Contract Between
Fair Haven B/E-Monmouth
- and -
Fair Haven EA
* * *
07/01/2003 thru 06/30/2006


CategorySchool District
UnitTeaching/Professional Staff

Contract Text Below
i
254057v2/APS




AGREEMENT

BETWEEN

THE FAIR HAVEN BOARD OF EDUCATION

AND

FAIR HAVEN EDUCATION ASSOCIATION

EFFECTIVE

JULY 1, 2003 through JUNE 30, 2006



TABLE OF CONTENTS

      ARTICLE I Recognition 2
      ARTICLE II Board-Association Liaison 4
      ARTICLE III Grievance Procedure 5
      ARTICLE IV Teacher Rights 9
      ARTICLE V Teacher Scheduling 10
      ARTICLE VI Specialists and Substitutes 12
      ARTICLE VII Teacher Employment 13
      ARTICLE VIII Salaries 15
      ARTICLE IX Fair Dismissal Procedure 16
      ARTICLE X Complaint Procedure 17
      ARTICLE XI Teacher/ Administrator/ Board Committee 18
      ARTICLE XII Sick Leave 19
      ARTICLE XIII Leave of Absence 21
      ARTICLE XIV Sabbatical Leaves 24
      ARTICLE XV Professional Improvement 26
      ARTICLE XVI Insurance Protection 27
      ARTICLE XVII Payroll Deductions 29
      ARTICLE XVIII Miscellaneous Provisions 30
      ARTICLE XIX Duration of Agreement 31
      SCHEDULE A Teachers' Salary Guide 32
      SCHEDULE A Teachers' Salary Guide (2003-04) 33
      SCHEDULE A Teachers' Salary Guide (2004-05) 34
      SCHEDULE A Teachers' Salary Guide (2005-06) 35
      SCHEDULE B Policy for Attendance Compensation Upon Separation
      from the District in Good Standing 36
AGREEMENT
BETWEEN
THE FAIR HAVEN BOARD OF EDUCATION
AND
FAIR HAVEN EDUCATION ASSOCIATION

PREAMBLE

This Agreement entered into this 1st day of July 2003, by and between the Board of Education of the Borough of Fair Haven, New Jersey, hereinafter called the "Board" and the Fair Haven Education Association, hereinafter called the "Association".

WITNESS, that

WHEREAS, the Board has an obligation, pursuant to Chapter 303, Public Laws of 1968, to negotiate with the Association as the representative of employee, hereinafter, designated with respect to the terms and conditions of employment, and

WHEREAS, the parties have reached certain understandings which they desire to confirm in this Agreement.
It is hereby agreed as follows:
ARTICLE I

RECOGNITION

A. The Board hereby recognizes the Association as the majority representative for collective negotiations concerning terms and conditions of employment for all full-time certificated personnel whether under contract or on approved leave, employed or to be employed by the Board, but excluding the superintendent, building principals and any other full-time, non-teaching administrative staff.

B. The term "certificated personnel", as used in this Agreement applies to professional staff members holding appropriate certificates issued by the New Jersey Department of Education.

C. The term "teacher(s)", when used hereinafter in this Agreement, shall refer to all professional employees represented by the Association in the negotiating unit as defined in this Article, except for those exclusions specified in section D, below.

D. The terms of this Agreement apply also to certain part-time salaried professionals employed under contract, i.e., speech correctionist and school social worker. Other professionals who meet the above criteria may be added as they are employed later.

The following exclusions are specified:

1. In the Agreement between the Board and the Association

Article IV.

The Article on teacher scheduling shall not apply.

Schedules for part-time professionals shall be developed by the school administration.

Article V.

Section B, covering substitutes, shall not apply.

Article XI and XII.
          The provisions covering absences will apply on a pro-rata basis in accordance with Board policy.



Article XV.
          Part-time professional staff must be employed at least twenty (20) hours per week to be eligible for insurance coverage.

2. In the Provisions of the Board Policy Manual

File Code 5111.1, Attendance at School Free of Charge, p.3
      Is a non-resident of the District but a child of a professional staff member employed by the District (hourly rate and temporary employees excepted). The child(ren) must have been enrolled prior to January 26, 1995.

E. Effective July 1, 2003, there shall be a total of 180 pupil contact days and three (3) professional days or in-service days, for a teacher work year of 183 days.
ARTICLE II

BOARD-ASSOCIATION LIAISON

A. Liaison between the Association and the Board shall be maintained through a Board-Staff Relations Committee.
      This committee shall be composed of three staff members representing the Association, three Board members appointed by the President of the Board, and the Superintendent shall serve as chairman.

B. It shall be the function of the Board-Staff Relations Committee to:
      1. Conduct discussions on matters of mutual concern to the Board and professional staff.
      2. Conduct negotiations in good faith on matters concerning terms and conditions of employment in accordance with the provisions of this Agreement, Chapter 303, Public Laws 1968 and Chapter 123, Public Laws 1974.(Revised June 1975)

C. The Board-Staff Relations Committee shall be convened:

1. at the request of either the Board or the Association

2. by mutual agreement.

3. at the request of the Superintendent.

