COLLECTIVE NEGOTIATIONS AGREEMENT
PASSAIC VALLEY REGIONAL HIGH SCHOOL DIST. #1
PASSAIC VALLEY OPERATIONS STAFF
* * * * * * * * * * * * * * * * * * * * * * * * * * *
2004 – 2005
2005 – 2006
2006 – 2007
TABLE OF CONTENTS
NEGOTIATIONS PROCEDURE 3
INDIVIDUAL GRIEVANCE PROCEDURE 5
STAFF MEMBER – BOARD RIGHTS 9
WORKDAY AND WORK YEAR 12
STAFF ABSENCES 16
EXTENDED LEAVE OF ABSENCE 17
NOTICE OF PROMOTIONS 18
INSURANCE PROTECTION 19
SALARY GUIDES FOR NON-CERTIFIED PERSONNEL 20
SAFETY ALLOWANCE 22
REPRESENTATIVE FEE 23
DURATION OF AGREEMENT 27
This Agreement entered into the first day of June 2004 by and between the Board of Education of the Passaic Valley Regional High School, District #1 of Passaic County, New Jersey, hereinafter called the “Board” and the Passaic Valley Operation Staff, hereinafter called the “Staff.”
WHEREAS, the Board has an obligation pursuant to Chapter 303 Public Laws 1968 as amended, to negotiate 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; be it
RESOLVED, in consideration of the following mutual covenants, it is hereby agreed as follows:
MEMORANDUM OF AGREEMENT THIS AGREEMENT made this first day of June, 2004, by and between the respective negotiating committees of the Board of Education of the Passaic Valley Regional High School, District #1 (“Board”) and the Passaic Valley Operations Staff (P.V.O.S.).
WHEREAS, the Board and P.V.O.S. are parties to a collective negotiations agreement which expires June 30, 2007 (the “Predecessor Agreement”); and
WHEREAS, immediately preceding the date of expiration of the Predecessor Agreement, the Board and the P.V.O.S., through their respective negotiating committees, have negotiated in good faith pursuant to their mutual obligations under the New Jersey Employer-Employee Relations Act, N.J.S.A.34:13A-1 et seq; and
WHEREAS, during said negotiations, both parties had the opportunity to make, respond to and modify proposal for a successor agreement; and
WHEREAS, during said negotiations, both parties reached mutual agreements with regard to numerous issues, and the parties believe that there is a basis to settle a successor agreement;
NOW, THEREFORE, in consideration of the mutual covenants set forth below, the parties hereto agree upon the following terms and conditions of employment for a successor agreement to the Predecessor Agreement.
The Board hereby recognizes the Passaic Valley Operations Staff as the exclusive and sole representative for collective negotiations concerning the terms and conditions of employment for non-certified personnel under contract, on leave, employed by the Board or hereinafter employed pursuant to the terms of this Agreement, who are members of the Custodial Staff.
Unless otherwise indicated, the term “member”, when used hereinafter in this Agreement, shall refer to all employees represented by the Staff in the negotiating unit as above defined..
The Board and the Staff agree to enter into collective negotiations over a successor agreement in accordance with Chapter 303, Public Laws of 1968, as amended, in a good faith effort to reach agreement on matters concerning the terms and conditions of members’ employment. Such negotiations shall begin during the month of October of the calendar year preceding the calendar year in which this agreement expires. Any agreement so negotiated shall apply to all members, be reduced to writing, be signed by the Board and the Passaic Valley Operations Staff upon adoption by both parties.
During negotiations, the Board and the Staff shall present relevant data, exchange points of view and make proposals and counter-proposals. The Board and Staff shall make available to the Negotiating Committees data necessary to the agreeable resolution of items being negotiated.
Neither party in any negotiation shall have any control over the selection of the negotiating representatives of the other party. The Board and the Staff shall pledge that their representatives shall be able to make proposals, consider proposals, and make counter-proposals in the course of negotiations.
1. The Negotiations Committees shall meet to review any article which both parties mutually agree is in the need of review.
2. Each party shall submit to the other at least seven (7) days prior to the meeting, an agenda covering matters it wishes to discuss.
possible, to take place when the staff members involved are free from assigned responsibilities unless otherwise agreed.
