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    In less than four years, the Capizzi salary went from $155,500 to $168,318.2

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    In less than four years, the Capizzi salary went from $155,500 to $168,318.2

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    © All Rights Reserved
    Download as PDF or read online from Scribd
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    115 views123 pages

    Marc Capizzi's New Contract (July 2016)

    Uploaded by

    RC
    In less than four years, the Capizzi salary went from $155,500 to $168,318.2

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
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    of 123
    ARTICLE I. LABOR AGREEMENT BETWEEN. MARC A. CAPIZZI BOARD SECRETARY/BUSINESS ADMINISTRATOR, AND. ‘THE LODI BOARD OF EDUCATION FOR 2016-2017 FISCAL YEAR (HEALTH /DENTAL BENEFITS 1. Health Care Coverage “The Board shall provide heath insurance forthe Secretar/Business Administrator through the New Jersey School Employees Health Benefits Pin. The board wil carry the oblgetion of proving heath insurence coverage which fs equa fo or beter than SEHEP 25 of Jy 1, 2016, For the duration ofthis agreement, the Secretary/Business Administrator contribution wil be made in accordance with PL, 2011, Chapter 78, 2. Prescription Plan Effective September 1, 2015 the Board shall enter into the New Jersey School Employees’ Health Benefits Plan for Prescription ‘benefits. The Board shall pay the cost of premiums for coverage, ‘excluding each employee's contribution required in accordance with PAL. 201 Chapter 78. Said plan shal be $3 co-pay for generic prescriptions and $10 co-pay for brand name prescriptions. The co-pay amounts for mal order prescriptions shall be $5 for generic prescriptions and $15 for brand name prescriptions. The level of prescription benefits as it relate to all other aspects ofthe New Jersey School Employees’ Heath Benefits Plan for prescription overage willbe the same as is currenty in effect with the Board's existing prescription plan as of July 1, 2014. Expenses incurred by ‘employees for prescriptions shal not be submitted to the Major Medical Program. ARTICLE 11. ARTICLE 111, ARTICLE IV. ARTICLE V. 3. Dental plan ‘The board shall provide dental insurance coverage (Family plan) from the period July 1, 2016 through June 30, 2017. One hundred Percent (100%) ofthe premium of said dental plan shall be pad by the Lodi Board of Education in accordance with P.L. 2011, Chapter 78. ‘SICK DAYS. ‘The Lodi Board of Education shalt provide Shp Seciatay/Business ‘Administrator with fiteen (15) sitk days Atrually which shall be accumulative in accordance with state lav, VACATION DAYS ‘The Board Secretary/Business Administrator shall receive twenty-two (22) vacation days each school year which shall be taken within 12 ‘months of the school year in which they are earned. He may be Permitted to carry over a maximum of fifteen (15) days for upto one ‘ar. Any unused vacation days nat used by the end of the next succeeding schoo! year shall be forfeited and shall have no cash value. In the event of the Board Secretary/Business Administrator ‘death, payinent for the unused vacation days shall be made to the designated beneficiary. The per diem rate shall be calculated by ‘multiplying the annual salary by 1/260, PERSONAL DAYS ‘The Lodi Board of Education shall provide the Board, ‘Secretary/Business Administrator with two (2) personal days that ‘shall be non-accumuative, FUNERAL DAYS: ‘The Board Secretary shal be entitled to up to four (4) days at any time in the event ofthe death of any ofthe Secretary/Business ‘Administrators spouse, child, sorvin-law, daughter-in-law, father-in- law, mother-inlaw, brother, sister, brother inlaw, sister-in-law, ‘grandmother, grandfather, stepchid, stepmother, stepfather, Stepbrother, stepsister, alternative lifestyle partner, or any other ARTICLE VI. ARTICLE VI. ‘member of the immediate household. One (1) funeral day will be ranted for aunt, uncle, and grandparents:in-law. ‘The parties agree in principle that those days defined 2s funeral days, shall be granted on work days only. Funeral days shall be granted on work days only and shall be granted 23 followe: 2) Two (2) days prior to the funeral ) The day of the funeral ©) The fourth funeral day will bea foating day to be taken at the discretion of the employes, up to thirty (30) days after the funeral WORK YEAR “The work year for the Boerd Secretary/usiness Administrator of the ‘Lodi Board of Education