Contract Between
Upper Pittsgrove B/E-Salem
- and -
Upper Pittsgrove EA
* * *
07/01/2006 thru 06/30/2009


CategorySchool District
UnitAides, Clerical, Custodians, Other, Teaching/Professional Staff

Contract Text Below
HBS/ASC
7/31/06







AGREEMENT

BETWEEN THE

UPPER PITTSGROVE BOARD OF EDUCATION

AND THE

UPPER PITTSGROVE EDUCATION ASSOCIATION

(THE COUNTY OF SALEM, NEW JERSEY)

JULY 1, 2006 TO JUNE 30, 2009


ARTICLE I

RECOGNITION

A. The Upper Pittsgrove Board of Education recognizes the Upper Pittsgrove Education Association as the sole and exclusive representative concerning the terms and conditions of employment for the following employees under contract or on leave granted by the Board of Education:
* all certified instructional personnel, including nurses, counselors, librarians, child study
team members, special area teacher and special needs teachers,
* full time school secretaries,
* full time custodians,
* aides contracted to work more than twenty-five (25) hours per week,
* curriculum coordinator,
* child study team coordinator,
* transportation coordinator.

Excluded are: administrators, confidential secretaries (superintendent’s and board’s secretary), secretaries in the business office, per diem employees, part time employees contracted to work twenty-five (25) hours or less per week, bus drivers, cafeteria workers, and all others not specified as being recognized.

B. Unless otherwise indicated, the term “employees” when used hereafter in this agreement, shall refer to all recognized employees represented by the Association in the negotiating unit as defined above.
ARTICLE II

ASSOCIATION RIGHTS AND PRIVILEGES

Representatives of the Association (UPEA), the New Jersey Education Association (NJEA), Salem County Education Association (SCEA), and the National Education Association (NEA), shall be extended the privilege of transacting official association business on school property, provided that prior approval has been secured from the superintendent, and providing there is no disruption of the instructional process or interference with the performance of assigned employee duties or responsibilities.
ARTICLE III

BOARD RIGHTS AND PRIVILEGES

The Board reserves jurisdiction and authority over matters of policy and retains the right, subject only to the limitations imposed by the language of the 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;
c. to discipline employees or relieve employees from duty because of lack of work or other legitimate reasons;
d. to maintain efficiency of the school district operations entrusted to it;
e. to determine the methods, means and personnel by which such operations are to be conducted; and
f. to take whatever actions may be necessary to carry out the mission of the school district in situations of emergency.
ARTICLE IV

SALARIES

A. (1) The salaries of all teachers covered by this agreement are set forth in Schedule Guide A, which is attached hereto, and made a part hereof.

(2) The stipends for extracurricular activities, as approved by the Board, are set forth in Schedule Guide B, which is attached hereto, and made a part hereof.

(3) The salaries of all full time aides, full time custodians, and full time secretaries covered by this agreement, are set forth in Schedule Guide C, which is attached and made part of this agreement.

B. Salary increments and raises are not automatic, but shall be awarded for satisfactory professional performance upon recommendation of the superintendent and approval of the Board.

C. All teachers shall be placed “on scale”. Newly hired teachers shall be placed on the salary guide at a step determined by the Board. The Board may not place a newly hired teacher higher than a current employee with the same service. Part time employees will not be compensated at a higher rate of pay than they would receive if they were full time. Anyone who is a member of the bargaining unit and has statutory seniority at the time of this agreement and who subsequently may be RIFed, shall be placed at their highest previous level on the salary guide if they are rehired.

D. Part time instructors, aides, or teachers who are contracted to assume teaching responsibilities for a portion of the school day will be paid an hourly rate based on the appropriate step of the teachers’ salary guide. The first year this occurs, the first step of the salary guide will be used. If the same individual continues in this position without interruption for succeeding years, subsequent and corresponding steps of the salary guide will be used to circulate their hourly rate. Each one hour of assignment will equal one-seventh (1/7) of the daily rate of pay. The daily rate of pay shall be one-two hundredth (1/200) of the appropriate step.

E. Employees shall be paid in equal semi-monthly installments on the fifteenth and last working day of the month, except for the month of December, which shall be paid on the fifteenth day and the last day before the Christmas recess. When a pay day falls on or during a school holiday, vacation, or weekend, employees shall receive their pay checks on the last previous working day. Electronic banking shall be available through Commerce Bank and the Bank of Elmer and such other banking institutions as may be mutually agreed in writing.

F. Employees shall receive their final checks on the last working day in June. In the event that the last working day of the school year comes after June fifteenth, one check shall be issued on the fifteenth, and the final check on the last working day of June.

G. Employees who are required by the administration to use their own automobiles in the performance of their duties shall be reimbursed at the IRS rate per mile. Reimbursement shall occur monthly based upon vouchers submitted by the staff member and approved by the superintendent.

H. Compensation for home instruction and curriculum development will be in the amount of $26/hr. year 1, $27/hr. year 2, $27/hr. year 3. Compensation for aides who participate in such activities, will be at the rate of hourly pay they are receiving during that school year.

I. Payment for summer positions requiring certification shall be prorated based on employee’s annual salary.
ARTICLE V

TEMPORARY LEAVE OF ABSENCE

A. Employees shall be entitled to the following temporary non-accumulated leaves of absence with full pay each school year:

1. An employee shall be entitled to two (2) days leave of absence, with categorical reason given, for personal, legal, business, household, or family matters which require absence during school hours, with full pay, each school year. Request for approval by the superintendent for personal leave shall be made on the proper form at least forty-eight (48) hours prior to taking such leave, except in the case of extreme emergencies, in which case shorter notice will be permissible subject to reasons with full explanation of the emergency being given to the superintendent for approval. Unused days shall accrue as sick leave commencing with the year immediately following.

