LODI BOARD OF EDUCATION
THE ASSOCIATION OF LODI SCHOOL SUPERVISORS
2009 – 2010, 2010 – 2011, 2011 – 2012
TABLE OF CONTENTS
Article I RECOGNITION 1
Article II SUPERVISOR RIGHTS 2
Article III ASSOCIATION RIGHTS: PRIVILEGES & RESPONSIBILITIES 3
Article IV BOARD ALSS RELATIONSHIP 5
Article V WORK YEAR 6
Artivle VI TEMPORARY LEAVES OF ABSENCE 7
Article VII Extended Leave of Absence 9
Professional Days 7
Temporary Military 8
Board of Education Act of Compassion Clause 8
Article VIII WORKDAY AND INSTRUCTIONAL LOAD 13
Anticipated Disability Leave 9
Child Rearing Leave 10
Illness To The Family 11
Return From Leave 12
Extensions And Renewals 12
Article IX CLASS SIZE 15
Article X NON-SUPERVISORY DUTIES 16
Article XI PAYROLLL DEDUCTION FROM SALARY 17
Article XII MISCELLANEOUS PROVISION 18
Article XIII SICK LEAVE 20
ARTICLE XIV PROTECTION OF EMPLOYEES AND PROPERTY 22
ARTICLE XV INSURANCE PROTECTION 24
ARTICLE XVI GRIEVANCE 26
ARTICLE XVII VOLUNTARY TRANSFER AND REASSIGNMENT 30
ARTICLE XVIII INVOLUNTARY TRANSFER AND REASSIGNMENT 31
ARTICLE XIX PROMOTIONS 32
ARTICLE XX SUPERVISOR EVALUATION 34
ARTICLE XXI COMPLAINT PROCEDURE 36
ARTICLE XXII SUPERVISOR FACILITIES 38
ARTICLE XXIII EXTENDED BENEFITS 39
ARTICLE XXIV DURATION OF CONTRACT 40
ARTICLE XXV TAX SHELTERED ANNUITIES 41
ARTICLE XXVI NEGOTIATIONO PROCEDURE 42
ARTICLE XXVII SALARIES 44
SALARY GUIDES 47
This Agreement entered into by and between the LODI BOARD OF EDUCATION, Lodi, New Jersey (hereinafter referred to as the "Board"), and the ASSOCIATION OF LODI SCHOOL SUPERVISORS (hereinafter referred to as ALSS).
WHEREAS, the members of the supervisors staff are particularly qualified to advise in the formulation of policies and programs directed toward the improvement of education standards; and
WHEREAS, the Board and ALSS do positively recognize that the welfare of the children of Lodi is paramount in the operation of our schools; and
WHEREAS, the Board and ALSS have reached certain understandings which they desire to confirm in this Agreement; now therefore
BE IT RESOLVED, that in consideration of the following covenants, it is hereby agreed as follows:
The Board and the Association agree that the Association of Lodi School Supervisors will consist of the Supervisors of the Business, Industrial Arts, Language Arts, Mathematics, Science, Social Studies, Physical Education, Health, and Special Education, as well as Basic Skills and Foreign Language at the high school and any new supervisor position established at Lodi High School and the Thomas Jefferson Middle School by the Board.
ECS (Education Community Service) becomes the responsibility of the Guidance Department in September, 1994.
Unless otherwise indicated, the term "employee" when used hereinafter in this agreement or any associated document(s), shall refer to each member of the Association as defined above.
Nothing contained herein shall be construed to deny or restrict to any employee such rights as he/she 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.
No employee shall be disciplined, reprimanded, reduced in rank or compensation or deprived of any professional advantage without just cause. Any such action asserted by the Board, or any agent or representative thereof, shall be subject to the grievance procedure herein set forth.
Whenever any employee is required to appear before the Superintendent, Board or any committee, member, representative or agent thereof concerning any matter which could adversely affect the continuation of that supervisor in his/her office, position or employment or the salary or any increments pertaining thereto, then he/she shall be given prior written notice of the reasons for such meeting or interview and shall be entitled to have a representative of the Association present to advise him/her and represent him/her during such meeting or interview.
No employee shall be prevented from wearing pins or other identification of membership in the Association or its affiliates.
ASSOCIATION RIGHTS: PRIVILEGES AND RESPONSIBILITIES
The Board agrees to furnish to the Association in response to reasonable requests from time to time all available information that is in the public domain and is not protected by the Sunshine Law, together with the information which is necessary for the processing of any grievance or in connection with contractual negotiations provided such requests are in writing and specifically describe the information requested.
Whenever any representative of the Association or any supervisor is mutually required by the parties to participate during working hours in negotiations, grievance proceedings, conferences, or meetings, he/she shall suffer no loss of pay.
The Association and its representatives shall have access to school buildings at all reasonable hours for meeting provided permission is first obtained from the Superintendent or from the Board Secretary, in the absence of the Superintendent. This permission will not be unreasonably withheld. All officers of the ALSS shall be permitted to transact Association business at all reasonable times, provided it does not interfere with or interrupt normal school operations.
The Association shall have access to school facilities and equipment, including typewriters, computers/word processors, duplicating machines and all types of audio-visual equipment at reasonable times after first receiving permission from the Superintendent. Permission may not be unreasonably withheld. The Association shall pay for the reasonable cost of all materials and supplies incident to such use and for any repairs necessitated as a result thereof.
The Association shall have in each school building, the exclusive use of a bulletin board in each faculty lounge and teachers' dining room. The Association shall be assigned adequate space on the bulletin board in the central office for Association notices. The location of Association bulletin boards in each room shall be designated by the Association. Copies of all materials to be posted on such bulletin boards shall be given to the building Principal prior to such posting.
