Contract Between
Tinton Falls B/E-Monmouth
- and -
Tinton Falls EA
* * *
07/01/2006 thru 06/30/2009


CategorySchool District
UnitClerical, Teaching/Professional Staff

Contract Text Below
AGREEMENT

Between


Tinton Falls Board of Education


And



Tinton Falls Education Association



July 1, 2006 – June 30, 2009





















Table of Contents

Article # Description Page #

Article 1 Recognition
Article 2 Negotiation of Successor Agreement
Article 3 Grievance Procedure
Article 4 Employee Rights
Article 5 Association Rights and Privileges
Article 6 School Work Year
Article 7 Working Hours
Article 8 Specialists
Article 9 Transporting Students
Article 10 Employment
Article 11 Salaries
Article 12 Employment Assignment
Article 13 Voluntary Transfers and Reassignments
Article 14 Involuntary Transfers and Reassignments
Article 15 Promotions
Article 16 Home Instruction
Article 17 Employee Evaluation
Article 18 Fair Dismissal Procedure
Article 19 Complaint Procedures
Article 20 Teacher Facilities
Article 21 Deductions From Salary
Article 22 Sick Leave
Article 23 Temporary Leaves of Absence
Article 24 Extended Leaves of Absence
Article 25 Sabbatical Leaves
Article 26 Professional Development & Educational Improvement
Article 27 Supervision of Student Teachers
Article 28 Protection of Employees, Students & Property
Article 29 Maintenance of Classroom Control & Discipline
Article 30 Insurance Protection
Article 31 Board Rights
Article 32 Fully Bargained Provisions
Article 33 Miscellaneous Provisions
Article 34 Duration of Agreement
Schedule A Teacher’s Salary Guide for 2006-2007
Schedule B Teacher’s Salary Guide for 2007-2008
Schedule C Teacher’s Salary Guide for 2008-2009
Schedule D Paraprofessional’s Salary Guide (10 months)
Schedule E Library Clerks Salary (10 months)
Schedule F School Secretaries Salary Guide (11 months)
Schedule G Central Office Secretaries (12 months)
Schedule H Stipend Schedule

ARTICLE I
RECOGNITION

A. UNIT

The Board hereby recognizes the Association as the exclusive and sole representative for collective negotiation concerning terms and conditions of employment for all teaching personnel, social workers ,Learning Disabilities Teacher-Consultants, psychologists, Guidance Counselors, librarians, nurses, paraprofessionals, secretaries, and library clerks, whether under contract or on leave, employed or to be employed by the Board with the exception of the Administrative Secretaries to the Superintendent, Office of Curriculum Instruction and Technology; Payroll Supervisor, and Board Secretary/Business Administrator, And Substitutes.

B. CATEGORIES OF EMPLOYEES

It is hereby understood and agreed that this Agreement covers three categories of Employees, defined as follows:

Category A. All certified personnel, including teachers, social
workers, nurses, librarians, psychologists and
Learning Disabilities Teacher-Consultants, Guidance
Counselors.

Category B. Secretaries and library clerks

Category C. Paraprofessionals.

B. DURATION

The recognition shall continue in effect until a successor representative for collective negotiations shall have been selected and designated pursuant to law or unless sooner terminated according to law.
ARTICLE 2
NEGOTIATION OF SUCCESSOR AGREEMENT

A. DEADLINE DATE

The parties agree to enter into collective negotiations over a successor Agreement in accordance with Chapter 123 of the Public Laws of 1974 and the Rules and Regulations of the Public Employment Relations Commission, in good faith effort to reach agreement on all matters concerning the terms and conditions of employment provided the Association continues as the majority representative during the succeeding year, and



in further negotiations either party may use a professional negotiator to act on its behalf if it so desires.

2. Subject to the foregoing, on or before the twentieth (20th) day of November, the parties shall exchange proposals and negotiations shall commence no later than the Second (2nd) day of January. In the event either of the aforementioned dates occur on a Saturday or Sunday, then the date(s) shall be considered to be the next weekday. If either party believes that successful resolution of all differences cannot be achieved, then and in that event either party shall have available to them the procedures set forth in Chapter 123, Public Laws of 1974, pertaining to mediation, and if that does not succeed, then fact finding or such other methods which are or may hereafter be available by statute of applicable regulations of the Public Employment Relations Commission.

3. All terms and conditions of employment as established by this Agreement on the effective date of this Agreement to the employees designated in Article 1 - Recognition, shall continue to be so applicable during the terms of this Agreement except as the same may be modified or changed as provided by statutes applicable hereto and more particularly Chapter 123, Public Laws of 1974.

The board agrees not to negotiate concerning the terms and conditions of employment of the aforementioned categories of employment other than with the Association as precluding the parties hereto from mutually amending this agreement in writing. This agreement incorporated the entire understanding of the parties as to negotiations between them for the life of the Agreement.

B. MODIFICATION

This Agreement shall not be modified in the whole or in part by the parties except by an instrument in writing duly executed by both parties.


ARTICLE 3
GRIEVANCE PROCEDURE

A.

1. A grievance shall mean a complaint by an employee or the Association that there has been a personal loss or inequity because of violation, misinterpretation or misapplication of a term or condition of employment, policy or administrative decision, to an employee or the Association, provided it does not involve the retention of a nontenure employee. In those articles of the Agreement where the final decision is at the discretion and/or remaining with the Board, such final decision shall not be arbitrable. However, the procedural aspects of the Board’s decision may be arbitrable provided it can be
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demonstrated to the Arbitrator that the procedures of this Article have not been complied with.

A grievance to be considered under this procedure must be initiated within thirty (30) days of its occurrence, within the knowledge of the aggrieved, but under no circumstances will a grievance be processed if three (3) months have elapsed since its actual occurrence.

The purpose of this procedure is to secure, at the least possible level, equitable solutions to grievances. Both parties agree these proceedings shall be kept as informal and confidential as may be appropriate at any level of the procedure.

Since it is important that grievances be processed as quickly as possible, the number of days indicated at each level should be considered as a maximum and every effort should be made to expedite the process. The time limits specified may, however, be extended by mutual agreement. In the event a grievance is filed at such a time that it cannot be processed through all the steps in this procedure by the end of the school year, and if left unresolved until the beginning of the following year, it could result in irreparable harm to a party in interest, the time limits set forth shall be reduced so that the grievance procedure may be exhausted prior to the end of the school year or as soon as is practicable thereafter.

B. PROCEDURE

Any employee (or group of employees) who has a grievance shall discuss it first with the immediate supervisor involved in an attempt to resolve the matter informally (except in a case affecting the Association). In the case of an Association grievance, the association shall present the grievance at the appropriate level where the grievance occurred or at which the protested decision was made. Presentation of a grievance at the Board level under such circumstances shall be processed through the office of the Superintendent (or Designee) as the Board’s representative.

If, as a result of the discussion, the matter is not resolved to the satisfaction of the employee within five (5) school days, the employee shall set forth the grievance in writing to the principal/supervisor, specifying the following:
    The nature of the grievance and the injury, loss, or inequity.
    The results of previous discussions.
    Employee’s dissatisfaction with decisions previously rendered.

Upon receipt of the grievance, the principal/supervisor will send a copy of the grievance to the office of the Superintendent who will forward a copy to the Association. Upon receipt of the grievance, the Association may elect to have a representative or representatives present at all grievance meetings. The principal/supervisor will communicate a decision to the employee, (the Association) or its representatives and the

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Superintendent of Schools, in writing, within three (3) school days of receipt of the written grievance.

The employee may appeal the principal’s/supervisor’s decision to the Superintendent of Schools. The appeal to the Superintendent must be made, in writing reciting the matter submitted to the principal/supervisor as specified above and his or her dissatisfaction with decisions previously rendered. The Superintendent shall attempt to resolve the matter as quickly as possible, but within a period not to exceed ten (10) calendar days. The Superintendent shall communicate a decision, in writing, to the employee, the principal/supervisor and the Association.

If the grievance is not resolved to the grievant’s satisfaction, grievant may request a review by the Board of Education. The request shall be submitted, in writing, through the Superintendent of Schools who shall attach all related papers and forward the request to the Board. The Board, or committee thereof, in its sole discretion, may review the grievance. If the Board is in agreement with the Superintendent, a hearing by the Board may be waived. If the Board, in its sole discretion, determines that a hearing shall be held, a decision shall be rendered, in writing, no later than five (5) days after the second Board meeting of the month in which the grievance is submitted to the Board.

