COLLECTIVE BARGAINING AGREEMENT
BOARD OF EDUCATION OF NORTH CALDWELL
NORTH CALDWELL EDUCATION ASSOCIATION
Effective July 1, 2004 through June 30, 2007
TABLE OF CONTENTS
|Article I||Negotiation Procedure||3|
|Article II||Teacher & Association Rights||4|
|Article III||Work Year||5|
|Article IV||Teaching Hours|
|Article V||Teacher Employment||7|
|Article VII||Teacher Evaluation||10|
|Article VIII||Sick Leave|
Unused Sick Leave Reimbursement
|Article IX||Temporary Leave of Absence|
|Article X||Extended Leaves of Absence|
|Article XII||Transfers & Reassignments||17|
|Article XIII||Health Care Insurance|
Health Benefits Waiver
|Article XIV||Professional Development & Educational |
Summer Professional Development
|Article XV||Grievance Procedure||21|
|Article XVI||Miscellaneous Provisions||23|
|Article XVII||Duration of Agreement||24|
|Health benefits Waiver Form|
Health Benefits Q & A
|Schedule A||Extracurricular Activities||28|
|Schedule B ||Salary Guides||29|
THIS AGREEMENT is made and entered into this 29th day of July Two Thousand and Four (2004)
THE BOARD OF EDUCATION OF THE BOROUGH OF NORTH CALDWELL, ESSEX COUNTY, NEW JERSEY, hereinafter referred to as the "Board,"
THE NORTH CALDWELL EDUCATION ASSOCIATION – TEACHERS’ UNIT, hereinafter called the "Association."
WHEREAS, pursuant to the requirements of the New Jersey Employee Relations Act, N.J.S.A 34:13A-1 et seq., agreements reached between public employers and the majority representative of an appropriate employee unit shall be embodied in writing, signed by the authorized representative and filed with the New Jersey Employment Relations Commission; and
WHEREAS, the North Caldwell Board of Education has recognized the North Caldwell Education Association as being the majority representative of the Union of the Board's employees consisting of regularly employed teachers, nurses, librarians, learning disability teacher-consultants, speech therapists, social workers, school psychologists, guidance counselors, ATP (Academic Tutorial Program), and Computer Specialists, hereinafter referred to as "teachers."
NOW, THEREFORE, it is mutually agreed between the Board and the Association as follows:
ARTICLE I - NEGOTIATION PROCEDURE
A. The Parties agree, if requested by either Party, to enter into collective negotiations over a Successor Agreement, in accordance with N.J.S.A. 34:13A-1 et seq., in a good faith effort to reach an agreement of matters concerned with the terms and conditions of teachers' employment and grievance procedures for employees covered by this Agreement. Written proposals shall be exchanged at a mutually agreed date of the final school fiscal year in which this Agreement shall be in effect. Any agreement so negotiated shall apply to all teachers, be reduced to writing, and be signed by the Board and the Association.
B. Neither Party in negotiations shall control the selection of the negotiating representative of the other Party. The Parties mutually agree that their representatives shall be authorized to make proposals, consider proposals, and make counter-proposals in the course of negotiation. However, final authority to approve proposals shall rest with the Board and the Association.
C. During negotiations, the Board and the Association shall present relevant data, exchange points of view, and make proposals and counterproposals. Each party shall promptly make available to the other, upon request, information within its possession which is not privileged under law and which is relevant to the subject under discussion. Either party may, if it so desires, utilize the services of outside consultants and may call upon professional and lay representatives to assist in the negotiations.
D The Board agrees not to negotiate concerning employees in the negotiating unit as defined in the Recognition Article of this Agreement with any organization other than the Association for the duration of this Agreement.
ARTICLE II - TEACHER AND ASSOCIATION RIGHTS
A. Pursuant to N.J.S.A. 34:13A-1 et seq., the Board hereby agrees that those teachers who are covered under this Agreement shall have the right freely to organize, join and support the Association and its affiliates for the purpose of engaging in collective negotiations.
B. Nothing contained herein shall be construed to deny or restrict to any teacher such rights as he/she may have under New Jersey Laws or other applicable laws and regulations.
C. Whenever any teacher is required to appear before the Board, or any Committee of the Board concerning any matter which could adversely affect the continuation of that teacher in his/her office, position or employment, then that teacher shall be given prior written notice of the reasons for such meeting or interview and shall be entitled to have a representative of the Association present to advise and represent the teacher during such meeting or interview.
D. Whenever any representative of the Association or any teacher is requested by the Board or Administration to participate during working hours in negotiations, grievance proceedings, conferences, or meetings, the teacher shall suffer no loss of pay.
E. The Board shall provide the President of the Association a copy of any Board Policy change. The Board shall be responsible for providing such information to the Association President.
F. Representatives of the Association shall be permitted to transact official Association business on school property at all reasonable times, provided that this shall not interfere with or interrupt normal school operations.
G. The Association shall have in each worksite the exclusive use of a bulletin board in lounges, dining rooms, and other appropriate areas. The Association shall also be assigned adequate space on the bulletin Board in the district central office for Association notices.
H. The Association shall have the right to use the school mailboxes and the district’s internal mail delivery system.
I. The rights and privileges of the Association and its Representatives as set forth in this Agreement shall be granted only to the Association as the exclusive representative of the employees and to no other organizations.
J. The Board of Education will provide each new employee with a copy of the collective bargaining agreement upon signing an employment contract.
ARTICLE III - WORK YEAR
A. The in-school work year for teachers employed on a ten-month (10) basis, shall be 180 days. In addition, there shall be three (3) non-pupil days. One of these days shall be the day before the start of the pupil school year and one shall be the day after the end of the pupil school year. The third day shall be scheduled at the discretion of the Superintendent on a day within or contiguous to the pupil school calendar and not during a vacation period. New teachers may be required to attend two (2) additional days for orientation provided:
1. Days are scheduled immediately before commencement of the school year for orientation.
2. Are no longer than 7 hours in length
3. Scheduled during normal working hours
1. One in the fall
Two (2) additional In-Service days shall be scheduled:
2. One in spring
3. Not at closing of school
B. Teachers shall be given written notice of their grade, building, room number, and subject (for the succeeding school year) by June 1, of the preceding school year. Any modification of assignments which occurs after June 1, due to unforeseen situations, will be made known to affected personnel as soon as possible. A list of such assignment changes shall be simultaneously sent to the Association.
