| 35 PREAMBLE
WHEREAS, the Board of Education of the Township of Delanco and the Delanco Teachers'
Association recognize and declare that providing a quality education for the children of the
Delanco School Districts is their mutual aim, and
WHEREAS, both parties recognize that the achievement of this aim rests upon mutual trust and cooperation,
THEREFORE, the following covenants are hereby agreed as follows:
Article I RECOGNITION
A. The Delanco Board of Education hereby recognizes the Delanco Teachers' Association as the majority representative for collective negotiations concerning the terms and conditions of employment for personnel under contract and on leave, employed by the Board, including:
1. Unit A - Certified personnel
a. Classroom teachers
b. Nurse
but excluding:
1. The superintendent
2. The principals
3. The secretaries
4. The school business official
5. The custodial/maintenance supervisor
6. The superintendent's secretary
7. All hourly employees
8. All temporary or substitute employees
9. Custodians
10. Custodial /maintenance person
B. Unless otherwise indicated, the term "teachers", when used in this agreement, shall refer to all certified employees represented by the Association in the negotiating unit as above defined, and references to male teachers shall include female teachers.
Article II
NEGOTIATION PROCEDURE
A. The parties agree to enter into collective negotiations in accordance with Chapter 123,
Public Laws of 1975 in a good faith effort to reach agreement on matters concerning the terms and conditions of teachers' employment. Such negotiations shall begin not later than the third Tuesday in October in the calendar year preceding the calendar year in which this Agreement expires.
When an agreement is reached on the terms and conditions of employment, it shall be
embodied in writing and signed by the authorized representatives of the Board of Education and the majority representative.
B. During negotiations, the Board and the Association shall present relevant data, exchange points of view and make proposals and counter proposals. It is agreed that once a proposal is made by either party that no new additional items will be made the subject of negotiations unless they are agreed to by both parties.
C. Neither party in any negotiations shall have any control over the selection of the negotiating representatives of the other party.
D. Both parties mutually pledge that their representatives shall be fully clothed with all necessary power and authority to make proposals, consider proposals and make counter proposals in the course of negotiations. It is understood that final ratification of all items contained within the tentatively agreed-upon contract must be ratified by a majority of the teachers represented by the negotiators of the Association and by the majority of the eligible members of the Board of Education while in session at a legally constituted meeting.
E. It is agreed that neither party will add any member to their negotiating team or bring to the meetings any consultant without giving the other party one (1) week prior notice. This notice shall include the name, position, and reason for addition of the new member or consultant.
1. A schedule of meetings shall be established at the first meeting of each year the contract is in force. The meetings shall take place at a time when representatives of the Association are free of instructional responsibilities unless otherwise mutually agreed by both parties.
F. The Board of Education agrees not to negotiate concerning members of the negotiating unit as defined in Article I of this Agreement, with any other organization other than the Association for the duration of this Agreement.
G.
Except as this Agreement shall hereinafter otherwise provide, all terms and conditions of employment applicable on the effective date of this Agreement to employees covered by this Agreement as established by the rules, regulations, job descriptions, and/or policy of the Board of Education and the administration, in force on said date, shall continue to be so applicable during the term of this Agreement. Unless otherwise provided in this Agreement, nothing contained herein shall be interpreted and/or applied so as to eliminate, reduce or otherwise detract from any teacher’s benefit existing prior to its effective date.
Article III
GRIEVANCE PROCEDURE
A. Definitions
The term “grievance” means a complaint by any teacher or employee that, as to him, there has been an inequitable, improper, or unjust application, interpretation or violation of a policy, agreement, or administrative decision affecting said teacher or employees.
The term “grievance” and the procedure relative thereto, shall not be deemed applicable in the following instances:
(1) The failure or refusal of the Board to renew a contract of a non-tenured teacher or employee.
(2) In matters where a method is prescribed by law or by rule or regulation of the Commissioner of Education or the State Board of Education so that the Delanco Board of Education is without authority to act.
(3) Except as otherwise specified in this Agreement, the Association recognizes that the Board has responsibility and authority to manage and direct, on behalf of the public, all of the operations and activities of the school district to the full extent authorized by statute and those implied powers not covered by state law. In cases of disagreement where recourse to the law, State Board or Commissioner of Education’s directives or decisions prescribe a means of appeal, then those procedures shall be followed. In cases of disagreement where recourse is not established by the law, State Board or Commissioner’s directives or decisions , then the appeal shall be through the grievance procedure.
