ORANGE PUBLIC SCHOOLS Orange, New Jersey AGREEMENT BETWEEN ORANGE BOARD OF EDUCATION AND ORANGE EDUCATION ASSOCIATION

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1 ORANGE PUBLIC SCHOOLS Orange, New Jersey AGREEMENT BETWEEN ORANGE BOARD OF EDUCATION AND ORANGE EDUCATION ASSOCIATION July 1, June 30, 2012

2 TABLE OF CONTENTS ARTICLE PAGE COMMON ELEMENTS... 4 PREAMBLE... 5 ARTICLE I RECOGNITION... 5 ARTICLE II - NEGOTIATION OF SUCCESSOR AGREEMENT... 7 ARTICLE III - ASSOCIATION RIGHTS AND PRIVILEGES... 7 ARTICLE IV - GRIEVANCE PROCEDURE... 8 A. Definition... 8 B. Purpose... 9 C. Procedure... 9 D. Rights of Employees to Representation E. Miscellaneous ARTICLE V - EMPLOYEE RIGHTS A. Employee Rights B. Employee Savings Clause C. Employee Discipline D. Association Identification E. Leave for Association President F. Personnel Records G. Salary Placement H. Complaint Procedure I. Derogatory Material ARTICLE VI - SALARIES A. Salary Provisions B. Procedure for Withholding Employment or Adjustment Increments C. Contractual Settlement D. HEALTH BENEFITS "OPT OUT" ARTICLE VII - ACCIDENTS ON SCHOOL PROPERTY ARTICLE VIII - MISCELLANEOUS PROVISIONS ARTICLE IX - SALARY DEDUCTIONS ARTICLE X - MANAGEMENT RIGHTS ARTICLE XI - JOB SECURITY ARTICLE XII - DURATION OF AGREEMENT TEACHER LANGUAGE ARTICLE XIII - TEACHING HOURS AND TEACHING LOAD A. Length of School Day B. Teaching Hours C. Teaching Load D. Term of Employment E. Lunch Period F. Preparation Time G. Reduction H. Student Instructional Time ARTICLE XIV - CLASS SIZE ARTICLE XV SALARIES ARTICLE XVI - TEACHER ASSIGNMENT ARTICLE XVII - TEACHER EVALUATION ARTICLE XVIII - LEAVES OF ABSENCE A. Sabbatical Leave (Not more than 2% of Staff) B. Child-Rearing C. Maternity Disability D. Health and Hardship Leave E. Convention Leave F. Peace Corps Leave G. Personal Illness H. Personal Business I. Absences - Death

3 J. Association Business Day K. Absences - Miscellaneous ARTICLE XIX - PROTECTION OF TEACHERS, STUDENTS AND PROPERTY ARTICLE XX - MAINTENANCE OF CLASSROOM CONTROL AND DISCIPLINE ARTICLE XXI - BENEFITS PROVIDED BY THE ORANGE BOARD OF EDUCATION A. Health Benefits B. College Courses/Tuition Reimbursement C. In-Service Programs D. Separation pay For Unused Sick Days SCHEDULE A SCHEDULE A SCHEDULE A PROFESSIONAL STAFF SALARY GUIDE MOVEMENT SCHEDULE B SCHEDULE C SCHEDULE D COACHES SALARY GUIDE SECRETARY LANGUAGE ARTICLE XXII - WORK YEAR. DAILY WORKING HOURS AND OVERTIME A. WORK YEAR B. WORK WEEK C. OVERTIME: ARTICLE XXIII - EMPLOYMENT PROCEDURES A. RESIGNATION B. NOTIFICATION OF CONTRACT AND SALARY C. TRANSFERS D. TERMINATION ARTICLE XXIV - VOLUNTARY TRANSFER AND REASSIGNMENT ARTICLE XXV- INVOLUNTARY TRANSFERS AND REASSIGNMENTS ARTICLE XXVI - REDUCTION IN FORCE PROCEDURES ARTICLE XXVII - EMPLOYEE EVALUATION ARTICLE XXVIII - FAIR DISMISSAL PROCEDURE ARTICLE XXIX - SALARIES A. Longevity B. Procedure for Withholding Increments or Adjustments C. Vacation Pay D. Benefits ARTICLE XXX- ENTITLEMENT A. Sick Leave B. Notification of Accumulation C. Separation Pay for Unused Sick Days D. Personal Business Days E. Vacations E. Death in the Family F. Maternity Leave G. Good Cause H. In Addition to Sick Leave I. Family Leave Act J. Illness in Family K. Return from Leave L. Extensions and Renewals ARTICLE XXXI - PROFESSIONAL GROWTH A. Professional Growth B. Further Education C. Tuition Reimbursement D. Degree Attainment SCHEDULE E - EXECUTIVE SECRETARY SCHEDULE F - ADMINISTRATIVE SECRETARY SCHEDULE G BOOKKEEPERS

