Contract Between
Upper Tp B/E-Cape May
- and -
Upper Tp Supp Staff Assn
* * *
07/01/2003 thru 06/30/2006

CategorySchool District
UnitBus Drivers, Custodians

Contract Text Below
Upper Township Supportive Staff Agreement








July 1, 2003 to June 30, 2006



Principles 3
I Recognition 3
II Negotiation of Successor Agreement 3
III Grievance Procedure 4
IV Association Rights and Privileges 7
V Employee Rights and Privileges 7
VI Promotions 8
VII Employment Procedures 9
VIII Daily Work Hours and Schedule 9
IX Overtime 10
X Holidays 10
XI Sick Leave 11
XII Temporary Leave of Absence 12
XIII Occupational Benefits 13
XIV Maternity Leave 14
XV Vacations 14
XVI Insurance Protection 15
XVII Salaries 16
XVIII Seniority and Job Security 17
XIX Deduction from Salary 17
XX Miscellaneous Provisions 18
XXI Representation Fee 19
XXII Duration of Agreement 21
Supportive Staff Salary Guide 22


A. This agreement is negotiated in order to establish terms and conditions of employment of all members of the staff employed in the classifications set forth in Article I attached hereto and made a part thereof.

B. The provisions of this agreement will constitute a binding obligation of the parties for the duration hereof or until changed by mutual consent in writing. Previously adopted policy, rule or regulation of the parties which is in conflict with a provision of this agreement shall be superseded and replaced by this agreement. Nothing in this agreement which changes pre-existing policy, rules, or regulations of the parties will operate retroactively unless expressly so stated.

A. Unit - The Board hereby recognizes the Association as the exclusive and sole representatives for collective negotiations concerning grievances and terms and conditions of employment for supportive staff personnel including all regular (full and part-time) bus drivers, custodians, maintenance personnel employed by the Board, or on approved leave excluding the transportation supervisors and all other employees in other job classifications.

B. Definition of Employees - Unless otherwise indicated, the term "employee," when used herein in this agreement, shall refer to all employees represented by the Association in the negotiating unit as above defined, and references to employees shall include male and female employees.

A. Policy Change - Consistent with Chapter 123, P.L. of N.J., 1974, the Board shall not affect any change in policy concerning terms and conditions of employment except those so negotiated and included as part of this agreement and contained herein.

B. No later than January 15, or a mutually agreeable date, the parties agree to initiate negotiations for a successor agreement in accordance with the procedure set forth herein in good faith effort on both sides to reach continuing agreement on salaries and conditions of employment.
C. Negotiations shall commence with a meeting at a mutually agreeable place within fifteen (15) days after receipt of a proposal by the Association, unless the Board and the Association mutually agree to an extension of time. During negotiations, the Board and the Association shall present relevant data, exchange points of view, and make proposals and counter proposals. Each party shall make available to the other, upon request, information within its possession which is not privileged information and which is relevant to the subject under discussion.

D. Whenever members of the bargaining unit are mutually scheduled by the parties hereto to participate during working hours in conferences, grievance proceedings, meetings or in negotiations respecting the collective bargaining agreement, they will suffer no loss of pay.

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

F. The Board agrees not to negotiate concerning said employees in the negotiating unit as defined in Article I of this agreement, with any organization other than the Association for the duration of this agreement.

G. During the terms of this agreement neither party shall be required to negotiate with respect to any such matter whether or not covered by this agreement and whether or not within the knowledge or contemplation of either or both of the parties at the time they negotiated or executed this agreement.

A. Definition

1. A "grievance" shall mean a claim by an employee that there has been a misinterpretation, misapplication or a violation of Board policy, this agreement or an administrative decision adversely affecting him/her. A grievance to be considered under this procedure must be initiated by the employee within ten (10) days of the time the employee knew or should know of its occurrence.

B. Purpose

1. It is agreed by both parties that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure.

2. Failure at any step of this procedure to communicate the decision on a grievance within the specified time limits shall permit the aggrieved employee to proceed to the next step.