If the Association determines that the grievance is meritorious and does not involve the nonrenewal of a nontenure employee’s contract, except as provided for in Article 18, Fair Dismissal Procedure, it may submit the grievance to arbitration within fifteen (15) work days after the receipt of the request by the aggrieved. A request for a list of arbitrators shall be made to the Public Employment Relations Commission by either party. The parties shall then be bound by the rules of the Public Employment Relations Commission in the selection of an arbitrator. The arbitrator so selected shall confer with representatives of the Board and the Association and shall hold hearings promptly. The arbitrator shall be requested to issue a decision no later than thirty (30) days from the date of the close of the hearing, or if oral hearings have been waived, then from the date the final statements and proofs on the issues are submitted. The arbitrator’s decision shall be in writing and shall set forth the findings, reasoning and conclusions on the issues submitted. The arbitrator shall be without power to make any decision which requires the commission of an act prohibited by law or which violates the terms of this Agreement. The authority of the arbitrator shall be limited solely to the interpretation of the Agreement and the arbitrator shall have no authority to add to, subtract from, or modify any said provisions.

The decision of the arbitrator shall be binding upon the Board and the Association. The cost for the services of the arbitrator shall be shared equally by the Board and the Association, and any other expenses incurred shall be paid by the party incurring same.

At no point prior to an official hearing or meeting of the Board shall any employee or the employee’s representatives discuss with members of the Board, or any one of them, the subject of the employee’s grievance or
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matters relating hereto.

Nothing contained herein shall be construed as limiting the right of any employee having a grievance to discuss the matter informally with an appropriate member of the administration, and having a grievance adjusted without intervention of the Association, provided adjustment is not inconsistent with the terms of the Agreement and that the Association has been given the opportunity to be present at any level and state its views.

The employees, administrators and/or the Board may have representatives or witnesses of their choice in attendance at all levels of the grievance.

All documents, communications and records dealing with the processing of a grievance shall be filed in a separate grievance file and shall not be kept in the personnel file of any of the participants.

If the conditions or terms of this agreement are considered violated, the Board shall also have the right to submit the alleged violations to binding arbitration in accordance with paragraph 5 of this section.

No reprisals of any kind shall be taken by the Board or any member of the administration against any party in interest, any representative, any member of the Association or its committees, or any other participant in this grievance procedure by reason of such participation. Also no reprisals of any kind shall be taken by an employee or the Association against any party in interest, any representative, any member of the Board or its committees, or any other participants in the grievance procedure by reason of such participation.

During the pendency of any hearing the grievant shall continue to perform assigned duties.

C. RIGHTS OF EMPLOYEE TO REPRESENTATION

Any aggrieved person may be represented at all stages of the grievance procedure by self or, at option, by representative selected or approved by the Association. The Association shall have the right to be present and to state its views at all stages of the grievance procedure.

MISCELLANEOUS

If, in the judgment of the Association, a grievance affects a group or class of employees, the Association may submit such grievance in writing to the Superintendent directly and the processing of such grievance shall be commenced at the second level.

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ARTICLE 4
EMPLOYEE RIGHTS

A. RIGHTS AND PROTECTION IN REPRESENTATION

Pursuant to Chapter 123, Public Laws of 1974, the Board hereby agrees that every employee of the Board shall have the right freely to 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 not otherwise restricted by this Agreement. As a duly selected body exercising governmental 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 Chapter 123, Public Laws 1974, or other 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 membership in the Association and its affiliates, participation in activities of the Association and its affiliates, collective negotiations with the Board, or institutions of any grievance, complaint or proceeding under this Agreement or otherwise with respect to any terms or conditions of employment.

B. STATUTORY SAVINGS CLAUSE

Nothing contained herein shall be construed to deny or restrict to any employee or the Board such rights as the employees 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 under the law.

C. GOOD CAUSE PROVISION

No member of any category of employment shall be disciplined, reprimanded, reduced in rank or deprived of any professional advantage, or given an adverse evaluation of professional services except for inefficiency or other good cause. Reduction in rank or being deprived of a professional advantage or given an adverse evaluation shall no longer be subject to the grievance procedure of the contract.

D. REQUIRED MEETING OR HEARINGS

Whenever any employee is required to appear before the superintendent or Superintendent’s designee together with any other person, Board or any committee, member, representative or agent thereof concerning any matter which could adversely affect the continuation of that employee in an office, a position or in employment, or the salary or any increments pertaining hereto, then the employee shall be given prior written notice of the reasons for such meeting or interviews and shall be entitled to have a representative of the Association present to advise and represent the employee during such meeting or interview.
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E. EVALUATION OF STUDENTS

The teacher shall be responsible to determine grades and other evaluations of students within the policies of the Tinton Falls District based upon the teacher’s professional judgment of available criteria pertinent to any given subject area or activity for which the teacher is responsible. No grade or evaluation shall be changed without review and approval by the Superintendent of Schools or his/her designee.

F. CRITICISM OF EMPLOYEES

Any questions or criticism by a supervisor, administrator, or board member of an employee and the employee’s instructional methodology shall be made in confidence and not in the presence of students, parents, or other public gatherings.

G. ASSOCIATION IDENTIFICATION

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

ARTICLE 5
ASSOCIATION RIGHTS AND PRIVILEGES

A. INFORMATION

The Board agrees to furnish to the Association, in response to reasonable requests from time to time, all non-confidential information concerning the educational program and the financial resources of the district.


B. RELEASED TIME FOR MEETINGS

Whenever any representative of the Association or any employee participates during working hours in negotiations, grievance proceedings, conferences, or meetings mutually established by the parties, the employee or the representatives shall suffer no loss in pay.

A total of two (2) days per year shall be granted by the Board to the Association for use by the officers to participate in County and State meetings, conferences, or legislative proceedings. The officer(s) shall suffer no loss in pay.
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C. USE OF SCHOOL BUILDINGS

The Association and its representatives shall have the right to use school buildings at all reasonable hours for meetings. The principal of the building in question shall be notified in advance of the time and place of all such meetings. Approval shall not be unreasonably withheld.

D. USE OF THE SCHOOL EQUIPMENT

The Association shall have the right to use school facilities and equipment designated for employee use, including typewriters, computers, mimeographing machines, machines, other duplicating equipment, calculating machines, and all types of audio visual equipment at reasonable times, when such equipment is not otherwise in use. The Association shall pay at Board cost all materials and supplies used and for any repairs necessitated as a result thereof.

E. BULLETIN BOARDS
    The Association shall have, in each school building, the exclusive use of a bulletin board in each faculty lounge and employee’s dining room. The Association shall also be assigned adequate space on the bulletin board in the central office for Association notices. The location of the Association bulletin boards in each room shall be designated by the Association. All material placed on any bulletin boards so provided must bear the signature of an authorized representative of the Association.

    F. MAIL FACILITIES AND MAIL BOXES

    The Association shall have the right to use the inter-school mail facilities and school mail boxes as it deems necessary and without the approval of building principals or other members of the administration.

    G. RELEASED TIME FOR FACULTY REPRESENTATIVE

    When circumstances so require, the superintendent (at his/her discretion) may provide released time to the representative designated by the Association for activity related to the enforcement of this Agreement, it being understood that such activity should normally be carried on after school hours. Said time is to be in addition to regularly scheduled preparation time and lunch period as provided in this Agreement.

    H. EXCLUSIVE RIGHTS

    The rights and privileges of the Association 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 organizations.


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    ARTICLE 6
    SCHOOL WORK YEAR

    A. LENGTH OF WORK YEAR

    1. Category A Ten (10) month personnel: The in-school
    work year for Category A employees on
    a ten month basis (other than new personnel
    who may be required to attend an additional
    one (1) day of orientation) shall not exceed
    one hundred eighty five (185) days,
    of which one hundred eighty (180)
    are instructional days, including one (1) day
    of orientation, and up to two (2) days of
    training for professional development as
    determined by the Administration.

    2. Category B
            Central office secretaries – all central office
            secretaries shall work twelve (12) months.
            Their vacation schedule, as approved by the
            Superintendent of Schools, shall be as follows:

    Employment Vacation Days

    1st Year One (1) day per month
    not to exceed ten (10)
    days.

    2nd through Ten (10) working days.
    5th Year

    6th through Fifteen (15) working days.
    11th Year.

    12th Year Twenty (20) working days.
    And over.
            School secretaries – all school secretaries will work
            eleven (11) months during the calendar year, for a
            total of two hundred thirteen (213) days. Within
            said two hundred thirteen (213) days all school
            secretaries shall work the week prior to the

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    opening of the schools.
            3. Library clerks – all library clerks shall be hired for ten (10) month positions and shall work one hundred ninety-five (195) days including five (5) days prior to Category A members’ work schedule and (5) days after Category A members’ work schedule.
    3. Category C Paraprofessionals shall be hired for ten (10) month work schedule positions.
    B. INCLEMENT WEATHER

    1. Categories A, B, and C: Attendance shall not be required whenever student attendance is not required due to inclement weather.

    ARTICLE 7
    WORKING HOURS

    A. LENGTH OF THE DAY

    1. Category A

    7 hours, 15 minute Day

    5 hours, 25 minutes per day - direct instruction

    45 minutes per day duty free – lunch

    200 minutes per week minimum – preparation

    20 minutes per day – this shall include ten (10) minutes before student arrival and ten (10) minutes after school dismissal. It is understood these ten (10) minute periods are intended to be utilized by certified teachers as student supervision time or in emergency situations as provided by State statutes. An emergency situation consists of an unforeseen event that involves the health or safety of a student or staff member, and is of such urgency as to require immediate action.