The Association shall have the privilege of making reasonable use of the interschool mail facilities and school mail boxes for distribution of general Association materials, with full knowledge of the Superintendent and building Principal.
The Board may grant excused absences without the loss of pay to the President of the Association, during his/her term of office to attend meetings, conferences, workshops, and conventions of affiliate associations according to reasonable prior notice and the approval of the Superintendent of Schools.
All orientation programs for new supervisors shall be sponsored by the Board. To the extent permitted by Law, the Board shall assume cost.
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 supervisors, and to no other organizations.
The provisions of this Agreement are subject to the Statutes and Laws of New Jersey, and shall not annul or modify any Statute or Statutes of this State. If any provision of this Agreement shall be found contrary to the law, that provision shall be considered void, but all other provisions shall continue in full force and effect.
Names and addresses of new supervisors shall be released to the ALSS as soon as practicable.
BOARD ALSS RELATIONSHIP
The Board and ALSS observe a strict line of staff relationships. Board to Superintendent to Principal to Supervisor (or similar equal status supervisor) and reverse procedure.
All members of the Association shall be employed on a ten (10) month basis and in no case shall the work year exceed one hundred eighty-four (184) days, which shall be the same work year as the teachers.
All holidays and school closings granted to teachers shall also be granted to Association members, including the half-day sessions on election days, at the end of school year and on the last school day before the Thanksgiving and Christmas vacations.
All members shall receive four (4) personal days annually. A maximum of two (2) unused personal days shall be added to the members sick leave bank annually.
All ALSS members shall be granted all holidays and recess periods granted to teachers as per the yearly school calendar.
On the last school day before Thanksgiving and Christmas vacation begin, and the last 3 days of the school year and election days, said days shall be ½ day sessions. All other days shall be full session days.
Supervisor’s attendance shall not be required whenever student attendance is not required due to inclement weather.
TEMPORARY LEAVES OF ABSENCE
TYPES OF LEAVE
Employees shall be entitled to the following temporary non-accumulative leaves of absence with full pay each school year:
All members shall receive four (4) personal days annually. A maximum of two (2) unused personal days shall be added to the members sick leave bank annually.
Employees will be granted leave for the purpose of visiting other schools or attending meetings or conferences of an educational nature with the discretionary approval of the Superintendent.
Time necessary for appearances in any legal proceeding connected with the person's employment or with the school system. This provision shall not apply where an individual has instituted legal action against the Lodi Board of Education, unless the individual prevails in each action. Any supervisor required to serve jury duty will be granted the time to serve and return to the Board any and all payment received for jury service.
a. Two days prior to the funeral
Up to four (4) days at any one time in the event of death of any employee's spouse, child, son-in-law, daughter-in-law, parent, father-in-law, mother-in-law, brother, sister, brother-in-law, sister-in-law, grandmother, grandfather, stepchild, stepmother, stepfather, stepbrother, stepsister, alternative lifestyle partner, or any other member of the immediate household. One (1) funeral day will be granted for aunt, uncle, and grandparents-in-law. In the event of the death of an employee or student in the Lodi 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 at the discretion of the Superintendent.
The parties agree in principle that those days defined as funeral days shall be granted only on those days when school is in session.
Funeral days shall be granted on work days only, and further shall be granted as follows:
b. The day of the funeral
c. The fourth funeral day will be a floating day to be taken at the discretion of the employee, up to thirty (30) days after the funeral.
Time necessary for persons called into temporary active duty of any unit of the U.S. Reserves or the State National Guard. An employee shall be paid his/her regular pay in addition to any pay which he/she received from the state or federal government.
Board of Education Act of Compassion Clause
In the event an employee has utilized all of his/her sick leave, because of personal illness, said employee may at his/her discretion appeal to the Board for additional sick leave with pay. The Board shall consider each case individually, and on its merits may grant additional sick leave.
IN ADDITION TO SICK LEAVE
Leaves taken pursuant to Section C above shall be in addition to any sick leave to which the employee is entitled.
EXTENDED LEAVE OF ABSENCE
ANTICIPATED DISABILITY LEAVE
Military leave without pay shall be granted to any tenured employee who enlists in any branch of the armed forces of the United States for the period of said service and three (3) months thereafter, or three (3) months after recovery of any wound or sickness at time of discharge.
Any supervisor who anticipates undergoing a state of disability such as, but not limited to, surgery, hospital confinement, medical treatment or pregnancy, may apply for a leave of absence based upon anticipated disability in accordance with provisions hereinafter set forth in which instance such leave of absence shall be chargeable to the sick leave account of said supervisor. All supervisors covered by the Agreement anticipating a state of disability shall notify the Superintendent through their Principal of the conditions expected to result in disability as soon as the condition which may result in disability is known.
A teacher who desires to continue in the performance of his/her duties during a period expected to lead to a state of disability shall be permitted to do so provided said teacher produces a statement from his/her physician stating that said teacher is physically capable of continuing to perform his/her duties and further stating up to what date, in the opinion of said physician, the teacher is capable of performing said duties.
Should the Board seek the removal of any teacher who is unable to continue in the performance of his/her duties because of disability, the Board may invoke the appropriate procedures for such removal.
The Board shall not maintain or enforce any policy or practice for removal of any tenured or non-tenured teacher from her teaching duties that is based solely on the fact of pregnancy or a specific number of months of pregnancy, but shall consider and treat each teacher on an individual basis.
The Board may seek to remove any pregnant teacher from her teaching duties on any one of the following bases:
Her teaching performance has substantially declined from the time immediately prior to her pregnancy.
