JULY 7, 2005
THE BOARD OF EDUCATION OF THE TOWNSHIP OF CHERRY HILL
EDUCATIONAL ASSISTANTS OF CHERRY HILL
July 1, 2003- June 30, 2006
TABLE OF CONTENTS
|ASSOCIATION RIGHTS AND PRIVILEGES|
|LEAVES OF ABSENCE|
|APPOINTMENTS AND NOTIFICATION|
|ASSOCIATION AGENCY FEE|
|PROTECTION OF EMPLOYEES|
|SALARY GUIDE: 2003-2004, 2004-2005 AND 2005-2006|
This Agreement effective the 1st day of July, 2003, between the Board of Education of the Township of Cherry Hill, Camden County, New Jersey, hereinafter called the “Board,” and the Educational Assistants of Cherry Hill hereinafter called the “Association.”
WHEREAS, The Board and the Association recognize and declare that providing a quality education for the children of Cherry Hill Township School District is their mutual aim, and
WHEREAS, The parties hereto have rights and obligations pursuant to Chapter 303, P.L. 1968, as amended by Chapter 123, P.L. 1974 and
WHEREAS, The parties having reached certain understandings desire to confirm this agreement as follows:
A. The Board hereby recognizes the Association as the exclusive and sole representative for collective negotiations concerning the terms and conditions of employment for all employees, but excluding all substitute employees, employed or to be employed by the Board.
B. Unless otherwise indicated, the term “employee” when used hereinafter in the Agreement shall refer to all employees represented by the Association in the negotiating unit defined above.
A. The parties agree to enter into collective negotiations over a successor agreement in accordance with Chapter 303, Public Laws 1968, as amended by Chapter 123, Public Laws 1974 in a good faith effort to reach agreement on all matters concerning the terms and conditions of employees’ employment. Negotiations shall begin in accordance with the rules and regulations of P.E.R.C.
B. During negotiations, the Board and the Association shall exchange points of view and make proposals and counterproposals.
C. Neither party in any negotiations shall have any control over the selection of the negotiating representatives of the other party. The parties mutually pledge that their representatives shall be clothed with all necessary power and authority to make proposals, consider proposals, and make counterproposals in the course of negotiations, provided however, all final proposals are subject to approval by Association and Board.
A “grievance” is a claim by an employee or the Association that there has been an improper application, interpretation or violation of an expressed term or provision of this Agreement, Board Policy or administrative decision.
1. A grievance may be filed by an individual employee, a group of employees or by the Association, either in its own name or as the representative of a group or class whose individual signatures shall not be necessary. Any grievance must be lodged at the proper initiating level within thirty (30) calendar days of the happening of the event.
2. Failure at any step of this procedure to communicate the decision on a grievance within the specified time limits shall permit the grievant 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.
3. It is understood that employees shall, during and notwithstanding the pendency of any grievance, continue to observe all assignments and applicable rules and regulations of the Board until such grievance and any effect thereof shall have been fully determined.
4. A grievance which involves a question of salary shall be filed in duplicate. One copy shall be presented to the principal involved and the other shall be filed with the Administrative Assistant for Personnel.
5. Except for group, class or policy grievances which shall be initiated by the Association at the Superintendent’s level, any employee who has a grievance shall discuss it first with his/her principal (or immediate superior, if applicable) in an attempt to resolve the matter informally at the level.
6. If, as a result of the discussion, the matter is not resolved to the satisfaction of the grievant, he/she may within five (5) school days of the discussion, set forth the grievance in writing to the principal, specifying:
b. the nature and extent of the injury, loss or inconvenience;
a. the nature of the grievance;
c. the result of previous discussions; and
d. his/her dissatisfaction with decisions previously rendered.
The principal shall communicate his decision in writing to the grievant within five (5) school days of receipt of the written grievance.