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      2. Category B: Secretaries and library clerks. The daily work schedule shall be determined on an individual basis by the immediate supervisor but not more than eight (8) hours per day and one (1) hour allowance for lunch, or seven (7) actual work hours per day. Duties of secretaries and library clerks shall be in accordance with job descriptions and as assigned by their immediate supervisor.
      Category C: Paraprofessionals

    7 Hours, 15 Minute Day

    6 hours, 30 minutes per day – instructional assistance

    45 minutes per day duty free – lunch


    B. SUMMER (JULY AND AUGUST) HOURS – SECRETARIES
      1. Summer (July and August) hours for central office secretaries shall be 8:00 a.m. to 3:30 p.m., including a thirty minute lunch on Monday through Thursday, and 8:00 a. m. through 11:30 a.m. on Friday with no lunch break.
        2. Summer (July and August) hours for school secretaries shall be 8:00 a.m. to 3:30 p.m., including a thirty minute lunch on Monday through Thursday, and 8:00 a.m. to 11:30 a.m.. on Friday with no lunch break.
        C. EXTRA PAY FOR EXTRA SERVICE
          1. Category A and Category C: Who are required to work beyond the regular in-school work year as defined in ARTICLE 6, or beyond the employee’s total in-school work day, shall be compensated at one twelve-hundredth (1/1200) of the employee’s annual contract per hour.
            2. Category B: Each secretary shall receive overtime pay for each hour of work performed beyond 35 hours per week, calculated at one and one half times (1 ) his/her hourly wage. This provision shall apply to both full-time employees and part-time employers
            D. LUNCH PERIODS
              Personnel in Categories A, B and C may leave the building during their scheduled duty-free lunch periods upon notifying the office.

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            E. MEETINGS

            Faculty and other.
              Teachers may be required to remain after the end of the regular workday, without additional compensation, for the purpose of attending faculty or other professional meetings. Such meetings shall begin no later than ten (10) minutes after the student dismissal time. The administration shall limit the numbers of meetings to three (3) per month and not more than sixty (60) minutes in length. Only one of the three meetings shall be utilized by the building administrator and the remaining two shall be utilized at the designation of the superintendent. The allotted number of three meetings per month does not stipulate their being scheduled if the need does not exist.

              Prior to holidays to holidays and weekends.

              Meetings which take place after the regular in-school workday and which require attendance shall not be called on Fridays or on any day immediately preceding any Holidays, or other day upon which teacher attendance is not required at school except in emergencies.

              Notice and agenda.

              The notice of and tentative agenda for any meeting shall be given to the teachers involved at least three (3) working days prior to meetings, except in an emergency. Teachers shall have the opportunity to suggest items for the agenda and the administration shall have the right to add items to the agenda as necessary.

              F. PREPARATION TIME

              Full time classroom teachers shall have a minimum of two hundred (200) minutes of preparation time per week during which they shall not be assigned to any other duties. Part time classroom teachers that teach four (4) periods per day shall have one hundred (100) minutes of preparation time per week.

              G. EXTRACURRICULAR ACTIVITIES

              Salary.

              Teacher participation in extracurricular activities which extend the regular scheduled in-school day shall be voluntary, and shall be compensated according to the rate of pay and/or released time in Schedule H.
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              H. SCHEDULING COMMITTEE

              Each building shall have a committee to provide input into the development of an instructional schedule for that building. This committee will be represented by the building administrator and at least three staff members who will be agreed upon jointly by the building administrator and the chief building Association Representative. Staff members shall be compensated at the curriculum rate of pay for their services unless their duties are performed during monthly meetings as designated in this contract.

              ARTICLE 8
              SPECIALISTS


              A. SUBSTITUTES


              The Board agrees at all times to maintain an adequate list of substitutes for all Categories of employees who shall be provided with appropriate orientation and training by the administration to help them comply with their duties.


              ARTICLE 9


              A. APPLICATION

              Transporting students

              Employees shall not be required to drive students.

              ARTICLE 10

              EMPLOYMENT


              A. PLACEMENT ON SALARY SCHEDULE

              Adjustment to salary schedule

              Each employee shall be placed on the proper step of the salary schedule at the beginning of the school year. Any personnel employed prior to February 1 of any school year shall be given full credit for one (1) year of service toward the next increment step for the following year.

              B. PREVIOUS SICK LEAVE ACCUMULATION

              Previously accumulated unused leave days, not to exceed ten (10) days, shall be restored to all employees returning to the district.
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              C. NOTIFICATION OF CONTRACT AND SALARY

              Personnel in Categories A, B and C shall be notified of their contract and salary status for the ensuing year no later than May 15.
              ARTICLE 11
              SALARIES

              A. SALARY SCHEDULE

              The salary of each personnel in Categories A, B and C covered by this Agreement is set forth in Schedules attached hereto and made part hereof.

              It is understood and agreed between the parties that as a general principle, the board, when hiring an experienced person, will not initially place that person on a step of the Salary Guide higher than the step which a current employee with equivalent experience would have reached.

              B. PROCEDURE FOR WITHHOLDING EMPLOYMENT OR ADJUSTMENT INCREMENTS

              That the procedures be adhered to as outlined in Title 18A of the Revised Statutes of the State of New Jersey and Title 6 of the New Jersey Administrative Code.

              C. METHOD OF PAYMENT

              1. Twelve (12) month. Each employee employed for twelve (12) months shall be paid in twenty-four (24) semi-monthly installments.

              2. Ten (10) months. Each employee employed shall have the option of being paid in twenty (20) equal semi-monthly installments.

              3. Summer pay plan. Each employee may individually select to have ten percent (10%) of his/her monthly salary deducted.

              4. Exceptions: When a pay day falls on or during a school holiday, vacation or weekend, employees shall receive their pay checks on the last previous working day, unless an emergency exists.

              5. Final pay. Each employee shall receive final pay on the last working day in June provided all duties and obligations have been fulfilled.

              D. SCHEDULE OF PAYMENT OF STIPENDS

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              No stipends will be paid unless the principal signs off that all responsibilities, including returning equipment and uniforms, have been met. District-wide payment of individual stipend positions for the school year will be as follows:
              ACTIVITY/POSITION PAYMENT DATES

              A. Activities that extend from (Sept to June) on Dec. 15th and on June 15th.
              B Seasonal Activities
              Fall Full – November 30th
              Winter Full – February 28th
              Spring Full – May 30th
              ARTICLE 12
              EMPLOYMENT ASSIGNMENT


              A. NOTIFICATION
                Date for presently employed members of Categories A, B and C.

              All members of Categories A, B and C shall be given written notice of their salary Schedules, class and/or subject assignments, building assignments, room assignments and Team assignments at Tinton Falls Middle School, for the forthcoming year not later than August 1 of each school year, except in the case of an emergency. A list of said schedules and assignments shall be simultaneously sent to the Association.
                Revisions.

              In the event that changes in such schedules, class and/or subject assignments, building assignments, or room assignments are proposed after August 1 of each year, the Association and any employee affected shall be notified promptly in writing and, upon the request of the employee and the Association, the changes shall be promptly reviewed between the Superintendent (or representative) and the employee affected, and, at the employee’s option, a representative of the Association.

              B. TRAVELING EMPLOYEES

              1. Schedules.

              Schedules of employees who are assigned to more than one school shall be arranged so that no employee shall be required to engage in an unreasonable amount of inter-school travel. Such employees shall be notified of any changes in their schedules as soon as possible.

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              2. Expenses

              Employees who may be required to use their own automobiles in the performance of their duties and employees who are assigned to more than on (1) school per day shall be reimbursed for all such travel at the I.R.S. rate for all driving done between arrival at the first location at the beginning of the workday, provided, however, that the distance from the employee’s home to the first location or from the employee’s last location to home, is greater than the distance between the employee’s home and the base school. The employee shall be reimbursed for the difference at the I.R.S. rate.
              ARTICLE 13
              VOLUNTARY TRANSFERS AND REASSIGNMENTS

              A. NOTIFICATIONS OF VACANCIES

              1. Date

              As soon as awareness of vacancies occurs, the Superintendent shall deliver to the Association and post in all school buildings a list of the known vacancies on the main office bulletin boards and on the faculty room bulletin boards. All in house applicants shall have ten (10) days from the date of posting to submit applications.
                2. Filing requests

              Employees who desire a change in grade and/or subject assignment, or who desire to transfer to another building, may file a written statement of such desire with the Superintendent. Such statement shall include the grade and/or subject and the school or schools to which the employee desires to be assigned, in order of preference. Such requests for transfers and reassignments for the following year shall be submitted not later than March 31 unless the position is posted later.
              ARTICLE 14
              INVOLUNTARY TRANSFERS AND REASSIGNMENTS

              A. NOTICE

              Notice of an involuntary transfer or reassignment shall be given to employees as soon as practical, and except in cases of emergency not later than June 15.

