THE BOARD OF EDUCATION
OF THE BOROUGH OF
WESTVILLE, NEW JERSEY
WESTVILLE EDUCATION ASSOCIATION
FOR THE PERIOD OF
JULY 1, 2009 THROUGH JUNE 30, 2011
TABLE OF CONTENTS
Article I Recognition 3
Article II Negotiations Procedures 3
Article III Grievance Procedure 4-6
Article IV Teacher Rights 6
Article V Association Rights & Privileges 6
Article VI Teacher Work Year 6-7
Article VII Teaching Hours & Teaching Load 7
Article VIII Teacher Employment 8
Article IX Professional Development 8
Article X Teacher Assignment 8-9
Article XI Teacher Evaluation 9
Article XII Voluntary Transfers & Reassignments 9
Article XIII Salaries 9-10
Article XIV Payment for Extra Activities 11
Article XV Professional Study Committee 11
Article XVI Hospitalization, Medical-Surgical Protection 12
Article XVII Personal Days 12-13
Article XVIII Unused Sick & Personal Leave 13
Article XIX Non-Teaching Activities 14
Article XX Miscellaneous Provisions 14
Article XXI Agency Shop 15
Article XXII Duration of Agreement 15
A. The BOARD hereby recognizes the ASSOCIATION as the exclusive and sole representative for collective negotiations concerning terms and conditions of employment for all certificated personnel employed by the BOARD, including:
B. Unless otherwise indicated, the term "Teachers" when used hereinafter in this Agreement, shall refer to all professional employees represented by the ASSOCIATION in the negotiating unit as above defined, and references to male teachers shall include female teachers.
A. On or before October 15th, the ASSOCIATION and the BOARD shall present, in writing, the intent to open contract talks.
B. Representatives of the BOARD and the ASSOCIATION shall begin negotiations on or before October 15th.
C. 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 all matters concerning the terms and conditions of teachers' employment. Any agreement so negotiated shall apply to all teachers, be reduced to writing, be signed by the BOARD and the ASSOCIATION, and be ratified by the BOARD.
D. During negotiations, the parties shall meet at mutually agreed upon times and shall freely exchange points of view, present relevant data, and make proposals and counter-proposals. The BOARD shall make available a completed budget as soon as presented to the public.
E. Neither party in any negotiations shall have any control over the selection of the negotiation representative of the other party.
F. 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.
1. A 'grievance' is a claim by a teacher of the ASSOCIATION based upon the interpretation, application, or violation of this agreement, policies, or administrative decisions affecting the terms and conditions of a teacher’s employment.
1. The purpose of the procedure is to secure, at the lowest possible level, mutually agreeable solutions to the problems which may, from time to time, arise, affecting teachers. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of the procedure.
1. 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.
2. 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 the aggrieved person(s), the time limits set forth herein shall be accelerated, if needed, so that the grievance may be completed by the end of the school year.
3. LEVEL ONE
A teacher with a grievance shall first discuss it with his/her principal or immediate supervisor, either directly or through the aggrieved person(s) designated representative, with the objective of resolving the matter informally.
4. LEVEL TWO
If the aggrieved person is not satisfied with the disposition of his/her grievance at level one, or if no decision has been rendered within five (5) calendar days after presentation of the grievance, s/he may file the grievance in writing with the chairman of the Association's Committee for Professional Rights and Responsibilities (hereinafter referred to as the PR&R Committee) within five (5) calendar days after the decision at Level One or ten (10) school days after the grievance was presented, whichever is sooner. Within five (5) days after receiving the written grievance, the chairman of the PR&R Committee shall refer it to the superintendent.
5. LEVEL THREE
D. RIGHTS OF TEACHERS TO REPRESENTATION
If the aggrieved person is not satisfied with the disposition of his/her grievance at Level Two, or if no decision has been rendered within ten (10) calendar days after the grievance was delivered to the superintendent, s/he may, within five (5) calendar days after a decision by the superintendent or fifteen (15) school days after the grievance was delivered to the superintendent, whichever is sooner, request in writing that the chairman of the PR&R Committee submits his/her grievance to the BOARD. The BOARD, or a committee of the BOARD, shall call a meeting within ten (10) school days. After said meeting, the full BOARD shall render a decision in writing. Miscellaneous: if the teacher(s) fail to follow the procedure, the grievance becomes invalid.
1. Any aggrieved person may be represented at all steps of the grievance procedure by him/herself, or at his/her option, by a representative selected or approved by the ASSOCIATION.