The term “teacher” or “employee” where applicable shall mean any regularly employed individual receiving compensation from the Board but shall not include the superintendent, the principals, the secretaries, the school business official, the custodial/maintenance supervisor, the superintendent ‘s secretary, all hourly employees, all temporary or substitute employees, custodial/maintenance person.
The term “representative” shall include any organization, agency or person authorized or designated by any teacher or employee or any group of teachers or employees, or by a public employees’ association, or by the Board to act on its or their behalf and to represent it or them.
The term “immediate superior” shall mean the person to whom the aggrieved teacher or employee is directly responsible under the Table of Organization prevailing in the School District.
The term “party” means an aggrieved teacher or employee, his immediate superior, the school principal or any staff member below the superintendent, not including the secretaries, school business official, custodial/ maintenance supervisor, superintendent’s secretary, all hourly employees, all temporary or substituting employees, custodians, custodial/maintenance person, who may be affected by the determination of the superintendent in connection with the procedure herein established.
B. Procedure
1. An aggrieved teacher or employee shall institute action under the provision hereof within thirty (30) calendar days of the occurrence complained of, or within thirty (30) calendar days after he would reasonably be expected to know of its occurrence. Failure to act within said thirty (30) calendar day period, shall be deemed to constitute an abandonment of the grievance.
2. A teacher or employee processing a grievance shall be assured freedom from restraint, interference, coercion, discrimination or reprisal.
3. In the presentation of a grievance, the teacher or employee shall have the right to present his own appeal or to designate a representative to appear with him at any step in his appeal. A minority organization shall not have the right to present or process a grievance.
4. Whenever the teacher or employee appears with a representative, the Board shall have the right to designate a representative to participate at any stage of the grievance procedure.
Level I
5. A teacher or employee shall first discuss his grievance orally with his immediate superior. A decision shall be rendered within five (5) school days of said hearing.
Level II
6. If the grievance is not resolved to the teacher’s or employee’s satisfaction within five (5) school days from the determination referred to in paragraph 5 above, the teacher or employee shall submit his grievance to the superintendent of schools in writing, specifying:
(a) The nature of the grievance
(b) The result of the previous discussion
(c) The basis of his dissatisfaction with the determination
7. A copy of the writing called for in paragraph 6 shall be furnished to the school principal and to the immediate superior of the aggrieved teacher or employee.
8. Within ten (10) school days from the receipt of the written grievance (unless a different period is mutually agreed upon), the superintendent shall hold a hearing at which all parties in interest shall have the right to be heard.
9. Within ten (10) school days of said hearing (unless a different period is mutually agreed upon), the superintendent shall, in writing, advise the teacher or employee and his representative, if there be one, of his determination and shall forward a copy of said determination to the school principal and to the immediate superior of the aggrieved employee.
Level III
10. In the event of the failure of the superintendent to act in accordance with provisions of paragraph 8 and 9, or in the event a determination by him in accordance with the provisions thereof is deemed unsatisfactory by either party, within ten (10) school days of the failure of the superintendent to act or within ten (10) school days of the determination by him, the aggrieved employee may appeal to the Board of Education.
11. Where an appeal is taken to the Board, there shall be submitted by the appellant the writing set forth in paragraphs 6 and 9, and a further statement in writing setting forth the appellant’s dissatisfaction with the superintendent’s action. A copy of said statement shall be furnished to the superintendent and to the adverse party.
12. If the appellant, in his appeal to the Board, does not request a hearing, the Board may consider the appeal on the written record submitted to it, or the Board may, on its own, conduct a hearing or it may request the submission of additional written materials. Where additional written materials are requested by the Board, copies thereof shall be served upon the adverse parties who shall have the right to reply thereto. Where the appellant requests in writing a hearing before the Board, a hearing shall be held.
13. The Board shall make a determination within thirty (30) calendar days from the receipt of the grievance and shall, in writing, notify the teacher or employee, his representative, if there be one, the principal, and the superintendent of its determination. This time period may be extended by mutual agreement of the parties.
Level IV
14. In the event a teacher or employee is dissatisfied with the determination of the Board, he shall have the right to request binding arbitration pursuant to rules and regulations established by the Public Employment Relations Commission under the provisions of Chapter 123, Public Laws of 1975.
A request for binding arbitration shall be made no later than fifteen (15) calendar days following the determination of the Board. Failure to file within said time period shall constitute a bar to such arbitration unless the aggrieved employee and the Board shall mutually agree upon a longer time period within which to assert such a demand.
