FAIRFIELD TOWNSHIP SCHOOL DISTRICT
THE FAIRFIELD TOWNSHIP SCHOOL DISTRICT BOARD OF EDUCATION
THE FAIRFIELD TOWNSHIP EDUCATION ASSOCIATION
FOR THE YEARS
2004-2005 THROUGH 2006-2007
“Whenever in this Agreement the law has been quoted in full, in part or by paraphrase, the language of the law shall govern and not the quotation or paraphrase of the law as it appears in the Agreement.”
The Board, on its own behalf and on behalf of the electors of the Township, hereby retains and reserves unto itself all powers, rights, authority, duties and responsibilities conferred upon and vested in it by the Laws and Constitution of the State of New Jersey and of the United States, including all decisional laws and rules and regulations of the State Department of Education and Commissioner of Education of the State of New Jersey and other governing bodies having jurisdiction and the provisions of this Agreement shall be construed in the light of management prerogatives vested in the Board by the foregoing legal authorities.
1. Classroom teachers – fully certified.
The Fairfield Township Board of Education hereby recognizes the Fairfield Township Education Association as the exclusive and sole representative for collective negotiations concerning grievances and terms and conditions of employment for all full time personnel whether under contract, on leave, employed by the Board, including only;
2. Teachers considered specialists working full-time – fully certified. Any certificated staff member who is not in an administrative position.
3. Nurses – fully certified.
5. Classroom Aides
6. Teacher/Coordinators and Social Worker/Coordinators
B. Definition of Employee
Unless otherwise indicated, the term “employees” when used hereinafter in this Agreement, shall refer to all professional, fully certified employees, including all federally-funded teachers so long as they are federally funded; secretaries; instructional aides; and home school liaison represented by the Association in the negotiating unit as above defined and references to male employees shall include female employees.
C The following positions are excluded: Chief School Administrator, Board Secretary, Assistant Board Secretary, Business Administrator, Principals, Assistant Principals, Secretary to The Chief School Administrator, Board Clerk, Attendance Officer, and any other employees who may be determined by the Chief School Administrator and FTEA President to be “confidential employees”, and all others not listed in Paragraph A above
ASSOCIATION RIGHTS AND PRIVILEGES
A. The Board agrees to furnish to the Association in response to reasonable requests from time to time all public information needed to carry out the union’s duty of representation.
B. Whenever any representative of the Association or any employee participates during working hours in negotiations, grievance proceedings, conferences or meetings, they shall suffer no loss in pay if the participation time is set by the Board
C. The Association and its representatives shall have the right to use the school building with prior approval of Administration. Any custodial costs as a result of these meetings shall be assumed by the Association.
D. The Association shall have the right to use school facilities and equipment for school and Association use with consent of the Administration. The Association shall pay for the reasonable cost of all materials and supplies incident to such use, and for any repairs necessitated as a result thereof.
E. The Association shall have, in each school building, the partial use of a bulletin board in each faculty lounge. Copies of all materials to be posted on such bulletin boards shall be given to the Building Principal.
F. The Association shall have the right to reasonable use of the inter-school mail facilities and school mailboxes as it deems necessary.
G. The rights and privileges of the Association and its representatives as set forth in the Agreement shall be granted only to the Association as the exclusive representative of the employees and to no other organization.
H. Any individual contract between the Board and the individual employee, heretofore or hereafter executed, shall be subject to and consistent with the terms and conditions of this Agreement. If any individual contract contains any language inconsistent with the Agreement, this Agreement, during its duration, shall be controlling.
1. A “grievance” is a claim by an employee, teacher or the Association based upon the interpretation, application or violation of this Agreement, policies or Administrative decisions affecting an employee or a group of employees.
An “aggrieved person” is the person or persons making the claim.
The term “working day” shall mean any day the aggrieved person is required to work.
2. A grievance to be considered must be initiated by the employee within fifteen (15) working days of the time of its occurrence.
The purpose of this procedure is to secure, at the lowest possible level, equitable solutions to the problems which may from time to time arise affecting employees. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of the procedure.
2. If a grievance is not processed within proper time lines by the grievant/association, the grievance is automatically denied and dropped.
D. Rights of Employees to Representation
1. Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as a maximum and every effort should be made to expedite the process. The time limits specified may, however, be extended by mutual agreement.
1. Any aggrieved person may be represented at all stages of the grievance procedure by the aggrieved person, or, at the aggrieved person’s expense, by a representative selected by the aggrieved person.
2. No reprisals of any kind shall be taken by the Board or any member of the Administration against any party in interest, any representative, any member of the Professional Rights and Responsibilities Committee (PR & R) or the Association, or any other participant in the grievance procedure by reason of such participation.
E. Level One
1. An employee with a grievance shall first discuss it with employee’s supervisor in an attempt to resolve the matter informally at that level.
F. Level Two
1. If the aggrieved person is not satisfied with the disposition of the grievance at Level One, or if no decision has been rendered within five (5) working days after presentation of the grievance, the employee may file the grievance in writing to the aggrieved person’s supervisor. The supervisor shall communicate a decision to the employee in writing, with reasons, within five (5) working days of receipt of the written grievance.
G. Level Three
1. The employee, no later than ten (10) working days after receipt of the principal’s decision, may appeal the principal’s decision to the Chief School Administrator. The appeal to the Chief School Administrator must be made in writing reciting the matter submitted to the principal as specified above and employee’s dissatisfaction with decisions previously rendered. The Chief School Administrator shall attempt to resolve the matter as quickly as possible, but within a period not to exceed ten (10) working days. The Chief School Administrator shall communicate a decision in writing with reasons to the employee.
H. Level Four
1. If the grievance is not resolved to the employee’s satisfaction, no later than ten (10) working days after receipt of the decision of the Chief School Administrator, the employee may request a review by the Board of Education. The request shall be submitted in writing through the Chief School Administrator who shall forward the request within six (6) working days to the Board of Education. The Board shall review the grievance and shall, at the option of the Board or upon the request of the employee, hold a hearing with the employee within twenty (20) working days of receipt of the grievance by the board.
