A G R E E M E N T
between
FREEHOLD TOWNSHIP BOARD OF EDUCATION
and
TRANSPORT WORKERS UNION OF AMERICA, LOCAL 225 BRANCH 4
AFL-CIO
July 1, 2011 through June 30, 2014
TABLE OF CONTENTS
ARTICLE TITLE PAGE
Preamble 2
I Recognition 2
II Negotiations Procedure 2
III Employee Rights 3
IV Board Rights 5
V Union Rights and Privileges 5
VI Union Security 6
VII Grievance Procedure 7
VIII Seniority 8
IX Posting Procedures 9
X Hours of Work/Working Conditions 10
XI Wages and Extra Pay Rates 22
XII Sick Leave 24
XIII Leaves of Absences 25
XIV Insurance 27
XV Miscellaneous 28
XVI Subcontracting 28
XVII Continuity of Operation 29
XVIII Duration 30
Appendix A Grievance Form referred to in Article VII, F. 31
Appendix B Side Bar Agreement as per Article X, F. 32
PREAMBLE
THIS AGREEMENT entered into as of the First of July 2011, by and between the Board of Education of Freehold Township, New Jersey, hereinafter called the "Board", and the Transport Workers Union of America, AFLCIO, and its Local 225 Branch 4, hereinafter called the "Union".
References to male members shall apply equally to female members. Whereas, the Board recognizes the Union aforesaid as the only Union representing its employees as designated below, and agrees to deal collectively only with this Union. Now, therefore, a consideration of the mutual covenants, promises and agreements herein contained, the parties do hereby agree as follows.
ARTICLE I
RECOGNITION
In accordance with the provisions of the New Jersey EmployerEmployee Relations Act, the Freehold Township Board of Education hereby recognizes the Transport Workers Union of America, A.F.L.C.I.O., Local 225 Branch 4, as the sole and exclusive representative for collective negotiations concerning the terms and conditions of employment for the following unit certified by the New Jersey Public Employment Relations Commission, Docket No. RO92111.
Unit: All regularly employed bus and van drivers and transportation attendants employed by the Freehold Township Board of Education. There will be no separate determination between bus and van attendants.
Excluded: Substitute bus drivers and van drivers, substitute attendants, managerial executives, confidential employees, professionals, craft employees, police and supervisors within the meaning of the Act.
ARTICLE II
NEGOTIATIONS PROCEDURE
A. Prior to the ending date of this Agreement but not less than sixty (60) days pursuant to the regulations of the New Jersey Public Employment Relations Commission, the parties shall confer at mutually agreed upon times and places, for the purpose of effectuating, if possible, a new or a continuation of the within Agreement.
B. This Agreement incorporates the entire understanding of the parties on all matters that were or should have been the subject of negotiations. During the term of this Agreement, neither party shall be required to negotiate with respect to any such matter whether or not covered by this Agreement and whether or not within the knowledge or contemplation of either or both the parties at the time they negotiated or executed this Agreement.
C. This Agreement shall not be modified in whole or in part by the parties except by an instrument in writing and duly executed by both parties.
ARTICLE III
EMPLOYEE RIGHTS
A. Pursuant to N J S A 34:13A1 et. seq., the Board hereby agrees that every employee of the Board shall have the right to freely organize, join and support the Union and its affiliates for the purpose of engaging in collective negotiations and other concerted legal activities for mutual aid and protection. The Board shall not discriminate against any employee by reason of his/her membership in the Union and its affiliates or his/her participation in any lawful activities of the Union and its affiliates.
B. The Board shall not discriminate with regard to hiring, promotion, job assignment, or other conditions of employment because of race, age, sex, creed, color, national origin, or Union activity. Nothing contained in this Agreement shall be construed to deny or restrict to any employee such rights as he may have under New Jersey School Laws or other applicable laws and regulations.
C 1) No employee shall be disciplined without just cause.