Compensation for classroom location change within the building shall be fifty dollars ($50.00). Compensation for classroom location change to another building shall be one hundred dollars ($100.00).
C. Two (2) days shall be allotted for attendance at the State Teachers Convention.
D. Establishment of the school calendar is the responsibility of the Board. Prior to adoption of the school calendar, consideration will be given to recommendations of the Association. Teachers are expected to meet their responsibilities to provide quality education for the pupils in the School District, including extra-curricular school sponsored projects.
E. Educational program development beyond contractual requirement by those teachers who are recommended for such work by the Superintendent and, when such work is commensurate with their regular employment contract responsibility, shall be paid at the following rate: $30.00/hr.
F. There shall be one (1) evening parent conference for all teachers during the fall semester, piggybacked onto the existing afternoon conference.
1. Teachers shall be responsible to schedule parent conferences.
2. Parent Conferences shall conclude by 7:30 p.m.
3. Teachers may leave when their conferences have been completed.
4. An administrator must be in the building until the conferences are completed.
5. All specialists must remain in the building at least until 3:30 during the afternoon parent conference session.
ARTICLE IV - TEACHING HOURS
A. The regular workday for certificated employees shall be seven (7) hours and five (5) minutes Monday through Friday, except the last working day before a holiday or a vacation period in which case the certificated staff employees may leave immediately following student dismissal provided they are not assigned bus duty unless there is some other compelling circumstance that requires their continued presence.
B. All full time teachers shall be required to report for duty at least ten (10) minutes before the opening of the pupils' school day, and they shall be permitted to leave twenty (20) minutes after the close of the pupils' school day. For delayed openings and adverse weather conditions, teachers will report for duty ten (10) minutes before the opening of the pupils' school day and shall be permitted to leave immediately after the dismissal of students unless there is some other compelling circumstance that requires their continued presence.
Exception: Teachers on bus duty would be expected to be on duty fifteen (15) minutes prior to the beginning of the student's day.
All part time teachers may be required to report ten (10) minutes before and/or stay twenty (20) minutes after their scheduled closing day/time.
C. Teachers shall have a daily, duty-free lunch period not to exceed fifty-five (55) minutes.
D. Teachers may be required to remain after the end of the pupil workday, without additional compensation, for the purpose of attending, but not limited to: general staff meetings, grade level meetings, departmental meetings, developmental team meetings, curriculum meetings, in-service/training workshops, district faculty meetings, and professional development (review) meetings.
1. Meetings/School Activities
a. All meetings shall be called by the Superintendent or his/her designee.
b. Forty-eight hours (48) advance written notice is required, whenever possible.
c. In no event shall there be more than four (4) such meetings in any one month and no more than one (1) per week.
d. Staff meetings shall be scheduled on Mondays and shall not be called on any day upon which teacher attendance is not required at school. In the event that school is closed on a Monday due to a scheduled holiday, a staff meeting may be scheduled for Tuesday.
e. Whenever practicable, agendas shall be distributed to the staff twenty-four (24) hours prior to the scheduled meeting. Teachers shall have the opportunity to suggest items for the agenda.
f. Staff meetings shall commence no later than ten (10) minutes after student dismissal and shall run no more than forty-five (45) minutes.
g. Teachers may be permitted to leave a staff meeting early or to be excused from a meeting, only with prior approval of the building principal, at his or her sole discretion.
h. In an emergency situation, meetings may be called as needed.
E. Whenever a teacher is assigned by an administrator to supervise his/her own students or the students of another teacher during his/her preparation time, the teacher shall be compensated at a rate of forty dollars ($40.00) per period, provided that the teacher has not been granted the contractually agreed 200 minutes of prep time within a full week.
Full time teachers shall be granted Preparation Time equal to 200 minutes per week. The Administration shall make a good faith effort to schedule one (1) preparation period per day within the existing resources of the district.
F. Lunch Supervision
1. The Board of Education will utilize lunchroom supervisors for each building from outside the bargaining unit.
a. Supervisors will be assigned to the lunchroom and the playground. On inclement weather days, students will be assigned among the supervisors to pre-assigned stations.
2. In the event that a Board of Education lunch supervisor is absent and the Board is unable to provide a substitute lunch supervisor, such supervision will be provided by certificated staff in the following manner:
a. The Board will solicit volunteers from the certificated staff and develop a roster of individuals who will serve as substitute lunch supervisors. A roster listing the volunteers shall be maintained by the Board, shall be posted, and updated as need be. Those individuals listed on the aforementioned roster shall be assigned substitute lunch supervision duties on a rotating basis.
b. In the event an insufficient number of substitute lunch supervisors is available, the Board shall fill the substitute lunch supervisor position through a building reverse seniority list on a rotating basis. A seniority list shall be maintained by the Board, shall be posted next to the volunteer roster, and updated as need be. First (1st) year teachers shall be exempt from the substitute lunch supervisor roster.
c. Certificate staff shall be paid at the rate of $27.50 per period for substitute lunch supervision.
ARTICLE V - TEACHER EMPLOYMENT
A. Upon initial employment, and at the discretion of the Board, full credit may be given on the Teacher Salary Schedule for previous full-time outside teaching experience in duly accredited schools. Consideration will be given for United States Military Service in accordance with federal and state statutes.
B. All new teaching staff employees of the Board are considered to be probationary for a maximum period of three (3) years.
C. Separation of non-tenured teaching staff employees may be enacted by a notice in writing sixty (60) days in advance of separation initiated by the employee or the Board. Resignation of tenured teaching staff may be initiated by such persons by a sixty (60) day notice in writing to the Board.
D. Non-tenured teachers shall be notified in writing of their contract status for the ensuing year no later than May 15.
ARTICLE VI - SALARIES
A. The salaries of all teachers covered by this Agreement are set forth in Schedule "A" which is attached hereto and made a part thereof.
