GLOUCESTER COUNTY SPECIAL SERVICES
GLOUCESTER COUNTY SPECIAL SERVICES
BOARD OF EDUCATION
JULY 1, 2002 THROUGH JUNE 30, 2005
March 19, 2003
TABLE OF CONTENTS
1. RECOGNITION 1
2. NEGOTIATION PROCEDURE 2
3. BOARD RIGHTS AND RESPONSIBILITIES 3
4. EMPLOYEE RIGHTS AND PRIVILEGES 5
5. ASSOCIATION RIGHTS AND PRIVILEGES 7
6. MAINTENANCE OF WORK OPERATIONS 9
7. GRIEVANCE PROCEDURE 11
Time Limit 13
Year End Grievances 14
Specified Time Limits 14
Level 1 14
Level 2 16
Level 3 16
Level 4 17
Level 5 18
General Provisions 21
8. EMPLOYEE FACILITIES 22
9. ASSOCIATION/ADMINISTRATION LIAISON 23
10. PROTECTION OF EMPLOYEES, STUDENTS,
AND PROPERTY 23
11. TUITION REIMBURSEMENT 24
12. EMPLOYEE ASSIGNMENT/MILEAGE 26
13. HOURS AND WORKLOAD 28
14. VOLUNTARY AND INVOLUNTARY TRANSFERSAND REASSIGNMENTS 31
15. EVALUATION AND PERSONNEL RECORDS 33
16. TEMPORARY LEAVES OF ABSENCE 35
Bereavement Leave 35
Personal Leave 36
17. EXTENDED LEAVES OF ABSENCE 38
Military Leave 40
Disability Leave (Including Pregnancy
Miscellaneous Leave 43
Leave Under the Family Leave Act 43
Leave for Child Rearing Purposes 45
Leave to Care for Family Member
with Serious Health
Sabbatical Leave 47
18. SICK LEAVE 49
19. WORK YEAR 50
20. EMPLOYMENT 51
21. SALARIES 53
22. PROVISIONS APPLICABLE TO NONTENURED EMPLOYEES 56
23. INSURANCE PROTECTION 56
Medical Insurance 56
Prescription Insurance 57
Dental Insurance 57
Optical Benefit 58
24. BENEFIT ELIGIBILITY 58
25. FULLY BARGAINED AGREEMENT 59
26. SEVERABILITY 59
27. DURATION 60
2002-03 TEACHERS= SALARY GUIDE 61
2003-04 TEACHERS= SALARY GUIDE 62
2004-05 TEACHERS= SALARY GUIDE 63
2002-03, 2003-04, 2004-05 CLASSROOM ASSISTANTS= SALARY GUIDES 64
A. The Board hereby recognizes the Association as the bargaining representative for all regularly employed professional and nonprofessional personnel under 10, 11, or 12 month contract working at least two (2) days per week or on approved leave, including but not limited to teachers, librarians, guidance counselors, nurses, social workers, speech-language specialists, L.D.T.C. specialists, psychologists, and teacher assistants, but excluding tutors, contractors, support staff, administrators, supervisors, managers, confidential employees, consultants, occupational and physical therapists, and part-time employees who are not regularly employed.
B. Unless otherwise indicated, the term Aemployee(s),@ when used herein, shall refer to members of the unit. References to male employees shall include female employees and vice versa.
C. Classroom Assistants
All regularly employed full and part-time classroom assistants including certified occupational therapy assistants, classroom assistants-alternative education, classroom assistants-special education and specialized program assistants, and one-on-one classroom assistants employed by the Gloucester County Special Services School District.
Managerial executives, confidential employees and supervisors within the meaning of the Act; craft employees, professional employees, police employees, casual employees and all other employees of the Gloucester County Special Services School District.
A. The parties agree to enter into collective negotiations over a successor Agreement in accordance with Chapter 123, Public Laws of 1974, in a good faith effort to reach agreement on all matters concerning all bargainable issues. It is agreed that the Association will make reasonable efforts to present its proposals to the Board of Education on or about November 1 of the year immediately preceding the expiration of the current contract. Negotiations may begin at this time. Any agreement negotiated shall be reduced to writing and signed by the Board and the Association.
B. The Board and the Association each agree to pay one-half (1/2) of the cost of the final printing of a mutually agreed number of copies of this Agreement.
C. The Association agrees that it will be responsible for distribution of copies of this Agreement to the unit members.
BOARD RIGHTS AND RESPONSIBILITIES
A. The Board hereby retains and reserves unto itself, without limitation, all powers, rights, authority, duties, and responsibilities conferred upon and vested in it prior to the signing of this Agreement by the laws and Constitutions of the State of New Jersey and of the United States.
B. The exercise of the foregoing powers, rights, authority, duties, and responsibilities of the Board, the adoption of policies, rules, regulations, and practices in furtherance thereof, and the use of judgment and discretion in connection therewith shall be limited only by the specific and express terms of this Agreement.
C. Nothing contained herein shall be construed to deny or restrict the Board of its rights, responsibilities, and the authority under the School Laws of New Jersey, or any other national, state, county, district, or local laws or regulations as they pertain to education.
D. In recognition of the unique and diverse services provided by the Board and its employees, it is understood that, from time to time, the Board may find it necessary to institute special policies and programs to address concerns which are not equally applicable to all unit members.