7. The grievant, no later than five (5) school days after receipt of the principal’s decision, may appeal the principal’s decision of the Superintendent of Schools. The appeal to the Superintendent must be made in writing reciting the matter submitted to the principal as specified above and his/her dissatisfaction with decisions previously rendered. The Superintendent shall attempt to resolve the matter as quickly as possible, but within a period not to exceed ten (10) school days. The Superintendent shall communicate his/her decision in writing to the grievant and the principal. Except for a grievance alleging an improper application, interpretation or violation of an express term or provision of this contract, the Superintendent shall be the final step of the grievance procedure.
8. If the grievance alleges an improper application, interpretation or violation of the express written terms of this contract and is not resolved to the grievant’s satisfaction pursuant to paragraph seven above, a demand for arbitration may be filed with the American Arbitration Association within ten (10) days after the receipt of the Superintendent’s decision. Notice of the filing of the demand for arbitration shall be given to the Superintendent simultaneously with the filing thereof. Said arbitration shall be advisory only and shall be conducted under the rules of the American Arbitration Association.
9. 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 or any policy of the Board of Education. Only the Board, the Association, and the aggrieved shall be given copies of the arbitrator’s opinion and award.
10. Rights of employees to representation
a. Any grievant may be presented at all stages of the grievance procedure by himself/herself, or, at his/her option, by a representative selected or approved by the Association.
b. When a grievant is not represented by the Association in the processing of a grievance, the Association shall, at the time of submission of the grievance to the Superintendent or any later level, be notified that the grievance is in process, have the right to be present and present its position in writing at all hearing sessions held concerning the grievance and shall receive a copy of all decisions rendered.
c. The Board and the Association shall assure the individual freedom from restraint, interference, coercion, discrimination or reprisal in presenting the grievance and shall receive a copy of all decisions rendered.
11. No meeting or hearing conducted under this procedure shall be public. The only parties in attendance shall be the parties in interest, witnesses and the designated or selected representatives contemplated in this article.
1. Each party will bear the total cost incurred by themselves.
2. All other costs and expenses will be shared equally by the two parties.
A. Pursuant to Chapter 303, Public Laws 1968, the Board hereby agrees that every employee of the Board shall have the right freely to organize, join and support the Association and its affiliates for the purpose of engaging in collective negotiations for mutual aid and protection. As a duly selected body exercising governmental power under color of law of the State of New Jersey, the Board undertakes and agrees that it shall not directly or indirectly discourage or derive or coerce any employee in the enjoyment of any rights conferred by Chapter 313, Public Laws 1968, as amended by Chapter 123, Public Laws 1974, or other laws of New Jersey or the Constitution of New Jersey and the United States; that it shall not discriminate against any employee with respect to hours, wages, or any terms or conditions of employment by reason of his or her membership in the Association and its affiliates, his/her participation in any activities of the Association and its affiliates, collective negotiations with the Board, or his/her institution of any grievance, complaint or proceeding under this Agreement or otherwise with respect to any terms or conditions of employment.
B. Except for the voluntary transfer of an Educational Assistant/Exception Student, as provided for in Article 12 of this Agreement, the hourly rate of employees shall not be reduced without just cause and any such reduction shall be subject to the grievance and arbitration procedure.
C. Whenever any employee is required to or given the opportunity to appear before the Superintendent, Board, or any committee or member thereof, concerning any matter which could result in the termination of employment of that employee, then he/she and the Association shall be given prior written notice of the reasons for such meeting or interview, and the employee shall have the right to have a representative of his/her choosing present at such meeting.
D. No employee, except in case of an emergency, shall be required to substitute for a teacher, paraprofessional or secretary. It is understood that the building principal shall have the authority to determine what constitutes an emergency situation and such decision shall not be arbitrable.
E. By October 15th of each year, the Board shall supply the Association President a master list containing each employee’s accumulated sick leave as of September 1 of that school year.
F. If an employee who has resigned from his/her job with the Cherry Hill Board of Education decides to return to the work force and is rehired for the same type of position, he/she would return to work at the rate of pay he/she received at the time he/she left, provided that not more than two years have lapsed since leaving his/her position as an employee.