B. Advancement on the guide is not automatic and is dependent upon a favorable supervisory evaluation and recommendation by the Superintendent. In order to be eligible for an increment for the following year, a teacher must be employed prior to February 1 of the preceding year.
A teacher under tenure, and not doing satisfactory work, shall be notified by March 31, in a conference with the Principal of the school building and subsequently by the Superintendent. If necessary, a final conference with the Board may be arranged. If the situation does not improve, a final conference shall be held to notify the teacher of the Board's intent.
C. Salary recognition for advanced study shall be granted as outlined in the salary guide. A transcript showing satisfactory completion of course credits on the graduate level beyond either the BA, BS, or MA must be presented to the Superintendent prior to the time contracts are offered. If advanced studies are not completed by that time, but are to be completed prior to the opening of the ensuing year, an Amendment to the contract will be executed to grant recognition of such studies. Presentation of a transcript of completed course work, however, must still be presented. All required documentation for salary recognition of advanced study must be presented to the Superintendent by February 1 for mid-year advancement and September 1 for September advancement.
D. 1. Any teacher enrolled in a graduate course at a NJ accredited college or university may be reimbursed at the current NJ State College Rate per credit. Teachers may seek reimbursement for up to twelve (12) credits from July 1 through June 30, with no more than six (6) during the school year. Advance approval of the Superintendent prior to the beginning of the first class is required. Teachers must successfully complete the course requirements with a minimum grade of "B" or its equivalent in order to receive credit and reimbursement.
Multi-Media courses shall be considered but must have prior approval of the Superintendent for credit and reimbursement.
2. The total amount available for tuition reimbursement in any one year shall be as follows:
3. Teacher Reimbursement:
a. The submission deadline for tuition reimbursement approval shall be January 31.
b. Teachers will be reimbursed on March 1 for summer and fall courses at the rate of 60% of reimbursement due.
c. Teachers shall be reimbursed by June 30 for spring courses at a rate of 60% of reimbursement due.
d. In the event that there are insufficient funds available for 100% reimbursement, total reimbursement for the year shall be pro-rated among all teachers who took courses throughout the year. The pro-rated calculation shall be as follows: the total amount of available funds divided by the total number of credits approved will determine the per credit reimbursement amount.
e. If there are funds available above the 60% reimbursement rate, the additional funds shall be pro-rated and paid to those from whom it was withheld no later than June 30.
f. Administration will provide to the Association a reconciliation of approved courses/credits in September for the summer semester, in December for the fall semester, and in February for the spring semester.
E. Salary checks shall be issued twice per month, normally on the fifteenth (15th) and last working day of the month.
F. Teachers shall receive their final paycheck upon completion of their work obligations on the last working day in June.
G. Dues Deductions
The Board agrees to deduct from the salaries of its employees dues for the North Caldwell Education Association, the Essex County Education Association, the New Jersey Education Association, and the National Education Association as said employees individually and voluntarily authorize the Board to deduct.
H. Representation Fee
1. Purpose of Fee - If an employee does not become a member of the Association during any membership year (i.e., September 1 to 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.
2. Amount of Fee/Notification - At the onset 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/fee-payers will be determined by an impartial arbitrator in accordance with the law and shall not exceed 85% of the Association’s regular membership dues.
3. Demand and Return System: the Association represents that it has established a demand and return system and that the Association has informed each employee in the unit who is not a member of the Association of the establishment of the demand and return system and his or her right to demand and receive a return of any part of the fee paid by the non-member for any of the reasons set forth in N.J.S.A. 34:13A-5.6(c).
4. Deduction and Transmission of Fee
a. Notification - On or about October 1 of each year, the Board will submit to the Association a list of all employees in the bargaining unit. On or about January 1st of each year, the Association shall provide the Board with the names of those employees who are required to pay the representation fee.
b. Payroll Deduction Schedule - The Board will deduct from the salaries of the employees referred to in Section H.1. the full amount of the yearly representation fee in equal installments beginning with the first paycheck in February.
c. Mechanics - Except as otherwise provided in this section, the mechanics for the transmission of such fees to the Association will, as nearly as possible, be the same as those used for the transmission of regular membership dues to the Association.
d. Changes - The Association will notify the Board in writing of any changes in the list provided for in Paragraph A above, and/or the amount of the representation fee, and such changes will be reflected in any deductions made more than thirty (30) days after the Board received said notice.
e. New Employees - On or about the last day of each month, 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, Social Security numbers, job titles, dates of employment, and places of assignment for all such employees. The Board will also notify the Association of any change in the status of an employee regarding transfer, leave of absence, return from leave, retirement, resignation, separation from employment, or death.
5. The Association shall indemnify and hold the employer harmless against any and all claims, demands, suits and other forms of liability, including liability for court expenses and reasonable attorney fees that may arise out of, or by reason of any action taken by the employer in conforming to this provision.
ARTICLE VII - TEACHER EVALUATION
A. Observation and evaluation reports written by the principal or other administrator are filed in the teacher's permanent record folder in the Central Office, after the teacher has been given a copy of the report and has affixed his/her signature to all copies to indicate he/she has reviewed the material in the report. Copies of all observation and evaluation reports are forwarded to the Superintendent.
B. Signing the report in no way indicates agreement with its contents. Teachers shall have the right to prepare comments in regard to observation and evaluation reports, which shall be submitted within fifteen (15) days. Said comments shall be attached to all copies of the report.
C. Prior to the granting of tenure, evaluations and conferences between the teacher and his/her Building Principal or other administrator will be held at least three (3) times a year.
D. Upon achieving tenure, an evaluation and a conference between the teacher and his/her Building Principal will be held at least once a year. In the absence of formal entries into the permanent record file, a tenured teacher may assume that his/her performance is fully satisfactory and he/she is eligible for any and all benefits dependent upon satisfactory performance.
E. Principals shall make every effort to apprise teachers of any complaints made to them regarding a teacher by any parent, or other adult, which do or may negatively/adversely influence the evaluation of a teacher. The Principal shall meet with the teacher to attempt to resolve the matter informally.
