Draft 6/17/02
35
Agreement between
The Board of Trustees
of Gloucester County College and The Gloucester County College
Educational Association Facilities Group,
which is affiliated with the
New Jersey Education Association ______________________________________________
2004-2007
Effective July 1, 2004
TABLE OF CONTENTS
AGREEMENT.....……………....................................................................................1
ARTICLE I General Conditions..........................................................................2
1.1 Purpose.....................................................................................2
1.2 Recognition..............................................................................2
1.3 Contrary to Law.......................................................................2
ARTICLE II Rights of Parties...............................................................................3 – 7
2.1 Right to Organize.....................................................................3
2.2 Discrimination.........................................................................3
2.3 Rights and Function of Management…..................................3
2.4 Check off..................................................................................5
2.5 Representation Fee for Non-Members……………………...6
2.6 Safety Conditions....................................................................7
2.7 Bulletin Boards........................................................................7
2.8 Association Visitation.............................................................7
2.9 Elected Association Position……….……………………….7
ARTICLE III Hours and Overtime Compensation................................................9 - 13
3.1 Work Week..............................................................................9
3.2 Rest Period...............................................................................9
3.3 Notification of Change..............................................................9
3.4 Overtime Compensation..........................................................9
3.5 Notice for Overtime.................................................................10
3.6 Emergency Closing…………………………………………11
3.7 Snow Days……………………………………………….....11
3.8 Excused for Injury……………………..................................11
3.9 Personnel Files……………………………………………..12
3.10 Response to Evaluation………..…………………………...13
ARTICLE IV Seniority............................................................................................14 - 16
4.1 Definition..................................................................................14
4.2 Layoff.......................................................................................14
4.3 Recall........................................................................................14
4.4 Seniority for Association Officers...........................................15
4.5 Termination..............................................................................15
4.6 Military Leave..........................................................................15
4.7 Family and Medical Leave......................................................15
4.8 Child Rearing Leave………………………………………..16
ARTICLE V Employee Benefits............................................................................17 - 23
5.1 Annual Vacation......................................................................17
5.2 Sick Leave................................................................................18
5.3 Bereavement............................................................................18
5.4 Holidays..................................................................................19
5.5 Medical Insurance...................................................................19
5.6 Insurance Carrier(s)………………………………………...19
5.7 Dental Insurance…………………………………………...19
5.8 Retiree Coverage……………………………………………20
5.9 Tuition Waiver………………………………………………21
5.10 Personal Leave……………………………………………..21
5.11 Jury Duty…………………………………………………..22
5.12 Uniforms…………………………………………………...22
5.13 Notice of Leave Balance…………………………………...22
5.14 Tuition and Certification Reimbursement………………….22
ARTICLE VI Retirement "Bonus".........................................................................24
ARTICLE VII Grievance Procedure........................................................................25 – 28
7.1 Definition…………………………………………………...25
7.2 Steps………………………………………………………...25
7.3 Conditions…………………………………………………...28
ARTICLE VIII Salary Schedule...............................................................................31 - 34
8.1 Base Rate of Pay Increase.......................................................31
8.2 Minimum and Maximum ......................................................30
8.3 Hourly Hiring Rates of Pay………………………………...31
8.4 Promotional Factor………….................................................32
8.5 Shift Differential………………............................................32
8.6 Black Seal License for Custodians............. ………………..33
8.7 Additional Skills Attainment Award………………………33
8.8 Vacancies…………………………………………………..34
8.9 New Employees…………………………………………...34
8.10 Job Descriptions……………………………………………34
8.11 Make-Up Days……………………………………………..34
ARTICLE IX Agreement Terms.............................................................................36
9.1 Scope of Agreement................................................................36
9.2 Term and Notice......................................................................36
AGREEMENT
Between the Board of Trustees of Gloucester County College, operating under the provision of Public Laws of 1974, Chapter 123 of the State of New Jersey
and
Gloucester County College Educational Association Facilities Group, affiliated with the New Jersey Education Association.
This Agreement entered into on July 1, 2004 between the Board of Trustees of Gloucester County College, hereinafter called the Board, and the Gloucester County College Educational Association Facilities Group, affiliated with the New Jersey Education Association, on behalf of the Maintenance, Grounds and Custodial Employees of Gloucester County College, hereinafter called the Facilities Association, represents a complete agreement between the parties.
ARTICLE I
GENERAL CONDITIONS
1.1 Purpose
It is the intent and purpose of the parties hereto to set forth herein the Agreement covering wages, terms and conditions of employment to be observed by the parties hereto and to secure closer and more harmonious relations between said parties.
