COLLECTIVE BARGAINING
AGREEMENT BETWEEN THE CITY OF BURLINGTON, NEW JERSEY AND THE COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO
NON-SUPERVISORY WORKERS JANUARY 1, 2012 THROUGH DECEMBER 31, 2015
TABLE OF CONTENTS
ARTICLE DESCRIPTION PAGE
PREAMBLE 1
1 RECOGNITION 1
2 MANAGEMENT RIGHTS 2
3 GRIEVANCE PROCEDURE 3
4 DUES AND REPRESENTATION FEE CHECK-OFF 7
5 LEAVE FOR UNION ACTIVITIES 8
6 UNION ACTIVITIES ON THE WORK SITE 9
7 JOB CLASSIFICATIONS 10
8 SALARIES 10
9 LONGEVITY 11
10 WORK SCHEDULES 11
11 HOURS 12
12 SHIFT DIFFERENTIAL 13
13 HOLIDAYS 13
14 BEREAVEMENT LEAVE 14
15 LEAVE OF ABSENCE WITHOUT PAY 14
16 PREGNANCY DISABILITY/CHILD CARE AND FAMILY 15
LEAVE
17 EDUCATIONAL BENEFITS 16
18 TRAINING 16
19 RECAPITULATION OF LEAVE 17
20 OVERTIME 17
20A EMERGENCY DECLARATIONS 19
21 INJURY LEAVE 20
22 NON-DISCRIMINATION 21
23 SAFETY AND HEALTH 21
24 RULES AND REGULATIONS 22
25 QUALIFICATIONS OF EMPLOYMENT 23
26 DISCIPLINE FOR CAUSE 23
27 HOSPITALIZATION AND INSURANCE 24
28 PROTECTIVE EYE COVER 25
29 VACATION LEAVE WITH PAY 26
30 SICK LEAVE 27
31 PERSONAL DAYS 28
32 SENIORITY 29
33 CLOTHING ALLOWANCE 30
34 RETIREMENT 31
35 OUT OF TITLE PAY 32
36 MUTUAL COOPERATION PLEDGE 32
37 JOB POSTINGS AND PROMOTIONS 32
38 VOLUNTARY SAVINGS PLANS AND CREDIT UNION 34
FUNDS
39 DEFERRED COMPENSATION PLAN 34
40 LABOR-MANAGEMENT LIAISON COMMITTEE 35
41 SEPARABILITY AND SAVINGS 35
42 FULLY BARGAINED CLAUSE 35
43 TERM OF AGREEMENT 36
PREAMBLE
THIS AGREEMENT made and entered into this ____ day of , 2012, by and between the CITY OF BURLINGTON, in the County of Burlington, in the State of New Jersey, a Municipal Corporation of the State of New Jersey (hereinafter referred to as the “City” or “Employer”), and the COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO (hereinafter referred to as the “UNION”), represents the complete and final understanding on all bargainable issues between the City and the Union. The purpose of this Agreement is to promote a harmonious relationship between the City and the Union, to establish an equitable and peaceful procedure for the resolution of differences, to establish rates of pay, hours of work, and other conditions of employment, in order that a more efficient and progressive public service may be rendered. The Employer agrees to distribute this Agreement to all members of the bargaining unit.
The parties to this Agreement recognize that New Jersey Department of Personnel rules and regulations may supersede and control portions of this Agreement.
ARTICLE 1
RECOGNITION
A. In accordance with certification by the State of New Jersey, Public Employment Relations Commission ("PERC"), Docket Number AC-02-6, the Employer recognizes the Communications Workers of America, AFL-CIO as the exclusive collective negotiation agent for all full-time employed non-supervisory employees.
Any of the bargaining unit titles that use bi-lingual and/or interpreter shall remain in the bargaining unit.
B. All managerial executives, confidential employees, supervisory employees, police employees, casual employees, and all other employees of the Employer are excluded from this bargaining unit.
C. In the event that the Employer decides to create and/or use a new title, that title shall be added to this bargaining unit unless it is clearly that of a supervisory, managerial, or confidential nature. If the Employer creates a new position, prior to filling it, the Employer shall notify the Union of the Employer's views concerning inclusion or exclusion in the negotiation unit and if included in the unit, the salary range that the Employer intends to assign to the position. If the Union disagrees, within two (2) weeks after the Union's receipt of the Employer's notification, the Union may advise of its intent to negotiate. Any dispute as to inclusion or exclusion (i.e., unit composition), if not resolved through face to face negotiations, may be submitted to PERC for disposition pursuant to clarification of unit proceedings. Any dispute as to the salary range to be assigned to the position, if not resolved through face-to-face negotiations, may be submitted to PERC for disposition pursuant to impasse procedures (i.e., mediation and fact-finding).
