Contracts

	Contract Between

	Ocean Cty Soc/Services Bd-Ocean

	- and -

	CWA Loc 1088

			* * *
	01/01/2006 thru 12/31/2008


	Category	County
	Unit	White Collar


	Contract Text Below	Printer Friendly Version (Requires Adobe Acrobat)

AGREEMENT

Between

THE OCEAN COUNTY BOARD OF SOCIAL SERVICES

And

THE COMMUNICATIONS WORKERS OF AMERICA
A.F.L. – C.I.O., C.L.C.

COVERING
PROFESSIONAL, PARA-PROFESSIONAL AND CLERICAL EMPLOYEES OF THE OCEAN COUNTY BOARD OF SOCIAL SERVICES

JANUARY 1, 2006 THROUGH DECEMBER 31, 2008

INDEX

ARBITRATION…………………………………………………………………………… 12-15

AUTOMOBILE ALLOWANCE…………………………………………………………. 23-24

BEREAVEMENT………………………………………………………………………… 25-26

COMPENSATION……………………………………………………………………….. 19

DENTAL INSURANCE………………………………………………………………….. 33-34

DONATED LEAVE………………………………………………………………………. 59

DUES DEDUCTION…………………………………………………………………….. 16

DURATION………………………………………………………………………………. 61

EDUCATION…………………………………………………………………………….. 20-22

EQUIPMENT AND SUPPLIES………………………………………………………… 41

FAMILY AND MEDICAL LEAVE………………………………………………………. 58

FINANCIAL RESTRICTIONS…………………………………………………………… 51

FULLY-BARGAINED PROVISION…………………………………………………….. 57

GRIEVANCE PROCEDURE…………………………………………………………… 9-15

HEALTH AND SAFETY COMMITTEE………………………………………………… 52

INDEX (continued)

HEALTH INSURANCE………………………………………………………………….. 33-35

HOLIDAYS……………………………………………………………………………….. 47-48

HOURS OF WORK……………………………………………………………………… 5-8

JOB POSTINGS………………………………………………………………………….. 37

LONGEVITY PAY……………………………………………………………………….. 49-50

LUNCH……………………………………………………………………………………. 5

MANAGEMENT RIGHTS……………………………………………………………….. 42-43

MILEAGE REIMBURSEMENT…………………………………………………………. 23-24

OVERTIME……………………………………………………………………………….. 5-6

PERSONAL LEAVE…………………………………………………………………….. 27-28

PERSONNEL FILES…………………………………………………………………….. 55

PRESCRIPTION INSURANCE…………………………………………………………. 33

PROMOTIONS…………………………………………………………………………… 37

RECOGNITION………………………………………………………………………….. 2-4

REPRESENTATION FEE……………………………………………………………… 17-18

INDEX (continued)

RETIREMENT-HEALTH INSURANCE………………………………………………… 33-34

RETIREMENT-SICK DAYS…………………………………………………………….. 29

SALARY SCHEDULES………………………………………………………… Appendix II

SENIORITY……………………………………………………………………………….. 36

SEVERABILITY AND SAVINGS……………………………………………………….. 56

SICK LEAVE……………………………………………………………………………… 29-30

TITLES AND RANGES………………………………………………………… Appendix I

TRANSFERS…………………………………………………………………………….. 54

TRANSPORTATION…………………………………………………………………….. 23-24

TUITION REIMBURSEMENT………………………………………………………….. 20-22

UNION LEAVE…………………………………………………………………………… 38

UNION REPRESENTATIVES………………………………………………………….. 39-40

VACATION LEAVE……………………………………………………………………… 31-32

VACATION PAY…………………………………………………………………………. 44

VISION CARE……………………………………………………………………………. 53

INDEX (continued)

WORK CONTINUITY……………………………………………………………………. 46

WORK-OUT-OF-CLASSIFICATION…………………………………………………… 45

TABLE OF CONTENTS

HYPERLINK \l "_Toc141170313" PREAMBLE PAGEREF _Toc141170313 \h 1
ARTICLE I HYPERLINK \l "_Toc141170315" RECOGNITION PAGEREF _Toc141170315 \h 2
ARTICLE II HYPERLINK \l "_Toc141170317" HOURS OF WORK PAGEREF _Toc141170317 \h 5
ARTICLE III HYPERLINK \l "_Toc141170319" GRIEVANCE PROCEDURE PAGEREF _Toc141170319 \h 9
HYPERLINK \l "_Toc141170320" ARTICLE IV HYPERLINK \l "_Toc141170321" DUES DEDUCTION PAGEREF _Toc141170321 \h 16
HYPERLINK \l "_Toc141170322" ARTICLE V HYPERLINK \l "_Toc141170323" AGENCY SHOP PAGEREF _Toc141170323 \h 17
HYPERLINK \l "_Toc141170324" ARTICLE VI HYPERLINK \l "_Toc141170325" COMPENSATION PAGEREF _Toc141170325 \h 19
HYPERLINK \l "_Toc141170326" ARTICLE VII HYPERLINK \l "_Toc141170327" EDUCATION PAGEREF _Toc141170327 \h 20
HYPERLINK \l "_Toc141170328" ARTICLE VIII HYPERLINK \l "_Toc141170329" TRANSPORTATION AND REIMBURSEMENT PAGEREF _Toc141170329 \h 23
HYPERLINK \l "_Toc141170330" ARTICLE IX HYPERLINK \l "_Toc141170331" BEREAVEMENT LEAVE PAGEREF _Toc141170331 \h 25
HYPERLINK \l "_Toc141170332" ARTICLE X HYPERLINK \l "_Toc141170333" PERSONAL LEAVE PAGEREF _Toc141170333 \h 27
HYPERLINK \l "_Toc141170334" ARTICLE XI HYPERLINK \l "_Toc141170335" SICK LEAVE PAGEREF _Toc141170335 \h 29
HYPERLINK \l "_Toc141170336" ARTICLE XII HYPERLINK \l "_Toc141170337" VACATION LEAVE PAGEREF _Toc141170337 \h 31
HYPERLINK \l "_Toc141170338" ARTICLE XIII HYPERLINK \l "_Toc141170339" INSURANCE PAGEREF _Toc141170339 \h 33
HYPERLINK \l "_Toc141170340" ARTICLE XIV HYPERLINK \l "_Toc141170341" SENIORITY PAGEREF _Toc141170341 \h 36
HYPERLINK \l "_Toc141170342" ARTICLE XV HYPERLINK \l "_Toc141170343" JOB POSTINGS AND PROMOTIONS PAGEREF _Toc141170343 \h 37
HYPERLINK \l "_Toc141170344" ARTICLE XVI HYPERLINK \l "_Toc141170345" UNION LEAVE PAGEREF _Toc141170345 \h 38
HYPERLINK \l "_Toc141170346" ARTICLE XVII HYPERLINK \l "_Toc141170347" UNION REPRESENTATIVES PAGEREF _Toc141170347 \h 39
HYPERLINK \l "_Toc141170348" ARTICLE XVIII HYPERLINK \l "_Toc141170349" EQUIPMENT AND SUPPLIES PAGEREF _Toc141170349 \h 41
HYPERLINK \l "_Toc141170350" ARTICLE XIX HYPERLINK \l "_Toc141170351" MANAGEMENT RIGHTS PAGEREF _Toc141170351 \h 42
HYPERLINK \l "_Toc141170352" ARTICLE XX HYPERLINK \l "_Toc141170353" VACATION PAY PAGEREF _Toc141170353 \h 44
HYPERLINK \l "_Toc141170354" ARTICLE XXI HYPERLINK \l "_Toc141170355" WORK OUT OF CLASSIFICATION PAGEREF _Toc141170355 \h 45
HYPERLINK \l "_Toc141170356" ARTICLE XXII HYPERLINK \l "_Toc141170357" WORK CONTINUITY PAGEREF _Toc141170357 \h 46
HYPERLINK \l "_Toc141170358" ARTICLE XXIII HYPERLINK \l "_Toc141170359" HOLIDAYS PAGEREF _Toc141170359 \h 47
HYPERLINK \l "_Toc141170360" ARTICLE XXIV HYPERLINK \l "_Toc141170361" LONGEVITY PAY PAGEREF _Toc141170361 \h 49
HYPERLINK \l "_Toc141170362" ARTICLE XXV HYPERLINK \l "_Toc141170363" FINANCIAL RESTRICTIONS PAGEREF _Toc141170363 \h 51
ARTICLE XXVI HYPERLINK \l "_Toc141170364" HEALTH AND SAFETY COMMITTEE PAGEREF _Toc141170364 \h 52
HYPERLINK \l "_Toc141170366" ARTICLE XXVII HYPERLINK \l "_Toc141170367" VISION CARE PAGEREF _Toc141170367 \h 53
HYPERLINK \l "_Toc141170368" ARTICLE XXVIII HYPERLINK \l "_Toc141170369" TRANSFERS PAGEREF _Toc141170369 \h 54