I. Level Five
1. The Board shall communicate its decision in writing to the employee, and employee’s superiors, through the Chief School Administrator, within five (5) working days after the decision of the Board of Education.
2. If the employee is not satisfied with the disposition of the grievance at this level, or if no decision has been rendered within twenty-five (25) working days after the grievance was delivered to the Board, the employee may within seven (7) working days, request in writing that the Chairman of the Grievance Committee of the Association submit the grievance for arbitration.
3. If and when the Grievance Committee determines that the grievance is meritorious, only then, not later than ten (10) days after the Board decision, shall it be considered for submission to arbitration. Grievances so determined may be submitted for arbitration only by the Grievance Committee.
4. The Arbitrator shall confine himself to the issue presented under this Agreement, and after presentation of the grievance in a hearing shall render a decision in writing to both parties within thirty (30) calendar days.
5. Only the cost of the Arbitrator with necessary expenses shall be borne equally by the Board and the Association. The decision of the Arbitrator will be binding upon both parties.
1. If, in the judgment of the PR&R Committee, a grievance affects a group or class of employees, the PR&R Committee may submit such grievance in writing to the Building Principal and the processing of such grievance shall be commenced at Level One.
2. Decisions rendered at Level One which are unsatisfactory to the aggrieved person and all decisions rendered at Level Two, Three, and Four of the grievance procedure shall be in writing, setting forth the decision and the reasons therefore and shall be transmitted promptly to the aggrieved person and/or to the Chairman of the PR&R Committee. Decisions rendered at Level Four shall be in accordance with the procedure set forth in Section C. paragraph 6 (c), this article.
3. All documents, communications and records dealing with the processing of a grievance shall be filed in a separate grievance file, and shall not be kept in the personnel file of any of the participants.
4. Forms for filing grievances, service notices, taking appeals, making reports and recommendations and other necessary documents shall be prepared by the Association and given appropriate distribution as so to facilitate operation of the grievance procedure.
5. All meetings and hearings under this procedure shall not be conducted in public and shall include only representatives, heretofore referred to in the grievance procedure.
6. Binding arbitration will be available for those disputes involving interpretation or application of the Agreement, including any non-termination discipline which is provided for in the agreement.
7. If time is lost by any employee due to arbitration proceedings necessitating the retention of a substitute, the Board of Education shall pay the cost of the substitute. However, time lost by the employee due to arbitration proceedings shall be either without pay or shall be charged to the employee’s personal time.
8. If the Board or the Union fail to respond to the time limits in the grievance procedure, the grievance is adjudicated in favor of the other party.
A. No employee shall be disciplined, reprimanded, reduced in rank or compensation, or deprived of any professional 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.
B. Whenever any employee is required to appear before the Chief School Administrator or designee, Board, or any committee member, representative or agent thereof concerning any matter which could adversely affect the continuation of that employee in office, position or employment, the salary or increment pertaining thereto, then the employee shall be given prior written notice of the reasons for such a meeting or interview and shall be entitled to have a representative of the Association present for advice and representation during such meeting or interview. Any suspension of an employee pending charges shall be with pay if the employee is exonerated. Verbal requests to appear before a member of the Administrative staff shall not be construed to be in any way detrimental to the employee’s position of employment and such conferences shall not be included in their personnel file of the employee.
C. The teacher shall maintain the exclusive right and responsibility to determine grades and other evaluations of students within the grading policies of the Fairfield Township School District based upon the teacher’s professional judgment of available criteria pertinent to any given subject area or activity to which he is responsible. If any grade or evaluation is changed without approval of the teacher, it shall be so noted in the student’s permanent record file and a copy given to the teacher.
D. Any criticism by a Supervisor, Administrator, or Board member of a teacher and/or the teacher’s instructional methodology, or any school employee covered by this Agreement shall be made in confidence and not in the presence of students, parents or other public gatherings. This Agreement applies to employees and their criticism of a member of the Board of Education and/or member of the Administration.
E. Whenever there shall be a staff reduction of secretaries and classroom aides, termination shall be on the basis of seniority, so those employees with the longer time of service shall have seniority rights over more junior members in the same type of employment.
A. In accordance with the law as enacted by the Legislature of the State of New Jersey and as interpreted by the Courts of the State of New Jersey , the Board of Education agrees with the Fairfield Township Education Association that it will adhere to the law as the same directs the protection of individuals, their conduct and the pursuit of academic freedom.
A. The Association’s representative shall meet with the Chief School Administrator as mutually agreed upon during the school year to review and discuss current school problems and practices and the administration of this Agreement.
B. Meet and Discuss Committee
1. The moderator of the committee shall be determined by the committee.
2. Up to three (3) members of the Board of Education designated by the Board President and the Chief School Administrator may attend the meetings of the committee as determined by the Board President.
In order to promote and implement an effective procedure for employer/employee input and discourse, a Meet and Discuss Committee for the Fairfield Township School System shall be created to consider such subjects as evaluation criteria and procedure, discipline policy and procedures, in-service programs, and fair dismissal procedures, but shall not be limited to these areas.
3. Up to four (4) members of the FTEA, as well as the President, may be designated by the FTEA President to attend meetings of the committee.
4. The members of the committee shall meet as mutually agreed upon to discuss any subject submitted by the constituent members of the committee, a bargaining unit, the administration, the Board, or any other party with a valid interest in the operation of the school system.
5. The members of the committee may increase their number to mutually agreed upon limits if a specific topic requires additional discussants.
6. This committee shall provide a written summary including any recommendations to the full Board of Education.
7. If the Board of Education does not adopt the recommendation of the Meet and Discuss Committee, the reasons for the Board’s decision shall be provided, in writing, to members of the Meet and Discuss Committee.
PROTECTION OF EMPLOYEES
A. Employees shall not be required to work under unsafe or hazardous conditions or to perform tasks which endanger their health or safety according to the State laws of New Jersey.
B. Whenever any action is brought against an employee before the Board or before the Commissioner of Education of the State of New Jersey which may affect his employment or salary status, the Board of Education shall reimburse the employee for the cost of his defense if the action is dismissed or if the employee prevails.
