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AGREEMENT

BETWEEN

NEW BRUNSWICK BOARD OF EDUCATION

AND

NEW BRUNSWICK EDUCATION ASSOCIATION

2012 - 2014

City of New Brunswick, New Jersey

County of Middlesex

TABLE OF CONTENTS

PREAMBLE 1

WITNESSETH 1

I. Recognition 1

II. Negotiation of Successor Agreement 1

III. Grievance Procedure 2

IV. Employee Rights 6

V. Association Rights and Privileges 7

VI. School Calendar 8

VII. Employee Hours 9

VIII. Class Size 15

IX. Non-Teaching Duties 15

X. Employment 15

XI. Salaries 18

XII. Assignments 20

XIII. Procedure for Transfers 21

XIV. Promotions 22

XV. Observation/Evaluation 22

XVI. Employment Facilities 26

XVII. Employment Administration Liaison 26

XVIII. Sick Leave 26

XIX. Temporary Leaves of Absence 28

XX. Extended Leaves of Absence 31

XXI. Sabbatical Leave Policy 35

XXII. Professional Development, Tuition Reimbursement and Educational

Improvement 38

XXIII. Substitutes 41

XXIV. Protection of Employees, Students and Property 41

XXV. Summer Employment 42

XXVI. Insurance Protection 43

XXVII. Books and Other Instructional Materials and Supplies 45

XXVIII. Deductions from Salary 45

XXIX. Representation Fee 46

XXX. Uniforms and Licensure 48

XXXI. Supervision of Student and/or Intern Teachers 48

XXXII. Personal and Academic Freedom 50

XXXIII. Complaint Procedure for Employees 50

XXXIV. Procedure for Withholding Employment or Adjustment Increment 50

XXXV. Maintenance of Classroom Control and Discipline 51

XXXVI. Coaches 51

XXXVII. Duration of Agreement 52

Schedule A Certificated 53

Schedule B Building Employees/Central Receiving /Maintenance 54

Schedule C Secretarial/Accounting Secretary 55

Schedule D Security Officers 56

Schedule E Paraprofessionals 57

Schedule F Community Agents 58

Schedule G Drop Out Prevention Officers/Family Liaison 59

Schedule H IT Support Specialists 60

Schedule I Application Specialists 61

Schedule J Play It Smart Academic Coach 62

Schedule K Nurse Floater 63

Schedule L Coaches 64

Schedule M Extra Curricular Activities 66

Schedule N Elementary Extra Curricular Activities 67

Schedule O Miscellaneous Stipends 68

Schedule P Longevity 69

Schedule Q Elementary, Middle & High School Schedule 70

Schedule R Medical Benefits 71

Schedule S Prescription Benefits 72

Schedule T Dental Coverage 73

Index 74

PREAMBLE

This Agreement entered into this 1st day of July 2012 by and between the Board of Education of

New Brunswick, the City of New Brunswick, New Jersey hereinafter called the "Board," and the

New Brunswick Education Association, hereinafter called the "Association."

WITNESSETH

WHEREAS, the Board has an obligation, pursuant to the N.J.S.A.

34:13A-1, et seq., to negotiate

with the Association as the representative of employees hereinafter designated with respect to

terms and conditions of employment, and

WHEREAS, the parties have reached certain understandings which they desire to confirm in this

Agreement,

In consideration of the following mutual covenants, it is hereby agreed as follows:

Article I

RECOGNITION

A. The Board recognizes the Association as the exclusive and sole representative for

collective negotiation concerning the terms and conditions of employment for all

personnel employed or on leave by the Board, but excluding: Supervisory and Executive

Personnel, Confidential Secretaries, (Superintendent, Assistant Superintendent, Assistant

Superintendent for Personnel and the Board Secretary's Secretary), Business Office

Manager and Cafeteria employees.

B. Unless otherwise indicated, the term "employee" when used hereinafter in this Agreement

shall refer to all personnel represented by the Association in the negotiating unit as

defined above.

C. Unless otherwise indicated, the term "teacher" when used hereinafter in this Agreement

shall refer only to certificated personnel, including the position of technology teacher.

D. Any individual contract between the Board and an individual employee heretofore or

hereafter executed shall be subject to and consistent with the terms and conditions of this

Agreement. This Agreement during its duration shall be controlling.

Article II

NEGOTIATION OF SUCCESSOR AGREEMENT

A. The parties agree to enter into collective negotiations over a successor Agreement in

accordance with N.J.S.A.

34:13A-1, et seq. of the State of New Jersey in a good-faith

effort to reach agreement on all matters concerning the terms and conditions of

employment.

Any Agreement so negotiated shall apply to all employees, be reduced to writing, be

signed by the Board and Association, and be adopted by the Association and the Board.

B. The Board agrees not to negotiate concerning said employees in the negotiating unit as

defined in ARTICLE I of this Agreement with any organization or individuals other than

the Association.

C. This Agreement shall not be modified in whole or in part by the parties except by an

instrument in writing duly executed by signatories to the contract.

D. Representatives of the Board and the Association shall meet, upon the request of either

party, for the purpose of reviewing the administration of the Agreement. All meetings

between the parties shall be regularly scheduled whenever possible.

E. This Agreement represents and incorporates the completed and final understanding and

settlement by the parties of all bargain able issues which were or could have been the

subject of negotiations. During the terms of this Agreement, neither party will be

required to negotiate with respect to any matter that was within the knowledge or

contemplation of either or both of the parties at the time they negotiated or signed this

Agreement.

F. Two thousand two hundred (2,200) copies of this Agreement shall be printed at the equal

expense of the parties after the agreement with the Association on the format. The parties

will make every effort to see that these copies are delivered to the NBEA within 60 days

of agreement of both parties to send the final copy to the printer no later than 90 days

after ratification.

G. 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 to the following addresses:

1. If by the Association, to Board at 268 Baldwin Street.

2. If by the Board, to Association at 83 Morris St. Suite 4.

Article III

GRIEVANCE PROCEDURE

A. Definition

1. A grievance is a claim by an employee or the Association based upon the

interpretation, application or violation of this Agreement, policies or

administrative decisions affecting the terms and conditions of employment of an

employee or group of employees or the Association.

