A G R E E M E N T
MONMOUTH REGIONAL HIGH SCHOOL MAINTENANCE
AND OPERATIONS PERSONNEL STAFF
MONMOUTH REGIONAL HIGH SCHOOL BOARD OF EDUCATION
TABLE OF CONTENTS
ARTICLE I - RECOGNITION
ARTICLE II - BOARD'S RIGHTS
ARTICLE III - STAFF RIGHTS AND PRIVILEGES
ARTICLE IV - NEGOTIATIONS PROCEDURES
ARTICLE V - GRIEVANCE PROCEDURE
ARTICLE VI - EMPLOYEE RIGHTS AND PRIVILEGES
ARTICLE VII - WORK YEAR
ARTICLE VIII- HOLIDAYS
ARTICLE IX - VACATIONS
ARTICLE X - SICK LEAVE
ARTICLE XI - OVERTIME
ARTICLE XII - SALARIES
ARTICLE XIII- TEMPORARY LEAVES OF ABSENCE
ARTICLE XIV - INSURANCE PROTECTION
ARTICLE XV - VACANCIES AND NEW POSITIONS
ARTICLE XVI - DUES DEDUCTION
ARTICLE XVII- MISCELLANEOUS PROVISIONS
ARTICLE XVIII- SEPARABILITY AND SAVINGS
SIDE BAR - WORK WEEK
ARTICLE XIX - BOILER LICENSE
ARTICLE XX - DURATION OF AGREEMENT
P R E A M B L E
THIS AGREEMENT entered into this 7th day of June 2011 by and between the MONMOUTH REGIONAL HIGH SCHOOL BOARD OF EDUCATION, in the County
of Monmouth, New Jersey, hereinafter called "BOARD", and MONMOUTH REGIONAL
HIGH SCHOOL MAINTENANCE AND OPERATIONS PERSONNEL STAFF, hereinafter
called the "ASSOCIATION", represents the complete and final understanding on all bargainable issues between the BOARD and the ASSOCIATION. The parties hereto agree as follows:
The BOARD hereby recognizes the ASSOCIATION as the exclusive representative for the purpose of collective negotiations pursuant to Chapter 123, Laws of 1974 for the following categories of personnel: maintenance, grounds, matrons, custodians. All other employees currently employed or to be employed in other categories in the future shall be excluded from the bargaining unit set forth herein.
The BOARD on its behalf and on behalf of the citizens encompassed by its jurisdiction, hereby retains and reserves unto itself, without limitation, all powers, rights, authority, duties and responsibilities conferred upon and vested in it prior to the signing of this Agreement by the laws and the Constitution of the United States, including, but without limiting, the generality of the foregoing, the following rights:
To the executive management and administrative control of the school system and its properties and facilities, and the activities of its employees:
To hire all employees and subject to the provisions of law, to determine their qualifications and the conditions of their continued employment, or their dismissal or demotion, and to promote and transfer employees;
To evaluate the performance of the employees contained in this unit as many times as deemed necessary and advisable by the BOARD.
To determine schedules, the hours and the duties, responsibilities and assignments of employees with respect thereto and non-teaching activities and the terms and conditions of employment.
The exercise of the foregoing powers, rights, authority, duties and responsibilities of the BOARD, the adoption of policies, rules regulations and practices and furtherance thereof, and the use of judgment and discretion in connection therewith shall be limited only by the specific and express terms of this Agreement and then only to the extent such specific and express terms hereof are in conformance with the Constitution and Laws of New Jersey and the United States and the decisions of the Commissioner of Education.
Nothing contained herein shall be construed to deny or restrict the BOARD of its rights, responsibilities and authority under N.J.S.A. 18A: 1-1 et seq., school laws of New Jersey or any of the National, State, County, District or other local laws or regulations as they pertain to education.
STAFF RIGHTS AND PRIVILEGES
Whenever any representative of the staff or any employee is mutually scheduled by the parties to participate during working hours in negotiations, he shall suffer no loss in pay.