Any question or criticism by a supervisor, administrator, or Board member of an employee's performance/instructional methodology shall be made in confidence and not in the presence of students, parents, co-workers, or members of the public.
Any complaints made to an administrator by any parent, student, or other person which might adversely affect the teacher's employment shall be made known to the teacher by the administrator.
In each case, the administrator shall meet with the teacher to apprise him/her of the full nature of the complaint and an attempt shall be made to resolve the matter.
1. There shall be a standardized evaluation form that sets the criteria for teacher evaluation. Said form shall be developed by a committee consisting of teachers and administrators.
2. Every teacher shall have his/her observation conference no more than ten (10) work days after the observation and his/her observation report no more than five (5) work days after the conference.
G. Every effort shall be made by the appropriate Administrator to help the teacher if there is evidence of the need for such assistance. Evidence of unsatisfactory performance shall be brought to the teacher's attention and the teacher shall be given time for improvement.
H. Upon request, teachers may review the contents of their permanent record file and make copies of any part of it in the presence of appropriate Administrator or designee. Teachers seeking to review their file must make a prior appointment with the Superintendent's Office.
Nothing of a disciplinary nature shall be placed in a teacher's personnel folder unless he/she has been provided with a copy by the appropriate administrator. The teacher, upon request, shall have an opportunity to discuss said materials with the appropriate administrator.
ARTICLE VIII - SICK LEAVE
A. All full-time teachers employed by the Board shall be entitled to ten (10) sick leave days each year. Unused sick leave days shall be accumulated in accordance with New Jersey Statutes. Part-time teachers employed by the Board shall be entitled to sick leave days in proportion to their percentage of employment.
B. Additional sick leave may be granted above ten (10) days per year with specific Board approval in accordance with N.J.S.A. 18:30-6. In cases where individuals exceed accumulated sick leave, salary adjustments shall be determined by the Board on the individual merits or each case, such as:
1. No salary deduction
2. Deduction of substitute's salary
3. 1/200th of individual's salary for each 10-month employee
C. Teachers may be required to provide a doctor's certificate identifying the illness, the inability of the teacher to report for work, and the period of sick leave.
D. Teachers shall be given a written accounting of accumulated sick leave days by September 15.
E. Teachers who have worked full time or part time, or both, for the North Caldwell School District for fifteen (15) years or more and who have accumulated 100 or more days shall be paid for unused sick days upon retirement or resignation at the rate of $100.00 per day for the life of this agreement. Teachers will be reimbursed up to a maximum of 200 days.
Teachers who have worked full time or part time, or both, for the North Caldwell School District for fifteen (15) years or more and who have accumulated from 1 to 99 days shall be paid for unused sick days, upon retirement or resignation at the rate of $75.00 per day for the life of this agreement. Teachers will be reimbursed up to a maximum of 99 days.
F. Teachers shall receive payment for unused sick time in equal installments over no more than three years.
G. In the event that the employee dies while employed in the district, his/her estate shall be paid the unused sick leave reimbursement as though the employee had terminated his employment on the date of death.
H. In the event that the retiree deceases prior to receiving total reimbursement for unused sick leave, his/her estate shall be paid the remainder of the reimbursement for unused sick leave.
ARTICLE IX - TEMPORARY LEAVE OF ABSENCE
A. This clause shall cover brief absences not chargeable to sick leave or for professional reasons directly beneficial to the School System. The days for leave at full pay stated below shall be for each school year, and no unused days shall be accumulative for use in another year. Prior approval of the Superintendent is necessary.
B. Death in the Immediate Family - An allowance of up to five (5) days shall be granted. Immediate family shall be considered: father, mother, spouse, child, brother, sister, grandfather, grandmother, father-in-law, mother-in-law or any member of the immediate household.
C. Serious Illness in the Immediate Family - An allowance of up to two (2) days shall be granted. (Immediate family same as above.)
D. Death of Other Relative or Close Friend - An allowance of two (2) days shall be given.
E. Other Emergencies of a Personal Nature -
1. Personal days may not be taken before or after vacations or long weekends containing three or more work days, without prior approval of the Superintendent or his/her designee, at his or her sole discretion.
2. An allowance of up to three (3) days leave with prior approval of the Superintendent or his/her designee for any of the following reasons:
a. Recognition of a religious holiday
b. Court subpoena
c. Marriage of employee or marriage of an immediate family member
d. Personal business which cannot be handled outside of school hours
e. Any other emergency or urgent reason not included in (1) to (4) above, if approved by the Superintendent of Schools or his/her designee.
3. Part time teachers who work in excess of one-half (1/2) of a full schedule shall be entitled to two (2) personal emergency days per year. Part time teachers who work one-half (1/2) of a full schedule or less shall be entitled to one (1) personal emergency day per year.
4. Any unused personal days shall be converted to sick leave and shall accumulate as sick days.
F. For the protection of the employee and for proper payroll accounting and audit, every absence for a full day or more must be accounted for in writing and reported to the Superintendent of Schools on the appropriate forms.
G. The Superintendent or his/her designee may grant exceptions to this clause in special situations; however, such exception shall not be deemed past practice.
ARTICLE X - EXTENDED LEAVES OF ABSENCE
The Board of Education shall grant child-rearing leave without pay in accordance with the following procedure:
1. All initial applications for and applications for extensions or reductions of child-rearing leave shall be made in writing to the superintendent.
2. Any teacher intending to apply for child-rearing leave shall advise the Superintendent of the fact of her pregnancy and/or of her/his prospective plans for taking childrearing leave and the best estimate of when the child-rearing leave will commence and terminate. The teacher shall request child-rearing leave of the Superintendent in writing at least sixty (60) days prior to the date the leave is to commence.
3. The request for child-rearing leave shall specify the date when the teacher wishes the leave to commence and terminate.
4. Child-rearing leave shall be granted for a period of up to the end of the academic school year in which the child-rearing leave commenced and an additional year shall be granted upon request of a teacher under tenure or who has received a tenure year contract. A teacher on child-rearing leave shall notify the Board in writing of the intention to return to the district by March 15th of the school year preceding the school year in which the teacher wishes to return to the district. Failure by a tenured teacher to properly notify the Board shall be an indication that the employee does not plan to return for the following year.