2. Death in the immediate family shall entitle an employee to a maximum of five (5) consecutive working days contiguous to the death without loss of pay. “Immediate family” shall mean: father, father-in-law, mother, mother-in-law, wife, husband, brother, sister, son, son-in-law, daughter, daughter-in-law, grandchildren, grandchildren-in-law, grandparents, step-parents, step-children, and anyone living in the immediate household as a family member. Death of aunts, uncles, first cousins, brother-in-law, sister-in-law, grandparents-in-law, and step-parents-in-law shall entitle the staff member to a maximum of two (2) contiguous and consecutive working days leave without loss of pay. The employee shall notify the superintendent of the pending absence as soon as possible. In the event that, due to unusual circumstances, bereavement leave is needed on days that are not continuous and contiguous to the death, such days may be granted at the discretion of the superintendent.

3. A leave of absence will be granted to an employee called for jury duty. The Board will pay an amount equal to the difference between the jury duty stipend and the employee’s daily salary for each work day missed, which he otherwise would have been required to work.

4. One day’s leave without deduction and one day’s leave with differential pay shall be granted per year for a medical condition in the immediate family. The Board may require proof which the teacher must provide. Differential pay means that the teacher shall receive the difference between his prorated pay based on two-hundred days and the actual substitute’s pay for leave days.

B. Leaves taken pursuant to Section A above, shall be in addition to any sick leave to which the employee is entitled.

C. Unpaid leaves may be granted at the Board’s discretion on a case by case basis. Denial of such leave shall not be the basis for a grievance.
ARTICLE VI

INSURANCE PROTECTION

A. The Board shall provide a health benefits program equivalent to the New Jersey Public and School Employees Health Benefits Program. The Board shall pay the full premium for each tenured individual employee and eligible dependent(s) if such individual employee so elects to take advantage of the benefits. The Board will provide single coverage until tenure is granted or the employee has worked for three (3) consecutive years after which time the Board will pay for eligible dependents. Part-time employees (those working more than 25 hours per week) shall have premiums prorated based on percentage of time worked.

B. For each employee who remains in the employ of the Board for the full school year and who elects to take advantage of the benefits, the Board shall make payment of the agreed upon insurance premiums to provide insurance coverage for the full twelve (12) month period. Employees may elect to enroll in HMO or PPO instead of the Basic Health Insurance Program and to have an amount of money not to exceed the prevailing Basic Health Plan premium paid to HMO or PPO instead of the Basic Health Plan. Part-time employees (those working more than 25 hours per week) shall have premiums prorated based on percentage of time worked.

C. The Board shall provide a $20 co-pay on name brand drugs at pharmacy and by mail order and a $10 co-pay on generic drugs at pharmacy and by mail order through the prescription drug plan. The Board will provide a prescription drug plan of single coverage until tenure is granted or the employee has worked for three (3) consecutive years after which time the Board will pay for eligible dependents. Part-time employees (those working more than 25 hours per week) shall have premiums prorated based on percentage of time worked.

D. Employees must participate in a qualified IRS Code Section 125 plan for reimbursement of the Blue Bank expenses. The Board will not administer the plan nor will it have any liability nor responsibility regarding the agent(s) administering the plan. For each full time employee establishing a qualified plan, the Board will contribute $600 in year one, $650 in year two and $700 in year three of this Agreement toward the plan for all employees who are tenured or have worked three consecutive years. All other full time employees shall receive $350 in year one, $400 in year two and $450 in year three of this Agreement until tenure is granted or three consecutive years have passed. Employees will pay the administrative fee should there be one. Part-time employees (those working more than 25 hours per week) shall have premiums prorated based on percentage of time worked.

E. If a husband and wife are both employed by the Board and are eligible for health benefits, only one spouse may receive family coverage. The other shall receive single employee coverage unless the waiver option as stated in Section G below is exercised.

F. The base plan provided by the district beginning July 1, 2006 shall be Horizon Blue Cross PPO consisting of 80% in network, 60% out of network and 80% supplemental, or HMO plan consisting of the following copayments: $10 PCP, $15 Specialists, $35 ER, $35 OPD, and $25 OHM. Employees choosing a more expensive plan shall pay the total difference in premium cost.

G. Employees eligible for health benefits may waive their eligibility in exchange for $2,000 in compensation. This amount may be placed in the employee’s Section 125 plan or be received as a cash payment, which is treated as taxable income subject to appropriate deductions. This amount shall not be pensionable income.
ARTICLE VII

GRIEVANCE PROCEDURE

A. A grievance shall be defined as follows:

1. A grievance shall mean a complaint by an employee(s) regarding the interpretation, application, or violation of this agreement, except that the term “grievance” shall not apply to: (a) any claim or complaint for which there is another remedial procedure or form prescribed by law or by regulation having the force of law; (b) any matter which, according to law, is either beyond the scope of Board authority or limited to unilateral action by the Board alone; (c) a complaint of a non-tenure teacher which arises by reason of his/her not being employed or reemployed; (d) a complaint by any personnel occasioned by appointment to or lack of retention in any position for which tenure is either not possible or not required.

2. A grievance shall also mean a complaint by an employee(s) regarding the interpretation, application, or violation of Board policies and/or administrative decisions. However, any grievance filed in these matters shall not proceed beyond Section E 3(b), (Board level), and the Board’s decision in these matters shall be final and binding upon the parties.

B. A grievance to be considered under this procedure must be initiated by the employee thirty (30) calendar days from the time when the grievant knew or should have known of its occurrence and be signed by all parties in interest when first submitted in writing. If the grievance is a class action involving six (6) or more people, individual signatures shall not be required, but a list of names of those people affected shall be submitted with the grievance.

C. It is understood that employee(s) shall, during and notwithstanding the pendency of any grievance, continue to observe all assignments and applicable rules and regulations of the Board until such grievances and any effect thereof shall have been fully determined.

D. Since it is important that grievances be processed 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 may, however, be extended by mutual agreement. If a grievance is not processed within proper time limits by the grievant association, the grievance is automatically denied and dropped. Failure at any step of these procedures to communicate the decision on a grievance within the specified time limits shall permit the aggrieved employee to proceed to the next step. Failure at any step of this procedure to appeal a grievance to the next step within the specified time limits, shall be deemed to be acceptance of the decision rendered at that step.

