ARTICLE I: RECOGNITION
A. Unit Membership
In accordance with NJSA 34:13A-1 et seq., the Board hereby recognizes the Association as the exclusive and sole representative for collective negotiation concerning the terms and conditions of employment for all:
Principals, Vice Principals and Directors
whether under contract, on leave, on a per diem basis, employed by the Board.
Unless otherwise indicated, the term "administrator" when used hereinafter in this Agreement, shall refer to all professional employees represented by the Association in the negotiating unit as above defined.
ARTICLE II: NEGOTIATION PROCEDURE
A. The parties agree to enter into collective negotiations over a successor agreement. Negotiations shall begin no later than December 1st preceding the expiration of this Agreement.
B. Maintaining Current Benefits
Except as this Agreement shall hereinafter otherwise provide, all benefits applicable on the effective date of this Agreement shall continue to be so applicable during the term of this Agreement.
1. Understanding of Parties
This Agreement incorporates the entire understanding of the parties on all matters, which were or could 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 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.
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
The term "grievance" means a complaint or claim that there has been an improper application, interpretation or violation of any term or provision of this contract or administrative decision affecting a member or group of members.
1. A grievance may be filed by an individual member, a group of members, or by the Association, either in its own name or as the representative of a group or class whose individual signatures shall not be necessary. Any grievance must be lodged at the proper initiating level within fifteen (15) calendar days of the knowledge of the event.
2. Nothing contained in this procedure shall prevent any member of the bargaining unit from discussing any complaint with any member of the administration in an attempt to have the complaint resolved informally provided the resolution of the complaint does not conflict with the terms of the Agreement.
3. Level One – Superintendent
The grievant, who shall have the right to have a representative present, shall meet with the Superintendent and present the grievance in writing specifying:
A. The nature of the grievance;
B. The nature and extent of the injury, loss or inconvenience; and the specific sections of this Agreement alleged to have been violated;
C. The relief sought.
The Superintendent shall respond in writing within seven (7) calendar days of the meeting.
4. Level Two - Board of Education
If the aggrieved is dissatisfied with the decision at the Superintendent's Level, the aggrieved may request, within seven (7) workdays of receipt of the Superintendent's decision, that the Board schedule an Executive Session at the next Board meeting to hear the grievance. The grievant and his representative shall present the grievance, as specified above, to the Board. The Board shall have thirty (30) calendar days from the date of the executive Session to render its decision.
5. Level Three – Arbitration
If both the aggrieved and the Association are dissatisfied with the decision at the Board Level, the Association may, within ten (10) workdays of receipt of the Board's decision, submit the grievance to the American Arbitration Association for adjudication. The parties shall then be bound by the rules and procedures of the A.A.A.
The arbitrator shall be without power to modify, add to, delete from, or alter the provisions of this Agreement. The arbitrator's jurisdiction shall be limited to issues involving the violation, misinterpretation, or misapplication of a specific section or sections of this Agreement or administrative decision affecting a member or group of members. The arbitrator's decision shall be binding.
The unsuccessful party shall pay the arbitrator's fee and expenses. Determination of which party is unsuccessful shall be at the sole discretion of the arbitrator.
6. Right to Representation
Rights of administrators to representation shall be as follows:
Any grievant may be represented at all stages of the grievance procedure by himself, or, at his option, by (a) representative(s) and/or an attorney selected and approved by the Association.
When a grievant is not represented by the Association in the processing of a grievance, the Association shall, at the time of submission of the grievance to the Superintendent
or at any later level, be notified that the grievance is in process, and have the right to be present and present its position in writing at all hearing sessions held concerning the grievance and shall receive a copy of all decisions rendered.
The Board and the Association shall not engage in any conduct that would deprive the individual of his or her freedom from restraint, interference, coercion, discrimination, or reprisal in presenting his appeal with respect to his/her personal grievances.
7. Separate Grievance File
No documents, communications, or other records dealing with the processing of a grievance shall be kept in the personnel file of any of the participants.
