TOWNSHIP OF FRANKLIN
BOARD OF EDUCATION
TOWNSHIP OF FRANKLIN
SUPPORT STAFF ASSOCIATION
in the county of
JULY 1, 2017 – JUNE 30, 2020
TOWNSHIP OF FRANKLIN BOARD OF EDUCATION
MRS. STEPHANIE STARR, PRESIDENT
MRS. DAWN GELSI-COLLINS, VICE-PRESIDENT
MR. TROY WALTON, SUPERINTENDENT
MS. ELIZABETH A. DIPIETRO, SCHOOL BUSINESS ADMINISTRATOR/BOARD SECRETARY
MRS. BARBARA CIANCAGLINI, CHAIRPERSON
MR. NICK DESILVIO
TOWNSHIP OF FRANKLIN SUPPORTIVE STAFF ASSOCIATION
ROBERTA RISSLING, PRESIDENT
WILLIAM MORRIS, VICE-PRESIDENT
JEANETTE WARFIELD, TREASURER
LORETTA EHRKE-BEAMER, SECRETARY
ROBERTA RISSLING, CHAIRPERSON
TABLE OF CONTENTS
|Negotiation of Successor Agreement|
|Association Rights and Privileges|
|Protection of Employees|
|Employee Rights and Privileges|
|Notification of Contract|
|Notification of Vacancies|
|Transfers and Reassignments|
|Agency Shop/Representative Fee|
|Deduction from Salary|
|Extended Leave of Absence|
|Temporary Leaves of Absence|
|Vacations and Holidays|
|Terms of Employment|
|Medical Benefits and Insurance Protection|
|Duration of Agreement|
|Schedule 1||Bus Aides|
|Schedule 2||Bus Drivers|
|Schedule 3||Custodians with boiler license|
|Schedule 4||Custodians without boiler license; buildings and grounds custodians; bus mechanic helpers|
|Schedule 5||Bus mechanics; facilities maintenance mechanics|
|Schedule 7||Clerical aides|
|Schedule 8||Attendance officer|
|Schedule 9||Teacher aides/1-1 assistants; Library media aides|
This Agreement entered into this day, July 1, 2017, by and between the Board of Education of the Township of Franklin, Gloucester County, Franklinville, New Jersey, hereinafter called the "Board,” and the Township of Franklin Supportive Staff Association, hereinafter called the "Association.”
WHEREAS, the Board and the Association recognize and declare that providing services for the children of the Township of Franklin School District is their mutual aim and that the character of such services depends predominantly upon the quality and morale of the employee, and
WHEREAS, the Board has an obligation, pursuant to Chapter 123, Public Laws 1974, to negotiate with the Association as the representative of employees hereinafter designated with respect to the terms and conditions of employment, and
WHEREAS, the parties have reached certain understandings which they desire to confirm in this Agreement.
In consideration of the following mutual covenants, it is hereby agreed as follows:
A. Joint Recognition Clause
The Township of Franklin Board of Education recognizes the Township of Franklin Supportive Staff Association as the exclusive and sole representative for collective negotiation concerning grievances and terms and conditions of employment for the following positions: bus driver, bus aide, bus mechanic, bus mechanic's helper, clerical aide, custodian, educational interpreter, facilities maintenance mechanic, , one to one assistant, outside building and grounds custodian, school secretary, transportation/maintenance secretary, attendance officer, classroom teacher aide and library media aide.
B. Definition of Employees
Unless otherwise indicated, the term "employee," when used hereinafter in this Agreement, shall refer to all employees represented by the Association in the negotiating unit as above defined, and references to male employees shall include female employees.
NEGOTIATION OF SUCCESSOR AGREEMENT
A. Policy Changes
Consistent with Chapter 123, P.L. of N.J. 1974, the Board shall not affect any change in Policy concerning terms and conditions of employment except those so negotiated and included as part of this Agreement and contained herein.
B. The Board agrees to initiate negotiations with the Association over a successor agreement in accordance with the procedure set forth herein in good faith effort on both sides to reach continuing agreement not only on salaries and other conditions of employment, but also on other matters of personnel, policy, and relationships which may then be of mutual concern and interest. The parties shall endeavor to begin negotiations after January 1st of the calendar year in which this agreement expires. By the same date, the Association agrees to present to the Board its proposals for the successor agreement.
C. During negotiations, the Board and the Association shall present relevant data, exchange points of view, and make proposals and counter-proposals. Each party shall promptly make available to the other, upon request, information within its possession which is not privileged under law and which is relevant to the subject under discussion. Either party may, if it so desires, utilize the services of outside consultants and may call upon professional and lay representatives to assist in the negotiations. The negotiating team of the Board and the Association have authority to reach a tentative agreement subject to full ratification by each respective party. Any agreement so ratified shall apply to all employees, be reduced to writing, be signed by the Board and the Association, and be adopted by the Board and the Association.
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.
E. The Board agrees not to negotiate concerning said employees in the negotiating unit as defined in ARTICLE 1 of this Agreement, with any organization other than the Association for the duration of this Agreement.
During the term 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 Agreement. This Agreement incorporates the entire understanding of the parties on matters which were or could have been subject of negotiations.
2. Aggrieved person
A "Grievance" is a claim by an employee or the Association based upon the interpretation, application, or violation of this negotiated agreement, board policies or administrative decisions affecting the terms and conditions of employment.
3. Definition of Days
Aggrieved person is defined as the employee and/or Association making the claim.
Days as referred in Article 3 shall mean school attendance days, except as specifically referenced as calendar days.
The administrator who is assigned by the Superintendent as the person primarily responsible for the evaluation of the employee during the current school year.
The purpose of this procedure is to secure, at the lowest possible level, equitable solutions to the problems which may from time to time arise affecting employees. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of the procedure.
1-A. Time Limits
1-B. A grievance, to be considered, must be initiated by the aggrieved person within fifteen (15) days from the alleged grievance.