3. It is understood that employees shall, during and notwithstanding the pendency of any grievance, continue to observe all assignments and applicable rules and regulations of the Board until such grievance and any effect thereof shall have been fully determined.

4. Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level shall be considered as a maximum and every effort should be made to expedite the process.

5. Employees will be responsible for following the time limit procedures or will forfeit the grievance.

C. Procedure
      Level One - Any employee who has a grievance shall discuss it first with the or immediate superior or department head, if applicable, in an attempt to resolve the matter informally at that level.
      Level Two - If, as a result of the discussion, the matter is not resolved to the satisfaction of the employee within five (5) school days, s/he may set forth his/her grievance in writing to the superintendent. The superintendent shall communicate his/her decision to the employee in writing within three (3) school days of receipt of the written grievance.

Level Three - If the grievance is not resolved to the employee's satisfaction, s/he, no later than five (5) school days after receipt of the superintendent's decision, may request a review by the Board of Education. The request shall be submitted in writing to the Board. The Board shall review the grievance and shall hold a hearing with the party and render a decision in writing within thirty-five (35) calendar days of the receipt of the grievance or of the date of the hearing with the employee, whichever comes later.
      The parties agree to mutually waive the time lines regarding level 3 of the Grievance Procedure in order to continue further dialogue on the matter.
      Level Four - No claim by an employee shall constitute a grievable matter beyond level four or be processed beyond level four if it pertains to (a) any matter for which a detailed method of review is prescribed by law or (b) any rule or regulation of the State Commissioner of Education but not the violation, misinterpretation, or misapplication of such rule or regulation or (c) any matter which according to law is beyond the scope of Board authority, (d) any complaint of a non-tenure employee which arises by reason of his/her not being re-employed or (e) a complaint by any personnel occasioned by appointment to or lack of any position for which tenure is either not possible or not required. These matters will be determined by the State Department of Education Legal Department.
      If the employee is dissatisfied with the decision of the Board of Education and if the grievance pertains to a matter of previous formal agreement between the Board of Education and the Supportive Staff Association, the employee or the Supportive Staff Association may request the appointment of an arbitrator, such request to be known to the superintendent not later than two (2) weeks after the decision in writing, of the Board of Education was made known Arbitrable matters shall be limited to grievances which are alleged misinterpretations, misapplication or violations of the express terms of this agreement. An employee, in order to process his/her grievance beyond level four, must have his/her request for such action accompanied by the written recommendation for such action by the Association.

D. Procedure for Securing the Services of an Arbitrator
      The following procedure will be used to secure the services of an arbitrator:

1. A request will be made to PERC to submit a roster of persons qualified to function as an arbitrator in the dispute of a question.
2. If the parties are unable to determine a mutually satisfactory arbitrator from the submitted list, they will request PERC to submit a second roster of names.

3. The arbitrator shall be appointed in accordance with the rules and regulations of PERC.

4. The arbitrator shall limit him/herself to the issues submitted to him/her and shall consider nothing else. S/he can add nothing to, nor subtract anything from the agreement between the parties or any policy of the Board of Education. The recommendations of the arbitrator shall be binding on the parties. Only the Board and the aggrieved and his/her representatives shall be given copies of the arbitrator's findings and recommendations. This shall be accomplished with thirty (30) days of the completion of the arbitrator's hearings.

E. Rights of Employee to Representation

1. Any aggrieved person may be represented at all stages of the grievance procedure by him/herself or, at his/her option, by a representative selected or approved by the Association.

2. When an employee is not represented by the Association in the processing of a grievance, the Association shall at the time of submission of the grievance at level two be notified that the grievance is in process, shall have the right to be present and present its position, in writing, at all meetings with the employee held concerning the grievance and shall receive a copy of all decisions rendered.

F. Costs

1. Each party shall bear the total cost incurred by themselves.

2. The fees and expenses of the arbitrator are the only costs which will be shared by the two parties and such costs will be shared equally.