E. Procedure:

1. Any employee(s) who has a grievance, shall discuss it first with his immediate supervisor in an attempt to resolve the matter informally at that level.

2. (a) If, as a result of the discussion, the matter is not resolved to the satisfaction of the employee, within ten (10) school days, he shall set forth his grievance in writing to the superintendent specifying: the nature of the grievance, including the date it occurred; the nature and extent of the injury, loss or inconvenience; the specific contract provision, Board policy or administrative decision being grieved; the results of previous discussions; dissatisfaction with decisions previously rendered.
(b) The superintendent shall communicate his/her decision to the employee in writing within ten (10) school days of receipt of the written grievance.

3. (a) The employee(s), within ten (10) school days after receipt of the superintendent’s decision, may appeal that decision to the Board of Education by submitting a copy of the written material as outlined in Step 2 on this procedure, along with the additional information supporting his dissatisfaction with the decision rendered in Step 2, and the remedy being sought, to the Board of Education at the address and in the manner agreed to in this agreement.

(b) The Board, or a committee thereof, shall review the grievance and shall, at the option of the Board or at the option of the Association, hold a hearing with the employee and render a decision in writing within thirty (30) calendar days of receipt of the grievance by the Board or of the date of the hearing with the employee, whichever comes later.

4. If the employee is dissatisfied with the decision of the Board of Education and the grievance is a matter of contract dispute as defined in Section A, herein, the employee or the association may request the appointment of an arbitrator, such request to be made, in writing to the Board of Education, within fifteen (15) calendar days after the decision rendered in Step E.

F. The following procedure will be used to secure the services of an arbitrator:

1. A joint request will be made to the Public Employment Relations Commission (PERC) to submit a roster of persons qualified to function as an arbitrator in the dispute in question.

2. If the parties are unable to determine a mutually satisfactory arbitrator from the submitted list, they will request that PERC submit a second roster of names.

3. If the parties are unable to determine, within fifteen (15) school days of the initial request for arbitration, a mutually satisfactory arbitrator from the second submitted list, PERC may be requested by either party to designate an arbitrator.

G. 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 the parties. The recommendations of the arbitrator shall be final and binding. Only the Board and the aggrieved and his representatives shall be given copies of the arbitrator’s report or findings and recommendations. This shall be accomplished within thirty (30) days of the completion of the arbitrator’s hearing(s).

H. Costs:
1. Each party will bear the total cost incurred by himself.

2. 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.

3. If time is lost by an employee due to arbitration proceedings necessitating the retention of a substitute, the Board of Education will pay only the cost of the substitute. The time lost by the employee must either be without pay or charged to personal time.
ARTICLE VIII

NEGOTIATION OF SUCCESSOR AGREEMENT

A. All negotiations shall be as provided in accordance with the provisions of Chapter 123 of the Public Laws of 1974, in a good faith effort to reach agreement on all matters concerning the conditions of employment.

B. This agreement incorporates the entire understanding of the parties on all matters which were or could have been the subject of negotiation. During the terms of this agreement, neither 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 parties at the time they negotiated or executed this agreement.

C. Should a mutually acceptable amendment to this agreement be negotiated by the parties, it must subsequently be ratified by the Board of Education in order for any such agreement to be binding upon the Board. Any such ratified agreement shall be reduced in writing, be signed by the Board and the Association and be adopted.

D. This agreement shall not be modified in whole or in part by the parties except by instruction in writing duly executed by both parties.
ARTICLE IX

DEDUCTION FROM SALARY

1. The Board agrees to deduct from the salaries of its employees, dues for the Upper Pittsgrove Education Association, the Salem County Education Association, the New Jersey Education Association, and the National Education Association, or any one or any combination of such Associations as said employees individually and voluntarily authorize the Board to deduct. Individual employee deduction authorizations shall be made to the Board in writing. Such deductions shall be made in compliance with Chapter 310, P.L. of the 1967 (N.J.S.A. 52:14-15.8e), and under the rules established by the State Department of Education. Said monies, together with records of any corrections, shall be transmitted to treasurer of the Upper Pittsgrove Education Association by the fifteenth of each month, following the monthly pay period in which deductions were made. The Association treasurer shall disburse such moneys to the appropriate association or associations.

2. The Association named above shall certify to the Board, in writing, the current rate of its membership dues if the Association changes the rate of its membership dues it shall give the Board written notice prior to the effective date of such change.

B. Representation Fees of Non-Members

1. The Association President shall submit to the Board Secretary’s Office a list of names of employees covered by this Agreement who are not current dues-paying employees. The School District in compliance with State Law and this Agreement, will deduct from such member’s pay a representation fee equal to eighty-five percent (85%) of the amount set for Association members. (This amount will be determined by the Association’s Treasurer, and is to be paid by a payroll deduction).

2. It is understood by parties to this Agreement that the Board shall have no other obligation or liability, financial or otherwise, other than as set forth herein, because of action rising out of the understandings expressed in the language of this Article. It is further understood that once the funds deducted are remitted to the Association, the disposition of such funds thereafter shall be the sole and exclusive obligation and responsibility of the Association.

3. The Association shall indemnify and save the Board and the Administration harmless against any and all claims, demands, suits or other forms of liability including reasonable legal and/or representation fees resulting from any of the provisions of this Article or in reliance upon any lists, notice or assignment furnished under this Article.

C. The Board agrees to deduct from employee(s)’ salary for Prudential Income Protection Insurance and/or any other disability plan approved by the Board, as said employees individually and voluntarily authorize the Board to deduct and to transmit the monies promptly to such insurance company. Any employee may have such deductions discontinued to any time upon sixty (60) days written notice to the Board and the insurance companies.