TABLE OF CONTENTS (continued)

HYPERLINK \l "_Toc141170370" ARTICLE XXIX HYPERLINK \l "_Toc141170371" PERSONNEL FILES PAGEREF _Toc141170371 \h 55
HYPERLINK \l "_Toc141170372" ARTICLE XXX HYPERLINK \l "_Toc141170373" SEVERABILITY AND SAVINGS PAGEREF _Toc141170373 \h 56
HYPERLINK \l "_Toc141170374" ARTICLE XXXI HYPERLINK \l "_Toc141170375" FULLY-BARGAINED PROVISION PAGEREF _Toc141170375 \h 57
HYPERLINK \l "_Toc141170376" ARTICLE XXXII HYPERLINK \l "_Toc141170377" FAMILY & MEDICAL LEAVE PAGEREF _Toc141170377 \h 58
HYPERLINK \l "_Toc141170378" ARTICLE XXXIII HYPERLINK \l "_Toc141170379" DONATED LEAVE PROGRAM PAGEREF _Toc141170379 \h 59
HYPERLINK \l "_Toc141170380" ARTICLE XXXIV HYPERLINK \l "_Toc141170381" WORKERS RIGHTS PAGEREF _Toc141170381 \h 60
HYPERLINK \l "_Toc141170382" ARTICLE XXXV HYPERLINK \l "_Toc141170383" DURATION PAGEREF _Toc141170383 \h 61
APPENDIX I TITLES AND RANGES…….………………………………………………….62

APPENDIX II - SCHEDULES "CC", "DD", "EE"……………………………………………63

PREAMBLE

WHEREAS the Ocean County Board of Social Services, Toms River, New Jersey, (hereinafter referred to as the "Board"), and the Communications Workers of America, A.F.L.-C.I.O. C.L.C. (hereinafter referred to as the "Union") are desirous of entering into an agreement for the establishment of salaries, benefits and enumeration of other terms and conditions of employment, which shall be effective January 1, 2006 through December 31, 2008.

ARTICLE I
RECOGNITION

The Board agrees to recognize the Communications Workers of America, AFL-CIO, CLC, as the sole exclusive collective bargaining agent for the employees in the following job classifications:

Account Clerk

Account Clerk (Typing)

Child Support Specialist

Child Support Specialist, Bilingual (Spanish/English)

Child Support Worker

Child Support Worker, Bilingual (Spanish/English)

Clerk

Clerk Stenographer

Clerk Transcriber

Clerk Typist

Data Entry Machine Operator

Graduate Nurse

Health Aide

Health Aide, Bilingual (Spanish/English)

Income Maintenance Aide

Human Services Specialist 1

Human Services Specialist 1, Bilingual (Spanish/English)

Human Services Specialist 2

Human Services Specialist 2, Bilingual (Spanish/English)

Human Services Specialist 3

Human Services Specialist 3, Bilingual (Spanish/English)

Investigator CWA

Investigator CWA, Bilingual (Spanish/English)

Mail Clerk

Messenger

Principal Account Clerk

Principal Account Clerk Typist

Principal Clerk

Principal Clerk Typist

Principal Data Entry Machine Operator

Principal Purchasing Assistant/Typing

Receptionist

Receptionist (Typing)

Records Retrieval Operator

Recreation Aide

Recreation Program Specialist

Senior Account Clerk

Senior Account Clerk, Typing

Senior Clerk

Senior Clerk Stenographer

Senior Clerk Transcriber

Senior Clerk Typist

Senior Data Entry Machine Operator

Senior Health Aide

Senior Health Aide, Bilingual (Spanish/English)

Senior Investigator

Senior Messenger

Senior Receptionist

Senior Receptionist Typing

Senior Stock Clerk

Senior Telephone Operator

Senior Training Technician

Social Service Aide

Social Service Aide, Bilingual (Spanish/ English)

Social Service Technician

Social Service Technician, Bilingual (Spanish/English)

Social Worker

Social Worker, Bilingual (Spanish/English)

Social Worker Specialist

Stock Clerk

Telephone Operator

Telephone Operator/Typist

Training Technician

B. The following job classifications shall be excluded from the bargaining unit:

Accountant

Account Clerk (Time & Leave/Payroll Administration)

Account Clerk, Typing (Time and Leave/Payroll Administration)

Administrative Clerk

Administrative Secretary

Administrative Supervisor

Accounting Assistant

Assistant Chief Investigator

Assistant Fiscal Officer

Chief Clerk -

Chief Investigator

Clerk Typist (Personnel and Administrative)

Coordinator of Volunteers

Data Processing Coordinator

Deputy Director

Director

Employee Benefit Specialist

Fiscal Officer

Human Services Specialist 4

Legal Assistant

Legal Stenographer

Maintenance Repairer

Paralegal Specialist (Legal Dept./Administration)

Personnel Assistant

Personnel Officer

Personnel Technician

Principal Account Clerk (Administration/Time & Leave/ Payroll)

Principal Account Clerk Typist (Administration/Time & Leave/Payroll)

Principal Clerk Typist (Administration/Time & Leave/ Payroll)

Principal Legal Stenographer

Public Information Officer

Purchasing Agent

Secretarial Assistant Typing

Secretarial Assistant Stenographer

Security Guard

Senior Security Guard

Senior Account Clerk (Administration/ Time & Leave/ Payroll)

Senior Account Clerk Typing (Administration

Time & Leave/Payroll)

Senior Maintenance Repairer

Senior Clerk Typist (Personnel)

Senior Legal Stenographer

Supervising Account Clerk

Supervising Clerk

Supervising Clerk Typist

ARTICLE II
HOURS OF WORK

The normal workweek shall consist of thirty-five (35) hours per week, which shall be made up of seven (7) hours per day plus one (1) hour lunch. Employees may select alternate hours of work to achieve seventy (70) hours per pay period.
The Director, or his/her designee, may arrange the lunch hours of employees so as to have part of the staff available to the public at all times.
All hours for which an employee is deemed to be on active pay status shall be counted toward the threshold of thirty-five (35) and forty (40) hours of payment for overtime. Overtime earned between thirty-five (35) and forty (40) hours shall be compensated at straight time if wages are paid or, at the Director or his/her designee’s sole election, at time-and-a-half if compensatory time. The Director or his/her designee must specifically authorize all overtime. The employee will be notified of the compensation method at the time overtime is authorized.
If state regulations or the needs of the community we serve change, the parties agree to meet and discuss changing the hours accordingly.

