SECTION 2 - SCOPE OF AGREEMENT

This Agreement applies to the bargaining unit known as Clerical Employees. It is intended to cover all full-time clerical personnel paid on an hourly basis.

A. The positions covered by this Agreement are:

Accounting Assistant, Accounting Clerk, Administrative Clerk, Administrative Secretary, Assessing Clerk, Clerical Assistant, Clerk-Typist, Deputy Court Administrator, Principal Assessing Clerk, Secretary, Senior Assessing Clerk, Violations Clerk, Data Entry Clerk

SECTION 3 - TERM OF AGREEMENT

This Agreement shall be in full force and effect from January 1, 2011, to December 31, 2014 inclusive or until it is supplanted by a subsequent agreement unless otherwise specified.

The investigation and presentation of grievances to the Township or the Township's designated representative in accordance with the provisions of the collective Bargaining Agreement.
The collection of dues when authorized by the Union.
The transmission of such messages and information which shall originate with and are authorized by the Local Union or its officers, provided such messages and information have been reduced to writing or are of a routine nature and do not involve work stoppage, slowdowns or any other interference with the Township’s business.

Upon adoption, all ordinances and resolutions amending or changing personnel policies affecting employees represented by this Agreement shall be forwarded to the Shop Steward.

SECTION 8 - LIMITATION OF SHOP STEWARD AUTHORITY

The Shop Steward or alternate shall not give orders to employees nor countermand orders or supervisory personnel.



SECTION 9 - DUES CHECKOFF AND INDEMNIFICATION:
A. Upon receipt of proper written authorization from an employee, the Township shall deduct Union dues, on a pro-rata basis and shall remit the monies collected to the Union not later than the 15th day of each month. The Union agrees to indemnify and hold harmless the Township from any cases of action, claims, loss or damages incurred as a result of this clause.

B. All deductions under this Section shall be subject to revocation under the provisions of General Municipal Law, as amended, by the employees who executed such assignments, upon giving written notice to that effect. Such notice shall be given to the Township Manager. The Township shall thereafter cease withholding any monies whatsoever under such check off authorization.

C. Assignees shall have no right or interest whatsoever in any money authorized to be withheld until such money is actually paid over to them. The Township or any of its officers and employees shall not be liable for any delay in carrying out such deduction, and upon forwarding a check in payment of such deductions by mail to the assignee's last known address, the Township and its officers and employees shall be released from all liability to the employees-assignors and to the assignees under such assignments.

D. The Union agrees that there shall be no discrimination, intimidation, restraint and coercion by it or its officers, agents or members against any employee who refuses to or fails to execute an authorization to deduct dues; or join the Union.

Agency Shop - It is understood and agreed that upon the signing of this Agreement, provisions of the "Agency Shop" concept established by the passage and signing of the amendments and supplements to the "New Jersey Employer-Employee Relations Act" (P.L. 1941, C. 100, C. 34" 13A 13 et. seq.) shall take effect. Those employees that are in the bargaining unit on the effective date of this Agreement who do not join the Union within thirty (30) days thereafter, any new employee who does 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 ten (10) days of re-entry into employment within the unit shall, as a condition of employment, pay a representation fee to the Union by automatic payroll deduction upon written notification from the Union to the Employer.

The representation fee shall be in an amount equal to eighty-five percent (85%) of the regular Union membership dues, fees and assessments, as certified to the employer by the Union. The Union may revise its certification of the amount of the representation fee at any time to reflect changes in the regular Union membership dues, fees and assessments. The Union's entitlement to the representation fee shall continue beyond the termination date of this Agreement so long as the Union remains the majority representative of the employees in the unit, provided that no modification is made in the provisions by a successor agreement between the Union and the Employer. The Union shall indemnify and hold the employer harmless against any and all claims, demands, suits and other forms of liability that may arise out of, or by reason of any action taken by the Employer in conformance with this provision.

1. Select and direct the working forces, including the right to hire, suspend, discharge or otherwise discipline for just cause;

4. Relieve employees from duty due to lack of work or for other legitimate reasons;
5. Decide the number and locale of its facilities, stations and worksites;
6. Determine the work to be performed within the unit, the amount of supervision necessary and the desirable methods and schedules of work;
7. The selection, procurement, design and control of equipment and materials;
8. The purchase of, or contracting for, the services of others; and
9. Except as they are otherwise specifically limited in this Agreement, to make reasonable and binding rules which shall not be inconsistent with this Agreement.