3. Arbitration hearings shall be set at such time so that the employee suffers no loss of pay.

G. Content of Forms
      When prepared, grievance forms shall contain at least:

1. The nature of the grievance and date of occurrence.
2. The nature and extent of the injury, loss or inconvenience.
3. The results of previous discussions.
4. His/her dissatisfaction with decisions previously rendered.

H. Written Decisions

1. Decisions rendered at level one which are unsatisfactory to the aggrieved person and all decisions rendered at level two and three of the grievance procedure will be in writing setting forth the decision and the reasons therefore and shall be transmitted promptly to all parties in interest and to the Association.

2. Separate Grievance File - All documents, communications and the 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.

3. Meetings and Hearings - All meetings and hearings under this procedure shall not be conducted in public and shall include only such parties in interest and their designated or selected representatives, heretofore referred to in this article.

A. The Board agrees to furnish to the president of the Association in response to reasonable request from time to time one (1) copy of available records in the public domain which may be necessary for the Association to process grievances and formulate information necessary for negotiation.

B. Representatives of the Association, the New Jersey Education Association and the National Education Association shall be permitted to transact official Association business on school property at all reasonable times, provided that this shall not interfere with or interrupt normal school operations and job responsibilities as determined by the superintendent.

C. The Association and its representatives shall be permitted to request the use of school buildings at all reasonable hours for meetings. The principal of the building in question shall be notified at least 48 hours in advance of the time and place of all such meetings.

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

E. The Association shall be permitted to request the use of equipment at reasonable times when such equipment is not otherwise in use. The Association shall pay for the reasonable cost of all materials and supplies incident to such use. Such requests shall be made 48 hours in advance to the building principal.

F. The rights and privileges of the Association and its representatives as set forth in the agreement shall be granted only to the Association as exclusive representative of the employees and to no other organization (s) representing any portion of the unit or potential member of the unit.

A. Pursuant to Chapter 123, Public Laws 1975, the Board hereby agrees that every employee of the Board shall have the right to freely organize, join and support the Association and its affiliates for the purpose of engaging in collective negotiations.
B. No employee shall be disciplined, reprimanded or reduced in rank or compensation, or not renewed without just cause.

C. Whenever any employee is required to appear before any administrator or supervisor, Board or any committee or member thereof concerning any matter which could adversely affect the continuation of that employee in his/her position, employment, or salary or any increments pertaining thereto, then s/he shall be entitled to have a representative(s) of the Association present to advise him/her during such meeting or interview. Any suspension of any employee pending charges shall be without pay. If the employee is found innocent, then s/he shall receive his/her pay retroactively.

D. No employee shall be prevented from wearing pins or other identification or membership in the Association or its affiliates, provided it shall not interfere with the day to day educational process.

A. Positions Included
      Promotional positions are defined as follows:
      Positions paying a salary differential and/or positions on the supervisory levels of responsibility.
      All vacancies in promotional position, shall be adequately publicized by the superintendent in accordance with the following procedures:

1. Date of posting - When school is in session, a notice shall be posted in each school as far in advance as practicable. Employees who desire to apply for such vacancies shall submit their applications in writing to the superintendent, who in turn shall acknowledge in writing the receipt of all such applications.

2. Application procedure - Employees who desire to apply for promotional position which may be filled during the summer period when school is not regularly in session shall submit their names to the superintendent together with the positions(s) for which they desire to apply and an address where they can be reached during the summer. In addition, the superintendent shall within the same period, post a list of promotional positions to be filled during the summer period at the administration office in each school.

B. Criteria for notice - In both situations set forth in section A above, the qualifications for the position, its duties and the rate of compensation shall be clearly set forth, by the Board of education.

C. Decision - In filling such vacancies, consideration will be given to qualified employees already employed by the Board.


A. Placement on Salary Schedule

1. Each employee shall advance on the salary guide one step in each of the 3 years of this contract, 2003-2004, 2004-2005, 2005-2006.

