i
AGREEMENT
Between
TENAFLY BOARD OF EDUCATION
and
TENAFLY EDUCATION ASSOCIATION
On Behalf of Aides Employees
for the period
July 1, 2004 to June 30, 2007
TABLE OF CONTENTS
ARTICLE PAGE
I. Recognition 1
A. Recognition of the Association 1
B. The Board’s Status 1
II. Negotiations Procedure 2
III. Employee Rights 2
IV. Association Rights and Responsibilities 2
A. Association Rights and Privileges 2
V. Leaves of Absence 3
A. Cumulative Sick Leave 3
B. Family Illness 3
C. Personal Leave 3
D. Bereavement Leave 3
VI. Insurance 3
VII. Credit Union and Tax Sheltered Annuity…………………………………………….4
VIII. Strikes – Lockouts 4
IX. Evaluation Procedure 4
X. Grievance Procedure…………………………………………………………………...5
A. Purpose 5
B. Definition of Terms 5
C. Time Limits…………………………………………………………………………5
D. Levels of Procedure 5
XI. Work Year/Work Hours for Full-Time Employees…………………………………...8
XII. Representation Fee 8
A. Purpose of Fee 8
B. Amount of Fee 8
C. Deduction and Transmission of Fee 8
D. Termination of Employment 8
XIII. Right of Representation 9
XIV. Printing of the Agreement 9
XV. Duration of the Agreement 9
XVI. Separability…………………………………………………………………………10
Appendix – Salaries……………………………………………………………………….11
AGREEMENT
This Agreement entered into this 22nd day of June, 2004 by and between the BOARD OF EDUCATION OF TENAFLY, BERGEN COUNTY, NEW JERSEY (hereinafter called the "Board") and the TENAFLY EDUCATION ASSOCIATION (hereinafter called the "Association").
ARTICLE I
RECOGNITION
A. Recognition of the Association
1. The Board hereby recognizes the Association as the exclusive representative of all Aides employees, whether currently under contract or on specified and approved leave, for the purpose of collective negotiations concerning the terms and conditions of employment of such aides, as provided for and pursuant to the provisions of the NJ Employer-Employee Relations Act.
2. The following employees are hereby excluded from the parameters of this agreement:
Teaching staff members; secretaries; custodians; supervisors; administrators; computer technicians; accountants; confidential employees; substitutes; substitute callers; and all other employees prohibited by the Public Employee Relations Act from engaging in collective bargaining.
3. The term “Employee(s)” as used in this Agreement refers to all Aides employees of the Board represented hereunder by the Association.
The Association agrees to furnish the Board with a list of officers and appropriate signed authorizations for the Association to represent said members.
B. The Board’s Status
1. The Association recognizes the Board as the public agency charged by the legislature, under the mandate of the New Jersey Constitution, with the management in the School District of the Borough of Tenafly to offer a thorough and efficient system of free public schools.
2. The Board hereby retains and reserves unto itself without limitations, other than those expressly set forth by law and by the specifications of this Agreement, all powers, rights, authority, duties and responsibilities conferred upon and vested in it by the laws and the Constitution of the State of New Jersey and of the United States.
3. The exercise of the foregoing powers, rights, authority, duties and responsibilities by the Board and its administrative staff, the adoption of policies, directives, rules, and regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the terms and provisions of this Agreement and the Constitution and laws of the State of New Jersey and the Constitution and laws of the United States.
ARTICLE II
NEGOTIATIONS PROCEDURE
The Board and the Association agree to meet at reasonable times and negotiate in good faith with respect to terms and condition of employment, in accordance with the provisions of the N.J. Employer-Employee Relations Act.
ARTICLE III
EMPLOYEE RIGHTS
A. The Board and the Association agree that every employee covered herein shall have the right to freely and without penalty or reprisal from, join and assist in any employee organization or to refrain from any such activity. N.J.S.A. 34:13A-5.3.
B. If space is available in the Tenafly Adult School classes employees may take relevant
courses without charge upon prior approval of the Superintendent.
ARTICLE IV
ASSOCIATION RIGHTS AND RESPONSIBILITIES
A. Association Rights and Privileges
1. The Board agrees that the Association shall have the right to use school buildings at reasonable hours for meetings provided the Principal of the building involved is given reasonable advance written notice and approves the request on the use of building form using these general guidelines and further provided that there is no conflict with school operations.
2. Officers of the Association shall have the right to transact official business on school property at reasonable times provided this does not interfere with school operation.
3. The Association shall have the right to make reasonable use of the inter-school mail system for distribution of Association materials provided this does not interfere with school operations and the building Principal and the Superintendent have been given a copy of the materials at the time of distribution.