D. From the effective date of this Agreement, all rules, regulations and/or policies of the Board applicable to employees covered by this Agreement shall continue to be so applicable without modification or amendment, except as the procedures contained within this Article shall allow.

E. The parties agree to enter into collective negotiations over a successor Agreement in accordance with Chapter 303, Public Laws of 1968 and Chapter 123, Public Laws 1974 in a good faith effort to reach agreement on matters concerning the terms and conditions of employment. Such negotiations shall begin at a mutually acceptable date, but no later than January 15th preceding the expiration date of the agreement. Any agreement so negotiated shall apply to all employees covered by this Agreement, be reduced to writing, be signed by the Board and the Association, and be adopted by the Board.

F. This Agreement may be amended at any meeting of the Board-Staff Relations Committee, provided such amendments are adopted by the Board and the Association.
ARTICLE III

GRIEVANCE PROCEDURE

The Board and the Association hereby agree to the following procedures for discussion and resolution of a grievance:

A. Definitions
      1. A "grievance" is a complaint by a teacher or the Association based upon the interpretation, application, or violation of this Agreement, policies or administrative decisions and practices affecting the terms and conditions of employment of a teacher or a group of teachers.

2. An "aggrieved person" is the person or persons making the complaint.
      3. 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 complaint.

4. The "Association grievance officer" is the person selected and/or approved by the Association to represent th aggrieved person at all stages of the procedure.

B. Purpose
      The purpose of this procedure is to secure equitable solutions to problems which may arise concerning the terms and conditions of employment of teachers at a level that can best affect resolution. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of the procedure.

C. Procedure

1. Time Limits
          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. However, the specified time limits may be extended by mutual agreement.

2. Year-End Grievances
          The aggrieved person must initiate the grievance procedure within 45 days of the event or circumstances which caused the grievance. In cases of year-end grievances, days will not be counted during July and August if the grievance cannot be heard by June 30th.
3. Level One - Informal Resolution
          The aggrieved person shall present the complaint/ grievance and relief sought, in writing, to the Association grievance officer. After discussion of said complaint, the aggrieved person and/or the grievance officer shall attempt to resolve the complaint informally.

4. Level Two - Person Who Can Best Affect Resolution of Complaint
          If no informal resolution of the said complaint can be achieved, the aggrieved person and/or the Association grievance officer shall present the complaint and the relief sought in writing to the person who can best affect resolution of the complaint. That person shall render a decision within five (5) school days.

5. Level Three - Superintendent
          If the aggrieved person is not satisfied with the relief of the said complaint at level two or if no decision has been rendered within five (5) school days after presentation, the Association shall file the grievance with the Superintendent of Schools.

6. Level Four - Board of Education
          If the aggrieved person is not satisfied with the relief of the said complaint at level three or if no decision has been rendered within ten (10) school days after presentation, the Association shall file the grievance with the Board of Education.

7. Level Five - Arbitration
          a. If the aggrieved person is not satisfied with the relief of the said complaint at level four or if no decision has been rendered within ten (10) school days after presentation, (s)he may within five (5) school days after a decision by the Board or fifteen (15) school days after the complaint was filed with the Board, whichever is sooner, request in writing that the Association submit his/her grievance to arbitration. If the Association determines that the grievance is meritorious, it may submit the grievance to arbitration within fifteen (15) school days after receipt of a request by the aggrieved person.

          b. 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 (PERC) by either party. The parties shall then be bound by the rules and procedures of PERC in the selection of an arbitrator.
          c. The arbitrator so selected shall confer with the representatives of the Board and the Association, hold hearings promptly, and shall issue his/her decision not later than twenty (20) days from the date of the close of the hearings. If oral hearings have been waived, the arbitrator shall issue final statements and proofs on the issues which were submitted to him/her. The arbitrator's decision shall be in writing and shall set fort his/her findings of fact, reasoning, and conclusions on the issue submitted. The arbitrator shall be without power or authority to make any decision which is in violation of the terms of this Agreement. The decision of the arbitrator shall be submitted to the Board and the Association and shall be final and binding on the parties.
          d. The arbitrator shall be limited to the issues submitted and shall consider nothing else. The arbitrator can add nothing to nor subtract anything from the Agreement between the parties.

e. The costs 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 equally by the Board and the Association. Any other expenses incurred shall be paid by the party incurring same.

D. Rights of Teachers to Representation

1. Teacher and Association
          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. When a teacher 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. Reprisals

No reprisals of any kind shall be taken by the Board or by any member of the administration 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.

E. Miscellaneous

1. Group Grievance
          If, in the judgment of the Association, a grievance affects a group or class of teachers, the Association may submit such grievance in writing to the Superintendent of Schools directly and the processing of such grievance shall be commenced at Level Three. The Association may also process such a grievance through all levels of the grievance procedure even though the aggrieved person may not wish to do so.

2. Written Decisions
          Decisions rendered at levels two, three, and four which are unsatisfactory to the aggrieved person shall be placed in writing setting forth the decision and the reasons therefore and shall be transmitted promptly to all parties in interest and to the Association. Decisions rendered at level five shall also be placed in writing and in accordance with details outlined in paragraph 7(c) of the arbitration procedure.

