SAINT JOSEPH HIGH SCHOOL AND CATHOLIC TEACHERS UNION - September 1, 2017 - August 31, 2020 - Catholic Teachers ...

 
SAINT JOSEPH HIGH SCHOOL
             AND
   CATHOLIC TEACHERS UNION
September 1, 2017 – August 31, 2020
Table of Contents
Preamble .................................................................................................................................................... 1
ARTICLE I Recognition and Scope of Agreement ................................................................................ 1
ARTICLE II Certificates ......................................................................................................................... 2
ARTICLE III Tenure ............................................................................................................................... 2
ARTICLE IV Non-Tenure ....................................................................................................................... 3
ARTICLE V Seniority .............................................................................................................................. 3
ARTICLE VI Constriction....................................................................................................................... 4
ARTICLE VII Grievance Procedure ...................................................................................................... 5
B.        Procedure. ....................................................................................................................................... 5
C. Grievance Processing. ......................................................................................................................... 6
ARTICLE VIII Teacher Assignments .................................................................................................... 7
ARTICLE IX Duties and Assignments ................................................................................................... 8
ARTICLE X Leave of Absence ................................................................................................................ 9
 A. Sick Leave ..................................................................................................................................... 10
 B. Bereavement Leave ....................................................................................................................... 10
 C. Personal Leave .............................................................................................................................. 10
 D. Professional Leave ........................................................................................................................ 11
 E. Disability Leave ............................................................................................................................ 11
 F. Maternity Leave ............................................................................................................................ 11
 G. Child Rearing Leave ..................................................................................................................... 11
 H. Adoption Leave ............................................................................................................................. 11
 I. Unpaid Leave of Absence ............................................................................................................. 11
 J. Extended Leave ............................................................................................................................. 12
ARTICLE XI Benefits ............................................................................................................................ 13
 A. Medical Insurance ......................................................................................................................... 13
 B. Dental Insurance ........................................................................................................................... 13
 C. Prescription Drug Plan .................................................................................................................. 13
 D. Life Insurance ............................................................................................................................... 13
 E. Continuation of Health Insurance Coverage ................................................................................. 14
 F. Retirement Plan ............................................................................................................................. 14
 G. Tuition Reimbursement for Graduate Credits............................................................................... 14
 H. Early Retirement Incentive ........................................................................................................... 14
 I . Long Term Disability Plan............................................................................................................ 15
 J. Medical Insurance Option. ............................................................................................................ 15
 K. Healthcare Program for Early Retirees ......................................................................................... 16
 L. 125 Plan Coverage ........................................................................................................................ 16
ARTICLE XII Lunch ............................................................................................................................. 16
ARTICLE XIII Tax Sheltered Annuity ................................................................................................ 16
ARTICLE XIV Tuition Waiver ............................................................................................................ 16
ARTICLE XV Salaries ........................................................................................................................... 17

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ARTICLE XVI No Strike - No Lockout ............................................................................................... 17
ARTICLE XVII General Conditions .................................................................................................... 17
ARTICLE XVIII Extra-Curricular Activities ..................................................................................... 18
ARTICLE XIX Advancement ............................................................................................................... 18
ARTICLE XX Check-Off....................................................................................................................... 19
ARTICLE XXI Union Representation.................................................................................................. 19
ARTICLE XXI Term of Agreement ..................................................................................................... 20
Salary Scale 2017-2018 ........................................................................................................................... 21
Salary Scale 2018-2019: .......................................................................................................................... 22
Salary Scale 2019-2020 ........................................................................................................................... 22
Department Salary Scales ...................................................................................................................... 23
Activity/Moderator Salary Scales .......................................................................................................... 24
Diocese of Camden Medical Plan .......................................................................................................... 26
Diocese of Camden Managed Vision Care Program .......................................................................... 28
Diocese of Camden Dental Insurance Plan .......................................................................................... 28
Long Term Disability .............................................................................................................................. 29
Diocese of Camden Healthcare Program for Early Retirees .............................................................. 29
Severance Pay Plan ................................................................................................................................. 30
Personal/Bereavement/Professional Day Request Form ..................................................................... 32
Teacher Preference Form....................................................................................................................... 33
Teacher Volunteer Form ........................................................................................................................ 34
Competency Form ................................................................................................................................... 35
Disciplinary Meeting Form .................................................................................................................... 35
New Teacher Audit Form ....................................................................................................................... 36
Preparation Period Use for Substitution .............................................................................................. 36
Tuition Reimbursement Request Form ................................................................................................ 37
Grievance Report Form ......................................................................................................................... 38
Sample Letter Requesting Excusal From Jury Duty During the School Year ................................. 39

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Preamble
This Agreement is made this 21st day of June, 2017 by and between St. Joseph High School, Hammonton, N.J.
[hereinafter referred to as the School] and the Catholic Teachers Union [hereinafter referred to as the Union].

Whereas the said parties desire to establish the terms and conditions relating to the professional employment of
the lay teachers in the bargaining unit, to affirm the Catholic identity and mission of St. Joseph High School in the
context of the Catholic Church’s teaching mission; to advance the Catholic educational objectives of the Diocese
as set forth by the Bishop of the Diocese; to indicate the areas of authority and responsibilities of both parties; and
to provide a reasonable means of adjustment of differences that may arise between them, they agree as follows:

