DEPTFORD TOWNSHIP BOARD OF EDUCATION
DEPTFORD TOWNSHIP CAFETERIA ASSOCIATION
JULY 1, 2005 - JUNE 30, 2008
TABLE OF CONTENTS
Article I - Recognition................................................Page 1
Article II - Negotiation Procedure.....................................Page 2
Article III - Grievance Procedure......................................Page 3
Article IV – Rights....................................................Page 7
Article V - Privileges.................................................Page 8
Article VI - Work Calendar-Length of Day-Week-year.....................Page 9
Article VII - Seniority................................................Page 10
Article VII-A - Employment.............................................Page 11
Article VII-B - Employment - Special Assignment....................... Page 12
Article VIII - Assignments, Transfers and Reassignments................Page 13
Article IX - Employee Evaluation.......................................Page 15
Article X - Sick Leave.................................................Page 16
Article XI - Personal Leave............................................Page 19
Article XII - Maternity Leave..........................................Page 21
Article XIII - Insurance Protection....................................Page 22
Article XIV - Work Related Educational Programs........................Page 24
Article XV - Liaison...................................................Page 25
Article XVI - Protection of Employees..................................Page 26
Article XVII - Personal Freedom........................................Page 27
Article XVIII - Deduction from Salary................................Page 28
Article XIX - Uniforms...............................................Page 29
Article XX - Gas Mileage Reimbursement...............................Page 30
Article XXI - Miscellaneous Provisions...............................Page 31
Article XXII - Agreement.............................................Page 33
A. The Deptford Township Board of Education, Deptford Township,
Gloucester County, hereafter known as the Board, hereby recognizes the Deptford
Cafeteria Association, hereafter known as the Association, as the exclusive
representative for collective negotiation concerning the terms and conditions of
employment for personnel under contract and employed by the Board of Education
and so assigned as cafeteria employees exclusive of cafeteria managers.
B. The Association hereby recognizes the Board as the legal authority
elected as representatives of the people and further recognizes the
responsibilities of the Board and the Superintendent for the conduct and
operation of the school district in compliance with New Jersey Statutes Title
A. Consistent with Chapter 123 of the Public Laws of 1974, the Board shall not affect any change in policy concerning terms and conditions of employment except those so negotiated and included as part of this Agreement and contained herein.
B. The Board agrees to furnish the Association upon reasonable request, such information as will assist the Association in developing intelligent, feasible and constructive proposals in behalf of the employee, students and school system. This information may include a complete and accurate financial report and tentative budget for the next school year.
C. The Association agrees to furnish the Board and Superintendent upon
reasonable request, research information and data, gathered by the Association, that will assist the Board and the Superintendent in the development of sound educational programs.
D. During the term of this Agreement neither party shall be required to
negotiate with respect to any matter whether or not covered by this Agreement
and whether or not within the knowledge or contemplation of either or both of
the parties at the time they negotiated or executed this Agreement.
E. 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.
1. Grievance is defined as an alleged violation, misinterpretation, or misapplication of this Agreement.
2. Aggrieved is defined as the employee making the complaint. 3. Days means school attendance days.
B. Time Limits
A grievance shall be processed within the specified time limits. Time limits may be extended by mutual agreement. Any grievance not advanced from one step to the next within the time limits of that step shall be considered dropped.
C. Record Keeping
Documents, communications and records dealing with the processing of a grievance shall be filed in a separate grievance file and shall not be kept in the personnel file of any of the participants.
The aggrieved may be represented at all stages of the grievance procedure by himself or at his option by a representative. When the aggrieved is not represented by the Association, the Association shall have the right to be present as observer. All meetings and hearings under this procedure shall not be conducted in public and shall include only such parties in interest and their representatives and counsel.
Level I - Step A. Informal
Within ten (10) school days of the time a grievance occurs, the aggrieved shall first discuss this grievance with his food supervisor directly with the objective of resolving the matter informally.
Step B - If the aggrieved person is not satisfied with the disposition of his grievance after informal discussion or if no decision has been rendered within five (5) school days after presentation of the grievance, he/she may file the grievance with his/her food supervisor within ten (10) school days of receipt of the supervisor's answer. The grievance shall be stated in writing and signed by the aggrieved.