In the event of arbitration, the costs of the arbitrator's services shall be shared by the parties and each of the parties shall bear his own costs.
15. Miscellaneous Provisions - In the event a grievance should be filed by a principal or by any employee who is not subject to the jurisdiction of any principal or who may be answerable to more than one principal, he shall discuss his grievance initially with the superintendent, and, if dissatisfied with the determination, may appeal to the Board in accordance with the provisions herein set forth.
16. In any case, where a grievance is based upon direct order, ruling or determination of the superintendent, the aggrieved teacher or employee may appeal directly to the Board within ten (10) school days of the issuance of said order, ruling or directive, or within ten (10) school days of the time when same has been brought to the employee’s attention, by filing with the secretary of the Board, a writing setting forth:
(a) The order, ruling or determination complained of
(b) The basis of the complaint
(c) A request for a hearing, if a hearing is desired
A copy of the writings set forth above shall be served upon the superintendent who shall have the right to reply in writing thereto. A copy of such reply shall be served upon the aggrieved employee.
17. Upon receipt of the grievance filed under the provisions of paragraph 16, the procedure shall be as set forth in paragraphs 12 and 13.
18. All employees shall be entitled to resort to the full procedure herein above set forth.
19. A staff member representing an aggrieved person whose attendance is necessary at a hearing during the working day shall suffer no loss of pay.
20. In the event that any 5 or 10 school day limit expires after the close of school in June, those limits will be construed to mean calendar days.
Article IV
TEACHER RIGHTS
A. Pursuant to Chapter 123 Public Laws of 1975, the Board hereby agrees that its employees
"shall have and shall be protected in the exercise of, the right, freely and without fear of
penalty or reprisal, to form, join and assist any employee organization or to refrain from
any such activity."
B. Nothing contained herein shall be construed as to deny or restrict any teacher such rights
as he may have under New Jersey School Laws or other applicable laws or regulations.
C. The teacher shall maintain the exclusive right and responsibility to determine grades and
other evaluations of students within the grading policies of the Delanco School District
based upon his professional judgment; however, the administration shall have the right to
review the above with teacher.
Article V
ASSOCIATION RIGHTS AND PRIVILEGES
A. The Board agrees to permit inspection of its records by the Association
representatives as is required by Public Law Chapter 47: 1A-1 and Executive
Order No. 9, 1963.
B. The Association and its representatives shall have the right to use school buildings
as long as it remains the majority representative and complies with the Board
policy for the use of school buildings.
C. The Association may provide in each building a bulletin board in each faculty
lounge for its exclusive use provided the following conditions are observed:
1. The size of the bulletin board shall not exceed an area greater than 3 feet square.
2. It shall be maintained in a manner that reflects credit upon the Association.
3. The articles displayed shall maintain a high ethical standard free of derogatory or inflammatory sentiments.
D. The rights and privileges of the Association and its representatives, as set forth in
this Agreement, shall be granted to the Association for as long as it remains the
majority bargaining agent and to no other organization except that this Agreement
will not supersede Board policy on the use of school buildings.
E. The Association shall have the right to use the inter-school mail facilities and
school mailboxes as it deems necessary and with the approval of building
principals or other members of the administration.
F. The Association will provide its own supplies and materials for publications,
notices, letters, and other Association business. Office equipment may be used at
the discretion of the superintendent.
Article VI
SCHOOL CALENDAR
A. The school calendar, its determination and enforcement, is governed by the Board
of Education under Public Law Chapter 18:36-2 which states: "The Board of
Education shall determine annually the dates, between which the schools of the
district shall be open, in accordance with the law."
B. In the making of the school calendar, the superintendent shall meet with the
Association representatives to receive their recommendations before the calendar
is presented to the Board for its approval.
C. The school calendar may reflect a number of emergency closing days. Any unused
emergency closing days shall be deducted from the calendar, resulting in 180
teaching days.
D. In addition to 180 teaching days, teachers will also work an additional four (4)
days for teacher preparation and in-service training/ professional development, dates to be determined by the Administration and Board in construction of the annual school calendar. The Delanco Teachers’ Association will be invited to provide input to the Administration regarding the topics of said in-service training sessions, although final topic selection shall remain an administrative prerogative.