All meetings between the parties shall be regularly scheduled, whenever
Page: 3 4. Should a mutually acceptable amendment to this Agreement be negotiated by the parties, it shall be reduced to writing, be signed by the representatives of the Board and Staff, and be recommended for adoption by their respective bodies.
5. 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 Staff for the duration of 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.
ARTICLE 3 1. It is conceivable that conditions of employment may become a matter of concern for an individual member of the staff. This may result in a complaint against an alleged violation, misinterpretation, or inequitable application of an existing law, rule, regulation, or policy.
INDIVIDUAL GRIEVANCE PROCEDURE
2. The resolution of such a concern or complaint at the earliest possible moment is desirable. It is the intent of these procedures to provide for an orderly settlement of such differences in a fair and equitable manner.
3. Any individual member of the staff shall have the right to appeal the application of policies and administrative decisions affecting him, through administrative channels
4. A staff member may expect to present his complaint with freedom from restraint, interference, coercion, discrimination, or reprisal. Similar freedom from prejudical action shall be granted to the Board of Education, any individual member of the Board or any member of the administrative staff hearing the complaint.
5. The staff member shall have the right to present his own appeal or to be represented and accompanied by a person or persons of his own choice at any step in his appeal.
7. Each party shall have access at reasonable times to all written statements and records pertaining to the case.
All hearings shall be confidential.
8. At each step of the procedures if differences are not resolved within the prescribed time, the staff member shall have the right to move directly to the next step.
9. The function of these procedures is to assure equitable and proper treatment under the existing laws, rules, regulations, and policies which relate to or affect the employee in the performance of his duties. They are not designed for changing such policies and regulations or establishing new ones.
1. The staff member shall present his complaint orally to his immediate supervisor who shall orally and informally discuss the problem with him in an attempt to resolve the matter.
2. If the differences are not satisfactorily resolved through this informal conference within five (5) school days and/or working days, the staff member may present the complaint in writing to the Superintendent of the school or the Superintendent’s designee. A working day is identified as one on which the general school office is open for business.
3. The Superintendent or his designee shall conduct whatever investigation he deems necessary and shall render his determination in writing within three (3) school and/or working days after it is brought to his attention. Copies of the decision shall be given to the employee and to the supervisor.
4. The staff member, if not satisfied, may submit a written request to the Superintendent for review and determination. The Superintendent or his designee shall gather all pertinent data and shall confer with all interested parties, collectively and/or separately. The matter should be resolved as quickly as possible but within a period not to exceed ten (10) school and/or working days.
Page: 6 5. The Superintendent or his designee shall present his determination, including supporting reasons, in writing to all concerned parties, and shall file a report with the Board of Education.
6. If satisfaction does not result from the Superintendent’s or his designee’s action, the staff member may request that his complaint be reviewed by the Board of Education. The request shall be in writing and shall be presented through the Office of the Superintendent. A copy of the request shall be at the same time delivered to the Board Secretary by the Staff member.
7. The President of the Board of Education shall request that the Superintendent submit all written records of the case for review by the Board or a designated Board Committee.
8. The Board or its representatives shall examine the data, may hold a hearing, or shall hold a hearing if requested by any of the concerned parties.
9. Any hearing must be held within ten (10) school and/or working days of the receipt of the appeal by the President of the Board. All parties associated with the complaint and their representatives (if any) shall have the right to attend and to present testimony at such hearing. The Board may also require the presence and testimony of any other persons it so desires.
10. Within fifteen (15) school and/or working days after the conclusion of the hearing the Board shall render a final decision which shall be conveyed to all major parties involved in the complaint. This decision shall be conclusive except for appeals which may be provided for under New Jersey Statutes.
11. Nothing herein contained shall be construed as limiting the right of any staff member having a grievance to discuss the matter informally with any appropriate member of the administration and having the grievance adjusted without the intervention of the Association, provided the adjustment is not inconsistent with terms of this Agreement and that the Association has been given the opportunity to be represented at such adjustment and to state its views.
