Contract Between
Brigantine B/E-Atlantic
- and -
Brigantine EA
* * *
07/01/2005 thru 06/30/2008


CategorySchool District
UnitAides, Cafeteria Workers, Clerical, Custodians, Other, Teaching/Professional Staff

Contract Text Below



AGREEMENT


between the


BRIGANTINE EDUCATION ASSOCIATION

and the

BRIGANTINE BOARD OF EDUCATION




July 1, 2005, through June 30, 2008

TABLE OF CONTENTS

Preamble i
Article I Recognition 1
Article II Negotiation Procedure 2
Article III Grievance Procedure 2
Article IV Employment Procedures 5
Article V Salaries 5
Article VI Transfers and Reassignments 7
Article VII Employee Evaluation 7
Article VIII Fair Dismissal Procedure 8
Article IX Employee Facilities 9
Article X Employee Rights 9
Article XI Association Rights and Privileges 10
Article XII Extracurricular Positions 11
Article XIII Teaching Hours and Load 11
Article XIV Support Staff Work Schedule 12
Article XV Teacher Work Year 13
Article XVI Support Staff Work Year 14
Article XVII Part- Time Employees 15
Article XVIII Sick Leave 15
Article XIX Temporary Leaves of Absence 16
Article XX Extended Leaves of Absence 18
Article XXI Sabbatical Leaves 20
Article XXII Insurance Protection 21
Article XXIII Deductions from Salary 22
Article XXIV Seniority and Job Security 23
Article XXV Boards Rights 23
Article XXVI No-Strike Pledge 24
Article XXVII Representation Fee 24
Article XXVIII Tuition Reimbursement 25
Article XXIX Miscellaneous Provisions 26
Article XXX Duration of Agreement 27

Salary Schedule A-1 - Teachers 2005-2006 28
Salary Schedule A-2 - Teachers 2006-2007 29
Salary Schedule A-3 - Teachers 2007-2008 30
Salary Schedule B - Secretaries, Clerk/Typists 31
Salary Schedule C - Attendance Officer/Data Processor 31
Salary Schedule D - Instructional Aides 32
Salary Schedule E - Custodial/Maintenance 32
Salary Schedule F - Extracurricular Activities 33

i
PREAMBLE

THIS AGREEMENT entered into this 10th day of June, 2005, by and between the BOARD OF EDUCATION OF THE CITY OF BRIGANTINE, County of Atlantic, and State of New Jersey, hereinafter called the “Board” and the BRIGANTINE EDUCATION ASSOCIATION, hereinafter called the “Association.”
WITNESSETH

WHEREAS, the Board has an obligation, pursuant to Chapter 123, Public Laws of 1974, to negotiate with the Association as the representative of employees hereinafter designated with respect to terms and conditions of employment, and

WHEREAS, the parties have reached certain understandings which they desire to confirm in this Agreement.

In consideration of the following mutual covenants, it is hereby agreed as follows.
35
ARTICLE I
RECOGNITION

A. RECOGNITION

The Board hereby recognizes the Brigantine Education Association as the exclusive and sole representative for collective negotiation concerning the terms and conditions of employment for the following unit of regularly employed full and part-time certificated personnel under contract to the Brigantine Board of Education.

Classroom Teachers K-8
Remedial Reading Teachers
Vocal Music Teachers
Librarians
Instrumental Music Teachers
Art Teachers
Physical Education Teachers
Reading Teachers
Learning Disabilities Specialist
Social Worker
Nurses
Industrial Technology
Speech Therapist
Home Economics Teachers
Psychologist
Special Education Teachers
Gifted and Talented Teachers
Guidance Counselors
ESL Teachers
Foreign Language Teachers
Bilingual Teachers
TV Production Teachers
Computer Teachers and all other certified staff

The following non-certificated personnel:

Attendance Officer/Data Processor
Clerk/Typists and Secretaries
Instructional Aides
Custodial/Maintenance Personnel

Specifically excluded are the Superintendent, Principals, and all other employees of the Board not specifically enumerated above.

B. Terms

1. Wherever the terms “employees” or “members of the bargaining unit” are used, they shall refer to all the personnel mentioned above.

2. Wherever the term “teacher” is used, it shall refer only to the certificated personnel mentioned above.

3. Wherever the term “support staff” is used, it shall refer only to the non-certificated personnel mentioned above.

4. Wherever the term “he” is used, it shall refer to both male and female employees.

ARTICLE II
NEGOTIATION PROCEDURE

A. The parties agree to enter into collective negotiations over a successor Agreement in accordance with Chapter 123, Public Laws of 1974, in a good faith effort to reach agreement on all matters concerning the terms and conditions of employee’s employment. Such negotiations shall begin in accordance with the rules of the Public Employment Relations Commission in the calendar year preceding the calendar year in which this Agreement expires. Any Agreement so negotiated shall apply to all members of the unit and be subject to ratification by the Board and Association.

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

C. Neither party in any negotiation shall have 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 counter-proposals in the course of negotiations. Any disputes over this issue shall not be subject to the grievance procedure but should be processed through the appropriate forum.

D. Representative of the Board and the Association’s Negotiating Committee shall meet, when necessary, for the purpose of reviewing the administration of the Agreement, and to resolve problems that may arise. These meetings are not intended to bypass the grievance procedure.

E. Should a mutually acceptable amendment to this Agreement be negotiated by the parties, it shall be reduced to writing, be signed by the Board and the Association, and be adopted by the Board.

F. This Agreement incorporates the entire understanding of the parties on all matters which have been the subject of negotiation. During the term of this Agreement, neither party shall be required to negotiate with respect to any such matter covered by this Agreement.

G. 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 PROCEDURE

A. Definitions

1. A grievance shall mean claim by an employee, a group of employees, or the Association that there has been a violation, misapplication or misinterpretation of this Agreement and shall be subject to binding arbitration.

2. A claim by an employee, a group of employees, or the Association based upon the interpretation, violation, or application of a Board rule, policy, or administrative decision, as these affect terms and conditions of employment, shall be subject to the grievance procedure but shall be subject to advisory arbitration only.

B. Purpose

1. The purpose of this procedure is to secure, at the lowest possible level, solutions to grievances. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of the procedure.


2. Nothing herein contained shall be construed as limiting the right of any employee having a grievance to discuss the matter informally with the appropriate member of the administration and having the grievance adjusted without intervention of the Association, provided adjustment is not inconsistent with terms of this Agreement.

C. Procedure

1. Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as a maximum, and every effort should be made to expedite the process. The time limits specified, however, may be extended by mutual agreement.

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 is practicable.

LEVEL ONE

An employee with a grievance shall first discuss it with his principal or immediate supervisor with the objective of resolving the matter informally. A grievance to be considered under this procedure shall be initiated by the employee within twenty-five (25) calendar days of its occurrence. A decision shall be made within nine (9) school days after presentation of the grievance at this level. If a principal or immediate supervisor is without authority to resolve the grievance, the grievance shall be forwarded by the principal/supervisor to Level Two within twenty-four (24) hours of submission except in the event of the principal or supervisor’s absence, in which case, the grievance shall be forwarded within forty-eight (48) hours of submission.

LEVEL TWO

A grievance may be filed with the Superintendent within nine (9) school days after the decision is made at Level One. The Superintendent shall render a decision within nine (9) school days after receiving the written grievance.

LEVEL THREE

A grievance may be filed with the Board of Education within nine (9) school days after the Superintendent’s decision. Upon request of the Association, the Board shall afford the grievant and the Association a hearing before the Board regarding said grievance. The Board of Education shall make a decision to the grievance within thirty (30) school days after receipt of the grievance.

Exclusions

1. Appointment to, or lack of appointment, or lack of retention in any position for which tenure is not possible or required.
2. The lack of offer of contract to a non-tenure teacher.
    LEVEL FOUR

    A grievance may be submitted to either binding or advisory arbitration (in accordance with Paragraphs A and B above) within ten (10) school days after the Board of Education’s decision.

    D. Authority of the Arbitrator

    1. It the grievant is dissatisfied with the decision of the Board of Education, and the Association deems the grievance to be meritorious, the Association may request the appointment of an arbitrator by requesting the New Jersey Public Employment Relations Commission to submit a roster of persons qualified to function as an arbitrator in the dispute in question. If the parties are unable to agree upon a mutually satisfactory arbitrator from the list submitted, they will request the New Jersey Public Employment Relations Commission to submit a second list. If the parties are unable to agree upon a mutually satisfactory arbitrator from the second list, the New Jersey Public Employment Relations Commission may be requested by either party to designate an arbitrator.