shall begin July 1, 2016 and end June 30, 2017. The Board Secretary/Business Administrator is entitled to thirteen (13) Holidays as follows: Lebor Day Good Friday Thanksgiving Day Memorial Day Day after Thanksgiving Eebmuary 20 through February 24 ‘Chistes Day Tn leu of State & Federal holidy New Yea’'s Day Observances Independence Day ‘The Board Secretary/Business Adminstrator i entitled to twelve (12) Recess Days as follows: ‘November 10" & 11" ~Teacher Convention December 26" - December 30th ~ Winter Recess April 17° through April 21st ~ Easter Recess ‘SALARY ‘The Board Secretary/Business Administrator's salary shall be in accordance with the following schedule: 2016-2017 ARTICLE VIII. ARTICLE IX, ARTICLE X. ARTICLE XI. $168,318.00 PROFESSIONAL DEVELOPMENT “The Secretary/Business Administrator shall be ented to membership ‘at the Board's expense for professional dues in the following professional associations: NIASBO and Bergen County ASBO. The Secretary/Board Administrator also shall be entted to reimbursement for expenses incurred for attendance at professional conferences and similar expenses which he may incur while discharging the duties of Secretary/Business Administrator in accordance wlth P.L. 2007, c. 53, The Schoo! District Accountability Act and affliated regulations. (NJSA, 18A:11-12 and NICA. GA:23A-7, et sed.) Such reimbursements shall comply with ell éppicable provisions of state ‘and federal statutory and regula and. gufdance, and with board policy. The Secretary/Business Administrator shall be entitled to attend the annyal NISBAYIJASA/NIASBO Workshop and Convention and the anfval conference of the NJASAINISBA, Reimbursement or payment for such ‘expenses shall be made in accordance with PL. 2007, c. 53, The School District Accountability ‘Actand affliated regulations and board policies. (CELLULAR TELEPHONE {In accordance with Board Policy, the Board Secretary/Business ‘Administrator Is required to have a cell phone to be used for schoo! related business, The cell phone number shall be provided to the ‘Superintendent and other school staff members as determined by the Superintendent. In consideration for the cell phone requirement, the Board will compensate the Board Secretary/Business Administrator @ payment of forty dollars ($40) er month. Said payment will be made on a quarterly basi COMPLETE AGREEMENT ‘This Contract embodies the entire agreement between the parties hereto and cannot be varied except by written agreement of the lundersignes parues. Any modifications/changes to the contract must have the approval of the Executive County Superintendent prior to Board approval. REVOCATION ‘The Parties hereto agree that in the event the Business ‘Administrator's certification is permanent revoked, all provisions of this Employment Agreement shal be null and void as of the date of the revocation, and I the Business Administrator Is lawfully precluded from performing his duties by any Judgment, Order or direction oF ‘any court of competent jurisdiction or the Commissioner of Education, all_ provisions of this Employment Ageement shall terminate and the Business Administrator's employmert shall cease. ‘ARTICLE XI, SAVINGS CLAUSE If during the term of the Agreement, iti found that @ specific cause Of the contract is illegal under federal or state law, the remainder of this Agreement not affected by such a ruling shall remain in force. ARTICLE XU. MOI IN ‘The terms and conditions ofthis Employment Agreefent shal not be ‘modified except by the written consent of both Parties hereto and review and approval by the Executive County Superintendent. Any ‘amendments to this Employment Agreement shall not create a new agreement or agreement term but shall only constitute an ‘amendment tothe existing Employment Agreement. MN te ALE, Eft Marc A. Capiz i Date Poor Ser Busies Adrnaer 2 apie LY he AS Date Board Presklent Zebles yes lie mea Be ‘Superintendent of Schools PREAMBLE WHEREAS, the Lodi Board of Education (“Board”) desires to establish employment guidelines for those employees in the school district who are employed as Registered Nurses, and WHEREAS, the Board does not give up any of its managerial rights as an employer, and WHEREAS, itis understood that the employment of the Registered Nurses will continue to be guided by the terms and conditions of their individual employment contracts, and WHEREAS, itis understood that these guidelines do not convey any additional rights upon the Registered Nurses other than what they already possess by virtue of their individual employment contracts, and WHEREAS, it is further understood that the Registered Nurses remain at will ‘employees of the Board, NOW THEREFORE THE PARTIES AGREE that the Board will provide the Registered Nurses with the benefits detailed in these guidelines during their employment with the Lodi Public School District and for the period September 1, 2016 through June 20, 2019. ARTICLE 1 WORK YEAR 1. The Registered Nurses shall be ten (10) month employees and shall work no: more than 184 days. If the lenath of the work year changes for teachers, then: the length of the work year shall also change for the Registered Nurses. 