A G R E E M E N T
UPPER SADDLE RIVER EDUCATION ASSOCIATION
BOARD OF EDUCATION OF UPPER SADDLE RIVER
2002 - 2003
2003 - 2004
2004 - 2005
RICHARD M. SALSBERG, ESQ.
SCARINCI & HOLLENBECK, LLC
1100 VALLEY BROOK AVENUE
P.O. BOX 790
LYNDHURST, NEW JERSEY 07071
TABLE OF CONTENTS
I. PROVISIONS APPLICABLE TO ALL EMPLOYEES IN THE
BARGAINING UNIT 1
NEGOTIATION PROCEDURE 4
GRIEVANCE PROCEDURE 6
ASSOCIATION RIGHTS AND PRIVILEGES 17
JOB POSTING 21
INVOLUNTARY TRANSFERS AND REASSIGNMENTS 22
EMPLOYEE-ADMINISTRATION LIAISON 24
DEDUCTION FROM SALARY 27
INSURANCE PROTECTION 29
MISCELLANEOUS PROVISIONS 32
DURATION OF AGREEMENT 34
NO STRIKE, NO SANCTIONS 35
II. PROVISIONS APPLICABLE TO TEACHERS ONLY 36
TEACHER RIGHTS 36
TEACHING HOURS AND TEACHING LOAD 38
TEACHER ASSIGNMENT 40
TEACHER ASSESSMENT AND INSTRUCTIONAL IMPROVEMENTS 41
TEACHER FACILITIES 45
ACCUMULATED SICK DAYS UPON RETIREMENT 47
NON-TEACHING DUTIES 50
SICK LEAVE 52
TEMPORARY LEAVE OF ABSENCE -
EXTENDED LEAVES OF ABSENCE - TENURED TEACHERS 57
PROTECTION OF TEACHERS,
STUDENTS AND PROPERTY 61
SABBATICAL LEAVE 63
WITHHOLDING OF INCREMENTS 64
TEACHER EMPLOYMENT AND RE-EMPLOYMENT 66
MISCELLANEOUS TEACHER COMPENSATION 67
EDUCATIONAL IMPROVEMENT 70
IN-SCHOOL WORK YEAR 74
MANAGEMENT PREROGATIVE AND MAINTENANCE OF
CONDITIONS PERTAINING TO TEACHERS 75
III. PROVISIONS APPLICABLE TO SECRETARIES ONLY 76
SECRETARIES’ WORK SCHEDULES 76
SECRETARIES’ PAID VACATIONS 79
SECRETARIES’ HOLIDAYS 80
SECRETARIES’ SICK LEAVE 82
SECRETARIES’ TEMPORARY LEAVES OF ABSENCE 84
SECRETARIES’ SENIORITY 86
SECRETARIES’ RIGHTS 87
SECRETARIES’ COURSE REIMBURSEMENT 88
IV. PROVISIONS APPLICABLE TO CUSTODIANS ONLY 89
CUSTODIANS’ HOLIDAYS 89
CUSTODIANS’ VACATIONS 90
CUSTODIANS’ OVERTIME 91
CUSTODIANS’ CLOTHING ALLOWANCE 92
CUSTODIANS’ STIPENDS 93
CUSTODIANS’ PAYMENT FOR UNUSED SICK LEAVE 94
CUSTODIANS’ RIGHTS 95
CUSTODIANS’ COURSE REIMBURSEMENT 96
CUSTODIANS’ DISABILITY INSURANCE 97
V. SALARY SCHEDULES 98
TEACHERS’ SALARIES 2002/03 98
TEACHERS’ SALARIES 2003/04 100
TEACHERS’ SALARIES 2004/05 102
SECRETARIES’ SALARIES 2002/03-2004/05 104
CUSTODIANS’ SALARIES 2002/03-2004/05 106
I. PROVISIONS APPLICABLE TO ALL EMPLOYEES IN THE BARGAINING UNIT This Agreement is divided into 5 sections; Section I is applicable to all employees in the bargaining unit; Section II applies only to Teachers; Section III applies only to Secretaries and Section IV applies only to Custodians; Section V contains the Salary Schedules.
This Agreement, entered into this First day of April 2002 by and between the Board of Education of Upper Saddle River, New Jersey, hereinafter called the "Board", and the Upper Saddle River Education Association, hereinafter called the "Association", for the contractual years 2002 - 2003, 2003 - 2004 and 2004-2005.
WHEREAS, the Board has an obligation, pursuant to Chapter 123, Public Laws of 1974, to negotiate with the Association as the representative of employees 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;
In consideration of the following mutual covenants, it is hereby agreed as follows:
A. The Board hereby recognizes the Upper Saddle River Education Association as the exclusive and sole representative for collective negotiations concerning terms and conditions of employment for negotiating unit members.
Those represented by the Association shall include all certificated personnel under contract, whether on leave, employed or hereafter employed by the Board as Teachers, Nurses, Librarians, Audio-Visual Coordinator, Grade Chairpersons & Department Heads, Guidance Counselor, Social Worker, Speech Pathologist, Learning Disability Specialists and Reading Teachers (except Supervisors). Also included shall be Secretaries, Clerical Teacher Aides, Library Clerks, Payroll Clerks, Bookkeepers, Custodians, Grounds Helpers and Maintenance Helpers, excluding the Secretary to the Superintendent, the Secretary to the Board Secretary, and all other classifications of employees.
B. Unless otherwise indicated, the term "Teachers", when used hereinafter in this Agreement, shall refer to all certificated employees represented by the Association. The term "support staff" shall refer to all covered employees other than "teachers"; the term "custodian" shall refer to custodians, grounds helper, and maintenance helper; the term "secretary" shall refer to secretaries, clerical teacher aides, library aides, library clerks, payroll clerks, accounts payable clerks, and receptionist. The term "employees" refers to the entire bargaining unit collectively. References to male employees shall be understood to include female employees.
C. This recognition shall not impair the right of any employee or group of employees under Section 19 of Article I of the New Jersey Constitution or any applicable law or State administrative regulation now or hereafter enacted or promulgated.
A. The parties agree to enter into collective negotiations over a successor agreement in accordance with Chapter 123, Public Laws of 1974, in a good faith effort to reach agreement on all terms and conditions of employment. Such negotiations shall begin in accordance with the rules and regulations of the Public Employment Relations Commission in the year preceding the calendar year in which agreement expires. Any agreement so negotiated shall apply to all employees specified, be reduced to writing, be signed by the Board and the Association, and be adopted by a majority vote of the full Board of Education at a public meeting after ratification by the membership of the Association.
B. During negotiations, after the presentation of proposals by each party, the Board and the Association shall present relevant data, exchange points of view and counter proposals. The Board will make available for inspection by the Association, on reasonable request, such records, data and information as are public, not confidential, and not the work product of the Board.
C. Neither party in any negotiations shall have any control over the selection of the negotiating representatives of the other party. The parties mutually pledge that their representatives shall be clothed with all necessary power and authority to make proposals, consider proposals, and make counterproposals in the course of negotiations.
D. This Agreement incorporates the entire understanding of the parties on all matters which were or could have been the subject of negotiation. During the term of this Agreement, neither party shall be required to negotiate with respect to any such matter (except for a future agreement) whether or not covered by this Agreement and whether or not within the knowledge or contemplation of either or both of the parties at the time they negotiated or executed this Agreement.
E. 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.
A. 1. A Grievance is a claim based upon an alleged misinterpretation, misapplication, or violation of this Agreement which affects the terms and conditions of employment in this Agreement inclusive of claims based upon changes in Board policy or Administrative Procedure which allegedly affect the terms and conditions of employment in this Agreement.
2. An "aggrieved person" is the person or persons making the claim.
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 claim.
4. An "immediate supervisor" shall mean the person who has the responsibility for immediate, direct administration of the aggrieved person.
5. "School day" shall mean a day in which the central office is open to transact business and classes are being conducted.
B. 1. The purpose of this procedure is to secure, at the lowest possible level, solutions to the problems which from time to time arise concerning the interpretation, application or alleged violation of this Agreement affecting the terms and conditions of employment. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of the procedure.
2. Nothing herein contained shall be construed as limiting the right of any covered employee having a grievance to discuss the matter informally with any appropriate member of the administration and having the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with terms of this Agreement.
C. General Provisions
1. Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as a maximum and every effort should be made to expedite the process. The time limits specified may, however, be extended by mutual agreement.
2. In the event a grievance is filed by a ten month employee at such time that it cannot be processed through all the steps in this grievance procedure by the end of the school year and, if left unresolved until the beginning of the following school year, could result in irreparable harm to a party in interest, the time limits set forth herein shall be reduced so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicable.
3. Employees shall have the right to participate or to refrain from participation in the Grievance Procedure without fear of coercion, interference, restraint, discrimination or reprisal from any party to this Agreement.
4. An aggrieved person shall have the right to be represented at any state of the procedures by persons of his own choice.
5. Each party shall have access to all written statements and records pertaining to such case, except that data regarding individual employee regarded as confidential by the Board shall be released to the Association with the written consent of the individual employee involved.
6. All hearings shall be confidential to the parties in interest.
7. Both parties agree that they will act responsibly in attempting to expedite this grievance process.
8. At each step of the procedures, if differences are not resolved within the prescribed time, the aggrieved person has the right to move directly to the next stage.
