- 3 -
AGREEMENT
between
THE TOWNSHIP OF HILLSBOROUGH
and
THE HILLSBOROUGH TOWNSHIP PUBLIC WORKS EMPLOYEES ASSOCIATION
BLUE COLLAR UNIT
JANUARY 1, 2002 THROUGH DECEMBER 31, 2005
ERIC M. BERNSTEIN & ASSOCIATES, L.L.C.
Two North Road, P. O. Box 4922
Warren, New Jersey 07059-4922
732-805-3360
732-80503346 (Fax)
TABLE OF CONTENTS
ARTICLE PAGE
PREAMBLE 3
I RECOGNITION 3
II DUES CHECK-OFF 3
IIA AGENCY SHOP 4
III MANAGEMENT RIGHTS 5
IV MAINTENANCE OF WORK OPERATIONS 6
V SAVE HARMLESS CLAUSE 6
VI PROBATION 7
VII HOURS OF WORK & OVERTIME 7
VIII SENIORITY, PROMOTIONS, JOB VACANCIES & TRANSFERS 8
IX GRIEVANCE PROCEDURES 9
X OVERTIME 12
XI VACATIONS 12
XII HOLIDAYS 14
XIII LONGEVITY 15
XIV PERSONAL LEAVE 15
XV HEALTH BENEFITS 16
XVI REST PERIODS 17
XVII SICK LEAVE 17
XVIll OCCUPATIONAL INJURY 19
XIX NON-PAID LEAVES OF ABSENCE 19
XX JURY LEAVE 20
XXI BEREAVEMENT LEAVE 20
XXII MILITARY LEAVE 21
XXIII BULLETIN BOARD 21
XXIV ASSOCIATION REPRESENTATIVES 21
XXV ACCESS TO PERSONNEL FILE 22
XXVI RULES & REGULATIONS 23
XXVII EMERGENCY 23
XXVIII LATENESS & ABSENCE 23
XXIX MEMBERSHIP PACKETS 24
XXX WORK UNIFORMS 24
XXXI CALL-BACK TIME 25
XXXII WAGES 25
XXXIII DISABILITY INSURANCE 27
XXXIV SEPARABILITY & SAVINGS 27
XXXV FULLY BARGAINED AGREEMENT 27
XXVI TERM OF AGREEMENT 27
This Agreement, made this day of , 2004, by and between THE TOWNSHIP OF HILLSBOROUGH, a municipal corporation of the State of New Jersey (hereinafter referred to as the "Township") and the HILLSBOROUGH TOWNSHIP PUBLIC WORKS EMPLOYEES ASSOCIATION, (hereinafter referred to as the "Association").
NOW THEREFORE, it as agreed as follows:
ARTICLE I
RECOGNITION
A. The Township hereby recognizes the Association as the exclusive representative for collective negotiations concerning wages, hours of employment and other terms and conditions of employment as set forth herein for all Blue Collar employees in classifications appended hereto as Appendix A who are employed by the Township, excluding all supervisors, managerial executives, confidential employees, and all other employees except such additional classifications as the parties may later agree to include.
B. Unless otherwise indicated by the contents of this Agreement, the title "employee" shall be defined to include all bargaining unit members, the plural as well as the singular, and to include males as well as females.
ARTICLE II
DUES CHECK-OFF
The Township agrees to deduct from the salaries of its employees subject to this Agreement dues for the Association members. Such deductions shall be made in compliance with N.J.S.A. 52:14-14-19(e), as amended. Said monies together with records of any corrections, shall be transmitted to the Association office on or before the 15th of the month following the month in which deductions were made.
If there shall be any change in the rate of membership dues during the life of this Agreement, the Association shall furnish to the Township written notice 30 days prior to the effective date of such change.
The Association will provide the necessary check-off authorization forms and the Association will secure the signatures of its members on the forms and deliver the signed forms to the designated Township officials, as provided in N.J.S.A. 52:114-15 (e) as amended. The Association shall indemnify, defend and save the Township harmless against any and all claims, demands, suits or other forms of liability that may arise out of or by reason of action taken by the Township in reliance upon the salary deduction authorization cards submitted by the Association to the Township, or any action taken by the Township under the provisions of the Article.
Any and all dues deduction notifications to the Township, pursuant to this Article, whether it be the initial notification or notice of a change, shall be forwarded to the appropriate Township official(s) on Association letterhead and signed by the appropriate Association official(s).
ARTICLE IIA
AGENCY SHOP
A. Any new employee(s) who do not join within thirty (30) days of initial employment within the unit, and any employee previously employed within the unit who does not join within thirty (30) days of re-entry into employment within the unit shall, as a condition of employment, pay a representation fee to the Association.
B. All employees covered by this Agreement who are presently members of the Association will continue to at least pay a representation fee to the Association, as set forth in this Article, for the duration of the Agreement. All employees covered by this Agreement who remain in their current position and who are not members of the Association may continue not being members of the Association for the duration of the contract and will not be required to pay the representation fee, in accordance with State law, for the duration of the Agreement. All employees covered by this Agreement who are hired after December 1, 1985, as a condition of their employment, must at least pay the agency shop representation fee, as set out in this Article.
C. The representation fee shall be in an amount equal to eighty-five (85%) of the regular Association membership dues, fees, and assessments as certified to the Employer by the Association.
D. The Association may revise its certification of the amount of the representation fee at any time to reflect changes in the regular Association membership dues, fees and assessments.
E. It is understood that a person paying a fee under an agency shop agreement may obtain a rebate for that portion of his fee which is used for partisan political or ideological purposes.
F. The Association shall establish and maintain at all times a demand and return system as provided by N.J.S.A. 34:13A-5.5 (c) and 5.6, and membership in the Association shall be available to all employees in the unit on an equal basis at all times, except as noted above. In the event the Association fails to maintain such a system, or if membership is not so available, the Township shall immediately cease making said deductions.
G. The Association shall indemnify, defend, and save the Township harmless against any and all claims, demands, suits or other forms of liability that may arise out of or by reason of action taken by the Township under the provisions of this Article.