3. Separate Grievance File
          All documents, communications and records dealing with 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
          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. Meetings and Hearings
          All meetings and hearings under this procedure shall not be conducted in public unless otherwise requested by the agreived person and shall include only such parties in interest and their designated or selected representatives, heretofore referred to in the ARTICLE.
ARTICLE IV

TEACHER RIGHTS

A. Rights and Protection in Representation

Pursuant to Chapter 303, Public Laws 1968, the Board hereby agrees that every employee of the Board shall have the right freely to organize, join and support the Association and its affiliates for the purpose of engaging in collective negotiations and other concerted activities for mutual aid and protection. As a duly selected body exercising governmental power under the laws of the State of New Jersey, the Board undertakes and agrees that it shall not directly or indirectly discourage or deprive or coerce any teacher in the enjoyment of any rights conferred by Chapter 303, Public Laws 1968 or other laws of New Jersey or the Constitutions of New Jersey and the United States; that it shall not discriminate against any teacher with respect to hours, wages, or any terms or conditions of employment by reason of his membership in the Association and its affiliates, his/her participation in any activities of the Association and its affiliates, collective negotiations with the Board, or his/her institution of any grievance, complaint or proceeding under this Agreement or otherwise with respect to any terms or conditions of employment.

B. Statutory Savings Clause

Nothing contained herein shall be construed to deny or restrict to any teacher such rights as he may have under New Jersey School Laws or other applicable laws and regulations. The rights granted to teachers hereunder shall be deemed to be in addition to those provided elsewhere.

C. Just Cause Provision

No teacher 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.
ARTICLE V
TEACHER SCHEDULING

A. Teachers' Day


Teachers shall report to work twenty minutes (20) prior to the start of the school day and shall be present in their classrooms when children arrive for the morning and afternoon sessions. Teachers may depart at the end of the school day upon completion of their professional responsibilities.

Consistent with past practice, the teacher professional day shall not be more than 5 hours/55 minutes exclusive of a duty free lunch period and faculty meetings as stated in Paragraphs B and C of this Article.

B. Lunch Periods

Teachers shall be entitled to a one hour duty-free lunch period. Exceptions may occur when teachers are assigned to periodic playground duty or extended lunchtime homeroom duty (during inclement weather). No lunch period shall be less than forty-five (45) continuous minutes. Staff, when participating in compensated lunchtime supervision or extracurricular activities conducted during the lunch period, shall waive their rights to the preceding entitlements.

C. Meetings

Effective July 1, 2001, there shall be a total of eleven (11) faculty meetings; and effective July 1, 2002, there shall be a total of twelve (12) faculty meetings per year. The scheduling of such meetings shall be at the discretion of the principal and teaching staff as long as advance notice (48 hours) is given. Meetings shall not be scheduled on Fridays or any day immediately preceding a holiday, shall start ten (10) minutes after the dismissal of students, and shall not exceed sixty (60) minutes in length. The superintendent may schedule additional building or district-wide faculty meetings, based on need and upon consultation with the Association.

The Board recognizes the importance of educational improvement, particularly in our rapidly changing society, and agrees to be responsive to the additional time needs of teachers by providing released time and scheduling single session or full day professional opportunities subject to the constraints of the school calendar.

D. Preparation Time

In addition to a duty-free lunch period, teachers shall be entitled to preparation time during which they shall not be assigned to any other duties. The preparation time shall not be less than two hundred-ten (210) minutes per week and in not less than thirty (30) continuous minute blocks. The administration shall make every effort to schedule preparation time on a daily basis.

E. Class Coverage

In cases where substitute teachers are not available to cover classes, regular teachers may volunteer to serve as substitutes during their preparation time and receive additional hourly rate compensation. The hourly rate for the term of this contract shall be $33.

F. Teacher/Parent Conferences

Single session days for grades one through eight shall precede the scheduling of afternoon or evening teacher/ parent conferences. The number of evenings reserved for conferences shall not exceed two (2).

ARTICLE VI
SPECIALISTS AND SUBSTITUTES

A. Minimums

The Board and the Association recognize the fact that an adequate number of competent specialists are desirable for the operation of an effective educational program. Accordingly, the Board agrees to consider seriously the recommendations of the TAB Committee and/or the teacher representatives to the Board-Staff Relations Committee concerning staff minimums in special subject education.

B. Substitutes

1. Qualifications
          Positions which are vacant because teachers are temporarily absent shall be filled by teachers who meet the qualifications for substitute teachers as adopted by the Board in accordance with the provisions of the Policy Manual.

2. List
          The Board agrees at all times to maintain a list of substitute teachers who shall be provided with appropriate orientation and training by the administration to help them instruct the classes they cover.

3. Coverages

The Board shall make every effort to provide substitutes for all personnel in all departments, including special teachers, nurses, and secretaries.
ARTICLE VII

TEACHER EMPLOYMENT

A. Placement on Salary Schedule

1. Adjustment to Salary Schedule
          Any teacher employed prior to February 1st of any school year shall be given full credit for one (1) year of service toward the next increment step for the following year.

2. Credit for Experience
          Credit on the Teachers' Salary Schedule will be given for previous outside teaching experience in a daily accredited school upon initial employment in accordance with the provisions of Article VIII, Salaries.

