NORTH BERGEN BOARD OF EDUCATION
NORTH BERGEN EDUCATION ASSOCIATION
CUSTODIAL AND MAINTENANCE EMPLOYEES, HOUSEKEEPING, AUDIO VISUAL
TECHNICIANS, SECURITY OFFICERS, COMPUTER TECHNICIANS AND BUS DRIVERS
JULY 1, 2004 THROUGH JUNE 30, 2006
TABLE OF CONTENTS
ARTICLE I RECOGNITION 3
ARTICLE II NEGOTIATIONS PROCEDURE 4
ARTICLE III GRIEVANCE PROCEDURE 5
ARTICLE IV ASSOCIATION RIGHTS AND PRIVILEGES 6
ARTICLE V SALARY AND HOURS OF WORK 8
ARTICLE VI EMPLOYEE RIGHTS 13
ARTICLE VII TRANSFER AND REASSIGNMENT 14
ARTICLE VIII JOB POSTING 15
ARTICLE IX SICK LEAVE & LEAVES OF ABSENCE
AND TERMINAL LEAVE COMPENSATION 15
ARTICLE X TEMPORARY LEAVE 18
ARTICLE XI EXTENDED SICK LEAVE 19
ARTICLE XII INSURANCE PROTECTION 19
ARTICLE XIII VACATIONS 20
ARTICLE XIV HOLIDAYS 21
ARTICLE XV SENIORITY AND JOB SECURITY 22
ARTICLE XVI DEDUCTIONS FROM SALARY 24
ARTICLE XVII NO STRIKE CLAUSE 27
ARTICLE XVIII LONGEVITY 28
ARTICLE XIX LICENSES 28
ARTICLE XX MISCELLANEOUS 29
ARTICLE XXI WORK INCURRED INJURY 31
ARTICLE XXII SEPARABILITY & SAVINGS 31
ARTICLE XXIII BOARD RIGHTS AND RESPONSIBILITIES 31
ARTICLE XXIV EMPLOYEE PROTECTION 32
ARTICLE XXV AUDIO VISUAL TECHNICIAN
& SECURITY OFFICERS 34
ARTICLE XXVI SALARY GUIDES 35
ARTICLE XXVII DURATION 36
This agreement entered into as of the first day of July, 2004 between the North Bergen Board of Education, hereinafter referred to as the “Board”, and the North Bergen Education Association, affiliated with the New Jersey Education Association, hereinafter referred to as the “Association” represents the complete and final understanding on all bargainable issues which were or could have been the subject of negotiations between the parties.
WHEREAS, the Association has been certified as the majority representative for all custodial, maintenance employees, housekeeping employees, audio visual technician(s), security officers, computer technicians and bus drivers; and
WHEREAS, the Board, by virtue thereof, has recognized the said Association as the sole exclusive bargaining agent for all custodial and maintenance employees, housekeeping personnel, audio-visual technician(s), security officers, computer technicians and bus drivers of the Board.
NOW, THEREFORE, it is mutually agreed between the parties, as follows:
Section 1. The Board recognizes the North Bergen Education
Association as the sole and exclusive bargaining agent for collective
negotiations concerning the terms and conditions of employment for
all employees within the unit, including:
Head Custodian Housekeeping
Custodians Bus Driver(s)
Security Officers Audio Visual Technician(s)
Excluding Superintendent of Building and Grounds, Maintenance
Supervisor and Administrative Assistant to Maintenance Supervisor,
and all other confidential, managerial and supervisory employees.
Section 2 Unless otherwise indicated, the term “employees”,
when used hereinafter in this Agreement, shall refer to all
employees represented by the Association in the negotiating unit as
above defined, and references to male employees shall include
Section 1. The parties agree to enter into collective
negotiations over a successor Agreement in accordance with N.J.S.A.
34:13A-1 et seq., in a good faith effort to reach agreement on all
matters concerning the terms and conditions of employment. Such
negotiations shall begin not later then October 15 of the calendar
year preceding the calendar year in which this Agreement expires.
Any Agreement so negotiated shall apply to all employees, be
reduced to writing, be signed by the Board and the Association, and
be adopted by the Board.
Section 2. During negotiations, the Board and the Association
shall present relevant data, exchange points of view and make
proposals and counter proposals. The Board shall make available to
the Association for inspection all pertinent records, data, and
information of the North Bergen School District.
Section 3. Neither party in any negotiations shall have any
control over the selection of the negotiating representatives of the
other party. The parties mutually pledge that their representatives
shall be clothed with all necessary power and authority to make
proposals, consider proposals, and make counter proposals in the
course of negotiations.
Section 4. Representatives of the Board and the Association’s
negotiating committee shall meet at the request of either party for
the purpose of reviewing the administration of the Agreement and to
resolve problems that may arise These meetings are not intended
to bypass the grievance procedure.
Section 5. The Board agrees not to negotiate concerning said
employees in the negotiating unit as defined in ARTICLE I of this
agreement with any organization other than the Association for the
duration of this Agreement.
Section 6. This Agreement shall not be modified in whole or
in part by the parties except by an instrument in writing duly
executed by both parties.
Section 1. Any difference or dispute between the Board and
the Association relating to the terms of this Agreement or its
interpretation or application or the enforcement thereof, shall be
subject to the following procedures which shall be resorted to as
the sole means of obtaining adjustment of the dispute, which shall
hereafter be referred to as a “Grievance”.
A. The Grievance, when it first arises, shall be taken up
orally between the employee and the Assistant Superintendent
of Business. The Employee has the right to be accompanied by the
Association Representative. All such meetings shall take place after
working hours unless such time would not be feasible.
