Contract Between
Clark Tp B/E-Union
- and -
Clark EA
* * *
07/01/2007 thru 06/30/2010


CategorySchool District
UnitAides, Cafeteria Workers, Clerical, Custodians, Teaching/Professional Staff

Contract Text Below
AGREEMENT





between





THE CLARK BOARD OF EDUCATION
OF THE TOWNSHIP OF CLARK,
UNION COUNTY, NEW JERSEY



and



THE CLARK EDUCATION ASSOCIATION







JULY 1, 2007 to JUNE 30, 2010








57

TABLE OF CONTENTS


AGREEMENT PAGEREF _Toc194825139 \h 1

PREAMBLE PAGEREF _Toc194825140 \h 1

ARTICLE I - RECOGNITION PAGEREF _Toc194825141 \h 1

ARTICLE II - NEGOTIATION PROCEDURE PAGEREF _Toc194825142 \h 2

ARTICLE III - MANAGEMENT RIGHTS PAGEREF _Toc194825143 \h 3

ARTICLE IV - JUST CAUSE PAGEREF _Toc194825144 \h 4

ARTICLE V - GRIEVANCE PROCEDURE PAGEREF _Toc194825145 \h 4

ARTICLE VI - Association RIGHTS AND PRIVILEGES PAGEREF _Toc194825146 \h 10

ARTICLE VII - REPRESENTATION FEE PAGEREF _Toc194825147 \h 12

ARTICLE VIII - EMPLOYEE RIGHTS PAGEREF _Toc194825148 \h 14

ARTICLE IX - PERSONNEL FILES PAGEREF _Toc194825149 \h 14

ARTICLE X - SALARIES PAGEREF _Toc194825150 \h 15

ARTICLE XI - SICK LEAVE PAGEREF _Toc194825151 \h 16

ARTICLE XII - PERSONAL LEAVE PAGEREF _Toc194825152 \h 17

ARTICLE XIII - DEATH IN IMMEDIATE FAMILY PAGEREF _Toc194825153 \h 20

ARTICLE XIV - LEAVE OF ABSENCE WITHOUT PAY PAGEREF _Toc194825154 \h 21

ARTICLE XV – TUITION REIMBURSEMENT PAGEREF _Toc194825155 \h 23

ARTICLE XVI - PROFESSIONAL DEVELOPMENT PAGEREF _Toc194825156 \h 26

ARTICLE XVII - INSURANCE PAGEREF _Toc194825157 \h 29

ARTICLE XVIII - GROUP VARIABLE ANNUITY CONTRACT PAGEREF _Toc194825158 \h 30

ARTICLE XIX - GROUP DENTAL INSURANCE PAGEREF _Toc194825159 \h 30

ARTICLE XX - PRESCRIPTION DRUG PLAN PAGEREF _Toc194825160 \h 31

ARTICLE XXI - VISION CARE PLAN PAGEREF _Toc194825161 \h 32

ARTICLE XXII - EMPLOYMENT PAGEREF _Toc194825162 \h 32

ARTICLE XXIII - STAFF OPENINGS PAGEREF _Toc194825163 \h 33

ARTICLE XXIV - SCHOOL YEAR PAGEREF _Toc194825164 \h 33

ARTICLE XXV - ROOM PREPARATION PAGEREF _Toc194825165 \h 35

ARTICLE XXVI - TRANSFERS - VOLUNTARY PAGEREF _Toc194825166 \h 35

ARTICLE XXVII - TRANSFERS - INVOLUNTARY PAGEREF _Toc194825167 \h 35

ARTICLE XXVIII - COMPLAINTS PAGEREF _Toc194825168 \h 36

ARTICLE XXIX - EVALUATION PAGEREF _Toc194825169 \h 36

ARTICLE XXX - PLANNING TIME AND LUNCH TIME PAGEREF _Toc194825170 \h 36

ARTICLE XXXI - HOLIDAYS AND VACATIONS PAGEREF _Toc194825171 \h 40

ARTICLE XXXII - OVERTIME PAGEREF _Toc194825172 \h 42

ARTICLE XXXIII - UNIFORMS PAGEREF _Toc194825173 \h 43

ARTICLE XXXIV - NON-CERTIFIED DISCIPLINE PROCEDURE PAGEREF _Toc194825174 \h 43

ARTICLE XXXV - LAYOFF PROCEDURE PAGEREF _Toc194825175 \h 44

ARTICLE XXXVI - PRESENT POLICIES PAGEREF _Toc194825176 \h 44

ARTICLE XXXVII - TERMINATION AND EXTENSION AGREEMENT PAGEREF _Toc194825177 \h 45

AGREEMENT

This Agreement, made this 12th day of February, 2008, by and between the BOARD OF EDUCATION OF THE TOWNSHIP OF CLARK, County of Union, New Jersey, a municipal corporation, hereinafter referred to as the “Board,” and the CLARK EDUCATION ASSOCIATION, hereinafter referred to as the “Association,” is effective as of July 1, 2007.

PREAMBLE

It is the intent and purpose of the parties hereto to establish a basic Agreement relative to terms and conditions of employment in accordance with New Jersey Statutes Annotated Title 34:13A-1 to 13A-13, as amended, and all other applicable statutes.

ARTICLE I - RECOGNITION

A. The Board hereby recognizes the Association as the sole and exclusive bargaining representative for the following employees: All regularly employed, full-time and part-time certificated and non-certificated employees, including teachers, school nurses, child study team members, extra-curricular and co-curricular positions, secretarial and clerical employees (including library aides), maintenance employees, administrative assistants, computer operators, and computer technician/audio-visual technician, athletic scheduler, athletic trainer, security receptionists and office aides.

B. Excluded from the collective bargaining unit are casual employees, managerial executives, confidential employees, and supervisors within the meaning of the New Jersey Employer-Employee Relations Act, N.J.S.A. 34:13A-1 et seq. (the "Act"); principals, helping teacher, curriculum coordinator, directors of special services, summer school and recreation, superintendent, business administrator, secretary to the Board of Education, maintenance foreman, District accountant, seasonal employees, temporary employees, substitutes, substitute caller, classroom aides, playground aides and lunchroom aides, subject supervisors, and all other employees of the Board.

C. Unless otherwise indicated, the term “employees,” when used hereinafter in this Agreement, shall refer to all employees represented by the Association in the negotiating unit as above defined.

D. The superintendent or his/her designee will supply a copy of this Agreement to each employee within seven (7) calendar days of his/her initial employment.

E. The superintendent or his/her designee will notify the president of the Association when a new employee is hired by providing the president with a copy of the correspondence to the new employee notifying him/her of the Board approval of the appointment.

ARTICLE II - NEGOTIATION PROCEDURE

A. The parties agree to enter into collective negotiations over a successor Agreement in accordance with New Jersey Statutes Annotated Title 34:13A-1 to 13A-13 as amended in good faith effort to reach agreement on terms and conditions of employment. Such negotiations shall begin no later than dates established by Public Employment Relations Commission (PERC).

B. If any part of this Agreement is held invalid by an agency of proper jurisdiction, the remaining portions of this Agreement will remain in effect for the remainder of the term of this Agreement.

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


ARTICLE III - MANAGEMENT RIGHTS

A. The Board of Education reserves to itself jurisdiction and authority over matters of policy and management functions and retains the right, subject only to the limitations imposed by the language of this Agreement, in accordance with all applicable laws and regulations to:
      1. control the executive management and administration of the school system and its properties and facilities;

      2. hire, promote, transfer, assign and retain employees in the school District, and to suspend, demote, discharge, or take other disciplinary action against employees;

      3. relieve employees from duty because of lack of work or for other legitimate reasons;

      4. maintain efficiency of the school District operations entrusted to them;

      5. determine the methods, means and personnel by which such operations are to be conducted;

      6. establish grades and courses of instruction, including special programs and to provide for athletic, recreational and social activities for students, as deemed necessary or advisable by the Board; and

      7. take whatever actions may be necessary to carry out the responsibilities of the school District in situations of emergency.