B. Resignation

1. An employee who is resigning from his/her position shall give 30 full calendar days notice.

2. Earned vacation shall be paid according to Board policy upon resignation.

3. If the full thirty (30) days notice is not given, earned vacation shall be paid only in the same proportion as the amount of notice actually given. For this purpose, thirty (30) full calendar days shall be used in calculating the amount of notice given by the employee.

4. All work shall be paid per the salary guide in effect on the basis of an hour's work for an hour's pay.

C. Notification of Contract and Salary
      Employees shall be notified of their contract and salary status for the ensuing year no later than May 30.

D. Assigned Duties

1. At no time shall the Board or any agent thereof, assign or direct any employee covered by this contract, to any other duties which require certificated employees, unless hazardous conditions exist affecting the safety of the children.


Custodians/Maintenance - The normal work day shall consist of eight and one-half (8.5) hours, of which one-half (0.5) hour shall be spent for lunch. The Board shall assign the beginning time of the hours to be worked.

Bus Drivers - The normal work day shall consist of a four (4) hour day. For those drivers who drive at least six (6) hours every day, they will be paid for a maximum of six (6.0) hours and no overtime pay shall be accrued except when the work week exceeds 40.0 hours. The Board shall assign the beginning time of the hours to be worked.

1. Beginning the Monday after students are dismissed the unit shall begin summer hours and eliminate one (1) fifteen minute (15) break in the afternoon. This schedule shall continue through August 31 wherein they will continue the regular schedule of two (2) scheduled fifteen minutes (15) breaks and the summer schedule shall end.

2. The summer work day for all employees covered under this contract shall normally be seven and one half (7 1/2) hours of which 1/2 hour shall be for lunch.

3. All employees shall work the day shift during the summer schedule, except when it may be impractical, then the schedule shall be adjusted by the superintendent or his designee.

School Closings - Inclement Weather - When it is necessary to close schools because of snow, ice or other inclement weather conditions, unless contacted by a Superintendent or his/her designee, prior to 6:00 AM on the date of closing, for a change in reporting time, the maintenance and custodial staff shall report for work at the regular reporting time.

1. All overtime must be approved by the superintendent and will be rounded to the nearest .25 (quarter) hour at the end of each pay period. This will be enumerated at the rate of one and one-half times (1 1/2) the hourly salary.

2. Overtime shall be paid at the rate of one and one-half (1 1/2) times the employee's regular hourly rate of pay for all time worked in excess of forty (40) hours in any week. Such overtime compensation may also be utilized at the one and one-half rate in time off provided the superintendent's approval is secured. For the purpose of determining the hourly rate the following shall count as regular days:
      a. Holidays
b. Paid Sick Days
c. Paid Vacation Days
d. Other Approved Paid Leaves

1. Each employee shall be entitled to paid holidays outlined on the approved school calendar for the school year pursuant to Board policy.

2. For purposes of this article, each employee working at least a five (5) hour contractual day, will be eligible as specified below:
      Labor Day X
Thanksgiving Day X
Friday After Thanksgiving X
Christmas Eve X
Christmas Day X
New Year's Day X
Martin Luther King's Birthday X
President's Day X
Good Friday X
Memorial Day X
Independence Day X
Veterans Day X

3. The Association may choose to exchange two of the holidays on the above list for two other days, with the approval of the superintendent. The Association must notify the superintendent in writing by June 15 of each year of its intention to exchange any holidays in the ensuing year.

Should staff be required for either a regular day of school or for in-service purposes, all required buildings shall be staffed on Veterans Day based upon seniority with veterans, as defined by New Jersey statutes, given preference for the day off. Employees required to work on Veterans Day pursuant to this paragraph shall be given a compensatory day to make up for the day worked.

A. All supportive staff personnel employed on a ten (10) month basis shall be entitled to ten (10) days of sick leave each year beginning on September 1st of that school year.

