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THE WESTWOOD BUILDING AND GROUNDS ASSOCIATION
THE BOARD OF EDUCATION OF THE WESTWOOD REGIONAL SCHOOL DISTRICT
July 1, 2007—June 30, 2010
TABLE OF CONTENTS
|Deductions from Salary|
|Temporary Leave of Absence—Paid|
|Duration of Agreement|
|Schedule A: Salary Guide|
|Schedule A—1: Custodial And Maintenance Stipends|
The Board hereby recognizes the Association as the exclusive and sole representative for collective negotiations concerning terms and conditions of employment for all personnel employed or to be employed by the Board, such personnel being specifically identified as follows: custodians and maintenance workers. It is understood that the Board may hire substitute custodians, temporary help, and summer help. These aforementioned groups will not be considered part of the unit or association, and not be entitled to benefits.
Definition of Employee
Unless otherwise indicated, the term “employee”, when used hereinafter in this Agreement, shall refer to all employees represented by the Association in the negotiating unit as above defined, and references to male employees shall include female employees.
The Board agrees to negotiate with the Association over a Successor Agreement. Any agreement so negotiated shall apply to all members of the negotiating unit and shall be reduced to writing and signed by the parties.
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.
Maintenance of Benefits
Except as this Agreement shall otherwise provide, all terms and conditions of employment applicable on the signing date of this Agreement shall continue to be so applicable during the term of this Agreement.
A grievance is a claim by an employee or the Association based upon the interpretation, application, or violation of this Agreement, policies, or administrative decisions affecting an employee or a group of employees.
An “aggrieved person” is the person or persons on behalf of whom the Association is making the claim.
The purpose of this procedure is to secure, at the lowest possible level, equitable solutions to the problems which may occur from time to time affecting employees. Both parties agree that these proceedings will be kept informal through Level One and confidential throughout the procedure.
The number of days indicated at each level shall 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 in writing.
Commencing at Level Two, grievances shall be filed on the grievance form, a copy of which is attached hereto. Persons filing a grievance shall submit copies of the grievance form to the Secretary of the Board and the Officer designated by the Association (if filed by an individual employee) as well as the employee’s immediate supervisor. If filed by the Association, the form shall be filed with the Secretary of the Board, the grievant’s immediate supervisor, and a copy provided to the grievant. Completion of the grievance form in its particulars shall be required prior to proceeding to each successive step of the grievance procedure. The immediate supervisor referred to herein shall be the Director of Buildings and Grounds.
Level One — Principal or Immediate Supervisor
Within twenty-five (25) calendar days of the occurrence of an event which gives rise to a grievance, an employee shall present his grievance at Level One. An employee with a grievance shall first discuss it with his Principal or immediate supervisor, through the Associations designated representative, with the objective of resolving the matter informally. The immediate supervisor referred to herein shall be the Director of Buildings and Grounds.
ARTICLE 3 (continued)
GRIEVANCE PROCEDURE (continued)
Level Two — Superintendent
If the Association is not satisfied with the disposition of the grievance at Level One, or if no decision has been rendered within five (5) calendar days after presentation of the grievance, the Association may refer it to the Superintendent of Schools or his/her designee.
Level Three — Board of Education
If the Association is not satisfied with the disposition of the grievance at Level Two, or if no decision has been rendered within ten (10) calendar days after the grievance was delivered to the Superintendent, it may refer the grievance to the Board of Education. The Board of Education may hold a hearing with the Association’s representatives prior to rendering a decision.
If the Association is not satisfied with the disposition of the grievance at Level Three or if no decision has been rendered within fifteen (15) calendar days after the grievance was delivered to the Board, it may within ten (10) calendar days after the decision by the Board or twenty (20) calendar days after the grievance was delivered to the Board, whichever is sooner, submit its grievance to arbitration provided the subject mailer of the grievance alleges a violation of the written terms of this Agreement.
The Association may request a list of arbitrators from the Public Employment Relations Commission (PERC). The parties shall then be bound by the rules and procedures of the Public Employment Relations Commission.
