Employee Agreements

AGREEMENT

between the

HACKENSACK EDUCATION ASSOCIATION

and the

HACKENSACK BOARD OF EDUCATION

2006-2009

TABLE OF CONTENTS

ARTICLE DESCRIPTION PAGE

1 RECOGNITION 3

2 NEGOTIATIONS PROCEDURE 4

3 GRIEVANCES 5

4 TEACHER RIGHTS 10

5 ASSOCIATION RIGHTS 11

6 BOARD RIGHTS 12

7 SCHOOL CALENDAR & EMPLOYEE WORK YEAR 13

8 TEACHING HOURS 14

9 HOME INSTRUCTION 17

10 INSTRUCTIONAL RESOURCES & ENVIRONMENT 18

11 TEACHER-ADMINISTRATION COMMITTEES 19

12 SICK LEAVE 20

13 TEMPORARY LEAVES OF ABSENCE 21

14 EXTENDED LEAVES OF ABSENCE 22

15 REPRESENTATION FEE 25

16 INSURANCE 26

17 EMPLOYMENT: NON-TENURED TEACHERS 27

18 POSTING OF POSITION OPENINGS 29

19 METHOD OF SALARY PAYMENT 30

20 SUBSTITUTES 31

21 RESERVED 32

22 TRAVEL EXPENSE ALLOWANCE 33

23 PAST PRACTICES 34

24 MISCELLANEOUS PROVISIONS 35

25 SALARY GUIDES 36

26 TERMINAL LEAVE 37

27 DURATION OF AGREEMENT 38

APPENDIX

SCHEDULES A-O 39

ARTICLE 1 - RECOGNITION

A. In accordance with the provisions of the New Jersey Employer-Employee Relations Act (N.J.S.A. 34:13A), hereafter referred to as the Act, the Hackensack Board of Education, hereafter referred to as the Board, recognizes the Hackensack Education Association, hereafter referred to as the Association, as the exclusive representative designated for the purposes of collective negotiations by a majority of the non-supervisory certified teachers, para-educators and lunchroom assistants employed by the Board and excluding all secretaries, custodial employees, and all employees whose duties, all or in part, are of a supervisory nature within the meaning of the Act.

B. The term "teacher", as used above and hereafter, refers to all nonsupervisory professional personnel holding positions for which certification is required by law or Board policy.

ARTICLE 2 - NEGOTIATIONS PROCEDURE

A. The Board and the Association shall enter into collective negotiations on a successor agreement in accordance with the rules and regulations of the Public Employment Relations Commission (PERC).

B. Both parties shall exchange written proposals at the first negotiating meeting.

C. As soon after January 1 as a tentative budget is available for the succeeding school year, the Superintendent shall, upon request, conduct a conference with the negotiating committee of the Association for the purpose of discussing and making available that budget.

D. Board reserves to itself the final authority to review, accept, or reject any total tentative agreement reached by negotiating committees for the Board and the Association.

ARTICLE 3 - GRIEVANCES

A. A grievance shall be defined and subject to limitations as follows:

1. A grievance is an appeal by any member or members of the bargaining unit represented by the Association, or by the Association itself, based upon the interpretation, application, or violation of agreements, policies, or administration decisions affecting terms and conditions of employment.

2. The grievance procedure shall not be applicable to claims:

a. by nontenured teachers by reason of their not being re-employed;

b. by certified personnel occasioned by lack of appointment to, or retention in, any position for which tenure is either not possible or not required;

c. wherein a method of review is prescribed by law or by rule or regulation of the State Commissioner or State Board of Education.

3. A grievance, to be considered under this procedure, must be initiated, in writing, within twenty (20) school days from the time when the grievant would reasonably be expected to know of its occurrence.

B. The following procedures shall govern the processing of all grievances.

1. It is understood that while participating in these procedures the grievant shall continue to observe all assignments and applicable rules and regulations of the Board.

2. A grievance may be presented by the grievant or by a representative designated by the grievant. The Association may be represented at any level of the procedure in order to make known its position and the manner in which it believes the grievance should be resolved. The board may designate a representative to participate at any level of the procedure. A minority organization shall neither present nor process grievances.

3. Failure at any level of this procedure to communicate a written decision within the specified time limits permits the grievant to proceed to the next level. Failure at any level of the procedure to appeal to the next level within the specified time limits or failure to appear at a scheduled hearing without reasonable cause, explained in writing within two (2) days of the scheduled hearing, shall constitute acceptance of the decision rendered at the previous level. Time limits may, however, be extended by mutual agreement.

4. The order of appeals in processing a grievance is:

First Level - The Principal

Second Level - The Superintendent

Third Level - The Board

Fourth Level - Arbitration

except that for psychologists and social workers the order is:

First Level - Director of Special Services

Second Level - The Superintendent

Third Level - The Board

Fourth Level - Arbitration

5. All grievances shall be initiated at the first level by submitting a written grievance statement to the appropriate administrator. The grievance statement shall include: the name or names of the grievant(s); the nature of the grievance; the date of its occurrence; the sections or articles of the agreements or board policies, if any, claimed to have been violated; the manner in which these sections or articles were violated; the nature of the personal loss; and the remedy sought. It is understood that at any level of this procedure the grievance statement may be amended with regard to the citation of articles or sections of agreement or policies. Such amended statement shall require the Association to return the grievance to its initial level in order to permit consideration of the revision at each step of the procedure.