Since it is important that a grievance 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 specified may, however, be extended by mutual agreement.
2. Year End Grievances
In the event a grievance is filed at such time that it cannot be processed through all the steps in this grievance procedure by the end of the school year, and, if left unresolved until the beginning of the following school year, could result in irreparable harm to the aggrieved person, the time limits set forth herein shall be reduced so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicable.
3. Level One - Immediate Supervisor
The aggrieved person shall submit claim in writing on the approved form to his/her immediate supervisor. The date of grievance shall be the date received by the immediate supervisor. Should the grievance seek such relief that the immediate supervisor does not have the authority to grant, as determined at the discretion of the Superintendent or designee, the grievance procedure shall begin at level two.
4. Level Two - Superintendent
5. Level Three - Board of Education
If the aggrieved person is not satisfied with the disposition of his grievance at Level One, or if no decision has been rendered within five (5) days after the presentation of the grievance, he may refer it to the Superintendent or designee.
If the aggrieved person is not satisfied with the disposition of his grievance at Level Two, or if no decision has been rendered within five (5) days after the grievance was delivered to the Superintendent or designee, he may within five (5) days after a decision by the Superintendent or designee or ten (10) days after the grievance was delivered to the Superintendent or designee whichever is sooner, present the grievance to the Board for a hearing.
6. Level Four - Arbitration
a. If the aggrieved person is not satisfied with the disposition of his grievance at Level Three, or if no decision has been rendered within thirty-seven (37) calendar days after his grievance was delivered to the Board of Education, he may, within five (5) days after a decision by the Board of Education, or forty-two (42) calendar days after the grievance was delivered to the Board of Education, whichever is sooner, request in writing that the Association submit its grievance to arbitration. If the Association determines that the grievance is meritorious, it may submit the grievance to arbitration within fifteen (15) days after receipt of a request of the aggrieved person. The only grievances which may be arbitrated are those alleging that there has been a violation of the express written terms of this agreement.
b. Grievances over statutory and regulatory terms and conditions of employment may be appealed to the appropriate agency.
c. Grievances alleging a violation of board policies or administrative decisions affecting terms and conditions of employment shall terminate upon the rendering of the Board decision at Level Three.
d. Grievances alleging a violation of the express written terms of this negotiated agreement may be submitted to binding arbitration.
e. The arbitrator shall have no authority to rule on grievances which concern the interpretation, application, or alleged violation of Board policies or administrative decisions affecting terms and conditions of employment or of statutes and regulations setting terms and conditions of employment.
f. Within ten (10) days after such written notice of submission to arbitration, the Board and the Association shall attempt to agree upon a mutually acceptable arbitrator and shall obtain commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, a request for a list of arbitrators may be made to the Public Employment Relations Commission (hereinafter “PERC”) by either party. The parties shall then be bound by the rules and procedures of the PERC in the selection of an arbitrator.
g. The arbitrator shall be limited to the issues submitted and shall consider nothing else. The arbitrator can add nothing to nor subtract anything from the Agreement between the parties. The arbitrator's decision shall be in writing and shall be submitted to the Board and the Association and shall be final and binding on the parties.
7. The term "Grievance" shall not apply to the following:
h. The costs for the services of the arbitrator including per diem expenses, if any, and actual and necessary travel, subsistence expenses and the cost of the hearing room shall be borne equally by the Board and the Association. Any other expenses incurred shall be paid by the party incurring same.
a. Any matter for which a review is prescribed by law.
b. Any rule or regulation of the State Commissioner of Education.
c. Any matter which according to law is beyond the scope of Board authority.
d. A complaint by any employee who is not being re-employed.
e. A complaint by any employee occasioned by appointment or lack of appointment to retention in position.
D. Rights of Employee to Representation
1. Employee and Association
Any aggrieved person may be represented at all stages of the grievance procedure by himself, or, at his option, by a representative selected or approved by the Association. When an employee is not represented by the Association, the Association shall have the right to be present and to state its views at all stages of the grievance procedure.
No reprisals of any kind shall be taken by the Board or by any member of the administration against any party in interest, any representative, any member of the Association, or any other participant in the grievance procedure by reason of such participation.
Decisions rendered at Level One which are unsatisfactory to the aggrieved person and all decisions rendered at Levels Two, Three, and Four of the grievance procedure shall be in writing and a copy given to the aggrieved. Decisions rendered at Level Four shall be in accordance with the procedures set forth in Section C. 6. of this Article.
3. Meetings and Hearings
Forms for filing grievances, serving notices, taking appeals, making reports and recommendations, and other necessary documents shall be prepared jointly by the School Business Administrator/Board Secretary and the Association.
All meetings and hearings under this procedure shall not be conducted in public and shall include only such parties in interest and their designated or selected representatives, heretofore referred to in this Article.
ASSOCIATION RIGHTS AND PRIVILEGES
A. The Board agrees to furnish to the Association in response to reasonable requests from time to time all available information as provided by law which may be necessary for the Association to process any grievance, complaint or negotiated proposal.
B. The Association and its representatives shall have the right to use school buildings at all reasonable hours for meetings. The School Business Administrator and the Principal shall be notified and prior approval shall be required.
C. Unpaid leave shall be permitted for one (1) night custodian from Caroline L. Reutter School, Main Road School, and Mary F. Janvier School, respectively, to attend association meetings during work hours. Requests shall be filed with the Superintendent at least two (2) days in advance of the unpaid leave. Total number of meetings attended by the respective night custodians shall not exceed five (5) per year. [Total of fifteen (15) per year].
A. The Board reserves to itself sole jurisdiction, authority, and responsibility over matters of policy and retains the right, subject only to the limitations imposed by the language of this Agreement, and Chapter 123, Public Laws of 1974: (a) to direct employees of the school district; (b) to hire, promote, transfer, assign, and retain employees in positions in the school district, and to suspend, demote, discharge, or take other disciplinary action against employees; (c) to relieve employees from duty because of lack of work or for other legitimate reasons; (d) to maintain efficiency of the school district operations entrusted to them; (e) to determine the methods, means, and personnel by which such operations are to be conducted; and (f) to take whatever actions may be necessary to carry out the mission of the school district in situations of emergency.