9. At each step of this procedure, failure by a Grievant to appeal a decision within the specified time limit shall be deemed to be an acceptance of that decision at the previous level provided however that said failure to appeal is not due to or the result of illness.
1. Level One
An aggrieved person shall within forty-five (45) days of the alleged occurrence constituting the Grievance discuss it with his Principal or immediate supervisor, either directly or through the Association's designated representative, with the objective of resolving the matter informally.
2. Level Two
If the aggrieved person is not satisfied with the disposition of his grievance at Level One, or if no decision has been rendered within five (5) school days after presentation of the grievance, he may file the grievance in writing with the Chairman of the Association's Committee on Professional Rights and Responsibilities (hereinafter referred to as the "PR&R Committee") within five (5) school days after the decision at Level One or ten (10) school days after the grievance was presented, whichever is sooner. The written Grievance shall contain the following elements:
a. The nature of the Grievance and date occurred.
b. The specific section or sections of the Agreement alleged to have been violated.
c. The results of the previous discussions.
d. The employee's dissatisfaction with the decision previously rendered.
e. The specific relief sought.
Within five (5) school days after receiving the written grievance, the Chairman of the PR&R Committee shall refer it to the Superintendent of Schools.
3. Level Three
a. If the aggrieved person is not satisfied with the disposition of his grievance at Level Two, or if no decision has been rendered within five (5) school days after the grievance was delivered to the Superintendent, he may, within five (5) school days after a decision by the Superintendent, or ten (10) school days after the grievance was delivered to the Superintendent, whichever is sooner, request in writing that the Chairman of the PR&R Committee submit his grievance to the Board of Education. If the PR&R Committee determines to submit the grievance to the Board of Education, it shall do so within fifteen (15) school days after receipt of a request by the aggrieved person. In submitting such a grievance to the Board of Education, the PR&R Committee shall state in writing the nature of the claim, the factual allegations of the grievant and of other parties involved, findings of fact with respect to any factual dispute, its opinion as to whether or not the grievance is meritorious, and its recommendations including, but not in limitation, an appropriate remedy.
b. Within five (5) school days after receipt of such a written submission of the grievance from the PR&R Committee, the Board and the PR&R Committee shall attempt to agree upon a mutually acceptable time and place for the Board to hear the grievance. In any event, the Board shall schedule a hearing as promptly as possible and in no event later than twenty (20) school days from the date of the submission of the grievance in writing to the Board, and the Board shall hold such hearings as are necessary and issue its decision not later than twenty (20) school days from the date of the close of the hearings or, if oral hearings have been waived, then the date upon which the written statement of the grievance and proof on the issues have been submitted to the Board. The Board's decision shall be in writing and shall set forth its determination on the issue or issues presented.
4. Level Four
a. If the PR&R Committee is not satisfied with the disposition of the grievance by the Board, and the grievance is an arbitrable grievance as hereafter defined, the PR&R Committee may submit the matter to arbitration, in the manner hereafter provided, by serving a written notice upon the Board of the Committee's intent to arbitrate within ten (10) days after decision by the Board.
b. Within ten (10) school days after such written notice of submission to arbitration, the Board and the PR&R Committee shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, a request for a list of arbitrators may be made to the Public Employment Relations Commission by either party. The parties shall then be bound by the rules and procedures of the Public Employment Relations Commission in the selection of an arbitrator.
c. The arbitrator so selected shall confer with the representatives of the Board and the PR&R Committee and hold hearings promptly and shall issue his decision not later than twenty (20) days from the date of the close of the hearings or, if oral hearings have been waived, then from the date the final statements and proofs on the issues are submitted to him. The arbitrator's decision shall be in writing and shall set forth his findings of fact, reasoning and conclusions on the issues submitted. The arbitrator shall be without power or authority to make any decision which requires the commission of an act prohibited by law or which is violative of the terms of this Agreement. The decision of the arbitrator shall be submitted to the Board and the Association and shall be final and binding on the parties.
d. 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.
e. Binding arbitration under this Agreement shall apply only to Administrative decisions which contravene or misapply the provisions of this Agreement in such a way as to affect the terms and conditions of employment in this Agreement and such Administrative decisions shall include any changes in Board Policy or Administrative Procedure which so affect the terms and conditions of employment in this Agreement; but no Grievance shall be arbitrable that involves the discipline of any employee, the non-renewal of non-tenure employees, or any other matter for which a method of review is provided in PERC or under the Commissioner of Education or otherwise provided for by statute.
E. 1. A grievant may represent himself at any stage of the grievance procedure or, at his option, a grievant may elect to be represented by the Association at any step subsequent to Stage One.
2. No grievant shall be denied the right to use the procedure herein established by reason of membership in the Association or lack thereof, but no employee organization other than the Association shall be privileged to present grievances.
3. When at the option of the employee he 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 following Level One.
4. Should the Board or any of its agents or employees determine to meet with an employee organization other than the Association (which organization purports to represent employees in the unit) for the purpose of hearing the views and requests of its members, the Association shall be informed of the meeting and shall have the right to be present and state its views, and any changes or modifications in terms or conditions of employment arising out of or by reason of such meeting shall be made only through negotiation with the Association.
5. Only the Association or persons represented by the Association shall be entitled to use Level Four of the Grievance Procedure herein provided for.
F. All grievances shall be initiated within forty-five (45) calendar days of the time when the grievant knows or reasonably should have known of the alleged occurrence constituting the grievance. Any grievance not so initiated within the forty-five (45) calendar day period shall be deemed conclusively waived.
G. 1. If, in the judgment of the PR&R Committee, a grievance affects a group or class of teachers, the PR&R Committee may submit such grievance in writing to the Principal or immediate supervisor or, if more appropriate, to the Superintendent directly, in which case the processing of such grievance shall be commenced at Level Two. The PR&R Committee may process such a grievance through all levels of the grievance procedure.
2. Decisions rendered at Level Two which are unsatisfactory to the aggrieved person, and all decisions rendered at Levels Three (a) and Three (b) of the grievance procedure, shall be in writing, setting forth the decision and the reasons therefore, and shall be transmitted promptly to all parties in interest and to the Chairman of the PR&R Committee.
3. All documents, communications and records dealing with the processing of a grievance shall be filed in a separate grievance file, and copies thereof may be kept in the personnel file of any of the participants.
4. Forms for filing grievance, serving notices, taking appeals, making reports and recommendations, and other necessary documents shall be prepared jointly by the Board or its designee and the Association and given appropriate distribution so as to facilitate operation for the grievance procedure.
5. No meetings and hearings under this procedure shall be conducted in public and such meetings shall include only such parties in interest and their designated or selected representatives heretofore referred to in this Article.
ASSOCIATION RIGHTS AND PRIVILEGES
A. The Board agrees to furnish to the Association, if reasonable, or otherwise to make available for inspection, in response to reasonable requests from time to time, all available information concerning the financial resources of the district, including but not limited to: annual financial reports and audits, register of certificated personnel, notices of special meetings, and minutes of all Public Board meetings, census data, names and addresses of all teachers, and such other information that shall assist the Association in developing intelligent, accurate, informed and constructive programs on behalf of the teachers and their students, together with information which may be necessary for the Association to process any grievance or complaint, provided that the Board shall not be required to furnish any information under this Paragraph which is not public information or which is confidential or the work product of the Board or Administration.
B. Whenever any representative of the Association or any employee is mutually scheduled by the parties to participate during working hours in negotiations, grievance proceedings, conferences, or meetings, he shall suffer no loss in pay, provided that nothing herein shall be construed to require that such negotiations, grievance proceedings, conference or meetings be scheduled during working hours.
C. Representatives of the Association, the New Jersey Education Association, and the National Education Association shall be permitted to transact official Association business on school property at all reasonable times, provided that this shall not interfere with or interrupt normal school operations or regular teacher assignments and such representatives have checked in with the Principal of the building.
D. The Association and its representatives shall have the right to use school buildings at all reasonable hours for meetings, subject to the provisions of the Board's "Rules for Use and Rental of Facilities and Equipment", provided, however, that the Association shall not be required to furnish insurance certificates, shall not be denied use of the facilities unless there is a conflict with other scheduled events, shall make its application to the Secretary of the Board, rather than to the Board, and such application shall be determined by the Board's Secretary after consultation with the building Principal, that the Association shall not be required to pay for a custodian if their meeting occurs when the custodian is ordinarily on the premises, and that the Board or its agents will not unnecessarily interfere with Association meetings.
E. The Association shall have the right to use school typewriters, mimeographing machines, duplicating equipment, calculating machines and audio-visual equipment when such equipment is not otherwise in use or about to be used. The Association shall furnish all materials and supplies required for use of such equipment or incidental thereto. The Association shall be responsible for providing experienced and qualified operators of any such equipment, and permission shall in all cases be obtained from the building Principal or the person in charge of the equipment before the equipment is used. Damage by reason of negligence of operation shall be the Association's responsibility.
F. The Association shall have, in each school building, the exclusive use of a bulletin board in each faculty lounge or employee dining room. No approval shall be required of the material to be posted on such bulletin boards.