G. Employees shall not be responsible for obtaining their own substitute.
ASSOCIATION RIGHTS AND PRIVILEGES
A. The Board agrees to make available to the Association, in response to reasonable requests from time to time, information that is considered to be a matter of public record.
B. Representatives of the Association shall be permitted to transact official Association business on school property at all reasonable times provided it does not interfere with or interrupt normal school operations. Such representatives shall notify and receive the approval of the principal for their presence on school property.
C. The Association and its representatives shall have the right to use school buildings at all reasonable hours for meetings. Use of the buildings shall be arranged according to current Board policy then in effect.
D. The Association shall have the right to use school facilities and equipment, including typewriters, computers, copy machines, other duplicating equipment, calculating machines, and all types of audio-visual equipment at reasonable times, when such equipment is not otherwise in use. The Association shall pay for the reasonable cost of all materials, supplies and equipment repair incident to such use.
E. The Association shall have the right to use inter-school mail facilities and school mail boxes as it deems necessary and without the approval of the building principals or other members of the administration. The Board assumes no responsibility for delivery.
F. The rights and privileges of the Association and its representatives as set forth in this Agreement shall be granted only to the Association as the exclusive representative of the employees, as defined in the unit, and to no other organizations, so long as this Agreement is in existence.
G. Whenever any representative of the Association or any employee is mutually scheduled by the Association and the Board to participate during working hours in negotiations or grievance proceedings, the employee shall suffer no loss in regular compensation for the employee’s normal work day.
H. Workshops and In-service
1. At the beginning of each school year an in-service program shall be provided for newly hired employees, without pay.
2. Workshops and In-Service programs (computer, drugs, etc.) shall be provided to those employees that work at least 20 hours per week. If attendance is mandated by the Board, the employee shall be compensated at his/her regular hourly rate; if attendance is voluntary on the employee’s part, attendance shall be without pay.
3. Effective July 1, 2004, the Board may assign up to four (4) additional days per year for in-service needs to comply with the requirements of the ESEA. Assistants shall be paid their hourly rate for such additional time.
LEAVES OF ABSENCE
A. Sick Leave
5. For the purposes of this section, an employee shall be defined as one who works twenty (20) hours per week or more.
1. All employees shall be entitled to ten (10) days sick leave per year. Unused days of sick leave shall be accumulated from year to year.
2. Continuous personal illness absence of five (5) or more days must be certified by a properly licensed physician. In cases where an employee has demonstrated a pattern of sick leave abuse, the Employer may require a doctors note for an absence of less than five (5) days. Excused absences shall not constitute a pattern of abuse.
3. When an employee retires pursuant to the provisions of the Public Employees Retirement System, such employee shall be paid the following for each day of accumulated unused sick leave: $11.00.
4. Said payments shall not be made in the event of termination of employment by the Board. If termination of employment is due to death, the employee’s estate shall receive such payment. In the event partial sick days are accumulated, payment will be made on a pro-rata basis.
B. Maternity Leave
C. Other Leaves of Absence
Maternity leave, without pay, shall be granted to an employee in accordance with the following conditions and procedures:
1. An employee seeking a leave of absence for reasons associated with pregnancy shall file a written request for such leave with the Superintendent or his designee at least sixty (60) days in advance of the date on which said leave is to commence, which request shall likewise specify therein the date on which said so requested; provided, however, an employee may apply for early reinstatement by filing a written request therefor with the Superintendent or his designee. Said request for early reinstatement is subject to Board approval.
2. The Board may require as a condition of an employee’s return to service, production of a certificate from a physician to certify that the employee is medically able to resume her duties.
3. In no event shall any such leave be granted beyond the end of the contract year in which leave is requested to commence.
4. A pregnant employee may continue her employment with the district so long as her physician certifies to the Board that she is medically able to continue to perform her duties. In the event there is any question concerning her ability to continue to perform her duties, the Board shall have the right to have the employee examined by a physician designated by the Board. If there is a difference of medical opinion between employee’s physician and the Board’s physician, a third physician designated by mutual agreement of the employee and the Board, or if no such agreement can be reached, by the Camden County Medical Society, shall be dispositive of the issue. If it becomes necessary to seek the opinion of a third physician, his fee shall be shared equally by the Board and the employee involved.