The arbitrator so selected shall confer with the representatives of the Board and the Association 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 of 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 to add to, subtract, or modify the terms of this Agreement. The decision of the arbitrator shall be submitted to the Board and the Association.
Decisions of the Board at Level Three in the following matters shall be final and such decisions shall not be subject to arbitration under this Agreement:
ARTICLE 3 (continued)
GRIEVANCE PROCEDURE (continued)
any matter for which a method of review is prescribed by law.
any rules or regulations of the State Commissioner of Education.
any mailer which, according to law, is either beyond the scope of Board authority or is limited to action by the Board alone.
a complaint of an employee which arises by reason of his/her not being re—employed, including, but not limited to, his/her non—reappointment to any position which is not—tenured under law.
The arbitration, pursuant to this paragraph and the decision of the arbitrator, shall be final and binding on the parties. The authority of the arbitrator is limited to the interpretations, application, or the compliance with the provision of this Agreement, and the arbitrator shall have no authority to modify, add to, subtract from, or in any way alter any of the terms of this Agreement, and shall be bound by all applicable New Jersey and Federal Statutes, the Constitutions of the State of New Jersey and of the United States, and all decisions of the Commissioner of Education, the State Board of Education, the Courts of the State of New Jersey, and the Federal Courts having jurisdiction over matters arising within the State of New Jersey.
The costs for the services of the arbitrator, including per diem expenses, shall be shared by the Board and the Association equally. Any other expenses incurred shall be paid by the party incurring same.
Any aggrieved person shall be represented at all stages of the grievance procedure by a person selected or approved by the Association.
A. Just Cause Provision
No employee shall be disciplined, reprimanded, or reduced in rank, classification or compensation without just cause. Any dismissal, not inclusive of non—renewal may be considered disciplinary action and subject to the grievance procedure.
EMPLOYEE RIGHTS (Continued)
B. Progressive Discipline
The Board agrees to utilize the concepts of progressive discipline in the application of the Article, consistent with the circumstances surrounding the infraction and the disciplinary history of the employee. Disciplinary action may include the following:
withholding of increment;
termination where permitted by law.
C. Right to Representation
Whenever any employee is required to appear before any administrator or supervisor, Board, or any committee or member thereof concerning any matter which could adversely affect the continuation of that employee in his office, position, or employment or the salary or any increments pertaining thereto, then he/she shall be given prior written notice of the reasons for such meeting or interview and shall be entitled to have representative(s) of the Association present to advise and represent him/her during such meeting or interview.
Transacting Official Business
Representatives of the Association may be permitted to transact official business on school property when school is in session, upon notice to the building principal, provided that this shall not interfere or interrupt normal school operations.
Use of School Buildings
The Association and its representatives may have the right to use school buildings for meetings upon notification to the building principal
Use of School Equipment
The Association will have the right to use school facilities when not in session and equipment is not otherwise in use and is responsible for said equipment when in their use. The Association shall pay the reasonable cost of all materials.
Use of Mail Boxes
The Association shall have the right to use the inter—school mail facilities and the school mail boxes to communicate with its members.
A. Posting Positions
All vacancies or promotional opportunities shall be posted to allow bargaining unit members to apply and be interviewed for said positions before formal Board action on said vacancies.
Each employee shall receive uniforms in each year of the contract. These items, to be purchased or rented by the Board. Employees will receive their uniforms by August 1 for the school year beginning in September.
C. New Employees
New employees shall have a probationary period of ninety (90) days before a contract is issued. During the probationary period, the services of a new employee may be terminated upon one (1) week notification by either the employer or the employee. The employee shall pay all fees for fingerprinting and record search for all employees.
D. Fair Dismissal
The Board shall provide each employee either a written offer of contract for employment for the next succeeding year or a written notice that such employment will not be offered. If the employee decides to accept such employment, the employee shall notify the Board of such acceptance in writing within ten (10) days of the offer of employment.