4 SECRETARY GUIDE MOVEMENT PARAPROFESSIONAL LANGUAGE ARTICLE XXXII - COMPLAINT PROCEDURE ARTICLE XXXIII - ASSOCIATION RIGHTS AND PRIVILEGES ARTICLE XXXIV - WORK YEAR, DAILY WORKING HOURS AND OVERTIME A. Work Year B. Work Week C. Overtime D. Assignment to Substitute for Secretary ARTICLE XXXV - PROTECTION OF EMPLOYEES ARTICLE XXXVI - EMPLOYMENT PROCEDURES A. Resignation B. Notification of Contract and Salary ARTICLE XXXVII - SALARIES AND BENEFITS A. Longevity Payments: B. Health Benefits: C. Pay Schedule D. Benefits E. Separation Pay For Unused Sick Days F. Summer School, Saturday, and After-School Salary ARTICLE XXXVIII - PROFESSIONAL GROWTH A. Further Study B. Reimbursement for Study ARTICLE XXXIX - OPENINGS PROMOTIONS AND TRANSFERS A. Posting of Vacancies or Promotional Positions B. Voluntary Transfers C. Involuntary Transfers ARTICLE XXXX- EMPLOYEE EVALUATION ARTICLE XXXXI - FAIR DISMISSAL PROCEDURE SCHEDULE H - PARAPROFESSIONAL SALARY GUIDE SCHEDULE I - ATTENDANCE OFFICERS PARAPROFESSIONAL STAFF SALARY GUIDE MOVEMENT ATTENDANCE OFFICER SALARY GUIDE MOVEMENT SECURITY OFFICERS LANGUAGE ARTICLE XXXXII - ASSOCIATION RIGHTS AND PRIVILEGES ARTICLE XXXXIII - WORK YEAR, DAILY WORKING HOURS AND OVERTIME A. Work Year B. Work Week C. Overtime D. Night-time Stipend ARTICLE XXXXIV - PROTECTION OF EMPLOYEES ARTICLE XXXXV - EMPLOYMENT PROCEDURES A. Notification of Contract and Salary B. Resignation C. Termination ARTICLE XXXXVI - SALARIES AND BENEFITS A. Longevity Pay B. Health Benefits C. Death in the Family D. Child Rearing Leave and Maternity Disability E. Separation Pay for Unused Sick Days F. Professional Growth G. Reimbursement for Study ARTICLE XXXXVII - EMPLOYEE EVALUATION ARTICLE XXXXVIII - FAIR DISMISSAL PROCEDURE SCHEDULE J SECURITY OFFICERS SECURITY OFFICER SALARY GUIDE MOVEMENT

5 COMMON ELEMENTS 4

6 PREAMBLE This Agreement entered into this month of May 21, 2010, by and between the Board of Education of Orange, New Jersey, hereinafter called the Board and Orange Education Association, hereinafter called the Association, retroactive to July 1, WITNESSETH: WHEREAS, the Board and the Association recognize and declare that providing a quality education for the students of the Orange School District is their primary aim and that the character of such education depends predominately upon the quality of teaching, the availability of materials, the functional utility of facilities, the release of imagination in planning the application of democratic processes in administration, and the maintenance of high morale among the teaching faculty and educational support staff, and WHEREAS, the members of the Association are particularly qualified to advise the formulation of policies and programs designed to improve educational standards, and WHEREAS, the Board has an obligation pursuant to Chapter 123 Public Laws, 1974, to negotiate with the Association as the representative of employees hereinafter designated with respect to the terms and conditions of employment, and WHEREAS, the parties have reached certain understandings, which they desire to confirm in this Agreement, be it RESOLVED, in consideration of the following mutual covenants, it is hereby agreed as follows: ARTICLE I RECOGNITION A. Unit The Orange Board of Education hereby recognizes the Orange Education Association as the exclusive and sole representative for collective negotiation concerning grievances and terms and conditions of employment for all unit personnel employed by the Board including: Administrative Secretary Attendance Officer Bilingual Aide Bookkeeper Executive Secretary Facilitator Guidance Counselor Instructional Paraprofessional Language Arts Coaches/Master Teacher Librarians/Media Specialist Math Coaches/Master Teacher Nurse Parent Liaison 5

7 Part Time Teacher (teachers working at least 20 hours/week) Pupil Personnel Staff School Based Social Worker Science Coaches/Master Teacher Security Officer Substance Abuse Counselor Teacher Team Leader Technology Coordinator Extra Curricular Activity Advisor All Stipend Category Position but excluding: Administrator Assistant Principal Confidential Personnel Director Deputy Superintendent Elementary and Secondary Coordinator Principal Managerial Confidential Personnel Network Administrator Non-managerial Personnel Superintendent Supervisor Systems Engineer B. Definition of Employee Unless otherwise indicated, the term employee when used hereinafter in this Agreement shall refer to all certificated and non-certificated employees represented by the Association in the negotiating unit as above defined. C. The Board of Education can create new positions. The compensation for these new positions will be discussed with the Association s President or the President s designee and agreed to by the Board and the Association. D. Interchangeable Paraprofessional Personnel Part-time hourly employees are not included in this contract. Tasks may be assigned to Association personnel interchangeably within the same category. Part-time employees working less than twenty (20) hours per week are not included in this contract. Part-time employees working twenty (20) or more hours a week shall enjoy all contractual terms and conditions of employment. E. Interchangeable Secretarial Personnel Part-time hourly employees are not included in this contract. Tasks will be assigned to Association personnel interchangeably within each category. 6