C. The Board shall give full support including legal and other assistance for any assault upon the employee while acting in the discharge of his duties.
1. Whenever an absence arises from an injury of an employee while performing his responsibilities, upon presenting the results of an examination and a certificate from a medical doctor, the employee shall be entitled to full salary and other benefits without forfeiting any sick leave or personal leave, in accordance with applicable statutory law.
2. The Board shall reimburse employees for reasonable cost of any clothing or other personal property damaged or destroyed as a result of an assault suffered by an employee while the employee was acting in the discharge of his duties within the scope of his employment in an amount not to exceed $250.00.
3. Benefits derived under this or subsequent agreements shall continue beyond the period of any Workmen’s Compensation until the complete recovery of any employee, when absence arises out of or from assault or injury not to exceed one calendar year.
4. A physician, acceptable to both employee and Board, shall determine when the employee is physically capable to return to service.
5. Section 3 shall be void if the injury is found to be the result of an employee’s negligence.
6. Employees shall immediately report cases of assault or injury suffered by them in connection with their employment to their Principal or other immediate superior. Such notification shall immediately be forwarded to the Chief School Administrator, or designee who shall comply with any reasonable request from the employee for information in the possession of the Chief School Administrator relating to the incident or the liaison between the employee, the police, and the courts.
D. Physical Examinations
1. All personnel covered by this Agreement are required to have a physical every other year. Arrangements are to be made by the Chief School Administrator or designee for examination by the school doctor.
2. Payment for the examination shall be the responsibility of the Board provided the school physician is the examining physician. Employees may submit evidence of good health by a physician other than the school physician, but shall be responsible for payment of cost of the examination.
MAINTENANCE OF CLASSROOM CONTROL AND DISCIPLINE
A. When, in the judgment of a teacher, a student requires the attention of any specialized service personnel, he shall so inform his Principal or immediate superior. The Principal or immediate superior shall arrange, as soon as possible, for a conference among himself, the teacher, and an appropriate specialist to discuss the problem and to decide upon appropriate steps for its resolution.
B. When, in the judgment of a teacher, a student is by his behavior seriously disrupting the instructional program to the detriment of other students, the teacher may send the student to the Principal. When necessary, the Principal shall arrange, as soon as reasonably possible, and under normal circumstances not later than the conclusion of the following day, a conference among himself, the teacher, the student, and if requested by the teacher or principal, an appropriate specialist to discuss the problem and to decide upon appropriate steps to its resolution. If the teacher in question objects to the decisions, the matter shall, within twenty-four (24) hours after the decision by the Principal, be referred to the Chief School Administrator for final determination.
A. By the beginning of the school year, each school shall have the following facilities:
1. Space in each classroom in which teachers may store instructional materials and supplies.
2. An appropriately furnished room shall be reserved for the exclusive use of staff as a lounge/work area with adequate ventilation, equipment and supplies to aid in the preparation of instructional materials. Although staff shall be expected to exercise reasonable care in maintaining the appearance and cleanliness, it shall be regularly cleaned by school custodial staff.
3. a. Each teacher shall have a serviceable desk, and file cabinet capable of being locked.
b. Effective with the opening of the new school [est. date September – 2005], each teacher shall have a computer and printer capable of executing tasks that teachers are required to do. Until then the Board will exercise good faith and attempt to provide this facility to each teacher. Teachers who do not have their own computer or a malfunctioning computer shall not suffer any negative actions if they cannot complete tasks requiring computers. Teachers shall exercise good faith in attempting to accomplish tasks.
c. The Board shall provide each teacher with a teacher’s edition or manual for any textbook used in a Core Curriculum Content Standard Subject.
4. A pay phone will be installed in each employee’s lounge.
5. Smoking of tobacco anywhere in school buildings or on school grounds is prohibited except as part of a classroom instruction or a theatrical production.
6. A telephone shall be installed in each faculty room of each school, for use by staff members for the purposes of making local calls to parents, for local contacts on school-related items and for local emergency or local important personal calls.
A. Changes in class, subject, building or room assignment (s) for all unit employees for the subsequent school (or work) year shall be given to each employee as soon as possible but not later than the last working day of the school year.
B. In the event that changes in such assignment(s) become(s) necessary after the last work day of the school year, the Association and any employee affected shall be notified in writing at least ten calendar days before the opening of school, except when the change is necessitated by emergent circumstances, in which event the notification shall take place as quickly as practicable under the circumstances. Upon request of the employee and the Association, the changes shall be promptly reviewed between the Chief School Administrator or designee and the employee affected and at employee’s option, a representative of the Association.
C. The Chief School Administrator shall give notice of assignments to new employees as soon as possible.
D. It is understood that changes in assignment remain the sole prerogative of the Board.
A. Notice of any involuntary transfer or reassignment shall be given to employees as soon as practicable, and except in cases of emergency, not later than the last working day of school.
B. In the event that changes in such schedules, class and/or subject assignments or room assignments are proposed after the last working day of school, any employee affected shall be notified promptly in writing. Upon request of the employee, the changes shall be reviewed between the Chief School Administrator or designee and the employee affected. The employee may, at employee’s option, have an Association representative present at such meeting.
C. A list of open positions in the school district shall be made available to all employees being involuntarily transferred or reassigned. Such employees may request the position, in order of preference, to which they desire to be transferred. An employee being involuntarily transferred or reassigned shall be placed only in an equivalent position.
D. It continues to be understood that transfers remain the sole prerogative of the Board.
A. No later than March 1st of each school year, the Chief School Administrator shall deliver to the Association and post on designated bulletin boards located on a wall near the entrance to each principal’s office, a list of known vacancies which shall occur during the following school year. This procedure shall occur each month continuously until August. The Board shall send notice of summer openings to the FTEA President’ s home address as soon as they become available. Said openings shall also be posted on the bulletin board in the office of the Chief School Administrator.
