Contract Between
Bordentown Reg Sch Dist B/E-Burlington
- and -
Bordentown Reg EA
* * *
07/01/2003 thru 06/30/2006


CategorySchool District
UnitAides, Clerical, Custodians, Teaching/Professional Staff

Contract Text Below
50





AGREEMENT

Between


BORDENTOWN REGIONAL SCHOOL DISTRICT BOARD OF EDUCATION
and
BORDENTOWN REGIONAL EDUCATION ASSOCIATION



Covering



CERTIFIED PERSONNEL

and

SECRETARIES, AIDES, AND CUSTODIANS


July l, 2003 - June 30, 2006










TABLE OF CONTENTS
Article Page

Preamble............................................................................................................. 3

I Recognition…………………………………………………………………… 4

II Negotiations Procedures…………………………………………………….. 5

III Grievance Procedures………………………………………………………. 6

IV Member Rights................................................................................................ 11

V Associated Rights and Privileges................................................................... 12

VI Board Rights and Responsibilities………………………………………… 14

VI Board Staff Relations Committee………………………………………… 15

VIII Work Hours and Workload—Certified Staff……………………………. 16

IX A. Work Year and Work Hours--Secretaries and Aides......................... 19

IX B. Work Year and Work Hours--Custodians/Maintenance....... ……… 22

IX C. Other Conditions of Employment—Custodians/Maintenance……. 25

X Salaries........................................................................................................ 27

XI Employee Assignment............................................................................... 31

XII Evaluation Procedures--Certified Staff................................................... 33

XIII Evaluation Procedures--Non-Certified Staff.......................................... 36

XIV Employee Facilities................................................................................... 38

XV Sick Leave Policy……………………………………………………….. 39

XVI Temporary Leaves of Absence................................................................ 41

XVII Extended Leaves of Absence................................................................... 43

XVIII Sabbatical Leaves..................................................................................... 47

XIX Professional Development & Educational Improvement……………. 48

XX Supervision of Student Teachers............................................................ 49

XXI Protection of Unit Members................................................................... 50

XXII Deduction from Salary............................................................................ 51


XXIII Insurance Protection............................................................................... 53

XXIV Miscellaneous Provisions........................................................................ 54

XXV Duration of Agreement.......................................................................... 55

Schedule A through F
Salaries and Extracurricular.............................................................................. 56


PREAMBLE

This Agreement, entered into this 9th day of October, 2003, by and between the Board of Education of the Bordentown Regional School District of New Jersey, hereinafter called the "Board," and the Bordentown Regional Education Association, hereinafter called the "Association," represents and incorporates the com­plete and final understanding and settlement by the parties of all bargainable issues which were or could have been the subject of negotiations.

ARTICLE I

RECOGNITION

A. The Board hereby recognizes the Association as the exclusive and sole representative for collective negotiations concern­ing the terms and conditions of employment for certified non-supervisory personnel employed by the Board under contract or on leave, including:

· Classroom Teachers
· Special Area Teachers including: music, art, physical education, home economics, family and consumer science, and industrial arts and technology
· Librarians
· Nurses
· Compensatory Education and Title I Teachers
· Teachers of Special Education
· Speech Therapists
· Child Study Team Members
· Guidance Counselors
· Athletic Trainer
· Substance Abuse Coordinator
    but excluding all supervisory personnel and all hourly rate employees.

    The Board also recognizes the Association as the exclusive and sole representative for collective negotiations con­cerning the terms and conditions of employment for the following employees whether under contract or on leave:

· Secretaries
· Clerks
· Instructional Aides
· General Aides
· Custodians and Maintenance Personnel
      but excluding the Supervisor of Buildings and Grounds, the Secretary to the Superinten­dent, the Payroll Secretary, the Secretary to the Board Secretary/Business Administrator, and the CE/R Administrative Assistant

B. Unless otherwise indicated, the term "unit member," when used hereinafter in this Agreement, shall refer to all employees represented by the Association in the negotiating unit as above defined. The particular terms and conditions of employment of the Athletic Trainer are described in the job description for that position adopted by the Board on July 1, 2003, and are not modified by this agreement except as specifically stated herein.




ARTICLE II

NEGOTIATIONS PROCEDURES

A. The parties agree to enter into collective negotiations over a successor Agreement, in accordance with Chapter 303, Public Laws of l968, and as amended by Chapter l23, Public Laws of l974, in a good faith effort to reach agreement on matters concerning the terms and conditions of unit member employ­ment. The parties shall exchange proposals during the month of January in the calendar year in which the contract expires. The parties shall hold their first nego­tiations session during the month of March of the calendar year in which the contract expires.

B. During negotiations, the Board and the Association shall present relevant data, exchange points of view and make proposals and counterproposals.

C. Neither party in any negotiations shall have any control over the selection of the negotiating representatives of the other party. The parties mutually pledge that their representa­tives shall be clothed with all necessary power and authority to make proposals, consider proposals and make counter­proposals in the course of negotiations. The Board and the Association retain the right to review, ratify or reject the tentative agreements reached by their negotiations represen­tatives.

D. 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.


ARTICLE III

GRIEVANCE PROCEDURES

A. Definitions

1. A "grievance" is a claim based upon an event or condition which affects the terms and conditions of employment of a unit member or group of unit members and/or the interpretation, meaning or application of any of the provisions of this Agreement.

2. An "aggrieved person" is the person or persons making the claim.

3. A "party-in-interest" is the person or persons making the claim and 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 resolve grievances, at the lowest possible, at the lowest possible level, which may, from time to time, arise concerning the terms and conditions of employment of unit members. 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 unit member having a grievance to discuss the matter informally with any appropriate member of the administration, and to have the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with terms of this Agreement and that the Association has been given the opportunity to be present at such adjustment and to state its views.

    3. The Association shall have an opportunity to file a grievance even when the aggrieved individual is unwilling to do so on his/her own.

    C. Procedure
            1. Since it is important grievances be processed as rapidly as possible, the number
            of days indicated at each level shall be a maximum, and every effort should be
            made to expedite the process. Failure by a grievant to pro­cess the grievance in
            a timely fashion shall constitute a waiver of the right to grieve on the matter in
            question. Failure by the Administration or the Board to respond to a grievance
            in a timely fashion at Level One, Two or Three shall permit the grievant to
            proceed to the next step in the procedure. The time limits specified may,
            however, be extended by mutual agreement. A grievance must be initiated in
            writing at Level One within twenty (20) school days of the point of grievance.


            2. 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, 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 it is
            practic­able.

        3 . Level One
                a. A unit member with a grievance shall first discuss it orally--a teacher, secretary or aide with his/her principal; a custodian or maintenance person with the Supervisor of Buildings and Grounds--with the objec­tive of resolving the matter informally. The unit member may elect to have an Association representa­tive present.

                b. If the aggrieved person is not satisfied with the disposition of his/her grievance at Level One (a), s/he may file the grievance in writing with the principal, or Business Administrator, in the case of custodians or maintenance personnel, within twenty (20) school days of the incident giving rise to the grievance, with the objective of resolving the matter by a written decision within five (5) school days after receipt of the written grievance.
    4. Level Two
                a. If the aggrieved person is not satisfied with the disposition of
                of his/her grievance at Level One, or if no decision has been
                rendered within five (5) school days after written presentation of
                the grievance, s/he may file the grievance, in writing, with the
                Association within five (5) school days after the decision at Level
                One or ten (l0) school days after the written grievance was
                presented, whichever is sooner. Within five (5) school days after
                receiving the written grievance, the Association should refer it to
                the Superintendent of Schools if it determines that the grievance is
                meritorious.
                b. If the aggrieved person is not satisfied with the disposition of his/her grievance at Level Two (a), or if no decision has been rendered within five (5) school days after presentation of the grievance to the Association, s/he may file the grievance, in writing, with the Superintendent.

    5. Level Three
    a. If the aggrieved person is not satisfied with the disposition of
    his/her grievance by the Superinten­dent, or if no decision has been
    rendered within ten (l0) school days after the grievance was
    delivered to the Superintendent, s/he may, within five (5) school days after a decision by the Superintendent or fifteen (l5) school days after the grievance was delivered to the Superinten­dent, whichever is sooner, request, in writing, that the Association submit the grievance to the Board.


    b. This request shall be submitted through the Superintendent who
    shall attach all related papers and forward the request to the Board.
            c. The Board, or a committee thereof, shall review the grievance, and,
            if requested, shall hold a hearing with the employee and other
            interested parties in order to establish all the facts.
    d. The Board will render a decision, in writing, to the aggrieved
                person within thirty (30) calendar days.
    6. Level Four
            a. If the aggrieved person is not satisfied with the disposition of
            his/her grievance at Level Three, or if no decision has been rendered within thirty (30) calendar days after the grievance was delivered to the Board, the aggrieved person may, within five (5) school days after a decision by the Board or thirty-five (35) calendar days after the grievance was delivered to the Board, whichever is sooner, request in writing that the Association submit its grievance to arbitration. If the Association determines that the grievance is meritorious, it may submit the grievance within fifteen (l5) school days after receipt of the grievance by the aggrieved.
            b. Within ten (l0) school days after such agreement to submit the grievance 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 will be made, on a rotating basis, to the American Arbitration Associ­ation and the Public Employment Relations
            Relations Commission, by either party. The parties will be bound by the rules and procedures of the agency utilized for that grievance.
        c. The arbitrator's decision shall be in writing and shall be submitted to the Board and the Association and shall be final and binding on the parties regarding grievances involving alleged violations of the express terms of this Agreement, and shall be advisory to the parties regarding grievances involv­ing Board policy and administrative decisions affecting terms and conditions of employment.

    d. The arbitrator shall limit him/herself to the issues submitted to him/her and shall consider nothing else. S/he can neither add nor subtract anything to or from the Agreement between the parties. The only grievances which may be arbitrated are those alleging that there has been a violation of the express, written terms of the locally negotiated Agreement. The arbitrator shall have only the power to interpret what the parties to the Agreement intended by the specific clause in the Agreement which is at issue. His/her recommendations on such an interpretation shall be binding on the parties.