G. The Association shall have the right to use the inter-school mail facilities and school mail boxes as it deems necessary and without the approval of building Principals or other members of the Administration, provided that no Board personnel shall be required to assist the Association in use of such boxes of facilities, and the Association shall not overburden such inter-school facilities.
H. During any orientation program for new employees scheduled by the Board, the Association shall be allocated one hour for the purpose of conducting Association programs of any kind to which the new employees may be invited. The Board shall not discourage attendance at such programs.
A. The Board will post for a period of ten (10) working days openings for all unit positions which arise during the school year, time permitting, and for a period of two (2) weeks (fourteen (14) calendar days) for all unit positions which arise at any other time. Members of the negotiating unit will be given the opportunity to apply for posted openings. A copy of the notice posted will be sent to the Association. Applications received after the period of posting need not be considered.
B. Any ten month employee who desires to apply for a different position which may be filled during the summer period shall submit his name to the Superintendent, together with the position for which he wishes to apply, and an address and telephone number where he can be reached for the summer. The Superintendent, or his designee, shall notify the Association and only these employees of any vacancy in a position for which they have applied. Such notice shall be sent as far in advance as is practicable.
C. The filling of the vacancies shall not be grievable.
INVOLUNTARY TRANSFERS AND REASSIGNMENTS
A. An involuntary transfer or reassignment shall be made only after the employee has been given an opportunity of a meeting with his Supervisor, Principal or the Superintendent, at which meeting the employee shall be notified of the reason therefor. The validity of such reason shall not be grievable.
B. A list of open positions in the school district for which the employee is qualified shall be made available to all employees being involuntarily transferred.
A. All vacancies in positions paying a salary differential and/or positions on the administrator-supervisory levels of responsibility shall be posted for a period of two (2) weeks (14 calendar days). A copy of the notice posted will be sent to the Association. Members of the Association may apply for such positions. Applications received after the two (2) week period of posting need not be considered.
B. Any ten month employee who desires to apply for a promotional position which may be filled during the summer period shall submit his name to the Superintendent, together with the position for which he wishes to apply, and an address and telephone number where he can be reached for the summer. The Superintendent, or his designee, shall notify the Association and these employees of any vacancy in a position for which they have applied. Such notice shall be sent as far in advance as is practicable.
C. The filling of the vacancies shall not be grievable.
A. The Association shall select a Liaison Committee of not more than six (6) persons and inform the Board of the Committee members each September. The purpose of the Liaison Committee is to provide an opportunity for the Association, the Board of Education, and the Administrators, jointly or separately, to discuss any questions, problems, or mutual objectives which may arise and shall not circumvent Article II hereof.
B. Meetings will be mutually agreed upon and may be initiated by either side.
A. The salaries of all employees covered by this Agreement shall be as set forth in Schedules "A" through "F" which are attached thereto and made a part thereof.
1. Ten month employees may individually elect by filling in the appropriate form when returning their contracts to have a dollar amount (up to ten (10) percent of their monthly salary) deducted from their paychecks and held on deposit for them by the Bank utilized by the Board for payroll processing and in accordance with the terms of the agreement between the Board and said bank. Withdrawals from this account may be made by the employees in accordance with the provisions of the Bank Plan or the teachers may allow all deposits to accrue (with interest if applicable) and the proceeds of same to be paid annually to the teacher on or about 15 June in accordance with the Board/Bank agreement.
2. When a pay day falls on or during a school holiday, vacation or week-end, teachers shall receive their pay checks on the last previous working day.
3. Ten month employees shall receive their final checks for the following year on the last day on which their attendance is required.
C. The Board shall have the right to award a merit pay stipend, or bonus, in its discretion, to any bargaining unit member. The maximum any one individual may receive under this program shall be $1,000 per year.
DEDUCTION FROM SALARY
A. 1. The Board agrees to deduct from the salaries of its employees dues for the Upper Saddle River Education Association and its affiliates as said employees individually and voluntarily authorize the Board to deduct. Such deductions shall be made in compliance with Chapter 310, Public Laws of 1967 (N.J.S.A. 52:14-15.9e), and under rules established by the State Department of Education. Said monies, together with records of any corrections, shall be transmitted to the Treasurer of the Upper Saddle River Education Association by the 15th of each month following the monthly pay period in which deductions were made. The Association Treasurer shall disburse such monies to the appropriate association or associations. Employee authorizations shall be in writing on the appropriate form.
2. The Upper Saddle River Education Association and its affiliates shall certify to the Board, in writing, the current rate of its membership dues. Any association which shall change the rate of its membership dues shall give the Board written notice at least one month prior to the effective date of such change.
B. The Board agrees to deduct from employees' salaries money for local, state and/or national association services and programs as said employees individually and voluntarily authorize the Board to deduct, and to transmit the monies promptly to such association or associations.
C. The Association agrees to save the Board harmless from any claims raised against it as result of its obligations arising under the provisions of this Article.
A. 1. The Board shall pay the full premiums for such coverage set forth in the State Health Benefit Plan for each employee, and in cases where appropriate, for family, husband and wife, or parent and child plan coverage.
2. The Board shall pay up to the following amounts each year for an employee/family dental plan, vision care plan and a disability plan.
2002/03 contract year up to $ 250,946.00
2003/04 contract year up to $ 250,946.00
2004/05 contract year up to $ 250,946.00
Said plan shall be of the Association's choice. The amounts listed above are totals for teachers only. Support staff shall, however, receive the same benefits, except that custodians will receive a separate disability plan in lieu of the one mentioned above.
3. One half of any unused premium funds from each contract year shall be carried forward and added to the next year’s available funds. The remaining half will be applied by the Board of Education to pay for dependent health insurance.
4. The Board shall keep such coverage in effect and pay the premiums therefor for a full twelve (12) month period, except as follows:
a. If an employee resigns or is otherwise terminated at a time other than at the end of the contract year, coverage will be terminated at the end of the month following the month of termination.
b. The Board shall not be required to keep such coverage in force for any employee on an extended leave of absence, but any such employee may elect to reimburse the Board for its costs and thereby keep such coverage in force.
c. The Board shall provide to each employee a description of the health care insurance coverage provided under this Article, which shall include a clear description of conditions and limits of coverage as listed above, provided that such a description of coverage can be obtained from the carrier or carriers.
B. Stipend: In lieu of the free-standing prescription plan previously provided in the collective bargaining agreement, the Board shall provide to each bargaining unit member, a stipend in the amount of $1200 per year, to be paid on or about
December 1st and June 1st (in two equal payments). The stipend shall be appropriately referred to as a payment in-lieu of free-standing prescription coverage. The Board and the Association specifically agree that this payment shall be made on an annual basis during the three years of this agreement only, and will cease being made on June 30, 2005. The amount of the stipend shall be prorated annually for bargaining unit members who are employed for less than a full year and is only provided to those bargaining unit members who would have been entitled to the prescription plan. The parties agree and understand that this payment is not salary, and will not be added to salary for pension or any other purpose. The Association agrees that it will not file any grievance, any action in any court or any action before any administrative agency for either continuance of the stipend beyond the three years of this agreement or a declaration that the stipend is salary for any purpose, or for the continuance of the previously provided prescription plan beyond June 30, 2002, nor will it support any such action(s) on behalf of any of its member.
A. 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.
B. Any individual contract between the Board and an individual employee, heretofore or hereafter executed, shall be subject to and consistent with the terms and conditions of this Agreement. If an individual contract contains any language inconsistent with this Agreement, this Agreement, during its duration shall be controlling.
C. The Board and the Association agree that there shall be no discrimination in the hiring, training, assignment, promotion, transfer or discipline of employees, or in the application or administration of this Agreement on the basis of race, creed, color, religion, national origin, sex, domicile, or marital status.
D. After the agreement is signed, a copy of said agreement will be given to all employees employed by the Board during the term of this Agreement. Any employee being considered for employment may inspect a copy of the Agreement.
E. Whenever any notice is required to be given by either of the parties to this Agreement to the other, pursuant to the provision(s) of this Agreement, either party shall do so by telegram or Mailgram or registered letter at the following addresses:
1. If by the Association, to the Board at 395 West Saddle River Road, Upper Saddle River, New Jersey 07458.
2. If by the Board, to the Association at 395 West Saddle River Road, Upper Saddle River, New Jersey 07458.
F. Copies of approved Board Policy shall be placed in each general office, library and faculty room, and with grade or department chairmen and the Upper Saddle River Education Association.
DURATION OF AGREEMENT
This Agreement shall be effective as of July 1, 2002 and shall continue in effect until June 30, 2005, subject to the Association's right to negotiate over a successor agreement as provided in Article II. This Agreement shall not be extended orally, and it is expressly understood that it shall expire on the date indicated.
NO STRIKE, NO SANCTIONS
The Association agrees to refrain from strikes, work stoppages, boycotts, sanctions and other concerted action against the Board or the District for the term of this Agreement.
II. PROVISIONS APPLICABLE TO TEACHERS ONLY
A. The rights of each and every teacher in the unit herein recognized are protected pursuant to the terms, conditions and application of Public Law, 1974, Chapter 123.
B. 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 where these rights shall be enforced exclusively by the appropriate statutory procedure. The rights granted to teachers hereunder shall be deemed to be in addition to those provided elsewhere.