6. The administrator at the first level of appeal shall, upon receiving the grievance statement, advise the Association and the Superintendent of the grievance and its nature. He or she shall then hold a hearing at a time mutually agreed upon and shall communicate his or her decision, in writing, to the grievant and to the Association within five (5) school days of having received the written statement.

7. If the grievant decides to proceed to the second level of appeal, viz., the Superintendent, this must be done within five (5) school days of receiving the written decision from the first level administrator. The grievant may request review by the Superintendent by submitting to him or her the grievance statement submitted at the prior level and setting forth the reasons for dissatisfaction with the decision previously rendered. The Superintendent may hold a hearing at a time mutually agreed upon and shall communicate a written decision to the grievant and to the Association within eight (8) school days of his or her having received the request for review.

8. If the grievant decides to proceed to the third level of appeal, viz., the Board, this must be done within five (5) school days of receiving the written decision from the Superintendent. A request for review by the Board, setting forth the reasons for dissatisfaction with the Superintendent's decision, shall be submitted to the Board, in writing, through the Superintendent. The Superintendent shall attach all papers and related materials and forward the request to the Board. The Board shall hold a hearing at a time mutually agreed upon within twenty (20) school days of the Superintendent's receipt of request for review by the Board. The Board shall then communicate its decision, in writing, to the grievant and the Association within ten (10) school days after the hearing by the Board.

9. If the grievant decides to proceed to the fourth level of appeal, viz., arbitration, it must be done within five (5) school days of receiving the written decision from the Board. The grievant shall notify the Board, in writing, through the Superintendent, of the grievant's decision to submit the grievance to arbitration and shall request the Public Employment Relations Commission to submit a roster of persons qualified to function as arbitrators and willing to conduct hearings outside of school hours. Arbitration shall be conducted pursuant to applicable laws and statutes and the rules and regulations of the American Arbitration Association.

10. If the grievant and the Board are unable to determine a mutually satisfactory arbitrator from the submitted list within three (3) school days of receiving it, an arbitrator who is willing to conduct hearings outside of school hours shall be appointed by the Public Employment Relations Commission.

11. The arbitrator shall be limited to the evidence and arguments presented by the grievant, the grievant's representatives, the Association, the Association's representatives, the Board, and the Board's representatives and shall consider nothing else. The arbitrator shall neither add anything to, nor subtract anything from this agreement or any policy of the Board.

12. The findings and recommendations of the arbitrator shall be recommendatory or advisory only, except that they shall be final and binding on both parties when contract items are in issue.

13. Only the Board, its representatives, the Association, its representatives, the grievant and the grievant's representatives shall be given copies of the arbitrator's report of findings and recommendations, and it shall be given to each of these. This report shall be submitted by the arbitrator within fifteen (15) calendar days of the completion of hearings on the matter. This report shall be kept confidential and shall not be disclosed or released, directly or indirectly, in whole or in part, by the Board, the Association, the grievant, or by any of their representatives for a period of fifteen (15) calendar days after issuance of the report by the arbitrator.

14. The grievant and the Board, or their representatives, shall, within fifteen (15) calendar days, notify one another of their acceptance or rejection, in whole or in part, of the arbitrator's findings and recommendations.

15. The fees and expenses of the arbitrator shall be shared equally: one-half (1/2) being paid by the Board and one-half (1/2) being paid by the grievant. Each party shall bear the total of other costs it has incurred.

ARTICLE 4 - TEACHER RIGHTS

A. No employee shall be reduced in rank or compensation or otherwise deprived of any benefit under the terms of this Agreement without just cause.

Any contractual procedure agreed to by the parties herein to enforce said rights may not replace or be inconsistent with any alternative statutory appeal procedure nor may it provide for binding arbitration of disputes involving the discipline of employees with statutory protection under the tenure laws.

It is further understood that if disciplinary rights are further restored so as to negate the limitations contained in the immediately preceding paragraph, the rights contained in the initial paragraph shall be restored to the extent that those rights pre-existed.

B. No employee shall be coerced, discriminated against, or reprimanded by virtue of the exercise of his or her rights granted under law.

ARTICLE 5 - ASSOCIATION RIGHTS

A. Display of Association Material:

1. The Board will provide bulletin boards in the schools for the use of the Association. Location shall be determined by the Principal after receiving recommendations from the Association. Any dispute as to location can be made the subject of a grievance. Material placed on bulletin boards to which the public have access, shall be subject to the approval of the Principal or Superintendent, whose approval shall not be unreasonably withheld.

2. Bulletin boards will be provided as follows: one (1) board to a school with a faculty of thirty-five (35) teachers or less; two (2) boards to a school with a faculty of thirty-five (35) to seventy (70) teachers; and three (3) boards to a school with a faculty of seventy (70) teachers or more. In all schools at least one (1) board will be placed in each faculty lounge and reserved faculty eating area.

3. Eight (8) copies of the minutes of the official Board meeting shall be given to the President of the Association as soon as they are available.

B. Upon submission and approval of the "Application for Use of Public School Facilities" form, classroom and lunchroom assistants shall be granted by the Board, free of charge, a place to hold monthly meetings. Such approval shall not be unreasonably denied. The designated area shall be sufficiently large to accommodate the membership of the requesting body.