Any employee who receives a notice that his employment shall be terminated or whose contract is not renewed shall be entitled to a review as follows:
Joint conference with:
Director of Buildings and Grounds;
School Business Administrator;
Superintendent of Schools;
Board of Education.
Except during his duty free lunch period, no employee may leave a work assignment without the permission of an appropriate administrator. Employees may not leave the site unless there is coverage.
ARTICLE 6 (continued)
EMPLOYMENT PROCEDURES (continued_
For purposes of work assignment and day—to—day operations, the Director of Buildings and Grounds shall be recognized as the immediate supervisor of all supportive staff personnel. The building Principal will also act as the supervisor in his/her school. The Superintendent or Director of Buildings and Grounds may supersede the direction of the building principal. The Board will establish an organizational structure setting forth a chain of command.
Reduction in Force
Reduction in force and recall will be based upon seniority and evaluation.
An increase to the next step of the salary guide shall be based upon the following formula and upon the recommendation of the Superintendent for satisfactory service.
Employment between 1 day and 6 months — no increment increase.
Employment between 6 months and 1 day and 12 months — full increment increase.
Custodial and maintenance stipends added as per Schedule A—I.
Any member of the custodial or maintenance staff who attends a school offering a minimum of seventy—two (72) hours of class work for the purpose of improvement of job skills directly applicable to the employee’s assignment in the Westwood Regional School District shall receive a stipend of $250 upon completion of this course and upon presentation of a certificate stating that the course has been satisfactorily completed.
All requests for courses shall have prior approval from the Superintendent of Schools.
K. Black Seal licenses
Shall be obtained by all employees within two years of employment. Present employees shall obtain a Black Seal license within two years of the inception of this Agreement.
A stipend of $700 shall be paid annually to each employee who holds a Black Seal license. This shall be included in the employee’s annual salary. Employees will be responsible for cooperating with the district in renewing their license and the district shall bear the cost of doing so. A copy of the updated license will be issued to the district. Proof of the active license must be on file prior to the stipend being awarded.
There are thirteen (13) holidays: July 4, Labor Day, Columbus Day, Veterans Day, Day before and Thanksgiving, Christmas, New Years, Lincoln’s Birthday, Washington’s Birthday, Good Friday, and Memorial Day. Employees will work ½ day the day before Christmas and New Year’ unless school is in session in which case they will work a full day. Annually the Board will approve the specific calendar of 13 (thirteen) Holidays as noted above.
In the event that work is required on a paid holiday, an employee shall be paid 2 times his/her basic hourly rate. If mutually agreeable, the employee shall be given the equivalent time on a work day in lieu of payment. This time shall be agreed upon by the employee and the Board.
To be eligible for a paid holiday, the employee must work the last working day before the holiday and the first working day following the holiday.
The work week is 40 hours. The work weeks starts on Monday, and ends on Sunday. One high school custodian’s work week shall consist of the following: Three week days (11:30 a.m. — 8:00 p.m) and Saturday and Sunday (7:00 a.m. — 3:30 p.m. pending events or for the hours scheduled. These hours are subject to change at any given time). These days and hours shall be from September 1st through June 30th. In July and August, this custodian shall work a regular Monday through Friday schedule at the discretion of the Director of Buildings and Grounds. If the custodian mentioned above is a current employee, there shall be an extra stipend of $3,000. If there are no volunteers for this position from the current staff, the Board shall advertise for this position with no additional stipend. If a paid holiday is celebrated on a Monday, that custodian will have off the next work day in lieu of the holiday. The duty—free lunch period for employees shall be 45 minutes in length.
An employee shall be paid at the rate of one and one—half (1½) times regular hourly pay for time worked in excess of forty (40) hours per week. The work week begins on Monday and ends on Sunday. A minimum of four (4) hours scheduled is required when employee is called back to work. The Director of Buildings and Grounds will provide an overtime form to include work that is expected to be completed. Time worked on a Sunday or holiday shall be compensated at double the regular hourly pay.