2) Whenever an employee is required to attend a meeting before a supervisory or administrative staff, which meeting may result in disciplinary action against the employee, that employee shall be given advance notice of the meeting and of its' disciplinary nature and advised of his right to be represented by the Union at the meeting. This provision is not intended to apply to fact gathering inquires by supervisory or administrative staff.
D. Whenever an employee is required to appear before the Board or any committee or any member thereof concerning any charge or inquiry into a matter which could adversely affect the continuation of that employee in his position or employment, then he shall be given prior written notice of the reasons of such meeting or interview and shall be entitled to have a representative of his union in attendance during such meeting or interview.
E. Pursuant to N.J.S.A. 18A:166, whenever any civil action has been or shall be brought against any person holding any office, position or employment under the jurisdiction of any board of education for any act or omission arising out of and in the course of the performance of the duties of such office, position, employment, the Board shall defray all cost of defending such action, including reasonable counsel fees and expenses, together with cost of appeal, if any, and shall save harmless and protect such person from any financial loss resulting there from and said Board may arrange for and maintain appropriate insurance to cover all such damages, loss and expenses. (Note: Motor vehicle violations are not covered by this clause.)
F. 1. Employees are to be notified in writing of the results of their evaluations. All formal observations of the work performance of the employee shall be conducted openly and with full knowledge of the employee. The employee shall sign a copy to acknowledge receipt only; the employee shall be permitted to write his/her comments as to any areas of disagreement.
2. Employees shall receive a copy of any and all materials placed in their personnel file and/or working file. Employee shall be entitled to attach a response to reprimands, complaints, or any other material to be placed in their personnel file and/or working file. Employee must be informed where formal documentation will be filed.
3. With prior appointment, employees shall have the right to review the contents of their personnel file or working file. Upon request, employees shall be entitled to a copy of any material contained in their personnel file.
G. Any dialogue between employer and employee is to be conducted in a professional manner. All matters or criticism are to be addressed in confidence with the individual.
ARTICLE IV
BOARD RIGHTS
A. The Board hereby retains and reserves unto itself, except as limited by this Agreement, all powers, rights authority, duties and responsibilities conferred upon and vested in it by the Laws and Constitution of the State of New Jersey and of the United States, including, but without limiting the generality of the foregoing, the following rights:
1. To the executive management and administrative control of the Freehold Township Board of Education and its properties and facilities and the activities of its employees.
2. To hire, assign, promote, transfer from shifts, and retain employees covered by this agreement with the Board or to suspend, demote, discharge, or take disciplinary action against employees; to make work assignments, work and shift schedules, including overtime assignments; to relieve employees from duties because of lack of work or other legitimate reasons; to maintain the efficiency of the Board operations; to determine the methods, means, and personnel by which such operations are to be conducted.
3. To suspend, demote, discharge or take other disciplinary action for good and just cause according to law.
4. To establish, modify, change or abandon operating methods to assure efficient and economical operations subject to applicable laws.
5. To determine work schedules, hours, the duties, responsibilities and assignments of employees.
B. Nothing contained herein shall be construed to deny or restrict the Board with respect to its power, rights, authority, duties, and responsibilities under N.J.S.A. 18A and N.J.A.C. 6 or any other national, state, county or local laws or ordinances.
ARTICLE V
UNION RIGHTS AND PRIVILEGES
A. The Union Chairperson shall be informed of all disciplinary action against any members of the bargaining unit.
B. The Union's representative may visit the Board's premises for the purpose of investigating working conditions or conferring with the Board or Administration or the employees provided such visitation or conferring does not interfere with the work performance of the employees.
C. The Board shall provide space for a Union bulletin board in a reasonable accessible place for Union notices.
D. The Union and its representatives may be permitted to use school buildings at reasonable hours for meetings. The transportation coordinator shall be notified in advance of the time and requested place of all such meetings and the Union shall seek approval for the use of the building from the business office.
E. Employees shall be granted an unpaid leave of absence for one or more years to serve as an elected officer of the Transport Workers Union of America AFLCIO. Such leave will coincide with the applicable term or duty of the office held. The Board shall be given 30 days notice of said leave of absence. The Board shall make every effort to accommodate the employee in unusual circumstances. The Board shall continue to pay the employee's wages and benefits and shall be reimbursed for salary and benefits by the Union. During such leave the employee will continue to accrue seniority. Said leave to be subject to the Rules and Regulations of the Public Employees Relations Commission.
