Contracts

	Contract Between

	Freehold Reg HS B/E-Monmouth

	- and -

	Freehold Reg Cust/Maint Assn

			* * *
	07/01/2009 thru 06/30/2012


	Category	School District
	Unit	Custodians, Other


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A G R E E M E N T

Between

BOARD OF EDUCATION OF THE
FREEHOLD REGIONAL HIGH SCHOOL DISTRICT

and

FREEHOLD REGIONAL HIGH SCHOOL CUSTODIAL AND MAINTENANCE
ASSOCIATION

July 1, 2009 – June 30, 2012

TABLE OF CONTENTS

ARTICLE PAGE

I RECOGNITION . . . . . . . . . . . . 1

II NEGOTIATIONS PROCUDURES . . . . . . 2

III GRIEVANCE PROCEDURE . . . . . . . . 3-7

IV EMPLOYEE RIGHTS . . . . . . . . . . 7-9

V MANAGEMENT RIGHTS . . . . . . . . . 10

VI SALARIES . . . . . . . . . . . . . 11-12

VII HOLIDAYS . . . . . . . . . . . . . 12

VIII VACATIONS . . . . . . . . . . . . . 12-13

IX LEAVE . . . . . . . . . . . . . . . 13-15

X INSURANCE PROTECTION . . . . . . . . 16-18

XI EMPLOYMENT AND REASSIGNMENT . . . . 18-20

XII REDUCTION IN FORCE . . . . . . . . . 21

XIII REPRESENTATION FEE . . . . . . . . . 21-22

XIV DURATION . . . . . . . . . . . . . . 23

Appendix A SALARY GUIDES

I. RECOGNITION

The Freehold Regional High School District Board of Education recognizes the New Jersey Education Association as the exclusive employee representative organization for a bargaining unit consisting of all non-supervisory custodial, grounds and building maintenance personnel employed by the Board in accordance with the New Jersey Employer-Employee Relations Act, N.J.S.A. 34:13A-5.3, et seq., and pursuant to the certification of recognition issued by the Public Employment Relations Commission.
Unless otherwise specified, the term “employees” as used in this Agreement shall refer to all employees of the bargaining unit.

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I. NEGOTIATIONS PROCEDURE

The parties agree to enter into collective negotiations over successor Agreement in accordance with the provisions of the New Jersey Employer-Employee Relations Act, as amended; and negotiations shall begin upon request by the Association within the calendar year in which this Agreement expires.
Neither party in any negotiations shall have any control over the selection of the negotiations representatives of the other party.
This Agreement incorporates the entire understanding of the parties on all matters which were or could have been the subject of negotiations. During the term of this Agreement 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 the parties at the time they negotiated or executed 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.

I. GRIEVANCE PROCEDURE

B. For purposes of this agreement a “grievance” is defined as a claim by a member of the bargaining unit, or the Association, based upon the interpretation, application or violation of policies, agreement or administrative decisions affecting a member or members of the bargaining unit. The final step of the grievance procedures for grievances so defined shall be the Board level. A grievance which may be submitted to the final level of the grievance procedure, binding arbitration, shall be defined as a claim by a member of the bargaining unit or the Association confirmed to and based upon an alleged violation, misinterpretation or misapplication of the express terms of this Agreement.
C. A grievance to be considered under this procedure must be initiated by the employee or the Association within thirty (30) working days from the time employee knew or should have known of its occurrence.
D. Failure at any step of this procedure to communicate the decision on a grievance within the specified time limits shall permit the aggrieved employee or the Association to proceed to the next step. Failure at any step of this procedure to appeal the grievance to the next step within the specified time limits shall be deemed to be an acceptance of the decision rendered at that step.
E. It is understood that employees shall, during and notwithstanding the pendency of any grievance, continue to observe applicable rules and regulations of the Board until such grievance has been fully determined.

Procedure

F. Costs

Each party shall bear the total costs incurred by themselves in the arbitration process. The fee and expenses of the arbitrator are the only costs which shall be shared by the two parties and such costs shall be shared equally.

G. 1. Right of the Employee to Representation

Any aggrieved person may be represented at any or all stages of the grievance procedure by themselves, at his/her option, by a representative selected by him/her or by a representative designated by the Association. When an employee is not represented by the Association in the processing of a grievance, the Association shall, at the time of the submission of the grievance at the Department Supervisor level, be notified that the grievance is in the process, have the right to be present and participate in the proceeding, and to receive copies of all decisions rendered.