All non-tenure teachers not to be re-employed will be notified in writing by the Superintendent at the time staff appointments are being made.
A non-tenure teacher who is not to be recommended for reappointment will be notified in writing by his immediate superior by May 1.
Nothing in this Agreement shall be construed to limit the absolute right of the Board to decline to employ or to reemploy any non-tenure teacher for any reason whatever or for no reason at all except as such power is explicitly now or hereafter limited by law.
D. Whenever any teacher is required to appear before the Board or any committee or member thereof concerning any matter which could adversely affect the continuation of that teacher in his office, position or employment or the salary or any increments pertaining thereto, then he shall be given prior written notice by the Board or its designee of the reasons for such meeting or interview, and shall be entitled to have a representative of the Association present to advise him and represent him during such meeting or interview.
E. No teacher shall be prevented from wearing reasonable pins or other reasonable identification of membership in the Association or its affiliates.
TEACHING HOURS AND TEACHING LOAD
A. The weekly teaching load, meaning scheduled contact with classes or groups of children for instructional or classroom supervisory purposes, shall not exceed twenty-six and three fourths (26¾) hours per week.
B. All teachers shall have a daily duty-free lunch period of at least forty (40) minutes.
C. Teachers may leave the building without requesting permission during their scheduled duty-free lunch periods, provided they check out and check in at the office.
D. 1. Ordinarily, teachers will not be required to attend building or general faculty meetings during a week when a required in-service program is scheduled. Ordinarily, Mondays will be reserved for these meetings and in-service training programs.
2. Every effort will be made to terminate general faculty meetings by 4:00 p.m. If, however, a need arises for a special meeting extending beyond 4:00 p.m., or for one which must take place on a day other than a Monday, teachers will be notified in advance.
3. Teachers may be required to attend in-school meetings from student dismissal time until normal teachers' dismissal time on any school day.
E. Each teacher is required to report for duty ten (10) minutes before the opening of the pupil's school day, and shall be permitted to leave thirty (30) minutes after the close of the school complex.
F. Each teacher shall continue to be available to meet with parents regarding student problems. Said meetings shall be mutually scheduled by the individual parents and teachers involved, and if necessary may be at other than normal school hours, including evenings. Beginning in 1997-98, the Board shall be allowed to schedule two (2) evenings in each school year for conducting parent-teacher conferences during the hours of six (6:00) p.m. to nine (9:00) p.m. without granting any early dismissal or release time or additional pay.
G. Teachers shall assist in supervision of official school activities during the course of the school year, providing said assignments are reasonable and equitably distributed.
H. Notwithstanding paragraph E, upon mutual agreement of an individual staff member and the Administration, flexible work schedules may be arranged on an annual basis, or, if agreed, for a shorter duration.
A. Teachers will be given written notice of class or subject assignment as soon as possible. They will be notified as soon as possible of any change of such assignments. A reasonable effort will be made to avoid such changes after August 1st. Teachers' requests for changes after August 1st need not be accepted.
B. Teachers who may be required to use their own automobiles in the performance of their duties outside the school complex shall be reimbursed for all such travel at the I.R.S. approved rate then in effect.
C. If a teacher is notified of a change in room assignment after June 30th which results in the teacher volunteering to come in over the Summer in order to accommodate the move, the teacher will be reimbursed at his/her daily rate for a maximum of one (1) day’s pay.
TEACHER ASSESSMENT AND INSTRUCTIONAL IMPROVEMENT
A. General Procedures
All teachers shall be evaluated in accordance with the procedure specified herein at least once each contract year. Evaluation shall be conducted for the main purpose of identifying and communicating to the teacher any deficiencies and extending assistance for their correction and improving instruction.
2. Open Evaluation
All monitoring or observation of the work performance of a teacher shall be conducted openly and with full knowledge of the teacher. The use of eavesdropping, public address, cameras, audio systems, and similar surveillance devices shall be strictly prohibited.
Teachers shall be evaluated in accordance with the procedure specified herein only by persons certified by the New Jersey State Board of examiners to supervise instruction.
Formal, written evaluation reports shall be prepared and signed by the evaluator in accordance with the procedure specified herein. A teacher will be given a copy of said report at least one day before any conference to discuss same. No such report shall be submitted to the central office file or placed in the teacher's file or otherwise acted upon without a prior conference with the teacher. No teacher shall be required to sign a blank or incomplete evaluation form. A teacher shall sign the original of his or her completed form when requested to do so, regardless of contents, in order to specify compliance with the procedure of this article. Said signature does not signify agreement with the contents of the report. A space will be provided on the evaluation report for the teacher's comments on the evaluation.
B. Evaluation Procedure
1. Reports - Preparation
Evaluation reports shall be prepared by the evaluator and issued in his (her) name. The evaluator shall either be the immediate superior of the teacher involved or anyone else qualified to accomplish the evaluation who is in the direct chain of supervision of said teacher up through the Superintendent of Schools.
Such reports, though issued in the name of the evaluator, may contain a compilation of reports and observations based upon any or all supervisory personnel who come into contact with the teacher in a supervisory capacity. An overall unsatisfactory evaluation can only be established by an Assistant Principal, Principal or the Superintendent. Since evaluations are meant to be aids to teacher improvement, the evaluation reports shall be addressed to the teacher and shall be cast in as clear a manner as possible, including narratives where appropriate to the attainment of this goal.
A copy of an evaluation report shall be delivered to the teacher at least one day prior to a conference on same. Conferences shall be scheduled for each such evaluation and shall be conducted by the evaluator and the teacher in the presence (whenever possible) of the teacher's immediate supervisor. Except in circumstances beyond the evaluator's control, the conference shall take place within ten (10) working days of said evaluation.
Effort will be made to communicate fully at the conference, since it is the main instrument for establishing self-improvement goals to be sought by the teacher.
C. Non-Tenure Teacher
Non-tenure teachers shall be evaluated in accordance with A and B above at least three (3) times in each school year.
D. Disposition of Evaluations
All evaluation reports shall become part of the teacher's personnel file following the conference.
E. Termination of Employment
Final evaluation of a teacher upon employment termination shall be conducted prior to severance and no evaluations or related material shall be placed in the personnel file of such teacher after severance, except in accordance with the procedure of this article.
F. Complaints regarding a teacher made to any member of the administration by any parent, student, board member, or other person, shall be communicated to the teacher involved where appropriate. A decision not to communicate such a complaint to the teacher involved shall not be grievable.
A. Each school shall have the following facilities:
1. Space in each classroom in which teachers may store instructional materials and supplies, where practicable.
2. A teacher work area, where practicable.
3. A private pay telephone in each faculty lounge for the exclusive use of teachers, provided that the Association bear responsibility for its installation and it can be installed and maintained at no expense to the Board.
4. A serviceable desk, chair and filing cabinet for the exclusive use of each teacher, where practicable.
5. Well-lighted and clean teacher rest rooms, separate for each sex, and separate from the students' rest rooms.
6. Free and adequate off-street paved parking facilities properly maintained and identified for staff use.
7. Copy machine, typewriter, and paper cutter, in each building.
8. A furnished room in each school for the use of staff as a lounge.
B. Upon request the Board may provide smocks for Art Teachers, lab coats for Laboratory Science Teachers, and shop coats for Industrial Arts Teachers. It shall be the responsibility of the teachers receiving smocks or coats to maintain them properly since they remain the property of the school district.
ACCUMULATED SICK DAYS UPON RETIREMENT
Upon retirement from the Upper Saddle River School District, full-time/part-time professional staff members shall be entitled to payment on account of accumulated sick days pursuant to provisions hereinafter set forth.
Full-time/part-time teachers who have been continually employed for a minimum of ten (10) academic years in the District and who are eligible for and have applied for regular or disability retirement benefits under the Teachers' Pension and Annuity Fund, shall be eligible to participate in the payment plan.
To qualify for payment upon retirement, the full-time/part-time teacher must give written notice of retirement no less than six (6) months in advance of the anticipated retirement date and in no event later than January 1st preceding retirement. Payment by the Board shall commence during the month of July after notice. Notice given after January 1st will result in deferral of payment for one year.
a. Upon retirement from the District, full-time/part-time teachers who meet the eligibility criteria, shall be entitled to payment of accumulated sick days pursuant to the following schedules:
Full Years of Service
10-18 yrs. $ 75.00 per diem
19-27 yrs. $ 85.00 per diem
28 or more yrs. $ 95.00 per diem
Maximum No. of Days - 180 days
b. Subject to notice compliance and at the option of the full-time/part-time teacher, payment shall be made:
1. In a lump sum during July following the academic year of retirement.
2. In a lump sum during January following the academic year of retirement.
3. In any other schedule which may be mutually agreed upon by the member and the Board, due regard being given budgetary consideration.
C. The Upper Saddle River District's maximum financial liability under this provision for each of the following school years shall be limited to $21,723 per year.
D. If a teacher covered under this Contract dies while employed by the District and has been employed for a minimum of 10 years by the Upper Saddle River District, his estate shall be paid the amount he would have received had he been eligible to apply for retirement.