1.2 Recognition
The Board recognizes New Jersey Education Association, on behalf of the Maintenance, Grounds, and Custodial Employees, as the exclusive bargaining agent for employees in the custodian, grounds, and maintenance/fireman categories for the purpose of collective bargaining in respect to wages, terms and conditions of employment.
The term "employees" as used in this agreement shall include all full-time and regular part-time custodian, groundskeeper, grounds/utility, custodian/utility and maintenance/fireman personnel but excluding those employees not specified in the list included in the PERC determination dated September 14, 2001.
This agreement shall not cover temporary, occasional or seasonal part-time employees.
1.3 Contrary to Law
If any provision of this agreement or any application of this agreement to any employee or group of employees shall be found contrary to law, then such provision or application shall be void, but all other provisions or applications of this agreement shall continue in full force and effect.
ARTICLE II
RIGHTS OF PARTIES
2.1 Right to Organize
All present and newly hired employees covered by this Agreement may on the ninetieth (90th) calendar day of employment, or ninety (90) days after the effective date of this Agreement whichever is the later, become members in good standing of the Association and may maintain membership in the Association during the life of this agreement. Any employee who is terminated during the first 90 days of employment is not eligible for the grievance procedure of this agreement.
2.2 Discrimination
There shall be no discrimination, interference, restraining, intimidation or coercion by the Board and its agents or representatives or by the Association and its representatives against any of the employees covered under this Agreement because of their membership or non-membership in the Association or because of any lawful activities by such employees on behalf of the Association. The Association, its members and agents, shall not discriminate against, interfere with, restrain or coerce any employees covered under this Agreement who are not members of the Association.
2.3 Rights and Function of Management
Subject to the provisions of this Agreement, the Association agrees that supervision, management and control of Gloucester County College operations are exclusively the function of the administration and the Board and that the Board has the right to make such reasonable rules and regulations as it considers necessary or advisable for the orderly and efficient conduct of its operations.
The Board hereby retains and reserves onto itself, all powers, rights, authority, duties and responsibilities conferred upon and vested in it prior to the signing of this Agreement, by the laws and the constitutions of the State of New Jersey and the United States including, but not limited to the following rights:
(a) The executive management and administrative control of Gloucester County College and its properties and facilities and activities of its employees by utilizing personnel, methods, and means of the most appropriate and efficient manner possible, as may, from time to time, be determined by the Employer.
(b) To insure compliance with all state and federal laws and regulations governing the operations of the Employer’s facility.
(c) To make, maintain, and amend such reasonable rules and regulations as it may from time to time deem best for the purposes of maintaining order, the safety of students, employees, and guests and to require compliance by employees.
(d) To hire all employees, to determine their qualifications and conditions of continued employment, to set their assignment, and to promote and transfer employees.
(e) To decide the number and types of employees needed for any particular time and or task and to be in sole charge of the quantity of the work required.
(f) To suspend, demote, discharge or take any other appropriate disciplinary action against any employee for just cause according to the law and the provision of the collective bargaining agreement.
(g) To lay off employees in the event of lack of work or funds or under conditions where continuation of such work would be inefficient and non- productive or for other legitimate reason according to the provisions of this collective bargaining agreement.
(h) The above is subject to the law and the provision of the collective bargaining agreement.
The exercise by the Board of any one or more of its prerogatives, as set forth above, shall not at any time be subject to collective bargaining as provided in this Agreement; subject always to the right of the Association to bargain collectively with the Board with respect to salaries, grievances, and other conditions of employment, referred to in the Agreement. The Board retains all rights not specifically conferred upon the Association.
2.4 Checkoff
For the duration of this Agreement, the College shall deduct the monthly Association dues and initiation fees, if payment is payable, on a pro-rata bi-weekly basis, for those employees in the bargaining unit whose written and signed authorization has been obtained by the Association and forwarded to the Office of Human Services of Gloucester County College.
The College shall forward a check for the total of such deductions to the Association Treasurer by the l5th day of the month following the month for which deductions are made. The following dues deduction authorization shall be in the form as indicated on Appendix I. The Association shall indemnify and save the Board (and College) harmless against any and all claims, demands, suits or other forms of liability including reasonable legal and/or representation fees resulting from any of the provisions of this Article or in reliance on any list, notice or assignment furnished under this Article.
2.5 Representation Fee for Non-Members
(a) The Association President shall submit to Human Resources a list of names of employees covered by this contract who are not currently dues paying members. The College, in compliance with State law and this agreement, will deduct a representation fee equal to a percentage of the regular dues as certified on an annual basis by the Union, which shall be remitted to the Union in the same manner as dues. In the case of newly hired employees, deduction of representation fees will begin with the next paycheck following submission of dues check off card or, in lue thereof , with the next paycheck following a written request by the union to withhold.
