|MARKED DRAFT February 22, 2008 – LMEC (IM)|
MARKED DRAFT February 22, 2008 – LMEC (IM)
THE FAIRFIELD BOARD OF EDUCATION
THE FAIRFIELD EDUCATION ASSOCIATION
For July 1, 2004 2007 to June 30, 20102007
FAIRFIELD, NEW JERSEY
The Board of Education and the Fairfield Education Association recognize and declare that providing a quality education for the children of the Fairfield School District is their mutual aim and that the character of such education depends predominately upon their method of cooperation.
THIS AGREEMENT is made and entered into this 22nd17th day of JulMarch, 2008 between the Board of Education of the Township of Fairfield, Essex County, New Jersey, hereinafter referred to as THE BOARD, and the Fairfield Education Association, hereinafter referred to as THE ASSOCIATION.
WHEREAS, the parties have reached certain understandings which they wish to embody in a written Agreement; and
WHEREAS, these certain understandings have been reached between the Board and the Association, the said Association being the exclusive and sole representative for collective negotiation concerning grievances and terms and conditions of employment for the unit of all instructional and educational support personnel, including non-confidential secretaries, custodians, and instructional aides, whether under contract or on leave, full or part-time, employed by the Board, excluding administrative, secretaries, custodians, cafeteria and playground aides, cafeteria personnel classroom aides, and substitute teachers.
NOW, THEREFORE, BE IT RESOLVED, that in consideration of the following mutual covenants, it is mutually agreed between the Board and the Association as follows:
DURATION OF AGREEMENT
The Agreement shall take effect on July 1, 20072004, and shall continue to June 30, 20102007.
MEDICAL INSURANCE COVERAGE
The Board hereby agrees to pay 100% of the group rate cost for providing Blue Shield and Blue Cross with Rider J coverage and Major Medical coverage, single plan for all employees, unless employee elects to decline coverage. In addition, the Board will pay 100% of the group rate for spouse and family coverage as specified above for all those employees in the Association's unit who elect the single coverage.
The Traditional Plan Annual Deductibles shall remain as follows:
Single Coverage: $200.00
Family Coverage: $400.00
The Board reserves the right to change plans, as long as benefits are not diminished and with the approval of both parties to this Agreement.
DENTAL INSURANCE COVERAGE
The Board agrees to pay the full cost for full family coverage for dental insurance with a $50 per person/$100 per employee and dependent or spouse/$150 per family annual deductible.
The Board reserves the right to change dental insurance plans, as long as benefits are not diminished and with the approval of both parties to this Agreement.
PRESCRIPTION PLAN INSURANCE COVERAGE
The Board hereby agrees to pay the full cost for full family coverage of prescription plan insurance. Prescription plan insurance coverage shall have $20.00 co-payment for brand-name prescriptions, $10.00 co-payment for generic brand prescriptions, and $10.00 for mail-in prescriptions and shall not cover costs of contraceptives. All other plan benefits shall remain unchanged. There shall be no cap on the prescription premium for the life of this Agreement. The Board reserves the right to change prescription plans, as long as benefits are not diminished, and with the approval of both parties to this Agreement.
OPTICAL INSURANCE COVERAGE
The Board hereby agrees to pay the full cost for full family coverage for an optical insurance program. The optical insurance coverage shall have no deductible. The Board reserves the right to change optical plans, as long as benefits are not diminished and with the approval of both parties to this Agreement.
NEW EMPLOYEE HEALTH COVERAGE
- Employees hired after September 1, 1998 with no previous experience in Fairfield or any previous Fairfield employee who has resigned, shall receive the following health insurance coverage:
The first three years shall include medical and prescription coverage as described in this Article.
The fourth year and thereafter the employee shall receive all health insurance coverage as described in this Article.
- Employees hired prior to September 1, 1998 shall receive benefits as set forth in the 1997-98 Agreement between the parties.
- Employees hired after July 1, 2004 can enroll in the POS (Point of Service) or PPO (Preferred Provider Plan) with full family coverage.
- As of July 1, 2004, there shall be no new enrollees in the Traditional Plan.
PART-TIME EMPLOYEE HEALTH BENEFIT COVERAGE
Part-Time For the purposes of receiving benefits under this Agreement, including medical coverage, i.e., Major Medical, optical, dental and prescription, "part-time" employees teachers must work an average of at least 24 hours per week. .Custodians, secretaries and instructional aides must work at least thirty-five (35) hours per week to be eligible for such medical benefits.
Upon submission of proof of alternate coverage, employees opting to decline medical coverage under the Board's plan shall be paid 50% of the premium saved by the Board. Election not to participate must be made by May 1 of any academic year; payment shall be made no later than September 1 of the following academic year. This program is entirely optional. Any employee who, having opted out, wishes to subsequently re-enroll may elect to do so during normal re-enrollment periods. This option shall apply to all health insurance provided by the Board.
If it is found that a Section 125 (IRS Code) plan must be established in order to limit the implication of implementing this provision, the Board agrees to file the appropriate forms seeking approval of same.
A. Statement of Purpose
It is the purpose of this procedure to secure, at the lowest possible administrative level, appropriate solutions to grievances of employees through predetermined and orderly procedures which shall be made available to all employees in an atmosphere free of coercion, interference, restraint, discrimination or threat of reprisal. However, it is to be noted and emphasized that the existence of this procedure is not necessarily intended to encourage the utilization hereof as a primary or first-instance means for the resolution of all grievances. Rather, employees, should they so elect, are specifically encouraged to seek resolutions of grievances through informal discussions on a day-to-day basis between relevant parties and thence to resort to the utilization of this more formal procedure should informal means fail to produce a satisfactory resolution.
1. A "grievance" is a claim based upon an event or condition which affects the terms and conditions of employment as stated in this contract of an employee or group of employees and/or a complaint that there has been an alleged violation, misapplication, misinterpretation of any of the provisions of this agreement or of any Board policy or administrative decision rendered thereunder. The term "grievance" shall not apply to any matter where:
- a method of review is prescribed by law or State Board Rules;
- the Board of Education is without authority to act;
(c) a complaint relates to the non-renewal or termination on notice of a non-tenured teacher's contract.