Her physical condition or capacity is such that her health would be impaired if she were to continue teaching, and which physical incapacity shall be deemed to exist only if:
the pregnant teacher fails to produce a certification from her physician that she is medically able to continue teaching; or
the Board of Education's physician and the teacher's physician agree that she cannot continue teaching; or
following any difference of medical opinion between the Board's physician and the teacher's physician, the Board requires expert consultation, in which case the Bergen County Medical Society shall be requested to appoint an impartial third physician who shall examine the teacher and whose medical opinion shall be conclusive and binding on the issue of medical capacity to continue teaching. The expense of any examination by an impartial third physician under this paragraph shall be shared equally by the teacher and the Board.
Any other "just cause" as defined in N.J.S.A. Title 18A and Article IV(C).
Where disability leaves have been approved, the commencement or termination dates thereof may be further extended or reduced for medical reasons upon application by the teacher to the Board. Such extensions or reductions shall be granted by the Board for additional reasonable periods of time provided, however, that the Board may alter the requested dates upon finding that such extensions or reductions would substantially interfere with the administration of the school and/or with the education of the pupils, and provided further that such change by the Board is not medically contraindicated. All extensions of such leave shall in any event be subject to the provisions of N.J.S.A. 18A:30-1, et seq., and specifically N.J.S.A. 18A:30-6 and 18A:30-7.
These provisions shall not be deemed to impose on the Board any obligation to grant or extend a disability leave of absence of any non-tenured teacher beyond the end of the contract school year in which the leave is obtained.
CHILD REARING LEAVE
In the case of the birth or adoption of a child, any teacher shall have the right to apply for a leave provided herein for child rearing purposes. In cases where both husband and wife are teachers in the school system, only one of said persons may be entitled to such leave.
A child rearing leave shall be granted for a period of up to two (2) years.
Application for a child rearing leave must be filed at least three (3) months before the anticipated birth or adoption of the child or immediately upon termination of the disability leave. Application deadlines may be waived in cases of sudden emergency or exigency.
The teacher shall specify in writing, the date on which he/she wishes to commence the leave and the date on which he/she wishes to return to work.
The Board may change the requested dates upon a finding that the granting of such leave for dates requested would substantially interfere with the administration of the school.
Following the granting of such leave to any teacher, the commencement or termination dates thereof may be further extended or reduced upon application by the teacher that should be submitted at least three (3) months prior to the desired change by the teacher.
Such extension or reduction shall be granted by the Board for an additional, reasonable period of time except that the Board may alter the request based upon finding that such extension or reduction substantially interferes with the administration of the school.
When a teacher who has been granted a child rearing leave returns to the system, such teacher may be assigned to any position decided upon by the Superintendent so long as such assignment is within the certification of said teacher. The purpose of such assignment is not to interfere with or disrupt the instructional program of the pupils particularly when the pupils may have commenced their instruction with a teacher who was assigned to the pupils at the start of the school year.
Anything to the contrary notwithstanding a child rearing leave granted to a non-tenured teacher need not be extended beyond the end of the contract year in which the leave is obtained.
To be eligible for a subsequent child rearing leave, a teacher must have been actively employed in the district for the full academic year prior to the requested leave.
ILLNESS TO THE FAMILY
A leave of absence without pay of up to one (1) year shall be granted for the purpose of caring for a sick member of the tenured teacher's immediate family. Additional leave may be granted at the discretion of the Board.
RETURN FROM LEAVE
All benefits to which a teacher was entitled at the time his/her leave of absence commenced, including unused accumulated sick leave and credits toward sabbatical eligibility, shall be restored to him/her upon his/her return.
EXTENSIONS AND RENEWALS
All extensions or renewals of leaves shall be applied for and granted or denied in writing. All health benefits will be maintained for the first 12 weeks of leave. Extended leave is available to eligible teachers either through statutes or through the provisions of this Article. The leaves may not be utilized consecutively.
WORK DAY AND INSTRUCTIONAL LOAD
At the High School the work day for all Supervisors shall be from 8:00 A.M. through 2:50 P.M. including a forty (40) minute duty-free lunch period. On Fridays and the day immediately preceding holidays, Supervisors may leave five (5) minutes after student dismissal.
At the Middle School the work day for all Supervisors shall be from 8:35 A.M. through 3:25 P.M. including a forty-four (44) minute duty-free lunch period. On Fridays and the day immediately preceding holidays, Supervisors may leave five (5) minutes after student dismissal.
At the High School, Supervisors shall be assigned no more than four student instruction periods per day, three (3) teacher supervision periods per day along with one preparation period per day, and a forty (40) minute duty-free lunch period for the duration of this agreement.
At the Middle School, Supervisors shall be assigned no more than five student instruction periods, two (2) preparation periods per day, and a forty four (44) minute duty free lunch.
A student instruction period is defined as any period where a Supervisor is responsible for directing the learning or overseeing the behavior of students. A teacher supervision period is defined as any period during which a Supervisor manages the instructional strategy and directs the curriculum planning of the teachers within their departments.
Participation in extra-curricular activities, including athletic activities, which occur outside the regularly scheduled in-school day shall be voluntary.
An employee may be assigned to participate in extra-curricular activities which occur during the regularly scheduled in-school work day by the building principal with the exception of those ECAs listed in Schedule B within the prescribed in-school day.
Compensated extra-curricular activities are listed in the Appendix with the respective stipends that shall be paid employees performing these responsibilities.
Field trips shall be scheduled and implemented in a manner which shall be mutually agreed upon by the employees participating in them. Written permission for field trips shall be obtained from the Superintendent through the building principal to guarantee insurance coverage as a school sponsored activity.
Staff participating in overnight field trips shall be compensated as follows: $150.00 per night not to exceed $300.00 for the duration of the contract. This reimbursement shall not be applied for athletic activities.
When a regularly employed elementary classroom teacher is assigned students from another teacher's class for the day, the teacher(s) so assigned shall be compensated by dividing the substitute teacher pay by the number of teachers assigned to substitute for the absent teacher.