D. Individual employees may voluntarily agree to a reduction on the amount of salary in return for the Board’s agreement to use the amount of such deduction in salary to purchase on behalf of the employee, an annuity which qualifies under the provisions of Section 403(b), of the Internal Revenue Code of 1954, as amended. For such purposes, the employee individually and voluntarily authorizes, and the Board agrees to:

1. Reduce the employee’s cash compensation beginning at a time in an amount established by both the employee and the State of New Jersey Division of Pensions, with the amount of the reduction to be rounded to the nearest whole dollar (no cents). This agreement shall remain in force for at least one year without modification unless canceled because of the termination of the employee’s employment. It shall continue as specified above unless terminated or modified after one year. Notice of termination or modification shall be given in writing prior to any anniversary date.

2. Promptly remit monthly to the Supplemental Annuity Collective Trust of New Jersey, the sum of such reduction in cash compensation as premiums on the annuity which is purchased by the Board on behalf of the employee pursuant to the Provisions of Chapter 123, P.L. 1968, as amended and supplemented.

3. The employee’s rights to the annuity purchased by the Board on the employee’s behalf pursuant hereto, shall be non forfeitable.

E. The Board agrees to deduct from salaries of its employees the amounts specified by each individual employee for the purposes of placement in an account with the Salem County Employees Credit Union. The employee must specify the amount to be deducted for the year on or before September first of the contract year under consideration.

The amount deducted from each check may only be changed during the contract year upon notice from the employee to the Secretary of the Board thirty (30) days prior to such change.

F. The Board agrees to deduct from salaries of its employees the amounts specified by each individual teacher for the purposes of placement in a single check tax sheltered annuity.
ARTICLE X

SICK LEAVE

A. Each ten (10) month employee shall be entitled to ten (10) sick leave days, with unused days to be accumulated and carried to the next year. Each twelve (12) month employee is entitled to twelve (12) sick leave days, with unused days to be accumulated and carried to the next year.

B. Employees shall be given a written accounting of accumulated legal sick leave days no later than September thirtieth of each school year.
ARTICLE XI

SABBATICAL LEAVE

With the superintendent’s recommendation and Board approval, an employee with seven (7) consecutive years employment may take a sabbatical leave, without pay, for the purpose of study or research related to the employee’s current or potential area of assignment.
ARTICLE XII

EMPLOYEE EMPLOYMENT

Individual employee contracts shall be issued and returned in accordance with the dates established by N.J.S.A. 18A, or current legislation.
ARTICLE XIII

EMPLOYEE INCENTIVE PROGRAM

A. All employees covered by this agreement may apply for reimbursement for fees for other things beside courses, i.e., workshop seminars, conferences, in-service programs or other sessions which may have application to their area of employment or are related to the individual’s increased competence as an employee. Superintendent must give prior approval for the activity and there will be no mileage reimbursement. Total amount expended in all areas shall not exceed $12,000 for all bargaining unit members. All areas other than actual course tuition costs such as fees, workshops, seminars, conferences, etc. shall not exceed $5,000 for all bargaining unit members. The President of the Association will be notified twice a year of the availability of funds for fees, workshops, seminars, conferences, etc. Areas of matriculated programs or four year college courses shall not exceed $7,000 for all bargaining unit members. Either the $5,000 for areas other than tuition or the $7,000 for tuition may be utilized in either area if not expended by December 15 of each year. All courses offered by the district shall be excluded from the unit cap amount.

B. For certified teachers to be eligible for reimbursement, all of the following criteria must be met:

1. The applicant must have the approval of the superintendent or his designee prior to taking the course.

2. Courses must be taken from an accredited college or university.

3. Credits must be for graduate level courses that lead to an advanced degree or additional certification in their assigned instructional field or for graduate courses that directly relate to district approved professional development goals.

4. The applicant must receive a mark equivalent to A, B or Pass in a Pass/Fail course.

C. Reimbursement will be given for tuition costs only. The prevailing Rowan College in state tuition rate or the actual cost, whichever is lower, will be used as the basis for per credit reimbursement. In no case shall reimbursement for an individual exceed an amount equal to three credit hours at the Rowan rate. Any employee who has already been paid for three hours in one year may apply for additional reimbursement prior to December 15 of each year if there is still money available as per section A.
D. To request placement on a higher salary guide column, teachers must present transcripts to the superintendent between June thirtieth and September first of each year. If it is determined that the staff member will be eligible for placement on a higher step, Board approval will result in a change of placement on the guide effective September first of that contract year.

E. For noncertified staff to be eligible for reimbursement, all of the following criteria must be met:

1. The applicant must have the approval of the superintendent or his/her designee prior to taking the course.

2. Courses must be taken from an accredited college or technical school.

3. Credits must be for courses directly related to approved district needs.

4. The applicant must receive a mark equivalent to A, B or Pass in a Pass/Fail course.

F. Reimbursement for any course will be given for tuition costs only. The prevailing Rowan College tuition rate or the actual cost, whichever is lower, will be used as the basis for per credit reimbursement. In no case shall reimbursement for an individual exceed $800.

G. Equivalency credit recognizes that formal graduate courses in subject matter and methodology serve as only one way for teachers to improve professionally. The Upper Pittsgrove School District, in granting equivalency credits for district approved staff development activities, believes that both the teachers and the school system will benefit significantly.

Guidelines:

1. Equivalency credits may be awarded for movement on the salary guide. For instance, BA + 30 equivalency credits places a teacher on the BA + 30 scale.

2. Equivalency credits for salary guide track credit shall be awarded for participation in courses or training activities only if they are recommended by the Salem County Professional Development Committee and the Superintendent and are approved by the Board’s Curriculum Committee and the Board of Education.

3. Participants may receive equivalency credit for participation in approved training activities based on the hours of training time and/or the completion of an approved culminating activity(ies). Credit units will be determined by the number of hours the class operates, 1 equivalency credit may be awarded for a course that required 5 hours.

4. Only teachers who are fully certified are eligible to receive equivalency credits.

5. Equivalency credits will not be awarded if payment for participation in the activity has been made or released time is provided by the Board of Education.

6. Equivalency credits will not be awarded for training activities that are designed to occur during regular working hours, including faculty meetings, or scheduled in-service days. Summer courses, week-end courses, evening courses, correspondence courses, etc. provide the most common time frames for training.

