NEGOTIATED AGREEMENT BETWEEN THE N.B.C. CUSTODIANS’ ASSOCIATION
N.B.C. BOARD OF EDUCATION
ARTICLE I - Recognition
The Board hereby recognizes the N.B.C. Regional Custodians Association as the exclusive representative for collective negotiations concerning grievances and terms and conditions of employment for the following personnel:
ARTICLE II - Negotiations Procedures
The parties agree to enter into collective negotiations in accordance with Chapter 123, Public Laws of 1974, in goof faith effort to reach agreement of terms and conditions of employment. Good faith negotiations will begin with the Board receiving contract proposals from the association prior to October 30th and to respond to said proposal prior to November 30th unless an extension is mutually accepted by each party.
Final ratification of such agreements is subject to final approval by both parent organizations. Any change in the signed agreement can only be executed by both parties in writing.
ARTICLE III - Grievance Procedure
A grievance is a claim by an employee or the Association based upon the interpretation, application, or violation of this agreement.
The purpose of this procedure is to secure, at the lowest possible level, equitable solutions to the problem or problems, which may from time to time arise affecting employees. Both parties agree that these procedures will be kept as informal and confidential as may be appropriate at any level of the procedure.
3. Time Limits
The number of days indicated at each level should be considered, as flexible within reason and every effort should be made to expedite the process.
Failure to file a grievance within thirty (30) days of the occurrence complained of shall be deemed to constitute an abandonment of the grievance.
An employee with a grievance shall first discuss it with his immediate superior - in most cases the employee designated as the Director of Facilities. This can be done either directly or through the Association's representative, with the objective of resolving the matter informally.
If the aggrieved person is not satisfied with the disposition of the grievance at level one, he may put his grievance in writing and it should be presented to the Business Administrator who should respond within five (5) school days after receiving the written grievance.
In the event the aggrieved person is not satisfied with the disposition at level two, said grievance may be submitted to the Superintendent of Schools who should respond within five (5) school days after receiving the written grievance.
In the event the aggrieved person is not satisfied with the disposition of his grievance by the Superintendent, said person may submit the grievance to the Board of Education which will take action at its next regularly scheduled meeting and respond to the aggrieved person within five (5) school days thereafter through the Secretary to the Board of Education.
a. If the aggrieved person is not satisfied with disposition of his grievance at Level Four, or if no decision has been rendered by the Board within thirty (30) days after the grievance was delivered to the Board, he may request in writing the Association submit the grievance to arbitration. If the Association determines that the grievance is meritorious, it may submit the grievance to arbitration within fifteen (15) days after receipt of the request by the aggrieved person. The affected employee must abide by the majority decision of the Association and may not personally take the Board to arbitration following a rejection of his grievance by the Association.
b. The arbitration procedure shall only be used in the processing of grievances, which arise out of violation of the employee contract. Employees processing grievances involving administrative decisions shall use channels already guaranteed by Board policy up to and including a full and open hearing before the Board of Education.
c. Within ten (10) days after such written notice of submission to arbitration, the Board and the Association shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, a request for a list of arbitrators may be made to the American Arbitration Association either party. The parties shall then be bound by the rules and procedures of the American Arbitration Association in the selection of an arbitrator.
d. The arbitrator so selected shall confer with the representatives of the Board and the Association and 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 from the date 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 facts, reasoning and conclusions on the issues submitted. The arbitrator shall be without power or authority to make any decision, which requires the commission of an act prohibited by law or which is violative of the terms of this agreement. The decision of the arbitrator shall be submitted to the Board and the Association and shall be final and binding on all parties.
e. The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses and the costs of the hearing room shall be borne equally by the Board and the Association. Any other expenses incurred shall be paid by the party incurring same.
4. Rights to Representation
Any aggrieved person may be represented at all stages of the grievance procedure by himself, or at his option, a representative of the local association.
5. Group Grievance
If, in the judgment of the Association, a grievance affects a group or class of employees, the Association may submit such grievance in writing directly to the Business Administrator, and the processing of such grievance shall be commenced at level two.
6. Separate Grievance File
All documents, communications and records dealing with the processing of a grievance shall be filed in a separate grievance file and shall not be in a personal file of the participant.