The rights and privileges of the staff and its representatives as set forth in this Agreement shall be granted only to the ASSOCIATION as the exclusive representative of the employees, and to no other organization(s) representing any portion of the unit or potential member of the unit.
The parties agree to enter into collective negotiations for a successor agreement in accordance with N.J.S.A. 34: 13A-1 et. seq., as amended, Chapter 123 Public Laws of 1974, in a good faith effort to reach an agreement on the matters covered therein provided the ASSOCIATION continues as the exclusive representative during the next succeeding years.
The BOARD agrees not to negotiate regarding terms and conditions of employment of covered employees other than with the certified bargaining agent during the term of this Agreement. This Agreement shall not be construed as precluding the parties hereto as mutually amending this Agreement in writing. This Agreement incorporates the complete and final understanding of the parties as to all negotiable issues between them for the duration of the Agreement.
Subject to the provisions herein stated, the parties shall commence negotiations in accordance with the applicable laws and regulations of the State of New Jersey.
The purpose of the procedure is to secure at the lowest possible level, an equitable solution to the problems which may arise affecting the terms and conditions of this Agreement and to resolve grievances as quickly as possible so as to assure efficiency and promote employees' morale. The parties agree that this procedure will be kept as informal as may be appropriate.
Nothing contained herein shall be construed as 1imiting the rights of any employee having a grievance to discuss the matter informally with the building and ground supervisor and having the grievance adjusted without the intervention of the ASSOCIATION.
The term "grievance" as used herein means any controversy arising over the interpretation, application or violation of the terms and conditions of this Agreement, Board policies and administrative decisions affecting terms and conditions of employment, and may be raised by an individual, ASSOCIATION, or the BOARD.
Steps of the Procedure:
The following constitutes the sole and exclusive method for resolving grievances between the parties covered by this Agreement and shall be followed in its entirety unless any step is waived by mutual consent:
Step One - An aggrieved employee shall institute action under the provisions hereunder within ten (10) days after the occurrence of the event being grieved by discussing the grievance with the building and ground supervisor or his designee. The building and ground supervisor shall render a decision within five (5) days after receipt of a grievance.
Step Two- If the grievance is not settled through Step One, it shall be reduced to writing by the ASSOCIATION and submitted to the Business Administrator or his designee within five (5) working days following the determination by the building and ground supervisor. The Business Administrator or his designee shall render a decision in writing within fifteen (l5) working days from the receipt of the grievance.
Step Three - If the grievance is not settled through Step One and Two, it shall be reduced to writing by the ASSOCIATION and submitted to the Superintendent of Schools or his designee within five (5) working days following the determination by the Business Administrator. The Superintendent of Schools or his designee shall render a decision in writing within fifteen (15) working days from the receipt of the grievance.
Step Four - If the grievance is not settled through Steps One, Two and Three, the grievance shall within ten (10) working days of the determination by the Superintendent of Schools, appeal his decision to the BOARD OF EDUCATION. The BOARD OF EDUCATION shall within thirty (30) days after submission of the grievance to it, submit an answer in writing setting forth their determination with respect thereto.
EMPLOYEE RIGHTS AND PRIVILEGES
There shall be no discrimination, interference, restraint, or coercion by the BOARD or any of its agents or representatives against any of the employees covered under this Agreement because of their membership or non-membership in the ASSOCIATION or because of any lawful activity by such employees on behalf of the ASSOCIATION. The ASSOCIATION, its members and agents, shall not discriminate against, interfere with, restrain or coerce any employees covered under this Agreement or not members of the ASSOCIATION by reason of their refusal to join.
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 in addition to those provided elsewhere.
Employees shall not be disciplined without just cause.
Employees may wear lapel pins or other similar identification of membership in the ASSOCIATION or its affiliates. Such insignia, however, shall be a reasonable size and shall note only identification of membership.