The Board of Education shall make every effort to provide a substitute for high school, middle school, and elementary school classes including special area substitute for art, gifted K-3, music, physical education, librarian, and speech.
When a special subject area teacher is absent and no substitute is available, and any unit member substitutes for a teacher beyond their normal workday, the unit member shall be compensated at the rate of thirty ($30.00) dollars for the 2009-2010 school year; thirty ($30.00) dollars for the 2010-2011 school year; and thirty-five ($35.00) dollars for the 2011-2012 school year.
Middle School and High School supervisors will receive substitution pay for both their supervisory and preparation period coverages.
The Board and the Association recognize that class size has an impact on the learning experiences of children. They shall endeavor insofar as possible to maintain class sizes which are conducive to improving the educational experience and which are consistent with the recommendations of the State Department of Education.
Supervisors will be responsible for the following:
Curriculum development K-12
Ordering, inventorying, and storing of department textbooks – all supplies and stamping of textbooks.
Continue the coordination of the activities supervisors are presently responsible for:
PAYROLL DEDUCTION FROM SALARY
ASSOCIATION PAYROLL DUES DEDUCTION
The Board agrees to deduct from the salaries of the Association members, dues for the Bergen County Educational Association, the New Jersey Education Association, the National Education Association, and the Principals and Supervisors Association, as said member individual and voluntarily authorize the Board to deduct. Such deductions shall be made in compliance with Chapter 233, New Jersey Public Laws of 1969 (N.J.S.A. 52:14-15.9(e)), 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 Lodi Education Association by the 15th of each month following the monthly pay period in which deductions were made. The person designated shall disburse such monies to the appropriate association or associations.
Each of the associations named above shall certify to the Board, in writing, the current rate of its membership dues. Any association which shall change the rate of its membership dues shall give the Board written notice prior to the effective date of such change.
The Board shall enroll any individual in either the state or a maximum of three other tax sheltered programs which have been approved by mutual consent.
Copies of this agreement shall be printed at the expense of the Board. The Board shall provide two (2) copies of this agreement and the current agreement between the Board and the Association of Lodi School Supervisors to the Association.
The Board and the Association agree that there shall be no discrimination in the hiring, training, assignment, promotion, transfer, or discipline of teachers or in the application or administration of this Agreement on the basis of race, creed, color, religion, national origin, sex, domicile, sexual orientation or marital status.
This Agreement constitutes Board and Association policy for the term of said Agreement, and the Board and the Association shall carry out the commitments contained herein and give them full force and effect as Board policy.
Except as this Agreement shall otherwise provide, all terms and conditions of employment applicable on the signing date of this Agreement to employees covered by this Agreement as established by the rules, regulations and/or policies of the Board in force on said date, shall continue to be so applicable during the term of this Agreement. Unless otherwise provided in this Agreement, nothing contained herein shall be interpreted and/or applied so as to eliminate, reduce nor otherwise detract from any teacher benefit existing prior to its effective date.
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 provision 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.
COMPLIANCE BETWEEN INDIVIDUAL CONTRACT AND MASTER AGREEMENT
Any individual contract between the Board and an individual teacher, heretofore or hereafter executed, shall be subject to and consistent with the terms and conditions of this Agreement. If an individual contract contains any language inconsistent with this Agreement, this Agreement, during its duration, shall be controlling.
Any employee who is required to use his/her personal vehicle within the scope of his/her primary employment shall be reimbursed at the fixed rate in accordance with the “OBM” per mile rate as fixed by State Law. Proper documentation of mileage incurred must accompany all submitted reimbursement requests.
Every ALSS member will be allowed sick leave with full pay for a minimum of fifteen (15) school days in each school year. Said sick leave shall be cumulative, and any such sick leave that remains unutilized at the end of the school year shall be carried from year to year unless, and until it is used, in any subsequent years.
Any supervisor steadily employed who is absent from his/her post of duty as a result of personal injury caused by an accident arising out of and in the course of his/her employment, shall be paid full salary for the period of such absence for up to one (1) calendar year without having such absence charged to the annual sick leave or the accumulated sick leave. Salary payments made pursuant hereto shall be made for absence during the waiting period and during the period the employee received or was eligible to receive temporary disability benefits under workmen's compensation law. Any amount of salary so paid to the employee shall be reduced by the amount of any workmen's compensation award made for temporary disability (N.J.S.A. 18A:30-2.1).
NOTIFICATION OF ACCUMULATION
Supervisors shall be given a written accounting of accumulated sick leave days no later than December 1 of each school year.
SICK LEAVE REIMBURSEMENT
Upon the retirement or death of any employee, the Lodi Board of Education shall pay said employee for all unused sick days, up to a maximum of 115 days at the then per diem rate of said employee's salary. Any employee who retires on or prior to July 1, 2009 shall receive the said 115 day reimbursement. Any employee who retires between July 2, 2009 and July 1, 2010 shall receive a maximum of 115 days. Any employee who retires between July 2, 2010 and July 1, 2012 shall receive a maximum of 95 days at the then per diem is defined as 1/185 of annual salary at time of retirement or death. In the event of the death of an employee, said monies shall be made payable to his/her estate.
Said monies may be paid by the Board Secretary in the month of July following the employees’ retirement or death.
Employees who are employed by the Lodi School District for a period of less than 1,850 days shall not be entitled to the above retirement or death benefit.
PROTECTION OF EMPLOYEES AND PROPERTY
UNSAFE AND HAZARDOUS CONDITIONS
Employees shall not be required to work under unsafe or hazardous conditions or to perform tasks which endanger their health, safety or well-being.