Article VII PUPIL SCHEDULING
A. In establishing the daily schedules for pupils, the superintendent shall meet with
the Association representatives to receive their recommendations. After receiving
their advice, he shall prepare a schedule which, in his opinion, best meets the need
of the pupils and shall present it to the Board of Education for approval.
B. Teachers must be in their classrooms ten (10) minutes before the children are
scheduled to enter the building in the morning and may leave in the afternoon not
earlier than thirty (30) minutes after their last class is dismissed. Exceptions to
the above may be approved by the superintendent or his assistant.
C. Curriculum work shall be accomplished during the regular teachers' contract day.
If it is ever necessary to extend this work beyond the contract day, compensatory
time will be given to the teachers involved.
D. On Fridays and days preceding holidays or vacations, the teachers' day shall end
15 minutes after the close of the pupils' day.
E. All teachers may be required to attend one staff meeting per month which extends
past the teachers' contract day. If the meeting extends more than 45 minutes
beyond its starting time, either compensatory time shall be provided or staff
members will be permitted to leave at their own discretion. Such meetings shall
begin no later than 3:15. For any additional meetings which may be required
that extend beyond the contract day, teachers will be given compensatory time
or be permitted to leave at their individual discretion.
F. Full-time teachers will have a minimum of five preparation periods per week
which, if interrupted by administrative authority, would be remunerated with
compensatory time on a minute-for-minute basis. Part-time teachers’ preparation
periods would be handled the same, on a pro-rated basis. "Administrative
authority" would include things such as class coverage, CST staffing, travel time, etc.
1. Every reasonable effort will be made when constructing the master schedule to provide teachers with a minimum of one preparation period per day.
2. If a teacher has no preparation periods on a particular day, administration will insure that he is not assigned any unpaid duties on that day.
Article VIII TEACHER ASSIGNMENTS
A. The superintendent shall give the teachers written notice of their class and/or
subject assignments, building assignments and room assignments for the
forthcoming year, not later than two (2) days prior to the closing of school, except
if an emergency arises during the summer and adjustments in scheduling are
necessary. In this event, notice will be given the teachers affected at the earliest
possible date prior to the opening of school in September. If possible, such notice
shall be included in the August 1 letter concerning the opening of school.
B. In order to assure that pupils are taught by teachers working within their areas of
competence, teachers shall not be assigned classes outside the scope of their
certificate and the rules and regulations promulgated by the New Jersey
Department of Education, Division of Certification.
Article IX
TRANSFERS AND REASSIGNMENTS
A. No later than April 1 of each school year, the superintendent shall make available
to the Association, and post in all school buildings, a list of the known vacancies
which are anticipated for the following school year.
B. Notice of an involuntary transfer or reassignment shall be given to teachers as
soon as practicable.
C. When an involuntary transfer or reassignment is necessary, a teacher's competence
and other relevant factors as determined by the administration including, among
other things; state laws, rules, regulations, and administrative directives, shall be considered in determining which teacher is to be transferred or reassigned.
D. An involuntary transfer or reassignment shall be made only after a meeting between the teacher involved and the Superintendent, at which time the teacher shall be notified of the reason therefor.
E. Any reduction in force of professional staff will be managed by strict adherence to NJSA
A. All openings for positions in the summer school, home teaching, federal projects, and other programs (including positions for which teachers may be qualified and eligible) shall be adequately publicized by the Superintendent as soon as possible after their availability is determined. Home teaching openings shall be posted as they occur.
B. Teachers employed in the Delanco School District shall have priority to teaching assignments before appointment to applicants from outside the district. The best qualified applicant as determined and recommended by the Superintendent shall have priority.
C. Remuneration for home instruction shall be $41.00 per hour.
Article XI
TEACHER EVALUATION
A. The superintendent, principal, and their representatives shall have the responsibility for evaluation.
B. Any written evaluation that is made part of the teacher’s personal record shall be discussed with the teacher upon his request and a written copy shall be given to him.
C. A teacher’s personnel files can be reviewed by the teacher in the presence of the administrator on not more than two occasions each year.
D. No material derogatory to a teacher’s conduct, service, character or personality shall be placed in his personnel file unless the teacher has had an opportunity to review the material. The teacher shall acknowledge that he has had the opportunity to review such material by affixing his signature and/or comment to the copy to be filed.