B. Nothing contained herein shall be considered to deny or restrict the Board of its rights, responsibilities and authority under Title 18A of the Laws of the State of New Jersey or any other State Laws or Regulations as they pertain to education.

ARTICLE IV - JUST CAUSE

No employee shall be disciplined without just cause.



ARTICLE V - GRIEVANCE PROCEDURE

A. The purpose of this procedure is to secure, at the lowest possible level, an equitable solution to the problems which may arise affecting the terms and conditions of employment under this Agreement.

B. Nothing herein shall be construed as limiting the rights of any employee having a grievance to discuss the matter informally with any appropriate administrative staff member.

C. The term "grievance" as used herein means an appeal by an individual employee or the Association on behalf of an individual employee or group of employees, from the interpretation, application or violation of policies, agreements, and administrative decisions affecting them.

D. Any grievant(s) shall be entitled to Association representation at any level of the procedure.

E. No grievance may proceed beyond Step Three herein unless it constitutes a controversy arising over the interpretation, application or alleged violation of the terms and conditions of this Agreement.

F. The term "grievance" and the procedure relative thereto, shall not be deemed applicable in the following instances:

1.) The failure or refusal of the Board to renew a contract of a non-tenure employee; or a non-tenured appointment of a tenured employee which arises by reason of his/her not being re-employed or re-appointed to the non-tenure position;

2.) In matters where a method of review is prescribed by law, any rule, or regulation, or by decision of the State Commissioner of Education or the State Board of Education having the force and effect of law;

3.) In matters where the Board is without authority to act;

4.) In matters prescribed by law involving the sole and unlimited discretion of the Board;

5.) In matters prescribed by law where the discretion of the Board may not be unlimited but where, after the exercise of such discretion, a further review of the Board's action is available under provisions of State Law.

G. The following constitutes the sole and exclusive method for resolving grievances between the parties covered by this Agreement, and shall be followed in its entirety unless any step is waived by mutual consent.

      Step One: The grievant or the Association institutes action under the provisions hereof within twenty (20) working days after the grievant is made aware or should have been aware of the event giving rise to the grievance has occurred by discussing the grievance orally with his immediate director/supervisor or principal, and an earnest effort shall be made to settle the differences between grievant and the immediate superior for the purpose of resolving the matter informally. Where the immediate superior is below the rank of principal, the principal shall be notified and shall be present at and participate in said hearing, unless the employee is not subject to the jurisdiction of any principal. Failure to act within said twenty (20) working days shall be deemed to constitute an abandonment of the grievance.

      Step Two: a. If no agreement can be reached within five (5) working days of the initial discussion with the immediate superior or no decision has been rendered by the immediate supervisor, the grievant or the Association may present the grievance in writing within ten (10) working days thereafter to the superintendent of schools or his/her designated representative. The written grievance at this step shall contain the nature of the grievance, the contractual provision alleged to have been violated, the results of the previous discussion, and the redress sought. A grievance shall only be processed if the attached form is utilized by the grievant and/or Association [Appendix A].

      b. A copy of the written grievance and submission at this step shall be furnished to the principal.

      c. Within ten (10) working days from the receipt of the written grievance (unless a different period is mutually agreed upon in writing), the superintendent or his/her designated representative shall hold a hearing at which all parties in interest shall have the right to be heard.

      d. The superintendent or his/her designated representative shall answer the grievance in writing within ten (10) working days from the date of the hearing, and a copy of said determination shall be forwarded to the school principal, the immediate superior of the grievant and the president of the Association.

      Step Three: a. If the Association or the grievant wishes to appeal the decision of the superintendent, such appeal shall be presented in writing to the Board of Education within ten (10) working days after the employed received the decision. This presentation shall include copies of all previous correspondence relating to the matter in dispute.

      b. A copy of the written grievance and submission at this step shall be furnished to the superintendent of schools, the principal, the employee, and the president of the Association.

      c. When submitting the grievance at this step, the Association/ grievant may, in writing, request a hearing before the Board. If such a request is made, action shall be initiated within ten (10) working days to schedule a mutually satisfactory hearing date.

      d. If the Association/grievant at this step does not request a hearing, the Board may consider the appeal on the written record submitted to it, along with any other statements or written evidence supplied to the Board by any person at the Board's request, or the Board may, at its request, conduct a hearing scheduled at a mutually satisfactory date and time.

      e. The Board shall respond, in writing, to the grievance within thirty (30) working days from the date of the submission or the date of the hearing, if a hearing is held. Copies of the Board's decision shall be forwarded to the grievant, the Association, the superintendent and the principal.

      Step Four: If the grievance is not settled through Steps One, Two and Three, the Association shall have the right to submit the dispute to arbitration pursuant to the rules and regulations of the Public Employment Relations Commission within ten (10) working days thereafter. The costs for the services of the arbitrator shall be borne equally by the Board and the Association. Any other expense, including but not limited to the presentation of witnesses, shall be paid by the parties incurring same.


      H. The arbitrator shall decide, as a preliminary question, if necessary,

whether he/she has jurisdiction to hear and decide the matter in dispute.

      I. The arbitrator shall be bound by the provisions of this Agreement and the
Constitution and Laws of the State of New Jersey, and be restricted to the application of the facts presented to him/her involved in the grievance. The arbitrator shall not have the authority to add to, modify, detract from or alter in any way the provisions of this Agreement or any amendment or supplement thereto. The decision of the arbitrator shall be final and binding. The decision of the arbitrator shall be issued within thirty (30) days.

J. In any case where a grievance is based upon the direct order, ruling or determination of the superintendent of schools, the aggrieved Association employee shall initiate the grievance procedure at Step Two.

K. Where three (3) or more employees having a "group grievance" work under the jurisdiction of at least two (2) building administrators/supervisors, then one (1) grievance covering all such employees shall be initiated at Step Two. The grievance shall be given to each administrator/supervisor involved, and each such administrator/supervisor shall be given a copy of the grievance or grievances when it is submitted to the superintendent of schools.

L. Where three (3) or more employees having a "group grievance" work under the jurisdiction of one (1) administrator/supervisor, then one (1) group grievance shall be initiated at Step One of the grievance procedure through the building administrator/supervisor.

M. Where a grievance is initiated at a time such that it cannot be processed in due course before school closes, either party shall have the right to request a moratorium in the grievance procedure. However, where such a moratorium has been invoked, the grievance must be reinstated by September 15th of that year, or it will be considered null and void.

N. Pending the final resolution of a grievance, the employee or employees filing a grievance shall remain under the direction of the superintendent of schools and the Board of Education.

O. Upon authorization of the superintendent of schools, the designated Association representatives shall be permitted as members of the grievance committee to confer with employees and the Board's designated representatives on specific grievances in accordance with the grievance procedure set forth herein during work hours of employees without loss of pay, provided the conduct of said business does not diminish the educational effectiveness of the schools.

P. The time limits expressed herein shall be strictly adhered to. If any grievance has not been initiated within the time limits specified, then the grievance shall be deemed to have been abandoned. If any grievance is not processed to the next succeeding step in the grievance procedure within the time limits prescribed thereunder, then the disposition of the grievance at the last preceding step shall be deemed to be conclusive. If a decision is not rendered within the time limits prescribed for decision at any step in the grievance procedure, then the grievance shall be deemed to have been denied. Nothing herein shall prevent the parties from mutually agreeing to extend or contract the time limits for processing the grievance at any step in the grievance procedure.



ARTICLE VI - Association RIGHTS AND PRIVILEGES

A. Whenever any representative of the Association or any employee is mutually scheduled by the Board and the Association to participate during working hours in negotiations or grievance procedures, he/she shall suffer no loss of pay.