    D. Rights of Unit Members to Representation
        Any unit member in 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.

    E. Miscellaneous
        l. Decisions rendered at Level One (b), Levels Two and Three of the grievance procedure shall be in writing setting forth the decision and the reasons therefore and shall be transmitted promptly to all parties.
        2. All documents, records and communications between the grievant/Association and the Administration/Board 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 and shall be made available to the Association representative upon request.
        3. 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.
        4. The costs for the services of the arbitrator shall be equally shared by both parties to the Agreement, and any additional costs shall be paid solely by the party incurring such costs.
        5. Forms for filing grievances, serving notices, taking 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 operation of the grievance procedure.
        6. If a grievance affects a group or class of unit members, and it cannot be resolved by the appropriate principal, the grievance committee may submit such grievance, in writing, to the Superintendent directly; and the processing of such grievance shall be commenced at Level Two.

    ARTICLE IV

     MEMBER RIGHTS

    A. Pursuant to Chapter 303, Public Laws of l968, as amended by chapter l23 Public Laws of l974, the Board hereby agrees that every 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 duly selected body exercising governmental power under color of the law of the State of New Jersey, the Board undertakes and agrees that it shall not directly or indirectly discourage or deprive or coerce any unit member in the enjoyment of any rights conferred by Chapter 303, Public Laws of l968, or other laws of New Jersey or the Constitutions of New Jersey and the United States; that it shall not discriminate against any unit member with respect to hours, wages or any terms or conditions of employment by reason of his/her membership in the Association and its affiliates, his/her participation in any activities of the Association and its affiliates, collective negotiations with the Board, or his/her institution of any grievance, complaint or proceeding under this Agreement or otherwise with respect to any terms or conditions of employment.
        An employee who chooses to arbitrate a grievance alleging a violation or misinterpretation of this clause shall be precluded from submitting the same grievance or complaint to any other legal forum. An employee who files a grievance or complaint in any other legal forum regarding the rights delineated in this paragraph shall be precluded from submitting the same grievance to arbitration.

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

    C. No unit member shall be prevented from wearing pins and other identification of membership in the Association or its affiliates if kept within bounds of good taste.

    D. The teacher shall maintain the right and responsibility to determine grades and other evaluations of students within the grading policies of the Bordentown Regional School District. The administrator will show the teacher any changes made on the student's official records and indicate, in writing to the teacher, the reason for these changes. This is to be given to the teacher prior to the first day of the succeeding year.

    E. Unit members shall not be required to drive students in the unit members' own vehicles.

    F. Tenured secretaries and clerks and non-tenured, non-certified unit members shall be subject to reductions in force in accordance with their seniority within the District, including consecutive years of service in the Bordentown City, Bordentown Township or Bordentown Regional High School Districts, when in the judgment of the administration the performance of the affected employees is equal.

    ARTICLE V
    ASSOCIATION RIGHTS AND PRIVILEGES

    A. 1. The Board agrees to furnish to the Association, in response to mutually agreed upon reasonable requests from time to time, all available public information concerning the finan­cial resources of the district, including but not limited to: annual financial reports and audits, register of certified personnel, tentative budgetary requirements and allocations, agendas and minutes of all Board meetings, census data, names of all unit members, and such other information that shall assist the Association in developing intelligent, accurate, informed and constructive programs on behalf of the unit members.

    2. A copy of the Board agenda for upcoming meetings and the Board minutes of the previous meeting will be sent to the President of the BREA and the four Head Building Representatives. These will be sent prior to each meeting.

    B. Whenever any unit members are mutually scheduled by both parties to participate during working hours in negotiations, grievance proceedings, conferences or meetings, they shall suffer no loss in pay.

    C. The Association, representatives of the Association, the New Jersey Education Association and the National Education Asso­ciation shall be permitted to transact official Association business on school property. Such transactions shall be scheduled at reasonable times, to be approved by the Superin­tendent, provided in his judgment this shall not interfere with or interrupt school operations.

    D. The Association shall have the right to use school facilities and equipment including computers, printers, duplicating equipment, calculating machines, and all types of audio-visual equipment, with the approval of the Superintendent, when such equipment is not otherwise in use. The Association shall pay for the reasonable cost of all materials and supplies incident to such use as determined by the Board.

    E. The rights and privileges of the Association and its repre­sentatives, as set forth in this Article, shall be granted only to the Association as the exclusive representatives of the unit members, as defined in Article I, and to no other teacher association or union.

    F. The Association shall have, in each school building, the exclusive use of a bulletin board in each faculty lounge and teachers' dining room. The Association shall also be assigned adequate space on the bulletin board in the general school office for Association notices. Copies of all mate­rials to be posted on such bulletin boards shall be given to the building principal, if feasible, but no approval shall be required for materials to be posted in faculty lounges. His/her approval is required for materials to be posted in the general school office.

    G. The Association shall have the option of reasonable use of the intra school mailboxes.

    H. The Board may grant leave without pay to the president of the Association and/or the chairperson of the negotiating team as requested for transaction of Association business during their terms in office.




    I. The Association shall have the right to purchase expendable office supplies and other materials from the Board at the price paid by the Board.

    J. The Association shall have the right to have a representa­tive present at any orientation program for new personnel covered by this Agreement. The Association representative shall be offered the opportunity to welcome the new personnel.

    ARTICLE VI
    BOARD RIGHTS AND RESPONSIBILITIES


    A. Management Rights
        The Association recognizes that the Board has the responsibi­lity and authority to manage and direct in behalf of the public all the operations and activities of the school district to the full extent authorized by Law. The exercise of these powers, rights, authority, duties, and responsibili­ties by the Board and the adoption of such rules, regulations and policies as it may deem necessary shall be limited only by the specific and expressed terms of this Agreement.

    B. Management Prerogative
        The Association agrees and recognizes that the Board reserves to itself sole jurisdiction and right, in compliance with the laws of the State of New Jersey and the rulings of the State Commissioner of Education, to hire, assign, promote, transfer and direct employees covered by this Agreement or to take disciplinary action against said employees (up to and in­cluding discharge) for just cause, to direct school opera­tions, and to take whatever other actions may be necessary to accomplish the mission of the school district except as may be specifically provided by the language of this Agreement.

        ARTICLE VII

    BOARD STAFF RELATIONS COMMITTEE


    A. The Board Staff Relations Committee, hereinafter referred to as the BSR Committee, shall consist of three (3) representa­tives appointed by the Board and five (5) representatives appointed by the Association. The Committee shall meet at least once every 60 days during the school year to explore and prepare action programs for recommendation to Board and/ or Administration for achieving satisfactory personnel policies and procedures which benefit children and unit members, e.g., teaching techniques, curriculum improvement, extracurricular programs, in-service testing, pupil testing and evaluation, philosophy and educational goals of the district, the academic calendar, teacher recruitment, research and experimentation, educational specifications for buildings, to discuss school problems and practices, and to plan an active role in the revision or development of dis­trict policy, and other related matters regarding the effec­tive operation of the Bordentown Regional School District.

    B. The BSR Committee shall establish its own rules of procedure and shall be chaired by the Superintendent who shall be responsible for the arrangement and conduct of meetings.

    C. Nothing in this Article shall be interpreted to prevent the BSR Committee from consulting or adding to its number such additional teachers, professional advisors, parents, stu­dents, or other persons as the original members herein desig­nated shall determine are desirable and appropriate for said purposes. Such additions shall be mutually agreed upon by both groups.

    D. Nothing in A., B., or C. above shall be interpreted to negate present and/or future Board policy or Board prerogatives.

    E. During the course of this contract, the following will be among issues discussed:

    1. Differentiated evaluation
    2. Purchase of custodial apparel
    3. Coach/advisor release time
    4. Formation of district wide safety committee
    5. Extra curricular guide



    ARTICLE VIII

    WORK HOURS AND WORK LOAD - CERTIFIED STAFF

    A. The in-school work year of 2003-2004, certified staff employed on a ten-month basis shall be: 184 days, four of which may be utilized for in-service activities. The in-school work year of 2004-2005, certified staff employed on a ten-month basis shall be: 186 days, six of which may be utilized for in-service activities. The in-school work year of 2005-2006, certified staff employed on a ten-month basis shall be: 188 days, eight of which may be utilized for in-service activities.
    A. For the 2003-04 school year, the in-school work year of certified staff employed on a ten month basis shall be 184 days, 180 workdays of which shall be student school days.
    For the 2004-05 school year, the in-school work year of certified staff employed on a ten- month basis shall be 186 days, 180 workdays of which shall be student school days.
    For the 2005-06 school year, the in-school work year of certified staff employed on
    A ten-month basis shall be 188 days, 180 workdays of which shall be student school days.
    B. 1. As professionals, teachers are expected to devote to their assignments the time necessary to meet their responsibilities but they shall not be required to "clock in or clock out" by hours and minutes, but merely to indi­cate their presence by checking off their names on a sheet maintained in the building administrator's offices.

    2. On Fridays and on days preceding holidays or vacations, the teacher unit members' day shall end at the close of the pupils' day. On the above days, staff meetings will be held only in emergencies. Teacher unit members under-stand that they are to remain on Fridays if Parent Con-ferences or In-Service Programs are scheduled.