4. All initial applications, extensions or renewals of leaves of absence shall be applied for and responded to in writing.
1. Other leaves of absence, without pay, may be granted by the Board at its discretion.
2. For each period of absence, an employee will be required to complete and file an appropriate form with the office of the Superintendent, regardless of the nature of the absence and type of leave involved.
3. Upon return from leave granted pursuant to this article, an employee will be placed on the salary schedule at the level he/she had attained at the time the leave was granted, unless he/she has worked for a period exceeding five (5) months in the school year in which leave was granted, in which event the employee will be placed on the next higher level of the salary schedule. Unused accumulated sick leave shall be restored to an employee upon his/ her return from his/her leave of absence granted pursuant to this article.
D. Funeral Leave
E. Personal Leave
1. In the event of a death in an employee’s immediate family, such employee shall be allowed absence with pay not to exceed five (5) days. All such absences shall be approved by the employee’s immediate supervisor.
2. For the purpose of this section, “immediate family” shall mean husband, wife, father, mother, child, sister, brother, grandchild, mother and father-in-law and brother and sister-in-law.
3. Employees shall be allowed one day leave with pay in the event of the death of a family member not set forth in paragraph 2 above. Such absence must be approved by the employee’s immediate supervisor.
1. Each employee employed twenty (20) hours per week or more may be granted up to two (2) days personal leave during the school year. Said leave shall be with pay and for the purpose of transacting business which cannot be accomplished outside of working hours.
2. Personal leave shall be allowed with the approval of the building principal provided that such approval shall not be unreasonably withheld. Except in emergencies, it shall be the employee’s responsibility to file a written request for leave with the building principal at least five (5) days in advance of the absence.
3. Personal leave days will not be granted for either of the two (2) days preceding or following a holiday or vacation period except in cases of emergency. Unused personal leave days shall accumulate for the purposes of sick leave from year to year, so long as employment is continuous.
4. The purpose of personal leave days is to allow employees to perform such pressing and immediate business that it cannot be postponed or performed after employment hours. Any other use of personal leave days is violation of the contract.
F. Jury Duty
1. In the case of required jury duty, an employee shall notify his/her immediate supervisor, shall be allowed time off for jury service and shall suffer no loss in compensation.
A. In the event there is a reduction in force, those employees employed twenty (20) hours per week or more will be placed on a reduction list to be established by the Board. This list will include the years of service for each employee. Employees laid off during the school year will remain on said list until the first day of class of the following school year. Those laid off after the last day of classes in June will remain on the list until the next following January 2.
B. Those employees on the reduction list will be considered for reemployment to fill openings for which the Board, in its sole discretion, believes the employee to be qualified.
C. Consideration for reemployment is not a guarantee of reemployment and shall not preclude the Board from hiring an individual whose name does not appear on said reduction list in its discretion.
D. In the event an opening shall occur in any school, the principal of that school shall have the option to offer said extra hours to existing employees in that school where said employees are qualified; or to offer said opening pursuant to paragraphs A through C above.
E. The Superintendent or his designee shall give at least ten (10) days written notice of employee openings of twenty (20) or more hours per week to the Association building representative in each school building.
F. During the school year, an employee initiated inter-school transfer for the same position the employee then holds must have the approval of both school principals and the Board.
G. All openings for clerical or secretarial positions in the accredited evening high school, summer school or for federal projects and other programs along with appropriate compensation shall be publicized in accordance with paragraph “E” above.
A. Administrators shall keep employees informed as to whether or not the kind of service they are rendering is satisfying in terms of the standards of the school district.
B. Written evaluations shall be given to the employee for his/her signature and written comments prior to submission of the reports to the Superintendent. This evaluation(s) shall include strengths, weaknesses and suggestions for improvement if appropriate.