1. If a full-time/part-time teacher, who would otherwise qualify for this benefit by virtue of time in service, is terminated due to a reduction in force or abolishment of position, that staff member shall be entitled to payment of this benefit whether or not he/she is eligible for retirement under T.P.A.F. However, if benefits are paid and the member later reinstated, all accumulated sick days for which payment was made under the schedule above will be deemed forfeited. The member shall not be permitted to "repurchase" or "reacquire" credit for those days.
2. A full-time/part-time teacher, who is dismissed for cause through tenure proceedings or other disciplinary action, shall forfeit any right to payment under this Article.
A. The Board and Association acknowledge that a teacher's primary responsibility is to teach and that his energies should, to the extent possible, be utilized to this end. Therefore, as a general principle, the Board recognizes the desirability of relieving teachers of non-teaching assignments to the extent feasible.
B. The Board agrees that it will not require teachers to perform general custodial functions.
C. The Board agrees that supervision of cafeterias may be assigned to teachers on a rotating basis if qualified volunteers are not available.
D. Teachers shall not be required to use their own automobiles to drive students to activities which take place away from the school building. A teacher may do so voluntarily, however, with the advance approval in writing of his Principal or immediate supervisor. He shall be compensated at the I.R.S. approved rate then in effect per-mile for the use of his own automobile.
It is desirable for each teacher to have an uninterrupted preparation period each day. The practice of using a regular teacher as a substitute, thereby depriving him of his preparation period, is undesirable and shall be discouraged. In those cases where regular substitutes are not available, regular teachers may be assigned as substitutes provided that such assignments are on a rotating basis. The necessity for so using regular teachers as substitutes shall not be grievable.
All teachers in the system shall be allowed sick leave with full pay, in accordance with N.J.S.A. 18A:30-1, et. seq., for ten (10) school days in any school year.
In addition to the ten (10) cumulative sick leave days, teachers shall be allowed two (2) non-cumulative sick leave days, which shall be used only after use of the ten (10) cumulative sick days available in the current year.
Any teacher who must undergo surgery, or is afflicted with a long-term illness, regardless of total number of sick leave days, shall notify the administration so that a proper substitute, or sick leave, or a leave of absence can be arranged.
TEMPORARY LEAVE OF ABSENCE -
The following absence and pay deduction policy shall apply to teachers:
1. Family Illness
Serious illness in immediate family, three (3) days absence per year without loss of pay. Immediate family consists of husband, wife, son, daughter, mother, father, sister, brother, and all corresponding in-laws, or any other member of the household in which the teacher lives.
Death in the immediate family, limit five (5) days' absence within the five-day period immediately following the day of death without loss of pay. Immediate family for purposes of this section includes employees’ spouse, child, son-in-law, daughter-in-law, parent, father-in-law, mother-in-law, brother, sister, brother-in-law, sister-in-law, grandparents and any other member of their immediate household.
No deduction in pay.
4. Court Subpoena
a. One (1) day limit except on school business, in which event no deduction in pay.
b. Beyond one (1) day limit except on school business, deduction of one-half (½) pay or the substitute teacher's pay, whichever is less. However, in cases where subpoena is due to teacher's own negligence, or personal familial problems, he will forfeit a full day's pay (1/190th of salary).
5. Personal Business
a. At the discretion of the Superintendent of Schools and upon his approval which shall not be arbitrarily withheld an employee may be granted two (2) non-cumulative days without deduction in pay for personal business. Where possible, this must be granted in writing prior to the absence of the day. (It is understood that this personal day is to be used for emergencies of a personal nature. It is not to be interpreted as a day for personal pleasure but as a day for personal business.)"
b. The nature of personal business need not be stated.
c. The request for a personal day must be filed on the proper form and must have Superintendent's approval. Application for said personal days should normally be filed prior to the date of intended absence.
d. Personal business days will not normally be granted on days immediately preceding or immediately following scheduled holidays or vacation. Requests for such days at such times must be more information than usual requests - - including the reason therefor. If the Superintendent agrees to the emergency nature of the request, then he will grant same. Personal business days also will not be granted at a time when the teacher's absence may seriously hinder the overall operation of the school, e.g., opening day, closing day, examination day, or report card day.
e. Teachers requesting leave of absence for marriage may use the personal days defined in section 5A hereof or may be granted leave without pay. Superintendent's advance approval will be required.
6. Inclement Weather
a. When schools are open for pupils in inclement weather, staff members will report to their assignments.
b. Deduction for any absence shall be at the discretion of the Superintendent of Schools. If in his judgment an emergency situation was in existence the day's absence may be counted as a personal day with no deduction in pay; otherwise there shall be a full deduction of pay for such absence.
7. Professional Visitation
Upon approval of the Superintendent of Schools, an employee may be granted two (2) days for the purpose of professional visitation.
A leave of absence of reasons other than those set forth above may be given at the discretion of the Board.
EXTENDED LEAVES OF ABSENCE - TENURED TEACHERS
A. The Board agrees that up to two (2) tenured teachers designated by the Association shall, upon request, be granted a leave of absence without pay for one (1) or two (2) school year(s) for the purpose of engaging in activities of the Association or its affiliates. Teachers intending to return from such a leave must furnish written confirmation that the leave was used for the purpose granted and must return to the Board their signed contracts or salary statements, to indicate their intent to return, within thirty (30) days after same are received from the Board by Certified Mail.
B. A leave of absence without pay of one (1) or two (2) school years shall be granted to any tenured teacher who joins the Peace Corps, VISTA, National Teacher Corps, or serves as an exchange teacher or overseas teacher, and is a full-time participant in either of such programs, or accepts a Fulbright Scholarship. Not more than two (2) teachers shall be absent on such a leave at any one time. Teachers intending to return from such a leave must furnish their address and written confirmation that the leave was used for the purpose granted and must return to the Board their signed contracts or salary statements, to indicate their intent to return, within thirty (30) days after same are received from the Board by Certified Mail.
C. A teacher on tenure shall be granted a leave of absence without pay for up to one (1) or two (2) school years to teach in an accredited college or university. Teachers intending to return from such a leave must furnish written confirmation that the leave was used for the purpose granted and must return to the Board their signed contracts or salary statements, to indicate their intent to return, within thirty (30) days after same are received from the Board by Certified Mail.
D. Military leave without pay shall be granted to any teacher who is inducted or enlists in any branch of the armed forces of the United States for the period of said induction or initial enlistment.
E. 1. A teacher shall notify the Superintendent of her pregnancy as soon as possible. Such teachers may request a maternity leave without pay and said leave shall be granted.
2. The maternity leave shall terminate on the next succeeding August 31 or the following August 31 depending upon which is requested by the teacher in E1 immediately above.
3. The teacher may work with the Superintendent to define an earlier or later leaving date and with the approval of the Board an earlier or later return date than provided by E2 (above). Any teacher taking a maternity leave prior to January 1 of the contract year must inform the Board of their intentions to return by April 1 of the contract year. Any teacher taking a maternity leave after January 1 of the contract year must inform the Board of their intention to return by July 1 of the contract year. It will be the responsibility of the Board to inform in writing by registered mail those people on maternity leave 1 month prior to their reply deadline.
4. Any tenured teacher adopting an infant child may receive similar leave, which shall commence upon the teacher receiving de facto custody of said infant, or earlier if necessary to fulfill the requirements for the adoption.
F. A leave of absence without pay shall be granted to any teacher who requires the leave to care for a sick member of his/her immediate family. The leave shall commence as soon as necessary and shall be for the remainder of the school year. The extension of the leave for another full school year may be granted upon request of the teacher. Leaves for this purpose for other than a full school year shall be granted only at the discretion of the Board.
G. Other leaves of absence without pay may be granted by the Board for good reason and if deemed appropriate the Board may subsidize same in whole or in part.
H. 1. Upon return from leave granted pursuant to Sections B or D of this Article, a teacher shall be considered as if he were actively employed by the Board during the leave and shall be placed on the salary schedule at the level he would have achieved if he had not been absent, provided that time spent on said leaves shall not count toward the fulfillment of the time requirements for acquiring tenure. A teacher shall not receive increment credit for time spent on a leave granted pursuant to Sections A, C, E, F, or G of this Article, nor shall such time count toward the fulfillment of the time requirements for acquiring tenure. Increment credit for time on leave under Section D shall be limited to four (4) years.
2. All benefits to which a teacher was entitled at the time his leave of absence commenced, including unused accumulated sick leave, shall be restored to him upon his return, and he shall be assigned to the same position which he held at the time said leave commenced, or, to a substantially equivalent position.
I. All extensions or renewals of leaves shall be in writing, as shall requests or applications therefor.
PROTECTION OF TEACHERS,
STUDENTS AND PROPERTY
A. Teachers shall not be required to work under unsafe or hazardous conditions or to perform tasks which endanger their health or safety.
B. A teacher may, within the scope of his employment, use and apply such amounts of force as is reasonable and necessary:
1. To quell a disturbance threatening physical injury to others;
2. To obtain possession of weapons or other dangerous objects upon the person or within the control of a pupil;
3. For the purpose of self-defense; and
4. For the protection of persons or property.
C. Whenever any action is brought against a teacher before the Board or before the Commissioner of Education of the State of New Jersey which may affect his employment or salary status, the Board of Education shall reimburse him for the reasonable cost of his defense if the action is dismissed or results in a final decision in favor of the teacher.