C. Association Meetings

The period following regular school sessions on each Monday is to be set aside and reserved for Association meetings, unless the Superintendent contacts the President of the Association and informs the Association President of circumstances which require a different school activity on a Monday, in which case the Association President may, at the Association President’s discretion, waive the above restriction.

ARTICLE 6 - BOARD RIGHTS

The Board reserves to itself sole jurisdiction over matters of policy and retains the right, subject only to the limitations imposed by the language of this Agreement, in accordance with applicable laws and regulations: (a) to direct employees of the school district; (b) to hire, promote, transfer, assign, and retain employees impositions in the school district, and to suspend, demote, discharge, or take other disciplinary action against employees; (c) to relieve employees from duty because of lack of work or for other reasons; (d) to maintain the efficiency of the school district operations entrusted to it; (e) to determine the methods, means, and personnel by which such operations are to be conducted; and (f) to take whatever actions may be necessary to carry out the mission of the school district.

ARTICLE 7 - SCHOOL CALENDAR AND EMPLOYEE WORK YEAR

A. A joint committee on school calendar shall be established and shall consist of two (2) representatives selected by the Executive Committee of the Association and two (2) representatives appointed by the Board. The non-voting chairperson of the committee shall be the Superintendent, or the Superintendent’s designee, making it a committee of five (5) members. The committee shall meet to consider and recommend to the Board a calendar for the ensuing year. The committee shall submit its recommendations to the Board prior to January 1 or as soon thereafter as the recommendations are completed.

B. The school calendar for the ensuring year, as determined in paragraph A, shall be published immediately following Board adoption.

C. The school calendar shall consist of one hundred eighty-four (184) days which includes the opening day conference. Three (3) days may be used at the discretion of the Board to compensate for emergency school closings or for establishing professional conference days, or both. Whenever one of these days is used as a professional conference day, teachers and para-educators shall report in order to engage in professional development and planning activities. Should any of the three (3) days for these purposes remain unused, the Board, at it discretion, may close schools a number of days equal to the number of unused days. It is understood that, should more than three (3) days be used for emergency closings, the spring recess may be affected.

D. New teachers to the Hackensack School District will be required to attend a maximum of three (3) days of orientation prior to the opening of school.

ARTICLE 8 - TEACHING HOURS

A. The length of the work day shall be equal for all teachers and para-educators in a given school as follows:

Elementary Schools (grades Pre-K through 6) 6 hours, 45 minutes

Middle School (grades 7 and 8) 7 hours

High School (grades 9 through 12) 7 hours

It is understood that at least twenty-five (25) minutes of the above mentioned time shall be reserved for periods before the entry of students and/or following their dismissal. On Fridays, all teachers and para-educators shall be permitted to leave five (5) minutes after the latest designated dismissal time for students.

B. Teachers and para-educators shall have a daily lunch period of at least 40 minutes free of assigned duties.

C. Teachers' schedules and assignments for the following school year shall be given to the teachers no later than June 30 of the current school year. If changes are made after June 30, the teachers shall be notified of the schedules, changes, or other circumstances as soon as possible after June 30.

D. The Superintendent may, at the Superintendent’s discretion, suspend after school activities in order to permit teachers to attend a general meeting of the Association.

E. Teachers shall receive preparation time in addition to their lunch period in accordance with the following schedule:

Elementary teachers except early childhood teachers shall receive a minimum of 200 minutes of preparation time per week. An effort shall be made to schedule preparation time on the basis of forty (40) consecutive minutes per day. Where possible, preparation time shall be scheduled for teachers of pre-kindergarten and kindergarten. Elementary teachers (grades Pre-K through 6) may have an academic issue meeting called during their preparation time, if needed, up to once a week per teacher for a maximum of twenty-eight (28) meeting per school year.

Middle School teachers shall receive a minimum of five (5) periods per week as preparation time. Efforts shall be made to schedule preparation time on the basis of one (1) period per day.

High School teachers shall receive a minimum of five (5) periods per week as preparation time. Efforts shall be made to schedule preparation time on the basis of one (1) period per day.

It shall be understood that all preparation time referred to above is time during which teachers shall not be assigned any other duties.

F. Para-educators receive a minimum of forty (40) minutes per day of unassigned time during which they shall not be assigned any duties.

G. Four (4) hour teaching sessions shall be established for all pre-kindergarten through 6th grade classes on the last four (4) days of school and for all 7^th and 8^th grade classes on the last two (2) days of school.

H. On Back-to-School Night for each school, that school shall have a 2:00 p.m. dismissal.

The existing five (5) day conference schedule of four (4) hour sessions for elementary schools and the Middle School will continue. On two of these days, teachers will leave at 12:30 p.m. and on two other full days of school return for evening parent conferences from 6:00 to 8:00 p.m.

The High School will follow a three (3) day conference schedule. On Wednesday and Thursday, school will end at 12:30 p.m. (four hour session) for students and staff. Teachers will return on both of these days for evening conferences from 6:30 p.m. to 9:00 p.m. On Friday, school will end at 12:30 p.m. (four hour session) for students and staff.