2. An Association officer may leave his/her work area to conduct Association business but shall not be able to do so without first obtaining permission from a District Supervisor. The parties understand that due to the different shifts to which unit members are assigned, there must be some flexibility as to when such meetings are held and that except in emergencies, it is unlikely that two employees will have to be granted release time to discuss Association related matters. The names of the Association officers must be provided to the Director of Buildings and Grounds and Assistant Superintendent for Human Resources immediately following the Association’s biennial election.
If, in the judgment of the Association, a grievance affects a group or class of employees, the Association may submit such grievance in writing to the Superintendent of Schools or designee and the processing of the grievance shall be commenced at Step 3. The Association may process such a grievance through all levels of the grievance procedure even though no individual aggrieved person wishes to do so.
EMPLOYEE RIGHTS
Whenever an employee is required to appear before the Board or any committee or any member thereof concerning any charge or inquiry into a matter which could adversely affect the continuation of that employee in his/her office, position of employment, then he/she shall be given prior written notice of the reasons for such meeting or interview and shall be entitled to have representation of his/her choice during such meeting or interview.

Whenever an employee is required to attend a meeting before supervisor or administrative staff, which meeting may result in disciplinary action against the employee, that employee shall be given advance notice of the meeting and of its disciplinary nature, and advised of his/her right to be represented by the Association at the meeting.
Any employees subjected to written evaluation shall be entitled to receive a copy of that evaluation and shall be required to sign the evaluation. An employee’s signature on an evaluation shall not be
The Board shall not discharge, suspend, or discipline a permanent employee without just cause. Grievances brought pursuant to this provision shall be initiated at Step 3, before the Superintendent of Schools or designee.
Any individual contract between the Board and an individual employee, heretofore or hereinafter executed, shall be subject to and consistent with the terms and conditions of this Agreement. If an individual contract contains any language inconsistent with this Agreement, this Agreement, during its duration, shall be controlling.
The Board and the Association agree that there shall be no discrimination in the hiring, training, assignment, promotion, transfer or discipline of employees or in the administration of this Agreement on the basis of race, creed, color, religion, national origin, sex, domicile, or marital status.

Any employee who is subpoenaed pursuant to his or her bona fide duties as an employee of the District shall suffer no loss in regular pay for court or administrative appearances pursuant to such subpoenas, provided that such an employee does not volunteer to be subpoenaed and the lawsuit does not involve the Association or the employee in a suit against the Board or the Board against the Association or the employee.
(1.) An employee may make an appointment before or after work hours to inspect material in his/her file, except that all pre-employment material shall be treated as confidential and shall not be made available to the employee.
MANAGEMENT RIGHTS
The Association recognizes that the Board may not, by agreement, delegate authority and responsibility which, by law, are imposed upon and lodged with the Board.
The Board reserves to itself, except as limited by the express terms of this Agreement, sole jurisdiction and authority over matters of policy and retains the right, in accordance with the laws of the State of New Jersey and the rulings of the Commissioner of Education to do the following, except as limited by the express terms of this agreement:
A drug testing policy shall be implemented by the Board. Procedures for the testing shall be set forth in Board policy.

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I. SALARIES

Employees shall be compensated in accordance with the salary guides attached hereto as Appendix A.
District experience awards shall be made as follows:

$500.00 from 11 through 15 years of District service.
$1,000.00 from 15 years through 20 years of District service.
$1,500.00 after the completion of 20 years of District service.

Employees holding boiler licenses shall be paid an annual sum of seven hundred dollars (700.00), which shall be separate from their base contractual salary as established pursuant to paragraph A above. Boiler licenses and license renewal fees for all licensed employees will be paid for by the Board of Education, upon presentation of properly executed vouchers. The Board of Education reserves the right to determine the number of active boiler licenses it will require in each building, i.e., a minimum of four (4) per building.
Employees required to use their personal automobiles in the performance of their duties shall be reimbursed for such travel at the rate of $.24 per mile.
Overtime work shall be authorized by supervisory and administrative staff. Overtime lists for the custodial staff shall be maintained by the Association in a manner agreeable with management. Management reserves the right to assign staff in an emergency situation. Overtime work shall be compensated at the rate of time and one-half for all hours worked in excess of forty (40) in a work week. Overtime work assigned on Sunday shall be compensated at double time.