(b) It is agreed by the parties to this Agreement that the Board shall have no other obligation or liability, financial or otherwise, (other than set forth herein) because of actions arising out of the understandings expressed in the language of this Article. It is further understood that once the funds deducted are remitted to the Association, the disposition of such funds thereafter shall be the sole and exclusive obligation and responsibility of the Association.
(c) The NJEA agrees that it has established or will establish a procedure by which a non-member employee in the unit can challenge the representation fee in accordance with N.J.S.A. 34: 13A-5.6.
2.6 Safety Conditions
The Facilities Group may have a representative on the College wide Safety Committee.
2.7 Bulletin Boards
The College shall make available to the Association a bulletin board for the purpose of posting official Association notices.
2.8 Association Visitation
Officers or representatives of the NJEA shall, upon notice to the President of the College or his/her designee, be admitted to the College during working hours for the purpose of ascertaining whether or not this Agreement is being observed by the parties or for assisting in the adjustment of grievances.
2.9 Elected Association Position
Any one member of this bargaining unit will be granted a one year unpaid leave of absence to serve in an elected or designated NJEA position. Application for such leave must be made at least 45 calendar days prior to the effective date of such leave, and notice of intent to return must be given at least 45 calendar days prior to expected date of return. If notice of intent to return is not received prior to the required date then this shall be understood as resignation.
A maximum total of five (5) unpaid days for convention attendance will be granted each year between July 1 and June 30. No more than one (1) Association member may use part of this total aggregate amount of leave at any one time, and application for such leave must be made at least thirty (30) days prior thereto.
ARTICLE III
HOURS AND OVERTIME COMPENSATION
3.1 Work Week
The standard work week shall be thirty-five (35) hours per week, Monday through Friday, seven working hours per day, five (5) days per week, exclusive of one hour daily for meals.
The College shall not be limited by any provision in this agreement from establishing a standard five-day work week other than Monday through Friday.
Staffing of any other shift will be offered by seniority first per job category. In the event no one accepts, the least senior qualified employee per job category will work the required time.
3.2 Rest Period
All employees will be allowed a fifteen (15) minute break, one in each half of the workday schedule as scheduled by the respective supervisors.
3.3 Notification of Change
The Association shall be notified of any proposed changes in the above working schedule. Any differences or disputes concerning any such proposed changes shall be handled through the grievance procedure. Except in unusual circumstances when it cannot be anticipated, an Association member will be notified at least one week in advance of a permanent reassignment of duties.
3.4 Overtime Compensation
All work performed in excess of thirty-five (35) hours and up to forty (40) hours in the
standard work week shall be paid at the regular straight time rate. An employee may elect to earn employee compensatory time in lieu of payment for these straight time hours. Compensatory time may be earned and used only with the prior approval of the supervisor. An employee may “bank” up to 28 hours of compensatory time for future use during a fiscal year, however, all compensatory time must be used by June 30th and cannot be carried forward into the subsequent fiscal year.
An employee shall receive a total of 1½ times his or her normal hourly compensation for every hour of work performed in excess of forty (40) hours per week or performed on days other than the employee’s assigned workweek. The College shall pay employees who work the standard workweek two times the normal compensation for hours worked Sunday. Individuals who work other than the standard workweek shall receive two times the normal compensation on the seventh consecutive day of work. All work required on Board approved holidays shall be paid holiday pay plus one and one-half (1½) times the regular straight time rate for all hours worked on the holiday.
Whenever an employee is required to work three continuous hours beyond and in addition to his/her regular workday, the College shall provide the employee with a meal. In lieu of a meal, the College may elect to provide the employee with a $10 meal allowance.
3.5 Notice for Overtime
If overtime is required, the administration will endeavor to give notice of twenty-four (24) hours of overtime requirements and notice of forty-eight (48) hours of requested holiday overtime. However, such notice shall be at least four (4) hours prior to the commencement
of an overtime requirement unless agreed to by the employee. No employee shall be compelled to work overtime on holidays.
3.6 Emergency Closing
Full-time employees who are scheduled to work but directed not to report to work due to inclement weather or another emergency situation will be credited with one hour of pay for each hour that he/she is scheduled to work. Employees who are officially dismissed early due to weather or any other situation will be paid for their entire scheduled workday. (Employees who are required to stay will be compensated as described under Section 3.7.) All full-time employees in active pay status shall be paid for the entire day if the college is closed for the entire day.
Emergency closing compensation will be provided unless an Act of God or a regional/national emergency beyond the control of the Board prevents the College from making these payments. It is the employee’s responsibility on days of inclement weather to check College designated information sources for College closing information.