2. No reprisals of any kind shall be taken by the BOARD, or any member of the administration against any party in interest, any representative, any member of the PR&R Committee, or the ASSOCIATION, or any other participant in the grievance procedure by reason of such participation.
1. If, in the judgment of the PR&R Committee, a grievance affects a group or class of teachers, the PR&R Committee may submit such a grievance in writing to the superintendent directly, and processing of such grievance shall commence at Level Two, with the consent of the aggrieved.
2. Decisions rendered at Level One, which are unsatisfactory to the aggrieved person, and all decisions rendered at Level Two and Level Three of the grievance procedure shall be in writing, setting forth the decision and the reasons therefore, and shall be transmitted promptly to all parties in interest and to the chairman of the PR&R Committee. Decisions rendered at Level Three shall be in accordance with the procedures set forth in section C, paragraph 5, of this article.
3. 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.
4. Forms for filing grievances, serving notices, taking appeals, making reports and recommendations, and other necessary documents shall be prepared jointly by the superintendent and the ASSOCIATION and given appropriate distribution so as to facilitate operation of the grievance procedure.
5. All written grievances shall include:
C. date of prior decision (if applicable)
E. description of the incident or alleged violation giving rise to the grievance
6. All meetings and hearings under this procedure shall not be conducted in public and shall include only the aggrieved person(s) interest and their designated or selected representatives heretofore referred to in the Article.
7. Any grievances must be filed within forty-five (45) calendar days of alleged act, or at the time the aggrieved is notified of the decision, either verbally or in writing, causing the grievance.
A. The BOARD agrees that it will neither directly nor indirectly deprive any teacher of the enjoyment of any rights conferred by the laws or the Constitutions of New Jersey and the United States, and that it will not discriminate against any teacher because of his/her membership in the ASSOCIATION and its affiliates or collective negotiations with the BOARD, or his/her institution of any grievance under this Agreement.
B. Any disciplinary action asserted by the BOARD, or any agent representative thereof, shall be subject to the grievance procedure.
C. The teacher shall maintain the exclusive right and responsibility to determine grades within the grading policy of the Westville School District, subject to review by the Superintendent.
D. Whenever any teacher is required to appear before the Superintendent or his designee, BOARD, or any committee, member, representative, or agent thereof, concerning any matter which could adversely affect the continuation of that teacher in his/her office, position, or employment, or salary of any increments pertaining thereto, then s/he shall be given prior written notice of the reasons for such a meeting or interview.
If the teacher so desires, s/he shall be entitled to have a representative of the ASSOCIATION present to advise him/her and represent him/her during any subsequent meeting or interview.
ASSOCIATION RIGHTS AND PRIVILEGES
A. The ASSOCIATION shall have the right to use school buildings at all reasonable hours, provided it does not interrupt the normal operation of the school. The Superintendent shall be notified in advance of the time and place of all such meetings and shall retain the right to regulate the time and place.
B. The rights and privileges of the Association and its representatives, as set forth in this Article, shall be granted only to the ASSOCIATION as the exclusive representative of the teachers.
TEACHER WORK YEAR
A. The in-school work year shall include 180 student days and five (5) in-service days as stipulated in the school calendar. All staff members will be at exit doors at dismissal throughout the year.
B. Leaves of absence, for vacation purposes, will not be granted during the days that school is in session. Permission will not be given with or without pay.
TEACHING HOURS AND TEACHING LOAD
A. As professionals, teachers are expected to devote to their assignments, the time necessary to meet their responsibilities, but they shall not be required to "clock in or clock out" by hours and minutes. Teachers shall indicate their presence for duty in a prescribed manner as determined by the administration.
B. Teacher may leave the building without requesting permission during their scheduled lunch periods, but must indicate their intended absence to the building principal.
C. Teacher meetings will be a maximum of ten (10) per school year, for a maximum of fifty-five (55) minutes each beyond pupil dismissal time. Two additional meetings may be called at the discretion of the Superintendent. The Superintendent may call additional meetings as necessary during the contract day.
D. The regular workday for certificated employees shall be seven (7) hours, except that, teachers will be permitted to leave ten (10) minutes after student dismissal time on Fridays.
The teacher workday will be seven (7) hours and the Association will agree to change start and end times for the purpose of transportation needs.
E. All teachers will be provided a minimum of 175 minutes of preparation time per week, which will be covered by certified personnel. The Superintendent may assign additional prep time minutes for common planning time. No teacher shall be removed from their scheduled preparation time for more than five (5) times in one school year. Preparation time for part-time teachers will be prorated.
