Contract Between
Burlington Cty Spec Serv B/E-Burlington
- and -
Burlington Cty Spec Serv EA
* * *
07/01/2004 thru 06/30/2008


CategorySchool District
UnitCustodians

Contract Text Below























TABLE OF CONTENTS


Article I Recognition Agreement Page 1

Article II Negotiation of Successor Agreement Page 2

Article III Grievance Procedures Pages 3-7
A. Definitions Page 3
B. Purpose Page 4
C. Procedures Pages 4-7

Article IV Employee Rights Page 8

Article V Association Privileges Page 9

Article VI Working Conditions Pages 10-12
A. Work Year Page 10
B. Sign-in/Out Page 10
C. Employee Workday Page 10
D. Full-time/Part-time Defined Page 10
E. Uniforms Pages 10-11
F. Vacations Page 11
G. Custodial/Maintenance Probationary Period Page 12

Article VII Leaves of Absence Pages 13-17
A. Sick Leave Pages 13-14
B. Temporary Leaves of Absence Page 14
C. Personal Days Page 15
D. Other Leaves Page 15
E. Disability Leave Page 16
F. Child Rearing Leave Pages 16-17

Article VIII Employee’s Work Station Page 18












TABLE OF CONTENTS
PAGE 2


Article IX Salaries Pages 19-24
A. Pay Dates Page 19
B. Placement on Salary Guide Page 19
C. Deductions from Salary Page 19
D. Withhold of Increments Page 20
E. Actual Hours Worked Page 20
F. Overtime Page 20
G. Termination of Employment Page 20
H. Liability Insurance Coverage Page 20
I. Longevity Page 21
J. License Page 21
K. Holidays Page 22
L. Pay Guides Pages 23-24

Article X Employee Evaluation Page 25
A. Procedure – Custodial and Maintenance Staff Page 25

Article XI Health Benefits Pages 26-28
A. Medical Coverage Page 26
B. Employee Eligibility Page 26
C. Prescription Drug Plan Page 26
D. Dental Plan Page 27
E. Optical Plan Page 27
F. Disability Insurance Page 28
G. Reimbursement on Insurance Coverage Page 28
H. Alternate Health Benefits Coverage Page 28

Article XII Tuition Reimbursement Page 29

Article XIII Miscellaneous Provisions Page 30-32
A. Separability Page 30
B. Representation Fee Page 30
C. Amount of Fee Page 30
D. Deduction and Transmission of Fee Page 31
E. Mechanics Page 31
F. Indemnification and Save Harmless Provision Page 32
G. Notice Page 32


Article XIV Duration of Agreement Pages 33-34

Article I

Recognition Agreement
Between

Burlington County Special Services Board of Education

and

Burlington County Special Services Custodial and Maintenance Association


The Burlington County Special Services Board of Education hereby recognizes the Burlington County Special Services Custodial and Maintenance Association as the representative for professional negotiations concerning term and conditions of employment for all designated personnel in the Burlington County Special Services School District within the scope of N.J.S.A. Title 34:13A-1 et seq.

Custodians
Maintenance Personnel

As used hereinafter the term employee shall apply to all members of the bargaining unit.

The Board agrees not to negotiate with any organization other than that designated as the exclusive representative.





















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Article II


Negotiation of Successor Agreement


The Burlington County Special Services Custodial and Maintenance Association and the Burlington County Special Services Board of Education agree to enter into negotiations concerning a “Collective Bargaining Agreement” (herein and hereafter referred to as an Agreement) in accordance with N.J.S.A. Title 34:13A-1 et seq. in good faith, concerning the terms and conditions of employment. Such negotiations shall begin not later than the beginning date set by the Rules and Regulations of the Public Employment Relations Commission. Any agreement so negotiated shall apply to members of the negotiating unit, be reduced to writing, and be signed by the Board of Education and the Association.

Each party shall appoint no more than five (5) members to the negotiating team as negotiators and shall have complete control over the selection of their respective teams.

Negotiations

1. The negotiators will be responsible to meet periodically until a “Collective Bargaining Agreement” is reached.

2. All meetings shall be scheduled to take place when negotiators are available and are free from assigned duties.

3. Negotiation sessions shall be less than three (3) hours in length unless it has been mutually agreed to lengthen the session when the meeting is scheduled.


The Board of Education agrees to negotiate with the Association so long as the Association represents the majority of the employees in the unit.


This agreement incorporates the entire understanding of the parties on all matters which were subject to negotiation.


Nothing contained herein shall be contrary to New Jersey School Law.

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.


This “Negotiation Procedure” may be modified in whole or in part when both parties agree in writing to a change in procedure. The new procedure will take effect in a subsequent fiscal year.

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Article III


Grievance Procedure



A. Definitions

1. A grievance is a claim based on the interpretation, application, or violation of policies, agreements, and administrative decisions affecting employees of the school district. It does not include:
    a) any claim where a method of review has heretofore been or hereafter is established by law, rule or regulations by way of appeal to any commissioner, commission, board, agency or court, whether said rights having been created for general application (e.g., civil service) or specific application (e.g., to the Commissioner of Education)
      b) matters where the Board is prohibited by law, regulation or decision from acting
        c) matters beyond this contract involving the sole discretion of the Board.

        2. Aggrieved person is the person making the claim
          a) The Burlington County Special Services Custodial and Maintenance Association has the right to initiate a grievance based on the interpretation or violation of the negotiated agreement.
              3. Representative is an individual selected by the aggrieved person to counsel, advise, and represent him. The aggrieved person must be present at all times. The Association will not be responsible for expenses incurred by the aggrieved for the services of a representative unless so authorized by the Association.
              4. Association is the Association which has been recognized by the employer for purposes of negotiation under the provision of N.J.S.A. Title 34:13A-1 et seq.









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          B. Purpose
              The purpose of this procedure is to secure, at the lowest possible level, equitable solutions to the problems which may from time to time arise concerning the welfare or terms and conditions of employment of the employees. Both parties agree that these proceedings will be as informal and confidential as may be appropriate at any level of the procedure.
              Nothing herein contained shall be construed as limiting the right of any employee having a grievance to discuss the matter informally with any appropriate member of the administration, and having the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with terms of the agreement and that the Association has been given the opportunity to be present at such adjustment and to state its views.