An employee shall be paid overtime only after working a full 40 hour work week. An employee who has not physically been on site for the full 40 hours will be paid at the rate of straight time until the 40 hour requirement is met. Personal days, vacation days, and bereavement days will count as an employee being on site, while sick time will not. Every effort will be made to pay overtime in the pay period following the accrued overtime.
ARTICLE 7 (continued)
WORK YEAR (continued)
D. Call — In
An employee called to return to work outside his regular scheduled shift shall be compensated for the actual time worked, but not less than four (4) hours. Snow removal and preparation for commencement will be considered call back and not before shift.
After shift — one hour minimum.
Before shift — one and one—half (1 ½) times actual time worked.
E. All Association personnel shall report to duty within 2 hours of the employee’s starting time of work at times of emergency.
Employees for a full year, July 1 of any given year to June 30 of the next year, shall receive a vacation of two weeks (10 working days) during the following July or August unless otherwise arranged. Employees of less than a full year on June 30 shall receive a vacation determined on the basis of one day of vacation for each full month of employment with a maximum of 2 weeks (10 working days).
Employees shall be entitled to three (3) weeks vacation upon completion of seven (7) years continuous service as of June 30 of a given school year.
Additional vacation days will be given or paid for perfect attendance in any given work year, according to the following guidelines: Employee working 1—5 years will be given an additional 2 days to be used in the following school year; employees working 6—10 years receive 3 additional days, employees working 11+ years will receive 5 days. This does not include personal time or bereavement time.
Employees shall submit a proposed vacation schedule by May 1st each year and approved vacation schedules shall be issued by the District by June 1st each year. Vacation schedules must have the prior approval of the Superintendent. Vacation may not be taken during the last two weeks before school opens in September.
The salary of each employee covered by this Agreement is set forth in Section A which is attached hereto and made part hereof.
Method of Payment
Each twelve (12) month employee shall be paid in twenty-four (24) semi—monthly installments.
Compensation — Travel
Employees who may be required to use their own automobiles in the performance of their duties and/or who are assigned to more than one (1) school per day shall be reimbursed for all such travel at the IRS rate.
Accumulated Sick Leave
Effective July 1, 1989, an employee retiring from Westwood after having completed ten (10) years of continuous service in the Westwood Regional School District shall be compensated for the sick leave which he/she has earned in Westwood. The employee shall receive sixty dollars ($65) for a maximum of one hundred (100) days. Effective July 1, 1999, the maximum number of days shall be 145. Payment for this benefit shall be made thirty (30) days following his/her notice to retire or at retirement whichever date shall be later. If written notice of retirement is received by the District before the February 1 preceding a retirement which will take effect from the next July 1st through June 30th, the payment under this section shall be made within 30 days of the official date of retirement. However, at the employee’s option, said payment may be deferred to the January 1st following the official date of retirement or to the second July 1st following the official date of retirement.
If written notice of retirement is received by the District after February 1st preceding a retirement which will take effect from the next July 1st through June 30th, the payment under this section shall be made in the July of the budget year following the year in which the official date of retirement occurs.
Compensation for unused sick leave shall be paid to the employee’s estate in the event the employee becomes deceased while working for the Westwood Regional School District.
When a pay day falls on or during a school holiday, vacation or weekend, employees shall receive their pay checks on the last previous working day except in cases of emergency.
There shall be an annual longevity payment of $600 for employees who have completed 15 years of continuous District service prior to July 1st in any year. The payment will begin on the July 1st following the 15th anniversary and will be paid out over the course of the work year in equal installments.
There shall be an annual longevity payment of $600 for employees who have completed 20 years of continuous District service prior to July 1st in any year. The payment will begin on the July 1st following the 20th anniversary and will be paid out over the course of the work year in equal installments.
DEDUCTIONS FROM SALARY
A. Association Dues
The Board agrees to deduct from the salaries of its bargaining unit members dues for the Westwood Building and Grounds Association, the Bergen County Education Association, the New Jersey Education Association, and the National Education Association as said bargaining unit members individually and voluntarily authorize the Board to deduct. Such deductions shall be made in compliance with Chapter 233, N.J. Public Laws of 1969 (N.J.S.A. 52:14-15.9e) and under rules established by the State Department of Education. Said monies together with current records of any corrections shall be transmitted to such person as may from time to time be designated by the Westwood Education Association by the 15th of each month following the monthly pay period in which deductions were made.
