THE BOARD OF EDUCATION OF THE VOCATIONAL SCHOOL
OF THE COUNTY OF HUNTERDON
(HUNTERDON COUNTY POLYTECH)
HUNTERDON COUNTY VOCATIONAL SCHOOL DISTRICT
(HUNTERDON COUNTY POLYTECH)/
For the Period of
July 1, 2006 to June 30, 2008
TABLE OF CONTENTS
II NEGOTIATION PROCEDURE
III GRIEVANCE PROCEDURE
IV ADMINISTRATOR RIGHTS
V ASSOCIATION RIGHTS AND PRIVILEGES
VI MANAGEMENT RIGHTS CLAUSE
VII LOAD AND HOURS
IX LEAVES OF ABSENCE
X WORK YEAR
XI ADMINISTRATIVE VACANCIES
XII SCHOOL CALENDAR
XIII PROFESSIONAL DEVELOPMENT
XIV INSURANCE PROTECTION
XV LEGAL ASSISTANCE
XVI MISCELLANEOUS PROVISIONS AND BENEFITS
XIX DURATION OF AGREEMENT
This agreement is entered into as of the first day of July 2006, by and between the Board of Education of the Vocational School of County of Hunterdon (Hunterdon County Polytech), hereinafter called the "Board", and the Administrator's Association of Hunterdon County Polytech, hereinafter called the "Association".
In accordance with Chapter 123, Public Laws of 1994, the Board hereby recognizes the Administrators' Association, affiliated with the New Jersey Association of Secondary School Principals and Supervisors, as the exclusive and sole representative for the collective negotiation concerning the terms and conditions of employment for the Administrators under contract or on authorized leave„ All other personnel are excluded.
Director of Curriculum & Instruction
Supervisor/Instructor — Cosmetology/Mentoring
(one year pilot position)
A Deadline Dates
The parties are to enter into collective negotiations over a successor agreement in accordance with the New Jersey Employer-Employee Relations Act, N.J.S.A., 34:13A-1 to 13A-29 (Chapter 123, Public Laws of 1974) in a good faith effort to reach agreement on all matters concerning the terms and conditions of employment. Negotiations shall begin and continue in accordance with PERC Rules.,
B Negotiation Team Authority
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 counterproposals in the course of negotiations, but which are subject to the ratification of the Board and the Association
1. Understanding of Parties
This agreement incorporates the entire understanding of the parties on all matters which were or could have been the subject of negotiations. During the term of this agreement, no party shall be required to negotiate with respect to any such matter whether or not covered by this agreement and whether or not within the knowledge or contemplation of either or both of the parties at the time when they negotiated or executed this agreement.
1. This agreement shall not be modified in whole or in part except by an instrument in writing duly executed by both parties
3. Unless otherwise provided in this Agreement, nothing contained herein shall be interpreted, and/or applied so as to eliminate, reduce, nor otherwise detract from any term and conditions of employment existing prior to its effective date of July 1, 2006„
GRIEVANCE PROCEDUREA. Definitions
The term "grievance" means a complaint or claim that there has been a violation of this contract as the result of an improper application, interpretation or violation of any term or provision of this contract affecting a member or group of members.
- Filing a Grievance
A grievance may be filed by an individual member, a group of members, or by the Association, as the representative of a group or class whose individual signatures shall not be necessary. Any grievance must be lodged at the proper initiating level within thirty (30) working days fiom the alleged improper application, interpretation, or violation.
- Failure to Communicate a Decision
Failure at any step to communicate the decision on a grievance within the specified time limitation shall permit the aggrieved to proceed to the next step.. Failure to appeal within the specified time limitations from an answer which is unsatisfactory shall be deemed to constitute an acceptance of such response as dispositive.