B. Previous Sick Leave Accumulation
      Previously accumulated unused leave days shall be restored to all teachers returning to the Fair Haven district after a period of absence.

C. Notification of Contract and Salary
      Teachers shall be notified of their contract and salary status for the ensuing year no later than April 30 and shall indicate their intent to accept or reject employment by returning a signed copy of their contract or salary statement by May 15.

D. Reduction-in-Force

1. Notification and Consultation
          If any reduction-in-force is being considered for good cause, the Board will notify and consult with the Association prior to the decision.
      2. Reduction Procedures
          a. Any reduction-in-force of tenured teachers will be carried out in accordance with the New Jersey Statutes Annotated, Title 18A, Education, Chapter 28, Article 3 (Effect of Reduction of Force upon Persons under Tenure), 18A:28-9 to 18A:28-14 and the New Jersey Administrative Code, Title 6, Subtitle A, Chapter 3, Subchapter 1 (Standards for Determining Seniority), 6:3-1.10.
          b. Any tenured teacher who loses a position due to reduction-in-force will receive upon request, a letter of recommendation from the Superintendent of Schools. Such a letter will specifically state the reason for the termination.
      3. Preference for Part-Time Employment
          Tenured teachers on layoff will be given preference for available part-time, hourly rate, professional employment as long as they possess seniority over teachers currently holding the positions.

4. Recall Procedures
          a. Tenured teachers on layoff will be recalled in reverse order of layoff when vacancies occur.
          b. While teachers are on layoff, there will be no new hires for any position unless:

1) No teacher on layoff is certified to fill the vacant position.
2) All certified teachers on layoff decline the offer to fill the vacancy.
              3) No certified teacher on layoff requests the vacant position within 10 days after receiving official notice of the vacancy (return receipt required).

5. Recall Rights
          a. Tenured teachers on layoff will retain recall rights for at least two years unless the teacher:

1) Waives recall rights
2) Resigns
          b. Teachers who are re-employed will be placed on the proper step of the salary guide based on their years of experience and will reacquire all benefits to which they are entitled at the time of termination, including unused accumulated sick leave and credits toward sabbatical eligibility.

6. Reduction-in-Force and Recall Lists
Lists, establishing the order of reduction-in-force and recall of tenured teachers, according to the above criteria will be drawn by agreement between the Board of Education and FHEA annually. Such lists will be available to members of the Board and Association for inspection.

ARTICLE VIII

SALARIES

A. Salary Schedule
      The salaries of all teachers covered by this Agreement are determined in accordance with Schedule A which is attached hereto and made part hereof.

B. Administration of Salary Guide
      Upon employment, a teacher shall be placed on the salary guide according to the following rules:
      - Full Credit shall be given for teaching experience completed within ten (10) years prior to employment in Fair Haven.

- Credit shall be given for full-time military service up to a maximum of four (4) years.
      - Credit for teaching experience for less than a full year shall be determined on an individual basis.

C. Additional Compensation
      Teachers shall be entitled to additional compensation for professional work completed outside of the regular school day subsequent to approval by the Board or administration and in accordance with the following schedule:
      - Professional Activities
          Hourly rate compensation for home instruction, curriculum revision; development, program needs assessment, textbook selection, report card revision, staff development, etc. for the term of this contract shall be $33.
      - Extracurricular Activities; Lunchtime Supervision
          Hourly rate compensation for extracurricular student activities or lunchtime supervision for the term of this contract shall be $22.
      - Overnight Activities
Additional compensation for overnight activities shall be frozen at the 1996-97 rate. The overnight rate for the term of this contract shall be $210.
ARTICLE IX

FAIR DISMISSAL PROCEDURE

A. Notification of Status

1. Date
          On or before April 30th of each year, the Board shall provide each non-tenure teacher, who has held contin-uous employment from preceding September 30th, one of the following notices:
    a. A written offer of a contract for employment for the next succeeding year providing for at least the same terms and conditions of employment but with such increases in salary and benefits as may be required by law or agreement between the Board and the Association, or
b. A written statement that such employment will not be offered.
          c. If it is the decision of the Board that employment will not be offered to a non-tenure teacher, the Superintendent will give that teacher an opportunity to resign before the date of issuance of contracts.

2. Reasons
          Any non-tenure teacher who receives a notice of non-employment may within five (5) days thereafter, request conference with the Superintendent, which conference shall be held within five (5) days after the receipt of such request. If requested, a statement of reasons for non-renewal of contract will be provided.
    B. Failure to Comply
        Should the Board of Education fail to give to any non-tenure teaching staff member either an offer of contract for employment for the next succeeding year or a notice that such employment will not be offered, all within the time and in the manner provided by this Article, then said Board of Education shall be deemed to have offered to that teaching staff member continued employment for the next succeeding school year upon the same terms and conditions but with such increases in salary as may be required by law or policies of the Board of Education.

    C Notification of Intention to Return

    If any teacher desires to accept such employment, (s)he shall return the signed contract or letter of reappointment by May 15th, in which event such employment shall continue as provided for therein. In default of such action by the teacher, the Board shall not be required to continue employment.
    ARTICLE X

    COMPLAINT PROCEDURE

    A. Procedural Requirement
        Any complaint regarding a teacher made to any member of the administration by a parent, student, or other person which does or may influence evaluation of a teacher shall be initially directed to the teacher for resolution. If the teacher cannot resolve the complaint, it shall be processed according to the procedures outlined in Paragraph B of this Article.

