| This AGREEMENT, entered into this 1st day of July, 2009, by and between the BOARD OF EDUCATION OF WALLKILL VALLEY REGIONAL HIGH SCHOOL DISTRICT, hereinafter called the “Board” and the WALLKILL VALLEY CUSTODIAL’S ASSOCIATION, an incorporated association, hereinafter called the “Association.”|
WITNESSETH, that WHEREAS, a majority of the custodial staff of the Wallkill Valley Regional School System have designated the Wallkill Valley Custodial Association as their representative for the purpose of collective negotiation in accordance with and pursuant to the provisions of N.J.S.A. 34:13 A5.3, and
WHEREAS, the Association and the Board have reached certain understandings which they desire to confirm to this Agreement pursuant to Chapter 123, Public Laws of 1974, as amended:
IT IS MUTUALLY AGREED AS FOLLOWS:
ARTICLE I - GRIEVANCE PROCEDURE
A “grievance” is a claim by an employee based upon the interpretation, application or violation of this Agreement, policies or administrative decisions affecting the terms and conditions of his/her employment. The Association may process such a grievance if the grievant does not wish to do so.
To be considered under this procedure, a grievance must be initiated by the grievant within twenty (20) calendar days of the time the grievant knew or should have known of its occurrence.
The purpose of this procedure is to secure, at the lowest possible level, equitable solutions to the problems which may from time to time arise affecting employees. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of the procedure.
1. Failure at any step of this procedure to communicate the decision on a grievance within the specified time limits shall permit the aggrieved employee to proceed to the next step. Failure at any step of this procedure to appeal a grievance to the next step within the specified time limits shall be deemed to be acceptance of the decision rendered at that step.
-1- 2. 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.
3. It is understood that the aggrieved employee shall, during and notwithstanding the pendency of any grievance, continue to observe all assignments and applicable rules and regulations of the Board until such grievance and any effect thereof shall have been fully determined.
4. Level One - Any employee who has a grievance shall discuss it first with his/her immediate supervisor in an attempt to resolve this matter informally at that level.
5. Level Two - If, as a result of the discussion, the matter is not resolved to the satisfaction of the employee within five (5) school days, he/she shall set forth his/her grievance in writing to the principal within five (5) school days specifying:
a. The nature of the grievance and the provision or provisions of the Agreement alleged to be violated;
b. The nature and extent of the loss, injury or detriment;
c. The results of previous discussion, and;
d. His/her dissatisfaction with decisions previously rendered and the relief and/or adjustment sought.
The principal shall communicate his/her decision to the employee in writing within ten (10) school days of receipt of the written grievance.
6. Level Three - If the grievance is not resolved, the employee may, within five (5) days, appeal his/her grievance in writing to the Board of Education through the Principal/ Superintendent who shall attach all related papers and forward the appeal to the Board. The Board, or a committee thereof, shall review the grievance and shall hold a hearing with the employee. The Board shall render a decision in writing within thirty (30) school days of receipt of the written grievance. The Board’s decision shall be final.
1. Any aggrieved person may be represented at all stages of the grievance procedure by himself/herself or, at his/her option, by a representative selected or approved by the Association.
2. When an employee is not represented by the Association, the Association shall have the right to be present and to state its views at all stages of the grievance procedure.
-2-ARTICLE II - PAYROLL DEDUCTIONS
The following payroll deductions will be made by the Board of Education in accordance with existing State Statutes:
1. Association Dues
2. 85% of Association Dues for non-members under the agency shop rules. These monies shall be remitted to the Association Treasurer.
3. Credit Union
ARTICLE III - LEAVE OF ABSENCE
A. Absence for Personal Illness
1. Absence for personal illness shall be allowed and shall include full pay not to exceed twelve days in one year. If fewer than twelve school days of allowed sick leave are taken in any school year, then the number of days not utilized shall be accumulated without limit.
2. Upon retirement, unused sick leave will be reimbursed at a rate of $35.00/day for each unused sick leave accumulated to the day of retirement. Retirement shall mean a custodian having filed the necessary papers to affect same with the Public Employees Retirement System.