ALTERNATE HOURS OF WORK

In administering an alternate hours procedure as provided for certain employees by Board Resolutions or Contracts, the Agency must ensure that there is adequate staff to cover all job functions to meet the mission of the Agency. Within this constant, it is the desire of the Agency to afford employees the opportunity to adjust their workday between 8:30 a.m. to 4:30 p.m.

Unless otherwise provided in applicable Contracts or Board Resolutions or other legal agreements, time may not be carried forward from one pay period to another or one calendar year to another. Except for adjustments within the workday, time must be earned before it is used.

Alternate Hours Request for Adjustments Within the Workday for Five Days or Less or to Request Time Carried Forward Within the Workweek for One Workweek or Less.

Requests can be made prior to, or on, the day the adjustment is desired. Supervisor approval is required prior to the implementation of the adjustment.

The only documentation required is recording of the adjustment on the employee’s time sheet and notated on the Unit calendar (see Section D). The supervisor’s initials indicate on the timesheet the alteration was approved.

Alternate Hours Request for More Than Five Days or the Carry Time Forward Beyond the Workday for More Than One Workweek.

Written requests on the ADM-F-186 are required when the request is for an adjustment for more than five (5) days or when requesting time carried forward from one workday to another for more than one workweek. Documentation in these instances insures mutual understanding of the duration and nature of the alternate hours adjustment and prevents confusion regarding overtime/compensatory time v. alternate hours of work for future audits.

Requests are submitted to the employee’s supervisor ten (10) calendar days prior to the implementation of the alternate work schedule to permit scheduling to facilitate the work flow in the unit and are limited to a thirty (30) calendar day time frame.

Supervisors note time and date received on the ADM-F-186.

Prior written authorization is required from the supervisor before leave commences except as noted in Emergency Request.

Supervisors respond to requests within three (3) workdays of the receipt of the request.

C. Coordination of Request

Employees must coordinate their request with the Department/Unit Vacation/Personal Leave/Absence standard and scheduled absences for the work Department/Unit.

Supervisor may approve Alternate Lunch Hour Adjustments in accordance with Item A above as long as there is adequate coverage to fulfill the mission of the Agency and the Unit.

D. Posting of Schedules

Each supervisor makes provisions for a calendar to post Vacation/Personal Leave/Absence and Alternate Hours. The calendar is accessible to all employees to permit them to review it to coordinate their alternate work hours with the scheduled absences and Department/Unit leave standard.

E. Duplicate Requests Within a Coordinating Group

Seniority rules in the event of duplicate requests. If every effort has been made to eliminate the conflict by the Line Supervisor and workers, the Administrative Supervisor has the discretion to approve the duplicate request.

F. Emergency Alternate Hours of Work

Employees are to make every effort to adhere to the provisions of this procedure by planning the adjustment within the employee’s coordination group. When there us an emergency need without the ability to comply with the time frames in this procedure in advance, the employee may contact the supervisor or alternate reporting supervisor for verbal approval.

Upon return to work the employee is to complete the time sheet in accordance with Section A.2 and supervisor will initial the alteration.

G. Revision to Alternate Hours of Work

Requests to adjust an approved alternate work hour schedule must be submitted in writing in accordance with the appropriate procedures outlined above.

Should an employee due to absence caused by illness or emergency, be unable to utilize time carried forward from an alternate work schedule, leave time utilize is adjusted to accommodate the amount of time that had been carried forward.

H. Change in Work Assignment

Change in work assignment does not alter previously approved schedules. Any new request must be in accordance with the work unit’s vacation/absence standard and scheduled absences.

I. Time Sheet Documentation

Copies of the Request and Authorization are attached to the employee’s time sheet for the pay period affected by the Alternate Work Schedule. Time sheets must be clearly denoted.

J. Appeals of Alternate Hours Denials

Appeals of denials of Alternate Work Hours by Line Supervisors are to be filed in writing to the worker’s Administrative Supervisor.

ARTICLE III
GRIEVANCE PROCEDURE

Purpose

1. The purpose of this procedure is to secure, at the lowest possible level, equitable solutions to the problems which may arise affecting the terms and conditions of employment. The parties agree that this procedure will be kept as informal as may be appropriate.
a. Prior to any formal grievance being filed, the grievant, and his/her steward may attempt to resolve a grievance in the informal manner specified below:

(1) The grievant and/or his/her steward may notify the grievant’s immediate supervisor that a potential grievance exists and that an informal fact-finding meeting is desired to discuss the issue. The grievant’s immediate supervisor shall then schedule a meeting within three (3) working days to discuss the issue. Both the grievant and his/her steward may attend such a meeting with no loss of pay. If no resolution of the issue is forthcoming from this meeting, a formal grievance can be filed.

(2) This informal grievance resolution mechanism shall in no instance change the specified time limits for filing a grievance unless both the Union and the Board mutually agree in writing to extend the time limits.
2. Nothing herein contained shall be construed as limiting the right of any employee having a grievance to discuss the matter informally with any appropriate member of the Administration, and having the grievance adjusted without the intervention of the Union.
3. The Union may propose that the first step of the grievance procedure be waived provided that said grievance is a non-contractual grievance on a board policy matter. The proposal to waive the first step must be mutually agreed to by the Director of the Agency or his/her designee, and the Union President or his/her designee.
B. Definition
The term "grievance" shall mean an allegation that there has been:
1. A misrepresentation or misapplication of the terms of this Agreement which is subject to the grievance procedure outlined herein and shall hereinafter be referred to as a "contractual grievance"; or
2. Inequitable, improper, unjust application or misinterpretation of rules or regulations, existing policy, or orders applicable to the Board of Social Services which shall be processed up to and including the Board of Social Services, and shall hereinafter be referred to as a "non-contractual grievance".
C. Presentation of a Grievance

The Board of Social Services agrees that in the presentation of a grievance (at Steps 1, 2, 3 & 4) there shall be no loss of pay for the time spent in presenting the grievance by the grievant and one (1) Union representative, who is an employee at the Board, throughout the grievance procedure. In addition, up to three (3) paid days per calendar year will be granted for appearances before the NJ PERC to present ULPs.

D. Steps of the Grievance Procedure

The following constitutes the sole and exclusive method for resolving grievances between the parties covered by this Agreement:

Step One
a. The grievant shall institute action under the provisions hereof in writing, signed and delivered to his/her Supervisor within fifteen (15) working days after the grievant would reasonably be expected to know of its occurrence. Failure to act within said fifteen (15) days shall be deemed to constitute an abandonment of the grievance. The grievant may be represented by an employee who is the Shop Steward or Local Union officer.

The Supervisor shall render a decision in writing fifteen (15) working days after receipt of the grievance.

Step Two
a. In the event satisfactory settlement has not been reached, the grievant shall, in writing and signed, file his/her complaint with the Director of the Ocean County Board of Social Services within fifteen (15) working days following the determination at Step One. The grievant may be represented by an employee who is the Shop Steward or Local Union officer.
b. The Director of the Ocean County Board of Social Services, or his/her designee, shall render his/her decision within fifteen (15) working days after the receipt of the complaint.
Step Three
a. Should the grievant disagree with the decision of the Director, or his/her designee, the aggrieved may, within fifteen (15) working days, submit to the Board a statement in writing and signed as to the issue(s) in dispute. In the event the grievant files his/her statement with the Board at least ten (10) working days prior to a Board meeting, the matter shall be placed on the agenda for that Board meeting. Statements filed less than ten (10) working days before a Board meeting may be heard by the Board at the meeting, or at the Board's discretion, placed on the agenda for the following meeting. All grievances will be reviewed and decided by the Board in the same month they are placed on the Board’s agenda. Any grievance to be reviewed and decided by the Board and placed on the agenda can not be canceled, postponed, adjourned or tabled unless approved by both the Union and the Board. Such approval shall not be unreasonably withheld by either the Union or the Board. The Board shall review the decision of the Director together with the disputed areas submitted by the grievant. The grievant and/or the Union representative may request an appearance before the Board. The Board will render its decision within fifteen (15) working days after the Board meeting at which the matter has been reviewed. If the Board's decision involves a non-contractual grievance, the decision of the Board shall be final.

