Temporary help (who work less than 90 days and/or are not required to become members of PERS).

A "grievance" is a claim by a secretary or the Association based upon the interpretation, application, or violation of this Agreement, policies or administrative decisions affecting a secretary or a group of secretaries.

An "aggrieved person" is the person or persons or the Association making the claim.

1. The purpose of this procedure is to secure at the lowest possible level, a resolution to the problems which may from time to time arise, affecting the terms and conditions of employment of secretaries. Both parties agree that these proceedings will be kept informal and confidential. It is understood by both parties that this procedure is not an instrument for negotiating changes in this Agreement or in policies.

a. The number of days indicated at each level shall 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.

b. Failure at any step of this procedure to communicate the decision on a grievance within the specified time limits shall be deemed a denial of the grievance and shall permit the aggrieved to proceed to the next step. Failure to initiate a grievance or failure to appeal a grievance decision to the next step within the specified time limits shall be deemed to be acceptance of the decision rendered and a waiver of the right to proceed to the next step of the grievance procedure.

1. Year end Grievances
   In the event a grievance is filed at such time that it cannot be processed through all the steps in this grievance procedure by the end of the school year, and, if left unresolved until the beginning of the following school year, could result in irreparable harm to a party in interest, the time limits set forth herein shall be reduced so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicable.

a. A secretary with a grievance shall, within thirty (30) working days of the date of occurrence of the event giving rise to the grievance, or the date he/she obtained knowledge or could reasonably have obtained knowledge of the occurrence, present the grievance in writing and discuss it with his/her immediate supervisor.

b. If the secretary is not satisfied with the disposition of his/her grievance at Level one (a), or if no decision has been rendered within ten (10) working days after the presentation of the grievance, and the secretary and his/her immediate superior are under the authority of a building principal, he/she may file the grievance in writing with the principal and with the Association within five (5) working days after the decision at Level one (1), or ten (10) working days after the grievance was presented, whichever is sooner.

If the Association and/or the secretary is not satisfied with the disposition of his/her grievance at Level one, or if no decision has been rendered within ten (10) working days after the presentation of the grievance, the Association may file the grievance in writing with the Superintendent and with the Association within five (5) working days after the decision at Level one or ten (10) working days after the grievance was presented, whichever is sooner.

If the Association and/or the secretary is not satisfied with the disposition of his/her grievance at Level two, or if no decision has been rendered within ten (10) working days after the grievance was presented to the Superintendent, the Association may, within five (5) days after a decision by the Superintendent or fifteen (15) working days after the grievance was presented to the Superintendent, whichever is sooner, request a hearing at the Board level.

a. If a grievance concerns interpretation, application or violation of the Agreement and if the Association and/or the secretary is not satisfied with the disposition of his/her grievance at Level three, or if
no decision has been rendered within twenty (20) working days after the grievance was delivered to the Board, the Association, if it determines that the grievance is meritorious by decision of its grievance committee may, within five (5) working days after a decision by the Board or twenty-five (25) working days after the grievance was delivered to the Board, whichever is sooner, submit the grievance to arbitration.

b. Within ten (10) working days after such written notice of submission to arbitration, the Board and the Association shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, a request for a list of arbitrators may be made to the American Arbitration Association or the Public Employee Relations Commission by either party. The parties shall then be bound by the rules and procedures of the American Arbitration Association or the Public Employees Relation Commission in the selection of an arbitrator.

c. The arbitrator so selected shall confer with the representatives of the Board and the Association and hold hearings promptly and shall issue his/her decision not later than twenty (20) days from the date of the close of the hearings, or, if oral hearings have been waived, then from the date the final statements and proofs on the issues are submitted to him/her. The arbitrator's decision shall be in writing and shall set forth his/her findings of fact, reasoning and conclusions on the issues submitted. The arbitrator shall be without power or authority to make any decision, which requires the commission of an act prohibited by law or which is violative of the terms of this Agreement. The award of the arbitrator shall be binding on the parties for grievances concerning the express terms of this Agreement only and advisory for all other grievances.

d. In the event that arbitrability of a grievance is at issue between the parties, jurisdiction to resolve the issue shall rest solely with the arbitrator selected in accordance with the provisions of Section C (6) (b) of this Article.

e. The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses and the cost of the hearing room shall be borne equally by the Board and the Association. Any other expenses incurred shall be paid by the party incurring same.

1. An aggrieved person may present his/her written grievance and process it through the various steps of the grievance procedure by himself/herself, or at his/her option, through a representative of the Association. Where an aggrieved person is not represented by the Association, a representative of the Association shall have the right to be present at every step of the grievance procedure to present the views of the Association.

If, in the judgment of the Association, a grievance affects a group or class of secretaries, the Association may submit such grievance in writing to the Superintendent directly and the processing of such grievance shall be commenced at Level two.

Written Decisions
All decisions shall be in writing and shall be transmitted promptly to all parties and to the Association.