              B. MEETING AND APPEAL
              An involuntary transfer or reassignment shall be made only after a meeting between the employee involved and the Superintendent or his/her designee, at which time the employee shall be notified of the reason therefore. In the event that an employee objects to the transfer or reassignment, upon the 16
              request of the employee, the Superintendent or his/her designee and the employee shall meet, and the employee may, at option, have an association representative present at such meeting.

              Grade level assignments, as opposed to building transfers, may be managed by the principals.
              ARTICLE 15
              PROMOTIONS

              A. PROMOTIONAL POSITIONS

              All vacancies in promotional positions, including specialists and/or special projects, teachers, pupil personnel workers and positions in program funded by the federal government shall be adequately publicized by the Superintendent.

              B. CRITERIA FOR NOTICE

              The qualifications for the position, its duties, and the rate of compensation, shall be clearly set forth. All positions shall be posted in each main office and faculty room and a copy submitted to the Association president. All applicants shall have ten (10) days from the date of posting to submit applications.

              C. OPTION

              All qualified members of employment in Categories A, B and C shall be given adequate opportunity to make application and no position should be filled until all properly submitted applications have been considered.
              ARTICLE 16
              HOME INSTRUCTION

              A. SALARY

              The Board will pay the current rate of pay in (Schedule H) for home instruction and the current cost of mileage.

              B. ADDITIONAL FUNDS

              Materials and supplies necessary in carrying out the home instructional program shall be supplied by the Board.
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              ARTICLE 17
              EMPLOYEE EVALUATION


              EMPLOYEE EVALUATION

              Supervisions, observations, and evaluations shall be conducted pursuant to N.J.A.C. 6:3-4.1 and N.J.A.C. 6:3-4.3 and the requirements contained therein are incorporated into this agreement by reference.

              All administrators will share the evaluative instrument with the employees to clarify the evaluative procedure and discuss his/her expectations of teacher performance. This may be conducted by the administrator either on a one-to-one basis or with a particular group of teaching staff members (i.e. tenured and non-tenured staff). An individual post-observation will be held within ten (10) working days of the observation for the purpose of sharing the evaluation, which should reflect a constructive analysis of the teacher’s work. It is understood that the administrators have the right to make unscheduled observations at any time.

              General Criteria
                  1. Open Evaluation

              All monitoring or observation of the work performance of an employee shall be conducted openly and with full knowledge of the employees.

              2. Copies of Evaluation
              An employee shall be given a copy of any class or office visit or evaluation report prepared by the evaluators at least one (1) day before any conference to discuss it, unless parties mutually agree to meet sooner. No such report shall be submitted to the central office, placed in the employee’s file or otherwise acted upon without prior conference with the employee.
                Personnel Records
                  1. File

              An employee shall the right, upon request, to review the contents of his/her personnel file and to receive a copy at Board expense of any documents contained therein. An employee shall be entitled to have a representative present during such review. This right shall not include correspondence dealing with one’s experience prior to employment in the district.

              18
              2. Derogatory Material
              No material derogatory to an employee’s conduct, service, character or personality shall be placed in the employee’s personnel file, unless the employee has had an opportunity to review the material. The employee shall acknowledge the opportunity to review such material by affixing his/her signature to the copy to be filed, with the express understanding that such signature in no way indicates agreement with the contents thereof. The employee shall also have the right to submit a written answer to such material and the answer shall be reviewed by the Superintendent or designee and attached to the file copy.
                  3. No separate file.

              Although the Board agrees to protect the confidentiality of personal references, academic credentials and other similar documents, it shall not establish any separate personnel file which is not available for the employee’s inspection, unless otherwise provided for within this ARTICLE.

              E. Termination of Employment

              Final evaluation of an employee upon termination of employment shall be concluded prior to severance and no documents and /or other material shall be placed in the personnel file of such employee after severance, or otherwise than in accordance with the procedures set forth in this ARTICLE.

              ARTICLE 18
              FAIR DISMISSAL PROCEDURE

              A. NOTIFICATION OF STATUS

              1. On or before May 15 of each year the Board shall give to each non-tenure member continuously employed since the preceding September 30 either:
              a. A written offer of a contract for employment for the next succeeding year providing for at least the same terms and conditions of employment, but with such increases in salary and benefits as may be required by law or agreement between the Board and the Association, or
                  b. A written notice that such employment shall not be offered.

              B. FAIR DISMISSAL AGREEMENT

              1. The Board and the Association agree that dismissal of any employee covered by this contract shall be based on fair and equitable reasons, with full recognition of all employee rights contained in Article 3 and Article 4 of this Contract.
              19
              2. All requirements of Title 18A of the Revised Statutes of the State of New Jersey and Title 6 of the New Jersey Administrative Code shall be complied with in all respects.
              ARTICLE 19
              COMPLAINT PROCEDURES

              A. PROCEDURAL REQUIREMENT

              Any complaints regarding an employee made to any member of the administration by a parent, student, or other person, which are used in the evaluation of the employee in any manner, shall be brought to the employee’s attention. The employee shall have the right to be represented by the Association and/or its designated representative at any meetings or conferences regarding such complaint. Complaints based on hearsay or received from anonymous sources shall summarily be disregarded.
              ARTICLE 20
              TEACHER FACILITIES

              A. LISTING OF FACILITIES

              1. Provided that no capital improvement shall be required reasonable space shall be provided for each teacher within each instructional area in which he/she teaches to store instructional materials and supplies.

              2. An appropriately furnished room shall be reserved for the exclusive use of teachers as faculty lounge. The faculty lounge shall be clean, comfortable, safe and include sufficient furnishings to seat an increasing number of employees. Although teachers shall be expected to exercise reasonable care in maintaining the appearance and cleanliness of said lounge, it shall be regularly cleaned by the school’s custodial staff.

              3. Private telephones shall be provided in each faculty lounge of any room used as a faculty lounge.

              4. A serviceable desk, chair and filing cabinet for the exclusive use of each teacher shall be provided.

              5. The Board will maintain a communication system so that the teachers can communicate with the main building office from their classrooms.

              6. Well-lighted and clean teacher rest rooms, separate for each sex and separate from the student’s rest rooms shall be provided.

              20
              7. Suitable, private closet space with lock and key for each teacher shall be provided.
              ARTICLE 21
              DEDUCTIONS FROM SALARY

              A. ASSOCIATION PAYROLL DUES DEDUCTION

              1. The Board agrees to deduct from the salaries of its employees dues for the Tinton Falls Education Association, the Monmouth County Education Association, the New Jersey Education Association, and the National Education Association. Such deductions shall be made in compliance with Chapter 233, N.J. Public Laws of 1969 (N.J.S.A.52:14-15.9e) and under rules 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 Association by the 15th of each month following the monthly pay period in which the deductions were made. The person designated shall disburse such monies to the appropriate association or associations.

              2. Each of the associations named above shall certify to the Board, in writing, the current rate of its membership dues. Any Association which shall change the rate of its membership dues shall give the Board written notice prior to the effective date of such change.

              B. AGENCY SHOP

              1. If any employee does not become a member of the Association during any membership year which is covered in whole or part by this Agreement, said employee will be required to pay a representation fee to the Association for that membership 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.

              2. Prior to the beginning of each membership year, the amount of said representation fee shall be certified to the Board by the Association, which amount shall be 85% of the regular membership dues, fees and assessments charged by the Association to its own membership.

              3. Once during each membership year covered in whole or in part by this Agreement the Association will submit to the Board a list of those employees who have not become members of the Association for the then current membership year. The Board will deduct the representation fee in equal installments, as nearly as possible from the paycheck paid to each employee on the aforesaid list during the remainder of the membership year in question.

              4. The employer shall remit the amount deducted to the Association monthly, on or before the 15th of the month following the month in which such deductions were made.
              21
              5. These deductions shall commence thirty (30) days after the beginning of employment in the unit.
              ARTICLE 22
              SICK LEAVE

              A. ACCUMULATIVE

              As of September 1 of each year, all employees shall be entitled to thirteen (13) sick leave days each school year as of the first official day of said school year whether or not they report for duty on that day. Unused sick leave days shall be accumulated from year to year with no maximum limit.

              B.TRANSFERS FROM OTHER DISTRICTS

              Each school year as of September 1, whenever the Board employs any of the above mentioned employees who has unused accumulation of sick leave days from another school district in New Jersey, the board shall grant additional sick leave credit not to exceed ten (10) days or such lesser amount as may have been accumulated in the former district in addition to the annual and accumulated sick leave as provided for in Section A of this Article.

              1. The accumulation of sick leave days from another district shall be credited in accordance with procedure outlined above after certification from the prior employing school district. The days of sick leave so credited may be used immediately, or, if not so used, shall be accumulative for additional leave thereafter as may be needed.