B. If this grievance is not settled during this first informal
conference, then such grievance shall be reduced to writing by
the Association Representative and served upon the Secretary
of the Board at an early date. Where a written grievance has
been served upon the Board, the designated representative of
the Board will consider such grievance and such Board
representative shall confer with the employee or Association
Representative within seven (7) working days, after the
written grievance has been filed with the Secretary of the
Board and give a written answer thereto within
In the event the grievance is not satisfactorily settled by the
discussion in Step One, then the same shall be the subject of a
conference between the Association and the Board at its next
In the event the grievance is not satisfactorily settled by the
conference in Step Two, within fifteen (15) days then the matter
may be referred by the grieving party to the Public Employment
Relations Commission (PERC), which is empowered to hear and
determine the propriety of the grievance and its decision thereon
shall be final and binding upon both parties. The Association shall
copy the Board on all correspondence to PERC.
Section 2. The cost of arbitration shall be shared equally by
the Board and the Association. Any other expenses, including but not
limited to the presentation of witnesses, shall be paid by the party
Section 3. Only the parties of this Agreement shall have the
right to request any hearing under this article.
Section 4 It is agreed that the arbitrator may not change,
modify, alter, substitute, add to, or subtract from the provisions of
this Agreement. No dispute arising out of any question pertaining to
the renewal of this Agreement shall be subject to the arbitration
provisions of this Agreement.
Section 5 In the event an award is made for back pay, it is
agreed that any employee earnings elsewhere during the period
covered by the award shall be deducted from the award.
Section 6 The decision of the arbitrator shall be in writing
and shall include the reasons for such decision, unless mutually
agreed to otherwise.
Section 7 Upon prior notice to and the authorization of the
Principal a designated Association Representative shall be permitted
as a member of the Grievance Committee to confer with employees
on specific grievances in accordance with the grievance procedure
set forth herein during work hours of employees.
Section 8 Only one (1) issue at a time may be submitted to a
ASSOCIATION RIGHTS AND PRIVILEGES
Section 1 Whenever any representative of the Association or
any employee participates during working hours in negotiations,
grievance proceedings, conferences or meetings, he/she shall suffer
no loss in pay.
Section 2. The Association and its representatives shall have
the right to use school buildings at all reasonable hours for
meetings. The principal of the building in question shall be notified
in advance of the time and place of all such meetings and shall
forward a request form to the Board Secretary for Board approval.
Section 3 The Association shall have the right to use school
facilities and equipment, including typewriters, mimeographing
machines, other duplicating equipment, calculating machines, and all
types of audio-visual equipment at reasonable times, when such
equipment is not otherwise in use. The Association shall pay for the
reasonable costs of all materials and supplies incidental to such use
and for any repairs necessitated as a result thereof.
Section 4 Adequate bulletin board space shall be reserved in
each work location in a place to be designated by the supervisor at
such work location, readily accessible to all members of the
bargaining unit, for the posting of Association notices and other
material dealing with proper and legitimate Association business.
All such notices and material shall bear the signature of a
responsible Association official or shall clearly indicate that its
issuer or publisher is the Association. The bulletin board space
shall be identified with the name of the Association. The authorized
representative of the Association shall be the sole person
empowered to post these materials on that board.
Section 5 The Association shall have the right to use the
inter-school mail facilities and school mail boxes for Association business.
Section 6 In the event there is no Association Representative
in any work location, an authorized representative from another
work location may be designated authorized representative of the
Association by a letter of authorization signed by the President of
the Association to carry out all duties and responsibilities of the
Association Representative as set forth in this Agreement. The
President and/or Vice-President shall be allowed to travel during
the workday from building to building provided that they inform
their building principal or immediate supervisor prior to leaving the
Section 7 The rights and privileges of the Association and its
representatives as set forth in this Agreement shall be granted to
the Association as the exclusive representative of the employees.
Section 8 Upon making timely application, employees may
apply to the Board for a leave of absence without pay, for the
purpose of attending Regional or National Association Conferences
or Conventions as authorized delegates. Such leaves of absence
shall in no event cumulatively exceed five (5) days during the
contract year. An employee shall, upon thirty (30) days notice, be
granted a leave of absence not exceeding one (1) year without pay, in
order to accept a position with the Association, for which period of
time the employee shall not accumulate any seniority, but upon
return to his/her position in the bargaining unit, the employee shall
resume his/her employment with full seniority accumulated by him/ her
to the time he/she left to commence such leave of absence and he/
she shall return with all rights, privileges and duties
appertaining to his/her position.
Section 9 The President and Vice President shall be allowed
two (2) days off for attendance at the N. J. E. A. Convention.
Section 10 The President of the Association or his/her
designee shall be provided at least forty (40) minutes per day within
their work schedule to conduct Association business.
Section 11 The Board shall send to the Association copies of
all notices, postings, letters or other correspondence sent to any of
its members or group of members.
Section 12 The Association shall receive a copy of a job
description for each category of employee covered herein and shall
be notified by the Board of any change to said job description.
SALARY AND HOURS OF WORK
Section 1 The salaries of all employees covered by this
Agreement are set forth in the Appendix.
Section 2 Overtime at the rate of time and one-half (1-1/2)
the regular hourly rate of pay shall be paid for all time worked in
excess of the shift as defined in this article except double time for
asbestos removal work, if the employee has an asbestos certificate.
Section 3 Employees will be paid time and one-half (1-1/2)
for all work performed either before or after their starting time or
for any work performed on Saturday.
Section 4 Employees will be paid double (2) their regular
hourly rate of pay for time worked on Sunday.
Section 5 There shall be the following working shifts, as follows:
A. Custodial First Shift 7:00 A.M. to 3:30 P.M.
B. Custodian assigned
(Nov. 1 to Mar. 31) 6:00 A.M. to 2:30 P.M.
(Apr. 1 to Oct. 31) 7:00 A.M. to 3:00 P.M.
C. Custodial Second Shift 3:00 P.M. to 11:30 P.M.
D. Custodial Third Shift 11:00 P.M. to 7:00 A.M.
E.1 Maintenance First Shift 6:00 A.M. to 1:30 P.M.
E.2 Maintenance First Shift 7:00 A.M. to 2:30 P.M.
E.3 Maintenance First Shift 8:00 A.M. to 3:30 P.M.