C. Upon reasonable request and upon notice to the Director of Human Resources, an employee shall be permitted to examine evaluation reports in their personnel folder as maintained in the office of the Director of Human Resources.
D. Any employee receiving an evaluation of less than satisfactory in any one category shall be reevaluated within the remainder of the school year.
APPOINTMENTS AND NOTIFICATION
A. All appointments to any unit position must be approved by the Human Resources Department and the Board before it can be made.
B. Every effort will be made to notify employees of their future employment status and number of hours scheduled by June 15. Such notice may be given by the Human Resources Department or by the principal of each school and shall be given in writing. Any notice given is subject to subsequent modification by the Board and the hours assigned to each employee’s individual employment contract shall be conclusive.
A. The Board of Education shall provide to employees and their dependents, at no cost to the employee, for the full year, the following medical benefits coverage’s provided that there is no duplication of coverage and the employee works a minimum of twenty five (25) hours per week:
Blue Select (Blue Cross/Blue Shield) health insurance
The breakpoint is five thousand dollars ($5,000) for an individual and ten thousand dollars($10,000) for a family (2 individuals per family).
Coverage will be 100% in network with a ten-dollar ($10) in-network doctor co-pay. Coverage will be 70% out-of-network with a five hundred dollar ($500) deductible per eligible person and a one thousand dollar ($1,000) deductible per family (2 individuals per family).
B. Employees may enroll in other benefit coverage’s available, however, if the cost of such coverage is greater than the Blue Select option, the employee shall pay the difference through payroll deduction.
C. Employees hired prior to July 1, 1997, shall be covered under Horizon PPO, with the same benefit level in A above, provided they work a minimum of twenty (20) hours per week. It is understood the Employer may change insurance carriers provided the level of benefits remain equal to or better than those currently in effect.
In the second year of coverage the employee may choose any of the above coverages, or family coverage.
D. The Board will provide prescription drug insurance coverage subject to a $12 (Brand Name) - $6 (Generic) - $0 (Mail) co-pay provision to all employees regularly working twenty-five (25) hours or more per week under the terms and conditions of said plan. For employees hired prior to July 1, 1997, the benefit eligibility requirement shall be 20 hours per week. Effective July 1, 2004, there shall be a mail order co-pay at $15 for brand names and $7 for generic.
For the purpose of this clause “year” shall be defined as the first of the month which follows the employee’s twelve (12) month anniversary.
E. No employee shall be required to take more than an hour lunch break. Said lunch break shall be without pay.
F. In the event of delayed openings due to inclement weather, employees may be rescheduled by the building principal to make up lost hours provided work is available. This shall not require the principal to reschedule said hours if in his opinion it is not in the best interests of the Board.
G. Effective the first of the month following the ratification of this Agreement, there shall be a voluntary waiver incentive plan for insurance’s noted in A. C. and D. of this Article. Employees who participate in the program shall receive a payment of 20% of the relevant premium upon the close of the insurance year. In the first year of the Agreement, the payment shall be based on the number of months left in the year divided by twelve (12).
ASSOCIATION AGENCY FEE
A. The Board agrees to deduct from the salaries of its employees, dues for the Association. Such deductions shall be made in compliance with Chapter 233, New Jersey Public Laws of 1969 (N.J.S.A. 52:14-1 5.9e) and under rules established by the State Department of Education.
B. Moneys deducted together with current records of any corrections shall be transmitted to such person as may from time to time be designated by the Association. The person designated shall disburse such moneys to the appropriate association or associations.
C. On or about the last day of each month, beginning with the month this Agreement becomes effective, the Board will provide the Association a list of employees who began their employment in bargaining unit positions during the preceding thirty (30) day period. The list will include name, social security number, job title, and date of employment of each such employee. The Board will notify the Association of any change in the status regarding transfer, leave of absence, return from leave, retirement, resignation, separation from employment, or death.