    C. 1. The parties agree that for the duration of this Agreement unit members shall be entitled to the same amount of duty-free time for class preparation work as they enjoyed during the 1981-82 school year, as defined by the agree­ments and practices in effect during that year. The amount of duty-free preparation time is to be defined on a building basis, and employees transferred to a different building shall be entitled to the preparation time in existence in that building. This preparation time is in addition to a duty-free lunch period of one-half (1/2) hour.
            Teachers in the Clara Barton and Peter Muschal Schools shall receive a thirty-minute duty-free lunch and an adjacent fifteen-minute duty-free planning period. At the High School, the duty-free prep time is equivalent to one teaching period.
            The Board-Staff Committee will review release time for activity advisors and coaches in order to establish procedures for those who might need time to meet for college purposes.
        Under the eight-period day, high school teachers shall be assigned a six-period teaching load. Under the intensive scheduling organization, high school teachers shall be assigned a three-period teaching load. The right to consent, however, is given to those teachers who volun­tarily wish to exercise the option of accepting a greater teaching load. Teachers shall be compensated for this additional load. In addition, high school staff will be assigned to one non-teaching supervisory period per day. Other unit members may be assigned to non-teaching super­visory duties, except that such assignments must be in accord with the unassigned time and duty-free lunch period provided in C.1. above. Under the intensive scheduling organization, the duty assignment shall be during the open period adjacent to the lunch period.
        3. Under the intensive scheduling organization, middle school teachers shall be assigned the equivalent of a three-period teaching load. The right to consent, however, is given to those teachers who voluntarily wish to exercise the option of accepting a greater teaching load. Teachers shall be compensated for this additional load. In addition, middle school staff will be assigned to one non-teaching supervisory period per day. Other unit members may be assigned to non-teaching supervisory duties except that such assignments must be in accord with the unassigned time and duty-free lunch period provided in C.1 above. Under the intensive scheduling organization, the duty assignment shall be during the open period adjacent to the lunch period.
    Reba states for me to delete sub paragraph 3 (above) – (extra duty free prep time
    For coaches)

    The parties agree that advisors and coaches will be provided relief of some duty
    time where needed to help students relative to college pursuits, such as meetings
    with college coaches and higher education personnel.

    The parties agreed to refer this matter to Board Staff in order to develop a
    Procedure for coaches and advisors to request this time.

        4. Staff meetings called by the administration should take place after the normal workday and will be of no more than one hour's duration unless announced at least seventy-two (72) hours in advance. More than one such meeting per month may be required. If the meeting is to be longer than one hour, the approximate amount of addi­tional time will be specified by the administrator.

    D. 1. The normal in-school workday shall consist of not more than seven (7) hours, which shall include a duty-free lunch period as guaranteed under C.1. above. This time does not include necessary time before and after the workday in accordance with paragraph D.2. below.

    2. It is recognized that teachers as professional employees spend many hours in addition to the direct contact with students. They accept the responsibility, as well as does the Board, for providing the highest quality educa­tional program practicable for every boy and girl in the school district. This responsibility includes:
        a. Careful daily preparation;
        b. Attendance at staff meetings;
            c. Working individually with students for corrective and/or make-up work after school hours as needed by the students and determined by the teacher;
            d. Conferring with parents at mutually convenient times or when scheduled in the program for all teachers;
            e. Involvement in committee and coordinating activities as developed by the staff and administration;
            f. Participation in PTA, open house, and student performances;
        g. Field trips which are part of the curriculum; and
    h. Meetings/conferences at other times when mutually agreed upon.
          The regular workweek for unit members shall not exceed five (5) days.
          All certified staff will be required to give sixty (60) calendar days’ notice of leaving their employment. This requirement may be waived by the board in emergent situations. The board will give sixty (60) calendar days’ notice of mid-contract termination except for disciplinary termination.
      ARTICLE IX.A

      WORK YEAR AND WORK HOURS
      NON-CERTIFIED STAFF--SECRETARIES AND AIDES

      A. 1. The work year for all secretaries shall consist of twelve months, in accordance with the Administrative Calendar as determined by the Board. The work year for the High School General Office Secretary shall be 184 days, scheduled by the administration within the academic calendar. The work year for the MacFar­land Jr. School General Office Secretary, the Peter Muschal School Library Secretary, and the Clara Barton School General Office Secretary shall be September l through June 30 in accordance with the Administrative Calendar.
      1. The work year for all secretaries shall consist of twelve months, in accordance
      with the calendar as determined by the Board. The work year for the high school
      general secretary, MacFarland Jr. School general office secretary, and the Clara
      Barton School general office secretary shall be September 1 through June 30 in
      Accordance with the above calendar.
      2. The district may provide training during staff in-service days.
      2. On teacher in-service days or conference days, the district may provide job related
      training to secretaries.

      N.B. (This results in two additional days off for secretaries for winter and spring break. A list of secretaries/category and title will be attached.)
      B. The work year for all aides shall consist of 182 days.

      C. 1. The work hours of secretaries shall be seven and one-half (7-1/2) hours per day, including a one-half (1/2) hour duty-free lunch. Overtime pay shall be provided at one and one-half (1-1/2) times the employee's hourly rate of pay (daily pay divided by seven (7) for each hour over 40 per week. Secretaries who work on Memorial Day, Labor Day or July 4th shall receive two (2) hours pay for each hour worked.
          2. Secretaries may leave at the same time as the students on the day before Thanksgiving, the day before winter recess and the day before the spring recess.
          3. During July and August, secretaries will work thirty-three-and-three-quarters (33.75) hours per week, including a one-half (1/2) hour duty-free lunch, to be scheduled by the administra­tion.

          4. Secretaries shall be entitled to one fifteen (15) minute break per day, to be taken in the morning. Said break is to be scheduled with the appropriate administrator.

          Secretaries shall not be required to clock in or out by hours and minutes, but merely to indicate their presence by checking off their names on a sheet maintained in the building administrator's office.

      D. 1. a. The work hours for those aides assigned to block schedules shall be six and
      one-half (6-1/2) hours per day, including a one-half (1/2) hour duty-free lunch.
      1. a. The work hours of aides shall be six and one-half (6 ˝) hours per day, including
      a one-half (1/2) hour duty-free lungh. Classroom Aides assigned to Block
      schedules or other aides assigned to work a seven (7) hour workday, shall
      receive salary prorated to reflect the additional ˝ hour worked.
      b. The duties of general aides shall be primarily cafeteria and playground duties and
      secondarily other duties as assigned by the building administrator.
          2. Aides may leave at the same time as teachers on Fridays and all days before holidays or vacations.
          3. Aides shall be entitled to one fifteen (15) minute break per day, to be scheduled by the teacher-in-charge and the aide.

          4. On in-service half-days, aides are free to leave the building once all students are gone and administration has been notified. Aides must remain for duty on days parent conferences are scheduled and during those half days scheduled at the end of the work year. To meet the needs of the district, or upon agree­ment between the principal and the aide, days referred to in this provision may be switched or ex­changed on a day-for-day basis. On teacher in-service days or conference days, the district may provide job-related training to aides pursuant to above.
          5. Aides shall not be required to clock in or out by hours and minutes, but merely to indicate their presence by checking off their names on a sheet maintained in the building administrator's office.

      E. All non-certified staff will be required to provide thirty (30) days’ notice of leaving their employment. This requirement may be waived by the Board in emergent situations. The Board will give thirty (30) calendar days’ notice for a mid-year termination, except for a disciplinary termination.

      F. l. Twelve-month secretaries shall be entitled to the follow­ing paid vacation days, to be
      scheduled and approved by the supervisor and the Superintendent.
          a. l-5 years of service.............. 11 working days
      b. 6-8 years of service............ 13 working days
      c. 9-l5 years of service........... 16 working days
      d. l6-l9 years of service.......... 18 working days
      e. 20 years and over............... 21 working days

      NOTE: Years of service include those consecutive years completed in the Districts of Bordentown Township, Bordentown City and Bordentown Regional High School prior to July l, l982.

      2. Vacation days are awarded as of July l of the year following initial contract. Vacation
      time earned in the first year will be prorated based on percentage of time worked. (e.g.,
      someone hired in September would receive 75% of vacation days the first year.)
      Employees may accrue up to one year's worth of vacation as of June 30 of any year. The
      vacation allowance provided on July 1 of any year is any addition to the maximum
      accumulated as of June 30 of any year. No one will lose vacation they have as of August
      24, 2000. Under certain circumstances, when vacation cannot be used (e.g., extended
      illness), there can be an extension of the timeframe for using accumulated vacation with
      the approval of the Superintendent.

      G. In cases of delayed opening, secretaries are to report for duty as soon as possible; they may leave with the students in the event of early closing due to inclement weather after the building has been cleared following the arrival of district transportation. This provision does not apply to closings due to extreme heat. Secretaries will not be responsible to work when school is closed for inclement weather.


      ARTICLE IX.B

      WORK YEAR AND WORK HOURS
      NON-CERTIFIED STAFF--CUSTODIANS AND MAINTENANCE PERSONNEL


      A. WORK SCHEDULE (daily)

      1. Day Custodians 8 hours plus 1/2-hour lunch
      2. Night Custodians 8 hours plus 1/2-hour dinner ($.31 per hour shift differential)
      3. Maintenance Custodians 8 hours plus 1/2-hour lunch

      SUMMER SCHEDULE (July l - August 3l)
        Length of day shall be eight (8) hours, including lunch, time to be set by the Superintendent or his designee.

      HOLIDAY SCHEDULE
        When custodians work during a regular scheduled school holi­day, the day hours will be the same as summer hours.

      B. SALARY AND OVERTIME

      l. Contracted salary is for forty (40) hours per week - on guide negotiated
      with the Board of Education. Custodians will be paid on the same schedule
      as other employees--every other Friday.