3 Informal Attempt to Resolve
An individual Administrator who has a grievance shall discuss it first with the Principal in an attempt to resolve the matter informally. However, if the grievant is the Association, the initial discussion shall be at the level of Superintendent; and in such event, if the problem is not resolved to the satisfaction of the Association within ten (10) working days after the conclusion of the discussion, the procedures prescribed in the subsections of this section B shall become applicable
4.. Level One — Superintendent of Schools
If, as a result of the discussion, the matter is not resolved to the satisfaction of the grievant within five (5) working days, he shall set forth the grievance in writing to the Superintendent of Schools specifying:
a. the nature of the grievance, including the specific section of' the contract involved;
b.. the nature of the previous discussion;
- the dissatisfaction with decisions previously rendered;
- the relief sought
The Superintendent of Schools shall attempt to resolve the matter as quickly as possible, but within a period not to exceed ten (10) working days.. The Superintendent shall communicate a decision in writing to the grievant (s).
5. Level Two – Board of Education
If' the grievance is not resolved to the grievant's satisfaction, no later than five (5) working days after the receipt of the Superintendent's decision, the grievant may request a 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 of Education. The Board, or a Committee thereof, shall review the grievance and shall at the option of the Board, hold a hearing with the grievant and render a decision in writing within thirty-five (35) calendar days of receipt of the grievance by the Board.
1. Level Three – Arbitration
If' the decision of the Board concerns terms and conditions of employment and does not involve management's rights as defined in Article VI herein, and any of the Board's decision does not resolve the grievance to the satisfaction of the grievant and the Association chooses to proceed, notice of intention to proceed to arbitration shall be given to the Board by the Association through the Superintendent within (10) working days after the receipt of the decision which is being appealed.,
The grievance shall then be subject to arbitration initiated and conducted under the rules of the American Arbitration Association.
The Arbitrator shall limit himself' to the issues submitted to him and shall consider. nothing else.. He can add nothing to, nor subtract anything from, the agreement between parties or any policy of the' Board of Education.. The opinion and award shall be binding. Only the Board, the aggrieved, and appropriate officials of the Association shall be given copies of the Arbitrator's Opinion and Award. This shall be accomplished within thirty (30) calendar days of the completion of the Arbitrator's hearings..
1. Right to Revresentation
Rights of Administrators to representation shall be as follows:
Grievant may be represented at all stages of the grievance by their representative(s) and/or an attorney selected and approved by the Association
When a grievant is not represented by the Association in the processing of a grievance, the Association shall at the time of submission of the grievance to the Superintendent or any level, be notified that the grievance is in process, and have the right to be present and present its position in writing at all hearing sessions held concerning the grievance, and shall receive a copy of all decisions rendered..
The Board and the Association shall assure the individual freedom from restraint, interference, coercion, discrimination, or reprisal in presenting an appeal with respect to a personal grievance.
- Separate Grievance File
All documents communications and records dealing with the processing of a grievance shall be filed in a sepazate grievance file and shall not be kept in the personnel file of any of the participants.,
- Meetings and Hearings
No meeting or hearing conducted under this procedure shall be public The only parties in attendance shall be the parties in interest and their designated or selected representatives,
Each party will bear the total cost incurred by themselves,
The fees and expenses of the Arbitrator are the only costs which will be shared by the two parties and such costs will be shared equally.,
A.. Rights and Protection in Representation
Administrators shall enjoy all rights as provided in Chapter 123, P. L. 1974.
B. Just Cause Provision
No administrator shall be disciplined, reduced in rank or compensation or deprived of any professional advantage without, just cause.
Such action by the Board shall be subject to the grievance procedure, with the exception of letters of reprimand, evaluation comments, and the withholding of increments which address the evaluative aspects of employee performance, are non-disciplinary and are not subject to arbitration.,
C„ Required Meetings or Hearings
Whenever Administrators are required to appear before the Board, Superintendent, or any committee or member thereof concerning any matter that could adversely effect the continuation of employment of that Administrator, they shall be given prior notice (which will be in written form) of the reasons for such meetings or interview and shall be entitled to have (a) representatives (s) of the Association and/or attorney present to advise them and represent them during such meeting or interview. Any suspension shall be with pay until formal determination by the Board of Education..