2. An "aggrieved person" is the person or persons making the claim.

B. Purpose

The purpose of this procedure is to secure equitable solutions to problems affecting

employees, the terms and conditions of employment.

C. Conditions

1. A grievance to be considered under this procedure must be initiated by the

aggrieved within thirty calendar days from the date when the grievant would be

reasonably expected to know of its occurrence or thirty calendar days after the

grievant would be reasonably expected to know of its occurrence.

2. In the event a grievance is filed, at such time that it cannot be processed through

all the steps in this grievance procedure, by the end of the school year and, if left

unresolved until the beginning of the following school year, could result in

irreparable harm to the aggrieved, time limits set forth herein shall be reduced so

that the grievance procedure will be exhausted prior to the end of the year or as

soon thereafter as is practicable.

3. Failure to process a grievance to the next step of the procedure within the

specified time limits shall be deemed to be acceptance of the decision rendered at

that step.

4. Failure to communicate the decision in writing on a grievance within the

specified time limits shall permit the aggrieved to proceed to the next step.

D. Procedure

1. Level One

An employee with a grievance shall first discuss it with the principal or

immediate supervisor, either directly or with the Association's designated

representative, with the objective of resolving the matter informally.

All meetings past Level One in which the aggrieved is involved may include a

representative designated by the Association.

2. Level Two

If the aggrieved person is not satisfied with the disposition of the grievance at

Level One, or if no decision has been rendered within five (5) school days after

the presentation of the grievance, the aggrieved may file the grievance in writing

with the person or persons designated by the Association. This written grievance

shall be referred to the Superintendent or the Superintendent's designated

representative within ten (10) school days after the initial representation or within

five (5) school days after the decision is rendered.

The Superintendent or the designated representative of the Superintendent shall

render a decision in ten (10) school days to the Association and to the aggrieved

person. The Superintendent's decision shall be in writing.

3. Level Three

If the aggrieved person is not satisfied with the written disposition of the

grievance at Level Two, or if no written disposition has been rendered within ten

(10) school days after the grievance was delivered to the Superintendent, the

aggrieved may, within ten (10) school days after a decision by the

Superintendent, or fifteen (15) school days after the grievance was delivered to

the Superintendent, whichever is sooner, appeal this grievance in writing to the

Board of Education through the person(s) designated by the Association. The

Board will, within thirty (30) calendar days, conduct a hearing or render a

decision. If a hearing is held, the Board will render a decision within fifteen (15)

calendar days after the hearing and notify the aggrieved person(s) and the

Association in writing.

4. Level Four

a. If the aggrieved person is not satisfied with the written decision of the

grievance at Level Three, the aggrieved may request in writing that the

Association submit the grievance to arbitration whether binding or

advisory. If the Association determines that the grievance is meritorious,

it may submit the grievance to arbitration within fifteen (15) days after

receipt of the Board's written decision (from Level Three).

b. Within ten (10) days after such written notice of submission to

arbitration, the Board and the person(s) designated by the Association

shall attempt to agree upon a mutually acceptable arbitrator and shall

obtain a commitment from said arbitrator to serve. If the parties are

unable to agree upon an arbitrator to serve or to obtain such a

commitment within the specified period, either party may make a request

for a list of arbitrators to the Public Employment Relations Commission.

The rules and procedures shall then bind the parties of the Public

Employment Relations Commission in the selection of an arbitrator.

c. 1. The arbitrator so selected shall confer with the representatives of

the Board and the representatives of the Association, hold

hearings promptly and issue a decision not later than twenty (20)

days from the date of the close of the hearings or if oral hearings

have been waived then from the date the final statements and

proofs on the issues were submitted. The arbitrator's decision

shall be in writing and shall set forth the findings of fact,

reasoning, and conclusions on the issues submitted. The

arbitrator shall be without power or authority to make any

decision, which requires the commission of an act, prohibited by

law or which is violative of the terms of this Agreement. The

decision of the arbitrator shall be final and binding on the parties

in all matters concerning interpretation, application, or alleged

violation of the agreement, including grievances arising out of

minor disciplinary actions, except for that language under the

articles concerning transfers, assignments and promotions, which

shall be subject to advisory arbitration. The decision of the

arbitrator shall be advisory on all other grievance matters.

d. 2. In addition, the Board's decision shall be final and binding on

grievances concerning:

(i) Any matter for which a specific method of review is

prescribed and expressly set forth by law, or any rule or

regulation of the State Commissioner of Education, or

(ii) A complaint of a non-tenure employee which arises by

reason of the employee not being reemployed, or

(iii) A complaint by any certificated personnel occasioned by

appointment to or lack of appointment to, retention in or

lack of retention in, any position for which tenure either

is not possible or not required, or

(iv) Any matter which according to law is either beyond the

scope of the Board's authority or limited to unilateral

action by the Board alone.

E. The costs for the services of the arbitrator, including per diem and expenses, if any, and

actual and necessary travel, subsistence expenses, and the cost of the hearing room shall

be born equally by the Board and the Association. Any other expenses incurred shall be

paid by the party incurring same.

F. Rights of Employees to Representation

The aggrieved may be represented at all stages of the grievance procedure by the grievant

personally, by a representative of the grievant own choosing approved by the Association

or by a representative selected by the Association.

G. Rights of the Association

1. 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 any member of the

administration against any aggrieved person, any Association representative,

witness or member, or any other participant in the grievance procedure by reason

of such participation.

H. Miscellaneous

1. If, in the judgment of the Association, a grievance affects a group or class of

employees, the Association may submit such grievance in writing to the

Superintendent directly and the processing of such grievance shall be

commenced at Level Two.

2. The Association may process any grievance through all levels of the grievance

procedure even though the aggrieved person does not wish to do so.

3. Decisions rendered at Level One which are unsatisfactory to the aggrieved

person and all decisions rendered at Level Two, Three, and Four of the grievance

procedure shall be in writing, setting forth the decision and the reasons therefore

and shall be transmitted promptly to all parties in interest and to the person(s)

designated by the Association. Decisions rendered at Level Four shall be in

accordance with the procedures set forth in Section D-4 of this Article.

4. All documents, communications and records dealing with the processing of a

grievance shall be filed in a separate grievance file and shall not be kept in the

personnel file of any of the participants.