    2. The arbitrator shall function in accordance with the rules and procedures of the New Jersey Public Employment Relations Commission.

    3. The arbitrator shall limit himself to the issue before him and consider nothing else. He shall have no power to add to, subtract from, or modify the Agreement between the parties or any policy of the Board of Education.

    4. The arbitrator shall set forth his findings of fact and conclusions of law upon which his decision is based.

    5. The arbitrator shall be bound by decisions of the Commissioner of Education of New Jersey, decisions of the State Board of Education of New Jersey, the decisions of the Courts of New Jersey, and all New Jersey Statutes.

    E. Costs

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

    F. Representation

    Any aggrieved person may be represented at all stages of the grievance procedure by himself, or at his option, by a representative selected or approved by the Association. When an employee is not represented by the Association, the Association shall have the right to be present and to state its views at all stages of the grievance procedure. Such procedure concerning representation shall not apply at Level One.

    G. Reprisals

    No action of any kind shall be taken by the Board or by any member of the administration against any party in interest, any building representative, any member of the Association, or any other participant in the grievance procedure by reasons of such participation.

    H. Miscellaneous

    1. All unsatisfactory decisions rendered to the aggrieved persons at Levels One, Two, Three, and Four, shall be in writing, setting forth the decision and the reason or reasons, and shall be transmitted promptly to all parties in interest and to the Association.

    2. All documents, communications, and records dealing with the processing of a grievance shall be filed in a separate grievance file and shall not be kept in the personal file of the participants.

    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 procedure.

    4. Failure at any level of this procedure to communicate the decision on a grievance within the specified time limit shall permit the aggrieved or the Association to forward the grievance to the next Level of this procedure.

    5. Any grievance not advanced from one level to the next within the specified time limits shall be waived.

    ARTICLE IV
    EMPLOYMENT PROCEDURES

    A. Notification of Contract and Salary

    1. Teachers, Secretaries, Clerk/Typists, Custodians, Maintenance Personnel, and Attendance Officers/Data Processors shall be notified of their contract and salary status for the ensuing year no later than May 15.

    2. Board funded Instructional Aides shall be notified of their contract and salary status for the ensuing year no later than June 30.

    3. State/Federally funded Instructional Aides shall be notified of their contract and salary status as soon as possible after the District’s receipt of funding notification.

    4. Notice of acceptance of employment - If the teaching staff member desires to accept such employment, he shall notify the Board of Education of such acceptance, in writing, on or before June 1, in which event such employment shall continue as provided for herein. In the absence of such notice of acceptance, the provisions of this Article shall no longer be applicable.

    B. Notification of Grade and Subject Assignment

    Teachers shall be notified of their grade and subject assignment for the following year no later than May 20 of the preceding school year. In the event that a change is made after May 20, the teacher(s) affected shall be notified as soon as possible.

    C. Black Seal License

    The Board shall have the right to require all custodial/maintenance personnel hired after July 1, 1988, to have or obtain a Black Seal License. The Board agrees to pay the full cost of the course and course materials. Employees will have two opportunities to pass the examination pursuant to a Board-established time table, effective July 1, 1988. If such course work occurs outside of an employee’s regular work hours, such employee shall be paid their regular rate of pay for all time spent in the classroom.
    ARTICLE V
    SALARIES

    A. The salaries of all members of the unit covered by this Agreement are set forth in the Salary Schedules which are attached hereto and made a part hereof.

    1. Present Board policy will be continued whereby teachers employed on a ten-month basis will be paid twice a month in equal installments September through June with the exception of December. The December pay will be made to personnel as in the past in one installment on or about the fifteenth of the month.

    2. All twelve-month employees will be paid twice a month in equal installments July through June with the exception of December.

    3. Instructional Aides will be paid twice a month September through June with the first payday occurring on or before September 15.

    4. Present Board policy will be continued whereby when a payday falls on a school holiday or weekend, checks will be distributed on the last school day prior to the holiday.

    5. The final pay in June will be made on the last working day of the month.

    B. Home Instruction

    Any teacher who voluntarily accepts an offer from the Board to provide home instruction for a student shall be compensated at the hourly rate of $36.11 effective July 1, 2005; $37.85 effective July 1, 2006, and $39.67 effective July 1, 2007.

    C. Procedure for Withholding Employment or Adjustment Increments

    1. Employment or adjustment increment may be withheld for inefficiency or other just cause related to the performance of duties. Any employee so affected shall be guaranteed the due process provisions of 18A:29-14.

    2. Any action by the Board to withhold a teacher’s increment or any part thereof, shall be subject to appeal to advisory arbitration as set forth in this Agreement. The arbitrator shall have the authority to recommend the restoration of all or part of the increment withheld retroactively.

    3. Any action by the Board to withhold a support staff employee’s increment or any part thereof shall be subject to the grievance procedure and binding arbitration as set forth in Article III of this Agreement.

    4. Any employment increment or adjustment increment or part thereof withheld under this provision shall be restored the following year unless the procedures set forth in this provision are followed once again, in which case, the increment or increments previously withheld and any additional increments which may be due may be withheld in whole, or in part.

    D. Summer School

    Any teacher accepting a teaching position in Summer School shall be compensated at the hourly rate of $36.11 effective July 1, 2005; $37.85 effective July 1, 2006, and $39.67 effective July 1, 2007.

    E. Summer Work

    Any employee requested to work or perform additional duties outside of the employee’s normal work year shall be compensated at the hourly rate of $36.11 effective July 1, 2005; $37.85 effective July 1, 2006, and $39.67 effective July 1, 2007.

    F. Detention Supervisor

    Any teacher who serves as Detention Supervisor shall be compensated at the hourly rate $36.11 effective July 1, 2005; $37.85 effective July 1, 2006, and $39.67 effective July 1, 2007. Pay for the Detention Supervisor shall be included in the employee’s regular paycheck (20% non-contributory) twice a month.


    G. Substitute Calling

    Any employee responsible for calling substitutes shall receive a stipend of $2,646.00 effective July 1, 2005. Such stipend shall not be included in the employee’s base salary effective July 1, 2005. The employee shall work the normal workday except as specified by the Superintendent.

    H. Chaperones for Overnight and/or Extended Day Trips

    1. Any employee chaperoning any Board approved overnight trip or any Board-approved trip that extends an employee’s total workday by four (4) hours or more shall be compensated $75.00 per day for each day of the overnight trip and for each day of an extended day trip by which an employee’s total workday is extended by four (4) hours or more.

    2. Ten-month employees will have the option to withhold a sum of money on a biweekly basis for a summer payment. The Board plan will remit these monies to the ABCO credit union each pay. The Association agrees to save the Board harmless as fiscal agent for the plan. The employee shall establish a summer payment account with the ABCO Credit Union.
    ARTICLE VI
    TRANSFERS AND REASSIGNMENTS

    A. The Superintendent shall, as soon as possible, deliver to the Association and post a list of the known vacancies which shall occur. Notice and posting of vacancies shall be made between September 1 and June 30 of the school year.

    B. Teachers who desire a change in grade and/or subject assignments shall file a written statement of such desire with the Superintendent. Such statements shall include the grade and/or subject to which the teacher desires to be transferred, in order of preference. Such requests for transfers and reassignments shall be submitted within ten (10) days after notification of a vacancy. Such requests for transfers and reassignments shall be submitted no later than May 1 of the school year and shall be considered active until the first day of the following year. It is expressly understood that transfers and/or reassignments shall be at the sole discretion of the Board of Education.

    C. If a vacancy shall be filled by means of an involuntary transfer of an employee, then such employee shall be notified, in writing, of such transfer prior to its initiation. If school is not in session, notification shall be made by certified mail to the employee’s home address and summer address, if applicable. Upon receipt of such notification, the employee involved shall have the right to request a conference with the Superintendent to discuss the reason(s) for such transfer.

    D. If vacancies occur between July 1 and September 1, the same posting requirements shall be followed, and the President of the Association shall be notified in writing of the vacancy.

    ARTICLE VII
    EMPLOYEE EVALUATION

    A. Evaluation

    1. It is mutually understood that evaluation is the measure of the overall performance of an employee and formal observation is but one portion.

    2. All employees shall be formally observed by their superiors as often as deemed necessary during each school year, to be followed by a written formal observations report and by a conference between the employee and his immediate superior for the purpose of edifying any differences, extending assistance for their correction, and improving instruction. All monitoring or formal observations of the work performance of an employee shall be conducted openly and with full knowledge of the employee.