7. Meetings and Hearings
All meetings and hearings under this procedure shall not be conducted in public and shall include only the parties of interest.
Forms will be designed mutually and printed by the school and provided for standardized grievances.
ARTICLE IV - Rights and Responsibilities
1. Except as expressly provided otherwise in this agreement, the determination and administration of school policy, the operation and management of the schools, and the direction of employees are vested exclusively in the Board.
2. During the length of this agreement, the association agrees not to engage in any strike, work stoppage, honoring of picket lines, or work slow downs in any form.
3. Whenever any representative of the association or any employee is mutually scheduled by both parties to take part in any meeting, negotiations, conferences, during working hours, he shall suffer no loss in pay.
4. The association and its representatives shall have the right to use school buildings at reasonable hours for meetings. The locations requested shall be subject to the approval of the Building Principal.
5. No employee shall be disciplined without just cause. Discipline may include, but not be limited to, oral and written reprimands, fines, increment withholdings, suspensions without pay, and mid-contract discharges, but shall not include the non-renewal of a non-tenured employee. Disciplines shall be applied in a non-discriminatory fashion. The discipline to be imposed shall be determined on a case-by-case basis, and shall take into account the nature of the offense, the number of previous offenses of any kind, the length of service of the employee, the general employment record of the employee, and any mitigating circumstances.
ARTICLE V - Emergency and Personal Leave
1. Every employee will be granted emergency and/or personal leave in the amount described below without salary deduction for urgent personal or emergency
A. Three (3) days per year for personal, legal, religious, business or family matters which urgently require absence during working hours. Application to the administration shall be made twenty-four (24) hours in advance, except in case of extreme emergency, and the reasons for taking such leave other than it is being taken under this category, need not be stated.
Unused personal days shall be accumulated from year to year. Maximum available personal days in any given year will be five (5).
A maximum of two (2) custodians will be granted personal leave on any one shift. In the event that more than two (2) custodians apply for personal leave on any one shift, leaves shall be granted to the custodian whose application is first received. This maximum shall not apply on religious holidays.
Except in case of an emergency, no personal leave shall be granted the day before or the day after a holiday. If an emergency does occur the day before or the day after a holiday, the circumstances of the emergency must be stated.
B. 1. Five (5) days at any one time and per occurrence in the event of death of the spouse, parent, child, or sibling.
2. Three (3) days at any one time and per occurrence in the event of the death of a mother/father-in-law, sister/brother-in-law, daughter/son-in-law, grandparents or grandchildren.
These days are in no way accumulative.
- Three (3) days per year in the event of serious illness of the spouse, child, parent, or grandparent.
2. Jury Duty
The Board wholeheartedly supports requests for jury service when submitted with court request. The salary paid to such employee shall be the difference between jury pay and the average daily earnings of such employees.
ARTICLE VI-SICK LEAVE
- The Board shall provide twelve (12) sick leave days per year without loss of pay for all covered employees. Unused sick leave days are to accumulate as long as the employee is employed in the district. (The Board shall provide ten sick days per year to all employees on a 10-month contract.)
- All employees shall be given written accounting of accumulated sick days no later than September 15 of each year.
- All employees, upon retirement from service under the Public Employees Retirement System and after 10 continuous years of service, shall be reimbursed for all unused sick days at the rate of fifty dollars ($50) for each day of unused sick leave. This payment shall not exceed $8,000.
The payout shall be made as a lump sum payment in July of the ensuing school year and shall be made to a 403(b) account in the employee’s name.
- Subject to 24-hour advance notice, proof of visit, and approval of the supervisor, if an employee wishes to request two or less hours for a doctor's appointment, he may make this time up on the same day without being charged sick leave.
- An employee who uses zero (0) sick days in a year will receive $750.00 in one lump sum.
An employee who uses one (1) sick day in a year will receive $500.00 in one lump sum.
An employee who uses two (2) sick days in a year will receive $300.00 in one lump sum.
ARTICLE VII - Maternity Leave of Absence
Pregnancy leaves will be granted in adherence to the guidelines set forth by the New Jersey Division of Civil Rights.
ARTICLE - VIII - Leaves of Absence
Leaves of absence without pay may be granted by the Board for just cause. No benefit shall be paid by the Board to any employee during a leave of absence without pay.