E.4 Maintenance First Shift 7:00 A.M. to 3:30 P.M.
(Volunteers, New Hires
and Custodians Who
Shift to Maintenance)
E.5 Maintenance Second Shift 3:30 P.M. to 11:00 P.M.
E.6 Maintenance Second Shift 3:00 P.M. to 11:30 P.M.
(Volunteers, New Hires
and Custodians Who
Shift to Maintenance)
F.1 Housekeeping 5 - 1/2 hours plus one-half
(Elementary) hour lunch
F.2 Housekeeping 5 hours plus one-half hour
(High School) lunch
G. Security Officers 6 hours including 40 minute lunch (shifts to be assigned
between 7:00 A.M. and 4:00 P.M.)
H. Audio Visual shift to be assigned during high school
Technician day for six hours and 47 minutes
including 40 minute duty free lunch
Between July 1 and August 15 of each contract year, 12-month employees will have the option to work 1/2 hour more from Monday through Thursday in exchange for a two hour early dismissal on Friday.
Section 23 The following are exempt from Sections 21 and 22 above:
Section 6 A one-half (1/2) hour lunch period shall be taken by
employees on their own time during a reasonable period of their
shift but not between 12:00 p. m. and 1:30 p. m. except at the
discretion of the principal.
Section 7 Time and one-half (1 - 1/2), in addition to holiday
pay, will be paid for all employees who will be required to work on
any paid holiday set forth herein.
Section 8 Custodians working the second shift shall be paid
an additional $80.00 per month; maintenance personnel
working the second shift shall be paid an additional $95.00 per
month. Any maintenance person employed after September 1, 1983,
may be assigned to the second shift.
Section 9 The hourly rate of pay to be used as a base in
computing overtime of each employee shall be determined by
dividing each employee’s weekly salary by the number of hours in
the regular work week during which such overtime occurs.
Section 10 When a legal holiday occurs on any regular work
day, such holiday shall be counted as a day worked for the purpose of
determining overtime for the week in which said holiday occurred.
Section 11 It is agreed there shall be no pyramiding of
overtime or premium rates; that is, an overtime or pyramid rate
need not be required to be paid on any other overtime or premium
Section 12 Employees called in to perform work in an
emergency shall receive a minimum of two (2) hours pay for such
work. Work contiguous with scheduled work day shall not be eligible
for recall payments, only the overtime rate.
Section 13 All part-time personnel shall have their salary
Section 14 If custodians are asked to perform duties of
Housekeeping employees due to an emergency not to exceed five (5)
consecutive days no additional compensation shall be given if such
work occurs during their regular work day.
Section 15 The Board may hire temporary employees for up to
thirty (30) days at a rate not to exceed base salary of a previously
Section 16 A. Ten-month housekeeping employees will follow the
teaching employees’ schedule and will not be required to
work when school is not in session.
B. The Board may hire twelve month
housekeeping personnel. In the event that the board is
desirous of hiring additional 12-month housekeeping
personnel, current 10-month housekeeping personnel will
have first rights to the position(s) on a seniority basis.All
twelve month housekeeping personnel shall be paid an
additional one-fifth (1/5) of his/her annual contractual
salary and shall be entitled to all vacations, holidays
and benefits listed in this contract. Twelve-month
housekeeping employees shall be subject to the same
work schedule as twelve-month custodians. As such,
twelve-month housekeeping employees are not
automatically eligible for school vacation days.
C. Any housekeeping employees assigned to
summer school shall be paid on a per diem basis.
Per diem pay shall be calculated as follows:
yearly salary/185 days
Section 17 A. The Board shall provide a clothing allowance
effective July 1, 2001 of $550.00 per employee.
Said payment shall be made in a separate check no
later than November 30 of any year. Effective July 1, 2004,
the Board shall also provide a boot allowance of $50.00 per
employee. A new employee commencing work on or after
July 1 through December 31 shall receive the above
allowances. A new employee commencing work on
or after January 1 through June 30 shall receive one-half of
the above allowances.
B. The Board will issue a request for uniform sizes to the employees by June 1. Employees must respond by June 15.
C. On September 1 of each year, each employee shall
receive a new uniform set (4 t-shirts, 2 pairs of pants, 2
long sleeve workshirts and 1sweatshirt. A new employee
commencing work on or after July 1 through December 31
shall receive two extra pairs of work pants and two extra
long sleeve workshirts. Anyone needing a replacement for
any part of a uniform set shall submit a Uniform
Replacement Form to his/her supervisor with a
copy to the Board Secretary. A replacement will be
forthcoming within 30 days of submission of the
form or the employee shall be paid $50.00 to
replace his/her uniform. The Board has a right to
evaluate the request and if it deems a replacement
unnecessary it shall notify the employee in
writing, within 29 days of receiving such a
request, that his/her request is denied. The Board
of Education shall also provide a parka with a hood
and a sweatshirt for winter.
D. Except as set forth herein, any employee failing to
wear the Board policy uniform will be sent home to change
and shall be docked salary hours for all time off job. From
July 1 through August 31, an employee may substitute
shorts of his/her own for the uniform pants if the Supervisor
deems it permissible.
Section 18 The Board shall provide cold weather/inclement
weather clothing and equipment.
Section 19 All overtime pay shall be paid in a separate check
or in the regular paycheck with the number of hours indicated on the
Section 20 Overtime shall be assigned on an equitable basis.
Any inequitable assignment, based upon the determination of the
Association, shall be subject to the grievance procedure.
Section 21 Lists will be formulated based on seniority in the maintenance
department and among the custodians for each school. “One” shall be
most senior. Opportunity for overtime is to be based on said lists. Rotation of
lists shall be from “top” position to “bottom”.
Section 22 Opportunity for overtime shall be given by personal contact or
telephone. A person shall be deemed to have been offered overtime and
served same based on: (a) actual time worked; (b) refusal to work when
offered the opportunity; or (c) person could not be contacted after a reasonable
attempt has been made. Employees absent from work on the next regular
work day following an overtime assignment may be required to submit a
doctor’s note. Failure to do so upon request will result in a loss of one cycle in
the overtime rotation. It is the responsibility of an employee to supply an
updated phone number to the Supervisor of Custodians and Maintenance.