5. All meetings, hearings, and investigations under this procedure shall be

accomplished without interference with the operation of the school system after

school hours and shall be considered private.

6. Time limits may be extended at Level Two, Three, and Four by mutual consent

of both parties. The extension may be for a specified length of time or an

indefinite period.

7. It is understood that all employees, including the grievant, shall during and

notwithstanding the pendency of any grievance, continue to observe all directives

and assignments and applicable rules and regulations of the Board and its

administrators until such grievance and any effect thereof shall have been fully

resolved.

Article IV

EMPLOYEE RIGHTS

A. Pursuant to N.J.S.A.

34:13A-1 et seq., the Board hereby agrees that every employee of

the Board covered by this Agreement shall have the right freely to organize, join and

support the Association and its affiliates for the purpose of engaging in collective

negotiation. As a duly selected body exercising governmental power under the laws of

the State of New Jersey, the Board undertakes and agrees that it shall not directly or

indirectly discourage, deprive or coerce any employee in the enjoyment of any rights

conferred by N.J.S.A.

34:13A-1, et seq., that it shall not discriminate against by reason of

the employee membership in the Association and its affiliates in respect to hours, wages,

or any terms or conditions of employment, his/her participation in any activities of the

Association and its affiliates, collective negotiations with the Board, or his/her institution

of any grievance, complaints, or proceeding under this Agreement or otherwise agree

with respect to any terms or conditions of employment.

B. No employee shall be disciplined without just cause.

C. 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 the employees or in the application or administration of this Agreement on the basis of

race, creed, color, religion, national origin, sex, domicile, marital status, or sexual

orientation.

Any employee who believes that he/she has been discriminated against shall file a

grievance pursuant to Article III, grievance procedure, or, in the sole discretion of the

employee, to the Board’s Affirmative Action Officer.

D. 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 not be deemed valid and subsisting, except to the extent permitted by law, but all

other provisions or application shall continue in full force and effect.

E. Whenever any employee is required to appear before the Superintendent or the Board, or

a Board Committee or member thereof, concerning any matter which could adversely

affect the continuation of that employee in his/her office, position, or employment, or the

salary or any increments pertaining thereto, then the employee shall be given written

notice of the reasons for such meeting or interview and shall be entitled to have a

representative of the employee's own choosing. This language shall in no way restrict or

limit the Board or Superintendent from holding meetings or discussions with employees.

F. Student grades shall be initially determined by the teacher upon his/her professional

judgment within the grading policy of the New Brunswick Public School District. In

cases where a student's grade is requested to be changed, the principal will first discuss

the change of grade with the teacher. If the grade is changed, the teacher may make a

report in writing to the principal. Upon receipt of this report by the principal, the

principal will countersign the report, one copy will be returned to the teacher, and one

copy will be placed in the student's file.

G. Any teacher desiring to be observed by an outside professional for the purpose of

securing a position in another school district shall be granted that right.

H. No employee shall be required to work in any building or part thereof that is unsafe or

contains conditions deleterious to health.

No employee shall be obliged to work in an unattended building or in such isolated areas

as to jeopardize their safety. No employee shall be required to enter or remain in any

building where materials and/or conditions are hazardous to her/his health as determined

by state and local health officials.

Article V

ASSOCIATION RIGHTS AND PRIVILEGES

A. 1. The Board agrees to furnish to the Association, in response to reasonable

requests from time-to-time all information in the public domain.

2. The official Board minutes from the previous month's meeting will be provided

to the Association within one week of their approval by the Board of Education.

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,

conference or meetings, the employees shall suffer no loss in pay or loss of accumulated

sick leave and personal leave days.

C. Representatives of the Association, Middlesex County Education 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 prior notice shall be given to the Superintendent who shall approve provided

that this shall not interfere with or interrupt normal school operations.

D. The Association and its representatives shall be allowed the use of buildings at

reasonable hours, Saturdays and Sundays excluded. However, if such usage or usage at

unusual hours requires the payment of incidental expenses, such incidental expenses shall

be borne by the Association.

E. The Board agrees to grant a paid leave of absence to the President of the Association for

the purpose of performing duties for the Association and to include, but not limited to,

Local Professional Development Committee responsibilities. For the first year of said

leave of absence, the newly elected President shall be paid their full salary on a ten month

schedule and shall continue to accrue service in New Brunswick. The Board shall

provide one half of the yearly salary and full benefits including health benefits for the

President of the Association. The Association will reimburse the Board for its share of

the salary on February 1, and June 30. Beginning in the President’s second year in

office and every year thereafter that he/she maintains that office, he/she shall receive all

such benefits listed above, as well as, prorated salary for the month of July. At that time

the salary shall be paid on a twelve month schedule.

F. The Association shall have in each school building the exclusive use of a bulletin board

in each faculty lounge.

G. The Association shall have the right to use the school mailboxes and interschool mail.

H. The Association shall have the right and responsibility subject to Board agreement, for

conducting two workshops as provided for in the calendar during the school year. Such

agreement shall not be unreasonably withheld. All personnel are required to attend.

I. The Association representative in each building or unit shall be given the opportunity to

make announcements or reports during each regularly scheduled meeting.

Article VI

SCHOOL CALENDAR

A. Every effort will be made to consult with the Association regarding the calendar not less

than two (2) months prior to the official adoption of such calendar.

B. The calendar provides for 183 teaching days and 2 professional development days. The

Board of Education reserves the right to make changes because of emergency closings

and related reasons. In the event that any of the three emergency closing days are not

utilized during the school year, the calendar shall be adjusted so that there are not more

than 180 teaching days.

C. The first two days of school for pupils will be early dismissal days. Teachers will work

their normal hours. It is understood that an early dismissal day means the time students

are dismissed on a half-day schedule.

The first day back for teachers is available for an NBEA meeting at 9:00-9:45 a.m. and

the Superintendent’s meeting at 9:45-10:30 a.m. Staff will return to their schools for

meetings with Principals from 11:00 a.m. to 12:30 p.m. Staff has the remainder of the

day for lunch and classroom preparation.

During the second day for teachers and first day for students, the p.m. portion is available

to principals if needed.

During the third day for teachers and second day for students, the p.m. portion will be

used to prepare workstations.