          C. Procedures
              Since it is important that grievances be presented as rapidly as possible, the number of days indicated at each level should be considered as a maximum and every effort should be made to expedite the process. The time limits specified may, however, be extended by mutual agreement in writing.

              Level One
                  An employee with a grievance shall notify his/her Supervisor, in writing, within seven (7) regular workdays of the grievance, with the objective of resolving the matter informally. The Supervisor shall act on the grievance within five (5) regular workdays after the grievance is submitted in writing.

                  The involvement of the Supervisor in the first step of the grievance procedures should be a personal dialogue between the Supervisor and the employee to resolve the grievance. If an employee wishes representation at this level, written notice must be given to the Supervisor at least twenty-four (24) hours before the scheduled meeting. The Supervisor has the right for a second party of his or her choosing to be present at the meeting. Only in the event that the Supervisor is the subject of the grievance, may the aggrieved take his/her complaint directly to the Superintendent or his/her Designee.







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                Level Two
                    If a complaint is not settled by the respective Supervisor to whom the appeal is made in Level One in five (5) regular workdays, or the aggrieved receives no communication on the resolution of the grievance in five (5) regular workdays after presentation of the grievance, the employee may file his grievance in writing within ten (10) regular workdays after the original presentation to the Supervisor with the Superintendent or his/her Designee.

                    Such communication should notify the Superintendent whether the aggrieved wishes Association representation to be or not to be present and should be filed with the knowledge of his/her Principal and/or Supervisor that this second step is being taken.
                    A report from the Supervisor shall be submitted to the Superintendent in conjunction with the appeal of the employee.

                    The Superintendent shall act on the grievance within twenty (20) regular workdays.


                Level Three
                    If the aggrieved employee is not satisfied with the Superintendent’s decision or if no decision has been rendered within twenty (20) regular workdays after the grievance was received by the Superintendent, the aggrieved employee may arrange an appointment through the Superintendent with the Board of Education for discussion.

                    This request must be made in writing to the Superintendent, and must be filed within ten (10) regular workdays after the Superintendent’s decision or thirty (30) regular workdays after the filing of the grievance. Association representation, at the written request of the aggrieved, may be present at all sessions involving the aggrieved employee and the Board of Education.

                    The Board of Education shall take action on the grievance in twenty (20) regular workdays or at the next regularly scheduled Board of Education meeting after the written request is received and communicate its decision to the aggrieved employee with a copy to the Association.








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                Level Four
                    If the aggrieved employee is not satisfied with the disposition of his/her grievance at Level Three, or if no decision has been rendered within twenty (20) regular workdays or next regularly scheduled Board of Education meeting after the grievance was delivered to the Board of Education, he/she may, within ten (10) school days after a decision by the Board of Education or forty-five (45) school days after the grievance was delivered to the Board of Education, whichever is sooner, request in writing that the Association submit grievance to arbitration. A copy of this request shall be delivered to the Superintendent’s office.

                    If the Association determines that the grievance is meritorious, it may submit the grievance to arbitration within twenty (20) regular workdays after receipt of a request by the aggrieved employee.
                    Within ten (10) regular workdays after such written notice of submission to arbitration, the Board and the Association shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve.

                    In the event that the parties cannot agree on the arbitrator within twenty (20) regular workdays, or if the arbitrator does not agree to serve, the parties jointly or either one of them may issue a request for a list of arbitrators from the American Arbitration Association. Upon receipt of said list, each party will separately strike the names of the arbitrators whom they find unacceptable and list numerically the names, if any, of the arbitrators whom they would accept.

                    The arbitrator who will ultimately be chosen shall be the one, if any, who appears on both acceptable lists with the lowest average number of placement. In the event that there are no arbitrators that are agreeable to the parties, a new list will be requested and the same procedure will be followed until a satisfactory arbitrator is chosen.

                    The arbitrator so selected shall confer with the representatives of the Board and the employee, or at the option of the employee, with representatives of his/her Association, and hold hearings promptly and shall issue his decision not later than ten (10) regular workdays from the date of the final statements and proofs on the issues which are submitted to him. The arbitrator’s decision shall be in writing and shall set forth his findings of fact, reasoning and conclusions on the issues submitted. The decision of the arbitrator shall be advisory and non-binding, but may be made available to the public without consent of the other parties.




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                    The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses and the cost of the hearing room, shall be borne equally by the Board and the aggrieved employee, or the Association, if applicable.
            a) All meetings and hearings under this procedure shall be conducted in private and shall include only such interested parties and their designated or selected representatives heretofore referenced in this section.
              b) Forms for filing grievances, serving notices, taking appeals, making reports and recommendations, and other necessary documents, shall be prepared jointly by the Superintendent and the Association and given appropriate distribution so as to facilitate operation of the grievance procedure. If no form has been agreed upon, a narrative will suffice.
































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                Article IV

                Employee Rights


                Pursuant to N.J.S.A. Title 34:13A-1 et seq., the Board hereby agrees that every employee of the Board shall have the right to freely organize, join and support the Association for the purpose of engaging in collective negotiations and other concerted activities for mutual aid and protection. As a duly selected body exercising governmental powers under the laws of the State of New Jersey, the Board undertakes and agrees that it shall not directly or indirectly discourage or deprive or coerce any employee in the enjoyment of any rights conferred by Chapter 303, Public Law 1968 or any other laws of the State of New Jersey or the Constitution of New Jersey and the United States; that is shall not discriminate against any employee in any way whatsoever because of his or her relationship in the Association.

                Any individual contract between the Board and an employee heretofore or hereafter executed shall be subject to and consistent with the terms of this Agreement. If an individual contract contains any language inconsistent with this Agreement, this Agreement for its duration shall be controlling.





