Each teacher and para-educator covered by this Agreement shall be required to attend up to two (2) faculty or other professional meetings per month. Such meetings shall be held on Tuesdays and begin no later than ten (10) minutes after student dismissal. These meetings shall run for no more than one hour and fifteen minutes. If additional time is needed students shall be dismissed early. There will be no additional compensation for these meetings. Exception to the provisions may be made only in cases of emergency that may arise to permit building principals to administer their schools properly.

New teachers to the Hackensack School District will be required to attend one additional faculty or other professional meeting a month for a total of three (3) as outlined above.

ARTICLE 9 - HOME INSTRUCTION

A. In September, the Department of Special Services shall notify all teachers that the list of home instruction teachers is being prepared for the current school year. Any teacher, including those teachers not regularly employed by the Board, may have the teacher’s name added to the list at any time by notifying the Department in writing. All home instruction assignments shall be made by the Department from the list.

B. Openings for home instruction assignments after school hours shall be posted, in each school, as they occur. Teachers whose names appear on the home instruction list may apply for these openings to the Department.

C. Openings for home instruction assignments during school hours do not require school postings, but will be filled by the Director of Special Services with teachers whose names are on the home instruction list.

ARTICLE 10 - INSTRUCTIONAL RESOURCES AND ENVIRONMENT

A. The Board shall provide smocks for art, home economics, and science teachers. Proper laundering service for these items shall be provided without charge to teacher.

B. Rooms suited to the duties of each teacher shall be assigned to the teacher in each school in which he or she teaches to permit the effective discharge of the teacher’s responsibilities.

C. Class sessions shall not be interrupted by announcements made over the public address system except when there exists:

a. conditions which affect the safety or well being of students or staff;

b. conditions which affect at least one-half the school population; or

c. a clear or present need as determined by an administrator.

Two-way public address systems shall be designed so as to eliminate any breach of privacy.

D. All textbooks and workbooks shall be available to teachers each school year by September 1.

E. In the elementary schools, the Board shall provide a central place where sample texts, workbooks, and other teaching materials are available for teachers' use.

ARTICLE 11 - TEACHER/ADMINISTRATION COMMITTEES

A. Building Liaison Committee

The Principal of each school building and the Association building representatives, to be selected by the Association teaching staff in each school, shall meet twice each school year, once in each semester, to discuss concerns of the school.

The number of representatives in each building shall be determined on the following basis: one (1) representative for each thirty-five (35) teachers represented by the Association in that building. In no case, however, shall the number of representatives meeting with the Principal be less than two (2) or more than five (5). The time and date for each meeting shall be mutually agreed upon by the Principal and the representatives.

B. Superintendent Level Liaison Committee

The Association President and the President’s designee shall meet with the Superintendent and the Superintendent’s designee, upon the request of the Association President, once in each semester to discuss concerns of the teaching staff. The time and date of each meeting shall be mutually agreed upon by the Superintendent and the Association President.

ARTICLE 12 - SICK LEAVE

A. All employees may be absent twelve (12) days per year, of which two (2) may be used for family illness, for personal illness without loss of pay. All unused days are to be accumulated from year to year. Additional sick leave may be granted at the discretion of the Board upon the recommendation of the Superintendent.

B. When requested by the Superintendent, a physician's certificate shall be submitted in the case of personal illness which extends beyond five (5) school days.

C. When an employee exhausts sick leave, the employee, at the discretion of the Superintendent, may be fully reduced in salary or reduced in salary for the cost of a fully certified substitute. When absence due to illness extends beyond six (6) months of the exhaustion of sick leave, a full deduction shall be made unless there is formal action by the Board to the contrary.

D. Whenever an employee is absent from the employee’s post of duty as a result of a personal injury caused by an accident arising out of and in the course of the employee’s employment, the employee’s employer shall pay to such employee the full salary or wages for the period of such absence for up to one calendar year without having such absence charged to the annual sick leave or the accumulated sick leave. Any amount of salary or wages paid or payable to the employee pursuant to this section shall be reduced by the amount of any workers' compensation award made for temporary disability.

ARTICLE 13 - TEMPORARY LEAVES OF ABSENCE

A. One (1) day of leave shall be granted each year for personal business, household, or family matters which require absence during school hours. Except in cases of emergency, application shall be made in writing to the Superintendent for such leave at least five (5) calendar days in advance. In cases of emergency, notification shall be presented as soon as possible. The applicant shall not be required to state the reasons for taking leave other than that he or she is taking it under this section. Leave days shall not be taken at the beginning or end of a recess period. Granting of leave shall be in accordance with the operational needs of the school system as defined by the Superintendent.

B. Unused personal leave days shall be accumulated to a total of three (3) for the purposes stated above. Unused leave days beyond three (3) shall be accumulated and added to accumulated sick leave in accordance with Article 12, Paragraph A.

C. Up to three (3) days’ leave per school year may be granted, with the approval of the Superintendent, or the Superintendent’s designee, for the purpose of visiting other schools or for attending meetings or conferences of an educational nature.

D. In the event of death in the immediate family five (5) days’ leave, exclusive of Saturdays, Sundays and legal holidays as defined in N.J.S.A. 36:1-1, shall be granted. The immediate family is defined to include the employee's spouse, parent, parent-in-law, child, sibling, and any other member of the immediate household. In the case of death in the immediate family for which absence extends beyond the five (5) days allowed, with pay, there shall be a deduction of one-half pay. The length of time of one-half pay deduction shall be recommended by the Superintendent and approved by the Board. In the event of the death of a relative defined as outside of the immediate family, one day of leave shall be granted, with pay.