- An "aggrieved person" shall mean any member of the Fairfield Education Association bargaining unit making the claim and against whom the alleged violation, misapplication or misinterpretation of this agreement or of any Board policy of administrative decision rendered thereunder, causes personal loss or injury.
- Where it can be demonstrated that more than one employee is similarly aggrieved, a grievance may be presented bearing the signatures of each of the aggrieved employees.
- A grievance to be considered must be initiated within thirty (30) calendar days of its occurrence or within thirty (30) calendar days after the individual should have reasonably known of its occurrence. Any grievance filed after the prescribed interval shall be null and void.
- Any employee who has a grievance shall discuss it first with his immediate supervisor in an attempt to resolve the matter informally.
1. If, as a result of the discussion, the matter is not resolved within five (5) school days, he/she shall set forth in writing his/her grievances to the immediate supervisor specifying:
- the nature of the grievance and of the personal loss or injury,
- the results of the previous discussions and the basis of his/her dissatisfaction.
2. The immediate supervisor shall communicate his/her decision to the employee in writing within seven (7) school days of receipt of the written grievance.
In addition, within seven (7) school days, the immediate supervisor shall communicate to the Association the date and subject of the grievance filed.
1. The employee may appeal the immediate supervisor's decision to the Superintendent within five (5) school days of receipt of the immediate supervisor's decision. The employee's appeal to the Superintendent must be made in writing and must set forth the matter submitted to the immediate supervisor as specified above, as well as the basis for his/ her dissatisfaction with the decision previously rendered. In the event of non-compliance with any of the provisions as set forth, the grievance shall be considered dropped. The Superintendent shall render a decision within ten (10) school days of receipt of the appeal of the immediate supervisor's decision. The Superintendent shall communicate his decision in writing to the employee or employees and the Association.
1. If the grievance is not resolved to the employee's satisfaction, he/she .may, within five. (5) school days after receipt of the Superintendent's written decision, request review by the Board of Education. The request shall be submitted in writing through the Superintendent who shall attach all related papers and forward the request to the Board.
The Board, or a committee thereof, shall review the grievance and may, at its option, hold a hearing with the employee. A decision in writing shall be rendered within thirty (30) calendar days of receipt of the grievance by the Board or the date of the hearing with the employee, whichever comes later.
- The parties will first attempt to select a mutually acceptable arbitrator by submitting a list of five (5) names in writing to each other. Within ten (10) calendar days of receipt of the request for the appointment of an arbitrator, the parties shall meet to attempt to select an arbitrator from the names submitted.
- In the event a mutually acceptable arbitrator cannot be selected then the parties agree to be bound by the rules and procedures of the Public Employment Relations Commission (PERC).
3. All proceedings relative to the arbitration shall be held after regular school hours.
4. The arbitrator shall limit himself/herself to the issues submitted to him/her and shall consider nothing else. He/she shall neither add to nor subtract from the agreement between the parties. Within thirty (30) calendar days of the completion of the arbitration proceedings, the arbitrator shall submit to each party his/her decision in writing, which shall include findings of fact and reasoning. The decision of the arbitrator shall be advisory only.
5. The fees and expenses of the arbitrator shall be borne equally by the parties. The cost of a stenographic record shall be borne by the party requesting same, unless both parties make the request, in which the cost shall be borne equally. Each party shall bear the cost incurred by itself relative to the arbitration proceedings.
- All documents, communications and records dealing with the proceedings of a grievance shall be filed in a separate grievance file and shall not be kept in the personnel file of any of the participants.
- It is understood that the aggrieved employee shall, during and notwithstanding the pendency of any grievance, continue to observe all assignments and applicable rules and regulations of the Board until such grievance and any effect thereof shall have been fully determined.
- In the event grievances are filed in the months of May, June, July, or August, the time limitations as specified herein may be suspended by mutual agreement.
- An aggrieved person may have at his/her option, one representative and an N.J.E.A. representative present at any level of the grievance procedure.
- When a grievance affects a group or class of employees covered by this agreement said group or class may at their option select the Association as their representative.
- All steps of the procedure shall be confidential and conducted in private.
A. Salary Schedule
- Failure at any step of the procedure to communicate the decision on a grievance within the specified time limits shall permit the grievant to proceed to the next step. Failure at any step within the specified time limits shall be deemed to be waiver of further appeal of the decision.
- No restraint, coercion, discrimination, or reprisal of any kind shall be taken by the Board or by any member of the administration against any party in interest, any representative, any member of the Association or any other participant in the grievance procedure by reason of such participation.
B. Method of Payment
The salary schedule pertaining to all personnel included in the unit represented by the Association shall be as set forth on Schedule A annexed hereto. Those salaries that are not otherwise set forth on Schedule A shall be as set forth on. Schedule B annexed hereto and made a part hereof. Support Staff salary shall be set forth on Schedule C annexed hereto.
C. Reimbursement for Use of Auto
Each teacher employed on a 10 month basis shall have the option of being paid in twenty (20) equal semi-monthly installments, on approximately the 15th and last day of the month, or may individually elect to have a certain percentage of his/her monthly salary deducted from their pay. These funds shall be deposited monthly in a personal savings account in the name of the teacher and/or their estate. Accessibility to these funds, together with earned interest, shall be at the discretion of the individual teacher and/or their estate.
At or about the close of the school year, the Board of Education's Secretary shall notify each teacher, in writing, of the method of pay options. At the same time, written notice shall also be given to each teacher of their option to elect enrollment in the monthly United States Savings Bond Payroll Deduction Plan.
D. General Provisions
Teachers shall be reimbursed for the required use of their automobiles for travel in connection with their assigned duties. This reimbursement shall be at the IRS rate for the duration of this contract, subject to the voucher requirements of the business office.
E. Perfect Attendance
Newly hired Teachers may be placed on any salary guide step, without limitation, determined by the Board and agreed to by the teacher, except that year-for-year credit shall be granted for a minimum of two years of prior public school contractual teaching experience.
Credit will be granted for four (4) years military service with Honorable Discharge. Combined teaching and military service is not to exceed fourteen (14) years service.
Annual increments for satisfactory service shall be granted by the Board of Education upon recommendation of the chief school administrator. The Board of Education reserves the right upon recommendation of the chief school administrator to withhold, decrease, or reinstate any annual increment or adjustment pursuant to N.J.S.A. 18A:29-14. Such decision shall not be subject to the grievance procedure.