8 F. Part-time Security Officers Part time/hourly Security Officers employees are not included in this contract. ARTICLE II - NEGOTIATION OF SUCCESSOR AGREEMENT A. Deadline Date The Parties agree to enter into collective negotiation over a successor agreement in accordance with Chapter 123 Public Laws 1974, in good-faith effort to reach agreement on all matters concerning the terms and conditions of employment. Such negotiations shall begin not later than December 1st of the school year in which this Agreement expires. Any Agreement so negotiated shall apply to all employees, be reduced to writing, be signed by the Board and the Association, and be subject to ratification by the Board of Education and the Association membership, and shall remain in full force until a successor agreement is reached. B. Personnel policies of the Board of Education shall include a procedure for the presentation, consideration, and settlement of grievances. C. Modification The 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 - ASSOCIATION RIGHTS AND PRIVILEGES A. The Board agrees to make available to the Association in response to reasonable requests from time to time all available published information concerning the district. B. Whenever any representative of the Association or any employee is mutually scheduled by the parties to participate during working hours in negotiations, grievance proceedings, conferences, or meetings, he/she shall suffer no loss in pay. C. Representatives of the Association, the New Jersey Education Association, and the National Education Association shall be permitted to transact official Association business on school property at all reasonable times, provided that this shall not interfere with or interrupt school operations. D. The Association and its representatives shall have the right to use school buildings at all reasonable hours for meetings. The principal (or the person in charge) of the building in question shall be notified in advance of the time and place of all such meetings. Prior approval by the School Business Administrator shall be obtained. This decision shall be subject to the grievance procedure. E. Orientation programs for new employees may be co-sponsored by the Board and the Association with the Association assuming equally such costs as may be mutually agreed upon during the planning of such programs. The School Board shall not assume the cost of purely social events conducted as part of such orientation programs, nor shall the Association be expected to assume the cost of speakers, consultants, and services normally considered an 7

9 appropriate professional in-service training activity of a board of education. F. The Board of Education shall provide a method whereby the employees through their Association, the Superintendent, and a committee of the Board of Education shall jointly develop personnel policies for presentation to the Board. G. The Board agrees to consult with the Association in the formation of the school calendar. H. The Association may be placed on the agenda of faculty meetings with the prior approval of the building administrator. I. All vacancies and new positions inclusive of positions paying salary differentials shall be adequately posted in every school. All qualified employees shall be given an opportunity to make application for such position(s). All posting(s) must give the individual at least five (5) school days in which to respond to a posting, except in an emergency. The superintendent or his/her designee shall reply in writing of receipt of said request within ten (10) days. Postings shall be listed on district web site, and school or district bulletin boards. The President of the Association shall receive a copy of all postings for this unit at the time of posting. J. The Association shall have the right to use school facilities and equipment, including typewriters, mimeograph machine, other duplicating equipment, calculating machines, and all types of audio-visual equipment at reasonable times when such equipment is not otherwise in use. The Association shall assume responsibility for the cost of all supplies, damages, and losses due to its use of school equipment. The school principal shall be given a 48 hour notice of a request to use school facilities and/or equipment. K. The Association reserves the right for the Association President and designee to request to meet with the Administrators in charge of Human Resources and Staff Development periodically at the end of the workday without compensation. The Administrators shall notify the Association President of the date, time, and place of the meeting, which shall take place within ten (10) working days of the request. ARTICLE IV - GRIEVANCE PROCEDURE A. Definition A grievance is a claim by an employee based upon the interpretation, meaning, or application of any of the provisions of this Agreement, Board of Education policy and/or administrative decisions affecting the terms and conditions of employment. 1. It is expressly understood by the parties that the decision not to renew a non-tenure teacher or secretary is final and binding by the Board of Education and not subject to the provisions of this Article. 2. Scheduling and placement of students, the scheduling and the assignment of employees is not subject to the provisions set forth in this Article. 8