    3. An employee shall be given a copy of any formal observations report prepared by his observer at least one day before any conference to discuss it. Such conference shall be held within five (5) school days of the observation, except in cases of emergency. No such report shall be submitted to the central office, placed in the employee’s file, or otherwise acted upon without prior conference with the employees. No employee shall be required to sign a blank or incomplete formal observation form.

    4. Each non-tenure teaching staff member shall be observed and evaluated in the performance of her or his duties at least three times during each school year but not less than once during each semester. Said evaluations may cover that period between April 30 of one year and April 30 of the succeeding year except in the case of the first year of employment where the three evaluations must have been completed prior to April 30. The number of required observations and evaluations may be reduced proportionately when an individual teaching staff member’s term of service is less than one academic year.

    5. Each tenure teacher shall receive at least one formal observation per school year.

    6. Each Support staff employee shall receive at least one formal observation per school year.

    7. If any written material from an employee’s file is to be used in a disciplinary hearing against the employee, then a copy of such material shall first be provided to the employee concerned three (3) school days prior to the hearing or seven (7) calendar days prior during July and August.

    B. Criticism of Teachers

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

    ARTICLE VIII
    FAIR DISMISSAL PROCEDURE

    A. Notification of Status

    1. Dates

    On or before the date recognized by statute each year, the Board shall give to each non-tenured teacher and twelve-month support staff employee continuously employed since the preceding September 30, and on or before June 30 of each year to each Board-funded instructional aide, who was continuously employed since the preceding September 30 either,

    a. A written offer of re-employment but with such increases in salary and benefits as may be required by law or agreement between the Board and the Association, or

    b. A written notice that such employment shall not be offered. Federal/State funded instructional aides shall be notified of their status as soon as possible after notification of funding is received by the District.

    2. Informal Appearance

    Any non-tenured employee who has received such notice of non-employment shall be entitled to an appearance before the Board, provided a written request for such appearance is received in the office of the Secretary of the Board within five (5) days after notification of non-employment.


    3. Board Determination

    The Board shall issue its written determination as to the employment or non-employment of said non-tenured employee for the succeeding school year no later than thirty (30) days after the employee’s written request is received by the Board.
    ARTICLES IX
    EMPLOYEE FACILITIES

    A. Space in each classroom will be provided in which teachers may store instructional materials and supplies.

    B. A desk, chair, and secured cabinet for personal belongings will be provided for each teacher and secretary.

    C. Adequate employees’ lavatories for each sex will be provided.

    D. The Board will continue to provide acceptable copies of teachers’ textbooks, chalkboard space in the classroom, and adequate school supplies for each pupil.

    E. The Board will permit the Association to have vending machines installed in each employees’ lounge.

    F. The teachers’ room shall be adequately maintained.
    ARTICLE X
    EMPLOYEE RIGHTS

    A. Rights and Protection in Representation

    Pursuant to Chapter 123, Public Laws of 1974, the Board hereby agrees that every member of the bargaining unit shall have the right to freely organize, join and support the Association and its affiliates, or refrain there from, for the purpose of engaging in collective negotiations and other lawful concerted activities for mutual aid and protection. The Board agrees that it shall not discourage nor deprive or coerce any employee in the enjoyment of any rights conferred by Chapter 123, Public Laws of 1974, and that it shall not discriminate against any member of the bargaining unit respect to hours, wages, or terms and conditions of employment by reason of his membership or non-membership in the Association and its affiliates.

    B. Evaluation of Students

    The teacher shall maintain the responsibility to determine grades and other evaluations of students within the grading policies of the Brigantine School District. No grade or evaluation shall be changed without consultation with the teacher, provided the teacher is available for consultation within ten (10) days.

    C. Personnel Records

    1. An employee shall have the right, upon request, with reasonable notice to review the contents of his personnel file and to receive copies of any documents contained therein. An employee shall be entitled to have a representative(s) of the Association accompany him during such review. Review of the documents shall be done in the presence of the Superintendent or his designee.

    2 No material derogatory to an employee’s conduct, service, character, or personality shall be placed in his personnel file unless the employee has had an opportunity to review the material.

    3. The Superintendent’s personnel file shall be the official file. Any personnel notes kept by a principal shall be expunged upon the principal leaving the District or position.

    D. Meetings/Conferences

    Any employee required/requested to attend any meeting with parents, students, and/or administrators regarding problems, complaints, and/or concerns about an employee’s conduct, decision, action, etc., shall receive prior notice, whenever possible, of such meeting, the reasons for such meeting, and what parties will be present.

    1. Employees who use their car for school business including travel to meetings/workshops outside the building will be reimbursed at the current IRS approved rate.

    ARTICLE XI
    ASSOCIATION RIGHTS AND PRIVILEGES

    A. Information to Association

    The Board shall make available to the Association for inspection all financial records and data and information in the public domain pertinent thereto of the Brigantine School District, upon request.

    B. Released Time for Meetings

    Whenever any representative of the Association or any employee participates during working hours in negotiations, grievance proceedings, conferences, or meetings which relate to Association business with the Board or administration, he shall suffer no loss in pay, however, it is agreed that such negotiations, grievance proceedings, conferences, or meetings shall be subject to mutual scheduling by the Board or its representatives and the Association.

    C. Use of School Buildings

    The Association and its representatives shall have the right to use the School Buildings for lawful Association business between the hours of 7:30 a.m. and 9:30 p.m. on school days, provided that the space requested is not otherwise in use. The principal of the building in question shall be notified in advance of the time and place of all such meetings.

    D. Use of School Equipment

    The Association shall have the right to use school facilities and equipment, including manual typewriters, mimeographing machines, other duplicating equipment, audio visual equipment and computers at reasonable times when such equipment is not otherwise in use. The Association shall provide its own supplies and shall be responsible for any damage sustained by such equipment during Association use.

    E. Mail Facilities and Mail Boxes

    The Association shall have the right to use inter-school mail facilities and mail boxes upon notification to the building principal. The Association agrees to make available for inspection any items sent through such facilities except items relating to collective negotiations or grievances.

    F. Copies of Board Policy

    The Board shall provide three complete copies of the current Board Policy Book to the Association and shall forward any changes/additions to such book as soon after adoption as possible.


    G. BEA Liaison

    A representative or Liaison from the BEA for one prep per week, as needed, may be released for discussion with the Superintendent at a mutually agreed upon time.
    ARTICLE XII
    EXTRACURRICULAR POSITIONS

    A. Extracurricular position openings shall be posted for a period of ten (10) school days, before an appointment is made.

    B. The Board shall use a volunteer for such positions, provided such volunteer is deemed qualified.

    C. The Board has sole discretion to determine whether or not an applicant for extracurricular positions is qualified.

    D. The Board has the sole discretion to appoint an employee or non-employee pursuant to law, of its choice to an extracurricular position, if no one applies.

    E. Extracurricular positions and their annual amounts of extra pay shall be as set forth in Schedule F, attached.

    F. In the event extracurricular positions are created in addition to those stated in Salary Schedule F, the salary for such positions shall be negotiated with the Association.
    ARTICLE XIII
    TEACHING HOURS AND LOAD

    A. Length of Day

    The teacher in-school workday shall not exceed seven (7) hours total per day. Arrival and dismissal times shall be set by the Superintendent but will be between 7:30 a.m. and 3:45 p.m. In the case of half-day schedule, teachers agree to a work schedule to comply with N.J.A.C. 6:20-1.3(e) a minimum of four-hour instructional session.

    B. Teacher Responsibilities

    1. Except for planning time as guaranteed in Section F of this Article, and a lunch period as guaranteed in Section C of this Article, teachers shall spend the remaining workday involved in instructional and supervisory responsibilities, including before and after school supervisory duties. Nurses are exempt from these before and after school supervisory duties. It is agreed that there shall be no increase in instructional time over the 2004-2005 school year.

    2. Assignment to non-instructional supervisory duties shall be on an equitable rotating basis among the entire professional staff. However, the ultimate right to assign or not assign any individual to a specific duty rests with the administration. This is not to be construed that any individual will be excluded from assignment of duties with the exception of the school nurse.

    C. Duty-Free Lunch Period

    On a normal school day, all teachers shall receive a duty-free lunch period of at least forty (40) minutes.


    D. Meetings

    1. In-school faculty, departmental, and grade level meetings shall be held within the teacher’s normal workday.

    2. Any other meetings extending beyond the normal school day shall be limited to no more than twelve (12) per school year and shall in no event end later than one hour after the end of the teacher’s normal workday.

    3. Meetings referred to in Paragraph 2 above, shall be limited to no more than three (3) in any month.

    4. Any evening meeting shall be in lieu of a meeting in Paragraph 2 and shall be limited to four (4) per year. Such meetings shall not exceed two and one-half 2 hours each.