While disciplinary grievances cannot be pursued to binding arbitration, the Union may pursue up to ten (10) disciplinary grievances, per calendar year, to advisory arbitration. The Union shall be considered to have "pursued" a grievance to arbitration on the day the Union contacts the Public Employment Relations Commission (PERC) to assign an arbitrator and schedule an arbitration hearing. The contact with PERC may be oral or written. If there is any question as to the date of the contact, both parties may verify and confirm the date of contact with PERC.

c. The grievant may be represented by the Local Union Officer or the International Union Representative, or both. A minority organization shall not present or process grievances.
Step Four
a. Any unresolved contractual grievance (as defined in �B-1 definitions above except matters involving appointment, promotion, or assignment or matters within the exclusive province of the Department of Personnel), may be appealed to arbitration only by the Union. The Union must file the request for arbitration within thirty (30) calendar days after the receipt of the Board’s decision.
b. Nothing in this Agreement shall be construed as compelling the Union to submit a grievance to arbitration or to represent an employee before the Department of Personnel. The Union’s decision to request the movement of a grievance to arbitration or to terminate the grievance prior to submission to arbitration shall be final as to the interests of the grievant and the Union.
c. Where the grievance involves an alleged violation of individual rights specified in Department of Personnel for which a specific appeal to the Department of Personnel is available, the individual may present his/her complaint to the Department of Personnel directly. The grievant may pursue the Department of Personnel procedure or the grievance procedure as herein provided. Once the grievant makes the selection of procedure, such election shall be deemed final and binding and constitute an absolute waiver of the procedure not selected.
d. For those grievances, which may be submitted to arbitration, the Arbitrator shall be assigned by PERC, unless the parties agree to the selection of an Arbitrator beforehand.

The decision or award of the Arbitrator shall be final and binding on the Board of Social Services, the Union, and the grievant or grievants to the extent permitted by and in accordance with applicable law and this Agreement, except where arbitration is pursued under Step Three of this article.

f. The Arbitrator may prescribe an appropriate back pay remedy when he/she finds a violation of this Agreement, provided such remedy is permitted by law and is consistent with the terms of the Agreement, except that he/she may not make an award which exceeds the Board of Social Services' authority. The Arbitrator shall have no authority to prescribe a monetary award as a penalty for a violation of this Agreement.
g. The Arbitrator shall not have the power to add to, subtract from, or modify the provisions of this Agreement and shall confine his/her decision solely to the interpretation and application of this Agreement. He/she shall confine him/herself to the precise issue submitted for arbitration and shall have no authority to determine any other issues not so submitted to him/her, nor shall he/she submit observations or declaration of opinions which are not essential in reaching the determination.
h. The costs of the services of the Arbitrator shall be borne equally by the Board and the Union. Any other expenses incurred in connection with the arbitration shall be paid by the party incurring the same.
i. The cost of the transcript, if any, will be borne by the party requesting it. If both parties request a transcript, the cost shall be shared equally.

Grievance resolutions or decisions at Steps One through Four shall not constitute a precedent in any arbitration or other proceeding unless a specific Agreement to that effect is made by the authorized representatives of both parties. This is not to be construed as limiting the right of either party to introduce relevant evidence, including such grievance resolution, as the prior conduct of the other party.

ARTICLE IV
DUES DEDUCTION

The Board agrees to deduct from the pay of each employee, who furnishes a written authorization for such deduction in a form acceptable to the Board, during each calendar month, the amount of monthly Union dues. Dues shall be calculated on two (2) hours pay per month based on a forty (40) hour work week for each employee, or such other amount as may be certified to the Board by the Union at least thirty (30) days prior to the month in which the deduction of Union dues is to be made. Deduction of Union dues made pursuant hereto shall be remitted by the Board to the Union, c/o Secretary-Treasurer; Communications Workers of America, A.F.L.- C.I.O.; CLC, 501 Third Street NW, Washington, D.C. 20001-2797, by the first working day following each payday. A copy of such a list shall also be delivered to the local Union president.
All deductions agreed upon in paragraph A above will be in compliance with Chapter 310, Public Laws of 1967, N.J.S.A. (RS.) 52:14-15.9(e), as amended.
The Union will indemnify and save harmless the Board of Social Services against any and all claims, demands, suits or other forms of liability action, that shall arise out of or by reason of action taken by the Board of Social Services in reliance upon salary deduction authorization cards submitted by the Union to the Board of Social Services.

ARTICLE V
AGENCY SHOP

The Board agrees to deduct, in accordance with P.L. 1979, Chapter 477, as it relates to the Agency Shop provisions, from the pay of each employee covered by this Agreement, who does not furnish a written authorization for deduction of Union dues, a Representation Fee equal to 85% of the Union dues, as may be certified to the Board by the Union at least thirty (30) days prior to the month in which the deduction of dues is to be made, commencing ninety (90) days after the date of hire of such employee. However, in the event of rehire, such Representation Fee shall commence immediately upon rehire.
The Union will indemnify and save harmless the Board against any and all claims, demands, suits or other forms of liability action, that shall arise out of the deductions of paragraph A above.
When an employee who is paying either the union dues or representation fee, is assigned to work in a position which is not recognized as being a part of the CWA Bargaining Unit on an interim or temporary appointment basis, such employee’s union dues or representation fee shall cease to be paid to the bargaining unit after the employee has been working in the interim or temporary assignment for a period in excess of forty-five (45) days.

Additionally, when an employee is assigned to work in a position which is recognized as being a part of the CWA Bargaining Unit on an interim or temporary basis, the Board shall have no obligation to deduct either the union dues or representation fee until the employee has worked in the interim or temporarily assigned position for longer than forty-five (45) days.

Upon return to a permanent position covered by the recognition clause, the employee’s union dues or representation fee will again be paid to the CWA.

ARTICLE VI
COMPENSATION

During the term of this Agreement, employees of the Board shall be compensated as follows:

1. Effective January 1, 2006

3.25% increase across the board; increments shall be paid to all eligible employees in accordance with Schedule "CC" on their anniversary date.

2. Effective January 1, 2007

3.5% increase across the board; increments shall be paid to all eligible employees in accordance with Schedule " DD" on their anniversary date.

3. Effective January 1, 2008

3.5% increase across the board; increments shall be paid to all eligible employees in accordance with Schedule “EE” on their anniversary date.

The terms of compensation set forth in paragraph A of this Article shall apply to all employees of the Board including those on leave, but excluding those who may have left the employ of the Board between the effective date of this Agreement and the date the Agreement is implemented.
Effective July 1, 2006, those employees serving in the title of Social Service Aide will receive a range change from Range 6 to Range 7
Effective January 1, 2008, those employees serving in the title of Sr. Acct. Clerk Typist, Sr. Clerk Typist, Sr. Receptionist Typist, will receive a range change from Range 10 to Range 11.