12. It is agreed by both parties that any time limits specified herein shall be reduced to the time limits specified in a new P.V.O.S. contract which may be negotiated subsequent to this Agreement
ARTICLE 4 STAFF RIGHTS:
STAFF MEMBER – BOARD RIGHTS
A. Pursuant to Chapter 303, Public Laws 1968, the Board hereby agrees that every non-certified employee of the Board shall have the right freely to organize, join and support the Staff 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 laws of the State of New Jersey, the Board undertakes and agrees it shall not directly or indirectly discourage or deprive or coerce any member in the employment of any rights conferred by Chapter 303, Public Laws 1968 or other laws of New Jersey or the Constitutions of New Jersey and the United States; that it shall not discriminate against any member with respect to hours, wages, or any terms or conditions of employment by reason of his membership in the Passaic Valley Operations Staff and its affiliates, his participation in any legal activities of the P.V.O.S. and its affiliates, collective negotiations with the Board or his institution of any grievance, complaint or proceeding under this Agreement or otherwise with respect to any term or conditions of employment.
B. Nothing contained herein shall be construed to deny or restrict to any member such rights as he may have under New Jersey School laws or other applicable laws and regulations. The rights granted to members hereunder shall be deemed to be in addition to those provided elsewhere.
C. No member shall be reduced in rank or compensation or deprived of any contractual or established advantage without just cause. Any such action asserted by the Board, or any agent or representative thereof, shall be subject to the grievance procedure herein set forth.
D. Whenever any staff member is required to appear before the Superintendent, member or members of the Board of Education, or any Committee, representative or agents thereof concerning any matter which could adversely affect the continuation of that staff member in his office, position, or employment, or the salary or any increments pertaining thereof, that member will be given prior written notice of the reasons for such a meeting or interview and that staff member will be entitled to have a representative of the Passaic Valley Operations Staff present to advise that member and represent such member during such meeting or interview.
1. The Board, on its own behalf and on behalf of the electors of the District, hereby retains and reserves unto itself, without limitation, all powers, rights, authority, duties and responsibilities conferred upon and vested in it by the laws and the Constitution of the State of New Jersey, and of the United States, including, but without limiting the generality of the foregoing, the right:
A. Executive Management – To the executive management and administrative control of the school system and its properties and facilities, and the activities of its employees on all shifts.
B. Hiring Rights – To hire all employees and subject of the provisions of law, to determine their qualifications, and the conditions for their continued employment or their dismissal or demotion, and to promote, and transfer all such employees. All things being equal, seniority shall prevail for the filling of open positions and for promotions.
C. Duties and Responsibilities – The Board reserves the right to assign duties and responsibilities to all Custodial Personnel throughout all regular shifts. Without restricting the Board of its rights or authority, there shall be no unilateral changes among Custodial Personnel without just cause.
restrict the Board of its rights, responsibilities and authority under the provision of Title 18A of the laws of the State of New Jersey or any other National, State, County, District or local laws or regulations as they pertain to education.
D. Savings Clause – Nothing contained herein shall be considered to deny or
Page: 11 The regular work week for all members of the Operations Staff shall be from Monday through Friday, except where holidays appear, and except for-custodial employees who may be assigned to a work week of Tuesday through Saturday.
WORK DAY AND WORK YEAR
1. The normal working hours for custodial employees assigned to the day shift shall be between 7:00 a.m. and 11:00 p.m. on days when school is in session; and between 7:00 a.m. and 3:30 p.m. on other working days. Those custodial employees assigned to the day shift shall work forty (40) hours per week exclusive of the lunch period; those assigned to the night shift shall work forty (40) hours per week exclusive of the lunch period. The assignment of specific working hours for each employee shall be made by the Superintendent or his designee, the Supervisor of Buildings and Grounds.
1A. The normal working hours for matrons shall be between the hours of 8:00 a.m. and 4:00 p.m. The morning shift shall start at 8:00 a.m. and finish at 12:00 noon; the afternoon shift shall start at 12:00 noon and finish at 4:00 p.m. Both shifts shall work twenty (20) hours per week. Both shifts no lunch period.
2. Sunday Work
A. All Sunday work, regardless of previous hours worked in a given week, shall be at double time.
3. Saturday and Week-day Work
A. During the regular work week, Monday through Friday, inclusive, time and one-half (overtime) shall be paid after eight (8) hours of work per day.