1. Teachers who desire a change in grade and/or subject assignment or who desire to transfer to another building, may file a written statement of such desire with the Chief School Administrator not later than May 1st. Such a statement shall include the grade and/or subject to which the teacher desires to be transferred, and the school or schools to which he desires to be transferred in order of preference. The teacher must be properly certified. Any teachers not previously granted a requested transfer by June 1, will be sent written notification of openings as they occur after June 1.
2. As soon as practicable, and no later than June 1st, except in an emergency, the Chief School Administrator shall post in each school and deliver to the Association, a system-wide schedule showing the names of all teachers who have been reassigned or transferred and the nature of such reassignment or transfer.
3. Any secretary or classroom instructional aide who wishes to apply for an open position shall apply for said position within one (1) week of the date of announcement. The Board shall not permanently fill the position until after the expiration of the one week period. All transfers ultimately are the sole prerogative of the Board and its authorized agent(s).
A. 1. All ten-month employees shall be entitled to ten (10) days sick leave each school year as of the first official day of school. All twelve-month employees shall be entitled to twelve (12) sick leave days each school year as of the first working day of each fiscal year. Unused sick leave shall be accumulated from year to year with no maximum limit. A doctor’s note shall be required after two (2) days absence.
2. Sick leave days shall be accumulated in whole day increments, unless employee becomes ill during the work day requiring departure from work, in which event one-half day credit shall be given if employee remains at work at least four hours.
3. n.j.s.a. 18A:30-1 defines sick leave as absence from his or her post of duty because of personal disability due to illness or injury or exclusion from school by the school district’s medical authorities on account of a contagious disease or being quarantined for such a disease in his or her immediate family. Normally, absence for a doctor’s appointment is not within the scope of sick leave unless the same is necessary to prevent employee from being disabled from performing his or her normal duties, for example: treatment for an ongoing medical condition that, without such treatment, would disable the employee from working. To aid in the resolution of any differences, reference is made to the settlement by the parties in Arbitration arising from a grievance, bearing PERC Docket Nos. AR 2002-276 and 555, and the letters of May 21 2003 from Sandra Zaccaria, then president of FTEA to Tom Myers, UniServe Representative, and of May 24, 2003, from Samuel J. Serata, Esq., then School Attorney for the Board to Thomas G. Myers, UniServe Field Representative.
B. Upon retirement, a unit employee shall be paid for accumulated sick leave under the following conditions:
1. Notify the School District in writing no later than November 1st of the year prior to the fiscal year in which retirement is to occur.
2. The employee must have accumulated no less than sixty(60) days of accumulated sick leave to be eligible for this benefit.
3. Compensation shall be $50 for each day per teacher; $25 for each day for each secretary or full time instructional aide. A maximum of $10,000 will be paid to each teacher and a maximum of $5,000 to each eligible secretary or full time instructional aide.
4. This benefit shall be payable on a date selected by the retiring employee during the school fiscal year (July 1-June 30) following the year of retirement. However, if the employee states a case of bonafide hardship, the benefit may be payable at an earlier date upon application to the Board.
5. Payment for accumulated sick leave, if deferred after the effective date of retirement, and if the death of the retiree occurs, shall be made to the retiree’s estate.
C. An extended paid leave of absence may be granted to employees who have exhausted accumulated sick leave through lengthy illness. For an employee to receive the difference between his or her regular daily salary and that of a substitute, such request must be made in writing and may be granted by the Board on a case by case basis.
A. Employees shall be entitled to the following temporary non-accumulative leaves of absence with full pay each school year.
1. Each teacher, aide, and ten-month secretary shall receive three (3) days per year personal leave for legal, business, or personal household matters which require absence during the work hours. (For 12 month secretaries, the number of days is three) No reason need be stated in applying for such leave provided application is made at least two (2) days in advance. If less than a two day minimum application, then a specific bona fide reason must be given that precludes attendance at work. Reasons must be supplied for any days applied for after May 15th through September 1st of each year under the same conditions except that leave will be granted for the graduation of a child or spouse. Unused personal days shall be converted to accumulated sick leave each year.
2. Days granted for the purpose of visiting other schools or attending meetings or conferences of an educational nature. These days must be approved by the Board in advance. A written report must be made to the Chief School Administrator within five (5) days after the meeting or conference in order to be compensated for that day. Only two (2) staff members per school will be approved on any day except in an emergency.
3. Time necessary for appearance in any legal proceeding(s) connected with the employee’s employment with the school system where the Board and the employee are defending parties, or a court subpoena requiring an employee’s attendance at a proceeding involving litigation arising from his employment.
4. a. In the event of the death of an employee’s spouse, child, child-in-law, parent, parent-in-law, brother, sister, sister-in-law, brother-in-law, grandparent or grandchild, or member of the immediate household, such employee shall be eligible for paid bereavement leave for all workdays that may be required during the five calendar day period commencing with the day after death. In the event extensive travel or other extenuating circumstances exist, at the employee’s request, the Chief School Administrator may alter the five-day sequence or extend the five calendar day period to six or seven calendar days.
b. In the event of the death of an employee’s uncle, aunt, nephew, or niece, such employee shall be eligible for paid bereavement leave for one workday, as may be required. In the event that extensive travel is required, an employee may apply for and shall be granted one (1) personal day from his annual allowance of three (3) personal days.
5. Up to five (5) school days per year will be granted in the event of a medically verified terminal illness, critical illness, accidental injury, surgery, or hospitalization of an employee’s spouse, child, parent, or member of the immediate household. In the case of an immediate medical emergency, partial days may be granted by the Chief School Administrator or designee, which partial days will accrue against the total allowance for the year.
B. Tenured employees may be granted, by the Board, a voluntary leave of absence for one year without pay, subject to the following conditions and to authorization by the Board.
1. Request for a voluntary leave of absence must be received by the Chief School Administrator in writing in such form as may be mutually agreed on by the Association and the Administration, no later than February 1st, and action must be taken on all requests no later than March 1st, of the school year preceding the school year for which the voluntary leave of absence is requested.
2. Upon return from the voluntary leave of absence, an employee shall remain on the salary schedule at the level which he was on at the time of his leave, plus any salary raise for the year he returns. This employee does not move any steps on the salary scale while on voluntary leave.