ASSOCIATON RIGHTS AND PRIVILEGES
The Board agrees to furnish to the Association in response to reasonable requests from time to time all available public information concerning the financial resources of the district, including but not limited to: annual financial reports and audits, register of certified personnel, agendas, and minutes of all Board meetings, census data, and such other information that shall assist the Association in developing intelligent, accurate, informed, and constructive programs on behalf' of the Administrators, together with information which may be necessary for the Association to process any grievance or complaint.
B. Use of School Buildings
Representatives of the Association shall be permitted to transact official Association business on school property at all reasonable times provided that this shall not interfere with or interrupt their duties and/or normal school operations. Subject to the approval of'the Superintendent.
C Use of School Equipment
The Association shall have the right to use school facilities and equipment, including computers, duplicating equipment, calculating machines, and all types of audio-visual equipment at reasonable times, when such equipment is not otherwise in use Use of secretarial personnel for Association business on school time is prohibited.
D. Exclusive Rights
The rights and privileges of the Association and its members as set fOrth in this agreement shall be granted only to the Association as the exclusive representative of the Administrators, as defined in the unit, and to no other organization.
B. Released Time for Meetings
Whenever any member of the Association scheduled by the parties to participate during working hours in negotiations, grievance proceedings, conferences, or meetings there shall be no loss in pay and/or benefits.
MANAGEMENT RIGHTS CLAUSE
The Board reserves to itself' sole jurisdiction and authority over matter's of policy and retains the right, subject only to the limitations imposed by the language of this agreement, in accordance with applicable laws and regulations (a) to direct employees of the school district; (b) to hire, promote, transfer, assign, and retain employees in positions in the school district, and to suspend, demote, discharge, or take other disciplinary action against employees; (c) to relieve employees from duty because of lack of work or for other legitimate reasons; (d) to maintain efficiency of the school district operations entrusted to them; (e) to determine the methods, means and personnel by which such operations are to be conducted; (f) to take whatever action may be necessary to carry out the mission of the school district in situations of emergency; and (g) to establish and approve curriculum and to expect administrators to follow the approved curriculum,
LOAD AND HOURS
Individuals covered by this contract shall be required to sign-in and sign-out.
Up to fourteen (14) evening meetings/events per year may be required by the Superintendent as part of the work year In the event the number of required meetings exceed, fourteen (14), the individuals involved will be given compensatory time by the Superintendent..
The Board desires to establish a merit system of compensation linked to the achievement of goals for implementation in the succeeding contract only if the merit system is found to be acceptable by all patties. Therefore, during the term of this contract, the administrators and if' they desire, a representative from their professional association, the superintendent and a committee of the Board of Education will work cooperatively to perform the following activities:
It is understood by both patties that this article does not mean a merit system will automatically go into effect in the 2008-09 school year.. Furthermore it is understood by both patties that each party must agree on all elements of the merit system for it to be implemented..
- define meritorious service;
establish the goals for each administrator;
- develop the mechanism to measure the attainment of goals; and
- establish an appeal process..
A progress report will be made to the Board of Education in October 2007.
A. Right to Full Knowledge
Employees have the right to full knowledge of their evaluations, and are entitled to receive recommendations on ways to improve their performance.
The Board has adopted policies and procedures for evaluating tenured and non-tenured employee's., These policies and procedures will be reviewed when appropriate..
C.. Evaluation Procedures
Evaluation shall consist of written summary evaluations, which reflect on all aspects of an employee's work..
- Copies of Reports
Employees shall sign all copies of their evaluations, which shall be in writing, attesting to the facts that the contents of the evaluation are known to them
- Rights of Administrators
The employee upon receipt of the written evaluation will have five work days to review the evaluation. After this review time, the evaluator and the administrator will meet to discuss the evaluation..
LEAVES OF ABSENCE
A. Jury Duty
In case of required jury duty an employee shall be allowed time off' for jury service with regular pay provided the employee endorses the check for jury duty to the school district.
A. Extended Leaves of Absence
- Natural Birth
The Board shall grant maternity/paternity leave without pay to any employee upon request subject to the following stipulations and limitations:
(1) Maternity leave shall commence and shall terminate (up to one (1) year later) on the date requested by the employee, subject to Board approval.