(a) black seal related overtime assignments under Section 25 of this Article;
(b) overtime assignments of the licensed electricians; (c) vehicle snow plowing
overtime assignments; and (d) overtime assignments of the designated
fire/burglar alarm contact person.
Section 24 Accurate logs of attempted contacts, refusals and assignments
will be maintained by the Director of Facilities or another Board designee. The
logs shall be made available to the Association for inspection upon request.
Section 25 Custodians assigned as boiler person to a building
shall be assigned for a minimum of one year and shall be responsible
for the weekend and holiday check of that building’s boiler. During the
weekend and holiday check, these employees are required to be in the building for two hours and to perform such additional custodial duties as assigned.
The Board of Education may change the custodian assigned as boiler person
on September 1 and January 1 of the school year.
Section 26 Any Unit member smoking in the school buildings
will be subject to a $100.00 fine by the Board for each incident.
Section 27 If a pay day falls on a Holiday or other day off the
employee shall receive his/her check on the last day of work prior
to the Holiday or day off.
Section 28 Employees shall receive their checks prior to the
Section 29 Employees shall be given a break of fifteen (15)
minutes within the first three (3) hours of their respective shift.
Section 30 Employees shall be granted a fifteen (15) minute
period prior to the end of the work shift to put away equipment and
for personal cleanup.
Section 1 It is agreed that the parties hereto will not
discriminate against any employee or applicant for employment because of
age, race, creed, color, national origin, ancestry, marital status, affectional or
sexual orientation, or sex, and further, that no employee shall be
discriminated against or interfered with because of Association
Section 2 There shall be no discharge except for just and
sufficient cause. The Association shall be notified of the discharge
of any employee at the time of such discharge, which notification
shall set forth the reasons for the discharge.
Section 3 If an employee serves on Jury Duty, he/she shall be
paid full pay from the Board of Education and may keep the monies
from serving on Jury Duty. The employee must notify the Board
Secretary or his designee upon receipt of a summons for jury service. This
section is inapplicable when the employee has voluntarily sought jury service.
The employee must submit adequate proof of the time served on jury duty.
Section 4 Whenever any employee is required to appear weekend day, the day shall be replaced with another compensatory day
before any administrator or supervisor, Board, or any committee or
member thereof concerning any matter which could adversely affect
the continuation of that employee in his/her position, employment,
or the salary or any increments pertaining thereto, then he/she shall
be given prior notice of the reasons for such meeting or interview
and shall be entitled to have a representative (s) of the Association
present to advise and/or represent him/her during such meeting or
interview. Any suspension of any employee shall be pursuant to law.
TRANSFER AND REASSIGNMENT
Section 1 The Assistant Superintendent of Business is
appointed by the Board to oversee, supervise and assign tasks to the
employees. The Assistant Superintendent of Business shall report
periodically, in writing, to the Board concerning the efficiency and
effectiveness of the employees. The Superintendent, with the
Board’s approval, may transfer, for good cause, any employee to
another station, task or building within the job classification. Said
transfers or reassignments shall be made only after a meeting with
the employee involved, and at his/her option a representative (s) of
the Association and the Assistant Superintendent, at which time the
employee shall be given the reasons for the transfer or
Section 2 Any employee who so desires may request a
voluntary transfer to a new work location provided there is an
opening. All requests shall be put into a file and shall be considered
within fifteen (15) days of an opening prior to public posting.
Section 1 All new jobs and vacancies within the custodial,
maintenance and Housekeeping departments shall be posted
throughout the North Bergen School System in each building main
office and boiler room for a period of five (5) days. Copies of all
postings shall be sent to the Association President prior to posting.
SICK LEAVE & LEAVES OF
ABSENCE AND TERMINAL LEAVE COMPENSATION
Section 1 Twelve (12) days paid sick leave each year shall be
granted to all employees and the same shall be cumulative from year
to year. The Board, except as otherwise provided in this article,
shall not be required to pay for unused sick leave upon termination
of employment. Any employee hired after July 1, of any school year
shall be granted one (1) sick day per month until June 30 of the
contract year during which he/she was hired, and any unused sick day(s)
will go into his/her sick day bank. Thereafter, he/she shall be
granted sick days as per this article concerning full year
Section 2 An employee who is ill for three (3) days or more
may be required to submit a doctor’s certificate certifying such
illness. The school physician may examine an employee who is
absent for a period of more than one (1) week by reason of illness.
Section 3 Upon making timely application, employees may
apply to the Board for a leave of absence without pay for a period
not exceeding ninety (90) days. The reasons for such request shall
be made known to the Board, and the Board will give reasonable
consideration for such application.
Section 4 By September 30th of each year, the Board shall
notify the Association of how many sick days each employee has
accumulated in writing.
Section 5 A. Unit members having at least twenty (20) years of
continuous service or unit members attaining the age of sixty-five (65) and
having at least ten (10) years of continuous service in the
North Bergen School System immediately prior to termination of
employment shall, upon termination of employment, after notice as
otherwise provided in this Agreement for whatever reason, receive
terminal leave pay as follows:
One-half day’s pay for each accumulated unused sick day. A
day’s pay is defined at 1/280th of the member’s final annual
job classification salary
B. In addition, the estate of a unit member who dies
during the duration of this contract and who had at least ten
(10) years of continuous service in the North Bergen School
System shall receive such pay for accumulated sick days,
computed on the same basis as outlined above.
C. The Board agrees that any employee retiring
at age sixty-three (63) shall have any health
benefits paid by the Board until the employee
reaches age sixty-five (65).
Section 6 Sick leave is defined to mean absence from post or
duty because of personal disability due to illness or injury (non-job
related) or as a result of medical documented contagious disease in
the employee’s immediate household.