It is understood that the Board shall retain its ability and discretion to address areas of unique need and concern by instituting special policies and programs. The Board agrees to provide notice to the Association prior to instituting any such special policy or program and to consider the Association=s input with respect to the proposed policy or program. It is understood that this provision shall not be interpreted to reduce any current benefit in effect for all unit members, and that policies and programs will be in agreement with the negotiated contract. Identified special programs or policies may be modified or discontinued at the discretion of the Board.
EMPLOYEE RIGHTS AND PRIVILEGES
A. Pursuant to Chapter 123, Public Laws of 1974, the Board and the Association hereby agree that personnel shall have the right to freely organize and join the Association for the purpose of engaging in collective negotiations and other concerted activities for mutual aid and protection, or to refrain from said activities.
B. The Board and the Association agree that they shall not directly or indirectly discourage, deprive, or coerce any employee in the enjoyment of any rights conferred by N.J.S.A. 34:18A-1, et seq., or by the Constitutions of New Jersey and the United States. The Board and the Association further agree that they shall not discriminate against any employee by reason of his/her membership or nonmembership in the Association and its affiliates, his/her participation or nonparticipation in any activities of the Association and its affiliates, collective negotiations with the Board, or his/her institution of any grievance under this Agreement.
C. Whenever any employee is required to appear before the Board or any committee or member thereof concerning any matter which could adversely affect the continuation of that employee in his/her office, position, or employment, or the salary or any increments pertaining thereto, then he/she shall be given prior written notice of the reasons for such meeting or interview and shall be entitled, upon request, to have a person of his/her choice present to advise and represent him/her during such meeting or interview.
D. Upon request, an employee shall be entitled to have an association representative present at an investigatory interview with an administrator or supervisor which he/she reasonably believes might result in disciplinary action. This right shall not extend to post-observation or evaluation conferences.
E. Nothing contained herein shall be construed to deny or restrict to any employee such rights as he/she may have under New Jersey School Laws or other applicable laws and regulations.
F. No employee shall be disciplined without just cause.
G. Employees, supervisors, administrators, and Board members shall conduct themselves in a professional manner in their dealings with each other and in the performance of their respective duties, responsibilities, and obligations.
ASSOCIATION RIGHTS AND PRIVILEGES
A. Upon advance request, the Association and its representatives will be given permission to use district buildings at reasonable hours for meetings. The Superintendent shall be notified at least two (2) days prior to the meeting, except in cases of emergency, of the time and place of such meetings and his approval shall not be unreasonably withheld.
B. Any additional cost beyond normal operational costs incurred in keeping a facility open or available for Association use shall be borne by the Association.
C. In its discretion, the Board may allow Association use of other facilities and equipment from time to time. It is expressly understood that the Board is under no obligation to do so and that the cost of any supplies shall be borne by the Association.
D. The Association will have the use of a secured file cabinet stored at the GCSSSD administration building in Sewell.
E. The Association shall have the right to use the interschool mail facilities and school mailboxes as it deems necessary for the Association business consistent with U.S. Postal regulations.
F. The Association shall have the right, with administrative approval, to use school facilities and on-site equipment including teaching staff computers, typewriters, calculating machines, and all types of audio-visual equipment at reasonable times when such equipment is not otherwise in use. The Association representative in each building shall secure permission from the administrator in charge if he/she is available in the building or otherwise such administrator shall be advised as soon as reasonably possible.
G. The Board shall permit the Association President to visit (after school hours) the schools, to investigate working conditions, employee complaints or problems, or for any other purpose relating to the terms and conditions of this Agreement. The Association President will notify the building principal prior to any site visit.
MAINTENANCE OF WORK OPERATIONS
A. The Association hereby covenants and agrees that during the term of this Agreement, neither the Association nor any person acting in its behalf will cause, authorize, nor support, nor will it authorize nor condone any unit member taking part in any strike (i.e., the concerted failure to report for duty or willful absence of any unit member from his/her position, or stoppage of work, or absence in whole or in part, from the full, faithful, and proper performance of a unit member=s duties of employment), work stoppage, slowdown, walkout, or other illegal job action against the Board. The Association agrees that such action would constitute a material breach of this Agreement.
B. In the event of a strike, slow-down, walk-out, or job action during the term of this Agreement, it is covenanted and agreed that participation in any such activity by a unit member may be deemed grounds for imposition of appropriate disciplinary action against such unit member.
C. The Association agrees that it will make reasonable efforts to prevent unit members from participating in any strike, work stoppage, slowdown, or other illegal activity aforementioned or supporting any such activity by any other employee or group of employees of the Board during the term of this Agreement.
D. Nothing contained in this Agreement shall be construed to limit or to restrict the Association or the Board in its right to seek and obtain such judicial relief as it may be entitled to have in law or in equity for injunction or damages, or both, in the event of such breach by the Association.
1. A Agrievance@ shall mean a complaint by an employee and/or the Association that there has been to him/her a personal loss, injury, or inconvenience because of a violation, misinterpretation, or inequitable application of an established Board policy governing employees, a provision of this Agreement or an administrative decision affecting the terms and conditions of employment, except that the term Agrievance,@ subject to the provisions of paragraph F-8 below, shall not apply to:
a. any matter for which a method of review is prescribed by law;
b. any rule or regulation of the State Board of Education;
c. any matter which, according to law, is either beyond the scope of Board authority or limited to a unilateral action by the Board alone;
d. a complaint of a nontenured employee which arises by reason of his/her not being reemployed; or
e. a complaint by certificated personnel occasioned by appointment to, or lack of appointment to, retention in or lack of retention in, any position for which tenure is either not possible or not required unless the decision was made for disciplinary reasons.