B. Representatives of the Association shall be permitted, with the knowledge and reasonable consent of the principal, to transact official Association business on school property provided that this shall not interfere with nor interrupt normal school operations.

C. The Association shall have the exclusive right to use school buildings for meetings, provided, however, that the approval of the principal is obtained for the use of the buildings in advance which shall not be unreasonably withheld.

D. The Association shall have the right to use the school facilities and equipment, including but not limited to, typewriters, duplicating equipment, calculating machines, and all types of audio visual aids and equipment at reasonable times, when such equipment shall be subject to the prior approval of the principal in which the facilities and/or equipment is to be used. If the principal refuses to grant the permission that decision may be appealed to the Board of Education whose decision shall be final. When permission is granted, the Association shall pay for the reasonable costs of all materials and supplies incident to such use.

E. The Association shall have the right to use the inter-school mail facilities and school mail boxes to distribute materials to teachers exclusively.

F. The Association shall have in each building or worksite the use of a bulletin board in lounges, dining rooms, and other appropriate areas. The Association shall also be assigned adequate space on the bulletin board in the District’s central office for Association notices. Copies of any materials posted shall be given to the building principal prior to posting.

G. At the conclusion of a general or building/system-wide faculty meeting, the Association may meet to discuss pertinent business.

H. The Board shall grant three (3) days leave per year with pay to the president or other officer of the Association in order to attend to Association business at the local, county, state or national levels. Such days may be taken singularly or in combination.

I. The superintendent shall assign the president of the Association, when practical, either (a) a duty or planning period at the end of the school day (if the president is a member of the teaching staff) or (b) a regular period of forty-five (45) minutes during the work day (if the president is a member of the support staff), in order for the president to attend to Association business.

J. Each year, the superintendent and his/her staff will provide new staff orientation programs with the aid of the Association.

K. The Association shall be provided, without cost to it, adequate space in a school to store and maintain current files of the Association.

L. Nothing contained herein shall be considered to deny or restrict any employee or the Association of the rights they may have under New Jersey School Laws, State and Federal Laws, and the Constitution of the United States.

M. In response to requests of the Association, reasonable as to time, quantity and availability, the Board agrees to furnish or make available public information as to:

1. Class size;

2. The tentative budget as submitted to the County Superintendent;

          3. Superintendent's agenda for public Board meetings, as furnished to the public;
4. Board minutes;

5. Audits;

          6. A scatter gram of all unit personnel each December 15th in the last year of the contract.
N. The Administration shall consult with the president of the Association prior to advertising for a newly created position in the bargaining unit.

O. The rights and privileges of the Association and its representatives as set forth in this Agreement shall be granted only to the Association as the exclusive representative of the employees and to no other organizations. The Association president shall have the opportunity to address the staff at the conclusion of staff meetings.



ARTICLE VII - REPRESENTATION FEE

A. Purpose of Fee: If an employee does not become a member of the Association during any membership year (i.e., from September 1st to the following August 31st) which is covered in whole or in part by this Agreement, said employee will be required to pay a representation fee to the Association for that membership year. The purpose of this fee will be to offset the employee’s per capita cost of services rendered by the Association as majority representative.

B. Amount of Fee/Notification: Prior to the beginning of each membership year, the Association will notify the Board in writing of the amount of the regular membership dues, initiation fees, and assessments charged by the Association to its own members for that membership year. The representation fee to be paid by non-members will be determined by the Association in accordance with the law.

C. Deduction and Transmission of Fee:

      1. Notification: On or about the 15th of September of each year, the Board will submit to the Association a list of all employees in the bargaining unit. On or about January 1st of each year, the Association shall notify the Board of Education as to the names of those employees who are required to pay the representation fee.
      2. Payroll Deduction Schedule: The Board will deduct from the salaries of the employees referred to in Section C-1 the full amount of the yearly representation fee in equal installments beginning with the first paycheck in February.
      3. Termination of Employment: If an employee who is required to pay a representation fee terminates his or her employment with the Board before the Association has received the full amount of the representation fee to which it is entitled under this Article, the Board will deduct the unpaid portion of the fee from the last paycheck paid to said employee covering the employee’s period of employment on a prorata basis.
      4. Mechanics: Except as otherwise provided in this Article, the mechanics for the transmission of such fees to the Association will, as nearly as possible, be the same as those used for the transmission of regular membership dues to the Association.
      5. Changes: The Association will notify the Board in writing of any changes in the list provided for in Paragraph 1 above and/or the amount of the representation fee, and such changes will be reflected in any deductions made more than thirty (30) days after the Board received said notice.
      6. New Employees: On or about the last day of each month, beginning with the month this Agreement becomes effective, the Board will submit to the Association a list of all employees who began their employment in a bargaining unit position during the preceding thirty (30) day period. The list will include names, job titles, dates of employment, and places of assignment for all such employees. The Board will also notify the Association of any change in the status of an employee regarding transfer, leave of absence, return from leave, retirement, resignation, separation from employment, or death.
D. The Association shall indemnify and hold the Board of Education harmless against any and all claims, suits and other forms of liability, including liability for reasonable counsel fees and other legal costs and expenses that may arise out of or by reason of any action taken or not taken by the Board in conformance with the provisions of this Article.

ARTICLE VIII - EMPLOYEE RIGHTS

A. In accordance with existing laws, the Board hereby agrees that every employee of the Board shall have the right to freely organize, join, and support the Association and its affiliates, for engaging in collective negotiation and for mutual aid and protection.

ARTICLE IX - PERSONNEL FILES

A. A personnel file shall be established and maintained for each employee covered by this Agreement. Such file is a confidential record and shall be maintained in the office of the superintendent, and may be used for evaluation purposes by the Board, superintendent and/or other administrative staff only.

B. Upon advance notice and at reasonable times, any bargaining unit member may review his/her personnel file. However, this appointment for review must be made through the superintendent or his/her designated representative. An employee shall have the right to indicate those documents and/or other materials in his/her file that he/she believes to be obsolete or otherwise inappropriate to retain. Said documents shall be reviewed by the superintendent or his/her designee and, if at the sole discretion of the superintendent or his/her designee, they are determined to be obsolete or otherwise inappropriate to retain, they shall be destroyed.

C. A copy of any derogatory material pertaining to an employee's conduct, service, character or personality that shall be placed in his/her personnel file, including any letter of reprimand, shall be given to the employee. The employee shall acknowledge the receipt of such materials by affixing his/her signature to the copy to be filed with the express understanding that such signature in no way indicates agreement with the contents thereof. The employee shall also have the right to submit a written answer to such material and his/her answer shall be reviewed by the superintendent or his/her designee and attached to the file copy.

ARTICLE X - SALARIES

A. Salary classifications for the duration of this Contract are as set forth in Schedule “A” annexed hereto and made a part hereof.

B. Paychecks shall be distributed at the close of the working day on the last working day prior to the fifteenth (15th) and the working day prior to the last working day of the month.

C. Employees who are involved in co-curricular activities shall be paid in two (2) installments. The first installment shall be paid at the midpoint of the activity/season and the second installment shall be paid at the conclusion of the activity/season. Stipends shall be paid out of payroll on receipt of a timesheet completed by the staff member and principal.

D. Tax sheltered annuity contributions shall be remitted within three (3) business days of the distribution of paychecks.

E. Employees who are required to travel between schools to perform their duties shall be reimbursed for all such travel at the mileage rate approved by the Internal Revenue Service for each calendar year during the term of the Agreement.

F. Employees shall have an option for a direct deposit banking system at an institution of his/her choice.

G. All payments for curriculum or summer work shall be paid within forty-five (45) days of the submission of the voucher therefore.



ARTICLE XI - SICK LEAVE

A. 1. All full-time employees of the Board of Education shall receive twelve (12) days per year sick leave during each year of employment at full pay. After the tenth (10th) year of employment in the District, and then after each five (5) year period thereafter, an additional one (1) day will be added. All unused sick days shall be accumulated to a maximum of fifteen (15) days per year for use in subsequent years.