5. Any teacher who has applied for and received child-rearing leave may reapply for permission to return to employment during any academic school year for which such leave was granted, and such leave may thereupon be terminated by the Board, at its sole discretion.
6. No teacher on child-rearing leave shall, on the basis of said leave, be denied the opportunity to substitute in the school district in the area of her/his certification or competence.
7. Time spent on child-rearing leave of absence shall not count towards salary guide placement experience, seniority, sick leave accumulation, etc.
8. A teacher receiving child-rearing leave shall not accept full-time employment in the teaching field. This provision shall cease to be operative at such time as the teacher shall have been denied her/his request under Paragraph 5.
9. Adoption - Any teacher adopting an infant may receive a leave similar to child-rearing leave which shall commence upon receiving a de facto custody of said child, or earlier if necessary to fulfill the requirements for the adoption.
10. Reemployment of non-tenured teachers shall be at the option of the Board in all cases, and the Board is not required to continue employment of a non-tenured pregnant teacher beyond the year in which the leave is taken. The child-rearing leave period shall not be counted for tenure purposes, however, the disability period before and after the maternity shall count towards tenure.
11. The Board shall not discriminate against any person in violation of N.J.S.A. 10:5-1 et seq., The Law Against Discrimination, nor in violation of the Constitution of the State of New Jersey and the United States.
B. MATERNITY DISABILITY
1. The Board shall grant sick leave for the period of actual disability associated with pregnancy and birth to pregnant teachers on the same terms and conditions governing leave of absences for illness or medical disability. The pregnant teacher will be entitled to her annual and accumulated sick leave, with pay, during the period of absence due to her actual disability, verified by physician's note.
2. Any pregnant teacher who does not elect to take a child-rearing leave may continue to perform her duties as long as physically able to do so and will be entitled to return to her duties when she is physically able.
3. The Board may require a teacher during her pregnancy to produce a certificate from her physician stating that she may continue working effectively at the duty to which a teacher is assigned.
4. No teacher shall be required to leave work because of pregnancy at any specific time prior to expected childbirth nor be prevented from returning to work after childbirth solely on the ground that there has not been a time lapse of specific duration between childbirth and the desired date of return. Certification from her physician that she is medically able to resume her duties must be presented to the Board.
5. Nothing stated herein is intended to restrict the right of the Board to discipline any pregnant teacher for any cause not related solely to her pregnancy.
6. The Board has the right to remove any pregnant teacher from her daily duties on any one of the following criteria:
a. Her teaching performance substantially declines from the period preceding pregnancy.
b. Her physical condition or capacity renders her incapable of performing her assigned duties which shall be deemed to exist if the pregnant teacher fails to produce a physician's certificate that she is medically able to continue/teaching.
C. MILITARY LEAVE:
Military leave without pay shall be granted to any teacher who is inducted or enlists in any branch of the Armed Forces of the United States in accordance with the Statutes.
In accordance with N.J.S.A 18A:29-11, a teacher, upon return from military leave, shall be placed on the salary schedule at the level which he/she would have achieved had he/she remained actively employed in the school system during the period of absence, except that no employee shall be credited with more than four (4) employment or adjustment increments.
D. SABBATICAL LEAVE:
A sabbatical leave may be granted to a teacher by the Board for study, including study in another area of specialization, or for travel which is of value to the School District, subject to the following conditions:
1. The teacher must have completed at least ten (10) years, exclusive of military service, in the North Caldwell School District.
2. The number of teachers on sabbatical leave at any one time shall be limited to one (1) per year. Leave shall be for a maximum of one (1) school year, commencing September 1, in the year for which the application is approved.
3. All sabbatical leaves shall require the recommendation of the Superintendent and the approval of the Board.
4. Requests for sabbatical leave must be submitted in writing to the Superintendent no later than November 1, and action must be taken no later than February 1, of the year preceding the school year for which the leave is requested. The Board reserves the right to grant exceptions.
5. A teacher on sabbatical leave for a full year shall be paid at fifty percent (50%) of his/her salary rate in effect at the time of commencement of leave. The salary paid shall be contingent upon continuation of the proper course of study with passing grades. Should the teacher on leave terminate his/her study at any time he/she must immediately notify the Board of this action and the salary arrangement will be terminated.
6. While on sabbatical leave, the teacher will retain seniority rights, teacher retirement rights, health insurance and pension benefits as if he/she were in regular employment.
7. The teacher shall submit a written report within one (1) month of return, along with a transcript of his/her credits if applicable.
8. A teacher granted a sabbatical leave must agree in writing to continue working in the School System for two (2) years following return or will reimburse the school system the total salary and health benefits paid during the period in which the sabbatical leave was taken, unless injury or disability occurs which prevents the employee from returning to work.
Disability must be documented by the employee, although the Board shall have the right to obtain its own assessment of disability at its own expense.
In case the employee becomes deceased, the estate has no obligation under this provision.
9. Study must be a full time program for one (1) year without compensation from the institution being attended. It may not include an arrangement whereby the student is paid and therefore would not be able to fulfill a full time status as a student.
E. OTHER LEAVES:
Other leaves of absence without pay may be granted by the Board for good reason, for example, to care for a sick member of the teacher's immediate family.
1. Upon return from sabbatical leave, a teacher shall be placed on the salary schedule at the level which he/she would have achieved had he/she remained actively employed in the School System during the period of absence.
2. Time spent on leave(s) shall not count toward the fulfillment of the time required for acquiring tenure.
3. A teacher shall not receive increment credit for time spent on leave granted pursuant to Paragraph A - Child Rearing, or Paragraph E - Other Leaves, of this Article.
4. All contractual benefits to which a teacher was entitled at the time of his/her leave of absence commenced, including unused accumulated sick leave and credits toward sabbatical eligibility, shall be restored to him/her upon his/her return.