F. Representation Fee
Teachers, Full-time Custodians, Full-time Secretaries and Instructional Aides who maintain perfect attendance shall receive a $500 (five hundred dollar) stipend for each year of perfect attendance. Perfect attendance is defined to mean no use of sick days and no more than two (2) personal days, excluding bereavement days, during a full school year.
3. Demand and Return System: the Association represents that it has established a demand and return system and that the Association has informed each employee in the unit who is not a member of the Association of the establishment of the demand and return system and his or her right to demand and receive a return of any part of the fee paid by the non-member for any of the reasons set forth in N.J.S.A. 34:13A-5.6(c).
- Purpose of Fee - If an employee does not become a member of the Association during any membership year (i.e., September 1 to 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. The purpose of this fee will be to offset the employee's per capita cost of services rendered by the Association as majority representative.
- Amount of Fee/Notification - At the onset 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/fee-payers will be determined by an impartial arbitrator in accordance with the law and shall not exceed 85% of the Association's regular membership dues.
4. Deduction and Transmission of Fee
- Notification - On or about October 1 of each year, the Board will submit to the Association a list of all employees in the bargaining unit. On or about January 1st of each year, the Association shall provide the Board with the names of those employees who are required to pay the representation fee.
- Payroll Deduction Schedule - The Board will deduct from the salaries of the employees referred to in Section F the full amount of the yearly representation fee in equal installments beginning with the first paycheck in February.
- Mechanics - Except as otherwise provided in this section, the mechanics for the transmission of such fees to the Association will, as nearly as possible, be the same as those used for the transmission of regular membership dues to the Association.
- Changes - The Association will notify the Board in writing of any changes in the list provided for in Paragraph A above, and/or the amount of the representation fee, and such changes will be reflected in any deductions made more than thirty (30) days after the Board received said notice.
- New Employees - On or about the last day of each month, the Board will submit to the Association a list of all employees who began their employment in a bargaining unit position during the preceding thirty (30) day period. The list will include names, job titles, dates of employment, and places of assignment for all such employees. The Board will also notify the Association of any change in the status of an employee regarding transfer, leave of absence, return from leave, retirement, resignation, separation from employment, or death.
- The AssocationAssociation shall indemnify and hold the employer harmless against any and all claims,demandsclaims, demands, suits and other forms of liability, including liability for court expenses and reasonable attorney fees that may arise out of, or by reason of any action taken by the employer in conforming to this provision.
6. At least one representative from each unit (custodian, secretary and instructional aide) shall be allowed to attend Fairfield Education Associations meetings (approximately four (4) per year).
A. Sick Leave Days
All full-time personnel covered by this contract shall be entitled to ten (10) sick leave days each school year. All part-time personnel covered by this contract shall be entitled to ten (10) sick leave days each school year. Unused sick leave days shall be accumulative.
B. Frequent or Intermittent Absence
In the case of frequent or intermittent absence, an employee may be required to produce evidence of illness at the request of the Superintendent or building principal pursuant to N.J.S.A. 18A:30-4.
C Less Than One School Year Employment
A teacher who is employed for a term of employment under contract, or appointed as a permanent substitute, for less than one school year, will be granted sick leave privileges an a pro rata basis of one day per month for the term of the contract as per N J S A. 18A:30-2.
D. Written Notice of Sick Leave Days
Teachers shall be given a written sick leave days on or before September 15 of each year.
F. Unused Accumulated Sick Days
Days Payment RequirementDays 2004-2005 2005-2006 2006-2007 Requirement
A tenured teacher or staff requiring a certificate for the position who, during the term of this contract, retires shall receive a lump sum payment for each day of unused accumulated sick leave in accordance with the schedule outlined below, of which lump sum payment shall not exceed $16,000:
1-50 $30.00 $30.00 $30.00 Tenure
per day per day per day
51-100 $55.00 $55.00 $55.00 10 years
per day from per day from per day from min. service
day #1 day #1 day #1
101- $80.00 $80.00 $80.00 15 years per day from per day from per day from min. service
day #1 day #1 day #1
To a max of To a max of To a max of To a max of $16,000 $16,000 $16,000. $16,000
1-50 $30 per day Tenured Teacher
51-100 $55 per day from day #1 10 Yrs Minimum
Service to Board
101+ $80 per day from day #1 15 Yrs Minimum
Service to Board
Days Payment Requirement
A custodian or secretary who during the term of this contract, retires shall receive a lump sum payment for unused accumulated sick leave in accordance with the schedule outlined below, of which lump sum payment shall not exceed $8,500:
1-50 $25 per day Tenured Employee
51-100 $35 per day 10 Yrs Minimum
Service to Board
101+ $55 per day 15 Yrs Minimum
Service to Board
Days Payment Requirement
An instructional aide who during the term of this contract, retires shall receive a lump sum payment for unused accumulated sick leave in accordance with the schedule outlined below, of which lump sum payment shall not exceed $2,700:
1-50 $12.50 per day 3 Yrs Minimum
Service to Board
51-100 $17.50 per day 10 Yrs Minimum
Service to Board
101+ $27.50 per day 15 Yrs Minimum
Service to Board
At the discretion of the recipient, payment may be delayed until January 15 or thereabouts of the year after retirement. Should an employee eligible to receive this benefit die while actively employed, payment shall be made to the employee's estate.
TEMPORARY LEAVES OF ABSENCE
A. Personal Leave
B. Temporary Active Military Duty
It is recognized that situations arising from personal, legal, business, household, or family matters do occur and require the absence of the teacher from time to time during school hours; these personal days are not to be considered vacation days. Application for personal leave should be filed, stating one of the above reasons, with the building principal in advance of the day or days needed, when possible. The employees shall not be required to state the reason for such leave other than set forth above. The request shall remain confidential.
Full time employees and Kindergarten teachers shall be granted a maximum of five (5) personal days. Instructional Aides shall be granted a maximum of sixfour (64) personal days;, and part-time employees shall be granted a maximum of three (3) personal days. All requests for personal leave shall be approved by the Superintendent and shall not be unreasonably denied. Unused personal days will be added to employee's sick leave.