A. 2. All part-time employees shall receive ten (10) sick days per year. All unused sick days shall be accumulated for use in subsequent years.

B. An employee who has utilized all of his or her accumulated sick leave may be granted additional sick leave on an individual case-by-case basis by the Board pursuant to N.J.S.A. 18A:30-6.

C. 1. Any employee who retires according to the Teacher Pension and Annuity Fund or the Public Employment Retirement System shall receive fifty dollars ($50.00) per day for each unused accumulated sick day for up to and not to exceed one hundred thirty (130) days and not to exceed a total payment of $6,500.00. Said payment shall be made in one (1) lump sum payment.

C. 2. If an employee dies while still an employee of the Board, the employee's estate shall receive the employee's pay for accumulated sick leave entitlement as if the employee had retired pursuant to this Article.

D. The Board shall pay a two hundred fifty dollar ($250.00) bonus to any employee who does not take a sick day during his/her contract year.


ARTICLE XII - PERSONAL LEAVE

A. All full-time, tenured ten-month staff may be granted up to three (3) days off per school year, with pay, for personal reasons, provided, however, that they make application through the building principal to the superintendent or his/her designee for such personal leave two (2) days in advance of the requested leave, unless an emergent situation makes such notice impossible. In the event that personal days are not used during a year, a maximum of two (2) of those unused days may be carried over to the succeeding year and may be allowed, with reasons stated, not to exceed an aggregate total of five (5) days in any one year, subject to the provisions set forth in paragraph (A)(ii) set forth herein.
      1.) Non-tenured teaching staff members may be granted up to two (2) days off per school year, with pay, for personal reasons, provided, however, that they make application through the building principal to the superintendent or his/her designee for such personal leave two (2) days in advance of the requested leave, unless an emergent situation makes such notice impossible.

      2.) Individual ten-month staff members with six (6) unused personal days accumulated as of June 30, 2007, shall be permitted to carry over three (3) such days from year to year. They shall not lose this ability until they have used four (4) or more personal days in any one year, at which point, they may only carry over two (2) from thenceforward. The ability to carry over three (3) unused personal days from year to year shall expire on June 30, 2010, at which time the provisions as set forth in paragraph A herein shall apply to all ten-month staff members.

B. All 12-month employees of the Board of Education may be granted up to four (4) days off per school year, with pay, for personal reasons, provided, however, that they make application through the building principal to the superintendent or his/her designee for such personal leave two (2) days in advance of the requested leave, unless an emergent situation makes such notice impossible. In the event that personal days are not used during a year, up to two (2) of those unused days may be carried over to the succeeding year and may be allowed, with reasons stated, not to exceed an aggregate total of six (6) days in any one year, subject to the provisions set forth in paragraph (B)(i) set forth herein.

1.) Individual twelve-month staff members with eight (8) unused personal days accumulated as of June 30, 2007 shall be permitted to carry over four (4) such days from year to year. They shall not lose this ability until they have used five (5) or more personal days in any one year, at which point, they may only carry over two (2) from thenceforward. The ability to carry over four (4) unused personal days from year to year shall expire on June 30, 2010, at which time the provisions as set forth in paragraph B herein shall apply to all twelve-month staff.

C. The absence for personal reasons can be for religious purposes and cannot be taken for the purposes of attending to personal matters that can be reasonably attended to outside the normal work day. No personal leave shall be granted immediately before, or immediately after, any vacation or holiday period, including NJEA Convention days, except for the purpose of transporting a child to and/or from college and/or attendance at a child's graduation. Nothing herein contained shall prevent the Board, at its option, when it is satisfied that an emergency exists from waiving the two (2) days notice provision hereinabove provided. “Immediate family member” for purposes of the reason for the use of a personal day includes spouse, child, stepchild, both of the employee and of the employee’s spouse or civil union partner, provided that the civil union is established according to the laws of the State of New Jersey.

D. Application for personal days should be submitted as far in advance as possible to the superintendent of schools.

E. During the first five (5) days of school and the last five (5) days of school, reasons for personal leave will be given to the superintendent. Such reasons will conform to the definition of personal leave as stated in Section C of this Article.

F. In case of emergency, verbal approval may be given by the principal or superintendent, whichever is available, for a period not to exceed two (2) days. Regular channels will be used if a longer time is needed.

G. Employees shall be notified verbally or in writing within two (2) school days as to whether the requests for personal days have been denied, if the employees file for such personal days at least four (4) days prior to the taking of such days.

H. An extended leave, without pay, not to exceed one (1) year in duration, may be granted by the Board to allow an employee to care for a chronically ill member of his/her family as defined in the Family Leave Act. The Board’s exercise of its legal discretion in applications under this Section is final; the decision may not be submitted to arbitration.

I. For serious illness of any relative living in the employee's immediate household, upon receipt of a doctor's certificate and approved by the superintendent, an absence may be granted, not to exceed three (3) days in any one year. If a relative lives outside the employee's immediate household, the following criteria shall apply in addition to those requirements specified above: verification by the employee as to the nature and extent of the illness, the relationship to the employee, and the need for the employee to attend to the relative.


ARTICLE XIII - DEATH IN IMMEDIATE FAMILY


All employees of the Board of Education shall receive personal days at full pay for death in the family as set forth below:

1. For death in the employee's immediate family (parent, stepparent, spouse, civil union partner, provided that the civil union is established according to the laws of the State of New Jersey, child, stepchild, brother, sister, mother-in-law, father-in-law and grandchild) -- not to exceed five (5) consecutive days in any one instance.

2. For death of the employee's grandparent, daughter-in-law, son-in-law, brother-in-law, or sister-in-law, three (3) consecutive days in any one instance.

3. For death in the employee's non-immediate family (nephew, niece, aunt, uncle, cousin) -- not to exceed the day of the funeral.


ARTICLE XIV - LEAVE OF ABSENCE WITHOUT PAY


A. Leaves of absence for the care of an infant following natural birth or adoption shall be granted upon request to the superintendent, subject to provisions in this Agreement.

B. In all instances of pregnancy, the employee shall inform the superintendent at least two (2) months prior to the anticipated birth date whether she expects to be absent solely during the period of her disability or if she intends to take an extended leave without pay following her disability.

C. The leave of absence shall be without pay and shall commence and end at a date mutually agreed upon by the Board of Education and the applicant, taking into consideration both the interests of the employee and the students concerned.

D. A child-rearing leave shall not extend beyond one (1) official school year which begins after the close of the school year in which the leave begins.

E. In case of a non-tenured employee, the leave shall not extend beyond the contract year of employment.

F. Any employee adopting an infant child shall receive similar leave which shall commence upon receiving de facto custody of said infant, or earlier if necessary to fulfill the requirements for the adoption.

G. If a person does not return to work at the end of stated leave of absence following notification by the superintendent, then, such failure shall be considered a resignation. Notification shall be given by April 1st of each year, provided the employee has a one (1) year leave, except in extenuating circumstances.

H. Military Leave for Training Purposes

1. Leave for the taking of military courses and/or non-military training purposes may be granted without pay by the Board when a staff member elects of his/her own volition to take such courses or training purpose, if the same involves a loss of work or teaching time during the duty year.

2. Leave for military training purposes in accordance with Title 38:23-1 shall be granted only after the Board has been satisfied that it is not possible for the staff member to carry out his/her normal military responsibilities on non-school (non-work) time, and after representations have been made to the Armed Services to alter the time of required training duty so that it shall not conflict with school (work) duties.