                                                 ARTICLE I
                                     Recognition and Scope of Agreement
A. The Union is hereby recognized by the School                     director; and other administrative positions
as the sole and exclusive collective bargaining agent               determined by the School.
for the following lay employees of St. Joseph High
School:
                                                                    2. All short-term substitute teachers, clerical
                                                                    employees, custodial-maintenance personnel,
     1. All full-time classroom teachers, including
                                                                    cafeteria employees and teacher aides.
     special education teachers;
    2. All full-time guidance counselors;                      D. The subjects covered by this Agreement are
    3. All full-time librarians;                               wages, benefits and other terms and conditions of
                                                               employment.
    4. All long term substitutes: long term
    substitutes are defined as those hired to teach            E. Excluded from the scope of negotiations are the
    one quarter or more or the equivalent of one               following:
    quarter or more in school days. If a vacancy                   1. Decisions involving educational policies
    occurs after the beginning of school, a full-time              touching upon the Catholic identity and mission
    employee will fill it. However, if the principal               of the high school, and/or ecclesiastical
    receives less than thirty [30] school days notice              considerations, and/or any matter touching upon
    from the time the vacancy occurs, he/she may                   the Catholic identity and mission of St. Joseph
    hire a substitute to fill the position for that                High School.
    period of time up to thirty [30] school days from
    the date of notice. In the event that the                       2. The right and obligation of the Bishop to
    substitute is subsequently hired to fill the                    assign priests, deacons and religious to any high
    position, the hiring shall be retroactive, to the               school position.
    first day the substitute worked, for all aspects of             3. The administrators’ right to assign,
    employment including salary, seniority, benefits,               supervise, discipline and demand responsible
    etc.                                                            teacher accountability in all curricular and extra-
       The above notwithstanding, whenever a                        curricular areas.
       vacancy occurs during the fourth quarter, the                4. The school ratio.
       principal may fill the position with a substitute
       for the remainder of the school year.                   F. The Union declares that its aim is to provide a
    5. All permanent part time employees:                      quality education for the students who attend the
    permanent part-time employees are defined as               schools.
    those teaching or working the equivalent of an
    average of three classes per two (2) days.                 G. The School and the Union recognize the
                                                               uniqueness of the Catholic school: it is established
B. Full-time positions shall not be filled with part-          to provide a Catholic education – that is, education
time employees.                                                based on Catholic faith and Catholic principles
                                                               under the direction and authority of the Bishop of
C. Excluding all others including:                             Camden. Moreover, nothing in this agreement shall
   1. The principal, all vice-principals, all                  be construed to interfere in any way with the
   assistant principals, dean of students, appointed           religious, ecclesiastical or canonical functions and
   by the Bishop of the Diocese; the guidance                  duties of the Diocese and the School.

                                                           1
H. The School and the Union recognize the
importance of employees giving witness to the Faith          K The School and Union shall establish a joint
by upholding and presenting the doctrinal and moral          committee for the purpose of being proactive in
teachings of the Catholic Church and the policies of         addressing mutual concerns. This committee shall
the Diocese of Camden related thereto, accurately,           consist of an equal number of members from the
authentically and faithfully in all aspects of their         union and the administration.
educational ministry. Furthermore, Catholic
teachers are called to a personal fidelity to the
                                                             L. The right to hire, suspend, discharge or
Church; they are to be outstanding for their correct
                                                             otherwise discipline a teacher is reserved to the
doctrine and integrity of life.
                                                             principal of the School subject to the right and duty
                                                             of the Bishop as acknowledged in this Agreement
I. The Union recognizes the non-profit nature of
the St. Joseph High School and that it is a non-tax
                                                             M. The school retains the sole right to operate the
supported enterprise, primarily dependent upon
                                                             school and nothing shall be deemed to limit or
tuition, and fees and voluntary offerings of the
                                                             restrict it in any way in the exercise of all its
people, and that, accordingly, it is non-compatible to
                                                             functions in management operations. This includes
tax-supported enterprises.
                                                             the right to make such rules relating to its operation,
                                                             as it shall deem advisable providing they are not
J. The Union recognizes the sole right and duty of           inconsistent with the terms of the agreement.
the Bishop of the Diocese to see that the school is
operated in accordance with the philosophy of
                                                             N. All employees hired on or after 9/1/2005 are
Catholic education, the doctrine, the teachings, the
                                                             subject to criminal background checks by the
laws and norms of the Catholic Church, and the
                                                             diocese’s designated provider at the prospective
policies of the Diocese of Camden related thereto as
                                                             employee’s expense
stated by the Bishop.

                                                  ARTICLE II
                                                  Certificates
A. Anything herein to the contrary notwithstanding,          B. Degreed non-certified religion teachers may
the School reserves the right to require of all              be hired but will be required to obtain diocesan
employees such New Jersey State certifications as            certification within four years or they may not be
may be required under the provisions of any statute          rehired for a fifth year.
or regulation.

                                                  ARTICLE III
                                                    Tenure
A. Tenure is defined as full-time employment by a            opportunity to correct the areas of incompetence.
degree holding employee for four (4) successive              The ninety (90) day period shall commence
years and one (1) day. The calculation of tenure             following a conference with and a written evaluation
shall begin on the first paid day of employment.             of the employee detailing the areas of incompetence
                                                             and the requirements to correct the same.
    The above notwithstanding, anyone hired prior
    to September 1, 2014 shall gain tenure after                 Employees may be otherwise disciplined for just
    three (3) successive years and one (1) day of                cause, which warrants disciplinary action, but
    full-time employment.                                        falls short of cause for dismissal. This may
                                                                 include suspensions without pay. The principal
                                                                 and president shall endeavor to provide written
B. An employee having tenure shall not be
                                                                 notice of the reason for any suspension at the
discharged except for reasons of serious and/or
                                                                 time of the suspension. However, in no event
public immorality, insubordination, incompetence,
                                                                 shall such notice be provided later than 24 hours
serious neglect of duty or other just cause. Such
                                                                 thereafter. Verbal notice of the reason shall be
discharge, when based upon incompetence shall be
                                                                 given at the time of suspension.
preceded by at least a ninety (90) calendar day
period during which the employee shall have the

