THIS AGREEMENT, entered into this 28th day of October, 2004, by and between the BOARD OF EDUCATION OF THE TOWNSHIP OF BRANCHBURG, hereinafter called the "BOARD" AND THE BRANCHBURG TOWNSHIP EDUCATION ASSOCIATION, hereinafter called the “ASSOCIATION.”

II. Agreement Coverage 4

III. Nondiscrimination Clause 4

IV. Association Rights 4

V. Evaluation Procedure and Personnel Files 6

VI. Promotions and Vacancies 7

VII. Conformity to Law 8

VIII. Miscellaneous Provisions 8

IX. Negotiations and Successor Agreement 8

X. Grievance Procedure 9

XI. Personal Leave 11

XII. Retirement/Death Benefit 12

XIII. Insurance 13

XIV. Modification and Duration 14

XV. Rights of the Board 15

ARTICLE I

RECOGNITION

A. The Board recognizes the Association as the sole and exclusive negotiating agent pursuant to N.J.S.A. 34:13A-1 et seq. for the following groups:
1. All non-supervisory, certificated personnel, such as, but not limited to, all Teachers, Guidance Counselors, Nurses, Speech Correctionists, Learning Disabilities Teacher-Consultants, Social Workers, and School Psychologist.
2. Certain non-certificated staff including,
a. Bus Drivers
b. Ten (10) and twelve (12) month full and part-time Secretaries and Clerks
c. Custodians
d. Library/Media Assistants and Instructional Aides
B. Positions excluded by law from this bargaining unit are the following positions:
1. Secretary to the Superintendent
2. Secretary to the Business Administrator
3. Payroll Secretary
C. Unless otherwise indicated, the term "Teachers" when used hereinafter in this agreement shall refer to all professional employees represented by the Association described in paragraph A.1. above.
D. Unless otherwise indicated, the term "Driver" when used hereinafter in this agreement shall refer to all employees represented by the Association described in paragraph A.2.a. above.
E. Unless otherwise indicated, the term "Secretaries/Clerks" when used hereinafter in this agreement shall refer to all employees represented by the Association described in paragraph A.2.b. above and not excluded by paragraph B. above.
F. Unless otherwise indicated, the term “Custodians” when used hereinafter in this agreement shall refer to all employees represented by the Association described in paragraph A.2.c. above.
G. Unless otherwise indicated, the term “Library/Media Assistants/ Instructional Aides” when used hereinafter in this agreement shall refer to all employees represented by the Association described in paragraph A.2.d. above.
H. All positions not specifically identified in Paragraph A. above or excluded in paragraph B above are currently not covered by this agreement.

ARTICLE II

AGREEMENT COVERAGE

A. The making of this Agreement shall not limit future negotiations and agreements between the parties to only those subject matters herein included and agreed upon, but such future negotiations and agreements subsequent to the expiration of this Agreement may include any such other subject matters as may hereafter be determined, either by statute or other legally effective regulations, judicial interpretations, or agreement between the parties, to be matters properly falling within the definition of the phrase "terms and conditions of employment" as used in the statute herein above referred to and, therefore, properly subject to such future negotiations and agreement between the parties.
B. This Agreement represents and incorporates the complete and final settlement by the parties of all issues which were or could have been the subject of negotiations. During the term of this Agreement, neither party will be required to negotiate with respect to any such matter, whether or not covered by this Agreement and whether or not within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement.
C. This Agreement has six distinct sections. The first section has common language that is applicable to all employee groups covered by this Agreement. Sections Two through Six provide specific information on Teachers, Secretaries/Clerks, Bus Drivers, Custodians, and Library/Media Assistants and Instructional Aides, respectively, as defined elsewhere in this Agreement.
D. If there is a direct conflict between any language in Section One and specific language in Section(s) Two, Three, Four, Five, or Six then the specific language of Section(s) Two, Three, Four, Five, or Six supersedes the language of Section One for that specific employee group.

ARTICLE III

NONDISCRIMINATION CLAUSE

A. The parties agree to follow a policy of nondiscrimination against any employee on the basis of race, color, creed, religion, age, national origin, sex, marital status or membership in, or lack of membership in, any employee organization.
B. The Board agrees that employee application forms and oral interview procedures shall omit any reference to the employee's membership in a teacher-employee organization.

ARTICLE IV

ASSOCIATION RIGHTS

A. USE OF SCHOOL FACILITIES
1. The Association shall have the exclusive use of a standard size bulletin board in each faculty lounge.
2. The Association shall have the right to place materials, such as literature or flyers, in bargaining unit members' mailboxes and shall have the use of the intra-school mail system for the distribution of such material. A copy of all such material shall be submitted to the building Principal at the time of distribution. The Association shall have a similar right to use the District’s e-mail system under these same terms.
3. The Association shall have the right to call meetings after school in each building while such building is open, without cost to the Association, provided such meetings do not conflict with other meetings previously scheduled and do not interfere with the operation of the school or school program. Reasonable advance notice will be given to the Principal to enable him/her to schedule the location of the meeting. Nothing herein is intended to prevent use of a vacant room by Association committees for meetings before the school day begins or during the school day, provided such use does not interfere with the operation of the school or school program.
4. The Association shall have the right to use duplicating and computer equipment for creating and reproducing items related to Association business upon reasonable advance notice to and approval by the building Principal or his/her designee.
a. This approval shall not be withheld unless such equipment as is desired is in use or about to be used for other authorized purposes.
b. Such Association use shall not interfere with normal school operations.
c. The Principal may elect to have office personnel run off such number of copies as the Association requests in lieu of allowing the Association to use the equipment.
d. A stand-alone computer shall be available for Association use in a faculty lounge in each school.
e. The Association agrees to use reasonable care in the use of such equipment.
f. The Association shall pay, if so requested, for the reasonable cost of all materials and supplies incidental to such use.
g. The provisions for use of this equipment do not extend to use of equipment in the Board offices.
h. The Association shall have the use of a fax machine.
5. Upon request of the Association, the Building Administrator or his/her designee will announce the time and place of Association meetings over the building's public address system at the usual time designated for making general announcements.
6. All Association officers, building representatives, committee chairpersons or their designees acting in any such capacity shall be permitted to have access to all school buildings at all reasonable times, provided that this shall not interfere with or interrupt normal school operations and provided that such representatives check in at the building Principal's office when entering the building.
7. Whenever any employee participates during working hours in negotiations or grievance proceedings by mutual agreement of the Board and the Association, such employee shall suffer no loss in pay.
B. RELEASE TIME FOR ASSOCIATION PRESIDENT
1. The President of the Association shall be granted up to two (2) days release time with pay per month for a total of no more than eight (8) days per school year, with prior notice to the building Principal, to conduct Association business. The Association President may permit some of these eight (8) days to be used by members of the Association Executive Committee, Negotiations Chair, or Grievance Chair, under the same conditions that apply to the President. However, in no case may these days be used by these other Association Officers in less than one-half day increments, not more than two individuals simultaneously, nor adjacent to personal leave days, vacations or weekends.
2. The President of the Association shall not be given lunchroom duty, and the resulting release time shall be used to conduct Association business.
C. PAYROLL DEDUCTIONS
1. The Board agrees to deduct from the salary of each employee from whom it holds a valid authorization to do so one-tenth of the required amount of fees for the payment of Association dues each month. Such fees, accompanied by a list of employees for whom such deductions are made, shall be forwarded to the Association Treasurer for the Local within five (5) days after the end of each month.
2. Dues deductions for Agency Shop shall be assessed against all nonmembers of the Association to the maximum percentage permitted by law, effective with the 1983-84 contract.
3. The Association shall indemnify and hold the Board harmless from any and all claims arising from this provision.
D. GENERAL PROVISIONS
1. Upon request, the Association Building Representative or other Association officers shall be allotted time at the end of the faculty or staff meetings for discussion of Association business.

The Board agrees to make available to the Association, upon request, any non-confidential information in its possession which is a matter of public record and which is pertinent to negotiations, which shall include but not be limited to a duplicate copy of the annual audit and the budget, which are submitted to the State Department of Education.