10 B. Purpose 1. The purpose of this procedure is to secure at the lowest possible level, equitable solutions to the problems which may, from time to time arise, affecting the welfare or terms and conditions of employment. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of the procedure. 2. Nothing herein contained shall be construed as limiting the right of any employee having a grievance to discuss the matter informally with any appropriate member of the administration and having the grievances adjusted without intervention of the Association provided the adjustment is not inconsistent with terms of this Agreement and that the Association has been given the opportunity to be present at such adjustment and to state its views. C. Procedure 1. All days shall be considered school days. School days means days when students are in attendance. 2. Since it is important that a grievance be processed as rapidly as possible, the number of days indicated at each level should be considered as a maximum and every effort should be made to expedite the process. The time limits specified may, however, be extended by mutual agreement. 3. Every effort shall be made to resolve grievances before the end of the school year. However, vacation periods shall suspend the time limits delineated below. 4. A grievance to be considered under this procedure must be initiated within twenty (20) days from the time when the grievant knew or should have known of its occurrence. 5. Level I - An employee with a grievance shall first discuss it with the principal or immediate supervisor either directly or through the Association s designated representative, with the objective of resolving the matter informally. 6. Level II - If the aggrieved person is not satisfied with the disposition of the grievance at Level I, the Association may refer it, within six (6) days, in writing, to the Superintendent of Schools or his/her designee. 7. Level III a. If the Association is not satisfied with the disposition of the grievance at Level II, or if no decision has been rendered within ten (10) days after the grievance was delivered to the Superintendent or his/her designee, the Association shall refer the grievance to the Board of Education within ten (10) days. b. The Board agrees to hear Board Level grievances within the time frame of two regular Board meetings. Within twenty (20) days of that hearing, the Board agrees to forward its findings to the Association. 8. Arbitration a. If the grievance is not resolved at Level HI, at the request of the Association, the Board and the Association shall attempt to agree upon a mutually acceptable neutral 9

11 arbitrator and shall obtain a commitment from said neutral arbitrator to serve. If the parties are unable to agree upon a neutral arbitrator or to obtain such commitment within ten (10) days, a request for a list of arbitrators may be made to the Public Employment Relations Commission (PERC) by either party. The parties shall then be bound by the rules and procedures of the PERC in the selection of an arbitrator. b. The arbitrator, so selected, shall confer with the representatives of the Board and the Association and hold hearings promptly and shall issue a decision not later than twenty (20) days from the date of the close of the hearing, or if oral hearings have been waived, then from the date of final statements and proofs on the issues are submitted. The arbitrator s decision shall be in writing and shall set forth findings of fact, reasoning, and conclusion on the issue submitted. The arbitrator shall be without power or authority to make any decision which requires the commission to any act prohibited by law or which violates the terms of this Agreement. The decision of the Arbitrator, which shall be binding, shall be submitted to the Board and the Association. c. Unless otherwise mutually agreed to, all grievance hearings shall be at some appropriate conference room in Orange and provided at the Board s expense. d. The cost of the services of the arbitrator, including per diem expense, if any, and the actual and necessary travel, subsistence expenses and the cost of the hearings shall be borne equally by the Board and the Association. D. Rights of Employees to Representation 1. Any party in interest may be represented at all stages of the grievance procedure by himself/herself or at his/her option by a representative elected or approved by the Association. When an employee is not represented by the Association, the Association shall have the right to be present and to state its views at all stages of the grievance procedure. 2. No reprisals of any kind shall be taken by the Board or by any member of the administration against any party in interest, any building representative, any member of the Association or any other participant in the grievance procedure by reason of such participation. E. Miscellaneous 1. If, in the judgment of the Association, a grievance affects a group or class of employees, the Association may submit such grievances, in writing, to the Superintendent directly, and the processing of such grievance shall be commenced at Level II. The Association may process such a grievance even though the aggrieved person(s) does not wish to do so. 2. Decisions rendered at Levels II and III which are unsatisfactory to the aggrieved person shall be in writing made available to the parties in interest and to the Association. 3. Unless otherwise mutually agreed, all meetings and hearings under this procedure shall 10

12 not be conducted in public and shall include only such parties in interest and the designated or selected representatives heretofore referred to in this Article. 4. Any employee in the Orange School System or any person(s) under the supervision or control of the Orange Board of Education required by the Association and the Board shall be made available for appearance at any arbitration or grievance hearing as requested by the Association without loss of pay while attending such hearings. 5. No reprisals of any kind shall be taken by the Board or Association against any participant(s) in the grievance procedure by reason of such participation. 6. All documents, communications and records dealing with the processing of a grievance shall be filed in separate grievance file and shall not be kept in the personnel files of any of the participants. ARTICLE V - EMPLOYEE RIGHTS A. Employee Rights Pursuant to Chapter 123, Public Laws 1974, 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 the purpose of engaging in negotiations, and other concerted activities for mutual aid and protection. As a duly selected body exercising governmental power under color of law of the State of New Jersey, the Board undertakes and agrees that it shall not directly or indirectly discourage or deprive or coerce any employee from the enjoyment of any rights conferred by Chapter 123, Public Laws 1974, or other laws of New Jersey or the Constitutions of New Jersey and the United States, that it shall not discriminate against any employee with respect to hours, wages, or any terms of conditions of employment by reason of his/her membership or participation in the Association and its affiliates, collective negotiations with the Board, or his/her institution of any grievance, complaint or proceeding under this Agreement or otherwise with respect to any terms or conditions of employment. B. Employee Savings Clause Nothing contained herein shall be construed to deny or restrict any employee such rights as he/she may have under New Jersey School Laws or other applicable laws and regulations. C. Employee Discipline No employee shall be disciplined, reprimanded, reduced in rank or compensation or deprived of any professional advantage without just cause except as may be provided by law. Any such action asserted by the Board, or any agents or representative thereof, shall be subject to the grievance procedure herein set forth. D. Association Identification No employee shall be prevented from wearing pins or other identification of membership in the Association or its affiliates. No Security Officer shall be prevented from wearing pins of the Association or its affiliates. The Security Officers Uniform shall in no way be obscured in the wearing of such pins. 11