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.

All meetings and hearings under this procedure shall be conducted in private and shall include only the aggrieved persons, their selected representatives and the representatives of the Association.

The Board undertakes and agrees that they shall not directly or indirectly discourage or deprive or coerce any secretary in the enjoyment of any rights conferred by Chapter 123, Public Laws 1974, or other laws of New Jersey or the Constitutions of New Jersey and the United States.

Nothing contained herein shall be construed to deny or restrict to any secretary such rights as he/she may have under New Jersey School Laws or other applicable laws and regulations.

1. Required Meetings or Hearings
   Whenever any secretary is required to appear before the Board or any committee thereof concerning any matter which could adversely affect the continuation of that secretary in his/her office, position of employment or the salary or any increments pertaining thereto, then he/she shall be given prior written notice of the reasons for such meetings or interview and shall be entitled to have a representative of the Association present to advise him/her and represent him/her during such meeting or interview.

No secretary shall be prevented from wearing pins or other identification of membership in the Association or its affiliates.

During the first four months of employment, a secretary will be considered a probationary employee and may be discharged without just cause. Probationary employees will receive a written evaluation in two months and another just prior to the completion of the probationary period. Matters of discipline, involving probationary employees, will be subject to binding arbitration in accordance with law, but in no case will the arbitrator have the authority to make a probationary employee a regular secretary.

1. Job Descriptions
   Secretaries have the right to current job descriptions in order to clarify the duties of their present positions. The Office of Human Resources will distribute a template to all secretaries to be used in the preparation of a list of their job duties. The secretaries will prepare the list of job duties and the list will be reviewed and signed by the secretary’s supervisor. The list will be sent to the Office of Human Resources, reviewed by the Human Resources Specialist and then placed in the employment file of the secretary.

The Board agrees to furnish to the Association in response to reasonable requests from time to time all available public information.

The Association shall have the right to use school facilities and equipment at reasonable times when such equipment is not otherwise in use. The Association shall pay for the reasonable direct cost related to such use. The Association recognizes that this provision concerns Association business only.

The Association shall have the right to use the inter-school mail and e-mail facilities as it deems necessary.

The work year shall consist of 207.5 work days and shall extend from July 1 to June 30 with the exception of the first thirty (30) work days in July-August. In the event schools will close later than June 27, the parties agree to meet not later than April 1 to determine whether or not the final work day will be June 30 or later. If a later date is agreed upon, the date on which secretaries return to work shall be proportionately later. In the event that ten and one-half (10-1/2) month personnel shall be required to work in excess of 207.5 work days during the work year, said personnel shall be paid 1/200 of their contract salary for each additional day worked, or, alternatively, shall be allowed compensatory time off equal to the extra day(s) worked. The decision as to whether said personnel will receive compensatory time or extra pay will be made by the Superintendent of Schools with the recommendation of the immediate supervisor.

2. Twelve (12) month personnel:
The work year for secretaries employed on a twelve (12) month basis shall be July 1 to June 30, which shall include holidays and vacation time.

1. Secretaries employed on a twelve (12) month basis shall have fourteen and one-half (14-1/2) holidays which shall include one-half (1/2) day which is 4 ½ hours, prior to the Thanksgiving recess and at least two days during the Christmas recess between December 26 and December 31 inclusive, to occur at the beginning or the end of the work week. A half-day is defined as not more than four and one-half (4-1/2) consecutive hours. In addition to the foregoing, such secretaries shall have an additional "floating holiday," which may be utilized at the discretion of each secretary and with advance notification of at least five (5) working days.

2. Secretaries employed on a ten and one-half (10-1/2) month basis shall be entitled to all the twelve (12) month secretaries' holidays which fall during their work year, plus the Christmas, Mid-Winter and Spring recesses. Each secretary shall have an additional "floating holiday" which may be utilized in the discretion of each such secretary. The Superintendent shall
consult with the Association prior to making recommendations to the Board for the holiday calendar. Ten and one-half (10-1/2) month employees shall receive salary in lieu of additional floating holidays as follows:

Such payment shall be made by June 30th of each year.

Twelve (12) month employees shall be entitled to the following vacation with full salary:

At the end of June of the first work year - 1 day per full month of service
At the end of June of the first full work year through fourth work year - 12 days
At the end of June of the fifth through tenth work year - 18 days
At the end of June of the eleventh work year and thereafter - 24 days

When a tenured ten and one-half (10-1/2) month secretary changes to a twelve (12) month position as of July 1, said secretary shall be entitled to vacation time based on the number of years employed by the Westfield School District as listed above. Any ten and one-half (10-1/2) month secretary changing to a twelve month position during the school year shall have the difference of the vacation time prorated on the following schedule: August (11/12), September (10/12), October (9/12), November (8/12), December (7/12), January (6/12), February (5/12), March (4/12), April (3/12), May (2/12) and June (1/12).