PROTECTION OF EMPLOYEES
A. Employees shall not be required to work under unsafe or hazardous conditions or to perform tasks which endanger their health, safety, or wellbeing. Final decision will rest with the Board or Administration.
B. Employees shall immediately report cases of assault suffered by them in connection with their employment to their principal and/or immediate supervisor. Such notification shall be immediately forwarded to the School Business Administrator/Board Secretary who shall comply with any reasonable request from the employee for information in the possession of the School Business Administrator/Board Secretary relating to the incident or the persons involved, and shall act in appropriate ways as liaison between the employee, the police, and the courts.
C. Legal protection - employees or their attorneys must consult with the Board or Board Solicitor regarding any legal matter for which the Board may be required to reimburse attorney fees pursuant to law. The decision to proceed or not to proceed with legal action shall not jeopardize continued employment.
A. Procedure Requirement
Any complaints regarding an employee made to any member of the Administration by any parent, student, or other person which does or may influence evaluation of an employee shall be in writing and shall be processed according to the procedure outlined below.
B. Meeting with Principal or Immediate Supervisor
C. Right to Representation
The appropriate Administrator as determined by the Superintendent or designee shall meet with the employee to appraise the employee of the full nature of the complaint and they shall attempt to resolve the matter informally.
The employee shall have the right to be represented by the Association at any meeting or conferences regarding such complaint.
All complaints shall be submitted in writing by the complainant or the employee to the building principal or counterpart supervisor who shall forthwith forward a copy to the School Business Administrator/Board Secretary or designee and the complainant.
Upon receipt of the written complaint the School Business Administrator/Board Secretary or his designee shall confer with all parties. The employee shall have the right to be present at all meetings of the School Business Administrator/Board Secretary or his designee and the complainant.
If the School Business Administrator/Board Secretary or his designee is unable to resolve a complaint to the satisfaction of all parties concerned, at the request of the complainant or the employee he shall forward the results of his investigation along with his recommendation, in writing, to the Board and a copy to all parties concerned.
After receipt of the findings and recommendations of the School Business Administrator/Board Secretary or designee, and before action thereon, the Board shall afford the parties the opportunity to meet with the Board and show cause why the recommendations of the School Business Administrator/Board Secretary or designee should not be followed. Copies of the action taken by the Board shall be forwarded to all parties.
Any complaint unresolved under Step 4, may be submitted by the employee according to the grievance procedure as set forth in ARTICLE 3 of this Agreement and shall commence at Level 4.
EMPLOYEE RIGHTS AND PRIVILEGES
A. Pursuant to Chapter 123, Public Laws 1974, the Board hereby agrees that every employee of the Board shall have the right to freely organize, join and support the Association and its affiliates for the purpose of engaging in collective negotiations and other concerted activities for mutual aid and protection. As a duly selected body exercising governmental power under the law of the State of New Jersey, the Board undertakes and agrees that it shall not directly or indirectly discourage or deprive or coerce any employee in the enjoyment of any rights conferred by Chapter 123, Public Laws of 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 membership in the Association and its affiliates, his participation in any activities of the Association and its affiliates, collective negotiations with the Board, of his institution of any grievance, complaint or proceeding under this Agreement or otherwise with respect to any terms or conditions of employment.
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. The rights granted to employees hereunder shall be deemed to be in addition to those provided elsewhere.
C. Whenever any employee is required to appear before the Board, or any committee thereof concerning any matter which could adversely affect the continuation of the employee in his position, employment or the salary or any increments pertaining thereto, then he shall be given at least two (2) days prior written notice of the reasons for such meeting or interview and shall be entitled to have a representative(s) of the Association present to advise him and represent him during such meeting or interview.
D. No employee shall be prevented from wearing pins or other identification of membership in the Association or its affiliates.
E. No employee shall be disciplined, reprimanded, reduced in rank, job classification, compensation, or deprived of any professional advantage without just cause.
Any employee reduced in rank or job classification, regardless of compensation, may request and receive from the School Business Administrator/Board Secretary or his designee reasons for such reduction not later than fifteen (15) working days following receipt of such request. Requests shall be made within fifteen (15) working days of either the effective date of reduction in rank or job classification of the date on which the employee was formally notified.
A. No employee will be disciplined except for just cause.
B. Violations shall be treated as follows:
1. First violation: appearance before the Board; a suspension for a maximum of twenty (20) work days, at the discretion of the Board, without pay.
2. Second violation: appearance before the Board; a suspension for a maximum of forty (40) work days, at the discretion of the Board, without pay.
3. Third and subsequent violations: appearance before the Board; a suspension for a maximum of sixty (60) days, without pay, or dismissal, at the discretion of the Board.
1. An employee may be dismissed for just cause.
2. Whenever an employee has requested in writing and has received a written statement of reasons for dismissal, the employee may request in writing an informal appearance before the Board of Education. Such written request must be submitted to the Board within ten (10) calendar days of receipt of the Board's statement of reasons. The informal appearance shall be conducted in private in every instance and no exceptions to such a private proceeding shall be permitted.
3. The employee may be represented by counsel or one individual of his/her own choosing.
4. The employee may present witnesses and such witnesses need not present testimony under oath and should not be cross examined by the Board. Witnesses shall be called into the meeting to address the Board one at a time and should be excused from the meeting after making the statements. Within three (3) days following the informal appearance the Board shall notify the affected employee in writing of its final determination. The decision of the Board is final.
D. Employment Termination
1. It is understood and mutually agreed that either party may terminate this employment by notifying the other party in writing thirty (30) calendar days in advance of the date of termination or the notification required in the employee’s employment contract, whichever is greater.