3. The purpose of voluntary leave of absence shall include but not be limited to study in another area of specialization, for travel, or for other reasons of value to the school system.
4. All benefits to which an employee on tenure was entitled at the time his leave of absence commenced, including unused accumulated sick leave, shall be restored to him upon return, and he shall be assigned within his job certification.
1. Maternity – The Board shall grant maternity leave for a natural birth without pay to the employee upon request subject to the following stipulations and limitations:
a. Maternity leave shall commence on the date requested by the employee, provided it shall begin no more than four weeks before the due date of the birth as determined by the employee’s physician and shall end not more than four weeks after the actual date of birth. This time may be extended upon proof of medical necessity.
C. MATERNITY and CHILD CARE LEAVE
b. Any employee granted maternity leave without pay according to the provisions of this section may, at her discretion, elect to substitute all or any part of her accumulated sick leave in lieu thereof and receive full pay and benefits for the same.
c. No employee shall be prevented from returning to work after childbirth solely on the ground that there has not been a time lapse between childbirth and the desired date of return. A doctor’s certificate will be required upon return to work.
d. The Board shall not remove any employee from her duties during pregnancy unless the employee cannot produce a certificate from her physician that she is medically able to continue working.
2. Child Care Leave – The Board may grant child care leave for up to one year after date of birth without pay, provided it will not adversely affect the educational or operational process in the Fairfield School District which shall be determined in the sole discretion of the Board.
a. Child care leave shall commence on the date requested by the employee so long as it does not affect the educational or operational processes of the School District.
b. An employee granted child care leave may not elect to substitute any sick leave in lieu thereof.
A. Each teacher shall be placed on his proper step of the salary schedule in accordance with the following:
1. Credit up to the seventh step of any salary level on the Teacher Salary Schedule may be given for previous outside teaching experience in a duly accredited school upon initial employment in accordance with the provisions of Schedule A. Included within the seven steps are credits not to exceed four (4) years for military experience or alternative civilian service required by the Selective Service System. The Board may grant additional credit for teaching experience, up to the person’s actual number of years teaching service if recommended by the Chief School Administrator.
2. Any teacher previously employed in the Fairfield Township School District who returns to the district shall be given full credit on the salary scale for teaching experience within the Fairfield Township School District.
B. Non-tenured teachers shall be notified of their contract status for the ensuing year no later than April 30th, and contracts must be accepted by June 1st (or as may be otherwise provided by N.J.S.A. 18A:27-10).
C. It is agreed that all teachers presently employed are now on their proper step and any claim for previous experience shall be made at the time of employment and will not be entertained thereafter by the Board.
D. Newly hired secretaries shall be placed on step 1 of the salary guide, provided however, that additional credit for work experience may be given so as to allow placement on the salary guide, at the Board’s discretion based on the recommendation of the Chief School Administrator.
E. Whenever a vacancy occurs in any teaching, administrative, secretarial, aide, or paid extracurricular activity, or a new position is created, the Board shall, within ten (10) working days notify the Association in writing of that fact. Written notice of a resignation or retirement shall constitute the occurring of a vacancy.
TEACHERSA. PERFORMANCE REQUIREMENTS
1. As professionals, teachers are expected to devote to their assignments the time necessary to meet their responsibilities, but they shall not be required to clock in or clock out by hours and minutes.
2. Teachers shall indicate their presence for duty by signing their initials in the appropriate column of the faculty sign-in roster.
3. The teacher work day shall be seven (7) hours in length. The teacher workday shall include a at least a thirty (30) minute duty-free lunch time; a duty-free preparation period equal in length to a regular classroom period; and 20 minutes before student arrival and 20 minutes after student dismissal of non-pupil contact time. Should it become necessary for there to be additional student contact time before the arrival or after the dismissal of students, then arrangements shall be made for a teacher[s] to remain and be compensated at the hourly rate for remaining with the students. The Administration shall ask for volunteers for this duty before assigning it.
4. For every five (5) days of inexcusable lateness, a teacher shall forfeit 1/400 of a year’s pay. If the teacher fails to notify the Administrator and a substitute is called, the teacher shall forfeit 1/200 of a year’s pay, except in cases of emergencies, or the teacher may remain at school and perform normal classroom duties whereupon the substitute’s pay for that time shall be deducted from the teacher’s salary.
B. Every teacher shall plan lessons and teach course content in a manner the teacher considers most practical and useful within the curriculum guidelines. All teachers shall submit lesson plans according to procedures outlined by the Principal.
C. Teacher participation in extra-curricular activities which extend beyond the regularly scheduled in-school day shall be voluntary and shall be compensated at the rate of pay in Schedule D.
D. Primary School teachers shall have a daily planning period of at least 30 minutes. Middle School teachers shall have a daily planning period equal to the length of time of a regular class period.
E. Special teachers will not be used as substitutes except in an emergency.
F. Teachers shall not be required to attend more than two (2) faculty meetings a month lasting no more than one (1) class period in length and written notice of said meetings shall be provided at least two (2) days in advance.
G. Teachers shall be reimbursed mileage at the rate paid by New Jersey Department of Education for traveling expenses when attending offsite workshops only when specific Board approval is given for said mileage reimbursement in conjunction with the approval of attendance at the workshop and for mileage incurred while in the performance of their jobs.
This applies only if teachers are given specific directions by the Principal, Chief School Administrator, or Board. Those staff members traveling in conjunction with Federal Programs will be paid at the rate established by the Federal Guide.
H. Meetings which take place after the regular in-school workday and which require attendance will not be called on Fridays or on any day immediately preceding a legal holiday when school will not be in session.
I. Any teacher who is required or volunteers to work on extra instruction or homebound instruction, including teaching classes at summer school shall be compensated at the rate of: $24.00 per hour during the 2004-2005 school year; $25.00 per hour during the 2005-2006 school year; and $26.00 per hour during the 2006-2007 school year.
J. A teacher who is required to cover a class and is required to lose a planning period shall be compensated $20.00.
K. Any staff member who is requested to work beyond the contractual workday in order to supervise students (remain with students because of late buses, provide special instruction, etc.), or make a Board presentation shall be compensated at the rate provided in paragraph I above.