      2. All overtime will be paid by the Board of Education at the rate of time and
              one-half, prorated on the salary of the individuals involved. Overtime shall
              be paid for all school or non-school functions when it is necessary for the
              employee to exceed forty (40) hours per week or over eight (8) hours per day.

      Double time will be paid for snow removal on Sunday and for work during a
      "state of emergency." On days that school is closed due to inclement weather
      (snow), custodial staff will be notified of the status of their workday and the
      district expectations (i.e., delayed opening and unit member arrival time).
      Unit members shall be able to leave following approval of the Supervisor of
      Buildings and Grounds, with pay, upon com­pletion of snow removal.
              Double time will be paid for overtime for non-school-related groups if the
              group is billed for services by the Board of Education.

      3. When a person is assigned to another job category, s/he will receive the higher pay rate (scale) from the first day through the duration of the assignment.


      4. When overtime is required and there are no volunteers, the Supervisor of
      Buildings and Grounds shall assign the overtime on a rotating basis starting
      with the lowest qualified person according to the seniority list by building.

      5. Overtime payments will be included in regular checks.

      6. An employee called back to work at a time not contiguous to the regular
      workday schedule shall receive a minimum of three (3) hours' compensation.
      This article does not apply to scheduled building checks or when an
      Employee is called back due to shift error.

      C. All non-certified staff will be required to provide thirty (30) days’ notice of leaving their
      Employment. This requirement may be waived by the Board in emergent situations. The
      Board will give thirty (30) calendar days’ notice for a mid-year termination, except for
      a disciplinary termination.

      D. LUNCH PERIOD
          Each custodian will be permitted to have a thirty (30) minute lunch period. During the summer recess, the lunch period will be forty-five (45) minutes. The period is to be designated by the Supervisor of Buildings and Grounds.

      E. HOLIDAYS
      Each custodian will be permitted the following holidays:
          New Year's Day Memorial Day
          Martin Luther King Day Independence Day
          Presidents Day Labor Day
          Good Friday Thanksgiving (2 days)
          Easter Monday Christmas (2 days)
      New Years Eve Day
          The school calendar will take preference in the event school is conducted during any of the holidays mentioned above. If school is open during a holiday, an alternative holiday will be given during the school year at the discretion of the Supervisor of Buildings and Grounds.

      F. VACATION PERIODS
        l. Vacations are provided for as follows, and must be scheduled and approved by the Supervisor of Buildings and Grounds and the Business Administrator.

      a. l-5 years' service……………………………..11 working days
      b. 6-8 years' service ……………………………l3 working days
      c. 9-l5 years' service……………………………l6 working days
      d. l6-l9 years' service……………………………l8 working days
      e. 20 years and over…………………………….2l working days

      NOTE: Years of service include those consecutive years completed in the Districts of Bordentown City, Bordentown Township and Bordentown Regional prior to July l, l982.


          2. All custodians and maintenance staff members must have vacation time approved by the supervisor. No vacations will be allowed, except by special permission of the Superintendent, during the last two (2) weeks of August or the first week of September.

          3. Vacation days are awarded as of July l of the year following initial contract. Vacation time earned in the first year will be prorated based on percentage of time worked. (E.g., someone hired in September would receive 75% of vacation days the first year.)
          4. Vacation days are awarded as of July l of the year following initial contract. Vacation time earned in the first year will be prorated based on percentage of time worked. (e.g., someone hired in September would receive 75% of vacation days the first year.) Employees may accrue up to one year's worth of vacation as of June 30 of any year. The vacation allowance provided on July 1 of any year is any addition to the maximum accumulated as of June 30 of any year. No one will lose vacation they have as of August 24, 2000. Under certain circumstances, when vacation cannot be used (e.g., extended illness), there can be an extension of the timeframe for using accumulated vacation with the approval of the Superintendent.
      5. Upon approval no more than two (2) custodians per building per shift or two (2) maintenance personnel per district will be allowed to take vacation of over two (2) days at the same time.

        ARTICLE IX.C
      OTHER CONDITIONS OF EMPLOYMENT
      CUSTODIANS AND MAINTENANCE PERSONNEL

      A. The Board of Education will provide $200 for clothing to be purchased through the District. Arrangements shall be made through the Supervisor of Buildings and Grounds for all clothing purchases. The employee is required to wear the District uniform during the school year. The employee will be issued $120 annually for work shoes. The employee is responsible to wear protective shoes daily all year. The shoes must meet safety standards established by the District.

      Exceptions to the clothing allowance provision may arise, in which case the issue would
      be referred to the district’s B.A. Board Staff to discuss alternate procedures.

      The parties shall establish a joint safety committee to review and recommend
      safety standards in the workplace.

      B. Each custodian is required to have an annual physical exami­nation and T.B. test. Examination may be taken at Board expense through the school physician, or at the employee's expense through his/her own physician.

      C. Time clocks and cards will be provided to record hours worked.

      D. Whenever custodians are employed to work at school or other activities, one custodian assigned must have a Black Seal Boiler license, when required by law.

      E. The Board of Education will pay tuition and travel expenses for any custodian who desires to be licensed as a boilerman, through the Burlington County Vocational School. The employee must pay the license fee if s/he successfully com­pletes the course. License is to be hung in the boiler room and renewed as needed.
          Every custodian must obtain a boiler license by the end of the first full year of employment. Currently contracted employees are grandfathered.

      F. Each custodian shall have the right to review his/her per­sonnel file and shall have the right to submit a written response to any derogatory material contained in the file. No material shall be placed in the file unless the employee has received a copy. No confidential files will be kept from the employee.

      G. Part-time employees shall be entitled to personal leave-time benefits prorated in accordance with their work schedules, but they must work a minimum of twenty-six (26) hours/week to get insurance benefits.

      H. Maintenance Equipment: The Board of Education, through the Supervisor of Buildings and Grounds, shall issue to each maintenance person the tools required for assigned work. These tools will be receipted by the maintenance person who shall be responsible for their care and pro­tection. The District shall replace any such tools that are broken, upon receipt of the broken tool; and the maintenance person shall be responsible for any lost or stolen equipment. Tools must be made available for inspection upon request by the Super­visor of Buildings and Grounds.

      I. Supervision and Work Assignments:
      l. All custodians will be assigned and supervised in their jobs by the
      Supervisor of Buildings and Grounds, the Building Head Custodian and the
      Night Foreman, in that order. Duties to be performed by each custodian will
      be in accordance with Board of Education policies previously established.

      2. Night custodians may be required to work days during school vacations.
              This will be determined by the Super­visor of Buildings and Grounds.

      3. Job descriptions will be available to employees and to the association.

      4. A listing of positions in the bargaining unit that become available in the
      District during the school year shall be posted in the main office of each
      school, and a copy shall be given to the Association. Such listing shall
      include the position title, location, and timeline for filling the position and
      salary range. No position shall be filled prior to the timeline for submission.

      5. Unit members who desire to transfer to another building or assignment
      shall file with the Supervisor of Buildings and Grounds a written statement
      of such desire. Such statement shall include the building and shift.

      J. All non-certified staff will be required to give thirty (30) calendar days’ notice of leaving their
      employment. This requirement may be waived by the Board in emergent situations. The
      Board will give thirty (30) calendar days’ notice of a mid-contract termination, except for
      a disciplinary terminatin.


      ARTICLE X


      SALARIES


      A.
      1) Each unit member shall be placed on his/her proper step of the salary schedule in each year of this Agreement in accordance with this Article.
      2) Unit members with l0-month contracts shall receive one year's credit on the schedule for each year of service credited to them as of July l, l982, and for each year thereafter in which they work more than l20 days.
      3) A unit member with a l0-month contract who works 90-l20 days shall receive l/2 step credit. A l0-month-contracted unit member who works less than 90 days shall obtain no advance­ment on the salary schedule.
      4) Unit members with l2-month contracts shall receive one year's credit on the schedule for each year of service credited to them as of July l, l982, and for each year thereafter in which they work more than l50 days. An employee who works between ll5 days and l50 days shall receive l/2-step credit. An employee who works less than ll5 days shall obtain no advancement on the salary schedule.
      5) Unit members shall have the option of direct electronic deposit of paychecks. Unit members can enroll in such plan once per year. Enrollment forms must be submitted to the Board. The parties agree that they are bound to bank rules with respect to direct deposit of paychecks.
        B.
        1) The salaries of all certified unit members covered by this Agreement are set forth in
        Schedule "A" which is attached hereto and made part hereof.
        2) a. Credit shall be given to certified staff on the salary schedule upon initial employment, in recogni­tion of military experience or alternative civilian service required by the Selective Service System, but not to exceed four years credit, or
        b. In recognition of time spent in the Peace Corps, VISTA, and National Teacher Corps or on a Fulbright Scholarship, but not to exceed two years credit.
        3) Credit up to the highest step of any salary level on the salary schedule may be given to
        certified staff for previous outside work experience in a duly accredited school upon
        initial employment in accordance with the provisions of the schedule.

        C. The salaries of all secretaries covered by this Agreement are set forth in Schedule C and Schedule D, and the salaries of all aides covered by this Agree­ment are set forth in Schedule E, all of which are attached hereto and made a part hereof.

        D. The salaries of all custodians and maintenance personnel covered by this Agreement are set forth in Schedule F which is attached hereto and made a part hereof.

        E.
        l) Unit members shall be paid on alternate Fridays.
        2) When a payday falls on or during a school holiday, vacation or weekend, unit members
        shall receive their paychecks on the last previous working day.