B. Absence for Death in the Immediate Family
1. Absence due to death in the employee’s immediate family or household shall be allowed with pay for the required period not to exceed five (5) school days. The term “immediate family” shall include wife, husband, children, mother, father, mother-in-law, father-in-law, sister, brother.
2. Two (2) days with full pay shall be allowed in the event of the death of a grandparent and one (1) day with pay shall be allowed in the event of the death of other non-immediate members of the family.
C. Personal Leave
Personal Days will be designated as Personal/Emergency days with emergency days not requiring prior notice. Four (4) such days will be granted per year. Unused personal days will count as accumulated sick leave.
D. Jury Duty
Employees will be granted time off to serve on Jury Duty without being penalized. They will receive full pay and time spent on Jury Duty will not be charged against personal leave and will count as time on the job. An employee called for jury duty shall report same to the Superintendent and while on jury duty, will report their schedule for the following days. Any employee excused by the court from jury duty will report for work.
When holidays fall on Saturday, it will be observed on Friday. Sunday holidays will be observed on Monday.
1. A total of ten (10) holidays will be granted as follows:
A. Each custodian shall receive the following ten (10) holidays with pay:
(1) New Years Day (6) Labor Day
(2) Memorial Day (7) Thanksgiving Day
(3) Independence Day (8) Christmas Day
(4) Good Friday (9) Day after Christmas
(5) Christmas Eve (10) Day after Thanksgiving
Holidays which fall on weekends can be taken as additional days with prior approval.
2. Holiday Compensation
Holidays worked will be paid at 1 1/2 times the regular rate.
3. In the event of a conflict, the person with seniority will get the first pick.
4. An individual using five (5) days or less of their personal and sick leave during the preceding year July 1 thru June 30 of the next year will receive a bonus of $250.00.
5. Five vacation days per year may be carried over for retirement purposes and charged to
the accumulated leave total on July 1st of each year.
ARTICLE IV - FRINGE BENEFITS
A. The Board of Education will provide the same Health Benefits for the employees covered under this agreement as is provided for all full time employees of the Wallkill Valley Board of Education.
1. Either four (4) uniforms, or a uniform service, will be provided to each custodian per year. This decision is to be made by the Board of Education. 2. Work shoes, with a safety toe, will be reimbursed at a rate not to exceed $150.00/pair. A second pair of shoes will be authorized upon approval of the Supervisor of Building and Grounds.
3. T-shirts will be provided in the summer.
4. Foul weather gear will be provided for outside assignments to include extra sets for temporary outside assignments. Supervisor of Buildings and Grounds will be responsible for administration and management of foul weather gear requirements.
5. Each employee shall be provided one set of coveralls.
ARTICLE V - INSURANCE
A. Present health care benefits shall be continued during the term of this Agreement for all
employees hired prior to July 2, 2002 except as specifically modified in other parts of
this Article. Employees hired for employment subsequent to September 1, 2002, shall
enjoy the same benefits and options as other employees except for the limiting language
of Paragraph G below.
B. Dental Plan - The Board will pay the premiums covering full family dental insurance at
the rate currently in existence. The Board’s contribution per employee and family shall
remain at the present premium cost for the duration of the Agreement.
C. Prescription Plan
1. The Board will provide 100% payment of premiums for employee and dependent
coverage (family plan) for the duration of this Agreement.
2. The Prescription Plan shall be one which requires the employee to contribute a
co-pay as follows:
Name Brand: $20.00
Generic 5.00 Mail Order No Charge
D. Optical Plan - The Board shall pay the premium for an optical plan for employee and
E. Retirees shall be allowed to purchase, through the Board of Education, at the group
rate, at no cost to the Board, all or any insurance offered above.
F. No later than September 1 of each school year, each employee shall have the option
of informing the Superintendent of Schools, in writing, that he/she does not wish to
be covered by any or all of the Board of Education’s Health Insurance Benefits. That
employee shall be entitled to receive 50% of the cost of the premium of the particular
plan for which the employee was eligible. Payment shall be made in equal monthly
payments over the school year. The employee shall have the right to have these monies
deposited directly into a Tax Shelter Annuity or added directly to the periodic paycheck
on a monthly basis, September through June. Employees have the option of acquiring
full coverage at the conclusion of each school year if they so choose. Without notice
prior to September 1, choice of coverage from the preceding year shall remain in effect.