E. Other temporary leaves of absence with full pay, with pay minus substitute's salary, or without pay, may be granted for good reason by the Board upon recommendation of the Superintendent.

ARTICLE 14 - EXTENDED LEAVES OF ABSENCE

A. The Board agrees that up to one (1) teacher designated by the Association may, upon request, be granted a leave of absence, without pay, for up to one (1) year for the purpose of engaging in activities of the Association, its affiliates, or any recognized professional improvement group.

B. A leave of absence, without pay, of up to two (2) years may be granted to any employee who: (a) joins the Peace Corps, VISTA, or National Teachers' Corps; (b) serves as an exchange or overseas teacher; or (c) accepts a Fulbright Scholarship.

C. Military leave without pay shall be granted to any employee who is inducted, or enlists following notification of induction, and may be granted to any employee who requests leave to enlist in any branch of the armed forces of the United States for the period of this induction or initial enlistment or to the spouse of any employee who is so inducted to join him or her for a period of special training in preparation for duty in combat zones.

D. The Board shall grant disability leave to any teacher, upon request, subject to the following stipulations:

1. Leave shall commence and terminate on dates selected by the teacher and have a maximum duration of two (2) years.

2. The teacher shall submit a request for leave, in writing, to the Superintendent stating the nature of the disability and the beginning and ending dates of leave.

3. Any teacher granted leave, without pay, in accordance with this section may elect to use all or part of the teacher’s accumulated sick leave during the period of leave, thus receiving full pay during that portion of leave. The teacher shall notify the Superintendent, in writing, that the teacher elects this option indicating the number of accumulated sick leave days to be used.

4. No teacher shall be required to leave the teacher’s duties because of a disability at any specific time prior to the disability nor be prevented from returning to the teacher’s duties solely on the grounds that there has not been a time lapse of specific duration between termination of the disability and the desired date of return.

5. The Board shall not remove any teacher from duties unless the teacher cannot produce a certificate from a physician stating that the teacher is medically able to continue teaching.

6. The Board shall not be obliged to grant or extend a leave of absence of any non-tenured employee beyond the end of the contract school year in which the leave is obtained.

7. When the disability is due to pregnancy the teacher may elect to continue to perform her duties in accordance with Sections 3 and 4 above. The period of such an absence will be deemed the same as that for any other physical disability and she will be entitled to her annual and accumulated sick leave, with pay, during the period of her absence.

E. The Board shall, upon request, grant leave without pay, for a maximum of two (2) years to any teacher who adopts a child. The leave shall commence upon the teacher's receiving de facto custody of the child or earlier, if necessary to fulfill the requirements of adoption. Such leaves shall be granted pursuant to Paragraph J, below.

F. The Board shall, upon request, grant leave without pay, for a maximum of two (2) years to any teacher for purposes of child rearing. The leave shall commence with the birth of the child. Such leaves shall be granted pursuant to Paragraph J, below.

G. A leave of absence, without pay, of up to one (1) year may be granted for the purpose of caring for a sick member of the employee's immediate family, as defined in Article 13, Paragraph D. Additional leave may be granted at the discretion of the Board.

H. The Board may grant leave of absence, without pay, to any employee to campaign for a candidate for public office or to campaign for, or serve in, public office.

I. Other leaves of absence, without pay, may be granted by the Board for good reason.

J. Any voluntary leave of absence which is unrelated to a disability and extends for more than fifteen (15) consecutive school days must terminate on either January 31 or June 30.

K. All benefits to which an employee was entitled at the time the leave commenced, including accumulated sick leave, shall be restored upon the employee’s return. The employee shall be assigned to a position, if available, comparable to the one held at the time leave commenced.

L. In accordance with the Federal Family and Medical Leave Act (FFMLA) and the New Jersey Family Leave Act (NJFLA), the Board of Education shall grant staff members up to twelve (12) weeks leave of absence in any twelve (12) month period upon advance notice to the district for the following circumstances: In order for such member to provide care made necessary by the birth of a child of the staff member: the placement of a child with the staff member in connection with the adoption of such child by the staff member; and the serious health condition of the staff member or the spouse, parent or child of the staff member.

When taking a leave covered by both federal and state laws, the leave runs concurrently.

Family leave shall be unpaid leave. Certification of a duly licensed health care provider shall be required verifying the purpose of the requested family leave.

ARTICLE 15 - REPRESENTATION FEE

A. If a member of the bargaining unit represented by the Association does not become a member of the Association during any membership year (i.e., from September 1 to the following August 31) which is covered in whole or in part by this Agreement, that bargaining unit member will be required to pay a representation fee to the Association for that membership year to offset the costs of services rendered by the Association as majority representative.

B. Prior to the beginning of each membership year, the Association will notify the Board, in writing, of the amount of the 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 equal to the maximum allowed by law.

C. The Board agrees to deduct from the salary of any member of the bargaining unit represented by the Association who is not a member of the Association for the current membership year the full amount of the representation fee set forth above and promptly to transmit the amount so deducted to the Association. The Board agrees to deduct the representation fee in equal installments, as nearly as possible, from the paychecks of those concerned during the remainder of the membership year in question. The deductions for a particular person will begin no longer than thirty (30) days after that person fills a bargaining unit position.