8. Meetings and Hearing
No meeting or hearing conducted under this procedure shall be public. The only parties in attendance shall be the parties in interest and the designated or selected representatives contemplated in this article.
ARTICLE IV: ADMINISTRATOR RIGHTS
A. Rights and Protection in Representation
Pursuant to NJSA 34:13A-1 et seq., the Board hereby agrees that every employee of the Board, who is eligible for unit membership, shall have the right freely to organize, join, and support the Association for the purpose of engaging in collective negotiations and other concerted activities for mutual aid and protection. The Board agrees that it shall not discriminate against any administrator with respect to hours, wages, or any terms or conditions of employment by reason of his/her membership in the Association, his/her participation in any activities of the Association within the Code of Ethics for School Administrators, collective negotiations with the Board, or his/her institution of any grievance, complaint or proceeding under this Agreement or otherwise with respect to any terms or conditions of employment.
B. Statutory Savings Clause
The rights granted to administrators hereunder shall be deemed to be in addition to those provided elsewhere.
C. Just Cause Provision
No administrator shall be reprimanded without just cause. Any such action asserted by the Board, or any agent or representative thereof, shall be subject to the grievance procedure and the limitations as set forth in Article III.
D. Required Meetings or Hearings
Whenever any administrator is required to appear before the Board, or any committee or member thereof concerning any matter that could result in the termination of employment of that administrator, he shall be given prior notice (which will be in written form) of the reasons for such meeting or interview and may have (a) representative(s) of the Association, a representative of the N.J.P.S.A. and/or attorney present to advise him and represent him during such meeting or interview. Any suspension shall be with pay until formal determination by the Board of Education.
The Association shall have the right to be present to protect the interests, not only of the individual involved, but also of the Association as the bargaining representative exclusively recognized.
ARTICLE V: LEAVES OF ABSENCE
A. Sick Leave
All 12-month administrators shall be entitled to twelve (12) days sick leave per year. Unused days of sick leave shall be accumulated from year to year.
Any administrator who retires and qualifies for retirement benefits in accordance with the requirements of the Teachers’ Pension and Annuity Fund (TPAF) shall be permitted to convert unused accumulated sick leave days into cash at the time of retirement according to the following scale:
|Unused Accumulated Days||To be paid at a rate of:|
|1-50||$30 per day|
|51-100||$80 per day|
|101-150||$130 per day|
|Over 150||$180 per day|
Employees who commence with the board of education on or before June 30, 2011 shall be permitted to convert unused accumulated sick days into cash to a maximum of $20,000 in accordance with N.J.S.A. 18A:30-3.5. Employees who commence services with the board of education on or after July 1, 2011 shall be permitted to convert unused accumulated sick days into cash to a maximum of $15,000 in accordance with N.J.S.A. 18A:30-3.6.
Payment for unused accumulated sick days shall be paid as a post retirement employer contribution to the Administrator’s 403b account. If the administrator does not have a 403b account, the administrator will establish a 403b account for the purposes of receiving the post retirement benefit.
B. Temporary Leaves of Absence
Administrators shall be entitled to the following temporary non-accumulative leaves of absence with full pay each school year
Two (2) days leave of absence for personal, legal, business, household or family matters which require absence during school hours. Application to the Superintendent for personal leave shall be made at least three (3) calendar days before taking such leave (except in the case of emergencies). No personal days are to be requested on an in-service day (except in case of emergencies). Unused personal days shall convert to sick leave at the end of each school year.
Five (5) days absence with pay will be allowed for a critical illness or death of a spouse, parent, child, sibling, grandchild, parent-in-law, brother/sister-in-law, grandparent (hereinafter referred to as “first level extended family members”) or any other person whose relationship with the employee may be deemed appropriate by the Superintendent.