Employees with 0-5 years of service shall earn 5.83 hours vacation per month of service (10 days per year);

2. Beginning the 6th year to the end of the 10th year, employees shall earn 8.75 hours vacation per month of service (15 days per year);
3. Beginning the 11th year until the end of the 19th year, employees shall earn 11.67 hours vacation per month of service (20 days per year);
4. Beginning the 20th year and for each year thereafter, employees shall earn 14.59 hours vacation per month of service (25 days per year).

Beginning the 11th year to the end of the 14th year, employees shall earn 11.67 hours per month (20 days).
2. Beginning the 15th year and each year thereafter, employees shall earn 14.59 hours per month (25 days).

General Election Day shall be a floating holiday. Each employee will be credited with one (1) day as a floating holiday in return for General Election Day. The floating holiday will be scheduled and utilized in the same manner as vacation and personal days. The floating holiday must be used during the year it is accrued and is not cumulative from year to year. The floating holiday may not be scheduled before General Election day; therefore, when an employee terminates employment prior to General Election Day, there shall be no compensation for that day.

During the first (1^st) year of employment 1 day

During the second (2^nd) year of employment 2 days

During the third (3^rd) year of employment and each year thereafter 3 days

Employees shall request personal days in writing in accordance with the personnel policies established by the Township Manager. Personal days do not accrue from year to year nor are they payable upon separation. Otherwise, when the employee leaves the employment of the Township in good standing, personal days are pro-rated for the year. Personal leave may not be used during probationary period.

SECTION 28 - SICK LEAVE:
Sick leave herein defined is to mean absence from duty of an employee because of personal illness, accident, exposure to a contagious disease, or illness of an immediate family member which requires the employee to remain at home to care for same.

A. Effective January 1, 1996 each eligible employee shall earn sick leave at a rate of 5.83 hours of sick leave for each month of employment ten (10) days maximum).

B. Eligible employees hired prior to January 1, 1996 shall be entitled to 8.75 hours of sick leave for each month of employment fifteen (15) days maximum).

Sick leave benefits shall be cumulative from year to year from date of employment.

Sick leave pay shall be based upon the individual employee’s regular, straight time daily rate, exclusive of shift premiums, for the day on which he is absent from work because of such accident or illness.

E. Sick leave may not be granted to any employee until completion of six-month probationary period.

F. A doctor's certificate may be required at the employer's option as a condition for payment of sick leave, except with respect to a period of time during which an employee is hospitalized. Abuse of sick leave shall be cause for disciplinary action. Abuse of sick leave is defined to include, but is not limited to, absence from work when an employee is not sick or hospitalized.

G. Sick leave benefits may not be converted to a cash bonus or to extra time off with pay.

H. Sick leave shall be payable only with respect to a regularly scheduled work day and shall in no event apply to an employee's scheduled day off, holiday, vacation, leave of absence or to any day for which an employee has received full pay from the employer.

I. In case of sick leave due to exposure to a contagious disease, a certificate from a medical doctor shall be required which shall certify that the employee may return to work without endangering the health of co-workers.

J. The Township may require an employee who has been absent because of personal illness, as a condition of his/her return to work, to be examined at the expense of the Township by a physician designated by the Township. Such examination shall establish whether the employee is capable of performing normal duties or that his/her return will not jeopardize the health of other employees.

K. The Township shall pay one-half (1/2) of accrued sick days upon separation of employment in good-standing, or through a reduction-in-force, with a maximum payment of sixty (60) days pay, except as spelled out below with respect to retirement. No payment will be made if the Township terminates the employee. Sick days shall accrue on a monthly basis and are pro-rated for the year the employee is hired or leaves the employment of the Township.

Upon the death of an employee, payment as stated above shall be paid to the employee's spouse, dependents or estate.

Upon retirement only, an employee shall be compensated for 50% of all sick leave accrued as a Township employee and as long as the employee has a minimum of fifteen (15) years of full-time employment with the Township.

In the event of a reduction-in-force, the employee who accepts immediate payout of sick time will have a six-month recall period. The recall period will revert to a one-year period following the layoff if the employee does not accept immediate payout of sick time. If the employee is not recalled after one year, said employee may request payout of sick time to be paid at the next scheduled payroll period.

Although sick time is accrued monthly, the annual allotment of sick time shall be available on January 1. Half of an employee’s sick time allotment shall be available for use January 1 to June 30. The remaining half shall be available for use July 1 to December 31. If an employee leaves prior to the end of the year and has a minus balance in sick time, the money shall be paid back to the township and/or withheld from final the paycheck.