    E. Notice

    Written notice of meetings in Paragraphs 2 and 4 of this Article shall be given ten (10) days prior to the meeting.

    F. Planning Periods

    Each teaching staff member shall receive one forty-minute prep per day except in the event of emergency coverage.
    ARTICLE XIV
    SUPPORT STAFF WORK SCHEDULE

    A. Secretarial

    1. School Year

    During the school year, the secretaries’ workday shall be seven and one-half (7) hours per day, inclusive of a one hour uninterrupted daily lunch. Arrival and dismissal times shall be set by the Superintendent but will be between the hours of 8:00 a.m. and 4:00 p.m.

    2. Summer Hours

    Between July 1 and August 31, secretaries shall work a five (5) day work week consisting of six and one-half (6) hour days, and the last day of each week shall be six (6) hours, inclusive of a one hour uninterrupted daily lunch. The Superintendent may allow a four (4) day work week consistent with the work weeks total hours described above. The lunch hour shall still include one (1) hour uninterrupted daily lunch.

    B. Attendance Officer/Data Processor

    1. School Year

    During the school year, the attendance officer/data processor’s workday shall be seven and one-half (71/2) hours per day, inclusive of a one hour uninterrupted daily lunch. Arrival and dismissal times shall be set by the Superintendent but will be between the hours of 7:00 a.m. and 4:00 p.m.


    2. Summers Hours

    Between July 1 and August 31, attendance officer/data processors shall work a five (5) day work week consisting of six and one-half (6) hour days, and the last day of each week shall be six (6) hours, inclusive of a one hour uninterrupted daily lunch. Arrival and dismissal times will be determined by the administration.

    C. Custodial/Maintenance Personnel

    The workday for custodial/maintenance personnel shall be eight (8) hours, inclusive of a one hour meal break. Each custodian will be given a work shoe/boot voucher to purchase workboots to support working conditions of safety for all custodians during the workday. Boot description and purchase location will be directed and articulated through the Business Office.

    D. Instructional Aides

    The workday for full time instructional aides shall be at least four and one-half (4) hours per day, inclusive of at least a half-hour break.

    E. Overtime

    Any support staff employee working in excess of their working hours as described above, shall be compensated overtime at one and one-half (1) times their normal hourly rate. If the employee agrees, compensatory time based on the same calculation (one and one-half times) may be granted in lieu of overtime payment. Such overtime must be approved and directed in advance by the administration.

    F. Call-Back

    A custodial employee who is “Called Back” at times outside his/her normally scheduled workday, and in addition, works for four (4) hours or more during that same day’s regularly scheduled work shift, the employee shall be compensated at a minimum of two (2) hours at the overtime contract rate as “Call Back” compensation. If the custodial employee is “Called Back” and required to work less than four (4) hours during that same day’s regularly scheduled work shift, no “Called Back” compensation shall be awarded to the employee. If the accumulated total of the hours worked in any one day exceeds the custodial work as defined in Article XIV, the employee shall be compensated at the overtime rate for the excessive time.

    G. Shift Vacancies

    Establishment of new shifts or vacancies on shifts for custodial/maintenance personnel shall be posted for ten (10) days prior to appointment, except in cases of emergency.
    ARTICLE XV
    TEACHER WORK YEAR

    A. In-School Work Year

    The in-school work year for teachers shall not exceed one hundred eighty (180) student days, plus up to a maximum of three (3) days either immediately preceding, during, or following the one hundred eighty (180) student days, in any combination but excluding vacation days and holidays.

    B. Orientation

    Newly hired teachers, in addition to Paragraph A above, may be required, at the Superintendent’s discretion, to attend an orientation day prior to the first day that other teachers are required to report.

    ARTICLE XVI
    SUPPORT STAFF WORK YEAR

    A. Secretarial and Attendance Officer/Data Processor

    Twelve-month employees’ work year shall be from July 1 through June 30. As of the first official day of school for the teaching staff through the last official day of school for the teaching staff, twelve- month employees’ work schedule shall be the same as that worked by the teaching staff. Ten-month employees’ work year shall be from September 1 through June 30.

    B. Custodial/Maintenance Personnel

    Twelve-month employees’ work year shall be from July 1 through June 30.

    C. Instructional Aides

    The work year for Instructional Aides shall be the same as that of the teaching staff.

    D. Clerk/Typist

    Twelve-month work year shall be from July 1 through June 30. As of the first official day of school for the teaching staff through the last official day of school for the teaching staff, Clerk/Typists’ work schedule shall be the same as that worked by the teaching staff. Ten-month employees’ work year shall be from September 1 through June 30.

    E. Holidays

    1. All twelve-month custodial personnel shall receive seventeen (17) holidays, with pay, including the following specific holidays.

    1. Independence
    2. Labor Day
    3. Thanksgiving Day
    4. Day after Thanksgiving
    5. December 24
    6. December 25
    7. December 31
    8. January 1
    9. Good Friday
    10. Easter Monday
    11. Memorial Day

    *One Custodial Staff attends Convention each year.

    2. Employees shall be entitled to an additional six (6) holidays with pay per year. The exact dates of these holidays will be based upon the structure of the school calendar, and employees will be notified of the dates for these six (6) holidays by the administration after the Board has adopted the school calendar.

    Secretaries, Clerk/Typists, and Attendance Officer/Data Processor shall reflect the present holidays with pay scheduled by the District for all support personnel and custodial employees.

    3. If a holiday should fall on a Saturday or Sunday, each support staff employee, (12 months) shall receive one compensatory day for each holiday either on the preceding Friday or following Monday, as determined by the administration.


    4. If custodial/maintenance employees are required to work on a holiday due to school being in session, they shall receive one compensatory day to be taken at a time approved by the administration.

    F. Vacations

    1. All twelve-month employees shall be entitled to the following vacation days per year:

      a. Up through 5 years of service, 10 days

    b. Six through 20 years, one (1) additional day per year up to a maximum of 20 days

    2. Vacation in the employee’s first year, shall be prorated according to the date the employee is hired. No vacation shall be taken by a first year employee until the employee has completed six months of service.

    ARTICLE XVII
    PART-TIME EMPLOYEES

    It is agreed that part-time employees included in this unit shall be entitled to benefits on a pro-rated basis. It is agreed, however, that health insurance, prescription plan, dental plan, and optical plan coverage shall not be provided to part-time employees, unless these employees are permitted coverage under the regulations of the State Health Plan.
    ARTICLE XVIII
    SICK LEAVE

    A. Teachers

    All teachers employed in the Brigantine Schools shall be entitled to fifteen (15) sick leave days each school year as of the first official day of the school year whether or not they report for duty on that day.

    B. Twelve-Month Employees

    All twelve-month employees employed in the Brigantine Schools shall be entitled to eighteen (18) sick leave days each year as of July 1 whether or not they report for duty on that day,

    C. Instructional Aides and Ten-Month Clerk/Typists

    All instructional aides and clerk/typists employed in the Brigantine Schools shall be entitled to ten (10) sick leave days each school year as of the first official day of the school year whether or not they report for duty on that day.

    D. Accumulation

    Unused sick leave days shall be accumulated from year to year with no maximum limit.

    E. Transfer of Sick Leave

    Those teachers who transfer into the Brigantine Schools with a certified accumulation of sick leave from prior teaching will be granted ten (10) sick leave days from their non-Brigantine accumulated time beginning on their fourth contract year in Brigantine, and an additional ten (10) accumulated sick leave days each year thereafter not to exceed fifty (50) transferred accumulated sick leave days.


    F. Compensation for Unused Sick Leave

    1. Upon Retirement, the retiring employee shall be compensated for their accumulated sick leave as follows: Effective July 1, 2002, $60.00 per day up to a maximum per retiree of $15,000.00.

    2. To be eligible for such compensation, an employee must have at least fifteen (15) years of experience (not required to be in Brigantine).

    3. Notification of intent to retire must be given by June 30 of the calendar year prior to the year of retirement. If notification is not given, payment will not be made to the employee until the beginning of the fiscal year following the year of retirement.

    4. The employee, upon retirement, shall be entitled to compensation for eligible unused sick leave payable to a tax-deferred 403b or similar plan. Such payment may be deferred, at the employee’s request, until January 2 following the year of retirement.

    5. If an employee dies prior to the date of retirement, then sick payment due him shall be made to the employee’s estate.
    ARTICLE XIX
    TEMPORARY LEAVES OF ABSENCE

    A. As of the beginning of each school/work year, teachers and twelve-month employees shall be entitled to the following temporary non-accumulative leaves of absence with full pay each year.