Employees and their eligible dependents can re-enroll in any plan which they had
previously waived, without a waiting period and without limitations for pre-existing
conditions. Re-enrollment can occur each July 1 for any reason, or at any other date
in response to a “life event” as defined in COBRA and ERISA statutory and regulatory
language. Such “life events” include: death or disability of the employee’s spouse; loss
of spouse’s employment; involuntary reduction in spouse’s work hours resulting in loss
of benefits; divorce or legal separation; or activation to full time military status. Re-
enrollment may also occur when there has been an involuntary diminution in a spouse’s
G. New employees hired to begin in the 2002-03 school year, and thereafter, shall only be
eligible for Point of Service (POS) Medical Coverage in the category of eligibility for
which the employee qualifies (Family, Single, Parent). After three years of employment
all such employees shall be eligible for the same Health Care Benefits as pre 2002-03
school year employees.
ARTICLE VI - PROFESSIONAL BUSINESS
Custodians will be reimbursed upon the successful completion of courses approved by the Board of Education.
ARTICLE VII- VACATIONS
A. All full-time employees shall receive the following vacation:
after 6 months 5 days
after 1 year 10 days
after 5 years 15 days
after 10 years of service and beginning in the eleventh year, add one additional vacation day for each additional year of service up to a maximum of twenty days.
B. Flexibility in scheduling vacations will be available with Superintendent’s approval.
No more than three (3) individuals will be permitted vacations at any time. Seniority will be used to allocate vacation periods when conflicts arise.
C. Holidays during vacation time to be rescheduled.
D. Paychecks due during vacation to be paid before vacation begins, upon request.
E. Employees will be allowed to carry 3 days vacation into the following year not to exceed the number of days in Paragraph A plus the 3 days.
ARTICLE VIII - SALARIES
A. Salaries are as per Salary Schedule attached.
ARTICLE IX - WORK SCHEDULE
A. The work day shall be 8 hours including a half hour lunch. A work week shall be 5 work days. B. “Custodial employees of record as of 1 July 1989 will be on a Monday through Friday shift except those employees may volunteer for a Tuesday through Saturday shift. Employees hired after 1 July 1989 may be hired for Tuesday through Saturday shift, that this is expressly understood at time of hiring and there is a signed agreement to that effect with a copy of the signed agreement to be provided the Supervisor, employee and the association. It is understood that the Supervisor may request volunteers for Tuesday through Saturday shift and employees may request this shift. Written agreement will be made. A Tuesday through Saturday shift will apply only for 10 months or school calendar, whichever is less.”
C. Fifteen days advance notice of work schedule changes will be provided to the employees if and whenever possible.
D. Any employee recalled to work shall be recalled for a minimum period of two hours at the prevailing rate of pay.
E. During vacations such as Christmas, Winter, Spring and Summer, there will be only a third shift if it is determined to be necessary because of unusual and essential circumstances. When third shift is not deemed necessary, third shift employees will move to second shift and second shift, if they desire to do so, will move to first shift. This assumes that work needed to be done can be done by such rotation. If not, the regular shifts will be kept in tact.
F. All efforts should be made to have at least two people on Third Shift. If it is known that one person may be absent, arrangements, if possible, should be made to have the Third Shift person work the Second Shift.
G. The normal shift shall be 7 AM to 3PM, 3 PM to 11 PM, and 11 PM to 7 AM except that shifts may be adjusted to accommodate unusual circumstances, special conditions, or weather considerations through the use of comp time.* Additionally, coverage shall be maintained throughout the work day and any instructions regarding continuation of service will be transmitted between crews and shifts.
*Comp time is understood to be 1 hour off for each hour worked.
H. Overtime will be offered both orally and using a sign-up sheet. One weeks notice will normally be provided. Longevity will be considered in making overtime assignments. The Board reserves the right of assignment to assure coverage to meet needs.
ARTICLE X - SNOW DAY
When school is closed due to inclement weather, the third shift will be brought in on the second shift.