Time necessary shall be granted for persons called into temporary active duty during the school year, of any unit of the U.S. Reserves or the State National Guard. A teacher shall be paid his/her regular pay in addition to any pay which he/she received from the State or Federal Government for a period not exceeding sixty (60) calendar days.
- For all full time employees, Kindergarten teachers and instructional aides, up to five (5) school days shall be granted at any one time in the event of death in the immediate family. Immediate family shall be considered father, mother, spouse, child, brother, sister, brother-in-law, sister-in-law, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparents, or other member of the immediate household.
D. Professional Days
- One day, subject to the approval of the Superintendent, shall be granted at any time in the event of death in the non-immediate family. Approval shall not be unreasonably withheld.
- Days may be taken at any time within a two-week period after the death of an immediate family member.
Teachers shall be entitled to professional days for the purpose of visiting other schools or attending meetings or conferences of an educational nature, subject to approval of the Superintendent. Upon Superintendent's request, a written report shall be submitted to the Superintendent within five (5) school days.
A. FEA Business
B. Good Cause
If the President or other designee of the Association participates during working hours in any mutually scheduled grievance proceeding or other meeting, he/she shall suffer no loss in pay for up to two (2) days per year, non-accumulative. A representative from each unit (custodian, secretary and instructional aide) shall be allowed to attend FEA meetings (approximately 4 per year.)
Other leaves of absence with pay may be granted by the Board for good reason. The Board of Education's action shall not be subject to the filing of a grievance.
EXTENDED LEAVES OF ABSENCE
A. Military Leaves
Military leaves without pay shall be granted to any teacheremployee who is inducted or enlists in any branch of the Armed Forces of the United States for the period of said service and three (3) months thereafter, or three (3) months after recovery from any wound or sickness at the time of discharge.
A. Illness in the Family
B. Good Cause
At the discretion of the Board, tenured teachers may be granted a leave of absence without pay of up to one (1) year for the purpose of caring for a sick member of the teacher's immediate family, as defined in Article VI-C. An extension of this leave may be granted at the discretion of the Board.
Employees also may use the benefits afforded to them by the Federal Family and Medical Leave Act and the State Family Leave Act, so long as those laws remain in effect.
C. Returning from Extended Leave
For all employees, other leaves of absence, i.e., sabbatical, may be granted. Approval by the Board shall not be unreasonably withheld, but shall not be subject to the filing of a grievance.
Upon return from a Board-approved leave, the tenured teacher shall be reinstated in his/her same position, if it is available, or a similar position for which he/ she is certified.
The Board shall grant a leave of absence for medical reasons and disability associated with pregnancy and birth to pregnant employees on the same terms and conditions governing leaves of absence for illness or medical disability, as set forth in N.J.S.A. Title 18A: 30-1 et seq.
A. Use of Accumulated Sick Leave Days for Disability Associated with Pregnancy
Any teacheremployee, according to the provisions of this section, may at her discretion elect to use all or any part of her accumulated sick leave during the period of disability, thirty calendar days before and following the date of delivery and receive full pay and benefits for the same. Use of additional accumulated sick leave days, if any,' beyond the above stated disability period shall be contingent upon receipt of verification of additional disability by a duly licensed physician.
1. Any teacheremployee seeking such maternity leave shall apply to the Board sixty (60) calendar days prior to the beginning of the leave, except in the event of any unforeseen medical emergency, in which case application shall be made as soon as possible. At the time of application, the teacheremployee shall:
- submit a physician's verification of the expected date of delivery which shall determine the presumptive period of disability and the approximate duration of the leave .
- submit in writing, the dates on which the employee wishes to commence and terminate leave.
2. The Board may require the employeeteacher to produce a certificate additional documentation from a physician in support of any request for use of additional accumulated sick leave days, if any, beyond the period of disability.
3. If the Board's physician disagrees with the employee's physician, the dispute shall be submitted to the Essex County Medical Society who shall designate an impartial third physician to make an examination and his/her determination shall be conclusive and binding on the parties.
4. Where medical opinion is supportive of the leave dates requested, the Board shall grant such leave.
5. No employee shall be prevented from returning to work after childbirth solely on the ground that there has not been a time lapse between childbirth and the desired date of return. Certification from her physician that she is medically able to resume her duties must be presented to the Board.
6. Following the granting of such leave, the commencement and termination dates thereof may be further extended or reduced for medical reasons upon additional application by the employeeteacher to the Board, in accordance with the provisions of the following subsections A. l.a. and l.b. above. Such extension or reduction shall be granted by the Board for an additional reasonable period of time. The Board may require any employeeteacher to produce a physician's certification in support of the requested change subject to the procedures outlines above.
B. Leave Without Pay and Without Benefits for Disability Associated with Pregnancy or Childbirth.
- Upon return from maternity leave of absence, the employeeteacher shall be reinstated in her
same position if it is available, or a similar position. If a teacher she must be certified for such position. for which she is certified.
- Advancement on the salary guide shall be based upon the date of commencement of the unpaid maternity leave of absence. Advancement on the salary guide shall be
- Employee commences such leave of absence after January 31 in any given year; or
- If leave is effective prior to February 1, then position on guide remains the same upon returning to the district.
- Her teaching pPerformance substantially declines from the period preceding pregnancy; or
working; or (b) the Board's physician concludes she is unable to continue teaching
- Her physical condition or capacity renders her incapable of performing her assigned duties which shall be deemed to exist if, (a) employee the pregnant teacher fails to produce a physician's certificate that she is medically able to continue teaching or
or working; or
3. If there is a difference of opinion between the teacher'semployee’s attending physician and the physician designated by the Board as to the ability of the teacheremployee to continue her employment, the Essex County Medical Society shall designate an impartial third physician to make an examination and his/her determination shall be conclusive and binding on the parties. The Board shall pay the expense of the examination by the third physician.
D. Childrearing and Adoption Leaves
An unpaid leave of absence with benefits shall be granted to any teacheremployee because of childbirth or adoption of an infant or a child. Such leave may commence upon his/her de facto and/or de jure custody of said infant, or earlier, if necessary to fulfill the requirements for the adoption. The Board shall grant unpaid leave, with benefits for the foregoing, as well as for other reasons, as required by the federal and state family leave acts.