7. Staff members may receive equivalency credits for conducting approved staff development sessions. For serving as the facilitator, the staff member may releive 1 equivalency credit for every 5 hours of training they provide and not additional pay.

Procedures:

1. For training activities that are recommended by the district, the Superintendent will;

a.) post a notice of the event
b.) identify the culminating task(s)
c.) assign equivalency credit value, subject to approval by the Board’s Curriculum Committee and the Board of Education
d.) seek Board approval for recommended staff
e.) verify the successful completion of the training requirements
f.) maintain records of accumulated equivalency credit in conjunction with the Board Office
g.) seek approval for the course from the Salem County Professional Development Committee.

2. For training activities requested by staff to be considered for equivalency credit, staff members must:

a.) provide a description of the activity
b.) provide an explanation of the value of such training for the district
c.) identify proposed culminating activity(ies).

The Upper Pittsgrove Education Association agrees to cooperate in arranging training sessions, workshops, conferences and/or programs to improve the quality of education. Activities will be coordinated through the Superintendent and Curriculum Coordinator. Approval rests with the Superintendent. Such decisions will not be subject to the grievance procedure or binding arbitration.
ARTICLE XIV

POSTING VACANCIES

Each year the superintendent will advise by posted notice and notice to the association president the full, part-time curricular, and extracurricular vacancies, as soon as the vacancy is known to the administration. The Board will not fill a position until the Association has had notice for ten (10) work days or fifteen (15) calendar days in summer.

ARTICLE XV

REIMBURSEMENT FOR PERSONAL PROPERTY

The Board shall reimburse employees for the reasonable cost of any clothing or other personal property damaged or destroyed as a result of an assault suffered by an employee while the employee was acting on the discharge of his duties within the scope of his employment.
ARTICLE XVI

EMPLOYEE EVALUATIONS

Each employee will receive a written report of all formal observations. The Superintendent may require a conference after the observation but prior to issuing the written report. The teacher may attach pertinent comments to the report. A conference between the teacher and the evaluator shall follow receipt within ten (10) work days. All nontenured teachers shall be evaluated openly and with full knowledge of the teacher three (3) times per year. All other employees shall be evaluated a minimum of three (3) times per year, unless employed for three years, they will be evaluated a minimum of one (1) time per year.
ARTICLE XVII

PERSONNEL RECORDS

An employee shall have the right, upon reasonable request, to review the contents of his personnel file by appointment with the superintendent. The employee, during this conference, has the right to add written comments to the contents thereof. Only the Board shall have the right to remove any material from the file. The Board shall not establish any separate personnel file which is not available to the employee’s inspection. Nothing shall be placed in an employee’s file without the employee’s knowledge.
ARTICLE XVIII

TEACHER WORK YEAR AND WORKING CONDITIONS

A. Teacher work year:

The teacher work year will consist of 185 days. Of these days, 182 shall be Department of Education approved student contact days. Included in the additional work days are three professional development days to be scheduled after September 1. Days scheduled after September 1 and before Labor Day shall be for professional development only; not for student contact. The Association shall receive a copy of the proposed calendar prior to its adoption by the Board. If pupil days need to be added, the Association shall be consulted and make recommendations prior to Board adoption.

B. Teacher work day:

1. On regular school days, length of the work day for teachers is seven (7) hours. Included in the seven hours, is a thirty minute duty free lunch. The work day for teachers begins fifteen minutes before the start of homeroom and lasts up to fifteen minutes after the designated dismissal time, unless emergency conditions prevail. Non-instructional duties may be assigned to staff members as needed within the contractual work day.

2. The last working day before Thanksgiving, Christmas, and Easter shall be a shortened day for all employees.

3. On staff development days, the length of work day for staff remains the same as in B-1 above, unless shortened by the Superintendent.

4. In the event an employee must leave early for an approved reason, credit shall be given for one-half day’s work if the employee has worked at least three and one-half (3 ) hours. Credit shall be given for the full day if at least five and one-half (5 ) hours are worked.

C. Pupil contact time:

1. During a regular school day, teachers may be scheduled to instruct students for a period of time up to, but not in excess of, six (6) hours per day. They may be assigned to supervise students for an additional thirty (30) minutes. Any time in excess of thirty minutes must be deducted from instructional time, minute for minute.

2. On an early dismissal day, staff may not be scheduled for more than five hours, of which only four hours may be instructional time unless an emergency exists and/or other special teachers are unavailable to provide coverage for preparation time.

D. Preparation time:

All teachers shall have guaranteed scheduled preparation time with a minimum of 200 minutes per full week, during those periods when their classes are being instructed by specialty teachers, provided specialty teachers are employed by the Board of Education. When teachers have to cover another staff member’s class during their preparation time, such coverage shall be documented. For each four (4) hours of such time, teachers will be entitled to payment at the prevailing substitutes daily rate.

E. Lunch period:

Teachers shall be provided a duty free lunch period of thirty (30) minutes each regular school day. On abbreviated pupil days, no lunch periods will be provided.

F. Sign-in and lateness procedures:

1. Teachers shall indicate their arrival and departure, by initialing the employee attendance roster, which is posted in the main office. Failure to do so may result in the following procedure(s):

a. On the first unexcused occasion, the employee shall be apprised verbally of his failure to meet his responsibility.

b. On the second unexcused occasion, the employee shall be informed in writing by the superintendent of his failure to meet expected responsibility in this area and warned that the next unexcused absence shall result in loss of pay.

c. On the third unexcused occasion or any time thereafter, the employee shall have deducted from his salary an amount equal to the amount of time elapsed from the designated sign-in or sign-out time or one-half hour (), whichever is more. The deduction shall be computed as follows: salary divided by two-hundred days, divided by seven hours, divided by sixty minutes.

2. Teachers shall sign out whenever leaving the building during a duty free lunch period and shall make their destination known in the sign-out book. They shall sign in upon their return.