A. The normal work week for all secretaries shall be thirty seven and one-half (37-1/2) hours per week, excluding a thirty (30) minute lunch period daily from September 1 to June 30. It shall be 1 hour less per day from July 1 to August 30 excluding a sixty (60) minute lunch.
B. Overtime at the rate of compensatory time up to forty (40) net hours per week will be provided and a premium rate of time and one-half will be paid above forty (40) net hours per week exclusive of lunch. For purposes of determining the work week, holidays shall count as regular work days.
C. For twelve (12) month secretaries, the following vacation schedule shall apply:
1. After one (1) year…….…. 1 week
2. After two (2) years...….… 2 weeks
3. After five (5) years………. 3 weeks
4. After ten (10) years……….4 weeks
D. For every five (5) days of inexcusable lateness, the secretary shall forfeit 1/400 of a year’s pay. If the secretary fails to notify the Administrator and a substitute is called, the secretary shall forfeit 1/200 of a year’s pay, except in cases of emergencies, or the secretary may remain at school and perform his normal duties whereupon the substitute’s pay for that time shall be deducted from the secretary’s salary.
A. Classroom aides shall indicate their presence for duty by signing their initials in the appropriate column of the staff sign-in roster.
B. The classroom aides’ work day shall be 6 hours and 30 minutes in length and shall include lunch time.
C. For every five (5) days of inexcusable lateness, a classroom aide shall forfeit 1/400 of a years pay. If a classroom aide fails to notify the Chief School Administrator and a substitute is called, the classroom aide shall forfeit 1/200 of a year’s pay, except in cases of emergencies, or the classroom aide may remain at school and perform normal duties whereupon the substitute’s pay for that time shall be deducted from the classroom aide’s salary.
D. Classroom Aides shall have a daily duty-free lunch period of at least 30 minutes or the amount of time provided students.
E. Classroom aides will not be used as substitutes except in an emergency. Certificated classroom aides who substitute for absent teachers shall be paid the substitute per diem rate for such time.
F. Classroom Aides shall be reimbursed at the rate paid by New Jersey Department of Education for traveling expenses incurred while in performance of their jobs. This applies only if aides are given specific directions by the Principal, Chief School Administrator, or Board. Those staff members traveling in conjunction with Federal Programs will be paid at the rate established by the Federal Guide.
1. The work year for the teacher shall consist of 186 days and the student year will be 180 days
a. Four of the specified teacher work days will be devoted to in-service training.
b. Prior to the first student contact day, one day shall be designated for room preparation.
c. The day following the final day of student contact shall be devoted to preparing classrooms for school closing and for completion of end of the year tasks assigned by the Principal or his designee.
2. In the first year of employment, teachers new to the district may be required to attend up to three additional days of orientation sessions prior to the opening week of school.
3. In addition to the four (4) full days for in-service training, workshops, or other professional development half-day sessions, defined as any day in which pupils are dismissed early, may also be required for the same purposes.
4. Additional in-service days may be added to the calendar if more than provided herein are mandated by the State of New Jersey.
B. CLASSROOM AIDES
1. The work year for classroom instructional aides shall consist of 180 days which shall coincide with the 180 pupil attendance days.
D. SCHOOL CALENDAR
If Secretaries are required to work on Veterans’ Day or Columbus Day, they shall be compensated at their per diem rate for days worked.
Before the Board adopts the school calendar, the same shall be presented to the Association who may then confer with the CSA and suggest any changes.
A. The Board and the Association acknowledge that a teacher’s primary responsibility is to teach and that his energies should, to the extent possible, be utilized to this end. However, they agree as follows:
1. Teachers may be required, if necessary, to perform certain of the following duties: bus duty, hall duty, cafeteria duty (lunch and breakfast)
2. Teachers shall not be required to perform the following duties:
a. Delivering books to the classroom, keeping registers, and/or custodial functions.
b. Correcting standardized tests used at the direction of the Board or the Administration provided they are capable of being machine scored.
3. Teachers shall not be required to drive students to activities which take place away from the school building.
4. Teachers are not required to supervise detention longer than the 20 minutes they are required to remain working after students are dismissed.
A. The salaries of all teachers covered by this Agreement are set forth in Schedule A, which is attached hereto and made a part hereof. Salaries for instructional aides on Schedule B; salaries for secretaries on Schedule C. Payment for Extra-Curricular Activities covered by this Agreement are set forth in Schedule D.
B. Method of Payment
1. Ten Month/Twelve Month
2. Employees Saving Plan
Employees will receive their paychecks every two weeks, prorated over the term of employment.
Employees may determine specific amounts of their monthly salary deducted from their pay. These funds shall be forwarded to the Cumberland County Teachers Credit Union and put in an interest-bearing account for each employee who so designates. Management of the account is handled by the Credit Union and each individual employee. The Board shall be saved harmless from liability by the Association after funds have been transferred and accepted by the Credit Union.
4. Procedure for Withholding Employment Increment or Adjust Increments
When a payday falls on or during a school holiday, vacation or weekend, employees shall receive their paychecks on the last previous working day.
a. The immediate superior and/or the Principal shall not forward any recommendations to withhold a teacher’s increment or a part thereof through the Chief School Administrator to the Board unless at least ninety (90) calendar days prior thereto, and in no case later than April 1st of the preceding school year in which such action would take effect, the Principal has given to the teacher against whom the recommendation shall be made, written notice of the alleged cause or causes for the recommendations specifying the nature thereof with such particulars as to furnish the teacher an opportunity to correct and overcome the same.
Employment or adjustment increments may be withheld in whole or in part for inefficiency or other just cause related to the performance of duties and only in accordance with the following:
b. Once a recommendation is forwarded to the teacher and Board, the teacher may within ten (10) school days file a grievance commencing at Level Two. No action shall be taken on the recommendation until the grievance is heard according to the grievance procedure as set forth in ARTICLE III of this Agreement.