    1. Personal Leaves

    Up to three (3) days leave of absence may be granted during the school/work year for urgent needs not covered in other sections of this Article, including medical appointments for which validation may be required, with prior approval by the Superintendent of Schools. Personal leaves of this nature may be granted on days prior to a school holiday or vacation with prior approval of the Superintendent. Unused personal leave days will be accumulated sick leave days after June 30th of each year. A leave of absence under this section of this Article may be granted as to run consecutively with a leave of absence under any other section of this Article with prior approval of the Superintendent.

    2. Additional Personal Leave

    All twelve-month employees may be granted one additional personal day in the case of emergency at the sole discretion of the Superintendent.

    3. Professional Leave

    Up to three (3) days leave of absence may be granted for the purpose of visiting other schools or attending meetings or conferences of an educational nature with prior approval of the Superintendent of Schools. Additional professional leave may be granted by the Superintendent at his/her discretion. Any registration/lunch costs shall be borne by the Board.

    4. Association Business Leave

    Up to six (6) days of absence for the representatives of the Brigantine Education Association to attend educational conferences and conventions of State and National affiliated organizations shall be granted. The President of the Association shall designate the representatives and shall so notify the Superintendent. A representative may attend more than one conference or convention. In no event shall more than six (6) days of leave of absence be granted collectively for all representatives during a school/work year.


    5. Legal Leave

    Time necessary may be granted for appearances in any legal proceeding connected with the employee’s employment or with the school system or any other legal proceeding if the employee is required by law to attend at the discretion and approval by the Superintendent of Schools. Legal notification of such proceedings must accompany the request for legal leave. Such notification may include, but shall not be limited to, court-generated notices, orders, correspondence from judges or arbitrators, and/or disposition notices. The Superintendent may request that a judge, lawyer or other court employee verify attendance at said legal proceeding provide documentation. Documentation must be provided within thirty (30) working days of the completion of the proceedings

    6. Bereavement Leaves

    a. Up to five (5) days leave of absence may be granted at any one time in the event of death of an employee’s spouse, child, son-in-law, daughter-in-law, parent, father-in-law, mother-in-law, brother, sister, brother-in-law, sister-in-law, grand-parent, grand-child, and any other member of the immediate household.

    b. Employees may be granted up to one (1) day leave of absence in the event of death of an employee’s friend or relative outside the employee’s immediate family as defined above.

    c. In the event of the death of an employee or student in the Brigantine School System, the principal of said employee or student may grant to an appropriate number of employees sufficient time off to attend the funeral.

    7. Illness in Family Leave

    Up to a total of five (5) days per year per employee may be granted in the event of illness in the employee’s immediate family as defined above in Paragraph 6, Section a.

    8. Jury Duty Leave

    Time, as necessary, to perform jury duty if required to do so shall be granted. Any employee serving on jury duty shall receive their full salary in addition to any jury duty pay for the time served.

    9. Military Leave

    Time necessary as provided for in New Jersey Statutes for persons called into temporary active duty of any unit of the United States Reserves or the New Jersey State National Guard provided such obligations cannot be fulfilled on days when school is not in session shall be granted. An employee shall be paid his regular pay in addition to any pay which he receives from the State or Federal Government.

    B. As of the beginning of each year, teachers and twelve-month employees shall be entitled to the following temporary, non-accumulative leave of absence, without pay:

    Marriage/Honeymoon Leave

    Up to three (3) days leave of absence may be granted for the purpose of marriage and honeymoon.

    C. Additional leave, without pay, may be granted to an employee by the Superintendent. The decision to grant or not grant such additional leave rests solely with the Superintendent, and it is expressly agreed that his decision is not grievable.


    D. Instructional Aides (5 days per week) and Ten-Month Clerk/Typists

    Instructional Aides who work five days per week and ten- month Clerk/Typists shall only be entitled to the temporary leaves of absence as specified in Paragraphs A 1, 4, 5, 6, 7, and 8, and Paragraph C.

    E. Part-Time Employees

    Part-time employees working less than five days per week but more than twenty (20) hours per week, shall be entitled to one (1) personal day per school/work year.

    F. Notification

    All requests for leaves of absence under this Article shall be made in writing to the Superintendent of Schools five (5) school days prior to the date requested. Except that in the event five (5) school days notice is not possible, the building principal shall be notified by telephone.

    G. Additional Leave

    Leaves taken pursuant to the Article shall be in addition to any sick leave to which the employee is entitled.
    ARTICLE XX
    EXTENDED LEAVES OF ABSENCE

    A. Professional Leave

    A leave of absence, without pay, up to two (2) years, shall be granted to any teacher who joins the Peace Corps, Vista, National Teacher Corps or serves as an Exchange Teacher or overseas teacher and is a full-time participant in either of such programs or accepts a Fullbright Scholarship.

    B. Military Leaves

    Military leaves, without pay, shall be granted to any teacher who is inducted or enlists in any branch of the armed forces of the United States for a period of said induction or initial enlistment.

    C. Maternity Leaves

    Employees under contract shall be granted maternity leave as consonant with all Federal and State Laws and/or major relevant court decisions.

    D. Child Rearing Leaves

    1. The Board of Education will grant child rearing leave of absence, without pay, to any employee whose child is less than ninety (90) days of age at the time of leave commencement.

    2. The employee must apply, in writing, for such leave to the Superintendent or designee at least thirty (30) days prior to the commencement. However, if the child is born during the summer, then such leave shall commence at the beginning of the academic year.

    3. Child rearing leave of absence without pay, sick leave, and employee health benefits shall be granted after legally-mandated leave has been exhausted to extend to the end of the first semester or to the end of the current school year. Written application to extend child rearing leave of absence shall be made by May 21 for September to February and by November 30 for February to June.



    4. If the legally-mandated twelve-week family leave cannot be completed within the academic school year in which it was requested, the employee shall have the following options:

    a. To return at the end of the twelve-week family leave of absence;

    b. To return at the end of the first semester (February), or

    c. To return at the beginning of the following academic year.


    5. Upon request, the Board shall grant a full academic year extended leave of absence without pay, sick leave, and employee health benefits. The request must include the entire academic school year from September through June, and such request must be made by the employee to the Superintendent or designee by April 1 of the previous academic year.

    6. Upon request, the Board may grant an additional full academic extended leave of absence without pay, sick leave, and employee health benefits. The request must include the entire academic school year from September through June, and such request must be made by the employee to the Superintendent or designee by April 1 of the previous academic year.

    7. A request for a Teacher receiving such leaves shall notify the Board of Education of their intent to return to the District at the end of their approved leave by April 1 of the last year of that leave.

    8. Employee shall not advance on the salary schedule during these leaves.

    9. Employees under contract on maternity leave may have the opportunity to substitute in the Brigantine School District in the area of his certification or competence at the discretion of the Superintendent.

    10. Employees under contract adopting an infant child shall receive similar leave, which shall commence upon his receiving de facto custody of said infant or earlier, if necessary, to fulfill the requirements for the adoption.

    E. Return from Leave

    1. Upon return from leave granted pursuant to Paragraph B of this Article, a teacher or secretary shall be considered as if he were actively employed by the Board during the leave and shall be placed on the salary schedule at the Level he would have achieved if he had not been absent.

    2. Upon return from leave granted pursuant to Paragraphs D-1 to D-10 of this Article, a teacher or secretary shall be placed on the salary schedule at the level he would have achieved if he had not been absent, providing he has actively taught or worked not less than five (5) months of the school year or work year in which he began his leave of absence and/or will teach or work not less than five (5) months of the school or work year in which he returns from such leave of absence. However, time spent on said leaves shall not count toward the fulfillment of the time requirements for acquiring tenure.

    3. An employee shall not receive increment credit for time spent on leave granted pursuant to Paragraphs D-1 to D-10 of this Article, nor shall such time count toward the fulfillment of the time requirements for acquiring tenure.

    4. All benefits to which an employee was entitled at the time the leave of absence commenced, including unused accumulated sick leave and credits towards sabbatical eligibility shall be restored to him upon his return, and he shall be assigned to the same position which he held at the time said leave commenced, if available, or if not, to a position for which he is certificated and/or qualified.

    F. Sick Leave

    Any employee on extended leaves of absence under any section of this Article shall not accrue sick leave days for the period involved.

    G. Extensions/Renewals

    All extensions and renewals of leaves shall be applied for in writing and if granted, in writing.


    H. Instructional Aids, Custodial/Maintenance personnel Clerk/Typists, and
    Attendance Officer/Data Processors

    Instructional Aides, Custodial/Maintenance personnel, Clerk/Typists and Attendance Officer/Data Processors shall only be entitled to the extended leaves specified in Paragraphs C and D above.