Article XII
SICK LEAVE AND TEMPORARY LEAVES OF ABSENCE
A. Sick Leave
1. As of September 1 all teachers employed shall be entitled to ten (10) sick leave
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.
a. The above is a summary of the benefits pertaining to sick leave as stated in
Title 18A:30-1,2,3.
b. When an appropriate physician's certificate is filed with the School Business
Official, the Board may consider salary payment for sick leave beyond the
accrued time by individual consideration wholly at the discretion of the
Board.
B. Death /Funeral Leave
1. A maximum of five (5) days with pay per funeral will be granted for the death of
a member of the immediate family, defined as:
a. Husband, wife, parent, brother, sister, grandparent, child, mother-in-law,
father-in-law, son-in-law, daughter-in-law, sister-in-law, brother-in-law,
grandchild, any relative or person who is a permanent resident in the home
of the staff member at the time of his demise, or any individual who was
instrumental in the rearing of the staff member (such as stepparent, foster
parent or legal guardian.)
2. A maximum of two (2) days per year may be granted for attending the funeral of a
friend or relative not covered by B,1,a. Substitute teacher's pay will be deducted
from the staff member's salary on the second day only.
C. Personal Business Leave
1. The nature of the personal business need not be stated and this use is limited to two (2) days per school year.
2. The request for a personal business day must be submitted to the superintendent
for approval at least two (2) days prior to the day requested.
3. Personal business days will not be granted on days immediately preceding or
immediately following scheduled holidays. Nor will they be granted at a time when
the teacher's absence may seriously hinder the operation of the school .
4. Unused personal business days will become sick leave days and will be
accumulated as such.
D. Emergency Business Leave
1. This use is limited to three (3) days per school year and may be taken for the
following reasons:
a. Income tax investigations requiring the staff member's appearance at the IRS office.
b. Estate settlement when the staff member is executor or must appear to attend to legal business that cannot be arranged at any time other than the working day.
c. Pension emergency when the staff member must appear at the Division of Pensions during the working day.
d. Real estate settlements for legal business that must be taken care of during business hours.
e. Household emergencies that require the presence of the staff member until repairs can be effected, for example: plumbing or heating failures, fire, theft, etc. This would not include problems that could be taken care of outside the school day such as moving, painting, etc.
f. Emergency illness of a member of the immediate family (see B, 1,a) until arrangements can be made for their care.
g. Religious holidays.
h. Divorce of a staff member.
i. Court appearance as a subpoenaed witness.
E. Jury Duty Leave
1. The superintendent shall be notified immediately upon receipt of notice for
teacher to appear.
2. The Board will pay the difference between the pay of a juror and the teacher's
regular salary.
F. Representative Leave
1. Upon the death of an active or retired member of the staff of the Delanco
Township Schools, one representative may be selected by the Association to
attend the funeral. This representative will be excused for the time of the funeral
with no loss of pay or personal leave.
G. Marriage Leave
1. One (1) day will be granted , that being the actual day on which the ceremony
occurs.
H. Limitations
1. This sick leave policy shall supersede all previous sick leave or temporary or
extended leave of absence policies of the Board.
I. Reimbursement
1. Teachers who retire from the Delanco School System shall receive compensation
for accumulated unused sick days in the following amounts:
2005 – 2008
$50.00 per day
$10,000 cap
2. Personnel planning to retire from the district must notify the superintendent by
January 1 of the year of retirement so that proper funding can be built into the
budget for unused sick leave compensation . Failure to do so may result in that
payment being postponed until the following fiscal year.
3. In the event of the death of an actively employed member of the bargaining unit
who has accumulated sick leave, his estate shall be compensated at the rates
and maximums in #1 above.
Article XIII
SUBSTITUTES
A. Beginning with the 1969-70 school year, the Board agrees at all times to maintain
a list of substitute teachers. Once a teacher has reported unavailability, it shall be
the responsibility of the administration to arrange for the instruction of the
students.
B. It is the responsibility of the teacher to report his intended absence not later than
10 P.M. of the night before or before 7:00 A.M. of the day he is absent. The
Superintendent will review each failure to give adequate notice of such absence
with the party concerned and take action accordingly.
C. Substitutes will assume all teaching and non-teaching duties of the absentee.
Article XIV
INSURANCE PROTECTION
A. A comprehensive health insurance plan, with the same, or equal coverage as in the
prior agreement, shall be provided by the Board for each teacher making
application for the plan.
The Board shall pay the full premium for the comprehensive health insurance plan
for each teacher and 100% where appropriate for full husband-wife, parent/child,
or family plan coverage for the 2005-2006, 2006-2007, 2007-2008 school years.