TEACHING HOURS AND TEACHING LOAD A. Calendar Committee
A Calendar Committee shall be established to make recommendations to the Board of Education in planning the annual school calendar. Such committee shall consist of one representative each from the Board of Education, Administration, Home-School Association, and the Fairfield Education Association. The day preceding the December holiday vacation shall be a one-session day.
A. Sign In/Out Roster
B. Arrival/Departure Times and Lunch Periods
All professional employees shall indicate their presence for duty by placing a check mark and their initials in the art appropriate column of the faculty sign-in and sign-out roster.
C. Out of Building Record
Teachers: The arrival and departure time shall be designated; however, the total in-school teacher workday shall, in general, not consist of more than seven (7) hours, which shall include a forty-five (45) minute duty free lunch period (excluding kindergarten staff). In an emergency, teachers shall be available to assist in supervision of the lunchroom/playground for each lunch period upon request of the administration.
Secretaries: The arrival departure time shall be designated; however the total workday during the school year shall consist of eight (8) hours (currently Monday through Friday 8:00 a.m. to 4:00 p.m), and shall include a thirty (30) minute lunch period; a morning 15-minute break and an afternoon 15-minute break. Summer hours shall commence at the end of the school year, whereas the workday shall not consist of no more than seven (7) hours (currently Monday through Friday 8:30 a.m. to 3:30 p.m), inclusive of lunch and a break.; a morning 15-minute break and an afternoon 15-minute break.
Custodians: The arrival and departure time shall be designated; however , custodians shall be assigned a day shift (currently 7:00 a.m. to 3:00 p.m.) or an evening shift (currently 3:00 p.m to 11:00 p.m. ), consisting of eight (8) hours per day including a thirty (30) minute lunch and two fifteen (15) minute breaks.
Instructional aides: The arrival and departure time shall be designated at the discretion of the Superintendent. Currently, instructional aides shall work one of the following shifts: 8:30 a.m. to 3:00 p.m.; 9:00 a.m. to 3:30 p.m.; or 8:30 to 2:00 p.m., and shall include a thirty (30) minute lunch. In lieu of scheduled breaks, instructional aides have been given an additional personal day, a total of four (4).
D. Other Departure Times
Employees may leave the building during their scheduled duty free lunch period, but shall initial a sign-in and sign-out "out of building" record.
On Fridays, days preceding holidays and/or vacation periods, days immediately following evening conferences, and on one-session days, the teachers, workday for teachers shall end after the departure of the last school bus. Secretaries work day shall end at 1:45 pm. preceding holidays, emergency closings and/or vacation periods. All other employees shall be unaffected by this provision.
F. Meetings/School Activities
It is understood that the aforementioned time schedule shall not apply for faculty or curriculum meetings, parent conferences, or supportive academic assistance for students. Advance notice and an agenda will be provided for faculty and curriculum meetings.
Teachers may be required to remain after the end of the pupil workday, without additional compensation, for the purpose of attending, but not limited to: general staff meetings, grade level meetings, developmental team meetings, district/faculty meetings, professional development (review) meetings and in service/training workshops.
- Staff meetings shall be called by the Superintendent or an administrator.
- In no event shall there be more than one (1) such meeting in any week.
- Meetings shall commence no later than ten (10) minutes after student dismissal and shall run no more than sixty (60) minutes except for in-service workshops which may run up to one and one-half (11/2) hours. Teachers shall have the opportunity to suggest items for the agenda of any district faculty meeting.
- Administrators shall designate a specific day of the week on which all meetings covered by this provision shall take place.
- Meetings which take place after the regular in-school workday and shall not be called on Fridays or on any day immediately preceding any holiday, or other day upon which teacher attendance is not required at school.
H. Professional In Service Workshops
- It is the intent of the Fairfield Board of Education to instruct the school administrators to arrange school-related activities in a manner that will require teacher attendance at no more than three evening meetings a year without equal released time. Kindergarten teachers are required to attend no more than three (3) evening meetings and / or school events each school year without equal release time at the request of the Superintendent. This will not apply to those meetings, which the teachers attend voluntarily.
I. Work Year
All teachers, including Kindergarten teachers may be required to attend up to three (3) professional in-service workshops per year from 3:30 P.M. to no later than 5:00 P.M. Compensation for attendance will be that the teacher is able to leave at the departure of the last school bus during the week of the workshop. Part-time Kindergarten teachers are required to attend no more than three (3) in-service workshops each per year beginning at 2:00 p.m. and ending at 3:30 p.m. No other compensation will be awarded. The building principal shall have the right to assign teachers to specific workshops. An attempt will be made to avoid scheduling a faculty or curriculum meeting during the week of a workshop.
J. Preparation Time
Teachers: The teacher work year shall not exceed one hundred eighty-five (185) days which shall include one preparation day at the commencement of the school year, one (1) day for in-service and a one-session day at the close of the school year for students. Teachers may leave when their professional responsibilities are completed on that day, The Board shall make reasonable efforts to insure that the in-service day can be utilized towards the State's continuing education requirement. This provision shall not apply to custodians, secretaries and instructional aides.
Custodians: The work year shall commence on July 1st and end on June 30th of each school year.
Secretaries: The work year shall consist of eleven (11) months and shall follow the school calendar. Secretaries shall be required to work five (5) days prior to the opening of the school year. Secretaries shall submit a request for unpaid time-off for July and August to the principal by December 31st of the school year and shall be granted this time off, subject to the approval of the Superintendent which shall not be unreasonably withheld, by February 1st.
Instructional Aides: The work year shall not exceed 183 days, during the school year.
Part-time non-certificated employees (those working less than thirty-five (35) hours per week) are not entitled to any holiday compensation
- Full time teachers shall be scheduled for not less than 200 minutes per week preparation time. There will be at least 20 minute blocks of prep time in the full time teachers’ schedules. Every effort will be made by the administration to spread out the 200 minutes over the entire work week in a reasonable and meaningful manner, allowing the teacher to make good use of this time.
- Full time Preschool and P.E. teachers shall be scheduled for not less than 195 minutes per week.
- 880% kindergarten teachers shall be scheduled for not less than 130150 minutes per week.