4. The Association shall have the right to use the bulletin board in the aides’ staff area.
ARTICLE V
LEAVES OF ABSENCE
A. Cumulative Sick Leave
1. All Employees who are employed on a ten (10) month basis shall be awarded ten (10) days as sick leave credit for each school year in this district. Such sick leave credit shall be accumulative with no maximum limit. Sick leave is hereby defined in accordance with applicable provisions of N.J.S.A. 18A:30-1 et seq.
2. All Employees who are absent due to personal disability as a result of illness or injury shall be entitled to full pay for each day of such absence up to the number of days accumulated.
3. An Employee starting employment after the beginning of the school year shall receive a pro rata amount of sick leave credit based upon the length of the employment contract.
B. Family Illness
1. Three additional days per school year may be used by the Employee for serious
illness or injury to a member of Employee’s immediate family (husband, wife,
child, mother, father, sister, brother, mother-in-law, father-in-law, daughter-in-
law, son-in-law, domestic partner as defined by NJSA 26:8A-10, or any other
relative living in the Employee’s immediate household). Within five (5) after
returning to work, the Employee shall file with the Superintendent a physician’s certificate or sufficient explanation showing that the absence was
for said reasons. Unsubstantiated absences shall result in full deduction of pay.
Said “family illness” days shall not accumulate from year to year, meaning that
each Employee shall only be entitled to three (3) family days per school year.
C. Personal Leave
1. Employees shall be entitled to one (1) personal day for each school year. Said
day shall not be cumulative, and shall be either “use it or lose it”.
2. An Employee shall state in writing the reason for such requested leave. Said
request shall be made to the Employee’s Principal.
D. Bereavement Leave
Each Employee shall be entitled to three (3) bereavement days per year for a death in
the Employee’s immediate family, as described in paragraph B above, except that
“immediate family” shall also include grandchildren.
ARTICLE VI
INSURANCE
A. Health Insurance
The Board shall, pursuant to appropriate rules and regulations relating to the State
Health Benefits Program, pay one hundred (100) percent of the cost of the State
Health Benefits Plan (which shall include Blue Cross Blue Shield, and Major Medical)
for those Employees herein covered who receive a salary or wages for a minimum of
twenty (20) in-school work day hours per week, and for the spouses and dependent
children of such staff members.
B. Dental Coverage
Aide Employees herein covered who receive a salary or wages for a minimum of
twenty (20) in school hours of work per week shall be eligible to participate in the
dental insurance plan provided by the board on the same basis as teacher employees.
Coverage shall include spouses and dependent children.
ARTICLE VII
CREDIT UNION AND TAX SHELTERED ANNUITY
The Board agrees to make payroll deductions for the Paragon Teachers Federal Credit Union deposits, Prudential Insurance Company of America Group Tax Deferred Annuity Plan deposits or any other mutually agreed-upon plan, as may be requested by Employees, and to deposit these funds in such manner as may be prescribed by law.
ARTICLE VIII
STRIKES – LOCKOUTS
No lockout of Employees shall be instituted by the Board during the term of this Agreement. The Association agrees that, during the term of this Agreement, neither it nor its officers or members will engage in, encourage, sanction, support, or suggest any form of strike. In the event that Association members participate in such activities in violation of this provision, the Association shall notify those members so engaged to cease and desist from such activities and shall instruct the members to return to their normal duties. In the event that legislation is enacted legalizing public employee strikes, the provisions of this Article shall be null and void, and of no further force and effect.
ARTICLE IX
EVALUATION PROCEDURE
1 Each Employee shall receive a written evaluation at least once a year.
2. If, at an evaluation conference, the Employee and such person as shall be designated
by the Superintendent agree that there has been an oversight or a mistake of fact in connection with any evaluation, such evaluation shall be rewritten so as to correct the agreed upon oversight or mistake of fact.
3. The Employee shall have (10) ten days after receipt of evaluation to prepare a written
response to the evaluation if he/she so desires. Such written responses shall be attached to, and noted upon, the evaluation.
4. The evaluation process for all Employees shall be completed by May 15.
ARTICLE X
GRIEVANCE PROCEDURE
A. Purpose - The purpose of this Article is to establish a procedure under which a Grievance may be processed as rapidly as possible and resolved at the lowest possible level. All Parties in Interest shall endeavor to expedite the process and to keep the proceedings as informal and confidential as the procedure at any given level will permit.
B. Definition of Terms
"Grievance" is a claim of an Aggrieved Person concerning the interpretation, application, or violation of this Agreement or of Board policies or administrative decision affecting the terms and conditions of employment of an employee or group of employees covered by this Agreement. A grievance shall not be deemed to include: (a) any matter as to which a prescribed method of review is required by law, or by a rule or regulation of the Commissioner or State Board of Education; or (b) any matter as to which the Board does not have the legal authority to act.
"Aggrieved Person" is the Aide(s) or the Association claiming a Grievance.
"Party in Interest" is an Aggrieved Person and any other person who might be required to take action or against whom action might be taken in order to resolve a Grievance.