SECTION 29 – BENEFITS AFTER RETIREMENT

The Township will provide benefits (base plan) after retirement (until eligible for Medicare) to employees who are fifty-five (55) years of age with twenty (20) years with the Township in PERS in accordance with the following schedule:

Sick Hours Single Coverage Husband/Wife Coverage
960 Medical -
1160 Medical/Prescription OR Medical
1360 Medical/Pres./Dental OR Medical/Prescription
1560 Medical/Pres./Dental

This is an option to the existing sick time trade-in policy. The Sick Hours to be exchanged may include unused vacation time accrued during the 12 months immediately preceding the retirement date.

Employees hired after on or after January 1, 2008, will not be eligible for benefits after retirement.

SECTION 30 - JURY DUTY LEAVE
A regular full-time employee only who loses time from his/her job because of jury duty, as certified by the Clerk of the Court, shall be paid by the Township the difference between his/her daily pay rate up to a maximum of seven (7) hours and the daily jury fee subject to the following conditions:

1. The employee must notify his/her supervisor immediately upon receipt of summons for jury.
2. This section does not apply where an employee voluntarily seeks jury service.

3. No reimbursement of wages will be made for jury service during holidays or vacations.
4. At the Township's request, adequate proof must be presented of time served on jury and the amount received for such service.

A. Five consecutive work days, one of which shall be the day of the funeral, for death of spouse, children, stepchildren, parents, legally adopted children, brother and sister;

Three consecutive work days, one of which shall be the day of the funeral, for grandparents, grandchildren (or step-children), mother/father-in-law, daughter/son-in-law, brother/sister-in-law:

C. Employees requesting bereavement leave will sign a certification attesting to their relationship to the deceased and will provide a copy of the obituary.

SECTION 32 - LEAVE OF ABSENCE
A. The Township shall abide by all federal and state laws and regulations pursuant to FMLA and NJFLA.

Workers’ Compensation – Employees receiving Workers’ Compensation are entitled to a leave of absence as follows:

Nine (9) months’ leave, inclusive of the twelve (12) weeks provided under FMLA;
Upon written request and appropriate medical documentation per Township procedures, this period may be extended once at the sole discretion of the Township Manager for up to six (6) additional weeks;
An employee unable to return to work after the leave time taken under paragraphs (1.) and (2.) above shall be permitted to utilize his/her accumulated sick days, personal days and vacation days thereafter.

1. Discharge with cause;
2. Resignation;
3. Failure to return promptly upon expiration of authorized leave;
4. Absence for three (3) consecutive working days without leave or notice; and
5. Engaging in any other employment during a period of leave

The parties direct the arbitrator to decide, as a preliminary question, whether he has jurisdiction to hear and decide the matter in dispute.
The arbitrator shall be bound by the provisions of this Agreement and the Constitution and Laws of the State of New Jersey and be restricted to the application of the facts presented to him involved in the grievance. The arbitrator shall not have the authority to add to, modify, detract from or alter in any way the provisions of this Agreement or any amendment or supplement thereto. The decision of the arbitrator shall be final and binding.
The arbitrator’s decision shall be in writing, with reasons.
The Union and the township shall be limited to placing one (1) issue before an arbitrator at any one time. Arbitrators shall be prohibited from hearing more than one (1) grievance except by mutual consent of the parties.

Calling or participating in any unauthorized strike, work stoppage or slowdown;
2. Drunkenness proven during working hours or being under the influence of alcohol during working hours, (if any employee refuses to take a properly administered breathalyzer examination, he shall be subject to suspension or termination. No personnel shall consume alcoholic beverages during working hours);
3. Theft or dishonesty;
4. Assault on Township employees or a Township representative;
5. Carrying an unauthorized passenger in Township vehicles;
6. Possession or use of non-prescription legend or narcotic drugs while on the job;
7. Any violation of the provisions of the Code of the Township of Evesham or the Revised Statutes of the State of New Jersey.
8. Abusive and/or obscene language and/or gestures or assault on Township employees, Township representatives, or the general public.
9. Knowingly altering another employee’s or employee’s own time records or manipulating any related timekeeping procedures.

The decision of the hearing examiner shall not be subject to arbitration but may be appealed to any court of competent jurisdiction.

If the Union acts for the employee and is dissatisfied with the decision of the examiner and the Union may, within five (5) days after receiving the decision of the hearing examiner, submit same to PERC. The arbitrator shall be limited to the determination of whether the disciplinary action was imposed for just cause and shall have no power to add to, subtract from, or modify any of the terms of this Agreement, nor to establish or change any wage rate. The decision of the arbitrator shall be final and binding upon both parties.

Any fees or administrative charges for the arbitrator shall be borne equally by both parties. Witness fees and other expenses shall be borne by the parties respectively.

Unless extended by mutual agreement in writing, the failure to observe the time limits herein shall constitute abandonment of the grievance and settlement on the basis of the last answer.