For the purposes of this Section, "work year" shall be deemed to mean the period from July 1 through June 30 of the next year. The secretaries in the business office, superintendent's office, office of human resources, office of instruction, office of technology and special services' office may take vacations when school is in session.

Any 12-month Secretary wishing to take no more than ten (10) days vacation while school is in session, shall apply to his/her immediate supervisor in writing no later than thirty (30) days prior to desired date. The immediate supervisor must respond within five (5) workdays of the request. If the request is denied, a reason must be given in writing. A Secretary may appeal the denial in writing to the Superintendent, or his/her designee. The Superintendent will respond within five (5) workdays of receipt of the appeal.

Secretaries shall not report for work when school is closed because of inclement weather. Secretaries shall report for work as near to contractual time as possible when there is a delayed opening.

1. During the normal school year, the workday of all full-time secretaries on a 10 1/2 month basis shall begin at 8:00 a.m. and shall end at 4:00 p.m. unless agreed upon by the WAES

2. During the normal school year the workday of all full-time secretaries on a 12-month basis shall consist of not more than eight hours.

3. Secretaries employed on a part-time basis shall have a workday as mutually agreed to by themselves and their supervisor.

4. When school is not in session, the workday of all full-time secretaries shall begin at 8:00 a.m. and shall end at 3:00 p.m. with one hour off for lunch for a total of six working hours a day, except at the following times when the schedule shall be 8:00 a.m. to 4:00 p.m.

From the last day of school through June 30.

On the two staff in-service days listed on the school calendar.

The workday of all full-time secretaries shall include a one-hour duty-free lunch period.

Except in cases of emergency, all full-time secretaries shall be entitled to two 15-minute break periods, one in the morning and one in the afternoon.

Any time worked beyond that provided by Sections A, B, and C above shall be overtime, which shall be compensated at the regular rate up to and including 40 hours in any one work week and at one and one-half (1-1/2) regular time rates for work in excess of forty (40) hours. Secretaries may elect to take compensatory time off equal to the overtime worked. Compensatory time shall be scheduled when mutually convenient. Lunch periods shall not count toward computation for overtime.

The salary of each secretary covered by the Agreement is set forth in Schedules A, B and C which are attached hereto and made part hereof.

12-month secretaries will be paid in 24 semi-monthly installments beginning with the July 1 pay period.

10-1/2 month secretaries will be paid in 24 semi-monthly installments beginning with the August 16 pay period. The first payment at the new salary will be on August 31.

When a payday falls on or during a school holiday, school vacation or weekend, secretaries shall receive their paychecks on their last previous working day.

Secretaries who can demonstrate proficiency in Microsoft Word, Excel, Access and Outlook will be entitled to an additional $50 added to their base salary for proficiency in each software package up to a total of $200 per year to be paid monthly, but not reflected on the salary guide. All classes will be taken in affiliation with Union County College and secretaries must present evidence of successful completion. The incentive for computer use expires June 30, 2007. However, secretaries who have successfully demonstrated proficiency will continue to be paid the $50 per software package after June 30, 2007.

Any secretary who earns State Certification for their position, such as a Registered Purchasing Agent, with the prior approval of the superintendent, shall receive $500 per year to be paid monthly.

1. The immediate supervisor and/or the principal shall not forward any recommendation to withhold a secretary's increment through the Superintendent to the Board unless, at least ninety (90) calendar days prior thereto, and in no case later than April 1 of the preceding year in which such action would take effect, the immediate superior and/or principal has given to the secretary against whom the recommendation shall be made, written notice of the alleged cause(s) for the recommendation, specifying the nature thereof with such particulars as to furnish the secretary an opportunity to correct and overcome the same.

2. Once a recommendation is forwarded to the secretary and the Board, the secretary may within ten (10) working days file a grievance commencing at the Superintendent's Level. No action shall be taken on the recommendation until the grievance is heard according to the grievance procedure as set forth heretofore in Article III of this Agreement.

3. Any increment withheld under this provision shall be restored the following year unless the procedures set forth in this provision are followed once again, in which case the increment or increments previously withheld and any additional increments which may be due may be withheld.

The Superintendent of Schools has the sole responsibility for recommending secretarial reclassification to the Board of Education. Requests for reclassification may be made to the Superintendent by the WAES, individual secretaries or administrators.

During the length of this contract, an advisory committee comprised of two members of the WAES and the School Business Administrator shall meet after February 1 of each contract year, when requested by the Superintendent. This committee will be limited to reviewing classification requests submitted to it by the Superintendent. The committee's review will be advisory and not binding.

The Superintendent will provide to the WAES a list of all secretaries seeking reclassification prior to the first meeting of the advisory committee, which shall meet before April 15 with the School Business Administrator.

1. consideration of the job description

2. analysis of actual duties performed different from or more extensive than those listed in the job description

3. comparison of both (1) and (2) with other positions in the same classification and the requested classification

4. the recommendation of the supervisor to whom the secretary requesting reclassification reports

Requests for reclassification must be submitted by February 1 of the Contract preceding the Contract year in which the reclassification, if approved by the Board, would be effective.