5. Final Pay
Final paychecks shall be presented to ten (10) month employees on the last working day in June upon satisfactory completion of all closeout responsibilities.
6. Homebound and Summer Work for Teachers
The rate for such work shall be as set forth in paragraph XVI.I. above $24.00 per hour during the 2004-2005 school year; $25.00 per hour during the 2005-2006 school year; and $26.00 per hour during the 2006-2007 school year).
A. The Board shall continue to provide the full premium for N.J. State Health Benefits Plan coverage, or its equivalent for employee, family and eligible dependents.
1. A detailed description of the Plan shall be provided to each employee by the Board.
2. For each employee who remains in the employ of the Board for the full school year, the Board shall make payment of insurance premiums to provide insurance coverage for the full twelve (12) month period, commencing June 30th and ending July 1st. When necessary, payment of premiums in behalf of the employee shall be made retroactively or prospectively to assure uninterrupted participation and coverage.
B. The Board shall provide to each employee a description of health-care insurance coverage provided under this Article, which shall include a clear description of conditions and limits of coverage as listed above.
C. The Board shall provide for continuance of health-care insurance after retirement on the terms detailed in the master policies and contracts agreed upon by the Board and the Association. Retiree will pay all costs.
D. The Board shall provide dental plan coverage for the employee only commencing with the 1999-2000 school year, and family coverage if requested by the employee for the 2000-2001 school year.
E. The Board shall provide one-half of the cost of vision plan coverage for the employee and members of his family commencing with the 1999-2000 school year, if the employee elects such coverage.
F. The Board shall provide Family prescription coverage with a $5.00 co-pay. The prescription coverage shall provide a premium cap limiting the employer’s responsibility to a maximum annual premium per employee of: $1,200.00 for the 2001-2002 school year; $1,300.00 for the 2002-2003 school year; and $1,400.00 for the 2003-2004 school year.
TENURED TEACHERSA. On or before the first school day of the year, the Chief School Administrator shall give to each teacher a copy of the form used to evaluate the teacher. This is to be used for the teacher’s edification, and any problems should be discussed with the respective Principal and/or immediate superior.
B. All monitoring or observation of the work performance of a teacher shall be conducted openly and with full knowledge of the teacher. The use of eavesdropping, public address, audio systems, and similar surveillance devices shall be strictly prohibited.
C. No observation/evaluation report shall be submitted to the central office, placed in the teacher’s file or otherwise acted upon without prior conference with the teacher. No teacher shall be required to sign a blank or incomplete evaluation form.
D. Teachers shall be evaluated only by persons certificated by the New Jersey Board of Examiners to supervise instruction.
3. Although the Board agrees to protect the confidence of personal references, academic credentials and other similar documents, it shall not establish any separate personnel file which is not available to the teacher’s inspection.
4. A teacher shall be permitted to reproduce on the premises any information in his personal file, other than pre-employment references or related correspondence, placement bureau references or other pre-employment information.
E. 1. A teacher shall have the right, upon request, to review the contents of his personnel file and to receive copies therein. At least once every three (3) years the teacher, in consultation with the Chief School Administrator, may indicate those documents and/or other materials in his file which he believes to be obsolete or otherwise inappropriate to retain, and shall have them removed from the teacher’s file.
2. No material shall be placed in a teacher’s personnel file unless the teacher has had an opportunity to review such material. The teacher shall acknowledge that he has had the opportunity to review such material by affixing his signature to the copy to be filed with the express understanding that such signature in no way indicates agreement with the contents thereof. The teacher shall also have the right to submit a written answer upon said document and his answer shall be reviewed by the Chief School Administrator or designee.
F. A conference time shall be established within five (5) working days of the evaluation and/or observation between the supervisor and the teacher.
G. All written evaluations and formal observations shall not be limited to a check list, but shall also contain narrative language.
A. Non-tenure teachers will have three (3) formal observations, prior to April 30th of each school year, followed by a conference with the Building Principal. The Principal will give the teacher a written evaluation; a copy of which will be kept by the Principal and one placed in the teacher’s file.
B. The written observation should include the teacher’s strong points as well as his weak ones. Suggested improvements should be given to the teacher in the area the Principal considers weak.
C. If by January 15th, the Principal feels the teacher has not shown improvement, the Principal will call the teacher in for a conference, explaining there is a possibility of his not being rehired. The Principal must explain what improvements the teacher must make in order to be considered for rehiring.
D. By March 15th, if the teacher is not going to be recommended for rehiring, the teacher will be so informed by the Building Principal. At that time the teacher will have a conference with the Building Principal to discuss non-renewal of his contract.
E. If the teacher is not satisfied with the Principal’s decision, the teacher may appeal the decision, within ten (10) days to the Chief School Administrator who will re-examine the case.
F. If the teacher is not satisfied with the decision of the Chief School Administrator, the teacher is entitled to an informal hearing before the Board. The Board shall issue its written determination as to the employment or non-employment of said non-tenure teacher for the next succeeding school year within three (3) days after the completion of the hearing. Said proceedings shall be completed and the Board’s determination presented to the teacher no later than May 15th. Should the Board fail to comply with the procedure outlined in Article XXI, the Board shall be deemed to have offered to that teacher continued employment for the next school year. If the teacher desires to accept such employment, the teacher shall notify the Board of such acceptance in writing on or before June 1st , in which event such employment shall continue as provided for herein.
FAIR DISMISSAL PROCEDURE
A. Nothing contained in this Agreement shall be construed to deny or restrict any employee or the Board such rights as they may have under New Jersey Laws or other applicable Laws and regulations. The rights of employees and the Board hereunder shall be deemed to be in addition to those provided elsewhere.
B. No employee shall be disciplined, fined or suspended without pay without just cause. Any such action by the Board or any of its agents shall be subject to the grievance procedure except when such disposition is properly to be decided before the N.J. Commissioner of Education. Nothing herein is to be construed to mean that the Board relinquishes any of its rights relative to exercise of its managerial prerogatives within the limitations of statutory provisions.