3. Teachers shall obtain permission from the superintendent, or his/her designee, to leave the building at any time other than their duty free lunch period.

4. In the event that a teacher, once having signed in, must leave work for illness or personal emergency, notification will be given to the superintendent or his/her designee. For all other reasons, permission must be obtained from the superintendent or his/her designee.

G. The Superintendent may require teachers to remain for after school faculty meetings not to exceed ten (10) per year. Five meetings shall not exceed sixty (60) minutes in duration and five shall not exceed ninety (90) minutes in duration. Where practicable, notice of faculty meetings will be given at least two (2) days in advance. Faculty meetings shall not be held on a Friday or the day before a holiday.

H. Parent/Community activities:

1. Teachers may be required to attend parent teacher conferences up to three (3) evenings and two (2) afternoons per year, each on different days. Day conferences shall be scheduled within the time frame established for a regular work day. On days when evening conferences are scheduled, there shall be an early dismissal for students and teachers. Evening conferences shall not exceed three and one-half hours. Conferences will not be scheduled on Election Day.

2. Additionally, teachers shall attend two (2) parent/community after school activities. One shall be “Back to School Night” and one shall be the “Learning Fair.”

3. All full-time and part-time teachers shall be required to attend these activities and shall not receive any additional compensation for such attendance.
ARTICLE XIX

NO STRIKE

The Association agrees that it will not engage in any illegal job action or strike.
ARTICLE XX

SUBSTITUTE COVERAGE

The Board will endeavor to provide substitutes for all personnel in all departments, including special teachers whenever the regular teacher is absent.
ARTICLE XXI

MISCELLANEOUS PROVISIONS

A. Sufficient copies of this agreement shall be printed at the equal expense of the Board and the Association as soon as practical after the agreement has been signed.

B. Whenever any notice is required to be given by either of the parties to this agreement to the other, pursuant to the provision(s) of this letter at the following addresses:

1. If by Association, to Board, Upper Pittsgrove School, 235 Pine Tavern Road, Monroeville, New Jersey 08343.

2. If by Board to Association, Upper Pittsgrove School, 235 Pine Tavern Road, Monroeville, New Jersey 08343.

C. If any provisions of this agreement or any application of this agreement or any application of the agreement to any employees or group of employees is held to be contrary to law, then such provision or application shall not be deemed valid and subsisting, except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect.

D. Any individual contract between the Board and an individual teacher, heretofore or hereinafter executed, shall be subject to and consistent with the terms and conditions of this agreement. If an individual contract contains any language inconsistent with this agreement, this agreement, during its duration, shall be controlling.
ARTICLE XXII

RETIREMENT BONUS

A. In recognition of dedicated service to the Upper Pittsgrove School, upon retirement from employment with this school system, the retiring employee shall be compensated for his/her accumulated sick leave which has been accrued in the Upper Pittsgrove School. Compensation shall be in the amount of $55 per day in year one, $60 per day in year two and $60 per day in year three of this Agreement to a maximum of one hundred twenty-five (125) days.

B. To be eligible to receive said severance bonus, the following conditions must be met:

1. The employee must have accumulated a minimum of one hundred days.

2. The employee must have notified the Board in writing of his or her intent to retire at least one year prior to retirement. In event of an emergency situation, the employee may give notice to retire and receive retirement bonus one year from notification of retirement.

3. The maximum total amount any one employee can receive shall be $6,875 in year one, $7,500 in year two and $7,500 in year three of this Agreement.
ARTICLE XXIII

EMPLOYEE RIGHTS

A. Nothing contained herein shall be construed to deny, or restrict any employee such rights as he may have under New Jersey School Laws or other applicable laws and regulations.

B. No employee shall be disciplined, reprimanded, reduced in rank of compensation, or deprived of any professional advantage without just cause.

C. Whenever any employee is required to appear before the Board or any committee or member thereof concerning any matter which could adversely affect the continuation of that employee in his office, position, employment, or the salary or any increments pertaining thereto, then he shall be given prior written notice of the reasons for such meeting or interview and shall be entitled to have a representative of the UPEA present to advise him and to represent him during such meeting or interview. This section does not apply to normal observation and evaluation procedures.

D. Secretaries and Custodians shall not be responsible for the care of students sent to the Superintendent’s office for disciplinary reasons.

ARTICLE XXIV

SECRETARIES, CUSTODIANS, AND AIDES WORK YEAR AND WORKING CONDITIONS

A. Work year:

1. The work year for twelve (12) month secretaries and custodians will be two-hundred and sixty (260) work days between July first through June thirtieth each year.

2. The work year for ten (10) month secretaries will be the teachers’ work year plus one work week immediately following the last day of school and one work week immediately preceding the opening day of school (195 days).

3. The work year for full time ten (10) month aides shall be the same as for teachers.

B. Work day:

1. The work day for full time custodians and secretaries will be eight (8) hours per day. Included in these hours is a thirty (30) minute lunch break. Beginning and ending times and lunch break times are established by the superintendent or his designee.

2. The regular work day for full time aides will begin at the time teachers are required to be in the building and will end when teachers are permitted to leave the building (15 minutes before homeroom and 15 minutes after dismissal). Aides will not be provided with preparation time, but will be allowed thirty (30) minutes for lunch.

3. If a secretary or custodian must leave work early for approved reasons, employees shall be granted one-half day’s work if the employee worked one-half () of their required work day hours (4 hours). They will receive full work credit if they work six (6) hours.

4. On a regular school day, if a full time aide must leave work early for approved reasons, they shall be granted one-half () day’s credit if they work three and one-half (3 ) hours. If they remain for five and one-half (5 ) hours, on such a day, they will receive full day’s credit.

5. Aides shall be required to work all in-service days and a full day on all student half days, when directed by the Superintendent. If aide(s) are not required to work a full day, the aide(s) shall be paid only for the hours worked.

