| Agreement between |
SPARTA BOARD OF EDUCATION
SPARTA SECRETARIES ASSOCIATION
SPARTA SECRETARIES ASSOCIATION
SPARTA BOARD OF EDUCATION
JULY 1, 2004 to JUNE 30, 2006
TABLE OF CONTENTS
IV Involuntary Transfers and Reassignments 6
I Recognition 1
II Negotiations 1
III Grievances 2
Agreement between 20
V Voluntary Transfers and Reassignments 6
VI Professional Rights 7
VII Contracts 7
VIII Insurance Protection 7
IX Working Hours 9
X Vacation Periods 9
XI Sick Leave 10
XII Personal Business 11
XIII Leaves of Absence 12
XIV Board Policies 13
XV Rights of the Parties 13
XVI Staff Development 14
XVII Agency Shop 15
XVIII Distribution of Agreement 16
XIX Entire Agreement 16
XX Separability 17
XXI Duration of Agreement 17
APPENDIX “A” - Salary Guides 18
SPARTA BOARD OF EDUCATION
SPARTA SECRETARIES ASSOCIATION
The Board recognizes the Sparta Secretaries Association as the exclusive and sole representative for collective negotiations concerning the terms and conditions of employment for all unit personnel employed on a full-time basis by the Board including:
Library Clerk Typists
Secretary to the Superintendent of Schools
Secretary to the Assistant Superintendent for Business
Secretary to the Director of Curriculum and Staff Development
Payroll and Accounting Coordinator
Budget and Accounting Coordinator
A. The parties agree to enter into collective negotiations over a successor Agreement in accordance with Chapter 123, New Jersey Public Laws - 1974, in a good-faith effort to reach agreement on all matters concerning the terms and conditions of employment of business personnel. Such negotiations shall begin by mutual agreement before, but not later than, November 1 of the school year in which this Agreement expires. Any Agreement so negotiated shall apply to all unit personnel, be reduced to writing, be signed by the Board and the Secretarial Association, and be subject to adoption by the Board and the Association.
B. 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.
C. It is understood by the parties that negotiations can best be conducted without the use of pressure tactics or any practice within the term sanctions.
A “grievance” is a claim based upon an event or condition which affects the terms and conditions of employment of a unit employee or group of unit personnel and/or the interpretation, meaning, or application of any of the provisions of this Agreement.
The purpose of this procedure is to provide a means to resolve grievance disputes which may arise. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of the procedure.
1. Grievances shall 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.
2. The aggrieved person will institute the grievance procedure within twenty (20) consecutive working days of the occurrence or within twenty (20) days of the date on which he/she becomes or should have become aware of the grievance. Consecutive working days are defined as those days on which business is conducted. In the event the grievance is not initiated within this period, the grievance is null and void and cannot be brought.
3. Level One
4. Level Two
A person with a grievance shall first discuss his/her problem informally with his/her immediate superior to try to settle the grievance. Any decision shall be in writing and be given no later than ten (10) days from the date it was made known.
If the aggrieved person is not satisfied with the disposition of his/her grievance at Level One-A, or if no decision has been rendered within the time limit stated, the aggrieved person shall review his/her grievance with the Association. The Association, in discussion with the aggrieved person, shall determine within ten (10) working days whether to support the grievance if processed at Level Two.
5. Level Three
If the aggrieved person wishes to pursue the grievance, he/she must send a letter to the Superintendent within ten (10) working days with a copy to the principal or the immediate superior, state (a) the nature of the grievance, (b) extent of injury or loss, (c) reasons for writing the grievance, (d) articles of contract considered violated, if any, (e) results of previous discussion, (f) basis of dissatisfaction with the determination, and (g) requesting an audience with the Superintendent. This meeting must be scheduled within ten (10) working days upon receipt of the letter by the Superintendent. The Superintendent shall reply in writing, stating the reasons for his/her decision, to the aggrieved person within ten (10) working days after such meeting.