B. The Board will provide at its expense a prescription plan for each teacher and
family requesting it of the $0.00 mail order, $7.50 generic, and $15.00 name-brand
co-pay type. The Board agrees to pay full premium for the 2005-2006, 2006-2007
and 2007-2008 school years.
C. The Board will provide, at its expense, a dental plan, with the same, or equal
coverage as in the prior agreement, for employees who request coverage. The
Board agrees to pay full premium for single, two-party, or family coverage for the
2005-2006, 2006-2007 and 2007-2008 school years.
D. Any part-time teacher who is employed under a contract which is pro-rated below
20 hours per week will not be covered by any of the benefits described in this
article.
Any employee under contract with the Delanco Board as of 9/1/90 whose job is
reduced below 20 hours per week by a direct Board action will continue to have
health insurance benefits paid as per this agreement until he leaves the
district's employment.
E. In the event that an eligible teacher waives his right to health, prescription and /or
dental insurance as described in paragraphs A, B and C above, he shall be
compensated at 50% of the premium savings realized by the Board.
F. All eligible employees who are employed by the Board after June 30, 1999 will be
offered a comprehensive health insurance plan which is the same as or equal to the Patriot V coverage in the prior agreement. The Board will pay for this level of coverage only until such time as that employee achieves tenure status, at the beginning of his fourth consecutive year, at which time the Board will provide coverage up to the same as or equal to the Patriot X coverage in the prior agreement. Non-tenured employees may choose to increase their coverage level from Patriot V to Patriot X if they pay the premium difference themselves to the business office prior to each month’s billing date.
NOTE:
Although all other portions of this agreement are effective for the period from
9/1/05 through 6/30/08, the insurance coverage described in this article becomes
effective on 7/1/05 and remains in effect through 6/30/08.
Article XV
PERSONAL FREEDOM
A. The personal life of a teacher is not an appropriate concern or attention of the
Board except as it may directly prevent the teacher from performing properly his
assigned functions during the workday.
B. Teachers shall be entitled to full rights of citizenship and no religious or political
activities of any teacher or the lack thereof shall be grounds for any discipline or
discrimination with respect to the professional employment of such teacher,
providing said activities do not occur on school property nor violate any local, state or federal law.
Article XVI
SALARIES
A. The salaries for the personnel in Unit A of this Agreement are set forth in Schedule “A” which is attached hereto and made a part hereof. The increases reflected therein are based upon a salary “pot” which is determined by increasing the total amount of current DTA members’ annual 2004-2005 salaries by 5.2% in 2005-2006, 5.0% in 2006-2007, and 5.15% in 2007-2008.
B. Upon voluntary authorization signed by a teacher during the months of September and February only, the Board agrees to regularly withhold funds from teachers’ salaries for any or all of the following agencies: ABCO Credit Union; Fidelity Investments; Vanguard Investments; Lincoln Investments; Thomas Seely Associates, Inc.; American Express Financial Services; Burlington County Education Employee Charitable Campaign; Prudential Insurance Co. of America.
C. When a pay day falls on or during a school holiday, vacation or weekend, teachers shall receive pay checks on the last previous working day.
D. Teachers shall receive their final checks on the last working day in June.
1. Special service increments shall be given for years in Delanco as follows:
9/05 – 6/08
Beginning 5th year - $300
Beginning 10th year - $300
Beginning 15th year - $300
Beginning 20th year - $300
Beginning 25th year - $300
Beginning 30th year - $300
Beginning 35th year - $300
2. All salaries will be based upon satisfactory service. Years of employment increments will not be automatic, but will be granted for satisfactory service only upon the recommendation of the superintendent, subject to the approval of the Board. Failure in any year to grant an increment does not create any future obligations to restore the increment. In making recommendations, factors considered will include teaching ability, classroom management, participation in: in-service training courses, professional and school improvement programs, community service activities, and general travel. In any year in which there is an upward revision of the salary guide, adjustment to the proper place on the guide may be withheld in whole or part. Before making any recommendation to the Board to withhold in whole or in part any salary adjustment, the superintendent shall send the teacher written notice of such intention and give him an opportunity to discuss the reason for such action. Future increases after withholding an adjustment will depend entirely upon the recommendation of the superintendent and the approval of the Board.
3. All credits shall be earned in a bona fide college or university program in the field of education or area of certification and verified by transcript to the superintendent's office.