If any of these requests are approved by the Board, the reclassification shall be effective on July 1 of that year.

Any secretarial position that has been reclassified after July 1, 1992 may not be reconsidered for reclassification for three years.

A secretarial position that has been denied reclassification will not be reconsidered for reclassification in the following year.

All secretarial vacancies and/or new secretarial positions arising within the system shall be posted to all present personnel before seeking outside candidates. Secretaries may receive the notification by email by subscribing to the “Employment Opportunities” page through the Office of Human Resources Web page. When the web page is updated subscribing secretaries will receive an e-mail notification. Secretaries who desire to apply for such vacancies shall submit their application in writing to the Office of Human Resources. Such posting shall include job title, description and/or list of responsibilities, skills required and salary classification.

In the determination of requests for voluntary reassignment and/or transfer, the wishes of the individual secretary shall be honored to the extent that the transfer does not conflict with the best interests of the school system.

An involuntary transfer or reassignment shall be made only after a meeting between the secretary involved and the supervisor at which time the secretary shall be notified of the reason thereof. In the event that a secretary objects to the transfer or reassignment at this meeting, upon the request of the secretary, the Superintendent or his/her designee shall meet with him/her. The secretary may, at his/her option, have an Association representative present at such meeting.

a. Sick leave is defined as an employee's absence from his/her post of duty because of his/her disability due to personal illness or injury.

1. Each employee shall be entitled to fifteen (15) days sick leave per year.

b. A full year's allowance shall go into effect July 1 of each year. A new employee who commences work after July 1 shall be entitled to a prorated share of sick days based on 15 sick days per year

c. When any employee uses in any year of the term of the Agreement less than the number of days permitted, days not utilized shall be cumulative to be available to be used for sick leave in subsequent years, except that no person shall be allowed to increase his/her total accumulation by more than fifteen (15) days in any one year.

d. Sick days actually used reduce the fifteen (15) days available for accumulation.

e. All days allotted for the current year shall be used before any accumulated sick leave used.

3. a. Attendance Bonus
An attendance bonus will be paid to any member of the Association who used two or less illness days in a school year (July 1 to June 30) as follows:
0 days $200
1 day $100
2 days $50

Each Secretary who leaves the Westfield Public Schools after twelve (12) or more years of service shall be entitled to payment for unused sick leave as follows:

1. If the resignation becomes effective as of June 30, the Secretary shall receive an amount equal to his/her number of unused accumulated sick leave days as per the following schedule:



2006-2007 2007-2008 2008-2009

$67 per day $69 per day $72 per day
$7,859 max $8,073 max $8,424 max

2. If the resignation becomes effective as of any other day, the Secretary shall receive an amount equal to his/her number of unused accumulated sick leave days as follows:

2006-2007 2007-2008 2008-2009
$33 per day $35 per day $38 per day
$3,366 max $3,570 max $3,876 max

If a Secretary with twelve (12) or more years of service in the Westfield Public Schools dies while employed by the district, his/her estate shall receive the monies provided under sub-section of Article X.D.

Secretaries may defer all or part of their payment to the January in the year following their retirement.

This is a one-time availability.

1. Absence without salary deduction or charge against sick leave may be authorized by the Superintendent as follows:

a. For absence occasioned because an employee is quarantined for the sickness of another.

2. Absence upon the specific approval of the Superintendent without salary deduction or charge against sick leave authorized as follows:

a. Up to six (6) days during each work year for the absence occasioned by death of a parent, husband, wife, son, daughter, brother, sister, mother-in-law, father-in-law or member of employee's immediate household.

b. Up to three (3) days during each work year for absence occasioned by death of each grandchild, son-in-law, daughter-in-law or grandparent.

c. Up to one (1) day during each work year for absence occasioned by death of each aunt, uncle, brother-in-law or sister-in-law or friend.

d. Up to an aggregate of four (4) days during each work year for absence occasioned by the serious illness of any one or more of the following: husband, wife, son, daughter, father, mother, brother, sister, grandparent, father-in-law, mother-in-law or immediate member of the employee's immediate household.

e. Absence without salary deduction or charge against sick leave may, in the discretion of the Superintendent and with his/her approval, be authorized by reasons of personal emergency other than the reasons set forth in Sections 1 and 2 above. A personal emergency is defined as an unavoidable situation involving absence during work hours, which cannot be avoided without substantial hardship.

3. Written application should be made through the Principal or Supervisor for approval of absence under this section, either in advance or within 48 hours after return to duty.

Substitutes
When a secretary is absent he/she shall notify the Substitute Call Service of his / her absence. The secretary shall have no further responsibility in acquiring a substitute if one is needed.