ARTICLE VII
EDUCATION

The implementation of Article VII shall be governed by the terms of the Educational Leave Policy of the Ocean County Board of Social Services, which shall in all terms be consistent as enumerated below:
The Board agrees to pay for any course that an employee is required to take by the Board or the Director during the employee’s course of employment with the Board. The Board may reimburse employees for expenses and tuition related to courses that are directly related to the work the employee is performing on a daily basis, as an employee of the Board, or which enhances an employee’s opportunity for promotional title within this Agency.
All courses of this nature must first be approved by the Director. The Director will develop criteria that will clearly indicate that the course is work-related and that the course will contribute to the Board in some measurable way.
Any employee seeking reimbursement for work-related courses must submit a copy of the transcript indicating that the employee has maintained at least a C+ 0r 2.5 average in the course, if it is an undergraduate course, or a B or 3.0 average if the course is a graduate course. All grades must be submitted to the Director, and in addition to the grade sheet, actual proof of payment from the institution by October 15^th of the contract year, in order to insure payment during the contract year.
The Director shall inform the employee of his/her decision for reimbursement within thirty (30) days after the employee's request has been made to him/her. Should the Board be unable to act on the employee's request at the regularly scheduled meeting, the Director will so notify the employee and will respond to his/her request within ten (10) days after the next regularly scheduled Board meeting.
A maximum of two (2) qualified social workers, two (2) graduate nurses two (2) Human Services Specialist 1s or Human Services Specialist 2s / Child Support Program workers (all variants), two Human Services Specialist 3s / Child Support Program specialists (all variants), two (2) investigators and two (2) clerical employees may be offered an opportunity for educational leave for the purpose of pursuing full-time study, at the discretion of the Board.
An employee may request time off or an adjustment of working hours on a case by case basis to attend classes held during the normal working hours. At the Board’s discretion, the time may be granted.
Qualified social workers, graduate nurses, Human Services Specialist 1s, Human Services Specialist 2s / Child Support Program workers (all variants), Human Services Specialist 3s / Child Support Program specialists (all variants), investigators and clerical employees may request two (2) paid professional days per year to attend training for any licenses and/or certificates which may be needed to maintain employment with the Agency. This time may also be requested to attend a conference, seminar, training session related to an employee’s work in the Agency, or which might enhance a promotional opportunity at the Agency. This time may also be requested for Department of Personnel testing related to an employee’s work certification in their current title or for a promotional title in the employee’s current series. Requests shall be made on forms provided by the Agency. Approval may be granted by the Director or his/her designee for the time requested.
The Board agrees to reimburse social workers and graduate nurses for continuing education credits up to an annual maximum of one hundred dollars ($100) that are required to maintain certifications or licenses which enhance the social worker’s and graduate nurse’s skills and contribute to their professional standing. The social worker and graduate nurse may seek reimbursement by submitting certification of attendance and proof of payment to their immediate supervisor. Additionally, to be eligible for this reimbursement, the social worker and graduate nurse must also submit yearly, a copy of their certification or license to the Director’s Office.
The Board will endeavor to budget funds for continuing education but availability of funds and amount of funds is at the sole discretion of the Board.

ARTICLE VIII
TRANSPORTATION AND REIMBURSEMENT

The mileage reimbursement for employees authorized and required to operate their own vehicles shall be whatever the current Federal IRS rate for business use of a vehicle is as published by the U.S. Government. Effective January 1, 2003 and again on each January 1st of this Agreement the rate shall be automatically adjusted in accordance with whatever the United States Internal Revenue Service has determined said mileage rate to be.
The Board agrees to pay each employee who is required to utilize his/her automobile during the employee's working hours on welfare board business, an allowance per year per employee toward the cost of maintaining the employee's automobile liability insurance. Effective January 1, 2006 the allowance shall be four hundred and fifty dollars ($450.00). Effective January 1, 2007 the allowance shall be five hundred dollars ($500.00). Effective January 1, 2008 the allowance shall be five hundred and fifty dollars ($550.00). The employee must carry appropriate insurance coverage of at least $100,000.00/$300,000.00 liability on his/her vehicle, and must maintain it during the year, in order to receive this benefit. Only persons who actually can prove by submission of a canceled premium check, or such other document (e.g. statement from insurance company, receipt of payment, etc.) as required by the Administration, that they are carrying the insurance coverage as required under this Article shall be reimbursed. All reimbursement forms, vouchers and necessary information required to make disbursements under this Article will be submitted no later than November 1st of each year. Transportation reimbursement shall be paid as soon as possible after the regularly scheduled December Board meeting. Payment will be made once during the year after the proper forms, vouchers and the necessary information are received. For any employee who was employed less than twelve months of service, the payment shall be prorated for each month of employment, or major fraction thereof based on the above. ($37.50 per month effective January 1, 2006; $41.67 per month effective January 1, 2007; $45.83 per month effective January 1, 2008).
Employees who leave the employ of the Board prior to December 31st shall receive their reimbursement for those months employed as soon as possible after the next regularly scheduled Board meeting following the last date of employment.
Any employee who is not requested to operate his/her vehicle on authorized Board business, but uses his/her own vehicle to attend training seminars or courses, authorized by the Board, shall be eligible for mileage reimbursement, not auto insurance.
An employee must use their vehicle on Board business and submit a voucher for mileage reimbursement at least once in a calendar year to qualify and receive reimbursement in that calendar year under Paragraph B aforementioned.

ARTICLE IX
BEREAVEMENT LEAVE

Upon the death of a member of the immediate family, three (3) days bereavement leave with pay shall be allowed for each incident upon approval of the employee's immediate supervisor.
Immediate family shall be defined as: spouse or person living in a spousal relationship, domestic partner who holds and provides a New Jersey Domestic Partners Certificate to the Board, child, parent, brother, sister, foster-parent, foster-child, foster-sibling, step-parent, step-child, step-sibling, grandparent, grandchild, step-grandchild, mother-in-law, father-in-law, son-in-law, daughter-in-law, sister-in-law, brother-in-law, employee’s aunt, employee’s uncle, niece, nephew and other relatives or individuals living in the employee’s home. Such leaves shall not be cumulative from year to year.
The time during which bereavement leave will be taken shall be at the discretion of the employee.
The employee shall provide the name of the deceased, his/her relationship to the employee and the date of death to the immediate supervisor at the time of the request.
Approval for such leave shall not be withheld pending any verification. All bereavement leave shall be granted with the understanding that it may be subject to further verification once the employee returns to work.
The Director retains the right to request additional information from the employee if misuse of bereavement leave is reasonably suspected.
All requests for bereavement leave shall be submitted to the employee's immediate supervisor, who has the authority to grant or deny the request, consistent with the terms of this Article. Any disputes regarding a request for bereavement leave shall be submitted to the Director.

ARTICLE X
PERSONAL LEAVE

Each employee may request up to four (4) personal days per calendar year. The personal days must be utilized for personal business that can not be conducted during hours when the Agency is not in operation.
All requests for personal days shall be submitted to the employee's Administrative Supervisor no later than two (2) workdays prior to the date of the leave requested. A response shall be given to the employee's request as soon as possible but not later than two (2) workdays after the date of the leave request. The Administrative Supervisor may waive the two (2) workday notice provision in an emergent situation. Personal Leave requests shall be submitted to the Administrative Supervisor on appropriate agency forms. Prior written authorization is required from the Administrative Supervisor before leave can commence.
Annual personal leave shall be non-cumulative. In all instances, the approval of the Administrative Supervisor must be received before the leave is commenced. Requests for personal leave must be submitted in accordance with and in compliance with the Ocean County Board of Social Services’ Personnel Handbook.
No more than ten percent (10%) of the personnel within a given department shall be permitted to take personal leave at the same time.
Personal days will be prorated for employees in their first year of service according to time earned, at one-third (1/3) day per month or major fraction thereof. Rehired employees shall earn personal days as new employees.
Personal days will be prorated for employees according to time earned, at one-third (1/3) day per month. If an employee leaves the employ of the Board for any reason before the end of the calendar year after having taken any personal leave for the year, he/she shall be charged with the unearned part of his/her personal leave which will be deducted from his/her final paycheck. For purposes of charging an employee with the unearned part of his/her personal leave, an employee shall be considered to have earned the yearly allowance of four (4) personal days after the completion of nine (9) full months of service in the year the employee leaves the employ of the Board.