Each of the Associations named above 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 prior to the effective date of each change.
B. Agency Fee
If an employee does not become a member of the Association during any membership year (i.e. from September 1 to the following August 31) which is covered in whole or in part by this Agreement, said employee will be required to pay a representation fee to the Association for that membership year to offset the costs of services rendered by the Association as majority representative.
Prior to the beginning of each membership year, the Association will notify the Board in writing of the amount of the regular membership dues, initiation fees and assessments charged by the Association to its own members for that membership year. The representation fee to be paid by nonmembers will be equal to the maximum allowed by law.
3. Deduction and Transmission of Fees
The Board agrees to deduct from the salary of any employee who is not a member of the Association for the current membership year, the full amount of the representation fee set forth in Section 2 above and promptly will transmit the amount so deducted to the Association.
The Board agrees to deduct the representation fee in equal installments, as nearly as possible, from the paychecks paid to each bargaining unit member during the remainder of the membership year in question. The deductions will begin 30 days after the member begins his/her employment in a bargaining unit position.
ARTICLE 9 (continued)
DEDUCTIONS FROM SALARY (continued)
4. Termination of Employment
If an employee who is required to pay a representation fee terminates his/her employment with the Board before the Association has received the full amount of the representation fee to which it is entitled under this Article, the Board will deduct the unpaid portion of the fee from the last paycheck paid to said bargaining unit member in question and promptly forward same to the Association.
Except as otherwise provided in this Article, the mechanics for the deduction of the representation fees and the transmission of such fees to the Association will, as nearly as possible, be the same as those used for the deduction and transmission of regular membership dues to the Association.
The Association will indemnify and hold harmless the Board of all legal costs, fees, and other costs arising from any action brought by a bargaining unit member regarding the agency fee provision. Said indemnification is predicated on the Board complying with the contractual provisions and applicable law.
C. Other Deductions
The Board also agrees to deduct from the salary of any member in Westwood any of the following deductions authorized by said bargaining unit member:
Washington National Insurance Program
Voluntary Savings Deduction for deposit in the Paragon Federal Credit Union.
The Board of Education shall pay the full premium for health care insurance protection for all employees of the Board and for family or other dependents of said members, where applicable. The health care insurance protection shall be combined Blue Cross/Blue Shield (including Rider “J”) and Major Medical Insurance encompassing all the provisions under the New Jersey State Health Benefits Plan.
During the term of this contract, the Board agrees to maintain the level of insurance coverage provided by the existing dental and optical plans at no cost to individual bargaining unit members of the Association.
The Board agrees to maintain the level of insurance coverage provided by the prescription plan at $15—$10 co—pay — (Brand/Generic/Mail Order) to the employee.
INSURANCE BENEFITS (continued)
Voluntary Health Incentive Waiver Plan
There shall be a voluntary insurance incentive plan, if available, covering each coverage under A., B., and C. above.
Employees who are eligible to receive any enrollment level above single for insurance under A. above, and those who are eligible to receive any enrollment level under B. or C. above are eligible to participate in this insurance waiver incentive plan.
An employee waiving coverage under A. (health/hospitalization) must provide proof of alternative coverage or the waiver will not be allowed. Employees who have no other dental, prescription, or vision coverage may waive any or all of those coverage’s.
Employees may waive one or more of the insurances in A., B., and C. above.
Each potentially eligible employee will receive a form from the administration. It will contain a final return date and waiver of coverage, and will specify the incentive payment which will be received.
Employees who are eligible for any enrollment above single coverage under A. above or who are eligible for any enrollment level under B. or C. above, and who waive all coverage for any of the four types of insurance for a full year shall receive 25% of the premium cost of the waived insurance(s).