18A:6-1 - Corporal Punishment of Pupils. No person employed or engaged in a school or educational institution, whether public or private, shall inflict or cause to be inflicted corporal punishment upon a pupil attending such school or institution; but any such person may, within the scope of his/her employment, use and apply such amounts of force as is reasonable and necessary:
and such acts, or any of them, shall not be construed to constitute corporal punishment within the meaning and intendment of this section. Every resolution, bylaw, rule, ordinance, or other act or authority permitting or authorizing corporal punishment to be inflicted upon a pupil attending a school or educational institution shall be void.
to quell a disturbance, threatening physical injury to others
to obtain possession of weapons or other dangerous objects upon the person or within the control of a pupil;
for the purpose of self-defense; and
for the protection of persons or property;
ACTION BEFORE BOARD OR COMMISSIONER
Whenever any action is brought against an employee before the Board or before the Commissioner of Education of the State of New Jersey which may affect his/her employment or salary status, the Board of Education shall reimburse him/her for the cost of his/her defense if the action is dismissed or results in a final decision in favor of the employee as in accordance with state law.
The Board shall give full support including legal and other assistance for any assault upon the employee while properly acting in the discharge of his/her duties.
When absence arises out of or from such assault or injury, the employee shall be entitled to full salary and other benefits for the period of such absence, but shall not forfeit any sick leave or personal leave.
Reimbursement for Personal Property Damage
The Board shall reimburse employees for the reasonable cost of any clothing or other personal property damaged or destroyed as a result of an assault suffered by an employee while the employee was acting in the discharge of his/her duties within the scope of his/her employment.
The Board shall reimburse an employee for the cost of medical, surgical or hospital services not covered by hospitalization and surgical insurance providing said injury arises from an assault sustained in the course of his/her employment.
Principal or Immediate Superior
Employees shall immediately report cases of assault suffered by them in connection with their employment to their principal or other immediate superior.
Such notification shall be immediately forwarded to the Superintendent who shall comply with any reasonable request from the employee for information in the possession of the Superintendent relating to the incident or the persons involved, and shall act in appropriate ways as liaison between the employee, the police, and the courts.
ALSS members are to receive all insurance coverage benefits granted to all other personnel.
FULL HEALTH CARE COVERAGE
The Board shall provide the Usual Customary Rate Series health care insurance protection designated below (effective January 1, 1979). The Board shall pay the full premium for ALSS members, and in cases where appropriate, for family plan insurance coverage. The Board shall also pay the full premium for ALSS members, and where appropriate for family plan coverage, for Major Medical Insurance.
Provisions of the health care insurance program shall be detailed in master policies and contracts agreed upon by the Board and ALSS and shall include:
Hospital room and board, and miscellaneous costs
Laboratory fees, diagnostic expenses, and therapy treatments
Major Medical Coverage
Eligible dependents to age 23
Pursuant to the law, the Board may elect to change medical insurance carrier of health benefits program only if said change provides a plan and coverage which is equal to or better than the current plan in effect 1989-1990, and in no way diminishes or reduces the current level of health insurance protection. The president of ALSS shall receive copies of all contracts for review.
Complete Annual Coverage
For each ALSS member who remains in the employ of the Board for the full school year, the Board shall make payment of insurance coverage for the full twelve (12) month period commencing September 1st and ending August 31st. When necessary, payment of premiums on behalf of the ALSS member shall be made retroactively or prospectively to assure uninterrupted participation and coverage.
Effective July 1, 2009, the Board shall pay full premium for each employee and in cases where appropriate for family plan prescription coverage administered. Said plan shall be changed from $3.00 co-pay to $3.00 co-pay for generic prescriptions and $10.00 co-pay for brand name prescriptions and expenses incurred by employees for prescriptions shall not be submitted to the Major Medical Program.
Dental Program shall be increased to Program #3 effective July 1, 1987, and shall continue for each year thereafter. Program #3 for New Jersey Dental Service Plan shall be defined as 90/10 coverage. In addition, the ortho portion for said coverage shall be increased to $1,250. The Board shall continue to pay full premium cost for employee and family.
Description To Supervisors
The Board shall provide to each ALSS member a description of the health care insurance coverage provided under this Article which shall include a clear description of conditions and limits of coverage as listed above.
Health Benefits (Section 125 Cafeteria Plan)
Effective 7/1/08 employees of this bargaining unit shall be entitled to receive compensation for opting out of health insurance coverage in accordance with the Section 125 Cafeteria Plan adopted by the Board of Education on June 25, 2008.
Effective July 1, 2006, Fort Dearborn life insurance policy in the amount of $2,500 shall be eliminated.
The parties believe that the adoption of a grievance procedure is a most valuable asset in the smooth functioning of a school system and for the improvement of morale. No matter how hard two interacting parties attempt, in good faith, to avoid disagreements, differences of opinions will arise from time to time. An orderly and peaceful method of resolving these differences is infinitely preferable to frustrated acquiescence, disruptive concerted action, or expensive legal action.
A grievance exists when ALSS members or ALSS claim there has been a violation, misapplication, or misinterpretation of the agreement or of any existing rule, policy, or practice of the school system.
Nothing in this Agreement shall prevent any ALSS member from discussing their grievance with their appropriate superior, provided that the resolution of the grievance is not inconsistent with terms and conditions of the employment of the ALSS member represented by ALSS.
A "grievance" is a claim by an employee or the Association based upon the interpretation, application, or violation of this Agreement, policies or administrative decisions affecting an employee or group of employees.
An "aggrieved person" is the person or persons making the claim.
A "party in interest" is the person or persons making the claim and any person who might be required to take action or against whom action might be taken in order to resolve the claim.
Both parties agree that these proceedings will 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 rapidly 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 time that it cannot be processed through all the steps in this grievance procedure by the end of the school year and, if left unresolved until the beginning of the following school year, could result in irreparable harm to a party in interest, the time limits set forth herein shall be reduced so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicable.