Article XVII
PROFESSIONAL IMPROVEMENT
A. The Board agrees to pay the full cost of tuition and other reasonable expenses
incurred in connection with any workshops, seminars, conferences, in-service
training sessions, or other such sessions which are approved by the administration.
B. The Board agrees to pay full cost of tuition for graduate courses in the field of
education or in teacher's area of specialization which have been approved in
advance by the superintendent. Payment will be made after the presentation of an
official college transcript indicating receipt of a grade in the completed course(s)
of a "C" or higher equivalent.
C. Request for course approval and reimbursement will be granted on a "first come -
first served" basis until such time that an annual maximum cap of $9,000 is
reached within a single fiscal year.
Article XVIII
NON-TEACHING DUTIES
A. Compensation for the following duties shall be:
05-06 06-07 07-08
Safety Patrol Advisors (each) $1,679 1,763 1,854
Playground and Lunchroom Advisors (each) $3,424 3,595 3,781
Girls’ Basketball Coach $2,363 2,481 2,609
Boys' Basketball Coach $2,363 2,481 2,609
Girls’ Field Hockey Coach $2,363 2,481 2,609
Boys’ Baseball Coach $2,363 2,481 2,609
Eighth Grade Class Advisor $2,363 2,481 2,609
Cheerleader Advisor $1,404 1,475 1,551
Yearbook Advisor (each) $1,404 1,475 1,551
B. At each school, one lunchroom advisor will be hired at the above scale to
supervise each lunch period. A playground advisor will be hired to supervise each
daily playground activity. In addition, the building principals shall assign one (1)
teacher to assist with additional supervision daily on a rotating basis, with no
additional compensation.
C. Whenever an insufficient number of current staff members agrees to accept the
paid playground/lunchroom advisor positions, the building principals shall assign
that duty to staff members, on a rotating basis, with no additional compensation.
Article XIX
MATERNITY LEAVE WITHOUT PAY
A. A teacher intending to request maternity leave shall:
1. Notify the administration of such leave no later than sixty (60) days before
commencement date of said leave, stating the commencement date of such leave
and the expected date of return which shall be no later than one (1) year after said
birth.
2. Supply the administration, upon request, with a statement in writing from time to
time by her attending physician, attesting to her ability to perform her duties
satisfactorily.
3. Be granted that leave at any time after sixty (60) days from her application and
before the expected birth and continuing to the specified date after birth set forth
on her application.
4. At least sixty (60) days prior to the return date specified on the application, she
shall confirm, in writing to the administration, that she will return on that date.
5. Supply to the administration a statement, in writing, by her attending physician,
attesting to her ability to resume her duties satisfactorily.
B. Any teacher not complying with the provisions of this Article shall forfeit her
rights to maternity leave. It is expected that the teacher shall notify the
administration pursuant to (A), above, during the summer months.
C. It is understood that a leave for maternity need not be extended to a non-tenure
teacher beyond the end of the contract year in which the leave is obtained.
D. Resumption of employment may not be in the same position.
E. A teacher who works five (5) months or more during the school year shall be
granted credit for a full year. If she works less than five (5) months, no credit
shall be awarded.
F. Any teacher adopting a pre-kindergarten child shall receive similar leave which
shall commence upon receiving custody of said child, or earlier if necessary, to
fulfill the requirements for the adoption.
Article XX
COMPLAINT PROCEDURE
A. Initial Action
Complaints regarding a teacher made to any member of the administration by any
parent, or other person, which will influence the evaluation of a teacher shall be
processed according to the procedure outlined below.
1. Meeting with the Principal
The Principal shall meet with the teacher to apprise the teacher of the full nature
of the complaint and they shall attempt to resolve the matter informally.
2. Right to Representation
The teacher may have another D.T.A. member present at any meetings or
conferences regarding such a complaint and the Principal may have the
superintendent present at such meetings or conferences.
B. Procedure
Step 1. In the event a complaint is unresolved to the satisfaction of all parties, the teacher may request a conference with the complainant to attempt to resolve the complaint. If the complaint is unresolved as a result of such conference, or if no mutually acceptable conference can be agreed on, the complaint shall move on to step 2.
Step 2. Upon receipt of the original complaint in writing, the superintendent shall confer with all parties involved at a mutually convenient time and place.
Step 3. If the superintendent is unable to resolve a complaint to the satisfaction of all parties concerned, at the request of the complainant or the teacher, he shall forward the results of his investigation along with his recommendation, in writing, to the Board and a copy to all parties concerned.