13 However, pins related to collective bargaining may not be worn in the presence of students. E. Leave for Association President Teacher: Released time will be scheduled one teaching period per day in such a way that the lunch period, the preparation period and the released time period occur consecutively whenever possible. Educational Support Professional: The Board shall permit the Association s president to take forty (40) minutes of release time immediately preceding or following that employee s scheduled lunch period to conduct Association business. F. Personnel Records A employee shall have the right, with a prior scheduled appointment, to review the contents of his/her personnel files with a representative of the personnel department and to receive copies of any documents contained therein. The employee shall acknowledge that he/she has had the opportunity to review such material by affixing his/her signature to the copy to be filed with the express understanding that such 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. An employee may be entitled to have a representative of the Association accompany him/her during such review. G. Salary Placement Any employee whose employment commences prior to February 1 of any school year shall be given full credit for (1) year of service toward the next increment step for the following year provided such employee is reappointed. H. Complaint Procedure Any complaints regarding an employee made to any member of the administrative staff by any parent, student, or other person which does or may influence evaluation of an employee, shall be immediately reported to the employee. The principal or immediate supervisor shall meet with the employee to apprise the employee of the full nature of the complaint, and they shall attempt to resolve the matter informally. An administrator or supervisor shall strive to reprimand an employee only in private and not in the presence of peers, students or parents. I. Derogatory Material No material derogatory to an employee s conduct, service, character or personality shall be placed in any personnel file unless the employee has had an opportunity to review the material. The employee shall acknowledge that she/he has had the opportunity to review such material by affixing her/his signature to the copy to be filed, with the expressed understanding that such signature in no way indicates agreement with contents thereof. The employee shall also have the right to submit a written answer to such material, and her/his answer shall be reviewed by the Superintendent or his designee and attached to the file copy. 12

14 ARTICLE VI - SALARIES A. Salary Provisions The salaries of all employees covered by this Agreement are set forth in Schedule A which is attached hereto and made a part hereof. 1. Employees employed on a twelve (12) month basis shall be paid in twenty-four (24) semi-monthly installments. 2. Employees employed on an eleven (11) month basis shall be paid in twenty-two (22) semi-monthly installments. 3. Employees employed on a ten (10) month basis shall be paid in twenty (20) semimonthly installments. 4. Employees shall receive their final checks on the last working day in June. 5. Pay Day Saving Account Program Each Employee may individually elect to have ten percent (10%) of his/her monthly salary deducted from his/her pay, which will be deposited in a Pay Day Savings Account, which deposits will be made within ten (10) working days. B. Procedure for Withholding Employment or Adjustment Increments 1. Employment or adjustment increments may be withheld pursuant to N.J.S.A. 18A: Any recommendation to withhold an increment or part thereof shall be in accordance with the following procedure: 3. a. The employee shall be notified, in writing, with reasons, of the possibility of the withholding of an increment. b. The decision with respect to recommendation for withholding shall be made, in writing, to the Board through the Superintendent. c. An employee has the right to request, in writing, an annual review by the Board of Education for restoration of withheld increment. Should the Board deny the request to restore the increment, the employee shall be given a written statement specifying reasons for the denial. C. Contractual Settlement In lieu of a contractual raise for the school year, 10 month employees hired prior to June 30, 2010 will be credited, on a one-time prorated basis with two (2) additional sick days to be added to each individual s accumulated sick leave bank on July 1, Upon separation from employment with the District, these two (2) additional sick days will be converted to salary based upon the employee s per diem rate (1/200 th ) during their separation year. This provision shall be in force only for the calendar/school year. Any ten (10) 13