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C. Upon dismissal, the employee shall be presented               occurrence. If the Principal does not resolve the
with a written statement of the reasons for such                 grievance, the teacher or the Union may then file
action, which shall be subject to the grievance                  a grievance at the Office of Superintendent level
procedure, except as noted below:                                within ten (10) days. If the grievance is not
                                                                 resolved at that level, the teacher or Union may
    Notwithstanding grievance and arbitration
                                                                 request arbitration by the Bishop of the Diocese,
    procedures hereinafter specified, any grievance
                                                                 or his designee. In those matters which, in the
    arising from the dismissal of a teacher for
                                                                 sole and absolute discretion of the Bishop of the
    serious and/or public immorality and/or public
                                                                 Diocese, concern serious and/or public
    rejection of official doctrine or teachings of the
                                                                 immorality and/or public rejection of official
    Church, and/or the policies of the Diocese of
                                                                 doctrine and/or teachings of the Church and/or
    Camden related thereto as stated by the Bishop
                                                                 the policies of the Diocese of Camden related
    of the Diocese shall first be discussed orally
                                                                 thereto as stated by the Bishop, the Bishop of the
    with the principal. The charge shall then be
                                                                 Diocese shall be the ultimate judge whose
    reduced to writing and presented to the teacher.
                                                                 decision shall be final and binding on all
    The teacher or Union may then file a grievance
                                                                 concerned
    with the Principal. This statement must be in the
    Principal’s Office within ten (10) days of the

                                                   ARTICLE IV
                                                   Non-Tenure
A. An employee who has not acquired tenure as                    and/or the policies of the Diocese of Camden
defined in Article III, or who is not eligible                   related thereto as stated by the Bishop, the
therefore, may not be dismissed during his/her                   Bishop of the Diocese shall be the ultimate
school year employment except for just cause. Such               judge whose decision shall be final and binding
an employee may be otherwise disciplined for just                on all concerned.
cause, which warrants disciplinary action, but falls
short of cause for dismissal. This may include               B. Any dismissal or other discipline of a non-tenure
suspension without pay.                                      employee may be appealed to Step 3 of the
                                                             Grievance Procedure. The decision at that Step shall
    Notwithstanding grievance and arbitration
                                                             be final.
    procedures hereinafter specified, any grievance
    arising from the dismissal of a teacher for
                                                             C. Nonrenewal of the contract of a non-tenured
    serious and/or public immorality and/or public
                                                             employee may not be for reasons arbitrary and
    rejection of official doctrine or teachings of the
                                                             capricious. Any non-tenured employee whose
    Church, and/or the policies of the diocese of
                                                             contract is not renewed shall be notified to that
    Camden related thereto as stated by the Bishop
                                                             effect in writing by May 20 of any school year in
    of the Diocese shall first be discussed orally
                                                             which such termination shall take effect at the close
    with the principal. The charge shall then be
                                                             of the school year in which the contract is so
    reduced to writing and presented to the teacher.
                                                             terminated. A written notice given to the employee
    The teacher or Union may then file a grievance
                                                             no later than twenty-five (25) school days prior to
    with the Principal. If the Principal does not
                                                             May 20 unless the cause for such action specifically
    resolve the grievance, the teacher or the Union
                                                             arises after this date shall precede such notification
    may then file a grievance at the Office of
                                                             of non-renewal. This notice shall contain the
    Superintendent level. If the grievance is not
                                                             reasons for considering non-renewal of the
    resolved at that level, the teacher or the Union
                                                             employee’s contract and should be interpreted to
    may request arbitration by the Bishop of the
                                                             include but not be limited to the evaluation reports
    Diocese, or his designee. In those matters
                                                             and notices of deficiency. Non-renewal of a non-
    which, in the sole and absolute discretion of the
                                                             tenured employee may be appealed to step 2 of the
    Bishop of the Diocese, concern serious and/or
                                                             grievance process. The decision at that step shall be
    public immorality and/or public rejection of
                                                             final.
    official doctrine and/or teachings of the Church

                                                   ARTICLE V
                                                    Seniority

                                                         3
A. School seniority is based on the length of
continuous service in St. Joseph High School.                E. St. Joseph High School administrators and
School seniority shall be calculated from the first          administrators in the Catholic Schools Office who
paid day of employment.                                      formerly taught at St. Joseph High School shall have
                                                             the right to return to the bargaining unit and upon
B. A newly hired employee having prior teaching              return they shall obtain full credit and benefits and
experience in any Catholic high school in the                school seniority for years of service both in their
diocese shall receive full credit for such experience,       teaching and administrative capacities. All rights
for salary purposes only.                                    under this clause shall cease three (3) years
                                                             following advancement to administration.
Any other newly hired employee’s salary shall be
determined by St. Joseph High School, although not           F. School seniority credit shall be given for
more than twelve (12) years credit for prior teaching        approved leaves of absence taken because of
experience can be given.                                     disability.

C. If an employee who has taught at St. Joseph               G. Previously acquired school seniority shall be
High School is rehired, he/she shall return with full        maintained for employees returning from other
salary increments and school seniority previously            approved leaves of absence.
acquired, provided the employee is rehired within
three (3) school years of prior service. Tenure              H. Rights of employees regarding military service
previously obtained will be restored after one (1)           shall be determined in accord with law.
year of satisfactory service.
                                                             I. A member of the bargaining unit who becomes a
D. Any employee who works at least one-half of               campus minister shall have the right to return to the
the employee work year or one full semester shall            bargaining unit and upon return he/she shall obtain
receive credit for a full year on the salary guide.          full credit and benefits and School and Bargaining
Any employee on an approved leave of absence shall           Unit Seniority for the years of service both in his/her
receive credit on the salary scale for time spent on         teacher and campus minister capacities.
leave. However, no more than one year of credit on
the salary scale shall be granted to an employee on
leave.