C. Extended Leaves of Absences
The Board shall presume that a pregnant employee is disabled for work thirty (30) calendar days before the anticipated date of childbirth and that she continue to be disabled for thirty (30) calendar days after the end of her pregnancy, except that:
a pregnant employee may present a physician’s certificate as evidence of her fitness to perform her duties during the period of thirty (30) calendar days before and thirty (30) calendar days after the expected date of birth;
a pregnant employee may present a physician’s certificate as evidence of inability to perform her duties for a period in excess of thirty (30) calendar days before or thirty (30) calendar days after the expected date of birth; and,
the Board may require that additional disability leave be taken given evidence that a pregnant employee’s physical condition or capacity is such that continued employment would impair her health. Normal sick leave provisions shall apply under the conditions described in this paragraph.
In cases of interrupted pregnancy or still birth, the disability leave may be terminated by the Board at the administrator’s request provided that the administrator’s physician certifies to her capability- to perform her required duties. When interrupted pregnancy occurs before-the onset of maternity leave as defined in paragraph one, normal sick leave provisions shall apply during the term of the disability.
Child Rearing Leave
The Board reserves the right to require a leave of absence prior to the period of certified disability leave when necessary to avoid the disruption of a short period of service. In such circumstances, the pregnant employee shall be provided normal sick leave benefits during the certified period of disability.
A pregnant employee who has requested and is granted an unpaid leave of absence that begins before and ends after her certified period of disability forfeits claim to sick leave pay.
The Board will comply with the provisions of the New Jersey Family Leave Act (“FLA”) and the Federal Family Medical Leave Act (“FMLA”). Upon written request, at least thirty (30) days in advance, whenever possible, the Board will grant to eligible employees child rearing leave under the FLA and the FMLA, which shall run concurrently under both laws.
3. Contractual Child Rearing Leave
Unpaid leaves of absence relating to childbirth shall be granted by the Board based upon a written request to the Superintendent. Requests shall be limited to continuous periods, which shall end eighteen (18) months after the expected date of birth. The Board may extend or shorten such leave until the nearest convenient break in the educational program in order to preserve the continuity of operations at its discretion.
An employee who adopts a child shall be afforded similar leave. Such leave shall be requested to commence upon the receipt of de facto custody of said child, or earlier when necessary to fulfill adoption requirements. The prerogatives reserved to the Board in paragraph one shall also apply in cases of adoption.
All applications for extended leaves or extensions or renewals of leaves shall be in writing at least thirty (30) days in advance of request. If granted, such approval shall be in writing.
Non-tenured administrators cannot claim employment beyond the term of their contract. The Board is under no obligation to extend a non-tenured administrator’s leave of absence beyond the contract year for which the employee is employed.
D. Return from Leave
Time spent on leave shall not count toward fulfillment of the time requirements for tenure.
Upon return from leave granted by the Board, if the administrator worked 120 days during the fiscal year, the administrator will have earned the full increment and will advance on the salary guide the subsequent year following the leave. For purposes of salary guide placement, leave days taken in accordance with Article V shall not count as days worked. If the administrator did not work 120 days during the fiscal year, then the administrator will remain on the same step on the salary guide the subsequent year following the leave.
All benefits to which an administrator was entitled at the time a leave of absence commenced, including unused accumulated sick leave and credits toward sabbatical eligibility, shall be restored to the administrator upon return, and the administrator shall be assigned to the same position held at the time said leave commenced, if available or, if not, to a substantially equivalent position.
3. Extensions and Renewals
All applications for extended leaves or extensions or renewals of leaves shall be in writing at least thirty (30) calendar days in advance of request. If granted, such approval shall be in writing.
E. Sabbatical Leave
An Administrator in good standing who has been employed in the district for at least seven consecutive years is eligible for a Sabbatical Leave for the purpose of study towards a degree, research or publication in a specialized field and that is mutually beneficial to the school district.
Only one Administrator may be granted a Sabbatical Leave at any one time.
Application for a Sabbatical Leave must be received by the Superintendent at least six (6) months in advance of the commencement of the leave.
During the Sabbatical Leave, the Administrator shall receive full pay for a leave up to six (6) months in length and half-pay for an approved leave greater than six (6) months in length. The Administrator will be responsible for making all required payments for pension contributions and health benefit contributions as required by law or this contract.
After completion of the Sabbatical Leave and upon return to active duty, the Administrator shall be placed on his/her proper step of the salary guide had he/she remained in their position during the leave period. The Administrator must also return to their position with the district for a period of three (3) years upon completion of the leave. If the Administrator voluntarily leaves the district prior to the three-year period, the Administrator will be required to reimburse the district for salary and tuition reimbursement paid associated with the leave on a prorated basis.
ARTICLE VI: WORK YEAR
A. Work Year
The work year shall be from July 1 to June 30th to coincide with the teacher and school master schedule. Administrators will cover the office during the winter and spring breaks.
Twelve-month administrators employed by the Board of Education prior to July 1, 2011 shall be entitled to twenty-five (25) vacation days per year to be accrued at the rate of 1/12th of that entitlement per month. Should those days be used or cashed in upon retirement or resignation before the total entitlement for the year has been accrued, the total accrual shall be 1/12th of the total entitlement multiplied by the number of months employed beginning on July 1 of the current school year, rounded off to the nearest whole number. An entire month must have been completed in order to be used in the calculation. At no time shall the total used or cashed in exceed the maximum entitlement. An administrator may bank a maximum of twelve (12) days vacation for use during the next school year. All banked days must be used in the subsequent year or forfeited without compensation.
Administrators employed by the Board of Education after June 30, 2011 shall be entitled to the vacation allowance indicated below to be accrued in accordance with the paragraph above.
|YEARS OF SERVICE||ANNUAL VACATION ALLOWANCE|
The scheduling of vacation time shall be subject to the approval of the Superintendent.
B. Separation from Service
A member who dies before his contract period is completed shall have per diem payment for his accrued vacation days given to his estate. A member who resigns or retires during the contract year shall receive a per diem cash payment for his accrued vacation days. The per diem rate of pay shall be calculated based upon 260 days.
C. Inclement Weather
In the event the district is closed due to inclement weather, it is within the Superintendent's discretion to require Administrators to come to school. Should the administrator choose not to come in, he/she may use a vacation or personal day. The Superintendent will call the Administrators by 11:00 a.m. of the inclement weather day to notify the employees as to whether they are required to come to school.
ARTICLE VII: SCHOOL CALENDAR
Representatives of this Association shall participate in the formation of the school calendar prior to its being adopted by the Board of Education.
ARTICLE VIII: BENEFITS
A. Tuition Reimbursement
Requests for graduate course reimbursement shall be made in writing to the Superintendent at least two (2) weeks prior to the course start date. Course reimbursement shall be at the discretion of the Superintendent.
A “B” or higher must be attained for completed coursework reimbursement.
If the above referenced requirements have been met, administrators shall be entitled to reimbursement of 100% of tuition costs for graduate courses up to $4,500 per year, per administrator. An annual total liability to the Board of Education of $10,000 shall apply.
In order to receive tuition reimbursement or additional compensation the following shall apply:
The institution where the employee takes the coursework or from where he/she obtains a degree must be a duly authorized institution of higher education as defined in N.J.S.A. 18A:3-15.3.
The employee must obtain approval from the Superintendent prior to enrolling in the course. If the Superintendent denies the request, the employee may appeal the denial to the Board of Education.
An employee can only receive tuition reimbursement or additional compensation for a course or degree that is related to the employee’s current or future job responsibilities.
Employees will not be eligible to receive reimbursement if they voluntarily terminate employment in a period of twelve (12) months after successful completion of the course or courses. In such case, the ineligible amount of tuition shall be deducted from the employee’s last paycheck(s).
Health Care Coverage
Administrators shall receive health care benefits under the Direct Access 10 Design 7 Plan, which shall be the base plan or its substantial equivalent. Employees may choose POS 10 or Horizon My Way HSA-HDHP.
The Board shall pay the premium for health care insurance protection for all Administrators employed by the Board and for family or other dependents of said Administrators’. The employee shall contribute the Tier 4 amount listed for the employee’s salary and coverage type as listed in P.L. 2011, Chapter 78. All contributions shall be made through payroll deductions on a pre-tax basis.
C. Benefit Waiver
Employees who elect to waive their medical, vision and dental benefits in lieu of payment shall be compensated according to the chart below based on the eligible level of coverage waived. Members will receive a prorated waiver benefit only for the actual months waived.
|Eligible Coverage Status||Annual Waiver Amount|
Administrators shall communicate, in writing, their intention to participate in the insurance opt-out waiver to the school business administrator no later than June 15th for the forthcoming school year.
Waiver payments shall be made in 2 equal payments on December 15th and June 15th annually.
D. Prescription Drug Coverage
The Board shall provide prescription drug coverage for all eligible employees who elect to enroll and their dependents. The co-payments for Prescription Drug coverage shall be at the rate of $20 Non-Preferred Brand /$10 Preferred Brand and $5 Generic at the retail pharmacy and $25 Non-Preferred Brand/$15 Preferred Brand and $5 Generic through mail order.
E. Vision Care Coverage
The Board shall provide vision care coverage for all eligible employees who elect to enroll and their families where appropriate.
F. Dental Coverage
The Board will provide each employee eligible for insurance coverage, who elects to enroll, a 100-50-50 with orthodontic dental plan. The Board will extend the plan to family coverage where appropriate.
G. Disability Insurance
Each administrator is entitled to receive up to $150 per month towards the purchase of a Board approved Disability Insurance Plan, or to be reimbursed for the actual cost of a privately owned plan to a maximum of $150 per month during his/her period of employment. The reimbursement shall be distributed to the administrators at the time of the last pay period of the school year.
H. Flexible Spending Account
Administrators shall have the option of participating in the Section 125 Flexible Spending Account Program. Administrators shall be permitted to annually contribute the maximum annual contribution limit established by the Internal Revenue Service for both Unreimbursed Medical Expenses and Dependent Care.
Cell Phone Reimbursement
Administrators are expected to use their personal cell phones for business purposes to efficiently perform their duties. Each administrator shall receive reimbursement in the amount of Fifty Dollars ($50) per month for the use of their personal cell phone.
ARTICLE IX: MISCELLANEOUS PROVISIONS
A. Dues will be paid by the Board of Education for each administrator's membership in the County, State and National association for Secondary school principals.
B. All members of the Association shall be reimbursed at the mileage rate established by the State of New Jersey when required to use their own automobiles in the performance of their duties.
C. Administrators shall be reimbursed for the cost of personal property damaged or destroyed in the performance of their duties.
D. The process for evaluating DVRAA members as implemented by their immediate supervisors shall comport with the requirements of TEACHNJ and ACHIEVENJ, and Board policy.
E. An administrator shall be compensated for assuming teaching responsibilities to cover classes in the event of staff member resignation, removal or leave of absence. The rate of pay shall be $32/hour when the administrator is assuming teaching responsibilities while a teacher is on a paid leave of absence and $47/hour when the position is vacant.
ARTICLE X: SALARY
A. The annual salaries of all administrators shall be those indicated in Appendix A and Appendix B and which are reflective of a 3.0% increase each year of the contract.
B. The annual salary of all administrators initially employed after the effective date of this Agreement shall be set at the sole discretion of the Board for the duration of the individual employee's first employment contract. After the expiration of the first employment contract the employee's salary will be determined by the collective bargaining process and included in Appendix A.
ARTICLE XII: DURATION
A. The salary provision of this Agreement shall be effective July 1, 2017. The Agreement shall continue in effect until June 30, 2020 and from year to year thereafter unless either party notifies the other of its intent to reopen negotiations in accordance with the provision of Article II.
B. IN WITNESS WHEREOF, the parties hereunto have caused this Agreement to be signed by their respective presidents and secretaries on the 23rd day of April, 2018.
Delaware Valley Regional High School Board of Education
Ellen Gordon-Obal, President Teresa Barna, Secretary
Delaware Valley Regional Administrators Association