D. If the Union, at any time, wishes to advise the Employer of its views regarding the creation or abolition of positions or the criteria governing the filling of positions or any other non-negotiable subjects pertaining to managerial prerogatives in the area of hiring, staffing, and the like, the Union may write to the Employer in care of the City Administrator. The Employer shall review the Union's written input, and, if the Employer deems it appropriate, shall invite Union representatives to discuss the matter at a Employer meeting it being understood that in all cases, the Employer shall provide written response to the Union.
ARTICLE 2
MANAGEMENT RIGHTS
A. The City of Burlington hereby retains and reserves unto itself, without limitations, all powers, rights, authority, duties and responsibilities conferred upon and vested in it prior to the signing of this Agreement by the laws and Constitution of New Jersey and of the United States, including, but without limiting the generality of the foregoing, the following Rights:
To the executive management and administrative control of the municipal government and its properties and facilities and the related activities of its employees by utilizing personnel, methods and means of the most appropriate and efficient manner possible.
To hire all employees, to promote transfers, assign or retain employees subject to this Agreement in the positions within the City, and in that regard to establish reasonable work rules.
To suspend, demote, discharge or take any other appropriate disciplinary action against any employee for just cause.
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.
To hire all employees and subject to the provisions of law, to determine their qualifications and conditions for continued employment, or assignment and to promote and transfer employees.
B. Employees, regardless of regular assignment may be assigned by the City to perform any duty related to their job title.
C. The City reserves the right with regard to all other conditions of employment not reserved to make such changes as it deems desirable and necessary for the efficient and effective operation of departments and divisions of the City.
D. In the exercise of the foregoing powers, rights, authority, duties and responsibilities of the City, the adoption of policies, rules, regulations and practices and the furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this Agreement and then only to the extent such specific and express terms hereof are in conformance with the Constitution and laws of New Jersey and of the United States.
E. Nothing contained herein shall be construed to deny or restrict the City of its rights, responsibilities and authority under N.J.S.A. 40A, or any other national, state, county or local laws or regulations.
ARTICLE 3
GRIEVANCE PROCEDURE A. 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 shall be kept as informal as may be appropriate.
2. Nothing herein contained shall be construed as limiting the right of any employee to discuss a matter informally with an appropriate member of the administration and have the grievance adjusted without the intervention of the Union.
3. This constitutes the sole and exclusive method for resolving grievances between the parties covered by the Agreement.
B. Definitions: The term "grievance" shall mean an allegation that there has been:
1. A misinterpretation 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 Employer, which shall be processed up to and including the City Administrator, with both parties having the option of non-binding arbitration prior to the City Administrator, and shall hereinafter be referred to as a "non-contractual grievance".
3. The term "employee" or "grievant" as used in this Article shall also mean a group of employees with a grievance, or the Union.
4. Nothing in this Agreement shall be construed as permitting negotiation of the standards or criteria for employees' performance.
C. Presentation of a Grievance:
1. The Employer agrees that in the presentation of a grievance, there shall be no loss of pay or the time spent in presenting the grievance by the grievant, a Union representative and a Union recorder, both of whom shall be an employee of the Employer.
D. Grievance Procedure:
The grievant and his/her Union Shop Steward shall present the employee's written grievance within ten (10) working days of its occurrence or within ten (10) working days after he/she would reasonably be expected to know of its occurrence, to the appropriate supervisor. Failure to act within said ten (10) days shall be deemed to constitute an abandonment of the grievance. The Steward shall provide four copies of the written grievance. The copies will be distributed to the employee’s supervisor, department head, and the City Administrator. The Supervisor shall schedule a mutual hearing date within ten (10) working days of receipt of the grievance and shall render a decision in writing, including the reasons for the decision, to the grievant, union, department head, and City Administrator.
Step 1 may be waived by mutual agreement between the parties.
If the grievance is not settled through Step 1, the same shall be presented in writing by the employee and the employee's Union representative who is a shop steward or local Union officer, to the Department Director within ten (10) working days of the written response from Step 1. The Department Director shall hold a mutual hearing date within ten (10) working days of the request for the hearing and render a decision within ten (10) working days of the hearing.
a. Should the grievant disagree with the decision of the Department Director, the grievant may, within ten (10) working days of receipt of the written decision, submit to the Business Administrator, Mayor, or his designee, a statement, in writing, and signed as to the issues in dispute. The grievant may be represented by a local Union officer, the International Union representative, or both. The City Administrator shall schedule a mutual grievance proceeding within twenty (20) calendar days and shall render his/her decision within ten (10) working days after the date at which the matter has been reviewed. If the City Administrator fails to answer or respond to the grievance, it shall be considered a denial of the grievance. The Union may appeal the grievance in accordance with the procedures outlined in Step four (4) of this article. If the City Administrator's decision involves a non-contractual grievance, the decision shall be final. Before a grievance is taken to the City Administrator, either party may request arbitration as outlined in Step 4 of this Agreement, except that the arbitrator's decision shall be non-binding upon either party.