    I. Extended Personal Leave

    1. An extended leave for personal reasons, without pay, shall be granted to a maximum of two employees per year provided application is made in writing at least ninety (90) days prior to the beginning of such leave. Such leaves shall be for a period of one school year (September 1 through June 30). Extended personal leave for less than one school year may be granted on a case-by-case basis at the discretion of the Board.

    2. To be eligible for such leave, an employee must have been employed for at least seven (7) consecutive years (inclusive of any Board approved leave) in the Brigantine Schools.

    3. In the event more than two employees request such leave, extended personal leave shall be granted based upon total length of service.

    4. Extended personal leave shall be granted for the following reasons:

    a. Service in a public office and/or campaign for such service for himself or another person.
    b. Outside teaching in a college, university or other public school.
    c. Engaging in activities of the Association or its affiliates.
    d. Educational purposes
    e. Other valid purposes

    5. The employee on leave shall not be entitled to any benefits provided by this Agreement except as expressly provided by this Article and by law.

    6. All benefits to which an employee was entitled at the time his leave of absence commenced, including unused accumulated sick leave and credits toward any other leave, shall be restored to him upon his return and he shall be assigned to a position within his area of certification. Credit for advancement on the guide shall not be earned while the employee is on leave.
    ARTICLE XXI
    SABBATICAL LEAVES

    A. A sabbatical leave shall be granted to a teacher by the Board for study, including study in an area of specialization for the purpose of obtaining a Master Degree, Doctorate Degree, or for other reasons of value to the school system subject to the following conditions:

    1. If there are sufficient qualified applicants, sabbatical leaves shall be granted to a maximum of one teacher at any one time.

    2. Requests for sabbatical leaves must be received by the Superintendent in writing in such form as prescribed by the Board of Education to include reference to the status of the applicant’s T.P.A.F, Pension, group life insurance, social security and withholding tax. Such requests on the prescribed form must be submitted no later than December 1, and action must be taken on all such requests no later than March 1 of the school year preceding the school year for which the sabbatical leave is requested.


    3. The teacher applicant must have completed at least seven (7) full school years of service in the Brigantine School District. Request for sabbatical leave must include documentation that the applicant may reasonably be expected to complete the degree or the area of specialization which has previously been approved by the Board of Education with the credits being taken during the term of such leave.

    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 fifty percent (50%) of the salary rate for the full year sabbatical leave, or one hundred percent (100%) of the salary rate for one-half school year sabbatical leave.

    5. Upon returning from sabbatical leave, a teacher shall remain in the employ of the Brigantine Board of Education for a period of no less than two (2) full school years, or if not in the full-time employment of the Board for two (2) years, shall reimburse the Board an amount equal to the salary actually paid to him during the sabbatical year.

    B. Any group medical coverages in force at the time immediately prior to the sabbatical leave on the teacher and family coverage, if applicable, will be continued at Board expense during the term of the sabbatical leave

    C. Sick leave will not be accumulated during the term of a sabbatical leave

    ARTICLE XXII
    INSURANCE PROTECTION

    A. The Board shall continue to provide a basic hospital/surgical and major medical plan of insurance for each employee and in cases where appropriate for family plan insurance coverage, through a carrier as may be selected by the Board of Education.

    B. For each employee who remains in the employ of the Board of Education for the full school year, the Board shall continue to make payment of insurance premiums to provide coverage for the full twelve-month period commencing September 1 and ending August 31 when necessary premiums on behalf of the employee shall be made in a manner to assure uninterrupted participation of coverage.

    C. Provisions of the health care insurance program shall be detailed in master policies and contracts as selected by the Board and shall include Blue Cross/Blue Shield/Major Medical, and Rider J or equal.

    D. Description

    The Board shall continue to provide to each employee a description of the health care insurance coverage provided under these benefits not later than the beginning of each school year which shall include a description of conditions and limits of coverage.

    E. Prescription Drug Plan

    The Board agrees to provide a prescription drug plan for each eligible employee, and where appropriate, coverage for dependents. The current plan, ($5.00 co-pay) shall be increased to a $5.00 generic, $10.00 brand name, and a $0 mail-order co-pay effective August 1, 2005. The plan will be equal to the current NJEA small group plan.

    F. Dental Insurance Plan

    The Board agrees to provide one of the following dental plans for each eligible employee, and where appropriate, coverage for dependents.

    G. Employees agree to pay a contributory $15.00 per month for ten (10) months for each certified staff and $7.50 per month for ten (10) months for each non-certified staff member for prescription and dental insurance. Payments will be deducted per pay period and will be pre-tax deferred.

    1. The first plan shall provide at least the following coverage and shall be comparable to the plan effective December 23, 1982:

    a. $1,000.00 maximum per family member per year
    b. Co-insurance: 100% for preventative and diagnostic
    c. No deductibles
    d. Orthodontia - $1,500.00 lifetime maximum (50% co-insurance)

    2. The second plan shall be Delta’s Advantage Plan or a comparable plan with a $1,600.00 yearly maximum. The employee can choose one of the above plans.

    G. Optical Reimbursement Plan

    The Board agrees to provide an eyeglass plan for each employee and where appropriate coverage for dependants. The plan will have $0 co-pay with the following:

    Service Frequency in Network:
    Exam 12 months
    Lenses 12 months
    Frames 12 months
    (Effective as soon as possible after July 1, 2005)
    ARTICLE XXIII
    DEDUCTIONS FROM SALARY

    A. The Board agrees to deduct from the salaries of its employees, dues for the Brigantine Education Association, the Atlantic County Council of Education Association, the New Jersey Education Association, or the National Education Association, or any one or any combination of such association, as said employee individually and voluntarily authorizes the Board to deduct. Such deductions shall be made in compliance with Chapter 31 0, Public Laws of 1967, N.J.S.A. 52:14-15. 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 Brigantine Education Association by the fifteenth (15th) of each month following the monthly pay period in which deductions are made. The Association Treasurer shall disburse such monies to the appropriate association or associations. Employee authorizations shall be in writing.

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

    Additional authorization for dues deduction may be received after August 1 under rules established by the State Department of Education.

    The filing notice of an employee’s withdrawal shall be prior to December 1 and become effective to halt deductions as of January 1, next succeeding the date on which notice of withdrawal is filed.

    B. The Board agrees to deduct from employee’s salaries money for local, state, and/or national association’s services and programs as said employees individually and voluntarily authorize the Board to deduct and to transmit the monies promptly to the Brigantine Education Association. Any employee may have such deductions discontinued at any time upon sixty (60) days written notice to the Board and the appropriate association.


    C. Savings Plan

    Upon application of not less than ten percent (10%) of the employees, the Board of Education shall establish a savings plan through payroll deduction with an accredited institution as selected by the Brigantine Education Association. Once the plan has been instituted, new applications shall be accepted on a monthly basis.
    ARTICLE XXIV
    SENIORITY & JOB SECURITY
    (Support Staff Personnel)

    A. Seniority

    1. School District seniority is defined as service by appointed employees in the School District in the collective bargaining unit covered by this Agreement. An appointed employee shall lose all accumulated School District seniority only if he resigns or is discharge for cause, irrespective of whether he is subsequently rehired by the School District.

    2. In the event of work location reduction in force, including reductions caused by the discontinuance of a facility or its relocation, the employees shall be laid off in the reverse order of district wide seniority of all employees in the District in the category (Secretarial, Clerk/Typist, Instructional Aides, Custodial/ Maintenance, Attendance Officer/Data Processor), as long as job performance is equal as determined by the Board of Education. Any employee laid off shall remain on a recall roster for a period of two years from the date of layoff. Recalls shall be based on seniority in the category.

    3. In the event that within two years of an employee’s layoff, a vacancy occurs in the same line of work from which the employee was laid off, and covered by this Agreement, a laid off employee shall be entitled to a one time recall thereto in order of seniority.

    B. Job Security

    After completion of one year of consecutive employment, no employee shall be dismissed or be subject to a reduction in salary except for inefficiency, incapacity, conduct unbecoming an employee, or other just cause, following written notice of such reasons and a hearing before, and determination by, the Board of Education finding that such cause does, in fact, exist and is sufficient for such reduction in salary or dismissal. Should the employee not be satisfied by the determination of the Board, at his request, the matter shall be subject to the grievance procedure and arbitration in the same manner and to the same extent as is provided for arbitration or grievances by this Agreement.
    ARTICLE XXV
    BOARD’S RIGHTS

    The Board of Education 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 and direct employees covered by this Agreement or to take disciplinary action against said employees (up to and including discharge) for just cause, to manage school operations, and to take whatever actions may be necessary to accomplish the missions of the School District except as may be specifically provided by the language of this Agreement.