5. All extension or renewals of leave shall be applied for in writing.
G. The Board shall grant leaves in accordance with the State and Federal Family Leave Acts.
ARTICLE XI - PROMOTIONS
A. Promotional positions are positions paying a salary differential but excluding extracurricular activities and positions for which a stipend is paid and/or positions on the administrative-supervisory levels of responsibilities. All vacancies in promotional positions shall be adequately publicized by the Superintendent in accordance with the following procedures:
1. When school is in session, a notice shall be posted in each school as far in advance as practical, but at least fifteen (15) days before the final date when applications must be submitted.
2. A copy of said notice shall be given to the Association President at the beginning of posting.
3. All applications shall be submitted in writing to the Superintendent within the time limit specified in the notice.
4. A new application shall be submitted by an interested teacher whenever a promotion becomes available.
5. The Superintendent shall advise all employees individually by regular mail of any available promotional positions during the summer. Teachers shall submit summer addresses (if different) to the Superintendent's office prior to June 30th.
B. The Superintendent shall advise all employees individually by regular mail of any instructional or stipend positions during the summer. Teachers shall submit summer addresses (if different) to the Superintendent's office prior to June 30th.
C. The Board agrees to review the professional background, attainments and other relevant factors of all applicants. Due consideration shall be given to qualified teachers already employed by the Board. The Board's decision in filling a promotional vacancy is not subject to the Grievance Procedure.
ARTICLE XII - TRANSFERS AND REASSIGNMENTS
A. No later than May 1st of each school year, the Superintendent shall post in all school buildings a list of the known vacancies which shall occur during the following school year.
B. Teachers who desire a change in grade and/or subject assignment or who desire transfer to another building may file a written statement of such desire with the Superintendent not later than May 15.
C. As soon as practical, but no later than June 1, the Superintendent shall notify all teachers who have been reassigned or transferred and the nature of such reassignment or transfer, in response to their written request.
D. A transferor reassignment shall be affected by a meeting between the teacher involved and the Principal. In the event that a teacher objects to the transfer or reassignment at this meeting, upon the request of the teacher, a meeting with the Superintendent shall take place. The teacher may, at his/her option, have an Association representative present at such meeting. The Board's decision in matters of assignment is not subject to the Grievance Procedure.
ARTICLE XIII - HEALTH CARE INSURANCE
The Board shall provide the health care insurance protection designated below:
A. HEALTH CARE INSURANCE:
1. The health benefits carrier, STATE HEALTH BENEFITS PLANS or its equivalent, is available to all full time employees covered by this Agreement, their spouse and their dependents.
a. The Board shall pay 100% of the cost of individual coverage for all employees who choose to participate in the group plan.
b. The Board will further pay 100% of the additional premium of the appropriate family type coverage for those individuals who choose to enroll their dependent spouse and/or dependent children in the group plan.
c. The deductible for those employees currently enrolled in a traditional plan shall change from $100/$200 to $200/$400.
2. The individual employee shall be responsible for completing and filing application forms to insure confidentiality of the claim.
3. The Board shall provide each new employee with a description of the health care insurance coverage at the beginning of each school year. Whenever an agreement has been made to change the terms of coverage, all employees should receive at the beginning of the school year a description of the new coverage.
4. Retired employees, who have not deferred their retirement, under P.L. 1987 Chapter 386 may have the option of remaining in the STATE HEALTH BENEFITS PLAN or its equivalent on the terms detailed in the policies and agreed upon by the Board and the employee, but the expenses of the premiums are to be paid by the retired individuals.
5. Employees on extended leave may have the option of remaining in the STATE HEALTH BENEFITS PLANS or its equivalent but the expenses of the premiums are to be paid by the individual on leave.
B. PRESCRIPTION DRUG INSURANCE:
The Board will pay 100% of the cost of individual coverage for all teachers who choose to participate in the Medco Guardian Health Prescription Drug Plan. Additionally, the Board will pay 100% of the cost of family coverage for all teachers who choose to participate in the Medco Guardian Health Prescription Drug Plan or its equivalent.
Prescription Co. Pay - $20.00 for brand and $10.00 for generic with a $20.00 for brand and $10.00 for generic for mail-order
C. DENTAL PLAN:
Board pays 100% of costs for employees only.
D. Teachers who separate from the District for any other purpose shall be entitled to maintain benefits at his/her own expense in accordance with the terms of the Consolidated Omnibus Budget Reconciliation Act.
E. HEALTH BENEFITS "OPT OUT"
An employee who has health benefit coverage through a spouse or from another source and who can demonstrate same to the Business Administrator, may elect to forego all or a portion of his/her health benefit coverage for a full school year and receive a cash payment of twenty-five percent (25%) of the premium savings to the Board of Education on June 30th of the school year. Said payment will not be considered salary, nor will it be considered pensionable. The Board shall establish an IRS Section 125 plan. The individual unit member shall be responsible for any tax liability. The employee shall complete the forms by which an employee shall waive coverage and apply for payment. (See attached Waiver of Health Benefits form)
An employee who has waived all or a portion of his/her health benefit coverage will be allowed to restore such coverage on an immediate basis, without the necessity of a health questionnaire for the employee or his/her family members, in the event of a hardship or change of life event.
Reentry into all health benefit coverage for reason of hardship or change of life applies only in the following situations which result in the loss of health benefits coverage through the employee's spouse or other source:
Termination of employment (proof of termination of benefits required)
Legal Separation (a copy of decree is required)
Group contact/policy terminated (proof of termination of benefits required)
Disability of spouse which eliminates benefits (proof of termination of benefits required)
Divorce (a copy of the decree is required)
Death of Spouse (a copy of death certificate is required)
In addition, any employee who has waived all his/her health benefit coverage may automatically restore his/her coverage by applying during the open enrollment period during any school year. The reinstatement date under such conditions will be April 1. It will not be necessary for any employee or his/her family members to complete a Statement of Health (proof of insurability) to restore coverage during the open enrollment period.
Military Discharge (a copy of DD214 is required)
ARTICLE XIV - PROFESSIONAL DEVELOPMENT
AND EDUCATIONAL IMPROVEMENT
The Board encourages professional growth by all staff members. In accordance with N.J.A.C. 6:11-13, the Association and the Board pledge to cooperate through the local district professional development committee in forming the district professional development program in accordance with the standards established by the State Professional Teaching Standards Board and Commissioner of Education.