2. A grievance to be considered under this procedure must be initiated by the employee or the association promptly and expeditiously, within twenty (20) school days of its occurrence.
3. A Agrievant@ is the unit or a unit member who files a grievance.
4. ADay@ means school day, unless otherwise indicated. Saturdays, Sundays, and state mandated legal holidays are excluded as the last day of the time limit.
5. ARepresentative@ is a person or agent designated to represent either party in the grievance procedure.
6. AParty in interest@ is a person, agent, or agency with an interest in the grievance.
1. 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 regarding grievances affecting the terms and conditions of employment, as defined above in paragraph A-1. Both parties agree that these proceedings will be kept as informal and confidential as possible at any level of the procedure.
1. Time Limit - 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 a time that it cannot be processed through all of the steps of this grievance procedure by the end of the school year, the grievance procedure shall be continued to the first day of the following school year. Upon mutual agreement, however, the parties may continue the processing of a grievance beyond the end of the school year under such terms as shall be agreed upon.
3. Specified Time Limits
a. Failure by a grievant to process a grievance within the specified time limits of this procedure shall render the grievance as settled in favor of the Board.
b. The Board shall respond in writing within the specified time limit.
1. Level 1 - Principal or Immediate Supervisor - A grievance to be considered under this procedure must be initiated by the employee within twenty (20) school days of its occurrence. An employee or Association with a grievance shall first submit the grievance in writing to his or her principal or immediate supervisor. The grievant may submit the grievance directly or through the Association=s designated representative. The grievance must be on the proper form and shall include the following information:
a. The nature of the grievance.
b. The specific section of the contract, Board policy, or an administrative decision that has been violated or is in issue.
c. The results of previous discussions, if any were held.
d. If the grievance is processed above Level 1, the grievant should note his or her dissatisfaction with the decision previously rendered.
The principal or supervisor shall communicate his or her decision to the grievant in writing within five (5) school days after receipt of the written grievance.
2. Level 2 - Assistant Superintendent - The grievant may appeal the principal=s or supervisor=s decision to the Assistant Superintendent or Director within five (5) school days of the denial of the grievance. The appeal to the Assistant Superintendent or Director must also be in writing and it must note the matters submitted to the principal or supervisor as specified above and the grievant=s dissatisfaction with the decision previously rendered. The Assistant Superintendent or Director shall attempt to resolve the matter as quickly as possible and, in any case, within five (5) school days after receipt of the appeal. The Assistant Superintendent or Director shall communicate his/her decision in writing to the grievant and the Association.
3. Level 3 - Superintendent - The grievant may appeal the Assistant Superintendent=s decision to the Superintendent within five (5) school days of the denial of the grievance. The appeal to the Superintendent must also be in writing and it must note the matters submitted to the Assistant Superintendent as specified above and the grievant=s dissatisfaction with the decision previously rendered. The Superintendent shall attempt to resolve the matter as quickly as possible and, in any case, within ten (10) school days after receipt of the appeal. The Superintendent shall communicate his/her decision in writing to the grievant and the Association.
4. Level 4 - Board - If the grievance is not resolved to the grievant=s satisfaction at the Superintendent=s level, the Association may request that the grievance be forwarded on appeal to the Board within ten (10) school days of the denial of the grievance. This request shall be submitted in writing to the Superintendent, who shall attach all related papers and forward the request to the Board. The Board, or a committee thereof, shall review the grievance and may, by mutual agreement of both parties, hold a hearing with the grievant. The Board shall render its decision in writing within twenty (20) school days of receipt of the grievance by the Board or of the date of the hearing with the grievant, whichever comes later. The decision of the Board shall be final and binding unless the Association files a request with the Superintendent for advisory arbitration within fifteen (15) school days from the date of the issuance of the Board=s written decision.
5. Level 5 - Advisory Arbitration
a. Only the Association may request the appointment of an advisory arbitrator. The request shall be filed by the Association with the Superintendent and the Public Employment Relations Commission within fifteen (15) school days from the date of the issuance of the Board=s written decision.
b. The advisory arbitrator shall be appointed pursuant to the procedures of the Public Employment Relations Commission.
a. The advisory arbitrator shall limit the hearing to the issue submitted to him or her and shall consider no other material or evidence. He/She shall be limited to hearing and deciding only one grievance and shall neither hear nor decide multiple claims without the expressed written agreement of the parties.
b. Arbitration proceedings shall be conducted at mutually agreed upon times.
c. The advisory arbitrator shall have the authority to issue an advisory award and can add nothing to, nor subtract anything from, the Agreement between the parties.
d. The hearing will entertain evidence, testimony, and arguments only on those matters that are specifically considered grievable under this contract as defined in paragraph A-1 of this Article.
e. The hearing will be conducted in accordance with the rules set forth herein and consistent with due process.
f. The advisory arbitrator shall first rule on the timeliness of the grievance and admissibility of the grievance to the fact finding process, if so requested by either party.
g. The advisory arbitrator shall issue his/her advisory recommendation within twenty (20) days of the close of the hearing. He/She shall have no power to make an advisory award inconsistent with law or the provisions of this Agreement. The Board may either accept or reject the award, in whole or in part.
