4
Agreement
BETWEEN
THE MOUNTAIN LAKES BOARD OF EDUCATION AND THE MOUNTAIN LAKES EDUCATION ASSOCIATION FOR THE PERIOD JULY 1, 2002 TO JUNE 30, 2005
Preamble
This Agreement is entered into this 1st day of July, 2002 by and between the Board of Education of Mountain Lakes, New Jersey, hereinafter called the “Board” and the Mountain Lakes Education Association, hereinafter called the “Association”.
TABLE OF CONTENTS Article Page
Preamble
I Recognition 4
II Negotiation Procedure 5
III Grievance Procedure 5
IV Employee Rights 9
V Board Rights 10
VI Association Rights 11
VII Employee Work Year, Hours and Work Load 11
VIII Class Size 23
IX Non-Teaching Duties 23
X Salaries 26
XI Assignments and Employment Status 30
XII Vacancies and Transfers 31
XIII Employee Evaluation 33
XIV Employee-Administration Liaison 39
XV Employee Absence 39
XVI Extended Leaves of Absence 47
XVII Sabbatical Leave 49
XVIII Professional Development 51
XIX Exchange Teaching 54
XX Insurance Protection 55
XXI Deduction from Salary 56
XXII Miscellaneous Provisions 57
XXIII Reduction in Force 58
XXIV Tuition Reimbursement 59
XXV Representation Fee 60
XXVI Horizontal Advancement on Guide 63
XXVII Salary Schedules 64-77
Schedule A-1 – Teachers’ Salary Guide 2002-2003 64
A-2 – Teachers’ Salary Guides 2003-2004 65
A-3 – Teacher’s Salary Guides 2004-2005 66
Schedule B-1 – Extra Pay for Extra Services 2002-2004 67
B-2 – Extra Pay for Extra Services 2004-2005 68
Schedule C-1 – Secretaries Salary Guide 2002-2003 69
C-2 – Secretaries Salary Guide 2003-2004 70
C-3 – Secretaries Salary Guide 2004-2005 71
Schedule D – Paraprofessionals’ Salary Guides 2002-2005 72
Schedule E-1 – Custodial/Maintenance Salary Guides 2002-2003 73
E-2 – Custodial/Maintenance Salary Guides 2003-2004 74
E-3 – Custodial/Maintenance Salary Guides 2004-2005 75
Schedule F – Interpreters’ Salary Guide 2002-2005 76
Schedule G - Technology Salary Guide 2002-2005 77
XXVIII Sidebar Agreements 78
XXIX Duration of Agreement 79
ARTICLE I
RECOGNITION
A. The Board hereby recognizes the Association as the exclusive and sole representative for collective negotiations concerning the terms and conditions of employment for all audio technicians, bookkeepers, payroll personnel, custodial/maintenance personnel, secretaries/clerks, paraprofessionals, interpreters, technology personnel and all certificated personnel in the unit described below.
B. Unless otherwise indicated, the term “ teacher” or “teachers,” when used hereinafter in this Agreement, shall refer to all employees who are required to hold appropriate certificates issued by the State Board of Examiners including: teachers, guidance counselors, librarians, nurses, psychologists, speech therapists, social workers, learning consultants, and audiologists.
C. Unless otherwise indicated, the term “secretary” or “secretaries,” when used hereinafter in this Agreement, shall refer to all secretaries, clerks, payroll and bookkeeping personnel, and audio technicians employed by the Mountain Lakes Board of Education: excluding the secretary (ies) to the Superintendent and the secretary (ies) to the Board Secretary/Business Administrator.
D. Unless otherwise indicated, the term “paraprofessional” or “paraprofessionals,” when used hereinafter in this Agreement, shall refer to all paraprofessionals employed by the Mountain Lakes Board of Education.
E. Unless otherwise indicated, the term “custodian” or “custodians,” when used hereinafter in this Agreement, shall refer to all custodial/maintenance personnel employed by the Mountain Lakes Board of Education.
F. Unless otherwise indicated, the term “interpreter” or “interpreters” when used hereinafter in this Agreement, shall refer to all interpreters employed by the Mountain Lakes Board of Education.
G. Unless otherwise indicated, the “technology personnel” when used hereinafter in this Agreement, shall refer to the following employee classifications employed by the Mountain Lakes Board of Education:
“technician”, “computer tech” and “technology personnel”.
H. Unless otherwise indicated, the term “education support professional” when used hereinafter in this Agreement, shall refer to the following employee classifications employed by the Mountain Lakes Board of Education: “secretaries”, “paraprofessionals”, “custodial/maintenance”, “interpreters”, “technology personnel”, “audio technician”, and “school/community liaison”, such as the LINK coordinator.
Unless otherwise indicated, the term “employee(s)” when used hereinafter in this Agreement, shall refer to all “teachers” and all “education support professionals” as above defined.
I. All gender specific references shall be deemed to include both genders.
ARTICLE II
NEGOTIATION PROCEDURE
A. Consistent with NJSA 34:13A-1 et seq., the Board shall not effect any change in policy concerning terms and conditions of employment except those so negotiated and included as part of this Agreement and contained herein.
B. The Board agrees not to negotiate concerning said employees in the negotiating unit as defined in Article I of this Agreement with any organization other than the Association for the duration of this Agreement.
C. The Board and the Association agree to set procedural deadlines at the first meeting, which shall take place no later than the requirement of the PERC timetable.
D. This Agreement shall not be modified in whole, or in part, by the parties except by an instrument in writing, duly approved by both parties.
ARTICLE III
GRIEVANCE PROCEDURE
A. A grievance is a claim by any employee or the Association that there has been a violation of a term or terms of this Agreement, a Board policy, or an administrative decision which sets or affects terms and conditions of employment.
1. A grievant shall be defined as any employee, group of employees, or the Association.
2. A grievant shall have the right to file a grievance alone, or to designate representatives to appear with the grievant and to present arguments on the grievant’s behalf at any step of that procedure.
3. A group grievant shall have the right to designate representatives to appear with or for it at any step of the procedure; a member of the grieving group shall be present to clarify issues.
4. The right to have someone speak on the grievant’s behalf does not relieve the grievant of the responsibility to answer direct questions.
5. All parties to this Agreement shall be assured freedom from restraint, interference, coercion, discrimination, or reprisal in processing a grievance.
6. Time Limits
a. Failure at any step of this procedure to communicate the decision on a grievance within the specified time limits shall permit the grievant to proceed to the next step.
b. Failure at any step of this procedure to appeal a grievance to the next step within the specified time limits shall be deemed to be a waiver of further appeal of the decision.
c. Time for further study and investigations may be agreed upon by all the parties involved. This time period shall not exceed ten (10) work days.
7. A grievance to be considered valid must be initiated within thirty (30) days from the date of the incident or the date of actual implementation of the policy.
B. Level I
1. If a grievant believes there is a basis for a grievance, the grievant shall discuss the grievance with the immediate superior with the object of resolving the grievance informally.
2. The grievant may choose to bring a representative at this level if he believes this will enhance communication.
3. If the grievance is not resolved satisfactorily within five (5) work days, the grievant may proceed to Level II.
C. Level II
1. If, after Level I, an agreeable solution is not forthcoming, the grievant may submit a written grievance to the appropriate principal. This must be done within seven (7) work days of the decision at Level I. The written grievance shall set forth:
a. The sections of this contract of Board policy that have been violated or the administrative decision that sets or affects the terms and conditions of employment .
b. The nature and extent of the injury, loss or inconvenience.
c. The date of occurrence.
2. The principal shall meet with the involved parties not more than five (5) work days after receipt of the written grievance.
3. The principal shall communicate to the grievant the principal’s decision, in writing, along with the supporting reasons, within five (5) work days after such meeting.
D. Level III
1. If the principal’s decision is unacceptable, or if the matter exceeds the scope of the principal’s authority, the grievant may then submit the grievance within five (5) work days to the Superintendent.
2. The grievant, the principal, and any other party to the grievance, must present written statements to support their positions.
3. The Superintendent must meet with the parties not more than five (5) work days after receiving the grievance.
4. The Superintendent shall communicate the decision in writing, with supporting reasons, within five (5) work days, to the grievant, the principal, any other party to the grievance and the Chairperson of the Association Grievance Committee.
E. Level IV
1. If the Superintendent’s decision is unacceptable, the grievant may submit the grievance to the Board within seven (7) work days after receipt of the Superintendent’s decision. The grievant will notify the Superintendent and the Board in writing of intent to appeal the decision.
2. The grievant and the Superintendent shall make written presentations of their positions, together with supporting evidence, to the Board within five (5) work days after the notice of intent.
3. After such presentations, the Board will have ten (10) work days to render its decision.
4. The Board may on its own initiative or upon the request of the grievant, conduct a hearing wherein the grievant shall have the opportunity to make a presentation. The hearing may be open to the public only by mutual agreement.
F. Level V
1. If the grievance affects a teacher, and the Board’s decision is unacceptable or not rendered within the next ten (10) work days, the grievance may be appealed in writing within the (10) work days to advisory arbitration.
2. The Board’s decision shall not be subject to arbitration in the following matters:
a. Any matter for which a specific method of review is prescribed and expressly set forth by law or any rule or regulation of the State Commissioner of Education, or
b. A complaint of a non-tenured teacher which arises by reason of the non-tenured teacher not being re-employed, or
c. A complaint by any teacher occasioned by appointment to or lack of appointment to, retention in or lack of retention in any position for which tenure either is not possible or not required.
G. Procedure for Securing the Services of an Arbitrator
1. Either party may request the Public Employment Relations Commission (PERC) to submit a roster of persons qualified to function as arbitrators.
2. If the parties are unable to agree upon a mutually satisfactory arbitrator from the submitted list, they will request the Public Employment Relations Commission (PERC) to submit a second roster of names.
3. If agreement cannot be obtained on an arbitrator from the second roster of names, the Public Employment Relations Commission (PERC) may be requested by either party to designate an arbitrator.
4. The arbitrator will confer with the parties and hold hearings promptly and will issue a decision not later than twenty (20) days after the close of the hearing. The arbitrator’s decision shall be in writing and shall set forth findings of fact, the arbitrator’s reasoning and conclusions. The decision shall be considered as advisory by both parties.
5. The cost of arbitration shall be shared equally by the parties involved.
ARTICLE IV EMPLOYEE RIGHTS
A. TEACHERS
1. No teacher shall have an increment or raise withheld, be disciplined, reprimanded, reduced in rank or compensation or be deprived of professional advantage without just cause.
a. An increment is a change in salary due to the next step of the guide.
b. A raise is a change in salary at the same step.
2. Whenever a teacher is formally required to appear before the Superintendent or Board, concerning any matter which directly affects the continuation of that teacher in office, position or employment or the salary or any increments pertaining thereto, the teacher shall be given written notice at least five (5) school days in advance.
a. The notice shall state the reasons for such meeting or interview.
b. The notice shall list all those to be present at such meeting or interview.
c. The teacher shall be entitled to have a representative or representatives present for advice and counsel during such meeting or interview. Those names shall be forwarded to the Superintendent at least one day in advance of the meeting.