An employee who waives coverage may re-enroll in such coverage at the open enrollment periods, subject to carrier rules. The only exception is that, if a spouse’s health/hospitalization coverage under A. above is terminated during an insurance year, the employee may re-enroll immediately in the District’s plan. If such re-enrollment occurs during the insurance year, no incentive payment will be made to the employee for that year.
The payment shall be made in the July of the year following the waiver.
In order to protect all employees from Federal and State taxation of existing benefits, if this plan is in effect, the District will set up a Section 125 account.
The provisions of D. expire at the close of business on June 30, 2010 unless extended by the parties in writing.
Any newly—hired unit member, otherwise eligible for insurance, shall be covered by any available plan under A., B., and C. above at the single enrollment level if permissible for the first two (2) years of employment. On the first of the month following the second anniversary of employment in the unit, he/she will be enrolled at any enrollment level (e.g. single, husband/wife, family, etc.) on the same basis as all other unit members. During the first two (2) years, the employee may enroll in a higher enrollment level in any available plan by paying the premium difference between single coverage and the enrollment level.
The Board will permit retirees to remain in the dental, optical, and/or prescription plan by the paying the Board the appropriate monthly premium(s) in advance. The Board and the Association shall be saved harmless in the event that this benefit cannot be implemented.
All twelve (12) month employees shall be entitled to twelve (12) sick leave days per year. Said sick leave days which are not used shall be accumulated from year to year.
An employee who does not report for work due to illness or who reports to work, but must leave work due to illness prior to completing a four hour shift, shall be charged with the use of one (1) sick day. An employee who reports to work, but leaves work prior to the end of a full shift, but after working a four hour shift shall, be charged with the use of one—half (½) sick day.
TEMPORARY LEAVE OF ABSENCE — PAID
A. Bereavement — Immediate Family
An employee shall be granted up to five (5) days for the death and/or death connected illness of a member of the immediate family. Immediate family shall be defined as follows: parents, spouse, children, brother, sister, father-in-law, mother-in-law, sister-in-law, brother-in-law, grandparents, and grandchildren.
B. Bereavement — Close friend or other relatives
An employee shall be granted one (1) day to attend the funeral of a close friend or relative not in the immediate family.
C. Bereavement — Extenuating Circumstances
In case of extenuating circumstances the Superintendent may grant additional bereavement leave based on the individual employee’s request.
D. Personal Business
Written requests for personal leave with pay up to a maximum of five (5) days may be granted when the absence must occur on a working day. Examples: closing of a mortgage, court appearance, moving, etc. Prior approval must be obtained from the Superintendent of Schools.
All visits for treatment, examination, and/or evaluation to a member of the medical, dental, etc. profession shall be considered as sick leave and not personal leave.
E. Other Leaves — Paid and Not Paid
Such other leaves may be granted as approved by the Superintendent.
ARTICLE 13A. Commitment
The Board and the Association shall carry out the commitments contained herein and give them full force and effect for the term of this Agreement.
B. Savings Clause
Except as this Agreement shall otherwise provide, all terms and conditions of employment applicable on the effective date of this Agreement to members covered by this Agreement as established by the administrative procedures and practices in force on said date, shall continue to be so applicable during the terms of this Agreement.
If any provisions 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 in law, but all other provisions or applications shall continue in full force and effect.
DURATION OF AGREEMENT
This Agreement shall be effective as of July 1, 2007 and shall continue in effect until June 30, 2010, or until a subsequent Successor Agreement has been negotiated. Negotiations for a Successor Agreement shall begin not later than December 15th, 2009 and shall be completed for signature by both parties by February 15th, 2010.
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 to by its Secretary, and its corporate seal to be placed hereon on this 14th day of June, 2007.
|Westwood Building and Grounds|
|Westwood Board of Education|
|Board of Education President|
2007—2008, 2008—2009 and 2009—2010
SCHEDULE A — 1
CUSTODIAL AND MAINTENANCE STIPENDS
Head Building Custodian—High School $7,500
Head Night Custodian—High School $4,500
Head Building Custodian $4,500