F. Teachers may be asked to return for four (4) evening events per year, not to exceed two (2) hours each. (i.e. concert, back to school night, conference). Teachers may leave 10 minutes after student dismissal on the day on which evening conferences are held.
G. Teachers assigned to write Individual Education Plans (IEPs) shall be provided with one hour release time for each IEP written in house with a schedule to be mutually agreed upon by the teacher and administration with substitute coverage provided.
H. Teachers will be assigned to supervise students before school and/or on the playground on an
equal basis for no more than thirty days (30) per teacher, per school year. Five (5) of the thirty (30) days will be designated for breakfast duty which will extend the work day by up to 20 minutes without additional compensation for each of these 5 days.
A. The BOARD agrees to hire only certified teachers holding standard certificates issued by the New Jersey State Board of Examiners for Every teaching assignment, except on occasions when fully certified personnel are not available.
B. Each teacher shall be placed on his/her proper step of the salary guide as of the beginning of the current school year, in accordance with paragraph two below.
Credit for previous outside teaching experience may be given upon initial employment at the discretion of the Superintendent.
A. The BOARD urges all teachers to keep up with the latest professional methods in teaching by continuous professional study. The BOARD agrees to pay 100% of these tuition costs, based on tuition charges at Rowan University, for such courses as approved by the Superintendent. The BOARD's obligation to this benefit shall not exceed:
$12,000 in 2009-2010
$12,000 in 2010-2011
If the reimbursement requests exceed the BOARD's obligation under the contract, reimbursement will be divided among individuals equally not to exceed the price of tuition.
B. Reimbursement will be paid upon receiving a "Pass" in as pass/fail course or a grade of "B" or better (upon receipt of grades). Grades for the summer, fall, and/or spring terms are to be submitted by June 30th; disbursement will be made in July.
C. The BOARD will pay registration and travel costs for any courses (nontuition reimbursed), workshops, seminars, conferences, in-service training sessions, clinics, etc. which teachers are requested by the Administration to attend outside of contract hours.
If requested by the Administration, teachers will be paid for time in the session (actual hours in session, not travel time, etc.), at the professional development rate in Article XIV.
A. All tenured teachers will receive notification of rehire, and non-tenured teachers, who are rehired, shall be given a contract for the forthcoming year not later than May 15th. Teachers who are not being rehired, will be notified by May 15th.
B. Teachers shall be given written notices of their assignments not later than June 1st. The administration may alter, modify, or change such assignments in the event of changes in enrollment or teaching personnel, and shall notify the teacher affected by such changes as soon as practicable.
Legal references for teacher evaluation:
Administrative Code: N.J.A.C. 6A:32-4.4
Administrative Code: N.J.A.C. 6A:32-4.5
VOLUNTARY TRANSFERS AND REASSIGNMENTS
A. No later than May 15th of each school year, the Superintendent shall deliver to the ASSOCIATION, and post in the school office, a list of known vacancies which will occur during the following school year.
B. Teachers who desire a change in grade level, or other assignment which is open, may apply in writing to the Superintendent, stating their interest and qualifications. Staff members who make such application and are not appointed may request a written statement from the Superintendent giving his reasons for the decision.
A. The salary guide (Exhibits A, B, and C) shall apply to employees covered in the agreement.
B. Staff employed on a twelve-month basis shall be paid in 24 semi-monthly installments. Staff employed on a 10-month basis shall be paid in 20 semi-monthly installments.
Pay dates shall be the 15th and 30th of each month with the following exceptions:
When a payday falls on or during a school holiday, vacation, or weekend, staff shall receive their paychecks on the last previous working day, except in the event of deviation from the approved school calendar.
C. Teachers shall receive their final paycheck on the last working day in June, provided their room, and/or other areas of their responsibility, are orderly, as per inspection by a committee of administrators and W.E.A. members.
D. Placement on the salary guide beyond the Bachelor's degree must be updated, by proof of graduate credits, except where position on the guide has been granted by the BOARD as of June, 1997.
E. Upon completion of their 25th year of pension credit, teachers will receive an additional $500 longevity above the guide. Teachers completing their 26th year of pension credit will receive an additional $500 longevity above the guide. Teachers completing their 27th year of pension credit will receive an additional $750 longevity above the guide. Teachers already receiving a longevity stipend prior to the 2003-06 agreement will continue to receive $1,000.