The "Statement of Grievance" shall name the individual employee or employees involved, shall state the facts giving rise to the grievance, shall identify the alleged infraction of this Agreement, shall state the contention of the employee with respect to the alleged infraction and shall indicate the specific relief sought.
If the aggrieved is not satisfied with the disposition of his/her grievance at Level I or if no decision has been rendered within five (5) school days after presentation of the grievance, he may within ten (10) school days of the supervisor's answer file the grievance in writing with the Superintendent of Schools. At the same time a copy of the grievance shall be given to the supervisor involved. The Superintendent or his designee shall give the aggrieved an answer in writing no later than ten (10) school days after receipt of written grievance. The decision may be announced to the parties concerned.
If the aggrieved is not satisfied with the disposition of his/her grievance at Level II, or if no decision has been rendered within ten (10) school days after presentation of the grievance to the Superintendent, the aggrieved person may within ten (10) school days file the grievance in writing with the Board of Education. The aggrieved person shall be granted a hearing with the Board of Education within ten (10) school days of the receipt of the written grievance. The Board shall give the aggrieved person an answer in
writing within five (5) school days of the date of the hearing.
In the event that the grievance shall not have been disposed of at Level III the aggrieved may within thirty (30) school days after the Board's decision refer the unsettled grievance to advisory arbitration (non-binding).
F. Advisory Arbitration (non-binding)
The Advisory Arbitrator (non-binding) shall be selected within thirty (30) days following the request of either party to the other, under the rules and procedures of the American Arbitration Association.
The Advisory Arbitrator (non-binding) shall be limited solely to making recommendations in cases of alleged violations of the specific article and sections of this Agreement.
The Advisory Arbitrator (non-binding) shall have the authority to confer separately or jointly with the Board, Superintendent, and the Association or to use any other source of information.
The Advisory Arbitrator (non-binding) shall make recommendations for
resolution within thirty (30) days. The recommendations shall be submitted to
both parties, the Board and the Association. The Board shall render its decision prior to the Advisory Arbitrator's (non-binding) recommendations being made public by either party.
The Advisory Arbitrator's (non-binding) recommendations after twenty
(20) days may be made public by either party, the Board or the Association.
The costs and expenses incurred in securing and utilizing the services of the Advisory Arbitrator (non-binding) shall be the shared responsibility of the parties engaging his services.
H. No reprisals shall be taken against any participants by reason of
I. The following matters shall not be arbitrable:
1. The failure or refusal of the Board to renew a contract.
2. Matters where a method of review is prescribed by law or by any rule, regulation of the State, Commissioner of Education or the State Board of Education.
3. Matters where the Board is without authority to act.
4. Matters involving the statutory or discretionary powers of the
A. Nothing contained herein shall be construed to deny or restrict to any employee such rights as he/she may have under New Jersey School law.
B. No employee shall be disciplined without just cause. All employees
disciplinary matters shall be subject to the contractual grievance procedure through the Board's level. The decision of the Board shall be final.
C. Nothing contained herein shall be construed to deny the Board of
Superintendent their rights at any time to call a meeting of the supporting staff to present its position in any matter that in its judgment may affect the educational program.
D. The Board reserves to itself sole jurisdiction and authority over matters of policy and retains the right, subject only to the limitations imposed by the language of this Agreement, in accordance with applicable laws and regulations (a) to direct employees of the school district, (b) to hire, promote, transfer, assign and retain employees in positions in the school district, and for just cause, to suspend, to demote, discharge, or take other disciplinary action against employees, (c) to relieve employees from dutybecause of lack of work or for other legitimate reasons, (d) to maintain the efficiency of the school district operations entrusted to them, (e) to determine the methods, means and personnel by which such operations are to be conducted and (f) to take whatever actions may be necessary to carry out the mission of the school district in situations of emergency.
A. The Association or its named representatives shall be privileged to transact official union business on property at reasonable times, provided that this shall not interfere with or interrupt any individual assignment or the normal operation of the school.