- Provided that their teaching schedules remain the same in the future as in 1997-98, special subject area teachers will continue to be scheduled for the number of weekly minutes set forth below:
- Subject Location Minutes per week
- Art District wide 180
- Computer/Library Churchill 200
- Computer Stevenson 200
- Library Stevenson 140
- Phys Ed Districtwide 200
- Phys Ed Stevenson, 210
- Phys Ed/Pre Stevenson 195
- Speech/Lang/ESL Districtwide 155
- Speech/Language Districtwide 190
- Music/Instrumental Districtwide 195
- Music Strings Districtwide 90
- Music/Vocal Stevenson 135
- Music/Vocal Churchill 80
- The Board shall make every reasonable effort to schedule the classroom teacher's preparation time for one such period per day.
- Preparation time for part-time teachers shall be calculated based on the number of hoursproportional to the amount of time worked in proportion to full-time positions receiving a minimum of 200 minutes per week of preparation time..
- The failure to schedule a teacher for a daily preparation period shall not be subject to the grievance procedure of the contract.
A. Written Notice
B. Vacancies Notification
All teachers shall be given written notice of their grade, building, room, subject, and salary assignment for the forthcoming year by June 1 of the preceding school year. Any modification of these assignments which occur after June 1, due to emergency situations, will be made by the Superintendent with notification to the personnel involved as soon as possible. A list of such teaching assignments shall simultaneously be sent to the Association.
C. Grade/Building Change Request
The Superintendent shall notify the Association president in writing with a list of the known vacancies as they occur.
Teachers who desire a change in grade and/ or building assignment may file a written statement with the Superintendent. Such statement shall include the grade, subject or building in order of preference. Such requests for change in assignment for the coming year shall be submitted no later than May 1.
Volunteers may submit their names to the Superintendent for consideration in the filling of vacancies.
A transfer or reassignment shall be made only after a meeting between the teacher involved and the principal no later than five (5) school days prior to June 1, at which time the teacher shall be notified of the reason therefore. In the event that a teacher objects to the transfer or reassignment at this meeting, upon request of the teacher, the Superintendent shall meet with him/her. The teacher may, at his/her option, have an Association representative present at such meeting.
TEACHER / EMPLOYEE EVALUATION
The term "observation" shall be construed to mean a visitation to an assigned work station by a certified supervisor of a local school district for the purposes of formally collecting data on the performance of a certificated staff member's assigned duties and responsibilities and of a duration appropriate to those duties and responsibilities.
The term "evaluation" shall be construed to mean a written evaluation prepared by the administrative or supervisory staff member who visits the work station for the purpose of observing a teaching staff member's performance of the instruction process.
B. PROCEDURES FOR TENURED AND NON-TENURED TEACHERS:
- All monitoring or observation of the work performance of a teacher shall be conducted openly and with the full knowledge of the teacher.
- Formal classroom observations for the purpose of assessing teacher performance and teacher evaluation shall be conducted only by personnel holding a supervisory certificate issued by the New Jersey State Board of Examiners.
- The type of form (i.e. narrative) used for formal classroom observation reports and teacher evaluation reports shall be only those that are developed with input from the Association, subject to approval by the administration.
1. Non-tenure Certificated Staff (Tenured and non-tenured) : evaluationsobservation reports shall be prepared by the principal / supervisor and submitted to the Superintendent after each "observation", three (3) times a year for non-tenure teachers and one (1) time a year for tenured teachers.
- Formal classroom observations by supervisory personnel (principals, supervisors, department chairpersons, etc.) shall include a follow-up conference with the teacher.
- A teacher, within a reasonable amount of time, but in no instance more than ten days after the observation, shall be entitled to a conference with the administrator preparing the observation report evaluation for the purpose of discussing the written evaluationobservation report. For non-tenured teachers only, the third (3'rd) conference shall also serve as the annual summary conference and shall include the annual summary performance report and the individual professional improvement plan and shall be signed by the principal / supervisor and the teacher within five (5) working days of the annual evaluation summary conference.
- When the written evaluationobservation report is prepared, this evaluation shall not be submitted to the central office, placed in the teacher's file or otherwise acted upon without first conducting the requisite post-observation conference with the teacher.
- The third evaluation shall serve as the annual summary performance report which shall include an individual professional improvement plan. The annual summary performance report shall be signed by the supervisor and the teacher within five (5) working days of the annual summary conference.
- For tenured teachers, the written evaluation shall also serve as the annual summary performance report which shall include an individual professional improvement plan. The annual summary performance report shall be signed by the principal / supervisor and the teacher within five (5) working days of the annual summary conference
- These evaluationswritten reports shall be prepared in triplicate with the original forwarded to the Superintendent, one (1) copy retained by the principal, and one (1) copy sent to the teacher.
2. Tenured Certificated Staff: evaluations shall be prepared by the principal and submitted to the Superintendent after each "observation", one (1) time a year for tenure teachers.
- Formal classroom observation by supervisory personnel (principals, supervisors, department chairpersons, etc.) shall include a follow-up conference with the teacher.
- A teacher, within a reasonable amount of time, but in no instance more than ten days after the observation, shall be entitled to a conference with the administrator preparing the evaluation for the purpose of discussing the written evaluation. The post observation conference shall also serve as the annual summary conference.
- The written evaluation shall also serve as the annual summary performance report which shall include an individual professional improvement plan. The annual summary performance report shall be signed by the supervisor and the teacher within five (5) working days of the annual summary conference.
3. 2. Evaluation: Non-tenured and Tenured Certificated Staff:
- This evaluation shall be prepared in triplicate with the original forwarded to the Superintendent, one (1) copy retained by the principal, and one (1) copy sent to the teacher.
Evaluations shall be written, addressed to the teacher, and shall include:
- Strengths and weaknesses of the teacher as observed during the period since the previous evaluation report.
- Specific suggestions as to measures which the teacher might take to improve his/her performance in each of the areas where weaknesses have been indicated.
3. All custodians, secretaries and instructional aides shall be evaluated at least once each school year prior to May 15th.
D. Personnel Files
An employee teacher shall have the right, upon request, to review personally the contents of his/her personnel file in the presence of the principal or Superintendent. The employeeteacher shall acknowledge, in writing, that he/she has seen the material in the personnel file. There shall be no other file which is not available for the teacher's inspection.
Prior to any material concerning conduct, service, character, or personality being placed in that teacher'employee’s file, the teacheremployee shall have the opportunity to review and respond to that material within thirty (30) school days after receipt of same.