3.7 Snow Days
On those snow days when unit employees are required for snow removal and all other employees have been excused, then compensatory time shall be scheduled at a subsequent time.
3.8 Excused For Injury
If any employee is injured in the performance of his/her duties during the course of the work day and requires medical or surgical attention, and is advised by medical personnel or the nurse not to return to work that day, he/she will be paid the balance of the regular work day on which such injury occurs at his/her regular hourly rate.
3.9 Personnel Files
(a) The College shall maintain a Personnel File on each employee which shall include, but not be limited to, the following:
1. Personnel information;
2. Information relating to the employee's accomplishments submitted by the employee or placed in the file at his/her request;
3. Records generated by the College;
4. Job description;
5. Disciplinary action notices and;
6. Information indicating special achievements, performance and contributions.
(b) The employee may, upon request, examine the individual personnel file referred to in item (a) above and photocopy material therein, within five (5) working days of the initial request, at a time mutually convenient to the administrator in charge and the unit member.
(c) Human Resources will be responsible for the safekeeping of the Personnel Files.
(e) Unit members shall be shown material to be placed in their Personnel File and shall acknowledge by signature having seen same. Such acknowledgment shall not necessarily indicate agreement with the material. Unit members shall have the right to respond to any material placed in the file within five (5) days after reviewing such material.
(f) Personnel Files will be available to the appropriate personnel and Board members when matters of promotion, retention and performance are under discussion.
(g) No employee will be disciplined, reprimanded, or have his/her compensation reduced without just cause.
3.10 Response to Evaluations
When an employee receives a written evaluation or letter of discipline, then the employee, within five (5) calendar days, may provide his/her immediate supervisor with a written response and the response will also be incorporated into the employee's Personnel File.
ARTICLE IV
SENIORITY
4.1 Definition
Seniority shall be defined as the employee's length of continuous service beginning with original date of reporting to work in the bargaining unit.
4.2 Layoff
(a) When reducing the work force, the least senior employee within the job category will be given a two (2) week layoff notice (except in the case of an Act of God) and will be placed up for disposition.
(b) An employee not having sufficient seniority to retain a job within his/her job category will be permitted to displace the least senior employee in another job category, seniority permitting, providing the employee can fulfill the requirements of the job.
(c) An employee not fulfilling the requirements of the job as outlined in above paragraph B will then be laid off and placed on recall list.
4.3 Recall
All employees shall be notified by certified mail, directed to the address of the employee as stated in the College records, to return to work and be allowed five (5) work days in which to report to work after such notice before any loss of seniority occurs.
Employees on layoff shall be recalled to work prior to the Board's hiring new employees for the jobs open by the layoffs. Employees hired after November, 1989 shall be eligible for recall when on layoff for a period equal to one (1) month for each two (2) months of employment but not to exceed a total of eighteen (18) months.
4.4 Seniority For Association Officers
All Association officers employed at Gloucester County College shall be deemed to have super seniority insofar as layoffs are concerned during the term of office to which they are elected. They will be returned to their regular standing on the seniority list upon termination of office.
4.5 Termination
Seniority shall cease upon voluntary termination, discharge for just cause, or failure to return to work when recalled. The Association President shall be notified immediately of all discharges.
4.6 Military Leave
All military leaves shall be dealt with in accordance with applicable Federal and Local regulations.
4.7 Family Leave and Medical Leave
Eligible employees may be entitled to unpaid leave for their own serious health condition, their serious health condition of certain close family members or to care for a newborn or newly adopted child, pursuant to the Family and Medical Leave Act and or the New Jersey Family Leave Act. Such leaves shall be granted, consistent with these statutes and with College policy. Employee benefits will continue as required by federal and/or state statute during this period.
4.8 Leave to Care for a Newborn or Newly Adopted Child
The College will provide child rearing leave concurrent with the federal and state family leave programs so that an employee may receive a maximum of one year of unpaid leave for
the care of a newborn child under one-hundred-twenty (120) days of age at the time the
leave commences (or for an adopted child less than five years of age). Employee benefits
will be provided during the time that an employee is covered under the provisions of the
federal and state leave programs; thereafter, all benefits and employee seniority will be
frozen for the duration of the leave period.