H. Any and all agency shop deduction notifications to the Township pursuant to this Article, whether it be the initial notification or notice of a change, shall be forwarded to the appropriate Township official(s) on Association letterhead and signed by the appropriate Association official(s).
ARTICLE Ill
MANAGEMENT RIGHTS
A. The .Township hereby retains and reserves unto itself, without limitation, all powers, rights, authority, duties and responsibilities conferred upon and vested in it prior to the signing of this Agreement by the Laws and Constitution of the State of New Jersey and/or of the United States, including, without limiting the generality of the foregoing and not limited to, the following rights:
1. Executive, management and administrative control of Township government and its properties, facilities, and activities of its employees who utilize personnel methods and means of the most appropriate and efficient manner possible as may from time to time be determined by the Township.
2. To make rules of procedure and conduct, to improve methods and equipment to determine work schedules and shifts, to decide the number of employees needed for any particular time, and to be in sole charge of the quality and quantity of the work required.
3. The right of management to make such reasonable rules and regulations as it may from time to time deem best for the purposes of main-taining order, safety and/or the effective operations of the Township, and after advance notice thereof to the employees, the right to require compliance of the employees is recognized.
4. To hire all employees, to promote, transfer, assign, and/or retain employees in positions within the Township covered by this Agreement.
5. To suspend, demote, discharge or take any other appropriate dis-ciplinary action against any employee covered by this Agreement for good and proper cause according to law.
6. To lay off employees covered by this Agreement in the event of lack of funds or under conditions where continuation of such work would be inefficient and non-productive.
7. The Township reserves the right, with regard to all the conditions of employment not reserved, to make such changes as it deems desirable and necessary for the efficient and effective operation of the Township.
B. The exercise of the foregoing powers, rights, authority, duties and responsibilities of the Township, the adoption of policies, rules, regulations, codes of conduct, and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this Agreement and then only to the extent that such specific and express terms hereof are in conformance with the Constitution or Laws of the State of New Jersey and/or of the United States.
C. Nothing contained herein shall be construed to deny or restrict the Township of its rights, responsibilities and authority under N.J.S.A. 40:1-1 et. seq., N.J.S.A. 40A:1-1 et. seq., or any other National, State, County, or Local laws or regulations.
ARTICLE IV
MAINTENANCE OF WORK OPERATIONS
A. The Association and employees covered by this Agreement hereby covenant and agree that, for the duration of this Agreement, neither the Association nor any person acting on its behalf shall authorize or support any strike (i.e. the concerted failure to report for duty or willful absence of any employee from his position, or stoppage of work, or absence in whole or in part, from the full, faithful and proper performance of the employee's duty of employment), work stoppage, slow-down, walk-out or other illegal job action against the Township.
B. In the event of a strike, slow-down, walk-out or job action, it is covenanted and agreed that participation in any or all such activities by the employee shall be deemed grounds for discipline including possible termination of such employee(s), which discipline may be imposed by the Township.
C. The Association and its members hereby agree that it will make every reasonable effort to prevent people covered by this Agreement from participating in any strike, work stoppage, slow-down, or other activity aforementioned or supporting any such activity by any other employee or group of employees of the Township, and that the Association will publicly disavow each action and order all such members who participate in such activities to cease and desist from same and immediately return to work, and take such other steps as may be necessary under the circumstances to bring about compliance with this Agreement.
D. Nothing contained in this Agreement shall be construed to limit or restrict the Township in its rights to seek and obtain such judicial relief as it may be entitled to have in law or in equity for injunction or damages or both, in the event of such breach by the Association or its members.
ARTICLE V
SAVE HARMLESS CLAUSE
The Association agrees to indemnify and hold the Township harmless against any and all claims, suits, orders, or judgments brought or issued against the Township as a result of any action by the Township under the provisions of this Agreement.
ARTICLE VI
PROBATION
A. All newly-hired employees shall be subject to a three (3) month probationary period. The purposes of said probationary period is to enable the Township to evaluate the employee's work performance and conduct in order to determine whether or not the employee merits permanent employment status. If, at any time during or at the end of the probationary period, the conduct and/or performance of the employee is found to be unsatisfactory, the Township has the right to terminate the employee. The decision of the Township regarding the termination of employees who are probationary in status shall not be subject to the grievance procedure nor shall probationary employees have any other recourse in law or equity.
B. Notwithstanding the aforesaid, the Township Committee may, in its sole discretion, determine that there is a need for an additional three (3) month probationary period for a particular employee and assign said employee such additional period. In the event that such extension shall be given to an employee, and the Township later determines the employee has met the appropriate standards, the Township may, in its sole discretion, end the probationary period at any time, giving said employee the status of a permanent employee from the end of the first three (3) month period.
C. Personal days, vacation benefits, holiday pay, and any other employee benefits given to permanent employees under this contract, will begin to accrue for probationary employees after the three (3) months of service with the Township, but cannot be taken until after permanent status is obtained unless approved by the Township Administrator or designee. However, there are benefits given to permanent employees, which may also be granted to probationary employees during their term of probation as set forth in this Agreement.
D. During said first three (3) month period of probation, the employee shall not have any of the employee benefits given permanent employees unless set forth in this Agreement.
E. Probationary employees with three (3) or more months of service are eligible for holiday pay.
ARTICLE VII
HOURS OF WORK AND OVERTIME
A. The work week shall consist of five (5) consecutive days. For payroll purposes, the work week shall commence every Monday morning at the employee's regularly scheduled starting time.
B. The Township reserves the right to institute a standardized forty (40) hour work week for
all employees covered under this Agreement.
ARTICLE VIII
SENIORITY, PROMOTIONS, JOB VACANCIES & TRANSFERS
A. Definitions
1. Seniority is defined as an employee's length of service with the Township beginning with the employee's latest date of commencing work with the Township.
2. Newly appointed probationary employees shall have no seniority and shall not be eligible for seniority in terms of this Agreement until they have com-pleted the probationary period, seniority shall accumulate until there is a break in the employee's service.
3. A break in service occurs when an employee resigns, is discharged for cause, is on leave of absence, exclusive of sick leave, retires, or is laid off. An employee who is reinstated after a break shall commence their seniority as of the date of their return without any concern toward their prior service.