2. The Registered Nurses shall not be required to work on days when student attendance is not required due to inclement weather. 3. ‘The Registered Nurses shall work the same calendar year as teachers. ARTICLE 2 SALARIES METHOD OF PAYMENT 1, Registered Nurses shall be paid on a ten (10) month basis in twenty (20) ‘equal payments on a semi-monthly basis. 2. Registered Nurses may individually elect to have ten percent (10%) of their ‘monthly salary deducted from their pay. These funds shall be deposited in the South Bergen Teachers’ Federal Credit Union, 3. When a pay day falls on or during a school holiday or vacation, the Registered Nurses shall receive their paychecks on the last previous working ay. 4. Each Registered Nurse shall receive her final pay and the pay schedule for the following year on her last working day in June when all professional ‘obligations are fulfilled. 5. Salaries for the Registered Nurses shall be as follows: 2016-2017 2017-2018 2018-2019 $47,145.00 $48,276.00 '$49,435.00 8, TUITION PLAN In order to implement a philosophy of encouraging educational improvement, the Lodi Board of Education shall offer the Registered Nurses of the Lodi School District an Educational Credit Payment Plan. The Board of Education shall pay the cost of approved educational credits taken at an accredited institution, subject to the following: 1 Course must be graduate level Courses to be taken and institutions to be attended must be approved by the Superintendent of Schools prior to registering for these courses. ‘Teacher must earn a grade of "B* or better in order to receive tuition reimbursement, Upon completion of courses, an official transcript must be submitted to the office of the Superintendent of Schools indicating satisfactory completion of courses no later than 90 days after the courses have been completed, ‘The payment shall not include books, registration or student fees, laboratory fees, etc., butis limited to payment for credits only. . Payment shall be limited to no more than eighty ($80.00) dollars in the first year of contract and eighty ($80.00) in the second and third year Per credit for twelve (12) credits maximum per year provided such ‘courses have been satisfactorily completed. Payment shall be made in 2 reasonable time period, /. Tuition reimbursement shail be made only after the teacher beings his/her fourth (tn) year under contract, Tuition reimbursement for ‘any credits taken in the fist three years of service will not be given, ‘Teachers who are on an unpaid leave of absence for an entire school year shall not be eligible for tuition reimbursement for courses taken uring said absence, ‘The teacher shall obtain approval from the Superintendent of Schools Prior to enrollment in any course for which reimbursement is sought. In the event the Superintendent denies the approval, the teacher may appeal the denial to the Board of Education. The tuition assistance of additonal compensation shall be provided only fora course or degree telated to the teacher's current or future job responsibilities. The only exception to this clause will be for those teachers enrolled in a master’s or doctoral program or an educational leadership program that was approved by the Superintendent forthe fall semester of 2011 or a prior semester. In these cases all courses necessary for competion of that degree will be approved for reimbursement as will lateral movement upon completion of necessary credits/degree change ARTICLE 3 SICK LEAVE 1. Registered Nurses shall be entitled to ten (10) sick days per school year. Unused sick days may be accumulated from year to year with no maximum limit. Upon retirement, resignation or termination, the Registered Nurses shall not be ‘entitled to any pay for any unused, accumulated sick days. 2. Attendance incentive: Any Registered Nurse who uses no sick leave days in any school year shall accrue an additional personal day for the following school year. If that additional day is