1. The Association shall indemnify and save harmless the Board against any and all claims, demands, suits judgments, settlements, or any other form of liability including reasonable counsel fees and other costs of defense that shall arise out of or by reason of action taken or not taken by the Board for the purpose of complying with any of the provisions of this Article, including but not limited to, any actions. in connection with defending the legality of this indemnification provision.
a. Neither the Board or the Association will challenge the legality of any indemnification provision of this Article. In the event this indemnification of the Board by the Association is challenged in any forum by any person or entity, the Board and the Association agree to defend the legality of the indemnification provision. In the event this indemnification provision is deemed to be illegal or against public policy by any court or administrative agency or competent jurisdiction, then effective the date on which the Association no longer remits payment to the Board as provided hereinabove, the Association will eliminate the representation fee in effect at the time.
b. The Board shall retain its right to determine its course of conduct, including but not limited to, the right to select counsel and determine strategy, in any action arising out of or by reason of the provisions of this Article.
c. The indemnification provisions of this Article shall continue during any extension of this Agreement or during any period in which the Association is collecting representation fees in accordance with this Article.
A. The parties have agreed to salary guides and they are attached to this Agreement on the last page.
1. “Educational Assistant -Exceptional Student” is the pay category covering the following positions:
2. “Educational Assistant” is the pay category covering the following positions:
B. Effective July 1, 2005, an educational assistant who is assigned to substitute for an absent teacher shall receive the substitute’s daily rate prorated for the number of hours subbing or the educational assistant’s hourly rate, whichever is higher.
C. Effective July 1, 2003, an educational assistant who is temporarily assigned to an Education Assistant – Exceptional Student position shall receive $1.50 more per hour than her/his hourly rate for all hours following the fourth such assignment annually.
D. Any current or future Educational Assistant - Exceptional Student vacancies shall first be offered to bargaining unit members. Qualification of applicants and fitness for such vacancies shall be determined by the Board.
E. Educational Assistants – Exceptional Student
F. Employees shall be paid bi-weekly in equal installments, subject to deductions for lost hours or unpaid leave.
G. When an employee is assigned to the Mt. Misery overnight trip, the employee shall be paid $22.50 per 24-hour period in addition to the employee’s regular pay for assigned hours. Effective July 1, 2004, when an employee is assigned to the Mt. Misery overnight trip, the employee shall be paid $22.50 per 24 hour period in addition to the employee’s regular hourly rate for each hour assigned on site. Additionally, any hours above 40 shall be compensated at 1.5 times regular rate.
H. When an Employee is a presenter at in-service, the Employee shall be paid at 1 1/2 times $10.00 per hour during working hours and 2 times $10.00 per hour after working hours plus the presenter’s normal hourly rate for hours attending in-service.
In the event the employee assigned declines to attend the trip then another shall be assigned. The original employee shall assume the duties of the employee who goes on the trip if possible. If no other assignment is available then the employee shall not report for work and shall receive no pay for that day.
PROTECTION OF EMPLOYEES
A. In the event any civil action has been or shall be brought against any employee for any act or omission arising out of and in the course of the performance of his/her duties for the Board, the Board shall defray all costs of defending such action, including reasonable counsel fees and expenses, together with costs of appeal, if any, and shall save harmless and protect such employee from any financial loss resulting therefrom. (N.J.S.A. 18A:16-6.1).
B. Should any criminal action be instituted against any employee for any act or omission arising out of and in the course of the performance of his/her duties for the Board, and should such proceeding be dismissed or result in a final disposition in favor of such employee, the Board shall reimburse him/her for the costs of defending such proceeding, including reasonable counsel fees and expenses of the original hearing or trial and all appeals (N.J.S.A. 18A:16-6.l).