ARTICLE V

EVALUATION PROCEDURE AND PERSONNEL FILES

A. Evaluation Procedures
1. Any supervisor observing the work performance of an Employee for the purpose of the evaluation report shall do so openly and with the knowledge of the Employee.
2. Evaluations shall be signed by the Employee to signify that he/she has been given the opportunity to read the observation evaluation. Such signature shall not be construed to indicate agreement with or acceptance of the evaluation.
3. If an Employee is dissatisfied with an evaluation, he/she may make a written statement or response and have it permanently attached to the evaluation and made part of the file.
4. Any complaints regarding an Employee made to any member of the Administration by any parent, student, or other person, which are used in any manner in evaluating an Employee, shall be promptly investigated and called to the attention of the Employee. The Employee shall be given an opportunity to respond to and/or rebut any such complaints.
B. Personnel Files
1. No material derogatory to an Employee’s conduct, service, character, or personality shall be placed in such individual’s personnel file unless the Employee has had an opportunity to review the material.

The Employee shall acknowledge that he/she has had the opportunity to review such material by affixing his/her signature to the copy to be filed, with the express understanding that such a signature in no way indicates agreement with the contents thereof.

ARTICLE VI

PROMOTIONS AND VACANCIES

A. Known vacancies in positions in the unit shall be posted in each school building for at least ten (10) calendar days. In the event a vacancy occurs during the summer recess, notice of such vacancy shall be placed on the District website.
B. The notice posted with respect to supervisory position vacancies shall include the title of the positions, the procedure for application, the application deadline, and a brief description of the necessary qualifications.

C. Opportunity will be given to any employee to apply for and receive fair consideration for any position which becomes vacant, provided the employee meets the qualifications which the District prescribes for the position.

ARTICLE VII

CONFORMITY TO LAW

Should any provision hereto be held or determined by any court or agency having jurisdiction to be invalid or unenforceable, then same shall not invalidate the other provisions thereof that are severable from such provisions.

ARTICLE VIII

Miscellaneous PROVISIONS

A. General Salary and Compensation Issues
1. The Superintendent or his/her designee will transmit the annual proposed pay calendar to the Association and shall meet with appropriate Association employees, if so requested, to discuss and consider revision of the calendar before official adoption of the calendar by the Administration.
2. The Board will provide an electronic direct deposit option for those employees who elect to participate in such pay arrangement
3. The Board will petition its Bank for a free checking option for all Board employees.
4. In the event that a payday falls on a holiday, checks shall be distributed on the last working day prior to the vacation.
B. Employee Rights
1. The Board will produce copies of the negotiated agreement within two (2) weeks of the signing of the new contract. The contract will be color coded to designate the various job title sections. The Board will provide one copy to each employee, plus twenty extra copies for Association purposes. The cost is to be borne by the Board.

ARTICLE IX

NEGOTIATIONS AND SUCCESSOR AGREEMENT

The parties agree to commence negotiations in accordance with the requirements of N.J.S.A. 34:13A-5 et seq.

ARTICLE X

GRIEVANCE PROCEDURE

A. General Issues
1. A grievance shall be filed in writing within thirty (30) calendar days of the event complained of. If the grievant could not have reasonably known of the complaint, the initial time period shall commence from the point at which the grievant should reasonably have known.
2. Failure at any step of this procedure to communicate the decision on a grievance within the specified time limits shall permit the aggrieved to proceed to the next step. Failure by the grievant at any step of this procedure to appeal a grievance to the next step within the specified time limits shall be deemed to be acceptance of the decision rendered at that step.
3. Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as a maximum, and every effort should be made to expedite the process. The time limit specified at any step may be extended in any particular instance by mutual agreement between the Association and the Superintendent. Any such extension must be in writing.
4. In the event a grievance is filed with the Chairman of the Grievance Committee 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, would continue until the beginning of the following school year, then 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.
B. Definitions
1. A "Grievance" is a complaint that there has been as to the grievant a violation, misinterpretation, or misapplication of written Board policies or regulations involving terms and conditions of employment or of any provisions of this Agreement.
2. The term "Grievant" shall mean an individual staff member or a group of staff members having a common grievance, or the Association. However, the term "grievance" shall not apply to a complaint of a non tenured employee which arises by his/her not being re-employed.
C. Procedure - INFORMAL
1. An attempt shall be made to resolve any complaint by discussion between the grievant, Association representative, and appropriate supervisor or administrator before differences become formalized as grievances.
D. Procedure - FORMAL
1. Level One - Written Grievance
a. If the grievant is unable to resolve the grievance at the informal stage within five (5) school days after presentation of the grievance at the informal meeting, a grievance shall be presented in writing through or by the authorized Association representative to the building Principal.
b. The Principal shall, within five (5) school days after receipt of the grievance, meet with the grievant and authorized Association representative in an effort to adjust the matter.
c. The Principal shall make a decision and communicate it in writing to the grievant and authorized Association representative within five (5) school days after said meeting.
2. Level Two - Appeal to Superintendent
a. The decision of the building Principal may be appealed to the Superintendent within seven (7) school days after its receipt by the grievant and authorized Association representative.
b. The Superintendent shall, within seven (7) school days after receipt of the appeal, meet with the grievant and authorized Association representative in an effort to adjust the matter.
c. The Superintendent shall, within seven (7) school days after said meeting, make a decision and communicate it in writing to the grievant and authorized Association representative.
3. Level Three – Appeal to Board

a. If the grievance is not resolved to the grievant’s satisfaction, within seven (7) school days of receipt of the decision of the Superintendent, the Association may appeal the decision to the Board. The appeal must be in writing and shall contain the following information:

1. The specific contract provisions or policies that have been allegedly violated;

2. The name(s) of the grievant(s);

3. The nature and extent of the injury or loss; and

4. The precise remedy sought.


b. The Board, or at its option, a committee of the Board, shall hold a hearing within fifteen (15) school days of the receipt of the appeal. The Board’s decision, including reasons in writing, will be forwarded to all parties in interest within ten (10) school days of the hearing.

PERSONAL LEAVE

A. Paid personal leave may be granted with prior approval of the Superintendent, such leave not to exceed a total of four (4) days in any one school year. This leave shall be limited as follows:
1. Personal Leave with reason as listed below (LIMITED TO TWO [2] DAYS)
a. Court Subpoena (not involving the moral turpitude on the part of the employee; however, if the employee is not found guilty, appropriate reimbursements shall be provided by the Board).
b. Marriage of employee.
c. Business transactions which cannot be accommodated after school hours.
d. Religious observance.
2. Personal Leave without reason (LIMITED TO TWO [2] DAYS)
a. No stated purpose is required.
b. An absence in this category shall not be allowed on the first day of school, the day before or after any day designated as a holiday on the school calendar, or the last day of school.
3. All unused short term personal leave days up to the maximum of four (4) per year will convert to sick days.
4. No “without reason” days under paragraph A.2. may be taken adjacent to “with reason” days under paragraph A.1.
5. For critical illness in immediate family, which is defined as wife, husband, father, mother, son, daughter, or any other person residing in the household or directly dependent upon the employee for the major portion of his or her sustenance, a leave of up to five (5) days maximum may be taken.
6. For death in immediate family - five (5) days maximum without accumulations (grandfather, grandfather-in-law, grandmother, grandmother-in-law, husband, wife, child, mother, mother-in-law, father, father-in-law, brother, brother-in-law, sister, sister-in law, aunts and uncles, stepmother, stepfather, stepson and stepdaughter, or any other person residing in the household or directly dependent upon the employee for the major portion of his or her sustenance).
B. Unpaid Leave
1. The Board, in its discretion, may grant up to one (1) year personal leave without pay to tenured Teachers to attend to personal business or matters which require such leave in order to avoid hardship to the individual and/or disrupt basic family unity.
2. The Board, in its discretion, may grant up to one (1) year personal leave without pay to non-certified employees employed in the district more than five (5) years to attend to personal business or matters which require such leave in order to avoid hardships to the individual and/or disrupt basic family unity.
C. Professional Leave

A maximum of two (2) days leave with pay may be granted to Teachers for professional workshops, seminars, conferences, or visitation to other school programs, exclusive of state or national teacher conventions. The granting of such leave shall be at the discretion of the Superintendent.

ARTICLE XII

RETIREMENT/DEATH BENEFIT

A. Any employee who has completed ten (10) or more years of service in the Branchburg Township School District shall receive a retirement benefit based on $30 per day for each day of accumulated sick leave, to a maximum of $6,000 per individual effective July 1, 1990. Library/Media Assistants and Instructional Aides shall receive a maximum benefit of $5,000 per individual.

B. In the event a employee otherwise eligible for this benefit dies while actively employed by the District, this benefit shall be paid into the estate of the individual.