4. For purposes of this Agreement, an employee who is absent without leave for five (5) consecutive days or who fails to notify the Township re-garding a return from any leave of absence, including sick leave, shall be considered to have resigned from Township employ.
B. 1. If new jobs are created or if vacancies occur of at least a thirty (30) day duration, the Township shall determine the qualifications required for such position.
2. The Township agrees to post a notice of any new job or vacancy on the Association bulletin board for a period of five (5) working days. Such notice shall contain a description of the job, hours of work, rate of pay and location, and when the job shall be available. Employees who are interested, in order to be eligible for such job, must sign the notice. Any employee who fails to sign the notice shall not be eligible for the vacancy or position in question. Preference will be granted on the basis of departmental seniority for Blue Collar positions, provided that the applicant has the necessary skills and ability to perform the work required as determined by the Township. However, all other employees are eligible to bid. If a bidder is a successful applicant for the position in question, said employee will be notified by a memorandum; and, thereafter, a notice will be placed on the bulletin board within five (5) working days after the expiration of the five (5) working days required for the posting of such notice.
C. Any employee so selected to fill such job shall be granted a training period of sixty (60) calendar days. If it shall be determined by the Township during this period that the employee is unqualified to perform the duties to which he is promoted, the Township shall place the employee in his former position or a position equivalent thereto. The promoted employee shall receive the rate for the job in question as of the day that person begins the training period. If removed from the position, during or at the end of the training period, the employee in question shall then receive the rate of the position to which the employee is assigned following his removal.
D. All permanent employees shall be given a forty-five (45) day written notice prior to layoffs. In the event of a layoff, Blue Collar workers with the most departmental seniority will have preference provided that they have the requisite qualifications, skills and ability to perform the work available. The determination of whether an employee has the requisite qualifications, skills and ability to perform the work available shall be within the sole discretion of management. Such determinations shall not be unreasonable, arbitrary, capricious or discriminatory.
E. The Township shall draw up an initial seniority list within thirty (30) days after the signing of this Agreement and such list will be posted on the Association bulletin board at that time. All employees covered by this Agreement who object to the said list shall inform the Township of said objections within thirty (30) days after the posting of such list. At the end of the thirty (30) day period, the list shall be binding on all employees. The seniority list will be updated every six (6) months.
ARTICLE IX
GRIEVANCE PROCEDURES
A. A grievance is a claim by an employee based upon and limited to an alleged violation of the express terms and conditions of this Agreement. Notwithstanding the above definition of "grievance", any dispute involving the following shall not be subject to this procedure:
1. Any matter, which, according to law, is beyond the power of the Township or the Township Committee.
2. Matters which have a specific remedy in law.
B. It is understood that the grievant shall, during and notwithstanding the pendency of any grievance, continue under the direction of his or her superintendent and supervisors, perform all assignments and adhere to all policies, procedures, rules and regulations of the Township, until such grievance and the effect thereof shall have been fully determined.
C. The purpose of this procedure is to secure at the lowest possible level, an equitable settlement of the problems which may arise affecting the terms and conditions of this Agreement. The parties agree that this procedure will be kept as informal as may be appropriate. Nothing contained herein shall be construed as limiting the right of any employee having a grievance to discuss the matter informally with any appropriate member of the department, and having the grievance adjusted without the intervention of the Association.
D. Failure by management to communicate a decision at any step within the time limits set forth in the procedure shall be deemed a denial of the grievance and the grievance shall go to the next higher step.
E. Failure by the employee or the Association at any step to appeal the grievance to the next step within the specified time period shall be deemed a forfeiture of the right to process the grievance to the next higher step.
F. Steps of the Grievance Procedure.
The Steps shall be followed in their entirety unless any step is waived by mutual consent:
STEP ONE
1. An aggrieved employee shall institute action under this provision hereof, in writing, within twenty-one (21) calendar days of the occurrence of the grievance and an earnest effort shall be made to settle the differences between the aggrieved employee and his supervisor for the purpose of resolving the matter informally. Failure to act within the said twenty-one (21) calendar days shall be deemed to constitute an abandonment of the grievance.
2. The supervisor, or his designee, shall render a decision in writing within fourteen (14) calendar days after the grievance is first presented to him, if it cannot be handled informally.
STEP TWO
If the grievance has not been resolved through Step One, the grievance shall be presented in writing to the department head, or his designee, within seven (7) calendar days after the supervisor's response is due. The department head shall respond in writing within seven (7) calendar days. In the event, the supervisor and the department head are the same individual, Step Two will be omitted and the matter will proceed to Step Three.
STEP THREE
If the aggrieved wishes to appeal the decision of the department head, or his designee, the grievance should be presented to the Township Administrator or his designee, within seven (7) calendar days after receiving the department head's or his designee's decision. The Township Administrator or his designated representative shall schedule a meeting to review the matter and shall present a decision, in writing, within fourteen (14) calendar days after the receipt of such grievance.
STEP FOUR
If the grievance is not settled through Step Three, then the grievant may petition for final resolution of the grievance directly to the Township Committee. The request for resolution shall be filed in writing, with the Township Clerk within seven (7) calendar days of the receipt of the Step Three decision. The Township shall then arrange a mutually acceptable time for a grievance hearing within fourteen (14) calendar days after the receipt of said request. The Township Committee shall hear only one (1) grievance on only one (1) issue per hearing. No multiple grievance hearing will be permitted unless by written consent of the Association and the Township prior to the commencement of the hearing. The Township Committee shall render a written decision within thirty (30) calendar days after the hearing.
STEP FIVE
1. If the grievance is not settled at Step Four, the matter may be referred by the Association to arbitration within fifteen (15) working days of the decision at Step Four. An arbitrator shall be selected in accordance with the procedure of the Public Employment Relations Commission. For purposes of this Step Five of the Grievance Procedure, working days shall be defined as Monday through Friday, whether or not the employee works a Monday through Friday schedule.
The decision to refer a grievance to arbitration pursuant to this Step Five shall be within the sole discretion of the Association; the individual grievant(s) per se may not pursue a grievance beyond Step Four.
2. Unless the parties agree otherwise, no more than one (1) issue shall be presented to an arbitrator in any single case.