C. Whenever any employee is absent from his/her post or duty as a result of a personal injury caused by an accident arising out of and in the course of his/her employment with the Board, the Board shall pay to such employee the full salary or wages for the period of such absence for up to one (1) calendar year without having such absence charged to the annual sick leave or the accumulated sick leave provided for herein. Salary or wage payments as provided in this section shall be made for absence during the waiting period and during the period the employee received or was eligible to receive a temporary disability benefit under Chapter 15 of Title 34, Labor and Workmen’s Compensation, of the Revised Statutes. Any amount of salary or wages paid or payable to the employee pursuant to this section shall be reduced by the amount of any workmen’s compensation award made for temporary disability (N.J.S.A. 18A:30-2.I).
D. Employees shall immediately report cases of assault suffered by them in connection with their employment to their principal or other immediate supervisor.
E. Such notification shall be immediately forwarded to the Superintendent or his designee who shall comply with any reasonable request from the employee for information in the possession of the Superintendent relating to the incident or the persons involved, and shall act in appropriate ways as liaison between the employee, the police, and the courts.
A. Provided an agenda is submitted to the Employer one week in advance, a labor/management meeting consisting of two (2) bargaining unit representatives and two (2) management representatives, one of which shall be a member of Superintendent’s council, will take place at a mutually agreeable time to discuss matters of mutual concern. One (1) such meeting may take place in each quarter of the school year, and be no more than one (1) hour in duration. It is understood such meetings shall not be used as a substitute for the grievance procedure.
C. Board Policy
The Board and the Association agree that there shall be no discrimination, and that all practices, procedures and policies of the school system shall clearly exemplify that there is no discrimination in the hiring, training, assignment, promotion, transfer, or discipline of employees or in the application or administration of this Agreement on the basis of race, creed, color, religion, national origin, sex, domicile, or marital status.
This Agreement constitutes Board and Association policy for the terms of said Agreement, and the Board and Association shall carry out the commitments contained herein and give them force and effect as Board and Association policy.
If any provision of this Agreement or any application of this Agreement to any employee or group of employees is held to be contrary to law, then such provision or application shall not be deemed valid and subsisting, except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect.
E. Compliance between Individual Contract and Master Agreement
F. This Agreement represents and incorporates the complete and final understanding and settlement of all bargainable issues which were or could have been the subject of negotiations. During the term of this Agreement, neither party will be required to negotiate with respect to any such matter, whether or not covered by this Agreement, and whether or not within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement. 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.
G. It is the intent of the parties hereto that wherever this Agreement refers to specific statutes or acts of the legislature that reference or description of statutory rights or obligations is for the purpose of information only. It is the parties’ intent that the precise terms or language of the statutes or acts of the legislature shall apply as interpreted by the appropriate state agency or the courts of this State. Any grievance concerning an article of this Agreement containing a statutory reference or description shall not be subject to arbitration.
Whenever any notice is required to be given by either of the parties to this Agreement to the other, pursuant to the provisions of this Agreement, either party shall do so by telegram or registered letter at the following addresses:
1. If by Association, to Board at Malberg School, 45 Ranoldo Terrace, Cherry Hill, New Jersey 08034;
2. If by Board, to Association, Care of Current President(s), at said President’s school address.
This Agreement shall be effective as of July 1, 2003, and shall continue in effect until June 30, 2006, subject to the Association right to negotiate over a successor agreement as provided in Article 2. This Agreement shall not be extended orally and it is understood that it shall expire on the date indicated.
IN WITNESS WHEREOF, the parties have hereunto caused these presents to be executed by their appropriate officers on this ___ day of _____________, 2005.
For the Board of Education of the Township of Cherry Hill:
For the Educational Assistants of Cherry Hill:
Co-President Negotiations Committee
Co-President Negotiations Committee
2003-2004, 2004-2005 AND 2005-2006
2003-2004: the parties agreed on step placement on this guide.
2004-2005 HOURLY RATE
2004-2005 and 2005-2006: to determine step movement, read horizontally.
Initial guide placement of Educational Assistant - Exceptional Student: consistent with Article 12, E., a newly-hired employee in this title shall be placed at the step which is closest to $1.50 above Step 1.In 2003-2004 this is Step 8. In 2004-2005, this is Step 8. In 2005-2006, this is Step 9.