                                                   ARTICLE VI
                                                   Constriction
A. It may be necessary to reduce teaching personnel          laid off. All things being equal, seniority shall
due to a reduction in student enrollment, dropping or        prevail
changing courses by students or for other good
reason.                                                      D. The seniority of tenured employees is
    1. Such notification shall ordinarily be given           determined by the following criteria, in the order of
    by May 15.                                               priority:
    2. However, constriction may occur at a later                1. First day of work;
    date as conditions warrant.                                   2. Certification;
    3. Under no circumstances shall the principal                 3. Academic credentials (graduate credits);
    delay notification of any intended constriction.
                                                                  4. Evaluations;
B. All lay-offs shall conform to the provisions of                5. Date of hire; (contract signing date).
the contract unless otherwise mutually agreed to by
the Union and the School.                                    E. In the event of a reduction in force which
                                                             involves tenured employees, the School and the
C. In the event of a reduction in force, which               Union agree that the goals are two: (1) to recognize
involves only non-tenured employees, credentials,            and respect the length and quality of service of
evaluations, and evidence of ongoing formal                  tenured teachers at St. Joseph High School; and (2)
education shall be utilized to determine who shall be        to provide the highest level of quality education
                                                             possible according to Catholic principles.

                                                         4
Accordingly, where a non-tenured teacher and a               return shall be permitted only at the beginning of the
tenured teacher are qualified to perform the teaching        school year.
and other duties of a remaining position, the non-
tenured teacher shall be laid off before the tenured         J. All rights under this Article shall cease three (3)
teacher. Where two or more tenured teachers are              years following dismissal due to reduction in force.
qualified to perform the teaching and other duties of
a remaining position, the tenured teacher with more          K. If an employee who has taught at St. Joseph
school seniority shall be retained.                          High School is rehired, he/she shall return with full
                                                             salary increments and school seniority previously
F. A dismissal of a tenured employee based upon              acquired provided the employee is rehired within the
lack of qualification for available positions may be         time period set forth in paragraph J of this Article.
appealed in accordance with the grievance process.           Tenure previously obtained will be restored after one
A dismissal based upon the lack of seniority is not          (1) year of satisfactory service.
subject to appeal (although disputes over who is
senior are).                                                 L. The Superintendent shall seek to assist any
                                                             teacher at St. Joseph High School who wishes to
G. No new teachers will be hired to fill vacancies           teach in another Catholic high school. Requests for
until a constricted tenured teacher has been placed.         such assistance must be made in writing to the
If a constricted tenured teacher has not been placed         superintendent by April 30 of any school year.
by July 15th, the Superintendent shall seek to assist        Requests shall include preferred school(s) and
that teacher to be hired by another Catholic high            subject areas.
school.
                                                             M. A list of all known available openings in
H. If St. Joseph High School subsequently has a              Catholic high schools shall be sent to the Union by
position available for which a displaced, tenured            the 15th of May each year. Periodic updates shall be
teacher is qualified; he/she shall be offered that           given to all displaced tenured employees and the
position. If two (2) or more qualified displaced             Union as openings occur.
teachers apply for the open position, school seniority
shall prevail.                                               N. All lay-offs and the procedures involved shall
                                                             conform to the provisions of this contract. The
I. A tenured employee who accepted a position in             Union and the School shall mutually agree to
any other school due to a constriction at St. Joseph         exceptions.
High School shall be given the opportunity to return
to St. Joseph High School if a position for which            O. The principal shall meet with the Union
he/she is qualified becomes vacant, retaining                regarding the application of the procedures in this
previously held school seniority, provided that such         article

                                                 ARTICLE VII
                                              Grievance Procedure
A. Definition.                                                   giving rise to the grievance. The school
   A grievance is defined as an alleged violation,               principal shall meet with the employee and
   misinterpretation or misapplication of this                   his/her Union representative, if any, within ten
   Agreement.                                                    (10) school days following receipt of the
                                                                 grievance statement in order to discuss the
B. Procedure.                                                    grievance. The school principal shall submit a
   1. Step 1. Any employee having a grievance                    written reply within five (5) school days
   shall submit a written, signed statement on a                 thereafter.
   standard form to the school principal outlining
   the nature of the grievance, the specific section             2. Step 2. In the event that the school
   of the Agreement alleged to be violated,                      principal's reply is not satisfactory, or in the
   misinterpreted or misapplied and the remedy                   event that he/she does not submit his/her reply
   sought. This statement must be in the school                  within five (5) school days, the employee may
   principal's office within ten (10) school days                submit the grievance statement, along with the
   following the occurrence of or the common                     school principal's reply, if any, to the
   knowledge of the occurrence of the situation                  Superintendent of Schools. The statement must