        F. Unit members on a l0-month contract shall receive their final paychecks on their last contracted working day in June.



        G. Leave shall be granted for jury duty with compensation amounting to the difference between the income for jury duty and the regular salary. Unit members subpoenaed to appear in court shall not receive pay deduction, but shall have the time charged against their personal leave, except that if the court appearance involves testimony by the employee regarding actions taken in his or her official capacity as an employee of the District with regard to a pupil or parent, the time shall not be charged against the employee's personal leave.

        H. The Board shall pay the full cost of expenses incurred in connection with any courses which an aide, secretary is required and/or requested by the Administration to take.

        I. Following their initial contract, part-time teachers will receive a full incremental step raise for a full year of employment, and their new contract shall be prorated equivalent to the percentage of time worked.
            Part-time employees' salaries shall be prorated according to hours worked per week.

        J.
        1) Teachers will receive payments for graduate courses that have been completed with grade
        B or better. (See Schedule A -- Graduate Credit Scale.)

        2) Adjustments to the salaries of professional staff members for graduate credit advancement
        including the Masters step shall be made during the months of October and/or March and
        prorated to the prior month. Staff members will be required to present transcript evidence
        of suc­cessful completion of graduate work to the Superintendent during the months of
        September and/or February.

        3) Conference for the approval of graduate study can be requested with the Superintendent at
          any time. In general, the following graduate credits shall be approved:
                a. Credits received while matriculated in a graduate program;
            b. Credits received in the field of education;
                c. Credits received which are in the same educational area as the instructor is teaching, e.g., history courses for history teachers;
                d. Special dispensation may be given to those teachers taking undergraduate credits for specialized areas, e.g., modern math courses for teachers of mathe­matics.
        4) At the time of application, new employees shall inform the Superintendent, in writing, of
        all graduate credits obtained prior to employment and the Superintendent shall make a
        recommendation to the Board which shall determine which credits may be utilized
        pursuant to H.3 above.
          5) Credits for course work taken prior to July l, l982, while employed by the Bordentown Regional High School Board of Education for which tuition reimbursement was granted by the Board will not be counted toward the accrual of credit toward all the increments set out in Schedule A--Graduate Credit Scale, but shall only count toward the Bachelor's + 30, Master's or Master's + 30 increments.

          6) Employees shall be credited in the Bordentown Regional School District for all graduate courses for which they were credited in the Bordentown Township, Bordentown City or Bordentown Regional High School Districts prior to July l, l982, whether or not they meet the criteria discussed in H.3 above.
            K. Longevity payment shall be granted to secretaries and aides after l5 years of service in the District, and additional longevity payment shall be granted to secretaries and aides after 20 years of ser­vice to this District, in addition to their regular base salary. This shall include years of service in Bordentown Regional High School District, Bordentown City School District and Bordentown Township School District.

            L. Certified unit members employed by the Board for Summer School, Curriculum Research, or other capacities will be paid at the rate of $34.50/hour or $691/week for a 20-hour week .
            All hourly/event rates listed in Article X “L” through “P” would be frozen during
            The term of the contract.
            M. Teachers assigned to Homebound Instruction and to College Board Tutoring will be paid at $34.50.
            All hourly/event rates listed in Article X “L” through “P” would be frozen during
            The term of the contract.
            N. Teachers accepting assignments to do computer work or deten­tion monitoring will be paid $27.60.
            All hourly/event rates listed in Article X “L” through “P” would be frozen during
            The term of the contract.
            O. Unit members assigned to any chaperone assignments will be paid $45.90 per event.
            All hourly/event rates listed in Article X “L” through “P” would be frozen during
            The term of the contract.
            P. Whenever a teacher is required to cover a class due to the unavailability of a substitute, such teacher shall be paid if the covering teacher loses his/her preparation time. The hourly rates of pay shall be $34.50. Volunteers for class coverage will be solicited at the beginning of the school year, and the order of assignment to cover a class shall be as follows:
                1st Volunteers who are certified to teach the subject matter of the class to be covered

                2nd Non-volunteers who are certified to teach the subject matter of the class to be covered

                3rd Volunteers who are not certified to teach the subject matter of the class to be covered

                4th Non-volunteers who are not certified to teach the subject matter of the class to be covered
            All hourly/event rates listed in Article X “L” through “P” would be frozen during
            The term of the contract.
            Q. Unit members required to travel between buildings in their personal cars shall be reimbursed per the rate established in Board policy.

            R. The Athletic Trainer shall be paid as follows: l.l5 times the appropriate step on the B.A. column plus the appropriate graduate-credit adjustment.


            ARTICLE XI
            EMPLOYEE ASSIGNMENT

            A. All unit members shall be given written notice of their salary schedules, class and/or subject assignments, building assignments and room assignments for the forthcoming year not later than August l.
                The Superintendent shall assign all newly appointed personnel to their specific positions within that subject area and/or grade level or work position for which the Board has ap­pointed the unit members. The Superintendent shall give notice of assignments to new employees as soon as practic­able, and except in cases of emergency, not later than August l5.
                In the event that changes in such schedules, class and/or subject assignments, building assignments, or room assign­ments are proposed after August l5, the Association and any employee affected shall be notified promptly in writing.
                A listing of all positions that become available in the District during the school year shall be posted in the teacher lounges, and a copy shall be given to the Associa­tion. This includes teaching, administrative and extra­curricular activities.

            B. Except in emergencies, all unit members shall be given written notice of their salary, and the position and building to which they are to be assigned for the forthcoming year, not later than August l. In the event that changes in such schedule or building assignments are necessary after August l, the Association and any employee affected shall be notified promptly in writing.
                A listing of positions in the bargaining unit that become available in the District during the school year shall be posted in the staff lounge, and a copy shall be given to the Association.

            Aides shall be notified of intent to rehire before May 30.

            C. Child Study Team and Guidance personnel shall be notified of summer employment no later than June l.

            D. Reduction in Force
                l. On or before March 30 of each year, the Board will inform the Association of any anticipated reduction in unit member positions to be effective the following September. If a decision to reduce the work force becomes necessary at any other time during the year, the Board will inform the Association at least thirty (30) days prior to the effective date of such reduction.
                2. The Association may submit concerns or alternative suggestions regarding the above to the Board through the Administration or via the Board/Staff Relations Committee.
                3. Individuals recommended for dismissal or non-renewal due to a reduction in force shall be notified by the Superintendent at least ten (10) workdays in advance of the official Board action on same, or in case notice is not provided, the employee shall receive the equivalent number of days pay (i.e., 7 days notice is given, 3 days pay shall be paid.)

            ARTICLE XII

            EVALUATION PROCEDURE - CERTIFIED STAFF


            The parties agreed to refer to Board-Staff voluntary “Differential Evaluation” of personnel.

            A. There will be a minimum of three (3) observations for each non-tenured staff member and a minimum of one (l) observation for each tenured staff member.

            B. A written report of the observation shall be distributed to the staff member involved by the appropriate administrator within five (5) working days of the formal observance.

            C. Conference between the individual teaching staff member and the appropriate administrator shall be held within ten (l0) working days of the receipt of the observation report; however, the conference date may be set by the administrator at the time of issuance of the observation report.
                A minimum of twenty-four (24) hours shall be between receipt of the observation report and the observation conference.

            D. There will be a minimum of five (5) calendar days between the observation conference and the next formal observation.

            E. l. Whenever the work performance of a teacher is monitored or observed, it shall be conducted openly. The use of eavesdropping, public address, audio, and similar surveillance devices shall be strictly prohibited.
                2. A teacher shall be given a copy of any class visit or evaluation report prepared by his/her evaluators at least one day before any conference to discuss it. Discussion of any observation or visit shall be held privately. Evaluation reports shall be placed into the teacher's file or otherwise acted upon after the conference.

            F. Any complaints made to any member of the Board or administration, if relied upon by the Board or administration for specific action regarding a teacher, shall be called to the attention of the teacher in writing.

            G. Any question or criticism by an administrator, Board mem­ber(s) or the Board in toto, of a teacher and his/her instructional methodology shall be made in confidence and not in the presence of students, parents, or at any other public gathering. Likewise, any criticism of a supervisor, adminis­trator, Board member(s) or the Board in toto shall be made in confidence and not in the presence of students, parents, or at any other public gathering. The exception is that a teacher, administrator or Board member shall be free to speak openly at any conference concerning his/her child.

            H. Whenever a teacher is required to appear before the Superintendent, Board or any committee thereof, concerning a discontinuation of that teacher in his/her office, position or employment, or the salary or any increments pertaining thereto, then s/he shall be given prior written notice of the intent of such meeting or interview and shall be entitled to have a representative of the Association present to advise him/her and represent him/her during such meeting or interview. Any suspension of a teacher pending charges shall be with pay.


            I. No material derogatory to a unit member's conduct, service, character or personality shall be placed in his/her personnel file unless the unit member has had an opportunity to review the material. The unit member shall acknowledge that s/he has had the opportunity to review such material by affixing her/his signature to the copy to be filed with the express understanding that such signature in no way indicates agreement with the contents thereof. The unit member shall also have the right to submit a written answer to such material and his/her answer shall be reviewed by the Superintendent or his/her designee and attached to the file copy. The determination for retention of documents (other than the written answers referred to in the preceding sentence) in personnel files resides with the Superintendent. A written answer shall be removed only when the material to which it is attached is removed.

            J. Final evaluation of a unit member upon termination of his/her employment shall be concluded prior to severance and no documents and/or other material derogatory to the unit member's conduct, service, character or personality shall be placed in the personnel file of such employee after severance unless the employee has been notified of the intent to do so and has been given an opportunity to review the material. The unit member shall acknowledge that s/he has had the opportunity to review such material by affixing his/her sig­nature to the copy to be filed or, if it is impossible for the teacher to review the actual copy to be filed, to a form supplied by the administration attesting to the fact that s/he has had an opportunity to review a copy of the materials to be filed, with the express understanding that such signa­ture in no way indicates agreement with the contents thereof. The unit member shall also have the right to submit a written answer to such material and his/her answer shall be reviewed by the Superintendent or his/her designee and attached to the file copy. The determination for retention of documents (other than the written answers referred to in the preceding sentence) in personnel files resides with the Superintendent. A written answer shall be removed only when the material to which it is attached is removed.