H. Employees may request personal time in hourly, or greater, increments.

ARTICLE XI
SICK LEAVE

All employees shall be credited with sick leave on the following basis: One (1) day per month or major fraction thereof during the first calendar year of his/her employment and fifteen (15) working days in every calendar year thereafter, which shall be credited to the employee as of the first of January of each year, to be accrued at the rate of one and one-quarter (1 1/4) sick days per month.
The administration of sick days shall be in conformance with applicable Department of Personnel regulations.
Any amount of sick leave allowances not used in any calendar year shall accumulate from year to year.
Upon proof of retirement under P.E.R.S., the employee shall receive remuneration of one-half of his/her accumulated sick leave, up to a maximum of $15,000.00. In order to be eligible for this benefit, all employees under the age of sixty (60) must have at least 1) twenty-five (25) years service credit with P.E.R.S.; and 2) must submit to the Director a written notice of retirement, no less than fourteen (14) calendar days and wherever possible, within thirty (30) calendar days, prior to the employee's anticipated retirement date; and, 3) must resign in good standing.
For any break in service, up to a maximum of one (1) year, the employee, upon return to the Board, shall have deducted from his/her entitlement of sick leave credit, a pro-rated number of sick days for the months of the break of service. The provision shall only apply to employees who terminate their employment in good standing and return to work with the Board within one (1) year of the termination date.
For any break in service, in excess of one (1) year, the employee shall not be entitled to any credit for sick days previously accumulated.
Employees who do not utilize any sick leave within a calendar quarter shall be entitled to a payment of thirty dollars ($30.00) for that quarter, payable in the first pay period following that quarter. Employees who do not use any sick leave within a calendar year shall be entitled to an additional payment of thirty dollars ($30.00) per year. This payment shall be made the first pay period of the year following the "perfect attendance.”
If an employee, for any reason, has utilized more sick time than he/she has earned at the time of resignation or termination, the Board shall make the necessary adjustment in the employee’s last paycheck to recoup pay for this time.
Any employee who was laid off and subsequently rehired from a DOP Special Reemployment List shall receive full credit for all sick leave accumulated at the time of the layoff.

ARTICLE XII
VACATION LEAVE

Every employee shall be granted the following annual leave for vacation purposes with pay: One (1) working day for each full month of service or major fraction thereof during the first calendar year; After one (1) year of service through five (5) years of service, twelve (12) working days per year; After five (5) years of service through twelve (12) years of service, fifteen (15) working days per year; After twelve (12) years of service through twenty (20) years of service, twenty (20) working days per year; After twenty (20) years of service, twenty-five (25) working days per year.
New employees shall only receive (1) working day for the initial month of employment if they begin work on the 1st through the 8th day of the calendar month, and one-half working day if they begin work on the 9th through the 23rd of the month. The request for the use of the individual days should be in writing and a response from the supervisor should be in writing.
All vacations must be scheduled by April 1st with the exception of five (5) days that may be used on an individual basis as long as prior permission is received from the employee's unit supervisor. The request for the use of the individual days should be in writing and a response from the supervisor should be in writing.
For any break in service, up to maximum of one (1) year, the employee, upon return to the Board, shall have deducted from his/her entitlement of vacation credit the months of break in service. This provision shall only apply to employees who terminate their employment in good standing and return to work with the Board within one (1) year of the termination date.
For any break in service, in excess of one (1) year, the employee shall not be entitled to any credit for vacation previously accumulated. Any break in service in excess of one (1) year shall terminate any claim for prior service credit when re-employed. Any such employee shall start as a new employee.
An increase in vacation leave shall be granted at the beginning of the calendar year in which the years of service requirement will be met.
If an employee, for any reason, has utilized more vacation time than he/she has earned at the time of resignation or termination, the Board shall make the necessary adjustment in the employee's last paycheck to recoup pay for this time.
An employee may carry over up to five (5) vacation days per year into the calendar year following the year in which the time was earned. All time carried over must be scheduled first and used within the year carried into. These days must be scheduled in accordance with the existing vacation coordination policy.
Vacation time may be utilized in hourly, or greater, increments. Emergency vacation time can continue to be utilized in increments of 15 minutes in accordance with existing policy.

ARTICLE XIII
INSURANCE

The Board agrees to continue in full force and effect, the current paid hospitalization coverage now in effect for all employees covered by this agreement together with their eligible dependents. The Board’s health and hospitalization plan shall be the New Jersey State Health Benefits Program. The Board reserves the right during the term of this Agreement to change insurance carrier as long as such change does not result in a reduction in benefits.
The Board agrees to continue to provide through State Health Benefits plan a prescription drug plan for all employees and eligible dependents. The current co-pay is five dollars ($5.00) for non-generic, one dollar ($1.00) for generic, five dollars ($5.00) for non-generic mail order and one dollar ($1.00) for generic mail-order drugs, and may be changed to such other amount as may be set by the State Health Benefits plan, or any other carrier that the Board may select. The Board reserves the right during the term of this Agreement to change insurance carrier as long as such change does not result in a reduction in benefits.
The Board will maintain the current dental plan now in effect for all employees and eligible dependents. The Board’s dental benefits plan shall be Blue Cross/Blue Shield Dental Option Plan, administered through Direct Dental Network. The Board reserves the right during the term of this Agreement to change insurance carrier so long as such change does not result in a reduction in benefits.
Paid health and hospitalization with prescription coverage shall be provided to employees who are on an approved PERS retirement and who have a minimum of twenty-five (25) years credited in PERS or to employees on an approved PERS retirement who are age sixty-two (62) or over and have been employed by the Board for a minimum of fifteen (15) years, or to employees on an approved PERS disability retirement. Such employees and eligible dependents, for the employee’s lifetime, shall be entitled to receive paid hospitalization/major medical or HMO coverage. The Board’s health and hospitalization plan shall be the New Jersey State Health Benefits Program. Prescription coverage for the retiree and any eligible dependents will be at the level provided by the State Health Benefits plan, for the lifetime of that employee. The Board reserves the right during the term of this agreement to change insurance carrier as long as such change does not result in a termination or reduction in benefits.

The employee dental benefits plan shall be Blue Cross/Blue Shield Dental Option Plan, administered through Direct Dental Network. Retirees may purchase coverage for dental under COBRA for the period provided by COBRA Regulations.

Employees who are not entitled to health care in accordance with the above provisions shall have a right to remain in the New Jersey State Health Benefits Program at their own expense, provided they meet all SHBP requirements including the timely application for benefits.
Any and all disputes relative to participation in and/or coverage under the New Jersey State Health Benefits Programs or Direct Dental Network shall not be subject to grievance and/or arbitration under this Agreement.
In the event the State of New Jersey implements changes to the State Health Benefits Program with respect to any CWA State employees, said changes will become a part of this Agreement without further negotiations including any co-pay increases and/or contribution required rates. This will not be negotiable at the next immediate contract renewal. Said changes shall take effect upon the next immediate renewal date after the passage of the State’s implementing regulation, statute or Collective Bargaining Agreement language.
The Board will provide additional benefits to domestic partners who hold and provide a New Jersey Certificate to the Board, if and when such benefits are made available to the County of Ocean to their employees.
Flex spending accounts may be created at Board’s discretion.