Whenever any employee is required to appear before the Superintendent, BOARD or any committee thereof concerning any matter which could adversely affect the continuation of that employee in his position, employment, or the salary or any increments pertaining thereto, then he shall be given prior written notice of the reasons for such meeting or interview and shall be entitled to have a representative of the ASSOCIATION present to advise him and represent him during such meeting or interview.
Each employee shall have the right to review his personnel file with a representative of his choice upon twenty-four (24) hour notice to the Superintendent or his designee, and shall have the opportunity to respond to and/or rebut adverse evaluations and have such entered into the file.
After three (3) years of uninterrupted continuous service, each employee shall be appointed to an unfixed term so as to provide the tenure protection available to such employees under the provisions of Chapter 137, Public laws of 1960 (18A:17-3 and 18A4:17-4).
Credit for prior experience may be awarded by the Superintendent upon initial employment or subsequent reemployment following a year's separation from the district. Credit for prior experience determines the entry level in the salary guide. Not more than six (6) years may be credited for previous work experience.
The work year shall consist of forty (40) hours per week, fifty-two (52) weeks per year from July first through June thirtieth unless otherwise noted in this Agreement.
The workday shall consist of eight (8) hours including one-half (1/2) hours for lunch.
All employees shall be scheduled to work a regular forty (40) hour work shift with a regular starting and quitting time. A change of shift schedules shall be effective only after twenty-four (24) hour notice by posting except in case of emergency.
Summer Flex Schedule- When staff is working on a four (4) day work week flex schedule, the maintenance and custodial staff will work 9 and ˝ hour shifts each day.
A. All employees covered hereunder shall be entitled to thirteen (13) paid holidays during school year. The thirteen (13) paid holidays are as follows:
Day after Thanksgiving Day
New Year's Day
Martin Luther King, Jr.'s Birthday
Columbus Day, and one (1) additional holiday with deference to Lincoln's Birthday, provided that Lincoln's Birthday does not conflict with the School Calendar as adopted by the Board of Education.
If Lincoln's Birthday is not available as the additional holiday, the Association will have an opportunity to consult with the Superintendent prior to the assignment of the additional holiday. In any event, the Superintendent's decision shall be final.
Should any holiday listed above not be a holiday in the School Calendar, the Association will be given the opportunity to consult with the Superintendent prior to the assignment of a substitute day. In any event, the Superintendent's decision shall be final. The13th holiday to be granted at the discretion of the Superintendent of Schools on an individual basis.
Day after Christmas: If twelve month employees on staff are off on December 26th, then Maintenance/Custodial employees will also have off. Those that are required to work that day will receive holiday overtime (double time) with approval of Supervisor.
Day after EASTER: If twelve month employees on staff are off on that day and school is closed, then Maintenance/Custodial employees will also have off. Those that are required to work that day will receive holiday overtime (double time) with approval of Supervisor.
Yom Kippur and Rosh Hashanah:
Add two days for Yom Kippur and Rosh Hashanah when school is closed for the students and staff. If the building needs to be opened, the MOPS staff member covering the day will receive comp time at straight time.
Members of the bargaining unit will receive the work day closest to their birthday as a paid holiday.
Eve of Holiday
If the district is closed or closes early on the eve of a holiday (Christmas eve, New Year’s Eve), Maintenance/Custodial employees will be paid time and ˝ if they work past the normal work day on those dates with approval of supervisor.
Employees covered by this Agreement before December 31st shall receive the full vacation allowance for that year. Those employed between January first and June thirtieth will receive vacation pro rated at the rate of one (1) day per month, but not to exceed five (5) days which cannot be taken prior to July first of the following year.
Thereafter, vacation shall be as follows:
After the first year and through the fourth year, two weeks (ten working days).
From five to seven years, three weeks (fifteen working days).
After seven years, one month (twenty-two working days).
All employees employed shall be entitled to twelve (12) sick leave days each school year as of the first official day of said school year, whether or not they report to duty or not on that day. Unused sick leave days shall be accumulated from year to year with no maximum limit. Sick leave is for bona fide illness and must not be abused. A doctor’s certificate may be required.