3. Insofar as possible, every teacher shall be notified in writing by May 30th as to whether an increment or raise will be withheld or employment terminated for the next school year.
4. Teachers who intend to accept a contract for the following year will so notify the Superintendent by June 15th.
B. EDUCATION SUPPORT PROFESSIONAL
1. No education support professional shall have an increment or raise withheld, be disciplined, reprimanded, reduced in rank or compensation or be deprived of professional advantage without just cause.
a. An increment is a change in salary due to the next step of the guide.
b. A raise is a change in salary at the same step.
2. Whenever an education support professional is formally required to appear before the Board, concerning any matter which directly affects the continuation of that education support professional in his/her position, employment, or salary the education support professional shall be given written notice at least five (5) work days in advance:
a. The notice shall state the reasons for such meeting or interview.
b. The notice shall list all those to be present at such meeting or interview.
c. The education support professional shall be entitled to have a representative or representatives present for advice and counsel during such meeting or interview. Those names shall be forwarded to the Superintendent at least one day in advance of the meeting.
3. Insofar as possible, education support professionals shall be notified in writing May 15th of their employment status. Insofar as possible, all education support professionals shall be given notice of their annual assignment no later than thirty (30) days after the above employment status notification dates; however, the Board reserves the right to reassign education support professionals at any time.
4. Insofar as possible, education support professionals who intend to accept a contract for the following year will so notify the Superintendent by June 1st.
ARTICLE V
BOARD RIGHTS
The Board, subject only to the language of this Agreement, reserves to itself full jurisdiction and authority over matters of policy and retains the right, in accordance with applicable laws and regulations:
A. To direct employees of the school district.
B. To hire, promote, transfer, assign, and retain employees in positions within the school district and to suspend, demote, discharge or take other disciplinary action against employees.
C. To relieve employees because of reduced work load or other legitimate reasons.
D. To determine the methods, means and personnel by which school operations are to be conducted.
E. To maintain the efficiency of the school district operations entrusted to them, and
F. To take whatever actions might be necessary to carry out the function of the school district.
ARTICLE VI
ASSOCIATION RIGHTS
The Association will receive a copy of the Board’s agenda and minutes prior to each public Board meeting.
ARTICLE VII
EMPLOYEE WORK YEAR, HOURS AND WORK LOAD
A. TEACHERS
1. All other aspects of the teachers’ work year shall remain as provided in past practices existing prior to this Agreement. That is, 181 days when students are in attendance, 184 days when teachers are in attendance.
a) Staff new to the district may be invited to participate in orientation prior to the start of the school year.
2. Check-in
a. As professionals, teachers are expected to devote to their assignments the time necessary to meet their responsibilities. They shall not be required to clock in or out by hours and minutes. Teachers shall indicate their presence for duty by placing initials in the appropriate column of the faculty sign-up roster if the building principal requires it.
3. Professional Responsibilities
a. Teachers will provide extra-help for students and supervise extra-curricular activities as well as participate in curriculum work.
b. Committee heads, principals and the Superintendent shall notify teachers in writing at least one week in advance of planned committee meeting dates. This interval may be shortened only under extraordinary circumstances.
c. Teachers shall not be arbitrarily assigned to committees as a matter of administrative policy.
d. No teacher is routinely expected to participate in more than two (2) meetings in one (1) week.
e. Each teacher shall be required to attend one (1) Back-to-School Night per year.
f. Teachers of grades Kindergarten through Grade Eight shall hold parent conferences for all parents between the opening of school and mid-winter recess. Coverage will be provided when necessary to schedule these conferences during the school day.
4. Teaching Hours and Load
a. Wildwood Elementary School and Lake Drive School
1. Student-contact time shall not exceed twenty-five (25) hours + ten (10) minutes per week.
2. There will be a minimum forty (40) minute daily, duty-free lunch period.
3. There will be a minimum of two hundred fifteen (215) minutes per week for preparation and planning during which no other duties shall be assigned.
b. Briarcliff Middle School and Mountain Lakes High School
1. Weekly teaching load shall not exceed fifty (50) mods; however, teachers may be assigned increased teaching loads in accordance with the conditions set forth in Sub-section C.3. herein below.
2. One mod is twenty-three (23) minutes in length.
3. There will be the equivalent of ten (10) mods weekly for planning and preparation during which no other duties may be assigned.
4. There will be the equivalent of twenty (20) mods weekly of non-teaching involvement which may be assigned at the sole discretion of the administration. Said activities shall include, but not be limited to the following: extra-help involvement, supervisor involvement, additional extra-help, inservice training, curriculum reporting, preparation for monitoring, preparation for Middle States Evaluation, preparation for the U.S. DOE Recognition Programs, staff development, and special activities or responsibilities arising from extra curricular assignments during the day.
5. There shall be one (1) mod daily for a duty-free lunch.
6. Teachers shall not teach more than two (2) subject areas nor have more than four (4) teaching preparations at any time.
7. One preparation shall be separate from another preparation by virtue of its title and course description.
1. A sixth (6th) teaching assignment shall be proportionately compensated at the rate of twenty percent (20%) of the individual teacher’s annual contracted salary. Said compensation shall be based upon the assumption of ten (10) additional mods of teaching per week for a full school year.
2. Any teacher who is assigned a sixth (6th) teaching assignment shall not be assigned “non-teaching involvement” under Subsection 4.b. However, any such teacher may be assigned homeroom duties.
3. Remuneration for assignments other than those explained under Subsection 1.c. herein above shall be adjusted proportionately.
4. The Board agrees that it shall not assign any teacher to more than six (6) teaching assignments.
d. Part-time Definition
A teacher who teaches less than full-time at a single level shall have instructional and preparation time computed as follows:
The number (#) of allowable instruction and preparation minutes multiplied (x) by the percentage (%) of time at each level equals (=) the number of minutes of instructional and preparation time assigned.
B. SECRETARIES1. Regular Work Schedule
a. The starting and ending times for secretaries shall be established by the Superintendent.
b. Secretaries employed twelve (12) months per year shall work seven (7) hours per day, five (5) days per week, with an additional hour off for lunch. Said personnel shall report to work during school vacation periods and holidays unless otherwise directed by the Superintendent. During the months of July and August, secretaries shall work six and one-half (6 l/2) hours per day, five (5) days per week, with an additional hour for lunch.
c. Secretaries employed for ten (10) months per year shall work seven (7) hours per day, five (5) days per week, with an additional hour off for lunch. Said secretaries shall be entitled to the same holidays and vacation periods as the teaching staff.
d. Each full-time secretary who works a seven (7) hour day shall receive a fifteen (15) minute break during the a.m. and another fifteen (15) minute break during the p.m. During “summer hours,” secretaries shall receive one fifteen (15) minute break per day.
e. Emergency Closings, Delayed Openings and Early Dismissal
1. On any day when schools are closed due to an emergency (including weather emergencies) that same emergency shall be understood to exist for all secretaries and they shall be excused from work on such days. Under such circumstances, secretaries shall suffer no loss of pay on such days.
2. On any day when schools are closed earlier than usual due to emergency (including weather emergencies), that same emergency shall be understood to exist for all secretaries and every effort shall be made to release them as soon as practicably possible. Secretaries shall suffer no loss of pay for such closings.
3. On days designated as delayed openings for students, secretaries shall be required to report for work no sooner than the normal starting time adjusted by the length of the delay.
2. Overtime
a. The Board will compensate authorized overtime work in accordance with the Fair Labor Standards Act. “Overtime work” is defined as work in excess of forty (40) hours in a single work week, not including compensatory time off, time off for any other reason, or time during which the secretary voluntarily substitutes for another secretary in the same work category. For purposes of Section b. herein, all authorized overtime shall be rounded to the nearest quarter (l/4) hour; however, the Board shall neither record nor pay for incidental time worked - i.e. thirty (30) minutes or less of overtime work at any given time on any given day.
Under the above circumstances, the hourly rate to be used in determining overtime pay for secretaries shall be calculated as follows:
Twelve (12) Month Secretaries
Full-time annual salary divided by fifty-two (52) weeks divided by thirty-five (35) hours.
Ten (10) Month Secretaries
Full-time annual salary divided by forty-three weeks divided by thirty-five (35) hours.
b. Secretaries who work authorized overtime shall earn compensatory time at the rate of one and one-half (1 1/2) hours for every hour of overtime worked, in lieu of overtime compensation. Such secretaries may accrue compensatory time to a limit of two hundred forty (240) hours. All authorized overtime beyond the two hundred forty (240) hours shall be paid at the rate of one and one-half (1 1/2) times the secretary’s regular rate.
c. A secretary who has unused accrued compensatory time when his/her employment is terminated shall be paid, upon termination, for the unused time at a rate of pay not less than (1) the average rate received by the secretary during the last three years of employment or (2) the final regular rate received by the secretary, whichever is higher.
d. A request for the use of compensatory time shall be submitted to the secretary’s supervisor and must be approved by the Superintendent or her designee. A secretary will be permitted the use of accrued compensatory time within twelve (12) months of her request for time off. Said request shall not be unreasonably denied.
e. Compensatory time shall be recorded by the secretary’s supervisor and must be approved by the superintendent or her designee. A quarterly report shall be provided to each secretary for her own record keeping.
3. Vacations
a. All secretaries continuously employed on a twelve (12) month basis will be allowed annual vacation in accordance with the following schedule:
Years of Service Vacation Days
1 to 5 10
6 11
7 12
8 13
9 14
10 - 14 15
15 or more 20
All secretaries hired before September 1, 1989, as continuously employed, twelve (12) month employees shall continue to receive twenty (20) vacation days annually. Thereafter, the schedule set forth in Subsection 3.a. herein above shall apply.
b. For less than one (1) year of service, vacation shall be earned at the rate of one (1) day per month worked after completion of the first two (2) full months of work.
c. Said vacation days shall be scheduled by mutual agreement between the secretary and his/her immediate superior.
d. All vacation days must be utilized prior to December 31 following the contract year in which they were earned unless some part of it shall not have been taken at the Board’s request. In such event the secretary may, at the discretion of the Board, carry the unused portion over to the following year or be paid on the basis of the salary in effect when the vacation was earned.
4. Holidays
a. All 12-month secretaries shall receive the following holidays:
Labor Day New Year’s Eve Memorial Day
Thanksgiving Day New Year’s Day Fourth of July
Christmas Eve Presidents’ Day
Christmas Day Good Friday
b. In addition, all 12-month secretaries shall receive three (3) additional holidays as listed annually by the Board.
c. Any 12-month secretary who wishes to receive holidays in addition to 4-a and 4-b listed above may use accrued compensatory time as per Article VII, Section B-2.
d. Secretaries who are required to work on the holidays cited above shall be paid for the hours worked at double (2X) the hourly rate or, with the consent of the Superintendent, may elect to receive proportionate time off, at the rate of two (2) hours for every one (1) hour worked.
e. The Board shall issue to each secretary a list of the holidays for the next succeeding working year not later than June 1st of the preceding work year.