All benefits to which an employee was entitled at the time of his leave of absence shall be restored within the confines of the contract under which he returns. All extensions or renewals of leaves shall be applied for and granted in writing.
Payment of medical insurance premiums during such leave of absence shall be the responsibility of the employee.
ARTICLE IX - Fringe Benefits
A. Medical Insurance
- The Board will pay the premium of the New Jersey Blue Cross and Blue Shield Blue Select health program,(otherwise known as Horizon PPO) which shall be the base health plan for the district. Said plan shall have the following provisions effective July 1, 2007:
>a fifteen dollar ($15) office co-pay, and shall include well baby care and adult physicals.
>a fifty dollar ($50) emergency room co-pay.
>an out-of-network deductible of $200 single and $400 family.
>out-patient therapy (e.g. speech, physical or occupational} limited to 60 visits per benefit period.
>chiropractic visits limited to 60 visits per benefit period.
>in-patient, non-biological based mental health visits limited to 45 days in-patient per benefit period. [biological mental health remains unchanged]
- The terms, conditions, rules and limitations as provided for by the contracts of the insurance and underwriting companies will govern.
- The medical program shall include a mandatory second surgical opinion with a 50% penalty.
- During each year of this agreement, bargaining unit members, who are eligible for family coverage or husband/wife coverage in the basic health insurance program, may voluntarily waive their enrollment in this program by submitting proof that they are covered in another insurance program. Employees who waive such coverage shall receive from the Board one-half (1/2) of the premium cost that the Board would have paid on their behalf if they had remained in the District's insurance program. The date of reimbursement shall be June 30. The employee’s opt-out form is available through the Business Office.
B. Dental Insurance
1. The Board will pay the premium of the New Jersey Blue Shield Dental Program, at the going family rate, for complete "100+ Program". This program includes Preventive/Diagnostic Services and Treatment/Therapy Services and the following riders: Treatment Services Plus, Prosthodontics, Periodontics, Orthodontics, Inlays/Crowns, and Oral Surgery. Effective July 1, 1998, the yearly maximum under the dental plan shall increase to $2,000. Effective at the same time, the Board shall implement a passive PPO overlay on the dental plan.
2. The terms, conditions, rules and limitations as provided for by the contracts of insurance and the underwriting companies will govern.
Uniforms will be issued, at Board expense, to each employee on or before July 1. Said uniforms shall include three (3) work uniforms per year, work shoes, rain gear and a jacket.
An employee may choose between uniform shirts and pants up to six articles of clothing (i.e. 6 pants – no shirts). Out-door employees may choose coveralls instead of a jacket. Rain gear will be made available for each employee upon request. Work shoes must be safety rated by a recognized rating agency (OSHA). Evidence of work shoe rating is required to process reimbursement.
Note: Reimbursement for work shoes will total $125 per employee per year. Payment will be made to employee in a timely manner, upon presentation of receipt.
The Board of Education will make every effort to provide new employees uniforms within thirty (30) work days following their probation period.
D. Medical and Dental After Retirement
Provided that the employee is not eligible to be enrolled in the New Jersey State Health Benefits Program, The Board of Education agrees that any employee of this unit after fifteen (15) years of continuous employment within the district and who retires into the pension system, said Board of Education will pay for the Blue Cross/Blue Shield, Rider "J", Major Medical, Dental Program, and Prescription Plan for a four (4) year period.
E. Prescription Plan
The Board of Education will pay the premium of the New Jersey Blue Cross Prescription Plan for the employee and family. The prescription co-pay will be twenty dollars ($20) for brand name, ten dollars ($10) for generic drugs. Chronic illness prescriptions can be obtained through a mail order program with a one time co-pay for each mail order supply of twenty dollars ($20) for brand name and ten-dollar ($10) for generic drugs.
ARTICLE X - Reduction in Rank or Job Classification
1. Employees shall not be reduced in rank or job classification without just cause.
2. Any employee reduced in rank or job classification may request, and receive from the Superintendent, or his designate, reasons for such reduction no later than fifteen (15) working days following the written receipt of such request.