              C. NONACCUMULATIVE

              Illness in the family.

              In case of illness of parent, brother, sister, husband, wife, child or other relative in the immediate family, an employee shall be entitled to not more than three (3) school days during the school year.

              D. NOTIFICATION OF ACCUMULATION

              Employees shall be given a written accounting of accumulated sick leave days as early as possible in each school year.
              22
              E. UNUSED ACCUMULATIVE
                  1. Category A: Members of this category shall be paid as follows:

              $60.00 per day with a maximum of 120 days.
                  2. Category B: Members of this category shall be paid as follows:
                      $48.00 per day with a maximum of 120 days.

                  3. Category C: Members of this category shall be paid as follows:
                      $48.00 per day with a maximum of 120 days.

              In order to be eligible for this benefit, retiring employees must give notice of intention to retire not later than December 15, of the year preceding the year of their retirement. If notice is not given in timely fashion, payment of the retirement sick leave benefit shall be delayed until the budget year following the date of retirement.
              ARTICLE 23
              TEMPORARY LEAVES OF ABSENCE

              A.TYPES OF LEAVES

              As of the beginning of each school year, employees shall be entitled to the following temporary non-accumulative leaves of absence with full pay each school year.
                  1. Personal

              Three (3) days leave of absence for personal, business, household or family matter, which shall require absence during school hours.

              The administration shall have two (2) days prior notice (except in case of emergencies) and the applicant for such leave shall not be required to state the reason for taking such leave other than it is being taken under this section.

              Personal leave shall not be taken before or after any school holiday. In the event of extenuating circumstances, application shall be made to the Superintendent of Schools for consideration for exception. Written documentation shall be provided by the applicant upon request by the Superintendent.

              Unused personal days shall be converted to the employee’s sick day bank at the end of each school year.
              23
                  2. Death

              Up to five (5) days at any one time in the event of death of any employee’s immediate family. The immediate family is defined as follows: (1) husband, wife, children, and any other members of the same house; (2) father and mother; (3) sisters and brothers; (4) grandparents, (5) grandchildren; (6) any person who has functioned in the capacity of a mother or father in the absence of the employees natural parents; (7) mother-in-law and father-in-law. Two (2) days of travel, if requested, will be considered by the Superintendent in the case of death in the immediate family.

              Up to two (2) days per year for a family member that is not a member of the employee’s immediate family, as defined above; use of personal days required thereafter. Employees shall be granted up to one (1) day in the event of death of an employee’s friend outside of the employee’s immediate family defined above. In the event of the death of an employee or student in the Tinton Falls School District, the principal or immediate superior of said employee or student shall grant to an appropriate number of employees sufficient time off to attend the funeral.

              3. Religious.

              Time shall be allowed for observance of religious holidays, where said observance prevents the employee from working on said days.

              4. Visitation and Conferences.

              An employee, upon request to the Superintendent, may be granted two (2) days to visit other schools or to attend education conferences without the loss of salary. The Superintendent may grant up to five (5) days for specific professional events.

              5. Legal

              Time necessary will be allowed for appearance in any legal proceeding connected with the employee’s employment or with the school system, or in any other legal proceeding if the employee is required by law to attend. The Board will allow one (1) day’s absence with pay when an employee is subpoenaed by the Court, or is a principal in the case, regardless of fault. Anything beyond this will be at the discretion of the Superintendent. Appropriate proof of the legal proceeding must be provided in all situations.

              6. Marriage
                Any employee is allowed three (3) days for his or her marriage, but must pay the substitute’s salary for this period, if a substitute is required.

                7. Temporary Military
                24
                Military leave will be granted up to a maximum of ten (10) working days a school Year for persons called into temporary active duty of any unit of the U.S. Reserves or the State National Guard. The employee may elect to receive regular pay or their military pay and allowance for the period they are granted leave. If they elect to receive regular pay from the Board then all military pay and allowances will be forfeited to the district.

                8. Good Cause

                Other leaves of absence with pay may be granted by the Board for good cause.
                  B. IN ADDITION TO SICK LEAVE

                  Leave taken pursuant to Section A above shall be in addition to any sick leave to which the employee is entitled.
                  ARTICLE 24
                  EXTENDED LEAVES OF ABSENCE

                  A. INTERNATIONAL AND FEDERAL PROGRAMS

                  A leave of absence without pay of up to two (2) years shall be granted to any employee who joins the Peace Corps, VISTA or National Teacher Corps.

                  B. MILITARY

                  Military leave without pay shall be granted to any employee who is inducted or enlists in any branch of the armed forces of the United States for the period of up to one (1) year and three (3) months thereafter, or three (3) months after recovery of any wound or sickness at the time of discharge.

                  C. MATERNITY/PATERNITY

                  1. Natural birth.

                  The Board shall grant maternity/paternity leave without pay to any employee upon request subject to the following stipulations and limitation:

                  a. Maternity/Paternity leave shall commence on the date requested by the employee.

                  b. Any employee granted maternity/paternity leave without pay according to the provisions of this section may be at her/his discretion elect to substitute all or any
                  25
                  part of accumulated sick leave in lieu thereof and receive full pay and benefits for the same.

                  c. Any employee granted maternity/paternity leave shall upon request be restored to the employee position vacated, and where possible at the discretion of the administration the same subject area and grade level vacated at the commencement of said leave unless the employee willingly accepts another position.

                  d. No employee shall be prevented from returning to work after childbirth solely on the ground that there has not been a time lapse between childbirth and the desired date of return.

                  e. The board shall not remove any employee from her duties during her pregnancy unless the employee cannot produce a certificate from her physician stating that she is medically able to continue employment.

                  2. Adoption

                  Any employee adopting an infant child shall receive identical leave which shall commence upon his/her receiving de facto custody of said infant or earlier if necessary to fulfill the requirements for the adoption.

                  D. ILLNESS IN FAMILY

                  A tenure employee shall be granted a leave of absence without pay of up to one (1) year for the purpose of caring for a sick member of the tenure employee’s immediate family. Additional leave may be granted at the discretion of the Board.

                  E. GOOD CAUSE

                  Other leaves of absence without pay may be granted by the Board for good cause.

                  F. RETURN FROM LEAVE
                      1. Salary

                  Upon return from leave granted pursuant to Section A, B or C of this ARTICLE, an employee shall be considered as if he/she were actively employed by the Board during the leave and shall be placed on the salary schedule at the level that would have been achieved if the employee had not been absent. An employee shall not receive increment credit for time spent on a leave granted pursuant to Section D or E of this ARTICLE.
                      2. Benefits
                  26
                  All benefits to which an employee was entitled at the time the leave of absence commenced, including unused accumulated sick leave and credits toward sabbatical eligibility, shall be restored upon the employee’s return. The employee shall be assigned to the same position held at the time said leave commenced, if available, or if not, to a substantially equivalent position.

                  G. EXTENSIONS AND RENEWALS

                  All extensions or renewals of leaves shall be applied for and granted in writing.
                  ARTICLE 25
                  SABBATICAL LEAVES

                  A. PURPOSE

                  A sabbatical leave shall be granted to a teacher by the Board for study, including study in another area of specialization, if approved by the Superintendent of Schools.

                  B. CONDITIONS

                  Sabbatical leave, if granted, as set forth in Paragraph A, shall be subject to the following conditions:

                  1. Percentage of teachers

                  If there are sufficient qualified applicants a sabbatical leave shall be granted to one teacher each school year if approved by the Superintendent of Schools. If more than one teacher applies and they meet all requirements stated herein, the one who has been with the district longer shall receive the leave.
                      2. Request

                  Requests for sabbatical leave must be received by the Superintendent, in writing, no later than January 1, and action must be taken on all such requests no later than March 1 of the school year preceding the school year for which the sabbatical leave is requested.
                      3. Minimum time to qualify

                  The teacher must have completed at least seven (7) full school years of service in the Tinton Falls School District.

                  27
                      4. Pay
                  A teacher on sabbatical leave, either for one-half (1/2) of a school year or a full school year, shall be paid by the Board at fifty percent (50%) of the salary rate which the teacher would have received if he/she had remained on active duty.
                      Return

                  Upon return from sabbatical leave, a teacher shall be placed on the salary schedule at the level which would have been achieved had the teacher remained actively employed in the system during the period of absence.
                      Compulsory Service

                  Any teacher granted a sabbatical leave must remain in the employ of the Board of Education for at least one (1) year after completion of the leave.
                  ARTICLE 26
                  PROFESSIONAL DEVELOPMENT AND EDUCATIONAL IMPROVEMENT

                  A. PROGRAMS

                  The Board agrees to implement the following at the beginning of each school year:
                      1. Pay and expenses for required training.
                  The Board shall pay the full cost of tuition and other reasonable expenses incurred in connection with any course, workshops, seminars, conferences, in-service training sessions, or other such sessions which an employee is required and/or requested by the administration to take. This shall not apply for certification requirements.
                      2. Reimbursement for Professional Development

                  Reimbursement for meals shall be limited up to Fifty Dollars ($50.00) per day, Lodging shall be at the conference rate, and transportation shall be at the prevailing I.R.S. rate. Reimbursement shall be limited to attendance out of district.