Section 7 Any employee who exhibits a pattern of sick leave
may be required by the Board to submit a physician’s written
statement certifying his/her disability. Abuse of sick time shall be
cause for disciplinary action.
Section 8 In the event of an extended verified illness which
goes beyond accumulated sick leave, an employee may be granted
additional sick time, by Board approval for an approved length of time
at the discretion of the Board and on a case by case basis,
at the following rate:
Up to one month 75% of the regular monthly salary;
2nd month or part thereof 50% of the regular monthly salary; and
Beyond 2nd month 25% of the regular monthly salary
Section 9 If it is necessary for an employee to be absent or
late, he/she must notify the school at the earliest practical time,
but in no event shall this notification be later than sixty (60)
minutes before he/she is scheduled to report to work. A phone
number to call will be provided by the Board.
Section 10 Except in case of emergency, an employee who is
absent for two (2) consecutive days or more and who does not notify
the school, shall forfeit pay for those days.
Section 11 In verifying possible abuse of sick leave, prior to a
decision being made by the Board, the individual will be given an
opportunity to respond and have a right to representation.
Section 12 Unused sick days may accumulate from year to year
with no limitations.
Section 13 A. Any employee who is not absent, except
as specified in section C below, shall receive
a perfect attendance bonus of $550.00
to be paid within 30 days of the end of the school
year in which it is earned. School year is defined as July 1
to June 30.
B. Any employee who is absent twenty (20)
sporadic days beyond their total of accumulated
sick leave days during a school year may be fined
at the following rates:
Effective July 1, 2001 $250.00
by the Board. Any illness of five (5) consecutive
days or more shall not be counted as sporadic.
C. For the purpose of Sections A and B above, the
following shall not be counted:
1. Funeral days for Parent, Spouse, Child
or anyone living in the employee’s household
for whom the employee has full
2. Jury Duty days, provided the employee
did not voluntarily attend.
Section 1 Bereavement pay shall be as follows:
A. Death in the immediate family provided such
absence does not exceed five (5) days absence within nine
(9) calendar days from the day of death. Immediate
family is defined as parent, spouse, brother, sister,
child, grandparent, mother-in-law, father-in-law,
sister-in-law, brother-in-law, daughter-in-law,
son-in-law, grandchildren, or any relative who
makes his/her home with the employee and is
considered a permanent member of the household.
B. Funeral of a relative other than defined above
or a close friend, provided such absence does not
exceed one (1) day and is limited to two days total in any
C. The Board may require proof of death of any
relative for bereavement leave.
Section 2 Each employee after one year of service shall be
entitled to four (4) Personal Days each year. Any Employee hired
after July 1, of any school year shall receive personal days prorated
quarterly, for each three months of employment, until June 30, of
the contract year during which he/she was hired. Thereafter, he/she
shall be granted personal days as per this article concerning full
year employment. Whenever possible, reasonable advance notice should be
given. Such Personal Days shall not be taken before or after a holiday unless
specifically approved by the Assistant Superintendent of Business.
EXTENDED SICK LEAVE
Section 1 The seniority rights of all employees who enlist or
who are drafted pursuant to an appropriate law now in force, or to
be enacted, shall be maintained during such period of military
service. Each such employee shall have the right to reinstatement
to his/her former position or to a position of equal status, at the
salary rate previously received by him/her at the time of his/her
induction into military service, together with all salary increases
granted by the Board to said employee’s previous position during the
period of such military service.
Section 2 Such reinstatement of veterans shall be upon
application theretofore made within ninety (90) days after such
employee is honorably discharged from service. This clause shall be
subject to all pertinent and applicable provisions of the Selective
Training and Service Act, as amended.
Section 1 The Board agrees to continue the present welfare
benefits including Blue Cross/Blue Shield, Rider J and Major Medical
for the employee and his/her dependents, with the prescription co-payment to
amount to no more than $5/$2 (name brand/generic) for a 30-day supply and
$5/$1 (name brand/generic) for a mail order 90-day supply.
Section 2 The Board agrees to provide dental and prescription
coverage for each employee and, where applicable, dependent(s)
Section 3 The Board agrees that, if an employee is out of
work because of a compensation injury, the Board will pay the
employee his/her regular wages each week for a period of up to one
(1) year. It is further understood that the Employee will be required
to endorse over to the Board the weekly compensation checks
received by the employee.
Section 1 On July 1 of each contract year, all employees shall be eligible for
vacation for that contract year as follows:
A. Employees with five (5) years or more of
service shall receive a paid four (4) week vacation
during each year.
B. Employees who have more than a one (1)
year’s service shall receive a paid three (3) week
vacation during each year.
C. Employees with less than one (1) year’s
service shall receive (1) day paid vacation for each
month of service.
Section 2 Any employee separated from employment prior to
May 1st shall not be entitled to any accrued vacation. The only
exception to this shall be retirees with fifteen (15) years or more
of service shall receive vacation pay prorated to the date of
Section 3 All vacations shall be by bid and the vacation shall
be granted by seniority. It is agreed that no more than one-half
(1/2) of the custodians from each elementary school shift and
one-half (1/2) of the custodians from each high school shift may be
on vacation at any one time.
Section 4 Vacations may be taken at any time during the year except the last
two weeks of June and the last two weeks of August. Any previously approved
vacation for the last two weeks in June 2005 shall remain approved unless a
change of those dates is requested by the employee. No other employee may
request a change to the last two weeks of June from this date forward.
Section 5 In the event that a paid holiday occurs during the
vacation period of an employee, the employee shall enjoy the
corresponding day off with pay in the later week; e.g., if a holiday
falls on a Monday during the employee’s vacation period, the
employee shall receive a Monday off in a later week.
Section 6 Employees shall give notice of vacation to his/her
supervisor and send a copy to the Board Office to the attention of
the Board Secretary and the payroll clerk. For an employee to
receive a check before leaving for vacation the employee must
request his/her vacation on or before May 1st. The vacation
schedule is subject to the approval of the Board Secretary who shall
notify the employees of the vacation schedule no later than May 15.