ARTICLE XI - Work Schedule
The work year schedule of employee’s holidays shall be as follows:
There will be fourteen (14) paid holidays if holiday comes under the contract period: New Year’s Eve or last day before New Year’s Eve, New Year’s Day, Martin Luther King Day, Presidents Day, Good Friday, Easter Monday, Memorial Day, Fourth of July, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, Christmas Eve or last day before Christmas Eve, Christmas Day.
It is agreed by all parties that the Board of Education has the right to determine the school calendar and that, in the event school is in session or the school building is open on any of the above paid holidays, a skeleton crew of custodian(s) will be expected to work at two times their regular rate of pay.
Holidays which fall on a Saturday or Sunday shall be celebrated on the preceding Friday or the following Monday unless school is in session on said day, in which case a mutual acceptable day shall be selected for the holiday observance.
Note: It is recognized that each employee will be entitled to the first day of hunting season or the Friday after Thanksgiving. Up for four (4) employees will be allowed to take the first day of hunting season.
2. Work Hours
A. Day Shift
The workday shall consist of eight (8) hours excluding a 30-minute (uninterrupted) lunch period. In the event of an emergency requiring interruption of said lunch period, the employee will have an extended lunch period, which will assure a total of 30 minutes.
B. Middle and Night Shift
C. Coffee Breaks
The workday shall consist of seven and one-half (7 1/2) hours excluding a 30-minute (uninterrupted) lunch period. Interruptions will be dealt with as the day shift.
Two coffee breaks of 15 minutes will be allowed.
D. In the event that an employee is called to work for any emergency reason such as, but not limited to, snow emergency repairs, etc., he shall be guaranteed a minimum of four (4) hours on the emergency and/or other assigned work as directed by the Facilities Supervisor. Said employee shall be paid time and one-half for this work provided: a) the time worked shall cause his weekly hours to exceed 40 hours for day employees or exceed 37.5 hours for night employees.
E. For Auxiliary Personnel the workday shall consist of seven (7) hours and forty-five (45) minutes. The hours will be 7:45 a.m. until 3:30 p.m. in the high school and the junior high school. The starting and ending times may be adjusted so as to provide adequate coverage in each school.
Overtime is that work time over forty hours per week for day shift or 37.5 hours per week for middle and night shifts. Sick leave is no longer considered in computing weekly overtime.
A. Overtime will be allotted on rotating basis according to a seniority listing of custodial, maintenance, and auxiliary personnel. The overtime work will be offered to this list. When an employee cannot be contacted when his turn comes up for overtime work, he will not be placed at the bottom of the list, but will be given first opportunity for next overtime duty. If no employee volunteers to work, the Director of Facilities may assign an employee based upon his judgment.
The Board retains the right to have the Facilities Supervisor perform overtime services if custodians are not available.
B. All overtime work will be at a rate of time and one-half the pro-rated hourly salary.
C. In the absence of a substitute custodian, it is agreed that all custodians within a specific shift will cover the work area of an absent coworker within their regularly scheduled shift.
In the event there is more than one custodian absent during a specific shift, the Facilities Supervisor for the respective building will coordinate the schedule for that time worked beyond the normal eight hour shift.
Covered employees will be granted vacation time based upon successive years of service to the District.
A paid vacation of two (2) weeks will be granted after the first year of work and will be taken as approved by the Facilities Supervisor. A person working less than a year will receive one (1) day for every complete month of work as of June 30 to a maximum of ten (10) days.
A paid vacation of three (3) weeks will be granted after five (5) years of consecutive service to the district but taken in the sixth year.
A paid vacation of four (4) weeks will be granted after twelve (12) years of service but taken in the thirteenth year.
A paid five (5) week vacation will be granted after twenty (20) years of service but taken in the twenty-first year.
All vacations will be scheduled and approved by the Supervisor. Twenty-four (24) hours notice must be given by the employee for any single day vacation request. Summer vacation periods must be scheduled by June 10.
During the summer months, up to three (3) employees will be permitted to take a vacation in any given week based upon prior approval of the supervisor. In the event the supervisor determines the workload is a problem for the days requested, vacations will be granted in the order requested for the number of employees deemed appropriate.
An employee may bank up to 5 days of vacation time from one school year to the next.