3. The fees and expenses of the arbitrator shall be borne equally by the parties. Any other expenses incurred by the parties, including but not limited to the presentation of witnesses, shall be borne by the party incurring same.
4. The arbitrator shall be bound by the terms and conditions of this Agreement and shall not have any power to add to, subtract from, or in any way modify any of the terms of this Agreement.
5. The decision of the arbitrator shall be in writing with reasons therefore and shall be binding up on the parties, subject however, to any applicable statutes and case law available to the parties.
6. Association Representation at the Grievance Procedure:
The employee may, at his option, be represented by the shop steward and/or the local president at Steps One through Three of the grievance procedure, and by the shop steward and/or local president and the Hillsborough Township Public Works Employees Association representative at Step Four.
7. Either the Township or the Association may waive any steps of the grievance procedure, but said waiver can only be done in writing and with the consent of the other party in question.
8. The time limits set forth herein shall be strictly adhered to. If any grievance has not been initiated within the time limits specified, the grievance shall be deemed to have been waived. If any grievance is not processed to the next succeeding step in the grievance procedure within the time limits prescribed, then the disposition of the grievance at the prior step shall be deemed to be conclusive. Nothing herein shall prevent the parties from mutually agreeing to extend or contract the time limits provided for processing the grievance at any step in the grievance procedure.
ARTICLE X
OVERTIME
1A. Employees covered under this Agreement who work a forty (40) hour workweek will be entitled to be paid overtime at a rate of time and one-half (1-1/2) times the employee's prevailing rate of work done in excess of forty (40) hours in each week. Paid holidays, paid sick days and paid vacation days may be counted toward the forty (40) hours for purposes of overtime with the number of hours per day being assigned to said paid leave days equalizing the number of hours in the employee's normal workday.
1B. Employees who are required to work when the municipal building is closed due to an emergency will be paid overtime at the rate of time and one-half (1-1/2) times the employee's prevailing rate of work.
1C. Effective March 1, 2004, double time will be paid for every hour worked after sixteen (16) consecutive hours worked.
2A. The hourly rate, for purposes of overtime, is to be determined by dividing the employee's established base salary by 261 or 260 (depending on the year).
2B. In computing compensation for purposes of overtime, the nearest one quarter (1/4) hour shall be the smallest fraction of an hour to be reported.
3. A rotating overtime list will be utilized. Enforcement of this list will be through the grievance procedure.
ARTICLE XI
VACATIONS
A. All permanent employees shall be entitled to vacation leave based on their years of continuous service. Periods of a leave of absence without pay, except for military leave, shall be deducted from the employee's total continuous service for purposes of determining the earned credit for vacation leave.
Vacations with pay shall be granted to employees as follows:
From commencement of work to December 31st of the year of appointment:
An employee shall accumulate one (1) day a month after the first two (2) months of employment, but said vacation days or pay does not vest until employee has been employed six (6) months.
1 year through 5 years 10 working days.
Upon completion of 5th yr 15 working days.
Upon completion of 10th yr 20 working days
Upon completion of 20th yr 25 working days.
Requests for vacation leave between December 1st and April 1st must follow these procedures:
a. only two (2) employees per week can be out on vacation leave with a maximum of one (1) week of vacation each.
b. employees on vacation shall not be subject to call-back or emergencies unless a state of emergency is declared by the Governor.
B. An employee shall receive vacation time in accordance with the anniversary date in any calendar, regardless of when during the year the anniversary falls. If an employee leaves the employ of the Township in a year in which he changes steps in the vacation schedule, but prior to reaching his anniversary date, any extra vacation time taken but not yet earned will be owed to the Township and his pay will be adjusted accordingly. The rate of vacation pay for employees shall be the employee's regular straight time rate of pay in effect for the employee's regular job and the pay day immediately preceding the employee's vacation.
C. All vacations must be taken during the current year and may not be accumulated. However, if an employee is unable to utilize his full vacation entitlement because of needs of the Township, and with the approval of the Township Administrator, the employee shall be permitted to carry over a maximum of five (5) unused vacation days into the following year. The unused vacation carry-over must be taken during the year of carry-over or it will be forfeited.
D. All earned vacation credits which are not used due to retirement, retirement due to disability, or death, shall be paid to the employee or his next-of-kin on the retirement, disability retirement, or death of the employee.
E. All vacations must be scheduled and approved by the Township Administrator, or his designee. It is his responsibility to schedule individual vacations so that the activities of the Township may be carried out without interruption or inconvenience. Employees with seniority within the Township will be given first preference in assignments of vacations insofar as possible depending upon the departments in which the employee is working and the needs of the Township. In order to exercise seniority in vacation selection, all blocks of time or individual days must be scheduled between January 1st and March 1st. After March 1st, vacation time shall be scheduled on a first come basis.
F. In the event an employee has used vacation which was not earned, at the time of his resignation or termination, the Township shall be reimbursed for said unearned vacations days.
G. Pay in lieu of vacation will not be granted by the Township.
H. When an employee is out due to illness and has no accumulated sick leave to cover such illness, he may apply any unused vacation leave to cover said lost days due to illness.
I. Employees called back to work while on vacation shall receive pay at the rate of one and one-half (1-1/2) times the employee’s regular time for the period worked and another vacation day will be scheduled in accordance with the normal terms of the within policy.
ARTICLE XII
HOLIDAYS
A. There shall be fifteen (15) paid holidays during the term of this Agreement. The following days will be recognized as holidays under this Agreement:
New Year’s Day Labor Day
Dr. Martin Luther King Day Day after Thanksgiving
Lincoln’s Birthday Christmas Day
Washington’s Birthday Day preceding Christmas Day
Good Friday Columbus Day
General Election Day Thanksgiving Day
Memorial Day Veterans Day
Independence Day
B. In the event a holiday falls on a Saturday, it shall be celebrated on the preceding Friday.
C. In the event a holiday falls on a Sunday, it shall be celebrated on the following Monday.
D. Whenever a holiday falls during the time an employee is on a paid sick leave that day will not be charged against his sick leave.
E. Employees who are on leave of absence without pay will not be eligible for holiday pay.
F. In order to qualify for holiday pay, employees must work their scheduled work day immediately preceding and scheduled work day immediately following the holiday or holiday weekends unless on excused absence.