                      3. Tuition reimbursement

                  In addition, the Board shall pay the College of New Jersey rate for courses approved by the Superintendent not to exceed eighteen (18) credits in any one year, provided, however, that a passing grade is obtained in the approved course. Courses which are required to hold a position to complete requirements for full certification will not apply. Employees seeking reimbursement shall provide the Board with thirty (30) days notice to get reimbursement for courses. The submission shall be as follows:
                  28
                  Submit by October 1 to get paid by November 1.

                  Submit by February 1 to get paid by March 1.
                      Payment of Mentor Teachers.
                      The new teacher will pay $500 to the mentor teacher.
                  ARTICLE 27
                  SUPERVISION OF STUDENT TEACHERS
                    A. PROCEDURE

                    The following procedures shall govern the supervision of student teachers.
                        1. Released time

                    Each cooperating teacher shall be provided with released time with pay for attendance at regularly scheduled orientation and evaluation sessions sponsored by a student teacher’s college or university when required.
                        2. Materials and supplies

                    Upon request, a cooperating teacher shall be provided with duplicate copy of all instructional materials and teacher manuals for use by the student teacher assigned.

                    ARTICLE 28
                    PROTECTION OF EMPLOYEES, STUDENTS AND PROPERTY

                    A. REASONABLE FORCE

                    Reasonable force by an employee shall be as specified in N.J.S.18A:6-1.

                    B. INDEMNITY OF OFFICERS AND EMPLOYEES AGAINST CIVIL ACTION

                    Officers and employees shall be indemnified against any civil action pursuant to the terms and conditions specified in N.J.S.18A:16-6.

                    C. INDEMNITY OF OFFICERS AND EMPLOYEES IN CERTAIN CRIMINAL ACTIONS

                    Officers and employees shall be indemnified against certain criminal actions pursuant to the terms and conditions specified in N.J.S.18A:16-6.1
                    29
                    ARTICLE 29
                    MAINTENANCE OF CLASSROOM CONTROL AND DISCIPLINE

                    A. DEFINITION OF RESPONSIBILITIES

                    A brief definition of the duties and responsibilities of all administrators, supervisors and other personnel pertaining to student behavior shall be reduced to writing by the principal of each school, and if approved by the Superintendent, presented to each teacher at the start of each school year.
                    ARTICLE 30
                    INSURANCE PROTECTION

                    A. FULL HEALTH-CARE COVERAGE

                    As of the beginning of each school year, the Board shall provide the health-care Insurance protection designated below. The Board shall pay the full premium, as limited below, for each full-time employee.
                        Carrier

                    The health insurance carrier shall be New Jersey State Health Benefit Plan for the basic hospitalization, medical-surgical coverage, major-medical coverage, and prescription drug coverage through the prescription drug cost reimbursement program which is part of the Traditional and N.J. Plus components of the SHBP or through the HMO’s under the SHBP, or alternate coverage as permitted by State Law.
                        Complete annual coverage

                    For each employee who remains in the employ of the Board for the full school year, the Board shall make payment of insurance premiums to provide insurance coverage for the full twelve (12) month period commencing September 1st and ending August 31st.

                    B. DESCRIPTION TO ELIGIBLE EMPLOYEES

                    The Board shall provide each employee a description of the health-care insurance coverage provided under the ARTICLE, no later than the beginning of each school year, which shall include a clear description of conditions and limits of coverage as listed above.

                    C. DENTAL COVERAGE

                    The Board shall provide full family coverage for dental coverage as is presently provided. The Board shall pay the premium cost for this coverage at rates
                    30
                    in effect during the life of this agreement, as limited below. The Present cap shall be increased to the rates in effect on June 30, 2006. Effective with the next renewal of the dental plan after June 30, 2006, the per person annual maximum shall be changed from $1,000 to $1,250.

                    D. MEDICAL INSURANCE CONTRIBUTIONS
                        1. Effective July 1, 2006 all employees shall contribute 5% of the total cost of dependent medical coverage and the Board shall pay 95% of the cost of dependent medical coverage. Employees who are on the payroll on the last pay day in June 2006 who are receiving “single only” coverage for health insurance on July 1, 2006 shall receive a “one-time only” non-pensionable payment of two hundred dollars ($200).
                        2. The parties shall develop the 125 plan for this contribution to be implemented as soon thereafter the contribution takes effect. This plan shall be implemented no later than June 30, 2003.
                        3. The medical plan shall be retroactive to July 1, 2002 if the carrier provides.

                    E. CHANGE TO HMO – SHARING OF SAVINGS

                    1. Any employee that is in the traditional plan and changes to any HMO shall receive fifty (50%) of the savings realized by such a change. The other fifty percent (50%) savings shall go to the Board of Education.
                      ARTICLE 31
                      BOARD RIGHTS

                      A. The Board on its own behalf and on behalf of the Citizens of the Borough of Tinton Falls and Shrewsbury Township, County of Monmouth and the State of New Jersey, hereby retains and reserves unto itself, all powers, rights, authority, duties and responsibilities conferred upon and vested in it prior to the signing of this Agreement by The Laws and Constitution of the State of New Jersey and the United States.
                        B. The exercise of the powers, rights, authority, duties and responsibilities of the Board, the adoption of policies, rules, regulations and practices in furtherance thereof, and use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this Agreement, and only to the extent such specific and express terms hereof are in conformance with the Constitution and Laws of the State of New Jersey and of the United States.
                          C. Nothing contained herein shall be construed to deny or restrict the Board of its powers, rights, authority, duties and responsibilities under
                          31

                          N.J.S.18A or any other national, state, county, district or local laws or regulations as they pertain to education, except as specifically and expressly modified by this Agreement.

                          ARTICLE 32
                          FULLY BARGAINED PROVISIONS

                          This Agreement represents and incorporates the complete and final understanding and settlement by the parties of all bargainable issues which were or could have been subject of negotiations. During the term of this Agreement, the Board of Education will communicate to the Association any investigation or inquiries regarding the matter of the subcontracting any positions included in the recognition clause at least 120 days prior to making any final decision.

                          ARTICLE 33
                          MISCELLANEOUS PROVISIONS

                          A. NON-DISCRIMINATION

                          The Board and the Association agree that there shall be no discrimination, and that all practices, procedures, and policies of the school system shall clearly exemplify that there is no discrimination in the hiring, training, assignment, promotion, transfer, or discipline of employees or in the application or administration of this Agreement on the basis of race, creed, color, religion, national origin, sex, domicile or marital status..
                          B. 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.
                          C. SEPARABILITY

                          If any provisions of this Agreement or any application of this Agreement to any employee or group of employees is held to be contrary to law, then such provisions or application shall not be deemed valid and consisting, except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect.
                          D. COMPLIANCE BETWEEN INDIVIDUAL CONTRACT & MASTER AGREEMENT
                          Any individual contract between the Board and an individual employee, heretofore or hereafter executed, shall be subject to and consistent with the terms and conditions of this Agreement.

                          32

                          If an individual contract contains any language inconsistent with this Agreement, this Agreement, during its duration shall be controlling.


                          E. PRINTING AGREEMENT

                          Copies of this Agreement shall be printed at the expense of the Board after agreement with the Association on format within sixty (60) 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.

                          F. NOTICE

                          Whenever any notice is required to be given by either of the parties to this Agreement to the other, pursuant to the provisions of this Agreement, either party shall do so by telegram or registered letter at the following addresses:

                          1. If by Association, the Board at 658 Tinton Avenue, Tinton Falls, New Jersey, 07724.
                              2. If by Board, to Association at home address of the president.

                          G. RATIFICATION

                          This Agreement is subject to ratification by the membership of the Association and the full Board.
                          ARTICLE 34
                          DURATION OF AGREEMENT

                          A. DURATION PERIOD

                          This Agreement shall be effective as of July 1, 2006, and shall continue in effect until June 30, 2009, subject to the Association’s right to negotiate over a successor Agreement as provided in ARTICLE 2. This Agreement shall not be extended orally, and it is expressly understood that it shall expire on the date indicated, unless it is extended in writing.




                          33
                          it is expressly understood that it shall expire on the date indicated, unless it is extended in writing.

                          IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed by their respective presidents, attested by their respective secretaries, and their corporate seals to be placed hereon, all on this ______ day of ______, 2006.