B. The Association or its named representatives shall be privileged to process school building use applications for unit activities.
C. Representatives of the Association and/or N.J.E.A. must, on coming upon the Board's premises, notify the Superintendent and advice of the purpose of the visit. No visitation shall interfere with or interrupt normal school operations.
D. In the event that the Association wishes to use school buildings, requests therefore shall be submitted to the Superintendent forty-eight (48) hours in advance. The request shall not be granted for meetings which are for the purpose of discussing or planning action which would be adverse to the interests of the Board.
E. The Association may request the use of school equipment, including
typewriters, calculating machines, mimeographing machines, other duplicating
equipment, and all types of audio-visual equipment at reasonable times, 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 well as the cost of any repairs made necessary from such use. Such use may not be for the purpose of preparing materials adverse to the interests of the Board.
F. The Association shall have the right to use the inter-school mail facilities and school mail boxes.
WORK CALENDAR - LENGTH OF DAY - WEEK - YEAR
A. The work calendar shall be as set forth by the Board of Education.
B. The work day shall be the prescribed hours.
1. Elementary School Hours -
The hours for Central Early Childhood Center shall be 5 ¾
hours. The hours for each of the other elementary schools shall be 5 hours.
NOTE: These hours will be in effect as long as a breakfast program is in effect.
2. The supervisor will review the work schedule in each school to
determine if additional time is needed.
C. Work performed in excess of forty (40) hours per week shall be paid at one and one-half (1-1/2) times the employee's regular straight-time rate.
1. In the event that an employee is called back to work after having been released for the day, she shall be paid a minimum of two (2) hours' pay at her regular straight-time rate if less than forty (40) hours at one and one-half (1-1/2) times her regular straight-time if over forty (40) hours.
D. Work Week - The work week shall consist of five (5) working days,
Monday through Friday inclusive, when so assigned.
E. Work Year - The work days within the work year shall coincide with the student calendar and/or a minimum of 185 days.
A. In the event of a vacancy in the bargaining unit, it shall be posted and interested employees may apply. The Board shall review said applications and will give consideration thereto in filling said vacancy. Qualifications and work performance shall be the prevailing factors.
B. Qualifications and work performance shall prevail in the selection of regular assignments within the assigned buildings, provided the employee has the requisite ability to perform the work.
C. For purposes of reduction in force and recall, 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 or she:
1. Resigns or is discharged for cause, irrespective of whether he is subsequently rehired by the school district.
D. The principles set forth in N.J.S.A. 18A:28-9 through 11 shall govern reduction in force.
E. In the event of reduction in force, the employees shall retain recall rights for a period not exceeding two (2) years from the date of last employment with the school district.
A. The Board of Education reserves to itself the employment of all cafeteria workers upon recommendation of the Superintendent of Schools.
B. Cafeteria job vacancies shall be posted. The Superintendent or his/her representative shall notify the President of the Union of all vacancies for posting in each working area.
C. All applicants who shall come within this Agreement shall have equal
opportunity to qualify for any assignment within the scope of this Agreement. In
assigning employees to jobs within the Agreement, the employer shall have the right to select the best qualified. Length of service shall be the factor in selection among equally qualifying individuals.
Effective July 1, 2005, the hourly wage for new cafeteria workers
shall be as follows:
2005-2006 2006-2007 2007-2008
(64¢) (67¢) (71¢)
Tier 3 $16.13 $16.80 $17.51
Tier 2 $12.13 $12.80 $13.51
Tier 1 $11.08 $11.75 $12.46
Cooks $17.51 $18.18 $18.89
EMPLOYMENT - SPECIAL ASSIGNMENT
A. Banquet Service
Special assignment for each type of banquet shall be made on a rotating basis of the seniority list within the following classifications after the posting of each banquet. Forty-eight (48) hours notice shall be given to Union representative pertaining to special assignments.