In the event that an employee is summoned for jury duty during the school year, the employee shall be required to file an application for a postponement. If the employee's application for postponement is denied, the Board shall pay his/her salary in full for the days absent for jury duty. Copy of Summons for Jury Duty, verifying date(s) of service, shall be forwarded to immediate supervisor.

1. Maternity leaves without pay shall be granted to pregnant secretaries upon request. Such request shall include the beginning date of the leave and shall specify the anticipated termination date of the leave.

2. The secretary shall begin her leave without pay on the date specified in her request, or, if her physical condition is in question, then her child rearing leave shall begin when she is no longer able to produce a certification from her physician that she is medically able to continue to perform her job duties.

3. The leave without pay shall terminate on the date specified in her request unless the secretary requests an extension whereupon the leave may, in the discretion of the Board, be extended for an additional specific period of time for reasons associated with the pregnancy, birth or for other related causes, if, at the termination of such a leave, the Board questions the secretary's physical condition or capacity to resume performing her former job duties, then the secretary shall produce a certification from her physician as to her capacity to resume her job duties.

4. The Board shall not be required to extend any maternity leave of absence of non-tenured secretaries beyond the end of the contract year in which the leave is obtained.

5. If there is any disagreement between the secretary's physician and the Board's physician over the physical condition of the secretary requesting maternity leave under the provisions of paragraphs 2 and 3 above, then the two physicians shall agree in good faith on a third impartial physician who shall examine the secretary and whose medical opinion shall be conclusive and binding on the issue of the secretary's medical capacity to continue to perform her job duties or to resume such job duties.

6. Any secretary adopting a child shall be entitled to a child rearing leave similar to that provided in paragraphs one, two, and three above, which leave shall commence upon the secretary's receiving de facto custody of said child, or earlier if necessary to fulfill the requirements for the adoption.

7. For any period of disability caused or contributed to by a secretary's pregnancy and/or childbirth, the secretary may elect to use her accumulated sick leave, if any, and shall receive, during any such period, full pay and benefits. The period of disability caused or contributed to by pregnancy and childbirth shall be deemed to commence one (1) month prior to the anticipated delivery date and terminate one (1) month after the actual delivery, or for such longer or shorter period that the secretary's physician certifies that she is unable to perform her job duties. In the event of any disagreement between the secretary's physician and the Board's physician as to the secretary's ability to continue or to resume her job duties, such disagreement shall be resolved pursuant to paragraph 5 above.

8. Effective July 1, 2000, the Board will only be required, at its expense, to provide to secretaries on Child Rearing Leave insurance benefits under Sections A, B, C, D and E of Article XII of this agreement for up to, but not more than, twelve (12) months following the commencement of such Child Rearing Leave, no matter when such Child Rearing Leave commenced. The Board shall not be responsible, at its expense, to provide secretaries insurance benefits during consecutive child rearing leaves of absence. This provision shall not pertain to any employees on Child Rearing Leave as of June 30, 2000.

A leave of absence without pay up to one (1) year shall be granted for the purpose of caring for a sick member of the secretary's immediate family. Additional leave may be granted at the discretion of the Board.

Secretaries who wish dependent family coverage for health, dental, major medical or prescription coverage may add each or all of these based on a shared cost provision with the Board of Education.

Annual Contribution to

2006-2007 $600
2007-2008 $600

Effective July 1, 2006 all new employees shall be placed automatically in the Point of Service Health Insurance Plan.

1. Point of Service Plan (POS)
   Secretaries may enroll in the Oxford Point of Service Plan, or designated insurance carrier, for single or family coverage. The full cost for all coverage (single or family) for Secretaries who select the Point of Service Plan (POS) shall
   be assumed by the Board of Education.
   

1. Dental Insurance
   The Board shall pay for all Secretaries, single or family coverage, the full premium for Delta Dental coverage, which will include the usual and customary rate for diagnostic and preventive services, and for the Delta Dental riders covering additional basic, periodontal services and prosthodontic services which aggregate coverage shall not be for more than $1500 per insured per year. There shall be a per child lifetime maximum of $1500 for orthodontic services.
   

The Secretary’s share of the cost of indemnity coverage will be deducted from the payroll on an equal basis throughout the contract year (24 pays).

The Board shall pay for all Secretaries, single or family coverage, the full premium for a prescription plan to be afforded by Benecard, which plan will provide for a co-pay of twenty five (25) dollars for non-generic prescriptions and a co-pay of ten (10) for generic prescriptions and a co-pay of five (5) dollars for mail order.

The Employee Assistance Program shall be available for all Secretaries on a shared-cost basis. The Board of Education will pay $13 for the year (July 1-June 30) and the Secretaries will pay $12. The Secretary's share will be a payroll deduction of $1 per month.

Any Secretary whose employment is terminated prior to June 30 and who is rehired by the Board of Education prior to July 1, shall be entitled to have the coveraged payments referred to in Sections A, B, C, D, and E above, as may be applicable as of the July 1 in question, extended to cover July and August.