    B. Meeting with Administrator
        1. The administrator shall meet with the teacher to apprise the teacher of the full nature of the complaint and they shall attempt to resolve the matter informally.
        2. The teacher and administrator shall meet with the complaining party and make an effort to resolve the complaint.
        3. The administrator will keep the teacher informed of any further developments in the said complaint.
        If the teacher is not satisfied with the resolution of the complaint, (s)he may pursue the matter in accordance with the provisions of the Grievance Procedure, beginning at Level Two.

    C. Right to Representation
        The teacher shall have the right to be represented by the Association at any meetings or conferences regarding such complaint.



    ARTICLE XI

    TEACHER/ADMINISTRATOR/BOARD COMMITTEE

    A. Organization

    1. Purpose
            The Teacher/Administrator/Board Committee, hereinafter called the "TAB Committee," shall be a continuing body to serve as a three-way channel for communication between the teachers, administration and Board of Education.

    2. Membership

    The TAB Committee will include the following standing members:

    Two teachers from Sickles School
    Three teachers from Knollwood School
    Both building principals
    The superintendent of schools
    Two members of the Board of Education
            Additional people may be brought to a meeting by anyone of the standing members with advance notice.

    3. Consideration of Topics
            The TAB Committee will encourage the initiation of ideas and suggestions for projects by individual teachers, departments, grade levels, Association, administrators, and Board members.

    4. Rules of Procedure
            The TAB Committee shall establish its own rules of procedure consistent with Robert's Rules.

    5. Meetings
            Meetings may be called by a consensus of members at a mutually agreed upon date and time.

    ARTICLE XII

    SICK LEAVE

    A. Accumulative
        All full-time teachers shall be entitled to sick days with pay according to the schedule listed below. Unused sick leave days shall be subject to accumulation with no maximum limit. Entitlements of teachers employed less than full-time or employed after the school year has begun shall be pro-rated.

                Years of Service Days Allowed
                in District per School Year
                0 through 5 10
                6 through 10 12
                over 10 16
        Sick leave accumulations achieved prior to July 1, 1987 shall remain as calculated and serve as a base for subsequent accumulations.
        The Board reserves the right to require a certification of illness by an attending physician for any absence which exceeds five consecutive days.

    B. Extended
        When a teacher has exhausted his or her total accumulated sick leave and is absent on account of illness, the Board will consider on an individual basis, the granting of extended sick leave, which may be with full salary or salary minus the rate for substitute, or without salary. Such deductions as the Board may authorize will be made in the pay period immediately following that in which the absence occurred.

    C. Advance
        1. Teachers under tenure may be granted advance sick leave under certain conditions. An advance of sick leave is a cash loan that must be repaid, either by crediting future sick leave accruals or if the teacher leaves the service, (except if by death or disability), the unliquidated balance may be required to be repaid in cash by deducting from the teacher's final salary payment. Requests for advanced sick leave will be submitted, in writing, through the Principal to the Superintendent for approval. Each request should be initiated in time to reach the Superintendent prior to the effective date of the requested advance, if this is possible, and will be accompanied by a medical certificate. Written notice of the Superintendent's decision will be forwarded to the requesting party.
        2. Factors that will be considered in approving requests for leave include, but are not limited to:

    a. length of employment

    b. nature of ailment

    c. the advanced credit will not exceed ten (10) days at any one time and the total may not exceed an amount which it is reasonably assured will be subsequently earned.
        d. review of previous leave record

    D. Attendance Compensation Upon Separation from the District in Good Standing

    Attendance compensation for all qualified teachers covered by the Agreement shall be determined in accordance with the provisions of Schedule B which is attached hereto and made a part thereof.

    ARTICLE XIII

    LEAVE OF ABSENCE


    A. Temporary Leave of Absence

    1. Leave Entitlement
            Teachers shall be entitled to the following temporary leaves of absence with full pay for each school year:

    a. Personal (non-accumulative)
            - Five (5) days leave of absence for the purpose of attending to personal, legal, business, household or family matters or observing religious holidays which require absence during school hours.
            - Application for leave shall be submitted to the Superintendent at least two days in advance of the date(s) except in the case of emergencies. There is no requirement to state a reason if the day requested does not precede or follow a school holiday or vacation.
            - Personal leave may not be taken on days immediately preceding or following school holidays or vacations except when emergency or extenuating circumstances prevail. In such instances, a request for leave must be submitted in advance, with reasons cited. The Superintendent then, at his/her discretion may approve the request at full or partial pay or without pay.
            - At the end of each school year, teachers may elect to receive compensation and partial conversion to unused sick days for unused personal days not to exceed three (3) or to fully convert the unused personal days to unused sick days in accordance with the following schedule:

    Number of Unused Compensation and Partial
    Personal Days Conversion Option Full Conversion Option
    3 $100 and 2 unused sick days 3 unused sick days
    2 $65 and 1 unused sick day 2 unused sick days
    1 $30 only 1 unused sick day





    b. Marriage and Honeymoon (non-accumulative)
                Up to five (5) days leave for the purpose of a teacher's marriage and honeymoon.

    c. Bereavement (non-accumulative)
                Up to five (5) days leave in the event of the death of a teacher's spouse, parent, child, grandchild, parent-in-law, stepchild, step-grandchild, or any other person who at the time of death was a member of the teacher's household in a spousal-like relationship with the teacher.
                Up to three (3) days leave in the event of the death of a teacher’s grandparent, sibling, siblings spouse, spouse’s sibling.
                One (1) day leave in the event of the death of any other relative.

    d. Professional (non-accumulative)
                Leave for the purpose of professional improvement, e.g., school visitation and attendance at educational workshops and conferences. The number of days taken shall be subject to the Superintendent's discretion.