Cook B. Salary Guide – Other Than School District Activities
2005-2006 2006-2007 2007-2008
Tier 3 $16.33 $17.00 $17.71
Tier 2 $12.33 $13.00 $13.71
Tier 1 $11.28 $11.95 $12.66
Cooks $17.71 $18.38 $19.09
C. Salary Guide - School District Activities:
Regular Hourly Rates - Article VII-A
D. All workers working special assignments shall be given one free meal to be determined by the manager.
A. Transfer of personnel shall take place at the request of the employee or by the chief administrator when it is in the best interest of the children and the school system.
ASSIGNMENTS, TRANSFERS AND REASSIGNMENTS
B. Employee Initiated Transfer - The employee shall submit his/her request for transfer to the Superintendent of Schools in writing by February 28th. This request shall include the placement desired and the reasons for the request.
The Superintendent of Schools shall notify the principals and supervisors concerned with the transfer and they in turn shall interview the employee initiating the request.
After consulting with principals and supervisors concerned, the Superintendent shall notify the employee concerning the decision made.
C. Administration Initiated Transfers - After consultation with the principals and supervisors concerned, the Superintendent shall notify the employee whose transfer is pending. The employee shall be provided the opportunity of discussing the pending transfer and any objections shall be duly considered.
After the completion of the consultation, the Superintendent shall notify the employee as to the decision of the transfer.
D. Fair Employment Procedures -
1. Employees shall not be reduced in compensation without just
2. Non-renewal of non-tenured employees shall not be subject to the grievance procedure and the Board retains all rights in regard thereto. Such
an employee may request reasons in writing for the non-renewal within fifteen (15) days after receiving notice thereof. The reasons shall be supplied within fifteen (15) days after request. Within fifteen (15) days after receipt of the reasons, the employee may request an informal hearing before the Board concerning said reasons. Said hearing to be held within thirty (30) days after receipt of the request therefore.
A. Principals and supervisors shall keep employees informed as to whether or not the kind of service they are rendering is satisfactory in terms of the standards of the school district. Written evaluation reports are to be sent to the employees by the supervisors with copies forwarded to the Superintendent.
B. Evaluation reports should include strengths, weaknesses, and specific suggestions for improvement.
C. Written evaluation shall be given to the employee for his/her signature and comments prior to submission of the reports to the Superintendent.
A. Definition of Sick Leave - Sick leave is hereby defined to mean the
absence from duty of any person because of physical disability, illness or
injury, or quarantine or exclusion from work by medical authorities.
B. Sick Leave Allowable - All persons who are steadily employed full time by the Board of Education shall be allowed sick leave with full pay as follows:
10 month term - 10 days
11 month term - 11 days
12 month term - 12 days
C. Accumulated Sick Leave - Allowable sick leave not utilized in any year shall be cumulative to be used for additional sick leave in subsequent years.
D. An employee's unused sick leave at the time of retirement under the
teachers' pension program shall be sold back to the Board at the following rates
providing the retiring employee has at least fifteen (15) years of service in the Deptford School District:
2005-2006 $32 per day
2006-2007 $35 per day
2007-2008 $38 per day
Notice of retirement shall be given by the employee to the Board by
October 1st in the school year in which he/she shall retire. Payment shall be in the month of July following retirement.
Failure of an employee to notify the Board of his/her retirement by
October 1st aforesaid will delay payment to him/her until the month of July following the July in which he/she otherwise would have received payment.
E. In the event that an employee has exhausted all of his/her sick leave days, the Superintendent may allow unused personal days to be used as sick leave days.
F. Workers' Compensation - Workers' compensation awards shall be
deducted from the regular salary of the employee for the days absence covered under the Workers' Compensation Act. The time lost from employment under the Workers' Compensation Act shall not be deducted from the days permitted for regular sick leave allowance.
G. Upon the death of an employee, sick days shall be paid to the designated beneficiary.
H. Special Pay Plan
The Deptford Township Board of Education hereby extends a “Special Pay Plan” (403B plan) for retirement to eligible members of this contract subject to the following terms and conditions:
1. Plan Requirements: At retirement, as per Article X, Section D of the contract, all eligible members of this contract may deposit unused accumulated sick days (as per the approved rate) into an employee account in an Internal Revenue Service (IRS) approved 403B plan. The employee will then determine how the money is to be distributed.