The Board and Association agree there will be 180 teaching days, and they further agree

to two (2) additional working days and to two (2) professional development days for

certificated staff and security officers only by June 30th in each school year.

Article VII

EMPLOYEE HOURS

A. Certificated

1. Teachers shall indicate their presence for duty by placing their initials in the

appropriate column of the sign-in roster

2. All elementary school teachers shall be required to report for duty twenty (20)

minutes prior to the pupil’s tardy bell. Departure time shall be the same as

student departure time.

3. All personnel may leave the building without requesting permission during the

duty-free lunch period. If personnel must leave during the day, the regular sign-

in sign-out procedure will be followed.

4. Block Scheduling Language

a. (1) 4 by 4 Schedule

All high school teaching staff shall have three classes during each

semester. There will be no administrative duties for anyone who teaches

three classes in a semester. Professionals having more than two (2)

course preparations per semester, shall be compensated an additional

$800. Preparations shall be distributed as evenly as possible among the

members of a department, as determined by the administration.

(2) AB Schedule

All high school teaching staff have three classes on an A day and three

classes on a B day. There will be no administrative duties for anyone

who teaches three classes in a day. Professionals having more than two

(2) course preparations per day shall be compensated an additional $800

for a full year course. Preparations shall be distributed as evenly as

possible among the members of a department, as determined by the

administration. This shall not apply to self contained classes.

Staff asked to cover classes thus losing their preparation periods for the

day, shall be compensated at a rate of $50 for each 80-minute class

period.

Traveling teachers who teach at the high school shall have 1 preparation

period at least sixty minutes in length, one lunch period, and travel time.

The daily schedule of a traveling teacher shall not exceed the length of a

normal day.

Teachers who teach an extra block for a full year shall receive an

additional twenty percent (20%) of their salary or ten (10%) per

semester.

Schedules shall be made available to the Association upon request.

b. Workloads shall be equitably assigned. Every attempt shall be made to

limit preparations at the High School to two (2) or less per semester per

professional.

In exceptional cases, professionals having more than two (2) course

preparations per semester shall be assigned an extra preparation period or

no homeroom, or shall be paid an additional $800.00 for 2012-2014.

c. A course preparation is defined as the preparation of a quarterly topic

plan (QTP) and its attendant daily plans.

Traditional High School Schedule

In the secondary schools, the daily schedule will consist of 8 periods on a

regular day and 9 periods on a pupil activity day. Professional personnel

will be required to fulfill 6 assigned periods, have one planning period,

and one duty-free lunch period in an 8 period day. When the 9 period

day is in effect, they will be required to fulfill 7 assigned periods, have

one planning period, and one duty-free lunch period.

5. All teachers in the Middle School building shall be required to report for duty no

later than ten (10) minutes prior to the start of the students’ day. Departure time

shall be the same as the pupils' departure time.

6. Middle School Block Scheduling Language

a. (1) 4 by 4 Schedule

All middle school teaching staff shall have three classes during each

semester. There will be no administrative duties for anyone who teaches

three classes in a semester. Professionals having more than two (2) full

block course preparations, or its equivalent, per semester, shall be

compensated an additional $800. Preparations shall be distributed as

evenly as possible among the members of a department, as determined

by the administration. Schedules shall be made available to the

association upon request.

(2) AB (Blue/White) Schedule

All middle school teaching staff shall have three classes on a Blue day

and three classes on a White day. There will be no administrative duties

for anyone who teaches three classes in a day. Professionals having

more than two (2) full block course preparations or its equivalent per day

shall be compensated an additional $800 for a full year course and $400

for a semester. Professionals having more than 3 course preparations per

day shall receive the same compensation. Preparations shall be

distributed as evenly as possible among the members of a department, as

determined by the administration. This shall not apply to self contained

classes.

a) All professional personnel will have a duty-free lunch period

of 40 minutes. Any teacher who does not have at least five

(5) preparation periods per week on a regular basis shall be

compensated at a rate of $31 for each period less than five

(5). Elementary teachers who are required to give up their

assigned planning period shall be paid $25 for each period

lost.

b) All professionals shall receive five (5) preparation periods

per week.

c) All professionals shall have five (5) common planning

periods per week not to exceed 40 minutes daily.

d) A 23 minutes daily Advisory.

e) The schedule shall include two (2) minutes passing time.

b. Staff asked to cover classes thus losing their preparation periods for the

day shall be compensated at a rate of $50 for each 80-minute class

period.

7. In elementary schools all professional personnel will have a duty-free lunch

period of 40 minutes.

8. The Head Nurse and Staff Development Leader shall work an eight (8) hour day

with a one (1) hour duty-free lunch and follow the same calendar as teachers.

9. The Play It Smart Academic Coach shall work an eight (8) hour day, beginning 2

hours after the start of school, with a one (1) hour duty-free lunch. The Play It

Smart Academic Coach shall work eleven (11) months. The 11

month is to be

scheduled over and above the teacher’s regularly scheduled calendar and will be

determined mutually between the Coach, the Principal and the Athletic Director.

10. Teachers in the elementary schools will be provided with planning periods taking

into account the schedules for physical education, library, art and music and any

other special subject or situation. Any scheduled prep period in excess of five (5)

per week may be available to the principal for assignment, which include CPT,

grade level meetings or professional development, but not excluding other

assignments. Every effort will be made to provide five (5) preparation periods

per week per professional in as equitable a manner as possible. To this end, the

Superintendent shall chair a meeting in early June of each year with all

elementary Principals and a committee of N.B.E.A. members appointed by the

Association President. The meeting participants shall share information and

suggest ways to provide each elementary teacher five (5) preparation periods per

week. Then, following completion of scheduling, the Superintendent will review

the schedules with the N.B.E.A. Any elementary teacher who does not have at

least five (5) preparation periods per week on a regular basis shall be

compensated at a rate of $31 for each period less than five (5).

Paraprofessionals employed as of June 30, 1998 shall receive an additional $710

stipend per year for the duration of this contract.

11. a. Elementary teachers who are required to give up their assigned planning

period shall be paid $25 for each period lost.

b. No Basic Skills/ESL class shall be canceled and its teacher used as a

substitute for any other teacher's absence except in cases of emergency.

12. On early dismissal days, all elementary teachers shall receive a 40 minute duty-

free lunch period during the time the pupils are in attendance.