D. 1. The Board shall give full support to the teacher, including legal and other assistance, in the event of any assault upon the teacher while acting in the discharge of his duties, provided the teacher is without fault.
2. When absence arises out of or from such assault or injury not the fault of the teacher, the teacher shall not forfeit any sick leave or personal leave.
E. 1. Teachers shall immediately report cases of assault suffered by them in connection with their employment to their Principal or other immediate superior.
2. Such notification shall be immediately forwarded to the Superintendent, who shall comply with any reasonable request from the teacher for information in the possession of the Superintendent relating to the incident or the persons involved.
If criminal or civil proceedings are brought against a teacher alleging that he committed an assault in connection with his employment, such teacher may request the Board to furnish legal counsel to defend him in such proceeding. If the Board does not provide such counsel and the teacher prevails in the proceeding, then the Board shall reimburse the teacher for reasonable counsel fees incurred by him in his own defense. The Board shall reimburse teachers for any loss, damage or destruction of clothing or personal property of the teacher while on duty in the school, on the school premises, or on a school-sponsored activity, but only to the extent that presently carried insurance covers such losses.
WITHHOLDING OF INCREMENTS
A. The annual advancement in salary shown in Schedules A through C shall be designated the "increment" for the purposes of this contract. The increment may be withheld for inefficiency or other just cause by a majority vote of the members of the Board of Education, given that the following procedure is applied:
1. The individual for whom a recommendation is made to withhold increment in the next contract year will be notified in writing of said recommendation and rationale at the earliest possible date.
2. Once the recommendation has been forwarded to the teacher, said teacher may request to the Superintendent, within 10 school days and in writing, the establishment of a date when a meeting would be held with the Superintendent to discuss said recommendation. Failure in this regard shall be grievable.
3. Whenever the Superintendent does forward a recommendation to the Board for the withholding of an increment, the teacher shall be given a copy of such a recommendation.
4. Following such recommendation by the Superintendent, arrangement shall be made to afford said teacher a reasonable opportunity to speak in his own defense before the Board. In order to have such an opportunity, said teacher must within 10 school days after receipt of the written notice from the Superintendent, request in writing such a meeting with the Board. The meeting between said teacher and the Board shall not constitute a plenary hearing.
5. The Board shall be given a reasonable opportunity, following said meeting, to deliberate. Should the resultant action of the Board be to withhold the increment, the Board shall, within ten school days, give written notice stating said action, together with the reason thereof, to the teacher concerned.
6. An increment which is withheld for a disciplinary reason shall be subject to the grievance procedure, up to and including binding arbitration.
TEACHER EMPLOYMENT AND RE-EMPLOYMENT
A. Teachers presently employed in the District shall be notified of their contract and salary status for the ensuing year no later than May 1.
B. Unused leave days previously accumulated in the district will be restored to all returning teachers.
C. Teacher contract or salary statements shall be returned within two weeks of receipt.
MISCELLANEOUS TEACHER COMPENSATION
1. Any openings in the coaching staff shall be posted and that position shall be filled following the provision of ARTICLE 5 of this Agreement.
2. Compensation for Coaches shall be as follows:
Coaching Years 2002/03 2003/04 2004/05
1 & 2 $2,051.50 $2,051.50 $2,051.50
3 $2,326.50 $2,326.50 $2,326.50
4 or more $2,777.50 $2,777.50 $2,777.50 3. The following sports shall merit paid coaching positions: soccer, boys' basketball, girls' basketball, girls' softball, wrestling, cheerleading, baseball and girls' field hockey.
B. Athletic Event
Officiating at athletic events shall be compensated at forty-five dollars ($45.00) per event.
C. School Dances
Supervision of school dances shall be compensated the same as officiating at an athletic event. Teachers supervising school dances shall temporarily be considered extensions of the school administrative staff and shall, therefore, act with authority to properly control conduct and/or attendance at same.
D. Department Heads And Grade Chairs
Compensation shall be as follows:
Years 2002/03 2003/04 2004/05
1 & 2 $2,161.50 $2,161,50 $2,161.50
3 or more $2,612.50 $2,612.50 $2,612.50
E. Teacher participation in overnight or weekend trips shall be compensated at the rate of 1/190th of the teacher's annual salary for each day so spent.
Compensation shall be as follows:
Note(*) includes Learning Disability Specialists, Social Workers, Speech Pathologists and Guidance Counselors.
Compensation shall be as follows:
2002/03 2003/04 2004/05
Yearbook Advisor $1,567.50 $1,567.50 $1,567.50
Newspaper Advisor $1,567.50 $1,567.50 $1,567.50
Magazine Advisor $1,567.50 $1,567.50 $1,567.50
8th Grade Advisor $1,402.50 $1,402.50 $1,402.50
Student Council $1,402.50 $1,402.50 $1,402.50
Music Advisor $1,540.00 $1,540.00 $1,540.00
School Store $ 852.50 $ 852.50 $ 852.50
H. Lunch Duty
Compensation shall be paid as follows:
2002/03 $20 Per Day worked
2003/04 $20 Per Day worked
2004/05 $20 Per Day worked
I. Teacher(s) required to make musical presentations (choral or band concerts) other than the winter and spring concerts and graduation exercises, will be compensated at the rate of fifty percent of the per diem rate of such teacher(s).
J. Teachers who perform authorized curriculum work during the summer will be paid $80.00 per diem.
1. New Staff Members
Each new teacher must submit official transcripts of all courses taken to the date of employment. The decision of credit to be recorded on the personnel card will be made at the time of hiring and no credits earned to that date may be claimed later.
2. Procedure for Approval and Creditation of Courses
a. All courses must be taken at an accredited college or university in order to be eligible for credit and or accreditation.
b. All courses must be approved by submitting the approval form to the Office of the Superintendent prior to registration for the course.
c. The original of the approval form will be filed with the teacher's record and a copy returned to the staff member within two weeks of submission.
d. An official college grade report must be received in the Office of the Superintendent within two months after the course is concluded. Transcripts must be submitted when the teacher is preparing for a lateral guide move.
e. In order to be sure that money be available, it is the obligation of each staff member to make known in writing to the Office of the Superintendent during the month of October his anticipated completion of sufficient courses to qualify for the next level on the salary guide or tuition reimbursement.
Since the Office of the Superintendent needs this information for budgetary purposes, such letters must be in the Superintendent's Office in October for salary changes to be made in September of the year for which the budget is being prepared.
The Superintendent's Office will send a reminder notice to this effect to each school by October 15.
f. Within two (2) weeks of receipt of official college transcript indicating a passing grade or successful completion of approved course requirements, a Tuition Reimbursement Form shall be filed with the Building Principal.
g. Any teacher in his first year of service in the Upper Saddle River School system is not eligible for tuition reimbursement until his contract is renewed. Credits taken in the first year of employment will not be deducted from the credit allotment in the following budget year.
3. Approval and Credit Conditions
a. Courses within the organized program of studies of individuals who have matriculated at a college or other institution of learning will be accepted automatically provided the total program for study has been accepted by the Office of the Superintendent as being suitable to the individual's assignment on the Upper Saddle River staff or general professional future.
b. Graduate courses taken before the M.A. degree is obtained and which are not used for attainment of the M.A. degree may be applied toward the M.A. +30 level, upon approval by the Office of the Superintendent.
c. If not part of an approved, organized, program of study, courses beyond the bachelor's degree must be graduate courses with these exceptions:
(1) Newly created undergraduate courses in fields of new subject matter.
(2) Courses prerequisite to graduate courses in fields other than the individual's major area.
d. Credits will not be given for courses needed to meet certification requirements for the teacher's initial teaching position nor shall they be subject to tuition reimbursement.
4. Individual Study
Credit will be given for an organized program of special study designed by the individual staff member with professional advice and approved by Superintendent as being pertinent to the staff member's function in the school system.
5. Amount Payable
Tuition reimbursement will be at the prevailing rate per graduate credit at any New Jersey State College for a maximum of nine (9) credits per individual in any fiscal year or an amount up to Thirteen hundred fifty ($1,350) dollars maximum in any fiscal year for reimbursable credits earned at other institutions. Reimbursement will be made upon presentation of a transcript to the Board of Education and approval by the Superintendent. Teachers not returning to the system will not be reimbursed for courses taken during the summer.
IN-SCHOOL WORK YEAR
A. The in-school work year of teachers employed on a ten (10) month basis (other than new personnel who may be required to attend an additional one (1) day of orientation) shall not exceed one hundred ninety (190) days, all of which shall be scheduled between September 1 and June 30 of the year. The in-school work year shall include days when pupils are in attendance, orientation days, and any other days on which teacher attendance is required. B. The Administration and Board recognize it as administratively desirable that all teachers be notified in writing of their required days of attendance for the coming year by June 1 of the current year and in good faith will attempt to provide same.
MANAGEMENT PREROGATIVE AND MAINTENANCE OF
CONDITIONS PERTAINING TO TEACHERS
A. Management Prerogative: It is recognized that the Board has the duty by law to provide for the maintenance and support within the District of a thorough and efficient system of Free Public Schools. It is recognized that the Board has and will continue to retain, whether exercised or not, the exclusive right, responsibility and prerogative to direct the operation of the Public Schools in the District in all aspects, provided only that such prerogatives shall not be exercised in a manner inconsistent with or in violation of law or of any of the specific terms and provisions of this Agreement. The failure to exercise any of the foregoing rights, or any other management rights, shall not be deemed to be a waiver thereof.