It is a requirement of the plan that all eligible members of this contract participate in the plan.
2. Plan Administrator: The plan will be processed through a third party administrator via a “Special Pay Plan” (403B plan) approved by the IRS.
3. Accumulated Unused Sick Days: Eligible members of this contract who have fifteen (15) or more years in the district may deposit accumulated unused sick days into the Special Pay Plan (403B plan) at the following rates:
2005-2006 - $32 per day
2006-2007 - $35 per day
2007-2008 - $38 per day
A. The Board of Education shall grant upon recommendation of the
Superintendent of Schools leave per school year (not to be accumulated) to any regularly employed person for the following emergencies or conditions.
1. Death in immediate family - up to five (5) days (immediate family - mother, father, mother-in-law, father-in-law, children, husband, wife, brother, sister, or any relative who has lived within the same household for a period of over two (2) years). Additional emergencies will be judged by the Superintendent by request if the total of five (5) days for bereavement has been used.
a. All employees covered under this Agreement shall be eligible for two (2) days bereavement leave for the death of a grandparent.
2. Personal Business - Up to three (3) days (personal business -
personal business that cannot be conducted outside the normal work day).
a. An employee requesting a personal day shall be required to state the reason in order that a determination can be made whether or not the reason constitutes business that cannot be conducted outside the normal work day. Proof may be required.
b. Unused personal days shall be accumulated as sick days.
NOTE: Employees shall not be granted personal leave days on a day immediately before or after a holiday, vacation period or during the first or last week of the school year.
3. The Superintendent of Schools may grant additional personal leave without pay.
4. Paternity Leave - one (1) day - Birth of a child.
5. Visitation Leave - One (1) day per year may be granted by the
Superintendent of Schools to any personnel, for school visitation and observation in other school systems. In each case a written report shall be submitted to the principal who will forward it to the Superintendent. Arrangements for such visitation shall be made by the building principal, with the approval of the Superintendent.
A. Maternity leave shall be as prescribed by law.
A. The Board of Education shall adopt a health insurance plan providing the following:
Blue Cross/Blue Shield Select Plan and Blue Cross Direct Access Plan.
Blue Cross Prescription Plan shall be ten dollars ($10) co-pay for generic drugs, twenty dollars ($20) co-pay for preferred brand, and thirty dollars ($30) co-pay for non-preferred brand drugs.
B. Any employee hired on or after July 1, 1984, for a permanent position of more than twenty (20) hours per week shall be eligible for insurance coverage under this Agreement. Employees with less than twenty (20) hours per week are ineligible for health coverage.
C. Effective July 1, 1993, all newly hired employees working twenty (20) or more hours per week shall be eligible to receive individual health coverage on the day after the first anniversary date of employment.
D. Each employee shall contribute a sum by payroll deduction equal to 3.2%.
E. All employees hired on or after July 1, 2002, shall be ineligible for health care coverage, but may purchase, at their own expense, single coverage in the Direct Access Plan provided there are at least six (6) employees that enroll.
F. Employees who are currently receiving individual health coverage may, at their own expense, purchase family coverage. The employee will pay to the Board of Education the difference between the family coverage rate and the individual rate.
WORK RELATED EDUCATIONAL PROGRAMS
A. The Board agrees to pay one hundred and fifty ($150.00) dollars
maximum per year toward tuition and other expenses incurred in connection with course work taken in a recognized program with prior approval of the Superintendent of Schools.
B. Verification of expenses and tuition shall be submitted with a voucher for payment.
A. The Association representative may meet with the Superintendent
at least once every calendar quarter during the school year to review and discuss current problems and practices of mutual interest and the administration of this Agreement. Neither the Superintendent nor the Board shall be required to engage in collective negotiations during these meetings.
PROTECTION OF EMPLOYEES
A. Employees shall not be required to work under unsafe or hazardous
conditions or to perform tasks which endanger their health, safety or well-being. However, the Board or the Board's designee shall solely determine whether or not an unsafe or hazardous condition or task which endangers health exists.
B. An employee may use reasonable force as is necessary to protect himself 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 the control of a pupil in the absence of a certified person.