At least once every year, aan employeeteacher shall have the right to indicate those documents and/or other materials in his/her file which he/she believes to be obsolete or otherwise inappropriate to retain. Said documents shall be reviewed by the Superintendent or his/her designee and, at the discretion of the Superintendent, they shall be either destroyed or retained. The employeeteacher shall also have the right to submit a written answer to such material and his/her answer shall be reviewed by the Superintendent or his/her designee and attached to the file copy.
REDUCTION IN FORCE AND REEMPLOYMENT
To the extent not inconsistent with Title 18A28-29 et seq. and the regulations of the Commissioner of Education, the parties agree that, for the purpose of this Agreement, "Seniority" shall mean the period of consecutive tenured employment by the employee in the district.
An employee dismissed by reason of a reduction in force shall be entitled to be placed and to remain upon a preferred eligibility list in order of seniority for reemployment whenever a vacancy occurs in the position from which such employee was dismissed; such employee shall be reemployed by the Board, if and when such vacancy occurs.
A. Notice of Recall
Notice of Recall to teachers to which this Article is applicable shall be given to those teachers on the preferred eligibility list by letter in order of seniority, within a reasonable time after such vacancy occurs. Such teachers shall have a reasonable period of time (but not to exceed thirty (30) calendar days after receiving notice) in which to give the Board notice of intent to return to the position.
- In the event such teacher shall fail to respond to the notice from the Board, or if he/she gives notice that he/she does not desire to return to the position, he/she shall forfeit his/ her seniority rights and shall be removed from the preferred eligibility list.
- Seniority shall not be accumulated during the period following dismissal by reason of reduction in force, but upon reemployment, pursuant to the terms of this Article, such employee shall have his accumulated seniority to the date of such dismissal.
- For custodians, secretaries and instructional aides “seniority” shall be defined as service for the Fairfield Board of Education as a member of this bargaining unit. The seniority list for each category of this unit shall be used in the event of a reduction in force.
TUITION REIMBURSEMENT FOR ADVANCED STUDIES
Teachers employed in the Fairfield School District and enrolled at an accredited institution for the purpose of advanced (graduate) study in their field of education.
For tenured teachers, reimbursement shall be for the cost of tuition and required registration fees at an accredited institution of higher education and shall be limited to a maximum of twelve (12) credit hours per teacher per year at a maximum rate not to exceed the dollar value per credit at State Teacher Colleges (i.e., Montclair State, William Paterson, and Kean College) and shall move on the salary guide accordingly. Further, the total amount of monies from which tuition reimbursement may be drawn for each school year is seventeen thousand ($17,000) $17, 500 for the 2007-2008 school year; $18,000 for the 2008-2009 school year; and $18,500 for the 2009-2010 school year. In order to be eligible to receive such tuition reimbursement, the following preconditions must be met in all cases:
- That it remains within the discretion of the Superintendent of Schools and Board of Education to determine that the course taken is relevant and directly related to the individual's teaching assignment within the district.
- All courses and programs for advanced study and/or certification to be reimbursed under this program will have prior approval of the Superintendent.
- That, in order to obtain tuition reimbursement, the individual submits an official receipt of the tuition paid.
- Upon completion of the approved course of study, tenured teachers will receive their reimbursement to the extent of this policy. Non-tenured teachers will receive their reimbursement to the extent of this policy upon the signing of a fourth year contract, consistent with existing practice.
Effective July 1, 2008, non-tenured teachers will receive their reimbursement to the extent of this policy as follows:
a) Non-tenured teachers are not entitled to reimbursement or movement on the salary guide during the first year of employment.
b) Non-tenured teachers are entitled to movement on the salary guide for a maximum of three (3) credit hours per teacher per year during the second year of employment. There will be no reimbursement for these credits, unless approval has been obtained prior to ratification of this contract.
c) Non-tenured teachers are entitled to movement on the salary guide for a maximum of six (6) credit hours per teacher per year during the third year of employment. There will be no reimbursement for these credits.
d) Teachers shall become eligible for reimbursement pursuant to this Article XIII, prospectively upon the signing of their fourth year contract. Teachers shall not be entitled to reimbursement retroactively for credits earned prior to acquiring tenure with the District.
A. Annual Salary Schedule Adjustment
B. Special Conditions
Courses shall be taken at a time that does not conflict with the duties or hours of the school program, unless with prior approval of the Superintendent.
E. The Board shall pay for all courses, workshops or training for custodians, secretaries and instructional aides that the Board deems necessary to improve their skills at the recommendation of the Superintendent. The Board shall make the final determination as to whether the coursework is beneficial to the District.
ARTICLE XIVThe Board of Education may offer graduate in-service teacher education courses on an elective basis to teachers. Salary credit for teachers’ participation in such courses will be determined in advance and awarded upon successful completion of the course. The Continuing Education Units (C.E.U.) shall be comparable in value to be awarded at the graduate college level.
IN SERVICE GRADUATE ADVANCEMENT
Equivalency credits towards the salary guide shall be granted when approved in advance by the Superintendent of Schools for in-service training sponsored by the Board of Education or any other approved institution or school district.
The Board and the Association agree that negotiations between the Board and the Association concerning the terms and conditions of employment for the contract which shall succeed this Agreement shall commence no later than October 15, 20092007, and shall thereafter continue at reasonable times, and shall continue on a schedule determined at the first meeting and shall thereafter proceed with a view toward concluding on or before June 30, 20102007.
SUBSEQUENT NEGOTIATIONS PROCEDURE
NON-REPRISAL FOR NEGOTIATIONS PARTICIPATION
- No employee participating in the negotiations procedure shall be subject to coercion, restraint, discrimination or reprisal in his/her employment by reason of such participation.
- No reprisals of any kind shall be taken by the Board of Education or by any member of the Administration against any representative, any member of the Association, or any party in interest.
ARTICLE XVIINothing in this Agreement shall be construed to diminish or remove from the Fairfield Board of Education the authority or responsibilities which are vested in it by law. It is recognized by the parties that the Board is vested by the laws of the State of New Jersey_ with the management and control of all of the public schools in the School District. This authority of the Board shall include, but shall not be limited to, the right to hire, discharge or discipline teachers for cause, the authority to make such rules and regulations, and to do all things as are necessary for the government and management of the schools, unless explicitly curtailed by this agreement. Nothing is this Agreement shall constitute a derogation or transfer of the authority of the Board as established by the laws of the State of New Jersey.