15 month employee whose increment is denied for the school year shall be eligible for this provision but the employee s increment shall be withheld in the school year. In lieu of a contractual raise for the school year, 12 month employees hired prior to June 30, 2010 will be credited, on a one-time prorated basis, two (2) vacation days beyond the contractual allotment. The two (2) vacation days must be used by the end of the school year in such a way so that the employee s vacation carryover does not exceed the District s five (5) day carryover provision. This provision shall be in force only for the calendar/school year. Any twelve (12) month employee whose increment is denied for the school year shall be eligible for this provision but the employee s increment shall be withheld in the school year. D. HEALTH BENEFITS "OPT OUT" An employee who has health benefit coverage through a spouse or from another source and who can demonstrate same to the Business Administrator, may elect to forego all or a portion of his/her health benefit coverage for a full school year and receive a cash payment of twenty-five percent (25%) of the premium savings or $5,000.00, whichever is the lesser, to the Board of Education on June 30th of the school year. Said payment will not be considered salary, nor will it be considered pensionable. The Board shall establish an IRS Section 125 plan. The individual unit member shall be responsible for any tax liability. The employee shall complete the forms by which an employee shall waive coverage and apply for payment. (See attached Waiver of Health Benefits form) An employee who has waived all or a portion of his/her health benefit coverage will be allowed to restore such coverage on an immediate basis, without the necessity of a health questionnaire for the employee or his/her family members, in the event of a hardship or change of life event. Reentry into all health benefit coverage for reason of hardship or change of life applies only in the following situations, which result in the loss of health benefits coverage through the employee's spouse or other source: Termination of employment (proof of termination of benefits required) Legal Separation (a copy of decree is required) Group contract/policy terminated (proof of termination of benefits required) Disability of spouse which eliminates benefits (proof of termination of benefits required) Divorce (a copy of the decree is required) Death of Spouse (a copy of death certificate is required) Military Discharge (a copy of DD214 is required) In addition, any employee who has waived all his/her health benefit coverage may automatically restore his/her coverage by applying during the open enrollment period during any school year. The reinstatement date under such conditions will be April 1. It will not be necessary for any employee or his/her family members to complete a Statement of Health (proof of insurability) to restore coverage during the open enrollment period. 14

16 ARTICLE VII - ACCIDENTS ON SCHOOL PROPERTY A. In approved Workmen s Compensation cases, when an employee has been injured while on duty, his/her absence shall not be counted against his/her sick leave. All Workmen s Compensation medical bills shall be presented to the Board of Education for payment. B. If the resulting disability requires a lengthy convalescence, the Board of Education shall pay full salary in accordance with Title 18A: C. Employees shall not be required to work under conditions that are contrary to existing health and safety laws and regulations. The Building Principal shall be notified of any health and safety problems and shall investigate to solve the problem(s). D. Employees shall immediately report cases of injury or assault suffered by them in connection with their employment to their principal or immediate supervisor. Such notification shall be immediately forwarded to the Superintendent. ARTICLE VIII - MISCELLANEOUS PROVISIONS A. The Board and the Association shall carry out the commitments contained herein during the term of this Agreement. B. The Orange Education Association recognizes its unique and favorable role as a professional organization and its responsibility to promote, enhance or otherwise encourage high standards of professional conduct, performance or attainment among its membership. Towards this end, the Association pledges to diligently encourage excellence in professional conduct among its members, taking whatever steps are necessary as a professional body to effect these aims. C. If any provision of this Agreement or any application of this Agreement to any employee or group of employees is held to be contrary to law, then such provision or application shall be deemed invalid and subsisting except to the extent permitted by law, and all other provisions or applications shall continue in full force and effect. D. The Board and the Association agree that there shall be no discrimination, and that all practices, procedures, and policies of the school system shall clearly exemplify that there is no discrimination in the hiring, training, assignment, promotion, transfer or discipline of employees on the basis of race, creed, color, religion, national origin, sex, domicile, or marital status. E. Copies of the Agreement shall be printed at the expense of the Board within thirty (30) days after the Agreement is signed and shall be presented to all members now employed, hereafter employed or considered for employment by the Board. F. Whenever any notice is required to be given by either of the parties to this Agreement to the other, pursuant to the provision(s) of this Agreement, either party shall do so by telegram or registered letter at the following address: 15

17 1. If by Association, to Board at 451 Lincoln Avenue Orange, New Jersey If by Board, to Association at 27 Lincoln Avenue Orange, New Jersey G. This Agreement represents the full understanding of the parties and shall not be modified except in writing, duly signed by both parties. H. Personnel required to use their automobiles in the performance of their duties shall be reimbursed at the IRS as approved by the Board upon recommendation of the Superintendent. I. Compliance between Individual Contract and Master Agreement Any individual contract between the Board and individual employee, heretofore or hereafter executed, shall be subject to and consistent with the terms and conditions of this Agreement. If any individual contract contains any language inconsistent with this Agreement, this Agreement, during its duration, shall be controlling. ARTICLE IX - SALARY DEDUCTIONS A. The Board agrees to deduct from the salaries of its members dues for the Orange Education Association, Essex County Education Association, the New Jersey Education Association and the National Education Association, or any one or any combination of such Associations as said members individually and voluntarily authorize the Board to deduct. Such deductions shall be made in compliance with N.J.S.A. 52: e and under rules established by the State Department of Education Association by the 15th of each month following the monthly pay period in which deductions were made. The Association treasurer shall disburse such monies to the appropriate Association or Associations. 1. Each of the Associations named above shall certify to the Board by October 1, in writing, the current rate of its membership dues. 2. Any Association which shall change the rate of its membership dues shall give the Board written notice prior to the effective date of such change. B. The Board agrees to deduct from members salaries money for local, county, state and/or national association services and programs as said members individually and voluntarily authorize the Board to deduct and to transmit the monies promptly to such Association or Associations. Any member may have such deductions discontinued at any time upon sixty (60) days written notice to the Board and the appropriate Association. C. Agency Shop If an employee does not become a member of the Association during any membership year (i e., from September 30 to the following August 31 which is covered in whole or in part by this Agreement), said employee will be required to pay a representation fee to the 16