C. Time Limits
1. The number of days indicated on each level shall be considered as a
maximum. The time limits specified may, by mutual agreement, be enlarged or reduced.
2. The failure of an Aggrieved Person to proceed to the next level within the
specified time limits shall be deemed to be an acceptance of the decision
rendered at the level last resorted to and shall constitute a waiver of any further
proceedings on the basis of the Grievance in question.
3. In the event a Grievance is filed at such time that it cannot be processed
through all the steps in this Grievance Procedure by the end of the school year,
and, if left unresolved until the beginning of the following school year, could
result in irreparable harm to a Party of Interest, the time limits set forth herein
shall be reduced so that the Grievance Procedure may be exhausted prior to the
end of the school year or as soon thereafter as is practicable.
D. Levels of Procedure
1. Level One (Building Level) - Step One:
An Aggrieved Person with a Grievance shall, within forty-five (45) school
days after either the occurrence of the event or acts which give rise to the
Grievance or the date on which the Aggrieved Person knew of or would be
reasonably expected to know of such, first orally discuss it with his or her
Principal, or immediate supervisor, with the objective of resolving the matter
informally. Failure to act within said forty-five (45) school day period shall be
deemed to constitute an abandonment of the Grievance. The Aggrieved Person
and the appropriate Principal, or immediate supervisor shall, at the conclusion
of such oral discussion, execute a form acknowledging such discussion. The
Principal, or immediate supervisor, shall communicate his decision to the
Aggrieved Person within five (5) school days next following said oral
discussion. If the Principal, or immediate supervisor, fails to communicate his
decision within said five (5) school day period, the relief sought shall be
deemed denied and the Aggrieved Person may proceed to Step Two of Level
One of the Grievance Procedure.
Step Two:
If the relief sought in Step One of Level One is denied, the Aggrieved Person
may, within five (5) school days following the denial, file his Grievance in
writing with the Principal setting forth the specific allegations of fact which
gave rise to the Grievance, the specific provision(s) of the Agreement or Board
Policy or the particular past practice alleged to have been violated, the date as
of which the event or acts which gave rise to the Grievance first occurred, and
the relief sought. If the appeal is not timely filed in writing with the Principal,
the decision at Step one of Level One shall be final and the matter closed. If
the appeal is timely filed with the Principal, then the Principal shall
communicate his decision in writing to the Aggrieved Person within five (5)
school days next following the filing of the written Grievance. If the Principal
fails to communicate his decision in writing within the time prescribed, the
relief sought shall be deemed denied and the Aggrieved Person may proceed to
the next level of the Grievance Procedure.
2. Level Two (Superintendent's Level):
If the Aggrieved Person is not satisfied with the disposition of the Grievance at
Step Two of Level One, the Aggrieved Person may, within three (3) school
days after the decision at Level One, appeal the decision at Step Two of Level
One in writing to the Superintendent setting forth the respects in which the
Aggrieved Person disagrees with the decision at Step Two of Level One and
the action requested to be taken by the Superintendent. If the appeal is not
timely filed in writing with the Superintendent, the matter shall be orally
discussed between the Superintendent or his designee and the Aggrieved
Person. The Aggrieved Person and the Superintendent or his designee shall, at
the conclusion of such oral discussion, execute a form acknowledging such
discussion. The Superintendent or his designee shall communicate his decision
in writing to the Aggrieved Person within fifteen (15) school days after the
conclusion of said oral discussion. If the Superintendent or his designee fails
to communicate his decision in writing within the time prescribed, the appeal
shall be deemed denied and the Aggrieved Person may proceed to the next
3. Level Three (Board Level):
If the Aggrieved Person is not satisfied with the disposition of his Grievance at
Level Two, the Aggrieved Person may, within eight (8) school days after the
decision at Level Two, file an appeal in writing with the Board setting forth the
respects in which the Aggrieved Person disagrees with the decision of the
Superintendent and the action requested to be taken by the Board. If the
Aggrieved Person fails to timely file the written appeal with the Board, the
decision at Level Two shall be final and the matter closed. If the Aggrieved
Person files the written appeal with the Board within the time limit provided,
the matter shall be orally discussed by and between the Board, or its designee,
the Association and the affected Employee within ten (10) school days after
the appeal has been filed with the Board; and the Board, or its designee, shall
communicate its decision in writing to the Association within ten (10) school
days after the conclusion of said oral discussion. If the Board, or its designee,
fails to communicate its decision in writing within the time prescribed, the
appeal shall be deemed denied, and the Association may proceed to the next
.
4. Level Four (Arbitration Level):
If any Grievance is not resolved at Level Three, the Association may, within
ten (10) school days after the decision of the Board at Level Three, serve
written notice on the Board of its desire to submit the Grievances to advisory
arbitration as hereinafter provided. If timely notice is not served upon the
Board, the decision at Level Three shall be final and the matter closed.