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                Article V


                Association Privileges




                A. The Association, if approved by the Superintendent/Designee, may use school facilities for meetings after school hours, provided that such use shall not interfere with, nor interrupt, normal school operation and does not conflict with any scheduled or emergent use authorized by the Burlington County Board of Chosen Freeholders. The facilities usage request requires a five-day advance notice to the Superintendent/Designee, unless an emergency arises.

                B. The Association, upon approval by the Superintendent/Designee, may use school equipment when such equipment is not otherwise in use, and provided that this use will not interfere with, nor interrupt, normal school operation and does not conflict with any scheduled or emergent use authorized by the Burlington County Board of Chosen Freeholders. The Association will pay for the cost of materials and supplies incident to such use. Usage of district equipment will be limited to on-site use only.

                C. The Association may use the inter-school mail facilities and school mail boxes, provided that a copy of such material is submitted to the Superintendent/Designee for approval at least one day prior to the mailing; and such use shall not interfere with, nor interrupt, normal school operation and shall not be so voluminous so as to obscure regular school mail. No response will be interpreted as approval.

                D. The Association shall have, in each campus, the use of a bulletin board.


















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                Article VI


                Working Conditions

                    A. Work Year
                        All Custodial and Maintenance Staff are 12 month employees.

                    B. Sign In/Out
                        All employees shall indicate their presence and departure by initialing in the appropriate column of the staff “sign-in/out” sheet. If an employee leaves the building for personal business during the school day, they will notify the Supervisor and sign out at their assigned campus.
                C. Employee Workday
                  1. Employees (Dayshift) may leave the building without requesting permission during their scheduled duty free lunch period, after informing their Supervisor and signing out.
                      D. Full-time/Part-time Defined
                  1. The term “full-time” employee shall refer to those regularly employed individuals working a minimum of 30 hours per week.
                    2. The term “part-time” employee shall refer to those regularly employed individuals working less than 30 hours per week.
                      E. Uniforms
                              1. The Board shall provide each employee with the following each year:
                                          Three (3) Sets of Uniforms
                                          One (1) Jacket
                                          Five (5) Summer-Type Tee-Shirts
                                          One (1) Summer-Type Shorts
                                          $200.00 for Work Shoes or Boots - Upon Receipt
                              2. If it is the Custodians/Maintenance Personnel’s option for no jacket in any year, another uniform will be provided.

                              3. The Board shall provide all new employees with the following after the issuance of contract:
                                          Four (4) Sets of Uniforms
                                          One (1) Jacket
                                          Five (5) Summer-Type Tee-Shirts
                                          Two (2) Summer-Type Shorts
                                          $200.00 for Work Shoes or Boots – Upon Receipt
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                              4. The Board will also provide two (2) sets of rain wear for each campus.

                              5. The Board of Education will order all uniforms by November 1, of each school year.

                              6. All employees will be required to wear the uniforms provided by the district during their working hours.
                      F. Vacations
                              1. New employees hired after July 1, shall accrue vacation time at the rate of .83 their allotment per month of employment for the first year. Vacation allotment for the partial month worked shall be rounded to the next highest number.

                              2. Earned vacation days cannot be taken until after June 30, following the initial date of employment.

                              a) Ten (10) days vacation after one (1) year of continuous service as of July 1.

                              b) Fifteen (15) days of vacation after five (5) years of continuous service as of July 1.

                              c) Twenty (20) days vacation after fifteen (15) years of continuous service as of July 1.

                              d) Vacation times shall be scheduled to coordinate with the work schedule and subject to the approval of the Superintendent/Designee.

                              e) The employee shall limit vacation to not more than ten (10) consecutive working days unless approved by his/her supervisor.

                              f) Scheduling conflicts will be resolved by granting vacation to those employees with the most time in their job category. No more than 1/2 of the Custodial/Maintenance Staff can be on vacation at the same time.

                              g) No vacation will be approved during the week prior to school opening in September.

                              h) An employee who resigns during their contracted period of employment shall have their accrued vacation time paid at their per diem rate.




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                          G. Custodian/Maintenance Probationary Period
                      New Custodial/Maintenance employees shall be hired without a contract for a thirty-(30) day period of probation. If said employee has worked as a substitute custodial or maintenance staff in Burlington County Special Services School District prior to being offered a contract, such substitute time shall count toward the thirty-(30) day probation period. At the end of the thirty-(30) day probation period, said new employee either shall be offered a contract for employment where they are entitled to all rights and benefits provided under this agreement or shall be dismissed. Pay for this probationary period shall be a per diem rate, pro-rated from the appropriate step on the salary guide. Benefits will be included during this period.



































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                        Article VII

                        Leaves of Absence

                        A. Sick Leave
                            1. Sick Leave is to be used for absences required because of personal disability due to illness or injury or because of medical exclusion from school due to a contagious disease.
                            2. All ten (10) month contracted employees shall be allowed sick leave with full pay for ten (10) school days in any school year. All twelve (12) month contracted employees shall be allowed sick leave with full pay for twelve (12) school days in any school year. Unused sick leave days shall be accumulated from year to year with no maximum limit. Once an employee utilizes a sick day, that sick day will not be changed to a personal day. The Board of Education will notify all employees by October 30th of each school year, in writing, of their accumulated sick leave.
                                For the purpose of sick day accumulation, when an employee leaves early due to sickness, sick leave days shall be deducted as follows:

                        Before 11:00 a.m. - Full Day
                        After 11:00 a.m. - One-Half Day
                        Before 7:00 p.m. - Full Day
                        After 7:00 p.m. - One-Half Day
                        Before 3:00 a.m. - Full Day
                        After 3:00 a.m. - One-Half Day

                                Those employees not using any sick leave days per school year will receive two (2) extra sick leave days to be added the following school year. An honorarium of $150.00 will be awarded to those employees achieving perfect attendance (no use of sick or personal days.)