The Board agrees to permit each Secretary, who has retired from the Westfield Public Schools under the provisions of the Public Employees Retirement System
and is entitled to receive pension payments thereunder, to continue his/her participation in the insurance programs which are the subject of this article and which are in effect as of the time of the Secretary’s retirement from the Westfield Public Schools.

In order for a Secretary to be so eligible to continue participation in said insurance programs after the Secretary’s retirement, the Secretary must have retired after fifteen (15) or more years of service in the Westfield Public Schools and must, within (30) days of retirement from the Westfield Public Schools, submit to the Board a request in writing for continued participation in said insurance programs.

Each retired Secretary who participates in the insurance programs which are the subject of this Article shall pay the cost for his/her participation, such payment to be made by semi-annual installments paid in advance. Eligibility for participation in said health insurance programs shall cease immediately upon the attainment by the retired Secretary of eligibility to participate in Medicare or upon the Secretary’s death.

Notwithstanding the provisions of Section A, B, C, D, and E, the Board and the Association agree that, in the event that the Board or the Association desires to replace the insurance described in any one or all Sections A, B, C, D, and/or E, the Board may do so upon the following conditions:

1. Under no circumstances may the insurance described in Sections A, B, C, D, and E be reduced in any way below the coverage provided for.

2. There shall be no break or discontinuance in insurance coverage under Sections A, B, C, D, and E.

3. Any other provider of the insurance described in Sections A, B, C, D, and E must provide insurance that is generally acceptable to hospitals (and to doctors, dentists and pharmacies, if applicable) in the area of Westfield, New Jersey.

4. Any other provider of the insurance described in Sections A, B, C, D, and E must have a reputation for making payments within a reasonable amount of time.

5. Either party shall have the right to reject the selection of a new insurance provider for any of the reasons set forth in Subsections 1 through 4 above. Such rejection, if it occurs, may be submitted to arbitration under the terms of Article III of this Agreement.

1. The Plan

Effective July 1, 2006, the district shall offer a voluntary health insurance waiver plan, or “opt-out” plan, provided that employees can demonstrate that they have alternative coverage for themselves and their dependents.


2. Payments Under the Plan

Employees who select the opt-out plan shall receive payments from the Board as follows:

POS Plan

Family:	$1,800	Parent/child:	$1,000
Husband/Wife	$1,500	Individual:	$ 700

Payments shall be made in semi-monthly installments for ten months (September through June).

3. Limitations on Plan Participation

The maximum number of employees who will be permitted to waive health insurance coverage may not exceed five (5%) per cent of all employees receiving benefits in any year. In the event that more than five (5%) per cent of insured employees seek to waive coverage, employees will be selected to participate in the waiver on a lottery basis.

4. Waiver Procedures

A waiver of health insurance form is available from the payroll office. This form shall be distributed to all employees by June 1 and returned to the Payroll Office no later than June 15.

Election for the waiver of health insurance shall be made on an annual basis, subject to the 5% limitation set forth above, and such waiver shall be for only one (1) year. Election is voluntary and is renewable on subsequent application. Employees not re-electing the waiver shall be automatically re-enrolled in the district’s health insurance plan upon completion of the necessary paperwork without penalty or restriction including but not limited to pre-existing conditions for themselves and eligible dependents. All employees shall have the option of considering the waiver each year of this agreement, subject to the terms of this provision.

5. Restoration of Benefits

During any time of the year in which the employee has elected to waive coverage, the employee shall be able to terminate the coverage waiver agreement and re-enroll in the district’s insurance plan under the following conditions:

a. Loss of spouse’s employment

b. Disability or death of spouse

c. Divorce or legal separation

d. Other life-altering event

Where applicable, domestic partner shall serve in place of spouse.

Re-enrollment shall be immediate without penalties or restrictions including, but not limited to, pre-existing conditions for the employee and eligible dependents. Enrollment shall be as if the waiver or coverage had not been elected.

Employees must notify the board in writing of their decision to terminate the coverage waiver and re-enroll in the district plan no later than thirty (30) days after the event causing such decision. Payment for the waiver in such instances shall be on a pro-rata basis.

6. Section 125 Plan

The Board has in place an IRC Section 125 plan for the purpose of implementing this provision.

The Board of Education through its collective bargaining agreement shall make health insurance available to its employees. The Business Administrator/Board Secretary shall act as the certifying agent in the administration of this program.

1. Domestic Partner Coverage

The Board of Education through its collective bargaining agreements shall make health insurance available to the domestic partners of employees. For the purpose of health insurance benefits, a Domestic Partner shall be defined as a person who:
a. .Shares the employee’s permanent residence; and

b. Has resided with the employee for no less than one (1) year; and

c. Is no less than eighteen (18) years of age; and

d. Is financially interdependent with the employee and has proven such interdependence by providing documentation of at least two (2) of the following ownerships:


Common ownership of real property or a common leasehold interest in such property; ownership of a motor vehicle; a joint bank account or a joint credit account; designation as a beneficiary for life insurance or retirement benefits or under your partner’s will; assignment of a durable power of attorney or health care power of attorney; or such other proof as is considered by the insurance carrier to be sufficient to establish financial interdependency under the circumstances of your particular case; and

e. Is not a blood relative any closer than would prohibit legal marriage; and

f. Has signed jointly a notarized Affidavit of Domestic Partnership.