    2. Exhaustion of Leave Entitlement
            In the event that a teacher exhausts his/her leave entitlement in any specific leave category, the Superintendent may grant additional leave at full or partial pay or without pay for good reason. Each case shall be decided on its own merits.

    3. Extended Temporary Leaves of Absence
            Any request for a temporary leave of absence exceeding five (5) consecutive school days must be approved in advance by the Board. Such requests should include reasons for the leave.

    B. Extended Leaves

    1. Procedure
            Requests for extended leaves of absence will be submitted to the Superintendent, whose recommendations will be acted upon by the Board. If granted, all benefits to which a teacher was entitled at the time of his/her leave of absence commenced, including unused accumulated sick leave and credits toward sabbatical eligibility, shall be restored to him/her upon return, and (s)he shall be assigned to the same position which (s)he held at the time said leave commenced, if available or, if not, to a substantially equivalent position. Health insurance coverage will be governed by the provisions of the plan then in effect.

    2. Types and Conditions

    a. Leave Without Salary (no credit on salary guide)
                1. Any teacher may request an extended leave of absence without pay for good reason, e.g., child care, disability, etc.
                2. Length of such leave shall be determined on an individual basis, however, it cannot exceed the remainder of the year in which the leave commenced plus one full year. A statement of intent, i.e., to return, to resign or to request an extension of leave must be provided before contracts are offered for the following school year (not later than March 31).
                3. The preceding language is not intended to supersede any extension of benefits granted by statute.

    b. Leaves Without Salary (salary guide credit granted)
                1. Any teacher who has completed two years of teaching in Fair Haven may request a one year leave of absence without pay for travel and/or study.
                2. Such a request will be evaluated by a committee including the applicant's building principal, the Superintendent and two members of the teaching staff on the basis of a planned program of study to be submitted to the Superintendent at the time of the request.

    3. If leave is granted, the teacher on returning to the system will be given credit on the salary guide for the year of travel and/or study, e.g., teacher "A" completes the 8th step on the guide; studies and/or travels on an approved program for one year will then return to teaching on the 10th step.







    ARTICLE XIV

    SABBATICAL LEAVES
    A. Purpose
        A sabbatical leave may be granted to a teacher for purposes of graduate study in the area of the teacher's assignment or for other professional development activity or program of value to the school system.

    B. Conditions
        1. A sabbatical leave may be granted to any teacher who has completed his/her seventh year of full-time service in the Fair Haven Schools.

        2. No more than three sabbatical leaves may be approved in any one school year.
        3. Applications for sabbatical leave will be given priority on the basis of length of service in Fair Haven and the date of receipt of the application. A teacher who has never had a sabbatical leave will have precedence over one who has previously had such leave. All applications for sabbatical leave must be received by the Superintendent by January 1 of the year in which leave is to begin and the teacher must be notified of the Board's decision by March 1 of that year. In the case of only one application and at the discretion of the Superintendent, the receipt date requirements of January 1 and/or the notification date of March 1, may be waived, and dates, more applicable to the individual situation, may be agreed to by the applicant and the Superintendent.
        4. A request for sabbatical leave shall be evaluated by a committee which will include the applicant's building principal, the Superintendent, and two teachers chosen by the Association. Upon acceptance of applications, the Superintendent will convene said committee. The committee will evaluate each application using criteria based on A. Purpose, above. The recommendations of the committee will then be presented to the Board.

    5. If sabbatical leave is granted, it shall be for a period of not less than five months and not more than one school year. During the period of the sabbatical, the teacher will receive half salary or any salary mutually agreed to by the applicant and the Board. For said sabbatical, the teacher will be credited with a commensurate amount of service time on the salary guide and the applicant's benefits shall be continued at the expense of the Board for the length of the sabbatical. Graduate study taken during the sabbatical shall not be subject to tuition reimbursement If the teacher discontinues his,/her approved leave for any reason, he/she will notify the Board immediately and salary payments for the sabbatical will be terminated. Payments for benefits will also be discontinued unless the staff member chooses to pay for said benefits at his/her own expense. In addition, the teacher will forfeit his/her salary guide service credit for the sabbatical time period and may not return to active teaching until the prearranged sabbatical time period has ended.