D. 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.

E. The Association agrees to indemnify and hold the Board harmless against any liability for damages and legal fees which may arise by reason of any action taken by the Board in complying with the provisions of this Article.

ARTICLE 16 - INSURANCE

A. The Board shall pay the full cost of health insurance premiums for individual employees and their dependents in accordance with the current provisions of the New Jersey State Health Benefits Program or coverage of equal terms or better.

B. The Board shall pay the full cost of dental insurance premiums for individual employees and their dependents in accordance with the current provisions of the Delta Dental Plan of New Jersey or coverage of equal terms or better.

ARTICLE 17 - EMPLOYMENT CONTRACTS: NON-TENURED TEACHERS

A. On or before May 15 of each year, the Superintendent shall notify any non-tenured teacher whose continued employment in the Hackensack Schools is in question. The purpose of this notification is to put affected non-tenured teachers on notice and to give them sufficient time to correct any alleged deficiencies. It shall be understood that the Superintendent's failure to notify a non-tenured teacher by May 15 shall not be considered prejudicial to the following procedures.

B. On or before May 15 of each year, the Board shall give to each non-tenured teacher continuously employed since the preceding September 30 either:

1. a written offer of a contract for employment for the next succeeding year providing for at least the same terms and conditions of employment but with such changes in salary and benefits as may be required by law or agreement between the Board and the Association, or

2. a written notice that employment shall not be offered.

C. Any non-tenured teacher who receives a notice of non-employment may, within fifteen (15) school days and in writing, request a statement of reasons for non-employment from the Superintendent, who shall give a written statement to the teacher within thirty (30) school days after receiving the request.

D. Any non-tenured teacher who has received a notice of non-employment and a statement of reasons shall be entitled to an informal appearance before the Board, provided a written request for such appearance is received by the Superintendent within ten (10) school days after receipt by the teacher of the statement of reasons.

E. The Board shall issue its written determination as to the employment or non-employment of the non-tenured teacher for the next succeeding school year within three (3) school days after the appearance of the teacher concerned before it.

F. Should the Board fail to comply with paragraphs B, C. D, or E of this Article within the time limits and in the manner provided, it shall be deemed to have offered to the non-tenured teacher continued employment for the next succeeding year providing for, at least, the same terms and conditions of employment , but with such changes in salary and benefits as may be required by law or this Agreement.

G. If the teacher desires to accept such employment, he or she shall make reasonable efforts to notify the Board of acceptance, in writing, within two (2) weeks of this offer of employment, but not later than June 1. In default of this notice, the Board shall not be required to continue the employment of the teacher.

H. Any non-tenured teacher who receives a notice at any time that the teacher’s employment shall be terminated shall be entitled to a statement of reasons, an appearance before the Board, and all other procedural steps set forth in this Article.

I. If the teacher presents a written request, a representative may be present at all meetings provided for in this Article. In the event that the teacher does not select an Association representative, the Association shall have the right to have a representative present and state its views at these meetings.

ARTICLE 18 - POSTING OF POSITION OPENINGS

A. All openings for positions paying extra compensation and all openings for administrative and supervisory positions shall be posted by the Superintendent in accordance with the procedures indicated in Paragraph B of this Article.

B. Notice of all position openings shall be posted for at least ten (10) days prior to the final date for submission of applications. The notice shall be posted in each school and a copy sent to the Association. A reasonable effort shall be made to forward a copy of the posting to any staff member who is absent during the posting period due to extended illness or leave status. The notice shall include the final date for the submission of applications, the date by which applicants shall be notified as to their acceptance or rejection, the qualifications and the duties of the position, and the rate of compensation. In the event that any revision is made in the provisions of this notice, a new notice shall be posted for at least ten (10) days. During this time, additional applications shall be accepted. Each applicant shall receive acknowledgment of the receipt of the applicant’s application stating the date the application was received.

C. All subcontracted educational services proposed to be supplied by a private organization shall be posted for at least ten (10) days prior to entering into an agreement with such an organization. The posting shall provide a description of the educational services and facilities, if any, to be provided. Members of the Association bargaining unit shall have the opportunity to bid competitively for the proposed contract. Such proposals shall be submitted in writing within the ten (10) day posting period.

ARTICLE 19 - METHOD OF SALARY PAYMENT

A. Salary checks of employees shall be distributed semi-monthly on an optional ten (10) or twelve (12) month basis and shall be issued on the fifteenth and last school day of each month. When the fifteenth is not a school day, payment shall be made on the last school day preceding the fifteenth.

B. Upon application with Great Alliance Federal Credit Union, payroll deduction for the twelve (12) month plan shall be provided.

ARTICLE 20 - SUBSTITUTES

The Board agrees to maintain a list of substitutes. The Board agrees to employ persons from this list, when available, including substitutes for specialists with classroom responsibilities.

ARTICLE 21 – RESERVED

ARTICLE 22 - TRAVEL EXPENSE ALLOWANCE

A. Personnel who are regularly required to service two (2) or more buildings on any one (1) day shall receive a travel expense allowance according to the following schedule:

Number of Buildings Monthly Payments

2 $ 7.20

3 $13.20

4 $18.00

5 $25.20

6 or more $31.20

The determination of the number of buildings each employee must service regularly shall be made by the Business Administrator.