B. Holidays falling in the work week will be counted in the forty (40) hours worked category.
C. For purpose of overtime, sick days shall count as days worked.
4. Night Shift
A notice shall be posted as far in advance as practicable, ordinarily at least ten (10) school days before the final date when applications must be submitted. A copy of said notice shall be given to the Staff at the time of posting. Members who desire to apply for such vacancies shall submit their applications in writing to the Superintendent within the time limit specified in the notice and the Superintendent shall acknowledge promptly in writing within five (5) days receipt of all such applications. Applications shall be kept on file in the Superintendent’s Office for consideration for a minimum period of two (2) years for future vacancies, or until the office is notified in writing by an applicant that the application is withdrawn, whichever event occurs first.
A. Hours for night shift personnel will run from 2:30 p.m. to 11:00 p.m. with one-half hour allowed for supper.
B. A 10% differential based on contractual salary shall be paid to those personnel who are assigned to the 2:30 p.m. to 11:00 p.m. shift. Differential is based on a maximum of thirty-nine (39) weeks of the school year and shall be included in salary for pension purposes. If a third shift is required by the Board, the shift differential shall be 15% and said shift shall include at least two (2) men.
1. Day time personnel scheduled to work overtime (evenings) will be paid at the prevailing overtime rate of the shift.
2. Unit members required to respond to the SONITROL Alarm System shall be paid $40.00 for each incident wherein they must report to work.
3. Four (4) hour guaranteed minimum payment shall be paid members required to perform unscheduled overtime which is not contiguous to regular work hours.
D. Basis for Selection of Night Shift Personnel
1. Management evaluation of staff capabilities.
2. Institutional needs.
3. Skills and training possessed by the individual.
4. Rating on past performance of assigned tasks.
5. Length of service in the position at Passaic Valley High School.
6. All things being equal, seniority shall prevail for the filling of open positions and for promotions.
Page: 13 5. Security Checks
Custodians may be assigned by the Supervisor of Buildings and Grounds to complete a 1 ½ hour morning security check and 1 ½ hour evening security check on Sundays and all custodial holidays. One and one-half hour check morning and evening at double time for Sundays and all custodial holidays.
Holidays with full pay shall be provided for members of the Custodial Staff as follows:
New Year’s Day Veteran’s Day
Martin Luther King Day Presidential Election
Washington’s Birthday Thanksgiving Day
Good Friday Thanksgiving Friday
Memorial Day Christmas Eve Day
July 4th Christmas Day
Columbus Day New Year’s Eve Day
When the Fourth of July falls on a Saturday it shall be observed on a Friday. When the Fourth falls on a Sunday, it shall be observed on a Monday.
Employees requested to work on a holiday shall receive double time plus ½ payment for said work. Specifically, all work performed on said holidays will be double time and one-half. The Association understands that this policy will begin on November 12, 1990 and gives up all rights to additional payment before that date.
If an employee is sick on a holiday on which he is requested to work, he shall be paid the sick day only.
Any custodial holiday that falls on a Saturday shall be observed on Friday, and any holiday that falls on Sunday shall be observed on Monday except in the case where school is scheduled to be in session on said day, whereby a floating holiday shall be substituted for said day, to be granted to each custodial employee on a future date of his/her choice.
All vacations will be approved by the Superintendent following consultation with the Supervisor of Building and Grounds.
Vacations for custodians shall be as follows:
2 weeks after one (1) year of employment
3 weeks after four (4) years of employment
4 weeks after ten (10) years of employment
5 weeks after seventeen (17) years of employment
P.V.O.S. employees may apply for earned vacation time throughout the contract year with the exception of the period August 15th – September 15th of said contract year. Requested vacation time will be reviewed by the Superintendent who will limit vacation time granted to P.V.O.S. employees from September 15th – June 15th of any contract year to one (1) employee from the day shift and one (1) employee from the night shift during any work week or weeks.
Vacation pay shall be paid at the conclusion of the employee’s last work day immediately prior to the employee commencing vacation.