The first year in which a teacher is eligible for longevity shall be pro-rated based upon the month in which the teacher has completed 25 years of pension credit. All other longevity milestones (26th year and beyond) shall be as of September 1st of a school year. If a teacher has not attained the number of years of pension credit as of September 1st, they will receive the increased longevity amount in their contract the following school year.
The following guides are attached as Exhibit A and B.
WESTVILLE B.O.E. – 2009-2010
TEACHERS' SALARY GUIDE
WESTVILLE B.O.E. -- 2010-2011
TEACHERS' SALARY GUIDE
PAYMENT FOR EXTRA ACTIVITIES
A. The BOARD agrees that the following activities shall receive extra payment as follows:
PROFESSIONAL STUDY COMMITTEE
A. The ASSOCIATION and the BOARD shall select a committee which shall meet with the Superintendent whenever necessary during the school year to review and discuss local school problems and practices.
B. Areas of consideration shall include, but not be limited to, such matters as curriculum, textbooks, distribution of materials and supplies, student discipline, and parent visitation. Said committee shall consist of three (3) ASSOCIATION members, three (3) BOARD members, and two (2) Administrators.
HOSPITALIZATION, MEDICAL-SURGICAL PROTECTION
For employees hired prior to July 1, 2009, the BOARD will pay one hundred percent (100%) of single coverage with a premium cost not to exceed the NJ Direct 10 plan. Dependent coverage will be paid at the rate of one hundred percent (100%), with the premium cost not to exceed the NJ Direct 10 plan.
For employees hired effective July 1, 2009, The BOARD will pay one hundred percent (100%) of single and dependent coverage with a premium cost not to exceed the AETNA plan. If an employee elects to take one of the other plans offered through the SEHBP, that employee will be responsible for paying the difference in premium through a payroll deduction.
The plan will be equal to, or better than, the NJ Direct 10 plan available through the New Jersey State Employee Health Benefits Plan. Employees will be offered a choice of two alternate Health Maintenance Plans payable at the same percentage as previously listed. The two HMO plans to be decided upon cooperatively between the BOARD and the ASSOCIATION representative.
The BOARD will pay one hundred percent (100%) of the single premium cost for dental insurance. Dependent coverage, if made available by the provider, will be offered. The full cost of dependent coverage will be the responsibility of the employee.
The BOARD will pay one hundred percent (100%) of the single premium cost for a prescription plan with a co-pay as determined by the SEHBP plan. Dependent coverage, if made available by the provider, will be offered. Dependent coverage will be paid by the Board at the rate of 25%.
For those employees eligible to waive benefits, a cash in lieu of benefits option will be offered as
per district policy. See Policy #3420.1
A. The BOARD will grant up to three (3) personal days per year without reason. Additional days, by stating a reason to the Superintendent may be granted, but without pay.
B. Except in emergency cases, a minimum of forty-eight (48) hours notice is required for personal business leave.
C. No personal days will be approved for days immediately preceding or following a scheduled school holiday or vacation. School holiday or vacation shall be defined as when both students and teachers are not required to be in school as indicated on the approved school calendar. In extenuating circumstances, the personal day may be granted if recommended by the Superintendent.
D. All staff members are encouraged to schedule health and business appointments outside school hours or on days when school is not in session.
E. At the conclusion of each school year, all unused personal leave days shall be added to the employee’s accumulated sick leave.
UNUSED PERSONAL AND SICK LEAVE
A. In the event a teacher has met the following requirements:
1. a minimum of fifteen (15) years of service to the Westville School District,
2. has accumulated sick and/or personal leave and qualifies for a service, age, or disability retirement under the New Jersey State Pension Plan, and
3. notifies the BOARD on or before December 15th of the school budget year in which s/he retires,
Personal days: As per the attached list, banked personal days will be frozen effective June 30, 2006. At the time of retirement, as per the eligibility
the BOARD shall make payment, at the beginning of the next school budget year, to that teacher in the following amount:
Sick Leave: Seventy ($70) per day for all unused sick days up to 120 days.
requirements listed in Article XVIII A. 1, 2, & 3, these employees shall
receive payment at the beginning of the next school budget year at $70.00 per day.
B. If a teacher notifies the BOARD after December 15th, it will result in the payment of the bonus the following year. Emergency or unusual circumstances concerning this provision of notification will be addressed on an individual basis.
C. In the event of the death of an employee who has met all requirements under this section for sick day payment, payment shall be paid to his/her estate.
D. If a teacher exhausts available sick leave and additional days are needed, accumulated personal days will be converted back to sick leave.