ARTICLE XIV
SENIORITY

Seniority, which is defined as continuous, unbroken service with the Board, will be given consideration by the Board, with respect to promotions; however, service will be considered unbroken, for the purpose of this clause, if an employee who has served continuously with the Board for at least one (1) year should resign his/her position and be rehired by said Board within seven (7) days of the said resignation, subject to Department of Personnel regulations.
If an employee resigns, he/she shall retain his/her seniority credit accrued up to the initial date of the service break, if the employee is rehired by the Board within one (1) year from the break in service. For any break in service in excess of one (1) year, the employee shall not be entitled to retain prior seniority credit.
If an employee is separated from service due to a layoff and then rehired from the Special Reemployment List, the employee’s time accrued toward his/her next anniversary date at time of layoff will be applied towards the employee’s new anniversary date at time of rehire from said list.

ARTICLE XV
JOB POSTINGS AND PROMOTIONS

A job opening or vacancy shall be posted on an appropriate bulletin board for a period of seven (7) working days.
The Board will endeavor to fill permanent job openings by promoting employees, from the next lower rated job title, who possess the requirements enunciated by the Department of Personnel and who are subsequently certified by the Department of Personnel.
The Board will endeavor to fill a temporary vacancy by offering permanent employees who possess the requirements enunciated by the Department of Personnel the opportunity to work out of title.
If in the sole opinion of the Welfare Director there are two (2) or more employees with equal qualifications and abilities to perform the work, the employee with the greatest seniority will be given preference provided that the decision of the Director is not subject to the grievance procedure.
All promotions and promotional policies are subject to Rules and Regulations of the Department of Personnel.

ARTICLE XVI
UNION LEAVE

The Union President, or his/her designee, shall be granted 52 (fifty two) days off per year to conduct union business, which will be scheduled with appropriate notice to the Director. Twenty-six (26) days will be paid by the Board. Any unscheduled time will accumulate from January 1^st through December 31^st of a calendar year. The Union President's workload shall be modified in accordance with a four (4) day workweek.
Union members, designated by the Union, shall be granted sixty-five (65) days, twenty-five (25) paid by the Board, to participate in lawful union activities and it is understood between the parties that such union leave is the total number of leave days to be distributed by the Union in any calendar year. The Union shall request these days from the Director no less than two (2) full work days in advance of the time requested. Such requests will not be unreasonably denied. In emergent situations, the Director shall consider exceptions to the two (2) work day notice.

ARTICLE XVII
UNION REPRESENTATIVES

Accredited representatives of the Union may enter the Board facilities or premises at reasonable hours for the purpose of observing working conditions or assisting in the adjustment of grievances. When the Union decides to have its representative enter the Board facilities or premises, it will request such permission from the Director or in the Directors absence, the Director's Designee and such permission will not be unreasonably withheld, provided there shall be no interference with the normal operations of the business of the Board or normal duties of the employees. There shall be no union business transacted or meetings held on Board of Social Services time or property, except as indicated in paragraph E below.
The Union shall furnish the Board with the name of the steward for each work site by January 1st of each year. The Union shall notify the Board of any change in steward(s) during the calendar year, no less than one (1) week prior to the change taking effect. The stewards shall represent the Union in the settlement of grievances with the Board.
Grievances may be filed with the appropriate shop steward during working hours, provided that all members of the bargaining unit observe all of the work rules of the Agency and provided that the pendency of any grievance in no way interrupts the work, activities, programs or mission of the Agency.

D. The Board will agree to allow a union representative to have a maximum of thirty (30) minutes at the end of a new employee's orientation program. However, any employee attending such a program who does not wish to remain has the right to leave and this will be announced prior to the opening of the Union's program.

The Union will be allowed to hold Executive Board sessions, but not during working hours, in the employer's facility in a room designated by the Director at his/her discretion when appropriate and necessary, provided that the Union requests such room availability at least seventy-�two (72) hours before a meeting of the Union is to take place.

ARTICLE XVIII
EQUIPMENT AND SUPPLIES

It is recognized that good employee morale and pleasant working conditions are important factors in the consideration of services to be rendered to the public. Where administratively possible, sufficient furniture and equipment, in safe and operable condition as determined by the Director’s Office, supplies and telephone service will be provided to all employees. All equipment, fixtures, supplies, furniture, etc. will be appropriate as determined by the Board’s consultant, subject to grievance procedure.

ARTICLE XIX
MANAGEMENT RIGHTS

The Board hereby retains and reserves unto itself, with-out limitation, all powers, rights, authority, duties and responsibilities conferred upon and vested in it by the Laws and Constitution of the State of New Jersey and of the United States, including, but without limiting the generality of the foregoing, the following rights, except as may be specifically modified by this Agreement:
To the Executive Management and Administration, control of the Board of Social Services and its properties and facilities and the activities of its employees.
To hire all employees and subject them to the provisions of law, to determine their qualifications and conditions for continued employment or assignment and to promote and transfer employees.
To suspend, demote, discharge or take other disciplinary action for good and just cause according to law and subject to the grievance procedure.
The Board shall make all determinations without challenge, as to the methods, means and operational procedures to effect the full mission of the Agency.

5. The Board reserves the right to relieve from work, any employee at any time, for legitimate reasons.
B. The exercise of the foregoing powers, rights, authority, duties and responsibilities of the Board, adoption of policies, rules, regulations and practices in furtherance thereof and the use of judgment and discretion in connection with shall be limited to the extent such specific and express terms hereof are in conformance with the Constitution and Laws of the State of New Jersey and of the United States.

Nothing contained herein shall be construed to deny or restrict the Board of its rights, powers, authority, duties and responsibilities under R.S. 44 and R.S. 11 A or any other National, State, County or Local Laws or Ordinances.
No management right, reserved to the discretion of the Board by the terms of this Agreement, shall be made the subject of a grievance.

ARTICLE XX
VACATION PAY

The Board agrees to permit vacation pay, that will be earned during the same calendar year, to be paid in advance to any employee that gives the Director's Office at least thirty (30) days notice of the employee's request for such pay, prior to the commencement of vacation.

ARTICLE XXI
WORK OUT OF CLASSIFICATION

There will be no work out of title without advance notice by memo by the Director or his/her designee which shall contain the specific date(s) out of title work is to be performed. Payment for out of title work shall be made for the date(s) specified at the higher salary.

ARTICLE XXII
WORK CONTINUITY

The Union covenants and agrees that during the lifetime of this Agreement, neither the Union nor any person acting in its behalf will cause, authorize or support, nor will any of its members take part in any strike (i.e., the concerted failure to report for duty, or willful absence of any employee from his/her position, or stoppage of work or absenteeism in whole or part, from the full, faithful and proper performance of the employee's duties of employment), work stoppage, slowdown, walkout or other job action against the Board. The Union agrees that such action would constitute a material breach of this Agreement.
The Union, during the life of this Agreement, will actively discourage and will take whatever affirmative steps are necessary to prevent or terminate any strike, work stoppage, slowdown, walkout or other job action against the Board.
Nothing contained herein shall be construed to limit or restrict the Board in its right 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 Union or its members.

ARTICLE XXIII
HOLIDAYS

Holidays as referred to in this section include legal holidays as fixed by statutes, those being:

New Year's Day
Martin Luther King's Birthday
Lincoln's Birthday
Washington's Birthday
Good Friday
Memorial Day
Independence Day
Labor Day
Columbus Day
General Election Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day

B. Whenever any holiday listed above falls on a Sunday, the following day is also a holiday. Additional holidays shall be as established from time to time by gubernatorial proclamations; additional days which may be established by appropriate authority by rule, proclamation or order in a given locality as holidays for public employees in that locality.
C. If any of the above holidays fall on a Saturday, the holiday shall be celebrated on the preceding Friday, except when legally designated to be celebrated on another day.
D. In order to receive compensation for a holiday, an employee must be in pay status for the full workday (7 hours) before the holiday and the full workday (7 hours) after the holiday. Lateness and/or union leave, paid or unpaid before and/or after a holiday shall not disqualify an employee from receiving the holiday compensation. If an employee is not expressly suspended on a holiday, he/she shall be paid for the holiday if he/she is suspended without pay the day before and/or the day after the holiday.