b. Another organization shall not present or process a grievance.
a. If no settlement of the grievance has been reached between the parties, Arbitration may be brought only by the Union or the City. The Union or the City must file the request for arbitration within thirty (30) working days after the receipt of the Step 3 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 New Jersey Department of Personnel. The Union's decision to request a 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. In the spirit of settlement, no arbitration proceeding shall be held for at least thirty (30) days after the City Administrator’s decision. In the event in the interim the matter has been filed for adjudication with the New Jersey Department of Personnel, the matter shall be withdrawn from Arbitration with the party having filed the Arbitration paying any Arbitration Administrative fees.
d. Should the Union wish to move a grievance to arbitration, the parties may have the option of selecting an arbitrator as follows:
(1) By selection from the panel of arbitrators maintained by PERC, in accordance with the selection procedures of PERC;
e. The parties shall meet at least ten (10) working days prior to the date of the arbitration hearing to frame the issue to be submitted to the arbitrator and to stipulate the facts of the matter in an effort to expedite the hearing. The arbitrator shall hear the matter on the evidence and within the meaning of this Agreement and/or such rules and regulations as may be in effect by the New Jersey Department of Personnel.
f. The arbitrator shall have the full power to hear the grievance and make a decision, which decision shall neither modify, add to, nor subtract from the terms of the Agreement and the referenced policies. He/She shall confine himself/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. The decision shall be rendered within thirty (30) days of the hearing. Only one (1) issue may be submitted per Arbitrator unless the parties agree otherwise.
g. The cost of the arbitrator and his/her expenses shall be borne equally by both parties. Any other expenses incurred in connection with the arbitration shall be paid by the party incurring same.
h. The cost of the transcript, if any, shall be borne by the party requesting it. If both parties request a transcript, the cost shall be shared equally.
i. The arbitrator may prescribe an appropriate back-pay remedy when he/she finds a violation of this Agreement, provided such a remedy is permitted by law and is consistent with the terms of this Agreement, except that he/she may not make an award which exceeds the Employer's authority. The arbitrator shall have no authority to prescribe a monetary award as a penalty for a violation of this Agreement.
j. The decision or award of the arbitrator shall be final and binding on the Employer, the Union, and the grievant or grievants to the extent permitted by and in accordance with applicable law and this Agreement.
k. Either party shall have the right to seek judicial review of the matter as prescribed by New Jersey Statutes.
l. There shall be no loss of pay for employees for time spent either as a grievant, witnesses (up to six employees), or Union representative or Union recorder, in any step of the Grievance Procedure.
m. Employee grievances shall be presented on prepared forms. The Grievance Procedure as defined herein, shall be strictly adhered to. Time limits may be waived only by mutual consent of the parties in writing. It is understood that employees must sign their individual grievances.
n. Grievance resolutions of decisions at Steps 1 through 3 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 to the prior conduct of the other party.
ARTICLE 4
DUES AND REPRESENTATION FEE CHECK OFF
A. In accordance with N.J.S.A. 52:14-15.9e, the Employer, upon receipt of a duly executed authorization-assignment form acceptable to the Employer, agrees to deduct from each pay period, the established Union dues. It is further agreed that the Employer shall remit such deductions to the Union prior to the l0th day of the month following the month for which such deduction is made. Dues shall be remitted by the Employer to the Union, c/o Secretary-Treasurer, Communications Workers of America, AFL-CIO, 501 Third Street, N.W., Washington, DC 20001-2797 together with a list of each employee, gross salary and amount of dues deducted using a computerized format and software. A copy of the report listing shall also be sent to the Local President. Dues shall be two (2) hours pay each month based on forty (40) hour workweek or such other amount as may be certified to the Employer by the Union at least thirty (30) days prior to the month in which the deduction of Union dues is to be made.
B. The Employer further agrees to deduct, in accordance with P.L. 1979, c. 477, as it relates to the agency shop provisions, from the pay of each bargaining unit employee covered by this Agreement who does not furnish a written authorization for deduction of Union dues, a representation fee in the amount as certified to the Employer by the Union at least thirty (30) days prior to the month in which the deduction of dues is to be made, commencing as soon as possible after thirty (30) days from the beginning date of employment in a position or from date of rehire.
C. Any public employee who pays a representation fee of eighty five percent (85%) in lieu of dues shall have the right to demand and receive from the majority representative, under proceedings established and maintained in accordance with Section 3 of P. L. 1979, c. 477, a return of any part of that fee paid by him/her which represents the employee's additional pro rata share of expenditures by the majority representative that is either in aid of activities or caused of a partisan political or ideological nature only incidentally related to the terms and conditions of employment or applied toward the cost of any other benefits available only to members of the majority representative. The pro rata share subject to refund shall not reflect, however, the costs of support of lobbying activities designed to foster policy goals in collective negotiations and contract administration or to secure for the employees represented advantages in wages, hours, and other conditions of employment in addition to those secured through collective negotiations with the public Employer. The Union shall indemnify, defend, and save the Employer harmless against any and all claims demands, suits, or other forms of liability that shall arise out of any of the above deductions.