13. Meetings will be held on Monday, unless there is no school in which case the

meeting will be held on the next scheduled school day. In no event, shall

meetings be scheduled on Wednesdays with the exception of Parent/Teacher

Conferences. All certified personnel may be required to attend up to three

meetings per month including building meeting, departmental meetings, grade

level meetings (City-wide), and evening meetings. Any of these three meetings

may be used for professional development or common planning. Any

administrator requesting a meeting in excess of the three mentioned above must

submit an agenda to the Superintendent of Schools for his approval along with an

explanation as to why the meeting must be held and reasons why the subject or

topics of the meeting are of such importance that a special meeting is absolutely

necessary. These additional meetings will not last more than one (1) hour and

fifteen (15) minutes beyond the school day with the exception of evening PTA-

PTO sessions, Back-To-School Night and parent conferences. An agenda will be

provided for regularly scheduled meetings. Principals and Supervisors will be

required to report in their monthly reports to the Superintendent, or his/her

designee, the starting and ending times of all faculty meetings. They will also

include a copy of the meeting agenda.

14. Every effort will be made to avoid combination classes. Any necessary

combination classes will be arranged so that no more than 3 QTP's need be

written. If, however, the prior restrictions are impossible to achieve, any teacher

with a combination class requiring more than 3 QTP'S will receive an additional

stipend $769 per year for the duration of this contract.

15. An elementary Music Teacher and/or the Middle School Music Teacher may

volunteer to be scheduled to teach instrumental music for one period prior to the

beginning or at the end of the school day for band/orchestra.

The elementary Teacher would report to his/her school to teach this forty minute

zero period at 8:00 a.m. to begin teaching at 8:10-8:50 a.m. and leave for the day

at 2:35 p.m. which is 40 minutes before the regular departure time for all other

elementary teachers. When the “zero period” is scheduled after the regular

school day ends, the teacher would begin his/her work day at 9:20 a.m. or forty

minutes after all other teachers are required to report. He/she would teach the

forty minute after school instrumental class beginning at 3:20 p.m. and leave for

the day at 3:55 p.m.

The Middle School Music Teacher would report to his/her school for the forty

minute zero period at 7:10 a.m. and begin teaching at 7:20-7:50 a.m. and leave

for the day at 1:55 p.m. which is 40 minutes before the regular departure time for

all other teachers. When the “zero period” is scheduled after the regular school

day ends, the teacher would begin his/her work day at 8:30 a.m. of forty minutes

after all other teachers are required to report. He/she would teach the forty

minute instrumental class beginning at 2:40 p.m. and leave for the day at 3:15

p.m.

B. Daily and Hourly Rates of Pay

1. For purposes of this agreement, the daily rate of pay for certificated staff

(teachers, guidance, psychological, etc.), paraprofessionals, security officers,

Family Liaison, Community Agent and Drop Out Prevention Officers shall be

computed at 1/200th of the respective annual salary. The hourly rate of pay for

certificated staff will be governed by a separate schedule in this agreement. The

hourly rate of pay for security officers and Paraprofessionals will be determined

by dividing the daily rate of pay by seven.

2. The daily rate of pay for custodians, twelve-month secretaries, and maintenance

personnel shall be computed at 1/264

. of the respective annual salary. The

hourly rate of pay for custodians and maintenance personnel will be determined

by dividing the daily rate of pay by eight. The hourly rate of pay for twelve-

month secretaries will be determined by dividing the daily rate of pay by seven.

3. The daily rate of pay for ten-month secretaries shall be computed at 1/220

. of

their annual salary. The hourly rate of pay for ten-month secretaries will be

determined by dividing the daily rate of pay by seven.

C. Non-Certificated

1. Secretary-clerks and IT Support Specialists shall work eight (8) hours with one

(1) hour for lunch during the regular school year, September 1 - June 30 and

seven (7) hours with one (1) hour for lunch during the summer months, July 1 -

August 31.

2. a. Paraprofessionals shall work the same hours as teachers, with the

exception that the departure time for paraprofessionals shall be the same

as student departure time on a regular school day.

b. The work day for full-time paraprofessionals at the Demonstration Day

Care Center will be the same duration as that of teachers, however, the

starting and closing time may vary in some instances to accommodate

programmatic need.

It is agreed that the individuals will receive the monetary compensation

as outlined in the contract for any hours beyond the number of hours

outlined in Article VII. C. 2 of the present contract.

It is agreed that hourly paraprofessionals in the Demonstration Day Care

Center shall be provided with a fifteen (15) minute break in both the

morning and afternoon.

3. Security Officers, IT Support Specialists, Family Liaisons and Drop Out

Prevention Officers shall work an eight (8) hour day with a one (1) hour duty-

free lunch. All security officers employed as of June 30, 1998, shall receive an

additional $710 per year for the duration of this contract.

4. Custodians and Maintenance shall work nine (9) hours with one (1) hour for

lunch on the day shift. Custodians on p.m. shift shall work an eight (8) hour day

with one (1) hour for lunch.

The day shift will be 7:00 a.m. – 4:00 p.m. and the night shift will be from 3:00

p.m. – 11:00 p.m. The midday shift will be 12:00 p.m. to 8:00 p.m. In addition

6:00 a.m. to 3:00 p.m. and 8:00 a.m. to 5:00 p.m. shifts may be created. These

shifts will be posted if implemented and filled by qualified volunteers before

employees are assigned.

The High School Head Custodian shift will be 6:00 a.m. – 3:00 p.m.

5. Every effort will be made to provide all non-certificated personnel, a fifteen (15)

minute break in the morning and in the afternoon.

6. a. All ten (10) month salaried employees will work in accordance with the

ten month teacher calendar, except 10 month secretaries shall begin the

year the first working day on September 1 and conclude the year with the

last working day on or before June 30.

b. Three custodians, one IT Support Specialist and one maintenance person

will be excused upon request each year to attend the N.J.E.A.

Convention. Seniority will be given first preference on a rotating basis.