In addition, the employee and the Domestic Partner will be considered to have met the terms of this definition as long as neither the employee nor the Domestic Partner:

Has signed an Affidavit of Domestic Partnership or declaration with any other person within twelve (12) months prior to designating each other as Domestic Partners hereunder; or
h. Is currently legally married to another person; or

i. Has any other Domestic Partner, spouse, or spouse equivalent.

2. The employee and the Domestic Partner must have registered as Domestic Partners as required by the State of New Jersey where applicable. Domestic Partners are eligible for health insurance membership only at open enrollment. An Affidavit of Domestic Partnership must be submitted to the Payroll Office at the time of application for health insurance benefits.

3. Definition of Family


Domestic Partner shall be treated the same as spouse in the definition of family for the purposes of the administration of sick leave, personal leave, extended leave, leaves of short duration and any other areas for which definition of family is a criteria.

1. The Board agrees to deduct from the salaries of its secretaries dues for the Westfield Association of Educational Secretaries, the Union County Education Association, the New Jersey Education Association and the National Education Association or any one or any combination of such Associations as said secretaries individually and voluntarily authorize the Board to deduct. Such deductions shall be made in compliance with Chapter 233, New Jersey Public Laws of 1969 (NJSA 52:14-15 9e) and under rules established by the State Department of Education. Said moneys together with current records of any corrections shall be transmitted to such person as may from time to time be designated by the Westfield Association of Educational Secretaries by the 15th of each month following the monthly pay period in which deductions were made. The person designated shall disburse such moneys to the appropriate association or associations.

2. Each of the associations named above shall certify to the Board, in writing, the current rate of its membership dues. Any association which shall change the rate of its membership dues shall give the Board written notice prior to the effective date of such change.

The Board agrees to deduct from the salary of any secretary and to forward such money as any secretary authorizes the Board to deduct and to transmit to:

County Educators Federal Credit Union
Tax-sheltered annuity plans that have been approved by the Board
Prudential Financial Educators Insurance Services, Inc.

Any secretary may have such deductions discontinued in accordance with the procedure of said agency.

The primary work areas of all secretaries shall be air-conditioned unless the physical make-up of the area makes air conditioning impractical.

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 part by this Agreement, said employee will be required to pay a representation fee to the Association for that membership year to offset the costs of services rendered by the Association as majority representative.

Prior to the beginning of each membership year, the Association will notify the Board in writing of the aggregate amount of the regular membership dues, initiation fees and assessments charged by the Association to each of its own members for that membership year. The representation fee to be paid by each non-member will be equal to eighty-five (85%) percent of said aggregate amount.

The Board agrees to deduct from the salary of any employee who is not a member of the Association for the current membership year the full amount of the representation fee referred to in Section B above and promptly will transmit the installments so deducted to the Association.

The Board agrees to deduct the representation fee in equal installments, as nearly as possible, from the paychecks paid to each employee during the remainder of the membership year in question. The deductions will begin after the Employee begins his or her employment in a bargaining unit position upon completion of the probationary period.

If an employee who is required to pay a representation fee terminates his or her employment with the Board before the Association has received the full amount of the representation fee to which it is entitled under this Article, the Board will deduct the unpaid portion of the fee from the last paycheck paid to said employee during the membership year in question and promptly forward same to the Association.

The Association shall develop a demand and return system consistent with Chapter 477, P.L. 1979.


Indemnification and Save Harmless Provision

The Association agrees to indemnify and hold the Board harmless against any liability which may arise by reason of any action taken by the Board in complying with the new provisions of this Article, provided that:

1. The Board gives the Association timely notice in writing of any claim, demand, suit or other form of liability in regard to which it will seek to implement this paragraph; and

1. If the Association so requests in writing, the Board will surrender to it full responsibility for the defense of such claim, demand, suit or other form of liability and will cooperate fully with the Association in gathering evidence, securing witnesses, and in all other aspects of said defense. The Board'’ attorney shall be provided copies of all documents presented in the dispute by all parties.

It is expressly understood that Paragraph 1 above will not apply to any claim, demand, suit or other form of liability which may arise as a result of any type of willful misconduct by the Board or the Board’s imperfect execution of the obligations imposed upon it by this Article.

This Agreement shall be effective as of July 1, 2006 and shall continue in effect until June 30, 2009. This Agreement shall not be extended orally, and it is expressly understood that it shall expire on the date indicated, unless it is extended in writing.