            K. A teacher shall have the right, upon request, to review the contents of his/her personnel file. After review, a teacher has the right to request removal and/or respond in writing to material contained therein, and such response shall be in­cluded in the file. Copies of a teacher's personnel folder material will be supplied within twenty-four (24) hours to the teacher concerned at the teacher's own expense if requested in writing. The determination for retention of documents (other than the written answers referred to above) in personnel files resides with the Superintendent. A written answer shall be removed only when the material to which it is attached is removed.

            ARTICLE XIII

            EVALUATION PROCEDURE - NON-CERTIFIED STAFF

            A. There will be a minimum of one (l) written evaluation per year of each secretary, aide, and custodian. A copy of the written evaluation shall be given to the employee within five (5) days of the evaluation conference. Employees have the right to attach a rebuttal to the written evaluation. Aides' evaluations will be co-authored by the Principal and the teacher.

            B. Any question or criticism by a teacher, administrator, Board member(s) or the Board in toto, of an employee will be made privately. Likewise, any criticism of a teacher, supervisor, administrator, Board member(s) or the Board in toto shall be made privately. The exception is that an employee shall be free to speak openly at any conference concerning his/her child.

            C. Whenever an employee is required to appear before the Superintendent, Board or any committee thereof, concerning a discontinuation of that employee in his/her office, position or employment, or the salary or any increments pertaining thereto, then s/he shall be given prior written notice of the intent of such meeting or interview and shall be entitled to have a representative of the Association present to advise him/her and represent him/her during such meeting or interview.

            D. No material derogatory to a unit member's conduct, service, character or personality shall be placed in his/her personnel file unless the unit member has had an opportunity to review the material. The unit member shall acknowledge that s/he has had the opportunity to review such material by affixing his/her signature to the copy to be filed with the express understanding that such signature in no way indicates agreement with the contents thereof. The unit member shall also have the right to submit a written answer to such material and his/her answer shall be reviewed by the Superintendent or his designee and attached to the file copy. The determination for retention of documents (other than the written answers referred to in the preceding sentence) in personnel files resides with the Superintendent. A written answer shall be removed only when the material to which it is attached is removed.

            E. Final evaluation of a unit member upon termination of his/her employment shall be concluded prior to severance and no documents and/or other material derogatory to the unit mem­ber's conduct, service, character or personality shall be placed in the personnel file of such employee after severance unless the employee has been notified of the intent to do so and has been given an opportunity to review the material. The unit member shall acknowledge that s/he has had the opportunity to review such material by affixing his/her sig­nature to the copy to be filed or, if it is impossible for the employee to review the actual copy to be filed, to a form supplied by the administration attesting to the fact that the employee has had an opportunity to review a copy of the materials to be filed, with the express understanding that such signature in no way indicates agreement with the contents thereof. The unit member shall also have the right to submit a written answer to such material and his/her answer shall be reviewed by the Superintendent or his designee and attached to the file copy. The determination for retention of documents (other than the written answers referred to in the preceding sentence) in personnel files resides with the Superintendent. A written answer shall be removed only when the material to which it is attached is removed.



            F. An employee shall have the right, upon request, to review the contents of his/her personnel file. After review, an em­ployee has the right to request removal and/or respond in writing to material contained therein, and such response shall be in­cluded in the file. Copies of an employee's personnel folder material will be supplied within twenty-four (24) hours to the employee concerned at the employee's own expense if requested in writing. The determination for retention of documents (other than the written answers re­ferred to above) in personnel files resides with the Superin­tendent. A written answer shall be removed only when the material to which it is attached is removed.

            ARTICLE XIV
            EMPLOYEE FACILITIES

            A. An appropriately furnished and air conditioned room shall be reserved for use as an employees' lounge and work area in each building. The users shall be expected to exercise reasonable care in maintaining the appearance and cleanliness of said lounge. It shall be regularly cleaned by the school's custodial staff.

            B. Well-lighted and clean rest rooms, separate for each sex and separate from the students' rest rooms, shall be provided with keys furnished for each unit member, except in the Clara Barton School, where such facilities are not available.

            C. The Board shall be responsible for providing the following:
                l. Space in each classroom in which teachers may store instructional materials and supplies;

                2. Vending machines in the lounges which become the responsibility of the Association;

                3. A serviceable desk and chair for the use of each unit member; and

                4. Free and adequate off-street paved parking facilities. The Board will request the appropriate municipal authorities to patrol such parking lots with police cars on a regular basis.

            D. In order to permit freedom of access both during and after regular school hours, all teachers, upon request, may be given keys to the faculty lounge, teacher work area, and interior hallway gates of their base school.

            E. In areas reserved for staff, there shall be available, for staff use only, computers, printers, and scanners, to be maintained in good working condition by the Board.

            ARTICLE XV

            SICK LEAVE POLICY


            A. Sick leave is defined to mean the absence of any person from his/her post of duty because of personal disability due to
                illness or injury, or because of exclusion from school by the school district's medical authorities as a result of contagious disease, or by being quarantined for disease in the immediate household.

            B. All certified unit members employed shall be entitled to twelve (l2) cumulative sick leave days as of the first
                official day of said school year whether or not they report for duty on that day. Certified unit members employed for less than a full school year shall be entitled to sick leave in proportion to the time employed. Unused sick leave days shall be accumulated from year to year with no maximum limit.

            C. All non-certified unit members employed on a twelve (l2) month basis shall be entitled to thirteen (l3) days paid
                sick leave per year. Other non-certified unit members working less than twelve months shall receive twelve (l2) days paid sick leave per year. Sick leave for secretaries, custodians and maintenance personnel shall be effective as of July l of each year, and as of September l of each year for aides. Non-certified unit members employed for less than a full school year shall be entitled to sick leave in proportion to the time employed. Unused sick leave days shall be accumu­lated from year to year with no maximum limit.

            D. All unit members who are employed less than full-time shall receive sick leave benefits at the same rate as the percent
                of employment. As an example, a teacher who is contracted to work half-time will be entitled to half of the sick leave days (6) which is l2 half-days.

            E. Pay for Unused Sick Leave
                l. Reimbursement is $35 per day for all bargaining unit members.
                2. Unit members must have a bank of a minimum of twenty-five (25) days accrued to be eligible for reimbursement, and upon reaching eligibility, all days will qualify for payment.
                3. At the option of the unit member, such payment may be divided into three (3) equal payments, with the first payment on the first July 15 after the retirement or leaving the system, the second payment on the next July 15, and the third payment on the third July 15.
                a) If the reimbursement amount exceeds $6,000.00, such payment must be
                divided into three (3) equal payments, with the first payment on the first July
                15th after retirement or leaving the system after ten (10) or more years of
                service in the district, the second payment on the next July 15th and the third
                payment on the third July 15th.
            b) If the reimbursement amount equals or exceeds $6,000.00, such payment will be divided into three (3) equal payments with the first payment on the first july 15th after the retirement or leaving the system after ten (10) or more years of service in the district, the second payment on the next July 15th and the third payment on the third July 15th.
                    Employees whose separation from the district is due to retirement, shall be eligible for the above.
                    Beginning with July 1, 2004, employees who leave the district will be eligible for the above if they leave the district with ten or more years of service in the district.

                4. In the event of the death of a certified staff member, secretary, aide, or custodian, while under contract, the Board shall pay the employee's estate a sum for accumulated unused sick leave days in accordance with the above.
                5. A bonus of $300 will be paid to each custodian and maintenance person who has had no absences except for bereavement leave, vacation, one (1) personal leave day under paragraph A.3. of this Article, and one (1) family illness day under paragraph A.2. of this Article, in each contract year.

            ARTICLE XVI

            TEMPORARY LEAVES OF ABSENCE

            A. Unit members shall be entitled to the following temporary non-cumulative leaves of absence with full pay each school year:
                l. Death in immediate family (up to five (5) days per occurrence). Immediate family shall mean spouse, parent, child, brother, sister, grandparent, mother/father-in-law, brother/sister-in-law, son/daughter-in-law, and other household members;

                2. Illness in nuclear family (up to three (3) days maximum per year). Nuclear family shall mean parent, spouse, child, and household members.

                3. Up to three (3) days personal leave maximum per year, or up to four (4) days for twelve (12) month secretaries:
                  a. Certified staff shall submit a request for approval to the Building Principal at least twenty-four (24) hours in advance; custodians and maintenance personnel shall submit a request for approval to the Supervisor of Buildings and Grounds at least twenty-four (24) hours in advance.
                    b. Will not be granted on days immediately preceding or following scheduled holidays. Also, will not be granted at a time when absence may seriously hinder the overall operation of the school, e.g., opening day, closing day, conference days, etc. An exception may be provided if the reason for the leave was an unforeseeable emergency, or if it is absolutely impossible to schedule the matter on another day. Such requests shall have the reasons for such leave stated and be subject to approval by the administration. Leave to attend the funeral of a person not in the immediate family shall be an acceptable reason under this section;
                    c. Approved "emergency" days may be granted with less than 24 hours notice, with reasons stated and approved, including the reason of death in other than the immediate family.

                    d. Unused personal days shall be converted for credit as sick leave under the provisions of Article XV of this Agreement.
                4. Visitation days, conferences, conventions, etc., may be granted upon written request with approval of the Building Principal.
                5. Up to two (2) additional days may be allowed for certified staff, secretaries, and aides, less sub­stitute pay, after the days allowed under A.3. have been taken. This provision does not apply to custodians and maintenance personnel. Days under this section may not be taken on consecutive work days with personal leave under paragraph A.3. of this Article. An exception may be provided if the reason for the leave is an unforeseeable emergency, or if it is absolutely impossible to schedule the matter on another day. Requests for an exception under this section shall have the reasons for such leave stated and shall be subject to approval by the administration.