C. Sign-in and lateness procedures:

1. Employees shall indicate their arrival and departure, by initialing the employee attendance roster, which is posted in the main office. Failure to do so may result in the following procedure(s):

a. On the first unexcused occasion, the employee shall be apprised verbally of his failure to meet his responsibility.

b. On the second unexcused occasion, the employee shall be informed in writing by the Superintendent of his failure to meet expected responsibility in this area and warned that the next unexcused absence shall result in loss of pay.

c. On the third unexcused occasion or any time thereafter, the employee shall have deducted from his salary an amount equal to the amount of time elapsed from the designated sign-in or sign-out time or one-half () hour, whichever is more. The deduction shall be computed as follows: salary divided by contracted number of work days, divided by contracted number of daily hours. Custodians and twelve (12) month secretaries would compute as: salary divided by two-hundred sixty (260) divided by eight (8). Ten (10) month secretaries would be computed as: salary divided by one-hundred ninety five (195) days divided by eight (8). Full time aides would be computed as salary, divided by one-hundred eighty five (185) days, divided by seven (7).

2. Employees shall sign out whenever leaving the building during a duty free lunch period and shall make their destination known in the sign-out book. They shall sign in upon their return.

3. Employees shall obtain permission from the Superintendent, or his/her designee, to leave the building at any time other than their duty free lunch period.

4. In the event that an employee, once having signed in, must leave work for illness or personal emergency, notification will be given to the Superintendent or his/her designee. For all other reasons, permission must be obtained from the Superintendent or his/her designee.

D. Holidays;

1. The Upper Pittsgrove Board of Education shall grant a total of thirteen (13) paid holidays, ten (10) identified, three (3) floating. The ten identified holidays are:

1. New Year’s Day 6. Friday after Thanksgiving
2. Good Friday 7. Working day before Christmas
3. Memorial Day 8. Christmas Day
4. Labor Day 9. Working day after Christmas
5. Thanksgiving Day 10. Independence Day

If any employee is required to work on any of the identified holidays, they shall be granted another paid holiday within thirty days.

2. The balance of the holidays shall be determined yearly by the superintendent after the Board of Education establishes its school calendar.

3. If any of the above days fall on a Saturday, the previous day may be taken; if it falls on a Sunday, the following day may be taken.

4. Full time aides and ten month secretaries shall have off the same holidays that teachers have off in the approved teacher calendar.

5. If a legal holiday falls in a scheduled vacation period the day will not count as a vacation day.

E. Secretaries’ and Custodians vacations:

1. The vacation schedule for twelve (12) month secretarial and custodial employees shall be:

0 to 12 months 6 days pro rata (one day earned for
every two months worked)

through 5 years 11 days
through 10 years 14 days
through 15 years 16 days
over 15 years 21 days

2. During the school year, a maximum of ten (10) vacation days may be used. The balance is to be used during the summer months.

3. The superintendent will be responsible for scheduling all vacation requests to allow for adequate coverage. Vacation days will be used annually in accordance with a schedule approved by the superintendent.
4. Only one custodian or one secretary may take a vacation day at one time.

5. No more than half of one year’s vacation days may be carried over without Board approval.

F. Overtime:

Overtime pay for secretaries and custodians shall be at one and one-half (1 ) of the hourly rate for work performed in excess of forty (40) hours per week as approved by the superintendent or his designee.

G. Each employee who is called back to work other than during his/her normal work schedule shall be guaranteed a minimum of two (2) hours of pay.

H. When schools are closed due to inclement weather or any emergency situation, secretaries shall not attend work. In the event of a delayed opening for teachers and students, it shall apply to all support staff except the custodians.

I. Custodians shall be entitled to a clothing allowance of $400 a year.

J. Custodians having a Black Seal license shall be entitled to an additional $200/year. The current Black Seal license holder shall be deemed to be “Grandfathered”. Upon his retirement this Article XXIV, J shall be eliminated.
ARTICLE XXV

LONGEVITY

A. Longevity payments of $100 per year shall be made to each employee who is placed on Steps 16, 17, 18, 19 and 20, of their respective salary guides, or is credited with the same number of years of service.

B. In addition to “A” above, a stipend for longevity of $200 each year shall be made to each employee placed on step 21 and beyond, or is credited with the same number of years of service.

C. Credited service shall include years of prior service as credited by the Board upon initial employment.

D. Part-time employees shall be paid longevity on a prorata basis on percentage of time worked.
ARTICLE XXVI

DURATION OF AGREEMENT

A. This agreement represents and incorporates the complete and final understanding and settlement by the parties of all bargainable issues which were or could have been the subject of negotiations. During the terms of this agreement, neither party will be required to negotiate with respect to any such matter, whether or not within the knowledge or contemplation of either or both parties at the time they negotiated or signed this agreement.

B. This agreement shall be effective as of July 1, 2006 and shall continue in effect until June 30, 2009.

In witness thereof, the parties hereto have caused this agreement to be signed by their presidents, attested to by their respective secretaries, and their corporate seals to be placed thereon, all on this ______ day of _________________, 2006.


_____________________________________ ____________________________________
Upper Pittsgrove Education Association Upper Pittsgrove Board of Education
President President
SCHEDULE A
TEACHER
2006-2007

Salary Guide
Step BA BA+15 BA+30 MA MA+15 MA+30
1 41,335 42,235 42,835 43,435 44,035 44,635
2 41,635 42,535 43,135 43,735 44,335 44,935
3 41,935 42,835 43,435 44,035 44,635 45,235
4 42,235 43,135 43,735 44,335 44,935 45,535
5 43,035 43,935 44,535 45,135 45,735 46,335
6 43,835 44,735 45,335 45,935 46,535 47,135
7 44,635 45,535 46,135 46,735 47,335 47,935
8 45,435 46,335 46,935 47,535 48,135 48,735
9 46,235 47,135 47,735 48,335 48,935 49,535
10 47,035 47,935 48,535 49,135 49,735 50,335
11 47,835 48,735 49,335 49,935 50,535 51,135
12 48,735 49,635 50,235 50,835 51,435 52,035
13 49,635 50,535 51,135 51,735 52,335 52,935
14 50,535 51,435 52,035 52,635 53,235 53,835
15 51,435 52,335 52,935 53,535 54,135 54,735
16 52,335 53,235 53,835 54,435 55,035 55,635
17 53,235 54,135 54,735 55,335 55,935 56,535
18 54,135 55,035 55,635 56,235 56,835 57,435
19 55,035 55,935 56,535 57,135 57,735 58,335
20 55,935 56,835 57,435 58,035 58,635 59,235
21 56,835 57,735 58,335 58,935 59,535 60,135
Off 1 59,185 64,985 67,685 67,291 73,548
Off 2 64,085