NOTIFICATION OF CONTRACT
Bus Aides, One to One Aides, and Classroom Teacher Aides shall be notified of their contract and salary status for the ensuing year no later than the last full day of school in June. All other support staff employees covered by this negotiated agreement shall be notified of their contract and salary status for the ensuing year no later than May 15.
A. Employees who are assigned by the Superintendent or designee to work in another position recognized by this agreement shall receive either the salary in accordance with the reassigned position or their contracted salary, whichever is more.
B. Any reduction in rank or job classification, regardless of compensation, shall be subject to the grievance procedure.
NOTIFICATION OF VACANCIES
A. Notification of Vacancies
In the event a present position becomes vacant or a new position is established, such vacancy or new position will be posted in each school building and copies of the same shall be provided to the Association President.
By September 1 the School Business Administrator/Board Secretary shall provide the Association President with the identification of all Support Staff personnel, their salaries, and their assignments.
TRANSFERS AND REASSIGNMENTS
B. Filing Requests
Filling of any vacancies occurring from the original will be at the Board's discretion based on the
recommendation of the Superintendent.
C. Criteria for Assignment
Employees who desire a transfer to another assignment may file a written statement of such desire with the School Business Administrator/Board Secretary. Such statement shall include the school or schools to which he/she desires to be transferred, in order of preference. Such requests for transfers and reassignments for the school year shall be submitted no later than five (5) working days after the posting of the vacancy. During the summer recess, vacancy postings shall be delivered to the Association President.
In the determination of requests for voluntary reassignments and/or transfer, the wishes of the individual employee shall be honored to the extent that the transfer does not conflict with the best interests of the school system. The determination by the Superintendent is not subject to the grievance procedure.
B. General Criteria
All employees shall be evaluated by an administrator at least once each school year, to be followed in each instance by a written evaluation report and by a conference between the employee and his immediate supervisor for the purpose of identifying any deficiencies and extending assistance for their correction. Evaluations shall be completed by March 1 of each year. An employee may request a second evaluation in cases where the employee wants to demonstrate growth.
1. Copies of Evaluation
An employee shall be given a duplicate copy of an evaluation report at least one (1) work day prior to the evaluation conference. Such report shall not be submitted to the central office or placed in the employee's file without a prior conference. Such a conference shall occur during regular work hours as scheduled by the evaluator. At the conclusion of the conference the employee shall confirm that he/she participated in the evaluation by signing the evaluation report. Such signature does not affirm that all parts of the report are agreeable to the employee. Should an employee refuse to sign such report, the report shall be filed and the refusal shall be noted on the report. An employee shall not be required to sign a blank or incomplete evaluation report.
Evaluation reports shall be presented to each employee by his immediate supervisor in accordance with the following procedures:
a. Such reports shall be issued in the name of the immediate supervisor based on a compilation of reports and observations by any or all supervisory personnel who come into contact with the employee in a supervisory capacity.
b. Such reports shall be addressed to the employee.
c. Such reports shall be written in narrative form and shall include, when pertinent:
(1) Strengths of the employee as evidenced during the period since the previous report.
(2) Weaknesses of the employee as evidenced during the period since the previous report.
(3) Specific suggestions as to measures which the employee might take to improve his performance in each of the areas wherein weaknesses have been indicated.
At the request of either party the Association's representatives shall meet with the School Business Administrator/Board Secretary to review and discuss current problems and practices of mutual interest and the administration of this Agreement.
AGENCY SHOP/REPRESENTATIVE FEE
If an employee does not become a member of the Association during any membership year commencing with the first day of September of any calendar year which is covered in whole or in part by this Agreement, said employee will be required to pay a representation fee to the Association for the membership year. The purpose of this fee will be to offset the employee's per capita cost of services rendered by the Association as a majority representative. Monies received from this fee can only be utilized to offset these services and for no other purpose. The Association will notify the Board of Education, in writing, of the amount of the regular membership dues, initiation fees, and assessment charges by the Association to its own members for the membership year. The representation fee to be paid by nonmembers will be equal to 85% of that amount. Upon receipt of the list of nonmembers from the Association, the Board will commence deduction from the salaries of such employees in accordance with the agreed 85% fee as noted above. The Board will deduct the representation fee in equal installments, as nearly as possible, as determined by the School Business Administrator/Board Secretary from the paychecks paid to each employee on the aforesaid list during the remainder of the membership in question. The deductions will begin with the first paycheck received within a thirty (30) calendar day period after receipt of this list from the Association. On the day an employee terminates his/her employment the employee's responsibility to pay a representation fee/agency shop fee shall terminate. The association agrees to indemnify, and save and hold harmless the Board of Education against any and all liabilities or actions which may arise by reason of any action taken by the Board in compliance with the provisions of this article by the Board of Education. The Board of Education agrees to give the Association notice in writing of any claim demand, suit, or other form of action or liability that may arise and said notice shall be sent to the Association President by registered mail, return receipt requested. If the Association fails to hold the Board harmless save the Board and indemnify the Board from any such actions, the Association shall automatically forfeit its agency shop dues deduction privilege.
DEDUCTION FROM SALARY
A. Association Payroll Dues Deduction
B. Local, State and National Association Membership
1. The Board agrees to deduct from the salaries of its employees’ dues for the Township Of Franklin Supportive Staff Association, the New Jersey Education Association or the National Education Association, or any one of any combination of such Associations as said employees individually and voluntarily authorize the Board to deduct. Such deductions shall be made in compliance with Chapter 233 New Jersey Public Laws of 1969 (N.J.S.A. 52:14-15.9e) and under rules established by the State Department of Education. Said monies together with current records of any corrections shall be transmitted to such person as may from time to time be designated by the Township of Franklin Supportive Staff Association by the 15th of each month following the monthly pay period in which deductions were made. The person designated shall disburse such monies to the
appropriate association or associations.