G. All authorized work performed on a holiday shall be paid for at double time the employee’s regular time plus that holiday pay to which the employee is entitled.
H. If a special holiday, not covered by this or any other contract/Agreement, is declared by the Mayor and the Township Committee, unit members shall be entitled to such holiday in addition to those listed in this Agreement.
ARTICLE XIII
LONGEVITY
A. All full-time Township employees, in addition to the annual salary, shall be paid with their base pay during each pay period longevity payments based upon the following scale:
Years Completed Percentage of Base Salary
Upon completion of 5 years 2% of base salary
Upon completion of 10 years 4% of base salary
Upon completion of 15 years 6% of base salary
Upon completion of 20 years 8% of base salary
B. There is hereby established a new longevity schedule for employees hired after May 23, 1995 as follows:
Years Completed Percentage of base salary
Upon completion of 5 years 1% of base salary
Upon completion of 10 years 2% of base salary
Upon completion of 15 years 3% of base salary
Upon completion of 20 years 4% of base salary
ARTICLE XIV
PERSONAL LEAVE
A. In regard to personal leave, the following regulations apply:
1. All personal days must be requested in writing at least two (2) full working days in advance except in cases of emergency.
2. All employees covered by this Agreement shall be eligible for three (3) days personal leave per year, with pay, for personal matters concerning the employees as delineated below.
3. Employees are required to submit a form provided by the Township and said granting of leave shall not interfere with the efficient operation of the Township.
4. One or more of the following categories are eligible reasons for taking personal days:
a. Death (except as indicated in Article XXI).
b. Court orders.
c. Religious observances.
d. Personal affairs of a non-recreational nature and personal affairs or professional
affairs which cannot be carried out after scheduled work hours.
B. Personal leave shall not be accumulated from year to year.
ARTICLE XV
HEALTH BENEFITS
A. The Township shall provide to each member covered under this Agreement full coverage as currently in existence. Coverage shall be extended to the entire family of the employee, including spouse, and all unmarried and unemancipated children, whether naturally borne or adopted and any step-children, who have not yet attained the age of twenty-three (23) years, and are actually members of the employee's immediate household.
B. Effective upon execution of the within Collective Bargaining Agreement, the new co-pays and deductibles for health insurance shall be as follows:
HMO
Co-Pay for Doctor’s visits $10.00
Prescription Co-Pay $ 5.00 for Generic
$10.00 for Brand Name
Emergency Room Co-Pay $20.00 In Area
$30.00 Out of Area
POS
Co-Pay for Doctor’s visits $15.00
Out of Network Deductible $125.00 Single
$250.00 Family
Traditional
Out of Network Deductible $125.00 Single
$250.00 Family
The above changes to the health insurance co-pays and deductibles shall be uniformly applied to all exempt employees, including department heads.
C. Effective January 1, 2004, a voluntary “opt-out/opt-down” plan for dual coverage employees shall be established for health and dental insurance with the employee receiving twenty-five percent (25%) of the applicable premium for such voluntary opt-out. Any employee who opts out in accordance with this Article XV(C) shall be given the opportunity to re-enroll during the open enrollment period and to automatically re-enroll if their spouse’s coverage is terminated. Prior to allowing an employee to opt-out, the employee must show proof of alternate insurance coverage. An employee who opts out for a period less than a full year shall be entitled to receive a pro-rata share of the applicable premium.
D The Township reserves the right to change insurance carriers and/or self-insurance so long as substantially similar benefits are provided.
ARTICLE XVI
REST PERIODS
A. Employees within this bargaining unit may take two (2) coffee breaks (one in the morning and one in the afternoon) of not more than fifteen (15) minutes each for each day of work at times scheduled by the immediate supervisor.
B. A rest period may not be used to cover an employee's late arrival to work or early departure, nor may it be regarded as accumulative if not taken.
C. Employees may take a coffee break of not more than fifteen (15) minutes after working more than three (3) hours during an emergency situation.
ARTICLE XVII
SICK LEAVE
A. Sick leave shall be defined as an absence of an employee from post or duty because of illness, accident, or exposure to contagious disease. An employee shall not be eligible for sick leave under this Agreement if the accident or injury occurs while the employee is being employed by a company or organization other than the Township of Hillsborough. Sick leave may be taken for illness of a member of the immediate family which is understood to mean spouse, children, or parent.
B. Regular, permanent full time salaried employees of the Township shall be eligible to accumulate sick leave on the basis of one (1) day for each month worked, to a maximum of twelve (12) days per year. In the first year of employment, employees shall be entitle to two (2) days of sick leave after they have worked for two (2) months and one (1) day of sick leave for each month thereafter. Sick leave credit shall not accumulate while an employee is on leave whether with or without pay. Part-time, temporary and probationary employees shall not be entitled to sick leave.
C. The Township may require proof of illness from the employee on sick leave where such requirement appears reasonable. Abuse of sick leave shall be cause for disciplinary action. In cases where illness is of a recurring or chronic nature, causing recurring absences of one (1) day or less, the Township reserves the right to require competent medical evidence at the Township expense to be submitted prior to the reinstatement of said employee and also reserves the right to have the employee examined by the Township physician before returning to duty.
D. NOTIFICATION
1. All absences due to illness or disability shall be reported immediately by or for the employees to the Township Administrator or the depart-ment head, or his designee, with the indication of the expected duration of such illness or disability. An employee shall notify his immediate supervisor within one-half (1/2) hour after the start of the regularly scheduled shift that the employee is going on sick leave.
2. Failure to report absences on the part of any employee may be cause for disciplinary action and may result in the employee's pay being docked for the day.
3. If an employee is unable to report such illness, a relative or other responsible person shall notify the Township of all pertinent facts.
4. Members of the Township covered by this Agreement, when sick or injured, shall be responsible for notifying their supervisors as to their place of confinement or any subsequent change in their place of confinement. If unable to report such, a relative or other responsible person shall notify the Department with all pertinent facts.
E. Sick days are not accumulated in advance of time earned. Sick leave not used in a calendar year shall accumulate into the following year, but no payment shall be made upon employee termination or at any time for unused sick leave which the employee has accumulated, except as hereinafter set forth.