            6. Provisions:
                    a. It is expected that the unit member will notify the Building Principal, or Supervisor of Buildings and Grounds, as appropriate, at least twenty-four (24) hours in advance except in emergencies;

                    b. Absence beyond provisions will be with loss of pay;
                    c. A day's pay is considered l/200 of a teacher's annual salary and l/l0 of a two (2)-week salary check for non-certified staff.

            B. Leaves taken pursuant to Section A. above shall be in addition to any sick leave to which the unit member is entitled.

            C. Unit members accompanying students on school trips or otherwise acting in a capacity representing the school at an educational function will not be considered absent.

            ARTICLE XVII

            EXTENDED LEAVES OF ABSENCE

            A. The Board agrees that up to two (2) unit members designated by the Association shall, upon request, be granted a leave of absence without pay for one school calendar year for the purpose of engaging in activities of the Association or its affiliates, provided notice is received by June l preceding the said school year.

            B. A leave of absence without pay for one or two school calendar years shall be granted to any certified unit member who joins the Peace Corps, VISTA, National Teacher Corps, or serves as an exchange teacher or overseas teacher, or is a full-time participant in or accepts a position at college or university programs, or accepts a Fulbright Scholarship, provided notice is received by June l preceding the said school year.

            C. Military leave without pay shall be granted to any certified unit member who is inducted or enlists in any branch of the armed forces of the United States for the period of said induction or initial enlistment, pursuant to the requirements of Title 18A.

            D. Maternity Leave
                The Board shall grant maternity leave without pay to any unit member upon request subject to the following stipulations and limitations:
                l. The Board may remove any pregnant unit member from her duties on any one of the following bases:
                    a. Her physical condition or capacity renders her incapable of performing her assigned duties, which shall be deemed to exist if:
                        (l) the pregnant unit member fails to produce a physician's certificate that she is medically able to continue working; or

                        (2) the Board's physician concludes that the pregnant unit member is unable to continue working.
                    b. Any other just cause that is found to exist in NJSA Title 18A.
                2. The Board shall grant a leave of absence for medical reasons associated with pregnancy and birth to pregnant unit members on the same terms and conditions governing leaves of absence for other illnesses or medical disabi­lities, as set forth in NJSA Title l8A:30-l et seq.


                3. Any tenured or non-tenured unit member seeking such leave shall apply to the Board thirty (30) school days prior to the beginning of leave. At the time of application the unit member shall specify in writing the date on which she wishes to return to work after birth. The Board may require any teacher to produce a certificate from a physician in support of the requested leave date. The physician's certification is subject to agreement by the Board's physician. Where medical opinion is supportive of the leave dates requested, such leave shall be granted by the Board, except that the Board may change the re­quested dates upon finding that the grant of a leave for the dates stipulated and medically confirmed would sub­stantially interfere with the administration of the school. Following the grant of such leave to any unit member, the commencement and termination dates thereof may be further extended or reduced for medical reasons upon application by the unit member to the Board. Such extension or reduction shall be granted by the Board for an additional reasonable period of time except that the Board may alter the requested dates upon finding that such extension or reduction would substantially interfere with the administration of the school and/or disrupt program, and provided that such date change is not medically contraindicated. The Board may require any unit member to produce a physician's certificate in support of the requested change and is subject to agree­ment by the Board's physician.
                4. Upon return from a maternity leave of absence, the unit member shall be reinstated in her same position or a similar position for which she is certified.

                5. The Board is under no compulsion to continue the employment of a non-tenured employee beyond the con­tracted period so long as the non-renewal of employment is not based solely upon a condition or pregnancy or childbirth.

                6. Advancement on the salary guide shall be based upon the date of commencement of the leave of absence.
                    a. The certified unit member will be granted a full step on the salary guide if she works more than l20 teaching/working days and one-half step if she works between 90-l20 days. Working fewer than 90 days shall result in no advancement on the salary guide.

            b. A non-certified unit member with a ten-month contract will be granted a full step on the salary guide if she works more than l20 working days and one-half step if she works between 90-l20 days. Working fewer than 90 days shall result in no advancement on the salary guide.

                    c. A non-certified unit member on a twelve-month contract will be granted a full step on the salary guide if she works more than l50 work days and one-half step if she works between ll5-l50 days. Working fewer than ll5 days shall result in no advancement on the salary guide.
                7. With respect to extension of leave, no such leave for a non-tenured unit member shall be extended beyond the end of the year in which the leave is to commence. For a tenured unit member, no such leave shall be extended beyond a period of 24 calendar months from the date on which said leave is to commence.


            E. Any unit member adopting an infant child may receive similar leave which will commence upon his/her receiving de-facto custody of said infant, or earlier if necessary to fulfill the requirement for adoption.

            F. A leave of absence without pay of up to one (l) year shall be granted for the purpose of caring for a sick member of the unit member's immediate family. Additional leave may be granted at the discretion of the Board.

            G. l. The Board shall grant a leave of absence without pay of one-half school year to a unit member to campaign for public office for him/herself or for another candidate. Such leaves shall be available to an individual no more than once in four years. Such leaves shall commence with the beginning of the school year and shall end in the month of January at a date determined by the Superin­tendent.
                2. The Board shall grant a leave of absence of up to four full calendar years without pay to a unit member to serve in public office. Such leaves shall be renewable only once. Such leaves shall commence and end in the month of January at a date determined by the Superintendent.

            H. All benefits to which a unit member was entitled at the time his/her leave of absence commenced, including unused accumulated sick leave and credits toward sabbatical eligibility, shall be restored to him/her upon his/her return and s/he shall be assigned to the same position which s/he held at the time said leave commenced, if available or, if not, to a substantially equivalent position.

            I. Other leaves of absence without pay may be granted by the Board for good reason and shall be equally available to males and females.
            J. Upon return from leave granted pursuant to Section B or C of this Article, a unit member shall be considered as if s/he were actively employed by the Board during the leave and shall be placed on the salary schedule at the level s/he would have achieved if s/he had not been absent, provided, however, that time spent on said leave shall not count toward the fulfillment of the time requirements for acquiring tenure. A unit member shall not receive increment credit for the time spent on a leave granted pursuant to Section A, D, E, F, G, or I of this Article; nor shall such time count toward the fulfillment of the time requirements for acquiring tenure.

            K. All leaves of absence shall be applied for and granted in writing. All leaves under this article, except disability leaves and military leaves, shall terminate at the end of the school year or at the end of a marking period.

            L. It is the responsibility of the unit member who is on leave to notify, in writing, the Superintendent regarding his/her intent to return to teaching/working duties for the coming school year. This notice must be submitted by March l5 of the school year in which the leave is taken. The lack of said notice shall be considered as a resignation.
                Employees planning to return at a marking period shall confirm their plans by notifying the Administration thirty (30) days prior to the return date.


            ARTICLE XVIII

            SABBATICAL LEAVES

            A. A sabbatical leave may be granted to a teacher by the Board for study, including study in another area of specialization, for travel, or for other reasons of value to the school system, subject to the following conditions:
                l. If there are sufficient qualified applicants, sabbatical leaves shall be granted to a maximum of four (4) teachers per year.

                2. Requests for sabbatical leave must be received by the Superintendent, in writing in such form as may be mutually agreed upon by the Association and the Superin­tendent, no later than December l5, and action be taken on all such requests no later than January 30 of the school year preceding the school year for which the sabbatical leave is requested.

                3. To be eligible, the teacher must have completed at least seven (7) full school years of service in the Bordentown Regional School District. This is understood to include all service in Bordentown City, Bordentown Regional, and Bordentown Township. This does not include time spent on any leaves granted under Article XV of this Agreement.

                4. A teacher on sabbatical leave (either for one half (}) of a school year or for a full school year) shall be paid by the Board at 50% of the salary rate which s/he would have received if s/he had remained on active duty.

                5. Upon return from sabbatical leave, a teacher shall be placed on the salary schedule at the level which s/he would have achieved had s/he remained actively employed in the system during the period of his/her absence.

                6. As a condition to accepting the sabbatical leave, the teacher hereby agrees to work for the District in whatever position assigned for a minimum of two (2) years immediately after the end of the leave. If this condition is not fulfilled, the teacher agrees that the District is entitled to the refund of all monies paid by the Board to the teacher during the leave.
                7. At the end of the sabbatical leave, and no later than nine (9) weeks after returning to the teaching assignment, a written report will be submitted by the individual to the Board of Education through the proper channels. The contents of this report will include name and location of school, program or activity, length of the program, a description of the program or activity, an evaluation of what was accomplished and any other perti­nent information of interest.

                8. All regular deductions will be made on sabbatical leave pay.
            ARTICLE XIX

            PROFESSIONAL DEVELOPMENT AND EDUCATIONAL IMPROVEMENT

            A. 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 such sessions which a certified unit member is required and/or requested by the administration to take.

            B. The Board will provide for an annual tuition reimbursement of $30,000 for the 2003/04 school year; $35,000 for the 2004/05 school year and $40,000 for the 2005/06 school year, for certified staff. Employees shall submit their requests to the Superintendent prior to registration. All requests are subject to the approval of the Superintendent. Approval will be granted for courses,which are:
                a. part of a matriculated graduate program in education or in the subject area of their teaching assignment

                b. graduate courses in subject matter relevant to the teacher's certification and/or teaching assignment

                c. courses leading to certification in educational administration

                Teachers will be reimbursed fifty percent (50%) of the cost of tuition for approved courses, but in no case more per credit than 50% of the per credit tuition charges in the graduate school program at The College of New Jersey.