SCHEDULE A
TEACHER
2007-2008

Salary Guide
Step BA BA+15 BA+30 MA MA+15 MA+30
1 43,585 44,485 45,085 45,685 46,285 46,885
2 43,885 44,785 45,385 45,985 46,585 47,185
3 44,185 45,085 45,685 46,285 46,885 47,485
4 44,485 45,385 45,985 46,585 47,185 47,785
5 44,785 45,685 46,285 46,885 47,485 48,085
6 45,585 46,485 47,085 47,685 48,285 48,885
7 46,385 47,285 47,885 48,485 49,085 49,685
8 47,185 48,085 48,685 49,285 49,885 50,485
9 47,985 48,885 49,485 50,085 50,685 51,285
10 48,785 49,685 50,285 50,885 51,485 52,085
11 49,585 50,485 51,085 51,685 52,285 52,885
12 50,485 51,385 51,985 52,585 53,185 53,785
13 51,385 52,285 52,885 53,485 54,085 54,685
14 52,285 53,185 53,785 54,385 54,985 55,585
15 53,185 54,085 54,685 55,285 55,885 56,485
16 54,085 54,985 55,585 56,185 56,785 57,385
17 54,985 55,885 56,485 57,085 57,685 58,285
18 55,885 56,785 57,385 57,985 58,585 59,185
19 56,785 57,685 58,285 58,885 59,485 60,085
20 57,685 58,585 59,185 59,785 60,385 60,985
21 58,585 59,485 60,085 60,685 61,285 61,885
Off 1 60,935 66,735 69,435 69,041 75,298
Off 2 65,835

SCHEDULE A
TEACHER
2008-2009

Salary Guide
Step BA BA+15 BA+30 MA MA+15 MA+30
1 45,960 46,860 47,460 48,060 48,660 49,260
2 46,260 47,160 47,760 48,360 48,960 49,560
3 46,560 47,460 48,060 48,660 49,260 49,860
4 46,860 47,760 48,360 48,960 49,560 50,160
5 47,160 48,060 48,660 49,260 49,860 50,460
6 47,460 48,360 48,960 49,560 50,160 50,760
7 48,260 49,160 49,760 50,360 50,960 51,560
8 49,060 49,960 50,560 51,160 51,760 52,360
9 49,860 50,760 51,360 51,960 52,560 53,160
10 50,660 51,560 52,160 52,760 53,360 53,960
11 51,460 52,360 52,960 53,560 54,160 54,760
12 52,360 53,260 53,860 54,460 55,060 55,660
13 53,260 54,160 54,760 55,360 55,960 56,560
14 54,160 55,060 55,660 56,260 56,860 57,460
15 55,060 55,960 56,560 57,160 57,760 58,360
16 55,960 56,860 57,460 58,060 58,660 59,260
17 56,860 57,760 58,360 58,960 59,560 60,160
18 57,760 58,660 59,260 59,860 60,460 61,060
19 58,660 59,560 60,160 60,760 61,360 61,960
20 59,560 60,460 61,060 61,660 62,260 62,860
21 60,460 61,360 61,960 62,560 63,160 63,760
Off 1 62,810 68,610 71,310 70,916 77,173
Off 2 67,710

Schedule B
The Board shall pay the following rates for the term of this agreement, for those activities which shall take place after the school day/school year, for the designated times as approved by the Board or directed by the superintendent.
It is understood that the decision to establish or discontinue any position rests solely with the Board. Payment for any Schedule B position will not occur until the completion of the activity.

2006-07 2007-08 2008-09

Cheerleading 813 848 884
Coaches 813 848 884
Assistant Coaches 596 621 647
Student Government Advisor 759 791 825
OM Coach 813 848 884
OM Coordinator 922 961 1002
OM Judges 81 per event 84 per event 88 per event
Safety Patrol 759 791 825
Year Book 976 1017 1060
Rogate Coordinator 209 218 227
Junior Great Books 596 621 647
Drama Coach 813 848 884
Intramural Coaches 271 283 295
Music director 867 904 942
Substitute calling 1843 1921 2003
Attendance Officer 596 621 647
Junior National Honor Society 813 848 884
Science Camp (overnight) 379 395 412
Mentor Teacher 596 621 647

The following activities shall be compensated as provided for in Article IV Section H:

Professional development Committee Chairman
After School Assistance Program
Site Base Management Team
Student Leadership Core Team
Home Instruction
Curriculum Development
Science Camp (not overnight)

On or before May fifteenth of each year, the Board will accept proposals for innovative extracurricular Schedule B positions for the following year. These proposals must identify the activity, describe the value of this activity, establish a minimum and maximum range for the number of participants, and identify the number of hours, including tentative dates and times that the activity will meet.

Prior to the September Board meeting, the board will review the proposals. Positions of approved Schedule B activities will be posted in September, and personnel will be approved at the September Board meeting.

Compensation for the approved innovative Schedule B activities will be $200.

For perfect attendance (including sick days, bereavement days, and personal days), $200 will be paid if no days are used, and $150 will be paid if one day is used.
SCHEDULE C HIRING GUIDE - SECRETARIES, AIDES AND
CUSTODIANS
2006-2009

Schedule C increases for all Categories (Secretaries - 10 mos., Secretaries - 12 mos. Aides and Custodians)

2006-2007 4.5% over 2005-2006 salary

2007-2008 4.5% over 2006-2007 salary

2008-2009 4.5% over 2007-2008 salary