                        3. Cashing in Accumulated Sick Leave
                                Upon retirement from the district, an employee who has been employed for at least fifteen (15) years in the district shall be eligible for payment for unused sick leave.
                                Payment shall be made to an employee by the Board of Education for all of that employee’s unused accumulated sick leave upon an official retirement which has been approved by the New Jersey Division of Pensions. Such payment shall be made at the retiree’s daily rate of pay at the date of retirement for each unused sick leave day. Daily rate of pay is defined as 1/200th of a ten (10) month employee’s salary and 1/240th of a twelve (12) month employee’s annual salary. To be eligible for the payment an employee must notify the Board of the intention to retire on or before January 1st of the contract year in which the retirement is to occur in order to be eligible for payment by June 30th.
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                            Payment for accumulated days will be as follows:

                        Less than 151 days - 25% of daily rate for all
                                                        accumulated days
                        Greater than 150 days - 30% of daily rate for all
                                                      accumulated days
                              The Board of Education’s maximum allocation for each employee shall be capped at twenty-five thousand dollars ($25,000.00) for their accumulated sick leave at the time of retirement.


                          B. Temporary Leaves of Absence
                              This policy shall cover absences not chargeable to sick leave, professional or semi-professional assignments directly beneficial to the school system.


                          1. Death in the immediate family, four (4) days total. The four (4) bereavement days must be completed within six (6) calendar days of the death of the immediate family member. In the event of the death of another immediate family member the same process will be applied upon valid certification. Immediate family to include:

                          Parents
                          Grandparents
                          Mother-in-Law
                          Father-in-Law
                          Legal Guardian(s)
                          Spouses
                          Children
                          Brothers and Sisters

                          2. Documentation must be submitted to verify death of family member, i.e.; death notice.
                            3. Death of a relative not in the immediate family one (1) day total. The one (1) bereavement day must be completed within six (6) calendar days of the death of the relative.
                              4. Leave may be granted for other reasons if approved by the Superintendent/Designee.
                                5. Requests for temporary leaves of absence shall be submitted in writing (in advance, when possible), recommended by the Supervisor, and approved by the Superintendent/Designee.


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                                C. Personal Days

                                1. The Board will provide for four (4) personal days at full pay during any one year for personal business that cannot be scheduled outside of school hours. Requests for a personal day must be submitted using the proper form, four (4) days in advance to the Supervisor for review and submitted to the Superintendent/Designee for approval. When a request for personal days fall within these guidelines, no explanation is required on the request form. In the case of an emergency whereas an employee cannot provide the required four (4) days notice, a request should be submitted using the proper form, to the Building Supervisor for review and submitted to the Superintendent/Designee for approval. No unused personal days shall be accumulated for use in another school year. When an employee obtains approval for a personal day or takes an emergency personal day, that personal day can not be changed to a sick day.

                                2. Personal days will not be granted on the days immediately proceeding or following a scheduled school holiday. If the need arises for a personal day to be taken on one of these days, an explanation must be submitted, in writing, with the proper form, to the Building Principal/Supervisor for review and submitted to the Superintendent/Designee for approval.

                                    3. Unused personal leave days will become cumulative as sick leave days at the end of the school year, one (1) day for each one (1) not taken. No (1/2) days are applicable in any way.
                                    4. For the purpose of personal day leaves, personal days will be deducted as follows:
                                Before 11:00 a.m. - Full Day
                                After 11:00 a.m. - One-Half Day
                                Before 7:00 p.m. - Full Day
                                After 7:00 p.m. - One-Half Day
                                Before 3:00 a.m. - Full Day
                                After 3:00 a.m. - One-Half Day
                                  D. Other Leaves

                                  1. Other leaves of absence, with or without pay, may be granted by the Board, upon recommendation by the Superintendent for good reason.
                                    2. All such requests must be approved in advance by the Superintendent upon recommendation of the Building Principal.





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                                    E. Disability Leave

                                    1. Disability leave (including pregnancy) shall be guided by terms and conditions governing leaves of absence as set forth in N.J.S.A. 18A:30-1 et seq.
                                      2. An employee who anticipates a disability because of anticipated surgery, hospitalization or pregnancy shall apply to the Board no later than 90 calendar days, if possible, prior to such disability.

                                      a) At the time of such notice, the employee shall request either a leave of absence for the period of disability for which accumulated sick leave may be utilized or an unpaid leave of absence.
                                        b) Any employee granted a disability leave because of pregnancy, childbirth or related medical conditions may elect sick leave during this period of disability if certified by the attending physician. Such time shall not exceed thirty (30) calendar days prior to and thirty (30) calendar days after childbirth.
                                          c) An employee on a period of disability shall be entitled to sick leave with the accrual of all insurance benefits and advancement on the salary guide.
                                            d) To be eligible for a salary increment, credit toward longevity payment and seniority status, an employee must work at least ninety (90) days in the school year that the leave commences or terminates. There shall be no half () step salary adjustments. The use of accumulated sick or personal days will be credited toward the required ninety (90) days.
                                              e) The Board of Education reserves the right to regulate the commencement and termination dates of anticipated disability leaves in order to preserve the educational continuity, provided that such date change is not medically contraindicated.
                                                f) Before the return from a disability leave of absence, the employee shall provide a physician’s certificate stating that the employee is physically able to resume his/her duties on the date requested by the employee.

                                                F. Child Rearing Leave
                                                    The Board of Education, upon the recommendation of the Superintendent, shall grant an unpaid child rearing leave of absence of not more than one year to any employee, upon request, subject to the following conditions:


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                                                1. Such request shall be made at the time the employee applies for a pregnancy disability leave, subject to the ninety (90) day notice requirement.
                                                  2. At the time of the application, the employee shall specify, in writing, the date on which the leave of absence is to commence and the date on which he/she wishes to return to work. The leave shall commence on the date requested by the employee, if the request is supported by a written statement from the employee’s attending physician, to the Superintendent stating the anticipated date of delivery. The Board may adjust the requested leave dates upon finding that the dates would substantially interfere with the administration of the school. The employee on a voluntary child rearing leave of absence is not eligible for sick leave pay when disability occurs.
                                                    3. Following the grant of such leave to any employee, the commencement and termination dates thereof may be further extended or reduced for medical reasons, upon application by the employee to the Board, provided the application for such extension or reduction is made at least thirty (30) days prior to the original commencement or termination date, unless a medical emergency develops to invalidate the 30 day limit, in which case a physician’s certificate is required in the case of such an emergency. Such extension or reduction may be granted by the Board for a reasonable period of time, except that the Board may alter the requested dates upon finding that such extension or reduction would substantially interfere with the administration of the school and provided that such change is not medically contraindicated. The Board may require any employee to produce a physician’s certificate in support of the requested change and is subject to agreement by the Board’s physician. If there is a disagreement between doctors, a third neutral doctor appointed by the County Medical Society or by the two doctors themselves can issue a final binding opinion.
                                                      4. During the unpaid child rearing leave, the employee shall not be eligible to receive benefits after the use of family leave, except at the employee’s expense.
                                                        5. Upon return from a child rearing leave of absence, the employee shall be reinstated in the same position or other position for which he/she is certified/qualified if said employee returns to work within one year and a day from the date of the commencement of said leave.
                                                          6. Before return from a child rearing leave of absence, the employee shall provide a written statement to the Superintendent stating the date he/she wishes to return to work. Such statements shall be submitted to the Superintendent not later than thirty (30) days prior to the date requested to return to work.


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                                                          Article VIII

                                                          Employee’s Work Station


                                                          A. Whenever a vacancy occurs in the school district, notice shall be posted for at least two weeks on the official bulletin board for the district schools and in all employee lounges. Such notice shall state the date by which applications are to be made.
                                                            B. 1) An employee who would like to be reassigned to said vacancy should discuss the matter with his or her Supervisor and formally request such reassignment in writing to the Superintendent/Designee within the designated cut-off date.

                                                          2) An employee who would like to be reassigned to another campus shall discuss the matter with his or her Supervisor and formally request such reassignment to the Superintendent/Designee.
                                                            3) When reassigning an employee, the seniority of each staff member shall be considered as well as the recommendation of the employee’s Supervisor.


                                                            C. Notice of a reassignment shall be made to the individual employee and notice will be given to all applicants.

                                                            D. When an employee is involuntarily reassigned, he/she shall receive notice as soon as the Superintendent has taken formal action. If the employee requests, within seven (7) days of the notice, he/she shall receive a statement of reasons for the transfer from the Superintendent/Designee within ten (10) days of the request.

                                                            E. An employee who is requesting a transfer of work assignment for the next school year must submit this request in writing to the Superintendent/Designee and his/her immediate supervisor by February 1st. The seniority of the staff member making the request shall be considered as well as the recommendation of the employee’s Supervisor.












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                                                            Article IX


                                                            Salaries

                                                            A. Pay Dates

                                                                When a pay date falls on or during a school holiday or weekend, employees shall receive their paychecks on the last previous working day.

                                                                Every effort will be made to release paychecks to employees before the first lunch period during the school year.

                                                            B. Placement on Salary Guide

                                                            1. The Superintendent may give credit for placement on the salary schedule for past service of an applicant for employment in this district on the basis of one year credit for each year of experience in the same or a related area. Experience must be in this State or in any State or territory under USA jurisdiction and for service in the military of this country, one year credit on schedule for each year served, to a maximum of four years.

                                                            2. As of June 30, 2004, employees on the salary guide will permanently remain on the guide thereafter.


                                                            C. Deductions from Salary
                                                                The Board agrees to deduct from the salaries of these employees dues for the Burlington County Special Services Custodial and Maintenance Association, the New Jersey Education Association, or the National Education Association as said employees, individually and voluntarily, authorize the Board to deduct. Such deductions shall be made in compliance with Chapter 233, New Jersey Public Law of 1969 (N.J.S.A. 52:14-15.9e) and under rules established by the State Department of Education. Such monies, together with current records of any corrections, shall be transmitted to such persons as may from time to time be designated by the Burlington County Special Services Custodial and Maintenance Association by the 15th of each month following the monthly pay period in which deductions were made. The person designated shall disburse such monies to the appropriate association or associations. Each of the associations named above shall certify to the Board, in writing, the current rate of its membership dues. Any association which shall change the rate of its membership dues shall give the Board written notice prior to the effective date of such change.
                                                                Any employee may have voluntary deductions, other than association dues, discontinued at any time upon forty-five (45) days written notice to the Board.



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                                                            D. Withhold of Increments
                                                                The Board of Education reserves the right to withhold increments and adjustments in any given year with due notice to the employee at least three months prior to the issuance of contracts.

                                                            E. Actual Hours Worked

                                                                For the full time employees working less than a full workday, the respective per diem rates for said employees shall be paid on a pro-rata basis based upon the number of hours actually worked.
                                                            F. Overtime
                                                                Work in excess of forty (40) hours per week for full-time support staff personnel shall be paid at the rate of one and one-half (1 ) times the regular salary. It is agreed between the parties for support staff personnel that any work to be paid after thirty (30) hours shall be at the regular hourly rate until the forty (40) hours are reached. All overtime shall be voluntary and mutually agreed to by the employee and the immediate superior, except in cases of emergency when overtime may be required by the Superintendent/Designee.
                                                            G. Termination of Employment

                                                            Either the employee or the Board may terminate the individual’s contract by giving thirty (30) calendar days notice to the individual or Board respectively. The above thirty (30) calendar days notice provision, however, is not applicable where the employee is discharged or suspended due to misconduct. When an employee is dismissed, they shall receive written notice of such action. An employee may request, within thirty (30) calendar days of the notice, a statement of reasons for the dismissal from the Superintendent/Designee within thirty (30) calendar days of the request. The notice provisions of this paragraph in no way affects the ability of the Superintendent/Designee to dismiss an employee even though he/she has not yet received the statement of reasons for such dismissal.
                                                              H. Liability Insurance Coverage

                                                              The Board shall maintain liability insurance on a secondary basis to an employee’s own automobile policy to cover damages incurred for any act or omission arising out of the authorized use of the employee’s own automobile in the performance of transporting students. Mileage reimbursement when transporting students in the employee’s own vehicle (home/SCIP/etc.) shall be based on IRS reimbursement rates.