C. PARAPROFESSIONALS
1. Full-time Work Schedule
a. All paraprofessionals shall work the number of hours and days for which they are contracted.
b. All full-time paraprofessionals shall work the equivalent of one hundred eighty-six (186) days per school year.
c. All paraprofessionals who work beyond their regularly contracted work day/work year shall be compensated at their hourly rate of pay up to forty (40) hours per week; thereafter, paraprofessionals shall be compensated in accordance with the provisions of the Fair Labor Standards Act.
d. Work year: Paraprofessionals working beyond the equivalent of 186 days will be compensated at their regular daily rate.
e. Paraprofessionals who, upon the approval of their principal, voluntarily attend meetings beyond their contracted day shall be compensated at a percentage of their per diem rate.
f. When a paraprofessional is assigned to substitute for a classroom teacher, he will be paid fifty percent (50%) of a substitute’s daily rate in addition to his own daily rate for each day he is assigned without a substitute teacher or paraprofessional.
g. No non-certificated paraprofessional shall be assigned to substitute for a classroom teacher.
D. CUSTODIAL/MAINTENANCE EMPLOYEES1. Full-time Work Schedule
a. All full-time custodial/maintenance employees shall work eight (8) hours per day, five (5) days per week, including a one (1) hour meal break; in addition said employees shall receive a daily fifteen (15) minute morning break.
b. Custodial/maintenance employees shall report to work during school vacation periods and holidays unless said days are otherwise listed as official holidays for custodial/maintenance employees under Section 4. herein below; such employees also shall report to work when schools are closed for inclement weather.
c. The starting time for custodial/maintenance employees shall be established by the principal of the building to which he/she is assigned.
d. When on duty, no custodian may leave the property without the consent of the building principal.
e. Each day, all custodial/maintenance employees shall sign a time sheet in the office indicating the time of arrival and departure from the building.
f. On days when schools are closed for inclement weather, custodial/maintenance employees will work a six (6) hour shift including a fifteen (15) minute break in the morning and a one-half (1/2) hour lunch break.
1. Overtime
a. The Board will compensate authorized overtime work in accordance with the Fair Labor Standards Act. “Overtime work” is defined as work in excess of forty (40) hours in a single work week, not including compensatory time off, time off for any other reason, or time during which a custodial/maintenance employee voluntarily substitutes for another custodial/maintenance employee. For purposes of subsection e. herein, all authorized overtime shall be rounded to the nearest quarter (1/4) hour; however, the Board shall neither record nor pay for incidental time worked - i.e., thirty (30) minutes or less of overtime work at any given time on any given day.
b. Custodial/maintenance employees who work authorized overtime shall be paid at the rate of one and one-half (1 .5) times the custodial/maintenance employee’s regular rate. When such authorized overtime occurs on designated holidays as set forth in this Agreement under Subsection 4. below, overtime shall be paid at the rate of two and one-half (2 .5) times the custodial/maintenance employee’s regular rate - i.e., one and one-half (1 .5) time plus the day.
Under the above circumstances, the hourly rate to be used in determining overtime pay for full-time custodial/maintenance employees shall be calculated as follows: Annual salary divided by fifty-two (52) weeks divided by forty (40) hours.
c. No overtime shall be worked by a custodial/maintenance employee without the express advance approval of the principal, Superintendent, or Superintendent’s designee.
d. Overtime work will be allocated based on a listing of custodial employees by building seniority and a separate listing of maintenance employees by district seniority. All overtime work will be offered using the appropriate list as required. If a custodial/maintenance employee is called and is not available, his name will be moved to the bottom of the respective list. If no custodial or maintenance employees volunteer to work, the supervisor or principal shall assign the work based upon the individual’s ability to do the job within the specific job classification.
Under such circumstances, every attempt will be made to assign such involuntary overtime based on district seniority.
e. Custodial/maintenance employees who are “called in” to work before or after their normal shift shall be guaranteed a minimum of two (2) hours at overtime rate.
3. Vacations
a. 1. All custodial/maintenance employees initially employed prior to July 1, 1994 and continuously employed on a twelve (12) month basis will be allowed annual vacation in accordance with the following schedule:
Years of Service Vacation Days
1 to 5 13
6 14
7 15
8 16
9 17
10 to 14 18
15 or more 20
2. All custodians/maintenance employees initially employed on or after July 1, 1994 and continuously employed on a twelve (12) month basis will be allowed annual vacation in accordance with the following schedule:
Years of Service Vacation Days
1 to 5 10
7 12
8 13
9 14
10 to 14 15
15 or more 20
b. For less than one (1) year of service, vacation shall be earned at the rate of one (1) day per month worked after completion of the first, two (2) full months of work.
c. Said vacation days shall be scheduled by mutual agreement of the custodial/maintenance employee and his/her immediate superior.
d. All vacation days must be utilized prior to December 31 following the contract year in which earned unless some part of it shall not have been taken at the Board’s request. In such event the custodial/maintenance employee may, at the discretion of the Board, carry the unused portion over to the following year or be paid on the basis of the salary in effect when the vacation was earned.
4. Holidays
a. All custodial/maintenance employees shall receive the following holidays:
Thanksgiving Day Memorial Day
Christmas Day July 4th
New Year’s Day Labor Day
b. In addition, all full-time custodial/maintenance employees shall receive three (3) additional holidays as listed annually by the Board.
c. The Board shall issue to each custodial/maintenance employee a list of the holidays for the next succeeding work year not later than June 1st of the preceding work year.
E. INTERPRETERS
1. Full-time Work Schedule
a. Interpreters will work a seven (7) hour day.
b. Interpreters will work 181 days when students are in attendance, 184 days when teachers are in attendance. 1.5 of the days scheduled as professional development days will be used for professional development. 1.5 of the days scheduled as professional development days will be used for providing interpreting services for Deaf and hard of hearing faculty and staff.
c. There will be one non-interpreting period daily, during which interpreters will not be required to perform tasks that would require repetitive hand and arm motions.
d. There will be one period daily for duty-free lunch.
e. Interpreters who substitute for an absent interpreter or who are assigned to interpret meetings during a non-interpreting period will be compensated per additional period at the rate of full-time annual salary divided by 200 divided by 7.
f. Interpreters who work beyond 3:00 p.m. shall be compensated at their hourly rate of pay for those hours worked until 6:00 p.m., and will be compensated at 1 1/2 times their hourly rate after 6:00 p.m. Hours in excess of 40 per week during the week will be compensated at 1 1/2 times their hourly rate. Hourly rates are computed as annual salary divided by 200 divided by 7.
g. Saturday, Sunday and vacation pay rates will be at 1 1/2 times the interpreter’s hourly pay rate, with the exception of the following holidays which will be paid at two (2) times their hourly salary.
Labor Day New Year’s Day
Thanksgiving Day President’s Day
Christmas Eve Good Friday
Christmas Day Memorial Day
New Year’s Eve July 4th
h. When an assignment causes an interpreter to be away overnight, interpreters shall be paid according to the schedule above; sleep time will be paid at 1/2 the interpreter’s hourly rate.
2. Part-Time Definition: An interpreter who interprets less than full time shall have interpreting and preparation time computed as follows:
The number of allowable interpreting and preparation minutes/periods multiplied by the percentage of time equals the number of minutes/periods of interpreting and preparation time assigned.
3. Interpreting for Extracurricular Activities
a. Interpreters who are contracted to provide full-time or part time interpreting services during the school day will be compensated as written above in addition to the following:
b. Interpreters who are not assigned for one hour or longer between assignments shall be compensated at half (1/2) their hourly rate of pay for their waiting time up to a maximum of one (1) hour’s pay.
ARTICLE VIII
CLASS SIZE
It is recognized by the Board that class size is an important aspect of an effective educational program. The Board agrees to continue its effort to keep class size at an acceptable number as dictated by sound educational practice, the financial conditions of the district, the building facilities available, the availability of qualified teachers, and the best interests of the district.
ARTICLE IX
NON-TEACHING DUTIES A. TEACHERS
1. The Board and the Association acknowledge that a teacher’s primary responsibility is to teach. The teacher’s energies should to the extent possible, be utilized to this end.
2. Teachers shall not be required to perform the following duties:
a. Non-professional assignments, including milk distribution, supervision of sidewalks and bus loading.
b. Keeping register and permanent record cards.
3. Supervision of Clubs and Activities
a. Teachers shall not be arbitrarily assigned to clubs, and activities, as a matter of administrative policy.
b. Teachers will supervise clubs and activities where student interests and the teacher’s abilities require their services.
c. Teachers shall not be required to supervise more than one club or activity which is active throughout the school year.
4. Teachers shall not be required to drive students to activities which take place away from the school building. A teacher may do so voluntarily with the advance approval of the teacher’s principal.
a. A teacher shall be compensated at the rate set forth in Article XVIII A., for the use of the teacher’s own automobile.
b. A teacher, coach or paraprofessional who possesses the appropriate license and utilizes a vehicle provided by the Board of Education for after school interscholastic sporting events or extra-curricular activities shall be compensated at the rate of forty dollars ($40) per event. The Board of Education shall provide the time and training, and assume cost of said license for any teacher, coach or paraprofessional who agrees, upon request of the Board, to obtain such a license.
c. A teacher who possesses the appropriate license and who requests to use a vehicle provided by the Board of Education to transport students to extra-curricular activities during school hours shall submit a request to the Superintendent at least two (2) weeks in advance. Under such circumstances, no compensation shall be granted.
5. Staff who chaperone approved curricular overnight trips at will be paid at a rate of $125 per night.
6. Behavior and Control
a. Student control in the classroom is the responsibility of the teacher in charge.
b. Control of students directly participating in an extra-curricular activity is the responsibility of the teacher in charge of that activity.
c. Detention assigned by individual teachers shall be handled by individual teachers.
d. Student control is a mutual responsibility of teachers and administrators in all areas of the school at all times. It is both appropriate and necessary for teachers to assist administrators from time to time when special need arises in the supervision of students in areas not directly associated with the teacher’s primary assignment.
B. INTERPRETERS
1. The Board and the Association acknowledge that an interpreter’s primary responsibility is to interpret. The interpreter’s energies should, to the extent possible, be utilized to this end.
2. Interpreters shall not be required to perform the following duties:
a. Non-professional assignments, including milk distribution, supervision of sidewalks.
b. Record-keeping such as attendance, grades, permanent records, etc.
3. Interpreters shall not be required to drive students to activities that take place away from the school building.
4. Behavior and Control
a. The board acknowledges that student management is the responsibility of the appropriately certified personnel. Interpreters are not primarily responsible for controlling the behavior of deaf or hard of hearing students.