6. Level Four
If the aggrieved person and the Association are not satisfied with the disposition of the grievance at Level Two, he/she may appeal his/her grievance in writing within ten (10) days to the Board of Education specifying his/her reasons for his/her complaints within fifteen (15) days of the receipt of the appeal of the grievance, the Board of Education will conduct a hearing to provide the aggrieved an opportunity to present his/her grievance. Within ten (10) days after the hearing, the Board shall render a decision and notify the aggrieved person(s) in writing. Copies of this decision will be forwarded by the Board to the Association and the Superintendent of Schools.
a. Failure to retain non-tenured unit personnel
In the event an aggrieved person is dissatisfied with the determination of the Board, he/she shall have the right to seek advisory arbitration. A demand for such arbitration shall be made no later than fifteen (15) working days following receipt of the written determination of the Board. Failure to file within said time period shall constitute a bar to such arbitration unless the aggrieved person and the Board shall mutually agree upon a longer time period with which to assert such a demand. The Board and the Association shall attempt to agree upon a mutually acceptable arbitrator. When the parties agree, or if they are unable to agree, they shall, within ten (10) working days of the demand, jointly request the Public Employment Relations Commission to appoint an arbitrator within fifteen (15) days of their joint request, then a request shall be made to the American Arbitration Association to appoint an arbitrator. The arbitrator shall conduct such proceedings as he/she shall deem necessary and shall render a report setting forth his/her findings of facts, reasoning, and recommendations within the shortest possible time. The recommendations made by the arbitrator shall be advisory only. The parties agree that they shall consider the recommendation but that it will not be binding on the parties. The following areas are not subject to advisory arbitration:
b. A grievance for which a specific remedy is provided by law and is directly applicable to the grievance in point.
c. Failure to re-employ or appoint personnel in positions for which tenure is neither granted nor possible by law.
a. Any aggrieved person may be represented at all stages of the grievance procedure by himself/herself, at his/her option, by a representative selected or approved by the Secretarial Association. When a unit employee is not represented by the said Association, the Association shall have the right to be present and to state its views at all stages of the grievance procedure.
b. No reprisals of any kind shall be taken by the Board or by any member of the administration against any party in interest, any building representative, any members of the Secretarial Association, or any other participant in the grievance procedure by reason of such participation.
c. If, in the judgment of the Secretarial Association, a grievance affects a group or class of unit personnel, the said Association may submit such grievance in writing to the Superintendent directly and the processing of such grievance shall be commenced at Level One-B. The Secretarial Association may process such a grievance through all levels of the grievance procedure even though the aggrieved person does not wish to do so.
d. 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.
e. 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 Secretarial Association and given appropriate distribution so as to facilitate operation of the grievance procedure.
f. All meetings and hearings under this procedure shall not be conducted in public and shall include the parties and their designated or selected representatives, heretofore referred to in the ARTICLE.
g. Employees shall not have the right to refuse to follow administrative directives or Board policy on grounds that a grievance has been instituted or is in any stage of progress.
h. Failure at any step of this procedure to communicate the decision on a grievance within the time limits shall permit the unit employee to proceed to the next step. The parties, however, may mutually agree to extend the time periods specified herein.
i. Failure at any step of the procedure by the aggrieved or the Secretarial Association to appeal a grievance to the next step within the specified time limits, unless mutually extended, shall be deemed to be an acceptance of the decision rendered at that step, and an abandonment of further grievance procedure.
j. In any case where a grievance is based upon a determination made by the Superintendent, the grievance may be initiated at Level Two. In a case where a grievance is based upon a determination of the Board, the aggrieved may appeal directly to the Board at Level Three. In either instance, the grievance will be filed in accordance with the requirements of Level Two.
k. All meetings, hearings, and investigations under this procedure shall be accomplished without interference with the operation of the school system before business hours, and shall be considered private.
INVOLUNTARY TRANSFERS AND REASSIGNMENTS
A. Any intent to involuntarily transfer or reassign a unit employee shall be made in writing by the Superintendent as soon as practicable and, except in cases of emergency, not later than May 15th for a succeeding school year. The reasons for such a change must be set forth in a letter of intent to transfer by the Superintendent.