D. The Employer further agrees to deduct, upon receipt of a duly executed authorization, Communications Workers of America Committee on Political Education (COPE) contributions and remit to the Union.
E. The Union shall indemnify, defend and save the Employer harmless against any and all claims, demands, suits or other forms of liability that shall arise out of or by reason of action taken by the Employer in reliance upon the dues or representative fee information and/or other information concerning the names of the employees and the amounts of dues or representation fees to be deducted.
ARTICLE 5
LEAVE FOR UNION ACTIVITIES
A. Union delegates shall be afforded leave without loss of regular straight time pay to attend conferences, meetings, conventions and training not to exceed an aggregate total of five (5) days in a calendar year as the total for all such delegates collectively.
B. Written notice from the Union of the authorization of delegates to utilize such leave time shall be provided to the Employer at least one (1) week in advance of the date(s) of such proposed absences and is subject to approval of the Employer.
C. Leave shall be granted to not more than two (2) delegates at a time who are authorized by the President or the Executive Board of the Union and shall be limited to an aggregate total of five (5) days of paid leave in a calendar year as the total for all Union delegates collectively.
D. Absences due to Union leave approved under this Article shall not adversely affect employment, pay status or evaluations.
E. There shall be no loss of pay for employees for time spent either as a grievant, witness, or Union representative or Union recorder in any of the following proceedings:
- All disciplinary meetings or hearings
- The Grievance Procedure which includes arbitration
- Departmental Hearings
- NJ Office of Administrative Law Proceedings
- Unfair Labor Practice matters
- NJ Public Employment Relations Commission Proceedings
- Agreement Negotiations (to include meetings with the Employer, mediation, and fact-finding)
ARTICLE 6
UNION ACTIVITIES ON THE WORK SITE
A. The Union shall have the right to distribute information dealing with proper legitimate Union business to employee's desks during non-working hours (lunch, break time, and before/after work). In addition, the Union shall be provided with a bulletin board for the purpose of posting materials relating to Union matters which materials shall be signed and dated by an appropriate Union representative. No posting shall be allowed in any other location, and improper postings including those of a defamatory or derogatory nature may be removed by the Employer.
B. The Union shall be allocated a reasonable space for the accumulation and use of literature and resources pertaining to Union business provided such space is available.
C. The local Union will be allowed by the Employer a period not to exceed forty-five (45) minutes to address all new employees and to provide them with membership packets which contain information about the Union.
D. The Union may ‘have use of a meeting room in any of the City’s buildings, after or before normal working hours, when appropriate scheduled through the proper authority.
The Local Union shall have access to the work site to investigate grievances, disciplinary appeals and attend work-site Union meetings. The Local Union will give notice and obtain approval from the Employer prior to his/her arrival. All reasonable requests will be granted approval by the Employer.
The local Stop Steward and/or Branch Officer will be allowed one hour to investigate a grievance and attempt to settle the issue.
ARTICLE 7
JOB CLASSIFICATIONS
A. Salary ranges shall be established and applied to all authorized classified positions, except where positions and salaries are set by New Jersey statute. Salary ranges shall not apply to part-time and temporary employment or professional services engaged on a specialized basis. The parties recognize that the Civil Service Commission is updating job titles, and as such the titles of individual union members may change.
B. Rates of compensation provided for in these regulations are fixed on the basis of full time service in full time positions.
ARTICLE 8
SALARIES Pay Plan
A. The salaries for all employees subject to this Agreement are set forth in the attached “Salary Schedules of Recognized Titles” incorporated as part hereof.
B. Personnel in the City designated to carry a pager and/or cell phone shall receive an allowance of One Hundred Dollars ($100.00) per year, pro rated for the months applicable.
C. For the purpose of payroll calculations, the workweek shall commence at 12:01 a.m. on Monday.
D. The base salary shall be the hiring salary of each title, except where, in. the sole discretion of the City, an individual is given credit for previous work experiences.
E. During the term of this Agreement the salary ranges will not be revised unless by mutual agreement of both parties.
F. Effective January 1, 2012, all bargaining unit members shall receive an annual across-the-board salary increase of one and one half percent (1.5%).
G. Effective January 1, 2013, all bargaining unit members shall receive an annual across-the-board salary increase of one and one half percent (1.5%).
H. Effective January 1, 2014, all bargaining unit members shall receive an annual across-the-board salary increase of one and one quarter percent (1.25%).