A. In an attempt to provide additional time for teachers so that they can concentrate their endeavors toward productive additional activities, the BOARD agrees to maintain a Central School Register Program; the completion of which will be considered to be a part of any contracted duties.
If any provision of this Agreement shall be found to be contrary to law, that portion shall be considered void, but all other provisions and portions of the provision not voided shall continue to be in full force and effect.
Except as this Agreement shall otherwise provide, all terms and conditions of employment applicable on the effective date of this Agreement, as established by the rules, regulations and/or policies of the BOARD be in force on said date, shall continue to be so applicable during the term of this Agreement. Unless otherwise provided in the Agreement, nothing contained herein shall be interpreted and/or applied so as to eliminate, or reduce or otherwise detract from any teacher benefit existing prior to its effective date.
The BOARD shall provide, for all teaching members who wish to participate, payroll deduction for a tax-sheltered annuity program. The program will be placed with a company mutually agreed upon by the BOARD and the ASSOCIATION. It is agreed that there will be only one annual enrollment period. At the beginning of a new requested program, there will be a minimum of ten percent (10%) participation by staff members). The BOARD agrees to make deductions from an employee's salary for:
1. Deposits in the A.B.C.O. Public Employees Federal Credit Union, in an interest-bearing account in the name of each individual employee.
1. It will be the responsibility of the employee to inform the Board Secretary, prior to the beginning of each school year, of his/her intention to have such deductions withheld from his/her salary, and to complete the form(s) necessary for such deductions to be instituted.
2. The employee shall become a member of the Credit Union at his/her own expense.
3. Deductions will be made on a semi-monthly basis and forwarded to the Credit Union with each pay period.
4. An employee choosing to cancel deductions must do so one month in advance.
Direct Deposit: The BOARD agrees to make available electronic direct deposit of employees' paychecks, provided the employees individually authorize the BOARD to do so.
If a contractually recognized teaching staff member does not become a member of the Association during any membership year (September 1 to the following August 31), said employee will be required to pay a representation fee to the Association for that membership year.
The Association will notify the Board in writing of the amount of the representation fee to be paid by nonmembers. The representation fee will be established by the Association in accordance with law (N.J.S.A. 34:13A-5.5 b) and cannot exceed 85% of regular dues.
The Association will establish and maintain a Demand and Return System which gives representation fee payers a procedure to contest the amount of the fee in accordance with N.J.S.A. 34:13A-5.5 c.
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 by the employer in conformance with this provision.
DURATION OF AGREEMENT
A. This Agreement will be effective July 1, 2009, and shall continue in effect until June 30, 2011. This agreement shall not be extended by written or oral agreement, and it is expressly understood that it will expire on the date indicated.
B. In the event that a successor agreement is not reached before the beginning of the 2011-2012 school year, staff shall not receive any salary increases including any incremental salary guide movement (as per the Neptune decision). Staff will remain at the step and salary they were at during the 2010-2011 school year, until the successor agreement is reached. At that time, salaries, including any retroactive pay, and step placement for the duration of the successor contract shall be determined through negotiations between the Board of Education and the Association
C. In Witness Thereof, the parties hereto have caused this Agreement to be signed by their duly authorized officers.
BOARD OF EDUCATION OF THE BOROUGH OF WESTVILLE, IN THE COUNTY OF GLOUCESTER, NEW JERSEY
Tracy Domico, President Donna Contrevo, Board Secretary
WESTVILLE EDUCATION ASSOCIATION:
Chris Yearicks, Co- President Judi Parker, Secretary
Karen Knaul, Co-President
Signed by the parties this ______ day of ____________ in the year 2009.
ATTACHMENTS – SALARY SCHEDULES
WESTVILLE 2009-2010 SALARY GUIDE
WESTVILLE 2010-2011 SALARY GUIDE
THE WESTVILLE BOARD OF EDUCATION
THE WESTVILLE EDUCATION ASSOCIATION
An agreement has been made by the Westville Education Association and the Westville Board of Education to amend the following Article:
PAYMENT FOR EXTRA ACTIVITIES
Flat Rate Stipend:
Student Facilitator $2,000.00 $2,088.00
Westville Education Association:
By: ____________________________ By: ____________________________
Chris Yearicks, Co-President Karen Knaul, Co-President
By: ____________________________ Date: _____________________
Judi Parker, Secretary
Westville Board of Education:
By: ____________________________ By: ____________________________
Tracy Domico, President Donna J. Contrevo, Board Secretary