B. In the event that changes in schedules or assignments are proposed after May 15th for a succeeding year, any unit employee affected shall be notified promptly in writing of the transfer and the reasons therefore.
VOLUNTARY TRANSFERS AND REASSIGNMENTS
A. No later than May 1st of each year, the Superintendent shall deliver to the Secretarial Association and post in all school buildings a list of the known vacancies which shall occur during the following year.
B. Unit personnel who desire a change in assignment or who desire to transfer to another building may file a written statement of such desire with the Superintendent not later than May 1st. Such statement shall include the position to which the unit employee desires to be assigned and the school or schools to which he/she desires to be transferred, in order of preference.
C. Current employees of the Sparta School System shall be given full consideration in filling such vacancies.
D. As soon as practicable, and no later than July 1st, the Superintendent shall post in each school and deliver to the Secretarial Association a system-wide schedule showing the names of all unit personnel who have been reassigned or transferred and the nature of such reassignment or transfer.
E. In the determination of request for voluntary reassignment and/or transfer, the wishes of the individual shall be honored to the extent that the transfer does not conflict with the best interests of the school system.
No records shall be placed in a unit employee’s file, either commendatory or derogatory, without first being discussed with the individual. The individual shall sign the document indicating that he/she has read the item of record.
All contracts for non-tenured unit personnel and/or salary statements for tenured unit personnel shall be distributed by May 15th, or as soon thereafter as possible, but not later than June 1st of each school year for employment during the following school year.
A. The Board shall pay the full premium for the health care insurance protection designed below for each employee and for the family insurance where applicable, unless otherwise indicated.
B. Provisions of the traditional health care insurance program shall be detailed in master policies and contracts agreed upon by the Board and the Association and shall include:
1. Hospital room and board and ancillary costs.
2. Out-patient benefits.
3. Laboratory fees, diagnostic expenses and permitted therapy treatments.
4. Maternity costs.
5. Surgical costs.
6. Major-medical coverage.
C. In the event that an insurance company other than Horizon Blue Cross/Blue Shield of New Jersey is selected, the claim settlement process must be accomplished with a performance equivalent to the health insurance program now in effect.
D. Effective July 1, 1995, the traditional/Direct Access health benefits coverage shall implement the following:
Mandatory Second Surgical Opinion
$150 individual and $300 family deductibles
E. Unit members hired after July 1, 2000 shall receive the Direct Access health insurance plan only (including dependent coverage, if appropriate), until they have completed two (2) full years of continuous employment with the district**. With the start of the third year of employment, the unit member shall be eligible for prescription and dental coverages as outlined in “F” and “G” below. For purposes of the entitlement to prescription and dental benefits, the employee’s effective date of hire shall determine the two-year period.
**Exception: The following members who are presently in the traditional plan are grandfathered: Virginia Benecke, Phyllis Castiglia, Marsha Dickerson, Patricia Steip, Carol Suchana.
(Anyone else who chooses the traditional health coverage will pay for the difference in premiums through a payroll deduction.)
F. Effective July 1, 1995, the Board of Education shall provide a prescription plan with a $5 generic and $15 brand name co-pays after completion of two full years of continuous employment with the district.
G. The Board of Education shall provide a dental insurance plan for each member of the Sparta Educational Secretaries Association and his/her family, where applicable, after completion of two full years of continuous employment with the district.
H. The Board, at employee’s expense, shall provide for continuance of health care insurance after retirement on the terms detailed in the master policies and contracts agreed upon by the Board and the Association and consistent with State law for employees with 25 years of service.
A. Working hours in each school will be established by the building principal with the approval of the Superintendent of Schools. Unit personnel, unless they are employed on a part-time basis, will work a seven-hour day exclusive of one hour for lunch. The exception to this will be during the summer recess when unit personnel will work a six-hour day exclusive of one hour for lunch. Building principals will stagger hours for unit personnel so that maximum coverage is established for the schools during the summer recess. When schools are closed for inclement weather, unit personnel shall not have to report to work provided, however, that at least one person must report and cover the school and/or departments* during this time. This person shall be selected on a rotating basis and the person who reports shall receive a compensatory day at a time to be mutually agreed upon between the administrator and unit member. In order for any unit member to be in attendance other than the one whose rotation it is, they must receive permission from the building principal. The above is effective unless the school offices are closed by the Superintendent due to severe storm conditions.