Level One: Principal
An employee with a grievance shall first discuss it with his/her principal, either directly or through the Association's designated representative, with the objective of resolving the matter within twenty (20) school days of its occurrence or when knowledge of the grievance would reasonably be expected. In the event a grievance is not resolved within five (5) school days of oral presentation, the grievance shall be stated in writing and submitted to the principal no later than ten (10) school days from oral presentation. The written notice of grievance shall include the date(s) of the alleged grievance, a precise explanation of article(s), policy(ies) and/or administrative decision(s) claimed to be violated, misinterpreted and/or misapplied and by whom. The written explanation shall describe the adverse effect, loss or damage and the remedy sought.
Level Two: Superintendent of Schools
If the aggrieved person is not satisfied with the disposition of his/her grievance at Level One, or if no decision has been rendered, the grievance may be submitted in writing to the Superintendent within ten (10) school days of the submission of the written grievance to the Principal. The Superintendent shall schedule a hearing within ten (10) school days of receipt of the grievance.
If the aggrieved person is not satisfied with the disposition of the grievance at Level Two, or if no decision has been rendered within five (5) school days after the grievance was heard by the Superintendent, he/she may within five (5) school days after a decision by the Superintendent or ten (10) school days after the grievance was heard by the Superintendent, whichever is sooner, refer it to the Board. Within ten (10) school days after receiving the written grievance, the Board shall make arrangements for a meeting to hear and consider the grievance. The Board shall render a decision on the matter within twenty (20) school days after receipt of the grievance.
If the aggrieved person is not satisfied with the disposition of his/her grievance at Level Three, he/she may within twenty (20) school days after the decision by the Board request in writing that the Association submit his/her grievance to arbitration.
Within ten (10) school days after such written notice of submission to arbitration, the Board and the Association shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, a request for a list of arbitrators may be made to the Public Employment Relations Commission by either party. The parties shall then be bound by the rules and procedures of the Public Employment Relations Commission in the selection of an arbitrator.
The arbitrator so selected shall confer with the Board and the Association and hold hearings promptly and shall issue his/her decision not later than twenty (20) days from the date of the close of hearings or, if oral hearings have been waived, then from the date the final statements and proofs on the issues are submitted to him/her.
The arbitrator's decision shall be in writing and shall set forth his/her findings of fact, reasoning and conclusions on the issues submitted. The arbitrator shall be without power or authority to make any decision which requires the commission of an act prohibited by law or which is violative of the terms of this Agreement. The decision of the arbitrator shall be submitted to the Board and the Association and shall be binding with reference to grievances concerning the alleged misapplication, misinterpretation or violation of the Agreement commencing July 1, 2001. Advisory arbitration shall continue to be the final step for all other grievances of Board policy and administrative decisions.
The cost for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses, and the cost of the hearing room shall be borne by the party whom the arbitrator ruled against. If a consent award is agreed to by the parties, costs shall be split. If the complaint is settled, costs shall be split. If the parties disagree as to whom shall pay, the arbitrator shall have authority to assess costs.
Any grievance not answered within the prescribed time limits, at the level of the Superintendent, or the Board of Education, shall be sustained.
RIGHTS OF SUPERVISORS TO REPRESENTATION
No reprisals, restraints, interference, coercion, discrimination, intimidation of any kind shall be taken by the Board of Education by any member of the administration or by any member of the Association against any party in interest, any representative, any member of the Association, or any other participant in the grievance procedure by reason of such participation.
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 Level Two. The Association may process such a grievance through all levels of the grievance procedure even though the aggrieved person does not wish to do so.
Decisions rendered at Levels One, Two, and Three of the grievance procedure which are unsatisfactory to the aggrieved person shall be in writing setting forth the decision and reasons and shall be transmitted promptly to all parties in interest.
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.
All meetings and hearings under this procedure shall not be conducted in public and shall include only such parties in interest and their designated representatives, heretofore referred to in this Article.
Beyond Level Three (Board) a grievance will not be processed if it applies to the following:
In the matters which according to law are beyond the scope of Board authority.
A complaint of a non-tenure teacher which arises by reason of his/her not being reemployed, unless such non-reemployment is violative of the expressed provisions of this Agreement. It is understood that the arbitrator shall not have the power to award reinstatement.
Pending the final outcome of a grievance, the aggrieved shall continue under the direction of the Board and/or Administration.
VOLUNTARY TRANSFER AND REASSIGNMENT
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 to which the employee desires to be assigned and the school or schools to which he/she desires to be transferred in order of preference. Such requests for transfers and reassignments for the following year shall be submitted not later than April 1, and shall describe the benefit such transfer would have for the district. The Superintendent will review all requests for transfers and reassignments. If the Superintendent deems the transfer/reassignment to be in the best interest of the District, the Superintendent will recommend the transfer/reassignment to the Board.
NOTICE OF AVAILABLE POSITIONS
The following language will appear in the Superintendent's Organizational Manual:
The Superintendent will provide to all principals a list of available positions for September of the upcoming school year. Administrators will be directed to make the list available to all supervisors.
INVOLUNTARY TRANSFER AND REASSIGNMENTS
Notice of an involuntary transfer or reassignment shall be given to employees as soon as practicable, and in no event, except in cases of emergency as determined by the Superintendent, not later than the last working day in June.
Except for emergency as noted in Paragraph A, Article XVIII, an involuntary transfer or reassignment shall be made only after a meeting between the employee involved and the principal, 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 request of the employee, the Superintendent shall meet with him/her and advise the said employee the reasons for the transfer. The employee may at his/her option, have an Association representative present at such meeting with the Superintendent.