The Board will develop a process for vacation notification. In the
event that an employee desires a change in his/her vacation he/she
must notify the Board of the change. Such a change will be by
approval of the Board Secretary. No reasonable request may be
denied. Employees shall be limited to three (3) approved vacation change
requests each contract year and notice of the vacation change request must be
given a minimum of two (2) weeks in advance. Vacation changes are subject
to the provisions of section 3 above, except that employees requesting
changes may not use seniority rights to displace a previously assigned
vacation of another employee.
Section 7 Upon a request by the Board or approval of the
Board of an employee’s request, any individual who loses or does not
take vacation shall be paid for the unused vacation at his/her
regular rate of salary.
Section 1 Employees shall be paid at their regular rate of pay
for each of the following holidays:
New Year’s Day General Election Day
Martin Luther King’s Birthday Veterans’ Day
President’s Day N.J.E.A. Convention (1 day)
Good Friday Thanksgiving Day
Memorial Day Friday after Thanksgiving Day
Independence Day Christmas Eve Day
Labor Day Christmas Day
Columbus Day New Year’s Eve Day
Employee Birthday (if a weekend or holiday-- a day within 30 days
of the birthday)
Section 2 If a holiday falls on a day in which school is open or on a
to be agreed upon between the Board and the Association before June 30th
of the previous contract year. If no mutual agreement can be reached for a
replacement day, each employee will be paid one extra day at regular pay.
Section 3 If a holiday falls on a Sunday, it shall be celebrated
on Monday, if there is an official closing of school. Otherwise, a
scheduled compensatory day will be assigned that is in agreement
between the Association member and the Board of Education. Such
compensatory day shall be within thirty (30) days of the date of the
SENIORITY AND JOB SECURITY
Section 1 Newly engaged employees shall be deemed to be on
trial or probation for a period of eighteen (18) months from the date
Section 2 An employee promoted to a higher position shall be
deemed to be on trial from the date of such promotion for a period of
ninety (90) days. If it shall be determined by the Board during the
said trial period that the promoted employee is not qualified to
discharge the duties of the position to which he/she was promoted,
the employee shall resume his/her former position or a position
equivalent thereto. During the trial period, the employee shall
receive no increase in salary by reason of the promotion but shall, if
accepted in the new position, receive such an increase in salary
retroactive to the commencement date of the trial period.
Section 3 The Board shall have no responsibility for the
reemployment of newly engaged probationary employees if they are
dismissed during the eighteen month (18) probationary period.
Section 4 The probationary period may be extended by mutual
consent of the Board and the Association for an additional ninety
Section 5 The Board shall establish and maintain a seniority
list of employees names and date of employment from the date of
first hire on a system wide basis, with the employee with the
longest length of continuous and uninterrupted system wide service
to be placed at the top of said seniority list. The name of all
employees with shorter lengths of continuous service shall follow
the name of such senior employee, in order, until the name of the
employee with the shortest length of service appears at the foot of
the list. The seniority of such employee shall date from the
employee’s date of last hiring with the Board.
Section 6 The names of new employees whose trial periods
have not expired shall not be placed upon the seniority list, except
that, when an employee whose probationary period has been
completed becomes a regular employee of the Board, his/her name
shall be added to the seniority list and he/she shall be credited with
seniority from the date of his/her last hire.
Section 7 Should the Board determine that a reduction in
force is required for the efficient operation of the Board, then
employees shall be laid off from their jobs on a seniority basis;
namely, the person with the least seniority shall be laid off first.
In rehiring, the same principle shall apply; namely, the last person
separated shall be the first to be rehired.
Section 8 It is agreed that this provision relating to layoffs
shall be carried out consistent with the principle that employees
who are retained in employment and who are rehired shall have the
ability to satisfactorily perform the duties and responsibilities of
Section 9 In cases of emergency and all overtime, the
Association President shall be notified of all activity.
Section 10 For all newly hired employees within the bargaining
unit, the Board shall notify the Association President within ten
(10) days of their employment.
Section 11 Employees intending to leave the employ of the
Board shall give thirty (30) days notice to the Board. An employee
failing to give such notice to the Board shall thereby forfeit all
Section 12 Supervisory employees laid off shall have bumping
rights into this bargaining unit provided they have the qualifications
for such position.
DEDUCTIONS FROM SALARY
Section 1. The employer agrees it will give effect to the
following form of Association security:
A. All present employees who are members of the
Local Association on the effective date of this
Agreement shall remain members of the Local
Association in good standing by payment of the regular
monthly dues. All present employees who are not
members of the Local Association will pay a
representation fee as set forth hereafter.
B. It is agreed that at time of hire, newly hired
employees who fall within the bargaining unit will be
informed that they have the chance to join the
Association thirty (30) days thereafter or pay to the
Local Association a representation fee.
Section 2 CHECK-OFF OF ASSOCIATION FEES
A. The employer hereby agrees to deduct from the
wages of employees, by means of a check-off, the dues
uniformly required by the Association pursuant to the
provisions of N. J. S. A. 52:14-15.9E. The employer, after
receipt of written authorization from each individual
employee, agrees to deduct from the salaries of said
employees their monthly dues and initial fees. Such
deductions shall be made from the second salary payment paid
to each employee during the month and such deduction made
the first month shall be a double deduction and
thereafter the regular deduction shall apply to dues owed
for the following month.
B. In making the deductions and transmittals as above
specified, the employer shall rely upon the most recent
communication from the Association as to the amount of
monthly dues and proper amount of initiation fee. The
total deducted shall be paid to the Association within
fifteen (15) calendar days after such deduction is made.