18 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. 1. 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. 2. The Association will determine the representation fee in accordance with the law and shall be in an amount equivalent to the regular membership dues, initiation fees and assessments charged by the Association to its own members, less the cost of benefits financed through members, but in no event shall such representation fee exceed 85% of the regular membership dues, fees and assessments. If the law is changed in this regard, the amount of the representation fee automatically will be increased or decreased to the maximum allowed, and increase or decrease to become effective as of the beginning of the Association membership year immediately following the effective date of the change. 3. By September 30 of each membership year covered in whole or in part by this Agreement, the Association will submit to the Board a list of those teachers who have not become members of the Association for the then current membership year. The Board will deduct from the salaries of such teachers in accordance with Paragraph 4 below, the full amount of the representation fee and promptly will transmit the amount so deducted to the Association. 4. Payment of the representation fee shall be made to the bargaining representative during the term of the collective bargaining agreement, but in no case sooner than the 30th day following the beginning of an employee s employment in a position included in the negotiating unit, and the 10th day following reentry into the unit. (Reentry: employees who previously served in a position included in the unit who continued in the employ of the public employer in an excluded position and individuals being reemployed in such unit from a re-employment list.) 5. 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 pay check paid to said employee during the membership year in question. 6. Except as otherwise provided in this Article, the mechanics for the deduction of representation fees and the transmission of such fees to the Association will, as nearly as possible, be the same as those used for the deduction and transmission of regular membership dues to the Association. 7. The Association will notify the Board in writing of any changes, in the list provided for 17

19 in Paragraph 1 above and/or the amount of the representation fee, and such changes will be reflected in any deductions made more than 10 days after the Board received said notice. 8. 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 30 day period. The list will include names, job titles and dates of employment for all such employees. 9. The union shall indemnify and hold the employer harmless against any and all claims, demands, suits or 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 employer in conformance with this provision. ARTICLE X - MANAGEMENT RIGHTS Nothing contained herein shall be considered to deny or restrict the Board of its rights, responsibilities and authority under the laws of New Jersey, or any other national, state, county, district or local laws or regulations as they pertain to the operation of the schools. The Board reserves all rights and privileges not explicitly curtailed by this Agreement. In addition, nothing herein shall be considered to deny or restrict either the Association or individuals of their rights under law or regulation. ARTICLE XI - JOB SECURITY In the event the Board enters into a contract which will result in instructional or professional services being provided by any person or persons, organization, group or company other than properly certified persons employed by the Board, then the Board shall negotiate with the Association the impact of this contract on its current employees. 18

20 ARTICLE XII - DURATION OF AGREEMENT A. This Three Year Agreement shall be in effect as of July 1, 2009 and shall remain in effect until June 30, 2012, this agreement is subject to the right of the Board and the Association to negotiate for a modification of the agreement; if mutually agreed by both parties. B. 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 placed hereon, all on the day and year first above written. FOR THE ASSOCIATION: President FOR THE BOARD: President ATTEST: Secretary ATTEST: Secretary DATE DATE 19

21 TEACHER LANGUAGE 20

22 ARTICLE XIII - TEACHING HOURS AND TEACHING LOAD A. Length of School Day 1. The length of the teaching day shall be of a time necessary for professional employees to meet their responsibilities. 2. a. The length of the workday for professional staff shall be as follows: Elementary Teaching Staff (Pre-K 8) Six (6) hrs and forty-five (45) mins Middle School Teaching Staff Six (6) hrs and thirty-five (35) mins High School Teaching Staff Six (6) hrs and forty (40) mins (excluding counselors) Alternative School Teaching Staff Seven (7) hours b. In order to provide the District with flexibility regarding the start of the school day, the workday shall start as follows: Elementary Teaching Staff (Pre-K 8) Between: 8:00 AM and 8:30 AM Middle School Teaching Staff Between: 7:45 AM and 8:15 AM High School Teaching Staff Between: 7:45 AM and 8:15 AM The District shall notify the staff of any building no later than June 1 of the preceding year should the start time change. 3. Teachers shall be on duty fifteen (15) minutes before school begins and remain after the dismissal of their classes as the discharge of their professional responsibilities require. The fifteen minute duty period is included in the length of the workday. 4. As professionals, teachers are expected to devote to their assignment the time necessary to meet their responsibilities. Building-based teachers shall indicate their presence for duty by entering their time of arrival/departure in the appropriate column of the faculty sign-in roster. Teachers with intra-district responsibilities shall indicate their presence by recording their time of arrival and departure from each assignment on the sign-in roster. 5. When parent conferences are scheduled in the afternoon, teachers who have completed their conferences may leave. However, no teacher may leave earlier than the end of the normal work day. Teachers shall not be required to remain for such conferences later than 4:00 p.m. 6. There shall be no more than five (5) required evening meetings/conferences per school year. The meetings that are required shall be established at the beginning of each school year by the administrator and the representatives of the school staff, who shall be selected by the building teachers. 7. The parties agree to a total of three (3) faculty and/or professional meetings per month. The meetings shall not go beyond seventy-five (75) minutes from the end of the school day. The Building administrator has the discretion to hold two (2) meetings per month 21