*Guidance, Special Services, Vice Principal
B. Compensation Time
If a secretary is requested by their building principal to work beyond contractual hours they will be given commensurate (compensatory) time off. (One hour compensatory time for each additional hour worked.)
A. On July 1st of each year, full-time twelve month unit personnel completing one year’s service to the district shall receive ten (10) days of paid vacation and shall earn one additional day of paid vacation per year of full-time employment until a maximum of twenty (20) days per year have been earned. The ten (10) days will be applied on a pro-rated basis for those unit personnel who work less than a year during their initial year of service. Such vacation period will be exclusive of national holidays granted as paid vacation time by the Board of Education. Vacation periods shall be established only with the prior approval of the immediate supervisor and the appropriate administrative office.
Unit personnel may accumulate up to a maximum of five (5) days of vacation time to be used in a future year with the prior approval of the building principal.
B. In the event school is in session on a day designated as a holiday for unit personnel because of revisions in the school calendar, an alternate holiday shall be scheduled by mutual agreement with the building principal.
Any unit personnel leaving the district shall be given vacation time due them for that school year. (e.g., anyone with five (5) years of service is entitled to fourteen (14) days vacation. The individual would receive any day or portion thereof which would be due them at the time of their leaving the district.)
C. Employee Holidays
The following thirteen (13) holidays shall be observed as days off with full pay: July 4th, Labor Day, Thursday & Friday of the NJEA Convention, Thanksgiving Day, day after Thanksgiving, Christmas Eve Day, Christmas Day, New Year’s Eve Day, New Year’s Day, President’s Day, Good Friday, Memorial Day.
In the event that any of the above days fall on Saturday, the preceding Friday may be observed as the holiday. In the event that any of the above days fall on Sunday, the following Monday may be observed as the holiday. A list of the days will be available at the start of the school year.
D. All ten month secretaries will work the teachers’ calendar with the following exceptions: Ten month secretaries will start their work year September 1st and end their work year on the last day of June.
A. Sick leave is hereby defined to mean the absence from duty of any unit employee because of personal disability due to illness or injury, or because he/she has been excluded from school by the School District’s medical authorities because of a contagious disease or because of a quarantine for such a disease in his/her immediate household.
B. All twelve-month unit employees shall be allowed sick leave with full pay for twelve (12) days in any year. All unused sick leave shall be accumulative for additional sick leave as needed in subsequent years. Unit personnel who have worked in the Sparta School System for ten (10) consecutive years will be granted one additional day per year in each succeeding year until a maximum of seventeen (17) days per year are granted, fifteen (15) days of which shall be cumulative.
C. All ten-month unit employees shall be allowed sick leave with full pay for ten (10) days in any year. All unused sick leave shall be accumulative for additional sick leave as needed in subsequent years. Ten-month unit employees who have worked in the Sparta School System for ten (10) consecutive years will be granted one additional day per year in each succeeding year until a maximum of fifteen (15) cumulative days per year are granted.
D. Upon the retirement of unit personnel, the Board of Education will review the attendance record of the retiring individual and provide him/her with a lump sum payment for unused sick leave at the following rate per day after the first fifty (50) days are deducted:
Day 51 - 200 $20.00 per day
The lump sum compensation shall not be considered a part of the contract salary for retirement purposes. Notice of retirement must be provided by the individual at least ninety (90) days prior to its effective date, except in cases of emergency or medical disability.
Each year, the Board of Education will grant three (3) days for compelling personal reasons with full pay pending approval of the Superintendent upon application therefore. Unused personal leave will be transferred to accumulated sick leave at the end of each school year. Compelling personal reasons means that such business is essential and will require the presence of the employee during normal working hours.