All members with a twelve (12) month work year shall be allowed for personal illness, sick leave with full pay for twelve (12) school days in any school year. If any staff member requires in any school year less than the specified number of days or sick leave with pay allowed, all days of such sick leave ot utilized that year shall be cumulative to be used for additional sick leave as needed in subsequent years.
Absence for other than sick leave shall not be deducted from the days allowed for personal illness.
DEATH IN THE FAMILY:
Up to four (4) days at any one time in the event of the death of a member’s spouse, child or parent. Up to three (3) days at any one time in the event of the death of a member’s son-in-law, daughter-in-law, grandparent, father-in-law, mother-in-law, brother, sister, brother-in-law, sister-in-law, or grandchild.
Each employee will be allowed three (3) personal days per year. Except in case of emergency, two (2) days notice shall be given before taking a personal day.
MATERNITY LEAVE OF ABSENCE:
EXTENDED LEAVE OF ABSENCE:
Any woman member of the P.V.O.S. may apply for maternity leave under the terms and conditions of Miller vs. Pequannock attached to this contract. All extensions and renewals of said leaves as granted by the Board under the terms and conditions of the Miller vs. Pequannock decision shall be applied for in writing.
TERMINATION OF SERVICES:
Thirty (30) days written notice will be required by employer and employee of notice to terminate service.
Page: 17 A. Promotional positions are defined as follows: All vacancies in existing positions and/or all newly created positions.
NOTICE OF PROMOTIONS
B. The giving of notice as above described shall in no wise be interpreted as compelling the Board and/or the Superintendent to hire for “promotional positions” from among the personnel of the membership of the Passaic Valley Operations Staff.
A. The attached tabulations set forth the salaries which will be paid within the various job classifications for the period from July 1, 2002 to June 30, 2004 as follows:
B. Night Custodian Foreman shall be compensated an amount of $782.00 per year above the figures shown under A above for the custodial employee.
C. The payment for a boiler license shall be $335.00 per year and shall be added to the base salary.
D. Job classification money shall be added to the base salary pay as will the custodial foreman’s additional compensation.
E. One pair of shoes per year shall be provided for each custodian. One cap and one jacket shall be provided for each custodian, as needed, but in no case less than one (1) every three (3) years.
F. Any custodian possessing a bus driver’s license shall receive a stipend of $300.00 per year.
G. Longevity begins the year after the employee reaches the top of the guide.
Longevity is as follows: 2001 – 2002 $3,000.00/year
2002 – 2003 $3,000.00/year
2003 – 2004 $3,683.00/year
STEP 12 MONTHS
PV OPERATIONS STAFF
2001-2002 SALARY GUIDE
STEP 12 MONTHS
PV OPERATIONS STAFF
2002 – 2003 SALARY GUIDE
PV OPERATIONS STAFF
2003 – 2004 SALARY GUIDE
STEP 12 MONTHS
ARTICLE 11SAFETY ALLOWANCE
Safety Shoes – The cost of safety shoes, which meet OSHA safety standards, shall be paid in full upon verification by the Superintendent.
Uniform service – The Board agrees to provide three (3) uniforms per unit member per contract year. Said uniforms are to consist of shirts and pants for male unit members. Blouses and slacks shall be provided for female unit members.
Rain Gear – The Board agrees to furnish a complete set of rain gear for each custodian. Each man will be responsible and will be charged with the complete set of rain gear which will include hat, boots, trousers, and jacket. When rain gear, or any part of the rain gear is worn out, it must be turned in to the Supervisor of Buildings and Grounds before a new set is purchased by the Board.
Matrons – Each matron shall receive one new sweater each year.
A. Purpose of Fee
If an employee does not become a member of the Association during any membership year (i.e., from September 1st to the following August 31st) 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 that membership year. The purpose of this fee will be to offset the employee’s per capita cost of services rendered by the Association as majority representatives.
B. Notification and Amount of Fee
Prior to the beginning of each membership year, the Association will notify the Board in writing of the amount of the regular membership dues, initiation fees and assessments charged by the Association to its own members for that membership year. The representation fee to be paid by nonmembers will be equal to 85% of that amount.