Employees shall be given a written accounting of accumulated sick leave days not later than July fifteenth of each school year.
Effective 2011-through 2014 school years, the BOARD shall provide for the payment of accumulated sick leave for individuals who retire at the rate of Seventy Dollars ($70.00) for each day of unused accumulated sick leave up to a maximum of One hundred and twenty-five (125) days of said accumulated unused sick leave. The maximum cost to the BOARD per employee shall not exceed Eight thousand seven hundred fifty ($8,750.00) Dollars.
Payment for overtime shall be at the rate of time and one-half where such overtime exceeds forty (40) hours actually worked in one (1) week. The work week for purposes of the computation commences on Monday.
During snow removal period, personnel will work as assigned. Payment for snow removal work shall be at Double Time rate for each hour of snow removal work whether or not such hours are in excess of the regular forty (40) hours or not. This Double Time provision will apply only when school is closed. When school is not closed due to snow, payment shall be at Time and One-half for hours spent on snow removal regardless of whether or not such hours are in excess of 40 hours. The administration reserves the right to select the number and names of staff members necessary for snow removal.
An overtime option, which will give the employee the choice of pay at time and one-half for overtime worked or compensation time off at straight pay, will become effective in the 1977-78 school year. There will be established a benefit of granting an annual maximum of ten (10) days in compensatory time eighty (80) hours at eight (8) hours per day under the following conditions:
No partial days of compensation time will he granted.
Compensatory time must ordinarily be taken within one (1) month's time of the accrual by an employee of eight (8) hour minimum of overtime. The right to extend the time within which an employee may take earned compensatory time beyond one month is reserved to the Board of Education.
An employee must request a specific day or days compensatory time from his supervisor at least one (1) week in advance when making such a request. He will be required to submit at least three (3) alternate days in order of preference. Employees may refer to supervisor's time sheets to determine the amount of overtime which they have accrued.
Compensatory time can be added to vacation time and to recognized holidays. No more than one (1) employee will be granted compensatory time on any given working day.
Sunday and Holiday overtime shall be at the rate of Double Time when such overtime exceeds (40) hours actually worked in one (1) week. The work week for purposes of computation commences on Monday. Holidays shall be interpreted as those days listed in Article VIII Section A and approved on the official school calendar.
Compensatory time is non-accumulative and cannot be banked from year to year. Employees will be paid on the basis of time and one-half for all overtime not taken as compensatory time one (1) month after accrual, or at the end of the last month of the school year.
Overtime Staffing. The Supervisor of Buildings and Grounds will make an effort to schedule no less than two staff members in the building at one time for projected work for safety reasons to ensure no individual is in the building working alone. The Board of Education reserves the right to schedule one person for non-project work, supervision of the building when the building is open for activities and at other times it is in the best interest of the Board to schedule only one individual.
A. The salary schedule of employees covered by this Agreement for the 2011/12, 2012/13, and 2013/14 School Year shall be as set forth in the Salary Guide Schedule which is attached hereto and made a part hereof.
B. Employment or adjustment in increments or both may be withheld in whole or in part for inefficiency or other good cause in accordance with State Statute.
C. Hourly rates shall be computed at one-twenty eightieth (1/2080) of the annual salary, and the daily rate at one-two fortieth (1/240) of the annual salary.
D. Maintenance Allowance Annual Clothing Stipend for the 2011 through 2014 school years shall be at a rate of $500.00 per year.
E. Evening head custodian annual stipend for school years 2011/12 through 2013/14 will be Two thousand two hundred fifty dollars($2250.00) dollars per year.
F. Perfect Attendance: Maintenance/Custodial employees will receive perfect attendance dollar amounts in accordance with the MREA contract article XVIII (e) of the MREA contract 2010-11 and 2011-2014. the Maintenance/Custodial employees will receive equal to or better payments if a different agreement is reached with the MREA while the MOPS contract is still valid.
G. Personal Days: Maintenance/Custodial employees will be entitled to convert unused personal days on June 30th of each year to sick days.