Since the application requires approval by the Superintendent, it is incumbent upon the requester to make known sufficient details of the need for the “necessary personal day” except in those rare circumstances where the nature of the details is such that privacy must be maintained. In the latter case, a written statement that the business is personal and is of an “emergency” nature in the context of this policy should be submitted to the Superintendent.
Should the request be denied approval by the Superintendent, a written reason will be returned to the requester.
LEAVES OF ABSENCE
A. Leaves of absence without pay may be granted for serious illness in the family of those living in the immediate household which requires the presence and care of the tenured employee for an extended period of time. A tenured employee shall not receive credit for this absence on the salary guide schedule for the time spent on this leave. Upon return, the employee will resume his/her normal place on the salary schedule and shall be assigned to a similar position.
B. Upon application and approval of the Board, an unpaid leave of absence of up to two (2) years for personal reasons may be granted to a tenured employee having ten (10) years of service in the district. Requests for personal leave must be received by the Superintendent in writing no later than March 15th, and action taken on all such requests no later than April 15th. Upon return, the employee shall resume his/her normal place on the salary guide without credit for the years on leave and shall be assigned to a similar position that was held at the time of the leave. This policy is not meant to include provisions, during the leave, of those employee benefits such as medical benefits, or accrual of additional sick leave. Upon return to the district all rights, privileges, and benefits previously earned shall be restored to the employee.
C. Use of sick leave benefits for disability due to childbirth shall be granted in accordance with law, upon the presentation of proper medical certification.
All Board policies affecting unit personnel shall be placed in the hands of each individual at the beginning of each school year. These policies shall be reviewed for clarification by the principal of each building with his unit staff at the beginning of each school year.
RIGHTS OF THE PARTIES
The Board of Education, subject only to the language of this Agreement, reserves to itself full jurisdiction and authority over matters of policy and retains the right, in accordance with applicable laws and regulations (a) to direct employees of the school district (b) to hire, promote, transfer, assign and retain employees in positions within the school district and to suspend, demote, discharge, or take other disciplinary action against employees, (c) to relieve employees from duty because of lack of work or for other legitimate reasons , (d) to maintain the efficiency of the school district operations entrusted to them, (e) to determine the methods, means and personnel by which such operations are to be conducted, and to take whatever actions might be necessary to carry out the mission of the school district in situations of emergency.
A. Management’s Rights
The exercise of the foregoing powers, rights, authority, duties, and responsibilities by the Board, the adoption of policies, rules, regulations, and practices in the furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this agreement and then only to the extend such specific and express terms hereof are in conformance with the Constitution and Laws of the State of New Jersey and the Constitution and Laws of the United States.
B. Association Rights
1. No unit personnel shall be disciplined without just cause. Any such action shall be subject to the grievance procedure.
2. Participation by any members of the Sparta Educational Secretaries Association in a strike or a refusal to perform duties for which he/she is under contract, shall be just cause for disciplinary action.
Formal courses, seminars, and other staff development activities, designed to improve the competence of the secretarial-clerical staff will be supported by the Board of Education subject to the following conditions:
1. Staff development activities must be directly related to the individual’s responsibilities.
2. Participation in the program must have the prior approval of the Superintendent of Schools.
3. The amount of reimbursement shall be determined by the Superintendent of Schools.
Increments of $600, $800, $1,000 and $1,200 will be established for secretaries who pursue a certificate such as those sponsored by the New Jersey Association of Educational Secretaries. Such courses must be approved by the Superintendent of Schools before credit is allowed for salary adjustment.
Fifteen credits $ 600.00
Thirty credits $ 800.00
Forty-Five credits $1,000.00
Sixty credits $1,200.00
New secretaries who have taken credits or who have graduated from secretarial schools, such as Dover Business College, County College of Morris, Sussex County Community College, Kathryn Gibbs, or Berkeley, will be given credit according to the same compensation schedule as outlined above.
A stipend received by a secretary for additional training will not become a part of the base salary for purposes of salary increases, but rather will remain separate and apart from the base salary.