                                                         5
be in the superintendent's office within five (5)             However, any additional costs shall be borne by
school days following either the aforesaid reply              the party incurring them.
or expiration of time to reply, as the case may                   The Arbitrator shall have no power or
be. The superintendent shall meet with the                    authority to add to, subtract from, alter or
employee and his Union representative, if any,                modify this Agreement.
within ten (10) school days following                             The decision of the Arbitrator shall be final
submission of the grievance statement in order                and binding on all concerned.
to discuss the grievance. Within five (5) school
days thereafter, the superintendent shall submit a        C. Grievance Processing.
written reply.                                               1. Every effort shall be made to resolve the
3. Step 3A. In the event that the                            problem at the local school level since all
superintendent's reply is not satisfactory, and the          concerned agree that such problems can best be
grievance is not contesting the suspension or                handled on a local level.
discharge of a tenured employee, the Union shall              2. All grievance meetings shall be held outside
inform the superintendent within ten (10) school              of the employee's normal school work hours at a
days. The grievance will be submitted to a                    time mutually agreed upon by those involved.
professional arbitrator from a panel of three
arbitrators with Catholic school arbitration                  3. Failure of the employee to file the grievance
experience for a hearing. Selection of the                    within the time limits specified at each step shall
arbitrator for the hearing will be by mutual                  result in a disallowance of the grievance.
agreement or by alternately striking names until              4. A teacher shall have the option of
one remains who shall then be the selected                    processing his/her grievance at any and all steps,
person.                                                       except arbitration, on his/her own, without the
    Within ten (10) school days from the date of              assistance and participation of his Union
the submission at (3A), the arbitrator shall                  representative if he/she so desires. In such event
convene a hearing at the School Office to hear                the representative shall receive copies of all
the grievance, within a reasonable period of                  written documents if the grievance would have
time.                                                         an effect on the Union or other employees.
     Within thirty (30) calendar days after the
hearing is closed, the arbitrator shall provide a             5. No reprisal of any kind shall be taken
written answer to the parties.                                against any employee who participates in the
    The costs of the arbitrator shall be borne                processing of a grievance or the Union
equally by the Schools and the Union.                         representative involved.
However, any additional costs shall be borne by               6. The grievance may be withdrawn by the
the party incurring them.                                     employee at any level. However, the Union
    The arbitrator shall have no power or                     shall have the option to continue such grievance
authority to add to, subtract from, alter or                  if it affects a group of employees.
modify this Agreement.
    The disposition of the grievance by the                   7. The disposition of any grievance at any step
arbitrator shall be final and binding on all                  which is agreed upon by the School and the
concerned.                                                    employee shall be final and binding on all
                                                              concerned, subject, however, to the option of the
4. Step 3B. In the event that the                             Union to process a grievance which affects a
superintendent's reply is not satisfactory, and the           group of employees.
grievance is contesting the suspension or
discharge of a tenured employee (except where                 8. The superintendent or the Union may
such suspension or discharge results from a                   request additional individuals to be present at the
teacher violating the teachings of the Roman                  grievance meeting as it is determined to be
Catholic Church), the Union may submit the                    necessary to assist in a full and fair grievance
grievance statement within ten [10] school days,              hearing.
along with any replies thereto, to the American               9. A grievance involving the dismissal of an
Arbitration Union (Philadelphia Office) for                   employee under tenure shall be initially
arbitration. The selection of the Arbitrator and              submitted at Step 2 of the Grievance Procedure.
the conduct of the arbitration hearing shall be in
accordance with the Union's rules.                        D. The Union may initiate at the level of the
    The costs of the Arbitrator shall be borne            superintendent a grievance regarding interpretation
equally by the Schools and the Union.                     of the contract provided there is an actual case. This

                                                      6
means that an employee or employees must have in             seeking advisory opinions shall not constitute a
fact been affected by an administrative decision             grievance.
under the contract. Assertions which in effect are

                                                ARTICLE VIII
                                              Teacher Assignments
A. No later than forty-five (45) calendar days
before the end of the school year, teaching and              F. Rosters may be modified as required by changes
service preference forms shall be distributed to all         in staff, changes in student population, dropping or
employees and returned no later than ten (10) school         changing of courses by students, or for other good
days thereafter. The talents and professional skills         reason.
and experience of the individual employee in
conjunction with the preference form choices shall           G. Employees shall not be assigned to teach
be considered. Where preference form choices are             subjects outside their field of competency
not assigned, the administrator and department head          (qualifications) unless agreed to in writing on the
at the local school shall, when requested, discuss the       prescribed form by the employee and the principal.
reasons. The administration’s decision is not subject        A copy will be forwarded to the Union.
to grievance.                                                Competency (qualifications) shall be determined as
                                                             demonstrated by academic background, which shall
B. The Department Head shall submit a                        mean eighteen (18) minimum semester hours of
recommendation to the Administration regarding the           college credit or teaching experience in the subject,
rotation of qualified persons within an academic             which shall normally mean two (2) years or more.
field in matters of assigning employees to special,
honor, voc-tech, and various track sections.                 H. A preparation is defined according to differences
                                                             in subject area, or course of studies.
C. No later than June 5, each employee shall
receive a tentative roster from the principal                I. No employee shall be assigned a course load
including subject, grade levels, track levels or any         requiring more than three (3) preparations, unless
special groupings. At this time the employee shall           section Q of this article prevails.
also be informed of his/her tentative service
schedule, if known. It must be understood that these         J. No employee shall be assigned more than
recommendations are tentative in nature and subject          three (3) consecutive periods i.e., two (2)
to change.                                                   instructional periods and one (1) service period
                                                             unless section Q of this article prevails.
D. Employees shall receive a complete roster no
later than two (2) weeks prior to Labor Day.                 K. No employee shall have a teaching load
Complete roster shall be defined to include:                 exceeding six (6) teaching periods in a two (2) day
     1. Subject area, grade level, track level, any          cycle.
     special grouping, and academically talented,
     accelerated, honor or seminar section.                  L. A preparation period is one during which the
    2. Service period assignments.                           employee is not assigned to a program
                                                             responsibility.
    3. Lunch period.                                             1. One (1) preparation period per day and one
    4. Preparation period.                                       (1) duty free lunch period per day, which is to be
                                                                 the same length as a teaching period, but not less
E. When the principal is developing employees’                   than 35 minutes, shall be rostered to each
rosters, he/she shall give consideration to the                  employee.
following elements:                                              2. An employee who volunteers to give up a
    1. Assignment of employees to teach subjects                 preparation period to teach a sixth class shall
    within their areas of competency, as                         receive one-sixth of his/her annual salary.
    demonstrated by college credits and/or teaching
    experience. Rosters, however, and their                  M. No employee shall be assigned a total teaching
    development, shall not be subject to the                 load more than 170 students excluding physical
    grievance procedure and the Principal’s                  education. No employee shall be assigned a class
    determination shall be final.                            larger than 35 students.