ARTICLE V
EMPLOYEE BENEFITS
5.1 Annual Vacation
(a) Employees shall receive ten (10) working days vacation for the first year of employment, earned at the rate of one day per month commencing with the third month. After the first full year up to five (5) full years of service, the employee will receive twelve (12) working days vacation per year earned at the rate of one (1) day per month. Commencing with the sixth (6th) year of service, the employee will receive fifteen (15) working day vacation per year earned at the rate of one and one-quarter (1.25) days per month. Employees who have completed at least 10 years of service shall receive the following vacation entitlement earned pro rata:
Years Completed Service # Days Vacation
10 17 earned at the rated of 1.42 days per month
11 18 earned at the rated of 1.50 days per month
12 19 earned at the rated of 1.58 days per month
13 20 earned at the rated of 1.66 days per month
14 and over 21 earned at the rated of 1.75 days per month
(b) An employee may accrue and carry forward up to one year’s worth of his/her
entitlement of vacation time into the next fiscal year. This time must be used by June 30 of the next fiscal year, so that no more than one year’s worth of vacation accrual is carried forward into any subsequent fiscal year. In rare instances, an
employee may carry forward vacation time in excess of the one year’s allocation upon approval of the President. Vacation schedules are the responsibility of the supervisor and should be so arranged that efficiency of the office and the College may be maintained. Seniority will be given consideration in the arrangement of vacation schedules.
5.2 Sick Leave
Full-time employees in paid status shall earn one sick day per month, up to a maximum of twelve days per year. If an employee separates employment, he/she will only be credited with the days earned through the separation date.
Sick leave is subject to medical verification if requested by Human Resources.
Sick leave will be credited to the employee on a pro-rated basis from the time of employment for those starting other than the start of the college fiscal year.
5.3 Bereavement
A paid bereavement leave of four (4) days maximum will be allowed for each death in the immediate family for the period covering up to seven days from the date of the death. Family shall mean: father, mother, siblings, wife, husband, children, stepchildren, grandchildren, grandparents, mother-in-law, and father-in-law.
In the event of the death of a member of the family other than those previously listed, an Association member may be entitled to one full day to attend the funeral. The employee also may use up to three days from accrued sick leave or personal leave to support bereavement leave requirements for these other family members.
5.5 Holidays
The Board shall designate fourteen (14) holidays annually for full-time twelve-month employees.
5.6 Medical Insurance
Under the New Jersey State Health Benefits Program, all current employees who have completed their probationary period will be eligible to enroll into the provider plan of their choice at his/her appropriate level of coverage (e.g., single, couple, parent/child or family coverage). The College will administer all health and prescription drug programs in accordance with the requirements and guidelines of the State Health Benefits Commission.
5.7 Insurance Carriers(s)
The Board reserves the right to change insurance carriers and/or self-insure so long as substantially similar benefits are provided. In the event the Board decides to change insurance carriers and/or self-insure, the matter will first be discussed with representatives of the prior to any change, and if the Facilities Group does not agree that the benefits to be provided by the new carrier or through self-insurance are substantially similar, the Facilities Group may file for arbitration within fifteen (15) calendar days from notification by the Board of its intention to change carriers or self-insure.
5.8 Dental Insurance
Dental insurance will be provided to each unit member at his/her appropriate level of coverage (e.g., single, couple, parent/child or family coverage) through Delta Dental or a like dental provider. Should a unit member individually elect to expand or increase coverage beyond the coverage levels in place as of 6/30/01, then the unit member will be responsible for any additional cost of the expanded or additional coverage through an employee payroll deduction.
5.9 Retiree Coverage
All current unit members retiring after July 1, 2001, with 15 years of service at the College and a minimum age of 62, or at any age with at least 25 years of service in the New Jersey Retirement Pension Systems, shall receive retiree benefits through the Health and Dental providers offered by the college. The employee shall be eligible to receive his/her appropriate level of coverage (e.g., single, couple, parent/child or family coverage). The retiree will be responsible for any dental co-payments for expanded services consistent with those for active employees at the time of his/her retirement.
All unit members hired after June 5, 2002, shall receive the following upon retirement:
(a) Those with 15 years or more service to the College and a minimum age of 62 shall receive single health coverage as provided under the New Jersey Health Benefits Program and the equivalent of single coverage for Dental insurance. The retiree will be responsible for any dental co-payments for expanded services consistent with those for active employees at the time of his/her retirement.
(b) Those with 25 years of service under the New Jersey Retirement Pension Systems shall receive coverage at his/her appropriate level (e.g., single, couple, parent/child or family coverage) as provided under the New Jersey Health Benefits Program and the college’s coverage for Dental insurance. The retiree will be responsible for any dental co-payments for expanded services consistent with those for active employees at the time of his/her retirement.
5.11 Tuition Waiver
Subject to meeting entrance requirements, each unit member, his/her spouse and children through age twenty-three (23) will be granted waiver of tuition and activity fee for Gloucester County College credit courses. The employee also shall be eligible for a tuition waiver for non-credit courses, workshops or seminars as long as there is space available and there is no additional cost to the College as a result of the waiver. In any instance in which the agreement with a co-sponsoring organization for an offering prohibits access to courses that agreement with the co-sponsor shall govern.
