As to rejoining or adding spouse/dependents to the plan due to a change in circumstance or hardship outside of the open enrollment periods (as specified by NJSHBP) N.J.S.H.B.P. would ask for proof of change or hardship involved and could process the change on a monthly basis, as needed, after receiving proof of the event.
F. If the Board deems it desirable to change plans, the plan put into place will be equal to or better than the existing plan.
A. All deductions from salary shall be in accordance with and subject to State Law.
B. The Public Employees Federal Credit Union deduction plan:
1. Shall be administered by Public Employees Federal Credit Union.
C. Staff pay with all deductions shall be figured for the entire school year. Deductions will be divided into twenty (20) equal installments or prorated according to the individuals’ start date made payable semi-monthly on the 15th and 30th of each month during the school year.
2. Shall be voluntarily authorized in writing by the employees.
Employees with twelve (1 2) or more continuous years of service in the Avon-by-the-Sea School District shall be compensated at $100 per day multiplied by the accumulated sick leave standing to the credit of the employee upon voluntary retirement. Written notice of retirement must be provided to the Board at least sixty (60) days prior to termination of employment. The amount accruing and payable under the provision shall be reduced by any deduction required by law. The Board has the right to increase the buy back rate without establishing a precedent.
A. If any provisions of the Agreement or any application of this Agreement are 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.
B. Any individual contract between the Board and an individual unit member, heretofore and hereafter executed, shall be subject to and consistent with the terms and conditions of this Agreement. If any individual contract contains any language inconsistent with this Agreement, this Agreement, during its duration shall control.
Copies of this Agreement shall be printed and expenses shared by the Association and the Board, after agreement with the Association on format, within thirty (30) days after the Agreement is signed. Copies shall be presented to all unit members now employed or hereafter employed.
A. Salary Guides are attached.
B. Supplemental Position Schedules are attached.
DURATION OF AGREEMENT
This Agreement is effective from July 1, 2012 to June 30, 2015. It shall not be executed orally and it is expressly understood that it shall expire on the date indicated unless it is extended in writing by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed by their respective representative on this 23rd day of May 2012.
AVON BOARD OF EDUCATION AVON EDUCATION ASSOCIATION
Robert Shafer Jennifer Silvestri
Kenneth Child Jessica Procopio
Laura Davey Danielle Orfanidis
Amy S. Lerner, Board Secretary
Schedule A: Salary Guides
0-10 Years +0
11-15 Years +$375
16-20 Years +$1,000
21-25 Years +$1,500
25+ Years +$2,000
Schedule A: Salary Guides
0-10 Years +0
11-15 Years +$375
16-20 Years +$1,000
21-25 Years +$1,500
25+ Years +$2,000
Schedule A: Salary Guides
0-10 Years +0
11-15 Years +$375
16-20 Years +$1,000
21-25 Years +$1,500
25+ Years +$2,000
Schedule B: Supplemental Position Schedule
July 1, 2012 – June 30, 2015
Soccer Coach, Boys $2,246
Soccer Coach, Girls $2,246
Boys Basketball $3,068
Girls Basketball $3,068
Cheerleading Advisor $2,575
Girls Softball Coach $2,246
Boys Baseball Coach $2,246
Safety Patrol Advisor $1,096
Eighth Grade Advisor $1,945
Head Teacher $1,644
Overnight Field Trip Stipend $ 520
Coordinate of CST $2,547
Substance Awareness Coordinator $1,096
National Junior Honor Society Advisor $ 657
Dance Chaperone (per dance) $ 82
Technology Coordinator $3,013
Athletic Coordinator $2,849