B. All supportive staff personnel employed on a twelve (12) month basis shall be entitled to twelve (12) days of sick leave each year, beginning on July 1st of each year.
C. Unused sick leave shall be accumulated from year to year with no maximum limit.

D. Notification of Accumulation - Employees shall be given a written accounting of accumulated sick leave days no later than September 30th of each school year.
      The superintendent or his/her designee may request a doctor's certificate if an employee is on sick leave for more than three (3) consecutive days.

E. All supportive staff members retiring from the district with (12) twelve or more years of service in the Upper Township School District shall receive the sum of 25% of their daily rate of pay times the number of their accumulated unused sick days accrued during their employment in the Upper Township School District.

F. All new hires as of July 1, 1996 retiring from district with twelve (12) or more years of service in Upper Township District shall receive the sum of 25% of their daily rate of pay times the number of their accumulated unused sick days accrued in excess of 30 days but not to exceed a total of 100 days.

G. A retiring unit member must notify the Board by June 30 of the preceding year of retirement or not less than 6 months prior to the retirement date.

A. The provisions for temporary leave of absence at full pay stated below shall be for one (1) contractual year and unused days shall not be accumulated for use in another contractual year.

1. Death in Immediate Family - An allowance of up to five (5) days per event shall be granted for death of father, mother, spouse, child, brother, sister, or grandchildren. Two (2) days per event will be granted for grandmother, grandfather, mother-in-law, father-in-law, brother-in-law and sister-in-law.

2. Serious Illness in the Immediate Family

a. In any one year an aggregate of five (5) sick family days shall be granted for a documented serious illness of father, mother, spouse, child, brother or sister.

b. In any one year an aggregate two (2) sick family days shall be granted for a documented serious illness of a mother-in-law, father-in-law, grandmother or grandfather.

c. Family leave shall be granted in accordance with Board policy and the appropriate applicable law at the time of the request.

This time will only be granted in the event that it is documented to the Superintendent or his/her designee that no other arrangements for the attendance to the sick person can be made.

Personal time shall not be used on the day immediately preceding or after any holiday without the approval of the Superintendent or his designee.

3. Business of a Personal Nature:
a. An allowance of up to two (2) days shall be granted upon written request provided the request is in compliance with all restrictions. Personal leave shall not be used for entertainment, recreation or other employment.

b. Requests for personal leave shall be filed with the Superintendent or his/her designee at least four (4) school days in advance of the contemplated absence.

c. Personal days will not be granted on the first five days of school or on days immediately preceding or following a school vacation or any later than the 31st of May and the end of the student school year.
d. The Superintendent or his/her designee shall review each application. If more than two (2) employees request the same day off, then approval of the Superintendent or his/her designee shall be determinative.
e. In an emergency, the Superintendent or his/her designee, upon being informed of the nature of the emergency, may waive all restrictions and authorize a personal day.

f. Any employee who does not use personal business days during a contractual year will receive one additional sick day to be added to his/her accumulated sick days for each personal day not used.

4. Leaves granted pursuant to Section A above shall be in addition to any sick leave to which the employee is entitled.

A. Custodians/Maintenance

1. The Board shall purchase four (4) winter and three (3) summer (Tee shirt and shorts) uniforms for each custodian and maintenance worker. The uniforms shall accommodate female employees. The Supervisor of Buildings and Grounds shall determine uniform change over dates. Each individual employee shall be responsible for laundering of their own uniforms. When an employee leaves the District, the uniforms shall be turned in. Uniforms will have the logo of the Board of Education. Employees will be required to wear uniforms while on duty. The Board may impose minor discipline for failure to wear uniforms. The first offense shall be a reprimand only. After the first year, an employee may exchange worn out uniforms on a one-to-one basis, not to exceed a total of five (5) per year.

Employees shall continue to wear the present uniforms until the Board purchases new uniforms as per this Article.

2. Call In - Custodians called in for work, including burglar alarm checkout, outside of their regularly scheduled hours shall be guaranteed a minimum of two (2) hours work or pay at straight time earnings.