I. Effective January 1, 2015, all bargaining unit members shall receive an annual across-the-board salary increase of one and one quarter percent (1.25%).
J. Every employee will receive a yearly minimum merit increment to the next step of his/her range on their anniversary (date of hire) until they obtain the maximum of their salary range. Merit increments are subject to the employee receiving a rating of satisfactory on their annual evaluation. The Supervisor must notify the employee a minimum of thirty (30) days prior to his/her annual evaluation, if the employee is in danger of receiving a poor evaluation. The employee will be given a period of ninety (90) days to correct any deficiencies. If the deficiencies are corrected by the employee, he/she will be approved for his merit increment.
ARTICLE 9
LONGEVITY
Each employee listed in Article I shall be paid in addition to and together with his or her annual base salary additional compensation based upon the length of his or her service with the City of Burlington. Longevity shall begin when an employee attains his or her tenth year of service. The longevity amounts for all covered employees who attain ten years of service, fifteen years of service, twenty years of service and so on would be an additional 1.5% on top of their base pay for that step upon attaining the requisite number of years of service, meaning every five-year increment commencing at the tenth year.
Longevity pay shall be computed from the anniversary date of the employee's hiring by the City as a full-time employee with continuous service.
Nothing herein shall be construed to adversely affect, or cause a reduction in any employee, who previously attained any percentage longevity bonus under prior contracts. For example only, an employee who previously received a longevity increase under the prior contracts after five years of service shall receive an additional 1.5% increase in the event that employee were to attain their tenth year of service in the present contract, for a total longevity increase of 4% for this particular example. This provision shall be effective as of January 1, 2013, and all employees reaching a longevity milestone prior thereto shall receive an increase as set forth in the previous contract.
ARTICLE 10
WORK SCHEDULES
The regular starting time of work shifts will not be changed without reasonable notice to the affected employees and without first having discussed such changes with the department representatives of the Union.
Where the nature of the work involved required continuous operations on a twenty-four (24) hour day, seven (7) days week basis, qualified and able employees subject to this Agreement so assigned will have their schedules arranged in a manner which will assure, on a rotation basis, that said employees subject to this Agreement will have an equal share of Saturdays and Sundays off, distributed evenly as possible throughout the year.
Where more than one (1) work shift per day exists within a given classification qualified, willing and able employees subject to this Agreement will be given preference of shifts in accordance with their seniority whenever practicable after first considering the work needs and requirements of the Employer.
The Union and the Employer will establish a management/labor committee comprised of management personnel and union representatives to explore issues.
Employees subject to this Agreement are required to be prompt for work. Employees subject to this Agreement who exhibit a pattern of being late for work shall be subject to progressive disciplinary action.
ARTICLE 11
HOURS
A. The normal workweek shall consist of thirty-five (35) or forty (40) hours and the normal day shall consist of seven (7) or eight (8) continuous hours for all positions within each division of the City as follows:
Department Division Work Hours
Public Works All Division (Except Clerical) 40
Public Works Clerical Staff 35
Finance All Divisions 35
Administration All Divisions 35
Office of Municipal Court All Divisions 35
Office of Assessor All Divisions 35
Housing/Community
Development All Divisions (Except Inspectors) 35
Development Inspectors 40
Public Safety Police 35
Public Safety Animal Control 40
Public Affairs All Divisions
(Except Recreational Maintenance) 35
Public Affairs Recreational Maintenance) 40
B. The determination for hours to be worked by new employees subject to this Agreement and/or new titles granted or assigned to employees subject to this Agreement shall be fixed by mutual agreement of the parties.
C. Employees working on a continuous operation, after completing ten (10) straight hours, shall be granted a sum of ten dollars ($10.00) for meals every ten (10) hours, provided they continue to work after the ten (10) hours.
D. The City shall post the normal starting and stopping times for each division. The City agrees that it shall not alter the starting and stopping time for any division, except in case of emergency, without prior notification to the Union.
E. Employees shall receive two (2) ten (10) minute breaks, one to be taken during the first half of the shift and the second one to be taken during the second half of the shift. Breaks are not to be taken immediately preceding or after the beginning of workday, lunch, or end of workday. The scheduling of breaks is subject to the approval of the Supervisor.
ARTICLE 12
SHIFT DIFFERENTIAL
A. Each employee subject to this Agreement regularly assigned to work the following shifts shall receive, in addition to the earnings received from existing hourly rates as follows:
1. 4:00P.M. to 12:O0 Midnight - Forty-five cents ($.45) per hour.
12:00 Midnight to 8:00 A.M. - Fifty cents ($.50) per hour.