D. Overtime

1. With the exception of certificated staff, employees who work 35 hour weeks

(paraprofessionals, security officers, Family Liaisons, IT Support Specialists and

Drop Out Prevention Officers and secretaries) shall be compensated at respective

hourly rates for the first five hours of work in excess of thirty-five. Those hours

worked in excess of forty hours will be compensated at 1 1/2 times the hourly

rate of pay. However, security officers who must return in the evening to

supervise evening activities will be compensated at 1 1/2 times their hourly rate.

This rate for security officers for evening work, will be paid regardless of hours

worked in any given day or week.

2. Employees who work forty hour weeks (security officers, custodians and

maintenance personnel) will be compensated 1 1/2 times their rates of pay for

those hours worked in excess of forty hours.

3. Credit for the thirty-five or forty hour week will be given an employee for any

day in a given week that the employee actually works or is otherwise

compensated. For example, an employee who has a paid holiday during the

week or a paid sick day during the week will be given credit for that day or days

toward his thirty-five or forty hour base week for purposes of computing

overtime.

4. Custodian, maintenance personnel and IT Support Specialists who are requested

to work on Sundays will be compensated at two times their respective hourly rate

of pay.

5. Security and secretarial personnel required to work on Saturday or Sunday will

be compensated at 1 1/2 times their hourly rate for a minimum of two (2) hours.

6. Building employees, maintenance employees and IT Support Specialists shall

receive at least two (2) hours compensation for a call in.

7. Maintenance personnel, custodians and IT Support Specialists will be provided

equal access to overtime opportunities depending on their qualification for the

overtime offered. Such overtime will be offered on a rotating basis.

8. All building employees will make periodic security checks in their buildings

when on duty other than normal school hours.

Article VIII

CLASS SIZE

A. It is recognized by the Board that pupil-teacher ratio is an important aspect of an effective

educational program. The Board agrees to continue its efforts to keep class size at an

acceptable number as dictated by the financial condition of the district, the building

facilities available and the availability of qualified teachers, the best interests of the

district, and as is administratively available.

B. Every effort will be made so that remedial compensatory classes shall not exceed fifteen

students.

Article IX

NON-TEACHING DUTIES

A. The Board and the Association acknowledge that a professional's primary responsibility

is to teach and that the professional's energies should, to the extent possible, be utilized to

this end.

B. Automobile use shall be compensated at the rate stipulated by the State of New Jersey

Department of the Treasury each year. The rate in effect on July 1 of each year will be

the rate for such compensation through the following June 30.

C. Employees shall not be required to perform duties not performed in the past, or to keep

registers.

D. Employees shall not be required to transport students.

Article X

EMPLOYMENT

A. The Board agrees to hire employees in accordance with the rules and regulations of the

State Board of Education and in accord with the laws of the State of New Jersey. The

Board recognizes its commitment to Affirmative Action in future hiring as outlined by

State and Federal regulations and will make every effort to abide by these principles.

The Board shall consult with the Association and invite to major interviews the

Association President or his/her representative, as part of the process for selecting a

Superintendent of Schools and Assistant Superintendents.

All employee positions covered by this Agreement shall have an adopted job description.

Nothing in the job description shall conflict with the provisions of this Agreement.

B. When hiring new personnel, the Board agrees to give credit on its duly adopted salary

guide for the following kinds of previous experience as follows:

1. Contracted teaching experience (credit to be determined at the discretion of the

Board at the time of employment).

2. Military experience (full credit up to four years).

3. Related experience (credit to be determined at time of employment).

C. 1. At the time of initial employment all new employees shall be informed in writing

of the benefits available to them.

2. The Personnel Office, upon monthly request from the Association, will provide

information relative to any new appointments.

3. Every effort will be made to inform the Association as soon as possible of the

Board's interest in the closing of a building or in the creation or elimination of a

category of jobs.

D. Persons employed temporarily shall be so informed at the time of employment. This

applies especially to persons who fill the position of an employee on leave.

E. Tenure will be granted to all employees covered by this Agreement in accordance with

New Jersey Statutes Annotated Title 18A.

F. All certificated employees shall be notified of their contract and salary status for the

ensuing year in accordance with N.J.S.A.

18A:27-10. All non-certificated employees

shall be notified on or before May 30th. Each notice shall indicate service increments as

appropriate.

G. If any employee shall have his/her position eliminated because of budgetary reasons, or

other circumstances, the following provisions shall apply:

1. The Medical-Dental Insurance Program by Connecticut General or HMO will be

offered to employees who have worked in the district for more than three

consecutive years on a one year basis. All other employees will be offered this

program for the months of July, August, and September. If any RIF’D employee

is rehired by November 1st of the school year following the year in which the

employee was RIF’D, the Board shall reimburse the employee his/her cost for

said insurance.

2. Payment for the insurance coverage listed in G.1 will be borne by each employee

who subscribes to the program through the Board of Education Personnel Office.

Employees must subscribe to the entire package (medical-dental-prescription).

3. Preferential treatment for hiring will be given in the Board of Education's Home

Instruction and Adult Education Programs for all teachers who are released

through a reduction in force.

4. Preferential treatment will be given for substitute positions, to all RIF'D teaching

personnel.

5. Tenured teachers shall be recalled for vacancies pursuant to the Provisions of

N.J.S.A.

18A and N.J.A.C Title 6.

6. Non-tenured teachers released through a reduction in force shall be given first

consideration to any other vacancies that occur.

7. If there is any possibility of saving potential job positions through transfers

within the district, this will be attempted.

8. The Board of Education will consider recommendations from the Association

relative to saving staff positions.

H. The criteria for the reduction of tenured teachers shall be as outlined herein:

These steps will be on a priority basis with each subsequent step being the next criterion

in selecting the person who would be retained by the district.

1. Beginning date of continuous employment (in most cases, this will be September

1st to conform with N.J.S.A.

18A provisions).

2. Total years in New Brunswick.

3. Total years of teaching experience (Public School).

4. Highest degree attained.

5. Highest number of credits beyond degree.

6. Evaluation

The basis for evaluation is the tenure evaluation form currently used in the

district, assuming that said evaluation has been conducted by the same

administrator. Only the point totals on the bottom two (2) sections of the

evaluation will be tabulated for point preference. Those with the lowest point

total will be selected. If there is less than 5% variation between the point totals

of two (2) or more individuals, a panel of six (6) persons, three (3) selected by

the Association, and three (3) selected by the Board, will review the balance of

the evaluation. These evaluations will be reviewed on an anonymous basis.