                                                         7
1. Physical education classes shall not exceed            agrees according to the provisions as outlined under
    53.                                                       the General Teaching Conditions, Section 1, in
                                                              which case the volunteer form shall accompany the
    2. Health classes shall not exceed 35.
                                                              roster, or in the cases of academic necessity in which
    3. Chemistry lab classes shall not exceed 33.             event, the Principal or his designee shall provide the
    4. Every effort will be made through improved             opportunity to discuss the situation with the
    scheduling to reduce individual class size further        employee concerned. Academic necessity shall be
    and to provide equity regarding class size.               understood as a unique situation where the
                                                              implementation of a requirement would result in
    5. St. Joseph High School will have three (3)             serious academic harm to a student or group of
    full class days at the beginning of each school           students. Academic necessity will only be applied
    year to rectify initial deviations from roster            after consultation with the Union.
    numbers, during which time such deviations will           An employee may agree to complete a volunteer
    not be subject to the grievance process. In the           form at the time he/she is informed by the
    absence of a signed volunteer form, any such              Administration of his tentative roster. If there are no
    deviations will be noted at the time that rosters         changes to the roster between this time and thirty
    are distributed.                                          (30) days prior to the opening of school, the signed
                                                              volunteer form shall remain in force.
N. Guidance counselors shall not be assigned more
than 400 students.                                            Q. When there are more than seven (7) students
Guidance counselors with more than 350 students               taking online courses during the school day, teachers
shall not be assigned teaching or service period              shall be assigned to supervise the students. Online
responsibilities.                                             courses shall not take the place of courses required
                                                              in the curriculum, but may be taken for Advanced
O. The librarian/media specialist shall have a lunch          Placement and other independent study courses.
period and one other break during the day.
                                                              Online courses will not be used to displace full-time
P. It is agreed that the requirements of this Article         teachers.
may be altered only where the employee voluntarily

                                                  ARTICLE IX
                                             Duties and Assignments
A. The school year shall not exceed one hundred-
                                                                  3. Detention monitoring shall be equitably
eighty (180) days, one (1) orientation day and two
                                                                  distributed among all faculty members and shall
(2) in-service days.
                                                                  not exceed three (3) times per year.
                                                                       a. The number of students shall not
B. The employee work day shall not exceed seven
                                                                       normally exceed thirty-five (35).
and one-half (7-1/2) hours per day, provided,
however, that employees may leave for the day                          b. An administrator shall be present in the
fifteen minutes after the dismissal of students from                   school during all detention monitoring.
the building at the end of the day and the completion             4. In no event will the employee be required to
of meetings (if any) and detention monitoring (if                 participate in faculty meetings or department
any).                                                             meetings beyond 3:30 p.m.
    1. All employees must sign in at least fifteen
    (15) minutes before the first bell and report to          C. On days when school is not held to allow
    their morning assignments at least ten (10)               attendance at professional meetings, and employees
    minutes before the start of the student schedule,         are required to attend these meetings, the St. Joseph
    where they will be available to students until the        High School shall make provisions for lunch and
    beginning of the morning homeroom period.                 provide reasonable reimbursement for parking upon
                                                              submission of a receipted bill.
    2. Employees shall not be assigned duties, but
    shall remain available, to students during the            D. Employees shall not be required to be present
    fifteen (15) minutes after dismissal of students at       for more than six (6) professional meetings a year
    the end of the day.                                       which may include parent-teacher conferences,
                                                              graduation, baccalaureate, and open house.

                                                          8
Employees may be assigned two (2) additional                 It is agreed that during service period supervision in
services duties a year outside the school day. These         the cafeteria setting at least one teacher will be
duties will be distributed equitably among all faculty       assigned per 100 students. During lunch periods no
members.                                                     teacher will be assigned to supervise more than 250
  1.     These meetings and duties shall not exceed          students. Where present practice exceeds these
  five (5) hours.                                            numbers, such practice shall continue.
  2.    No employee shall be assigned a meeting or           J. In the case of absence of five (5) or fewer
  duty, excluding graduation, on a Sunday.                   consecutive workdays, substitutions shall first be
                                                             assigned to employees who have been rostered to
E. An agenda and related printed material shall be
                                                             serve as substitutes during a specific period, which is
distributed, if possible, to employees at least 24
                                                             to be their service period.
hours prior to a faculty meeting or department
                                                                 1. If there are not personnel available under
meeting, as well as posted in the faculty room.
                                                                 Section J, then a member of the administration
F. Employees may indicate in writing their desire                or a para-professional substitute shall be utilized.
to place a specific topic on the agenda. The topic               2. If no teachers are available who have been
shall be included on the agenda of the next                      rostered for substitution during that period and
scheduled faculty meeting or department meeting                  after section J and J-1 have been exhausted, then
provided notice is given twenty-four (24) hours prior            substitutes may be drawn from other service
to the meeting. This request shall not be                        periods such as hall duty, lab prep, except where
unreasonably denied.                                             this will adversely affect the efficient operation
                                                                 of the School. If such substitutes are drawn from
G. A yearly calendar for St. Joseph High School                  cafeteria duty, an administrator shall be present
shall be published in September indicating holidays,             in the cafeteria for the entire period. (If any
school events, and meetings (especially faculty                  class level is not in session due to trips, class
meetings and parent-teacher meetings), examination               retreats, and end of year for seniors, etc the
dates and closing of marks. Holidays and necessary               teachers of those class levels will be utilized
changes to the yearly calendar will be published on              after employees assigned to substitution duties
the first of each month.                                         in Section J.)
Ten (10) half day post school general faculty                    3. The School will generate a list of volunteers
meetings will be scheduled at the beginning of the               willing to give up preparation period to be used
year. During evaluation periods (Middle States) the              as substitutes. Teachers who volunteer to give
committee meetings shall be scheduled at the                     up a preparation period may be assigned a
beginning of the year and shall not exceed one                   substitution during a preparation period if there
meeting per week.                                                is no other substitute available. A teacher
                                                                 assigned to substitution during a preparation will
H. A teaching period is one in which the employee                receive payment of $35.00 each time this occurs.
is actively teaching, either as an individual or a               This payment will be added to his/her check and
member of a Teaching Team. This shall usually be a               issued during the corresponding pay period.
seventy (70) minute period.
                                                                   The above notwithstanding, once the list of
     1. The above notwithstanding, schedule
                                                                   volunteers is exhausted, teachers who are not
     changes may be made upon recommendations
                                                                   on the list can be assigned.
     made by the Joint Committee.
                                                                 4. The Administration will keep records of
I. A service period is one in which the employee is              preparations assigned, and will send a monthly
assigned any professional duties other than teaching.            electronic summary to the Union President.
All attempts shall be made to create an evenly
distributed rotational schedule. They shall include,         K. In the case of an employee absence of more than
but not be limited to, study halls, cafeteria                three (3) consecutive workdays due to illness or
supervision, maintaining of classrooms, halls, and           other comparable circumstances, an administrator
teacher substitution.                                        may be utilized as a substitute or a professional or
                                                             para-professional substitute shall be hired.