                          Tinton Falls Education Association

                          By_________________________________________
                          President

                          BY_________________________________________
                          Secretary



                          Tinton Falls Board of Education

                          BY_________________________________________
                          President

                          BY_________________________________________
                          Secretary













                          34


                          SCHEDULE A
                          TEACHER'S SALARY GUIDE
                          2006-2007
                          STEPS
                          STEPS
                          STEPS
                          BA
                          BA+30
                          MA
                          MA+15
                          MA+30
                          DOC
                          FORMER
                          OLD
                          NEW
                          1
                          41,335
                          42,735
                          44,135
                          45,535
                          46,935
                          48,335
                          1,2
                          1
                          2
                          41,835
                          43,235
                          44,635
                          46,035
                          47,435
                          48,835
                          3,4
                          2
                          3
                          42,335
                          43,735
                          45,135
                          46,535
                          47,935
                          49,335
                          5,6
                          3
                          4
                          43,335
                          44,735
                          46,135
                          47,535
                          48,935
                          50,335
                          7,8
                          4
                          5
                          44,735
                          46,135
                          47,535
                          48,935
                          50,335
                          51,735
                          9,10
                          5
                          6
                          46,445
                          47,845
                          49,245
                          50,645
                          52,045
                          53,445
                          11,12
                          6
                          7
                          48,555
                          49,955
                          51,355
                          52,755
                          54,155
                          55,555
                          13,14
                          7
                          8
                          51,065
                          52,465
                          53,865
                          55,265
                          56,665
                          58,065
                          15
                          8
                          9
                          53,975
                          55,375
                          56,775
                          58,175
                          59,575
                          60,975
                          16
                          9
                          10
                          57,285
                          58,685
                          60,085
                          61,485
                          62,885
                          64,285
                          17
                          10
                          11
                          60,995
                          62,395
                          63,795
                          65,195
                          66,595
                          67,995
                          18
                          11
                          12
                          65,105
                          66,505
                          67,905
                          69,305
                          70,705
                          72,105
                          19
                          12
                          13
                          69,615
                          71,015
                          72,415
                          73,815
                          75,215
                          76,615
                          20
                          13
                          14
                          74,525
                          75,925
                          77,325
                          78,725
                          80,125
                          81,525
                          SCHEDULE B
                          TEACHER'S SALARY GUIDE
                          2007-2008
                          STEPS
                          STEPS
                          STEPS
                          BA
                          BA+30
                          MA
                          MA+15
                          MA+30
                          DOC
                          FORMER
                          OLD
                          NEW
                          1
                          42,925
                          44,375
                          45,825
                          47,275
                          48,725
                          50,175
                          1,2
                          1
                          2
                          43,425
                          44,875
                          46,325
                          47,775
                          49,225
                          50,675
                          3,4
                          2
                          3
                          43,925
                          45,375
                          46,825
                          48,275
                          49,725
                          51,175
                          5,6
                          3
                          4
                          44,425
                          45,875
                          47,325
                          48,775
                          50,225
                          51,675
                          7,8
                          4
                          5
                          45,925
                          47,375
                          48,825
                          50,275
                          51,725
                          53,175
                          9,10
                          5
                          6
                          47,725
                          49,175
                          50,625
                          52,075
                          53,525
                          54,975
                          11,12
                          6
                          7
                          49,825
                          51,275
                          52,725
                          54,175
                          55,625
                          57,075
                          13,14
                          7
                          8
                          52,325
                          53,775
                          55,225
                          56,675
                          58,125
                          59,575
                          15
                          8
                          9
                          55,225
                          56,675
                          58,125
                          59,575
                          61,025
                          62,475
                          16
                          9
                          10
                          58,525
                          59,975
                          61,425
                          62,875
                          64,325
                          65,775
                          17
                          10
                          11
                          62,225
                          63,675
                          65,125
                          66,575
                          68,025
                          69,475
                          18
                          11
                          12
                          66,325
                          67,775
                          69,225
                          70,675
                          72,125
                          73,575
                          19
                          12
                          13
                          70,825
                          72,275
                          73,725
                          75,175
                          76,625
                          78,075
                          20
                          13
                          14
                          75,725
                          77,175
                          78,625
                          80,075
                          81,525
                          82,975
                          SCHEDULE C
                          TEACHER'S SALARY GUIDE
                          2008-2009
                          STEPS
                          STEPS
                          STEPS
                          BA
                          BA+30
                          MA
                          MA+15
                          MA+30
                          DOC
                          FORMER
                          OLD
                          NEW
                          1
                          45,245
                          46,745
                          48,245
                          49,745
                          51,245
                          52,745
                          1,2
                          1
                          2
                          45,745
                          47,245
                          48,745
                          50,245
                          51,745
                          53,245
                          3,4
                          2
                          3
                          46,245
                          47,745
                          49,245
                          50,745
                          52,245
                          53,745
                          5,6
                          3
                          4
                          46,745
                          48,245
                          49,745
                          51,245
                          52,745
                          54,245
                          7,8
                          4
                          5
                          47,245
                          48,745
                          50,245
                          51,745
                          53,245
                          54,745
                          9,10
                          5
                          6
                          49,095
                          50,595
                          52,095
                          53,595
                          55,095
                          56,595
                          11,12
                          6
                          7
                          51,245
                          52,745
                          54,245
                          55,745
                          57,245
                          58,745
                          13,14
                          7
                          8
                          53,735
                          55,235
                          56,735
                          58,235
                          59,735
                          61,235
                          15
                          8
                          9
                          56,625
                          58,125
                          59,625
                          61,125
                          62,625
                          64,125
                          16
                          9
                          10
                          59,915
                          61,415
                          62,915
                          64,415
                          65,915
                          67,415
                          17
                          10
                          11
                          63,605
                          65,105
                          66,605
                          68,105
                          69,605
                          71,105
                          18
                          11
                          12
                          67,695
                          69,195
                          70,695
                          72,195
                          73,695
                          75,195
                          19
                          12
                          13
                          72,185
                          73,685
                          75,185
                          76,685
                          78,185
                          79,685
                          20
                          13
                          14
                          77,075
                          78,575
                          80,075
                          81,575
                          83,075
                          84,575
                          SCHEDULE D
                          PARAPROFESSIONALS
                          (10 Months)
                          2006-2007
                          2007-2008
                          2008-2009
                          Salary
                          Salary
                          Salary
                          $23,551
                          $24,670
                          $25,842
                          Longevity:$400 after three (3) years of service
                          $700 after six (6) years of service
                          $1,000 after ten (10) years of service
                          $1,500 after fifteen (15) years of service
                          SCHEDULE D
                          PARAPROFESSIONALS
                          (10 Months)
                          2008-2009
                          2006-2007
                          2007-2008
                          2008-2009
                          20,828
                          Salary
                          Salary
                          Salary
                          21,696
                          22,558
                          $23,551
                          $24,670
                          $25,842
                          23,420
                          24,282
                          25,144
                          26,006
                          26,868
                          Longevity:$400 after three (3) years of service
                          27,730
                          $700 after six (6) years of service
                          28,592
                          $1,000 after ten (10) years of service
                          $1,500 after fifteen (15) years of service
                          SCHEDULE F(School Secretaries - 11 months)
                          and
                          SCHEDULE G (Central Office Secretaries - 12 months)
                          2006-2007
                          2007-2008
                          2008-2009
                          STEP
                          STEP
                          11
                          12
                          STEP
                          STEP
                          11
                          12
                          STEP
                          STEP
                          11
                          12
                          OLD
                          NEW
                          Month
                          Month
                          OLD
                          NEW
                          Month
                          Month
                          OLD
                          NEW
                          Month
                          Month
                          1
                          26,785
                          29,212
                          1
                          27,321
                          29,796
                          1
                          28,059
                          30,601
                          1
                          2
                          27,905
                          30,299
                          1
                          2
                          28,637
                          31,311
                          1
                          2
                          29,410
                          32,156
                          2
                          3
                          29,022
                          31,385
                          2
                          3
                          29,952
                          32,821
                          2
                          3
                          30,761
                          33,707
                          3
                          4
                          30,139
                          32,472
                          3
                          4
                          31,267
                          34,331
                          3
                          4
                          32,111
                          35,258
                          4
                          5
                          31,256
                          33,558
                          4
                          5
                          32,582
                          35,841
                          4
                          5
                          33,462
                          36,809
                          5
                          6
                          32,373
                          36,350
                          5
                          6
                          33,897
                          37,351
                          5
                          6
                          34,812
                          38,359
                          6
                          7
                          33,490
                          37,365
                          6
                          7
                          35,212
                          38,861
                          6
                          7
                          36,163
                          39,910
                          7
                          8
                          35,408
                          38,630
                          7
                          8
                          36,527
                          40,091
                          7
                          8
                          37,513
                          41,484
                          8
                          9
                          36,769
                          40,115
                          8
                          9
                          37,842
                          41,561
                          8
                          9
                          38,864
                          42,884
                          9
                          10
                          38,691
                          41,800
                          9
                          10
                          39,737
                          43,231
                          9
                          10
                          40,856
                          44,534
                          10
                          11
                          40,042
                          43,685
                          10
                          11
                          41,363
                          44,825
                          10
                          11
                          42,122
                          46,394
                          11
                          12
                          42,330
                          45,770
                          11
                          12
                          42,984
                          46,895
                          11
                          12
                          44,450
                          48,015
                          12
                          13
                          44,047
                          48,055
                          12
                          13
                          45,341
                          49,165
                          12
                          13
                          46,082
                          50,275
                          13
                          13
                          46,325
                          50,540
                          13
                          14
                          47,333
                          51,640
                          13
                          14
                          48,341
                          52,740
                          14
                          14
                          47,333
                          51,640
                          14
                          14
                          48,341
                          52,740