C. All Teachers
1. Teachers shall be evaluated and formally observed in accordance with the dictates of Statute.
2. If any teacher is felt to be incompetent by the Building Principal to the point of early dismissal, he is entitled to a conference with the Building Principal regarding reasons for early dismissal. If the teacher is not in agreement, he may appeal to the Chief School Administrator. If the teacher is not satisfied with the decision of the Chief School Administrator, the teacher is entitled to a hearing before the Board.
D. Nothing in this Article shall be construed to mean that the Chief School Administrator, Board or any of their agents or representatives, including Principals, may not discuss general and routine matters related to the educational and operational process with the employee without prior notice, provided, however, that the intent and purpose of the conferences is not contemplated to support a change or changes which could reasonably be expected to eventuate in the dismissal of the employee or adversely affect his salary.
Full reimbursement of the cost of tuition for each post graduate course successfully completed with a minimum grade of “B” or “Pass” in the event of a “Pass or Fail” grading system, or its equivalent, will be paid to all tenured teachers in their specific field of teaching. A maximum of $1,300.00 per teacher for the school year will be granted annually (non-accumulative), payable one calendar year after completion of each course provided the teacher is still an official employee of the district. Annually is defined as that period from September 1 to August 31. Up to $50.00 of the $1,300.00 may be used for miscellaneous related fees or expenses such as parking permits, laboratory fees, etc.
2. Secretaries and Instructional Aides
Secretaries and Instructional Aides required or approved to take courses of occupational benefit to the employee shall have such courses approved in advance and shall require successful completion for reimbursement. Reimbursement shall be limited to $650.00 maximum per employee annually which is defined as September 1st to August 31st.
B Prior Consultation
Request for approval of courses for reimbursement must be submitted in writing prior to registration. It is understood that final approval resides with the Board or its designated agent.
C. Submission of Proof
Funds will be reimbursed upon submission to the office of the Chief School Administrator of Schools evidence of participation, official transcript proof of successful completion of the course and proof of cost of tuition.
A. If an employee does not become a member of the Association during any membership year (i.e., from September 1 to the following August 31) 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 representative.
B. 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 non-members will be determined by the Association in accordance with the law.
2. Legal Maximum
In order to adequately offset the per capita cost of services rendered by the Association as majority representative, the representation fee should be equal in amount to the regular membership dues, initiation fees and assessments charges by the Association to its own members, and the representation fee may be set up to 85% of that amount as the maximum presently allowed by law. If the law is changed in this regard, the amount of the representation fee automatically will be increased to the maximum allowed, said increase to become effective as of the beginning of the Association membership year immediately following the effective date of the change.
C. Deduction and Transmission of Fee
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 from the salaries of such employees, in accordance with paragraph 2 below, the full amount of the representation fee and promptly will transmit the amount so deducted to the Association.
2. Payroll Deduction Schedule
a. Ten (10) days after receipt of the aforesaid list by the Board; or
b. Thirty (30) days after the employee begins employment in a 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 layoff, in which event the deductions will begin with the first paycheck paid ten (10) days after the resumption of the employee’s employment in a bargaining unit position.
The Board will deduct the representation fee in equal installments, as nearly as possible, from the paychecks paid to each employee of the aforesaid list during the remainder of the membership year in question. The deductions will begin with the first paycheck paid:
3. Termination of Employment
If an employee who is required to pay a representation fee terminates 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 the 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 in paragraph 1 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.
5. 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.
DURATION OF AGREEMENT
A. This Agreement shall be effective upon the date of signing, except that salary compensation shall be retroactive to September 1, 2004. Where hourly rates have been documented and already compensated, additional compensation shall be paid retroactively to September 1, 2004. The Agreement shall continue through June 30, 2007, and thereafter unless otherwise agreed between the parties. All terms and conditions of employment effectuated by this Agreement are the complete understandings of the parties and all items negotiated and agreed to by the parties have been incorporated herein.
FAIRFIELD TOWNSHIP BOARD OF FAIRFIELD TOWNSHIP EDUCATION
Negotiations Chairperson Negotiations Chairperson
Dated: January ___ , 2005. Dated: January ___ , 2005.
BA – BA+30
TEACHERS BA TEACHERS BA + 30
MA – MA+30
TEACHERS MA TEACHERS MA + 30
HIGH SCHOOL DIPLOMA – HIGH SCHOOL DIPLOMA+30 HRS
CLASSROOM AIDES CLASSROOM AIDES
HIGH SCHOOL DIPLOMA HIGH SCHOOL DIPLOMA + 30 HRS
ASSOCIATE DEGREE – ASSOCIATE DEGREE+30
CLASSROOM AIDES CLASSROOM AIDES
ASSOCIATE DEGREE ASSOCIATE DEGREE + 30
TWELVE MONTHS TEN MONTHS
EXTRA CURRICULAR ACTIVITIES
2004 THROUGH 2007
The Rate of pay for Board Approved Clubs and Extra-Curricular Activities shall be $700.00 per year. Any new club, sport or non-instructional activity which shall be approved by the Board at any time during the school year shall be paid at the rate of $700.00. A written list of Board approved clubs and activities shall be provided to the Association President at least five (5) days prior to the first day of each school year. The list for the 2004-2005 school year includes, but is not limited to the following:
1. Primary School Safety Patrol Advisor $ 700.00
2. One Softball Coach (Boys) $ 700.00
3. One Softball Coach (Girls) $ 700.00
4. One Cheerleading Coach $ 700.00
5. One Basketball Coach (Boys) $ 700.00
6. One Basketball Coach (Girls) $ 700.00
7. One Honor Society Advisor $ 700.00
8. One Student Council Advisor $ 700.00
9. One Yearbook Advisor $ 700.00
10. One Soccer Coach $ 700.00
11. After School Chorus Director $ 700.00
12. Middle School Safety Patrol Advisor $ 700.00
13. Double Dutch $ 700.00
14. Intra-mural Sports $ 700.00
15. Cross Country $ 700.00
16. Volley Ball $ 700.00
17. Book Worms $ 700.00
18. Drama Club $ 700.00
19. Computer Club $ 700.00
20. First Aid Club $ 700.00