It is appropriate and necessary for interpreters to be assigned to interpret for teachers and administrators charged with the supervision of deaf or hard of hearing students. Such assignments will be counted toward the interpreter’s assigned time.
ARTICLE X
SALARIES
A. TEACHERS
1. The salaries for all teachers covered by this Agreement are set forth in Schedule A. Said Schedule, which is attached hereto and made a part hereof.
2. Annual increments and/or raises, as set forth in the teacher’s salary guide now in effect, shall not be considered automatic.
3. Annual increments and/or raises, as set forth in the teacher’s salary guide now in effect, may be withheld when, in the judgment of the Board, the performance of a teacher is judged less than satisfactory, based on the provisions of Article XIII, Employee Evaluation, A. TEACHERS.
4. Teachers must notify the Board through the Superintendent, in writing, of any anticipated changes in salary level by November 1 of the year preceding the contract year to which the level change becomes effective.
5. Movement from one degree level of the guide to another shall be as follows:
a. If the change in degree or credit status takes place between September 1 and January 31,the movement on the guide shall be on the first day of the February following the change.
b. If the change in degree or credit status takes place between February 1 and August 31, the movement on the guide shall be on the first day of September following the change.
c. Change in degree or credit status must be supported by official transcripts or official notification from the college or university to be followed by the official transcripts.
6. Any teacher employed to work during the summer months shall be paid at the rate of two and one-quarter percent (2 1/4%) of the teacher’s annual salary for that fiscal year for each week worked. A week is hereby defined as five (5) school days.
7. The salaries for seasonal extra-curricular activities (Schedule B) shall be paid in two (2) equal installments during each particular activity season. The second installment shall be held until all activity supervision obligations have been met, as determined by the appropriate administrator.
8. A teacher who has worked one hundred (100) consecutive days under contract during any single school year shall receive a full year’s credit towards the next increment on the salary guide. This in no way implies a change in the current tenure policy.
9. The Board shall deduct from the salaries of teachers, who wish to participate, a specified dollar amount to be deposited in a tax shelter annuity plan chosen by the teacher. The number of tax shelter annuity options shall not exceed eleven (11) plans. Said deductions shall be made twice per month (each pay period) and forwarded promptly to the plan.
10. INSERVICE TRAINING
a. If the Board of Education offers in-service training outside the teacher’s regular workday, teachers choosing to attend will be paid $125.00 per five hour in-service training day, $150.00 per six hour in-service training day, or will receive credit toward horizontal movement on the salary guide. The Superintendent will specify which form(s) of compensation is (are) being offered and which category of teachers will be eligible to participate in the program. Teachers shall not be required to attend these in-service training sessions.
11. SUMMER CURRICULUM WORK
a. Teachers employed during the summer for work on and completion of curriculum projects shall be paid one thousand dollars ($1,000.00) per project. The Superintendent shall determine the number of teachers to be assigned to each summer curriculum project. Each curriculum project, when advertised, shall contain a list of specific outcomes. Completion of the project is defined as effectuation of the stated outcomes.
B. SECRETARIES
The Board shall compensate full-time secretaries in accordance with the Salary Schedule D. Part-time secretaries shall be compensated in accordance with Salary Schedule D, prorated to their part-time service.
C. PARAPROFESSIONALS
The Board shall compensate all paraprofessionals in accordance with the Salary Schedule E - Table of Hourly Rates. A paraprofessional’s annual salary shall be calculated by multiplying the number of hours worked per year X the employee’s hourly rate. For purposes of this provision, the number of hours worked per year shall be determined by multiplying the paraprofessional’s approved number of regular hours worked per day X the approved number of regular days he/she is authorized to work per year.
D. CUSTODIAL/MAINTENANCE EMPLOYEES
The Board shall compensate full-time custodial/maintenance employees in accordance with the Salary Schedule F. Part-time custodial/maintenance employees shall be compensated in accordance with Salary Schedule F, prorated to their part-time service.
Black Seal Boiler License
Custodial/maintenance employees who possess a valid Black Seal Boiler license shall receive an additional amount as described below per year in addition to their normal salary as described herein above in Subsection 1.
The stipend shall be paid as follows:
2002-2003: $300.00
2003-2004: $425.00
2004-2005: $500.00
E. INTERPRETERS
1. The Board shall compensate all interpreters in accordance with salary schedule G. Part time interpreters shall be compensated in accordance with Salary Schedule G, pro-rated to their part time service.
2. Interpreters must notify the board through the superintendent, in writing, of any anticipated changes in salary level by November 1st of the year preceding the contract year to which the level change becomes effective.
3. Movement from one degree level of the guide to another shall be as follows:
a. If the change in degree or credit status takes place between September 1 and January 31, the movement on the guide shall be on the first day of the February following the change.
b. If the change in degree or credit status takes place between February 1 and August 31, the movement on the guide shall be on the first day of September following the change.
c. Change in degree or credit status must be supported by official transcripts or official notification from the college or university to be followed by the official transcripts.
4. The board shall deduct from the salaries of interpreters, who wish to participate, a specified dollar amount to be deposited in a tax shelter annuity plan chosen by the interpreter. The number of tax shelter annuity options shall not exceed the current eleven (11) plans. Said deductions shall be made twice per month (each pay period) and forwarded promptly to the plan.
5. If the Board of Education offers in-service training outside the interpreter’s regular work day, interpreters who, upon the approval of their principal, attend such training, will attend in lieu of a scheduled non-interpreting in-service training day or will be paid $125.00 per five hour in-service training day, or $150.00 per six hour training day. The Superintendent will specify which form(s) of compensation is (are) being offered and which interpreters will be eligible to participate in the program. Interpreters shall not be required to attend these in-service training sessions.
F. CREDIT UNION
All employees may elect to have a specific amount deducted from their semi-monthly paychecks and forwarded to the Tri-Co Federal Credit Union, Morristown, New Jersey, in an interest bearing account in their respective names. Said deductions shall be made to Tri-Co within five (5) work days of each pay date.
G. PAY DAYS
1. Employees shall be paid twice per month in equal installments (annual salary divided by twenty-four) for twelve (12) month employees; annual salary divided by twenty (20) for ten (10) month employees.
2. Ten (10) month employees shall receive the first September paycheck by the 10th of September. After September 15th all employees shall be paid on the last working day closest to the 15th and the last working day of the month.
H. The salary base for negotiation purposes for each classification of employee, shall be the last year of the current contract base salary for all the employees in the classification.
I. LONGEVITY
Beginning in 2004-2005 upon completion of 13 years of service, all Education Support Professionals will receive a one-time payout of $1000.00.
J. SICK LEAVE PAYOUT
Upon completion of 15 consecutive years of service in the Mountain Lakes School District, Education Support Professionals retiring shall be compensated for unused sick days as specified in Article XV Section 6.
ARTICLE XI
ASSIGNMENT AND EMPLOYMENT STATUS
A. TEACHERS
1. All teachers shall be given written notice of their salary schedule at the time of signing of contracts or receipt of letters of agreement.
2. All teachers shall be given their building assignments, subject areas, grade levels and anticipated courses, no later than the first of June. Every effort shall be made to give such information as early as possible.
3. These assignments shall not be changed unless there is no other practical recourse.
4. Staff who intend to retire will notify the Board of Education in writing on or before the first day of February. Exceptions will be made in unusual circumstances by the Superintendent of Schools.
B. EDUCATION SUPPORT PROFESSIONAL
1. Assignment
The Board reserves the right to assign and reassign education support professional to the positions for which they are qualified and in which their service will best serve the operation of the district.
2. Part-time Employment Status
a. Part-time education support professionals will be compensated at a prorata portion of his/her appropriate placement on the salary schedule.
b. Part-time education support professionals shall receive all benefits and entitlements on a prorata basis except Insurance Protection as described in Article XX herein, which shall not be provided unless the education support professional is regularly employed a minimum of twenty (20) hours per week.
3. Termination of Employment
Each education support professional shall give sixty (60) days prior written notice to the Board of intent to resign. Failure to provide sufficient notice of resignation shall result in payment only through the last day of his/her service.
ARTICLE XII
VACANCIES AND TRANSFERS
A. TEACHERS
1. It is the policy of the Board to encourage the professional development and the advancement of its teachers.
2. With this policy in mind, the Board will notify all of its teachers of all positions as vacancies arise.
3. A list, to be maintained by the Superintendent and available to the President of the Association, will include all teaching positions, administrative posts and extra-pay positions.
a. A listing of the above positions shall be circulated during the regular building meetings in September and January.
b. All staff members who are certified, qualified and interested in any of these positions will so indicate their interest by checking those positions and signing their names.
c. The qualifications, duties and responsibilities for all positions shall be clearly set forth in writing.
1. Copies of the written qualifications, duties, etc. shall be in each school and made available to all staff members.
2. These qualifications, duties, etc. shall not be changed during the school year unless mutually agreed upon by the parties to this Agreement.
3. The qualifications, etc. set forth for a particular position shall not be changed when such future vacancies occur unless the Association has been notified in advance of such changes and the reasons therefore.
4. As vacancies arise within the school year:
a. They will be posted in appropriate and conspicuous places.
b. All teachers, who have indicated interest, shall be notified in writing immediately.
c. All Personnel who desire to apply shall, within five (5) school days, notify the Superintendent directly in writing. All such notifications shall be acknowledged in writing.
5. As vacancies arise during the summer:
a. All teachers who have indicated interest in the positions shall be notified by certified mail at their summer address.
b. Personnel who desire to apply shall, within two (2) weeks, notify the Superintendent directly in writing. All such notifications shall be acknowledged in writing. The initial teacher reply may be by telephone or in person.
6. There shall be at least a two (2) week time period, to begin upon the mailing of the notification to the interested staff members, to allow for proper communications (to mean acknowledgments, interviews, or any other form of communication) prior to the signing of a contract.
B. EDUCATION SUPPORT PROFESSIONALS
1. Notice of vacancies shall be posted for all qualified education support professional positions.
2. The Board will consider the request of an education support professional who requests a transfer to a new position. Said transfer may be granted if, in the opinion of the Superintendent, such transfer is determined to be in the best interest of the school district.
3. In considering any transfer, the Superintendent shall base the choice on the education support professional’s success in former positions; their length of service in the district; the recommendation of their supervisor; the operational efficiency advanced by the proposed transfer; and most importantly, the skills and abilities of the education support professional to perform the duties and responsibilities of the job at a high level of performance.
ARTICLE XIII EMPLOYEE EVALUATION
A. TEACHERS
1. The primary purpose of teacher evaluation shall be to improve teacher performance.
2. (3-5-3 Rule)
a. All formal evaluations of the work performances of a teacher shall include personal observations of a properly certificated administrator.
b. All evaluations shall be in writing using the current Teacher Evaluation/Observation Tool. This instrument may be refined from time to time after the staff and administration have conferred on refinements to be made.
c. The teacher shall be allowed three (3) school days in which to respond to any evaluation.
d. Teachers shall be evaluated consistent with NJAC (6:3-4.1 – 4.3)
e. Within three (3) days of the observation, there will be a conference with the observer.
f. Within five (5) days of the conference the teacher shall receive a written report.
g. Annually each employee shall receive a written evaluation three (3) days prior to a meeting with his supervisor to review the content of the evaluation.
3. Mandatory Evaluations
1. Shall receive their first observation not later than October 31 and
2. Shall receive at least four (4) written evaluations throughout the school year.
1. Shall receive their first observation and evaluation by the end of January, and
2. Shall have at least one additional evaluation prior to the end of the school year.
c. Procedure for Evaluations
1. Evaluations shall be spaced throughout the course of the school year.
2. Evaluations shall be a minimum of one full class or lesson in length.
3. The observation may be preceded by a conference between the teacher and the evaluator.
4. In the event a teacher’s evaluation is unsatisfactory, suggestions for improvement shall be written.
d. The signing of any evaluation by a teacher shall imply only that the teacher has received and read the document.
e. All evaluations and conferences must be completed before contracts are issued.
B. SECRETARIES
1. The primary purpose of evaluation shall be to improve performance, determine annual salary adjustments/raises, and to provide a basis of recommendation for continuous employment.
a. Annual adjustments/raises shall require favorable reports covering the secretary’s competence and thoroughness in the performance of assigned duties as well as the secretary’s record of attendance and compliance with district procedures and regulations.
b. The Superintendent shall base a recommendation for wage freeze or increment denial on evaluations of the secretary’s performance and conduct.
2. Evaluation Procedures
a. The evaluation process shall provide for the recognition and commendation of effective performance, the identification and remediation of performance deficiencies, and the recommendation of discipline or dismissal when a secretary fails to remediate the identified deficiencies within a reasonable time period.
b. Each secretary shall be informed of the specific objectives of his/her position, the standards that will be used to assess his/her performance against those objectives, and the name or names of his/her evaluator. The evaluation shall be in written form using the current evaluation tool. This instrument may be refined from time to time after the staff and administration have conferred on refinements to be made.
c. Any records created in the evaluation process shall become part of the secretary’s employment file and subject to Board policy on personnel records.
d. The secretary shall be allowed five (5) work days in which to respond to any evaluation.
e. The signing of any evaluation by a secretary shall imply only that the secretary has received and read the document.
f. All evaluations and conferences must be completed before contracts are issued.
C. PARAPROFESSIONALS
1. Paraprofessionals shall be evaluated bi-annually by the building principal with input by the classroom teacher, following an observation done by the building principal, or his designee.
2. The evaluation shall be in written form, using the current evaluation tool. This instrument may be refined from time to time after staff and administration have conferred on refinements to be made.
3. Mandatory Evaluations
a. Paraprofessionals shall receive their first observation no later than December 1 and,
b. Shall receive at least two (2) written evaluations throughout the school year.
4. Evaluation Procedures
a. The evaluation process shall provide for the recognition and commendation of effective performance, the identification and remediation of performance deficiencies, and the recommendation of discipline or dismissal when a paraprofessional fails to remediate the identified deficiencies within a reasonable time period.
b. Each paraprofessional shall be notified of the duties/responsibilities that will be used to assess his/her performance and the name or names of his/her evaluator. The evaluation shall be in written form.
c. Any records created in the evaluation process shall become part of the paraprofessional’s employment file and subject to Board policy on personnel records.
d. The paraprofessional shall be allowed five (5) work days in which to respond to any evaluation.
e. The signing of any evaluation by a paraprofessional shall imply only that the paraprofessional has received and read the document.
f. All evaluations and conferences must be completed before contracts are issued.
D. CUSTODIAL/MAINTENANCE EMPLOYEES
1. Custodial/maintenance employees shall perform their duties under the supervision of the building principals or head custodian and shall be responsible to the principal, or head custodian, for the efficient performance of their duties.
2. Custodial/maintenance employees shall be evaluated annually using the district evaluation instrument. The evaluation shall be in written form using the current evaluation tool. This instrument may be refined from time to time after the staff and administration have conferred on refinements to be made.
3. Evaluation Procedures
a. The evaluation process shall provide for the recognition and commendation of effective performance, the identification and remediation of performance deficiencies, and the recommendation of discipline or dismissal when a custodial/maintenance employee fails to remediate the identified deficiencies within a reasonable time period.
b. Each custodial/maintenance employee shall be notified of the duties/responsibilities that will be used to assess his/her performance and the name or names of his/her evaluator.
c. Any records created in the evaluation process shall become part of the custodial/maintenance employee’s employment file and subject to Board policy on personnel records.
d. The custodial/maintenance employee shall be allowed five (5) work days in which to respond to any evaluation.
e. The signing of any evaluation by a custodial/maintenance employee shall imply only that the custodial/maintenance employee has received and read the document.
f. All evaluations and conferences must be completed before contracts are issued.
E. INTERPRETERS
1. The primary purpose of interpreter evaluation shall be to improve interpreter performance.
2. The evaluation process shall provide for the recognition and commendation of effective performance, the identification and remediation of performance deficiencies, and the recommendation of dismissal when an interpreter fails to remediate the identified deficiencies within a reasonable time period, all of which will be in written form.
3. Interpreters will be notified in writing of the duties/responsibilities that will be used to assess his/her performance, and the name or names of his/her evaluator.
4. Any records created in the evaluation process shall become part of the interpreter’s employment file and subject to Board policy on personnel records.
5. (3-5-3 Rule)
a. All formal evaluations of the work performance of an interpreter shall include personal observations by the Board appointed coordinator of interpreters. The evaluation shall be in written form using the current performance appraisal forms.
b. This instrument may be refined from time to time after the staff and administration have conferred on refinements to be made.
c. The observation shall be followed within three (3) days by a conference.
d. Within five (5) days after the conference, the interpreter will receive the written evaluation.
e. The interpreter shall be allowed three (3) school days in which to respond to any evaluation.
6. Mandatory Evaluations
a. All interpreters shall receive their first observation and evaluation by the end of January, and
b. Shall have at least one additional evaluation prior to May 15th.
1. The employee feedback form will be provided to the employee before the observation, and may be submitted during a conference between the interpreter and the evaluator(s).
2. Evaluations shall be spaced throughout the course of the school year.
3. Evaluations shall be a minimum of one full class or lesson in length.
4. In the event that an interpreter’s evaluation is unsatisfactory, suggestions for improvement shall be written.
5. The signing of any evaluation by an interpreter shall imply only that the interpreter has received and read the document.
d. All evaluations and conferences must be completed before contracts are issued.
F. EMPLOYEES
Complaint Procedure
If any complaints of substance are made to any member of the administration or the Board of Education by any parent, student or other person, they shall be promptly investigated and promptly brought to the attention of the employee.
The particular of the complaint and the investigation, including the names of the complainant, shall be promptly called to the attention of the employee.
ARTICLE XIV
EMPLOYEE-ADMINISTRATION LIAISON
The Association’s representative shall meet with the Superintendent once a month or as deemed necessary by either party during the school year to review and discuss current school problems and practices and the administration of this Agreement.
ARTICLE XV
EMPLOYEE ABSENCE
A. Sick Leave
An employee may be absent from school because of personal illness or injury in accordance with the following provisions:
1. TEACHERS
a. Teachers shall be granted ten (10) days cumulative sick leave plus five (5) non-cumulative sick days per year.
b. Of the fifteen days of sick leave allowed per year, the first ten days are cumulative.
1. As absences because of illness occur, they will be deducted first from the ten annually allowed cumulative days.
2. When these are exhausted, absences because of illness will be deducted from the five non-cumulative sick days annually provided.
3. When these are exhausted, absences because of illness will be deducted from any sick leave accumulated during previous years.
c. Teachers employed for less than full-time and/or less than a full school year shall receive an annual sick leave allowance in proportion to the time for which they are regularly scheduled.
d. Full salary shall be paid to all teachers for absence due to illness or injury until such accumulated leave is used up, after which the full-time teacher may receive the difference between the contract salary and the substitute’s pay for the duration of the contract period. If the teacher is granted extended sick leave, the per diem pay shall be calculated as follows:
1. For all teachers on a ten months contract, one two-hundredths of the annual salary;
2. For all teachers on a twelve months contract, one two-hundred fortieth of the annual salary.
e. Teachers shall be paid for unused, accumulated sick leave as follows:
1. Any teacher who retires according to the provisions of the T.P.A.F. in order to receive immediate benefits as opposed to “deferred” benefits and has fifteen (15) continuous years of teaching service in the Mountain Lakes School District shall be eligible for payment for unused sick leave. For purposes of clarification, “deferred” shall mean “vesting” as opposed to “collecting.” Thus, any payment for unused accumulated sick leave shall be considered “retirement pay:” rather than “severance pay.”
2. Teachers planning to retire must notify the Superintendent no later than ninety (90) days in advance in order to receive prompt payment. Those who fail to comply with the notification procedure described herein shall be required to wait for said payment until such time as (1) the money is allocated in the next school budget and (2) the next school budget becomes effective.
3. Teachers retiring shall receive fifty dollars ($50) per day for the first 75 days, and sixty-five dollars ($65) for each day after that, provided, however, that the total amount paid to any teacher shall not exceed eight thousand dollars ($8,000).
4. If a teacher who has notified the Board of his/her intent to retire in accordance with the provisions set forth herein above subsequently dies prior to the effective date of his/her retirement, the payment to which said teacher would have been entitled under this provision shall be paid to the teacher’s estate.
5. In the event of the teacher’s death prior to retirement, payment of the above benefit shall be made to the estate of the teacher as a death benefit.
2. SECRETARIES
a. Twelve (12) month secretaries shall be granted twelve (12) days cumulative sick leave per school year;
b. Ten (10) month secretaries shall be granted ten (10) days cumulative sick leave per school year.
c. Secretaries employed for less than full-time and/or less than a full year shall receive an annual sick leave allowance in proportion to the time for which they are regularly scheduled.
3. PARAPROFESSIONALS
a. A ten (10) month paraprofessional who may be absent from school because of personal illness or injury shall be entitled to fifteen (15) days sick leave per school year of which the first ten (10) days are cumulative;
b. Paraprofessionals employed for less than full-time and/or less than a full year shall receive an annual sick leave allowance in proportion to the time for which they are regularly scheduled.
4. CUSTODIAL/MAINTENANCE PERSONNEL
a. Twelve (12) month custodial/maintenance personnel who may be absent from school because of personal illness or injury shall be entitled to eighteen (18) days per school year of which the first twelve (12) days are cumulative;
b. Custodial/maintenance personnel employed for less than full-time and/or less than a full year shall receive an annual sick leave allowance in proportion to the time for which they are regularly scheduled.
5. INTERPRETERS
a. Interpreters shall be granted ten (10) days cumulative sick leave plus five (5) non-cumulative sick days per year.
b. Of the fifteen days of sick leave allowed per year, the first ten days are cumulative.
1. As absences because of illness occur, they will be deducted first from the ten annually allowed cumulative days.
2. When these are exhausted, absences because of illness will be deducted from the five non-cumulative sick days annually provided.
3. When these are exhausted, absences because of illness will be deducted from any sick leave accumulated during previous years.
c. Interpreters employed for less than full-time and/or less than a full school year shall receive an annual sick leave allowance in proportion to the time for which they are regularly scheduled.
d. Full salary shall be paid to all interpreters for absence due to illness or injury until such accumulated leave is used up, after which the full-time interpreters may receive the difference between the contract salary and the substitute’s pay for the duration of the contract period. If the interpreters is granted extended sick leave, the per diem pay shall be calculated as follows:
1. For all interpreters on a ten months contract, one two-hundredths of the annual salary;
2. For all interpreters on a twelve months contract, one two-hundred fortieth of the annual salary.
6. EDUCATION SUPPORT PROFESSIONALS
Beginning in year 2003-2004:
Education Support Professionals shall be paid for unused, accumulated sick leave as follows:
1. Any ESP who retires according to the provisions of the P.E.R.S. in order to receive immediate benefits as opposed to “deferred” benefits and has fifteen (15) continuous years of service in the Mountain Lakes School District shall be eligible for payment for unused sick leave. For purposes of clarification, “deferred” shall mean “vesting” as opposed to “collecting.” Thus, any payment for unused accumulated sick leave shall be considered “retirement pay” rather than “severance pay.”
2. ESPs planning to retire must notify the Superintendent no later than ninety (90) days in advance in order to receive prompt payment. Those who fail to comply with the notification procedure described herein shall be required to wait for said payment until such time as (1) the money is allocated in the next school budget and (2) the next school budget becomes effective.
3. ESPs retiring shall receive twenty-five dollars ($25) per day for the first 75 days, and thirty dollars ($30) for each day after that, provided, however, that the total amount paid to ESPs shall not exceed four thousand dollars ($4,000).
4. If an ESP who has notified the Board of his intent to retire in accordance with the provisions set forth herein above subsequently dies prior to the effective date of his retirement, the payment to which said ESP would have been entitled under this provision shall be paid to the ESP’s estate.
5. In the event of the ESP’s death prior to retirement, payment of the above benefit shall be made to the estate of the ESP as a death benefit.
7. EMPLOYEES
a. An employee may be absent from school because of personal illness or injury in accordance with the following provisions:
1. Unused cumulative sick leave days will be added to the accumulated sick leave reserve in the ensuing years.
2. The accumulation of sick leave allowance shall be limited to consecutive and uninterrupted service.
a. A leave of absence as granted by the Board does not constitute an interruption of service.
b. A full-time employee is rendering consecutive service as long as the individual or the Board does not officially terminate the employment contract.
3. A record kept in the office of the Superintendent shall determine the number of accumulated days. Employees will receive an annual statement of their accumulated sick leave.
4. Absence due to an infectious disease as specified by the Mountain Lakes Board of Health, contracted in the performance of duties, shall not cause deduction from the regular or accumulated sick leave.
5. Employees who are absent because of personal illness or injury for a period of more than three (3) consecutive days may be required to file with the Superintendent a certificate from their physician attesting to the illness and the necessity for the absence. Employees who wish a leave of absence due to illness or health reasons shall file with the Superintendent for such leave. The Board reserves the right to grant special extension of such leave in individual cases, which, in its judgment, are deserving of such.
B. Bereavement Leave
1. Employees shall be allowed bereavement leave, with full pay, five (5) workdays for death within the immediate family.
a. Additional days may be granted with deductions of substitute’s salary, where, in the opinion of the Superintendent, such additional absence is necessary and unavoidable.
b. “Immediate family” shall be understood to include spouse, parent, child, brother, sister, mother-in-law, father-in-law and any other member of the employee’s immediate household.
2. In the case of death of a relative of the second degree, employees shall be allowed bereavement leave, of one workday with full pay.
a. Additional days may be granted with deductions of substitute’s salary where, in the opinion of the Superintendent, such additional absence is necessary and unavoidable.
b. A relative of the second degree shall be understood to include brother-in-law, sister-in-law, uncle, aunt, nephew, niece, cousin, and grandparent.
3. Application for bereavement leave provided herein above must be made in writing to the Superintendent within five (5) workdays subsequent to the absence.
C. Personal Leave
1. Employees shall be allowed a maximum of three (3) workdays in any one year with full pay upon notification of need arising from one or more of the following:
a. Religious observance as recognized by State Law for students,
b. Marriage of the employee or the employee’s immediate family,
c. Legal business which cannot be conducted at any other time, or
d. For a just and compelling cause.
1. An employee, who feels the reason for the request is of such a personal nature that he/she does not wish to give the specific reason, will still be granted the personal day.
2. Personal leave shall not be granted on days immediately preceding or following school holidays, or on the first and/or last days of the school year unless under special circumstances approved in advance by the Superintendent.
2. Unused personal leave shall be accrued as sick leave, with all rights and benefits as described in Article XV, e, 1-5.
D. Absence Caused by On-the-job Injury
1. Whenever an employee is absent as a result of a compensable personal injury caused by an accident arising out of and in the course of the employee’s employment, the Board shall pay to such employee the full salary for the period of such absence for up to one calendar year without having such absence charged to the annual sick leave or the accumulated sick leave reserve pursuant to N.J.S.A. 18A: 30-2.1.
2. Salary provided in this section shall be paid for absence during the waiting period and during the period the employee received or was eligible to receive a temporary disability benefit under the labor and workmen’s compensation statutes.
3. Any amount of salary paid or payable to the employee pursuant to this section shall be reduced by the amount of any workmen’s compensation award made for temporary disability.
E. Critical Illness Leave
1. TEACHERS
a. A teacher may be allowed up to five (5) school days in any one year with full pay because of critical illness within the immediate family. Additional days may be granted with deductions of substitute’s salary when, in the opinion of the Superintendent, such absence is necessary and unavoidable.
b. “Immediate family” shall be understood to include spouse, parent, child, brother, sister, mother-in-law, father-in-law, and any other member of the teacher’s immediate household.
c. “Critical illness” shall be construed to mean of the nature of or constituting a crisis requiring emergency medical treatment or hospitalization.
d. Application for critical illness leave provided herein above must be made in writing to the Superintendent within five (5) school days subsequent to the absence.
2. EDUCATION SUPPORT PROFESSIONAL
a. An education support professional may be granted leave for critical illness within the immediate family at the discretion of the Superintendent.
ARTICLE XVI
EXTENDED LEAVES OF ABSENCE
A. Pregnancy Disability
1. As soon as is practicable an employee should report her pregnancy to her principal or immediate supervisor and submit a physician’s certificate to him stating the expected date of delivery.
2. When such employee is physically unable to continue to perform her normal duties on account of pregnancy, she shall submit a physician's certificate to her immediate supervisor attesting to that fact and the date of disability. In the absence of extenuating circumstances, the period of normal disability shall be defined as twenty (20) working days before and twenty (20) working days after the birth of the child not to exceed a total of forty (40) working days.
3. After termination of pregnancy, the employee shall submit a physician’s certificate certifying the date upon which said physical disability will terminate.
4. If the employee fails to submit the required medical certificate provided in paragraphs 1., 2., and 3 above, the district may require that a physician of its own choosing perform the required examination and produce the required certificates.
5. The school district reserves the right to require a second medical opinion by a physician who shall be chosen by mutual agreement of the Superintendent and the employee.
6. An employee’s actual disability due to pregnancy, delivery and necessary after-care shall be treated as sick leave as provided in Article XV, subject to the conditions herein above set forth in Sections 2 and 3.
B. Child Care Leave
1. TENURED EMPLOYEES
a. Upon written request of a tenured employee, a leave of absence, without pay, shall be granted for the purpose of child care for a newborn infant or newly adopted child. Such leave will commence when the employee assumes primary care of the child and shall continue for one full year after the school year during which the employee first takes custody.
b. This leave shall be contingent upon the employee’s ability to verify to the satisfaction of the Superintendent that he/she is the primary caretaker of the child, and in the case of adoption, is the adoptive parent or legal guardian.
c. Any and all exceptions to the aforementioned length of child care leave shall be by written mutual agreement between the Board of Education and the employee.
d. The employee shall notify the Superintendent of his/her intention to return no later than February 1st of that year.
2. NONTENURED EMPLOYEES
Upon written request of an employee who is either nontenured or not eligible for tenure, a leave of absence, without pay, shall be granted for the purpose of child care for a newborn infant or newly adopted child in accordance with the provisions of the Family Leave Act – i.e. N.J.S.A. 34:11B-1 et seq.
C. Military Leave
1. Military leave is governed by law and is without pay. Any employee who may enlist or who may be conscripted into the Armed Forces of the United States may make application for military leave.
2. The employee shall be reinstated to his/her position and given credit for that period of military service on the salary schedule immediately upon written request as prescribed by law.
3. The application for reinstatement shall be made within ninety (90) days from the date of release or discharge.
D. Association Leave
A leave of absence of up to two (2) years shall be granted to an employee for the purpose of filling a position in the county, state or national employee’s associations.
E. Other Leaves
Leaves of absence for extended periods for reasons other than those stated above may be granted by the Board to employees under tenure. Employees who are on such leaves of absence will not be remunerated in any way, either by salary or fringe benefits, by the Board. Neither shall they receive experience credit on the guide for the time they were on leave.
F. Jury Duty
Leave and compensation for jury duty will be in accordance with New Jersey statutes (N.J.S.A. 2B:20-16). Employees who are called to jury duty shall receive full pay for all time served on jury duty during which they would be required to report to work.
ARTICLE XVII
SABBATICAL LEAVE
A. To encourage superior performance in its professional staff, a teacher or interpreter who has completed seven or more years of continuous full-time service in any professional capacity in the Mountain Lakes Schools shall after filing the appropriate forms, be eligible for a leave of absence of up to one full year for study or study oriented travel. The granting of Sabbatical Leave requires the recommendations of the Superintendent and the approval by the Board.
Prior to making his recommendation to the Board of Education, the Superintendent will confer with a Sabbatical Committee composed of the principal of each building and a teacher from each building in the district elected by the certificated staff members in each of the buildings.
B. Granting of Leave
Granting of leave will be based upon:
1. Purpose of leave
2. Teacher’s/interpreter performance
3. Needs of the district
4. The availability of budgetary funds
a. However, once the budget has been approved by the public and the formal granting of the leave has been completed, it shall not be rescinded except for the provisions of Subsection L. of this Article.
C. Applications for such leave shall be made before November 1 prior to the year for which such absence is requested. Such application shall be made upon a form furnished by the Board and shall include a program approved by the Board, to be followed by the teacher/ interpreter during the period of leave.
D. Applicants shall agree to abide by all conditions determined by the Board to govern such leaves of absence.
E. As a condition to such leave, teachers and interpreters on a one-year sabbatical leave shall enter into a contract to continue in the service of the Mountain Lakes Public Schools for a period of at least two years after the expiration of the leave of absence. Teachers/interpreters on a half-year sabbatical leave shall enter into a contract to continue in the service of the Mountain Lakes Public Schools for a least one full regular school year after the expiration of the leave of absence. Failing to continue in service, the teacher/interpreter (not the Association) shall repay to the Board full salary received while on leave.
F. The Board shall have the right to fix the duration of the leave. A teacher/interpreter granted sabbatical leave shall receive compensation of three-fourths of the salary he would be entitled to receive if not on leave. From such salary shall be deducted monthly the regular deductions for the Teacher’s Pension and Annuity Fund and other deductions authorized by the teacher/interpreter. Salary payments shall be made semi-monthly in accordance with the schedule for payment of salaries in the school system.
G. Not more than two teachers/interpreters shall be granted sabbatical leave for the same year. In granting such leaves of absence due consideration shall be given to the reasonable and equitable distribution of the applicants among the different schools and departments. Approved applicants shall be notified by April 15.
If, after being granted leave, the teacher/interpreter withdraws his/her request for such leave, and if there is an additional qualified candidate who has been granted “waiting list” status by the Superintendent, the Superintendent shall recommend that candidate to the Board, provided that the original list of candidates exceeded two. Once granted, a sabbatical leave shall not be rescinded unilaterally except in the event of a budget defeat or in accordance with the provisions of Subsection L.
It is recognized by the Board and the Association that the date upon which the initially approved teacher/interpreter withdraws his/her request may have an impact on how successfully the Administration can arrange for replacement of any subsequently recommended teacher/interpreter.
H. If more than two teachers/interpreters of the system shall apply for leave, selection shall be made on the basis of benefits to the school system. At all times the needs of the school system as a whole shall be paramount.
I. Teachers/interpreters on such leave may associate for compensation with any person, persons, or organization during the sabbatical year, providing the Board gives prior written approval for such association.
J. Teachers/interpreter on such leave shall make such regular written reports as the Superintendent may require.
K. Such leave of absence shall be without prejudice to the teacher’s tenure rights.
L. Such leave of absence may be rescinded by the Board at its discretion at any time during the year for which it is granted when in the judgment of the Board the conditions under which it was granted are not being met.
M. Teachers/interpreter on such leave will be considered as in the employ of the Board of Education of Mountain Lakes, and the time thus spent shall count as a regular service toward retirement and for consideration in regard to salary adjustment. In addition, they will accumulate toward their sick leave bank, the number of days equal to the average number of days accumulated per year during the time of their employment by the Mountain Lakes Board of Education.
ARTICLE XVIII
PROFESSIONAL DEVELOPMENT
A. TEACHERS
It is the policy of the Board and the Association to encourage in all possible ways the professional development of its teachers. Teachers may, therefore, be absent from school in order to participate in professional meetings or inter-school visitations.
1. The Superintendent shall exercise judgment in granting permission for teachers to attend activities deemed to benefit their professional development. These shall include:
a. Meetings on subjects pertaining to the teacher’s field of interest or related subjects;
b. Visits to schools which are believed to encourage professional growth and development.
2. Two days will be granted annually for attendance at the New Jersey Education Association Convention.
3. Expenses incurred in attending approved meetings shall be borne by the Board.
a. Transportation expense allowed shall be the incurred carrier cost, or at the IRS mileage rate if a personal vehicle is used.
b. Car use shall not be considered as being for Board business, and the Board shall not be liable for any damage resulting from accidents incurred through the use of a car.
c. All requests for reimbursement of expenses by teachers are subject to examination and approval by the Superintendent.
d. Living expenses shall be allowed as approved by the Building Principal and Superintendent.
e. Teachers may be allowed sufficient advance funds to cover estimated living expenses at approved meetings. Requests for such an advance must be approved by the Superintendent and the Board.
f. Expenses for the New Jersey Education Association Convention are normally borne by the teacher.
4. It is the policy of the Board and the Association to encourage in all possible ways the professional development of its staff. Staff may participate in continuing educational experiences which shall include, but not be limited to, in-service programs, approved local professional development experiences, and other state approved or mandated professional development experiences.
5. In accordance with State Statute N.J.A.C. 6:11-13, professional development should follow criteria outlined by the state. As part of the State mandated 100 hour 5 – year cycle, all teaching staff will complete eighteen (18) hours of in-service activities per year, delineated in the teacher’s Professional Growth Plan (PGP).
6. The District will provide three (3) six – hour days during the contractual year to meet this requirement. This requirement can be met in the following ways:
a. District provided workshops (including televised and on-line)
b. Focus groups
c. Out – of - District workshops/conferences
d. Documented attendance at the NJEA Convention workshops
e. Summer workshops/conferences
f. Independent/research studies
g. Graduate level courses, not fully reimbursed, shall be credited two (2) hours per credit hour completed.
Any Professional Development that counts toward the 18 hours must meet with the approval of the staff member’s supervisor, and where appropriate, the Professional Development Committee.
B. SECRETARIES
Employment Training
The Board shall pay the cost of any seminar or course that is requested by the secretary and approved by the Superintendent not to exceed three hundred fifty dollars ($350) per secretary per year.
If the administration requests that the secretary attend such a seminar or course, the Board shall pay the full cost.
C. CUSTODIAL/MAINTENANCE EMPLOYEES
Black Seal Boiler License
The Board shall reimburse custodial/maintenance employees for training, books, testing and other direct expenses incurred in obtaining and/or renewing the Black Seal Boiler License.
D. INTERPRETERS
a. It is the policy of the Board and the Association to encourage in all possible ways the professional development of the interpreters. Interpreters may, therefore be absent from school in order to participate in professional meetings or activities that promote professional development.
b. The superintendent shall exercise judgment in granting permission for interpreters to attend activities deemed to benefit their professional development. These shall include meetings, conventions, conferences, or workshops pertaining to educational interpreting or general visual language interpreting.
c. Expenses incurred in attending approved meetings shall be borne by the board.
d. Transportation expense allowed shall be the incurred carrier cost, or at the IRS mileage rate of a personal car is used.
e. Car use shall not be considered as being for Board business, and the Board shall not be liable for any damage resulting from accidents incurred through use of a car.
f. All requests for reimbursement of expenses by interpreters are subject to approval by the Superintendent.
g. Living expenses shall be allowed as approved by the Building Principal and the Superintendent.
h. Interpreters may be allowed sufficient advance funds to cover estimated living expenses at approved meetings. Requests for such an advance must be approved by the Superintendent and the Board.
i. Should a credential become required for continuing employment, the Board shall reimburse interpreters for training/tuition incurred in obtaining or renewing state interpreting credentials. Reimbursement shall be from the tuition reimbursement pool.
ARTICLE XIX
EXCHANGE TEACHING PROGRAM
Leaves of absence for one year will also be granted for participation in the Foreign Exchange Teaching Program under the Fulbright Act, or in any similar program. Such leaves will be granted:
A. With salary, and an exchange teacher whose salary is paid by his/her own school authority, will be accepted. It is understood that the credentials of the exchange teacher will be submitted to the Superintendent for approval before an exchange arrangement is completed or
B. Without salary, to permit a teacher to accept a United States Government grant to teach in a national school abroad. The Board will pay a salary to an exchange teacher whose credentials it approves. The salary to be agreed upon will be in accordance with the exchange teacher’s education and experience on the salary guide.
ARTICLE XX INSURANCE PROTECTION
A. Medical Plan
1. All employees who are regularly employed a minimum of twenty (20) hours per week by the Board are eligible for membership in the district’s medical plan, currently with New Jersey State Health Benefits Plan. The Board shall pay the full premium for said insurance coverage for eligible employees and their dependents who choose to enroll.
2. For all insurance plans, a “halftime” employee shall be defined as an employee who’s work week constitutes a minimum of twenty (20) hours based upon the employer’s regularly scheduled starting and quitting time.
B. Dental Program
1. Employees and their dependents are eligible for dental care insurance.
2. Dental care insurance is currently underwritten by Delta Dental.
3. Employees receiving dental coverage shall pay a capped portion of the premium cost.
The premium costs are as follows:
2002-2003: $180
2004-2005: $350
4. All premium payments will be made through payroll deductions. Employees will have the option of making payments through a premium only 125 Plan for which all administrative costs will be borne by the Board.
5. Beginning in 2003-2004, employees may also choose to participate in a Flexible Spending Account. The cost of set up fee and administrative costs will be borne by the Board with individual monthly costs paid by the individual members participating in said plan.
6. For all insurance plans, a “halftime” employee shall be defined as an employee whose work week constitutes a minimum of twenty (20) hours based upon the employer’s regularly scheduled starting and ending time.
C. Disability Insurance
All employees who are members of the New Jersey Education Association are eligible for sickness and accident insurance in the NJEA Group Accident and Sickness Insurance Plan, currently underwritten by the Prudential Insurance Company, and monthly deductions from paychecks are made by the Board Secretary upon written request from the employees.
D. Application for Coverage
Each eligible employee will complete an application form provided by the insurance carrier.
E. Termination of Insurance
An employee’s insurance terminates for himself and his dependents when his employment terminates.
F. Interpretation of Coverage
In assuming the premium cost the Board assumes no further responsibility regarding interpretation of the policy, processing of claims, or any matter which is determined by the insurance carrier.
G. Insurance Coverage
The Board shall provide Workmen’s Compensation Insurance and shall save harmless every employee from financial loss because of alleged negligence by the Board within the scope of his duties which results in accidental bodily injury or property damage for a period not to exceed one year from the date of occurrence.
ARTICLE XXI
DEDUCTIONS FROM SALARY
The Board agrees to deduct from the salaries of its employees, unified dues for the Mountain Lakes Education Association, the Morris County Council of Education Associations, the New Jersey Education Association and the National Education Association as said employees individually and voluntarily authorize the Board to deduct. Such deductions shall be made in compliance with Chapter 310, Public Laws of 1967, (N.J.S.A. 52:15-19,9e), and under rules established by the State Department of Education.
The Association agrees to inform the Secretary of the Board of Education, in writing, not later than August 1 of a change in Association dues for the period beginning September 1.
ARTICLE XXII
MISCELLANEOUS PROVISIONS
A. TEACHERS
1. This Agreement constitutes a portion of Board policies as they apply to teachers for the terms of said Agreement, and the Board shall carry out the commitments contained herein and give them full force and effect as Board policy
2. Unless otherwise provided in this Agreement nothing contained herein shall be interpreted and/or applied so as to eliminate, reduce, or otherwise detract from any teacher benefit existing prior to its effective date.
B. CUSTODIAL/MAINTENANCE EMPLOYEES
1. The Board shall provide custodial/maintenance employees the following:
a. Two (2) sets of uniforms per year;
b. One (1) pair of work shoes per year;
c. One (1) lightweight jacket every two (2) years;
d. One (1) winter jacket every two (2) years; and
e. Work gloves as needed.
C. INTERPRETERS
This agreement constitutes a portion of Board policies as they apply to interpreters for the terms of said Agreement, and the Board shall carry out the commitments contained herein and give them full force and effect of Board policy.
Unless otherwise provided in this Agreement nothing contained herein shall be interpreted or implied so as to eliminate, reduce, or otherwise detract from any interpreter benefit existing prior to its effective date.
D. EMPLOYEES
1. If any provision of this Agreement or any application of this Agreement to any employee or group of employees is held to be contrary to law, then such provisions or applications shall not be deemed valid, but all other provisions or applications shall continue in full force and effect.
2. The Board and the Association agree that there shall be established an “Advisory Council” for Administrative Procedures and Curriculum Change.
3. The Board and the Association agree that there shall be no discrimination and that all practices, procedures and policies of the school system shall clearly exemplify that there is no discrimination in the hiring, training, assignment, promotion, transfer, or discipline of employees in the application of administration of this Agreement on the basis of race, creed, color, religion, national origin, age, sex, physical handicap, domicile, or marital status.
4. Copies of this Agreement shall be printed at the expense of the Board within thirty (30) days after the agreement is signed and presented to all employees now employed, or considered for employment by the Board.
ARTICLE XXIII
REDUCTION IN FORCE
A. TEACHERS
Reductions in force shall be carried out in accordance with applicable statutes, rules and regulations, and case law affecting said RIF.
The Board shall provide the Association with an up-to-date seniority list each school year reflecting the status of professional staff members through June 30 of that school year.
B. EDUCATION SUPPORT PROFESSIONAL
The Board reserves the right to abolish education support professional positions and reduce staff commensurately whenever reasons of economy, reorganization of the school district, reduction in the number of pupils, or other cause so warrants.
ARTICLE XXIV
TUITION REIMBURSEMENT
A. The Board of Education shall budget twenty-five thousand dollars ($25,000) for reimbursement of tuition for each school year covered by this Agreement. A teacher new to the district is not eligible for tuition reimbursement until he/she begins his/her second year in the district. The maximum amount allowed for teachers in their second year in the district shall not exceed $750 during the fiscal year. The maximum amount allowed for third-year and tenured teachers shall not exceed $1200 during the fiscal year.
B. The Superintendent may recommend and the Board of Education may approve applications for tuition reimbursement. The following criteria for course approval will be used.
1. Those courses planned and offered by the district through accredited schools offered on site. The Board will announce the courses during the summer.
2. Staff who apply for reimbursement for courses that are directly related to their teaching assignment; e.g. a mathematics teacher taking courses in mathematics or toward a degree in mathematics or mathematics education. For staff who are not subject area specialists; e.g. an elementary or special education teacher who has responsibility for all subject areas. In these cases approved courses must relate specifically to content; e.g. a course that provides staff with strategies to implement the new mathematics standards. Similarly, a course that provides real opportunity to develop new instructional materials that can be piloted and woven into the existing curriculum; e.g. hands-on-science. Also, courses that directly effect changes in teaching strategy; e.g. alternative assessment or cooperative teaching methods.
3. Summer institutes provided at universities that are sponsored and developed by organizations such as National Endowment for the Humanities or the National Science Foundation; e.g. the mathematics institute at Princeton.
4. Staff who have already begun graduate degree programs that have been approved prior to the establishment of these guidelines.
Any approval of future graduate programs must be consistent with the staff member’s current assignment.
C. If the Administration and/or Board of Education request/require that a staff member embark on a particular program of study, the said program will be deemed eligible for reimbursement.
D. Teachers/Interpreters intending to take courses shall make it known by filling out the appropriate form prior to June 15 of the previous fiscal year.
E. The reimbursement shall be at the Rutgers University graduate tuition cost per credit hour for Residents of New Jersey plus three-quarters of the cost over the tuition cost per credit hour.
F. Only those courses directly applicable to the teacher’s improvement in the classroom shall be considered for reimbursement. Consideration for reimbursement shall not be limited to the teacher’s job assignment.
G. For other than full-time professional staff, payment will be prorated according to the percent of full-time employment rendered by a staff member to the district during the time they are taking the course.
H. Tuition reimbursement shall be paid by the end of the month in which the Superintendent receives a report card or transcript provided that such proof, as well as the teacher’s signed claim form, is supplied to the Superintendent by the tenth of the month.
I. Reimbursement for summer courses will be made by the end of September provided that the staff member is still employed by the Board and that the Superintendent receives a report card or transcript together with a signed claim form from the teacher by the tenth of that month.
J. In order for a course to be eligible for tuition reimbursement a request for Course Approval for specific courses must be approved by the Board of Education prior to the beginning of the course.
ARTICLE XXV
REPRESENTATION FEE
A. Purpose of Fee
If an employee does not become a member of the Association during any membership year (i.e., from July 1 to the following June 30) which is covered in whole or in part by this Agreement, said employee will be required to pay a representation fee to the Association for that membership year.
B. Amount of Fee
Fee shall not be in excess of eighty-five (85) percent of the dues of a full member.
Prior to the beginning of each membership year, the Association will notify the Board in writing of the amount of the regular membership dues, initiation fees and assessments charged by the Association to its own members for that membership year. Said fee shall conform to the rules and regulations promulgated by the Public Employment Relations Commission.
C. Deduction and Transmission of Fee
1. Notification
Once during each membership year covered in whole or in part by this Agreement, the Association will submit to the Board a list of those employees who have not become members of the Association for the then current membership year. The Board will then deduct from the salaries of such employees, in accordance with paragraph 2, below, the full amount of the representation fee and promptly will transmit the amount to the Association.
2. Payroll Deduction Schedule
Upon annual written notification that the Association has adopted and implemented a valid “demand and return system,” the Board will deduct the representation fee in equal installments, as nearly as possible, from the paychecks paid to each employee on the aforesaid list during the remainder of the membership year in question. The deductions will begin with the first paycheck paid:
a. Twenty (20) days after receipt of the aforesaid list by the Board; or
b. Sixty (60) days after the employee begins his/her employment in a bargaining unit position, unless the employee previously served in a bargaining unit position and continued in the employ of the Board in a non-bargaining unit position or was on layoff, in which event the deductions will begin with the first paycheck paid twenty (20) days after the resumption of the employee’s employment in a bargaining unit position, whichever is later.
D. Termination of Employment
If an employee who is required to pay a representation fee terminates his/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.
E. Mechanics
Except as otherwise provided in this Article, the mechanics for the deduction of representation fees and the transmission of such fees to the Association will, as nearly as possible, be the same as those used for the deduction and transmission of regular membership dues to the Association.
F. Changes
The Association will notify the Board in writing of any changes in the list provided for in Section C. above and/or the amount of the representation fee, and such changes will be reflected in any deductions made more than thirty (30) days after the Board received said notice. Deductions shall be made February 1 and/or June 15 for such changes.
G. New Employees
On or about the last day of each month, beginning with the month this Agreement becomes effective, the Board will submit to the Association, a list of all employees who began their employment in a bargaining unit position during the preceding thirty (30) day period. The list will include names, job titles, and dates of employment for all such employees. Said deductions shall be pro rata for the remainder of the membership year effective sixty (60) days after the employee’s initial date of employment provided that a minimum of ninety (90) days exists between the day the employee began his/her employment and the end of the current membership year. (June 30).
H. Indemnification
The Association shall indemnify and hold the Board harmless against any and all claims, demands, suits and other forms of liability, including liability for reasonable counsel fees and other legal costs and expenses, that may arise out of, or by reason of any action taken or not taken by the Board in conformance with this provision.
1. Liability
It is understood that the Board will:
a. Give 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; provided, however, failure to notify will not invalidate said indemnification; and
b. Cooperate fully with the Association in gathering evidence, securing witnesses and in all other aspects of said defense.
2. 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.
ARTICLE XXVI
HORIZONTAL ADVANCEMENT ON THE GUIDE
A. The Superintendent may recommend and the Board of Education may approve application for horizontal advancement on the salary guide. All courses that are taken to qualify for horizontal advancement on the salary guide must be submitted to the Superintendent and the Board for approval /rejection prior to enrollment. The following criteria for course approval will be adhered to:
1. Those courses planned and offered by the district through accredited schools offered on site. The Board will announce the courses during the summer.
2. Staff who apply for advancement for courses that are directly related to their teaching assignment; e.g. a mathematics teacher taking courses in mathematics or toward a degree in mathematics or mathematics education. For staff who are not subject area specialists; e.g. an elementary or special education teacher who has responsibility for all subject areas. In these cases approved courses must relate specifically to content; e.g. a course that provides staff with strategies to implement the new mathematics standards. Similarly, a course that provides real opportunity to develop new instructional materials that can be piloted and woven into the existing curriculum; e.g. hands-on-science. Also, courses that directly effect changes in teaching strategy; e.g. alternative assessment or cooperative teaching methods.
3. Summer institutes provided at universities that are sponsored and developed by organizations such as National Endowment for the Humanities or the National Science Foundation; e.g. the mathematics institute at Princeton.
4. Staff who have already begun graduate degree programs that have been approved prior to the establishment of these guidelines.
Any approval of future graduate programs must be consistent with the staff member’s current assignment.
B. If the Administration and/or Board of Education request/require that a staff member embark on a particular program of study, the said program will be deemed eligible for horizontal advancement on the guide.
ARTICLE XXVII
SIDEBAR AGREEMENTS
A. The MLEA and the Board agree to organize a committee consisting of members from each unit to discuss methods of improving tuition reimbursement. Said committee will commence no later than February 15, 2003 and will continue to work toward a method of reimbursing teachers for graduate courses. Should no agreement be reached by the start of the 2004-2005 school year, the language currently in the contract remains in effect and the tuition pool will be raised to $30,000.
ARTICLE XXVIII
DURATION OF AGREEMENT
IN WITNESS WHEREOF, the Association and the Board have caused this Agreement to be signed by their respective presidents as well as the Superintendent of Schools, and attested by their secretaries, all on the day and year first above written.
Mountain Lakes Education Association
_________________________________ _______________
Amal M. Hussein, M.L.E.A. President Date
_________________________________ _______________
Grace Buro, M.L.E.A. Secretary Date
Mountain Lakes Board of Education
_________________________________ _______________
Susan McCusker, Board President Date
_________________________________ _______________
Michael Kistner, Business Administrator/Secretary Date
Superintendent
_________________________________ _______________
Dr. John Kazmark, Superintendent of Schools Date |