Call outs after shift hours (from home) will be increased to three (3) hours. If call is not responded to, or work refused, the employee will be removed from the call out rotation. Retroactive payments will be made for call outs after 9/1/2009 from calls noted on the “pink sheets” as alarm calls.
Work assigned on paid holidays shall be compensated at the rate of time and one-half if the employee so assigned works a total work week of more than forty (40) hours in the week in which the paid holiday occurs.

I. HOLIDAYS

B. Employees shall be granted 11 designated holidays each school year.
C. Two (2) additional floating holidays can be taken at any time during the school year. The scheduling of the floating holidays shall be subject to management approval.

I. VACATIONS

Paid vacations shall be earned by employees in accordance with the following schedule:

Ten (10) working days for all employees who have completed from one (1) through seven (7) years of service in the District.
Fifteen (15) working days for all employees who have completed from seven (7) through fourteen (14) years of service in the District.
Twenty (20) working days for all employees who have completed more than fourteen (14) years of service in the District.

Vacation time shall be used effective July 1 of the school year immediately following the school year in which the vacation time was earned. In the event an employee is hired after July 1, he/she shall be eligible to earn pro-rated vacation days, based upon their date of

hire, for the first year of each effected level of vacation time pursuant to the schedule above. Vacation time may not be accumulated beyond the school year in which it is earned. Vacation time shall not be earned when an employee is on worker’s compensation.

All employees with fifteen (15) or more vacation days are required to take one (1) week of vacation during the period of July and August. All other employees, and all vacation time in excess of those five (5) days, may be taken at any time. Earned vacation time may be taken in single or multiple days. Vacation time will not be approved if the request is submitted to the Buildings and Grounds Department less than three (3) working days prior to the requested date. The number of personnel allowed off during a period of time will be established by management and made available for the initial vacation request.

IX. LEAVE

Sick Leave
Up to three (3) days for personal leave of absence shall be granted for any reason. Unused personal business days shall accumulate to sick leave the following year. Personal business days, before and after vacation periods and holidays only, shall be applied for in advance and shall be granted at the discretion of the Director of Buildings and Grounds or designee. For all other personal business leave days, application in advance is not required. The employee may give advance notice to the Buildings & Grounds Department as a courtesy to assist with the smooth operation of the building. It is understood and agreed that Unit Members may take the above personal days in emergency situations without providing any prior notice except for a phone call notifying the Buildings & Grounds Department that an emergency personal day is being used on that day. It is further understood and agreed that emergency personal days cannot be used for inclement weather conditions.
Bereavement Leave

Medical Examinations

As a result of any job-related disability which would otherwise require utilization of an employee’s sick leave, a workers’ compensation claim shall be filed by the employee. In the event a dispute arises between the employee’s physician and the workers’ compensation physician, as to the employee’s physical condition, the Board of Education shall maintain the right to require the employee to submit to an additional physical examination by a physician designated by the Board. The Board’s designated physician shall conduct an examination within a reasonable time and location.

In the event a question arises as to the employee’s medical condition, in a matter unrelated to a filed worker’s compensation claim, the Board may, pursuant to

N.J.S.A.

18A:16-2, require the employee to submit to medical examinations by a physician chosen and paid for by the Board. In the event that the physician is chosen by the employee, all costs incurred from such medical examination shall be paid for by the employee.

Employees retiring from the school district after a minimum of 15 years of service in the District and who have accumulated at least 75 days of sick leave, shall be paid for their unused accumulated sick leave at the rate $40.00 to a maximum cost of $4,000.

I. INSURANCE PROTECTION

A. All employees whose employment started on or after July 1, 2009, shall only be eligible to receive the Direct Access health coverage plan for the first three calendar years of employment, at no premium cost to the employee. Upon the fourth year, the employee shall have the option, at that time only, to choose the Traditional Plan, or, to continue in the Direct Access health coverage plan, and in either case, at no cost to the employee. Upon any eligible employee continuing to select the Direct Access health coverage plan, a one-time payment shall be made by the Board of Education to the employee in the amount of $250.00. Further and thereafter, the employee shall not be permitted to re-enter the Traditional Plan.
Upon any eligible employee in the Traditional Plan selecting to change from Traditional Plan to the direct Access health coverage plan, or selecting to continue in the Direct Access health coverage plan, a one time payment shall be made by the Board of Education to the employee in the amount of $250.00 at the option of the employee.
Further and thereafter, the employee shall not be permitted to re-enter the Traditional Plan.
Only those employees employed prior to July 1, 2009 may continue to choose between the Traditional Plan and the Direct Access health coverage plan, and be eligible to elect to switch back and forth during open enrollment periods with no prohibitions, as long as the employee does not elect to accept the one-time payment of $250.00. Upon the acceptance of the $250.00, the employee shall not be permitted to re-enter the Traditional Plan.