3. When a custodian is assigned to a work schedule, which necessitates travel from one work location to another, s/he shall be reimbursed for mileage at a rate established pursuant to Board policy, for the distance and travel required between work locations.

4. Tool Allowance: Maintenance employees required to use their personal tools shall be reimbursed by the Board for a sum not to exceed $200.00 per year for worn or broken tools. The employee shall submit a receipt reflecting the cost for the replacement tool, which shall then be paid by the Board.
B. Bus Drivers

1. The Board will reimburse bus drivers for the cost of obtaining the proper school bus drivers vehicle operators license, as specified by the new Jersey Motor Vehicle Code. The Board shall also reimburse for the renewal fees for required license renewal.

2. When the superintendent or his/her designee assigns an employee in the bargaining unit to have a bus inspected, the employee so assigned shall be paid $10.00 or his/her hourly rate, whichever is greater, for the time expended for having the bus inspected.

3. When the superintendent or his/her designee assigns an employee in the bargaining unit to drive and operate buses for field trips, the employee so assigned shall be paid his/her individual hourly rate for all hours worked.

4. If the Board of Education requires uniforms for bus drivers, the Board of Education shall supply same.

5. A driver will be paid $22.50 each time s/he washes his/her bus. Permission to wash the bus must be obtained from the transportation coordinator prior to washing the bus. Driver will not be paid for more than 10 washes per year.
Family Medical Leave Act

A. Child rearing leave to be in accordance with the Family Medical Leave Act/Family Leave Act.

A. Vacation eligibility shall be determined from July 1st of each year.

B. Requests for vacation time of 5 days or more at any time when students are present on the premises, shall be made at least 15 days prior to the date the vacation time is to commence, and the granting of such vacation time shall be subject to approval of the Superintendent or his/her designee.

C. Employees shall be eligible for vacations on the following basis:

1. All supportive staff on a twelve (12) month basis shall be granted one (1) working day of vacation for each full month employment providing s/he has been an employee of the Board of Education six (6) or more consecutive months.

2. After the completion of five (5) years employment within the district, said employee shall receive fifteen (15) days vacation; upon completion of fifteen (15) years of service, said employee shall receive seventeen (17) working days vacation. Upon completion of twenty (20) years of service, said employee shall receive twenty (20) working days vacation.

D All vacation days shall be utilized in the year earned. An employee shall not be permitted to accrue more than five (5) vacation days in any given year.

A. Full Health Care Coverage

The Board shall provide health, medical, dental and prescription coverage for each unit member who is eligible under the same terms and conditions as provided for under the teacher's contract which shall be set forth at length as part of this contract.

1. The Board of Education shall pay the full premium for each individual employee and in cases where appropriate for family plan insurance coverage as follows: Major medical and hospitalization coverage, at levels consistent with those offered by the New Jersey State Health Benefits Program, and a co-pay prescription plan: $10.00 generic, $15.00 brand name and $25.00 non-formulary drugs, without contraceptive and without fertility drugs. Deductibles on health insurance coverage for Blue Cross/Blue Shield Pace shall be increased to $250.00 per individual and $400.00 for family coverage effective April 1, 2003.

The prescription plan shall be a mandatory generic plan unless a doctor specifically prescribed a name brand.

2. The Board agrees to request the insurance carrier to provide a description of the health care insurance coverage provided under this Agreement to each employee.

3. Dual Health Coverage: Those employees having dual health coverage, (i.e., coverage provided by a spouse or other member of the employee's family) shall be permitted to decline health insurance coverage as provided by the Board pursuant to this contract, and, if so electing, shall receive a stipend of $1,750.00 per year. In the event of a change of life event, such as death or divorce of spouse, or loss of insurance coverage, and as permitted by the health insurance carrier, the employee shall be permitted to re-enroll in the Board's health insurance plan without penalty. This proposal is contingent upon a Cafeteria 125 Plan being established in accordance with Internal Revenue Service Guidelines. The current Section 125 Plan used for dual health insurance to be expanded to permit medical accounts, day care accounts, etc.