C. Payroll Deduction Schedule
The Board will deduct the representation fee in equal installments, as nearly as possible, from the paychecks paid to each employee on the aforesaid list during the remainder of the membership year in question. The deductions will begin with the first paycheck paid:
bargaining unit position, unless the employee previously served in a bargaining unit position and continued in the employ of the Board in a non-bargaining unit position or was on a layoff, in which event the deductions will begin with the first paycheck paid ten (10) days
Ten (10) days after receipt of the aforesaid list by the Board; or
2. Thirty (30) days after the employee begins his or her employment in a
Page: 23after the resumption of the employee’s employment in a bargaining unit position, whichever is later.
D. Termination of Contract
If an employee who is required to pay a representation fee terminates his or her employment with the Board before the Association has received the full amount of the representation fee to which it is entitled under this Article, the Board will deduct the unpaid portion of the fee from the last paycheck paid to said employee during the membership year in question.
Except as otherwise provided in this Article, the mechanics for the deduction of representation fees and the transmission of such fees to the Association, will, as nearly as possible, be the same as those used for the deduction and transmission of regular membership dues to the Association.
The Association will notify the Board in writing of any changes in the list provided for the paragraph (D) above and/or the amount of the representation fee, and such changes will be reflected in any deductions made more than ten (10) days after the Board received said notice.
G. New Employees
On or about the last day of each month, beginning with the month this Agreement becomes effective, the Board will submit to the Association, a list of all employees who began their employment in a bargaining unit position during the preceding thirty (30) day period. The list will include names, job titles, and dates of employment for all such employees.
Page: 24 The Board of Education will identify three (3) members of the P.V.O.S. unit to attend training courses at the Passaic County Vocational/Technical High School entitled “Apprentice, Maintenance, Mechanics” program. Cost of tuition to be borne by the Board of Education, plus cost of books, not to exceed $100.00 in the first year, and $50.00 in the second year.
The first year of the courses will incorporate the following titles and hours of instruction:
Electric 1/Wiring 72 Hours
Plumbing Theory 36 Hours
Small Engine Repair 36 Hours
Floor Maintenance 06 Hours
The second year of the course will incorporate the following title and hours of instruction:
Air Conditioning/Refrigeration 1 72 Hours
Carpentry 1 72 Hours
Floor Maintenance 06 Hours
Upon successful completion of the first year program, each of the three (3) custodians will be entitled to a $556.00/year stipend. Upon completion of the second year program, each of the three (3) custodians will be entitled to an additional $1,115.00/year stipend.
Those remaining members of the unit who are not selected to participate in the additional stipend aspect of the training program may submit applications to the Superintendent for consideration in the educational training component of the program.
In the event that the Board of Education employs a Boilerman, the stipend will be $1,115.00/year. It is the understanding of the parties that any successor to the Boilerman position would have to possess a Black Seal Boiler License, a Black Seal In-Charge License and Advanced Seal and must have successfully completed the Oil Burner Technology Course at Passaic County Vocational High School. Additionally, he would have to be appointed to this position by the Board.
Nothing in this Agreement prohibits either the Board or the Association from submitting training proposals for the upkeep and maintenance of the plant and grounds; however, these proposals are not binding upon either party in this mutually agreed to contract.
Page: 26 This agreement shall be effective as of July 1, 2004 and shall continue in effect until June 30, 2004.
DURATION OF AGREEMENT
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be signed by their respective Presidents and attested by their respective Secretaries all on the day and year as shown in the Preamble of this Agreement.
WHEREFORE, THE PARTIES HERETO SET THEIR HANDS THE DAY AND YEAR FIRST ABOVE WRITTEN.
BOARD OF EDUCATION OF THE PASSAIC VALLEY OPERATIONS STAFF PASSAIC VALLEY REGIONAL HIGH SCHOOL DISTRICT #1
STEP 2004/2005 2005/2006 2006/2007
1 $24,766.00 $25,691.00 $26,691.00
2 26,264.00 27,189.00 28,189.00
3 27,762.00 28,687.00 29,687.00
4 29,260.00 30,185.00 31,185.00
5 30,758.00 31,683.00 32,683.00
6 32,648.00 34,148.00 35,748.00