1. Each party will bear the total cost of case preparation and representation incurred by that party. The fees and expenses of the advisory arbitrator are the only costs which will be shared by the parties and such costs will be shared equally.
F. General Provisions
1. Any aggrieved person may be represented at all stages of the grievance procedure by a representative selected or approved by the Association.
2. No prejudice will attend any party in interest by reason of the utilization or participation in the grievance procedure.
3. The filing or pendency of any grievance shall not impede the normal management and continuing operation of the educational process. Employees shall not refuse to perform any duty or assignment based upon the pendency of any grievance.
4. All records of grievance processing shall be filed separately.
5. Forms for grievance processing shall be mutually agreed upon by the parties to the Agreement. The Association will distribute the forms as they are required.
6. Parties in interest will cooperate in investigating and providing pertinent information concerning a grievance being processed.
7. Meetings and hearings under this procedure shall not be conducted in public and shall include only the parties in interest and their designated or selected representatives, heretofore referred in this procedure.
8. To the extent that any superseding state statute mandates the use of the grievance procedure and binding arbitration in a particular case, then, upon demand with proper notice, such arbitration may be substituted for advisory arbitration at Level 4, subject to all other remaining conditions and limitations set forth herein in this Agreement.
A. The Board will continue in its efforts to keep the school facility properly equipped and maintained to provide for a safe and healthy environment. The Association shall have the opportunity to make recommendations as to the acquisition and maintenance of equipment and facilities through the liaison committee.
A. The Association president and other appropriate Association representatives shall meet with the Superintendent four (4) times per year or more often as mutually agreed.
B. The dates and times for such meetings shall be mutually determined.
PROTECTION OF EMPLOYEES, STUDENTS, AND PROPERTY
A. The Board agrees to abide by all statutes in Title 18A of the New Jersey Statutes Annotated and regulations issued pursuant thereto in the New Jersey Administrative Code.
B. An employee shall immediately report any case of assault or battery upon his/her person arising out of, or in connection with, his/her duties. Such matters shall be immediately reported to the supervisor.
C. The Board shall reimburse an employee for damage or destruction to his/her clothing or personal effects on a person (to a maximum of $250.00) sustained as a result of an unprovoked assault upon the employee while the employee is acting within the course of his/her employment. Reimbursement shall be with the prior written approval of the Superintendent upon submission by the employee of a written report detailing the assault and the property loss involved. Verification of the value of the items may be required. Reimbursement will not be allowed where recovery is available through insurance or other sources.
A. The district shall provide the resources to obtain a minimum of fifteen (15) state approved continuing education hours yearly as part of professional development commitment to the faculty.
B. Each member of the bargaining unit shall be eligible for tuition reimbursement subject to the following conditions:
1. Prior to taking the course, the employee shall submit a copy of the course description and any other information necessary for the Superintendent=s consideration and written approval. Approval of courses shall be at the discretion of the Superintendent. The Superintendent will consider, among other factors, the needs of the district, the employees= area of certification, and the relationship of the course to the field of education.
2. The applicant must achieve a minimum grade of C or better in order to be reimbursed.
3. Employees shall be granted full tuition reimbursement not to exceed the cost of six (6) graduate credits at Rowan University per year from a pool of money set at $100,000 on the 2002-2003 contract year. This base amount shall increase 10% in 2003-2004 to $110,000, and by 10% in 2004-2005 to $121,000. In the event that the demand for reimbursement exceeds the amount of money in the account, then reimbursement will be based on the time and date that a completed package is presented for payment to the Human Resources Department. The district will provide an interim report to the President of the Association on the status of the tuition account following the February board meeting.
4. Reimbursement to part-time professionals shall be prorated based upon the percentage of time worked times the maximum dollar amount allowable.
1. Assignments shall be made at the discretion of the Board and within the area of employee competency and appropriate licensure.
B. Classroom Assistants
1. Each school shall have the following facilities:
a. A work area containing adequate equipment and supplies to aid in the performance of employee=s responsibilities.
b. Each classroom shall contain a student carrell, serviceable chair, and file drawer for the exclusive use of classroom assistants, if these accommodations are within state facility guidelines for space.
C. Employee Mileage
1. Employees who are required to use their personal automobiles in the performance of their duties shall be reimbursed for all authorized and properly documented travel at the rate set by the Gloucester County Board of Chosen Freeholders for Gloucester County employees.
2. Employees seeking reimbursement of mileage costs or other expenses shall submit appropriate documentation on forms as required by the Board. Reimbursement may be requested when the amount of reimbursement is fifty dollars ($50.00) or more, or may be requested on December 1, March 1, and June 20.
HOURS AND WORKLOAD
A. The Association and the Board recognize the unique manner in which educational services are provided to students in the district. The parties agree to work with each other in effecting the efficient and appropriate delivery of educational services.