2. Each of the associations named above shall certify to the Board, in writing, the current rate of its membership dues. Any Association which shall change the rate of its membership dues shall give the Board written notice prior to the effective date of such change.
The Board agrees to deduct money from an employee's salary for local, state and national association membership(s) as said employee authorizes and to transmit such money promptly to the respective association(s). An employee may have such deductions discontinued upon completion of proper forms and notice to the Board and the appropriate association during the months of January and July.
EXTENDED LEAVE OF ABSENCE
A. Military Leave
Military leave without pay shall be granted to any employee who is inducted into any branch of the armed forces of the United States for the period of said induction. Military leave shall be granted in accordance with the law.
B. Disability Leaves
The Board shall grant a disability leave without pay to any employee upon written request subject to the following:
1. An employee who anticipates a disability shall notify the SBA/BS in writing of the anticipated commencement of the disability as soon as the employee knows of it or within ninety (90) calendar days of the leave commencement, whichever is less.
2. The Board shall continue the employee's coverage in the district's group health plans during the unpaid leave at the written request and expense of the employee.
C. Child Care Leaves
2. Child care leave shall begin immediately upon either; a) the termination of the disability
1. Child care leave is available to eligible employees either through the Family Leave Act and/or through the provisions of this article.
leave defined above, or b) at a time mutually agreed by the parties.
3. In the case of adoption, child care leave shall be requested in writing as soon as the employee knows of it or as soon as practicable thereafter.
D. Illness in Family
A leave of absence without pay for a maximum of the remainder of a school year ending June 30 shall be granted for the purpose of caring for a spouse, domestic partner, mother, step-mother, mother-in-law, father, step-father, father-in-law, child, step-child, or grandchild. Such leave request must be supported by certification of the patient's physician. The health condition of the family member must render the family member incapable of self-care and involve the ongoing care or supervision of the family member in a medical facility or continuing medical treatment or supervision by a health care provider. Additional leave may be granted at the discretion of the Board.
All benefits to which an employee was entitled at the time his approved leave commenced shall be restored to him upon his return to employment and he shall be assigned to the same job title or substantially equivalent position in which he was employed at the time the leave commenced.
F Other Unpaid Leaves
An employee may request an unpaid leave of absence for a maximum of one (1) school year. The reason for the requested leave shall be at the discretion of the employee. Such request for an unpaid leave of absence shall be submitted in writing to the Superintendent at least (60) calendar days prior to the requested effective date of the leave except in an emergency as approved by the Board based upon the recommendation of the Superintendent.
It is agreed that any person when first entering the employ of the Board as a regularly assigned employee, shall be considered as a probationary employee for ninety (90) calendar days or sixty (60) work days, whichever is greater, in order that his worth, capability and attitude toward safety regulations may be determined. The Board will be the judge as to the continuance of employment. The employee's salary during the probationary period shall not be less than the least amount provided for in the Salary Schedule for the respective position. Probationary and regular employees are equally entitled to the grievance, arbitration and contract provisions as provided by this Agreement.
Sick leave is defined as absence from post of duty because of personal disability due to illness or injury, or exclusion due to contagious disease or quarantine.
1. All ten (10) month employees shall be entitled to ten (10) days sick leave each school year as of the first official work day of said school year. Ten (10) month employees who are hired for less than a full school year shall be entitled to sick days on a prorated basis. Unused sick leave days shall be accumulated from year to year with no maximum limit.
2. All twelve month employees shall be entitled to twelve (12) days sick leave as above.
3. Employees with twenty (20) continuous years of employment, excluding board approved leaves in the district, and who retire according to the regulations of P.E.R.S. will be paid the following at retirement:
|Less than 30 hours per week||30 or more hours per week|
|120 - 150||$12.00/day||$20.00/day|
|151 - 180||$15.00/day||$25.00/day|
|181 and above||$20.00/day||$30.00/day |
4. The employee, in order to be eligible for this benefit, must notify the Board and must submit a letter of resignation or make a retirement application with the State of New Jersey, Department of Treasury, Division of Pension and Benefits, Public Employees Retirement System. An individual shall collect this benefit only once. Payment of the benefit will be made to eligible employees on July 15th if the employee makes an application for retirement or submits a letter of resignation six (6) months prior to January 1st or January 15th of the following school year. Employees who make their retirement application after January 1st will receive their payment on January 15th of the following year.
5. The maximum amount of payment by the Board to a retired employee shall be $4,800.
6. In the event of the employee’s death prior to retirement, payment will be made to the employee’s estate under the guidelines set forth in Article 20, A..3 through 5.
B. Notification of Accumulation
Employees shall be given a written accounting of accumulated sick leave days not later than September 30 of each year.
Sick leave does not pertain to the Attendance Officer.
TEMPORARY LEAVES OF ABSENCE
The Board of Education shall grant a temporary leave of absence to any full time employee as indicated below. Employees who are hired for less than a full school year shall be granted days on a prorated basis as determined by the Superintendent.
A. Personal Leave - Three (3) days maximum for religious, legal, household, family illness (mother, father, spouse, child), or family matters which cannot be conducted outside the normal work day. Application to the immediate supervisor shall be made at least three (3) school days before the commencement of the requested leave except for family illness or an emergency approved by the Superintendent. Personal days will not be granted on the first ten (10) or last ten (10) days of school, or on days immediately preceding or following a holiday or scheduled school recess except as approved by the Superintendent prior to the use of the personal day. A maximum of two (2) personal leave days may be taken on consecutive workdays. Unused personal leave days shall be converted to sick days and be added to the employees accumulated sick leave total.
B. Bereavement - Immediate Family – Five (5) days maximum per occurrence may be used for death of a member of the employee’s immediate family to include mother, father, spouse, domestic partner, stepmother or stepfather, child, and step child. For each occurrence, these days shall be used within ten (10) calendar days following the first bereavement day unless approved by the Superintendent or designee due to extenuating circumstances. Unused bereavement days shall not accumulate.