    ARTICLE XXVI
    NO-STRIKE PLEDGE

    A. It is recognized that the need for continued and uninterrupted operation of the School District is of paramount importance and that there should be no interference with such operation.

    B. The Association covenants and agrees that, during the term of this Agreement, neither the Association nor any person acting in its behalf will cause, authorize, or support, any strike (i.e., the concerted failure to report for duty, or willful absence in whole or in part from the proper performance of the employee’s duties of employment), work stoppage, slow-down, walk-out, or other job action. The Association agrees that such action would constitute a material breach of this Agreement.
    ARTICLE XXVII
    REPRESENTATION FEE

    A. Purpose of Fee

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

    B. Amount of Fee

    1. Notification - Prior to the beginning of each membership year, the Association will notify the Board in writing of the amount of the regular membership dues, initiation fees and assessments charged by the Association to its own members for that membership year. The representation fee to be paid by non-members will be determined by the Association in accordance with the law.

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

    C. Deduction and Transmission of Fee

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

    2. Payroll Deduction Schedule - The Board will deduct the representation fee in equal installments, as nearly as possible, from the paychecks paid to each employee on the aforesaid list during the remainder of the membership year in question. The deductions will begin with the first paycheck paid:

    a. Ten (10) days after receipt of the aforesaid list by the Board, or

    b. Thirty (30) days after the employee begins his employment in a bargaining unit position unless the employee previously served in a bargaining unit position and continued in the employ of the Board in a non-bargaining unit position or was on layoff, in which event the deductions will begin with the first paycheck paid ten (10) days after the resumption of the employee’s employment in a bargaining unit position, whichever is later.

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

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

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

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

    D. Indemnification and Save Harmless Provision

    1. Liability

    The Association agrees to indemnify and hold the Board harmless against any and all claims, demands, suits and other forms of liability which may arise by reason of any action taken by the Board in complying with the provisions of this Article, provided that the Board give the Association timely notice in writing of any claim, demand, suit, or other form of liability in regard to which it will seek to implement this paragraph.

    2. Exception

    It is expressly understood that Paragraph 1 above will not apply to any claim, demand, suit, or other form of liability which may arise as a result of any type of willful misconduct by the Board or the Board’s imperfect execution of the obligations imposed upon it by this Article.
    ARTICLE XXVIII
    TUITION REIMBURSEMENT

    A. Tuition Reimbursement

    1. Tuition Reimbursement will be paid for graduate study in the teacher’s field of certification or related fields upon approval of the Superintendent up to the Rowan University credit hour rate with a maximum of nine (9) credits per fiscal year.

    2. In the event that the per credit cost for a course taken exceeds the per credit cost of Rowan University, upon the prior approval of the Superintendent, the Board agrees to pay the entire cost of said course(s) up to a maximum total payment that would not exceed the cost of nine (9) credits based on the Rowan University rate.

    3. Graduate course credit in the Teachers’ Salary Schedules (attached) shall be for courses completed in a teacher’s field of teaching certification or related fields upon prior approval of the Superintendent.

    4. Instructional Aides will be reimbursed for course work related to achieving teacher certification or related educational fields upon approval of the Superintendent up to the Rowan University credit hour rate for a maximum of three (3) credits per fiscal year.

    ARTICLE XXIX
    MISCELLANEOUS PROVISIONS

    A. This Agreement constitutes Board and Association policy for the term of said Agreement, and both parties shall carry out the commitments contained herein.

    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 a member of the unit 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, shall be controlling.

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

    E. Copies of this Agreement shall be printed in booklet form at the expense of the Board within thirty (30) days after the Agreement is signed and presented to all employees now employed, hereafter employed, or considered for employment by the Board. The Board agrees to provide fifteen (15) extra copies to the printed Agreement to the Association.

    F. Whenever any notice is required to be given by either of the parties to this Agreement to the other pursuant to the provisions of this Agreement, either party shall do so by certified mail at the following addresses:

    1. If by the Association, to the Board at the Board of Education Office, to the Secretary.
      2. If by the Board, to the Association’s President’s school address, or home address during vacations.

    ARTICLE XXX
    DURATION OF AGREEMENT

    This Agreement shall be effective July 1, 2005, and shall continue in effect until June 30, 2008. This Agreement shall not be extended orally and it is expressly understood to expire on the date indicated.

    IN WITNESS WHEREOF, the parties hereto this 10th day of June 2005, thereto cause this Agreement to be signed by their respective Presidents, attested by their respective Secretaries, and their corporate seals to be placed hereon, all on the day and the year first above written.


    BRIGANTINE BOARD OF EDUCATION

    By: Matthew Doran ___________________________________________
    President

    Attest: Charles Brewin ____________________________________________
    Board Secretary/Business Administrator

    Date: __________________________________________________________

    BRIGANTINE EDUCATION ASSOCIATION

    By: Kevin Milhous _____________________________________________
    BEA President

    Attest: Leonard Long ______________________________________________
    BEA Negotiations Committee Member

    Date: __________________________________________________________


    Salary Schedule A-1

    Teachers 2005-2006

    2005-2006
    Step
    BA
    B+10
    (0.75%)
    B+20
    (1.50%)
    B+30
    (2.25%)
    MA
    (4.60%)
    M+10
    (5.73%)
    M+20
    (6.47%)
    M+30
    (7.22%)
    DOCT
    (10%)
    1
    $38,800 $39,091 $39,382 $39,673 $40,585 $41,023 $41,310 $41,601
    $42,680
    2
    39,000 39,293 39,585 39,878 40,794 41,235 41,523 41,816
    42,900
    3
    39,324 39,619 39,914 40,209 41,133 41,577 41,868 42,163
    43,256
    4
    39,672 39,969 40,267 40,564 41,497 41,945 42,238 42,536
    43,639
    5
    40,931 41,238 41,545 41,852 42,814 43,276 43,579 43,886
    45,024
    6
    42,339 42,656 42,974 43,291 44,286 44,765 45,078 45,396
    46,573
    7
    43,757 44,085 44,413 44,741 45,770 46,264 46,588 46,916
    48,133
    8
    45,182 45,521 45,860 46,199 47,261 47,771 48,105 48,444
    49,700
    9
    46,611 46,960 47,310 47,659 48,755 49,281 49,626 49,976
    51,272
    10
    48,035 48,395 48,775 49,116 50,244 50,787 51,143 51,503
    52,838
    11
    51,978 52,367 52,757 53,147 54,368 54,956 55,340 55,730
    57,175
    12
    57,105 57,533 57,961 58,389 59,731 60,377 60,799 61,227
    62,815
    13
    62,232 62,698 63,165 63,632 65,094 65,797 66,258 66,725
    68,455
    14
    67,359 67,864 68,369 68,874 70,457 71,218 71,717 72,222
    74,094
    In addition to above, the following longevity shall be paid to eligible teachers and included in their base salary.
    2005-2008
    Beginning the 11th school year
    3.0%
    Beginning the 21st school year
    7.5%
    Beginning the 25th school year
    9.0%
    Beginning the 30th school year
    10.5%
    Salary Schedule A-2
    Teachers 2006-2007

    2006-2007
    Step
    BA
    B+10
    (0.75%)
    B+20
    (1.50%)
    B+30
    (2.25%)
    MA
    (4.60%)
    M+10
    (5.73%)
    M+20
    (6.47%)
    M+30
    (7.22%)
    DOCT
    (10%)
    1
    $39,848 $40,147 $40,446 $40,745 $41,681 $42,132 $42,426 $42,725
    $43,833
    2
    40,048 40,349 40,649 40,949 41,890 42,343 42,639 42,940
    44,053
    3
    40,248 40,550 40,852 41,154 42,100 42,554 42,852 43,154
    44,273
    4
    40,604 40,909 41,213 41,518 42,472 42,931 43,231 43,536
    44,664
    5
    41,893 42,207 42,521 42,835 43,820 44,293 44,603 44,917
    46,082
    6
    43,334 43,659 43,984 44,309 45,327 45,817 46,137 46,462
    47,667
    7
    44,785 45,121 45,457 45,793 46,845 47,351 47,683 48,019
    49,264
    8
    46,244 46,591 46,938 47,284 48,371 48,894 49,236 49,583
    50,868
    9
    47,706 48,064 48,422 48,779 49,900 50,439 50,793 51,150
    52,477
    10
    49,164 49,532 49,901 50,270 51,425 51,981 52,345 52,713
    54,080
    11
    53,199 53,598 53,997 54,396 55,646 56,247 56,641 57,040
    58,519
    12
    58,446 58,885 59,323 59,762 61,135 61,795 62,228 62,666
    64,291
    13
    63,694 64,172 64,649 65,127 66,624 67,344 67,815 68,293
    70,063
    14
    68,941 69,458 69,976 70,493 72,113 72,892 73,402 73,919
    75,836
    In addition to above, the following longevity shall be paid to eligible teachers and included in their base salary.
    2006-2007
    Beginning the 11th school year
    3.0%
    Beginning the 21st school year
    7.5%
    Beginning the 25th school year
    9.0%
    Beginning the 30th school year
    10.5%
    Salary Schedule A-3
    Teachers 2007-2008