B. The Board of Education will pay the full individual or full family

Coverage of BCBS, Major Medical coverage insurance, Comprehensive Rider J365-30, C.O.B. children to 23 in household and prevailing fee. Medical insurance coverage shall also include provision for optional second opinions on elective surgery. The Board of Education shall have the right to change insurance carriers provided the benefits provided will not be diminished by such a change. Before the Board of Education can exercise this right, the proposed new insurance program shall be submitted to the Association. If the Association rejects the proposed change on the grounds that the new insurance program results in diminished benefits, then the matter shall be submitted directly to binding arbitration in accordance with the grievance procedure of this contract.

C. Commencing May 22, 2010 all employees who receive health insurance coverage from the Board will contribute 1.5% of their pensionable salary toward the cost of such coverage, in accordance with law.
D. Commencing on July 1, 2009 and continuing to June 30, 2012, the Board of Education during the terms of this contract shall continue to furnish a New Jersey Dental Insurance coverage; usual and customary dental plan containing the same benefits as previously provided without any cost consideration by the employee. These rates shall be

fixed for the life of the Agreement pursuant to the rate guarantee provided by the carrier; therefore, no cost shall be incurred by the employees. Any change of carrier shall result only through the mutual consent of the Board of Education and the Association.

E. Where both wife and husband are employed in the district, duplicate coverage on health and dental insurance shall not be provided; however, the Board of Education shall provide coordination of benefits coverage in those instances.
F. Family coverage will be provided for vision/eye care as part of health care provided by the Board.
G. An employee has the right to waive the insurance protection coverage provisions and appropriate Section 125 Plan which will provide that upon any employee waiving insurance coverage, the premium savings will be split – 75% Board, 25% employee.
H. The employee may choose between the current Traditional Insurance Protection Plan or the Direct Access PPO health coverage option, at no premium cost to the employee. The choice of plan shall be at the sole discretion of the employee.

I. EMPLOYMENT AND REASSIGNMENT

B. Probationary

Employees shall, at the time of their initial hire by the Board of Education, serve a ninety (90) day probationary period, during which time they shall not have access to the contractual grievance procedure and their employment may be terminated by the Board of Education for any reason whatsoever.

C. Transfer Policy

The Board of Education has the right to transfer employees from shift to shift and building to building as the need arises.

In order to be able to take into account employee preferences for assignments, the Board shall, prior to April 30^th of each school year, distribute to all bargaining unit members a form on
The Board of Education shall make building and shift assignment in accordance with employee preference on a seniority basis unless, in the sole judgment of the Board of Education, it is determined that by reasons of licensing requirements, physical ability, or other relevant factors, it is determined that the
Whenever possible, at least two (2) weeks notice of transfer and/or reassignment shall be given to the employee except in cases of emergency.
Employees who were employed in the District prior to October 1, 1998 shall not be involuntarily assigned to the Tuesday through Saturday shift.

D. Overtime

Overtime assignments shall be made on a seniority rotation basis in each building in an effort to equalize the number of overtime assignments among the work force in each building. The Board of

Education or its agents shall have the prerogative of assigning

individuals to specific events if the needs of the building and/or the School District dictate. The Board will make every effort to maintain an active substitute list.

E. Workday/Lunch Period

Employee workday shall consist of an eight (8) hour shift and an additional thirty (30) minute duty free lunch, for which an employee shall not be compensated.

F. Emergency

During an emergency that requires a building evacuation, a custodian/maintenance person shall not be required to assist in the search for bombs or explosive devices, in a vacated building that is being searched by

qualified

personnel. Staff shall continue to assist the building administrator with evacuation procedures, as is currently in effect.