ARTICLE XXIV
LONGEVITY PAY

Longevity pay, as set forth in the schedule below, shall be added to the annual base salary of all eligible covered employees effective on the first payroll period that occurs after their anniversary date of employment in their seventh (7th), twelfth (12th) seventeenth (17th) twenty-second (22nd), twenty-seventh (27th), and thirty-second (32nd) year of employment:

Years of Service Percentage of Annual Base
Salary as Longevity Pay

7-11 3.0%
12-16 4.6%
17-21 5.7%
22-26 6.5%
27-31 7.3%
32-+ 8.0%

For any break in service, up to a maximum of one (1) year, the employee, upon return to the Board, shall have deducted from his/her entitlement for longevity credit the months of break in service or a major fraction thereof in determining the effective date for longevity purposes.
For any break in service, in excess of one (1) year, the employee shall not be entitled to any credit for longevity purposes.
No credit shall be given for any temporary employment with the Board.
The parties agree that the longevity pay benefit is to be eliminated for all employees hired after the date of Memorandum of Understanding between the parties, April 20, 1998
All individuals laid off from the Agency and rehired from a Special Reemployment Certification who were initially employed by the Agency prior to April 20, 1998 shall be considered as eligible for longevity with credit given for time accumulated prior to the layoff.

ARTICLE XXV
FINANCIAL RESTRICTIONS

The parties agree that the payment of any fringe benefit, except for salaries, hospitalization, prescription, dental, sick leave, bereavement leave, personal days and vacation will be paid only if sufficient funding is available, at the discretion of the Director, upon approval of the Ocean County Board of Social Services. The Director agrees to notify the Union as soon as the Agency becomes aware, but not less than ninety (90) calendar days in advance of any decision the Director may make to withhold payment of a fringe benefit on the basis that insufficient funding is available.

HEALTH AND SAFETY COMMITTEE
ARTICLE XXVI

There shall be a Health and Safety Committee composed of the following persons:

1. Designee of the Chairperson of the Board;

2. Director or his/her designee;

3. Union President or his/her designee;

4. Appointee of the Union President.

The designee of the Board Chairperson shall chair the Health and Safety Committee. This Committee shall meet every other month, the meetings to start at 4:00 p.m. and to last approximately one (1) hour. This Committee shall be advisory in nature and may make recommendations on health and safety issues to the Board for its consideration.

During the time period between meetings, health and safety issues of an emergent nature will be brought to the Directors or Designees immediate attention for resolution.

ARTICLE XXVII
VISION CARE

A. The Board agrees to continue a Vision Care Reimbursement Program as follows:

2006 2007 2008

Single Lens $55.00/ year $75.00/ year $80.00/ year
Bi/Tri Focal $65.00/ year $85.00/ year $90.00/ year
Contact Lens $55.00/ year $75.00/ year $80.00/ year
Eye Exam $55.00/ year $75.00/ year $80.00/ year

The above reimbursement schedule or actual cost, whichever is less, shall apply to the employee only. Each eligible employee may receive only one (1) payment for glasses and one (1) payment for an eye examination every year.
In order for an employee to obtain reimbursement, he/she must submit a valid receipt for the above-specified services and the necessary vouchers for submission to the Board.
The Board, upon certification that the receipt is valid, will make payment as soon as possible after the next regularly scheduled Board meeting.
Vision Care benefit will be eliminated for any employee who receives this benefit through his/her health insurance coverage.

ARTICLE XXVIII
TRANSFERS

Employees shall be given seven (7) working days notice of the Board's intent to transfer (except transfers at the end of the working test period) them to another position, except in an emergent situation. An employee who is transferred shall have the right to discuss the reasons therefore with his/her Supervisor or Assistant Administrative Supervisor and/or Administrative Supervisor. Except in unusual circumstances, such discussion shall take place prior to the effective date.

ARTICLE XXIX
PERSONNEL FILES

Warning memoranda and/or corrective memoranda shall be removed at an employee's written request, anytime after two (2) years from the date of the documents sought to be removed if the employee has received no additional warning memoranda and/or corrective memoranda.
Reprimands will be removed, at an employee's written request, after three (3) years from the date of the reprimand provided the employee has received no other disciplinary action. The Director has ten (10) work days to remove the documents from the date of receipt of the written request and confirm in writing to the employee that the documents were removed.
Employees shall have the right to review their personnel files upon appropriate and timely request to the Director. Employees shall review personnel files on the employee's time.

ARTICLE XXX
SEVERABILITY AND SAVINGS

If any provisions of this Agreement should be held invalid by operation of law or by any tribunal or competent jurisdiction, including but not limited to the New Jersey Department of Personnel, or if compliance with or enforcement of any provision should be restrained by such tribunal pending a final determination as to its validity, such provision shall be inoperative but all other provisions shall not be affected thereby and shall continue in full force and effect.

ARTICLE XXXI
FULLY-BARGAINED PROVISION

The parties agree that they have fully bargained and agreed upon all terms and conditions of employment and that this Agreement represents and incorporates the complete and final understanding and settlement by the parties of all bargainable issues, which were or could have been the subject of negotiations.

ARTICLE XXXII
FAMILY & MEDICAL LEAVE

Employees shall be entitled to Family and Medical Leave, consistent with all applicable State and Federal Laws.

ARTICLE XXXIII
DONATED LEAVE PROGRAM

Employees suffering from a catastrophic health condition shall be entitled to participate in a Donated Leave Program, pursuant to the Donated Leave Policy and procedures set forth in the Board’s Personnel Handbook.
Individuals who are leaving the employ of the Board may elect to donate all or any part of their Sick, Vacation, and Personal time to any individual (s) who are eligible to receive Donated Leave.
Employees may receive up to one hundred and eighty (180) days of donated leave, and may apply for a sixty (60) day extension, at the discretion of the Board.

ARTICLE XXXIV
WORKERS RIGHTS

All employees shall be treated with respect and dignity and shall be free from discrimination.

ARTICLE XXXV
DURATION

The parties agree that this contract shall be in full force and effect retroactive to the first day of January 1, 2006 and shall remain in full force and effect until the thirty-first (31^st) day of December 2008.

OCEAN COUNTY BOARD OF COMMUNICATIONS WORKERS OF
SOCIAL SERVICES AMERICA

_____________________________ ______________________________
Date Date
Ronald S. Dancer, Chairman Lynn Buckley, Staff Representative

_____________________________
Date
James W. Holzapfel, Esquire

OCEAN COUNTY BOARD OF SOCIAL SERVICES
REQUEST FOR ALTERNATE HOURS OF WORK

Date: _______________

______________________________ __________________________
Employee’s Name Employee’s Title

______________________________
Employee’s Signature

In accordance with applicable Board Resolutions or Contracts and Appendix XXIX of the Ocean County Board of Social Services’ Personnel Handbook, I am requesting alternate hours of work as follows:
________________________________________________________________

________________________________________________________________

DATE(S) HOURS OF WORK

___________________________ __________________________

___________________________ __________________________

___________________________ __________________________

___________________________ __________________________

APPROVED [ ] DISAPPROVED [ ]

SUPERVISOR’S SIGNATURE: _______________________________________

DATE RECEIVED: ___________________ DATE SIGNED: _____________
________________________________________________________________

DUPLICATE REQUEST ONLY

ADMINISTRATIVE SUPERVISOR’S SIGNATURE: _______________________

APPROVED [ ] DISAPPROVED [ ]

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