                                                              - 20 -
                                                              I. Longevity
                                                                  Longevity payments will be made on a pro-rated basis beginning on the first day of the anniversary date and will be in addition to the employee’s annual salary. Employees hired after June 30, 2004 shall not be entitled to this longevity.

                                                              Longevity
                                                              at the
                                                              beginning of the:
                                                              Custodial
                                                              Maintenance
                                                              Personnel
                                                              5th year
                                                              $600.00
                                                              $600.00
                                                              10th year
                                                              $1,200.00 $1,200.00
                                                              15th year
                                                              $1,850.00
                                                              $1,850.00
                                                              20th year
                                                              $2,550.00
                                                              $2,550.00



                                                              J. License

                                                                  The Board, upon certification of receipt of Black Seal, Electrical, HVAC License, will add the following to the annual salary:

                                                                  2004-2008 - $900.00

                                                                  The Board, upon certification of receipt of the Pool Certification License, will add the following to the annual salary of those employees appointed to oversee the maintenance of the district’s pools.

                                                                  2004-2008 - $350.00




















                                                              - 21 -
                                                              K. Holidays

                                                              The Board guarantees fifteen (15) paid holidays to be made available during the course of each fiscal year, as follows:

                                                              1. Independence Day
                                                              2. Labor Day
                                                              3. Columbus Day
                                                              4. Thanksgiving Day
                                                              5. Day After Thanksgiving
                                                              6. Christmas Eve
                                                              7. Christmas Day
                                                              8. New Year’s Eve
                                                              9. New Year’s Day
                                                              10. Martin Luther King Day
                                                              11. Washington’s Birthday
                                                              12. Good Friday
                                                              13. Easter Monday
                                                              14. Memorial Day
                                                              15. To be determined

                                                              By October 1st of each year the Association will provide the Board Secretary with a list of those staff members of the association and the date of their 15th paid holiday. A three (3) day notice is required, in writing, by the employee for any change covering the 15th holiday.

                                                              All custodial and maintenance personnel will work one (1) day and be off one (1) day of the two (2) day NJEA Convention in November of each school year. The work force will be divided in half; i.e., half will be off on Thursday and half on Friday.

                                                              If school is in session on any of the above listed days, a replacement day will be granted. If Christmas Eve, Christmas Day, New Year’s Eve or New Year’s Day falls on a Saturday or a Sunday, a compensatory day will be provided.
















                                                              - 22 -
                                                              L. Pay Guides

                                                              Maintenance Salary Guides
                                                              Step2004-052005-062006-072007-08
                                                              1$27,332.00 $28,904.00 $29,697.00 $30,623.00
                                                              2$27,968.00 $29,577.00 $30,389.00 $31,336.00
                                                              3$28,606.00 $30,251.00 $31,081.00 $32,050.00
                                                              4$29,931.00 $31,653.00 $32,522.00 $33,536.00
                                                              5$31,271.00 $33,070.00 $33,978.00 $35,037.00
                                                              6$32,626.00 $34,503.00 $35,450.00 $36,555.00
                                                              7$33,956.00 $35,909.00 $36,895.00 $38,045.00
                                                              8$35,387.00 $37,422.00 $38,449.00 $39,647.00
                                                              9$37,423.00 $39,576.00 $40,662.00 $41,929.00
                                                              10$38,857.00 $41,092.00 $42,220.00 $43,536.00
                                                              11$40,308.00 $42,627.00 $43,797.00 $45,162.00
                                                              12$41,710.00 $44,109.00 $45,320.00 $46,733.00
                                                              13$43,130.00 $45,611.00 $46,863.00 $48,324.00
                                                              14$45,430.00 $48,043.00 $49,362.00 $50,901.00
                                                              15$46,030.00 $48,678.00 $50,014.00 $51,573.00
                                                              Off Guide:
                                                              2004-05$1,700.00
                                                              2005-06$1,800.00
                                                              2006-07$1,900.00
                                                              2007-08$2,000.00
                                                              - 23 -
                                                              L. Pay Guides Continued

                                                              Custodial Salary Guides
                                                              Step2004-052005-062006-072007-08
                                                              1$24,442.00 $25,997.00 $26,883.00
                                                              2$25,048.00 $26,641.00 $27,350.00
                                                              3$25,653.00 $27,285.00 $28,012.00 $28,800.00
                                                              4$26,259.00 $27,929.00 $28,673.00 $29,480.00
                                                              5$26,865.00 $28,574.00 $29,335.00 $30,161.00
                                                              6$27,469.00 $29,216.00 $29,994.00 $30,838.00
                                                              7$28,073.00 $29,859.00 $30,654.00 $31,517.00
                                                              8$28,676.00 $30,500.00 $31,312.00 $32,193.00
                                                              9$29,993.00 $31,901.00 $32,750.00 $33,672.00
                                                              10$31,297.00 $33,288.00 $34,174.00 $35,136.00
                                                              11$32,595.00 $34,669.00 $35,592.00 $36,594.00
                                                              12$33,452.00 $35,580.00 $36,527.00 $37,555.00
                                                              13$34,297.00 $36,479.00 $37,450.00 $38,504.00
                                                              14$35,151.00 $37,387.00 $38,383.00 $39,463.00
                                                              15$35,690.00 $37,960.00 $38,971.00 $40,068.00
                                                              16$36,882.00 $39,228.00 $40,273.00 $41,406.00
                                                              17$38,086.00 $40,509.00 $41,588.00 $42,758.00
                                                              18$40,039.00 $42,586.00 $43,720.00 $44,950.00
                                                              19$41,244.00 $43,868.00 $45,036.00 $46,303.00
                                                              20$42,466.00 $45,168.00 $46,371.00 $47,676.00
                                                              Off Guide:
                                                              2004-05$1,700.00
                                                              2005-06$1,800.00
                                                              2006-07$1,900.00
                                                              2007-08$2,000.00
                                                              Remove 1st Two steps in Year 1
                                                              Remove 1st Two steps in Year 4
















                                                              - 24 -
                                                              Article X


                                                              Employee Evaluation


                                                              The Burlington County Special Services School District employee evaluation procedures shall be included in the Staff Manual which is distributed yearly.

                                                              A. Procedure – Custodial and Maintenance Staff

                                                              1. All employees shall be formally evaluated, for purposes of job performance, at least one (1) time in each year. This evaluation shall occur prior to March 1. This article in no way precludes the Board of Education from conducting more than one formal evaluation per year for purposes of evaluating employees.

                                                              2. The post-evaluation conference shall take place between the evaluator and the employee within ten (10) regular workdays. A written evaluation shall be provided on the approved form to the employee twenty-four (24) hours prior to the conference. The original document is to be signed and retained for the employee’s personnel file. A copy is to be given to the employee.
                                                                3. All evaluations shall be conducted openly and with full knowledge of the employee.
                                                                  4. Although the employee shall sign the evaluation, his or her signature in no way implies agreement with said evaluation. The employee retains the right to attach a written response within ten (10) regular working days. This response will be appended to the original document and placed with it in the employee’s personnel file.


















                                                                  - 25 -
                                                                  Article XI


                                                                  Health Benefits



                                                                  A. Medical Coverage
                                                                      The Board of Education shall pay the cost of full coverage of medical
                                                                      benefits for full-time employees and their dependents.
                                                                        B. Employee Eligibility

                                                                        Effective 7/1/04, all new, full-time employees, for the first three (3) years, will be offered the District’s most economically beneficial health plan.
                                                                          C. Prescription Drug Plan
                                                                              The Board of Education will also assume the cost of the prescription drug plan for full-time employees and their dependents according to the following co-pay schedule of deductibles:
                                                                                  2004-2005 $25 (not included in the formulary list)
                                                                                  $0 mail
                                                                                  $10 Brand name
                                                                                  $5 generic

                                                                                  2005-2006 $25 (not included in the formulary list)
                                                                                  $0 mail
                                                                                  $12 Brand Name
                                                                                  $6 generic

                                                                                  2006-2008 $25 (not included in the formulary list)
                                                                                  $0 mail
                                                                                  $12 Brand Name
                                                                                  $8 generic
                                                                              Effective 7/1/04, the District will offer a PPO and HMO to new, full-time employees. The PPO is the district’s primary health plan. Only those employees currently enrolled in the traditional plan prior to 7/1/04 will be offered that health benefits coverage with no additional cost to the employee until such time that they voluntarily select a different plan.





                                                                      - 26 -
                                                                          D. Dental Plan
                                                                              1. The Board of Education will provide a dental insurance plan for all full-time, contracted employees and their dependents. The type of plan consists of the following:
                                                                                    a) Preventive and diagnostic 100%
                                                                                    b) Remaining basic services 100%
                                                                                    c) Prosthodontic benefits 80%
                                                                                  The maximum payable for the above dental services provided an eligible patient in any calendar year is:
                                                                      2004-2005 $1,650
                                                                      2005-2006 $1,800
                                                                      2006-2007 $2,000
                                                                                      2007-2008 $2,000
                                                                              2. The Board of Education will provide orthodontic benefits for dependent children to age 19 – 50%, subject to the following maximum lifetime allowances per case with no deductible.
                                                                        2004-2005 $1,650
                                                                        2005-2006 $1,800
                                                                        2006-2007 $2,000
                                                                                        2007-2008 $2,000
                                                                        E. Optical Plan
                                                                            The Board of Education will provide for Optical Insurance for all full-time, contracted employees and their dependents which consists of the following:

                                                                            For Beneficiaries Over 19 Years of Age -
                                                                            Employee, Spouse and Dependents over 19 years of age are entitled to an eye examination and one pair of spectacle lenses or contact lenses twice within a 24-month period, and one frame once every 24 months, from date of service.

                                                                            For Beneficiaries Under 19 Year of Age
                                                                            Dependents under the age of 19 are entitled to an eye examination and one pair of spectacle lenses or contact lenses twice within a 12-month period, and one frame once every 12 months, from date of service.

                                                                        Frame $100.00
                                                                        Single vision lenses $100.00
                                                                        Bifocal lenses $200.00
                                                                        Trifocal lenses $200.00
                                                                        Aphakic lenses $300.00
                                                                        Hard/soft contact lenses $200.00

                                                                        - 27 -
                                                                        F. Disability Insurance
                                                                            All contracted employees will have the opportunity to enroll in a disability insurance coverage program selected by the Association and the Board. Premiums are to be paid for by the employee through payroll deductions.


                                                                        G. Reimbursement on Insurance Coverage
                                                                            If an employee decides not to participate in the medical insurance coverage program offered by the district, the employee must make their intentions known to the Business Office by September 1st of each school year. The employee will receive 25% of the cost of the premium coverage paid for by the Board for the insurance. Payment will be pro-rated over the regular payment schedule. The employee may opt to take back coverage at the beginning of the next school year.

                                                                        H. The Board will provide the following alternate health care options:

                                                                        HMO Plan only
                                                                            However, the Board of Education shall pay only up to the premium of its most economical plan. Should the premium exceed that of the Board’s most economical plan, the difference will be borne by the employee through payroll deductions.
                                                                            The Board of Education reserves the right to change to a different insurance plan provided that it will give comparable or better benefits to our school employees.

                                                                            At the beginning of the school year, material will be distributed to the employees containing all the necessary information regarding the health, prescription, optical and dental plans and their benefits.

















                                                                        - 28 -
                                                                        Article XII


                                                                        Tuition Reimbursement

                                                                          1. Employees attending an accredited school, enrolled in a course or courses, shall be reimbursed by the Board according to the following criteria:
                                                                            a) The courses to be taken should be to improve the covered employee’s ability to perform his/her duties and be related to his/her field of employment. Employees must apply, in writing, for participation in this plan by submitting their request to the Superintendent/Designee for approval one (1) month prior to the first meeting of the course. Participants must earn a grade of B or better in the approved course.