The panel's decision will require a 2/3 secret ballot vote.

I. 1. Every employee applying for a school year position shall have his application

acknowledged.

2. All postings for summer program positions will clearly state background

requirements, criteria for selection, job responsibilities/workshop expectations,

times, dates, and conditions. Postings will go up as far in advance as possible.

J. 1. The Board agrees to hire all part-time teachers on contract, with the exception of

Home/Supplemental teachers and Adult School teachers who will be paid

according to Schedule A (hourly rate). Adult School teachers who are hired

under contract will be paid pursuant to Schedule A.

Teachers who work half time or more will receive full benefits except those paid

on hourly rate.

2. The term half-time shall be defined as working under contract at least three hours

per day every day of the week or a total fifteen hours per week.

3. The Board agrees to permit all employees who receive less than half-time

contracts to receive full fringe benefits on the following basis. The person must

agree to pay his or her share toward fringe benefits, in which event the Board will

pay the remaining share. Any employee who is employed less than half-time and

elects to receive such benefits, must pay a share in reverse proportion to the

percentage of their employment, so that if a person is employed on a one-third

basis: such person must pay two-thirds of the cost of fringe benefits, and the

Board one-third of the cost. The election to receive such fringe benefits shall be

optional and reside in the employee, but if an employee determines that he or she

is not desirous of receiving fringe benefits, there will be no other benefit

provided instead.

4. Seniority for all certificated employees will be based according to Title 18A and

N.J.A.C.

Article XI

SALARIES

A. The salaries for all personnel covered by this Agreement are set forth in the attached

Schedules A-P which are a part of this Agreement.

1. Upon the expiration of the 2012-2014 Collective Bargaining Agreement there

will not be any advancement on the salary guide.

B. 1. Employees shall be paid in equal semi-monthly payments for the term of their

contracts. Payday shall be on the 15th and last working day of the month. If

schools are closed on the 15th, payday shall be on the last work day preceding

the 15th.

2. When a payday falls on or during a school holiday, vacation or weekend,

personnel shall receive their checks on the last previous working day.

3. All employees employed on a ten (10) month basis shall receive their final

checks and the pay schedule for the following year on the last working day in

June. Twelve month employees will receive their checks on the regular pay

schedule.

C. 1. Employees hired in the New Brunswick School District beginning July 1, 1995

will be given longevity credit for work performed only in the New Brunswick

School District. Employees hired prior to July 1, 1995 will maintain their same

longevity credit. Also effective July 1, 1995 service increments will be granted

to all employees the month following the anniversary date of hire. The Personnel

Office will notify payroll and the employee thirty (30) days prior to the

employee’s anniversary date.

2. Service increments shall be based upon the provisions as set forth in Schedule P.

3. Verification shall be in the form of a report completed by the secretary of each

school district in which the employee formerly served and, in the case of military

service, a photo static copy of the employee's discharge record.

4. The records described in three (3) above shall be available for inspection by the

President of the Association when a request is made to the Superintendent of

Schools, and permission is granted by the respective employee.

5. a. An increment on the salary guide shall be granted if the teacher works 90

teaching days out of the total 180 teaching days. Other employees shall

be granted an increment if they have worked 50% of their contracted

year.

b. Twelve month employees employed prior to February 1st shall move to

the next step of the salary guide the following July 1st.

6. a. An employee shall notify the Personnel Office when his/her educational

statuses on a salary guide changes. The notification shall include official

documentation such as transcript or degree from the employee's college

or university. All necessary documentation will be submitted by

November 1st for individuals requesting a status change for the first

academic semester, and by April 1

for the second academic semester.

b. The Personnel Office will forward the documentation of the status

change to the Board for action at its next public meeting.

D. Employees shall be paid according to their respective salary schedules.

E. Head teachers in elementary schools shall receive an additional salary of $500 per year

for the duration of this contract.

F. It shall be the objective of the parties to provide a career program appropriate for

secretaries that will enable them to enhance their performance and increase their earnings.

This contract provision shall remain open so that parties can meet as needed to draft a

plan to achieve this objective as soon as possible.

G. It shall be the objective of the parties to reduce the balloon step and change inner guide

steps to more competitive levels where considerable differences currently exist in any of

the salary schedules.

H. The practice of paying a $200 annual stipend to special education teachers shall be

discontinued effective the 1992-93 school year. (Anyone currently receiving this

payment will be grandfathered.)

I. When inclement weather forces the district to close on a regular school day, building and

maintenance staff are expected to report to work. When snow removal is completed

and/or the building is ready to open the next school day, building and maintenance

employees shall be dismissed by the Board Secretary or his/her designee. If school is

dismissed during a day because of inclement weather, custodial and maintenance

personnel will be dismissed by the Board Secretary.

J. If "serious" inclement weather or other emergency should strike during a holiday or

weekend, Building and/or Maintenance employees are expected to work to prepare the

building or grounds for opening the next regular school day. Building and/or

Maintenance employees reporting to work under such circumstances will be reimbursed

at the appropriate overtime rate of pay. Automobile use shall be compensated at the rate

stipulated by the State of New Jersey Department of the Treasury each year. The rate in

effect on July 1 of each year will be the rate for such compensation through the following

June 30.

K. The Board agrees to compensate any building employee assistant who must assume the

responsibility of a Head Custodian, forty dollars ($40) per day above their existing rate of

pay.

L. Secretaries who have been previously employed by the New Brunswick Public School

System shall upon their return be placed on the step salary level which they attained prior

to their resignation. However, nothing herein shall be mandated to rehire any secretary

who has resigned from the district's employ.

Article XII

ASSIGNMENTS

A. If a change is made, employees shall be given written notice of their building and/or

subject assignments, and room assignments for the forthcoming year. Every effort shall

be made to provide this information before the summer recess.

B. Every effort should be made at signing of contract to assign each employee to the specific

position agreed upon. However, the Board has the right to reassign as the need presents

itself.

C. In the event that changes in such schedules, class and/or subject assignments, building

assignments, or room assignments are proposed, the Association shall be notified

promptly in writing and, upon the request of the employee and the Association, the

changes shall be promptly reviewed between the Superintendent or the Superintendent's

representative and the employee affected, and, at the employee's option, a representative

of his/her choice, and a representative of the Association.