I. Extended Leave of Absences

1. The Board may grant a leave of absence, without pay, for a period of up to two (2) years to any tenured teacher who joins the Peace Corps, Vista, National Teacher Corps, Teach for America, extended study or to serve as an exchange teacher. It is understood and agreed, however, that any such leave granted by the Board shall not terminate and the teacher shall not be permitted to return to his/her duties unless he/she has given notice of his/her desire to return prior to April 15th of the year preceding the start of the next school year. A tenured teacher applying for an exchange position may be granted exchange leave with pay if a collateral exchange agreement exists between the Country in which the teacher wishes to teach and the United States and further, provided, that the Country to which the teacher is assigned sends an exchange teacher to the Clark System who is paid by the Country sending said teacher to the Clark System.

2. On return from leave pursuant to paragraph 1 of this Section, with respect to placement on the salary guide only, a teacher shall be considered as if he or she were actively employed by the Board during the leave and shall be placed on the salary guide at the level he/she would have achieved if he/she had not been absent; further, the teacher shall maintain seniority status and accumulated leave that he/she had at the commencement of the leave.

J. All extensions or renewals shall be applied for in writing. If permission is granted or denied, it shall also be in written form.



ARTICLE XV – TUITION REIMBURSEMENT

A. All full-time employees who have completed two (2) years of employment in Clark are eligible to apply for tuition reimbursement. Each employee shall be granted, during any fiscal year, up to eighteen (18) credits toward reimbursement.
B. The total amount available for tuition reimbursement in any school year shall be limited to $75,000 in 2007-08; $82,500 in 2008-09 and $90,000 in 2009-10. Tuition reimbursement will be allotted as follows:
      1. The total amount of reimbursement for the year will be broken down into three equal parts (one for each trimester--fall, winter/spring and summer).
      2. All initial applications for reimbursement must be submitted between:

      Summer – March 15th -- May 15th

      Fall _ June 15th -- August 15th
        Winter/Spring – October 15th -- December 15th


    C. The deadline for submitting requests for reimbursement and supporting documentation (whether for application or final request) are moved to the next following business day if the day as set forth above falls on a Saturday, Sunday or holiday. Approval or disapproval of any course must be provided by the superintendent within twenty (20) days after the submission of the initial application for reimbursement by the employee.
    D. 1. Each initial application shall be in the form of a letter to the superintendent and include the specific name of the course, course number at the institution of higher learning, and the number of credits. Within fifteen (15) days of the above deadlines, the total amount of credits will be tallied and the total amount of money for that semester will be allocated evenly per credit. However, reimbursement will not exceed the full amount of the course. Should any reimbursement funds still remain after the initial allocation, those funds shall be assigned on a per credit basis to those applicants who were not allotted 100% reimbursement for the full amount of their course. Once this calculation is made, the amount of reimbursement will be disclosed.

    D. 2. To be eligible for reimbursement, courses must be with accredited, degree-granting institutions and receive a grade of “B” or higher for credits toward an advanced degree.

    D. 3. Upon successful completion of the course, an official transcript must be provided to the Board Office according to the following timeline:
                Summer – September 15th
                Fall _ February 15th
                Winter/Spring – July 15th

    D. 4. In the event that official transcripts are not available by the deadlines contained herein, on-line grade reports, mailed reports and other indicia of completed shall be accepted by the Board to ensure reimbursement, provided that an official transcript shall be presented prior to final payment. Failure to submit paperwork on time shall result in a loss of reimbursement for that semester. If there are any funds left over for any semester, they will be carried over to the next available semester in any one fiscal year.
    E. The superintendent shall furnish the Association with a summary of actual tuition reimbursements for each semester within one month of the dates above.
    F. Reimbursement checks will be issued no later than sixty (60) days from the transcript due date and only with the submission of a paid receipt from the institution or cancelled check made payable to the institution.

    G. All employees who receive tuition reimbursement and who voluntarily leave the Clark Schools within one (1) year of receipt of such reimbursement must repay the Board for the amount of reimbursement received within that year.

    H. Tuition reimbursement shall be available for accredited Doctoral Programs or for courses that are taken “on-line” or do not require in-person attendance provided, however, that all such course work is accredited.

    I. Employees who receive reimbursement for Doctoral Programs must repay the Board if they voluntarily leave the employment of the Board within two (2) years of receiving reimbursement. Repayment must be made of the amount of said reimbursement received within that two (2) year period.

    J. Tuition reimbursement may be given for undergraduate courses.


    ARTICLE XVI - PROFESSIONAL DEVELOPMENT

    A. Conferences, Conventions, Workshops, Grants

    l. Opportunities to attend professional meetings by teachers to expand their horizons, can be given with the approval of the superintendent and the Board of Education.



    2. Conditions
    a. The conference shall deal within the areas of responsibility of the teacher requesting attendance at the conference. Attendance should hold promise of improving the teaching of the teacher attending.

    b. Attendance at any single conference is limited to three (3) members of our teaching staff.

    c. To be eligible for a Conference Grant, teachers must have completed at least two (2) full years of teaching for the Board.

    d. Teachers who receive a Conference Grant will submit a report to the superintendent on the convention, conference, or workshop within twenty (20) school days of their return to Clark. Conference attendees may be asked to provide “turnkey” training to other staff members; but no staff member shall be required to provide such training more than two (2) sessions per year. The Board will supply and/or provide all materials for such training.

    e. Application shall be made to the superintendent of schools on the form provided for this purpose. Forms are available in all school offices. Application shall be made at least one (1) month in advance when feasible.

    f. Conference expenses for which the teacher is eligible include: registration fee, travel, room, and included meals. If lunch is not included in the conference schedule, a ten dollar ($10.00) lunch voucher will be provided for reimbursement.

    g. All conference fees greater than twenty-five dollars ($25.00) will be transmitted by Board of Education Purchase Order.


    B. In-Service Workshops, Conferences, Programs
    1. In any given year, the Board will provide in-service professional development experiences that will assist the teacher in attaining the required one hundred (100) hours of continued education.
    2. In-service programs shall be conducted during the in-school teacher workday and work year, if the teacher’s attendance is required.
    3. All District in-service programs shall be eligible for continuing education credits.

    C. Trainer’s Credit
    Any teacher who provides in- or out-of-District training experiences for colleagues and/or community members shall receive hour-for-hour credit toward their one hundred (100) hour obligation.

    D. Record Keeping
    The District will maintain a record of the number of hours of continuing education for each teacher and provide each teacher with an accounting of his/her accumulated hours each September. Any discrepancies between the District and teacher’s records should be noted within thirty (30) days of receipt of the Board records.









    ARTICLE XVII - INSURANCE

    A. The Board will provide full coverage, including Major Medical, for all employees who work twenty (20) hours or more per week and family dependents as set forth below:

    1. Employees who were employed by the Board on June 30, 1998 shall be enrolled in the Blue Cross/Blue Shield Select Plan. (PPO)

    2. Employees who were first employed by the Board on July 1, 1998 or thereafter shall be enrolled in a Health Maintenance Organization (HMO) plan. Any employee beginning their fourth (4th) full year of employment shall have the option to change from the HMO to the PPO plan at no cost to the employee.

    3. In-network office visit co-payments shall be twenty dollars ($20.00).

    B. The Board agrees to pay the full premium rate for the individual employee and family dependents for the life of this Agreement. However, the premium rate established by the insurance carrier as of June 30, 2010 shall be the maximum rate for which the Board shall be liable for family dependents. Any increase above the established premium on June 30, 2010 for family dependents shall be borne by the employee.

    C. Under no circumstances may the insurance described above be reduced in any way below the coverage required by this Article.

    D. If the Board contemplates a change in insurance carriers, it shall notify the Association as soon as such change is contemplated; provide the Association with any appropriate information obtained by the Board regarding any prospective insurance carriers; and meet and confer with appropriate Association representatives regarding said contemplated change.

    E. Any employee who opts to receive a payment in lieu of health benefits shall be required to sign a health benefit payment waiver. This waiver authorizes payment for the academic year in lieu of health benefits. An employee who has opted not to receive benefits may reenter the program for good and sufficient cause. The health insurance waiver option in the amount of $3,000.00 is to be paid in two (2) equal installments: January 15th and June 30th.