B. Nothing contained herein prohibits or limits the right of the Board to assign the extra duties normally associated with the teaching profession. Attendance at staff meetings before or after regular teaching hours is mandatory and recognized in the fixed annual compensation, and participation in parent meetings and similar school activities is also part of an employee=s professional responsibility. Reasonable efforts will be made to notify staff at least forty-eight (48) hours in advance, except in emergencies. Professionals will be eligible for a minimal, continuous, daily 30-minute preparation period or 150 minutes cumulative weekly preparation. If a preparation period is not available, the professional shall be compensated through a proration of his/her regular salary.
C. The work day shall not exceed seven (7) hours. Each employee shall be entitled to a thirty (30) minute, duty-free lunch period. The workday may be extended as needed for faculty meetings. Reasonable efforts will be made not to exceed twelve (12) staff meetings per year. Every effort will be made to limit faculty meetings to 30 minutes.
D. Professionals may be absent from the building during their scheduled duty-free lunch periods, provided they notify the office of their departure and return.
E. When an emergency requires monitoring of students after regular work hours, the employee shall be compensated at the additional compensation rate or shall be offered compensatory time.
II. CLASSROOM ASSISTANTS
1. Daily Work Hours
The workday for classroom assistants shall be seven (7) hours, including a duty-free lunch period of the same length as the employee to whom the classroom assistant is assigned.
2. Holiday Schedule
The holiday schedule shall include the school calendar, Labor Day, and the days when schools are closed because of weather conditions.
Defined as hours actually worked in excess of forty (40) hours per week in accordance with the Fair Labor Standards Act.
4. When an emergency requires classroom assistants monitoring of students after regular work hours, the employee shall be compensated at the additional compensation rate or shall be offered compensatory time.
VOLUNTARY AND INVOLUNTARY TRANSFERS
A. In accordance with the decisions of the courts and the statutes of New Jersey, it is the exclusive province of the Board of Education to determine matters related to voluntary and involuntary transfers and reassignments. Nondisciplinary transfers and reassignment decisions of the Board of Education shall be final and binding and not subject to the grievance procedure of this Agreement.
B. Vacancies will be posted on the Central Office bulletin board for a period of ten (10) days. This period may be shortened for reasons of administrative necessity. A copy of such posting notice shall be sent to the Association. Any employee may apply for a vacancy. The decision on the assignment will be made at the discretion of the Superintendent and the Board.
C. Transfers and changes of assignments shall be on a voluntary basis, if possible. In making involuntary assignments and transfers, the convenience and the wishes of the individual employee will be considered to the extent that these considerations do not conflict with the instructional requirements and best interests of the school district and the pupils. When an involuntary transfer or reassignment is necessary, primary consideration should be the employee=s certification, length of service in the district, and extracurricular involvement, along with the needs of the district, in determining which employee is to be transferred or reassigned.
D. Notice of an involuntary transfer or reassignment shall be given to employees two calendar weeks of the effective date.
E. In the event that an employee objects to the transfer or reassignment, the Superintendent or his/her designee shall, upon the employee=s request, schedule a meeting to discuss the transfer or reassignment.
F. Failure to adhere to the procedures herein shall not be sufficient reason or cause to cancel or otherwise disturb a personnel action.
EVALUATION AND PERSONNEL RECORDS
A. Employee observations and evaluations shall be carried out in accordance with all applicable statutory and administrative requirements and as more particularly set forth in New Jersey Statutes Annotated and the New Jersey Administrative Code.
B. Personnel Files
1. Evaluation reports filed in the employee=s personnel file shall be signed by both the evaluator and the employee.
2. An employee shall have the right to review the material in his/her personnel file at least once every year. Inspection appointments will be scheduled upon receipt of a written or telephone request from the employee.
3. An employee will be afforded the opportunity to review material derogatory to an employee=s conduct, service, character, or personality which has been, or will be, placed in the personnel file. The employee will sign the file copy with the understanding that such signature in no way indicates agreement with the contents thereof. An employee shall also have the right to submit a written response to such material which shall be included in the personnel file.
4. Employees shall have the right to indicate those documents and/or materials in their files which they believe to be obsolete or otherwise inappropriate to retain. Said documents may be removed at the discretion of the Superintendent. The decision of the Superintendent shall be final and not subject to the grievance procedure.
II. CLASSROOM ASSISTANTS
All assistants shall be evaluated by their immediate superiors at least one (1) time in each year to be followed in each instance by a written evaluation report which may include a conference between an employee and his/her immediate superior for the purpose of identifying any deficiencies, extending assistance for his/her correction.
TEMPORARY LEAVES OF ABSENCE
A. All employees may be granted temporary leaves without loss of pay provided that they comply with the regulations below:
1. Bereavement Leave
a. An allowance of up to five (5) consecutive days including the date of the funeral service will be granted for death in the immediate family. If there is no funeral service, an allowance of up to five (5) consecutive days from the date of death will be granted for death in the immediate family. In computing the five (5) days, Saturdays, Sundays, and holidays will be excluded. The immediate family is defined as: father, mother, spouse, child, brother, sister, mother/father-in-law, grandparent, or partner of long standing.
b. An allowance of up to three (3) consecutive days including the date of the funeral service will be granted for the following family members: son/daughter-in-law, brother/sister-in-law, or grandchild.
c. An allowance of one (1) day shall be granted to attend the funeral service of the following family members: aunt, uncle, niece, nephew, cousin, or any person who is legally domiciled in the immediate household.
d. The Superintendent, in his/her sole discretion, may grant additional bereavement leave in exceptional circumstances.