A. IN-SERVICE COURSES:
1. It shall be the responsibility of the Superintendent, with the assistance of the Instructional Advisory Council, to recommend in-service courses to the Board.
2. A summary of each Board-sponsored in-service course and a statement of salary Instructional Advisory Council, to recommend in-service courses to the Board.
3. A summary of each Board-sponsored in-service course and a statement of salary guide credit to be awarded shall be submitted to the staff by the Superintendent
B. In-Service Credits for Placement on the Salary Guide
In-service credits are defined as credits gained toward advancement on the salary guide through the participation in professional courses or professional workshops which are not ordinarily recognized by a college or university for graduate credit. In-service credits will be granted to teachers covered within this agreement only after the following criteria have been met:
1. It is the responsibility of the teacher to submit, in writing, at least fifteen (15) teacher work days before the respective in-service course is offered, a written request, along with a summary of course overview provided by the sponsoring agency, to the Superintendent of Schools for approval/disapproval.
2. The Superintendent's determination of in-service credit shall be based on the following:
a. the course must be related to the staff member's assignment
b. the number of hours of actual class instruction for each in-service credit hour earned using a ratio of 15:1 (no less than a 7.5 hour course will be eligible for 1/2 credit)
c. a teacher may take a course only once for in-service credit
d. the fact that a course was approved for salary guide credit prior to the adoption of this provision shall not be a precedent for such credit if it does not meet the criteria in this provision.
3. The teacher will be required, within fifteen (15) days following the last class/meeting of the in-service course, to submit to the Superintendent, in writing, a comprehensive summary of at least 400 words of the in-service course detailing the scope of the subject matter, the relevance to the teacher's assigned instructional duties, and specifically how children will benefit from the in-service course.
4. No teacher will be allowed credit for more than two (2) in-service credits in an academic year.
5. Application for advanced salary recognition must be made in writing to the Superintendent by February 1 for mid-year advancement and September 1 for September advancement.
6. A teacher may be exempt from participation in an in-service course upon receiving permission from the Superintendent. In-service courses during non-compensable time shall be voluntary.
7. Teachers shall have the opportunity to use professional days attend workshops with the approval of the Superintendent.
B. STAFF DEVELOPMENT WORKSHOPS:
1. It shall be the responsibility of the Superintendent in cooperation with the Association and the Instructional Advisory Council, to arrange staff workshops to meet the educational goals of the District.
2. Suggestions for workshops can be initiated by the Association and Instructional Advisory Council and the Administration.
C. SUMMER PROGRAMS FOR PROFESSIONAL DEVELOPMENT:
Courses/Workshops attended by teachers under A or B which are attended during compensable time or are paid for by the Board but not offered or sponsored by the Board are not eligible for in-service credit on the salary guide.
1. All mentors shall be tenured.
2. All mentoring opportunities shall be posted.
3. No one shall mentor during a year in which at leave of absence for the mentor is anticipated.
ARTICLE XV - GRIEVANCE PROCEDURE
1. A "grievance" shall mean a claim by a teacher or the Association concerning an interpretation, application or violation of this Agreement, policies or Administrative decisions affecting teachers' terms and conditions of employment.
2. A grievance to be considered under this procedure must be initiated within thirty (30) calendar days from the date the alleged improper action first occurred.
3. Nothing herein contained shall be construed as limiting the right of any teacher having a grievance to discuss the matter informally with an appropriate member of the Administration, and having the grievance adjusted without the intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement.
Any teacher with a grievance shall submit it in writing to his/her principal (or immediate supervisor) either directly or through the Association's designated representative in an attempt to resolve the matter at this level. The Principal shall have ten (10) teacher working days to reach a decision and to communicate it in writing to the grievant and to the Association.
If the grievance is not satisfactorily adjusted under the provisions of Level One above, the teacher may appeal the grievance by submitting it in writing, within ten (10) teacher working days after the decision at Level One above, to the Superintendent of Schools. The Superintendent of Schools shall have ten (10) working days to reach a decision and to communicate it in writing to the grievant and to the Association.
If the grievance is not satisfactorily adjusted under the provisions of Level One and Two above, the teacher may appeal the grievance, within ten (10) working days after the decision at Level Two above, by requesting a review of the Board of Education. Such request -shall be made in writing through the Superintendent of Schools, who shall attach all related documents and forward the request to the Board. The Board shall have thirty (30) days to reach a decision and to communicate it in writing to the grievant and to the Association.
If the grievance is not resolved satisfactorily under the provisions outlined in Levels One through Three above, the grievance may be submitted to the New Jersey Public Employment Relations Commission for advisory arbitration.
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 maximum and every effort should be made to expedite the process. Failure to process a grievance to the next level of the procedure within the specified time limit shall be deemed as a waiver of further appeal.
2. 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.
3. All meetings under this procedure shall not be conducted in public and shall include only such parties in interest and their designated or selected representatives.
4. Time limits at any level of the procedure may be waived by mutual written consent. However, such waivers will set no precedents for future waivers of time limits.
ARTICLE XVI - MISCELLANEOUS PROVISIONS
A. If any provision of this Agreement or any application of this Agreement to any teacher or group of teachers is held to be contrary to law, then such provision or application shall not be deemed valid and subsisting, except to the extent permitted by law, but all other provision or application shall continue in full force and effect.
B. Any individual contract between the Board and an individual teacher, heretofore or hereafter executed, shall be subject to and consistent with terms and conditions of this Agreement. If an individual contract contains any language inconsistent with this Agreement, this Agreement, during its duration, shall be controlling.
C. The Board and the Association agree that there shall be no discrimination, and that all practices, procedures, and policies of the school system shall clearly exemplify that there is no discrimination in the hiring, training, assignment, promotion, transfer, or discipline of teachers or in the application of administration of this Agreement on the basis of race, creed, color, religion, national origin, sex; domicile, marital status, or family relations.
D. Copies of this Agreement shall be printed within thirty (30) days after the Agreement is signed and presented to all teachers now employed, hereafter employed, or considered for employment by the Board.