F. When an absence due to illness or injury does not exceed three (3) consecutive days, normally the employee's statement of the cause will be accepted without a supporting statement by the attending physician. Any absence due to illness or injury in excess of three (3) consecutive days may, in the discretion of the Township Administrator, department head, or their designee, require a written statement from the attending physician. The Township also reserves the right to require the employee to be examined by the Township physician and certified as fit for duty before returning to work.
G. An absence due to illness on a Monday or a Friday or the day preceding or following a paid holiday may require written statement from the attending physician where the Township has previously notified the employee of such requirement. Except as otherwise provided by law, any employee covered by this Agreement who shall be absent from duty without just cause or leave of absence for the continuous period of five (5) days, shall cease to be an employee of the Township.
H. No employee, while on sick leave from the Township, shall be elsewhere or otherwise employed or engaged in any outside work or employment whatsoever.
I. The Township may, at its discretion, schedule medical examinations for all Township employees annually, or more frequently, if the Township deems it necessary.
J. Employees shall be permitted to accumulate unused sick leave during an employee’s tenure for purposes of receiving terminal pay at time of retirement only. Upon retirement of any employee, any accumulated sick leave shall be paid to the employee based on the rate of one (1) day’s compensation for each three (3) days of accumulated sick leave to a maximum of five thousand dollars ($5,000.00). If an employee dies prior to his retirement, the accumulated sick leave benefits due him shall be paid to his estate. The aforementioned provisions shall apply to employees hired prior to January 1, 1976 upon either retirement or termination.
K. Employees who at the end of the calendar year have not utilized any sick days during the preceding twelve (12) calendar months will receive a cash payment in January of $100.00. Those employees who have utilized three (3) or less days during the same time will receive a $50.00 cash payment.
L. Once all accumulated sick leave has been used for a sickness, the employee may apply any unused vacation leave to cover such sickness.
M. If an employee sustains an injury or illness, he will be continued without loss of pay for a maximum of one (1) year from the date of the disability or accident. An employee will be eligible for such leave of absence if it is due to a job injury as defined in the New Jersey Workers compensation Law. Payments which an employee receives pursuant to provisions of the Workers Compensation Law or temporary disability laws shall either be remitted to the Township or used as an offset to full salary payments.
N. Members of the Township who absent themselves in an improper manner shall be subject to disciplinary action being preferred against them.
O. Employees covered by this Agreement, under certain qualifications, will be entitled to receive a physical provided for the Township. Persons over the age of 40 will be entitled to receive one (1) physical per year paid for by the Township. Employees under the age of 40 will be able to receive one (1) paid physical every three (3) years. To be eligible for such physicals, employees must have such physical performed by the Township designated physician and must be cleared by the Administrator prior to the physical taking place. In addition, no other person, other than the employee, will be entitled to such physical and only while in the employ of the Township. Said request for physical must be in writing to the Administrator in order to be eligible to receive approval for such.
ARTICLE XVIII
OCCUPATIONAL INJURY
A. Any employee who is disabled because of occupational injury shall be granted a leave of absence with full pay. Employees who are absent in accordance with the above, due to a job injury as defined in New Jersey Workmen's Compensation Law, will be reimbursed to the date of the injury, when substantiated by the Township physician. Any amount of salary or wages paid or payable to such an employee for disability leave shall be reduced by the amount of Workmen's Compensation paid under the New Jersey Workmen's Compensation Act, for temporary disability. Such leave shall be limited to a maximum of one (1) year from the date of injury.
B. Employees returning from authorized leave of absence as set forth above will be restored to their original job classification and shift at the then appropriate rate of pay with no loss of seniority or other employee rights, privileges or benefits.
ARTICLE XIX
NON-PAID LEAVES OF ABSENCE
A. All leaves of absence without pay shall be at the discretion of the Township Committee.
B. Employees returning from authorized leaves of absence as set forth above will be restored to their original classification at the then appropriate rate of ay, with seniority continued retroactively, exclusive of the period of absence, and no loss of other employee right, privileges, or benefits, provided, however, sick leave, vacation leave, holiday pay and longevity shall not accrue.
ARTICLE XX
JURY LEAVE
A. Any permanent full-time employee covered by this Agreement who is required to serve on a jury, shall be granted a leave of absence with pay to serve on said jury. During the time that he is serving on said jury, the employee shall receive his pay from the Township. The amount of pay to be difference between full pay and jury pay. The employee shall be paid only for actual time required to serve on jury duty, and, if there are times the employee isn't scheduled for jury duty, then he must report for work. If excused before 11:00 am for that day, the employee shall report for work.
B. All requests for jury leave must be filed with the department head within three (3) days from receipt of the summons. Certification of jury service following jury duty shall be submitted to the department head and placed in the Personnel History file.
ARTICLE XXI
BEREAVEMENT LEAVE
A. In the event of death in the employee's immediate family, the employee shall be granted time off without loss of pay from the date of death or the day of the funeral, but in no event shall such leave exceed four (4) working days.
B. The term "immediate family" includes wife, husband, daughter, son, father, mother, brother, sister, grandfather, grandmother, grandchild, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, step-father, step-mother, step-brother, step-sister, step-child, domestic partner or relative who is regularly living in the employee's household.
C. All employees covered by this Agreement shall be entitled to one (1) work day leave without loss in pay to attend the funeral of anyone in the "non-immediate family" which is defined to mean aunt, uncle, niece or nephew.
D. But in no event shall employees be paid for more than eight (8) hours in any one work day and such bereavement leave pay shall be at employee's regular rate. Proof of death shall be submitted by the employee to the Township to qualify. If a member of the employee's family is buried outside the State of New Jersey and the employee does not attend said funeral, then the employee will receive only one (1) day's paid leave.
E. It is the intention of this Article that an employee will suffer no loss of regular pay for the time period specified above. In the event, however, the employee is already receiving payment in the form of vacation pay or other compensation from the Township, bereavement leave will not be granted.
ARTICLE XXII
MILITARY LEAVE
A. Any full-time employee covered by this Agreement who is a member of the United States Reserves, or a State National Guard, and is required to engage in annual active duty training, shall be granted a leave of absence in accordance with applicable State Law.