B. Maintenance of Conditions: Except as in this Agreement otherwise provided, all terms and conditions of employment applicable on the effective date of this Agreement to teachers covered by this Agreement, as established by the rules, regulations and/or policies of the Board in force on such date, shall be continued to be so applicable during the term of this Agreement.
III. PROVISIONS APPLICABLE TO SECRETARIES ONLY
SECRETARIES WORK SCHEDULES
A. SECRETARIES - 12 Month
Daily Work Hours - 8 A.M. to 3:30 P.M. with one-hour lunch period.
B. PAYROLL CLERKS - 12 Month
Daily Work Hours - 8:30 A.M. to 4 P.M. with one-hour lunch period.
C. BOOKKEEPERS - 12 Month
Daily Work Hours - 8:30 A.M. to 4 P.M. with one-hour lunch period.
D. CLERICAL TEACHER AIDES - ten months at 7.5 hours/day, with one-hour lunch period.
E. LIBRARY CLERKS - ten months at 7.5 hours/day, with one-hour lunch period.
F. RECEPTIONIST - 12 Month
Daily Work Hours - 8:00 A.M. to 3:30 P.M. with one-hour lunch.
G. SUMMER HOURS
1. BOARD OFFICE - Subject to the approval of the Superintendent, secretaries employed in the Board office shall have the option of working five (5) consecutive hours with no break for lunch during the "Summer", which is defined as July 1st through August 31st. For example, a secretary may work from 8:00 a.m. to 1:00 p.m., with no lunch break, or from 9:00 a.m. to 2:00 p.m., with no lunch break, or any other schedule comprised of five consecutive hours, so long as adequate coverage of the office is maintained, in the discretion of the Superintendent. Employees who volunteer to work said schedules shall not be entitled to additional remuneration as outlined below, unless they are required by the Superintendent to work prior to or after their scheduled hours. Such employees required to work before nine (9:00) a.m. or after three (3:00) p.m. between the day after the schools are closed and June 30th and between September 1st and the opening of schools shall be paid their hourly rate for such hours on those days.
2. BUILDING EMPLOYEES - Employees shall work Summer Hours (9 A.M. - 3 P.M.) with one-hour lunch period from the day after the teachers leave in June until the day teachers return in September.
SECRETARIES' PAID VACATIONS
A. Ten non-cumulative working days' vacation shall be granted in a given year to an employee who has worked from one to 4 years prior to the year in question; 15 non-cumulative working days for 5 through 8 years of service;: 20 non-cumulative working days for 9 years of service or more.
B. Anyone hired by September 1st and remaining after June 30th will be entitled to 10 working days vacation in the subsequent year of employment. Anyone hired by February 1st and remaining after June 30th will be entitled to 5 working days vacation in the subsequent year of employment. All vacations will be scheduled at the convenience of the school system and the approval of the Superintendent or the Board Secretary, as appropriate.
C. Vacation days must be taken in the year subsequent to that in which they have been accrued and are not cumulative.
A. 1. The following days are granted with pay:
1 day - Christmas Day 1 day - New Year's Day
1 day - Independence Day 1 day - President's Day
1 day - Labor Day ** 1 day - Martin Luther King Day
** 1 day - Columbus Day 1 day - Good Friday
* 2 days - NJEA Convention *** 1 day - Rosh Hashanah/Yom
2 days - Thanksgiving Kippur
(Thanksgiving Day and
the day after)
* NJEA Convention - The Board of Education agrees that secretaries shall be entitled to two days for the NJEA Convention. (18A:31-2)
** Provided schools are closed
*** If 2 Jewish Holidays are used, Columbus Day will be excluded.
2. In the event the Student Calendar is changed to incorporate any of the above listed holidays, it is hereby agreed that the "secretaries" will report for work on those days.
3. It is understood that if any holiday falls on a day when schools are open for students or staff, each secretary will be granted an alternate day off, to be taken as mutually scheduled by the school district and the secretary.
B. BUILDING EMPLOYEES shall work the School Calendar with regard to Christmas, Mid-Winter, and Spring recesses.
C. 1. BOARD OFFICE EMPLOYEES shall cover the three recess periods; such days shall be equitably divided. The hours are 9 A.M. to 3 P.M. with one hour lunch period.
2. Any Board Office Employee who works in the Board Office when the schools are closed i.e. Christmas, Winter, and Spring Recesses, will be reimbursed for this time through the Voucher System*.
* The designated employee will be compensated by receiving one day’s pay for each day worked at the employee's individual pay scale based on existing method for per diem pay.
3. If there are no other employees on the school premises during the entire period of time the Board Office is to be open, the office will remain closed. Board Office employees will be advised prior to each recess which employee/employees will be working.
SECRETARIES' SICK LEAVE
A. Accumulative All employees shall be entitled to ten (10) [for 10 month employees] or twelve (12) [for 12 month employees] sick days each school year as of the first official day of said school year, whether or not they report for duty on that day. Unused sick leave days shall be accumulated from year to year with no maximum limit.
1. All persons steadily employed by this district, whether tenured or non-tenured, full or part time, shall be eligible for sick leave pay those days when such employee is absent from work for reasons of personal disability.
2. A sick leave absence shall commence when the employee calls in to report absence.
C. Payment for Unused Sick Leave Upon Retirement
Upon retirement from service under the rules of PERS, Secretaries with at least 10 years of service in the Upper Saddle River School System will be reimbursed for accumulated sick leave days at the rate of $55.00 per day to a maximum total payment of $6,750.00. A Cap of $6,750 per year has been established for this by the Board.
Records - The personnel records of this District shall show the attendance of each employee, and such days as that employee may be absent shall be recorded with the reason for such absence noted. A record shall be made of the unused sick leave days accumulated by the employee, and employees shall be given a written accounting of accumulated sick leave days in September and June of each year.
SECRETARIES' TEMPORARY LEAVES OF ABSENCE
A. Family Illness
Serious illness in immediate family, three (3) days absence without loss of pay in any given year. Exception may be granted with the approval of the Board. Immediate family consists of husband, wife, son, daughter, mother, father, sister, brother, and all corresponding in-laws or any other member of the household in which employee lives.
Up to five (5) working days at any one time in the event of death of an employee's spouse, child, son-in-law, daughter-in-law, parent, father-in-law, mother-in-law, brother, sister, brother-in-law, sister-in-law, grandparents and any other member of the immediate household. Employees shall be granted up to two (2) days in the event of death of an employee's relative or friend outside the employee's immediate family as defined above.
Two (2) days leave of absence for personal, legal, business, household, or family matters which require absence during school hours. Application to the secretaries' principals or other immediate supervisor for personal leave shall be made before taking such leave.
A leave of absence for reasons other than those set forth above may be given only at the discretion of the Board.
Seniority - Should any job position be eliminated, employees will be released only by least senior employee in the general job category.
A. Nothing contained herein shall be construed to deny or restrict to any secretary such rights as he may have under New Jersey School Laws or other applicable laws and regulations where these rights shall be enforced exclusively by the appropriate statutory procedure. The rights granted to secretaries hereunder shall be deemed to be in addition to those provided elsewhere.
B. No secretary shall be prevented from wearing reasonable pins or other reasonable identification of membership in the Association or its affiliates.
SECRETARIES’ COURSE REIMBURSEMENT
Should the Board, with the Superintendent’s approval, require any secretary to take any course, then the Board shall reimburse the secretary for its cost. All such courses must be applicable to the secretary’s position.
IV. PROVISIONS APPLICABLE TO CUSTODIANS ONLY
A. Whenever any of the below listed holidays occurs on a Saturday, it will be celebrated on the preceding Friday. Whenever any of the below listed holidays occur on a Sunday, it will be celebrated on the next Monday, except when schools are open for the students on either that Friday or Monday in which case each custodian will be granted an alternate day off at the convenience of the school district. It is understood that if any holiday falls on a day when schools are open for students or staff, each custodian will be granted an alternate day off, to be taken as mutually scheduled by the school district and the custodian.
B. The following holidays will be granted to custodians with pay:
Labor Day New Year's Day
Columbus Day Martin Luther King Day
Friday of Teachers' Annual Winter Recess-One day, either Convention Monday or Friday*
Thanksgiving Day Good Friday
Day after Thanksgiving Spring Recess-One day, either
Christmas Eve and Monday or Friday*
Christmas Day or Memorial Day
Christmas Day and July 4th
* To be selected by the employee(s) as appropriate.
A. The following vacation schedule will apply: Ten non-cumulative working days' vacation in a given year shall be granted to an employee who has previous to that year worked from one to four years; 15 non-cumulative working days for 5 through 8 years of service; 20 non-cumulative working days for 9 though 19 years of service; 23 non-cumulative working days for custodians with 20 or more year of service.
B. Anyone hired by September 1st and remaining after June 30th will be entitled to 10 working days vacation in the subsequent year. Anyone hired by February 1st and remaining after June 30th will be entitled to 5 working days vacation in the subsequent year. Vacation shall be at the convenience of the school system and with the approval of the Board Secretary. Vacation days must be taken in the year subsequent to that in which they have been accrued and are not cumulative.