5. Work Week
The regular workweek for all full-time employees will be on Monday through Friday with the exception of those positions, which, as of September 1, 1979, are currently scheduled to work Tuesday through Saturday.
As of July 1, 2001, a regularly scheduled workweek may also include Sunday. This shift is intended to be scheduled Sunday through Thursday.
There will be two safety meeting scheduled annually for all custodian/maintenance. This meeting will be scheduled so as to accommodate all employees. The suggested time would be during the summer work schedule.
Employees will not be permanently changed in shift assignments. When the Supervisor of Buildings and Grounds determines that a change in shift assignment is necessary to meet the needs of the district, regular employees may be assigned to a different shift for a period not to exceed ninety (90) days. Any such changes in shift assignments will be made in reverse order of seniority. Employees who are assigned to perform work for which they are not qualified or have not been trained, shall be entitled to request appropriate training.
A. All notices for job vacancies and/or promotions within the negotiating unit or its supervisory staff shall be posted in departmental work locations as soon as possible.
B. Employees who desire to apply for a vacancy in another location or another shift may file a written statement or such desire with the Superintendent or his designee.
- All qualified employees covered by this Agreement shall be given adequate opportunity to make application for vacancies and no positions shall be filled until all properly submitted applications have been considered. The Board agrees to give due weight to the background and attainments of all applicants. In filling such vacancies, preference shall be given to qualified employees already employed by the Board, and when all other factors are substantially equal, length of time on the Northern Burlington County Regional School District shall be the deciding factor. Announcement of appointments within the unit or its supervisory staff will be forwarded to the Association.
D. Any one custodian can bid on as many areas that are vacant at any given time. If no custodian wishes to bid on an area, the new hire will receive the vacant or new area.
E. Within the classification of employees, certain assignments require special skills and experience. Seniority will be considered in retaining employees in circumstances where skills and experience are a determining factor only when ability and qualifications are equal.
F. A custodian may not bid on and accept a new assignment within six months of accepting a previous assignment.
ARTICLE XII - Resignations
1. An employee resigning from his position shall give two (2) weeks notice.
2. Earned vacation time shall be paid according to the proportion of full months worked to the total contract year.
ARTICLE XIII - Agency Shop
A. Purpose of Fee
If a custodian/auxiliary personnel does not become a member of the Association during any school year, said employee will be required to pay a representation fee to the Association for that school year. The purpose of this fee will be to offset the employee’s per capita cost of services rendered by the Association as majority representative.
B. Amount of Transmission of Fee
2. Payroll Deduction Schedule
Prior to the beginning of each school year, the Association will notify the Board, in writing, of the amount of the regular membership dues. The representation fee to be paid by non-members will be equal to eighty-five (85) percent of that amount.
The Board will deduct the representation fee in the same manner as dues are deducted from members of the Association.
C. Save-Harmless Clause
In the development of this ARTICLE, it was the intent of both parties to comply with all State and Federal Titles and Civil Rights Laws.
The Association will hold the Board harmless in any legal action taken.
ARTICLE XIV - Seniority and Job Security
Seniority, for the purpose of this Article, shall be based upon an employee's continuous length of service with the Board.
All employees shall be considered as probationary employees for the first 180 work days of their employment. Employees may be disciplined or terminated at any time during their probationary period at the sole discretion of the Board without recourse to the grievance procedure.
Upon completion of such probationary period their seniority will be dated as of the date of the commencement of their employment.
In the event two employees commence their employment on the same date, their seniority shall be determined by alphabetical order of last name.
The Board will maintain a seniority list of employees, copies of which will be furnished to the Association.
An employee's seniority shall cease upon:
a. Resignation or retirement
b. Discharge for cause
c. Continuous lay-off for a period exceeding six months
Laid-off members of the Association shall be recalled to work as per the seniority list through written notice by certified mail. Failure of the laid-off employee to report for work on the date specified will be subject to removal from the seniority list. Just cause for removal from employment and removal from the seniority list shall be:
1. Failure to report to work for a period of three consecutive work days without notification to the Board of a justifiable excuse for such action.
2. Failure to report back to work immediately upon expiration of vacation, a leave of absence, or any renewal thereof.
Lay-offs will occur according to the seniority list.