B. The employee shall be entitled to be paid the difference between his regular Township salary and his military pay, if the military pay is less than his regular base Township pay for the period of military leave.
C. Such leave shall not exceed fifteen (15) consecutive days of training.
ARTICLE XXIII
BULLETIN BOARDS
A. `The Township shall provide a bulletin board in the Blue Collar area for the purposes of Association business.
B. Notice of Association meetings, official Association business, Association social, recreational and educational events shall be the material posted by the Association. A seniority list of employees covered under this contract shall also be posted. Such notices shall be signed by an Association officer prior to posting and must be on Association letterhead. No notices of a political nature or notices disrespectful to the Township or officials of the Township shall be posted on said bulletin boards.
ARTICLE XXIV
ASSOCIATION REPRESENTATIVES
A. A representative of the Association shall be admitted to the premises of the Township.
B. The Township recognizes and shall deal with the accredited Association President or his designee in all matters relating to grievances and interpretation of this Agreement.
C. A written list of the Association Officials and Stewards shall be furnished to the Employer immediately after their designation and the Association shall notify the Employer promptly of any changes of such Association Stewards or Officials.
D. The Township agrees to recognize a maximum of two (2) Stewards selected by the Association. The Association President or his designee shall be granted a reasonable amount of time during regular working hours, without loss of pay, to present, discuss and adjust grievances with the Township, and the investigation and presentation of grievances in accordance with the provisions of the Agreement. Both parties agree that if it is necessary for the President or his designee to perform any of such duties during his work time, the President, or his designee shall be released from work by his supervisor when it is convenient to the Township and only to the extent necessary to make the investigation and for conferring with the Township representative. Neither the President nor his designee shall leave their work without first obtaining the permission of their division head, which permission shall not be unreasonably withheld.
E. The President or his designee is authorized to investigate, present, and process grievances on or off the premises, provided such activity is not disruptive of any work in which he is engaged and subject to the necessity of maintaining his schedule and not disrupting the schedule or manpower of any other member of the bargaining unit who may be involved in the grievance.
F. Any settlement of a grievance by the President or his designee and the employee's supervisor involved in the dispute shall be reviewable by the Township and the Association at the request of either, and no such settlement shall establish a precedent or conflict in any manner with the provisions of this Agreement.
ARTICLE XXV
ACCESS TO PERSONNEL FILE
A. An employee shall within five (5) working days of a written request to the Personnel Department, have an opportunity to review their personal folder in the presence of an appropriate official of the Personnel Department or its designee to examine any criticism, commendation or any evaluation of his work performance or conduct prepared by the Township during the term of this Agreement. They shall be allowed to place in such a file a response of reasonable length to anything contained therein.
B. The contents of the employee's personal history file shall not be made public unless required in disciplinary proceedings, by court order or by subpoena process in a judicial proceeding or as otherwise required by law.
C. Each regular written evaluation of work performance shall be reviewed with the employee and evidence of this review shall be the required signature of the employee on the evaluation form. Such signature shall not be construed to mean agreement with the contents of the evaluation unless such agreement is stated thereon.
D. The contents of a written evaluation of an employee shall not be subject to the grievance procedure, but said employee may confer with the Personnel Committee of the Township Committee and any determination by said Personnel Committee shall be non-grieveable.
E. The Township has established a log for each personnel file for employees covered by this Agreement which contains a list of all items in the personnel file and the date of inclusion. Said log shall continue to be maintained.
F. The Township shall maintain only one (1) set of personnel records and it shall be maintained by the Township Clerk.
G. Before any disciplinary action is placed in an employee’s personnel, said employee shall be notified of such action in the presence of an Association Steward or President if the employee so desires.
H. The Association Shop Steward shall receive a copy of all disciplinary letters placed in an employee’s personnel file.
ARTICLE XXVI
RULES AND REGULATIONS
A. Copies of all Rules and Regulations shall be posted on the bulletin board.
B. Where any rules, regulations or policies are in conflict with the express provisions of this Agreement, then the express provisions of this Agreement shall govern.
ARTICLE XXVII
EMERGENCY
A. In an emergency, each and every employee shall be subject to call for overtime duty and it is each employee's responsibility to cooperate and accept such overtime work, when required. Emergency is hereby defined as that period of time when the health, safety and general welfare of the public is in jeopardy.
B. The determination as to what conditions constitute an emergency will be at the discretion of the President, the Governor or the Mayor and/or their designee, and will not be subject to the grievance procedure.
C. Use of a plectron system will be put in place in case of emergency situations.
ARTICLE XXVIII
LATENESS AND ABSENCE
A. Employees have the responsibility to notify their supervisors prior to the beginning of their assigned shift if they are to be tardy or absent. A supervisor may be notified using the voicemail system. If, for some reason, the employee is unable to call prior to the beginning of his shift, he must make notification within the first one-half (1/2) hour of his assigned shift to advise them of the fact.
B If an employee fails to notify said supervisor that he is tardy or absent, he may be subject to discipline and/or the loss of pay for the period of time during which he is either tardy or absent.
ARTICLE XXIX
MEMBERSHIP PACKETS
A. The Association may supply kits or packets which contain information for distribution to new employees, including the role of the Association, the membership application and a copy of this Agreement, as well as other material mutually agreed to by the Township and the Association.
B. The Association agrees to distribute such membership kits or packets to new employees during the initial phase of employment but only during non-working hours.
ARTICLE XXX
WORK UNIFORMS
A. The Township will annually supply to all Blue Collar Workers new uniforms which shall consist of the following:
7 Shirts 7 Pair Pants
2 Coveralls (one could be insulated)
1 Knit Hat 1 Pair Rubber Boots
2 Pair safety shoes per year (see safety shoe allowance below)
1 Pair Rain Gear 1 Pair Gloves
1 Vest 1 Hooded Sweatshirt
2 Jackets
Safety shoe allowance:
2002 $300.00
2003 $300.00
2004 $300.00
2005 $300.00
B. The Township will annually provide a uniform cleaning allowance as follows:
2002 $375.00 per employee
2003 $375.00 per employee
2004 $375.00 per employee
2005 $375.00 per employee
C. The Township will provide eye and ear protection.
D. The Township will provide first aid/eye wash kits, fire extinguishers and hand wash in trucks.
E. The Township agrees to replace all uniforms that are worn out or damaged beyond repair during the course of duty if the road supervisor deems it necessary.