C. Bereavement - Family
Three (3) days maximum per occurrence may be used for death of a member of the employee’s family including: mother-in-law, father-in-law, brother, sister, step-brother or step-sister, grandparent, grandchild, or any relative of the employee who has lived within the same household as the employee during the last two years or more.
One (1) day maximum per occurrence may be used for death of a member’s brother-in-law, sister-in-law, aunt, uncle, niece, or nephew.
For each occurrence, these days shall be used within ten (10) calendar days, following the first bereavement day. Unused bereavement days shall not accumulate.
D. Time necessary for appearances in any legal proceeding connected with the employee's employment or with the school system if the employee is required by law to attend, (provided the employee is not suing the school district) shall not be charged as Personal Leave.
E. A through D does not pertain to the Attendance Officer position provided that there is no change in the hours worked in the job description.
F. Jury duty shall be with pay and shall not be used as personal days, sick days or vacation days. Second shift employees will be subject to the same provisions of regular day shift workers and shall not be required to report to work on the same day they have jury duty.
VACATION AND HOLIDAYS – TWELEVE MONTH EMPLOYEES
A. Vacation entitlement shall be for twelve (12) month employees as follows:
1. After one (1) complete year of employment - 10 days
2. After seven (7) complete years of employment - 15 days
3. After twelve (12) complete years of employment - 20 days
4. After twenty (20) complete years of employment - 23 days
5. After twenty-five (25) complete years of employment - 25 days
6. On July 1 following the employee's initial employment date and upon successful completion of the probationary period, vacation days earned will be prorated to reflect July 1 as the anniversary date for vacation leave accrual. All subsequent vacation leave accruals shall become available on the respective July 1.
B. Employees shall be entitled to the following holidays with pay:
C. Requests for vacation days shall be submitted to the Superintendent for approval. Such requests shall first be submitted to the immediate supervisor for his recommendation at least two days prior to the requested date. Should extenuating circumstances prevent the employee from complying with the two-day notification period, he may request a waiver of this requirement through his immediate supervisor who, upon their recommendation, will seek verbal approval from the Superintendent or, in his absence, his designee. Failure to receive approval for the use of a vacation day prior to its actual use shall result in the denial of the request and the day taken shall be charged as an unexcused absence without pay.
If any of these holidays fall on a weekend, the employee shall have off the previous Friday or following Monday in conjunction with the school calendar for that holiday. Should schools be open on any of the above holidays, that holiday shall become a workday and the twelve month employees will be credited with an additional vacation day as compensation.
Fourth of July
Friday after Thanksgiving
New Year's Day
Martin Luther King, Jr. Day
Friday prior to George Washington's Birthday Observance
George Washington's Birthday Observance
If dictated by the teaching staff/student calendar, the school secretaries shall work a one session day on the days immediately preceding Thanksgiving, Christmas Eve, and Good Friday.
TERMS OF EMPLOYMENT
A. Work Day, Work Week, Work Year
Full-time twelve(12) month employees' work days shall be eight (8) hours, which includes a half hour duty free lunch and two (2) fifteen minute breaks. The specific work hours shall be determined by the Superintendent or designee. However, regular work hours shall not be scheduled between 12:00 a.m. and 6:00 a.m. The work week shall be five days Monday through Friday. Work on Saturdays will be paid at a rate of time and one half of actual hours worked over forty (40) hours per week.
2. During the summer recess all twelve (12) month employees shall be subject to temporary reassignment within their job classification.
3. Ten (10) month employees' work day shall be as defined below. The specific work hours shall be determined by the Board. The work week shall be Monday through Friday.
a. Attendance Officer - as per job description.
b. Bus Aide, Bus Driver - as per actual verified time.
c. Classroom Teacher Aide, Library Media Aide – seven (7) hours which includes a half hour duty free lunch. The work year shall include each day on which students are present for school. On one session days Aides work day will end fifteen (15) minutes after students are dismissed.
If a classroom teacher’s aide or library media aide works beyond seven (7 )hours in a day, she/he shall be paid for such extra time at their regular rate compensation.
d. Clerical Aide – eight (8) hours which includes a half hour duty free lunch and two (2) fifteen minute breaks. The work year shall include each day on which students are present for school.
Overtime shall be defined as all time worked in excess of forty (40) hours per week or eight (8) hours per day by an employee.
1. When overtime is necessary, the Board will first attempt to have such work performed by volunteers. If no employee volunteers, the Board shall have the right to require an employee to work overtime by taking said employee's name from a rotating list based on seniority.
2. All overtime shall be compensated based upon the actual time worked. The compensation for overtime shall be at the rate of one and one-half (1 1/2) times the employee's regular salary, with the exception of Sundays and holidays being paid at the rate of two (2) times the employee’s regular salary.
3. The Facilities Maintenance Mechanic shall be on call twenty-four (24) hours per day and seven (7) days each week to respond to alarm activations. All responses to alarm activations outside the regular work day shall be compensated at the rate of one and one-half (1 1/2) times the employee's regular hourly salary with a minimum compensation of one (1) hour. Responses to alarm activations on Saturday, Sunday, and holidays designated in Article 22, B. shall be compensated a minimum of two (2) hours at the rate of one and one-half (1 1/2) times the employee's regular hourly salary. The duration of each response shall be determined from the time of alarm deactivation until alarm is activated.
4. The Facilities Maintenance Mechanic shall conduct a weekend and holiday buildings check as assigned. The time spent checking buildings shall be compensated at the rate of one and one-half (1 1/2) times the employee’s regular hourly salary, with a minimum of two (2) hours.
C. Inservice Programs
D. Field Trips
E. Other Provisions
The transportation supervisor shall distribute a field trip survey form to each bus driver at their initial meeting of each school year. The survey shall be returned no later than September 15 to the transportation supervisor. All interested drivers' names shall be placed on a building eligibility list by district seniority.