                                                                            b) Eligible employees shall be reimbursed a maximum of $1,000.00 per school year per employee for tuition, books and registration fees.
                                                                            c) The Board of Education will make every effort to reimburse for courses taken when the employee submits official transcripts and proof of payment. All paper work must be submitted by the employee by the 10th of the month. All reimbursements may be paid at the next regularly scheduled Board meeting. To obtain reimbursement, it is the employee’s responsibility to submit an official transcript which contains a passing grade of B or better from the institution through which the course was taken.
                                                                            d) During the term of this contract, as part of the employee’s professional development, they shall demonstrate and certify to a commitment of 4 hours of inservice programs whether they are held within the district or outside the district the cost of which will be borne by the Board of Education.



















                                                                        - 29 -
                                                                        Article XIII

                                                                        Miscellaneous Provision

                                                                        A. Separability
                                                                            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 except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect.


                                                                        B. Representation Fee
                                                                          1. Purpose of Fee
                                                                                If an employee does not become a member of the Association during any membership year (i.e., from September 1st to the following August 31st) which is covered in whole or in part by this Agreement, said employee will be required to pay a representation fee to the Association for that membership year. The purpose of this fee will be to offset the employee’s per capita cost of services rendered by the Association as majority representative.


                                                                        C. Amount of Fee

                                                                        1. Notification – Prior to the beginning of each membership year, from September 1st to the following August 31st, the Association will notify the Board of Education, 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 determined by the Association in accordance with the law.
                                                                              2. Legal Maximum – 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 – an assessment charged by the Association to its own members, and the representation will be 75% of that amount as 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.




                                                                        - 30 -
                                                                        D. Deduction and Transmission of Fee
                                                                              1. Notification – Once during each membership year, covered in whole or in part by this agreement, the Association will submit to the Board of Education a list of those employees who have not become members of the Association for the then current membership year. The Board of Education will deduct from the salaries of such employees, in accordance with paragraph D2 below, the full amount of the representation fee and promptly will transmit the amount so deducted to the Association.

                                                                              2. Payroll Deduction Schedule
                                                                                The Board of Education 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:

                                                                        Ten (10) days after receipt of the aforesaid list by the Board of Education;

                                                                        or

                                                                        Thirty (30) days after the employee begins his or her employment in a bargaining unit position, unless the employee previously served in a bargaining unit position and continued in the employ of the Board of Education in a non-bargaining unit position or was on layoff, in which event the deductions 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.


                                                                        E. Mechanics
                                                                            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 Association.










                                                                        - 31 -
                                                                        F. Indemnification and Save Harmless Provision
                                                                            1. Liability
                                                                                The Association agrees to indemnify and hold the Board of Education harmless against any liability which may arise by reason of any action taken by the Board of Education in complying with the provisions of this Article, provided that;
                                                                              2. The Board gives the Association timely notice, in writing, of any claim, demand, suit or other form of liability in regard to which it will seek to implement this paragraph, and;
                                                                              3. If the Association so requests, in writing, the Board of Education will surrender to its full responsibility for the defense of such claim, demand, suit or other form of liability and will cooperate fully with the Association in gathering evidence, securing witnesses, and in all other aspects of said defense.
                                                                              4. Exception
                                                                                It is expressly understood that paragraph F1 will not apply to any claim, demand, suit or other form of liability which may arise as a result of any type of willful misconduct by the Board of Education or the Board’s imperfect execution of the obligations imposed upon it by this Article.


                                                                        G. Notice
                                                                            Whenever any notice is required to be given by either of the parties to this agreement to the other, pursuant to the provisions of the agreement, either party shall do so by telegram or registered letter at the following addresses:

                                                                        If by Association to Board: President
                                                                        Board of Education
                                                                        Burlington County Special Services School District
                                                                        PO Box 775, Woodlane Road
                                                                        Mount Holly, NJ 08060

                                                                        If by Board to Association: President
                                                                        Burlington County Special Services Custodial/Maintenance Association
                                                                        PO Box 775, Woodlane Road
                                                                        Mount Holly, NJ 08060





                                                                        - 32 -
                                                                        Article XIV


                                                                        Duration of Agreement



                                                                        The parties recognize and agree that the negotiations process has resulted in an agreement covering four school years but that in order to comply with law, the duration shall be for two terms:
                                                                        July 1, 2004 to June 30, 2005, and July 1, 2005 to June 30, 2008. Therefore, two separate Duration of Agreement pages shall be executed.

                                                                        A. Agreement shall be effective as of July 1, 2004, and shall continue in effect until June 30, 2005. This Agreement shall expire on the date indicated unless an extension is agreed to, in writing, by both parties.


                                                                        WITNESS:




                                                                        _________________________________ Dated: ______________________________



                                                                        Burlington County Special Services Burlington County Special Services
                                                                        Custodial and Maintenance Board of Education
                                                                        Association



                                                                        _________________________________ _______________________________________
                                                                        President President



                                                                        _________________________________ _______________________________________
                                                                        Secretary Secretary



                                                                        _________________________________ _______________________________________
                                                                        Negotiator Negotiator




                                                                        - 33 -
                                                                        B. Agreement shall be effective as of July 1, 2005, and shall continue in effect until June 30, 2008. This Agreement shall expire on the date indicated unless an extension is agreed to, in writing, by both parties.


                                                                        WITNESS:




                                                                        _________________________________ Dated: ______________________________



                                                                        Burlington County Special Services Burlington County Special Services
                                                                        Custodial and Maintenance Board of Education
                                                                        Association



                                                                        _________________________________ _______________________________________
                                                                        President President



                                                                        _________________________________ _______________________________________
                                                                        Secretary Secretary



                                                                        _________________________________ _______________________________________
                                                                        Negotiator Negotiator


















                                                                        - 34 -
                                                                        Certification


                                                                        I declare to the best of my knowledge and belief that the attached document(s) are true electronic copies of the executed collective negotiations agreement(s).


                                                                        Name: Bruce W. Donnelly

                                                                        Title: Board Secretary/Business Administrator



                                                                        Burlington Cty Spec Serv BE and Burlington Cty Spec Serv EA 2004.pdf