    ARTICLE XVIII - GROUP VARIABLE ANNUITY CONTRACT


    All qualified employees may elect, subject to all applicable requirements and conditions, to participate in the purchase of annuity contracts with a legal reserve life insurance company. Such group variable annuity may be purchased through authorization by an employee on application to the business administrator for deduction from his/her salary to cover the cost of such annuity.


    ARTICLE XIX - GROUP DENTAL INSURANCE

    A. The Board will provide full coverage of all employees who work twenty (20) hours or more per week and family dependents for a dental service group plan.

    B. The Board agrees to pay the full premium rate for the individual employee and family dependents for the life of this Agreement. However, the premium rate established by the insurance carrier as of June 30, 2010 shall be the maximum rate for which the Board shall be liable for both the individual employee and for family dependents. Any increase above the established premium on June 30, 2010 shall be borne by the employee.

    C. Under no circumstances may the insurance described in the dental booklet be reduced in any way below the coverage presently provided.

    D. If the Board contemplates a change in insurance carriers, it shall notify the Association as soon as such change is contemplated; provide the Association with any appropriate information obtained by the Board regarding any prospective insurance carriers; and meet and confer with appropriate Association representatives regarding said contemplated change.




    ARTICLE XX - PRESCRIPTION DRUG PLAN

    A. The Board will provide full coverage for a prescription drug plan for all employees who work twenty (20) hours or more per week and family dependents. Prescription co-payments shall be twenty-five dollars ($25.00) for name-brands, ten dollars ($10.00) for generic brands, and fifteen dollars ($15.00) for mail order prescriptions.

    B. The premium rate established by the insurance carrier as of June 30, 2010 shall be the maximum rate for which the Board shall be liable for both the individual employee and family dependents. Any increase above the established premium on June 30, 2010 shall be borne by the employee.

    C. Under no circumstances may the insurance described in this Article be reduced in any way below the coverage presently provided.

    D. If the Board contemplates a change in insurance carriers, it shall notify the Association as soon as such change is contemplated; provide the Association with any appropriate information obtained by the Board regarding any prospective insurance carriers; and meet and confer with appropriate Association representatives regarding said contemplated change.

    E. Beginning January 12, 2005, the prescription co-payments shall be ineligible for reimbursement under the major medical portion of the health insurance plan.




    ARTICLE XXI - VISION CARE PLAN

    A. The Board will provide full coverage for all employees who work twenty (20) hours or more per week and family dependents for a vision care plan.

    B. The premium rate established by the insurance carrier as of June 30, 2010 shall be the maximum rate for which the Board shall be liable for both the individual employee and family dependents. Any increase above the established premium on June 30, 2010, shall be borne by the employee.

    C. Under no circumstances may the insurance described in this Article be reduced in any way below the coverage presently provided.

    D. If the Board contemplates a change in insurance carriers, it shall notify the Association as soon as such change is contemplated; provide the Association with any appropriate information obtained by the Board regarding any prospective insurance carriers; and meet and confer with appropriate Association representatives regarding said contemplated change.



    ARTICLE XXII - EMPLOYMENT

    Credit on the appropriate Salary Schedule may be given for previous outside-the-District full-time appropriate working experience upon the recommendation of the superintendent of schools and the approval of the Board of Education. Additional credit not to exceed four (4) years of equivalent years of employment credit for years of active military or naval service of the United States or of this State and credit not to exceed two (2) years for Peace Corps or Vista work may be given on initial employment.

    ARTICLE XXIII - STAFF OPENINGS

    A. Staff openings will be announced by the superintendent to the present staff through one of the following methods:
            1. Inter-school mailings;

            2. Bulletins, or;
            3. Postal mailings to the Association president during the summer months and other vacation periods. Employees wishing notification during summer months shall notify the superintendent's office prior to year end closing of school.

    B. All presently employed teachers shall be given written notice of their tentative assignment for the coming year prior to the close of the school year. It is the sole discretion of the Board to change assignments at any time.

    ARTICLE XXIV - SCHOOL YEAR

    A. The "in school work year" for teachers employed on a ten (10) month basis will be scheduled at one hundred eighty-four (184) days. This shall include no more than one (1) day after the last pupil day.

    B. New teachers may be required to attend a maximum of three (3) additional days of orientation.

    C. If emergency closing of school (such as for snow days) diminishes the school calendar, these days will be considered lost to the teachers' schedule as well. However, if the number of days closed diminishes the school calendar below one hundred eighty (180) days, then the number of days needed to raise pupil days to one hundred eighty (180) will be scheduled before July 1st of that year.

    D. Elementary (K-5) parent-teacher conferences shall be scheduled as follows:

        1. Day 1: Early dismissal for students, with conferences held between
            1:30 and 3:30 p.m.

            2. Day 2: Early dismissal for students and teaching staff, with conferences to be held between 6:00 and 8:30 p.m.

            3. All K-5 teaching staff shall be present throughout all conference times. Substitute coverage shall be provided for staff members who travel between elementary schools.

    E. The last three (3) days of the pupil school year shall end at 12:30 p.m. for pupils; teachers shall work the full day.

    F. All teachers shall be required to attend Back-to-School Night. On the day of Back-to-School Night, half-day school sessions shall be scheduled for students and teachers.

    G. In addition to any paid chaperone duties worked, if any, all teachers shall be required to attend one (1) evening event per year, excluding all sporting events and promotional exercises, at no cost to the Board. The administration at each school will arrange for staff to select a preferred evening, subject to the administration’s need to assign staff in order to assure that all evening events are properly staffed.

    H. Child study team members and guidance counselors who work during the summer shall be paid at a rate of fifty dollars ($50.00) per hour worked. It is anticipated that no more than eighty (80) hours will be worked during the summer for each identified group of staff members, but the hours worked during the summer is subject to administrative discretion only.


    ARTICLE XXV - ROOM PREPARATION


    Each teacher shall prepare his/her classroom or place(s) of teaching before the student school year begins. Such preparation is to be complete upon the opening of school.

    ARTICLE XXVI - TRANSFERS - VOLUNTARY

    All staff members who desire a change in grade and/or subject assignment, or who desire to transfer to another building, may file a written statement of such preference with the principal and superintendent. Said statement must be filed by April 1st to be effective for the upcoming school year for positions posted prior to April 1st of that year.

    ARTICLE XXVII - TRANSFERS - INVOLUNTARY


    An involuntary transfer or reassignment will be accompanied by a meeting between the principal or the supervisor who made the recommendation if different from the principal and the staff member involved, at which time the reasons for the transfer and the objections of the staff member will be discussed. Such reasons and objections may be given in writing by both the staff member and the principal at the request of either party.



    ARTICLE XXVIII - COMPLAINTS

    A. Every effort should be made by the staff member and the parent to resolve any differences which lead to misunderstandings.

    B. If a parent or student contacts the principal or the supervisor with a verbal question concerning a staff member, effort should be made to resolve the matter informally, when possible, through meetings with the staff member, the immediate superior, the principal, or the superintendent and the parent.


    ARTICLE XXIX - EVALUATION


    A. 1. All monitoring and observation of an employee shall be conducted openly. An employee shall be given a copy of the evaluation report prepared by the evaluator. Both employee and evaluator will sign all copies. Evaluations by the superintendent will be discussed with the employee.

    A. 2. The employee's signature will only indicate that he/she has seen the evaluation and has had the opportunity to make comments on the evaluation form.


    ARTICLE XXX - PLANNING TIME AND LUNCH TIME


    A. Each teacher's work day shall include a duty-free lunch period. At the middle school, the length of the teacher lunch period shall be forty (40) minutes. At the elementary schools, the length of the teacher lunch period shall be fifty (50) minutes. Teachers may leave the building during their duty-free lunch period, but must notify the principal's office.

    B. The work week shall include forty (40) minute duty-free planning periods at the average rate of one per each full day that classes are in session.