F. New employees will begin receiving uniform cleaning allowance upon completion of the probation period. Employees will receive the uniform cleaning allowance in quarterly installments. Quarterly installments will be paid during the first pay period in January, April, July, and October.
G. Employees leaving the Township's employment within 6 months of receipt of the annual uniform supply will be required to return that year's uniform supply in good condition. Such uniforms may be used for reassignment in a following year when agreeable to the Township and the Association.
H. The annual “boot/shoe allowance” as specified in Section B above shall be paid in full no later than the first pay period of February.
ARTICLE XXXI
CALL-BACK TIME
A. Any full time employee who is called back to work, which is not contiguous to their regular shift, shall be guaranteed a minimum of two (2) hours at time and one-half (1-1/2) pay. Such employee shall be required to work all hours, in addition to the two (2) hour minimum guarantee, which are required by the employees' supervisor.
B. When an employee is required to work more than four (4) hours past the normal work day, he/she shall be entitled to a one-half (1/2) hour non-paid break.
ARTICLE XXXII
WAGES
A. The Township will pay each employee at the end of each two (2) week period. Payroll shall be calculated on the number of work days in each year which this Agreement covers. Overtime earned in any one pay period will be paid at the next pay period.
B. The following five (5) categories of employees, as amended below, are utilized for the purpose of computing wages for the life of this Agreement:
1. Public Works Worker I through V
2 Public Works Worker GF
3. Equipment Operator I & II
4. Mechanic I & II
5. Senior Mechanic
C. Wages for employees of the Public Works Department shall be as follows:
PUBLIC WORKS WORKER 2001 2002 2003 2004 2005
Public Works Worker I $27,715 $27,715 $27,715 $28,815 $30,015
Public Works Worker II $30,669 $30,669 $31,370 $32,370 $33,370
Public Works Worker III $32,899 $33,600 $34,600 $35,600 $36,600
Public Works Worker IV $35,357 $36,932 $38,582 $40,307 $42,107
Public Works Worker GF $41,357 $42,657 $43,957 $45,257 $46,557
(Grandfathered)
EQUIPMENT OPERATORS AND MECHANICS
Equipment Operator I/ $42,887 $43,887 $44,887 $45,887 $46,887
Mechanic I
Equipment Operator II/ $46,680 $47,980 $49,280 $50,580 $51,880
Mechanic II
SENIOR MECHANICS: All Senior Mechanics shall receive $1,000.00 in addition to their regular pay per year at the discretion of the Public Works Director.
D. The salary increases listed above will be retroactive to January 1, 2002 for those members of the Association who were on the payroll as of July 1, 2003 or members who officially retired during the life of the contract prior to the payment of the retroactivity. Members who were on the payroll as of January 1, 2003 and terminated before July 1, 2003 will receive retroactive pay to January 1, 2003.
E. Individuals who have not reached the maximum step for either the new Public Works Worker IV or Equipment Operator II or Mechanic II shall receive the yearly salary increase(s) as of January 1, 2005; and, on the anniversary date of hire; or, the promotion date of a Public Works Worker to Equipment Operator or Mechanic, they will receive the applicable step increase. For example, an employee hired at PWW I on February 10, 2004 will receive their 2005 salary increase on January 1, 2005 and then the step increase on February 10, 2005.
F. All employees covered by this Agreement shall be reimbursed for the cost of the Commercial Drivers License and all subsequent renewals.
ARTICLE XXXIII
DISABILITY INSURANCE
The Township shall obtain from an insurance company authorized to do business in New Jersey a disability policy of insurance covering each employee and providing disability insurance equal to 50% of the employee's base salary and payable for a term of six (6) months, subject to a seven (7) day waiting period. The Township shall pay 100% of the cost of said policy.
ARTICLE XXXIV
SEPARABILITY AND SAVINGS
If any provision of this Agreement or any application of this Agreement to any employee or group of employees is held to be contrary to law, then such provision or application shall not be deemed valid, except to the extent permitted by law, and that all other provisions or applications of the Agreement shall continue in full force and effect for the duration of this Agreement.
ARTICLE XXXV
FULLY BARGAINED AGREEMENT
A. This Agreement incorporates the entire understanding of the parties on all matters which were or could have been the subject of negotiation.
B. During the term of this Agreement, neither party shall be required to negotiate with respect to any such matters whether or not within the knowledge or contemplation of either or both of the parties at the time they negotiated or executed this Agreement.
ARTICLE XXXVI
TERM OF AGREEMENT
A. This Agreement shall be effective as of the 1st day of January, 2002 and shall remain in full force and effect through the 31st day of December, 2005.
B. It shall be automatically renewed from year to year thereafter unless either party shall notify the other party in writing ninety (90) days prior to the anniversary date that it desires to modify this Agreement. In the event that such notice is given, negotiations shall begin not later than sixty (60) days prior to the anniversary date.
C. This Agreement shall remain in full force and be effective during the period of negotiations and until notice of termination of this Agreement is provided to the other party. In the event that either party desires to terminate this Agreement at the anniversary date, written notice must be given to the other party not less than ten (10) days prior to the desired termination date.
ATTEST: HILLSBOROUGH TOWNSHIP PUBLIC WORKS
EMPLOYEE ASSOCIATION
______________________________
______________________________
_________________________ ______________________________
ATTEST: TOWNSHIP OF HILLSBOROUGH
COUNTY OF SOMERSET
_________________________ ______________________________
Kevin Davis, Steven Sireci, M.D., Mayor
Acting Township Clerk
APPENDIX A---JOB TITLES
1. PUBLIC WORKS WORKER I, II, III, IV
2. PUBLIC WORKS WORKER GF(grandfathered and will be eliminated in its
entirety when the present title occupant vacates the position for any reason)
3. EQUIPMENT OPERATOR I - II
4. MECHANIC I - II
5. SENIOR MECHANIC |