ARTICLE XVIIIThe cost of publication of this Agreement will be paid for by the Fairfield Board of Education. The Agreement shall be reproduced within ninety (90) calendar days after it has been signed. Distribution shall be the responsibility of the respective party.
PRINTING AND DISTRIBUTION OF THE NEGOTIATED AGREEMENT
ARTICLE XIX MENTOR1NG
All vacancies for teacher mentoring positions will be posted. The Board shall pay a mentor teacher a minimum of $250 per year up to the maximum amount provided by the State of this purpose, if and only if, said State funding is provided and continues. The provisional teachers will pay the state recommended fee to the mentor teacher.
SEPARABILITY AND SAVINGS
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 or held to be invalid by a tribunal of competent jurisdiction, 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.
Full-time custodians, working at least 35 hours per week, shall be entitled to the following vacation time based on their individual years of service with the Fairfield Board of Education:
Less than 1 year shall accrue 1 vacation day per month
Each custodian shall be eligible to receive the following allowances:
1-5 years 10 vacation days per year
6-10 years 15 vacation days per year
10-20 years 20 vacation days per year
20+ years 22 vacation days per year
Part-time custodians shall accrue vacation days at ˝ day per month worked up to a maximum of five (5) days. Upon the second year of employment and thereafter, vacation days are established at one (1) day per month up to a maximum of ten (10) days per year.
Vacation days may not be accumulated on a year to year basis.
Work shoes allotment of $125 per year.
A uniform allotment of $250 in 2007-2008; $275 in 2008-2009; and $300 in 2009-2010.
Commencing July 1, 2008, eligible “Black Seal” custodians shall receive a $600 stipend annually.
A $300 stipend for those custodians assigned to and working the night shift.
Twelve month full-time custodians shall be entitled to the following holidays:
Part-time custodians will not be entitled to any holiday compensation.
4th of July Labor day
Thanksgiving Day New Year’s Day
Friday after Thanksgiving President’s Day
Christmas Eve Good Friday
Christmas Day Memorial Day
Four (4) floating holidays.
The floating holidays can be taken at the custodian ‘s discretion, but cannot be taken when school is in session. All floating holidays must be used by June 30th of every school year.
This Agreement incorporates the entire understanding of the parties on all issues covered and provided for herein, and during the terms of the Agreement, neither party shall be required to renegotiate concerning said issues for the period covered herein. However, in the event that the parties concur, this Agreement may be supplemented or modified by agreements negotiated and reduced to writing by the parties to be bound thereby.
FAIRFIELD BOARD OF EDUCATION
Teachers' Salary Guide
FAIRFIELD BOARD OF EDUCATION
Teacher's Salary Guide
FAIRFIELD BOARD OF EDUCATION
Teacher's Salary Guide
A. PART-TIME TEACHERS
- Part-time certified teaching staff members shall receive a pro-rata salary guide pay.
- Part-time teachers will be granted credit on the salary guide for prior continuous teaching experience in the Fairfield School District for up to ten (10) years; part-time teachers will be granted credit on the salary guide for prior public school teaching experience outside the Fairfield School District for a minimum of four (4) years up to a maximum of ten (10) years, at the Superintendent's discretion. All incoming part-time certified teachers will be treated similarly with respect to placement on the guide.
- In order to qualify for advancement on the salary guide, teaching staff members must be employed prior to February 1 of the prior school year.
2007-2008 $2,980 additional salary per annum
2008-2009 $3,110 additional salary per annum
2009-2010 $3,240 additional salary per annum
A. CURRICULUM AND SHEDULING
2007-08 $43.00 per hour
2008-09 $45.00 per hour
2009-10 $46.00 per hour
- STUDENT CONTACT PROGRAMS (including summer kindergarten, testing, counseling and placement)
2007-08 $52.00 per hour
2008-09 $54.00 per hour
2009-10 $57.00 per hour
A. FEDERAL/STATE GRANT PROGRAMS
2007-08 $55.00 per hour
2008-09 $58.00 per hour
2009-10 $60.00 per hour
F. SERVICE ACTIVITY COMPENSATION FOR MUSICAL EVENTS
Vocal Instrumental and Instrumental Strings
2007-08 $ 972.00 $ 972.00
2008-09 $1,013.00 $1,013.00
2009-10 $1,054.00 $1,054.00
G. COMPENSATION FOR CLASSROOM LOCATION CHANGE
H. STUDENT COUNCIL ADVISOR
2007-08 $ 972.00
2009-10 $1, 054.00
I ABILITY GROUPING
Four (4) hours per subject at Curriculum and Scheduling Hourly Rate.
FAIRFIELD BOARD OF EDUCATION
Custodian, Secretary and Instructional Aide Salary Guides
2007-2008 through 2009-2010
| #4 part time|
| #5 part time|
SPECIAL EDUCATION AIDES
Has a Degree or Certificate
$1.00 per hour increase each year (2007-2008 through 2009-2010)
Has passed the Highly Qualified Test
$.75 per hour increase each year (2007-2008 through 2009-2010)
Has no degree or certification, or has not taken the Highly Qualified Test
FOR THE FAIRFIELD BOARD OF EDUCATION
$.50 per hour increase each year (2007-2008 through 2009-2010)
Calendar Days: The term "calendar days" shall mean consecutive days including weekends and holidays (e.g., 10 calendar days from June 2 shall be June 12).
School Days: The term "school days" shall mean consecutive days in which classes are in session and students are present. In determining a number of school days, weekends and school holidays shall not be counted.
IN WITNESS WHEREOF, the parties have hereto caused this agreement to be executed by their duly authorized officers on the date and year aforesaid.
Joseph MatarazzoSandra Costa Alan PierceLinda Casale, Chairperson
Board President Board Negotiation otiationor Team
FOR THE FAIRFIELD EDUCATION ASSOCIATION
Cindy Tirrell & Kathleen Owens Nelida Vizzuso, Chair
Nelida Vizzuso, Teacher Negotiation Chairperson
Lisa Macintosh Angela DiFazio
Carol Janser Joy Gehm
Co-Presidents Elaine Pagano
Teacher Negotiation Team