1. Bus Driver/Bus Aide (September 1 - June 30)
a. Bus drivers shall be paid from point of origin back to point of origin. The point of origin shall be determined at the sole discretion of the Board. Point of origin is defined as the location at which the respective assigned bus is housed overnight.
b. Each driver shall perform duties and a pre-trip inspection every morning prior to beginning their route.
c. If a driver wishes to have their regular run certified for additional verified time, they shall no later than September 30 of each year, present to the transportation supervisor in writing a request for certification. The transportation supervisor shall deliver the decision of certification for additional verified time in writing to the driver no later than November 30. All additional verified time shall be retroactive to the first day of work for the year certified. A disagreement regarding the decision of the transportation supervisor may be processed through the grievance procedure.
d. Should a mid-day school run be eliminated during the school year, the least senior bus driver shall lose their mid-day school run assignment.
e. An extra twenty (20) minutes per day will be added to the bus drivers’ verified time to perform the necessary duties set forth in their job description.
f. Upon the acceptance by the Board of a bus driver's or bus aide's retirement resignation, the current school year verified hours of the respective employee will not be decreased from the date of the retirement resignation acceptance through the retirement resignation effective date provided that the Board acceptance and the retirement resignation effective date are in the same school year.
MEDICAL BENEFITS AND INSURANCE PROTECTION
The Board shall provide employees and their eligible dependents who meet the hours eligibility definition under E. below, with the following health benefits. Employees will contribute towards their hospital and medical plan, prescription plan, and dental plan premiums consistent with the current Chapter 78, Tier 4 contribution rates structure:
A. Hospital and Medical Plan
The Board will pay its share of the premium consistent with the current Chapter 78, Tier 4 contribution rates structure as follows:
B. Prescription Plan
All employees shall be enrolled in the AmeriHealth PC-20 plan, or equivalent, at Board expense. Should an employee wish to enroll in or change to the CMM plan, they will be responsible for the difference in premium of the CMM plan and the AmeriHealth PC-20 plan, or equivalent, through payroll deduction each pay period. The Board shall select the carrier.
C. Dental Plan
The Board will pay its share of the premium, consistent with the current Chapter 78, Tier 4 contribution rates structure, as follows:
1. The program shall provide for a twenty dollar ($20) co-pay for brand drugs and a ten dollar ($10) co-pay for generic drugs. The mail order co-pay shall also be twenty dollars ($20) for brand drugs and ten dollars ($10) for generic drugs.
2. The Board shall select the carrier.
D. The medical benefits and insurance protection afforded under this article are limited to one (1) coverage per family. In instances where an employee and spouse are both employed by the Board only one person will be enrolled in each respective plan at Board expense.
The Board will pay its share of the premium consistent with the current Chapter 78, Tier 4 contribution rates structure, as follows:
1. The group premium shall not exceed thirty-three thousand dollars ($33,000) each year of this agreement.
2. If the dental cap is exceeded the employees participating in the plan shall share the excess cost amount on a percentage basis of the premium over the cap and reimburse the Board through payroll deductions.
3. The Board shall select the carrier.
E. Eligibility for Insurance
1. An employee hired before July 1, 2011, shall be eligible for employee only insurance coverage under A., B. and C. above, if they work 20 or more hours per week. An employee may enroll his/her eligible dependents in any of the plans at his/her own expense provided that the Board is reimbursed through payroll deduction. After working three (3) continuous years in his/her position, the employee and his/her dependents will be provided with insurance coverage under A., B., and C. above. Effective July 1, 2017, employees hired with three (3) years of relevant experience as determined by the Superintendent will be eligible for health benefits in this section provided they are otherwise eligible. It is further understood and agreed that employees hired with less than three (3) years of relevant experience must be employed by the Board for three (3) full years before they are eligible for the health benefits in this section.
F. Physical Examination
2. An employee hired on or after July 1, 2011, shall be eligible for employee insurance coverage under A., B. and C. above, if he/she works twenty-five (25) or more hours per week. An employee may enroll his/her eligible dependents in any of the plans at his/her own expense provided that the Board is reimbursed through payroll deduction. After working three (3) continuous years in their position, the employee and his/her dependents will be provided with insurance coverage under A., B., and C. above, provided that the Board is reimbursed through payroll deduction.
Every two (2) years, the Board of Education shall provide bus drivers reimbursement for the cost of the physical examination necessary to maintain a Commercial Driver’s license (CDL) as required by law. The reimbursement shall be equal to the lowest regional provider as identified by the district.
G. Hospital and Medical Benefit Buy Back
1. An employee may elect to waive the Hospital and Medical Plan benefit coverage and in return, shall receive extra compensation according to the following schedule:
a. This provision does not apply to dental insurance coverage.
b. The cash payment is treated as taxable income. Prorated amounts will be distributed in the employee's June 30 paycheck.
c. The waiver of medical benefits must be for a year (July 1 through June 30) unless benefits available from other sources are discontinued for some reason (loss of job, loss of benefits, divorce, etc.). Employees who lose benefits would be reenrolled in the district's plan. Enrollment can only become effective as of the first day of a month. It is the employee's responsibility to notify the School Business Administrator/Board Secretary in writing of any benefits discontinuation.
d. Employees choosing the waiver program must sign a release indicating that they and their dependents are covered under another health benefit program. If applicable, employees must provide proof of qualification status.
e. Employees who are not employed for the full year (July 1 – June 30) and choose the waiver shall have their payments prorated accordingly. This applies to new hires after July 1 and any employment termination that is effective prior to June 30. Employees who choose the waiver and are on unpaid leave of absence without medical benefits shall have their payments prorated as well.
f. If an employees' coverage status changes during the waiver period, it is the employee's responsibility to notify the School Business Administrator/Board Secretary in writing. Payments would be adjusted and/or prorated accordingly.
g. Employees who receive health benefits while on an unpaid leave of absence are responsible for reimbursing the district for their share of the health benefit premium.