5.12 Personal Leave
Employees may be granted one (1) day personal leave with pay for bona fide personal business which cannot be handled outside of regular working hours, such as:
(a) Real estate closing.
(b) Marriage of the unit member or of a member of his/her immediate family.
(c) Graduation of a member of the immediate family.
(d) Required appearance in court wherein the employee is not in party and suit with the College.
Request for such leave shall be in writing not less than five (5) days in advance, except in the case of an emergency. In a personal emergency situation, the employee shall notify his supervisor as soon as possible.
In cases where there is a life threatening illness of a unit member's spouse or child a maximum of three (3) personal days may be utilized provided such illness is certified by an attending physician and further provided that the unit member has unused personal leave days from the prior three years.
5.13 Jury Duty
Employees who are required to be absent from work to serve on jury duty shall be paid their regular straight time daily pay.
5.14 Uniforms
The College shall provide uniforms (shirts and trousers) to each unit member after a ninety (90) day probationary period. Such uniforms shall be maintained by vendor service selected at College discretion, at no cost to the employee.
5.15 Notice of Leave Balance
Employees shall be given a written accounting of sick leave days and vacation days no later than May 1 of each year.
5.16 Tuition Reimbursement
The Board of Trustees shall authorize payment to unit members for up to 12 credits of under-graduate study in the unit member's field of work per fiscal year (July 1 to June 30). Payment shall be made subject to the following conditions:
(a) Courses must be submitted at least ten (10) days prior to matriculation in such course(s) and are subject to approval by the President or his designee.
(b) Reimbursement will be on a per credit basis at a rate not to exceed the Rutger’s undergraduate rate and will be contingent upon the successful completion of course work with a grade of “C” or better or “B” or better for graduate level courses.
(c) Nothing herein precludes approval by the President or his/her designee of beneficial graduate courses.
(d) Certification Reimbursement
Unit members will be reimbursed for successfully completing and obtaining certification that directly benefits the unit member and the College in his or her performance of the job. Prior to enrolling the unit member must obtain approval from the College.
(e) Employees agrees to be employed for one (1) year following the conferring of the degree, and that if the employee leaves voluntarily before completing one (1) year of employment the employee will reimburse the College any monies the College has invested in the administrator to obtain said degree.
ARTICLE VI
RETIREMENT "BONUS"
6.1 The retirement "bonus" shall be based on a payment of $65 per accumulated sick day, provided that:
(a) The employee had been employed actively by the College for at least 20 years.
(b) The employee must provide at least six months prior written notice of intent to retire. However, the President may waive this notification requirement in the case of a life-threatening illness.
(c) The employee retires under the New Jersey Public Employees' Retirement System.
6.2 If the years of an employee's active College service is less than 20 but at least 10 full years, then the retirement "bonus" shall be proportional (i.e., 11/20, 12/20 etc.) to the maximum as per above.
6.3 The exception for the proration under section 6.2 above is if the employee is retiring at age 62 or older with 15 or more years of active College service. In this circumstance, the employee will receive the full retirement bonus as calculated under section 6.1.
6.4 The employee may elect to defer the retirement "bonus" compensation up to 12 months from the date of retirement.
6.5 The maximum retirement bonus shall be $10,000.
6.6 In cases where a unit member dies while actively employed and has provided written notification of intent to retire (under section 6.1B), the bonus will be paid to his/her estate.
ARTICLE VII
GRIEVANCE PROCEDURE
7.1 Definition
A “grievance” is a claim by an employee, employees or the Association based upon the interpretation, application or violation of this Agreement, policies or administrative decisions affecting an employee or group of employees, except that an appeal to subsequent arbitration may only be based upon violation of the expressed terms of this contract.
A “grievant” shall refer to the employee or employees or the Association making the claim on behalf of the employee or group of employees or the Association on behalf of itself.
7.2 Steps
The procedure for handling a grievance is outlined below. The purpose of this procedure is to secure, at the lowest level, an equitable solution to the claim. Both parties agree that proceedings will be kept as informal and confidential as may be appropriate at any level of the procedure. The number of days indicated at each level should be considered as a maximum, with every effort made to expedite the process. The time limits specified may, however, be extended by mutual agreement.
Step 1: A grievant shall meet to discuss a grievance with his/her immediate supervisor within twenty- five (25) working days of the occurrence or thereafter be barred. The Association’s designated representative may be present at this meeting, if requested. The immediate supervisor shall respond to the grievance as soon as possible but not later than five working days from the date that the grievance was discussed. If the immediate supervisor’s answer does not resolve the grievance and the employee chooses to pursue the matter further, the grievant shall submit a grievance in writing using the Formal Grievance Procedure Form. This form shall be submitted within five (5) working days from receipt of the Supervisor’s response and shall set forth the facts upon which the grievance is based, the section(s) of the agreement where the employee’s rights are alleged to have been violated and the remedy or correction sought. As a result of this action, the grievance shall be referred to Step 2.