New, vacated and/or promotional positions are defined as follows:
Positions paying a salary differential and/or position on the administrator-supervisory levels of responsibility but not limited to positions as Principal, Vice Principal, Superintendent, and Curriculum Director. All vacancies in promotional positions and pupil personnel positions shall be adequately publicized by the Superintendent in accordance with the following procedure:
When school is in session, a notice shall be posted in each school as far in advance as practicable. Ordinarily at least fifteen (15) school days before the final date when applications must be submitted and in no event less than five (5) school days before such date. A copy of said notice shall be made available to the Association at the time of posting.
Employees who desire to apply for such vacancies shall submit their applications in writing to the Superintendent within the time limit specified in the notice.
Employees who desire to apply for promotional positions 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 position(s) for which they desire to apply, and an address where they can be reached during the summer.
In the situation set forth in Section A above, the qualifications for the position, its duties, and the rate of compensation shall be clearly set forth.
All qualified employees shall be given adequate opportunity to make application and no position shall be filled until all properly submitted applications have been considered. The Superintendent agrees to give due consideration to the professional background and attainments of all applicants, including years of service in Lodi.
In the event a position is to be posted during the summer, the Superintendent shall post at the Superintendent's office a list of promotional positions to be filled.
Any Supervisor who wishes to be informed of said postings shall provide the Superintendent with a stamped, self-addressed envelope for said purpose.
All monitoring or observation of the work performance of an employee shall be conducted openly and with full knowledge of the employee.
An employee shall be given a copy of any evaluation report prepared by his/her evaluators at least one (1) day before any conference to discuss it. 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. All employees shall be required to sign a completed evaluation form. It is understood that such signature does not necessarily indicate agreement with the contents of the evaluation. Said employee has the right to attach a rebuttal statement to the evaluation.
Prior to any evaluation report, the immediate superior of an employee shall have had appropriate communication, including but not limited to all steps in Paragraph 2 below with said employee regarding his/her performance as an employee.
Evaluation reports shall be presented to each employee by his/her immediate superior in accordance with the following procedures:
Such reports shall be issued in the name of the immediate superior based on a compilation of reports and observations by any or all supervisory personnel who come into contact with the employee in a supervisory capacity.
Such reports shall be addressed to the employee.
Upon request an employee shall have the right, in the presence of an administrator, to review the contents of his/her personnel file. A supervisor shall be entitled to have a representative of the Association accompany him/her during such review.
No material derogatory to an employee's conduct, service, character or personality shall be placed in his/her personnel file unless the employee has had an opportunity to review the material. The employee shall acknowledge that he/she has had 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 supervisor shall also have the right to submit a written answer to such material and his/her answer shall be reviewed by the Superintendent or his/her designee and attached to the file copy.
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.
TERMINATION OF EMPLOYMENT
Final evaluation of an employee upon termination of his/her 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 procedure set forth in this Article.
Any complaints regarding an employee made to any member of the administration by any parent, student, or other person which does or may influence evaluation of an employee shall be processed according to the procedure below.
MEETING WITH PRINCIPAL OR IMMEDIATE SUPERVISOR
The principal or immediate superior shall meet with the employee to apprise the employee of the full nature of the complaint and they shall attempt to resolve the matter informally.
The employee shall have the right to be represented by the Association in any meetings or conferences regarding such complaint.
In the event a complaint is unresolved to the satisfaction of all parties, the employee may request a conference with the complainant to attempt to resolve the complaint, in the presence of one's immediate superior. If the complaint is unresolved as a result of such a conference or if no mutually acceptable conference can be agreed on, the complaint shall move to Step 2.
Any complaint unresolved in Paragraph B above may be submitted in writing by the complainant or the employee to the building principal or counterpart supervisor who shall forthwith forward a copy to the Superintendent or his/her designee and the complainant.
Upon receipt of the written complaint, the Superintendent or his/her designee shall confer with all parties either separately or jointly. However, prior to the Superintendent forwarding the results of his/her investigation along with his/her recommendations, he/she shall meet jointly with the parties involved to effect a resolution.
If the Superintendent or his/her designee is unable to resolve a complaint to the satisfaction of all parties concerned, at the request of the complainant, or the employee, he/she will forward the results of his/her investigation along with his/her recommendation, in writing, to the Board and a copy to all parties concerned.
After receipt of the findings and recommendations of the Superintendent or his/her designee, and before action thereon, the Board shall afford the parties the opportunity to meet with the Board and show cause why the recommendations of the Superintendent or his/her designee should not be followed. Copies of the action taken by the Board shall be forwarded to all parties.
Any complaint unresolved under Step 5 may be submitted by the employee to the grievance procedure as set forth in Article XIV of this Agreement and shall commence at Level 2.
Each school shall have the following facilities:
Space for each employee within each instructional area in which he/she instructs to store his/her instructional materials and supplies.
An appropriately furnished room shall be reserved for exclusive use of employees as a faculty lounge. Although employees shall be expected to exercise reasonable care in maintaining the appearance and cleanliness of said lounge, the room shall be cleaned regularly by the custodial staff. However, the custodial staff shall not be responsible for cleaning utensils, dishes, pots, refrigerators or stoves.
A serviceable desk and chair for the exclusive use of employees.
Adequate chalkboard space in every classroom.
Adequate books, paper, pencils, pens, chalk, erasers and other such material required in daily teaching responsibility. Adequate shall be defined as one per student in reference to textbooks and workbooks only, as adopted by the Board.
The Board agrees to provide an electronic answering service between 7:00 p.m. and 6:30 a.m., for all employees to report unavailability for work. Once an employee has reported unavailability, it shall be the responsibility of the administration to arrange for a substitute.
Each ALSS member shall be reimbursed by the Board $80.00 per credit not to exceed twelve (12) credits per year for the graduate courses completed.
Upon completion of courses, a transcript shall be submitted to the Superintendent of Schools.