Custodial employees hired on or after July 1, 1981 shall be granted forty-five (45) days after the second state testing date following initial employment to earn a Black Seal License or the employee will be terminated.
If test results are unavailable in a timely fashion, through no fault of the employee, the Board will extend the time frame until the receipt of said results.
ARTICLE XV - Credit for Experience
Employees hired before January 1 of any contract year shall be given credit for one (1) year of service in determining salary or vacation entitlement as provided in this agreement.
ARTICLE XVI - Protection of Employees
Concerning protection of employees who are injured during work, the Board refers to Workmen's Compensation as the recourse to the employee. The Board pays fully into this account for the protection of the employees of this district.
ARTICLE XVII - Evaluation Process
All observation of work performance of an employee will be conducted openly and with full knowledge of the employee. The employee will be given a copy of any evaluation or observation report, which will be in narrative form and include when pertinent:
1. strengths of the employee
2. weaknesses of the employee
3. specific suggestions as to measure which the employee might take to improve his performance in each of the areas wherein weaknesses have been indicated.
No material derogatory to an employee's conduct, service, character or personality shall be placed in his personal file unless the employee has had an opportunity to review the material. Employees will initial said material indicating only that he has seen it. He may then, if he chooses, attached his own related comments to such evaluation or observation.
No employee will be given an adverse evaluation without just cause.
Each employee will be given a copy of his/her evaluations upon request.
ARTICLE XVIII – Dismissal Procedure
- An employee, who due to poor job performance, who has received an unsatisfactory evaluation shall be placed on probation for 30 days.
- Improvement must be apparent and completely acceptable within the thirty-day working period. Failure to satisfactorily perform the job assignment as expected may result in a recommendation for dismissal.
3. An employee, who repeatedly uses all, or exceeds the available amount of annual or accumulated sick leave, based upon an individual case-by-case review, may be subject to progressive discipline consisting of an oral reprimand, a written reprimand, and suspension without pay of one (1) or more days. Based upon the severity of the problem, the initial level of discipline may exceed an oral warning. Continued abuse of sick leave may result in a recommendation for termination.
4. Improvement in the employee’s attendance pattern must be apparent and acceptable within a sixty (60) day working period following the implementation of any disciplinary actions.
5. Dismissal due to poor job performance shall follow the above procedure. It is specifically understood that the Board has the right and responsibility to take any retention in matters other than job performance.
ARTICLE XIX - Miscellaneous Provisions
A. This Agreement shall be effective July 1, 2007 and continue in full force and effect until June 30, 2010.
Schedule of Salaries –
C. Schedule of Additional Compensation
- All custodians who hold Black Seal License will receive an additional $825.00 annually.
- Custodians who are regularly assigned to night shift for the full contract year shall receive an additional $1,000.00.
- Custodians who are regularly assigned to a Sunday shift for the full contract year shall receive an additional $1,250 per year.
- The Board agrees to pay, at the appropriate step on the custodial guide, any 10-month employee who may be hired on a temporary basis during the summer, for regular custodial work. Said salary shall commence upon the date of employment. No additional benefits shall accrue to these temporary positions.
- Auxiliary Personnel will be paid in accordance with the salary schedules adopted by the Board and incorporated into this Agreement.
- If the Board of Education requires any custodian to have a license or certification (i.e. heating, cooling, plumbing, electrical, pesticide) to perform said job, the Board of Education will pay for the classes to secure the license.
- Summer rate of pay for ten-month employees will be $12.50 per hour.
- The Board of Education, at its discretion, shall appoint two (2) custodians as night crew leaders. One shall be at the middle school and the other at the high school. They shall serve as night crew leaders under supplemental contracts effective September 1 through June 30 of each year. During the ten (10) month period, they shall receive additional compensation equal to ten percent (10%) of their pro-rated regular base salary.
The Board of Education and the Association have caused this Agreement to be signed by their respective Presidents and included in the official minutes of the Board of Education Proceedings.
THE BOARD OF EDUCATION OF THE NORTHERN BURLINGTON COUNTY REGIONAL SCHOOL DISTRICT
NORTHERN BURLINGTON COUNTY REGIONAL CUSTODIANS’ ASSOCIATION