Step 2: If no satisfactory response is received within five (5) working days, the Association representative (or designee) on the one hand and the President (or designee) and the immediate supervisor on the other hand shall meet and discuss the grievance. If no satisfactory agreement is reached between them within five (5) working days of receipt of the grievance form, the matter will be referred to Step 3.
Step 3: Grievance Committee, comprising the Association representative or designee on the one hand and the President of the College (or designee) on the other hand, shall meet in an effort to resolve the grievance. If no satisfactory agreement is reached between them within five (5) working days of receipt of the grievance, the matter shall be referred to Step 4.
Step 4: The Grievant shall submit a written copy of the grievance to the Board of Trustees (or designees) through the Secretary of the Board within ten days of the Committee meeting. The Board shall, within (20) working days of the date of filing, either allow the grievance or form a committee and hold a hearing on the grievance. Should a hearing be held, the Grievant shall be notified in writing no later than five working days after the hearing of the recommendation from the committee. The Board of Trustees shall publicly indicate its disposition of the grievance at its next regularly scheduled meeting after notification to the Grievant. Step 5: All differences, disputes or grievances between the parties that are not satisfactorily settled after the steps indicated above shall, at the request of the Association, be submitted to arbitration within fifteen (15) working days to the Public Employment Relations Commission (PERC). The rules of that agency shall apply. Neither the Board nor the Association shall be permitted to assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the other party. The arbitrator shall have no power to alter, add to or subtract from the terms of this agreement. No more than one (1) substantive issue may be submitted to the arbitrator at any proceeding unless agreed to in writing by both parties.
The arbitrator shall submit a written decision within thirty (30) days of the close of the hearing setting forth his findings of fact, reasoning and conclusions on the issue submitted. Acknowledging binding arbitration as the means of resolution for any dispute arising under the terms of this Agreement, the Association and all Facilities employees shall not cause, engage in, or sanction any strike, slow-down, or other concerted action for the duration of this Agreement because of any dispute or disagreement between the College, or its representatives, and the Union, or any and all custodial and maintenance employees, or between any other persons, or other employees or organizations who are not signatory parties to this Agreement.
7.3 Conditions
(a) Human Resources shall report all disciplinary actions taken against any bargaining unit member to the President of the Association. The name of the disciplined employee shall only be included with their written consent.
(b) All time spent, during normal working hours, in the adjustment of grievances and arbitration will be paid at straight time.
(c) The Association and the Board shall share equally the arbitrator's fee and expenses.
(d) The Association and the Board shall have the right to bring in the aggrieved person(s) in any of the above steps of the grievance procedure as outlined above.
(e) Anything to the contrary notwithstanding, any challenge to the propriety of a discharge must be filed in writing to the Board within five (5) working days from the date of the discharge or the same will be deemed to have been waived.
(f) A grievance may be withdrawn at any level.
7.4 Formal Grievance Procedure Form
NAME____________________________________________________
POSITION_________________________________________________
DATE OF GRIEVANCE______________________________________
DATE OF FILING___________________________________________
TERM(S) OF CONTRACT VIOLATED _____________________________
NATURE OF GRIEVANCE:
REMEDY SOUGHT BY GRIEVANT:
SIGNATURE___________________________________________
Step 2
DATE FILED FOR STEP 2 HEARING: ___________________
DATE STEP 2 HEARING HELD: ___________________
STEP 2 DISPOSITION:
SIGNATURE ____________________________________ DATE: ____________
STEP 3
DATE FILED FOR STEP 3 HEARING: ___________________
DATE STEP 3 HEARING HELD: ___________________
STEP 3 DISPOSITION:
SIGNATURE ____________________________________ DATE: ____________
STEP 4
DATE RECEIVED BY SECRETARY OF BOARD OF TRUSTEES ________________
DATE GRIEVANCE ALLOWED _____________________________ OR
DATE HEARING HELD _____________________________
DISPOSITION:
SIGNATURE ____________________________________ DATE: ____________
ARTICLE VIIISALARY SCHEDULE
8.1. Base Rate of Pay Increase
The base salaries for all association members shall be increased as follows:
July 1, 2004 (FY05): $1,180
July 1, 2005 (FY06): $1,227
July 1, 2006 (FY07): $1,276
A member must be on the College’s full-time employee payroll as of July 1 to be eligible for the annual increase specified above.