not used in that school year, it will be lot. ARTICLE 4 ‘TEMPORARY LEAVES OF ABSENCE ‘A. Personal Days Registered Nurses shall be entitled to two (2) days leave of absence for personal, legal business, household or family matters which requires absence during school hours. The Registered Nurses must apply for permission to use a personal business day to the principal of the school or other immediate supervisor at least five (5) days before taking such leave, except in case of emergency. No personal days may be used during the ‘months of September or June. No personal days may be used on the cay before or after a holiday or vacaton. Any unused personal days shall be converted to sick time and subsequently added to the bank of sick leave, 8. Bereavement Days Registered Nurses shall be entitled up to four (4) days at any one time in the event of death of the employee's spouse, child, gon-in-law, daughter-in-law, parant,father-in- lays, mother-in-law, brother, sister, brother-in-law, sister-in-law, grandmother, ‘grandfather, stepchild, stepmother, stepfather, stepbrother, stepsister, alternative lifestyle partner, or any other member of the immediate household. Ore (1) funeral day shall be granted for aunts, uncles or grandparents-in-law, Those days termed “funeral days” shall be granted only on those days when school isin session. 6 ARTICLE 5. INSURANCE PROTECTION 1, Health Care Coverage ‘The Board shall provide health insurance for all employees through the New Jersey School Employees Health Benefits Plan, The board will carry the Cbiigation of providing health insurance coverage which is equal to or better than the SEHBP as of July 1, 2013. For the duration of this agreement, the employee contributions will be made in accordance with P.L, 2011, Chapter 2. 2. Complete Annual Coverage For each Registered Nurse who remains in the employ of the Board for the full school year, the Board shall make payment of insurance premiums to provide insurance coverage for the full twelve (12) month period commencing September 1% and ending August 31%, When necessary, payment of premiums on behalf of the Registered Nurse shall be made retroactively or prospectively to assure uninterrupted participation and coverage. 3. Prescription Plan Effective September 1, 2015 the Board shall enter into the New Jersey School Employees’ Health Benefits Plan for Prescription benefits. The Board shall Pay the cost of premiums for coverage, excluding each employee's contribution required in accordance with P.l. 2011 Chapter 78. Said plan shall be $3 co-pay for generic prescriptions and $10 co-pay for brand name prescriptions. The co-pay amounts for mail order prescriptions shall be $5 for generic prescriptions and $15 for brand name prescriptions. The level of Prescription benefits as it relates to all other aspects of the New Jersey Schoo! Employees’ Health Benefits Plan for prescription coverage will be the same as is currently in effect with the Board's existing prescription plan as of July 1, 2014. Expenses incurred by employees for prescriptions shall not be submitted to the Major Medical Program, 4. Dental Pian ‘The Board shall continue to provide dental coverage insurance and shall pay full premium costs in accordance with P.L. 2011, Chapter 78 for each Registered Nurse, and in cases where appropriate, for family coverage. 7 ARTICLE 6 UNIFORM ALLOWANCE Registered Nurses shall be entitled to receive up to two hundred ($200) dollars for the reimbursemen: of the purchase of uniforms or lab coats and nursing shoes annually IN WITNESS WHEREOF, the parties hereto have set their hands and seals, the day and year first above written, NURSES, Lop! By: BY Barbara Lucas PERS c Cangialosi Superiftendent of Schools Dennifer Chayka agar Mariana Date: May 29, 2013 Mare Capi From: Frank Quatrone Sent Fay, ne 17.2016 1223 PM ce Jennifer Chaya; Lisa Cangialos: Elgar Mariano; Marc Capiz Subject: Re: non certified school nurses i Barbar, Thanks to you and the aurses for your help! Yes, those are the terms and eondlions ofthe agreement that we discussed, We will develop the new agreement after we reeeive Board approval a the Jane meeting. Thanks again On Fri, Jun 17, 2016 at 10:57 AM, Barbara Lucas “barbara lo 2. > wrote Der Mr. Quatrone, Since our lst phone conversation on June Sth, have emailed and spoken io al the non certified urges in the dlistiet and we are in agreement of the changes vo the 2016-2019 labor agreement we spake about, Ty be clear, the non ceric nurses agree tothe Follow will ake efleetat the beginning of the new agreement that