                          SCHEDULE H
                          STIPEND SCHEDULE
                          POSITION
                          LENGTH
                          WHEN DUE
                          AMT DUE
                          A +
                          41.00/HR
                          ATCH BUS PATROL
                          O
                          12/15&6/15
                          $1,568.00
                          CHALL 24 (5) MOS.
                          $730.00
                          CHEERLEADING
                          NOV-FEB
                          2/28
                          $2,445.00
                          CURR. RATE
                          34.00/HR
                          DUTY ASSIGN
                          28.00/HR
                          HOME INST.
                          34.00/HR
                          JR SOCIETY
                          O
                          12/15&6/15
                          `
                          JR SOCIETY
                          O
                          12/15&6/15
                          $1,663.00
                          ODYSSEY/MIND
                          O
                          12/15&6/15
                          $2,445.00
                          ODYSSEY/MIND
                          O
                          12/15&6/15
                          $2,445.00
                          P.M. EVENT CHAP
                          28.00/ P.M
                          PEER TUTORING
                          O
                          12/15&6/15
                          $337.00
                          PEER TUTORING
                          O
                          12/15&6/15
                          $337.00
                          SPORTSWRITER
                          O
                          12/15&6/15
                          $1,392.00
                          SR AFTER SPORTS
                          O
                          12/15&6/15
                          $2,445.00
                          SR ART
                          O
                          12/15&6/15
                          $1,663.00
                          SR BAND
                          $1,568.00
                          SR CHORUS
                          $1,568.00
                          SR COMPUTER
                          O
                          12/15
                          $784.00
                          SR COMPUTER
                          0
                          6/15
                          $784.00
                          SR DRAMA CLUB
                          O
                          12/15&6/15
                          $1,392.00
                          SR DRAMA CLUB
                          O
                          12/15&6/15
                          $1,392.00
                          SR HOMEWORK
                          O
                          12/15&6/15
                          $1,392.00
                          SR NEWSPAPER
                          O
                          12/15&6/15
                          $1,568.00
                          SR PEER TUTOR
                          O
                          12/15&6/15
                          $0.00
                          SR SAFTY PATROL
                          O
                          12/15&6/15
                          $1,568.00
                          SR SAFTY PATROL
                          O
                          12/15&6/15
                          $1,568.00
                          SR STUD COUNCIL
                          $1,663.00
                          SUPER SITTERS
                          O
                          12/15&6/15
                          $674.00
                          TEACH HONOR
                          350
                          TF ART CLUB
                          O
                          12/15&6/15
                          $1,663.00
                          TF B BASKET
                          NOV-FEB
                          2/28
                          $3,208.00
                          TF B SOCCER
                          SEP-OCT
                          11/30
                          $2,646.00
                          TF B TRACK
                          MAR-MAY
                          5/30
                          $2,655.00
                          TF BAND
                          O
                          12/15&6/15
                          $1,568.00
                          TF BASEBALL
                          MAR-MAY
                          5/30
                          $2,645.00
                          TF BUS PATROL
                          O
                          12/15&6/15
                          $784.00
                          TF BUS PATROL
                          O
                          6/15
                          $784.00
                          TF CHORUS
                          O
                          12/15&6/15
                          $1,568.00
                          TF COMPUTER
                          O
                          12/15&6/15
                          $1,568.00
                          TF DRAMA
                          O
                          12/15&6/15
                          $1,392.00
                          TF G BASKET
                          NOV-FEB
                          2/28
                          $1,604.00
                          TF G BASKET
                          NOV-FEB
                          2/28
                          $1,604.00
                          TF G SOCCER
                          SEP-OCT
                          11/30
                          $2,646.00
                          TF G SOFTBALL
                          MAR-MAY
                          5/30
                          $2,645.00
                          TF G TRACK
                          MAR-MAY
                          5/30
                          $2,655.00
                          TF GAMES
                          O
                          12/15&6/15
                          $1,392.00
                          TF INTRAMURALS
                          O
                          12/15&6/15
                          $1,663.00
                          TF NEWSPAPER
                          O
                          12/15&6/15
                          $1,568.00
                          TF STUD COUNCIL
                          O
                          12/15&6/15
                          $1,663.00
                          TF STUD COUNCIL
                          O
                          12/15&6/15
                          $1,663.00
                          TF WRESTLING
                          NOV-FEB
                          2/28
                          $2,655.00
                          TF YEARBOOK
                          O
                          12/15&6/15
                          $784.00
                          TF YEARBOOK
                          O
                          12/15&6/15
                          $784.00
                          TRIP CO-OR
                          JUNE
                          6/15
                          $843.00
                          TRIP CO-OR
                          JUNE
                          6/15
                          $843.00

                          SCHEDULE H
                          STIPEND SCHEDULE
                          2006-7
                          2007-8
                          2008-9
                          POSITION
                          SCHOOL/#
                          AMOUNTAMOUNTAMOUNT
                          ART CLUB
                          1-S,1-T
                          $1,980
                          $2,054
                          $2,131
                          BAND- BEYOND SCHOOL TIME
                          1-S,1-T
                          $1,866
                          $1,936
                          $2,009
                          BASEBALL COACH
                          T-ONLY
                          $3,149
                          $3,268
                          $3,390
                          BASKETBALL COACH
                          TF 1-B & 1-G
                          $3,820
                          $3,963
                          $4,111
                          BUS PATROL COORDINATOR
                          2-A,2-S,2-T
                          $1,866
                          $1,936
                          $2,009
                          CHEERLEADING
                          T-ONLY
                          $2,911
                          $3,020
                          $3,134
                          CHESS & GAMES
                          T-ONLY
                          $1,657
                          $1,719
                          $1,783
                          CHORUS-BEYOND SCHOOL TIME
                          1-T
                          $1,866
                          $1,936
                          $2,009
                          COMMUNITY SERVICE CLUB
                          1-T
                          $1,866
                          $1,936
                          $2,009
                          COMPUTER CLUB
                          1-S,1-T
                          $1,866
                          $1,936
                          $2,009
                          CURRICULUM RATE
                          ALL PER HR
                          $41
                          $42
                          $44
                          DRAMA CLUB
                          1-T
                          $1,657
                          $1,719
                          $1,783
                          DUTY/DETENTION RATE
                          ALL PER HR
                          $33
                          $35
                          $36
                          HOME INSTR. RATE
                          ALL PER HR
                          $41
                          $42
                          $44
                          HOMEWORK CLUB
                          T ONLY
                          $1,657
                          $1,719
                          $1,783
                          HONORARIUM/WORKSHOP TRAINER
                          ALL PER CLASS
                          $417
                          $432
                          $448
                          INTRAMURALS
                          T-ONLY
                          $1,980
                          $2,054
                          $2,131
                          JR HONOR SOCIETY
                          2-T
                          $1,980
                          $2,054
                          $2,131
                          NEWSPAPER CLUB
                          1-T
                          $1,866
                          $1,936
                          $2,009
                          ODYSSEY/MIND
                          1-T
                          $2,911
                          $3,020
                          $3,134
                          P.M. EVENT CHAPERONE
                          T-ONLY PER NITE
                          $33
                          $35
                          $36
                          PEER TUTORING COORDINATOR
                          1-T
                          $802
                          $832
                          $863
                          SOCCER COACH
                          TF 1-B & 1-G
                          $3,151
                          $3,269
                          $3,391
                          SOFTBALL COACH
                          T-ONLY
                          $3,149
                          $3,268
                          $3,390
                          SPORTSWRITER CLUB
                          T-ONLY
                          $1,657
                          $1,719
                          $1,783
                          STUDENT COUNCIL
                          1-T
                          $1,980
                          $2,054
                          $2,131
                          SUPERSITTERS
                          T-ONLY
                          $802
                          $832
                          $863
                          TRACK COACH
                          TF 1-B & 1-G
                          $3,161
                          $3,280
                          $3,403
                          WASHINGTON TRIP CHAPERONE
                          TF-DAILY
                          $198
                          $205
                          $213
                          WASHINGTON TRIP COORDINATOR
                          2-T
                          $1,004
                          $1,042
                          $1,081
                          WRESTLING COACH
                          T-ONLY
                          $3,161
                          $3,280
                          $3,403
                          YEARBOOK
                          T ONLY
                          $1,866
                          $1,936
                          $2,009


                          Tinton Falls BE and Tinton Falls EA 2006.pdf