A. The parties to this Agreement recognizes that the assignment of overtime is to be shared equally among the staff and assigned on a rotating basis as far as is possible.
B. When an individual is requested and reports to work and such overtime takes place on his normal day off, he will be paid for not less than four (4) hours; if such overtime takes place on a Sunday or Holiday granted by this contract, the person shall be paid at double his normal rate.
C. If a custodian is absent on a Friday, he will not be paid overtime on Saturday or Sunday, unless he has an excuse acceptable to the Administration. This shall not apply if the custodian is called in to the building by the police.
CUSTODIANS' CLOTHING ALLOWANCE
Each Custodian will be given a clothing cleaning expense allotment of $250.00 per year to be paid in two installments on December 30th and June 30th each year.
A. The following annual stipends will be paid each year for the listed positions:
Night Person $845.00
Maintenance Helper $580.00
Ass't. Grounds Keeper $580.00
Pesticide Person $290.00
Head Custodian $2,500.00 (payable in two equal payment of $1,250 on December 1 and June 1)
Night Person $845.00
Maintenance Helper $580.00
Ass't. Grounds Keeper $580.00
Pesticide Person $290.00
Head Custodian $2,500.00 (payable in two equal payments of $1,250 on December 1 and June 1)
Night Person $845.00
Maintenance Helper $580.00
Ass't. Grounds Keeper $580.00
Pesticide Person $290.00
Head Custodian $2,500.00 (payable in two equal payments of $1,250 on December 1 and June 1)
B. All custodians are required to maintain a Black Seal License.
CUSTODIANS' PAYMENT FOR UNUSED SICK LEAVE
A. Upon retirement from service under the rules of PERS, Custodians with at least 10 years of service in the Upper Saddle River School System will be reimbursed for accumulated sick leave days at the rate of $50.00 per day to a maximum total payment of $6,000.00. A cap of $6,000 per year has been established for this by the Board.
B. Records - The personnel records of this District shall show the attendance of each employee, and such days as that employee may be absent shall be recorded with the reason for such absence noted. A record shall be made of the unused sick leave days accumulated by the employee, and employees shall be given a written accounting of accumulated sick leave days in September and June of each year.
A. Nothing contained herein shall be construed to deny or restrict to any Custodian such rights as he may have under New Jersey School Laws or other applicable laws and regulations where these rights shall be enforced exclusively by the appropriate statutory procedure. The rights granted to Custodians hereunder shall be deemed to be in addition to those provided elsewhere.
B. No Custodian shall be prevented from wearing reasonable pins or other reasonable identification of membership in the Association or its affiliates.
CUSTODIANS' COURSE REIMBURSEMENT
Should the Board require any custodian to take any course, then the Board shall reimburse him for its cost.
CUSTODIAN'S DISABILITY INSURANCE
The Board, for the duration of this Contract, will contribute up to $183 per employee, per year, towards the premium of a disability insurance policy. It is understood that this amount represents the current disability premium. Should there be any additional increase during the second or third year of the Agreement, the Board will pay up to an additional $13.00 annually.
TEACHERS SALARIES 2002/03
B.A. +30 B.A. +60
STEP B.A. M.A. M.A. +30
1. $39,300 $40,400 $43,200
2. $40,200 $41,500 $44,400
3. $41,000 $42,450 $45,400
4. $41,600 $43,400 $46,400
5. $42,700 $44,200 $47,500
6. $43,200 $45,200 $48,500
7. $43,700 $45,700 $49,400
8. $44,500 $47,000 $50,500
9. $45,900 $48,000 $51,400
10. $47,200 $50,500 $53,100
11. $48,950 $52,500 $55,750
12. $51,500 $54,500 $59,500
13. $55,400 $58,800 $62,500
14. $59,800 $63,400 $66,000
15. $60,900 $65,000 $68,100
16. $65,875 $68,600 $73,200
17. $70,820 $74,450 $78,050
LONGEVITY (YEARS OF SERVICE COMPLETED)
|30 + Yrs.|
Each staff member who earns a Doctorate Degree from an accredited university or college will receive an additional $1000 stipend in the school year following the school year in which the degree is awarded. All stipends are additive to the guide and will be pro- rated for part time staff. Any employee covered by this contract qualifying for a longevity stipend by completing the required number of years service in the District between August 31st and January 31st will receive payment effective February 1st. Any employee completing the required years of service after January 31st will receive payment beginning the following September.
TEACHERS SALARIES 2003/04
B.A.+30 B.A. +60
STEP B.A. M.A.+ M.A. +30
1. $40,000 $42,000 $44,500
2. $41,400 $42,800 $45,400
3. $42,500 $43,700 $46,678
4. $43,100 $45,625 $47,700
5. $44,175 $46,700 $48,900
6. $45,850 $47,425 $50,000
7. $46,390 $47,700 $51,000
8. $47,080 $49,000 $52,600
9. $48,900 $50,500 $53,000
10. $49,580 $52,000 $54,900
11. $51,350 $54,000 $57,000
12. $53,000 $56,000 $61,000
13. $56,500 $59,800 $65,000
14. $60,500 $64,000 $69,000
15. $62,325 $67,000 $71,000
16. $67,000 $71,000 $75,000
17. $73,000 $76,000 $80,000
LONGEVITY (YEARS OF SERVICE COMPLETED)
|30 + Yrs.|
Each staff member who earns a Doctorate Degree from an accredited university or college will receive an additional $1000 stipend in the school year following the school year in which the degree is awarded. All stipends are additive to the guide and will be pro- rated for part time staff. Any employee covered by this Contract qualifying for a longevity stipend by completing the required number of years service in the District between August 31st and January 31st will receive payment effective February 1st. Any employee completing the required years of service after January 31st will receive payment beginning the following September.
TEACHERS SALARIES 2004/05
B.A. +30 B.A. +60
STEP B.A. M.A. M.A. +30
1. $41,000 $43,000 $45,000
2. $42,000 $44,000 $46,000
3. $44,000 $46,000 $48,000
4. $45,000 $47,000 $49,000
5. $46,000 $48,000 $50,000
6. $47,000 $49,000 $51,000
7. $48,000 $50,000 $52,000
8. $49,000 $51,000 $53,000
9. $50,000 $52,000 $54,000
10. $52,000 $54,000 $56,000
11. $53,000 $55,000 $58,000
12. $55,000 $57,000 $62,000
13. $58,000 $61,000 $66,000
14. $61,000 $65,000 $69,500
15. $64,000 $69,000 $73,500
16. $69,000 $74,000 $75,500
17. $74,800 $78,800 $82,800
LONGEVITY (YEARS OF SERVICE COMPLETED)
|30 + Yrs.|
Each staff member who earns a Doctorate Degree from an accredited university or college will receive an additional $1000 stipend in the school year following the school year in which the degree is awarded. All stipends are additive to the guide and will be pro-rated for part time staff. Any employee covered by this Contract qualifying for a longevity stipend by completing the required number of years service in the District between August 31st and January 31st will receive payment effective February 1st. Any employee completing the required years of service after January 31st will receive payment beginning the following September.
SECRETARIES' SALARIES 2002/03-2004/05*
STEP 2002/03 2003/04 2004/05
1. $26,620 $27,515 $28,814
2. $27,195 $28,090 $29,389
3. $27,770 $28,665 $29,964
4. $28,320 $29,215 $30,514
5. $28,895 $29,790 $31,089
6. $29,495 $30,390 $31,685
7. $30,245 $31,140 $32,438
8. $30,945 $31,840 $33,139
9. $31,645 $32,540 $33,839
10. $32,345 $33,240 $34,539
11. $33,045 $33,940 $35,239
12. $33,770 $34,665 $35,964
13. $36,516 $37,413 $38,712
* 10 Month employees' salaries shall be prorated.
Accounts Payable Clerk: $2,000 stipend annually
Payroll Clerk: $2,000 stipend annually
In addition to the salary guide amounts, each staff member who has completed the appropriate number of years of service in the district will receive payments as shown below:
|YEARS OF SERVICE|
|9 – 14 years|
|15 – 19 years|
|20 – 24 years|
|25 or more years|
The amounts listed will be pro-rated for the staff members who work less than 12 months a year and/or who work less than full time in any position.
CUSTODIAN'S SALARIES 2002/03 - 2004/05
STEP 2002/03 2003/04 2004/052
1. $30,625 $31,452 $32,557
2. $31,225 $32,052 $33,157
3. $31,575 $32,402 $33,507
4. $32,025 $32,852 $33,957
5. $32,475 $33,302 $34,407
6. $32,930 $33,757 $34,862
7. $34,415 $35,242 $36,347
8. $36,515 $37,342 $38,448
In addition to the Salary guide amounts, each staff member who has
completed the appropriate number of years of service in the district will receive payments as shown below:
|YEARS OF SERVICE|
|18 or more years|
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed by their respective Presidents, attested by their respective Secretaries, and by their corporate seals to be placed hereon, all on the day and year first written below.
Attest: UPPER SADDLE RIVER
BOARD OF EDUCATION
Attest: UPPER SADDLE RIVER