F. (1.) Notices of vacancies and new positions shall be posted in each

school after transfers have been determined. Said notice shall include the title of the position, job description, location and starting date.

(2.) Notices shall be posted for seven (7) days. Any employee who may be interested in the position or positions must make written application to the Superintendent by the close of the ten (10)

day period.

(3.) All applicants will be considered equally.

I. REDUCTION IN FORCE

B. In the event that the Board of Education determines that it is necessary to reduce the size of the custodial, grounds and maintenance staff, layoff shall be in inverse order of seniority within job title. That is, the most recently hired employee in any job title shall be the first to be laid off.

I. REPRESENTATION FEE

B. If any employee after his/her first year of Board employment does not become a member of the Association, said employee will be required to pay a representation fee to the Association. The purpose of this fee will be to offset the employee’s per capita cost of services rendered by the Association as majority representative.
C. Prior to the beginning of each membership year, the amount of said representation fee shall be certified to the Board by the Association, which amount shall not exceed 85% of the regular membership dues, fees and assessments charged by the Association to its own members.
D. Once during each membership year covered in whole or in part by this Agreement, the Association will submit to the Board a list of those employees who have not become members of the Association for the then current membership year. The Board will deduct the representation fee in equal installments, as early as possible, for the paycheck paid to each employee on the aforesaid list during the remainder of the membership year in question.

The employer shall remit the amount deducted to the Association monthly, on or before the 15^th of the month following the month in which such deductions were made.
These deductions shall commence thirty (30) days after the beginning of employment in the unit or ten (10) days after re-entry into employment in the unit.
The Association shall establish and maintain at all times a demand and return system as provided by N.J.S.A. 34:13A-5.5(c) and 5.6, and membership in the Association shall be available to all employees in the unit on an equal basis at all times. In the event the Association fails to maintain such a system or if membership is not so available, the employer shall immediately cease making said deductions.
The Association shall indemnify and hold the Board harmless against any and all claims, demands, suits and other forms of liability that shall arise out of, or by reason of any action taken or not taken by the Board for the purpose of complying with any of the provisions of this Article. The Association shall intervene in, and defend, any administrative or court litigation concerning this provision. In any

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I. DURATION

Term of this Agreement shall be from July 1, 2009 through June 30, 2012.
IN WITNESS WHEROF, the undersigned set their hands and seal on this day of July 1, 2010.

FREEHOLD REGIONAL FREEHOLD REGIONAL
CUSTODIAL AND MAINTENANCE HIGH SCHOOL DISTRICT
ASSOCIATION BOARD OF EDUCATION

______________________________ __________________________

______________________________ ___________________________

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APPENDIX A
SALARY GUIDES
2009 - 2010

STEP CUSTODIANS GROUNDS MAINTENANCE
1-2 32,409 32,509 34,409
3 33,209 33,309 35,209
4 34,009 34,109 36,009
5 34,816 34,916 36,816
6 35,116 35,216 37,116
7 35,416 35,516 37,416
8 35,716 35,816 37,716
9 36,949 37,049 38,949
10 38,432 38,532 40,432
11 40,165 40,265 42,165
12 42,148 42,248 44,148
13 44,381 44,481 46,381

2009/2010 – 3.5% Increase

SALARY GUIDES
2010-2011

STEP CUSTODIANS GROUNDS MAINTENANCE
1 33,695 33,895 35,895
2-3 34,195 34,395 36,395
4 34,695 34,895 36,895
5 35,195 35,395 37,395
6 35,690 35,890 37,890
7 36,190 36,390 38,390
8 36,690 36,890 38,890
9 37,855 38,055 40,055
10 39,300 39,500 41,500
11 40,995 41,195 43,195
12 42,940 43,140 45,140
13 45,135 45,335 47,335

2010/2011 – 3.80% Increase

SALARY GUIDES
2011-2012

STEP CUSTODIANS GROUNDS MAINTENANCE
1 34,445 34,695 36,745
2 34,945 35,195 37,245
3-4 35,445 35,895 37,745
5 35,945 36,195 38,245
6 36,445 36,685 38,745
7 36,950 37,200 39,250
8 37,465 37,715 39,765
9 38,860 39,110 41,160
10 40,405 40,655 42,705
11 42,100 42,350 44,400
12 43,945 44,195 46.245
13 45,940 46,190 48,240

2010/2011 – 3.9% Increase


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