Step 4. After receipt of the findings and recommendations of the superintendent, and before action thereon, the Board shall afford the parties the opportunity to meet with the Board. Copies of the action taken by the Board shall be forwarded to all parties.
Step 5. Any complaint unresolved under Step 4 may be submitted by the teacher
to the grievance procedure as set forth in ARTICLE III of this Agreement and
shall commence at Level 4.
ARTICLE XXI
MISCELLANEOUS PROVISIONS
A. This Agreement constitutes Board policy for the term of said Agreement, and the Board shall carry out the commitments contained herein and give them full force and effect as Board policy.
B. 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.
C. In the event that any section, sub-section, paragraph or other direct quotations from the N.J. Statutes Annotated is improperly quoted through error or omission, in all cases the law shall be controlling.
D. Any individual contract between the Board and individual teacher, 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.
E. The Board and the Association agree that there shall be no discrimination, and that all practices, procedures, and policies of the school system shall clearly exemplify that there is no discrimination in the hiring, training, assignment, promotion, transfer, or discipline of teachers or in the application of administration of this Agreement on the basis of race, creed, color, religion, national origin, sex, domicile, or marital status.
F. The Board and the Association each agree to pay one-half (1/2) of the cost for the final printing of this Agreement provided the cost is agreeable to both parties. If agreement on the cost cannot be reached, it will be reproduced by the superintendent's office.
G. 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 letter.
H. The Association recognizes the Board of Education as the representative of the government of the State of New Jersey charged with the responsibility under the laws of the State for operating the Public Schools in the Township of Delanco and recognizes the District Superintendent and his Staff as representatives of the Board in carrying out policies and operating instructions.
I. Teachers traveling between the Walnut Street and Pearson Schools on teaching assignments shall receive $10.00 per month in the 2005-2006, 2006-2007 and 2007-2008 school years.
Article XXII
DURATION OF AGREEMENT
This Agreement shall be effective as of July 1, 2005 and shall continue in effect
until June 30, 2008 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.
In witness whereof the Association has caused this Agreement to be signed by its
president and secretary, and the Board has caused this Agreement to be signed by
its president, attested by its secretary and its corporate seal to be placed hereon, all
on the day and year indicated.
DELANCO TEACHERS' ASSOCIATION
By: CAROL LIPINSKY, Its President _________________________ __________
By: JOHN STOCKTON, Its Secretary _________________________ __________
DELANCO BOARD OF EDUCATION
By: DANIEL FAUST, Its President _________________________ __________By: DIANA CAWOOD, Its Secretary _________________________ __________
Delanco Teachers’ Association Negotiators
Thomas Shields, Chairman
Lisa Chiemiego Tracy Hofstrom
Jennifer Smith
Delanco Board of Education Negotiators
David Martin, Chairman
Daniel Faust James Di Miero
Laurie Pfisterer
Joseph Miller, Advisor
Date of BOE member ratification: February 9, 2005
Date of DTA member ratification: February 23, 2005
CONTENTS
ARTICLES PAGE
PREAMBLE 1
I RECOGNITION 1
II NEGOTIATION PROCEDURE 2
III GRIEVANCE PROCEDURE 4 IV TEACHER RIGHTS 8
V ASSOCIATION RIGHTS & PRIVILEGES 9 VI SCHOOL CALENDAR 10
VII PUPIL SCHEDULING 11
VIII TEACHER ASSIGNMENTS 12
IX TRANSFERS & REASSIGNMENTS 13
X SUMMER SCHOOL, HOME TEACHING 14 XI TEACHER EVALUATION 15
XII SICK LEAVE & TEMPORARY LEAVES 16 XIII SUBSTITUTES 19 XIV INSURANCE PROTECTION 20 XV PERSONAL FREEDOM 22
XVI SALARIES 23 SALARY GUIDE 24
SERVICE INCREMENTS 25
XVII PROFESSIONAL IMPROVEMENT 26
XVIII NON-TEACHING DUTIES 27
XIX MATERNITY LEAVE 28
XX COMPLAINT PROCEDURE 29
XXI MISCELLANEOUS PROVISIONS 30
XXII DURATION OF AGREEMENT 32
2005 – 2008
AGREEMENT
between the
DELANCO TEACHERS’
ASSOCIATION
and the
BOARD OF EDUCATION
OF DELANCO TOWNSHIP
COUNTY OF BURLINGTON
STATE OF NEW JERSEY
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