    2007-2008
    Step
    BA
    B+10
    (0.75%)
    B+20
    (1.50%)
    B+30
    (2.25%)
    MA
    (4.60%)
    M+10
    (5.73%)
    M+20
    (6.47%)
    M+30
    (7.22%)
    DOCT
    (10%)
    1
    $41,048 $41,355 $41,663 $41,971 $42,936 $43,400 $43,703 $44,011
    $45,152
    2
    41,248 41,557 41,866 42,176 43,145 43,611 43,916 44,226
    45,372
    3
    41,448 41,758 42,069 42,380 43,354 43,822 44,129 44,440
    45,592
    4
    41,648 41,960 42,272 42,585 43,563 44,034 44,342 44,654
    45,812
    5
    42,969 43,292 43,614 43,936 44,946 45,432 45,750 46,072
    47,266
    6
    44,447 44,781 45,114 45,447 46,492 46,994 47,323 47,657
    48,892
    7
    45,936 46,281 46,625 46,970 48,049 48,568 48,908 49,253
    50,530
    8
    47,432 47,788 48,144 48,500 49,614 50,150 50,501 50,857
    52,176
    9
    48,932 49,299 49,666 50,033 51,183 51,736 52,098 52,485
    53,825
    10
    50,427 50,805 51,184 51,562 52,747 53,317 53,690 54,068
    55,470
    11
    54,566 54,975 55,385 55,794 57,076 57,693 58,097 58,506
    60,023
    12
    59,949 60,398 60,848 61,297 62,706 63,384 63,827 64,277
    65,943
    13
    65,331 65,821 66,311 66,801 68,336 69,074 69,558 70,048
    71,864
    14
    70,713 71,244 71,774 72,304 73,966 74,765 75,288 75,819
    77,785
    In addition to above, the following longevity shall be paid to eligible teachers and included in their base salary.
    2007-2008
    Beginning the 11th school year
    3.0%
    Beginning the 21st school year
    7.5%
    Beginning the 25th school year
    9.0%
    Beginning the 30th school year
    10.5%
    Salary Schedule B

    Secretaries/Clerk Typists
    SECRETARY
    2005-20062006-20072007-2008
    Level
    1$28.515.00$29,370.00$30,310.00
    2$28,857.00$29,722.00$30,674.00
    3$29,196.00$30,071.00$31,034.00
    4$29,536.00$30,422.00$31,395.00
    5$31,318.00$32,257.00$33,289.00
    6$33,099.00$34,091.00$35,182.00
    7$34,880.00$35,926.00$37,075.00
    8$40,536.00$41,751.00$43,087.00
    Longevity Beginning
    15th Year2005-20062006-20072007-2008
    3.0%3.0%3.0%

    CLERK/ TYPIST
    Level2005-20062006-20072007-2008
    1$16,746.00$17,359.00$18,094.00
    2$16,946.00$17.559.00$18,294.00
    3$17,450.00$17,759.00$18,494.00
    4$18,213.00$18,535.00$18,694.00
    5$18,573.00$18,902.00$19,064.00
    6$20,450.00$20,812.00$20,991.00
    7$21,575.00$21,957.00$22,146.00
    8$26,857.00$27,332.00$27,567.00
    Longevity Beginning
    15th Year2005-20062006-20072007-2008
    3.0%3.0%3.0%

    Any employee assigned the position of Clerk typist/Security Monitor shall receive additional yearly compensation to be included in the employee’s base salary as follows:
    2005-2006 $1500.00
    2006-2007 $1500.00
    2007-2008 $1500.00


    Salary Schedule C

    ATTENDANCE OFFICER/DATA PROCESSOR
    2005-20062006-20072007-2008
    $40,825.00$42,009.00$43.270.00


    SALARY SCHEDULE D
    INSTRUCTIONAL AIDES*

    2005-2006 2006-2007 2007-2008
        0-5 $17.25 $17.93 $18.63
        6-15 $18.33 $19.05 $19.80
        Over 15 $22.56 $23.45 $24.37
    Longevity 3.0% 3.0% 3.0%
    Beginning
    25th year

    *Salaries for Instructional Aides shall be calculated on a yearly salary (number of days x number of hours x hourly rate), which will be determined by the workday, and work year as specified in this Agreement.
    Salary Schedule E
    CUSTODIAN
    2005-20062006-20072007-2008
    Level
    1$18,990.00$19,222.00$19,779.00
    2$19,591.00$19,830.00$20,405.00
    3$20,896.00$21,151.00$21,765.00
    4$21,772.00$21,772.00$22,403.00
    5$22,661.00$22,937.00$23,602.00
    6$23,439.00$23,725.00$24,413.00
    7$24,353.00$24,650.00$25,365.00
    8$25,566.00$25,878.00$26,629.00
    9$26,457.00$26,780.00$27,556.00
    10$27,338.00$27,671.00$28,474.00
    11$29,264.00$29,621.00$30,480.00
    12$33,961.00$34,361.00$34,965.00



    Longevity Beginning 14th Year:

    2005-2006 2006-2007 2007-2008

    3.0% 3.0% 3.0%

    HEAD CUSTODIAN MAINTENANCE

    Any employee accepting the position of Head Custodian/maintenance shall receive additional yearly compensation to be included in the employee’s base salary as follows:
        2005-2006 2006-2007 2007-2008

        $4,196.00 $4,402.00 $4,617.00

    SALARY SCHEDULE F
    EXTRACURRICULAR ACTIVITIES AND SALARIES
    Activity
    2005-2006
    2006-2007
    2007-2008
    Chairperson of Child Study Team
    $6,944.00
    $7,277.00
    $7,626.00
    Coaching Stipend
    $2,316.00
    $2,427.00
    $2,544.00
    Computer Club
    $1,964.00
    $2,058.00
    $2,157.00
    Eighth Grade Advisor
    $1,850.00
    $1,939.00
    $2,032.00
    Audio-Visual
    $1,795.00
    $1,881.00
    $1,971.00
    Activities/Clubs
    $1,620.00
    $1,698.00
    $1,780.00
    Intramurals
    $1,620.00
    $1,698.00
    $1,780.00
    Disciplinarian
    $6,944.00
    $7,277.00
    $7,626.00
    Game Chaperone
    $85.20
    $89.29
    $93.58
    Dance Chaperone
    $85.20
    $89.29
    $93.58
    Concert Chaperone
    $85.20
    $89.29
    $93.58
    Night Time Activities Chaperone
    $85.20
    $89.29
    $93.58



    *Student Council Advisor. (after school activities not to exceed four (4) per school year)

    *Eighth Grade Advisor. (after school activities not to exceed; class trip; graduation/graduation dance; maximum of four (4) additional after school activities)





    BRIGANTINE EDUCATION ASSOCIATION OFFICERS 2004-2005

    Kevin Milhous - President
    Christine Ortolf – Vice President
    Leonard Long - 2nd Vice President
    Robin McLaughlin - Secretary
    Karen Antunes - Treasurer

    BRIGANTINE EDUCATION ASSOCIATION NEGOTIATING COMMITTEE

    Kevin Milhous – Chairperson
    Leonard Long
    Nathan Goldinher
    Lynn Sparks
    Kristen Barron-Geubtner
    Kathleen Fox
    Karen Antunes
    Richard Beck
    Christine Ortolf
    Maryanne Shupin

    BRIGANTINE BOARD OF EDUCATION

      Matthew Doran - President
      Helen Coffman - Vice-President
      Bernard DeLury, Esq.
      Eleanor Derrickson
      Herman Laing
      Michelle Maguire, Esq.
      David Pepper
      Charles Brewin - Board Secretary/Business Administrator
      Robert Previti, Ed.D. - Superintendent



      Certification


      I declare to the best of my knowledge and belief that the attached document is a true electronic copy of the executed collective negotiations agreement.


      Charles Brewin
      Business Administrator/Board Secretary


    Brigantine BE and Brigantine EA 2005.pdf