starts with the ceaneldes atthe end ofthe 2018-19 sehool year. wy changes to the eurent labor agreement, These 2016-17 sehool year and |. The addition of Tuition reimbursement w our agreement: The same Tuition reimbursement package that the Lodi Board ef education offers the eettfied nurses and teachers as per their sonra 42 change ofa pay increase trom 2% (0 2.4% each year othe new labor agreement in ecognition of Our Work both in our own tuleings and forthe internal substitutions that we provide when called upon todos, Vw look forward to hearing from you again soon and to sign this new agreement. ‘Thank you for taking the tie to ear our concerns. sincerely, Barbara Lucas (withthe séitiona support of Lisa Canals, Jenifer Chayka, and Edgar riano) sank guateone tou 12... AGREEMENT BETWEEN THERESA TOZZI, SENIOR ACCOUNT CLERK AND LODI BOARD OF EDUCATION 2016 — 2017, 2017-2018, 2018 - 2019 TABLE OF CONTENTS PREAMBLE ARTICLE I RECOGNITION ARTICLE II NEGOTIATION PROCEDURE ARTICLE IIT GRIEVANCE PROCEDURE ARTICLE IV EMPLOYEE RIGHTS ARTICLE V PRINCIPLE CLERK'S RIGHTS: PRIVELEGES & RESPONSIBILITIES ARTICLE VI EMPLOYEE WORK YEAR ARTICLE VII WORK SCHEDULE ARTICLE VIII EMPLOYMENT PROCEDURES ARTICLE 1X SALARIES ARTICLE X EMPLOYMENT PRACTICES ARTICLE XI COMPLAINT PROCEDURE ARTICLE XII SICK LEAVE ARTICLE XIII TEMPORARY LEAVES OF ABSENCE Personal School Visitation Legal Death Board of Education Act of Compassion ARTICLE XIV EXTENDED LEAVE OF ABSENCE ARTICLE XV PROTECTION OF EMPLOYEES, STUDENTS & PROPERTY ARTICLE XVI INSURANCE PROTECTION ARTICLE XVII PERSONAL FREEDOM ARTICLE XVIII MISCELLANEOUS PROVISIONS ARTICLE XIX BOARD RIGHTS ARTICLE XX PERSONNEL SCHEDLE A SALARY GUIDE ARTICLE XXI DURATION OF CONTRACT 10 10 10 2 3B 15 15 15 15 15 16 16 18 19 a a 2 23 24 25 PREAMBLE This agreement entered into by and between the LODI BOARD OF EDUCATION of the State of New Jersey (hereinafter referred to as the "Board, and Theresa Tozzi, Senior Account Clerk of the State of New Jersey (hereinafter referred to as the "Senior Account Clerk’ WHEREAS, The Board and the Senior Account Clerk have an obligation, pursuant to Chapter 123, Public Laws, 1974, to negotiate with respect to the terms and conditions of employment and WHEREAS, the parties have reached certain understandings which they desire to confirm in this Agreement; therefore, BE IT RESOLVED, in consideration of the following mutual covenants, its hereby agreed as follows: ARTICLE I RECOGNITION A. UNIT ‘The Board hereby recognizes Theresa Tozzi, Senior Account Clerk, as the exclusive and sole representative for negotiation concerning grievances and terms and conditions of employment for her whether under contract, on leave or employed by the Board, such personnel being specifically identified as Senior Account Clerk. B, DEFINITION OF EMPLOYEE Unless otherwise indicated, the term employee, when used hereinafter in this agreement, shall refer to Theresa Tozzi, Senior Account Clerk, in this negotiating unit as above defined. ARTICLE IL NEGOTIATION PROCEDURE . The party agrees to enter into collective negotiations over a successor Agreement in accordance with Chapter 123, Public Laws 1974, in good-faith effort to reach ‘agreement on matters concerning the terms and conditions of employment. Such ‘negotiations shall begin not later than October 1 of the calendar year preceding the ‘calendar year in whch this Agreement expires. Any Agreement so negotiated shall apply to the employee, be reduced to writing, adopted and signed by the Board and the Senior Account Clerk .. During negotiations, the Board and the Senior Account Clerk shall present relevant data, ‘exchange points of view and make proposals and counter proposals. The Board shall make available to the Association for inspection the following records, data and information of the Lodi School System: a budget report, an audit report, a complete lst ‘of employees’ names, salaries and step on guide. Neither party in any negotiations shall have any control over the selection of the ‘negotiating representatives of the other party. The party is clothed with all necessary power and authority to make proposals, consider proposals, and make counter proposals. in the course of negotiations. ). The Board agrees not to negotiate concerning said employee in the negotiating unit as defined in ARTICLE 1 of this Agreement, with any organization or individual other than the Senior Account Clerk for the duration of this Agreement, “This agreement incerporates the entire understanding of the parties on all matters which were the subject of negotiation. 