Any employee adopting an infant child shall receive leave in accordance with item one 1 (a) of this article, which shall commence upon receiving de facto custody of said infant, or earlier if necessary to fulfill the requirements for adoption.
2. Good Cause
Other leaves of absences without pay may be granted by the Board for good reason., 3.. Return from Leave
All benefits to which employees were entitled at the time of their leave of absence, including unused accumulated sick leave shall be restored to them upon return, and they shall be assigned where they are needed said Board approved leave commenced if the leave is for twelve (12) months or less. For a Board approved leave in excess of (12) months the employee may be assigned to a substantially equivalent position upon return form leave within this approved leave period,
4. Extension and Renewals
All extensions or renewal of leaves shall be applied for 60 days in advance and responded to in writing.,
S. Reimbursement for Unused Sick Days
A. Temporary Leaves of' Absence
Any employee who has worked at least (10) full years in the Hunterdon County Polytech District (including their years in North HunterdonNoorhees and Hunterdon Central) shall, upon retirement and fully eligible for annuity payments, reduction in force or death, be reimbursed for one-half of all accumulated sick days, calculated on 1/230 of the employee's salary with a maximum benefit not exceeding ninety (90) days pay.. The reimbursement shall be paid to the former employee or his/her designated beneficiary in three (3) equal annual payments based on the salary at the time of retirement. Payments will be made each January following retirement,
Effective in the second year of the contract and each year thereafter, supervisor/instructors and new administrators shall be reimbursed for one-half of all accumulated sick days, calculated on 1/240 of the employees salary with a maximum benefit of 30 days
Three (3) days leave of absence for personal, legal, business, household, religious, or family matters and two (2) days for family illness days which require absence during school hours. Application to the Superintendent for personal days shall be made at least three (3) days before taking such leave (except in emergencies) and the applicant for such leave shall not be required to state the reason for taking such leave other than that he is taking it under this Section, Unused personal days will not be accumulated or converted to sick leave days.. Any unused family illness days will not be accumulated or converted to sick leave days,
Time necessary for appearances in any legal proceedings connected with employment or with the school system if' the employee is required by law to attend.
Military leave of the annual two-week training variety should be arranged whenever possible during the summer recess. Leave for the call-up of an employee for national emergency duty will be granted unequivocally with no loss in tenure status. Upon return, the employee will be placed at the same salary (s)he would have obtained had (s)he not been called up with all accumulated benefits accruing.. An employee shall be paid his/her regular pay in addition to any pay, which (s)he receives from the State or Federal Government,
4. Emergency Leave
Emergency leaves shall be decreed by the Board on a per' case basis, when proper documentation of the need is examined. On an interim basis, the Superintendent may grant such emergency leave,
In case of a death in the immediate family the employee shall be entitled to a maximum of five (5) workdays if' the employee requires the same.. The immediate family is defined as parent, spouse, child or grandchild. A maximum of three days shall be entitled in the case of the death of a sibling, grandparent, in-law or any member of the family living in the same house as the administrator. All other relatives shall be for the day of the funeral only.
The School calendar shall be adopted by the Board for all employees
A. Administrators - Twelve Month Personnel
1.. In-School Year: The calendar work year for administrators employed on a twelvemonth basis shall be July 1 to June 30.. Twelve (12) month administrators shall work a total of 222 days..
1 Vacations shall be scheduled with the approval of the Superintendent No extended vacation may be taken the last two weeks of school in June or the two weeks prior to the opening of school in September.. Extended vacation is three (3) or more consecutive days In addition, vacation shall not be taken for more then five (5) consecutive days or not more then fifteen (15) total days while school is in session for students
It is the intent of the parties in providing that not more than five (5) days can be taken consecutively, to prohibit using a holiday or sick day(s) to link to a successive number of vacation days which would have the effect of the administrators not being present at school for a period in excess of five (5) consecutive days when students are present..