F. The rights and privileges of the Union and its representatives as set forth in this Agreement shall be granted only to the Union as the representative of the majority of the drivers and to no other organization.
ARTICLE VI
UNION SECURITY
A. The Board shall deduct from the wages of employees and remit to the SecretaryTreasurer of the Union regular membership dues, for those employees who sign authorization cards permitting such payroll deductions. Deductions shall begin within 30 days of receipt of notification by the Business Office.
B. For any employee in the bargaining unit who has not signed a dues deduction authorization card after thirty (30) day of employment, the Board will deduct from all such employees, an Agency Fee and/or Maintenance Fee charge, not to exceed eightyfive (85%) percent of the regular dues, each month at the time the regular dues are deducted and remit such Agency Fee and/or Maintenance Fee charge to the SecretaryTreasurer of the Union
C. The Board shall deduct from the wages of employees and remit to the Secretary-Treasurer of the Union the amount specified from employees who voluntarily authorize monthly contributions on the forms provided for that purpose by the TWU Committee on Political Education (COPE).
D. The Union will indemnify and save harmless the Board from any and all claims and disputes that may arise out of or by reason of action taken by the Board in reliance on the authorization of deducted monies in behalf of the Union.
ARTICLE VII
GRIEVANCE PROCEDURE
A. A grievance shall mean a complaint by a member of the bargaining unit that there has been to him or her misinterpretation or misapplication or violation of the terms of the Agreement.
B. 1. Level One: The grievant shall with or without a Union Representative present the grievance informally to the grievant's immediate supervisor within ten (10) working days of the occurrence. This discussion shall be an attempt to resolve this matter informally. Within ten (10) days from the date of the meeting between the grievant and the employee's immediate supervisor, a grievance may be submitted in writing to the immediate supervisor by the grievant with or without a Union Committee Representative. Within ten (10) schools days thereafter, a written reply shall be given by the supervisor to the grievant and Union Committee representative.
2. Level Two: Within ten (10) school days from receipt of the Supervisor's reply, the Union may submit the grievance in writing to the School Business Administrator. He and/or his representative shall meet within ten (10) school days after receipt of the grievance with the grievant and his/her Union Representative to discuss the matter. The School Business Administrator shall send his decision in writing to the Union within ten (10) school days after the grievance meeting.
3. Level Three: Within ten (10) school days after receipt of the decision, if the grievance is still unresolved, the matter may then be submitted to the Board Secretary for review by the Board. The Board of Education in its sole and absolute discretion may request that the grievance be jointly considered by the Union’s grievance committee and the board of such subcommittees as either shall designate. The Board, may at its option, hold a hearing with the grievant and the Union and shall answer such grievances in writing no later than five (5) school days following the Board of Education's next regular meeting after receipt of such grievance at its previous regular meeting; if the Board elects not to review the grievance under this provision, it shall notify the grievant and the Union in writing no later than one day after the decision has been made.
C. 1. Within twenty (20) school days after receipt of the Board reply, any grievance processed under this Article through the above levels, which cannot be resolved satisfactorily after going through the foregoing procedures, may be submitted by either the Union or the Board in writing to the New Jersey Public Employment Relations Commission for arbitration.
2. The arbitrator so selected shall confer with the representatives of the Board and the Union and hold hearings promptly and shall issue his decision not later than thirty (30) days from the date of the submission of briefs, or if oral hearings have been waived, then, from the date the final statements and proofs on the issues are submitted to him. The arbitrator's decision shall be in writing and shall set forth his findings of fact, reasoning and conclusions on the issues submitted. The arbitrator shall be without power or authority to make any decision that requires the commission of an act prohibited by law or which is violative of the terms of the Agreement. The decision of the arbitrator shall be submitted to the Board and the Union and shall be final and binding on the parties.