8.2 Minimum and Maximum Rates of Pay
The following levels shall be established as hiring hourly rates of pay and maximum base salaries for unit members:
8.3 Hourly Hiring Rates of Pay
7/1/04 7/1/05 7/1/06
Custodian $13.09 ($23,825) $13.54 ($24,650) $14.00 ($25,475)
Grounds Positions $13.37 ($24,325) $13.82 ($25,150) $14.27 ($25,975)
Custodial/Utility $13.64 ($24,825) $14.09 ($25,650) $14.55 ($26,475)
Maintenance/Fireman $14.74 ($26,825) $15.19 ($27,650) $15.65 ($28,475)
Maximum Hour Rates of Pay
7/1/04 - 7/1/06
Custodian $23.49 ($42,750)
Grounds Positions $24.04 ($43,750)
Custodial/Utility $24.04 ($43,750)
Maintenance/Fireman $24.59 ($44,750)
Hiring Salaries
Any new employee hired into the Custodial/Utility title shall be paid at the Custodian
level until he/she receives a Black Seal license. Once the Black Seal is received, the
employee’s salary shall be adjusted by the FY06 differential between the minimum
Custodian and the Custodial/Utility level.
8.4. Promotional Factor
(a) Custodial employee who obtains a black seal license shall be promoted to the Custodial/Utility position providing the employee can fulfill the requirements of the job.
(b) The promotional factor for employees moving from one level to another shall be the differential between the FY06 minimum salaries for each level.
8.5 Shift Differential
There shall be a shift differential for employees who work the second shift or on a daily shift other than Monday through Friday as follows:
2004-2005 $0.29/hr. ($525)
2005-2006 $0.31/hr. ($575)
2006-2007 $0.34/hr. ($625)
There shall be shift differential for employees who work the third shift as follows:
2004-2005 $0.31/hr. ($575)
2005-2006 $0.34/hr. ($625)
2006-2007 $0.37/hr. ($675)
Lead Rate – 2004-2007
$1.00 per hour for the unit member designated as Leads.
8.6 Black Seal License
Any unit member who obtains or holds a black seal license shall receive the following pay rate added to the unit member’s base.
2004-2005 $0.22/hr. ($400)
2005-2006 $0.27/hr. ($500)
2006-2007 $0.33/hr. ($600)
8.7 Additional Skills Attainment Award
A unit member may be eligible to receive a one time $0.25 cent per hour increase upon successfully completing a pre approved trade certificate program.
8.8 Vacancies
If a job opening occurs within the bargaining unit, then the appointment shall be given to the most senior employee who bids, if such senior employee meets established qualifications for the vacant position. The College may require a transition period to effect this new assignment to ensure appropriate coverage during weekend periods.
8.9 New Employees
New employees will be hired at the minimum salary in the given classification. Both parties agree that the College may hire above the minimum pay rate but below the lowest pay rate of an employee in the classification. The probationary period for new employees shall be 90 days.
8.10 Job Descriptions
(a) Job duties and job classifications will be established by management.
(b) Any new or revised job description will be presented to the Association five (5) working days before they are made effective.
(c) Changes in terms and conditions of employment or establishment of new or additional functions shall be first negotiated with the Association in accordance with Chapter 123, P.L. 1974.
(d) The College shall evaluate all employees with Black Seal licenses within twelve months of the enactment of this contract to determine if any employee should be reclassified to the Maintenance/Fireman position. These reclassifications shall occur without regard to seniority, however shift seniority shall still apply in cases where positions are reclassified.
8.11 Make-Up Days
Days of normal work which are proposed for closing (of the College) shall first be advised
to the Association at least thirty (30) calendar days in advance and representatives of the Board and Association shall meet at a time of mutual convenience to resolve a method(s) to make up such time.
ARTICLE IX
AGREEMENT TERMS
9.1 Scope of Agreement
This Agreement incorporates the entire understanding of the parties on all matters which were or could have been the subject of negotiation. During the term of this Agreement neither party shall be required to negotiate with respect to any such matter whether or not within the knowledge or contemplation of either or both of the parties at the time they negotiated or executed this Agreement.
9.2 Term and Notice
(a) This Agreement shall be effective from the date of signing through June 30, 2007. During October 2006 either party may give written notice to the other of its intention to terminate, modify, or supplement this Agreement. Such negotiations for a subsequent Agreement shall commence no later than fifteen (15) calendar days thereafter.
BOARD OF TRUSTEES GCCEA
On behalf of FACILITES EMPLOYEES
by_________________________ by____________________________
Chairperson, Board of Trustees NJEA Representative
by___________________________ by______________________________
Secretary, Board of Trustees President, GCCEA
DATED________________________ by______________________________
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