Example: An administrator cannot take five (5) vacation days with the following Monday as a holiday, the next day as a sick day, and then three (3) more vacation days..
3,. There shall be at least one administrator or certified supervisor (IOAS) in the district whenever the students are present fot the 180 days of instruction.
4. In the event a twelve month administrator works more then the 222 days, the district will allow up to five (5) vacation days to roll over into the next school year, or the district will "purchase" up to five (5) days at the per diem rate._
5,. Twelve-month employees must take the eleven (11) holidays as determined by the Board.. Legal holidays when school is closed cannot be used as a workday unless approved by the superintendent..
6.. An administrator who resigns or retires during the contract year shall receive cash payment for accrued vacation days..
7. All new hires shall be limited to five (5) vacation days during the school year when students are present..
B.. Supervisor/Instructor — Teacher Mentor — Cosmetology
- All vacation days must have prior written approval of'the Superintendent..
- An administrator who dies before the contract year is completed shall receive for his/her accrued, pro-rated or earned vacation days paid to their estate at the rate of pay within the year of death at the rate of two point three (2.3) days for each month worked of'the contract year including the month of' death.
3, If the employee works on a day the school is scheduled to be closed, the employee shall be granted a vacation day at another time.. The day worked and the vacation day must have the prior approval of the superintendent,
1. In-school work year: The calendar work year for the supervisor/instructor —teacher mentor shall be 198 work days.
2.. The supervisor/instructor shall follow the approved district school year calendar (184 days) plus 14 days between July 1 and August 31.. The schedule for the 14 days must be approved by the superintendent prior' to the days being worked.,
In no event will this exceed five (5) days..
4. This is a one year pilot position which will end June 30, 2007..
5.. Supervisor/instructors do not accrue vacation days..
Supervisor/Instructor – JROTC
1, The in school work year: The calendar work year for the supervisor/instructo• –JROTC shall be 184 days plus nine (9) days during the summer of 2006 (.July 1 to August 31),
4.. Supervisor/instructors do not accrue vacation days.
- The supervisor/instructor – .JROTC shall follow the district school year calendar (184 days) plus nine (9) days between July 1 and August 31 for the 2006-07 school year.. The schedule for the nine (9) days must be approved by the superintendent prior to the days being worked..
- In subsequent years of the contract, the instructor/supervisor – JROTC will be compensated at a per diem rate for days worked beyond the 184 calendar days. Any days worked, and the schedule of those days must have the prior approval of the superintendent and not to exceed ten (10) days.
A notice of vacancy in an administrative position shall be sent to each administrator and a copy shall be sent to the Association ten (10) working days before the final date when applications must be submitted. The notice of vacancy shall set forth for the position its qualifications, duties, and the rate of compensation.. Modified qualifications will require a new posting and a new ten-day application period
When a promotional vacancy is being filled all in-house qualified administrative applicants will be considered.
C. Promotions from Within
In filling promotional vacancies to open positions, the Board shall consider the professional qualifications, background, attainments, and other relevant factors, for all applicants from within the district.. Administrators currently employed will be given preference over candidates from outside the district when all other factors are equal as deemed by the Board and is not greivable. This filling of a vacancy is the prerogative of the Board, and the decision of the Board with respect to such matters shall be final..
Representatives of this Association shall be afforded the oppoitunity to submit recommendations on the formation of the school calendar prior to its being adopted by the Board of Education, Decisions of the Board shall be final and binding.
A. Reimbursement of'Tuition
The Board shall reimburse members of the Association for all tuition costs, not to exceed the tuition costs at Rutgers University, for approved graduate college and university courses„ A Grade of B or better, or a grade of "pass" in a "pass/fail" course and a copy of the receipt of payment for tuition are required for reimbursement
Grade slips shall be considered as proof' of having taken a course or courses.
A. Approval of Courses
Graduate courses must be approved by the Superintendent prior to registration„ Employees seeking reimbursement for undergraduate courses must present a rationale acceptable to the Superintendent.,
A. Time Limit for Reimbursement
Reimbursement shall follow within forty-five (45) days of submission of an itemized voucher with grade slips attached.