5. Arbitration Procedures:
a. In the event that the Grievance is to be submitted to advisory arbitration
before an arbitrator, the Association and the Board shall attempt to
agree upon a mutually acceptable arbitrator and shall obtain a
commitment from said arbitrator to serve. If the parties are unable to
agree upon an arbitrator, the Association or the Board shall, within ten
(10) school days after the request to submit the Grievance to advisory
arbitration, request a list of arbitrators to be submitted by the Public
Employment Relations Commission (PERC). The Board and the
Association shall then be bound by the rules and procedures of the
Public Employment Relations Commission (PERC) in the selection of
an arbitrator.
b. The costs for the services of the arbitrator, including per diem
expenses, if any, and actual and necessary travel, subsistence expenses
and cost of the hearing room shall be paid by the party “losing” the
advisory arbitration. Any other expenses incurred shall be paid by the
party incurring the same.
c. The arbitrator’s decision shall be advisory only to the parties.
ARTICLE XI
WORK YEAR/WORK HOURS FOR FULL-TIME EMPLOYEES
1. The Employees’ work year shall be 174 days for elementary school lunch aides and 183 days for all other aides.
2. The work day for full-time aides shall consist of six (6) hours exclusive of a designated
lunch, which shall be of a duration of not less than a total of thirty (30) minutes.
Elementary lunch room aides’ work day shall consist of a minimum of one and three
quarter (1 ¾) hours.
3. When an out-of-district student is absent, the aide assigned to that student shall report
to the Tenafly Department of Special Services for re-assignment for that day(s).
ARTICLE XII
REPRESENTATION FEE A. Purpose of Fee:
If an Aide (hereinafter “Employee”) does not become a member of the Association
during any membership year (i.e., 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 (pro rated from the
date of the Employee’s initial employment) to offset the costs of services rendered by
the Association as majority representative.
B. Amount of Fee
Prior to the beginning of each membership year the Association will notify the Board
in writing of the aggregate 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 said
aggregate.
C. Deduction and Transmission of Fee
The Board agrees to deduct from the salary of any Employee who is not a member of
the Association for the current membership year the full amount of the representation
fee set forth in Section B above and promptly will transmit the amount so deducted to
the Association. The Board agrees to deduct the representation fee in equal
installments, as nearly as possible, from the paychecks paid to each Employee during
the remainder of the membership year in question. The deductions will begin sixty
(60) days after the Employee begins his or her employment in a bargaining unit
position.
D. Termination of Employment
If any Employee who is required to pay a representation fee terminates his or her
employment with the Board before the Association has received the full amount of the
representation fee to which it is entitled under this Article, the Board will deduct the
unpaid portion of the fee from the last paycheck paid to said Employee during the
membership year in question and promptly forward same to the Association.
ARTICLE XIII
RIGHT TO REPRESENTATION
Whenever any Employee shall be required to appear before any supervisor, administrator, or before the Board or any committee or member thereof in connection with a meeting which may result in the imposition of discipline or which may otherwise adversely affect the employment status of the Employee, including the continuation of employment, said Employee shall be notified in advance of said meeting and have the right to request that a representative of the Association be present to advise him during such meeting. This paragraph shall not be deemed to apply to evaluation conferences conducted pursuant to Article IX of this Agreement.
ARTICLE XIV
PRINTING OF THE AGREEMENT
The cost of printing the duly executed written Agreement shall be borne equally by the parties.
ARTICLE XVDURATION OF THE AGREEMENT
The effective term of this Agreement shall be from July 1, 2004 to June 30, 2007.
ARTICLE XVI
SEPARABILITY
If any provision of this Agreement, or any interpretations, application or administration thereof, shall be determined by any court or administrative agency having jurisdiction thereof to be contrary to law, such provision, interpretation or administration shall be deemed invalid and inoperative to the extent required by such determination. All other provisions hereof shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed by their respective Presidents, attested by their respective Secretaries, and their respective corporate seals affixed hereto, at Tenafly, New Jersey, on this 22nd day of June, 2004.
TENAFLY BOARD OF EDUCATION
________________________
President
________________________
Board Secretary
TENAFLY EDUCATION ASSOCIATION AIDES
_________________________
President
Chief Negotiator
APPENDIX
SALARIES
A. Elementary and Middle School Lunch Aides
2004/05 2005/06 2006/07
Hourly Rate $13.87 $14.57 $15.30
B. Health and Sign Language Aides
2004/05 2005/06 2006/07
Hourly Rate $34.83 $36.57 $38.40
C. Other Aides (High School Lunch Aides; Special Education Aides; Library Aides; ICS Aides; etc).
2004/05 2005/06 2006/07
Hourly Rate $14.47 $15.20 $15.96
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