                                                  ARTICLE X
                                                Leave of Absence

                                                         9
A. Sick Leave                                                     in accordance with law. Payment may be in
   1. All full time contracted employees shall be                 equal installments each year for four (4) years
   entitled to ten (10) sick leave days each year.                following retirement.
   Unused sick leave days shall be accumulated                    If a teacher dies while still employed as a
   from year to year with a maximum of 200 days                   teacher but who otherwise meets the criteria
   for the remaining years of the contract.                       for sick-day redemption, the School shall pay
   2. Each employee shall be provided a written                   to the estate of that teacher for any unused sick
   account of all accumulated sick days available to              days as outlined above.
   him/her by September 30th of each year of the
   contract.                                                 B. Bereavement Leave
                                                                1. All contracted employees shall be granted
   3. Sick leave is occasioned by the absence of                paid time off from three (3) days up to a
   an individual from duty because of illness,                  maximum of six (6) working days, as
   disability or injury. Employees who find it                  circumstances require, immediately following
   necessary to be absent must communicate with                 the date of death of members of the employee's
   their principal as early as possible to facilitate           immediate family. The immediate family shall
   alternative arrangements, which will need to be              be defined as husband, wife, child, father,
   made due to their absence.                                   mother, brother or sister.
   In the event of immediate family illness or
                                                                2. In the event of death of employee's
   emergency, once all personal days have been
                                                                grandparents, grandchild, mother-in-law, father-
   taken, an employee may take up to an additional
                                                                in-law, brother-in-law, sister-in law, or anyone
   five (5) days from the block of 10 sick days
                                                                else living in the employee's home, two working
   granted each year. The School reserves the right
                                                                days with pay shall be granted.
   to require appropriate documentation in regard
   to such use.                                                 3. All employees shall be granted one (1)
                                                                bereavement day per year for the death of
   4. A certificate from the employee’s doctor
                                                                someone not mentioned above. The day will be
   may be required prior to payment of sick leave
                                                                subtracted from the employee's accumulated
   where a teacher is absent for three (3)
                                                                sick leave days.
   consecutive days, absent for three (3) days in
   any calendar week, or where an absence is part               4. In all cases, to be eligible for such leave, the
   of a pattern of abuse or is indicative of a health           employee must give notice of absence to his/her
   problem.                                                     principal and the principal has the right to
                                                                request proof of the deceased's relationship to
   Any non-renewed employee who has two (2) or                  the employee.
   more days absence within one calendar week                   5. An employee shall not be entitled to
   following notice of non-renewal shall be                     bereavement leave if at the time of death in the
   required to provide medical documentation in                 family, the employee is on vacation, leave, or
   regard thereto in order to be paid.                          otherwise absent from work under any other
   5. If a secondary contracted employee transfers              provision of his/her employment contract.
   to a different Catholic Secondary School, as a
   full-time employee, he/she shall maintain all             C. Personal Leave
   accumulated and unused sick days, which were                 1. All secondary contracted employees shall be
   available to him/her at the time of transfer.                entitled to receive up to three (3) personal days
   6. Exclusively upon retirement under this                    with full pay per year for the purpose of
   Agreement, employees covered hereunder shall                 transacting or attending to personal, legal,
   be paid for unused accumulated sick leave days,              religious or business matters which require
   up to a maximum of 180 days for the remaining                absence during working hours. No more than
   years of the contract as follows:                            one (1) personal day may be used before or after
            at age 55 and after 20 years of service:            Thanksgiving, Christmas, and Easter breaks in
            $42.50 per day                                      order to extend vacations.
            at age 55 and after 25 years of service:            2. In the case of serious need, one additional
            $47.50 per day                                      sick leave day from the block of ten days
     At the employee’s option, the amount shall be              granted each school year may be used.
     deposited into the employee’s 401(a) account