Section 3 REPRESENTATION FEE
A. If an employee does not become a member of the
Association during any membership year (from July 1 to
the following June 30) 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 a majority
B. Prior to the beginning of each membership year, the
Association will notify the employer 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 non-members will be equal to 85% of
In order to adequately offset the per capita cost of
services rendered by the Association as majority
representative, the representation fee should be equal in
amount to the regular membership dues, initiation fees
and assessments charged by the Association to its own
members, and the representation fee has been set at 85%
of that amount solely because that is the maximum
presently allowed by law. If the law is changed in this
regard, the amount of the representation fee
automatically will be increased to the maximum
allowed, said increase to become effective as of the
beginning of the Association membership year
immediately following the effective date of the change.
C. 1. Once during each membership year covered in
whole or in part by this Agreement, the
Association will submit to the employer a list of
those employees who have not become members of
the Association for the then current membership
year. The employer will deduct from the salaries
of such employees, in accordance with Paragraph
2 below, the full amount of the representation fee
and promptly will transmit the amount so deducted
to the Association.
2. The employer will deduct the representation
fee in equal installments, as nearly as possible,
from the paychecks paid to each employee on the
aforesaid list during the remainder of the
membership year in question. The deductions will
begin with the first paycheck paid:
a. Ten (10) days after receipt of the
aforesaid list by the employer; or
b. Thirty (30) days after the employee
begins his/her employment in a bargaining
unit position, unless the employee previously
served in a bargaining unit position or was on
layoff, in which event, the deduction will
begin with the first paycheck paid ten (10)
days after the resumption of the employee’s
employment in a bargaining unit position,
whichever is later.
3. If an employee who is required to pay a
representative fee terminates his/her employment
with the employer before the Association has
received the full amount of the representation fee
to which it is entitled under this article, the
employer will deduct the unpaid portion of the fee
from the last paycheck paid to said employee
during the membership year in question.
4. Except as otherwise provided in this article,
the mechanics for the deduction of representation
fees and the transmission of such fees to the
Association will, as nearly as possible, be the
same as those used for the deduction and
transmission of regular membership dues to the
5. The Association will notify the employer, in
writing, of any changes in the list provided for in
Paragraph 1 above and/ or the amount of the
representation fee, and such changes will be
reflected in any deductions made more than ten
(10) days after the employer received said notice.
6. On or about the last day of each month,
beginning with the month this Agreement becomes
effective, the employer will submit to the
Association a list of all employees who began their
employment in a bargaining unit position during the
preceding 30 day trial period. This list will
include names, job titles and dates of employment
for all such employees. The employee further
agrees to notify the Association in the event dues
for an employee cannot be deducted from the
designated salary and the reason therefor.
7. The Association shall establish and maintain
at all times a demand and return system as
provided by N.J.S.A. 34:13A-5.5 (c) and 5.6, and
membership in the Association shall be available
to all employees in the unit on an equal basis at all
times. In the event the Association fails to
maintain such a system or if membership is not
available, the employer shall immediately cease
making said deductions.
Section 4 The Association shall indemnify, defend and hold
the Board harmless against any and all claims, demands, suits or
other forms of liability that shall arise out of or by reason of action
taken by the Board in reliance upon salary deduction authorization
cards as furnished by the Association to the Board, or reliance upon
the official notification on the letterhead of the Association and
signed by the President of the Association, advising of such change in
NO STRIKE CLAUSE
Section 1 It is agreed that the Association and employees
shall not call or engage in a strike (or threats thereof) and that the
Board shall not institute a lockout, for any cause whatsoever, during
the terms of this Agreement; nor shall the Association or any of the
employees cause or participate in any cessation of work, slowdown,
work stoppage or interference of any kind with normal Board
Section 2 The Association shall not be liable for any
strike, cessation of work, slowdown, work stoppage, or interference
of any kind with normal Board operations unless the Association has
authorized such strike, cessation of work, slowdown, work stoppage
or interference of any kind with normal Board operations or
participated in same.
All employees shall be eligible for longevity, on the first day of the month
following the completion of years of service, at the following rates:
YEARS LONGEVITY(ALL UNITS)
9 years $1,700
14 years $2,700
19 years $4,650
24 years $5,450
Section 1 Each employee holding a boiler license shall
receive $200.00 the first year that he/she holds said license,
$350.00 the second year, and $450.00 the third and each succeeding
year. The individuals who are assigned as boiler person in each
school shall receive $500.00 additional. Any boiler person, not
regularly assigned, but who is assigned to cover the boilers for a
period of time that exceeds 2/5 of the heating season (40 days)
shall also receive $500.00 additional. Heating season (October 15 -
April 15). The Board shall pay for the cost of schooling, tests and
for the cost of the Black Seal License.
Section 2 Plumber license $3,000.00 stipend.
Section 3 Electrician license $3,000.00 stipend.
Section 4 Any employee holding a state certification for
work with asbestos shall be paid at a rate of two (2) times their
regular hourly rate of pay for any time spent on any asbestos related
Section 5 In the event that a custodian assigned to building
boiler duties is absent work days in excess of his/her accumulated
contractual sick, vacation and personal days any time during the
contract year then the Board shall have the discretion to remove
him/her from the assignment of custodian assigned to building
boiler duties, prorating the additional assigned building boiler
license stipend and reassigning the individual to a full- time
custodial or maintenance position, regardless of any contract
provisions to the contrary.
Section 1 No employee shall make or be requested to make
any agreement or to enter into any understanding inconsistent or
conflicting with the terms of this Agreement.
Section 2 Employees not included in the bargaining unit, as
defined in Article I of this Agreement, shall not be permitted to
perform the work of employees in the aforesaid bargaining unit
except supervisory employees excluded in Recognition clause.
Section 3 No clause in this Agreement shall be construed or
interpreted as to imply any lowering of present wages or working
Section 4 Where the Board requires employees to wear
specific uniforms, work clothes, uniforms, gloves, or to use any
equipment, the cost thereof shall be borne by the Board. This
section shall be reviewed by the parties after one year.
Section 5 The rules of the Board covering unit members,
except as modified by this Agreement, will be observed.
Section 6 It is agreed that the parties will establish a safety
committee which will be comprised of three (3) employees selected
by the Association and three (3) individuals selected by the Board.
This committee shall meet at least once every two (2) months to
discuss safety conditions and procedures regarding the employees
covered under this Agreement.
Section 7 Waiver of any breach or condition of this
Agreement by either party shall not constitute a precedent for any
future enforcement of waiver of such breach or condition.
Section 8 The Board agrees that it will comply with state
law with respect to asbestos removal, hazardous waste
identification and other legitimate OSHA standards.
Section 9 Custodians/Housekeeping shall not be required to
clean the tables in the lunch room during or after the lunch period as
a result of students eating lunch in the Cafeteria. Custodians will
remove the garbage from the cans and bring it to the appropriate
location in or outside the building.
Section 10 If an employee exceeds his/her contractual or
banked sick, personal or vacation days or any extended sick leave
granted by the Board then said employee shall be docked one (1)
day’s pay for each additional day out. The Board shall dock said employee
within a sixty (60) day period from the event or it shall forfeit its right to dock
said employee for that day and the employee shall receive full pay.
If an employee is docked, the employee shall request, in writing, the
dates of the days taken.
Section 11 A. In the event an employee fails to punch
his/her time card for no apparent reason the Board
shall, after the first such occurrence notify the
employee in writing of such failure.
B. If said employee fails to punch his/her time
card for a second time with no apparent reason
then the employee shall be docked one-half (1/2)
day’s pay. If said employee fails to punch his/her
time card again with no apparent reason then the
employee shall be docked one (1) day’s pay for each
such occurrence. In the event an employee punches
in but not out or out but not in, he/she shall be
subject to being docked one-half (1/2) day’s pay
subject to the procedure above. The Association
shall be notified prior to any such docking of an
employee and shall meet with the Board to discuss
any apparent reasons. The employee shall be
docked within a sixty (60) day period of the event
or the Board shall forfeit its right to dock said
employee for that day and the employee shall
receive full pay.
WORK INCURRED INJURY
Employees who are injured, while working, whether slightly or severely, must make an immediate report within twenty-four hours (24) thereof to their Department Head or Supervisor.
SEPARABILITY & 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, 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.
BOARD RIGHTS AND RESPONSIBILITIES
A. The Board hereby retains and reserves unto itself, without
limitation, all powers, rights, duties and responsibilities conferred
upon and vested in it prior to the signing of this Agreement by the
laws and the Constitution of the State of New Jersey.
B. The exercise of the foregoing powers, rights, authority, duties
and responsibilities of the Board, the adoption of policies, rules,
regulations and practice in furtherance thereof, and the use of
judgment and discretion therewith shall be limited only by the
specific and express terms of this Agreement.
C. Nothing contained herein shall be construed to deny or restrict
the Board of its rights, responsibilities, and the authority under R. S.
18:A, School Laws of New Jersey, or any other national, state or
local laws or regulations as they pertain to education.
Section 1 At no time shall the Board or agent thereof assign
or direct an employee covered by this contract to any duties not
appropriate to their position and consistent with their general job
Section 2 Maintenance employees shall not be required to do
major renovation or construction beyond the normal maintenance of
the school building.
Section 3 All employees shall be properly trained and
provided with appropriate well maintained equipment. This training
shall include but not be limited to working with any hazardous
materials. In the event the employee is not provided with such
equipment he immediately notify his superior and prepare a
written report for submission to the Board Secretary or Assistant
Superintendent of Business. Written report forms will be available
in every office and boiler room.
Section 4 No employee shall be assigned to work alone at any
job site that requires the use of any equipment, ladders, scaffolding,
vehicles, etc. or that could constitute a hazardous situation, such
as working alone at night, etc. At his/her request the employee may be moved
to another work site.
Section 5 No employee shall be required to drive or use any
vehicles which have not been maintained in a proper and safe
Section 6 At no time shall employees be required to
supervise or be responsible for pupils at any work location.
However, they may be required to assist the certificated
administrators or teachers in control of students in emergency
situations when accompanied by those certificated staff members.
Section 7 A. All employees shall be evaluated by the
designated administrator/supervisor at least one
time in each school year, to be followed in each
instance by a written evaluation report and by a
conference between the employee and his/her
evaluator for the purpose of identifying any
strengths/weaknesses. Said conference shall take
place within ten (10) calendar days of receipt of
the evaluation report. An employee may submit a
written rebuttal within twelve (12) calendar days
of the conference. The evaluator shall extend
assistance where necessary.
B. All monitoring or observation of the work
performance of an employee shall be conducted
openly and with full knowledge of the employee.
C. An employee shall be given a written copy
of any visit or evaluation report prepared by his/
her evaluator at least one day before any
conference to discuss it. No such report shall be
placed in the employee’s file or otherwise acted
upon without prior conference with the employee.
No employee shall be required to sign a blank or
incomplete evaluation form.
AUDIO VISUAL TECHNICIAN
AND SECURITY OFFICERS
Section 1 The work year for security officers and audio visual technician
shall be from August 15th to the last school day.
Section 2 A. Ten (10) sick days per school year
B. Four (4) personal days per school year
Section 3 As to Security Officers, the work day shall be a six hour work
day which shall include a forty (40) minute duty-free lunch. Shifts may be
assigned between 7:00 a.m. and 4:00 p.m.
ARTICLE XXVI - SALARY GUIDES
Section 1 Twelve month employees hired prior to January 1 of a contract
year shall advance on the salary guide for the following contract year. Ten
month employees hired prior to February 1 of a contract year shall advance on
the salary guide for the following contract year.
Section 2 SALARY GUIDES
This Agreement shall be effective from July 1, 2004 and shall continue in
full force and effect for a period of two (2) years to June 30, 2006.
IN WITNESS WHEREOF, the parties have caused these presents to be signed by their duly authorized officers as of the day and year first above written.
NORTH BERGEN BOARD OF EDUCATION NORTH BERGEN EDUCATION ASSOCIATION
President Board of Education
Secretary Board of Education