B. All other travel compensation as authorized by the Superintendent, or the Superintendent’s designee, shall be at the rate in effect on July 1 of the contract year, set by the Internal Revenue Service for deductible reimbursement of business mileage.

ARTICLE 23 - PAST PRACTICES

All terms and conditions of employment applicable on the effective date of this Agreement, except as otherwise provided for herein, shall continue.

ARTICLE 24 - MISCELLANEOUS PROVISIONS

A. Any notice required to be given by the parties pursuant to the terms of this Agreement shall be in writing and addressed as follows:

1. if by the Association, then to the Superintendent of Schools, or

2. if by the Board, then to the Association, in care of its President.

B. Any individual contract between the Board and an employee shall be subject to, and consistent with the terms of this Agreement.

C. If any terms of this Agreement are found to be in violation of any law, the remaining terms of this Agreement shall remain in force and effect.

ARTICLE 25 - SALARY GUIDES

The guides referred to are specifically set forth in Schedules A through 0, appended.

ARTICLE 26 - TERMINAL LEAVE

A. Terminal leave compensation, utilizing the following formula, shall be provided for teachers and para-educators who terminate their services in the district. Teachers shall receive fifty-five ($55.00) in 2006-09, for each day beyond twenty (20), of unused, accumulated sick leave. Full-time para-educators shall receive forty ($40.00) in 2006-09 for each day beyond twenty (20) days of unused, accumulated sick leave.

B. To be eligible for payment of all sick leave days accumulated, teachers and para-educators must notify the Board of Education, in writing, by January 1^st of their intention to retire July 1^st.

ARTICLE 27 - DURATION OF AGREEMENT

This Agreement shall commence July 1, 2006 and terminate June 30, 2009, unless both parties agree, in writing, to an extension.

IN WITNESS WHEREOF, the parties hereunto set their hands and seals this

18^th day of July, 2006.

HACKENSACK BOARD OF HACKENSACK EDUCATION

EDUCATION ASSOCIATION

_________________________ ______________________________

Frank Albolino, President Frances Borg, President

_________________________ ______________________________

Francis E. Seery, Board Louis Ferrante, Negotiations Chair

Secretary

APPENDIX

Schedules A-O

A. Teacher Salary Guide 2006-2007

B. Teacher Salary Guide 2007-2008

C. Teacher Salary Guide 2008-2009

D. Para-educator 2006-2007

E. Para-educator 2007-2008

F. Para-educator 2008-2009

G. Lunchroom Assistants -

2006-2007 $17.21 per hour

2007-2008 $17.95 per hour

2008-2009 $18.72 per hour

H. Compensation for teachers performing home instruction and/or other additional employment throughout the year, other then instructional summer school, shall be at the rate of $45.27 per hour during 2006-2007; $47.22 per hour during 2007-2008; and $49.25 per hour during 2008-2009.

I. Compensation for teaching positions in summer programs shall be at the rate of seven percent (7%) of the teacher's base annual salary, for one hundred thirty-five (135) hours of employment. Compensation for employment of lesser or greater duration shall be prorated accordingly.

J. Compensation for para-educators employed in programs shall be at the rate of $18.57 per hour during 2006-2007; $19.55 per hour during 2007-2008; and $20.59 per hour during 2008-2009.

K. Compensation for staff members employed to conduct intramural activities shall be at the rate of $38.61 per hour during 2006-2007; $40.27 per hour during 2007-2008; and $42.00 per hour during 2008-2009.

L. Compensation of $21.69 per forty (40) minutes shall be paid to teachers who cover a class in place of a preparation period or lunch period. It is understood that only teachers who have volunteered for these assignments will be so assigned and that this will be done only in the event that it has been impossible to provide a substitute teacher.

M. Compensation of $21.69 shall be paid to teachers who supervise an elementary school lunch period.

N. Psychologists and special education teachers appointed prior to June 30, 1978 shall receive $1,084.62 and $379.62 in extra compensation, respectively. Psychologists and special education teachers appointed after June 30, 1978 shall not receive extra compensation.

O. For assignments listed below, compensation shall be paid in accordance with the following factors applied to a base of $48,188 for 2006-2007; $50,260 for 2007-2008; and $52,421 for 2008-2009.

1. High School Activities and Clubs Factor

Educational TV and Media .063

Audiovisual .063

Fall Cheerleaders .062

Winter Cheerleaders .062

Freshman Class Advisor .022

Sophomore Class Advisor .022

Junior Class Advisor .035

Senior Class Advisors (2) .052

Literary Magazine .034

National Honor Society .051

Newspaper .063

School Play Director .060

School Play Musical Director .044

School Play Set Design/Construction .026

School Play Producer .044

School Play House Manager .015

School Play Choreographer .026

Student Council .046

Scholarship Coordinator .072

Yearbook .091

Marching Band .080

Asst. Marching Band (Comettes) .062

Academic Decathlon Coach .072

F.B.L.A. Advisor .051

Interact Club .051

2. Middle/High School Administration

Dean of Students (HS/MS) .105

3. Middle School Activities and Clubs

Yearbook .060

Literary Magazine .022

Chorus .029

Newspaper .034

Dramatics .033

Educational TV & Media .052

Junior Honor Society .029

Student Council .017

4. Middle School Camp

Director .071

Teachers (per week) .013

Nurse (per week) .020

5. Miscellaneous

DI Coaches .067

Public Relations Officer .024

6. Athletic Coaches

Head coaches shall be compensated in accordance with the following factors. Assistant coaches shall be compensated at sixty-five percent (65%) of the rate for head coaches. A head coach for both boys' and girls' varsity teams of the same sport, simultaneously, shall be compensated at 1.5 times the head coach's rate. Coaches with county certificates shall be compensated at .95 times the head coach's rate.