A. Custodian, Facilities Maintenance Mechanic, Head Custodian
1. Employees hired on or after July 1, 2004 shall hold the necessary boiler license for operation of low pressure water boilers. Each employee shall be reimbursed the renewal fee for their boiler license.
2. Employees shall have the responsibility for minor maintenance and repairs of the buildings as assigned by the designee of the Board of Education.
3. Employees shall utilize themselves in the most efficient manner to keep the assigned buildings in a sanitary condition and plan and coordinate the work so that cleaning and repairs are taken care of promptly and in such a way they do not interfere with education programs.
A. Salary Schedule
The salary of each employee covered by this Agreement is set forth in the attached salary guides. Employees must be contracted to work (excluding unpaid leaves of absence) at least half of the respective 10/12 month work year plus one day in order to be eligible to move to the next step of the salary guide. Employees cannot advance to the “Off-Guide” steps.
B. Method Payment
C. Bus Drivers
Each ten (10) month employee shall be paid in twenty (20) equal semimonthly payments. Each employee employed on a twelve (12) month basis shall be paid twenty-four (24) equal semi-monthly installments.
Salaries shall be paid by direct deposit.
Extra pay for bus drivers will be paid on the 15th of the month for the previous calendar month. Whenever hours in addition to verified hours are worked, the bus drivers shall submit designated form to the Transportation Supervisor. All additional hours must be authorized to be worked by the Superintendent or designee prior to the employee performing the work.
Ten Month Employees
Twelve Month Employees
When a pay day falls on or during a school holiday, school vacation or weekend, employees shall receive their pay checks on the last previous working day.
When a pay day falls on or during a school holiday, (as listed in Article 22, B. 1.) or weekend, employees shall receive their pay checks on the last previous working day. When a pay day falls during a vacation of at least three (3) consecutive working days duration, the employee, upon written request to the School Business Administrator/Board Secretary, shall receive their pay check on the last previous working day provided at least fifteen (15) work days prior notice has been given.
D. Uniforms/Work Shoes
1. Employees, whose job description requires the transportation of students in district vehicles, shall be reimbursed the fingerprinting cost necessary for the renewal of their Commercial Driver's License with Passenger Endorsement B.
2. Effective July 1, 2011, employees whose job description requires the transportation of students in a district vehicle shall be reimbursed the difference in the fee between the regular State driver’s license and a Commercial Driver’s License with a Passenger B, P, S, and Air Brake endorsement. This shall be reimbursed every three (3) years.
3. Bus drivers shall be paid two (2) hours’ pay at their regular hourly rate for the “dry run” and one (1) hour’s pay for their bus notes. Bus notes are to be submitted by September 30.
E. Head Custodians
1. The Board agrees to purchase uniforms and/or reimburse for work shoes for each day custodian, facilities maintenance mechanic, night custodian, bus mechanic, bus mechanic's helper and outside buildings and grounds custodian in an amount not to exceed two hundred dollars ($200) per school year. These employees shall dress in a uniform of color and style determined by the Board during all work hours.
1. A head custodian for each school building housing more than 300 students shall be appointed annually by the Board based upon the recommendation of the Superintendent. Such position(s) shall be posted prior to such appointment. The annual stipend for head custodian shall be $1500.00.
1. Entry level salaries shall be negotiated between the new employee and the Board of Education. Employees shall be placed on a salary level on or below district employees with comparable district experience.
2. The rate of pay for each position shall be in accordance with the respective salary guide.
G. Mileage Reimbursement
H. Mechanics will receive a minimum of one (1) hour’s pay for their work on a break down which occurs outside their regular work hours.
Should an employee be required to use his/her own automobile in the performance of his/her duties, he/she shall be reimbursed for all such travel at the rate (per mile) established and used by the State of New Jersey.
Compliance Between Individual Contract and Master Agreement
Any individual contract between the Board and an individual employee, heretofore or hereafter 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.
C. An up to date copy of Board policy shall be made available to the Association each year.
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 Agreement, either party shall do so by letter at the following addresses:
1. If by the Association, to Board at 3228 Coles Mill Road, Franklinville, New Jersey 08322-3029.
2. If by the Board, to Association at home address of President
DURATION OF AGREEMENT
A. Duration Period
This Agreement shall be effective for the period July 1, 2017, through June 30, 2020. The Association's right to negotiate a successor Agreement is recognized under the provisions of Article II. This Agreement shall not be extended orally, and it is expressly understood that it shall expire on June 30, 2020, unless it is extended in writing by both parties.
B. In witness whereof the Association has caused this Agreement to be signed by its President, attended by the Secretary and its corporate seal to be placed here on this _______ day of ________, 2017, and to be in effect on the day and year in Paragraph A above.
TOWNSHIP OF FRANKLIN SUPPORTIVE STAFF ASSOCIATION
|Roberta Rissling, President||Date|
|Township of Franklin Support Staff Association |
|William Morris, Vice President||Date|
|Township of Franklin Support Staff Association |
TOWNSHIP OF FRANKLIN BOARD OF EDUCATION
|Stephanie Starr, President||Date|
|Township of Franklin Board of Education|
|School Business Administrator/Board Secretary||Date|
|Township of Franklin Board of Education|
Franklin Twp.-Salary Schedule
Franklin Twp.-Salary Schedule
CUSTODIANS WITH BOILER LICENSE
Franklin Twp. -Salary Schedule
CUSTODIANS WITHOUT BOILER LICENSE
BUILDINGS AND GROUNDS CUSTODIANS
BUS MECHANIC HELPERS
Franklin Twp.-Salary Schedule
FACILITIES MAINTENANCE MECHANICS
Franklin Twp.-Salary Schedule
Franklin Twp.-Salary Schedule
Franklin Twp.-Salary Schedule
Franklin Twp.-Salary Schedule
TEACHER AIDES/1-1 ASSISTANTS
LIBRARY MEDIA AIDES
Franklin Twp.-Salary Schedule
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