                Reimbursement will be in the month of June for courses which are completed in the fiscal year ending in that June. Should the reimbursement requests exceed the specified yearly total, each applicant will receive 50% reimbursement for three (3) credits or, if this cost exceeds the annual allowance, a prorated amount. If, after this payment is made, there are funds remaining, the next three credits per teacher will be reimbursed or, if this cost exceeds the annual allowance, a prorated amount will be reimbursed. A grade of "B" or better shall be attained for reimbursement.

            ARTICLE XX

            SUPERVISION OF STUDENT TEACHERS

            A. The teacher shall receive a request to take a student teacher at least four (4) weeks prior to the student's introduction to the classroom.

            B. Each cooperating teacher shall be provided with release time up to one (l) day with pay for attendance at regularly scheduled orientation and evaluation sessions sponsored by a student teacher's college or university.

            C. The cooperating teacher and the student teacher shall assess the latter's readiness to assume teaching responsibilities. The cooperating teacher shall have authority to determine to what degree those responsibilities shall be assumed.

            ARTICLE XXI

            PROTECTION OF UNIT MEMBERS

            A. The Board shall reimburse unit members for any loss, damage or destruction of clothing or personal property on their person while on duty in the school, on the school premises, or on a school-sponsored activity, when such loss, damage or destruction occurs while such unit member is engaged in action necessary to protect him/herself from attack, to protect another person or property, to quell a disturbance threatening physical injury to others, or to obtain possession of weapons or other dangerous objects upon the person or within control of a pupil.

            B. l. Unit members shall immediately report cases of assault suffered by them in connection with their employment to their Principal or other immediate superior.

            2. Such notification shall be immediately forwarded to the Superintendent who shall comply with any reasonable request from the unit member for information in the possession of the Superintendent relating to the incident or the persons involved and who shall act in appropriate ways as liaison between the unit member, the police, and the courts.

            ARTICLE XXII

            DEDUCTION FROM SALARY


            A. l. The Board agrees to deduct from the salaries of its unit members dues for the Bordentown Regional Education Association, the Burlington County Education Association, the New Jersey Education Association, or any one or any combination of such associations as said unit members individually and voluntarily authorize the Board to de­duct. Such deductions shall be made in compliance with Chapter 3l0, Public Laws of l967 (NJSA 52:l4-l5.9e) and under rules established by the State Department of Education. Said monies together with records of any corrections shall be transmitted to the treasurer of the Bordentown Regional Education Association by the l5th of each month following the pay period in which deductions were made. The Association treasurer shall disburse such monies to the appropriate association or associations. Unit member authorizations shall be in writing in the form set forth below:

            AUTHORIZATION TO DEDUCT ASSOCIATION MEMBERSHIP DUES

            Name _____________________________ Social Security No.___________________

            School Building _____________________ District_____________________________

            To: Disbursing Office _________________________Board of Education

            I hereby request and authorize the above named disbursing officer to deduct from my earnings an amount sufficient to provide for the payment of those yearly membership dues as certified by the organizations indicated in equal monthly payments for all or part of the current school year and for succeeding school years. I understand that the disbursing officer will discontinue such deductions only if I file such notice of withdrawal as of the January l or July l next succeeding the date on which notice of withdrawal is filed. I also agree that upon termination of employment, the disbursing officer shall deduct any remaining amount due for that current school year. I hereby waive all right and claim for said monies so deducted and transmitted in accordance with this authorization, and relieve the governing body and all of its officers from any liability therefrom.

            I designate the Bordentown Regional Education Association to receive dues and distribute according to the organization(s) indicated:

            Bordentown Regional Education Association________________________
            Burlington County Education Association__________________________
            New Jersey Education Association_________________________________
            National Education Association___________________________________


                2. Each of the associations named above shall certify to the Board, in writing, the current rate of its membership dues. Any association which change the rate of its membership dues shall give the Board written notice prior to the effective date of such change.

            B. l. The Board of Education of the Bordentown Regional School District recognizes the Bordentown Regional Education Association as the majority representative and agrees, according to the New Jersey Representation Fee Law, Chapter 477, P.L. l979, to deduct representation fees from non-member employees in the unit, and to forward to the majority representative the representation fee in lieu of dues for services rendered by the majority representative.
                    The representation fee in lieu of dues shall be in an amount equivalent to the regular membership dues, initiation fees and assessments charged by the majority representative to its own members less the cost of benefits financed through the dues, fees and assessments and available to or benefiting only its members. This representation fee shall be levied at 85% of the regular membership dues, fees and assessments.
                2. The Bordentown Regional Education Association shall indemnify and hold the employer harmless against and from any and all claims, demands, suits, and any other forms of liability or costs, whatsoever, including liability for reasonable counsel fees and other legal costs, paid to counsel of the employer's choice, that may arise out of, or by reason of any action taken or not taken by the employer in conformance with or in attempted conformance with the agency shop or representation fee provision. Furthermore, and in addition hereto, the Bordentown Regional Education Association guarantees that it will be responsible for any reimbursement to the employer of any costs or expenses arising from or by reason of any action taken or not taken by the employer in conformance with or in attempted conformance with the agency shop or repre­senta­tion fee provision.

            C. Unit members will be notified in writing of any pay deductions made in keeping with the Board's policy. This notice with the reason for same will be provided the unit member whenever possible prior to the deduction being made, but no later than the issuance of the check, so that an opportunity to meet with the Administration to discuss the action will be possible, if desired.

            D. Bargaining unit members may individually elect for any school year to have a stated amount of their monthly salary deducted from their pay and deposited to their credit at Atlantic Burlington Federal Credit Union.


                                     
            ARTICLE XXIII
            INSURANCE PROTECTION

            The Board shall provide the health care insurance protection designated below to all unit members working the required number of hours to be eligible.

            A. The Board shall provide to eligible unit members and their dependents, at no cost to the employee, the State Health Benefits Plan (SHBP) insurance package without a free standing prescription plan. The Board will pay the full cost of all medical plans offered by the district.

            B. The Board will provide for all employees represented by the Association the current dental coverage plan known as the Delta Dental Plan of New Jersey, Inc., or an equal coverage plan. Dependent coverage may be received at employee's expense.

            C. For each unit member who remains in the employ of the Board for the full school year, the Board shall make payment of insurance premium to provide insurance coverage for the full twelve (l2) month period commencing July l and ending June 30. When necessary, payment of premiums in behalf of the unit member shall be made retroactively or prospectively to assure uninterrupted participation and coverage.

            D. The Board shall provide to each unit member a description of the health care insurance coverage provided under this Article which includes a clear description of conditions and limits of coverages listed above as soon as they are avail­able.

            E. The Board may change the number of hours to be worked in order to be eligible for health insurance coverage under paragraph A. above to up to twenty-six (26) hours. Should the Board institute such a threshold for employee health insurance coveraage, persons employed immediately prior to the change at less than twenty-six (26 hours and receiving such health insurance benefits shall continue to receive such benefits unless their work schedule is reduced to less than twenty (20) hours per week.

            F. The Board shall provide each unit member the opportunity for a pre-tax payroll deduction, under Chapter 125 of the IRS Code, up to the amount of the employee's contribution for the prescription drug plan premium and dependant dental coverage premium.


            ARTICLE XXIV

            MISCELLANEOUS PROVISIONS

            A. 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.

            B. 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 to the extent permitted by law, but all other provisions or applications shall continue in full force and effect.

            C. Any individual contract between the Board and an individual unit member, heretofore or hereafter executed, shall be subject to and consistent with the terms and conditions of this Agreement. If an individual contract contains any language inconsistent with this Agreement, during its duration, this Negotiated Agreement shall be controlling.

            D. Copies of this Agreement shall be printed within thirty (30) days after the Agreement is signed and presented to all unit members now employed, or hereafter employed by the Board. The expense for printing such copies shall be shared equally between the Association and the Board.

            E. 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 unit mem­bers or in the application or administration of this Agree­ment on the basis of race, creed, color, religion, national origin, sex, domicile, or marital status. An employee who chooses to arbitrate a grievance alleging a violation or misapplication of this clause shall be precluded from sub­mitting the same grievance or complaint to any other legal forum. An employee who files a grievance or complaint in any other legal forum regarding the rights delineated in this Article shall be precluded from submitting the same dispute to arbitration.

            F. Unless otherwise provided in this Agreement, nothing contained herein shall be interpreted and/or applied so as to eliminate, reduce or otherwise detract from any unit member benefit existing prior to its effective date. It is the intent of the parties that any such benefits existing in a building or buildings prior to this Agreement shall not be expanded beyond that building to unit members in any other building in the Bordentown Regional School District.



            ARTICLE XXV

            DURATION OF AGREEMENT


            This Agreement is effective from July l, 2003, and shall continue in effect until June 30, 2006. This Agreement shall not be extended orally and it is expressly understood that it shall expire on the date indicated.

            IN WITNESS WHEREOF, the Board and the Association have caused this Agreement to be signed by their respective Presidents, attested to by their respective Secretaries, and their seals to be affixed thereto.



            The Bordentown Regional School District Board of Education:



            By: ____________________________________ Date:___________________
            President, Board of Education


            By: ____________________________________ Date: ___________________
            Secretary, Board of Education




            The Bordentown Regional Education Association:



            By:____________________________________ Date:___________________
            President, BREA


            By:____________________________________ Date:___________________
            Representative, BREA


            Bordentown Reg Sch Dist BE and Bordentown Reg EA 2003.pdf