FACTORS

Step 1 Step 2 Step 3

Track Coordinator .481 .520 .562

(Acts as Head Coach for Boys and Girls Cross Country, Boys and Girls Winter Track and Boys and Girls Spring Track.)

Football .190 .222 .240

Basketball .167 .176 .190

Wrestling

Baseball .154 .161 .167

Softball

Soccer

Spring Track

Cross Country .130 .141 .154

Volleyball

Tennis

Field Hockey

Ice Hockey

Winter Track

Swimming

Bowling .103 .111 .120

Golf

Middle School Teams .034 .037 .040

	TEACHER SALARY GUIDE		SCHEDULE A		2006-07

	COL 1	COL 2	COL 3	COL 4	COL 5	COL 6

STEP	BA	BA+16	MA/BA+32	MA+15	MA+30	DOCTORATE

# 1	44756	46756	50756	53456	59756	64756
# 2	46106	48106	52106	54806	61106	66106
# 3	47456	49456	53456	56156	62456	67456
# 4	48806	50806	54806	57506	63806	68806
# 5	50126	52126	56126	58826	65126	70126
# 6	51476	53476	57476	60176	66476	71476
# 7	52826	54826	58826	61526	67826	72826
# 8	54126	56126	60126	62826	69126	74126
# 9	55626	57626	61626	64326	70626	75626
# 10	57406	59406	64523	66456	74751	78522
# 11	60196	62196	69951	70997	80486	84360
# 12	64126	66826	74521	76296	85916	89790
# 13	69056	72256	80451	82726	92346	96220
# 14	74986	78686	87381	90156	99776	103650

	TEACHER SALARY GUIDE		SCHEDULE B		2007-08
	COL 1	COL 2	COL 3	COL 4	COL 5	COL 6

STEP	BA	BA+16	MA/BA+32	MA+15	MA+30	DOCTORATE

# 1	45908	48008	52908	55678	62508	69053
# 2	47108	49208	54108	56878	63708	70253
# 3	48308	50408	55308	58078	64908	71453
# 4	49508	51608	56508	59278	66108	72653
# 5	50708	52808	57708	60478	67308	73853
# 6	52106	54206	59106	61876	68706	75251
# 7	53566	55666	60566	63336	70166	76711
# 8	55076	57176	62076	64846	71676	78221
# 9	56636	58736	63363	66406	73236	79781
# 10	58486	60586	65486	68256	75086	81631
# 11	61236	63336	69591	71006	80486	84381
# 12	65186	67886	75766	78726	85946	90231
# 13	70336	73536	81916	84876	95096	98381
# 14	76686	80386	89266	92226	101846	105731

	TEACHER SALARY GUIDE		SCHEDULE C		2008-09

	COL 1	COL 2	COL 3	COL 4	COL 5	COL 6

STEP	BA	BA+16	MA/BA+32	MA+15	MA+30	DOCTORATE

# 1	46537	48837	54037	56537	64067	70993
# 2	47737	50037	55237	57737	65276	72193
# 3	48937	51237	56437	58937	66467	73393
# 4	50137	52437	57637	60137	67667	74593
# 5	51337	53637	58837	61337	68867	75793
# 6	52537	54837	60037	62537	70067	76993
# 7	53931	56231	61431	63931	71461	78387
# 8	55401	57701	62901	65401	72931	79857
# 9	57166	59466	64666	67166	74696	81622
# 10	59306	61606	66806	69306	76836	83762
# 11	62326	64626	69826	72326	80486	86782
# 12	66546	68846	78546	80546	91076	95002
# 13	71966	75166	84231	87376	96996	100922
# 14	78386	82086	91151	94296	103916	107842

	PARA-EDUCATORS		2006-07
		SCHEDULE	D

		ASSOCIATE	BA DEGREE
STEP	COLUMN 1	COLUMN 2	COLUMN 3

# 1	24,690	26,335	27,980
# 2	25,440	27,085	28,730
# 3	26,240	27,885	29,530
# 4	27,240	28,885	30,530
# 5	28,284	29,982	31,630

	PARA-EDUCATORS		2007-2008
		SCHEDULE	E

		ASSOCIATE	BA DEGREE
STEP	COLUMN 1	COLUMN 2	COLUMN 3

# 1	26,055	27,910	29,765
# 2	26,805	28,660	30,515
# 3	27,605	29,460	31,315
# 4	28,421	31,310	32,165
# 5	29,420	31,410	33,265

	PARA-EDUCATORS		2008-2009
		SCHEDULE	F

		ASSOCIATE	BA DEGREE
STEP	COLUMN 1	COLUMN 2	COLUMN 3

# 1	27,591	29,591	31,591
# 2	28,341	30,341	32,341
# 3	29,141	31,141	33,141
# 4	29,991	31,991	33,991
# 5	30,696	32,856	34,855