TEMPORARY LEAVES OF ABSENCE
A. The BOARD OF EDUCATION hereby agrees to provide the following temporary leaves of absence:
1. Personal Leave - Up to three (3) days per- school year, two of which can be used on an emergency basis with approval of the Superintendent. The Superintendent's decision shall be final and nongrievable or arbitrable.
2. Bereavement Leave - In the event of a death in the immediate family of the employee, an allowance of up to five(5) days leave shall be granted. Immediate family for purposes of this Article shall be defined as father, mother, spouse, child, brother, sister or any other relative residing within the immediate household of the employee.
3. Jury Duty - Any member of the custodial or maintenance staff required to serve on jury duty shall be paid their full salary for the length of their service. Any monies paid to the employee by the county shall be refunded to the BOARD OF EDUCATION less mileage reimbursement.
4. Maternity Leave - Maternity Leave shall be granted by the BOARD in conformity with all applicable State and Federal statutes and decisions of appropriate administrative agencies.
5. Emergency - Emergency requests will be considered on the basis of the emergency at the discretion of the Superintendent of Schools without pay.
6. Serious Illness - Serious illness in the family - two days per year for member of the immediate household (mother, father, spouse, child, brother, and sister). Serious family illness to be defined as treatment in emergency room, hospitalization, surgical care or post operative care.
The BOARD shall provide for all employees at its sole cost and expense, medical insurance coverage for each employee, additionally, the Board shall provide for the employee at its sole cost and expense, extended family medical insurance coverage of the type heretofore set forth if the individual employee shall elect same. Effective 7/1/11 the coverage selections will be PPO (Preferred Provider Organization), HMO (Health Maintenance Organization) or POS (Point of Service). If a member wishes to purchase Traditional coverage, they may do so through a Section 125 plan.
All employees participating in employer paid benefits shall contribute towards health benefits. An amount equal to 1.5% of base salary shall be deducted as per PL 2010 Ch 2. Said deduction will be in compliance with IRS section 125 rules and regulations.
Bargaining unit members hired after July 1, 1995 will not receive board paid coverage for prescription. Employees hired after July 1, 1995 will have the option to purchase prescription benefits not paid for by the board of education at the group rates in force at the time in accordance with the provisions and approval of the insurance carrier. Members of the bargaining group not eligible for prescription health benefits coverage will have a $10,000 pool set aside which after June 30th of each year will be distributed based on a proration of the prescription claims verified thru EOB (explanation of benefits). No employee shall obtain benefits in excess of their unpaid prescriptions. Claims will be submitted to the Business Administrator with supporting documentation no later than July 30 for the preceding school year. Payments will be made to the aforesaid members no later than September 30. The co-pay amounts are as follows:
$15 co-pay 2012-2013
$20 co-pay 2013-2014
The BOARD shall provide a Dental Program with the following benefit levels:
Class I - No deductible; 100% of U.C.R.
Class II - $25 deductible; 80% of U.C.R.
Class III & IV - $25 deductible; 50% of U.C.R.
The BOARD hereby reserves the right to change the carrier provided that substantially similar benefits are provided under the new plan.
VACANCIES AND NEW POSITIONS
Notice of all vacancies and positions covered by this Agreement shall be posted in each school by the BOARD OF EDUCATION or representatives thereof within a reasonable time of (1) receipt of a letter or resignation (2) official BOARD action vacating a position or creating a new position within the school system.
The notice shall be posted for five (5) work days and employees interested therein are to submit a written application to the Superintendent or his designee within the aforementioned five (5) work day posting. The notice shall state the name of the job and a short description of the same and shall be posted in the school building.
The Superintendent and BOARD shall determine the qualifications and abilities of all applicants who apply and will make the final selection of its successful applicant. Consideration will be given to the applicant's qualifications, ability and seniority in the district.