D. Employees who desire a change in grade and/or subject assignment or who desire to

transfer to another building may file a written statement of such desire with the Personnel

Office no later than April 1. Such statement shall include the grade and/or subject to

which the employee desires to be assigned and the school or schools to which he/she

desires to be transferred, in order of preference.

E. As soon as practicable but no later than the last day of the school year, the Superintendent

shall notify the applicants and send notice of all employees who have been reassigned or

transferred to the Association.

F. In the case of an involuntary transfer or reassignment, the administration shall meet with

the involved employee and shall inform him/her of the transfer or reassignment and of

available positions to which he/she may be transferred or reassigned and shall give

consideration to his/her choice among them.

G. Security Officers will be assigned security duty on school buses. One day’s notice shall

be given for such duty except in emergency. When Security Officers are assigned to ride

school buses for the health, safety, and welfare of the students or drivers, the Security

Officer will report to the transportation company’s terminal five minutes prior to the

departure time of the buses. Compensation relative to the bus security assignments will

be according to Article VII of this Agreement. When a Security Officer is required to

ride school buses, arrangements will be made for those individuals who are unable to

provide their own transportation to the bus terminal. This expense shall be the Board’s

responsibility.

Article XIII

PROCEDURE FOR TRANSFERS

A. Employees may notify the Superintendent at any time of their desire to be transferred or

reassigned. As a courtesy, the employee shall also submit a copy to his or her immediate

supervisor.

In those cases where vacancies can be filled by means of voluntary transfer or

reassignment, requests of qualified employees for voluntary transfer or reassignment to

such vacancies will be duly considered.

B. The Superintendent will inform the appropriate principal or supervisor of the employee's

request for transfer, and the principal or supervisor may interview the employee relative

to the reassignment. All applications will be reviewed and each applicant will be notified

of the final decision.

C. All candidates who are interviewed will be notified, within a reasonable time in writing,

whether their requests for transfer have been granted. The decision of the Superintendent

concerning this matter will be final.

D. All announcements of vacancies will be sent to the NBEA President and the NBEA

representative in each school for posting.

1. During the summer months, vacancies shall be posted in the Central Office, on

the Board of Education website and sent to the NBEA President.

2. Five (5) days after each monthly Board meeting the Superintendent shall notify

the Association of all employees who have been reassigned or transferred by

position.

Article XIV

PROMOTIONS

A. Promotional positions are defined as follows: Positions paying a salary differential

and/or positions on the administrator-supervisor levels.

1. The Superintendent will, at least two weeks prior to the closing application

deadline, forward notices of vacancies to the President of the Association and to

all Association Representatives who will post same.

2. All notices of vacancies will include qualifications for the position, its duties, and

rate of compensation.

B. All employees of the Board of Education are entitled to apply for advancement, if

qualified, to positions of increased remuneration and/or responsibility, within the school

system.

C. Vacancies which occur, or positions to be filled during the summer months, shall be

posted in Central Office and a copy sent to the NBEA office. Any employee interested in

receiving notice of vacancies during the summer will leave a self-addressed envelope

with the Personnel Office before departing on summer vacation.

D. Each applicant not selected shall receive written notification from the Superintendent or

his/her designee.

E. Ten (10) days after the selection has been made, a copy of the successful applicant’s

name will be sent to the NBEA office.

Article XV

OBSERVATION/EVALUATION

A. Certificated Employees

1. a. The primary purpose of the observation/evaluation of certificated

employees is to improve the instructional program of the school system.

Evaluation sessions with the individual employee should point out the

strengths and weaknesses of the employee and give specific suggestions

in the areas in which the certificated employee can improve.

b. Responsibility for observation/evaluation is assigned to the

Superintendent of Schools, the building principal and the supervisor or

department head.

c. Observations/evaluation of teachers shall be made individually or as a

team by the principal, supervisor or department head. A Pre-Evaluation

Conference shall be held at least three (3) days prior to the evaluation-

observation for non-tenured certificated staff. A conference after each

observation shall be held as soon as possible but in no case later than

nine (9) calendar days for all non-tenured teachers. A conference after

each observation shall be held as soon as possible but in no case later

than twelve (12) calendar days for all tenured teachers. The final written

observation shall be given to the teacher after the conference is held no

later than seven (7) calendar days after the conference.

d. All monitoring or observation of the work performance of a certificated

employee shall be conducted openly and with full knowledge of the

certificated employee.

2. a. A minimum of three formal evaluation-observations shall be conducted

each year for non-tenured certificated employees, the first of which must

be conducted no later than December 1st of the school year, or thirty (30)

days after the date of hire if hired after the September opening of school.

The second must be conducted no later than January 31st. and the third

no later than March 15th. Every effort will be made to schedule each of

the three formal evaluation-observations at the mutual convenience of the

employee and the evaluator with the major consideration being to assist

the certificated employee in producing his/her best performance. A

minimum of five (5) days notice will be given to the certificated

employee prior to each of the scheduled formal evaluation-observations.

Each of these three evaluation-observations shall last a minimum of one

complete subject lesson, unless otherwise permitted by law.

b. At each of the formal evaluation-observation conferences the substance

of the observation or evaluation report shall be discussed, utilizing

reflective responses by the staff member evaluated to conferencing

questionnaires. Each of the participants in the conference shall sign the

final report once it has been completed indicating that he/she has read the

contents of the report. Each of the participants in the observation or

evaluation may retain a copy of the report for his or her personal file.

The employee may prepare a statement to be attached to the observation

and/or evaluation report.

c. Where there is disagreement of the teacher's evaluation-observation, it

shall be referred to the Superintendent's Office for further review and/or

resolution.

d. A copy of formal evaluation-observation reports shall go into the

teacher's permanent record.

3. a. All tenured teachers shall be evaluated at least once each school year.

The evaluation-observation shall take place between October 1 - April

, and shall be scheduled at the mutual convenience of the certificated

employee and the evaluator. The evaluation-observation shall last a

minimum of one complete subject lesson, unless otherwise permitted by

law, and will be followed by a formal evaluation conference within

twelve (12) calendar days. The final written observation shall be given to

the teacher after the conference is held no later than 7 calendar days after

the conference.