ARTICLE 13
HOLIDAYS
A. Employees subject to this Agreement shall receive compensation for each of the following holidays:
1. New Year’s Day
2. Martin Luther King’s Birthday
3. Floating Personal Day
4. President’s Day
5. Good Friday
6. Memorial Day
7. Fourth of July
8. Labor Day
9. Columbus Day
10. General Election Day
11. Veteran’s Day
12. Thanksgiving Day
13. Day after Thanksgiving Day
14. Half (1/2) Day before Christmas
15. Christmas Day
16. Half (1/2) Day before New Year’s Day
B. Compensation for the above holidays shall be provided an employee subject to this Agreement, provided that he/she shall have served their ninety (90) day probationary period, and was on the job and available for work his last full scheduled work day before and his first full scheduled work day after the holiday, though in different work weeks, except in case of proven illness or injury and approved by his immediate supervisor.
C. The provisions for a floating personal day shall be subject to the same requirement of Article XIII.
D. If a holiday falls on a Saturday, it shall be celebrated on the preceding Friday. If a holiday falls on a Sunday, it shall be celebrated on the following Monday.
E. If one (1) of the above holidays falls within an employee’s vacation period, said day shall count as a holiday and not as a vacation day.
ARTICLE 14
BEREAVEMENT LEAVE
A. In the event of death in the employee’s immediate family, he/she shall be granted time off, if the employee requests leave, not to exceed four (4) work days, without loss of pay commencing from the date of death up to and including the date of the funeral.
B. Immediate family shall be defined to include mother, father, sister, brother, spouse, child, stepparent, stepchild, and parent of spouse.
C. In the event of the death of a grandmother, grandfather or grandchild, the employee, upon request, shall be entitled to the day of the funeral only without loss of pay.
D. Whenever an employee subject to this Agreement applies for bereavement leave under this Article, reasonable verification of the death may be required by the City.
E. An employee subject to this Agreement shall not be entitled to bereavement leave while on any leave without pay.
ARTICLE 15
LEAVE OF ABSENCE WITHOUT PAY A. Leaves of absence without pay may be granted, at the discretion of the Employer to permanent employees for any reason considered good by the Employer, for a period not to exceed six (6) months at any one (1) time at the discretion of the Employer. Such leaves of absence may be renewed by the Employer for an additional period not to exceed six (6) months. No further renewal may be granted except upon approval by the New Jersey Department of Personnel for reasons as established by New Jersey Department of Personnel regulations.
In all cases, a letter of request from the employee setting forth the reasons the leave is desired and the dates for the commencing and the terminating of the leave shall be submitted to the Employer. No leave of absence without pay shall become effective without prior approval by the Employer, except in cases of emergency. In such case the employee shall be granted up to seventy- two (72) hours following request for leave to provide verification of the emergency.
C. Employees granted leave of absence without pay shall not accumulate seniority while on leave and shall have annual sick leave and vacation leave reduced at the same rate earned for every full month or major fraction thereof that the employee is on such leave without pay for the year in which such leave is taken.
D. Employees shall not accept employment with another employer during an approved leave of absence.
E. The City’s Health Benefits Program coverage of any eligible employee and his/her dependents, if any, during any period of leave of absence without pay shall terminate on the last day of the coverage period for which premiums have been paid. However, the coverage of the employee and the employee's dependents may be continued by such employee, if the employee shall pay to the Employer, in advance, the total premium required for the employee's coverage and the coverage of the employee's dependents during such period of authorized leave of absence without pay.
F. The Employer agrees to prepare and distribute a handout for employees who request a leave of absence. This handout shall provide Employer policy relative to benefits and procedures to be followed when requesting leave and when returning from leave.
G. The Employer agrees to be bound by all provisions of the New Jersey Family Leave Act, N.J.S.A. 34: IIB-l et seq., and the Federal Family and Medical Leave Act of 1993 (Pub. L 103-3, February 5, 1993) so long as both acts shall remain in effect.
ARTICLE 16
PREGNANCY DISABILITY/CHILD CARE AND FAMILY LEAVE
A. Pregnancy disability leave and childcare leave shall be granted in compliance with New Jersey Department of Personnel regulations.
B. Leave without pay for permanent employees for this purpose may be granted for a maximum of one (1) year upon written request in accordance with the provisions of Article eleven (11) of this Agreement. Provisional and temporary employees shall be granted up to sixty (60) days of leave without pay.
C. The appointing authority may grant to permanent employee fathers of newborn children and newly adoptive parents a leave of absence without pay for a period not to exceed six (6) months at anyone (1) time. Such leaves of absence may be renewed for an additional period not to exceed six (6) months. No further renewal may be granted except upon the approval by the New Jersey Department of Personnel for reasons established by New Jersey Department of Personnel regulations.
D. Requests for pregnancy disability leave and/or child care leave shall be made in writing to the City Administrator. Notification of pregnancy shall be given to the Employer not later than the end of the sixth month of pregnancy. Except for reasons of health and safety or inability to perform her job, the pregnant employee shall be permitted to work provided the attending physician approves and so advises in writing.