The BOARD agrees to deduct from the salaries of its employees subject to this Agreement, dues for the ASSOCIATION. Such deduction shall be made in compliance with Chapter 310, Public Laws of 1967, and N.J.S.A. 52:14-5.9 (e) as amended. Said monies, together with the records of any corrections, shall be transmitted to the ASSOCIATION office by the fifteenth (15th) of each month following the monthly pay period in which deductions were made.
If, during the life of this Agreement, there shall be a change in the rate of membership dues, the ASSOCIATION shall furnish to the BOARD written notice prior to the effective date of such change and shall furnish to the BOARD new authorizations from its members showing the authorized deduction for each employee.
The ASSOCIATION will provide the necessary check-off authorization form and deliver the signed forms to the Superintendent. The Association shall indemnify, defend and save the BOARD harmless against any and all claims, demands, suits or other forms of liability that shall arise out of or by reason of action taken by the BOARD in reliance upon the salary deduction authorization cards submitted by the ASSOCIATION to the BOARD.
Board Policy - This Agreement constitutes BOARD policy for the term of said Agreement, and the BOARD shall carry out the commitments contained herein and give them full force and effect as BOARD policy.
Savings Clause - Except as this Agreement shall other-wise provide, all terms and conditions of employment applicable on the signing date of this Agreement to employees covered by this Agreement as established by the rules, regulations and/or policies of the BOARD in force on said date shall continue to be so applicable during the term of this Agreement. Unless otherwise provided in this Agreement, nothing contained herein shall be interpreted and/or applied so as to eliminate, reduce or otherwise detract from any employee benefit existing prior to its effective date.
Any individual contract between BOARD and an individual employee, heretofore or hereafter executed shall be subject to and consistent with the terms and conditions of this Agreement. If an individual contract contains any language inconsistent with this Agreement, this Agreement, during its duration, shall be controlling.
Copies of this Agreement shall be printed at the expense of the BOARD after agreement with the ASSOCIATION on format within thirty (30) days after the Agreement is signed. The Agreement shall be presented to all employees now employed hereafter employed or considered for employment by the BOARD.
SEPARABILITY AND SAVING
If any provision of this Agreement or any application of this Agreement to any employee or a group of employees is held invalid by operation of law or by a court or other tribunal of competent jurisdiction, such provision shall be inoperative but all other provisions shall not be affected thereby and shall continue in full force and effect.
All employees represented under this agreement hired before July 1, 1986 will have their work week defined as Forty (40) hours per week, Monday through Friday, fifty-two (52) weeks per year from July first through June thirtieth unless otherwise noted in this agreement.
All employees represented under this agreement hired on or after July 1, 1986 will have their work week defined as Forty (40) hours per week; the Superintendent of Schools reserves the right to determine which days will be worked to make the 40 hour work week.
All eligible employees covered under this agreement will receive the following stipends for the possession of each of the following licenses; electrical, pesticide and boiler license. Eligible employees defined as follows:
Employee must have a current boiler license as of July 1st of the School Year
Boiler license must be on display in Monmouth Regional High School
Employees who have received payment for attending class to obtain a boiler license will not receive payment of this stipend during the first year of their eligibility.
All full time custodial and building maintenance employees hired after July 1, 2005 must attain Black Seal License within two years of their hire date.
DURATION OF AGREEMENT
A. This Agreement shall be in full force and effect as of July 1, 2011 and shall remain in full force and effect through June 30, 2014. If either party desires to change, modify or terminate the Agreement, it shall, no later than October 15, 2013, give written notice hereof and furnish a copy of its proposal to the BOARD. In the event no such notice and proposals are received by October 15, 2013, the Agreement shall continue in effect from year to year after June 30, 2014, subject to modification, change or termination by either party upon written notice prior to October 15th of any subsequent year.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed by their authorized representative in Monmouth County, New Jersey, this 7th day of June 2011.
MONMOUTH REGIONAL HIGH MONMOUTH REGIONAL HIGH SCHOOL
SCHOOL BOARD OF EDUCATION MAINTENANCE AND OPERATIONS
SALARY GUIDE FOR JULY 1, 2011 THROUGH JUNE 30, 2014