Effective September 1, 1987, if a unit employee who is eligible to become a member does not become a member of the Sparta Educational Secretaries Association, the Sparta Education Association, the New Jersey Education Association, and the National Education Association during any membership year which is covered in whole or in part by this Agreement, said employee will be required to pay an agency shop fee to the Sparta Educational Secretaries Association for that membership year.
B. Amount of Fee
C. Deduction and Transmission of Fee
Prior to the beginning of each membership year, the Association will notify the Board in writing of the amount of regular membership dues, initiation fees and assessments charged by the Association to its own members for that membership year. The agency shop fee to be paid by nonmembers will be 85% of that amount.
2. Payroll Deduction Schedule
Once during each membership year covered in whole or in part by this Agreement, the Association will submit to the Board a list of those employees who have not become members of the Association for the then current membership year. The Board will deduct from the salary of such employee, in accordance with Paragraph 2 following, the full amount of the agency shop fee.
The Board will deduct the agency shop fee in equal installments, as nearly as possible, from the paycheck paid to each employee on the aforesaid list during the remainder of the membership year in question.
3. Except as otherwise provided in this Article, the mechanics for the deduction of the agency shop fees and the transmission of such fees to the association will, as nearly as possible, be the same as those used for the deduction and transmission of regular membership dues to the Association.
D. The Association agrees to indemnify and hold the Board harmless against any liability which may arise by reason of any action taken by the Board in complying with the provision of this section.
1. The Board gives the Association timely notice in writing of any claim, demand, suit or other form of liability in regard to which it will seek to implement this paragraph; and
2. If the Association so requests in writing, the Board will surrender to it full responsibility for the defense of such claim, demand, suit, or other form of liability and will cooperate fully with the Association in gathering evidence, securing witnesses and in all other aspects of said defense.
3. It is expressly understood that the section headed “Liability” above will not apply to any claim, demand, suit, or other form of liability which may arise as a result of any type of willful misconduct by the Board or the Board’s imperfect execution of the obligations imposed upon it by this Article XI, Section D.
4. The Association shall have a Demand and Return system in effect.
DISTRIBUTION OF AGREEMENT
The Board shall prepare and provide a complete copy of this Agreement to each unit employee within one month of the successful completion of the Agreement, or as soon thereafter as is practical.
This Agreement incorporates the entire understanding of the parties on all issues which were, or could have been the subject of negotiations. During the term of this agreement, neither party will be required to negotiate with respect to any other matter, whether or not within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement.
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.
DURATION OF AGREEMENT
The Articles of this Agreement shall be effective for the 2004-05, and 2005-06 school years commencing on July 1, 2004 and terminating on June 30, 2006, after the signing of the Agreement.
IN WITNESS WHEREOF the parties, subsequent to ratification and Board Resolution, hereto have caused this Agreement to be signed by their respective Presidents, attested by their respective Secretaries and their respective corporate seals affixed hereto, at Sparta, New Jersey on this day of 2004.
SPARTA SECRETARIES SPARTA BOARD OF EDUCATION
By: By: _________________________ President President
By: By: __________________________
|Bird (71%) $14,995|
|Rolph (48%) $10,138|
|Bird (71%) $15,883|
|Rolph (48%) $10,738|
Stipend: $1,642 Stipend: $1,724
For: Secretary to Building Principal
Head Secretary in Guidance Office
Head Secretary in Special Services
Longevity pursuant to Appendix A
NOTE: Secretaries who are off-guide are neither connected to the guide structure by an increment, nor do they move from one off-guide step to another. The raises for all off-guide steps shall be mutually determined by the parties during negotiations for a successor agreement.
APPENDIX “A” (continued)
1. New unit employees hired shall not be placed on the salary guide at a higher step than those currently employed with the same amount of experience.
2. Secretaries who have completed ten (10) years in the Sparta Public School District shall receive a longevity payment of $700.00.
3. Secretaries who have completed fourteen (14) years in the Sparta Public School District shall receive a longevity payment of $800.00.
4. Secretaries who have completed eighteen (18) years in the Sparta Public School District shall receive a longevity payment of $1,000.00.
5. Secretaries who have completed twenty-two (22) years in the Sparta Public School District shall receive a longevity payment of $1,400.00.