A. The Board will provide individual and full family health care insurance coverage and prescription coverage. Such coverage must be equal to or greater than the State Health Benefits Program.
B . The Board agrees to provide family dental coverage as described below:
C. The Board agrees to provide a five hundred ($500) maximum payment over the life of this contract for eye examinations, contacts or eyeglass lenses and frames with paid receipt,.
The Board shall give full support as required by Title 18A, including legal and other assistance for employees while acting in the discharge of their duties,
MISCELLANEOUS PROVISIONS AND BENEFITS
A . Use of Automobiles
B Extra-curricular Compensation
Employees will be reimbursed for the use of their personal automobile for job related travel based on the mileage rate established by the IRS in July of each year.,
Extra-curricular compensation shall be paid to employees who are given duties outside their, job description&
3 Employees with paid assignments shall carry normal job responsibilities,
- Each compensable assignment shall be described by a job description, including duties and responsibilities and term of assignment
- Employees receiving supplemental pay for extra-curricular assignments which run for the full year shall be paid the same in two equal payments, In the event the extracurricular assignment shall run for less than a full year, the payment to the administrator shall be upon completion of the assignment..
4. Contracts for paid additional assignments shall be issued by May 30, if feasible..
5 Creation, elimination or suspension of any activity or position or the decision of whether or not to fill any position is at the discretion of the Board..
6 Extra-curricular positions will be remunerated in accordance with the teachers' contracted salary guide.
A. Professional Association Affiliation
Administrators shall be eligible to attend conventions with no loss of pay by making a request in writing to the Superintendent, who will have sole discretion as to whether to grant the same. All reasonable receipted expenses incurred by administrators as a result of their attendance and participation in these meetings shall be paid by the school district. (in accordance with the Board Travel Policy).
In lieu of establishing a sick bank, the Board of Education agrees to reimburse 5500..00 per annum to each administrator upon presentation of a bona fide income protection/disability policy made out in the name of the administrator and an appropriate bill or receipt for payment.
B. Notice of'Renewal
The Board agrees to pay dues to one state, one national and one additional professional association for each administrator., Membership in each organization must be approved by the Board Payment shall be made upon presentation of an approved bill made out in the name of the administrator.
H. Pay Periods
Each non-tenured employee shall receive written notice of employment status prior to April 30 of each year.
All personnel shall be paid in accordance with the established payroll system for the district
Personnel covered by this agreement shall be paid on the 15th and last working day of each month. When a payday falls on or during a school holiday or weekend, employees shall receive their paychecks on the last school day prior to the holiday or the weekend.
R. Monetary Contract
The total monetary contract cost of the Administrative staff for future contract negotiations shall be calculated on the salary base (excluding longevity).. Any percentage and/or dollar increase following this contract term will be added to the salary base.. Longevity is pensionable but is not accumulative to the approved base salary.
Year 2006-2007 Kerr, Dan Metz, Kim Moore, Pat Taylor, Charles
Administrator-Principal Administrator.-Director of Cultic., Supervisor – Instructor Supervisor – Instructor. JROTC
5% increase 5% increase 5% increase No increase
For 2006-07, the Board of Education will compensate the administrators at their per diem rate for the six (6) additional work days being added to this contract. However, those additional days will not be included in the base calculation of salary for 2006-07. The amount of additional compensation will be included in the base calculation of salary in year two of the contract.
Ken, Dan Administrator-Principal 5% increase
Metz, Kim Administrator-Director of Cultic. 5% increase
Taylor, Charles Supervisor – Instructor JROTC 5% increase
The total monetary contract cost for the supervisor/instructor – .JROTC and subsequent increases shall be based upon the Board of Education's contract with the United States Air Force in accordance with active duty pay grade level MIP – Minimum Instructor Pay. Compensation for each month worked shall not be less than the Minimum Instructor Pay (MIP) as determined by the U.S. Air. Force This position may be 10 or 12 months, at the discretion of the Board of Education.