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 (oF both of the parties at the time they negotiated or executed this Agreement. ‘The Board and the Senior Account Clerk agree that all money matters to be negotiated in the new contract be resolved no later than December 31 of each year, if possible. . A stenographer may be selected to keep minutes of the proceedings, if agreed by both parties; he/she shall not be considered to be part of either negotiating team and the cost of the stenographer shall be shared equally by the Board and the Senior Account Clerk. |. This Agreement shal not be modified in whole or in part by the parties except by an instrument in writing duly executed by both parties. ARTICLE III GRIEVANCE PROCEDURE ‘A. DEFINITION 1. A “grievance * is a claim by an employee or the Senior Account Clerk based upon the interpretation, application, of violation ofthis Agreement, policies or administrative decisions affecting an employee. 2. An "aggrieved person” is the person making the claim, 3. A”party in interest” is the person making the claim and any person who might be required to take action or against whom action might be taken in order to resolve the claim. B. PROCEDURE L Both parties agree that these proceedings will be kept as informal and confidential {as may be appropriate at any level of the procedure. Since it is important that drievances be processed as rapidly as possible, the number of days indicated at each level should be considered as a maximum and every effort should be made to expedite the process. The time limits specified may, however, be extended by ‘mutual agreement. ._In the event a grievance is filed at such time that it cannot be processed through all the steps in this grievance procedure by the end of the school year and, if eft Unresolved until the beginning of the following school year, could result in itreparable harm to 2 party in interest, the time limits set forth herein shall be reduced so that the grievance procedure may be exhausted prior to the end of the school yeer or as soon thereafter as is practicable. 1. Level One: Board Secretary/Business Administrator ‘An employee with a grievance shall first discuss it with his/her principal either irectly with the objective of resolving the matter within twenty(20) school days of its occurrence or when knowledge of the grievance would reasonably be expected. In the event the grievance is not resolved within five(S) school days of oral presentation, the grievance shall be stated in writing and submitted to the principal 10 later than ten(10) school days from oral presentation. The written notice of Grievance shall include the date(s) of the alleged grievance, a precise explanation of, article(s), rolicy(fes) and/or administrative decision(s) claimed to be violatec, misinterpreted and/or misapplied and by whom. The written explanation shall describe the adverse effect, loss or damage and the remedy sought. 4. Level Two: Superintendent of Schools If the aggrieved person is not satisfied with the disposition of his/her ‘grievance at Level One, or if no decision has been rendered, the grievance may be submitted in writing to the Superintendent within ten (10) school {days of the submission of the written grievance to the Principal. The Superintendent shall schedule a hearing within five (5) school days of receipt Of the grievance. 5. Level Three: Board If the agarieved person is not satisfied withthe disposition of the grievance at Level Two, or if no decision has been rendered within five (5) schoo! days after the grievance was heard by the Superintendent, he/she may within five (5) schoo! days after a decision by the Superintendent of ten (10) school days after the orievance was heard by the Superintendent whichever is sooner, refer itto the Board. Within ten (10) school days after receiving the written grievance, the Board shall make arrangements for a meeting to hear and Consider the grievance. The Board shall render a decision on the matter ‘within twenty (20) school days after receipt ofthe grievance, 6. Level Four: Arbitration If the aggrieved person is not satisfied with the disposition of his/her grievance at Level Three, he/she may within twenty (20) school days after the decision by the Board request in writing that the Senior Aecount Clerk submit his/her grievance to arbitration, ‘Within ten(10) school days after such written notice of submission to arbitration, the Board and the Senior Account Clerk shall obtain a ‘commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such commitment within the