    C. In addition to B (above), the work week shall include team planning periods at the average rate of one (1) per each full day that classes are in session. Said planning periods shall be forty (40) minutes in length at the middle school and twenty-five (25) minutes in length at the elementary schools. Said planning periods shall be for the purpose of:

    1. Conferences with teaching staff, Child Study Team and administrators.

    2. Grade level and/or department discussion meetings.

    3. Conferences with parents.
    These team planning periods are not meant to replace District curriculum writing positions or to perform administrative duties.

    D. Any changes regarding the length of school day, planning period and lunch period will be undertaken only after negotiation between the bargaining unit of the Association and the Board.

    E. The maximum teaching load at the middle school shall be six (6) classes. The maximum teaching load at the elementary schools shall be six (6) periods. Duties such as cafeteria duty or library coverage shall be considered equal to a class.
    F. 1. High school teaching staff members shall teach twenty-five (25) periods per week except as provided in this Section. High school teaching staff members may be assigned an additional five (5) periods per week (the “sixth teaching assignment”), and the Board shall use best efforts to limit the number of high school teaching staff members assigned to the sixth teaching assignment to thirty-three (33) or less.
    F. 2. All high school teaching staff members with a sixth teaching assignment shall receive, as compensation, an additional one-seventh (1/7th) of their prorated salary.

    G. 1. The teacher work day, which includes the student day plus required time before and after the student day, shall not exceed seven (7) hours. School nurses and librarians will also work a seven (7) hour day.

    G. 2. High school teachers who volunteer to work the early morning program must sign in by 7:10 a.m., and shall be released at the end of period 6.

    G. 3. Middle school teachers who volunteer to work the early morning program will come in one period early and be released one period early, but in no event shall their work day be less than seven (7) hours.

    G. 4. Teachers, nurses and librarians shall report to their classroom and/or office no less than fifteen (15) minutes before the student day begins and shall remain at least fifteen (15) minutes after student dismissal, but this provision shall not lengthen the teacher work day beyond seven (7) hours.

    H. Elementary school teachers shall not be required to remain with their students when they are being given formal instruction by the family living, computer, world language, health and enrichment or science teachers or the guidance counselor.

    I. Middle school teachers shall not be required to teach more than three (3) subjects or grade levels. If a teacher is required to teach more than three (3) subjects or grade levels, he/she shall receive an additional planning period. Efforts shall be made by the Board so that special education teachers shall not be assigned more than four (4) preparations.

    J. Any teacher required to cover a class, except in emergency situations when a teacher leaves school after the student day begins, shall be compensated at the rate of thirty-five dollars ($35.00) per period.

    K. All non-certified employees shall receive a duty-free lunch period. The length of said lunch period will be thirty (30) minutes for maintenance workers and custodians and sixty (60) minutes for secretaries and computer operators. All non-certified employees shall receive two fifteen (15) minute breaks. One break will be taken in the first half of the employee's shift, with the other break coming in the second half of the employee's shift.

    L. 1. All teaching staff shall be responsible to attend up to two (2) meetings per month for an aggregate total of no more than one hundred twenty (120) minutes after the normal school day. These meetings are for departmental, team and/or grade level meetings as well as administrative meetings. These meetings shall be for a variety of purposes, including, but not limited to: preparation of lessons/instruction, sharing instructional strategies/techniques with colleagues, principal and/or supervisor, development of rubrics, assessments and lessons designed to meet yearly school-wide goals and objectives.

    L. 2. The after school meetings described in Paragraph (1) of this Section shall be scheduled at least four (4) weeks in advance to allow teaching staff members to plan personal, educational and professional schedules.

    M. Non-certified staff shall receive summer hours. Between the end of one school year and the beginning of the next, non-certified staff members shall receive a thirty (30) minute lunch period and shall be permitted to leave at 3:00 p.m.

    N. The administration shall make best efforts to provide common planning time to regular education and special education teachers engaged in in-class support situations.


    ARTICLE XXXI - HOLIDAYS AND VACATIONS


    A. The holidays recognized by the Board of Education for non-certified employees to be observed when school is not in session shall be a minimum of twelve (12) days to be taken from the following list or such other days during the school year as determined by the Board of Education:

        Labor Day
        Christmas Day
        Columbus Day
        New Year's Day
        Yom Kippur
        Lincoln's Birthday
        General Election Day
        Presidents' Day
        Veteran's Day
        Good Friday
        Thanksgiving Day
        Memorial Day
        Day after Thanksgiving
        Independence Day
        Martin Luther King Day
    B. One half (1/2) day - time off without loss of pay shall be granted on Christmas Eve, New Year's Eve, and Thanksgiving Eve.

    C. Non-certified employees are permitted up to two (2) days to attend the NJEA Convention.


    D. The following vacation table shall be used for non-certified employees:

        1 to 5 years employment
    - 12 vacation days
        6 to 12 years employment
    - 1 additional vacation day for each year
        13 to 20 years employment
    - 1 additional vacation day for each two (2) years
        21 to 24 years employment
    - 1 additional vacation day for each year
        25 or more years employment
    - 28 vacation days
    E. Arrangement for the schedule of actual days of vacation shall be made with the superintendent, the principal, and the business administrator. Days of vacation must be used in the fiscal year, July 1st through June 30th, with the exception of five (5) days which may be automatically carried over for use in the following year.

    F. If there is an emergency closing of schools due to inclement weather, secretarial staff will not be required to report to work. However, in the event of early closings/dismissals due to inclement weather or other emergencies, secretarial employees shall be required to remain at their work site until notification is received that all busses have safely completed their runs.

    G. For employees with less than one (1) year service on July 1st, a vacation period based on an accrual of one (1) day for each completed month of employment will be allowed.

    H. Vacation pay shall be payable in advance on the employee's last work day immediately preceding his/her vacation when such vacations are taken in blocks of time of one (1) week or longer and at least one (1) month's notice has been given.


    ARTICLE XXXII - OVERTIME


    A. Non-certified employees who work any part of a recognized holiday or a Sunday will be paid double their regular base rate of pay for all hours worked. With respect to holidays, this will be in addition to their eight (8) hours of holiday pay at their regular base rate of pay.

    B. Time and a half (1-1/2) shall be paid to any non-certified employee whose work exceeds forty (40) hours in any given week.

    C. Employees who are called in for snow removal or other emergency situations shall be guaranteed at least two (2) hours pay, as long as the call-in is not contiguous with the regular work day. Such call-in work shall be paid at the rate of one and one-half (1-1/2) times the employee's base rate of pay, except as provided in A above.

    D. Overtime shall be offered to full-time employees on a rotating basis before part-time employees are asked to work.




    ARTICLE XXXIII - UNIFORMS

    A. All maintenance personnel shall receive three (3) uniforms and one (1) pair of work shoes; the cost of the shoes shall not exceed a maximum of one hundred dollars ($100.00) annually.

    B. The Board will furnish specifications for both the shoes and the uniforms.

    C. Reimbursement for uniforms and shoes, if applicable, will be made through the Board's payment of proper vouchers.

    D. Employees shall maintain all uniforms and shoes at their own expense.

    E. All employees shall report to work at all times in clean uniforms and safety shoes.

    ARTICLE XXXIV - NON-CERTIFIED DISCIPLINE PROCEDURE

    A. An initial disciplinary action taken against an employee by his/her supervisor shall be an oral warning. A record of the oral warning shall be placed in the employee's personnel file.

    B. For a second disciplinary action, a formal written reprimand shall be issued to the employee with a copy placed in the employee's personnel file.

    C. A third infraction given to an employee shall warrant suspension without pay pending a hearing before the superintendent for imposition of possible termination.

    D. A copy of any document placed in an employee's personnel file, under this Article, shall be sent to the Association’s president by means of the inter-school mail, or by regular mail during the summer with the approval of the employee.