    6. A teacher who is granted a sabbatical leave must agree to return to active teaching in the Fair Haven Schools for two full, consecutive years immediately following the completion of his/her sabbatical leave. If the teacher fails to return to the district, he/she may be required to repay the Board for all or a proportionate share of the salary (s)he received while on sabbatical. However, this monetary penalty may be waived at the discretion of the Superintendent and with the full written consent of the teacher.
        7. The applicant may, at his/her discretion, be accompanied at any/all negotiations pertaining to his/her sabbatical and his/her return to active service in the Fair Haven Schools, by a member of the Unified Association.
    ARTICLE XV

    PROFESSIONAL IMPROVEMENT

    The Board of Education encourages the continuous professional improvement of its staff by providing tuition and workshop/seminar fee reimbursements and non-credit course stipends in accordance with the following conditions:

    A. Tuition Reimbursement
        The Board shall reimburse staff members employed prior to July 1, 1997 for tuition costs (excluding registration, lab, matriculation, book and travel expenses) incurred in taking and passing college or university course work up to an annual amount not to exceed the prevailing per credit rate at Rutgers, the State university and nine (9) credits for tenured teachers; six (6) credits for non-tenured teachers; and $10,000 for all teachers, provided that prior approval is granted by the Superintendent. Teachers employed after June 30, 1997 shall not be eligible for tuition reimbursement until tenure is attained.

    B. Workshop/Seminar Fee Reimbursement
        The Board shall reimburse staff members for registration, travel (IRS rate) and lunch (not to exceed $10) expenses incurred in attending professional workshops and seminars up to an annual amount of $4,000 for all teachers, provided that prior approval is granted by the Superintendent.

    C. Non-Credit Course Stipends

    The Board shall grant staff members one-time-only stipends for completion of non-school time, non-credit courses or workshops up to an annual amount of $6,000 for all teachers, provided that prior approval is granted by the Superintendent. The amount of the stipend shall be set in advance and be reflective of time commitment.

    Reimbursements and/or stipends shall be processed for payment upon receipt of official written notice that courses/ workshops have been successfully completed. If appropriate, copies of canceled checks should also be submitted.

    Staff members who qualify for advance training levels prior to April 1 of any school year shall be advanced on the salary guide retroactive to the date of their qualification upon receipt of official transcripts from colleges or universities attended. Guide advancement for credits or degrees accrued after March 31 shall not be made until the beginning of the next school year.

    If, at some time in the future, a staff member who opted for full tuition reimbursement of graduate credit under the provisions of the former policy, wishes to apply such credit to training level advancement, an equitable plan of repayment will be developed on an individual basis.
    ARTICLE XVI

    INSURANCE PROTECTION

    A. Premium Payment

    For tenured teachers the Board shall provide insurance protection described below by paying premiums in accordance with the following schedule:

    Plan Employee Premium Dependent(s) Premium

    NJ State Health Benefits (includes RX) 100% 100%
    Dental 100% 100%

    For non-tenure teachers, the Board shall provide insurance protection described below by paying premiums in accordance with the following schedule:

    Plan Employee Premium Dependent(s) Premium

    NJ State Health Benefits (includes RX) 100% 100%
    Dental 100% 0%

    Non-tenured teachers may purchase dental coverage for their dependents.

    B. Provisions. of Coverage
        The provisions of the insurance programs shall be detailed in master policies and contracts agreed upon by the Board and Association and shall provide benefits for the following services:

    1. Hospitalization
    2. Surgical
    3. Out-Patient
    4. Major Medical
    5. Prescription
    6. Dental (2003-04 $1,500 per person cap)
    (2004-05 $1,500 per person cap)
    (2005-06 $1,500 per person cap)
        Copies of such policies and contracts shall be made available to Association members.




    C. Carriers
        The Board shall select insurance carriers based on comparability of benefits, premium bids, service and reputa-tion. In no case shall the Board change carriers without consulting with the Association and providing assurance that the existing level of benefits will be at least maintained.

    D. Complete Annual Coverage
        For each teacher who remains in the employ of the Board for the full school year the Board shall make payment of insurance premiums to provide coverage for the twelve (12) month period. When a teacher leaves the employ of the Board, insurance coverage will be governed by the provisions of the plan then in effect.


    E. Recoupment of Employee Contributions

    The Association agrees not to seek recoupment of employee contributions made prior to January 1, 1991 as referenced in the letter of Diane Spears, NJEA Consultant, on behalf of the Association, dated December 17, 1990.

    ARTICLE XVII
    PAYROLL DEDUCTIONS

    A. Approved Deductions
        Upon receipt of individual written authorizations, the Board agrees to deduct from the salaries of employees the following approved monies:

    1. Unified Association Dues (Consistent with N.J.S.A. 52:14-15.9e)
    2. Washington National Disability Insurance Premiums
    3. MON-OC Savings Contributions
    4. Tax Shelter Annuity Contributions
        MON-OC Saving and Tax Shelter Annuity contributions shall be transmitted to designated officials by the 15th and 30th of each month.

    B. Representation Fee

    If an eligible employee does not become a member of the Association during any membership year which is covered in whole or in part by this Agreement, said professional employee will be required to pay a representation fee for that membership year. The purpose of this fee will be to offset the employee's per capita cost of services rendered by the Association as majority representative.

    Prior to the beginning of each membership year, the amount of said representation fee shall be certified to the Board by the Association, which amount shall not exceed eighty-five per cent (85%) of the regular unified dues.