4. New hires as defined by this contract shall be provided with singles only coverage until such time as tenure is achieved or after three (3) years continuous employment within the District. Those new hires shall have the option of purchasing additional coverage at the group rate at their own expense.

5. New hire shall be defined as those employees employed by the Board as of or after September 1, 1996.

6. Part time employees may purchase supplemental insurance by means of automatic payroll deduction at group rates as permitted by the insurance carrier master contract.

A. Salary Schedule
      The salaries for employees covered by this agreement are set forth in the Salary Guide which are attached hereto and made a part hereof.

B. Salary Schedule Clarifications

1. 2003/2004 - 4.3%, 2004/2005 - 4.4%, 2005/2006 - 4.5%. Salary Guides to be mutually developed

2. Maintenance employee, Clint Wade, shall receive a stipend, each year of this contract only, which sum shall not be added to his base salary as follows: $500.00 with understanding the Board of Education train 2 more employees/Administration.

C. Method of Payment

1. Twelve (12) month - Each employee on a twelve (12) month basis shall be paid in twenty-four (24) semi-monthly installments.

2. Ten (10) month - Every effort will be made that each employee on a ten (10) month basis shall be paid in twenty (20) equal semi-monthly installments, with the first pay paid on September 15.

Every effort will be made to pay extra-compensation on the pay date that next follows the period that the extra-compensation was earned.

3. Exceptions - When a payday falls on or during a school holiday, vacation or weekend, every effort shall be made to give employees their paychecks on the last previous working day.

4. Final Pay - Every effort shall be made to see that each ten (10) month employee shall receive his/her final pay his/her last working day in June.


A. School district seniority is defined as service by appointed employees in the school district in the collective bargaining unit covered by this agreement. An appointed employee shall lose all accumulated school district service only if s/he:

1. Resigns or is discharged for cause irrespective of whether s/he is subsequently rehired by the school district.

B. In the event of a work location reduction in force, including reductions caused by the discontinuance of a facility or its relocation, the employees shall be laid off in the inverse order of seniority of the employees in the department involved at the work location, consistent with Title 18A: 17-4.

C. Notice of recall to work shall be addressed to the employee's last address appearing on the records of the school district, by certified mail, return receipt requested. Within two (2) weeks from receipt of such notice of recall, the employee shall notify the director of the department involved, in writing, whether or not s/he desires to return to work. If s/he fails to reply or if s/he indicates that s/he does not desire to return to such work, s/he shall forfeit all of his/her seniority and lose all rights to recall. If s/he indicates that s/he desires to return to the work
      involved in the recall notice, then s/he shall report for such work within five (5) days from the date s/he receives the recall notice or within such period of time as it is set forth in a written extension of time signed by the director of the department or his/her designee. In the event s/he shall fail to so report to work, s/he shall forfeit all of his/her seniority and all rights to recall.

D. Seniority shall not be accumulated during the period of lay off. Upon recall the appointed employee shall have his/her accumulated seniority to the date of lay off.

A. Association Payroll Dues Deduction

1. The Board agrees to deduct from the salaries of its employees dues for the Upper Township Supportive Staff Association, the New Jersey Education Association, or the National Education Association or any one or any combination of such associations as said employees individually and voluntarily authorize the Board to deduct. Such deductions shall be made in compliance with Chapter 233, New Jersey Public Laws of 1969 (NJSA 52:14-5,9e) 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 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 60 days prior to the effective date of such change.

B. Local, State and National Services
      The Board agrees to deduct from the salaries of the employees, dues for the national, state, county and local education associations. Such deductions shall be made in compliance with Chapter 233, New Jersey Public Laws of 1969 (NJSA 52:14-15, 9e) and under rules established by the state department of education.

C. Tax Sheltered Annuity Program
      The Board agrees to implement the four tax sheltered annuity programs already in the district.