    E. Whenever an employee is required to meet with the superintendent or any of his/her designated representatives, and some form of disciplinary action is contemplated, the employee shall be so informed and shall have the right to have an Association representative present.

    F. This procedure does not preclude the Board of Education from dismissing or suspending an employee without warning for serious misconduct.


    ARTICLE XXXV - LAYOFF PROCEDURE

    A. In the event of a non-certified reduction in force, including reductions caused by the discontinuance of a facility, the employees shall be laid off in the inverse order of seniority of the employees in the category involved.

    B. Non-certified employees laid off will be recalled to work in order of seniority.

    C. The Board shall maintain its reluctance to privatize maintenance services in the District.



    ARTICLE XXXVI - PRESENT POLICIES

    Except as this Agreement shall otherwise provide, all negotiable terms and conditions of employment applicable on the effective date of this Agreement shall continue to be so applicable during the term of this Agreement. No such negotiable terms and conditions of employment shall be modified without prior negotiations with the majority representative.



    ARTICLE XXXVII - TERMINATION AND EXTENSION AGREEMENT

    A. The terms of this Agreement, inclusive of salary schedules shall extend through June 30, 2010.

    B. This Agreement shall continue in full force beyond the termination date if agreed upon in writing by both parties.

    IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed by their respective Presidents, attested by their respective Secretaries and their

    corporate seals to be hereunto affixed, all on the day and year first above written.



    (SEAL)

    ATTEST

    _____________________________
    Board Secretary
    THE CLARK BOARD OF EDUCATION
    of the Township of Clark,
    Union County, New Jersey

    By: ___________________________________
    Board President
    (SEAL)


    ATTEST

    ______________________________
    Association Vice President
    CLARK EDUCATION ASSOCIATION


    By: ___________________________________
    Association President

    F:\WP-DATA\LIT\MATTERS\CBOE-101 2007-2010 CBA redline.doc


    Schedule A
    BA

    Step 2006-2007 2007-2008 2008-2009 2009-2010

    1 43,785 45,250 46,770 48,855

    2 43,985 45,450 46,970 49,055

    3 44,185 45,660 47,180 49,265

    4 44,635 45,865 47,395 49,485

    5 45,335 46,330 47,610 49,710

    6 46,285 47,060 48,100 49,935

    7 47,110 48,045 48,850 50,450

    8 48,635 48,900 49,875 51,235

    9 50,310 50,485 50,760 52,310

    10 51,660 52,225 52,405 53,240

    11 53,310 53,625 54,210 54,965

    12 56,610 56,710 56,945 57,165

    13 60,240 60,340 60,440 60,630

    14 65,060 65,160 65,260 65,450

    15 70,005 70,105 70,205 70,395

    16 76,555 76,655 77,755 77,945

    17 83,800 85,225 86,955 88,990
    MA

    Step 2006-2007 2007-2008 2008-2009 2009-2010

    1 46,535 47,965 49,445 51,610

    2 46,735 48,165 49,645 51,810

    3 46,935 48,370 49,850 52,020

    4 47,735 48,580 50,065 52,235

    5 48,435 49,405 50,280 52,460

    6 49,335 50,130 51,135 52,685

    7 50,210 51,065 51,885 53,580

    8 51,610 51,965 52,855 54,365

    9 53,110 53,415 53,785 55,385

    10 54,460 54,970 55,285 56,360

    11 56,010 56,365 56,895 57,930

    12 59,210 59,310 59,410 59,600

    13 62,740 62,840 62,940 63,030

    14 67,760 67,860 67,960 68,150

    15 73,205 73,305 73,405 73,595

    16 81,805 81,905 82,005 82,195

    17 91,100 92,525 94,255 96,290

    MA+30

    Step 2006-2007 2007-2008 2008-2009 2009-2010

    1 49,235 50,760 52,340 54,655

    2 49,435 50,960 52,540 54,855

    3 49,635 51,165 52,745 55,065

    4 50,435 51,375 52,960 55,280

    5 51,135 52,200 53,175 55,505

    6 51,335 52,925 54,030 55,730

    7 52,110 53,135 54,780 56,625

    8 53,910 53,935 54,995 57,410

    9 55,510 55,800 55,825 57,635

    10 57,160 57,455 57,755 58,505

    11 58,910 59,165 59,470 60,530

    12 62,510 62,610 62,710 62,910

    13 65,740 65,840 65,940 66,140

    14 70,760 70,860 70,960 71,160

    15 80,105 80,205 80,305 80,505

    16 87,155 87,255 87,355 87,555

    17 94,900 96,325 98,055 100,090

    Ed.D./Ph.D.

    Step 2006-2007 2007-2008 2008-2009 2009-2010

    1 51,235 52,828 54,640 57,065

    2 51,435 53,028 54,840 57,265

    3 51,635 53,235 55,045 57,475

    4 52,435 53,442 55,260 57,690

    5 53,135 54,270 55,475 57,910

    6 53,335 54,995 56,335 58,140

    7 54,110 55,202 57,085 58,930

    8 55,910 56,004 57,300 59,710

    9 57,510 57,867 58,135 59,935

    10 59,160 59,523 60,070 60,809

    11 60,910 61,231 61,785 62,833

    12 64,510 64,610 64,710 64,910

    13 67,740 67,840 67,940 68,140

    14 72,760 72,860 70,960 71,060

    15 82,105 82,205 82,305 82,505

    16 89,155 89,255 89,355 89,555

    17 96,900 98,325 99,980 102,015

    Maintenance

    Step 2007-2008 2008-2009 2009-2010

    0 49,705 52,205 54,705

    1 49,905 52,405 54,905

    2 50,105 52,605 55,105

    3 50,305 52,805 55,305

    4 50,505 53,005 55,505

    5 52,605 55,105 57,605

    6 55,005 57,505 60,005

    7 57,405 59,905 62,405

    8 61,335 63,482 65,704

    AV Tech/Equipment

    Step 2007-2008 2008-2009 2009-2010

    0 48,685 50,433 52,250

    1 48,885 50,633 52,450

    2 49,093 50,841 52,658

    3 49,301 51,057 52,874

    4 49,509 51,273 53,099

    5 50,717 51,490 53,324

    6 52,715 52,915 53,549

    7 55,012 55,212 55,412

    8 59,753 61,246 62,778
    Computer Operator

    Step 2007-2008 2008-2009 2009-2010

    0 36,825 37,900 39,215

    1 37,025 38,100 39,415

    2 37,235 38,500 39,625

    3 37,445 38,725 40,040

    4 37,655 38,925 40,275

    5 38,705 39,160 40,505

    6 41,605 41,705 41,805

    7 45,205 45,305 45,405

    8 53,761 55,245 56,645
    Secretary

    Step 2007-2008 2008-2009 2009-2010

    0 34,545 35,730 36,960

    1 34,745 35,930 37,160

    2 34,950 36,135 37,370

    3 35,160 36,350 37,580

    4 35,365 36,565 37,805

    5 35,575 36,780 38,030

    6 39,705 39,805 39,905

    7 42,105 42,205 42,305

    8 50,980 52,005 53,025


    Aides
    Step
    2006-2007
    2007-2008
    2008-2009
    2009-2010
    011.0011.0011.5012.05
    1 - 412.0012.5513.1013.70
    5 - 1013.0514.0514.7015.35
    11+14.1014.6515.3016.00


    Appendix A



    Office of the Superintendent
    Clark Public School District
    Clark, NJ 07066


    FORM FOR FILING GRIEVANCE

    Name of Grievant(s): _________________________________________________

    Date of Filing _______________________ School ___________________



    The specific Article and Section of the agreement which is being grieved






    Description of the grievance





    The relief sought






    The grievance has been filed by:

    Name ____________ Title _______________________

    Address _______________________________________________________________

    Signature _______________________________________________

    Witness ________________________________________________


    Clark BE and Clark EA 2007.pdf