E. The Employer agrees to be bound by all provisions of the New Jersey Leave Act, N.J.S.A. 34: 11 B-l et seq., and the Federal Family and Medical Leave Act of 1993 (Pub. L. 103-3, February 5, 1993) so long as both acts shall remain in effect.
ARTICLE 17
EDUCATIONAL BENEFITS A. Employees with one (1) year permanency with the Employer shall be entitled to reimbursement with prior approval of the Employer for not more than eighteen (18) credit hours per calendar year to the extent of one hundred percent (100%) of tuition in job related areas.
B. Employees must show proof of enrollment and upon completion of course, must show proof of satisfactory completion of course (grade of "C" or better), to receive reimbursement. Rates shall not to exceed those of Rutgers, The State University of New Jersey.
ARTICLE 18
TRAINING
A. Employees shall be made aware through an orientation that services are available to them for alcohol, drug, gambling, and stress related problems.
B. Ongoing staff development and training activities shall be provided by the Employer as determined by a needs assessment conducted by the Business Administrator.
ARTICLE 19
RECAPITULATION OF LEAVE
A. The Employer shall issue an annual recapitulation of accrued sick, vacation, and personal leave on an individual basis by March 31st of each year. All recapitulations are tentative subject to audit by the State of New Jersey.
Upon agency receipt of notification of audit discrepancy, recapitulation of leave shall be accomplished promptly as a debit or credit in accordance with official audit by the State of New Jersey.
ARTICLE 20
OVERTIME
A. Overtime at the rate of time and one-half (1-1/2) the employee’s regular base rate of pay shall be paid when the employee is required to work in excess of his/her normal workweek. All work performed in excess of seven (7) or eight (8) hours in one (1) day, shall be paid at the rate of one and one-half (1-1/2) times the employee’s regular base rate of pay. All work performed in excess of twelve (12) continuous hours shall be paid at twice the employee’s regular base rate of pay.
B. Authorized overtime is subject to approval of the employee’s immediate supervisor after consultation with the respective Department Director.
C. Time and one-half (1-1/2) shall be paid for the sixth day worked when employees are called in to work on non-scheduled days. Double time shall be paid for the seventh day worked in the employee’s normal workweek. Double time and one-half (2-1/2) shall be paid for holidays worked. Employees who work on a holiday will receive one and one-half (1-1/2) the employee’s regular base rate of pay in addition to the employee’s straight time holiday pay.
D. Overtime shall be distributed equally insofar as practicable, among the employees who are qualified and able to perform the required work, but shall be offered first to available personnel classified to do the particular work. Overtime shall be distributed by the Director in accordance with duties required for the need regarding overtime. This shall be distributed by the Division (Water, Sewer, Buildings and Grounds, Garage/Streets) in which the need for the overtime arises, as well as work title required for the overtime needed. For example, in the event of sewer main break, where the Director determines that a Sewer Division Employee, Operator (Garage Employee) and two Laborers are needed for an 8-hour overtime shift, the overtime shall be distributed from rotating lists from the respective departments and/or duties required--i.e. one Sewer Employee, one Garage Employee and two Laborers.
E. The immediate supervisor will attempt to give employees advance notice on all overtime work.
F. If the situation arises whereby the immediate supervisor cannot fill its active requirement after exhausting all of the procedures as herein agreed to and set forth, then the employees who are qualified and able to do the job with the least amount of logged overtime will be assigned to do the work.
G. Supervisors shall maintain and post the current list of qualified and able employees, in accordance with the duties required, who have logged the lowest amount of overtime and those employees will be given preference for the overtime work. Any employee who refuses overtime assignments will be charged for the amount of hours offered. The Director shall maintain a list of laborers within the Department, from which the Director shall rotate overtime for such overtime required for laborers.
H. If an employee is recalled to duty for unscheduled overtime, either before the beginning or after the completion of his normal work day within any twenty-four (24) hour period, he shall receive a minimum guarantee of four (4) hours compensation at the overtime rate, so long as said recall is not contiguous with the employee’s regularly scheduled work day.
I. Employees called in to work after completing their normal workweek shall be guaranteed a minimum four (4) hours compensation at the overtime rate.
J. The City shall have the right to retain the employees on duty for the minimum time period of 4 hours as required in the preceding paragraphs H & I.
K. The Director or his designee shall maintain and post on a monthly basis an overtime roster indicating the amount of overtime hours worked by each employee in that division.
L. Call-in time for court personnel subject to call-in shall be as follows: Any calls from the close of the employee’s work day to the start of the next work day shall be paid two (2) hours at the overtime rate of time and one and one-half (1 ½). Multiple calls within the same two (2) hour time frame are not subject to additional overtime.