C. The employee shall have the option to delay receipt of the payment until January 1 following the year of retirement.

ARTICLE XIII

INSURANCE

A. Group Health
1. The Board agrees to provide single and dependent coverage in a health insurance plan except as set forth below. For employees hired prior to September 1, 1998, the employee may choose from the indemnity plan or the managed care plan. Effective July 1, 2001, the indemnity plan shall be a comprehensive major medical plan with no first dollar benefits. Effective July 1, 2003, the deductibles in the indemnity plan shall be $200 single/$400 family.
2. For Employees hired between September 1, 1998, and June 30, 2001, the employee who was on Step 1 or 2 of the salary guide in 2000-01 is eligible for single coverage in the indemnity plan (they may choose to pay for dependent coverage) or for single and dependent coverage in the managed care plan. Upon beginning their fourth year of employment, or placement on the step of the salary guide that reflects four years of experience, they are eligible for dependent coverage in the indemnity plan as well as in the managed care plan.

For employees hired on or after June 30, 2001, the employee and their dependents shall be enrolled in the direct access plan for the first three years of employment. Upon beginning their fourth year of employment, they are eligible for coverage in the indemnity plan.

3. Instructional Aides and Library/Media Assistants hired on or after June 30, 2001, shall be eligible for family coverage in the direct access plan. Employees may secure coverage under the traditional plan by paying the difference between the cost of the direct access plan and the cost of the traditional plan.

4. Effective July 1, 2006, one of each married couple employed by the District will be able to enroll in the Board of Education’s traditional plan. The remaining spouse may choose to enroll in the direct access plan. This provision does not apply to Bus Drivers who shall be governed by the provisions contained in Section 4, Article V of this agreement.

5. The Board will give copies of insurance brochures describing the health care insurance to each employee for whom coverage is provided.

Beginning July 1, 2004, all persons covered by this Agreement who retire between the ages of 55-65, who have twenty-five (25) years in the Teacher Pension and Annuity Fund or the Public Employee Retirement System, and who have a minimum of twenty (20) years of experience in the Branchburg Township School District will have the option to select either the "Retirement/Death Benefit" (Article XII) or have the Board of Education continue to pay the premiums for the dental program for employee and spouse until age 65 or a maximum of ten (10) years.

MODIFICATION AND DURATION

A. This Agreement shall not be modified in whole or in part by the parties except by an instrument in writing duly executed and acceptable to both parties.

B. This Agreement shall apply to the period commencing July 1, 2004, and ending June 30, 2007.

C. The Board and the Association agree to provide each other with their official mailing addresses for formal communications.

ARTICLE XV

RIGHTS OF THE BOARD

Except as expressly limited by this Agreement, the Association recognizes that the Board retains sole responsibility and authority in the management and direction of all operations and activities in the Branchburg Township School District, and full jurisdiction and authority to make and revise policy, rules, regulations and practices in furtherance thereof, subject to any obligation imposed by N.J.S.A. 34:13A-5.3 to negotiate adoption of new rules or changes in existing rules affecting working conditions before implementation thereof.

Contract provisions in Section 2 are applicable to all non-supervisory, certificated personnel as defined in Section 1 Article I paragraph A.1.

II. Workday 17

III. Sick Leave 18

IV. Attendance Incentive 19

V. Miscellaneous 20

VI. Educational Improvement 21

VII. Fair Employment Practices 22

VIII. Maternity, Paternity, Child Rearing, and

Adoption Leave of Absence 22

X. Operation of Salary Guide 25

XI. Teacher Responsibilities 26

XII. Teacher Rights 26

XIII. Work Year 27

XIV. Teacher Facilities 28

XV. Summer School 28

Schedule "A-1" – 2004-2005 Salary Guide 29
Schedule "A-2" – 2005-2006 Salary Guide 30
Schedule “A-3” – 2006-2007 Salary Guide 31
Schedule "B" Nonathletic Extracurricular Compensation 32
Schedule "C" Athletic Extracurricular Compensation 33

ARTICLE I

SALARIES

A. The salaries of all Teachers covered by this Agreement are set forth in the Salary Guides which are attached hereto and made a part hereof in Schedules "A-1", "A-2", and “A-3.”
B. Employees may choose any one of the following payment options for contracted salaries:
1. Ten-month basis, in twenty (20) equal payments.
2. Ten-month basis with amounts withheld for deposit in the Teachers' Credit Union or another financial institution which will generate summer payments by those who submit written request.
C. Additional Compensation
1. Speech Correctionists, Guidance Counselors, Social Workers, School Psychologists and Learning Disabilities Teachers shall receive an additional payment of $2,000 during 2004-05; $2,100 during 2005-06; and $2,200 during 2006-07 to compensate for additional time required by the position and the lack of preparation periods. All work beyond the 184-day contract year shall be compensated at the per-diem rate for the position.
2. Kindergarten teachers who are required to give an evening presentation for parents, exclusive of Back-to-School Night, will receive an hourly rate based on their per diem amount of pay.
3. The salaries for non-athletic extracurricular activity compensated positions are set forth in Schedule "B" annexed hereto.
4. The salaries of athletic extracurricular activity compensated positions are set forth in Schedule "C" annexed hereto.
5. Summer School and Home Instruction positions shall be compensated at the rate of $37.00 per hour during 2004-05; $37.00 per hour during 2005-06; and $38.00 per hour during 2006-07.
6. If release time is not granted for assigned curriculum change work, additional compensation at the rate of $37.00 per hour during 2004-05; $37.00 per hour during 2005-06; and $38.00 per hour during 2006-07 shall be paid for assigned work on curriculum changes done outside the Teacher's regular workday. It is understood that a time allotment may be established by the administration for any such curriculum change work.

ARTICLE II

WORKDAY

A. Regularly scheduled in-school workday for Teachers shall not exceed seven (7) hours. A Teacher shall be permitted to leave the building when all assigned duties have been completed. However, one (1) day per week shall be designated for Faculty meetings and appropriate Teachers shall be required to attend and remain until the meeting is concluded by the responsible Administrator. The Faculty meeting shall be scheduled for a maximum of one (1) hour.
B. Teachers shall have a minimum individual preparation time per five (5) day week as follows:
1. Central School:

Five (5) periods if the regularly scheduled workday is seven (7) periods, plus lunch and six (6) periods if the regularly scheduled school day is eight (8) periods, plus lunch. No teacher shall work more than four (4) hours without either a lunch period or preparation period.

200 minutes per week.

ARTICLE III

SICK LEAVE

A. All persons steadily employed by the Board of Education are permitted sick leave with full pay for eleven (11) days each year.
1. All persons steadily employed by the Board of Education and working half-time or more, although less than full-time, will receive full pay for eleven (11) partial sick days each year in proportion to the ratio their employment bears to full employment.
2. Sick leave is defined as absence from post of duty because of personal disability due to illness or injury, or because of exclusion from school by the medical authorities on account of a contagious disease, or being quarantined for such a disease in the immediate household.
3. The Board may require a physician's certificate.
B. Employees shall be informed of accumulated sick leave no later than September 30 of each school year.
C. Where a Teacher can anticipate the occurrence of a specific future disabling event, such as surgery or pregnancy, he/she shall notify the Superintendent as soon as he/she is aware of the pending condition.
1. The Teacher shall specify in writing his/her best estimate of the dates of commencement and termination of disability.

2. At the time of notification, the Teacher shall submit a physician's certificate attesting to the disabling condition and specifying the physician's best estimate of the dates of commencement and termination of the disability.
3. Requests for sick leave relating to an anticipated disability shall include dates of onset and return from such leave.
4. An employee whose expected date of onset of disability occurs at a time which would be disruptive to the continuity of the educational process, and who does not take unpaid personal leave at a more feasible time prior to the disability, shall be subject to being transferred to alternative duty without loss of pay or benefits while so assigned until such time as the disability occurs.
5. The employee who anticipates a specific disabling event and who does not request unpaid leave of absence prior to the anticipated disabling event shall become entitled to applicable sick leave benefits. The Board may require certification of such disability.
6. The Board may require that an employee anticipating a disabling event be placed on sick leave if the employee's physical condition results in unsatisfactory performance of assigned duties and/or the continued performance of those duties impairs the employee's health.
a. Such incapacity must be established by agreement of the Board's physician and the Teacher's physician that the Teacher cannot continue teaching.
b. If there is a difference of medical opinion between the Board's physician and the Teacher's physician, then the two physicians shall agree in good faith on a third impartial physician who shall examine the Teacher and whose medical opinion shall be conclusive and binding on the issue of medical capacity to continue teaching.
D. Leave Credits

Beginning employees shall be credited with fifty percent (50%) of their unused New Jersey sick leave accumulation, not to exceed thirty (30) days, provided that proof of the accumulated days is submitted.