2. Personal Leave
a. A full-time employee may request up to three (3) days personal leave per year.
b. Personal leave may be requested for personal business or legal matters which cannot be completed other than during school time. Verification of the reason for the personal day may be required at the discretion of the Superintendent.
c. Personal days may be utilized for emergencies or other urgent reasons not enumerated above if the employee has received the approval of the Superintendent or his/her designee and the employee has completed the required form issued by the Office of the Superintendent.
d. The following regulations shall apply to the granting of personal days:
(1) Any unused personal days shall accumulate in a separate account for use as additional sick days upon the exhaustion of all other sick leave benefits. These days are reimbursable as accumulated sick leave upon retirement.
(2) The request for personal leave shall be submitted to the supervisor on the proper form at least three (3) days before the commencement of the leave, except in cases of emergency.
(3) Any absence which is for a purpose not enumerated above and not covered by sick leave shall result in the deduction of one (1) day=s pay for each day of absence.
EXTENDED LEAVES OF ABSENCE
A. Unless otherwise indicated, the following conditions shall apply to extended leaves of absence:
1. Requests for leave shall be in writing.
2. Eligibility shall be based on a minimum of twelve (12) months of continuous employment in the district.
3. All extended leaves shall be limited to a maximum of one (1) school year or, in the case of nontenured employees, to the end of their contract term. Further extensions, if any, shall be at the sole discretion of the Board after application by the affected employee.
4. In order to be eligible to receive a salary increment, an employee must actively work at least 50% of the school days in a school year. AActively work@ means that the employee is physically present and performing his/her duties. For purposes of this requirement, sick leave and other benefit days are not counted as days worked.
5. Sick leave days and other benefits shall not accrue during the leave, but unused sick leave days held at the start of the leave shall be reinstated upon return to employment.
6. Notice of intention to either return to employment or to resign shall be given to the Superintendent on or before March 1 of the year in which the leave expires.
7. Reemployment during the school year shall be at the sole discretion of the Board. Extended leaves of absence are normally approved through the end of a program year. Employees may also request to return at mid-year. In approving an appropriate return date, the Board will take into consideration the desires of the employee and the need to maintain educational continuity. The Board=s judgment as to the maintenance of educational continuity shall not be subject to review.
8. In cases of disability, including pregnancy, employees may use current and accumulated sick leave as well as Abanked@ accumulated personal leave.
B. The following types of extended leaves of absence are available:
1. Military Leave
a. Military leave without pay shall be granted in accordance with all applicable statutory requirements.
2. Disability Leave (Including Pregnancy Leave)
a. In cases of anticipated disability, an employee shall notify his/her supervisor of the anticipated disability as soon as the employee is under medical supervision for the condition. In case of pregnancy, the employee shall notify her supervisor at least five (5) months prior to the anticipated due date. The employee shall present to the supervisor a written statement from the employee=s attending physician as to the anticipated date of disability, or the due date, in case of pregnancy. The physician=s statement shall include a description of any limitation as to the employee=s physical ability to perform assigned duties.
b. The Board, in its discretion, may require a review and examination of the employee=s condition by a Board-selected physician as to the employee=s fitness to continue in employment. The employee may also secure an examination by his/her own physician. In case of disagreement as to the employee=s fitness, the decision of an independent health officer, mutually agreed upon by the employee and the Board, shall be conclusive. Costs of the health examination shall be shared equally by the employee and the Board. If, as a result of such examination, the employee is found to be unfit to perform assigned duties, the employee shall be placed on sick leave for the duration of the disability with such compensation, if any, to which the employee is entitled under the terms of this Agreement. If, as a result of such examination, the employee is found to be fit to perform assigned duties, every effort shall be made to return the employee to previously held duties, at the same location, regardless of the time in the calendar year.
c. The Board reserves the right to regulate the commencement and termination dates of anticipated disability leaves in order to preserve educational continuity. When this occurs, an employee who is placed on an involuntary unpaid leave shall be entitled to all sick leave and insurance benefits during the period of actual disability, according to the negotiated Agreement and the rules of the insurance carrier. However, time spent on unpaid leave shall not be counted for accrual of any benefits.
3. Miscellaneous Leave
a. Upon application, the Board, in its sole discretion, may grant such additional leave as it deems appropriate.
4. Leave Under the Family Leave Act
a. Leave to provide care as the result of the birth or adoption of a child or a serious health condition of a family member (as defined in the Act) is available to eligible employees pursuant to the Family Leave Act, N.J.S.A. 34:11B-1, et seq. Any such leave shall be in accordance with all statutory requirements and procedures.
b. Pursuant to the Act, eligible employees are entitled to take up to a maximum of twelve (12) weeks of leave in a twenty-four (24) month period. The twenty-four (24) month period commences with the beginning of the leave.
c. Pursuant to the requirements of the Act, the Board will maintain in effect, for up to the maximum twelve (12) week duration of leave under the Act, the employee=s health insurance coverage as if the employee had continued in active employment.
d. Employees desiring family leave must submit a leave request indicating the starting and ending dates of the leave. An employee may return to work prior to the prearranged expiration of the family leave period only at the discretion of the Board.
e. An employee desiring to take leave in excess of the maximum twelve (12) weeks allowable under the Family Leave Act must include a request for this additional leave time along with the original Family Leave Act request. Such additional leave may be granted at the discretion of the Board.
f. Family leave will not be taken concurrently with paid sick leave.
