Contract Between
Bernards Tp B/E-Somerset
- and -
Bernards Tp EA
* * *
07/01/2004 thru 06/30/2007

CategorySchool District
UnitAides, Clerical, Teaching/Professional Staff

Contract Text Below
This agreement is entered into this 1st day of July, 2004 by andbetween the Board of Education of the Township of Bernards, New Jersey,hereinafter called the “Board” and the Bernards Township Education As-sociation, hereinafter called the “Association.”
WHEREAS, the Board and the Association recognize and declarewith the Administration that providing high quality education for the chil-dren of the Bernards Township School District is their mutual aim andthat the character of such education depends predominantly upon the qual-ity and morale of the teaching service, and
WHEREAS, the members of the teaching profession are particu-larly qualified to advise in the formulation of certain policies and pro-grams designed to improve educational standards, and
WHEREAS, the Board recognizes and supports its obligation,pursuant to Chapter 303, Public Laws, 1969, as amended, to negotiate withthe Association as the representative of employees hereinafter designatedwith respect to the terms and conditions of employment, and
WHEREAS, the parties have reached certain understandingswhich they desire to confirm in the Agreement, in consideration of thefollowing mutual convenants, it is hereby agreed as follows:
Article I
The Board hereby recognizes the Association as the exclusive andsole representative for collective negotiations concerning the terms andconditions of employment for personnel under contract, on leave, pres-ently employed, or employed any time during the contract year by theBoard, but excluding:
Superintendent of Schools
Assistant Superintendents
Assistant Principals
Board Secretary and/ or School Business Administrator
Confidential Employees – Central Office Personnel
Data Base Manager
Unless otherwise indicated, the term “employee,” when used here-inafter in this Agreement, shall refer to all employees represented by theAssociation in the negotiating unit as above defined.
The term “teacher,” when used hereinafter in this Agreement, shallrefer to all professional personnel.
Article II
A.The parties agree to enter into collective negotiations over a successorAgreement in accordance with Chapter 303, Public Laws 1968, asamended in a good-faith effort to reach agreement on all matters con-cerning terms and conditions of employment. Such negotiations shallbegin not later than October 15th of the calendar year in which thisAgreement expires. Any agreement so negotiated shall be reduced towriting, be signed by representatives of the Board and the Associa-tion, and after adoption by the Board and the Association, shall applyto all employees.
B.1.During negotiation, the Board and the Association shall presentrelevant data, exchange points of view, and make proposals andcounter-proposals.
2.The President of the BTEA/designee shall receive written notifica-tion when additions or deletions are planned in any or all contractswithin five days of the proposed change.
3.Salaries for all new positions within the scope of the BTEA bar-gaining unit, created by the Board of Education at any time duringthe year, shall be considered a part of that unit, and shall be thesubject of negotiations between the President of the BTEA or des-ignee of the BTEA and Board of Education prior to posting of saidpositions.
C.Neither party in any negotiations shall have any control over the se-lection of the negotiating representatives of the other party. The par-ties mutually pledge that their representatives shall be clothed with allnecessary power and authority to make proposals, consider propos-als, and make counterproposals in the course of the negotiations.
D.1.Representatives of the Board and the Association’s negotiation com-mittee shall meet when either party feels it necessary to review theadministration of the Agreement and to resolve problems that mayarise. These meetings are not intended to bypass the grievance pro-cedure.
2.Within a reasonable time prior to the meeting, each party shall sub-mit to the other an agenda covering matters they wish to discuss.
3.All meetings between the parties shall be scheduled, whenever pos-sible, to take place when the teachers involved are free from as-signed instructional responsibilities, unless otherwise agreed.
E.This Agreement incorporates the entire understanding of the partieson all matters which were the subject of negotiation. During the termof this Agreement neither party shall be required to negotiate withrespect to any such matter whether or not covered by this Agreementand whether or not within the knowledge or contemplation of eitheror both of the parties at the time they negotiated or executed this Agree-ment.
F.This Agreement shall not be modified in whole or in part by the par-ties except by an instrument in writing duly executed by both parties.
Article III
1.A “grievance” is a claim based upon the interpretation, applica-tion, or violation of this Agreement, or of any other administrativedecision or policy which affects the terms and conditions of em-ployment of an employee or group of employees covered by thisAgreement made by an employee or the Association.
2.An “aggrieved person” is the person, or persons, or Association,making the claim.
3.A “party in interest” is the person or persons making the claim andany person who might be required to take action or against whomaction might be taken in order to resolve the claim.
1.The purpose of this procedure is to secure, at the lowest possiblelevel, equitable solutions to the problems which may from time totime arise affecting the welfare or terms and conditions of employ-ment. Both parties agree that these proceedings will be kept as in-formal and confidential as may be appropriate at any level of theprocedure.
2.Nothing herein contained shall be construed as limiting the rightof any employee having a problem to discuss the matter informallywith any appropriate member of the administration and havingthe problem adjusted, provided the adjustment is not inconsistentwith terms of the Agreement.
1.Since it is important that grievances be processed as rapidly as pos-sible, the number of days indicated at each level is a maximum andevery effort should be made to expedite the process. The time lim-its specified may, however, be extended by mutual agreement. Fail-ure by the grievant to initiate or process any grievance within thetime limits indicated shall constitute an abandonment of the griev-ance and a waiver of any right to proceed. Failure of the Board orits representative to answer in a timely fashion shall permit thegrievance to be moved to the next step.
2.In the event a grievance is filed at such time that it cannot be pro-cessed through all the steps in this grievance procedure by the endof the school year, and if left unresolved until the beginning of thefollowing school year, could result in irreparable harm to eitherparty, the time limits set forth herein shall be reduced so that thegrievance procedure may be exhausted prior to the end of the schoolyear or as soon thereafter as is practicable.
3.Level One-Principal or Immediate Supervisor
      (a) An employee may initially discuss a matter which he/she shallidentify as a grievance, with the Immediate Supervisor in anattempt to settle the matter informally. At the request of eitherthe Employee or Supervisor, a building representative and/oranother administrative person (excluding the Superintendentor Assistant Superintendent) may attend this informal meet-ing. This informal meeting is not intended to extend the timelimitations as otherwise set forth in this contract.
      (b) In the event the employee is not satisfied by an informal at-tempt to resolve the problem, he/she shall so inform his/herImmediate Supervisor by filing a written grievance within forty-five (45) school days of the event’s occurrence, setting forth theproblems to be considered (with an informational copy to theAssociation). Within five school days after receiving the notice,a formal meeting to discuss the grievance shall be attended bythe Immediate Supervisor and/or another administrative per-son (excluding the Superintendent or Assistant Superintendent),the employee and the building representative of the BTEA. TheImmediate Supervisor shall provide the employee and the BTEAa written statement setting forth his/her decision on the griev-ance which was presented to him/her within five school daysof the meeting. If the employee is not satisfied with the resolu-tion at Level One, the grievances shall then proceed to the nextlevel in accordance with the provisions of this agreement.
    4.Level Two - Superintendent
    If the aggrieved person is not satisfied with the disposition ofhis/her grievance at Level One, he/she may file the grievance inwriting with the Association within five school days after the deci-sion at Level One or ten school days after the grievance was pre-sented, whichever is sooner. Within five school days after receiv-ing the written grievance, the Association shall refer it to the Su-perintendent of Schools. The Superintendent shall render his/herwritten decision within thirty (30) school days of the receipt of thegrievance.
    5.Level Three - The Board of Education
    If the aggrieved person is not satisfied with the disposition ofhis/her grievance at Level Two, or if no decision has been renderedwithin ten school days after the grievance was delivered to the Su-perintendent, he/she may within five school days after a decisionby the Superintendent or fifteen days after the grievance was de-livered to the Superintendent, whichever is sooner, submit the griev-ance to the Board. The Board shall have thirty (30) school days fromthe receipt of the grievance to render its decision.
    6.Level Four - Arbitration
      (a) If the aggrieved person is not satisfied with the disposition ofhis/her grievance at Level Three or if no decision has been ren-dered within five school days of the Board’s decision or tenschool days after the grievance was delivered to the Board,whichever is sooner, the grievant may file a written request withthe Association to submit the grievance to Arbitration. If theAssociation determines the grievance to be meritorious, theAssociation may, within ten school days from the date of thegrievant’s appeal, submit a written request to the Superinten-dent requesting arbitration of the grievance. Grievances con-cerning:
        1.Any matter for which a specific method of review is pre-scribed either by law or any rule or regulation of the StateCommissioner of Education or any matter which accordingto law is either beyond the scope of Board authority or lim-ited to action by the Board alone;
        2.A complaint of a non-tenure teacher which arises by reasonof his/her not being re-employed;
        3.A complaint by any teacher occasioned by appointment to,or lack of appointment to, retention in or lack of retentionin any position for which tenure is either not possible or notrequired; as provided in the Board Policy Manual, revised:December 15, 1975 paragraph 3.9, “Extra-curricular assign-ments are on a year to year basis, independent of teachingcontracts, and do not achieve tenure. Based on recommen-dation of the Superintendent, the Board grants and discon-tinues such assignments as required for the proper functionof the school system. If and when it becomes necessary todiscontinue such an assignment after being held by oneteacher for more than one year, his or her immediate supe-rior will counsel the teacher regarding the reasons for non-renewal of assignment. If such reasons involve inability toperform in the assignment as required, it is understood thatthrough prior counseling the individual will have had theopportunity to meet the requirements of the assignment.”
        shall not be deemed to be arbitrable.
      (b)Within ten school days after receipt of the appeal to arbitration,the Board and the Association shall agree on an arbitrator, whoshall then be contacted and requested to submit available datesfor hearing the grievance. If the Board and the Association areunable to agree on the selection of an arbitrator, the Associationshall request the Public Employees Relations Commission tosubmit to parties a list of seven names of potential arbitrators.The Board and the Association shall then select, by mutual agree-ment or by a process of alternate striking, an arbitrator fromthe list submitted by PERC. In the event the process of alter-nately striking names is used, the party to strike first shall bedetermined by coin toss.
      (c) The arbitrator so selected shall confer with the representativesof the Board and the Association, shall hold hearings promptly,and shall be requested to issue his/her decision within a rea-sonable period of time. The arbitrator’s decision shall be inwriting and shall set forth his/her findings of fact, reasoning,and conclusions on the issues submitted. The arbitrator shallbe without power or authority to make any decision which re-quires the commission of an act prohibited by law or which isviolative of the terms of this Agreement. The decision of thearbitrator shall be submitted to the Board and the Associationand shall be final and binding on the parties.
      (d) The cost for the services of the arbitrator, including per diemexpenses if any, and actual necessary travel, subsistence ex-penses and the cost of the hearing room shall be borne equallyby the Board and the Association. Any other expenses incurredshall be paid by the party incurring same.
D.Rights of Employees to Representation
    1.An aggrieved person may be represented at all stages of the griev-ance procedure by himself/herself or, at his/her option, by a rep-resentative selected or approved by the Association. When an em-ployee is not represented by the Association, the Association shallhave the right to be present and to state its views at all stages of thegrievance procedure.
    2.No reprisals of any kind shall be taken by the Board, any memberof the administration or its representatives, or any member of theAssociation, any party in interest, any representative, or any otherparticipant in the grievance procedure by reason of such participa-tion.
    1.If, in the judgement of the Association, a grievance affects a groupor class of employees, the Association may process such a griev-ance through all levels of the grievance procedure even though theaggrieved person does not wish to do so, such a grievance com-mencing at Level Two.
    2.Decisions rendered at Levels Two, Three and Four of the grievanceprocedure shall be in writing setting forth the decisions and thereasons therefore and shall be transmitted promptly to all partiesin interest and to the Chairperson of the Association.
    3.All documents, communications, and records used by the Board indealing with processing of a grievance shall be filed in a separateand confidential file and shall not be kept in the personnel file ofany of the participants.
    4.All documents, communications, and records by the Associationin dealing with a grievance shall be maintained in a separate andconfidential file by the Association.
    5.Forms for filing grievances, serving notices, taking appeals, mak-ing reports and recommendations, and other necessary documentsshall be prepared jointly by the Superintendent and the Associa-tion and given appropriate distribution so as to facilitate operationof the grievance procedure.
    6.All meetings and hearings under this procedure shall not be con-ducted in public and shall include only such parties in interest andtheir designated or selected representatives, hereintofore referredin this Article.
Article IV
A.A copy of the current Agreement shall be provided upon employment.
B.The Board of Education shall have sole discretion to place new em-ployees any place on the guide.
C.Teachers with previous teaching experience in the district shall uponreturning to the system receive full credit on the salary schedule for alloutside teaching experience in a duly accredited school, military expe-rience or alternative civilian service required by the Selective ServiceSystem, Peace Corps, VISTA, or National Teacher Corps work and timespent on a Fullbright or other approved scholarship up to the maxi-mum set forth in Section B above. Such teachers who have not beenengaged in other teaching or the other activities indicated above shall,upon returning to the system, be restored to the next position on thesalary schedule above that at which they left, unless the experience isdirectly related to their major teaching field.
D.Previously accumulated unused leave days will be restored to all teach-ers who are returning from leave or who have been subject to a reduc-tion in force.
E.1.Teachers shall be notified of their contract and salary status for theensuing year not later than the date required by law.
2.The Administration will make every effort to inform teachers oftheir grade and subject area teaching assignments for the ensuingyear by June 15th. It is understood that in the event circumstancesmake it educationally desirable that an assignment be changed af-ter that date, the teacher shall be so notified by mail addressed tothe teacher’s regular mailing address as shown on the schoolrecords.
3.The BTEA President or designee shall receive copies of all teacherschedules by August 15th for the purpose of review. Schedules de-veloped after August 15th shall be reviewed when available.
F.A notice of vacancy shall be posted in each building as far in advanceas is practical. An effort will be made to provide candidates from withinthe staff one week’s time to submit their applications. Such noticeswill be posted for established positions or newly created positions andshall set forth the qualifications for the position and the applicationprocess. The Association will provide the Board with a list of summeraddresses of its officers and head building representatives. These peoplewill be informed of job postings during the summer. It will be theirresponsibility to notify the staff of such openings.
G.Employees hired before February 1 will advance to the next step of theguide in the ensuing year. Employees hired on or after February 1 willremain on the same step of the salary guide in the ensuing year.
Article V
A.Academic Responsibilities
1.It is recognized by the Board and the Association that the teachingprofession consists largely of academic responsibilities (class in-struction, lesson planning, evaluating pupils’ work, working withindividual students, working with groups of students in unassignedsituations and assemblies), and of academically related responsi-bilities (parent conferences, professional meetings and seminars,professional study, State Department of Education and Middle At-lantic States Evaluations, and public relations).
2.Of the academic responsibilities listed, only class instruction needtake place at regular and assigned times. The following provisionsshall apply to such instruction:
      a.The daily teaching load in grades K-5 shall not exceed five hoursof classroom instruction and one hour of extra pupil contact.Substitutes shall be provided for teachers of special subjectswhen absent. All professional staff members in grades K-5 shallhave 5 prep periods and 5 lunch periods totaling 500 minutesper week. In no case shall a teacher have a prep/lunch periodof less than 30 minutes. All teachers shall have at least one prepscheduled daily. Special area teachers shall remain primarilyresponsible for the delivery of their special area curriculum.Every effort will be made to arrange teaching schedules so thatteachers in grades K-5 will not have more than 2-1/2 hours ofcontinuous teaching.
      b.The daily teaching load in grades 6-12 shall not exceed fiveteaching periods, each of which shall not exceed fifty minutes,except when deemed necessary by the interested Principal andagreed to voluntarily by teacher(s) concerned. The Head Build-ing Representative shall be notified of all such sign-offs afterthey have been obtained. Further exceptions may be made inaccordance with C.5 of the Article.
      c.Teachers in grades 6-12 shall not be required to teach more thanthree different subject areas, nor to have more than a total ofthree teaching preparations, except when deemed necessary bythe interested Principal and agreed to by the Head BuildingRepresentative and teacher(s) concerned. When possible, teach-ers shall serve on only one interdisciplinary teaching team ingrades 9-12.
      d.Teachers in grades 6-12 shall not be required to teach continu-ously for more than three periods, except when deemed neces-sary by the interested Principal and agreed to by the Head Build-ing Representative and teacher(s) concerned. However, on theschool days that have been reduced in the total length for anyreason, the Administration may change the order of the day’speriods, even though some staff members may have to teachmore than three consecutive periods under the revised dailyschedule.
      e.To afford the Administration some flexibility in scheduling ingrades 6-12 (in the event that the Administration may wish toinstitute any non-traditional form of scheduling) the length ofclasses may exceed 50 minutes, provided that no teacher hasmore than five classes (rollbook/instructional groups) whoseweekly total meeting time does not exceed 1250 minutes. Fur-thermore, any weekly instructional schedule must provide ev-ery teacher with a preparation period of at least 40 minutes perday, or preparation time divided into twenty minute segments.Teachers in grades 6-8 shall have five (5) preparation periodsper week and teachers in grades 9-12 shall have six (6) prepara-tion periods per week. Middle School teachers shall have five(5) team planning periods and teachers at the High School shallhave four (4) tutorials/planning periods. The above paragraphin no way rescinds Article V, Section A, paragraphs 2c or d.
      f.Each teacher shall be assigned to one period (not to exceed 50minutes) per day, four days a week to a resource room or learn-ing center/station (media or computer room) for tutorial pur-poses or to a team teaching planning period. For these four pe-riods, teachers shall keep a record of students who avail them-selves of tutorial assistance. A procedure for implementationshall be developed. It is understood that the sole purpose of thelog being maintained is to track the use of the tutorial period. Itshall not be used in any way that might be construed as reflect-ing on the performance of the staff members. During these 4periods, teachers shall be assigned to a station. These periodsare predicated upon the 9 period (including lunch) school day.Should the school day be reduced in number of periods, theassignment of tutorial/planning periods cannot take place. Inaddition, any daily schedule must guarantee every teacher atleast one prep period per day. A teacher who has already signeda memorandum of understanding to teach more than 25 peri-ods per week (Article V, C, 5.) cannot be scheduled for a com-bined total of instructional periods and tutorial/planning/ac-tivity periods greater than 30 per week.
      g.A zero-period option shall refer to any situation where a teacheris required to teach a course or schedule a related activity out-side the normal school day in order to satisfy his/her contrac-tual obligation.
      1.Such employees assigned to these positions shall have theirregular workday adjusted for the equivalent amount of time.
      2.In any event, the employees' workload and responsibilitiesshall be assigned in accordance with the provisions outlinedin Article V.
      3.Said employees shall not be required to attend any faculty orprofessional meetings which are held beyond the regularteacher workday on days when they are assigned classes out-side of the regular workday.
      4.Whenever any such position is assigned as an evening pe-riod to a teacher who has only a part-time assignment duringthe regularly scheduled school day, the employee shall becompensated at the rate of one-fifth of the full-time base sal-ary for that employee. If the teacher assigned has a full sched-ule during the school day, the parties shall meet and negoti-ate appropriate compensation.
      h.Traveling teachers shall be notified of their home base schoolas of September 1 and shall be required to comply with the workhours and workload relevant to that school. Traveling teachersshall be required to attend only those meetings scheduled attheir home base school. Traveling teachers shall be providedtransit time between buildings.
3.To facilitate working with students beyond the classroom, each teachershall be available a minimum of fifteen minutes immediately follow-ing the dismissal of students at the end of each school day for the pur-pose of working with individual students or groups of students. The15 minutes formerly designated as unassigned time for working withstudents beyond the classroom shall be incorporated within the teach-ing work day for grades 9-12 effective in the 1994-95 school year. There-fore, teachers in the High School shall not be required to be availablebeyond the work day. Arrangements for the use of this time may beinitiated by either the teacher or the students. Those teachers who haveextra-curricular responsibilities (i.e. coaches) which make this impos-sible shall make individual arrangements with their principals. Teach-ers shall be in attendance in school 15 minutes before the beginning ofthe school day. These 15 minutes shall be non-pupil contact time.
4.From time to time, the Association may present proposals for releasedtime days to be used to improve the quality of education in the dis-trict. Such proposals shall be presented to the Administration for con-sideration and if accepted, shall be forwarded to the Board for finalapproval.
5.Teachers may be required to attend no more than two evening assign-ments or meetings each school year, unless released time is providedthe day of that evening; said assignments for evenings, will be heldWednesday whenever possible.
6.The district shall attempt to provide training adequate to prepare allof the participants in the inclusion situation to meet the education and/or medical needs of the student in advance of the child’s entry into theclassroom. The nature of such training shall be determined as part ofthe Needs Assessment Procedure for the student. Ongoing trainingshall be provided as well.
7.Compensatory time will be provided for Pupil Assistance Committeemembers, with the exception of the referring teacher.
B.Non -Academic Services
    1.Both parties recognize that there are operational functions not di-rectly related to the educational process which are performed mosteffectively by members of the teaching staff.
      a.These functions include before and after school supervision ofstudents (grades 6-12 only), bus duty, cafeteria supervision(grades 6-12 only), classroom supervision prior to start of in-struction (grades 6-8 only), and other services traditionally per-formed by teachers (hall duty, study hall).
      b.In grades 6-12, to insure an equitable distribution of these non-academic services, each teacher shall have no more than 250minutes or 5 periods per week of non-academic pupil contact(See V. A.2.e.), and it shall be limited in nature to those func-tions listed in Article V. B.1.a. Each teacher shall have the op-portunity in May to inform his/her Building Principal of his/her first and second preferences in regard to these non-academicservices. Using this list of preferences as a guide, the assign-ment of these non-academic services shall be made by theBuilding’s Principal or Vice Principal in consultation with theAssociation’s Head Building Representative. Duties shall berotated on a per semester basis.
      c.To further insure an equitable distribution of these non-academicservices, a teacher who is being paid for an extracurricular ac-tivity or a non-teaching assignment shall not also be relieved ofschool duties described in this Agreement.
2.It is further recognized by the Board of Education and the Associa-tion that certain non-academic services can be effectively performedby persons other than teachers. Therefore, both parties agree to thefollowing provisions:
      a.Teachers may not be required to collect funds.
      b.A teacher shall not be required to compile PTA or Home andSchool Association student lists.
      c.A teacher shall not be required to drive students to activitieswhich take place away from the school building, but may do sovoluntarily with the advance approval of his/her Principal. Forteachers authorized by the Superintendent to transport childrenin their own cars, the Board will require that each teacher file inthe Board Secretary’s office a Certificate of Insurance specify-ing $500,000/$1,000,000 coverage. The Board will reimburseeach teacher in an amount not to exceed $100 per year for theadded cost of such additional insurance.
    1.Teachers will be permitted to leave after termination of the lastscheduled period for students upon completion of any other as-signed or scheduled professional duties or any other academicallyrelated responsibilities, except in cases that are specified in A.3 andB.1 of this Article. Teachers shall indicate their presence for dutyby placing a check mark in the appropriate column of the facultyroster.
    2.Teachers may leave the building without requesting permissionduring their scheduled duty-free lunch period and/or duringpreparation periods provided notice is given to some person des-ignated by the Building Principal.
    3.The President of the Association for the term of this contract shallbe relieved of all non-teaching duties within the school day, exceptfor those activities in which all faculty members are asked to par-ticipate. For a newly installed President of the Association (one whohas not been President the previous year), such relief may be de-layed by the Administration, but must begin no later than the be-ginning of the ensuing academic year. In addition, upon approvalof the Superintendent, the President or designee may be given re-leased time to conduct business of benefit to the district.
    4.The practice of using a regular teacher as a substitute, thereby de-priving him of his preparation period, is undesirable and shall bediscouraged. In those cases where regular substitutes are not avail-able, regular teachers who volunteer may be used as substitutesduring their non-teaching time. In the absence of volunteers, ateacher may be assigned to serve as a substitute. Volunteers andassigned teachers shall be paid as per Schedule K.
    5.Should it appear to be educationally sound, a teacher may exchangehis/her period of non-academic pupil contact for an additional classwith the mutual agreement of the Building Principal.
    6.All increases in the length of the school day, as it affects the lengthof each teacher’s work day, (i.e., the total daily time teachers arerequired to be in the school building) will be subject to negotia-tions.
Article VI
A.1.The in-school work year for teachers employed on a ten monthbasis (other than new personnel who may be required to attend anadditional 5 days of orientation) shall not exceed one hundredeighty-seven days, which shall be designated as follows: staff willbe in attendance on the day before school opens; there will be 183student contact days, including 3 snow days; on the two staff de-velopment days and the day after the close of school, there will beno student contact time. Snow days in excess of three shall be takenout of the spring vacation. The last two days of the school yearshall be half days for students in grades K-5.
    2.The in-school work year of teachers employed on an eleven monthbasis shall not exceed two hundred and seven days.
    3.The in-school work year shall include days when pupils are in at-tendance, orientation days, and any other days on which teacherattendance is required.
B.The detailed school calendar shall be formulated by the Administra-tion. A copy of the proposed calendar will be sent to the Associationfor its consideration prior to the Board’s approval.
Article VII
A.Pursuant to Chapter 303, Public Law 1968, as amended, the Boardhereby agrees that every employee of the Board shall have the rightfreely to organize, join and support the Association and its affiliatesfor the purpose of engaging in collective negotiations and other con-certed activities for mutual aid and protection. As a duly selected bodyexercising governmental power under the laws of the State of NewJersey, the Board undertakes and agrees that it shall not directly orindirectly discourage or deprive or coerce any employee in the enjoy-ment of any rights conferred by Chapter 303, Public Laws 1968 or otherLaws of New Jersey or Other Constitutions of New Jersey against anyemployee with respect to hours, wages, or any terms or conditions ofemployment by reason of his/her membership in the Association andits affiliates, his/her participation in any activities of the Associationand its affiliates, collective negotiations with the Board, or his/ herinstitution of any grievance, complaint or proceeding under this Agree-ment or otherwise with respect to any terms or conditions of employ-ment.
B.Nothing contained herein shall be construed to deny or restrict to anyemployee such rights as he/she may have under New Jersey SchoolLaws or other applicable laws and regulation. The rights granted toemployees hereunder shall be deemed to be in addition to those pro-vided elsewhere.
C.No employee shall be disciplined, reprimanded, reduced in rank orcompensation or deprived of any professional advantage without justcause. Any such action asserted by the Board, or any agent or repre-sentative thereof, shall be subject to the grievance procedure herein setforth.
Article VIII
A.The Board agrees to furnish to the Association in response to reason-able requests from time to time all available information concerningthe financial resources of the district, including but not limited to: an-nual financial reports and audits, agendas and minutes of all Boardmeetings, student enrollment data, individual and group teacher healthinsurance premiums and experience figures, and such other informa-tion that shall assist the Association in developing intelligent, accu-rate, informed and constructive programs on behalf of the teachersand their students, together with information which may be necessaryfor the Association to process any grievance or complaint.

B.The Association shall have, in each school building, the exclusive useof a bulletin board in each faculty lounge and teachers’ dining room.The Association shall also be assigned adequate space on the bulletinboard in the central office for Association notices. The location of theAssociation bulletin boards in each room shall be designated by theAssociation. Copies of all materials to be posted on such bulletin boardsshall be given to the Building Principal for his approval before post-ing.

C.The Association shall have the right to use the inter-school mail facili-ties and school mail boxes as it deems necessary and without approvalof Building Principals or other members of the Administration. Suchcommunication shall bear signature of officers of the Association. TheBuilding Representative shall be responsible for the distribution ofmaterials to members.

D.The rights and privileges of the Association and its representatives asset forth in the Agreement shall be granted only to the Association,and to no other teacher representative agency.

E.The Board shall develop orientation programs for new teachers andshall afford the Association the opportunity to make a presentationduring the orientation program.

Article IX
A.In order to encourage the maximum development of each teacher andto aid in making employment decisions, the Administration shall carryout a policy of adequate observation and constructive evaluation.
      a.Tenure teachers: a minimum of one visitation per year
      b.Non-tenure teachers: a minimum of one visitation per semes-ter, or three per year
      c.If a teacher is observed the minimum number of times per se-mester or year, the observations should be separated by two (2)weeks or more.
    2.Observations should be at different hours of the school day to per-mit the teacher to be seen in a variety of teaching and child-han-dling situations.
    3.A “Record of Classroom Visit” form shall be completed by the ob-server in every case of a formal visitation. The principal’s copy shallbe signed by the teacher and filed in the teacher’s individual folder.One copy of this record shall be given to the teacher.
    4.A pre-conference may be held before the formal visitation. An evalu-ation conference shall be held after each formal observation, andthe teacher shall be given the evaluative material at least one dayprior to the conference.
    1.Formal annual evaluations of teachers shall be conducted.
    2.Such formal evaluation shall include a discussion between theAdministration and the teacher of the teacher’s strengths and weak-nesses.
    3.A teacher shall be given a copy of any Classroom Visit or Evalua-tion Report and any other evaluative material within 10 days ofthe observation and at least one day prior to any conference at whichthe evaluation is to be discussed.
D.Personnel Records
    1.Personnel records maintained by the Administration should in gen-eral contain the following kinds of material:
      a.Academic credentials and personal references, which shouldbe retained permanently. The confidentiality of such documentsmust be protected.
      b.Material involving formal evaluation of the staff member. Suchmaterial shall have been discussed with and signed by the em-ployee prior to becoming a part of his/her file under establishedprocedures and should be retained for as long as deemed ap-propriate by the Administration.
      c.Other material involving the staff member.
    2.Personnel files shall be reviewed annually by the responsible su-pervisor. All official personnel files are located in the central office.A teacher shall have the right to review his/her personnel file an-nually, and should set up an appointment for the review. The teachershall also have the right to submit a written response to anythingin his/her file for placement therein. The response must be sub-mitted within six (6) months of the teacher’s first receipt, or firstreview of the material being responded to, whichever occurred first.
E.Communications from the Public
    1.The Board and the Association shall encourage an atmosphere ofopen communications between the school system and the public.It is understood and agreed that the Administration will encour-age citizens to resolve any complaints at the lowest level: staff mem-ber, Principal/Supervisor, Superintendent.
    2.Complaints from the public involving the performance of a cur-ricular or extracurricular staff member should be discussed infor-mally by the citizen with the responsible Principal. Prior to anyaction being taken on the complaint, the teacher concerned shallbe apprised of the nature of the complaint by his/her immediatesupervisor, and offered an opportunity to respond. Copies of anywritten communication from the public will be given to the staffmember by the appropriate Prinicipal/Supervisor. Any complaintwhich is not satisfactorily resolved will then be submitted in writ-ing to the Superintendent by the complainant. The Superintendentwill make a recommendation for the resolution of the complaintand will forward the recommendation to the Board of Educationand the teacher.
    3.The Board shall not entertain questions or discussions in public onany matter involving the performance of a staff member unless ithas had an opportunity to review the written complaint.
Article X
A.Building Principals shall provide the Head Building Representativeswith a complete and specific list of each teacher’s pupil load by Octo-ber 1 of each school year.
Article XI
A.In our rapidly changing society teachers must constantly review cur-ricular content, teaching methods and materials, educational philoso-phy and goals, social change and other topics related to education.The Board recognizes that it shares with its professional staff responsi-bility for the upgrading and updating of teacher performance and atti-tudes. The Board and the Association support the principle of con-tinuing training of teachers and the improvement of instruction. Theparties further agree that each teacher should fulfill the obligation forprofessional improvement in ways that best serve his/her own prob-lems, functions, interests and needs as they relate to the District.
B.1.One half of the cost of registration and tuition or $225 per academicyear whichever is greater for further study will be paid to teacherswith complete certification (standard or permanent certificates) asapplied to courses taken in isolation (not part of a degree program).Up to one hundred percent (100%) reimbursement will be providedfor courses which are a part of an employee's first graduate degreeprogram related to the field of education, however, such expenseshall be capped at the per credit rate charged by Rutgers, the StateUniversity at the time the course is taken. Up to seventy-five per-cent (75%) reimbursement will be provided for courses which area part of an employee's second or additional graduate degree pro-gram. Those staff members who were accepted for enrollment priorto July 1, 2004 shall have 100% reimbursement for the additionalgraduate degree program. Where such reimbursement is expected,courses must have prior approval of the Superintendent of Schools.Computation of reimbursement due to teachers must be based onthe academic year during which the course(s) were taken, eventhough request for reimbursement may have to be made at the be-ginning of the ensuing academic year. Employees who are requiredor requested by the Administration to receive or provide special-ized training for fulfillment of their duties shall complete the train-ing during the school day or be compensated by their regular rateof pay if training is received outside of the school day.
    2.Full reimbursement of all reasonable expenses will be made to teach-ers who are required or requested by the Administration, or re-quest and receive approval of the Administration, to attend work-shops, seminars, conferences, in-service training sessions, or otherprofessional meetings.
    3.A Staff College shall be established as a part of the in-service train-ing program for full-time, non-tenured staff members.
      a.First year teachers with standard certificates and all second andthird year teachers shall be required to attend 15 clock hours oftraining per year. These credits are not accruable towards crediton the salary guide. In-servicing scheduled during the workdayshall not count towards the 15 hours. Course requirements shallbe determined by the administration. Courses shall includeClassroom Management and Essential Elements of Instruction.Staff members may elect the order in which courses are taken.Upon approval of the Superintendent, Graduate Level Coursesmay take the place of this requirement. These credits are notaccruable for movement on the salary guide until the GraduateProgram in completed.
      b.First year teachers who are being mentored and first yearalternate route teachers are exempt from the 15 credit hourrequirement referred to in XI, B. 3a.
      c.Participation in such training is voluntary for tenured staffmembers and maternity leave replacement staff members whohave completed the staff college requirement during their firstthree years.
      d.In-service courses relating to instructional issues conductedoutside of the school day/year, will be eligible for one (1) creditfor each twenty (20) clock hours. Such credits shall be applicabletowards advancement on the salary guide for all employees.
      e.Staff members who teach such courses shall be eligible to choosebetween receiving credit on the salary guide or receiving astipend for teaching the first time they teach the course.Thereafter, they shall receive a stipend.
    4.The following provisions apply to the mentoring process for firstyear teachers.
      a.Formal evaluations of the first year teacher shall be conductedin accordance with the State requirements at the end of the 10th,20th and 30th weeks by the building principal, and/or districtsupervisor. Formal classroom observations shall be conductedas per the district policy for non-tenured teacher.
      b.Teachers may be required to serve as mentors. In that case, thefollowing provisions shall apply:
        1.Mentoring positions shall be posted and interested partiesmay apply through the normal process.
        2.If no one applies, the mentoring role shall be assigned on arotating basis.
      c.The mentor teacher shall not observe or evaluate the first yearteacher formally. Notes, discussions, employee input or otherdocumentation may not be used in the formal evaluation pro-cess.
      d.Fees associated with the training Beginning Teacher InductionProgram shall be paid in accordance with the State requirement.
      e.Mentors and mentorees must participate in the district's Men-tor program and attend all mentor/mentoree meetings.
C.Staff members shall be able to advance to the next column on the sal-ary guide as of September 1st and March 1st. The administration shalldevelop procedures for application for salary guide advancement.Only graduate or staff college credits shall be considered for move-ment on the guide.
D.Teachers with standard certificates shall fulfill the 100-hour require-ment as per NJAC 6:11-13.1-6:11-13.6. Teachers shall have the right toapply to attend Professional Development activities other than thoseprovided by the Board. As part of the District’s efforts to assist teach-ing staff members in meeting their Professional Development 100 hourrequirement, the following in-service flex day program will be offered:Tenured staff members may opt to attend 6 hours of Staff College inlieu of attending the district in-service day on the Friday precedingMemorial Day. Non-tenured staff members may attend an additional6 hours beyond the 15 hours required in Article XI, B.3 in lieu of at-tending that day. Partial credit for less than 6 hours will not be granted.
Article XII
A.The primary purpose of sick leave is to cover the absence of an em-ployee from school in the event of personal illness that would makehis/her presence in school inadvisable. Sick leave applies only to ab-sences resulting from illness of the employee themselves; absencecaused by illness in the immediate family is described in Article XIVTemporary Leave of Absence.
B.Non-tenure teachers shall be allowed 10 days sick leave. Tenured staffshall have 13 days of sick leave. In accordance with State Law, unusedsick leave days shall be accumulated and pro-rated to employees whoare employed part of a year.
C.Teachers transferred from another district within the State shall be al-lowed one-half of all the sick leave days accumulated in the prior dis-trict up to a maximum of 45 days.
D.The Board of Education through administrative channels, reserves theright to have the reason(s) for absence due to illness validated by adoctor’s statement. As a general rule, such a request will not be madeuntil after the third day of illness.
Article XIII
    1.Accumulated sick leave shall be eligible for reimbursement at re-tirement at the rate set forth in Schedule L. Retirement shall be de-fined as eligibility to collect benefits upon termination of work inaccordance with the New Jersey Division of Pensions. Eligibilityfor deferred retirement is not considered retirement.
    2.In the event of a prolonged illness requiring use of sick day leaves,an employee can use all sick days which have been previously ac-cumulated.
    3.All employees shall be notified yearly by September 15 of theiraccumulated sick days as of the closing of the preceding schoolyear.
    4.All unused personal and family illness days shall accumulate asunused personal sick days.
Article XIV
A.Leaves of absence with full pay shall be granted annually for the fol-lowing reasons:
Upon approval of the Principal
    1.For personal illness in the immediate family (spouse, child, parent,grandparent wherever living, or any other member of theemployee's immediate household).
    Maximum Allowance: 5 days per year
    2.For death in the immediate family (spouse, child, parent, brother,sister, grandparent, grandchild, father-in-law, mother-in-law) or anyother member of the employee's immediate household.
    Maximum Allowance: 5 days per occasion
    3.For other death in the family, (uncle, aunt, nephew, niece, cousin,brother-in-law, sister-in-law, son-in-law, daughter-in-law).
    Maximum Allowance: 1 day per occasion
    4.For the purpose of visiting other schools or attending meetings orconferences of an educational nature.
    Maximum Allowance: 2 days per occasion
B.1.For reasons of the need to discharge a business or family obliga-tion or responsibility which cannot be handled outside school hours.A personal leave day cannot normally be used the day before orthe day after a holiday or vacation period or the first or last day ofthe teacher's school term. Application through the teacher's Princi-pal shall ordinarily be made at least three days prior to the leave.Extreme situations can arise, which make three day notificationimpossible, and will be judged on an individual basis. Except forsaid situations, such days will be granted automatically.
Maximum Allowance: 2 days per year.
2.For jury duty.
Maximum Allowance: As required
3.For appearance in any legal proceeding connected with the teacher'semployment or with the school system.
Maximum Allowance: As required
4.For temporary active duty with any unit of the U.S. Reserves or theState National Guard provided such obligation cannot be fulfilledwhen school is not in session. The employee shall be paid his/herregular pay in addition to any pay which he/she receives from theFederal or State Government.
Maximum Allowance: As required
C.Upon notification to the Superintendent, a maximum of four days eachfor two representatives to attend conferences of state and national af-filiates shall be granted.
D.Payment for other leaves of absence or emergency absence may begranted by the Superintendent with Board approval, with or withoutfull pay. For purposes of this article, the term “without pay” means theper diem salary.
E.Full and half day absences shall be defined as follows. An employeewho is absent the entire day or works less than 4 hours shall be chargeda full day absence. An employee working more than 4 hours but notthe entire work day shall be charged a half day absence.
Article XV
A.A leave of absence without pay of up to two years shall be granted toany teacher who, as a full-time participant:
    1.Joins the Peace Corps.
    2.Joins VISTA.
    3.Joins the National Teacher Corps.
    4.Serves as an exchange teacher.
    5.Is offered and accepts a Fullbright or other approved scholarship.
Provided he/she makes application for reinstatement within 90 daysafter completion of his/her obligation and upon approved return fromsuch leave, a teacher shall be considered as if he/she had been activelyemployed by the Board during the leave. He/ she shall be placed onthe salary schedule at the level he/she would have achieved had he/she not been absent provided, however, that time spent on said leaveis not counted toward the fulfillment of the time required for acquir-ing tenure.
B.A military leave without pay shall be granted to any teacher who isinducted or enlists in any branch of the Armed Forces of the U.S. untilexpiration of the first enlistment or the duration of the national emer-gency. Such teacher shall be reinstated to a position in the system withfull credit including annual increments provided, however, that he/she makes application for reinstatement within 90 days after dischargefrom the Armed Forces.
C.Child Care Leave
The Board shall grant care leave in accordance with the provisionsherein. Such leave shall be without pay, except that during periods ofmaternity disability leave, salary shall be paid in accordance with thesick leave statutes, policies and this Agreement.
    1.The Board shall grant child care leave without pay to tenured em-ployees because of the birth of a child for a period of no more thanone (1) full school year, plus the balance of the school year in whichthe birth occurred. If a shorter period is requested, the return datemust either be the beginning of the school year, or the beginning ofthe second semester. Non-tenured employees shall be granted childcare leave only for the remainder of the contract year in which thebirth occurred. All such leaves must commence, when possible, onthe first day of a semester and end on the last day of a semester(February 1, September 1).
    2.An employee must apply for child care leave at least sixty (60) daysprior to the start of the leave, unless an emergency prevents suchnotice. The request must state the anticipated date of beginning ofthe leave and the anticipated date of return.
    3.Any employee who becomes pregnant may at her discretion electto use all or any portion of her accumulated sick leave during anyportion of her pregnancy that her physician certifies she is physi-cally unable to work by applying in writing at least sixty (60) daysprior to the beginning of such leave, unless an emergency preventssuch notice. Such period shall be referred to as sick leave and theemployee shall receive full pay and benefits during said period. Itis required that the employee produce her physician’s certificate insupport of her request for the use of sick leave days. Her physician’scertificate is subject to agreement by the Board’s physician basedupon the employee’s medical records and upon consultation withthe employee’s physician. If after such analysis the Board ofEducation’s physician and the employee’s physician are unable toagree, then the two physicians shall agree in good faith on a thirdimpartial physician, who shall examine the employee, at the Board’sexpense, and whose medical opinion shall be conclusive and bind-ing on the medical issue. Where medical opinion is supportive ofthe sick leave to any employee, the commencement and termina-tion dates thereof may be further extended or reduced for medicalreasons upon an application by the employee to the Board. Suchextension or reduction shall be granted by the Board, provided theemployee produces a physician’s certificate in support of the re-quested change, which certificate is subject to agreement by theBoard’s physician as above provided.
    4.Any employee who does not elect to take a child care leave maycontinue to perform her duties as long as physically able to do soand will be entitled to return when her physician certifies that sheis physically able to do so. The period of such absence will bedeemed the same as for any other physical disability, and she willbe entitled to her annual and accumulated sick leave with pay dur-ing the period of disability.
    5.Upon return from a child care leave of absence, the employee shallbe reinstated in a position for which he/she is certified.
    6.The Board is under no compulsion to continue the employment ofa non-tenured employee beyond the contracted period so long asthe non-renewal of employment is not based solely upon a condi-tion of pregnancy or childbirth . The child care leave period shallnot be counted for tenure purposes.
    7.Any employee who has been granted a child care leave of absencewill be advanced a full salary guide step if he/she works morethan ninety (90) teaching days in a given school year. Any daysthat school is closed for emergency reasons (such as snow) duringthe ninety (90) plus days that he/she has elected to work shall notbe deducted from the total days he/ she has elected to work.
    8.Child care leave shall also be available to an employee who adoptsa child under the same conditions set forth above. In such a case,the employee shall make application at least sixty (60) days priorto the beginning of such leave, unless an emergency prevents suchnotice. The application of the employee shall be accompanied byan affidavit verifying the adoption, in support of the requested childcare leave dates.
    9.In the event that the need for child care leave is negated, the em-ployee may request to return to his/her position at an earlier date.Upon the recommendation of the Superintendent and the approvalof the Board, an employee may leave or return at an earlier datethan initially requested.
    10.Upon return from a leave of absence under this Article, the em-ployee shall retain any unused sick leave. Any additional sick leaveshall not accumulate during the period of the leave of absence.
    11.If an employee becomes pregnant after the birth for which she hasbeen granted a child care leave and prior to the termination of suchleave, the Board shall, upon request, extend the original child careleave for a maximum of one year, with the provision that the ex-tended return date shall coincide with the commencement of ei-ther the beginning of the school year or the beginning of the sec-ond semester of the school year. Sick leaves shall not apply to thepregnancy subsequent to the birth for which the employee has beengranted child care leave.
    12.In the case of miscarriage or stillbirth, the employee may elect toreturn to her position at an earlier date. Upon the recommendationof the Superintendent and the approval of the Board, an employeemay leave or return at an earlier date than provided herein.
D.Any teacher who is elected or selected for a full-time public office whichtakes him/her from his/her teaching duties shall be granted a leavewithout pay for the term of such office or two years, whichever is less.Unless such teacher returns within this time limit, the leave shall ter-minate unless it has been renewed for a specific period with the ap-proval of the Superintendent.
E.Other extended leaves of absence without pay may be granted by theBoard on the recommendation of the Superintendent.
F.Upon return from an extended leave, the employee shall be reinstatedin a position for which he/she is certified.
G.Persons on full year leaves of absence shall notify the Bernards Town-ship Board of Education in writing by March 15th whether or not theyintend to return. Persons whose leaves begin after February 1 shallnotify the Bernards Township Board of Education at least 60 days inadvance of the end of their leave whether or not they intend to return.
Article XVI
A.A sabbatical leave of up to one year may be granted to a teacher by theBoard on the recommendation of the Superintendent for study, fortravel, or other activities of value to the school system, subject to thefollowing conditions:
    1.The teacher has completed at least seven full teaching years of ser-vice in the Bernards Township School District. Such years need notbe consecutive.
    2.Such leaves shall be granted to no more than two eligible teachersat any one time.
    3.Requests for such leave must be received by the Superintendent inwriting no later than March 15, in such forms as may be mutuallyagreed upon by the Superintendent and the Association. Actionmust be taken on all such requests no later than April 15 precedingthe school year for which the leave is requested.
    4.The teacher shall enter into a contract to continue in the service ofthe Bernards Township School District for a period of at least two(2) years after the expiration of such leave . The teacher shall ex-ecute a promissory note equivalent to the payment received whileon leave. This note will be discharged at a rate of fifty percent (50%)after completion of one (1) year of service to the Board, and com-pletely discharged after two (2) years. The teacher shall not be con-sidered to be in violation of this provision in the event that failureto return to employment with the Bernards Township District iscaused by the death of the teacher or the disability of the teacher ascertified by the trustees of the Teacher Pension and Annuity Fund.
B.A teacher on sabbatical leave shall be paid by the Board at the rate ofseventy-five percent (75%) times one-half of his/her base salary for ahalf year’s sabbatical leave or fifty percent (50%) times his/her fullyear’s salary for a full year’s leave. Such payments shall be made inaccordance with the normal pay schedule.
C.Upon return from sabbatical leave, the teacher shall be placed on thesalary schedule at the level which he/she would have achieved hadhe/she remained actively employed in the system during the periodof his/her absence. He/she shall continue as an employee in the Ber-nards Township System for a minimum of two years unless the partiesmutually agree otherwise. Upon return, the teacher shall submit to theSuperintendent a written report summarizing such activities while onsuch leave. This is not to be considered a request for approval.
D.During the period of the leave, the Board shall maintain the teacher’spension payments based upon his/her full salary.
Article XVII
A.The Board shall provide health-care insurance protection and shall paythe full premium for employees and their dependents under theseplans. There shall be two plans offered to employees whose effectivedate of employment is prior to July 1, 2004: The current Traditionalplan and a PPO health plan, with 80% out-of-network benefits. Em-ployees whose effective date of employment is on or after July 1, 2004shall be provided a POS network benefits until tenured or after 3 yearsas Maternity Leave Replacement. All insurance plans shall be struc-tured in compliance with the Mental Health Parity Act.
Deductible for Traditional Plan shall be $300/$400
Co-pay for PPO Plan shall be $15
Co-pay for POS Plan shall be $5.
B.The Board shall provide a dental benefit insurance plan for enrolledemployees and dependents. The Board shall pay the premium at therate in effect on June 30, 1998. Any increase in the premium above thatamount shall be deducted from the employee's salary in accordancewith the provisions of Article XIX. The Dental Plan will provide a maxi-mum allowance of $2000 annually.
C.The Board shall provide a vision plan for enrolled employees and de-pendents. The cost of the premiums shall be covered by the employee.
D.The Board shall provide an Employee Assistance Plan at no cost to theemployee.
E.For each employee who remains in the employ of the Board for the fullschool year, the Board shall make payment of insurance premiums toprovide insurance coverage for the full twelve month period commenc-ing July first and ending June thirtieth; when necessary, premiums onbehalf of the employee shall be made retroactively or prospectively toinsure uninterrupted participation and coverage.
F.The Board shall provide to each employee a description of the health-care insurance coverage provided under this article; this shall includea clear description of conditions and limits of coverage.
G.At any time, insurance carriers may be changed but only by mutualagreement of the Board of Education and the BTEA.
H.Major Medical Insurance Coverage for Retirees: The following condi-tions apply to any employee electing Major Medical Insurance cover-age as a retiree:
    1.The total annual premium cost of the major medical insurance mustbe paid in full to the Board Secretary by the retired employee, inaccordance with the insurance company requirements. Further, anypremium increase occurring either during a contract year or in sub-sequent contract years must be paid by the retired employee.
    2.The retiree must remain continually enrolled in the major medicalplan. If the retiree does not remain enrolled because of failure topay the premium or for other cause, the retiree is not eligible toreinstate the program.
    3.Retired employees may belong to the major medical plan only un-til such time as they become eligible to participate in another majormedical plan through their spouse or other employment.
A.The salaries of all employees covered by this Agreement are set forthin Schedules A through L which are attached hereto and made a parthereof.
B.1.Employees on a twelve-month basis shall be paid in twenty-foursemi-monthly installments.
    2.Employees on a ten-month basis, including Instructional Aides andSchool Aides, shall be paid in twenty equal semi-monthly install-ments.
    3.When a pay day falls on or during a school holiday, vacation orweekend, employees shall receive their pay checks on the last pre-vious working day.
    4.Employees shall receive their final checks and the pay schedule forthe following year on the last working day in June. Final pay willonly be released if all duties have been completed.
    5.Any employee who is employed to serve on less than a full-timebasis shall be paid on a pro-rated share of the basic full-time salaryof the position for which said employee is engaged.
C.An employment or adjustment increment may be withheld in wholeor in part for inefficiency or other just cause related to the performanceof duties and only in accordance with the following:
    1.No increment or part thereof shall be withheld unless a teacher hasbeen evaluated in accordance with Article IX, Teacher Evaluationand Personnel Records, of this Agreement.
    2.The immediate supervisor and/or Principal shall not forward anyrecommendation to withhold a teacher's increment or a part thereofthrough the Superintendent to the Board unless at least sixty (60)calendar days prior thereto, and in no case later than June 30 of thepreceding school year in which such action would take effect, thePrincipal has given to the teacher against whom the recommenda-tion will be made, written notice of the alleged cause(s) for the rec-ommendations specifying the nature thereof with such particularsas to furnish the teacher an opportunity to correct and overcomethe same.
    3.Once a recommendation is forwarded to the teacher and the Board,the teacher may within ten (10) school days request a hearing.
Article XIX
A.The Board agrees to deduct from the salaries of its employees dues forthe Bernards Township Education Association, Somerset County Edu-cation Association, the New Jersey Education Association, and theNational Education Association. Such deductions shall be made in com-pliance with Chapter 310, Public Laws of 1967 (NJSA 52 :14-15. 9e) andunder rules established by the State Department of Education.
B.Said monies and pertinent documentation shall be transmitted directlyto NJEA for disbursement to the appropriate associations by the 15thof the month of the current pay period. The Association MembershipChairperson shall keep membership records up to date and shall con-vey the information to the Board Office.
C.Employees may individually elect to have a percentage of their monthlysalary deducted from their pay. These deductions shall be transferredto the credit union. To be eligible for this “Summer Payment Plan,”employees must be members of the credit union. Arrangements mustbe made with the Board Secretary by June 30 prior to the affected schoolyear. This program will be the only “Summer Payment Plan” offeredby the district.
D.Employees may individually elect to have a designated sum of moneydeducted from their pay for a tax-sheltered annuity. These funds shallbe paid by the Board Secretary to the carrier of the plan designated bythe Association, provided that a minimum of five persons elect to par-ticipate and the plan is administered in accordance with Internal Rev-enue Service Guidelines.
E.Employees may individually elect to have a designated sum of moneydeducted from their pay for a Prudential Insurance Company plan.These funds shall be paid by the Board Secretary to the carrier.
F.All monies deducted voluntarily for deposit in the credit and/or tax-sheltered annuity shall be deposited promptly by the close of the payperiod.
G.Employees may elect to have a sum of money deducted from their payfor continued dental insurance coverage as set forth in Article XVII.
Article XX
If media specialists are employed for the month of July or August,they shall be compensated at one-tenth of their annual base salary.
Article XXI
The ten-month contract for the Guidance Counselor(s) shall be of thesame duration as that of the teachers plus ten additional days which shallbe worked as specified by the Building Principal in consultation with theDirector of Guidance. For this work counselors shall be paid a salary dif-ferential of 5%, the total payment, base and differential, to be listed as onefigure on the contract and to be paid in 20 equal payments. Compensatorytime shall be provided for attendance at evening assignments/meetings,excluding the two mandatory evening assignments referenced in ArticleV, A, 5.
Article XXII
No later than the end of the month of September, the Superintendentof Schools will issue a memorandum notifying non-certified personnel ofthe name and title of their immediate supervisor for the purpose of super-vision, evaluation and the processing of grievances. Employees coveredunder this provision shall be evaluated in accordance with Board policy.
Article XXIII
A.Salaries and hours of work
1.The salaries of all employees in this category are set forth in Sched-ule G.
2.All hours over 40 hours in any week shall be paid at the rate of oneand one half (1-1/2) times the regular salary, except that hoursworked on Sundays and holidays shall be paid at the rate of two(2) times the regular salary.
3.The Board retains the right to hire personnel at hourly rates forfull-time or part-time duties; however, such employment arrange-ments shall not exceed twenty consecutive working days, afterwhich the employee must either be placed on the contractual guideor paid the hourly rates equivalent to the contract guide. The Boardalso retains the right to hire students for part-time duties at ratesbelow contractual guide, but agrees to consult with the Associa-tion through its President prior to any such planned use.
B.Sick Leave/Temporary Leaves of Absence
All employees covered by this Agreement shall be entitled to the samesick leave, including sick leave reimbursement. They will have ten (10)sick days a year and the same temporary leave of absence policies asapply to the professional staff. For definition of full and half day ab-sences reference Article XIV, E.
C.Insurance Protection
All employees covered by this Agreement shall be entitled to the sameinsurance protection policies as apply to the professional staff.
D.Notice of Termination of Services
Notice of termination of contract shall be given in writing by either theBoard or the employee not less than thirty (30) days before said termi-nation.
E.When employees in this category are scheduled to participate duringworking hours in conferences and/or meetings respecting this Agree-ment, they shall suffer no loss in pay providing permission of the Build-ing Principal or Supervisor has been obtained, for such participation.
F.The Board shall notify all employees in this category by May 30 con-cerning their re-employment.
Article XXIV
A.Salaries and hours of work:
    1.The salaries of all employees in this category are set forth in Sched-ule F.
    2.The regular work week shall be 40 hours, including a one hourlunch period. The regular work year is 12 months.
    3.The work schedule shall be agreed upon by the Building Principalor Supervisor and the employee(s).
    4.Employees required to work beyond 40 hours in one week exclu-sive of their lunch hours shall be paid at one and one half (1-1/2)times the contractual rate.
B.Sick Leave-Temporary Leaves of Absence
All employees covered by this Agreement shall be entitled to the samesick leave, including sick leave reimbursement and temporary leaveof absence policies as apply to the professional staff. For definition offull and half day absences reference Article XIV, E.
C.Insurance Protection
All employees covered by this Agreement shall be entitled to the sameinsurance protection policies as apply to the professional staff.
D.Notice of Termination of Services
Notice of termination of contract shall be given in writing by either theBoard or the employee not less than thirty (30) days before said termi-nation.
E.When employees in this category are scheduled to participate duringworking hour in conferences and/or meetings respecting this Agree-ment, they shall suffer no loss in pay, providing permission of Build-ing Principal or Supervisor has been obtained for such participation.
F.Vacation Schedule
Secretarial personnel shall have days off to coincide with the schoolcalendar. Secretaries shall have vacation days equal to one half thenumber of workdays in the months of July and August. Vacation daysare prorated based on length of employment during the current schoolyear. Vacation days may be taken at any time during the year withprior approval of the immediate supervisor. With approval of the Build-ing Principal or Supervisor, the employee may elect to work duringone of the school vacation weeks and add this week to vacation timeduring that year. Vacation days are not cumulative and must be usedwithin the year they are earned.
If there is a change of classification during the contract year, the em-ployee will be paid the salary corresponding to the new classificationfor whatever remains of the contract year.
H.The Board shall notify all employees in this category by May 30 con-cerning their re-employment.
Article XXV
A.Salaries and hours of work:
    1.The salaries of all employees in this category are set forth in Sched-ule H.
    2.As hourly employees, the schedule for instructional aides shall beassigned in accordance with the needs of the particular program.Employees working longer than four hours daily, shall be entitledto a one hour lunch period. Aides working at least five hours perday will be entitled to receive health benefits. The lunch perioddoes not apply to computation for benefits qualification.
    3.The work schedule shall be agreed upon by the Building Principalor Supervisor and the employee(s).
    4.Employees required to work beyond 40 hours in one week exclu-sive of their lunch hours shall be paid at one and one-half 1-1/2)times the contractual rate.
B.Sick Leave-Temporary Leaves of Absence
All employees covered by this Agreement shall be entitled to the samesick leave, including sick leave reimbursement and temporary leaveof absence policies as apply to the professional staff. For definition offull and half day absences reference Article XIV, E.
C.Insurance Protection
All employees covered by this Agreement shall be entitled to the sameinsurance protection policies as apply to the professional staff.
D.Notice of Termination of Services
Notice of termination of contract shall be given in writing by either theBoard or the employee not less than thirty (30) days before said termi-nation.
E.When employees in this category are scheduled to participate duringworking hours in conferences and/or meetings respecting this Agree-ment, they shall suffer no loss in pay, providing permission of Build-ing Principal or Supervisor has been obtained for such participation.
If there is a change of classification during the contract year, the em-ployee will be paid the salary corresponding to the new classificationfor whatever remains of the contract year.
G.Any employee in this category required to attain a Commercial Driver'sLicense (CDL) for continued employment, shall have all costs paid inadvance by the Board of Education. The stipend for completion of dutiesrequiring the CDL shall be per Schedule H.
H.The Board shall notify all employees in this category by May 30 con-cerning their re-employment.
Article XXVI
This Agreement shall be effective as of July 1, 2004, and shall con-tinue in effect through June 30, 2007, subject to the Association’s right tonegotiate salaries and fringe benefits annually as provided in Article IIand subject to the Association’s right to negotiate a Successor Agreementas provided in Article II. This Agreement shall not be extended orally, andit is expressly understood that it shall expire on the date indicated unlessextended by mutual agreement.
In witness whereof the parties hereto have caused this Agreementto be signed by their respective Presidents, attested by their respectiveSecretaries, and their corporate seals to be placed hereon on this
1st day of July, 2004

Co-Presidents President
Secretary Secretary

Extra-Curricular Activities
Salary Guide:
Professional Staff and
Certified (Degreed) School Nurses
Salary Guide:
Professional Staff and
Certified (Degreed) School Nurses
Team and Elementary Grade Level Leaders

M.S. Team Level LeadersElem. Grade Level Leaders
Special Services
Members of Special Services working in summer will be paid at theper diem rate of 1/180 of the annual base salary. Employees in this cat-egory whose effective date of employment is on or after July 1, 2004 shallbe paid 1/200 of the annual base salary.
Guidance Counselors' Salaries
Ten-Month Contract:1.05 times the proper step on the current
Teacher Salary Guide
School Aides

2004-05 16.902005-06 17.672006-07 18.52

The Board shall notify School Aides by May 30 concerning their re-employment for the following September.

Travel/Substitute Class Coverage
The rate of compensation for:
1)Travel incurred as part of instructional assignment, approved confer-ences, workshops, etc., shall be reimbursed at current IRS rate per mile.
2)Substitute class coverage shall be paid $15.00 per class.
Sick Leave Reimbursement
Sick Leave Reimbursement at retirement shall be at the rate of: $25.00 perday, with a maximum of $5,000. The terms of said reimbursement are de-scribed in Article XIII (pg. 20).
Teachers of the Autistic
Teachers of the Autistic whose effective date of employment is on or afterJuly 1, 2004 shall work an extended school year and shall be paid at theper diem rate of 1/200 of the annual base salary. Teachers whose effectivedate of employment is prior to July 1, 2004 may choose to teach the ex-tended school year and shall be paid at the same per diem rate of 1/200 ofthe annual base salary.
Longevity (Previous Years in District)
1-4 years0 points
5-9 years1 point158166174
10-14 years2 points319334350
15-19 years3 points478500524
20+ years4 points637667699
A.The Longevity Provision is applicable only to those positions fundedby the Board of Education.
B.Notice of termination of services shall be given in writing by either theBoard or the employee not less than ten (10) days before said termina-tion.
IRecognition Clause1
IINegotiation of Successor Agreement2
IIIGrievance Procedure3
IVTeacher Employment7
VTeacher Work Load and Responsibilities9
VITeacher Work Year14
VIIEmployee Rights14
VIIIAssociation Rights and Privileges15
IXTeacher Evaluation and Personnel Records16
XClass Size17
XIProfessional Improvement18
XIISick Leave20
XIIISick Leave Reimbursement20
XIVTemporary Leaves of Absence21
XVExtended Leaves of Absence22
XVISabbatical Leaves25
XVIIInsurance Protection26
XIXDeductions from Salaries28
XXMedia Specialist29
XXIGuidance Counselors29
XXIINon-Certified Staff29
XXIIISchool Aides30
XXVInstructional Aides32
XXVITerms and Ratification of Agreement33
Schedule AProfessional Staff34
Schedule BTeam and Elem. Grade
Level Leaders37
Schedule CSpecial Services37
Schedule DGuidance Counselors37
Schedule EExtra Curricular Activities37
Schedule FSecretaries41
Schedule GSchool Aides41
Schedule HInstructional Aides42
Schedule IBedside Instruction42
Schedule JSummer Curriculum42
Schedule KTravel/Substitute Class Coverage42
Schedule LSick Leave Reimbursement42
Schedule MTeachers of the Autistic42

A.Beginning July 1, 2001 all employees formerly frozen at Step 10 BAshall be placed on Step 11 for the 2001-02 school year and thereafter,progress annually on the guide.
B.Doctoral Degree stipend - $1000

Salary Guide:
Professional Staff and
Certified (Degreed) School Nurses
Ridge High School04/0505/0606/07
Head Football-Varsity9,1989,62110,083
Assistant Football- Varsity6,0706,3496,654
Head Freshman Football6,0706,3496,654
Assistant Freshman Football5,4625,7135,988
Head Basketball8,2758,6559,071
Assistant Basketball5,4625,7135,988
Freshman Basketball5,4625,7135,988
Head Wrestling8,2758,6559,071
Assistant Wrestling5,4625,7135,988
Freshman Wrestling5,4625,7135,988
Head Soccer6,9677,2887,637
Assistant Soccer4,6014,8135,044
Freshman Soccer4,6014,8135,044
Head Track6,9677,2887,637
Assistant Track4,6014,8135,044
Head Baseball6,9677,2887,637
Assistant Baseball4,6014,8135,044
Freshman Baseball4,6014,8135,044
Head Softball6,9677,2887,637
Assistant Softball4,6014,8135,044
Freshman Softball4,6014,8135,044
Head Field Hockey6,9677,2887,637
Assistant Field Hockey4,6014,8135,044
Freshman Field Hockey4,6014,8135,044
Head Indoor Winter Track5,9296,2026,500
Assistant Indoor Winter Track3,9134,0934,290
Head Ice Hockey6,3596,6526,971
Assistant Ice Hockey4,1974,3904,601
Head Lacrosse6,9677,2887,637
Assistant Lacrosse4,6014,8135,044
Freshman Lacrosse4,6014,8135,044
Head Cross Country5,9296,2026,500
Assistant Cross Country3,9134,0934,290
Head Swim Team5,9296,2026,500
Assistant Swim Team3,9134,0934,290
Head Ski Team4,6014,8135,044
Head Tennis4,6014,8135,044
Assistant Tennis3,0363,1763,328
Head Fencing4,6014,8135,044
Assistant Fencing3,0373,1763,329
Equipment Manager3,0473,1873,340
Intramurals season/ per day471492516
Head Cheerleader Advisor, Fall3,5473,7103,888
Assistant Cheerleader Advisor, Fall2,3412,4492,566
Freshman Cheerleader Advisor, Fall2,3412,4492,566
Head Cheerleader Advisor, Winter2,3652,4732,592
Assistant Cheerleader Advisor, Winter1,5371,6081,685
Fall Fitness Center471492516
Winter Fitness Center471492516
Spring Fitness Center471492516
Summer Fitness Center471492516
Fall Site Manager2,1282,2262,333
Winter Site Manager2,8372,9683,110
Spring Site Manager2,1282,2262,333
Athletic Health Support limit per season 70 hrs.70 hrs.70 hrs.
Drama Club Fall2,1392,2372,344
Drama Club Spring2,1392,2382,345
Marching Band Producer3,9204,1014,298
Assistant Marching Band(2)2,6682,7912,925
Jazz Band1,5961,6691,750
Musical Director3,3273,4803,647
Assistant Musical- Choral2,7442,8703,008
Assistant Musical- Producer2,7442,8703,008
Assistant Musical- Technical2,7442,8703,008
Auditorium Sound / Lighting Manager2,6442,7652,898
Literary Magazine2,8993,0323,178
Prom Advisor1,3831,4471,516
Student Council2,3702,4792,599
National Honor Society(2)1,6761,7541,838
Ridge Service Organization9349771,024
Class Advisor-Senior1,3831,4471,516
Class Advisor-Junior1,3831,4471,516
Class Advisor-Sophomore1,0391,0871,139
Class Advisor-Freshman1,0391,0871,139
Detention- year/per day1,0641,1131,166
Detention-weekend/per hour474952
Academic League2,2482,3512,464
Academic Decathlon2,7162,8412,977
Science League Advisor2,2482,3512,464
Forensic Advisor-CFL2,0002,0922,192
Assistant Forensic Advisor-CFL1,3001,3601,425
Forensic Advisor-NFL2,0002,0922,192
Assistant Forensic Advisor-NFL1,3001,3601,425
Forensic Advisor-National Circuit2,0002,0922,192
Assistant Forensic Advisor-National Circuit1,3001,3601,425
Model UN/Congress1,6761,7541,838
AFS Advisor1,6761,7541,838
Art Club906948993
Latin Club906948993
French Club906948993
Japan Club906948993
Spanish Club906948993
Chess Club906948993
Green Team Club906948993
Asian Club906948993
Operation Smile Club906948993
Open Mind Club906948993
Robotics Club906948993
Activities Supervisor per hour222324
Ski Club111
Peer Leadership(2)1,8111,8941,985
SAT Review2,2992,4052,520
Technology Specialist3,5473,7103,888
Lighting Supervisor per hour303132
Audio Visual2,4212,5332,654
Video Production4,6014,8135,044
William Annin School
Intramural Coordinator6,0256,3026,605
Intramurals season/ per day471492516
Musical Director3,3273,4803,647
Assistant Musical- Band2,7442,8703,008
Assistant Musical- Choreographer2,7442,8703,008
Assistant Musical- Set Design2,7442,8703,008
Student Production Lighting Manager1,3221,3831,449
Jazz Band1,2761,3341,398
Wind Ensemble1,2761,3341,398
Select Choir1,2761,3341,398
Student Council2,3702,4792,599
6th Grade Activity2,3702,4792,599
8th Grade Excursion(2)1,8111,8951,985
6th Grade Homework Club1,8111,8951,985
7th Grade Homework Club1,8111,8951,985
8th Grade Homework Club1,8111,8951,985
Detention - year /per day1,0641,1131,166
Detention-weekend/per hour474952
Art Club906947993
Latin Club906947993
French Club906947993
Spanish Club906947993
Computer Web Club906947993
Chess Club906947993
Ski Club111
Peer Leadership(8)1,8111,8951,985
Destination Imagination906947993
Technology Specialist3,5473,7103,888
Lighting Supervisor per hour303132
Audio Visual2,4212,5332,654
Intramurals season/ per day471492516
Enrichment Directors(4)3,3043,4563,622
Enrichment Teachers661691724
Destination Imagination(2)906947993
A.M. Proctor906948993
Technology Specialist(4)3,5473,7103,888
Elementary A.M. Proctor 2 per building906947993
Audio Visual(4)2,4212,5332,654
Summer Curriculum
All summer curriculum work (or similar projects) will be specificallydefined (nature and duration) and posted by May 15. Payment will be atthe rate of $150.00 per diem (5 hours per day).
Bedside Instruction
2004-05 60.00
2005-06 63.00
2006-07 66.00
Instructional Aides
A.Commercial Driver's License (CDL) - $1000
04-0505-06 06-07
A.Secretaries shall have the option of completing the following skill teststo qualify for proficiency base salary adjustments of $350 per skill, witha maximum of 4 adjustments per skill.
Excel / Word / Cognos / Power Point / Access
B.The Superintendent has the sole discretion to place new employeesany place on the guide.
C.Substitute Acquisition Clerk: Add to appropriate step.
2004-05 5,4122005-06 5,6612006-07 5,933




A.Beginning July 1, 2001 all employees formerly frozen at Step 10 BAshall be placed on Step 11 for the 2001-02 school year and thereafter,progress annually on the guide.
B.Doctoral Degree stipend - $1000

A.Beginning July 1, 2001 all employees formerly frozen at Step 10 BAshall be placed on Step 11 for the 2001-02 school year and thereafter,progress annually on the guide.
B.Doctoral Degree stipend - $1000

Bernards Tp BE and Bernards Tp EA 2004.pdf