C. If an employee is out of work due to an occupational accident or disease for less than seven (7) days, the Board shall pay the employee's salary without charging the time to sick leave.
1. The Board reserves the right to delay payment pending
investigation and required medical examinations.
2. The employee shall fully cooperate in processing of the claim
through workers' compensation.
A. The personal life of an employee is not an appropriate concern or attention of the Board except as it may directly prevent the employee from performing properly his assigned functions during the work day.
B. Employees shall be entitled to full rights of citizenship, and no religious or political activities of any employee or the lack thereof shall be grounds for any discipline or discrimination with respect to the employment of such employee providing said activities do not violate any local, state or federal law.
DEDUCTION FROM SALARY
A. Association Payroll Dues Deduction
1. The Board agrees to deduct from the salaries of its employees dues for the Deptford Cafeteria Association, the New Jersey Education or the National Education Association or anyone or any combination of such Associations as said employees individually and voluntarily authorize the Board to deduct. Such deductions shall be made in compliance with Chapter 233 N.J. Public Laws of 1969 (NJSA 52:14-15.9e) and under rules established by the State Department of Education. Said monies together with current records of any person as may from time to time be designated by the Deptford Cafeteria Association by the 15th of each month following the monthly pay period in which deductions were made. The person designated shall disburse such monies to the appropriate association or associations.
2. 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.
B. Local, State and National Services
The Board agrees to deduct from employees' salaries money for local, state and/or national association services and programs as said employees individually and voluntarily authorize the Board to deduct and to transmit the monies promptly to such association or associations. Any employee may have such deductions discontinued at any time upon sixty (60) days' written notice to the Board and the appropriate association.
A. Cafeteria workers will be provided with $125.00 per year per employee for the purchase of uniforms. The employees are responsible for their own laundering and care of the clothing. It will be required that the school-supplied clothing be worn every workday.
GAS MILEAGE REIMBURSEMENT
A. Reimbursement for gas mileage shall be at the rate established by the Board of Education for full-time employees for intra-district travel between work locations.
A. The Board will be informed only through the Superintendent in any matter requiring its decision. Any employee or employee group should communicate through the proper channels of authority. When the matter requires Board action it shall be directed through proper channels to the Board of Education.
B. It is agreed by both parties that the negotiations will be conducted without use of pressure tactics. The parties also agree, during the period of negotiations, that the only publicity accorded the negotiations by the parties will consist of a joint press release or, in the event the parties are unable to agree upon wording, a joint press release stating that "no progress has been made".
C. If any provisions 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 affect.
D. Any individual contract between the Board and an individual employee, 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, this Agreement, during its duration, shall be controlled.
E. It is understood by all parties that under the ruling of the Courts of New Jersey and the State Commissioner of Education, the Board of Education is
forbidden to waive any rights, responsibilities, obligations or powers granted it by law.
F. There shall be no discrimination in practices and procedures of the school system policies in hiring, training, assignments, promotions, transfer or discipline of employees on basis of race, creed, color, religion, national origin, sex, domicile, marital status, or any Association activities.
G. Whenever any notice is required to be given by either party of this
Agreement to the other, pursuant to the provisions of this Agreement, either party shall do so in writing with signed receipt of delivery, at the following addresses:
1. If by the Association to the Board:
2022 Good Intent Road
Deptford, NJ 08096
2. If by the Board to the Association:
The school building where the President
of the Association is assigned.
H. There shall be no strikes, work stoppages or any other concerted activity designed to deprive the Employer of the services of the employees.
It is agreed between the Board of Education of Deptford Township in the County of Gloucester, party of the first part, and the Deptford Cafeteria Association, party of the second part, that the content of this Agreement shall be effective from July 1, 2005 to June 30, 2008.
Resolution of adoption by the Board of Education at the regular meeting of
April 12, 2005.
IN WITNESS WHEREOF the parties have hereunto set their hands and seals.
DEPTFORD TOWNSHIP BOARD OF EDUCATION
For the Board of Education:
DEPTFORD CAFETERIA ASSOCIATION
For the Cafeteria Association: