Contract Between
Montclair B/E-Essex
- and -
Montclair Head Custodial Assn
* * *
07/01/2005 thru 06/30/2008


CategorySchool District
UnitCustodians

Contract Text Below
Agreement


Between the
Montclair Board of Education


And the
Montclair Head Custodians Association



For the contract years

2005 – 2008





Table of Contents




































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AGREEMENT
between

MONTCLAIR BOARD OF EDUCATION
and
MONTCLAIR HEAD CUSTODIAN ASSOCIATION

for the Contract Years
2005-2008

AGREEMENT (hereinafter the "Agreement") made as of the 1st day of July 1, 2005 , by and between the MONTCLAIR BOARD OF EDUCATION ("the Board") and the Montclair Head Custodian Association ("the Association") pursuant and subject to N.J.S.A. 34:13A et seq.


The Board and the Association (hereinafter sometimes referred to as "the parties") agree as follows:


Article 1. Duration of Agreement.
1.1 The term of this Agreement shall commence on July 1, 2005 and end on June 30, 2008.


1.2 The period from July 1, 2005 to June 30, 2006 shall be the "First Contract Year" or "Year One," the period from July 1, 2006 to June 30, 2007 shall be the "Second Contract Year" or "Year Two, and the the period from July 1, 2007 to June 30, 2008 shall be the "Third Contract Year" or "Year Three.


Article 2. Recognition.
2.1 Unit. The Board recognizes the Association as the sole and exclusive bargaining representative for the employees of the Board in the following categories, including those with tenure, those on probation and those on sabbatical leave, but not those on interim (i.e., non-contractual) or per diem appointments:


(a) Head Custodians and Assistant Head Custodians (hereinafter sometimes referred to as Head Custodians");

2.2 Definition. All personnel set forth in Section 2.1(a) are sometimes hereinafter referred to collectively as "Employees," and individually as "Employee."

2.3 Interim Employment. Any Employee regularly hired, and employed in excess of four (4) consecutive months or for 95% on the work year shall be paid on the appropriate basis set forth in Article 4. After one year the employee shall begin the then effective health benefits and will begin to earn sick days at one per month.

Article 3. Negotiation of Successor Agreement
3.1 Deadline. The parties agree to commence negotiations with respect to a successor Agreement in accordance with N.J.A.C. 19:12-2.1. Such negotiations shall begin with the exchange of written proposals for the successor agreement. Any agreement so negotiated shall apply to all members of the bargaining unit and shall be reduced to writing and signed by the parties.


3.2 Information Exchange. During negotiations, the board and the Association shall promptly make available to the other, upon reasonable request, such information within their possession which is relevant and not privileged or confidential.


3.3 Meetings. Negotiating sessions shall be scheduled as mutually agreed upon.


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3.4 Exclusive Representation. The Board agrees not to negotiate with any organization other than the Association for the duration of this Agreement, concerning the Employees in the bargaining unit, unless such organization first shall have been duly certified as the majority representative of such Employees.

3.5 Procedure. Negotiations shall commence with a meeting at a mutually satisfactory place within fifteen (15) days after receipt of the proposals set forth in Section 3.1, unless the Board and the Association mutually agree to an extension of time. During negotiations, the Board and the Association shall make proposals and counter-proposals.

Article 4. Compensation.
4.1 (a) Salary and Stipend Increases: Salaries and stipends will be fixed in years one through three of the contract as indicated in the contract Appendices and appropriate contract sections within this written agreement.

4.2 Base Compensation.
(a) Employees shall be compensated as provided on the salary guide attached hereto as Appendices A-1 to A-3.

(b) Overtime Pay. Time worked beyond 40 hours per week shall be compensated at the rate of 1-1/2 times the normal hourly rate of pay. Overtime on Sundays and holidays as set forth in the Twelve Month Calendar shall be compensated at double the normal hourly rate, except for: (i) regularly scheduled building checks by a custodian making the check, or his designated replacement, and (ii) third-shift Employees, which will be compensated at 1-1/2 times their normal hourly rate. On the full day preceding any holiday, overtime shall be compensated at 1-1/2 times the normal hourly rate. On early closing days (as set forth in the 12-month calendar), any time worked beyond 5-1/2 consecutive hours shall be compensated at double the normal hourly rate. Snow removal scheduled and performed at time other than regular work hours shall be compensated at the rate of two times the normal rate. If the Governor declares a state of emergency because of the weather for the Montclair area, Association members shall not be required to report to work. Such time off will not be credited against personal leave nor shall members suffer loss of pay. If approval for overtime is not given for snow removal and custodians are required to complete snow removal during normal hours, the work not completed within the building shall not count towards the custodians evaluation.

(c) Acting Boiler Operator.
The following stipends will replace time reports and will be included in the base salaries for Head Custodians serving as boiler operators in the mornings until the regular boiler operator reports.
Group Year I II III Schools
Group A $1,125 $1,325 $1,475 Woodman, Edge,
Group B $1,181 1,381 1,535 Brad, Watchung, NE, Rand
Group C $2,193 2,391 2,450 Glen, Ren, HS Annex, Nish
Group D $2,306 2,506 2,650 HS, Mt Heb, Hill/CO
Complex, MHS Night Asst.
For each day that a head custodian serves as a boiler operator during the absence of the regularly scheduled boiler operator, (other than weekend or building checks or times covered by the above stipends) he/she shall receive:

    Year I II III
    Full $17.50 $18.35 $19.00
    day $ 8.75 $9.18 $9.50
No other time reports will be submitted for this work.


(e) In all schools the person designated to assume the duties of the Head Custodian in his absence shall, after an aggregate of twelve (12) working days sick absences of the Head Custodian in a contract Year, have his pay raised by fifteen (15%) for days worked thereafter as acting Head Custodian except for vacation periods to last the duration of time when the Head Custodian is absent.


(f) The Board shall reimburse employees for the costs, including fees for tests, of any licenses required for their employment.


(g) Employees who are assigned to two or more job sites during the same work day shall be granted a minimum of fifteen (15) minutes travel time from one site to another. If the employee uses his/her own vehicle for such travel, he/she shall be compensated for mileage at the then prevailing IRS rate.


4.3(a) Longevity. For the purposes of this section, Longevity Employees are Employees who, at the end of any Contract Year, shall have completed the required full years of employment with the Board.
15 Years 25 Years
Year One $2000 $1875
Year Two $2000 $2000
Year Three $2200 $2000


*Up to 2 years of Military Service will count towards Longevity.

4.4 Withholding Increments. Employment or adjustment increments may be withheld for inefficiency or other just cause related to an Employee's performance of duties, but only in accordance with the following:
(a) The Employee is evaluated in accordance with applicable Board policy or procedure;

(b) The immediate supervisor and/or the principal shall not forward any recommendation to withhold an Employee's increment or a part thereof through the Superintendent to the Board unless at least forty-five (45) calendar days prior thereto, and in no case later than May 15th of the preceding school year in which such action would take effect, the supervisor/principal has given to the Employee as to whom the recommendation shall be made, written notice of the alleged cause(s) for the recommendations specifying the nature thereof with such particulars as to furnish the Employee an opportunity to correct and overcome such cause(s) provided however, this provision shall not apply to instances of serious inefficiency occurring on or after March 1, or to cause other than inefficiency.

(c) Any Employee who has had an employment increment or adjustment increment withheld under this provision shall be restored to guide the year following the withholding of the increment unless the procedures set forth in this provision are followed once again, in which case the increment or increments previously withheld, plus any additional increments which may be due, may be withheld.

(d) Any Employee who has had an employment increment or adjustment increment withheld under this provision shall be restored to guide the year following the withholding of the increment. In the event an employee suffers the withholding of an increment on at least two occasions after July 1,1996 while in the employ of the Board, then the difference in compensation occasioned by the withholding of the increment shall remain constant for the balance of the employee's employment by the Board.

4.5 Payment Method. Employees shall be paid as follows:
(a) Each Employee may individually elect to have ten per cent (10%) of his monthly salary deducted from his pay. These funds shall be paid to the Employee on the final payday in June.

(b) When a pay day falls on or during a school holiday, vacation, or weekend, Employees shall receive their paychecks on the last previous working day.

(c) Overtime and Time Report payments shall be made twice each month in accordance with a schedule established by the Board. Time report sheets and overtime sheets shall be submitted to the employee's supervisor no later than the second scheduled due date after the work is performed.

4.6 Reimbursement. The Board shall provide tuition reimbursement for employees who work twenty (20) or more hours per week, not to exceed $800 per year per employee. The tuition reimbursement shall be available only for approved courses pursuant to Board regulations or approved personal professional development.

4.7 Other: In addition to the negotiated salaries, the District has implement skill based stipends for targeted job related skills based upon individual assessment measures for those skills B&G personnel The stipends represent for the three contract years respectively; $312, $325, & $338 per employee annually added to base.

4.8 Epi-pen trained Staff: The board may designate staff who are trained and currently certified in the use of Epi-pen devices to serve as emergency resources for building nurses. $500 prorated annually shall be paid to specifically designated staff for this service during school hours. Any trained employee designated as epi-pen coverage after normal school hours shall be paid at the hourly rate negotiated for teachers under MEA 4.2(i), up to a maximum of 5 hours present per event. (i.e., a field trip would count as one event and payment shall be in addition to any field trip stipend.


Article 5. Medical Benefits.
5.1 Medical/Surgical. (a) Medical/Surgical. The Board agrees to provide for Employees and the Employee's dependents, if such dependent coverage is desired by the Employee the same coverage and coverage conditions as provided employees in the Montclair Education Association,


The parties specifically agree that all new hires shall be placed in the Blue Choice program upon hiring (i.e., those employed for the first time by the district). Such new employees shall be required to remain in the Blue Choice program for at least 3 years, at which point each may select Blue Select at the employee's option.


(b) "Long Term Care Insurance - the Board shall make available for employees to purchase at their own expense, an optional Long Term Care Insurance if available, through its then existing insurance carrier, provided that the Board's experience rating does not impact on the overall premium to be paid by the Board for medical benefits.


5.2 Dental. The Board agrees to continue to provide equal to or better coverage given to the MEA..

"Dental Insurance for Retirees - Dental insurance for retirees may be purchased through the Board's insurance carrier at the retiree's expense provided the retiree is eligible, the plan is available and the individual has 15 years of service with the Board, and is retired. The rate for said coverage shall be as determined annually by the Board."

5.3 The Board will provide benefits under Article 5 to the domestic partners of employees who have established a Registered Domestic Partnership through approved governmental agencies and can provide a “Certificate of Domestic Partnership” to the board. If a domestic partnership ends, the employee must notify the board in writing so that the board may remove the former domestic partner and his or her dependents from all benefit plans they were receiving.

Article 6. Additional Duties.
6.1 Assignment to After-School Responsibilities. Except to the extent that such activity is included in the normal responsibilities of his position, no Employee shall be required as part of his employment to serve as adviser, coach or supervisor, or in any similar role with respect to any student clubs, organizations or teams, or any similar activities, to the extent such activities are carried on outside normal school hours.


6.2 Declining After-School Responsibilities. When asked to accept an assignment described in Section 6.1, the Employee shall be told that he can refuse without prejudice. If the Employee accepts such an assignment, he shall be informed of the duties, responsibilities and stipend in connection therewith.


Article 7. Employees' Hours.
7.1(a) Work Schedule. The normal work week shall be forty (40) hours, Monday through Friday, and the normal workday shall be eight (8) hours, not including a thirty (30) minute lunch break for maintenance-employees and sixty (60) minute lunch break for custodial employees. On early closing days (as set forth in the twelve-month calendar) the workday shall be five and one-half (5-1/2) consecutive hours with starting times scheduled by the head custodian, with approval of the Supervisor of Plant Operations, and any time worked beyond 5-1/2 consecutive hours on such days shall be compensated as set forth in section 4.8 (b). Beginning with the day following the last school day for teachers and ending the day before the first school day for teachers (all as set forth in the school calendar) the normal workday shall be seven and one-half (7-1/2) hours not including lunch break, and the normal working day shall begin at 7:30 a.m., or in accordance with the non-summer work schedule as determined by the Director.


(b) Work Changes. Any changes of work shifts shall be made on a voluntary basis, or if no volunteer is available, then on an involuntary basis, in inverse order of seniority. Shift changes may be made in emergency situations on a temporary basis only; but may be made otherwise, for good cause.


(c) Posting Work Schedules. Work schedules showing shifts, workdays and hours shall be posted in each school and office.


(d) Required Overtime. Employees may be required to work a reasonable amount of overtime. Overtime shall be arranged on an equitable basis. Overtime for weekend building checks shall only be paid for actual time worked.


(e) Overtime Availability. Overtime work shall be offered to employee in the positions to which the work relates, and will be distributed as equitably as possible among employees who have indicated a desire to work overtime in any particular building.


(f) In the event that an emergency call back is received by a head custodian from the police or the alarm company, or a designee of the superintendent, the head custodian will receive 2 hours minimum overtime pay at the rate of one and one-half of his/her normal hourly rate.


Article 8. Workload & Related Matters.
8.1 (a) Current Practice. The Board agrees to negotiate any substantial change in current practice in hours and load prior to implementation thereof, during the terms of this Agreement.


8.2 Maintenance-Custodians.
(a) Changes. The Board agrees to negotiate with the Association with respect to any substantial changes in hours and load prior to the implementation thereof, except for emergencies or other good cause.


(b) Job Descriptions. Job descriptions for shall be maintained in each school building and at the Central Office. Departures from the duties set forth in the job descriptions shall be for emergencies only.


(c) Excluded Maintenance. Head Custodians shall not be required to maintain the personal possessions of Board staff.

(e) Uniforms. (1) Employees shall receive $500, $500, & $500 respectively for the three contract years towards the purchase of new or replacement uniforms. These uniforms are to be worn during working hours. The Board will also grant a $70 allowance for safety shoes to each new employee, provided such shoes are purchased. Safety shoes must be worn during working hours.

Uniforms and jackets shall be purchased through the Department of Buildings and Grounds, in accordance with a price list posted in the Department Office. Shoes may be purchased independently and reimbursement, up to the amount available in the employee's uniform allowance account, shall be made upon the submission of a sales receipt. The MHCA will have input into the selection of uniforms.

(3) The Board will continue to make available foul weather gear as previously provided by the board.

(4) Safety gear shall be used as provided by the Board of Education in compliance with safety regulations.

Article 9. Meetings and Related Matters.
9.1 Association Participation. An association representative may participate in a faculty meeting as set forth in Section 20.3.


9.2 Members of the association shall be afforded opportunities to meet with the director of Buildings and Grounds and the Business Administrator or designee a minimum of five times per year on a schedule mutually agreed upon for the purpose of discussing Association concerns and suggestions.


9.3 When requested, the association may receive assistance from the Personnel Administrator or designee in documenting a sub-contractor’s failure to perform the duties assigned in their respective buildings.


Article 10. Voluntary Transfers & Reassignments.
10.1 Posting Vacancies. The district shall within three weeks of the final adoption of the budget deliver to the Association and post in all school buildings a list of the known vacancies and those which are expected to occur during the following school year. The list shall be updated through the last full Friday in the school year.


10.2 Application. Employees who desire a transfer to another building or location may file a written statement of such desire with the Superintendent. Such statements shall include the assignment or schools to which he desires to be transferred, in order of preference. Such requests for transfers and reassignments for the following year shall be submitted initially not later than April 1 and thereafter within two weeks after the vacancy in question is posted on an updated list referred to in Section 10.1 but in no event later than one week after the last full Friday in the school year.


10.3 Treatment of Requests. Decisions with respect to transfers shall be made by the Board in its sole and absolute discretion. Upon written request an Employee shall receive written reasons for a request for transfer which has not been granted.


10.4 Visitation. Unless it is disruptive of an Employee's existing job assignment, an Employee to whom a notice of transfer has been given shall, upon request to his supervisor, be afforded one day during the school year (or work year, as the case may be) to visit the building (or work site) to which he is being transferred.

Article 11. Involuntary Transfers and Reassignments.
11.1 Notice. Notice of intention to recommend a transfer or reassignment shall be given to the affected Employee confidentially and in writing prior to action by the Board.


11.2 Conference. When a transfer or reassignment is considered by the Employee to be involuntary, he/she may have, upon request, a meeting with the Personnel administrator at which time the individual shall be notified of the reason(s) for the transfer or reassignment. At the conclusion of this meeting, upon request of the individual, the Superintendent shall meet with him/her.


11.3 Transferee's Status. An Employee being involuntarily transferred or reassigned shall be placed where possible in an equivalent position, i.e., one which, among other things, does not involve reduction in rank or in total compensation.


11.4 Determination of Transfers. Decisions with respect to transfers and reassignments shall be made by the Board in its sole and absolute discretion.


11.5 Visitation. Unless it is disruptive of an Employee's existing job assignment, an Employee to whom a notice of transfer has been given shall, upon request to his supervisor, be afforded one day during the school year (or work year, as the case may be) to visit the building (or work site) to which he is being transferred.


Article 12. Work Year, Vacations and Holidays.
12.1 Vacations. Paid vacations shall be:


Time Completed Vacation Entitlement
Less than 1 year One day per completed month of employment to a
maximum of 10 days
1-5 years 10 days
6-10 years 15 days
11-19 years 20 days
20-24 years 21 days
25+ years 22 days
    In addition to the schedule, one family “holiday” day may be taken. This day must be taken between December 25th and January 1st and will not be considered one of the days in the MHCA table.




12.2 Eligibility: Vacation eligibility shall commence as of September 1 of each year. Vacation times shall be requested through the Personnel Office in accordance with the form provided. Vacation requests shall be processed in the same manner for all twelve (12) month employees.


Article 13. Leaves.
13.1 Sick Leaves.
(a) Definition. Sick leave is hereby defined to mean the absence from his post or duty of any Employee because of personal disability due to illness, injury or exclusion from school by the school district's medical authority on account of contagious disease.


(1) All Employees working on a twelve-month basis are allowed twelve (12) days of sick leave per year as of July 1.


(2) All unused sick leave shall accumulate.

(3) Employees who begin initial work after the start of their full work year will receive a pro-rata number of sick days.


(4) Upon recommendation by the Superintendent, the Board may grant additional sick days to those who have been employed in this district ten years or longer when the Employee has exhausted his or her accumulated sick days and will be in need of more days. These days shall be calculated according to the following: a maximum of three additional days for each year of service in Montclair.
(5) Return from Sick Leave. Any Employee who has been absent for a period longer than five (5) consecutive working days must present a release from his physician indicating his ability to resume regular duties in full or to what extent duties may be resumed. This release shall be given to the immediate supervisor. The Board may require additional examination by its physician.

(6) Notice. Not later than October of each year, each Employee shall be apprised of the number of accumulated sick days he has. This number should be tabulated as of July 1 and include the days for the coming year.

(7) Sick Pay Plan.
Eligible Employees, upon retirement, shall receive pay for accumulated and unused sick days as follows: (i) to be eligible, Eligible Employees shall have terminated employment by reason of retirement, following at least fifteen (15) consecutive years employment by the Board and must have accumulated and unused sick days in excess of 25 days; (ii) payment will be made for actual accumulated and unused sick days up to a maximum of:
Year I II III
Rate: $80 $80 $81
Days eligible: 105 108 110


13.2 Personal Leave. Personal leave is available to employees as follows:
(a) Bereavement Leave. A maximum of five (5) work days in a work year for death in the family.


(b) Illness in the Immediate Family. A maximum of five (5) work days in Year One. In Year Two each employee shall be given a five-day pool, which shall decrease by one for each day used. In Year Three and thereafter, three (3) illness in the family days are restored to this pool each year; however, in no event shall an employee be entitled to more than five (5) such days in a year. These days are not available to employees in category 2.1(d).


(c) Personal Days.
(1) Personal Days are available upon proof of need and only
when others in the same employment category are not expected to be absent. These days are available to Employees included
in Article 2.1 (see form B-57, Appendix G).

(2) Unused Personal Days. All unused days, categories 3, 4 and 5 will be credited to the sick leave accumulation for each employee after each June 30.

(3) Earned Personal Day. In the event that none of the sick days allowed per year set forth in section 13.1 are used by an Employee, that Employee shall have one earned Personal Day which may be used only in the following year. No reason need be given by the Employee wishing to take the Earned Personal Day. (Form B-57, Appendix G is to be used for these days.)

(d) Procedure for Earned Personal Days. An Employee need not obtain prior approval before taking his Earned Personal Day; he shall, however, give at least 24 hours prior notice, and may be required to defer taking his Earned Personal Day, if more than ten percent (10%) of the same category Employees in his building will be absent on that day. In categories where there are fewer than ten Employees only one Employee will be permitted to take such Personal Day at any one time and only on those occasions when others in such a category are not expected to be absent. An Earned bonus day may be used before or after a school vacation.
(e) If no sick or Family illness days are used during the contract year, the employee will receive a bonus of $250.00.

Article 14. Employment Procedures.
14.1 Contract Notice. All employees except Aides shall be notified of their contract and salary status for the ensuing year not later than May 15th of each year.


14.2 Termination Notice. Fourteen (14) days notice of termination of employment shall be given an Employee, and an Employee shall give 14 days notice of resignation.

14.3 Termination Pay. Upon termination of employment, unused earned vacation shall be paid up to the maximum the employee is eligible to earn yearly.

Article 15. Dismissal, Discharge & Discipline Procedures.
15.1 Hearing and Notice. Whenever an Employee is required to appear before the Board, or any committee or designated representative thereof concerning any matter which would adversely affect the continuation of that Employee in his employment, he shall be given prior written notice of the reasons for such hearing and shall be entitled to have a chosen representative of the Association present to advise him and represent him during such hearing. Said notice shall be given an individual at least five (5) days prior to such hearing.


15.2 Dismissal Procedure. In the case of the dismissal or discharge of any Employee, said Employee upon request will be given a statement of reasons in writing for such dismissal or discharge. Upon receipt of the written reasons provided upon request, the Employee shall be entitled to a Stage III Grievance hearing. Such Employee shall have the right to appeal an adverse decision at Stage III to Stage IV, provided, however, that any arbitrator considering the grievance shall not reverse or modify the action of the Board in dismissing or discharging such employee unless such arbitrator shall find that there was no just cause for the action of the Board. The decision of the arbitrator, if made within the scope of his authority as set forth in this Agreement, shall be binding.


15.3 Reprimand. The parties agree that as a matter of practice, any reprimand by a supervisor/administrator of an Employee with respect to the performance of the Employee in his employment shall be made in confidence and not in public.


Article 16. Promotions and Vacancies.
16.1 Posting. Promotional Positions are all positions paying a salary differential and positions on the administrator-supervisory level of responsibility. All vacancies for Promotional Positions shall be adequately publicized by the Superintendent in accordance with the following procedure:


(a) During School Year. When school is in session or when the Employees are required to work, a notice shall be posted in each school building office as far in advance as practicable, ordinarily at least fourteen (14) calendar days before the final date when applications must be submitted. A copy of said notice shall be given to the Association at the time of posting. Employees who desire to apply for such vacancies shall submit their applications in writing to the Superintendent within the time limit specified in the notice, and the Superintendent shall acknowledge promptly in writing the receipt of all such applications. Applications shall be kept on file in the Superintendent's office for continual consideration for future vacancies until the office is notified in writing by the applicant that the application is withdrawn or until two years have elapsed.


(b) During Summer. Employees who desire to apply for Promotional position which may be filled during the summer period when school is not regularly in session shall submit their names to the Personnel Office on forms to be circulated by the Personnel Office prior to the summer recess. Such notice shall be sent as far in advance as practicable, ordinarily at least twenty-one (21) days before the final date when applications must be submitted and in no event less than fourteen (14) days before such date. In addition, the Superintendent shall, within the same time period, post a list of Promotional Positions to be filled during the summer period at the administration office, in schools which are open, with a copy of said notice sent to the Association.


(c) Content of Notice. The qualifications, salary, months of employment and certification required for the Promotional Position, shall be clearly set forth.

(d) Procedure. All qualified Employees shall be given adequate opportunity to make application and no position shall be filled until all properly submitted applications have been considered. Each applicant not selected shall, upon request, receive an explanation from the Board. Announcements of appointments shall be made by posting a list in the office of the central administration and in each school building or office and notice shall be given to the interested Employees. The list shall be given to the Association and shall indicate which positions have been filled.

Article 17. Reduction in Force and Reemployment.
17.1 Applicability. The parties confirm that the Board of Education has the right to make reductions in force pursuant to N.J.S.A. 18A:28-9 et seq. The provisions of this Article 17 shall apply to employees who at the time of any dismissal resulting from a reduction in force shall have completed three (3) consecutive calendar years of employment by the Board.


17.2 Seniority. To the extent not inconsistent with the regulations of the Commissioner of Education, the parties agree that, for the purpose of this Agreement, "Seniority" shall mean the period of consecutive employment by the Employee in the district, and with experience in the district in the position from which he was dismissed by reason of the reduction in force.


17.3 Seniority in Dismissal. Employees dismissed by reason of reduction in force shall be dismissed in inverse order of Seniority from their respective positions.

17.4 Preferred Eligible List. An Employee dismissed by reason of a reduction in force shall be entitled to be placed and to remain for no longer than two years upon a preferred eligible list in order of Seniority, for reemployment whenever a vacancy occurs in the position from which such Employee was dismissed; such Employee shall be re-employed by the Board if and when such vacancy occurs within the two year time period.

17.5 Definitions. For the purposes of this Article 17 "position" shall mean any position in which such Employee actually had work experience in the district and for which the Employee possesses the required qualifications and skills as set forth in the job description for the position.

17.6 Recall Notice. Notice of vacancies in positions to which this Article 17 is applicable shall be given to those Employees on the preferred eligible list in order of Seniority within a reasonable time (not more than fifteen (15) days) after such vacancy occurs and such Employee shall have a reasonable period of time (but not to exceed thirty (30) days after receiving notice) in which to give the Board notice of his intent to return to the position. In the event such Employee shall fail to respond to the notice from the Board, or if he gives notice that he does not desire to return to the position, he shall forfeit all his seniority rights.

17.7 Limitation. Seniority shall not be accumulated during the period following dismissal by reason of reduction in force, but upon reemployment pursuant to the terms of this Article 17, such Employee shall have his accumulated seniority to the date of such dismissal.

17.8 Displacing Personnel. Any employee dismissed by reason of a reduction in force (the "Senior Employee") shall have the right to displace an Employee with less seniority occupying a position in a lower classification than the Senior Employee (the "Junior Position") provided that the Senior Employee actually had work experience in the district in the Junior Position, and for which the Senior Employee possesses the required qualifications and skills as set forth in the job description for the Junior Position.

17.9 Notice. Any anticipated or planned reduction in force of shall not be implemented or take effect without prior notice to the Association. Following a notice, a meeting between the Board and the Association shall occur prior to the effective date of such anticipated or planned reduction in force.


Article 18. Employees' Rights
18.1 Representation. The Board hereby agrees that every Employee of the Board shall have the right to freely organize, join and support the Association and its affiliates for the purpose of engaging in collective negotiations and other concerted activities for mutual aid and protection. As a duly selected body exercising government power under the Laws of the State of New Jersey, the Board undertakes and agrees that it shall not directly or indirectly discourage or deprive or coerce any Employee in the enjoyment of any rights conferred by the Laws of New Jersey or the Constitutions of New Jersey and the United States; that it shall not discriminate against any Employee with respect to hours, wages or any terms or conditions of employment by reason of his membership in the Association and its affiliates, collective negotiations with the Board, or his institution of any grievance, complaint or proceeding under this agreement or otherwise with respect to any terms or conditions of employment.


18.2 Additional Rights. Nothing contained herein shall be construed to deny or restrict to any Employee such rights as he may have under New Jersey School Laws or other applicable laws and regulations. The rights granted to Employees hereunder shall be deemed to be in addition to those provided elsewhere.


18.3 Identification. No Employee shall be prevented from wearing pins or other identification of membership in the Association or its affiliates.


18.4 Personnel Files. An Employee shall have the right, upon request, to review the content of his personnel files (excluding employment references, personal and academic references) and to receive copies. No materials (excluding employment references, personal and academic references) shall be placed in an Employee's personnel files without his knowledge. The Employee has the right to respond in writing to any materials placed in his files, and such response shall become part of the files.


18.5 Complaint Procedure. Any complaint regarding an Employee made to any administrator by a parent, student, or other person not having a position in the school system, shall be subject to the procedure set forth herein. A "complaint" is a serious statement which criticizes the Employee and which, if true, would adversely affect the evaluation of the Employee. Upon receipt of a complaint, the immediate supervisor shall in all events inform the Employee of the complaint and shall attempt to resolve the matter informally, which may include but is not limited to:
a) an invitation to the complainant to meet with the Employee;
b) a meeting of the Employee with the supervisor.

In the event the Employee is not satisfied with the status of the matter after such attempted informal resolution, he may (i) have a meeting with the Superintendent (or his designee) to discuss the matter and (ii) place a written statement concerning the matter in his own personnel file.
Any complaint as to which the procedure set forth herein has not been followed shall not be included in an evaluation, and violations of the provisions of this Section 18.5 shall be subject to the grievance procedure.


Article 19. Association Rights and Privileges.
19.1 Equipment. The Association shall have the right to use school equipment on location, including typewriters, mimeographing machines, other duplication equipment, calculating machines, telephones (for in-district calls) 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, supplies and labor incident to such use.




19.2 Mail Facilities. The Association shall have the right to use the inter-school mail facilities and school mail boxes as it deems necessary.


19.3 Participation in Meetings. Upon request, the Association representative shall have the opportunity to express the views of the Association at any regularly-scheduled faculty meeting, upon recognition by the Chairperson, which in no event shall be later than at the conclusion of school business and prior to adjournment.


19.4 Job Descriptions. The Association shall have the right to call for and receive a job description for any category of Employee. The Board shall consult with Employees covered by any particular job description and the Association prior to any revision of it. Job descriptions may be reviewed every five (5) years or sooner upon request of the Employee or the Board.


19.5 Information. Information maintained by the Board and available to the general public shall, upon request of the Association, be provided to the Association; any unusual expenses involved in filling said request shall be borne by the Association.


19.6 Rights: The rights granted herein are granted exclusively to the Association and not to any other employee organization.


Article 20. Deductions from Salary.
20.1 Dues. The Board agrees to deduct from the salaries of its Employees dues for the Montclair Head Custodian Association, the Essex County Education Association, the New Jersey Education Association, and/or the National Education Association as said Employees, individually and voluntarily authorize the Board to deduct. Such deductions shall be made in compliance with N.J.S.A. 52:14-15.9e and under the rules and regulations established by the State Department of Education. Said monies together with current records of any corrections shall be transmitted to such person as may from time to time be designated by the Montclair Head Custodian 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. 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.


Article 21. Representation Fee.
21.1 During the 1982-83 school year and during the beginning of each membership year thereafter, the Board shall deduct from the salaries of employees who are not members of the Association for the then current membership year a representation fee equivalent to an amount certified to the Board by the Association as equal to regular membership dues, including fees and assessments charged by the Association to its members, less the cost of benefits financed through the dues, fees and assessments and available to or benefiting only Association members, but in no event shall the amount deducted for the representation fee by the Board exceed eighty-five (85%) percent of the membership dues, fees and assessments; provided, however, that the obligation of the Board to make the wage deduction provided herein shall be contingent upon:


(a) Certification by the Association of the amount to be deducted for the representation fee from each non-member employee's salary by the Board, and
(b) The establishment and continuing maintenance by the Association of a demand and return system in conformance with provisions of N.J.S.A. 34:13A-5.5 and 5.6.

21.2 Prior to March 1, 1984 and prior to the beginning of each membership year thereafter, the Association will submit to the Board a list of those employees who are not members of the Association for the then current membership year. The Board will deduct from the salaries of such employees, in accordance with Section 22.3 below, the full amount of the representation fee and will transmit promptly the amount so deducted to the Association.

21.3 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. The deductions will begin with the first paycheck paid:
(a) 30 days after receipt of the aforesaid list by the Board; or
(b) 30 days after the employee begins his or her 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 reemployed in such unit from a reemployment list, in which event the deductions will begin with the first paycheck paid 10 days after the resumption of the employee's employment in a bargaining unit position, whichever is later.

21.4 In the event an employee who is required to pay a representation fee terminates his or her employment with the Board before all deductions are made, the Board shall deduct the unpaid portions of the fee from the last paycheck paid to said employee during the membership year in question.

21.5 Except as otherwise provided in this Article, the mechanics for the deduction of representation fees and the transmission 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.

21.6 The Association will notify the Board in writing of any changes in the list provided for in paragraph 22.2 above and/or the amount of the representation fee, and such changes will be reflected in any deductions made more than 30 days after the Board receives said notice.

21.7 Indemnity Clause: The Association shall indemnify and hold harmless the Board against and from any and all claims, demands, grievances, suits and other forms of liability and expenses arising out of, or by reason of, this Article or any action taken or not taken by the Board, its employees and agents in the performance of the provisions of this Article; provided however, that this obligation shall not extend to such claims, demands, grievances, suits and other forms of liability and expenses arising out of the willful misconduct of the Board or out of its negligent and improper execution of its obligations under this Article.

Article 22. Personnel - Administration Liaison.
22.1 Meeting the Superintendent. The Association's representatives may request to meet with the Superintendent during the school year to review and discuss current school problems and practices and administration of this Agreement. The number of Association or administration representatives at any one meeting shall not exceed two (2) unless agreed upon.

Article 23. Grievance Procedure.
23.1 Definitions.
(a) Grievance - A grievance is a complaint by an Employee, that as to him and to his own working conditions, there has been a violation, or an inequitable, improper or unjust application or interpretation of the terms of this Agreement, or a complaint by the Association, that there has been a violation of the terms of this Agreement.


(b) Representative - A representative shall be the Association or any person authorized by an Employee to act on his behalf and to represent him.


(c) Aggrieved Party - An aggrieved party is an Employee who alleged that he suffered a grievance as defined above, or the Association.

(d) Immediate Supervisor - Immediate supervisor shall mean the person to whom the Employee is directly responsible. However, no aggrieved party may pursue a grievance with a supervisor who is also recognized as an Employee. In such instance the next level supervisor (i.e., building principal, Central Office department head) shall first hear the grievance.

(e) Superintendent of Schools - That person named by the Board of Education to bear this title or anyone appointed by him to act as his designee.

(f) Non-Contractual Grievances - In addition to a Grievance as defined in Section 24.1.1, an Employee may appeal from the interpretation, application or violation of policies and administrative decisions affecting him. Non-contractual Grievances shall be directed to the Superintendent (or his designee) and the procedure of Section 24.5 shall be followed. As to such Non-contractual Grievances there shall be no appeal beyond Stage II (Section 24.5) to either Stage III (Section 24.6) or Stage IV (Section 24.7).

(g) Presentation of Appeal - In the event the Association presents a grievance, it shall be presented to the immediate supervisor(s) of the Employee(s) most directly affected.

23.2 Principles.
(a) All persons participating in the grievance procedures outlined herein shall be free from interference, coercion, restraint, discrimination or reprisal by reason of such participation.

(b) All participants shall maintain a readiness to consider all pertinent facts.

(c) Except at Stages III and IV all decisions, meetings and conferences shall, so far as is practicable, be conducted during the hours when both the district office and the schools are open.

(d) In the presentation of a grievance the aggrieved party shall have the right to present his own appeal. Both parties may at any time be represented by any person of their own choosing. All notices of meetings, documents, communications, records and findings shall be sent to the aggrieved party and his representative.

(e) Stipulated times are intended as outer limits -- grievances will be processed as expeditiously as practicable. However, stipulated times may at any stage be extended by mutual agreement of the parties involved. References to "school days" shall be deemed to include "work days" where the context may so require in order to carry out these Principles.

(f) All grievances shall include the name and position of the aggrieved party, identify the section of this Agreement involved in said grievance, the time and the place where the alleged events or conditions constituting the grievance occurred, the identity of the party responsible for causing said events or conditions, if known to the aggrieved party, and a specific statement of the nature of the grievance and the redress sought by the aggrieved party.

(g) The aggrieved Employee may have access to materials contained in his official personnel files as provided by Section 18.4 hereof.


(h) When a grievance involves an inter-personal dispute, each of the parties to the dispute shall have the right to be present during any presentation by another party at Stage II and III.


(i) All documents, communications, and records dealing with the processing of a grievance shall be filed in a separate grievance file and shall not be noted nor kept in the personnel file of any of the participants. The aggrieved party shall have the right to inspect his grievance file.


(j) All parties involved in a grievance have a right to expect that confidentiality will be maintained until the grievance has ended.


(k) In the event a grievance is rejected on the grounds that any applicable time limits for presenting a grievance have not been complied with, and an appeal is taken, the authority hearing said appeal shall (a) determine the correctness or incorrectness of the rejection of the grievance as to the time limits; and (b) decide the grievance on such other grounds as may be brought before said authority pursuant to the provisions of the Grievance Procedure.


(l) In any grievance in which the Association does not represent the aggrieved party, the Association shall have the right to be present and to state its view a each stage of the Grievance Procedure.


(m) For a grievance to be timely, it must be filed within thirty (30) work days from the day on which the aggrieved party becomes or should have become aware of the grievance matter.


23.3 Exceptions.
(a) The term "grievance" and the procedure relative thereto shall not apply where charges have been certified against any individual claiming tenure under the provisions of N.J.S.A. 18A: 28-5 pursuant to the provisions of the Tenure Employees Hearing Law, N.J.S.A. 18A:6-10 et seq. (In such cases the procedure to be followed shall be that set forth in N.J.S.A. 18A:6-10 et seq.).


(b) In cases involving the withholding of increments pursuant to the provisions of N.J.S.A. 18A:29-14, an individual affected by such action shall have the right to invoke the Grievance Procedure through the hearing before the Board. From the final determination by the Board, the method or review shall be that set forth in N.J.S.A. 18A:29-14.


23.4 Stage I - With the Immediate Supervisor.
(a) An aggrieved party having a grievance should first present it orally to his immediate supervisor, or in the case of the Association, to the immediate supervisor of the Employee most directly affected. The aggrieved party should identify to the immediate supervisor that a grievance is being instituted. When the aggrieved party and the immediate supervisor meet, each shall have no more than one other person at any one time. The aggrieved party and the immediate supervisor must attempt to resolve the grievance informally if possible.


(b) If the grievance is not resolved informally within five (5) school days by the aggrieved party and the immediate supervisor, the aggrieved party may prepare a written statement of the grievance, setting forth the specific nature of the grievance, the facts relating thereto and the action requested to be taken, and submit it to the immediate supervisor within eight (8) school days following the oral presentation.


(c) If the resolution of the grievance stated in the grievance statement is beyond the authority of the immediate supervisor (as defined by the State Education Law and expressed policy of the Board of Education), the immediate supervisor shall promptly so inform the aggrieved party and the aggrieved party may thereupon proceed to Stage II.


(d) If resolution of the grievance is within his authority, the immediate supervisor shall meet with the aggrieved party or in the case of the Association, to the immediate supervisor of the Employee actually involved, within two (2) school days after receipt of the grievance statement. The aggrieved party shall be given reasonable opportunity at such meeting to present the facts relating to the grievance and his position relating thereto. At such meeting, the aggrieved party and the immediate supervisor should again attempt to resolve the grievance informally if possible.


(e) Within two (2) school days after such meeting, the immediate supervisor shall, if the grievance has not been informally resolved, render a written decision on the grievance which shall set forth the findings of fact on which such decision is based. A copy of such decision shall be promptly delivered to the aggrieved party and his representative and a copy of such decision, together with the grievance statement, shall be submitted to the Superintendent.


(f) When more than one grievance related to the same circumstances or conditions remain unresolved at the conclusion of Stage I of the Grievance Procedures, the individuals concerned may request that their grievance be heard as a group at succeeding stages of the procedures.


(g) It is understood, however, that even though several grievances may relate to the same subject and be heard as a group this does not absolve each aggrieved party concerned with supplying a full set of facts relative to his particular grievance nor does it require the Superintendent, or the Board of Education to arrive at a single decision with respect to grievances so grouped. Any aggrieved party requesting that his grievance be heard with others as a group may withdraw such request at any time.


23.5 Stage II - With the Superintendent.
(a) If the aggrieved wishes to appeal the decision of the immediate supervisor, or if the grievance was not within the authority of the immediate supervisor, the aggrieved party may, within two (2) school days after receipt of such a decision, submit a grievance appeal to the Superintendent, setting forth the specific nature of the grievance, the facts relating thereto, the respects in which the aggrieved party disagrees with the decision of the immediate supervisor and the action requested to be taken by the Superintendent.


(b) Within three (3) school days after receipt of the grievance appeal statement, the Superintendent or his designated representative shall meet with the aggrieved party. At such meetings, the aggrieved party shall be given reasonable opportunity to present the facts related to the grievance and his position relating thereto, including such voluntary written or oral statements of other persons as he may deem important. The Superintendent may also accept such written or oral statements of other persons, including persons designated by the aggrieved party as he may deem appropriate. Within ten (10) school days after receipt of the grievance appeal statement, the Superintendent shall render a written decision which shall set forth the findings of facts on which such decision is based. Copies of the decision shall be delivered to the Employee and his representative and the immediate supervisor.


23.6 Stage III - With the Board of Education.
(a) If the aggrieved party wishes to appeal the decision of the Superintendent, the aggrieved party may, within five (5) school days after receipt of such decision from the Superintendent, submit a grievance appeal to the Board of Education, such appeal to set forth the specific nature of the grievance, the facts relating thereto, the respects in which the aggrieved party disagrees with the decision of the Superintendent, and the action requested to be taken by the Board.


(b) If the aggrieved party in his appeal to the Board does not request a conference, the Board may consider the appeal on the written record submitted to it, or the Board may, on its own, request the submission of additional written materials. A conference shall be held when an aggrieved party so requests a hearing before the Board.


(c) Within five (5) school days after receipt of the appeal, if a conference is to be held, the Board will set a date, not later than fifteen (15) school days after receipt of the appeal, for a conference of at least three members of the Board, with the aggrieved party.


(d) At such conference the aggrieved party will be given reasonable opportunity to present the facts related to the grievance and his position relating thereto, including such voluntary written or oral statements of other persons as he may deem important. The Board of Education will also accept such written or oral statements of other persons as it may deem appropriate, and will send copies to the aggrieved party and his representative.


(e) Within ten (10) school days after such conference (or, in the event no conference is held, within thirty (30) days after receipt of the appeal) the Board of Education will render a written decision on the grievance, a copy of which will be delivered to the aggrieved party and his representative, the Superintendent, and the immediate supervisor.


23.7 State IV - Arbitration.
(a) If the aggrieved party wishes to appeal the decision of the Board, the aggrieved party may, within five (5) school days after receipt of such decision from the Board, submit a written request, to the Superintendent, that the grievance be submitted to arbitration.


(b) The following procedure will be used to secure the services of an arbitrator:

(1) A request will be made to the American Arbitration Association (A.A.A.) by the aggrieved party to submit a roster of persons qualified to function as arbitrators in the dispute in question.

(2) If the parties are unable to determine a mutually satisfactory arbitrator from the submitted list, they will request the A.A.A. to submit a second roster of names.

(3) If the parties are unable to determine a mutually satisfactory arbitrator from the second submitted list within ten (10) school days of the initial request for arbitration, the A.A.A. may be requested by either party to designate an arbitrator. The parties shall then be bound by the rules and procedures of the American Arbitration Association in the selection of an arbitrator.


(c) The arbitrator so selected shall confer with the representative of the Board and the Association, shall hold hearings promptly, and shall issue his decision not later than twenty (20) days from the date of the close of the hearings, or, if oral hearings have been waived, then he shall issue his decision not later than ten (10) days from the date on which the final statements and proofs on the issues are submitted to him. The arbitrator's decision shall be in writing and shall set forth his findings of fact, reasoning and conclusions on the issues submitted. The arbitrator's decision, if made within the scope of his authority as set forth in this Agreement, shall be binding upon the aggrieved party and the Board, and in cases involving the Association, shall be binding upon the Association.


(d) Only the aggrieved, the Board, the Superintendent and the Association shall be given copies of the arbitrator's findings and opinion, which findings and opinion shall be confidential. Action recommended by the arbitrator shall not be confidential.


(e) Meetings and hearings under this procedure shall not be conducted in public and shall be attended only by the parties in interest and their designated or selected representatives.


(f) The authority of the arbitrator shall be limited to the issues submitted to him, and the application and interpretation of the express terms of Agreement between the Board and the Association for the applicable years. He shall be wholly without authority to add to, subtract from or modify any of the provisions of said Agreement, or of any policy of the Board.


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


Article 24. Protection of Employees, Students and Property.
24.1 Use of Reasonable Force. Any person employed or engaged in a school or educational institution may, within the scope of his employment, use and apply such amounts of force as are reasonable and necessary: (1) to quell a disturbance threatening physical injury to others; (2) to obtain weapons or other dangerous objects upon the person or within the control of a pupil; (3) for the purpose of self-defense; and (4) for the protection of persons or property.


24.2 Reporting. Employees shall immediately report cases of assault suffered by them in connection with their employment to their principal or other immediate supervisor. Incidents required to be reported under applicable state regulations shall be reported by the Employee as soon as reasonably possible. With the permission of the aggrieved party, the association shall be notified as soon as reasonably possible.


Article 25. Maintenance of Classroom Control and Discipline.
The student disciplinary procedure shall be reviewed for each school building by faculty and administration with appropriate involvement of parents and students. The procedures shall be subject to approval of the Superintendent. All professional personnel share in the responsibility to enforce that appropriate disciplinary procedure to ensure an orderly environment within the school building and on the school grounds as required by law. Such procedure shall be made known to the students.


Article 26. Nondiscrimination.
The Board and Association confirm that there is and shall be no discrimination in the employment, the representation of Employees, and the application or administration of this Agreement on the basis of race, creed, color, national origin, age or sex.


Article 27. Employees' Rights Reserved - Savings Clause.
Nothing contained in this Agreement shall be construed to deny or restrict to any Employee such rights as he may have under New Jersey School laws or other applicable laws and regulations. The rights granted to Employees hereunder shall be deemed to be in addition to this provided elsewhere.


Article 28. Board's Rights Reserved.
Nothing contained in this Agreement shall be construed to limit the right of the Board to adopt, change or administer any policies or procedures, so long as such policies or procedures shall not be specifically at variance with the express terms of this Agreement and the law.


Article 29. Miscellaneous.
29.1 Gender. All references to the masculine gender in this Agreement shall be deemed to include the feminine gender, unless the context requires otherwise.


29.2 Modification. This Agreement may not be modified by the parties, in whole or in part, except by an instrument in writing duly authorized and executed by both parties.


29.3 Individual Contracts. Any individual contract or employment notice 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 any provision of any individual contract or employment notice is expressly inconsistent with the provisions of this Agreement, the provision of this Agreement shall be controlling.


29.4 Policy Books/Minutes. The Board agrees that it will furnish to the Association access to the Board Policy Book currently maintained. Upon specific request of the Association the Board will supply the Association with one copy of Board minutes at Board expense when such minutes are available to the public.


29.5 Printing. Copies of this Agreement shall be printed at the joint expense of the Board and the Association on a pro-rated basis. The Association shall provide copies to the unit members at its discretion. A printing date shall be agreed upon by the Association and the Board.


29.6 Notice. Whenever any notice is required to be given by either party to this Agreement to the other, pursuant to the provisions of this Agreement, either party shall do so by telegram or certified letter or receipted communication letter at the following addresses:


(a) If by Association, to Board at 22 Valley Road, Montclair, New Jersey 07042, Attention: Superintendent.
(b) If by Board, to Association at the building of the president of the association in Montclair, New Jersey 07042


or such other address as may be designated by the party to which notice is given.

29.7 Severability. Any provision of this Agreement or Board Policy found to be contrary to law shall be invalid; all other provisions of this Agreement shall remain in full force and effect.

29.8 Headings. The Article and Section headings in this Agreement are for reference purposes only, and shall not affect in any way the meaning or interpretation of this Agreement.




IN WITNESS WHEREOF,
the parties have caused this Agreement to be signed this 18th day of November, 2005.


MONTCLAIR BOARD OF EDUCATION

By: Deborah Wilson (rep)
Deborah Wilson
President


Montclair Head Custodian Association


By: Cleveland Hines

Cleveland Hines
President


INTERPRETATIVE MEMORANDUM
    The Montclair Board of Education and the Montclair Head Custodian Association, in order to set forth certain mutually agreed understandings to aid in interpreting the provisions of the Agreement between them for the period July 1, 1994 through June 30, 1996 provide as follows:
    1. By the words "vacation" or "holiday" on Form B-57 Appendix G with respect to Personal Days in Categories 5-6, the parties do not intend to include NJEA Convention Days as provided in the calendars.
    2. By the word "vacancies" in Article 16.1 the parties do not intend to include a situation arising, for example, from the transfer of four existing employees among four schools.








Appendices


Montclair Head Custodians Association
and the
Montclair Board of Education



Head Custodian Salary Guides


Line A = Woodman, Edgemont
Line B = Bradford, Watchung, NE, Rand, Asst. HS
Line C = Middle Schools, Nish, GI Annex
Line D = HS, CO/Hillside complex

Initial Placement on the guide will be at the discretion of the Superintendent but not less than the number of full years in the system in the classification, except that any person employed at the effective date of this guide who has received a negative evaluation for services in the 1998-1999 school year may be held at the 1998-1999 salary. Each employee shall be placed on his/her proposed step of the salary as of the beginning of the 2005 contract year. Each employee shall be given full credit for one (1) year of service towards the next increment step for the following year after working one-half or more of the required days in the normal work year.





--

APPENDIX A-1 to A-3

Appendix A-1
2005-06
Old Steps
1
2
3
4
5
6
7
8
LineNew Steps
1
2
3
4
5
6
A
30000.00
32000.00
$41,000
$43,000
$45,000
$46,400
$46,500
$51,794
B
30780.00
32832.00
$42,507
$44,507
$46,507
$48,507
$50,507
$52,507
C
32165.00
34309.00
$43,956
$45,956
$47,956
$49,956
$51,956
$53,956
D
34063.00
36334.00
$47,525
$49,525
$51,525
$53,525
$55,525
$57,525


Appendix A-2
2006-07
LINE
1
2
3
4
5
6
A
$43,658
$45,658
$47,658
$49,658
$51,658
$53,658
B
$44,397
$46,397
$48,397
$50,397
$52,397
$54,397
C
$45,898
$47,898
$49,898
$51,898
$53,898
$55,898
D
$49,596
$51,596
$53,596
$55,596
$57,596
$59,596
Appendix A-3


2007-08
LINE
1
2
3
4
5
6
A
$45,590
$47,590
$49,590
$51,590
$53,590
$55,590
B
$46,355
$48,355
$50,355
$52,355
$54,355
$56,355
C
$47,911
$49,911
$51,911
$53,911
$55,911
$57,911
D
$51,741
$53,741
$55,741
$57,741
$59,741
$61,741


Montclair BE and Montclair Head Cust Assn 2005.pdf