23 which shall not exceed ninety (90) minutes from the end of the school day. For any month in which there is a ninety (90) minute meeting, there shall only be two meetings that month. B. Teaching Hours 1. a. A flex schedule shall be implemented at the high school which permits the scheduling of an additional before and after school period. Each such period shall be of the same duration as existing instructional periods. Administration shall, in its sole discretion, schedule the flex periods to accommodate educational needs. Teachers may volunteer for assignment to either period. Teacher preferences will be honored to the extent possible, but Administration reserves the right to make all final determinations based on its discretion. All such assignments shall not be subject to the grievance procedure. b. Any teacher who is assigned to a morning flex period shall be released one period earlier in the afternoon. Any teacher who is assigned to an afternoon flex period shall report one period later in the morning. Assignment to a flex schedule shall not increase or diminish normal workload requirements. 2. All secondary school teachers shall have at least one (1) regular class period of preparation time each school day during which time they shall not be assigned to other duties except in an emergency, when schedules are aligned by periods. 3. The time a special teacher is teaching a regular teacher s class shall be used by the regular teacher as preparation time. A teacher shall be guaranteed one preparation period per day. If an elementary teacher loses a preparation period, the teacher shall be compensated at one sixth (1/6) their daily rate of pay. All elementary special teachers shall receive a daily preparation period. They shall not be assigned additional classes. 4. In the event a classroom teacher is assigned to cover a class or part thereof he/she shall be compensated as per the following: a. For every six periods of coverage during preparation time, a secondary teacher will be compensated at the rate of one day s pay. Teachers will be asked to cover during lunch only in cases of emergency. b. For all other coverage, teachers will be compensated at the rate of a day s pay when total time accumulated equals two hundred twenty-five (225) minutes. (Other coverage is defined as: any time a teacher is required to provide substitute service for 5 or more students). C. Teaching Load 1. Reasonable duties assigned teachers in areas of their interest and competence over and beyond their teaching duties permitted during the normal school day shall be counted as part of their teaching responsibility. 2. Mentoring assignments shall be voluntary. 22

24 3. All secondary (grades 7-12) teachers shall teach no more than five (5) blocks in one year. In the event that teachers are assigned a sixth block, they shall be relieved of both homeroom and duty for each such day and receive an annual stipend of $2,750, pro-rated on a per diem basis for any partial assignment 2. This provision applies to academic and non-academic teachers currently employed. All new hires effective September 1 st, 2006 may be scheduled for 6 blocks-without stipend compensation. 4. All child study team specialists and counselors shall be required to remain on duty each day until at least 3:15 p.m. They shall receive no additional stipend for work performed beyond this time, effective July 1, However, notwithstanding the elimination of said stipend, all prior workload expectations shall remain in full force and effect. 5. Block scheduling arrangement in which current staff will work a three (3) - two (2) blocks or two (2) - three (3) block arrangement. All new staff as of July 1, 2006 may be assigned three (3) blocks per semester. However, if current staff is assigned more than a total of five (5) blocks in a school year, they shall be compensated at the contractually negotiated rate in Article VIC.3. All unit members shall be considered academic teachers. 6. The District shall provide all new staff hired after July 1 st, 2006 with a document to sign prior to signing a contract for the District, acknowledging their understanding of the twothree blocks or six blocks within a school year arrangement. A copy of such document shall be sent to the Association for all new hires. 7. Common Planning Time for all secondary teachers and Main Street (6-8) teachers will be provided two (2) common planning blocks per week and three (3) individual planning blocks per week. 8. All secondary and Main Street (6-8) teachers will be provided an opportunity to meet with parents/guardians and/or students during the regular school day. The regular school day schedule will be shortened to accommodate the Family Advocate period. The blocks of a school day, excluding lunch will be shortened to accommodate the Family Advocacy period. 9. Small Learning Communities will have a coordinator to: coordinate meetings, assist with agendas for professional development, common planning and Family Advocacy, as well as, assist in the implementation of the goals and objectives of each Small Learning Community. This non-supervisory position will be paid an annual stipend of $2, D. Term of Employment Teachers shall work 185 days per annum. Additionally, first-year teachers shall be available a week before school opens for orientation programs. E. Lunch Period 1. Grade Level and Other Teachers shall have a daily duty-free lunch period of at least thirty (30) minutes. 2. Nurses Nurses shall have a daily duty-free lunch period (30 minutes in the elementary 23