Should an employee be absent for more than days accumulated, the per diem rate (1/200 for Teachers) of the annual contractual salary shall be deducted from pay for every additional day absent.

ARTICLE IV

Attendance Incentive

No contract language exists for teachers on this topic. This section of the agreement is included to allow Sections 2 through 6 of the agreement to have common Section headers.

ARTICLE V

MISCELLANEOUS

A. CLASS SIZE

The parties recognize the desirability, from both an educational viewpoint and from the viewpoint of providing a good working environment for Teachers, of limiting students participating in a class and of equalizing as much as possible the number of students assigned to the various classes conducted within a grade level or subject area. To that end, it is the policy of the Board to limit class sizes and to equalize the class sizes to an extent consistent with sound educational principles and the fiscal and physical facilities of the District.

All employees assigned lunch duty shall be entitled to at least a thirty (30) minute duty-free lunch period.

All benefits to which a Teacher was entitled at the time his/her leave of absence commenced, including unused accumulated sick leave, if any, shall be restored upon his/her return.

ARTICLE VI

Educational Improvement

A. The maximum annual cost to the Board of Education for such courses shall be $60,000 in 2004-05; $62,500 in 2005-06; and $65,000 in 2006-07. Unused money in one year is available in the following years, until the expiration of the contract, at which time the unused money reverts to the Board.

B. Limitations

1. Reimbursement is limited to Teachers who possess or are eligible for a New Jersey regular certificate or possess a certificate of eligibility with advanced standing.
2. That the Principal and Superintendent approve the course in advance.
3. That the course be related to the Teacher's present or future assignment.
4. That the cost be reimbursable at the actual rate charged by New Jersey State colleges.
C. Reimbursement rates will be as follows:

1. A or B - 100%

2. C - 80%

3. D or lower - 0%

E. One-half of the annual allotment will be disbursed in January for eligible summer and fall courses. If there are more eligible applications than can be fully reimbursed from the January allotment, then each Teacher’s first course will be reimbursed 100% (or proportionately if the allotment cannot cover 100% of all first courses). The remaining money will then be distributed proportionately to cover each person’s second course, etc. Any leftover money will be added to the other one-half of the annual allotment, which shall be disbursed in June for eligible spring courses, using the same procedures as used for the January disbursement. If there is unspent money from the June allotment, and anyone was not fully reimbursed from the January disbursement, the unspent June money will be disbursed to such persons.

F. The Teacher shall be an employee of the Branchburg Township School District at the time of reimbursement either under contract or on approved leave.

G. The employee agrees to serve the district for three years following the completion of a degree paid for under this Article, or the employee will reimburse the district for the prorated amount upon separation. Repayment under this provision shall be computed as follows: 100% repayment before year one, 67% before year two and 33% before year three. This “return service obligation” may be waived in the sole discretion of the Board, in such matters as, but not limited to, non-renewal, reduction in force, death, disability, retirement or hardship. Any tuition reimbursement paid to the district shall be added to the funds available that year.

H. Teachers taking courses beyond the dollar limit in A above, may appeal to the Board for reimbursement.

ARTICLE VII

FAIR EMPLOYMENT PRACTICES

A. Any tenured employee's suspension by the Board or dismissal for cause shall be controlled by N.J.S.A. 18A:6-10 et seq.

B. Any non-tenured Teacher whose contract is not renewed by the Board will be given written reasons upon request. The Teacher shall have the right to have an informal appearance before the Board pursuant to Department of Education rules and regulations and may be represented at such appearance by Association official and/or legal representative.

C. The Board shall notify a Teacher that his/her contract has not been renewed by May 15th. Failure to notify timely is considered an offer to renew the Contract of a non-tenured Teacher, in usual form, which offer must be accepted in writing on or before June 1.

ARTICLE VIII

MATERNITY, PATERNITY, CHILD REARING, AND ADOPTION LEAVE OF ABSENCE

A. MATERNITY LEAVE DEFINITION
1. The term "maternity leave" is not an involuntary absence from assigned duties solely during the period of pregnancy-related disabilities. Such an absence is governed by Article V of this Agreement.
2. The term "maternity leave" is a voluntary absence from active employment either:
a. commencing while the pregnant Teacher is physically able to effectively perform her duties and continuing through the period of a pregnancy-related disability; or
b. commencing after the end of a pregnancy-related disability for the purpose of child care.
3. If the anticipated disabling event referred to in Article V (Sick Leave) is childbirth, the Board shall presume that the pregnant employee becomes disabled for work four (4) weeks before the anticipated date of childbirth, at which time the pregnant employee shall become eligible for sick leave benefits if she does not present a certificate attesting to her ability to work during said four-week period of time.
a. This option is granted only to employees actively employed and not to those employees on maternity leave.
b. If, as a result of the pregnancy, a Teacher, while actively employed, becomes disabled prior to the four-week period of presumed disability, said Teacher may use any sick leave benefits to which she is entitled, provided that the Teacher's physician provide the Board with a certificate attesting to her inability to continue teaching.
c. The Board reserves the right to verify the Teacher's inability to continue teaching.
B. MATERNITY/CHILD REARING LEAVE PROCEDURE

Maternity/Child Rearing Leave without pay shall be granted by the Board of Education in accordance with the following procedure:

The Board shall grant any male Teacher an unpaid leave of absence to provide necessary care for his child to the same extent and by the same procedure provided for maternity leaves above.

Any Teacher, male or female, may apply for and shall be granted a leave in the case of adoption by such Teacher of a minor child under the same terms as the maternity or child care leave above.

ARTICLE IX

TRANSFERS AND ASSIGNMENTS

A. Teachers who desire a building transfer or a change in grade or subject assignment may file a written statement of such desire with the Superintendent, which statement shall include the building, grade or subject to which the Teacher desires to be transferred or assigned in order of preference.
1. Such requests for transfers and reassignments for the following year shall be submitted no later than May 1, and responses shall be made by June 1, if practicable.
2. Reasonable effort shall be made to honor the request of a Teacher so long as a valid reason is given for the transfer and the change requested does not conflict with the instructional requirements of the school system.
B. No transfers shall be made in an arbitrary and capricious manner; disputes over transfers shall be subject to the grievance procedure, but the transfer shall be reviewable only as to whether the transfer was made or denied arbitrarily and capriciously.
C. The Board agrees that a Teacher may discuss with or appeal his/her assignment to his/her Principal.

ARTICLE X

OPERATION OF SALARY GUIDE

A. Newly employed teachers will be placed on the salary guide in accordance with N.J.S.A. 18A:29-9.
B. The following shall apply to credits granted to new employees for previous experience in other than the teaching profession:
1. Military Service
a. The Board shall grant full credit as required by law to individuals with military experience obtained before or during employment in this School District.
b. Previous military experience of Teachers new to this School District will be considered in the granting of appropriate credits when, in the opinion of the School Board, such experience materially advances the Teacher's ability.
2. Civilian Experience - Previous experience in a civilian occupation or profession will be considered in the granting of appropriate credit when, in the opinion of the School Board, such experience materially advances the Teacher's teaching ability.
C. The Board of Education reserves the right to decline to advance a Teacher according to the guide because of unsatisfactory work or other reasons. If a Teacher is not advanced, he/she shall be given an explanation by the administration and the right to review by the Board of Education.
D. Teachers expecting to qualify for the next higher salary level must notify the Administrator no later than January 15 of the contract year preceding the actual change in the salary level. The Superintendent will notify employees of the January 15th application deadline for movement across the salary guide. Salary adjustments shall be made in September and February of each contract year.

ARTICLE XI

TEACHER RESPONSIBILITIES

A. Teachers shall perform assigned duties forthrightly and to the best of their abilities.
B. Teachers shall remain under the direct supervision of superiors as deemed appropriate by the Superintendent and the Board of Education, notwithstanding pending grievances, New Jersey Commissioner of Education decisions and court cases.
C. Teachers shall perform their professional charges in accordance with the laws of the United States and New Jersey and rules and regulations of the New Jersey Commissioner of Education and the New Jersey State Board of Education.

ARTICLE XII

TEACHER RIGHTS

A. Whenever any Teacher is required to appear before the Board or any committee thereof concerning any matter which could adversely affect the continuation of that Teacher in his/her office, position or employment, or the salary or any increment pertaining thereto, then he/she 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 him/her and represent him/her during such meeting or interview.
B. Whenever entering or leaving the building, Teachers shall sign in and sign out only on the appropriate register, and no other form shall be required to be completed.
C. The Board agrees that during their duty-free lunch periods or preparation periods, Teachers shall be permitted to leave their buildings after notifying the school office and following the procedure set forth in Paragraph B. above.
D. Every attempt will be made to keep classroom interruptions through announcements to a minimum.
E. The Teacher shall have the initial responsibility for determining grades in accordance with the grading policies of the Board. No grade shall be changed by an Administrator without prior consultation with the Teacher.
F. The Board agrees that the Teacher will be consulted by the Administration when the promotion of a student is considered and such promotion will be in conflict with the Teacher's recommendation for retention.
G. Teachers will not be held liable to reimburse the Board in the event that money Teachers are required to collect are lost or stolen, provided that the Teachers comply with proper procedures.
H. The Board shall provide an explanation of any insurance coverage for damage to Teachers' personal property while on school premises, which the Board carries at its option.
I. Parent Teacher Conferences
1. Regularly scheduled Parent-Teacher conferences will be conducted during the one-night conference date, or on single-session days set aside for this expressed purpose.
2. Teachers may be excused from any Parent conference for cause with the approval of the Principal, provided the Teacher reschedules the conference with the Parent.
3. Teachers may leave school upon completion of their regularly scheduled Parent-Teacher conferences conducted during either the evening or the daytime conference date.
4. A full day of conferences will be scheduled in each building. All members of the professional staff will be expected to participate in the parent conferences or in assigned duties.
J. Faculty Meetings
1. Except in emergencies, every effort will be made to give one (1) week's prior notice of all building faculty meetings.
2. Teachers may be excused from any faculty meeting, for cause, with the approval of the Principal.
3. Faculty meetings are defined as a meeting of Staff/Teacher by grade, entire faculty department, and any other configuration of Staff.
K. The rate of reimbursement for Teachers presently entitled to receive travel reimbursement shall be set in accordance with Board policy.
L. Teachers shall receive their tentative teaching assignments for the next school year by the end of the current school year.
M. Tentative teaching schedules will be available no later than August 29th.

ARTICLE XIII

WORK YEAR

A. The Teaching Staff Calendar will be forwarded to the staff by June of each year.
B. The Teaching Staff work year shall consist of 184 days.
1. Not to exceed 181 instructional days.
2. One (1) non-instructional Teacher Planning Day prior to the start of school.
3. Two (2) non-instructional days to be used at the discretion of the Board for Parent conferences and workshops.
4. The day of Back-to-School Night and the day before Winter Break will be single session days for staff and students. In addition, the last day of school shall be a single session day for students and teachers. The three days prior to the last day of school shall be single session days for students. Teachers shall work their regular day on the three days prior to the last day of school.
5. The Board and the Union agree to submit to Public Employment Relations Committee the question of the unilateral removal of the length of the student day on the first day of school for students and agree to be bound by Public Employment Relations Committee’s decision.
C. All newly hired teachers shall work three (3) additional days beyond those worked by the continuing staff, including the extra day worked by new staff by practice. The Board is to determine the agenda and schedule for these additional days, but as is consistent with practice, the Association leadership will be placed on the agenda. All training hours during this period will count toward guide movement at a rate of .5 credit per day. Every effort will be made to schedule these days within the two (2) weeks prior to the opening of school.

ARTICLE XIV

TEACHER FACILITIES

A. The Board agrees to provide air conditioning in each employees' lounge.

B. The Board agrees not to reduce the existing number of faculty lounges in each school.

ARTICLE XV

SUMMER SCHOOL

A. Summer School openings shall be publicized as soon as practicable after such openings become known. All summer positions are dependent upon student enrollment.
B. In filling Summer School positions, a Teacher's area of certification, major and/or minor field of study, experience and length of service in the Branchburg Township School District shall be considered.

Position	2004-2005	2005-2006	2006-2007*
Yearbook Advisor	$2,225	$2,225
School Newspaper Advisor	$2,464	$2,464
Student Council Advisor	$2,192	$2,192
Drama Coach	$1,842	$1,842
Assistant Drama Coach	$850	$850
Scenic Director - Central	$1,362	$1,362
Destination Imagination Coach	$3,322	$3,322
Assistant Destination Imagination Coach	$1,667	$1,667
Vocal Music Instructor - Middle	$2,010	$2,010
Vocal Music Instructor - Intermediate	$1,413	$1,413
Instrumental Music Instructor - Middle	$1,984	$1,984
Instrumental Music Instructor - Intermediate	$1,413	$1,413
Teen Arts	$1,413	$1,413
Math Counts	$2,262	$2,262
Jazz/Pep Band	$2,049	$2,049
Woodwind Ensemble	$2,049	$2,049
Technology Support	$1,187	$1,187
Team Leaders - Middle	$1,780	$1,780
Team Leaders-Intermediate	$1,780	$1,780
Lead Teacher - Old York/Stony Brook	$1,780	$1,780
Robotics	$2,967	$2,967
Art Shows	$568	$568
Science Fair	$568	$568
Art Club Advisor	$537 per session	$537 per session

Position	2004-2005	2005-2006	2006-2007*
Athletic Director	$5,336	$5,336
Director of Intramurals	$2,730	$2,730
Boys' Basketball Coach	$3,405	$3,405
Assistant Boys' Basketball Coach	$2,827	$2,827
Girls' Basketball Coach	$3,405	$3,405
Assistant Girls' Basketball Coach	$2,827	$2,827
Softball Coach	$2,361	$2,361
Assistant Softball Coach	$1,874	$1,874
Baseball Coach	$2,361	$2,361
Assistant Baseball Coach	$1,874	$1,874
Boys' Soccer Coach	$2,361	$2,361
Assistant Boys’ Soccer Coach	$1,874	$1,874
Boys’ Lacrosse Coach	$2,361	$2,361
Assistant Boys’ Lacrosse Coach	$1,874	$1,874
Girls' Soccer Coach	$2,361	$2,361
Assistant Girls’ Soccer Coach	$1,874	$1,874
Cheerleader Coach	$1,842	$1,842
Timekeeper	$1,095	$1,095
Crowd Control	$1,095	$1,095
Dance	$1,842	$1,842
Aerobics	$843	$843
Strength/Conditioning	$843	$843
Fall Intramural (OY and SB)	$843	$843
Intramural Basketball (OY,SB,BC)	$843	$843
Track & Field Intramural (OY,BC,SB)	$843	$843
Lacrosse - Intramural	$843	$843

Contract provisions in Section 3 are applicable to personnel defined in Section 1 Article I paragraph A.2.b. and not excluded by Section 1 Article I paragraph B.

II. Workday 35

III. Sick Leave 36

IV. Attendance Incentive 37

V. Miscellaneous 37

VI. Educational Improvement 37

VII. Fair Employment Practices 38

VIII. Maternity, Paternity, Child Rearing, and Adoption Leave of Absence 38

IX. Transfers and Assignments 40

X. Operation of Salary Guide 41

XI. Responsibilities 41

XII. Employee Rights and Privileges 41

XIII. Work Year 42

XIV. Facilities 42

XV. Summer School 42

XVI. Vacations and Holidays 43

XVII. Overtime 43

XVIII. Employee Evaluation 44

Salary Schedule A

12-month Secretaries 2004-05, 2005-06, 2006-07.. 45

12-month Clerical 2004-05, 2005-06, 2006-07 46

10-month Clerical 2004-05, 2005-06, 2006-07 47

ARTICLE I

SALARIES

A. General Issues
1. The salaries of all employees covered by this Agreement are set forth in Schedule A, which is attached hereto and made a part hereof.
2. Placement on the salary schedule of new employees shall be determined by the Board of Education.
a. A new employee shall be placed at the salary level corresponding to the number of “credited” years of experience granted by the Board. Thereafter, the employee shall move through the salary schedule as if the credited years of experience had been served in the Branchburg School District.
B. Resignation
1. An employee who is resigning shall give thirty (30) days’ notice.
2. If a resigning twelve (12) month employee provides such notice, s/he shall receive pay for earned vacation according to the proportion of full months worked to the total contract year. Employees failing to provide such notice forfeit any earned vacation pay.
C. Termination
1. An employee who is terminated shall receive thirty (30) days’ notice of termination or thirty (30) days’ pay in lieu of notice unless the termination is for cause, in which event no notice is required.
2. The Board retains the right to terminate employees during their first ninety (90) days of employment without notice, pay in lieu of notice, a statement of reasons, or access to the grievance procedure as set forth in Article X of the Common Provisions of this Agreement.

1. As heretofore, the Board shall, in its discretion, determine summer work schedules each year. Twelve (12) month secretaries shall work thirty-five (35) hours per week in the summer but shall receive pay for thirty-seven and one-half (37-1/2) hours.
C. Breaks

1. Full-time employees shall be entitled to two (2) fifteen (15) minute breaks: one (1) in the morning and one (1) in the afternoon, to be scheduled by mutual agreement between the employee and his/her supervisor.

ARTICLE III

SICK LEAVE

A. All persons steadily employed by the Board on a twelve- (12-) month basis are permitted sick leave with full pay for fifteen (15) days each year. All persons steadily employed by the Board on a ten- (10-) month basis are permitted sick leave with full pay for twelve (12) days each year.

1. Unused sick days are accumulative.
2. Sick leave is defined as absence from post of duty because of personal disability due to illness or injury, or because of exclusion from school by the medical authorities on account of a contagious disease, or being quarantined for such a disease in the immediate household.
3. The Board may require a physician’s certificate any time sick leave is taken.
B. First-year employees shall have their sick leave entitlement prorated proportionate to the number of months remaining in the contract year at the time of their employment.

C. As soon as practicable, employees shall be notified of their accumulated unused sick leave days as of September 30.

D. Where an employee can anticipate the occurrence of a specific future disabling event, such as surgery or pregnancy, he/she shall notify the Superintendent as soon as he/she is aware of the pending condition.

1. The employee shall specify in writing his/her best estimate of the dates of commencement and termination of the disability.

2. At the time of notification, the employee shall submit a physician’s certificate attesting to the disabling condition and specifying the physician’s best estimate of the dates of commencement and termination of the disability.

F. The employee who anticipates a specific disabling event and who does not request unpaid leave of absence prior to the anticipated disabling event shall become entitled to applicable sick leave benefits. The Board may require certification of such disability.

G. The Board may require that an employee anticipating a disabling event be placed on sick leave if the employee’s physical condition results in unsatisfactory performance of assigned duties and/or the continued performance of those duties impairs the employee’s health.

1. Such incapacity must be established by agreement of the Board’s physician and the employee’s physician that the employee cannot continue working.

2. If there is a difference of medical opinion between the Board’s physician and the employee’s physician, then the two physicians shall agree in good faith on a third impartial physician, who shall examine the employee, and his medical opinion shall be conclusive and binding on the issue of medical capacity to continue working.

Attendance Incentive

No contract language exists for Secretaries/Clerks on this topic. This section of the agreement is included to allow Sections 2 through 6 of the agreement to have common Section headers.

ARTICLE V

MISCELLanEOUS

No contract language exists for Secretaries/Clerks on this topic. This section of the agreement is included to allow Sections 2 through 6 of the agreement to have common Section headers.

ARTICLE VI

EDUCATIONAL IMPROVEMENT

The Board shall reimburse employees for credits or courses taken that are approved by the Superintendent.

A. The conditions for payment shall be as follows:
1. Payment shall be made on evidence of satisfactory completion of the course.
2. Payment by the Board shall be for full tuition for approved courses.
3. The rate of payment for credited courses shall not exceed the New Jersey State College rate.
4. The maximum cost to the Board in any fiscal year shall not exceed $3,500.00 cumulative for members of this unit.
B. The employee agrees to serve the district for three years following the completion of a degree paid for under this Article, or the employee will reimburse the district for the prorated amount upon separation. Repayment under this provision shall be computed as follows: 100% repayment before year one, 67% before year two and 33% before year three. This “return service obligation” may be waived in the sole discretion of the Board, in such matters as, but not limited to, non-renewal, reduction in force, death, disability, retirement or hardship. Any tuition reimbursement paid to the district shall be added to the funds available that year.

C. Employees may appeal to the Board for reimbursement on a case-by-case basis if costs exceed the maximum costs listed in item A.4. above.

ARTICLE VII

Fair Employment practices

No contract language exists for Secretaries/Clerks on this topic. This section of the agreement is included to allow Sections 2 through 6 of the agreement to have common Section headers.

ARTICLE VIII

MATERNITY, PATERNITY, CHILD REARING, AND ADOPTION LEAVE OF ABSENCE

A. Definition
1. The term “maternity leave” does not refer to involuntary absence from assigned duties solely during the period of pregnancy-related disabilities. Such an absence is governed by Article V (SICK LEAVE) of this Agreement.
2. The term “maternity leave” refers to a voluntary absence from active employment either:
a. commencing while the pregnant employee is physically able to effectively perform her duties and continuing through the period of a pregnancy-related disability, or
b. commencing after the end of a pregnancy-related disability for the purpose of child care.
B. If the anticipated disabling event referred to in Article V is childbirth, the Board shall presume that the pregnant employee becomes disabled for work four (4) weeks before the anticipated date of childbirth, at which time the pregnant employee shall become eligible for sick leave benefits if she does not present a certificate attesting to her ability to work during said four (4) week period of time.
1. This option is granted only to employees actively employed and not to those employees on maternity leave.
2. If, as a result of the pregnancy, an employee while actively employed becomes disabled prior to the four (4) week period of presumed disability, said employee may use any sick leave benefits to which she is entitled, providing that the employee’s physician provides the Board with a certificate attesting to her inability to continue working.
3. The Board reserves the right to verify the employee’s inability to continue working.
C. Maternity/Child Rearing Leave Procedures

Maternity/Child Rearing leave without pay shall be granted by the Board of Education in accordance with the following procedure:

ARTICLE IX

TRANSFERS AND ASSIGNMENTS

A. Voluntary Transfers
1. Employees who desire a change in rank and/or assignment or who desire to transfer to another building may file a written statement of such desire at any time with the Superintendent. Such statement shall include the rank, position, and the school or schools to which the employee desires to be transferred, in order of preference.
2. Opportunity will be given to any employee to apply for and receive fair consideration for any position which becomes vacant, provided the employee meets the qualifications which the District prescribes for the position.
B. Involuntary Transfer

An involuntary transfer or reassignment shall be made only after a meeting between the employee involved and the appropriate supervisor, at which time the employee shall be notified of the reason therefore.

ARTICLE X

operation of salary guide

No contract language exits for Secretaries/Clerks on this topic. This section of the agreement is included to allow Sections 2 through 6 of the agreement to have common Section headers.

ARTICLE XI

responsibilities

No contract language exits for Secretaries/Clerks on this topic. This section of the agreement is included to allow Sections 2 through 6 of the agreement to have common Section headers.

ARTICLE XII

EMPLOYEE RIGHTS AND PRIVILEGES

A. Pursuant to the Employer-Employee Relations Act, the Board and the Association agree that every member of the Association shall have and shall be protected in the exercise of the right, freely and without fear of penalty or reprisal, to form, join, and support the Association and its affiliates for the purpose of engaging in collective negotiations or to refrain therefrom. The Board and the Association agree they shall not discriminate against any employee pursuant to N.J.S.A. 34:13A-5.3 and 5.4.
B. Nothing contained herein shall be construed to deny or restrict to any employee such rights or to relieve her from such obligations as she may have under New Jersey School Laws.
C. No tenured employee shall be disciplined or reprimanded without just cause. Any such action taken by the Board, or any agent or representative thereof, shall not be made public until formal action is taken by the Board and shall be subject to the grievance procedure herein set forth, unless an alternate statutory appeal procedure exists.
D. Whenever any employee is required to appear before the Superintendent, Board or any committee or member thereof concerning any matter which could adversely affect the continuation of the employee in her/his position, employment or the salary or any increments pertaining thereto, then she/he shall be given prior written notice of the reasons for such meetings or interview and shall be entitled to have a person of her/his own choosing and a representative of the Association present to advise her/him and represent her/him during such meeting or interview.
E. Any non-tenured employee whose contract is not renewed by the Board will be given written reasons upon request.
1. The request for written reasons shall be made within ten (10) calendar days of notification of non-renewal.
2. The Board shall provide the reasons within twenty-one (21) calendar days of the request.
3. The employee shall have the right to have an informal appearance before the Board pursuant to Department of Education rules and regulations pertaining to nontenured teachers and may be represented at such appearance by the Association and/or legal representative.
4. A request for an informal appearance must be made within ten (10) calendar days of receipt of the written reasons.

ARTICLE XIII

WORK YEAR

1. Ten- (10-) Month Employees

The work year for all ten (10) month employees shall be 190 days between September 1 and June 30, and shall also include eight (8) days or their equivalent between July 1 and August 31. These eight (8) days shall be mutually scheduled by the employee and the supervisor.

The work year for all twelve- (12-) month employees shall be July 1 through June 30.

ARTICLE XIV

facilities

No contract language exits for Secretaries/Clerks on this topic. This section of the agreement is included to allow Sections 2 through 6 of the agreement to have common Section headers.

ARTICLE XV

summer school

No contract language exits for Secretaries/Clerks on this topic. This section of the agreement is included to allow Sections 2 through 6 of the agreement to have common Section headers.

ARTICLE XVI

VACATIONS AND HOLIDAYS

A. Vacations

1. All twelve- (12-) month employees are entitled to paid vacation days according to the following schedule:

a. Two (2) weeks after one (1) full year of service, one (1) week of which may be taken in the second six (6) months of service;

b. Three (3) weeks after seven (7) years of service;

c. Four (4) weeks after fifteen (15) years of service.


2. Scheduling of vacation must be approved by the immediate supervisor or his/her designee. Eligibility shall be computed as of the date of hire.

1. All twelve- (12-) month employees shall receive fourteen (14) paid holidays.

2. Full-time ten- (10-) month secretaries and clerks shall receive a total of five (5) days “holiday pay.” Employees starting after the beginning of the fiscal year or leaving before the end of the fiscal year shall receive a prorated payment.

3. The paid holidays for ten- (10-) month employees shall be paid to employees in twenty (20) equal payments from September l through June 30. It is understood that the holiday payments are not part of the base salary of employees nor are the holiday payments to be used in the calculating of any applicable overtime.

4. The Board will provide the Association with a list of holidays for the following year by June 1st.

OVERTIME

A. A secretary will be compensated for all hours authorized by their immediate supervisor/principal as follows:

1. between 37.5 and 40 hours – straight time

2. over (40) forty hours – time-and-one-half

Overtime shall be paid in money, except as provided in paragraph C. below.

C. Compensatory time off may be taken in lieu of overtime payment by prior mutual agreement between the employee and the supervisor. Compensatory time off must be taken as soon as reasonably practicable after it is earned and in any event shall be taken no later than sixty (60) days after it is earned unless circumstances in the District make it impossible to release the employee without causing the District substantial hardship.

ARTICLE XVIII

EMPLOYEE EVALUATION

A. Each employee shall have an opportunity to confer with his/her immediate supervisor to identify the employee’s strengths and weaknesses and to discuss ways and means to improve overall performance. These conferences shall include written evaluation reports and shall be scheduled by the supervisor at least once in every contract year.

B. Evaluation reports shall be prepared on the following basis:

1. Tenured employees – one (1) evaluation annually not later than May 15.

2. Non tenured employees – two (2) evaluations within ten (10) months of the date upon which the employee began work, and two (2) evaluations each year thereafter until tenure is attained.

3. If an employee is evaluated as unsatisfactory, she/he shall receive three (3) evaluations the following year.

Contract provisions in Section 4 are applicable to personnel defined in Section 1 Article I paragraph A.2. a.

ARTICLE Page

II. Workday 49

III. Sick Leave 49

IV. Attendance Incentive 50

V. Miscellaneous 50

VI. Educational Improvement 51

VII. Fair Employment Practices 51

Appendix A – Salary Schedule 53

Appendix B – Methods of Compensation 55

ARTICLE I

SALARIES

A. The salaries of all drivers covered by this agreement are set forth in the salary guides which are attached hereto and are made a part hereof in Schedule 1 and Schedule 2.

B. Employees may choose any one of the following payment options for contracted services:

1. Twenty equal installments over ten months.

2. Twenty equal installments with amounts withheld for deposit in the Teachers Credit Union by those who submit written requests.

D. Drivers may be required to attend up to one (1) meeting per year at a maximum of two (2) hours called by the administration as part of their basic contract. Drivers may also be required to attend additional meetings called by administrators and will be paid on an hour-for-hour basis for these meetings. Drivers will be given seven (7) days notice prior to all meetings except in the case of emergency.

ARTICLE II

WORKDAY

A. The standard contract for all drivers shall be no less than 4-1/2 hours and any additional regularly contracted time shall be included in contract for purposes of salary and pension calculations.

1. Part-time positions may be created by mutual agreement between the Association and the Board.

2. In the event that several part-time positions are needed to cover runs for different schools, the Board shall make a reasonable effort to combine the runs to create a full-time (that is, a 4-1/2-hour-per-day) contract.

ARTICLE III

SICK LEAVE

A. Drivers shall be entitled to eleven (11) sick days annually. Sick time shall be calculated on the basis of the contracted workday.
1. Sick leave may be taken in full days or half days.
2. Absences of more than a half day will be charged a full day of sick leave.
3. Absences of less than a half day will result in wage deductions for each hour absent.
4. If a driver on a Kindergarten run misses 1/3 of a day, it will be charged as a half day absence.
B. Drivers may apply for extended sick leave, minus the cost of a substitute driver, when they have exhausted their accumulated sick leave. The Board has the discretion to grant or not grant such extended leave after reviewing the merits of each case.
C. Drivers absent from work because of accidental injury arising out of or in the course of employment shall receive for up to one calendar year full salary and all benefits including the provision under Article VII.

ARTICLE IV

ATTENDANCE INCENTIVE

A. Employees with no absences at the end of the year shall receive a payment of $250 from the Board of Education.

ARTICLE V

MISCELLANEOUS

A. Except as expressly limited by this Agreement, the Association recognizes that the Board retains sole responsibility and authority in the management and direction of all operations and activities in the Branchburg Township School District, and full jurisdiction and authority to make and revise policy, rules, regulations and practices in furtherance thereof, subject to any obligation imposed by N.J.S.A. 34:34A-5.3 to negotiate adoption of new rules or changes in existing rules affecting working conditions before implementations thereof.
B. Bus drivers are entitled to lunch reimbursement of $10.00 when a field trip or athletic trip exceeds four (4) hours. In addition, bus drivers are entitled to a meal reimbursement of $15.00 when a field or athletic trip exceeds eight (8) hours.
C. License Fees and Physicals
1. The Board requires that each driver undergo a physical examination every two (2) years; the bus driver’s license must also be renewed every four (4) years.
2. The Board will pay the full cost of the physical examination which is taken at the office of the Board-approved medical inspector. The driver may elect to use a doctor of his/her own choice; however, in such a case, the driver is responsible for any difference in cost between that physician and the fee charged by the school physician.
3. The Board will pay the cost of the CDL part of the bus driver’s license.
4. The Board of Education will pay for all required driver fingerprinting after initial hire.
D. No driver shall be required to use his/her own vehicle for transportation business.
E. Runs that become available will be posted where easily seen by drivers and a copy placed in each of the driver’s mail boxes.
F. A new driver who is issued a contract on or before December 1 of the school year shall be given credit for a full year of service on the salary guide.
G. In the event that an employee hired after July 1, 1996, is married to an already employed driver, or subsequently becomes married to a driver (whether that individual was employed before or after July 1, 1996), health insurance benefits shall be offered only to one (1) of the spouses, whomever was first covered by those benefits.
H. Personal leave may be taken in full days or half days.

1. Absences of more than a half day will be charged as a full day of personal leave.

2. Absences of less than a half day will result in wage deductions for each hour absent.

3. If a driver on a Kindergarten run misses 1/3 of a day, it will be charged as a half-day absence.

I. No more than two (2) personal leave requests will be granted to the driver group on any one day.

ARTICLE VI

EDUCATIONAL IMPROVEMENT

A. The Board shall reimburse employees for professional courses taken that relate to present or future assignments in the Transportation Department and that are approved in advance by the Superintendent. The conditions for payment shall be as follows:
1. Payment shall be made on evidence of satisfactory completion of the course.
2. Payment by the Board shall be for full tuition for approved courses.
3. The maximum cost to the Board in any fiscal year shall not exceed $2000 cumulative for members of this unit.
B. Employees may appeal to the board for reimbursement on a case-by-case basis if costs exceed the maximum costs listed in Item A. above.

ARTICLE VII

FAIR EMPLOYMENT PRACTICES

A. Any driver whose contract is not renewed shall have the right to a statement of reasons upon request and may appear before the Board with representation. The decision of the Board shall not be grievable.
B. The Board shall notify a driver that his/her contract has not been renewed by May 30. Failure to notify by this time shall entitle the driver to one (1) month’s salary as severance pay in addition to his/her salary for working the rest of the school year.
C. The Board retains the right to discipline or discharge a driver during the term of his/her employment contract when in the judgment of the Board the driver’s performance, attendance, or attitude negatively affect his/her ability to perform his/her assigned tasks.
1. No employee shall be disciplined without just cause.
2. Discipline may include but is not limited to oral and written reprimands, fines, increment withholdings, suspensions with or without pay, and mid-contract discharges, but shall not include the non-renewal of a non-tenured employee.
3. Discipline shall be applied in a non-discriminatory fashion, and shall be subject to the grievance procedure.
4. The discipline to be imposed shall be determined on a case-by-case basis, and shall take into account the nature of the offense, the number of previous offenses for which discipline was imposed, the length of service of the employee, the general employment record of the employee, and any mitigating circumstances.

APPENDIX B

METHODS OF COMPENSATION

A. Category A – Regular To and From Transportation
1. In accordance with Article V, routes shall be configured annually so as to achieve maximum efficiency.
2. The actual number of hours per route assignment shall be established annually by the Transportation Supervisor, with beginning and ending times specified individually for each driver.
a. Such beginning and ending times shall include allowances for bus preparation.
b. Such times shall be provided to the drivers prior to the first day of school in September.
c. By October 31 of each year, the Transportation Supervisor shall notify the drivers of his recommendations for revisions to these times. Such revisions shall be presented to the Board of Education for action at the regular November meeting. The Board of Education reserves the right to adjust driver hours at a later time during the school year in the event of changes in routes.
3. Drivers shall be assigned to routes annually and contracts issued accordingly.
B. Category B – Time Clock
1. A time clock shall be installed in the bus yard at a place convenient to drivers, taking into consideration access to the nearest source of electricity.
2. Drivers shall punch in and out each workday regardless of the nature of the route/trip. Drivers who go directly from a regular afternoon run to a late run shall not be required to return to the yard to punch in and out between runs.
3. Extra pay for regular to and from transportation routes shall not be paid unless authorized by the Transportation Supervisor because of inclement weather requiring additional bus preparation time or other extraordinary circumstances.
4. Recognizing that there will be times when weather/road conditions change unexpectedly, prior authorization under these circumstances will not be expected. The driver will notify the Transportation Office as soon as possible.
5. Additional pay clocked on the time clock shall be paid in increments of fifteen (15) minutes for any one (1) day on which at least eight (8) additional minutes is clocked.
6. The calculation of such overtime shall be on a day-to-day basis, such that time clocked over or under the normal hours on any day shall not affect the time clocked over or under on any other day.
7. If a driver arrives late to work for either the morning or afternoon run on an occasional basis, the late time shall not be deducted from the driver’s pay. In the event that a habitual pattern of lateness develops, the Board of Education reserves the right to discipline the driver, and such discipline may include a reduction in pay for the late time. The determination of what constitutes habitual lateness is at the sole discretion of the Board of Education.
8. Any payment under this section shall only be made in accordance with the provisions of Paragraph 3 of this category. If the additional time clocked in by a driver does not meet with the provisions of Paragraph 3, the Transportation Office shall provide the reasons for the denial of overtime payment in writing.
9. Drivers shall be paid at the hourly rate for layovers of thirty minutes or less. Such layover allowance shall be taken into consideration in the annual configuration of regular routes as well as for extra runs/trips.
C. Category C – Calendar Exceptions
1. When a driver has to drive students to a non-Branchburg school on a day when Branchburg schools are closed, the driver shall be paid a premium of one-half hour pay for the morning run and one-half hour pay for the afternoon run.
2. When a driver has to drive students to Branchburg schools when the non-Branchburg school to which he usually drives is closed, he/she shall be paid as if it is a normal workday.

If such a driver is asked to cover additional Branchburg runs, he/she shall be paid one hour’s pay for each such hour worked.

Contract provisions in Section 5 are applicable to personnel defined in Section 1, Article I paragraph A.2.c.

ARTICLE Page

II. Workday 58

III. Sick Leave 59

IV. Attendance Incentive 59

V. Miscellaneous 59

VI. Educational Improvement 60

VII. Fair Employment Practices 60

VIII. Maternity, Paternity and Adoption Leaves 60

IX. Transfers and Assignments 60

X. Operation of Salary Guide 61

XI. Responsibilities 61

XII. Employee Rights and Privileges 61

XIII. Work Year 61

XIV. Facilities 62

XV. Summer School 62

XVI. Vacations and Holidays 62

XVII. Overtime 63

XVIII. Employee Evaluation 63

Appendix A – Salary Schedules

Full-time Custodians 65

Part-time Custodians 67

1. An employee who is resigning shall give thirty (30) days notice.

2. If a resigning twelve (12) month employee provides such notice, he/she shall receive pay for earned vacation according to the proportion of full months worked to the total contract year. Employees failing to provide such notice forfeit any earned vacation pay.

1. An employee who is terminated shall receive thirty (30) days’ notice of termination or thirty (30) days’ pay in lieu of notice unless the termination is for cause, in which event no notice is required.

Month of Hire Vacation Days
May, June 0
April 1
March 2
February 3
January 4
December 5
November 6
October 7
September 8
August 9
July 10

Five days of this pro-rated schedule may be taken during the second six months’ of service.

2004-2005 2005-2006 2006-2007

$572.75 $599.67 $626.66

ARTICLE Page

I. Salaries 69

II. Workday and Work Year 69

III. Maternity, Paternity, Child Rearing, and Adoption Leave of Absence 69

IV. Educational Improvement 72

V. Retirement/Death Benefit 72

Schedule A – Salary Schedules

Instructional Aides 73

Library Media Assistant 75

ARTICLE I

SALARIES

A. General Issues

1. The salaries of all employees covered by this Agreement are set forth in Schedule A, which is attached hereto and made a part hereof.
2. Placement on the salary schedule of new employees shall be determined by the Board of Education.

ARTICLE II

WORKDAY AND WORK YEAR

A. Library/Media Assistants

1. The workday shall consist of eight (8) hours per day, including a one-half hour unpaid lunch, for a total paid workday of seven-and-one-half (7.5) hours.

2. The work year shall consist of one hundred ninety (190) days per year between September 1 and June 30. (Optional) Between July 1 - August 30 up to an additional 60 hours may be scheduled with the approval of Building Principals.

1. The workday shall consist of seven (7) hours per day, including a one-half hour unpaid lunch, for a total paid workday of six-and-one-half (6.5.) hours.

2. The work year shall consist of one hundred eighty-one (181) days per year between September 1 and June 30 which includes all student school days and the day before school starts. Additional days may be offered on a voluntary basis during July and August.

1. The term “maternity leave” does not refer to involuntary absence from assigned duties solely during the period of pregnancy-related disabilities. Such an absence is governed by Article V (SICK LEAVE) of this Agreement.

2. The term “maternity leave” refers to a voluntary absence from active employment either:


a. commencing while the pregnant employee is physically able to effectively perform her duties and continuing through the period of a pregnancy-related disability, or

b. commencing after the end of a pregnancy-related disability for the purpose of child care.

1. This option is granted only to employees actively employed and not to those employees on maternity leave.
2. If, as a result of the pregnancy, an employee while actively employed becomes disabled prior to the four (4) week period of presumed disability, said employee may use any sick leave benefits to which she is entitled, providing that the employee’s physician provides the Board with a certificate attesting to her inability to continue working.
3. The Board reserves the right to verify the employee’s inability to continue working.
C. Maternity/Child Rearing Leave Procedures

Maternity/Child Rearing leave without pay shall be granted by the Board of Education in accordance with the following procedure:

1. Payment shall be made on evidence of satisfactory completion of the course.
2. Payment by the Board shall be for full tuition for approved courses.
3. The rate of payment for credited courses shall not exceed the New Jersey State College rate.
4. The maximum cost to the Board in any fiscal year shall not exceed $3,500.00 cumulative for members of this unit.
B. Employees may appeal to the Board for reimbursement on a case-by-case basis if costs exceed the maximum costs listed in item A. 4. above.

ARTICLE V

RETIREMENT/DEATH BENEFIT

A. Any Library/Media Assistant or Instructional Aide who has completed ten (10) or more years of service in the district and who retires from employment with the district for age and service or disability under the Public Employees’ Retirement System shall receive a retirement benefit payment of thirty dollars ($30) per day, for each day of accumulated sick leave up to a maximum of five thousand dollars ($5,000) per individual.

B. In the event an employee otherwise eligible for this benefit dies while actively employed by the District, this benefit shall be paid to the individual’s estate.

IN WITNESS WHEREOF, the parties hereto have caused the Agreement to be signed by their respective Presidents and authorized Representatives, all on the day and year noted below.

BRANCHBURG EDUCATION ASSOCIATION

By: L.S.
President/Date



BRANCHBURG BOARD OF EDUCATION

By: L.S.
President/Date


L.S.
Secretary/Date