DURATION OF CONTRACT
The duration of this Agreement by and between the LODI BOARD OF EDUCATION and ALSS shall be intended for three (3) years, dated July 1, 2009 to and including June 30, 2012. All items shall be in effect July 1, 2009, unless otherwise noted.
TAX SHELTERED ANNUITIES
The Board shall enroll any individual in either the State or a maximum of three other tax sheltered programs that have been approved by mutual consent.
The parties agree to enter into collective negotiations over a successor Agreement in accordance with Chapter 123, Public Laws 1974, in good-faith effort to reach agreement on matters concerning the terms and conditions of employment. Such negotiations shall begin not later than January 1 of the calendar year preceding the calendar year in which this Agreement expires. Any Agreement so negotiated shall apply to members of the Lodi Education Association, be reduced to writing, signed by the members of the Board's negotiation team and the Association's negotiation team, and presented to the full Board and Association membership for a vote.
During negotiations, the Board and the Association shall present relevant data, exchange points of view and make proposals and counter proposals. The Board shall make available to the Association for inspection the following records, data, and information of the Lodi School System: a budget report, an audit report, a complete list of supervisors’ names, salaries, step on guide, degree, and certification.
Neither party in any negotiations shall have any control over the selection of the negotiating representatives of the other party. The parties mutually pledge that their representatives shall be clothed with all necessary power and authority to make proposals, consider proposals, and make counter proposals in the course of negotiations.
The Board agrees not to negotiate concerning said employees in the negotiating unit as defined in ARTICLE I of this Agreement, with any organization or individual other than the Association for the duration of this Agreement.
This Agreement incorporates the entire understanding of the parties on all matters which were the subject of negotiation. During the term 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 stenographer may be selected to keep minutes of the proceedings, if agreed by both parties; he/she shall not be considered to be part of either negotiating team and the cost of the stenographer shall be shared equally by the Board and the Association.
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.
The salary guide pertinent to this Agreement is set forth in Schedule "A" which is attached hereto and made a part hereof.
Ten (10) Month
Each supervisor employed on a ten (10) month basis shall be paid in twenty (20) equal payments on a semi-monthly basis.
Summer Pay Plan
Each supervisor may individually elect to have ten (10%) percent of his/her monthly salary deducted from his/her pay. These funds shall be deposited in the South Bergen Teachers' Federal Credit Union.
When a pay day falls on or during a school holiday, vacation, supervisors shall receive their pay checks on the last previous working day.
Each supervisor shall receive his/her final pay and the pay schedule for the following year on his/her last working day in June when all professional obligations are fulfilled.
In order to implement a philosophy of encouraging educational improvement, the Lodi Board of Education shall offer the supervisors of the Lodi School System an Educational Credit Payment Plan. The Board of Education shall pay the cost of approved educational credits taken at an accredited institution, subject to the following:
Course must be graduate level.
Courses to be taken and institutions to be attended must be approved by the Superintendent of Schools prior to registering for these courses.
Supervisor must earn a grade of "B" or better in order to receive tuition reimbursement.
Upon completion of courses, an official transcript must be submitted to the office of the Superintendent of Schools indicating satisfactory completion of courses.
The payment shall not include books, registration or student fees, laboratory fees, etc., but is limited to payment for credits only.
Payment shall be limited to no more than eighty ($80.00) dollars in the first year of contract and eighty ($80.00) in the second and third year per credit for twelve (12) credits maximum per year provided such courses have been satisfactorily completed. Payment shall be made in a reasonable time period.
Purpose: Sabbatical leave is a plan designed to help maintain instructional service at the highest level of quality and efficiency. It is a privilege granted to an employee for his/her professional advancement so that he/she may better serve the local school district. A sabbatical leave may be granted to a supervisor by the Board for full-time enrollment under the auspices of a recognized university or foundation.
Conditions: Sabbatical leave may be granted, subject to the following conditions:
Any member who is covered by the terms of this Agreement.
Requests for sabbatical leave must be received by the Superintendent in writing in such form as may be mutually agreed on by the Association and the Superintendent, no later than February 15 of the school year preceding the school year for which the sabbatical leave is requested.
Requests shall be considered from supervisors who have completed seven (7) years' continuous service in the Lodi School System.
The applicant agrees to serve at least two (2) years after the expiration of the leave of absence.
Salary shall be sixty (60%) per cent of the scheduled salary which a supervisor would have received had such leave not been granted.
Upon return from sabbatical leave, a supervisor shall be placed on the salary schedule at the level which he/she would have achieved had he/she remained actively employed in the system during the period of his/her absence and he/she shall be credited with all other benefits for which he/she would have been entitled during the period of his/her leave and continuing thereafter upon his/her return.
A Sabbatical Leave Committee consisting of two (2) members of the Association of Lodi School Supervisors, three (3) administrators and two (2) members of the Board may recommend a candidate for leave.
A supervisor, upon returning from sabbatical leave, must be required to submit a narrative report to the Superintendent of Schools. This report shall be shared with all staff members who can benefit from same. Staff members returning from a sabbatical leave may also be asked to conduct a staff or in-service workshop. A staff or in-service workshop shall not exceed one in number.
COOPERATIVE BUSINESS EDUCATION COORDINATOR
Cooperative Business Education Coordinator shall work two weeks in the summer. Said two weeks shall be determined by the Superintendent of Schools.
The employee shall receive, in addition to his/her salary, $1600 for longevity in September following the employee's 15th year anniversary date.
An additional $1600 shall be received in September following the employee's 17th anniversary date.
An additional $1600 shall be received in September following the employee's 20th year anniversary date.
An additional $1600 shall be received in September following the employee's 24th year anniversary date.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed by their respective negotiating teams and attested by their respective secretaries, all on the day and year designated below: