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AGREEMENT
REGARDING THE TERMS AND
CONDITIONS OF EMPLOYMENT
BETWEEN
THE BOARD OF EDUCATION
OF THE
FRELINGHUYSEN TOWNSHIP
SCHOOL DISTRICT
AND THE
FRELINGHUYSEN EDUCATION ASSOCIATION
Effective July 1, 2004
Through June 30, 2007
THIS AGREEMENT made the 22nd day of September 2004 BETWEEN THE BOARD OF EDUCATION OF THE TOWNSHIP OF FRELINGHUYSEN, a municipality of Warren County and the State of New Jersey
AND THE FRELINGHUYSEN EDUCATION ASSOCIATION, an association located in the Township of Frelinghuysen in the County of Warren and State of New Jersey. This contract shall be in effect from July 1, 2004 through June 30, 2007.
In consideration of the mutual benefits accruing to each of the aforesaid parties by virtue of this agreement, they do respectively agree as follows:
I. Definitions: WHEN used in this agreement the terms hereinafter set forth,
should have the following meanings:
A. “Academic Year” shall mean the period between the opening day of school
in the school district after the general summer vacation and the next
succeeding summer vacation.
B. “Association” shall mean the Frelinghuysen Education Association.
C. “Board” shall mean the Board of Education of the Township of
Frelinghuysen.
D. “Chief School Administrator” shall mean the administrative head of the
school district as designated by the Board.
E. “Contract Year” shall mean the period covered by the definition of
academic year plus four (4) days.
F. “Part-Time Teacher” shall mean a publicly employed teacher who holds
all necessary certifications as required by the N.J.R.S. Title 18A, but is
employed by the Board for less than five full days per week.
G. “Retirement” shall mean the withdrawing of an individual from the
teaching profession with no intent to procure similar employment on a full-
time basis.
H. “Salary Schedule” shall mean a schedule of minimum salaries as herein-
after set forth fixed in accordance with years of employment and college
or university degree or the equivalent as defined by N.J.R.S. 18:29-6.
I. “School District” shall mean the corporate limits of the Township of
Frelinghuysen and the public schools situated therein.
J. “School day” shall mean the hours of 8:15 AM to 3:15 PM.
K. “School Year” shall mean the period between July 1st and continuing
through the following June 30th.
L. “Statute” shall mean the statutory law of the State of New Jersey as set
forth in the New Jersey Revised Statutes which shall hereinafter be
referred to as “N.J.R.S.”
M. “Teacher” shall mean a full-time publicly employed teacher who holds
all necessary certifications as required by N.J.R.S.
N. “Grievance” shall mean a claim by an employee or the Association based
upon the interpretation, application or violation of the Agreement, policies or administrative decisions which effect the terms and conditions of employment.
O. “Aggrieved Person” shall mean the person or persons or the Association
making the claim and any person including the Association or the Board whom might be required to take action or against whom action might be taken in order to resolve the claim.
P. “Time Limits” shall mean the number of days indicated at each level should be considered as maximum and every effort should be made to expedite the
the process. The time limits specified may, however, be extended by mutual agreement.
Q. “Year End Grievance” shall mean in the event a grievance is filed at such
time that it cannot be processed through all the steps in this grievance procedure by the end of the school year, and if left unresolved until the beginning of the following school year could result in irreparable harm to the parties in interest, the time limits set forth here shall be reduced so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practical.
II. REPRESENTATION AND PURPOSES: The Association is the representative
agency designated and selected by the majority of the teachers within the school
district. The Association represents that it has been so designated and selected
by the aforementioned teachers voting in an election conducted pursuant to the
provisions of N.J.R.S. 34:13A-5.3 and that it is the exclusive representative for
the collective negotiations concerning the terms and conditions of employment
of the teachers within said school district. The Board of Education and the
Association represent that this agreement has been signed by the authorized
representatives of the Board and Association.
A. Teacher and Association: Any aggrieved person may be represented at all
stages of the grievance procedure by themselves or at their option by representatives of their own choosing. The Association shall have the right to be present during all stages of the grievance procedures.
B. Separate Grievance File: All documents, communications and records dealing
with the processing of a grievance shall be filed in a separate grievance file and shall not be kept in the personnel file of any of the participants until the grievance is concluded.
C. Forms: Forms for filing grievances, serving notices, taking appeals, making
reports and recommendations and other necessary documents shall be prepared jointly and be mutually agreeable by the Chief School Administrator and the Association and given appropriate distributions so as to facilitate operation of the grievance procedure.
D. Meetings and Hearings: All meetings and hearings under this procedure shall
be conducted in private session and shall include only such parties in interest and their designated or selected representatives.
III. SCOPE OF AGREEMENT: This agreement shall be binding upon the Board
and the Association including all of the teachers within the school district.
This agreement shall be subject to all mandatory statutes of the State of New
Jersey and any question of policy not defined in the aforementioned statutes
or this agreement shall remain within the exclusive province of the Board.
This agreement shall take effect upon execution hereof for the coming year
to commence July 1, 2004 shall expire June 30, 2007 and shall automatically
be extended from year to year unless a supplemental or new agreement shall
be executed by the Board and Association.
IV. NEGOTIATIONS: The Association or its duly empowered officers shall
prepare in written form any proposals or amendments to this agreement for
a subsequent school year. Said proposals shall be presented to the Board on
or before 120 days prior to the Board’s budget hearing. Thereafter,
negotiations shall be conducted between the Board and Association on a
regular basis with the aim being a settlement prior to the school election.
V. TEACHER EMPLOYMENT: All teachers employed by the Board shall
receive annual remuneration pursuant to the salary schedule hereinafter set
forth taking into consideration the individual teacher’s years of employment
and college or university degree obtained or its equivalent. All part-time
teachers employed by the Board shall receive remuneration pursuant to said
salary schedule on a pro-rated basis. As for example, if a teacher is employed
two days a week, he or she shall receive two fifths of the full time salary as
hereinafter provided. All teachers with military service shall be given credit
for the same after the first year of employment by the Board to a maximum of
four years as defined by N.J.R.S. 18A:29-11. Prior experience by a teacher in
public, private or parochial schools may constitute credit toward years of
employment on an individual basis in the case of a particular teacher at the
discretion of the Board.
The salary schedule hereinafter set forth shall not apply to any person whose
employment is based on an emergency certificate and such persons shall receive
remuneration on an individual basis as may from time to time be determined by
the Board. The provisions of this agreement shall not apply to any person
employed as a substitute teacher on a day to day basis.
To insure equal employment opportunity for all persons and to prohibit
discrimination in employment because of sex, race, color creed, religion,
national origin and to have equal access to all categories of employment in the
public education system of Frelinghuysen Township School District and that an
intensive Affirmative Action Employment not limited to but including upgrading
demotion or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation including fringe
benefits; employment selection or selection for training and apprenticeship;
promotion or tenure.
VI. SALARY SCHEDULE: The following schedule is hereby adopted as the
minimum salary for teachers having the requisite experience and degree or
equivalent, as hereinafter set forth for the years 2004-05, 2005-06 and 2006-07 as shown on Table A – page 10, Table B page 11, and Table C – page 12
respectively. These salary schedules will reflect an aggregate increase of
4.25% in year 1, 4.00% in year 2, and 4.00% in year 3.
VII. PAYMENT OF SALARY: Teachers’ salaries shall be paid over the academic
year and on a ten month basis in twenty equal semi-monthly installments.
Payments shall be by check bearing current date and issued on the 15th and 30th
of each month from September through June. If such date falls on a holiday,
weekend or during vacation when the school is not in session, payment shall
be by check bearing current date and issued on the last working day prior to
said date. The salary of any teacher may be withheld for the failure to perform
the required duties of his or her position in accordance with the provisions of
N.J.R.S. Title 18.
VIII. STIPEND FOR PUPIL CONTACT: A fixed amount of $100 per teacher
having required pupil responsibility for overnight events. A fixed amount of
$50 for each teacher having required pupil supervision for the holiday and/or
Spring concerts, D.A.R.E. graduation program and Battle of the Minds. In the event of a full day teacher absence every effort will be made to obtain a substitute. If a teacher covers a class/activity during their prep period the coverage is $22.00 per period. Teachers will be guaranteed a minimum of six (6) prep periods a week, one per day. Teachers will be permitted to change this prep period, after a discussion with the Chief School Administrator, if it is agreeable to both parties. Teachers, once they have submitted their voucher to the Board Secretary, will receive payment of accrued coverage pay within two pay periods.
IX. LEAVES OF ABSENCE: Each teacher shall be allowed sick leave with pay on
the basis of 15 school days for each year. The unused portion of the first 12
personal sick days shall be cumulative to be used for additional sick leave as
needed in subsequent years. The 3 non-accumulative days are used for family
sick leave. In the event of the death in the immediate family of a teacher, that
teacher will be allowed an excused absence with pay as follows: five days for the
death of a father, mother, brother, sister, wife, husband or child; three days for
the death of grandparents, mother-in-law, or father-in-law, and one day for the
death of any other relative. In addition thereto, each teacher shall be allowed
three days for the transaction of personal business that cannot be conducted
outside regular school time. The request for such leave shall be made in writing
to the CSA at least one day in advance. Any personal days not used will be
added to accumulated sick leave at the end of each year.
IX. MATERNITY/ADOPTIVE/CHILD CARE LEAVE: Leave for disabilities caused by pregnancy shall be administered as any other sick leave. Extended maternity leave without pay may be granted subject to the following:
A. The dates of the leave shall not disrupt the educational process;
B. A non-tenured teacher may be granted leave to the expiration of her current contract;
C. A tenured teacher may be granted child care leave for the balance of the academic year and the whole of the next academic year, if requested;
D. The leave of absence for a teacher under tenure may extend, at a maximum, for the remaining portion of the school year in which the maternity leave commenced, plus one (1) additional full school year. If the tenured teacher elects to take the maximum allowable leave, a return to employment at the beginning of the next school year following the expiration of the approved leave shall be required unless an extension is granted by the Board.
E. Accumulated sick leave may only be used during periods of actual disability. All other periods during which a member is away from work as a result of child bearing or child rearing shall be deemed unpaid maternity leave. A member is entitled to a presumption of disability thirty days before and thirty days after the birth of her child.
F. Application for returning to work shall be made to the Chief School Administrator in writing by February 1st if they are applying for an extension of the leave for an additional academic year or if they plan to return to service for the upcoming academic year.
G. Upon return, the member’s placement shall be determined, as of the date commenced, on the appropriate step as set forth by this schedule. If the member has worked two marking periods before leaving, the member will be placed on the next step of the guide when they return.
H. In the case of adoption, the child care leave would begin with receipt of the child, and would either terminate with the expiration of a non-tenured teacher’s current contract, or at the end of the year for a tenured teacher, unless the tenured teacher applied for an extension of a additional academic year.
I. Return from child rearing leave would take place at the beginning of the school year. Such leaves will be provided for the staff as outlined in Board Policy 4151.10.
X. HOSPITALIZATION AND DENTAL INSURANCE: The Board will provide
and pay 100% for hospitalization for all full time teachers under full family
coverage. The coverage will be under the New Jersey State Health Benefits
Plan. The option of utilizing an alternate plan (HMO) will be at the employee’s
discretion, but any additional costs above the traditional N.J. State Health
Benefits Plan will be the responsibility of the employee.
The Board will provide and pay 100% for dental insurance for all full time
tenured teachers under full family coverage. The coverage will be under the Delta Dental Plan of New Jersey.
The Board shall furnish each teacher with a description of such insurance
coverage at the commencement of each academic year. The aforementioned
insurance coverage shall be subject to all terms and conditions set forth in the
group policy obtained by the Board.
XI. PAYMENT FOR UNUSED SICK LEAVE:
A. Upon termination of employment a stipend of $10.00 for each day
of accumulated sick leave shall be paid to the employee. There
shall be no limit on the number of days counted.
B. Upon retirement a stipend of $18.00 for each day of accumulated
sick leave shall be paid to the employee. There shall be no limit
on the number of days counted.
C. Such payment shall be made only if the person has had at least
10 years in our District.
D. The Board reserves the right to pay this attendance bonus the year
of termination or in the next budget year, whichever fits best the
financial position of the Board. To insure an orderly transition, six
months notice of said proposed retirement is requested.
E. The stipend for unused sick days would be given to the estate of the
employee in the event of his or her death.
XIII. TUITION REIMBURSEMENT: Tuition Reimbursement will be provided
to the staff as outlined in Board Policy 4131.3.
XII. CONVENTION EXPENSES: Teachers attending professional conventions such as speech, Special Education, early childhood, music, curriculum, supervisory, etc. are entitled to a $25 reimbursement for expenses. Additionally, teachers are
entitled to a reimbursement of up to a maximum of $25 for the purchase of
“classroom teaching supplies” obtained at the any professional convention. Reimbursement for supplies is contingent on the submission of receipts and approval of the CSA.
XV. CURRICULUM DEVELOPMENT: Board Policy 4143, “Extra Pay for Extra
Work” outlines the manner in which curriculum development work will be
accomplished.
XVI. GRIEVANCE PROCEDURE: A teacher with a grievance shall first discuss
the grievance with the Chief School Administrator within twenty (20) days of occurrence.
If the aggrieved person is not satisfied with the disposition of this grievance,
or if no decision has been rendered within five days, the teacher shall submit
the following in writing to the Chief School Administrator: their grievance, what provision in the contract is violated and the remedy that they are seeking.
If the aggrieved person is not satisfied with the disposition of this formal grievance, or if no decision has been rendered within five (5) days, the teacher may submit her/his formal grievance to the Board of Education in writing. A board-designated representative shall confer with the teacher within seven (7) days and give an answer within twenty-one (21) days. If the aggrieved person is not satisfied with the disposition of this grievance at the second formal level or if no decision has been reached, the aggrieved person may request that the Professional Right and Responsibilities Committee of the Association submit the grievance to advisory mediation. If upon review it finds that the grievance has merit, the Board and the P. R. & R. Committee shall attempt to agree upon a mutually acceptable mediator and shall obtain from the Mediator a commitment to serve. The Mediator selected shall confer with the representatives of the Board and the P. R. & R. Committee and hold a hearing promptly. The Mediator shall issue their decision not longer than twenty (20) days from the date of the closed hearings or if oral hearing have been waived, from the date the final statements and proof of the issues are submitted to them. The decision of the Mediator shall be submitted to the Board and the Association. The costs of services of the Mediator shall be borne equally by the Board and the Association. The aggrieved person shall have the right to representation at all stages of the grievance procedure.
XVII. INDIVIDUAL TEACHER CONTRACT AND/OR LETTERS OF INTENT:
On or before May 15, or as otherwise prescribed by statute (Title 18A:27-10)
and/or State Department of Education directive, the Board shall submit
contracts to all teachers without tenure which it desires to re-employ for the
following school year.
The Board shall also issue a letter of intent to all teachers under tenure within
the school district by the same May 15 deadline. Said contracts and letters of
intent shall set forth the annual salary to which said teacher is entitled pursuant
to the salary schedule herein before set forth and shall also indicate the tentative
grade assignment of the teacher for the forthcoming school year. If such
contracts are accepted by the individual teachers, they shall also execute the
same and return a signed copy to the Secretary of the Board within ten days
thereafter. If the Board does not receive accepted contracts on or before June
1st preceding the next school year, it shall be conclusively presumed that the
individual teachers do not intend to teach within the school district for the
forthcoming school year and the Board shall, thereafter, be at liberty to
negotiate for the employment of replacement teachers. The final grade
assignment for the forthcoming school year shall, of necessity, be at the
discretion of the Chief School Administrator with the approval of the
Board and may be changed prior to or during the subsequent academic year
if a change becomes necessary.
XVIII. JOB POSTINGS: Notification of all stipend positions in the Frelinghuysen
Township Public School shall be posted annually, no less than three weeks from
the end of the school year. The posted notice shall set forth the qualifications for the position, the requirements of the positions, and the salary the Board expects to pay. Individuals interested in applying for the position shall do so in writing, within ten (10) days of the date of the notice. The Chief School Administrator must give final approval.
XXIV. MISCELLANEOUS PROVISIONS: Neither the Board nor the Association
shall discriminate against any teacher because of membership or non-
membership in the aforementioned Association. The Board will furnish a
copy of the agreement to each of the teachers within the school district
within 15 days after the agreement is executed and shall file the same with
the proper authorities as set forth in the statutes in such case made and provided.
IN WITNESS WHEREOF the parties have hereunto executed these premises the day and
year first above written.
ATTEST: BOARD OF EDUCATION
TOWNSHIP OF FRELINGHUYSEN
_________________________ BY_____________________________
Secretary President
ATTEST: FRELINGHUYSEN EDUCATION
ASSOCIATION
_________________________ BY_____________________________
Secretary President
DATE:____________________
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