specified Period, a request for a list of arbitrators may be made to the American ‘Arbitration Association by either party. The partes shall then be bound by the rules and procedures of the Public Employment Relations Commission in the selection of an arbitrator. ‘The arbitrator so elected shall confer with the Board and the Senior Account Clerk and hold hearings promptly and shall issue his/her decision not later than twenty (20) days from the date of the close of hearings or, if oral hearings have been waived, then from the date the final statements and proofs on the issues are submitted to him/her. “The arbitrator's decision shall be in wrting and shal set forth his/her findings of fact, reasoning and conclusions on the issues submitted. The arbitrator shall be without power or authority to make any decision, which requires the Commission of an act prohibited by law or whichis violating ofthe terms of this Agreement, The decision of the arbitrator shall be submitted tothe Board and the Senior Account Clerk and shall be binding with reference to arievances concerning the alleged misapplication, misinterpretatior or Violation ofthe Agreement commencing Tulyt, 2608. Advisory arbitration shall continue tobe the fina step for al other grievance of Board rolicy and administrative decisions. ‘The cost for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses, and the cost of the hearing room shall be borne equally by the Board and the Senior Account. Clerk, Any other expenses incurred shall be paid by the party incurring the same. \C. RIGHTS OF EMPLOYEE TO REPRESENTATION No reprisals, restraints, interference, coercion, discrimination, intimidation of any kind shall be taken by the Board of Education by any member ofthe _adminstration or by the Senior Account Clerk against any partyin interest, any representative, or any other participant in the grievance procedure by reason of such garticipation. D. MISCELLANEOUS 1 Decisions rendered at Levels One, Two, and Three of the grievance procedure which are unsatisfactory to the aggrieved person shall be in writing setting for the decision. and reasons and shall be transmitted promptiy to all parties in interest All documents, communications and records dealing with the processing of a grievance shall be filed in a separate grievance file and shall not be kept in the personnel file of any of the participants. . All meetings and hearings under this procedure shall not be conducted in public and shall include only such parties in interest and their designated representatives, heretofore referred to in this Article Beyond Level Three (Board) 2 grievance will not be processed if it applied to the following: a. Inthe matters which according to law are beyond the scope of Board authority. '. Pending the final outcome of a grievance, the aggrieved shall continue under he divection Of Une Board and/or Administration, ARTICLE IV EMPLOYEE RIGHTS ‘A. Pursuant to Chapter 123, Public Laws 1974, the Board hereby agrees that every employee of the Board shall have the right freely to organize for the purpose of engaging in negotiations or to refrain from such activity. The Board undertakes and ‘agrees that it shall not directly or indirectly discourage or deprive or coerce any employee in the enjoyment of any rights conferred by Chapter 123, Public Laws 1974, or other laws of New Jersey or the constitution of New Jersey and the United States: that they shall not discriminate against any employee with respect to hours, wages or any terms or condition of employment by reason of his/her membership or non- membership in activities. B. Nothing contained herein shall be construed to deny or restrict to any employee such rights as he/she may have under New Jersey School Laws or other applicable laws and regulations. The rights granted to employees hereunder shall be deemed to be in addition to those provided elsewhere, C. No employee shall be disciplined, reprimanded, reduced in rand or compensations or deprived on any professional advantage without just cause. Any such action asserted by the Board, or any agent or representative thereof, shall be subject to the grievance. procedure herein set forth D. Wherein any employee is required to appear before the Superintendent, Board or any committee, member, representative or agent thereof concerning any matter which could adversely affect the continuation of that employee in his/her office, position or employment or the salary of any increments pertaining thereto, then he/she shall be

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