E. The Board, on its own behalf and on behalf of the electors of the District, hereby retains and reserves unto itself 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
G. Employees authorized to use their personal vehicles as part of their assigned duties shall be reimbursed at the prevailing IRS mileage rate upon submission of previously authorized vouchers. No employee of the District shall use any form of travel at the expense of the Board without expressed prior written approval of the Superintendent.
H. The Board shall make available in each building a telephone which may be used by teachers for private conversation. The telephone lines available for teachers will be toll restricted to the 201, 908, and 973 area codes.
ARTICLE XVII - DURATION OF AGREEMENT
THIS AGREEMENT shall take effect July 1, 2004 and shall continue in full force and effect without change until June 30, 2007, except in the case of any mutually agreed upon amendments hereto, which amendments shall be embodied in writing and signed by both Parties.
THIS AGREEMENT incorporates the entire understanding of the Parties on all matters which were or could have been the subject of negotiation, and during the terms of the Agreement neither Party shall be required to renegotiate with respect to said matters for the period covered herein.
IN WITNESS WHEREOF, the Parties hereto have caused this AGREEMENT to be executed by their duly authorized officers of the date and year aforesaid.
FOR THE NORTH CALDWELL BOARD OF EDUCATION
FOR THE NORTH CALDWELL EDUCATION ASSOCIATION
CO-PRESIDENT CO-PRESIDENT DATE
|WAIVER OF HEALTH BENEFITS|
Employee's Name: _____________________________________________________________________
I hereby certify that I am waiving my health benefits coverage under: [check appropriate level and coverage]
_____ single _____ husband/wife _____ the district's medical benefit plan
_____ family _____ parent/child _____ the district's dental coverage
_____ the district's prescription coverage
This waiver is in effect for the one (1) year period July 1, _______ through June 30, _____.
In return, the Board has agreed to reimburse me at the stated contractual amount [see Article XIII, Section E], payable on June 30th of the next academic year and subject to all appropriate deductions. This payment is not to be considered a salary payment and, as such, is not pensionable. I understand that I am responsible for any additional tax liabilities on this money.
I further certify that I understand and agree that my waiver of the foregoing benefits is of my own volition and is not based upon any representations by either the North Caldwell Board of Education or the North Caldwell Education Association other than the monetary reimbursement. I agree to hold both the Board and the Association harmless with regard to any adverse results of my voluntary and informed waiver of the foregoing benefits.
I understand that I may revoke this waiver prior to the expiration date shown above only under the following hardship circumstances and subject to the terms of the agreement:
Termination of employment of person with benefits (proof of termination of benefits required)
Legal Separation (copy of decree required)
Group contract/policy terminated of person with benefits (proof of termination required)
Disability of spouse which eliminates benefits (proof of termination of benefits required)
Divorce (copy of decree required)
Death of Spouse (copy of death certificate required)
Military Discharge (copy of DD214 required)
Should I revoke the foregoing waiver based upon one of the foregoing reasons, I understand that the reimbursement to which I am entitled shall be pro-rated based upon the period of time I am not covered by the district's benefit plans.
I further understand that I may restore the benefits for which I am eligible during the next open enrollment period. Such benefits would commence on July 1st of the next academic year.
Board Secretary/Business Administrator
Business Administrator verification of other health benefit coverage:
B.A Initials: ___________________
[Two (2) original copies of this waiver shall be signed. The employee shall keep one and the other shall be placed in the employee's personnel file. The opt-out form shall be re-submitted during the annual open enrollment period should the employee seek to remain out of the plan(s). Failure to file during the open enrollment period will result in re-enrollment in the plan(s) effective July 1st of the next plan year.]
INCENTIVE PLAN CONCEPTS
1. Which employees are eligible for this incentive? Employees who are eligible to receive any enrollment level above single for any of the insurances under Article 20, A., B. and/or C.
2. Is the Incentive Plan voluntary? Yes. No employee must participate if she or he chooses not to do so.
3. What is the purpose of the Plan? The purpose of the plan is to encourage eligible employees to waive unnecessary duplicate family coverage.
4. What is the "Incentive" portion of the Plan? Employees who are eligible for any enrollment and who waive all coverage for any of the three types of insurance for a full calendar year shall receive the percentage set forth in Article XIII, E.
5. May an employee waive only one type of insurance and not others? Yes.
6. May an employee who has no other health/hospitalization coverage waive the health/hospitalization coverage? No. Such a waiver will not be allowed. An employee waiving coverage under A. (health/hospitalization) must provide proof of alternative coverage or the waiver will not be allowed.
7. May an employee who has no other dental or prescription coverage waive any or all of those coverages? Yes.
8. If an employee waives coverage, may he/she re-enroll? Yes, but only at the open enrollment periods, subject to carrier rules. The only exception is that if a spouse's health/hospitalization coverage (Article 20, A.) is terminated during an insurance year, the employee may re-enroll immediately in the District's plan. If such re-enrollment occurs during the insurance year, no incentive payment will be made to the employee for that year.
9. What happens to the waiver payment if the employee re-enrolls on other than a January 1st? No incentive payment will be made for that insurance for that year.
10. If an employee waives coverage for an entire year, may he/she re-enter the plans on the next open enrollment date? Yes.
11. When do employees receive their incentive payment? The payment shall be made upon the close of the calendar year in which the waiver occurs.
12. How does an employee sign up for this Plan? Each potentially eligible employee will receive a form from the administration. It will contain a final return date and waiver of coverage, and will specify the incentive payment which will be received.
13. Are there any other matters which the parties must attend to with respect to this issue? Yes. In order, to protect all employees from Federal and State taxation of existing benefits if this plan is in effect, the District is setting up a Section 125 account. Note that employees who receive such a waiver incentive are subject to normal Federal and State withholding on such payment.
SCHEDULE A - EXTRA-CURRICULAR ACTIVITIES
3rd Grade Parent Orientation $30.00/hr/teacher
Camp Participants $700
Yearbook Advisor $675
NOTE: All other extra-curricular activities will be compensated in accordance with Article VII, Section 1.
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SCHEDULE B - Salary Guides 2004-05
SCHEDULE B - Salary Guides 2005-06
SCHEDULE B - Salary Guides 2006-07