(1) Leave for Child Rearing Purposes
(a) Requests for child rearing leave shall be submitted at least sixty (60) days prior to the anticipated commencement of the leave. The leave request must include the starting and ending dates of the leave or the employee may request that the leave begin immediately upon the conclusion of the disability period due to pregnancy.
(b) Leave for child rearing purposes under the Family Leave Act must start within one (1) year of the birth or adoption of the child.
(2) Leave to Care for Family Member with Serious Health Condition
(a) An employee requesting family leave in order to care for a family member (as defined by the Act) who has a serious health condition shall provide at least fifteen (15) days prior notice to the commencement of the leave, except where emergent circumstances warrant shorter notice. The leave request shall include a prearranged commencement and expiration date.
C. Sabbatical Leave
1. The Board of Education, in seeking to enhance the general welfare and competency of the professional staff, and to stimulate enrichment of the educational environment, shall grant sabbatical leave to full-time professional employees, not to exceed two (2) in any one academic year, in accordance with the following provisions:
a. Eligible professional staff members shall have served a minimum of seven (7) consecutive years in the GCSSSD immediately prior to the year of requested leave.
b. Such leave shall be restricted to post baccalaureate and shall be granted for a period of up to one (1) full contractual year. The sabbatical program must be related to the staff member=s teaching or professional certification and assignment.
c. Sabbatical leave shall be limited to two (2) professional staff members per contractual year.
d. Sabbatical leave shall be without pay, and the professional staff member shall be entitled to health benefits as listed in Article 23.
e. Requests for sabbatical leave shall be submitted to the Superintendent five (5) months in advance of the effective date (prior to March 31). The request shall include a detailed outline of the applicant=s proposed program for the sabbatical period. An applicant shall be notified of the disposition of his/her request within two (2) months following submission.
f. Following such leave, every effort shall be made to reassign the recipient to a position and duties essentially comparable to those in which he or she was engaged.
g. Credit for salary guide purposes shall be granted for the sabbatical period.
A. Employees are entitled to ten (10) days sick leave per year without loss of pay. Sick leave should be taken only in cases of illness which would interfere with the successful completion of responsibilities. The Superintendent has the discretion to require the submission of a medical excuse in appropriate situations.
B. Unused sick leave shall accumulate from year to year. Upon regular retirement, as defined under applicable pension regulations, the employee shall be reimbursed, up to a maximum of 100 days, at $50.00 per diem rate for each unused sick day for the term of this contract. Teacher assistants will be compensated at a $37.50 per diem rate for each unused sick day for the term of this contract. Unused personal days may be credited as unused sick days under this article.
C. Employees shall notify the Human Resources office and their assigned schools of absence due to illness by 6:00 a.m., whenever possible.
D. Upon termination of employment, an employee may request a certificate indicating the employee=s number of accumulated sick days as of the date of termination.
E. Employees released due to a reduction in force and reemployed within the next school year shall be entitled to reinstatement of past accumulated sick leave. Employees leaving the Board=s employ for any other reason and who are thereafter reemployed by the Board may request reinstatement of past accumulated sick leave. The Board, in its discretion, may grant or deny the request, in whole or in part.
F. Employees shall be given a written accounting of accumulated unused sick leave and of Abanked@ personal days at the start of the new school year.
A. Employees covered by this Agreement shall work in accordance with the school calendar to be published by the Board each year. The school year shall not exceed 186 days, exclusive of an additional day for new employees.
B. New employees may be required to report for one (1) additional day that will be utilized for purposes of orientation.
C. The Association may submit a letter to the Superintendent containing recommendations for the utilization of workdays. The letter will be reviewed by the Superintendent and the Board, but final determination on the utilization of workdays will remain at the discretion of the Board.
D. Employees may apply for up to two (2) professional development days which may be granted at the discretion of the Superintendent, upon the recommendation of the individual supervisor.
A. In accordance with N.J.S.A. 18A:29-9, whenever a person shall accept employment as an employee in this school district, his/her initial placement on the salary schedule shall be at such point as may be agreed upon by the individual and the Board.
B. Credit for military service shall be granted as required by N.J.S.A. 18A:29-11.
C. Employees are notified of their contract status for the following year by April 30. This date is subject to modification by rule or regulation.
II. CLASSROOM ASSISTANTS
A. Placement of Salary Schedule
1. Any employee initially employed during the course of any school year shall be given full credit for one (1) year of service toward the next increment step for the following year.
A terminated employee shall receive fourteen (14) calendar days notice.
Any employee who is resigning from his/her position shall give fourteen (14) calendar days notice.
D. District Postings
The Superintendent or designee shall deliver to the Association and post in all school buildings the list of known vacancies and/or new positions as soon as such vacancies/positions are known. Such positions shall be where all notices to employees are usually posted. Nothing herein precludes temporary interim appointments.
E. Reduction in Rank or Job Classification
Any reduction in classification or salary, regardless of compensation or the issuance of a reprimand, may be subject to the Grievance Procedure; however, in matters of suspension or dismissal of an employee, the grievant may appeal only to the Commissioner of Education if dissatisfied with the response of the Board. Nonrenewal shall not be considered a dismissal within the meaning of this paragraph.