In witness hereof, the parties hereto have caused this Agreement to be signed by their respective presidents and attested by their respective secretaries, all on the day and year first above written.

YEAR ONE 2006-07 Westfield Secretaries
STEP	12-II	12-III	12-IV	12-V	12-VI	10.5-III	10.5-IV
4	26,591	27,689	31,709	32,543	34,083	23,203	26,661
5	26,891	28,424	32,611	33,480	35,084	23,752	27,353
6	27,191	28,740	32,974	33,857	35,411	24,387	28,054
7	27,491	29,068	33,351	34,250	35,751	25,047	28,783
8	27,791	29,410	33,741	34,660	36,104	25,733	29,541
9	28,091	29,764	34,148	35,085	36,473	26,447	30,327
P	28,360	30,590	34,831	35,711	37,024	26,809	31,243
O	29,213	31,247	35,776	36,525	37,877	27,835	31,863
N	30,131	32,001	36,598	37,417	38,762	28,436	32,632
M	31,116	32,823	37,844	38,440	39,650	29,186	33,413
L	32,495	33,741	39,256	41,290	42,540	29,874	34,236
K	33,810	34,660	40,793	42,144	43,394	30,609	35,067
J	34,398	35,974	41,093	42,669	44,189	31,601	36,134
I	35,069	36,898	41,619	43,325	44,340	32,469	36,417
H	35,120	37,681	42,274	44,019	44,638	33,324	36,990
G	37,415	39,995	43,064	46,271	47,796	34,993	37,681
F	37,867	40,455	44,434	46,739	48,053	35,364	38,882
E	37,168	40,610	44,508	46,921	48,315	35,532	39,125
D	38,600	40,962	45,014	47,367	49,234	36,039	39,650
C	38,993	42,274	45,425	47,789	49,759	37,812	40,246
A	39,200	46,704	48,402	50,828	51,328	40,965	41,595
B	47,600	50,602	52,982	55,483	58,884	44,638	46,351

A secretary new to the Westfield School District shall be placed on the initial step of the salary guide, except in those cases wherein the superintendent recommends a placement at a higher step, provided, however, that no new secretary in the district will be placed higher than Step 7. Upon request, the Association shall be supplied satisfactory proof that a new employee has equivalent experience to employees who are or could be on the same step of the salary guide.

A secretary new to the Westfield School District shall be placed on the initial step of the salary guide, except in those cases wherein the superintendent recommends a placement at a higher step, provided, however, that no new secretary in the district will be placed higher than Step 7. Upon request, the Association shall be supplied satisfactory proof that a new employee has equivalent experience to employees who are or could be on the same step of the salary guide.

YEAR THREE 2008-09 Westfield Secretaries

STEP12-II12-III12-IV12-V12-VI10.5-III10.5-IV

4 27,491 28,589 32,609 33,443 34,983 24,103 27,561

5 28,071 29,213 33,393 34,261 35,862 24,547 28,143

6 28,708 29,893 34,233 35,134 36,796 25,050 28,783

7 29,032 30,687 35,207 36,145 37,877 25,642 29,531

8 29,355 31,028 35,599 36,552 38,230 26,328 30,288

9 29,679 31,382 36,006 36,976 38,597 27,041 31,074

R 30,003 31,751 36,426 37,419 38,978 27,781 31,892

Q 30,327 32,133 36,866 37,878 39,376 28,553 32,741

P 30,617 33,025 37,604 38,554 39,971 28,943 33,730

O 31,538 33,734 38,624 39,432 40,892 30,050 34,399

N 32,530 34,548 39,511 40,396 41,848 30,699 35,230

M 33,593 35,436 40,857 41,500 42,806 31,509 36,073

L 35,081 36,426 42,381 44,577 45,926 32,252 36,962

K 36,502 37,419 44,040 45,499 46,848 33,046 37,858

J 37,136 38,837 44,364 46,066 47,706 34,117 39,011

I 37,860 39,835 44,932 46,774 47,869 35,053 39,316

H 37,915 40,680 45,640 47,523 48,191 35,977 39,935

G 40,394 43,179 46,492 49,954 51,601 37,778 40,680

F 40,882 43,675 47,971 50,459 51,878 38,180 41,977

E 40,127 43,843 48,051 50,656 52,161 38,361 42,239

D 41,672 44,223 48,597 51,137 53,154 38,908 42,806

C 42,097 45,640 49,041 51,593 53,720 40,822 43,450

A 42,386 50,499 52,335 54,958 57,004 44,294 44,975

B 51,389 54,630 57,200 59,900 63,571 48,191 50,041

Placement on the Guide

A secretary new to the Westfield School District shall be placed on the initial step of the salary guide, except in those cases wherein the superintendent recommends a placement at a higher step, provided, however, that no new secretary in the district will be placed higher than Step 7. Upon request, the Association shall be supplied satisfactory proof that a new employee has equivalent experience to employees who are or could be on the same step of the salary guide.