A. Nondiscrimination
      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. Savings Clause
      Except as this agreement shall otherwise provide, all terms and conditions of employment applicable on the signing day of this agreement to employees covered by this agreement as established by the rules, regulations and/or policies of the Board in force on said date, shall continue to be so applicable during the term of this agreement.

D. Separability
      If any provision 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 subsisting, except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect.

E. Compliance Between Individual Contract and Negotiated Agreement
      Any individual contract between the Board and an individual employee, heretofore or hereafter executed, shall be subject to and consistent with this agreement during its duration shall be controlling.

F. Printing Agreement
      Copies of this agreement shall be printed at the expense of the Board after agreement with the Association on format within thirty (30) days after the agreement is signed. The agreement shall be presented to all employees now employed, hereafter employed or considered for employment by the Board.

G. Whenever any notice is required to be given by either of the parties to this agreement to the other, pursuant to the provision(s) of this agreement, either party shall do so by registered letter at the following address:

1. If by Association to Board:
          Upper Township Board of Education
525 Perry Road
Petersburg, NJ 08270

2. If by Board to Association:

President, UT SSA
c/o Upper Township Middle School
525 Perry Road
Petersburg, NJ 08270


A. Purpose of Fee
If an supportive staff member does not become a member of the Association during any membership year (i.e., from July 1 to the following June 30) which is covered in whole or in 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.

B. Amount of Fee/Notification
Prior to the beginning of each membership year, the Association will notify the Board in writing of the amount of the regular membership dues, initiation fees and assessments charged by the Association to its own members for that membership year. The representation fee to be paid by nonmembers will be determined by the Supportive Staff Association in accordance with the law.

C. Deduction and Transmission Fee

1. Notification
          On or about the 15th of September of each year the board will submit to the Association a list of all employees in the bargaining unit. On or about January 1 of each year the Supportive Staff Association shall notify the Board of Education as to the names of those employees who are to pay the representation fee.

2. Payroll Deduction Schedule
          The Board will deduct from the salaries of the employees referred to in Section C-1 the full amount of the yearly representation fee in equal installments beginning with the first pay check in February.

          (Please note: The representation fee deducted shall be retroactive to July 1st).

3. Termination of Employment
          If an employee who is required to pay a representation fee terminates his/her employment with the Board before the Association has received the full amount of the representation fee to which it is entitled under this Article, the Board will deduct from the last paycheck paid to said employee during the membership year in question.

4. Mechanics
          Except as otherwise provided in this Article, the mechanics for the transmission of such fees to the Association will, as nearly as possible, be the same as those used for the transmission of regular membership dues to the Association.

          a. Clarification: If dues for members are paid by automatic payroll deduction; fees paid by fee payers shall be in the same manner. Cash payment is only accepted if members also pay in cash.
          b. Dues deducted are submitted to the Supportive Staff Association, as are representative fees, not to the local association.

5. Changes
          The Association will notify the Board of any changes in the list provided for in Paragraph 1 above and/or the amount of the representation fee, and such change will be reflected in any deductions made more then 10 days after the Board received said notification.

6. New Employees
          On or about the last day of each month, beginning with the month, this agreement becomes effective, the Board will submit to the Association, a list of all employees who began their employment in a bargaining unit position during the preceding 30 day period. The list will include names, social security numbers, job titles, dates of employment and places of assignment for all such employees. The Board will also notify the Association of any change in status of an employee regarding transfer, leave of absence, return from leave, retirement, resignation, separation from employment, or death.
      7. The Association shall indemnify and hold the Board harmless against any and all claims, demands, suits and other forms of liability, including liability for reasonable counsel fees and other legal costs and expenses, that may arise out of, or by reason of, any action taken or not taken by the employer in conformance with this provision.

      8. The Association agrees that it shall have in place provisions for a demand and return system as required by law.

A. Duration Period
      This agreement shall be effective as of July 1, 2003 and continue in effect until June 30, 2006.
      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.


President President

Secretary Secretary

Date Date





Upper Tp BE and Upper Tp Supp Staff Assn  2003.pdf