    The Association shall indemnify and hold the Board harmless against any and all claims, demands, suits and other forms of liability that may arise out of, or by reason of any action taken or not taken by the Board in conformance with this provision.
    ARTICLE XVIII
    MISCELLANEOUS PROVISIONS
    A. Nondiscrimination
        The Board and the Association agree that there shall be no discrimination, and that all practices, procedures, and policies of the school system shall clearly exemplify that there is no discrimination in the hiring; training, assignment, promotion, transfer or discipline of teachers or in the application or administration of this Agreement on the basis of race, creed, color, religion, national origin, sex, domicile, or marital status.

    B. Board Policy
        This Agreement constitutes Board policy for the term of said Agreement, and the Board shall carry out the commitments contained herein and give them full force and effect as Board policy.

    C. Savings Clause

    Except as this Agreement shall otherwise provide, all terms and conditions of employment applicable on the signing 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.

    D. Separability

    If any provision of this Agreement or any application of this Agreement to any employee or group of employees is held to be contrary to law, then such 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.

    ARTICLE XIX

    DURATION OF AGREEMENT

            This Agreement shall be effective as of July 1, 2003 and shall continue in effect until June 30, 2006.

    In witness whereof the Association has caused this Agreement to be signed by its President and Secretary, and the Board has caused this Agreement to be signed by its President, attested by its Secretary, and its Corporate Seal to be placed hereon, all on the day and year first above written.



    FAIR HAVEN EDUCATION ASSOCIATION


    By ________________________________________
    President


    By ________________________________________
    Secretary




    FAIR HAVEN BOARD OF EDUCATION


    By ________________________________________
    President


    By ________________________________________
    Secretary


    Schedule A
    TEACHERS' SALARY GUIDE

    Competent teachers are a primary factor in any good educational system. The Fair Haven Board of Education recognizes its responsibility to obtain and retain the best available teachers within the limits of the community's ability and willingness to pay for them. It has always been the policy of the Board to maintain a salary program which will consistently satisfy the following conditions:
        1. Attract well qualified new teachers by offering starting salaries which compare favorably with those of other districts.

    2. Recognize increased experience through adequate annual increments.
        3. Recognize professional growth through establishment of training level differentials as a result of satisfactory completion of graduate courses and/or qualification for advanced degree(s).
        4. Recognize the contribution of teachers who have given long and faithful service to education and specifically to our school system.

    Effective July 1, 2003-2004, the Salary Guide shall be improved by 5.0%;
    Effective July 1, 2004-2005, the Salary Guide shall be improved by 4.85%; and
    Effective July 1, 2005-2006, the Salary Guide shall be improved by 4.75%.

    All monies are retroactive to July 1, 2003 from date of ratification and one guide shall be mutually developed.

    2003-2004 Guide

    2004-2005 Guide


    2005-2006 Guide


    Schedule B

    POLICY FOR ATTENDANCE COMPENSATION
    UPON SEPARATION FROM THE DISTRICT IN GOOD STANDING

    In order to recognize above average attendance and provide incentive for improvement any teacher who leaves the district in good standing, with twenty (20) years or more of service in the district shall be entitled to attendance compensation which shall be determined in accordance with the appropriate condition calculation described below. Teachers leaving the district in good standing with ten (10) or more years of service in the district but less than twenty (20) shall be entitled to prorated attendance compensation derived as follows:

    Years of Service X Condition Calculation
    20
    Condition #1

    Eligible retirees whose percent of sick days not used is fifty percent (50.0%) or higher shall receive attendance compensation derived by multiplying each percentage point and part thereof by $150.

    Example: Percentage of sick days not used is 78.6%
    78.6 X $150 = $11,790

    Eligible retirees whose percent of sick days not used is less than fifty percent (50%) shall receive attendance compensation derived by multiplying each percentage point and part thereof by the appropriate rate listed below:

    40.0% to 49.9% - $50
    30.0% to 39.9% - $25
    0.0% to 29.9% - $12

    Example: Percentage of sick days not used is 35.2%
    35.2 X $25 = $880
    ADMINISTRATION

    To be eligible for attendance compensation upon leaving the district in good standing and having satisfied service requirements a staff member must notify the Superintendent in writing of his/her intent to resign at least six (6) months in advance of the effective date. However, the Board may, in cases of extenuating circumstances, modify time requirements upon written request of the teacher. Failure to meet the advance notice prerequisite shall not result in the forfeiture of an entitlement but may cause a delay in its payment.

    Attendance compensation shall be paid to an eligible staff member on the 15th of the month following the effective date of resignation or later if so requested by the teacher. Compensation shall be subject to prevailing State and Federal taxes. If a staff member receives attendance compensation upon resignation and later returns to the district, previous attendance credit will be restored only upon repayment of the compensation.
    DEATH BENEFIT

    If a teacher dies while employed in the district, his/her attendance compensation shall be paid to his/her estate or beneficiary. Entitlements for employees with twenty (20) or more years of service shall be consistent with prevailing condition calculations. For those with less than twenty (20) years of service, entitlements shall be prorated as follows:
    Years of Service X Condition Calculation
                        20


    Fair Haven BE and Fair Haven EA Teachers 2003.pdf