A. Employees employed on a ten (10) month basis shall be paid in twenty (20) semi-monthly installments, payable on the 15th and 30th day of each month.
B. Subject to administrative feasibility, an employee may authorize periodic salary deductions in accordance with law.
C. When payday falls on or during a school holiday, vacation, or weekend, employees shall receive their paychecks on the last previous working day. Each staff member shall receive his/her final check, following completion of all duties and obligations relating to the closing of the school year, not earlier than the last day of the school district calendar or June 15, whichever is earlier.
D. Salary adjustments from column to column will be made effective as of September 1 and February 1 of each year. No retroactive increases will be made. To qualify for a salary adjustment, the employee must meet the following requirements:
1. Courses shall have been given at an accredited institution as approved by the State Department of Education.
2. Courses shall be those offered for the attainment of a graduate degree or those specialized courses directly related to the employee=s duties as approved by the Superintendent.
3. Successful completion of the course of study shall be designated by a degree or certification by the institution.
4. To effect a salary adjustment on September 1 or February 1, a professional must notify the Superintendent=s office 30 days prior to the adjustment that requirements will be met. The professional must submit written evidence of having met the above requirements, including transcript records. The records must be submitted before September 1 to be eligible for a salary adjustment in the fall semester and before February 1 to be eligible for a salary adjustment in the spring semester.
E. The salaries of all staff members covered by this Agreement are set forth in the salary schedules which are attached hereto and made a part hereof.
F. Employees who perform regular instructional duties during the summer months shall be compensated on a per diem basis and have all the rights and privileges under contract. Compensation for all summer assignments will be prorated on an hourly basis from the regular salary rate.
G. Employees shall receive longevity payments for years of service in the district as follows: teachers with 20 years or more of service to the district shall receive longevity pay of $750 annually; teacher assistants with 15 years or more of service to the district shall receive longevity pay of $500 annually.
PROVISIONS APPLICABLE TO NONTENURED EMPLOYEES
A. To the extent required by law, nontenured employees who receive notice of nonrenewal shall have as their exclusive means of redress the procedures set forth in N.J.S.A. 18A:27-3.2 and N.J.A.C. 6:3-1.20. No further right of appeal shall be available under this Agreement.
A. The following benefits will be provided:
1. Medical Insurance
a. For the duration of this Agreement, the Board will pay an amount equal to the premium cost in effect during the 2002-2003, 2003-2004, and 2004-2005 year for maintaining appropriate coverage (i.e., single, husband-wife, parent-child or family) under Board approved medical insurance plans with benefits equal to or better than those provided by the New Jersey State Health Benefits Plan.
2. Prescription Insurance
a. For the duration of this Agreement, the Board will pay an amount equal to the premium cost in effect during the 2002-2003, 2003-2004, and 2004-2005 school years for maintaining appropriate coverage (i.e., single, husband-wife, parent-child, or family) under the current prescription program. The co-pay for prescriptions shall be $15.00 (brand) and $10.00 (generic) for the 2002-2003 school year, $17.00 (brand) and $12.00 (generic) for the 2003-2004 school year, and $20.00 (brand) and $15.00 (generic) for the 2004-2005 school year.
3. Dental Insurance
a. For the duration of this Agreement, the Board will pay an amount equal to the premium cost in effect during the 2002-2003, 2003-2004, and 2004-2005 school years for maintaining employee-only coverage under the current dental program.
4. Optical Benefit
a. For the duration of this Agreement, the Board will reimburse up to $150.00 per year towards the cost of eye examinations and prescription corrective lenses for the employee.
B. The Board has the right to change insurance carriers or plans as long as substantially similar benefits are provided. The Board has the further right to implement mandatory second opinion and other cost containment measures.
A. For the purposes of benefit eligibility under this Agreement, and except where a greater number of hours are required by insurance contracts, an eligible employee is defined as a regularly employed employee under contract scheduled to work a minimum of twenty (20) hours per week.
FULLY BARGAINED AGREEMENT
A. This Agreement represents and incorporates the complete and final understanding and settlement by the parties of all bargainable issues which were, or could have been, the subject of negotiations. During the 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, parties at the time they negotiated or signed this Agreement.
A. If any provision of this Agreement is held to be contrary to law, then such provision will not be deemed valid, except to the extent allowed by law. All other provisions of this Agreement shall continue in full force and effect.
A. The terms of this Agreement shall be effective July 1, 2002 through June 30, 2005.
BOARD DATE ASSOCIATION DATE
Board Approved - 3/19/03
I:\Negotiations\2002 2005\Agreement 2002 2005 Booklet Deb.wpd
GLOUCESTER COUNTY SPECIAL SERVICES SCHOOL DISTRICT
2002-03 TEACHERS= SALARY GUIDE
GLOUCESTER COUNTY SPECIAL SERVICES SCHOOL DISTRICT
2003-04 TEACHERS= SALARY GUIDE
GLOUCESTER COUNTY SPECIAL SERVICES SCHOOL DISTRICT
2004-05 TEACHERS= SALARY GUIDE
GLOUCESTER COUNTY SPECIAL SERVICES SCHOOL DISTRICT
2002-03, 2003-04, 2004-05 CLASSROOM ASSISTANTS= SALARY GUIDES
Certified Occupational Therapy Assistants (2 Year Program/Associates)
Specialized Program Assistants
Classroom Assistants - Off Guide