ARTICLE XI- MISCELLANEOUS
The Board agrees to post all openings on the Association Bulletin Board.
ARTICLE XII - BLACK SEAL LICENSE
All full time custodians must complete requirements and obtain a Black Seal License within 12 months of employment date.
A one time fee of $100.00 will be paid to each person upon receiving a Black Seal License. This will also be given to those who have received the Black Seal prior to this agreement.
ARTICLE XIII - DURATION
This agreement shall be effective July 1, 2009 to June 30, 2012.
CUSTODIAL SALARY SCHEDULE
2009-2010, 2010-2011, & 2011-2012 BASE GUIDE - DAY EMPLOYEE
2009-10 2010-11 2011-12
1 26,411 27,411 28,411
2 27,748 28,700 29,682
3 29,084 29,988 30,952
4 30,421 31,277 32,223
5 31,758 32,565 33,494
6 33,094 33,854 34,764
7 34,431 35,142 36,035
8 36,066 36,431 37,305
9 37,701 38,080 38,576
10 39,336 39,729 40,276
11 40,971 41,378 41,976
12 42,606 43,027 43,676
13 44,241 44,676 45,375
14 50,110 46,325 47,075
15 56,337 51,894 48,775
16 58,087 53,793
Differentials: Added to Base Salary as applicable
A. Night Differentials 2009 thru 2012
3-11 Shift $ 600
11-7 Shift 750
5-9 years 450 500 550
10-14 years 500 550 600
15-19 years 600 650 700
20-24 years 700 750 800
25 years and over 800 850 900
This sum to be paid on the anniversary date of employment
C. Night Foreman 2,200
D. Mechanic 1,700
E. Time in Service Advancement
1. Employees will move one step per year on the salary schedule based upon satisfactory services.
1. Overtime for over 40 hours per week shall be at the rate of time and one half ( 1 1/2 times regular rate). Compensatory time can be granted by mutual agreement.
2. Sundays will be paid at 1 1/2 times regular rate.
3. Overtime pay will be included in the next regular paycheck if and whenever possible.
RATIFICATION AND CONFIRMATION
The parties hereto, by the execution hereof do ratify, acknowledge and agree that this Agreement dated July 1, 2009 Shall constitute the agreement between the Association and the Board pursuant to Chapter 123, Public Laws of 1974, as amended, until further modified in accordance with the provisions thereof.
DATED: July 1, 2009 WALLKILL VALLEY REGIONAL HIGH SCHOOL
Donald Hooey, President
ATTEST: BOARD OF EDUCATION
WALLKILL VALLEY REGIONAL HIGH SCHOOL
__________________________ BY ________________________________________
Elizabeth Flatt, Robert Carlson, President
WALLKILL VALLEY REGIONAL
BOARD OF EDUCATION
Covering the Period
JULY 1, 2009
JUNE 30, 2012
May 22, 2007
WHEREAS, the School Board of Wallkill Valley Regional High School (the “Board”) intends to make non-salary reduction contributions on behalf of certain classes of employees;
WHEREAS, the Board will not permit any individual employee to have an option of receiving the equivalent amounts as compensation;
WHEREAS, the Economic Growth and Tax Relief Reconciliation Act of 2001 (“EGTRRA”) amended Section 403(b)(3) of the Internal Revenue Code of 1986, as amended (the “Code”) to permit employers to make non-elective contributions to 403(b) programs for employees of the District, and
WHEREAS, the District wishes to make such contributions permitted under Sections 403 (b)(3) and Section 415(c)(1) of the Code for certain employees,
NOW, THEREFORE, IT IS RESOLVED, that the Board hereby authorizes and directs that the District institute and implement a policy(s) to make non-elective employer contributions into 403(b) contracts for each eligible individual as defined in the policy(s), provided that such contributions shall not exceed the limits of Section 415(c)(1) of the Code and shall not continue beyond the five (5) year period after the year of separation of employment authorized under Section 403(b)(3) of the Code.
FURTHER RESOLVED that the proper employees of the Board be and they are hereby authorized and directed to take any and all actions necessary or desirable to implement the resolutions as set forth herein.