                                                        10
3. As a condition of payment, it is mandatory                shall be unpaid except for the period of
   that at least five- (5) calendar day’s notice of             disability.
   intention to take a personal day be given to the             2. The childbearing leave of absence shall
   principal except in an emergency.                            extend for a period of one year from the date
                                                                when the leave commenced, or, at the option of
   4. The Principal may require additional
                                                                the employee, for a shorter period of time. The
   information from the employee concerning the
                                                                employee shall notify principal in writing by
   nature of the matter to insure that the time
                                                                June 1 if she plans to return by September 1 or
   requested properly falls within the terms of this
                                                                November 15 if she plans to return for the
   paragraph.
                                                                second semester.
   5. Personal days shall not accumulate from
                                                                3. When the requested date of return
   year to year.
                                                                substantially interferes with the continuity of
                                                                instruction, then the principal may adjust those
D. Professional Leave                                           dates to a more suitable time. The Union shall be
   Each employee shall have an opportunity to
                                                                notified in writing concerning any adjustment of
   attend one (1) professional day during the school
                                                                said dates. An employee returning from such
   year subject to the prior approval of the school             leave shall return to the same school and same
   principal. This professional day must be related             department, which she left without loss of
   to the teacher's classroom responsibilities. The             school seniority as previously acquired. In the
   employee shall make written application to the               absence of such a position, the employee shall
   principal according to published guidelines.
                                                                return to a position mutually agreed upon by the
   Principals may grant other professional days at              Union and the principal without loss of school
   their discretion.                                            seniority as previously acquired.
                                                                4. The substitute teacher hired as a replacement
E. Disability Leave                                             shall be notified at the time of employment with
   1. The School shall provide a Long Term                      this clearly stated on the employee's contract.
   Disability Plan in accordance with the attached
   exhibit.                                                  G. Child Rearing Leave
   2. The School shall not pay disability leave pay             An employee upon request may be granted up to
   during the summer months when schools are not                one-year leave of absence without pay for child
   in session.                                                  rearing. Notice must be given sixty (60) calendar
                                                                days prior to the date he/she wishes to
F. Maternity Leave                                              commence such leave, except in emergency. The
   In the event an employee desires a child bearing             commencement of the leave and the teacher's
   leave of absence in anticipation of, and prior to,           return, and all other aspects of the leave shall be
   any disability or inability to work due to her               governed by the provisions for unpaid leaves of
   pregnancy related condition, she shall notify the            absence.
   principal in writing of her intent to take a child
   bearing leave of absence. The notice must                 H. Adoption Leave
   contain information sufficient to verify the                 In the event that an employee adopts a child, he
   pregnancy including the expected date of                     or she shall apply to the principal at least thirty
   delivery. The notice must be given at least sixty            (30) days prior to the adoption except in cases of
   (60) days prior to the date the employee wishes              emergency for an adoption leave of absence
   to commence said leave except in case of                     which shall be for one (1) year following the
   emergency.Upon receipt of said notice, the                   date of adoption, but may, at the option of the
   principal shall confirm in writing the                       employee, be for a shorter period of time. The
   childbearing leave of absence.                               principal shall confirm in writing the adoption
   1. Sick leave and the Long Term Disability                   leave of absence. All restrictions and benefits
   Plan as outlined above may be utilized by an                 applicable to the childbearing leave shall be in
   employee on a childbearing leave upon                        effect during the adoption leave.
   certification by the employee's attending                 I. Unpaid Leave of Absence
   physician of the employee's disability by reason             1. An approved leave of absence without pay
   of pregnancy or pregnancy related conditions                 for a period not to exceed one (1) year may be
   during the period of the childbearing leave of               granted to a contracted employee who has
   absence. All portions of the childbearing leave              received tenure. Such leave may include, but

                                                        11
not be limited to, academic and curriculum                    acceptable reason for leave, the teacher must so
leave.                                                        advise the principal. If an employee fails to
                                                              obtain advance approval to work during the
2. Requests for such leave shall be made in
                                                              leave of absence as set out above, or if an
writing to the principal. Leaves of absence shall
                                                              employee falsifies his reasons for such a leave,
be granted at the discretion of the principal.
                                                              such employee shall be subject to immediate
3. A leave of absence may only begin on the                   termination at the discretion of the principal.
first day of the school year or on the first day of
                                                              12. Employees, who are on approved unpaid
the second semester. An employee may return
                                                              leaves as provided in this agreement, shall have
from leave only on the first day of the school
                                                              the option of continuing the medical health plan.
year or the first day of the second semester, but
                                                              The full cost of the plan will be borne by the
in no event more than one year from the
                                                              employee.
commencement of his leave.
                                                              13. The substitute teacher hired as a replacement
4. An employee seeking to return on
                                                              for a teacher on an approved leave of absence
September 1st must notify the principal no later
                                                              shall be notified at the time of employment with
than April 30th. An employee seeking to return
                                                              this clearly stated on the employee's contract.
on the first day of the second semester must
notify the principal by November 15th.                        14. Where applicable, the New Jersey Family
                                                              Leave Act and the Family and Medical Leave
5. An employee applying for a full year's leave
                                                              Act shall prevail.
of absence may return earlier, provided he/she
returns at the beginning of the school year or the
second semester and timely advises the                     J. Extended Leave
principal's office.                                           Due to accident or illness and after a period
                                                              equal to all sick leave days plus twenty-six (26)
6. All applications for a leave of absence must               weeks during the school year have been
be submitted by the employee to the principal no              exhausted, it may be necessary for an employee
less than sixty (60) calendar days prior to the               to be placed on extended unpaid leave. The
requested date of commencement of the leave.                  employee seeking such leave will supply the
7. While on leave of absence, an employee                     necessary medical verification, as well as the
shall not continue to accrue benefits. However,               expected length of time for the leave, to the
benefits already accrued shall not be lost, and               Principal. The extended leave will be granted for
upon return from leave shall be restored to                   up to one year; provided, however, that the
him/her.                                                      School shall have the right to terminate the
                                                              employee after one year from the date of the
8. Upon return from leave, an employee shall                  initial absence. The employee shall retain any
be placed at the salary step following that step              rights to benefits as outlined in this agreement.
which he/she was on while last working.                       1. When the requested date of return
9. Upon return from leave, an employee shall                  substantially interferes with the continuity of
return to the same department, which he/she left              instruction, then the principal may adjust those
without loss of school seniority as previously                dates to a more suitable time. The Union shall be
acquired. In the absence of such a position, the              notified in writing concerning any adjustment of
employee shall return to a position mutually                  such a date. An employee returning from such
agreed upon by the Union and the principal                    leave shall return to the same department, which
without loss of school seniority as previously                he/she left without loss of school seniority as
acquired.                                                     previously acquired. In the absence of such a
                                                              position, the employee shall return to a position
10. If the teacher has tenure prior to the                    mutually agreed upon by the Union and the
commencement of the leave of absence, upon                    principal without loss of school seniority as
his/her return from the leave, such tenure shall              previously acquired.
continue.
                                                              2. The substitute teacher hired as a replacement
11. A leave of absence shall not be granted                   for a teacher on an extended leave shall be
simply to allow a teacher to work for another                 notified at the time of employment with this
employer during such leave period. If the                     clearly stated on the employee's contract.
purpose of the requested leave is appropriate,
such as continuing education, and the teacher                 3. An employee on an extended leave shall
anticipates that he/she may work as part of the               have the option to continue the medical health

                                                      12
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