M. An employee may request overtime compensation in the form of compensatory time at the same rate as the rate of pay enumerated in Section A. It shall be in the sole discretion of the Business Administrator whether to grant compensatory time or to require the employee to accept overtime pay.
N. An employee who works overtime in accordance with Article 20, may request compensatory time in lieu of overtime pay under the following conditions.
1. Once overtime hours are worked, the employee must complete a Request for Overtime by Compensatory Time and submit it to their Department Director who will then forward on to the City Administrator for approval.
2. The City Administrator shall approve or deny the request to be compensated by Compensatory Time in Lieu of Overtime Pay.
3. The employee shall schedule with their Supervisor the use of Compensatory Time. Use of the Time shall be indicated on the payroll sheet as CT.
4. Scheduling of Compensatory time shall be subordinate to Vacation, Sick or Personal time. Employees of lessor seniority who schedules vacation shall have priority over scheduling of Comp time.
5. Use of Compensatory Time.
a. Employees are encouraged to use Comp time as soon as possible.
b. All Compensatory time shall be used by June 30th and December 31st of each year during which the hours were earned. Hours accumulated during the month of June and December may be carried over into the next period.
c. Any hours that are not used during each respective period shall be returned to payroll for payment as normal overtime hours.
d. If an employee is not called in for overtime within the prescribed rotation, he or she shall be compensated for the hours of over time deprived at the appropriate overtime rate.
O. If an employee is not called in for overtime within Paragraphs D or G as indicated above, he or she shall be compensated for the hours of over time deprived at the appropriate overtime rate.
ARTICLE 20A
EMERGENCY DECLARATIONS
The Mayor or his designee shall have the right to declare emergencies, including but not limited to snow or other related emergencies.
When such an emergency is declared, all employees of the Public Works Department (including all Divisions) shall be required to report at a designated time and place as set forth by the Mayor, Director or their designee.
The Director or designee, in conjuncture with the Office of Emergency Management, shall take all steps necessary and required to formulate an emergency management plan for the emergency, including setting forth general duties, schedules, orders and such.
All employees within the Public Works Department shall be considered on mandatory call during the duration of the emergency.
Each member of the Public Works Department shall be entitled to a minimum 2 hours overtime for the meeting as set forth in Paragraph B at the applicable overtime rate. This provision shall not be construed so as to permit any member of the Public Works Department who immediately continues working overtime after the meeting to receive overtime plus the meeting time for the same time period worked.
Any Public Works Employee who works overtime outside their schedule during the emergency shall be entitled to overtime pay at the applicable overtime rate.
All employees who are "on call" pursuant to Paragraphs B & D as set forth above, but are not actually performing overtime during the duration of the emergency shall receive $1.00 per hour during the duration of the emergency. This provision applies to any employee who is on call but not actively working the overtime.
The Mayor or his designee shall give a minimum one hour notice prior to the end of the Declaration of Emergency. The end of the Declaration of Emergency shall be the sole right of the Mayor or his designee.
Any employee who does not report as required pursuant to Paragraph B as set forth above shall be subject to discipline if they do not report without just cause.
ARTICLE 21
INJURY LEAVE
A. In the event an employee becomes disabled by reason of service-connected injury or illness and is unable to perform their duties, then, in addition to any sick leave benefits otherwise provided for herein, they may be entitled to full pay for a period of up to one (1) year.
B. If an employee returns to work from injury leave for less than one (1) year, they may return to injury leave for the same injury for an additional period of time which, when added to the initial period of injury leave, totals no more than one (1) year.
C. When an employee returns from injury leave, they shall be entitled to a new period of injury leave for a period of up to one (1) year if the employee submits a new injury claim due to an independent event causing re-injury or new injury.
D. When an employee requests injury leave, they shall be placed on “conditional injury leave” until a determination of whether or not an injury or illness is work related and the employee is entitled to injury leave is initially made by the City’s Workmen’s Compensation carrier, with the final determination, if necessary, to be made by the Workmen’s Compensation Bureau or Court. When and if it is finally determined that the injury or illness is not work related and that the employee is not entitled to job injury compensation, the employee shall be denied injury leave and shall have all time off charged against their accumulated sick time and, if necessary, against any other accumulated leave time. If the employee does not have enough accumulated time off, they shall be advanced sick time to cover the absence. If the employee leaves the employ of the City prior to reimbursing the City for such advanced time, the employee shall be required to reimburse the City for such advanced time.
E. Any employee who is injured, whether slight or severe, while working, must make an immediate report within two (2) hours thereof to the immediate supervisor.
F. It is understood that the employee must file an injury report with the immediate supervisor so that the City may file the appropriate Worker’s Compensation Claim. Failure to so report said injury may result in the failure of the employee to receive compensation under this Article.
G. The employee shall be required to present evidence by a certificate of a physician designated by the City that they are unable to work, and the City may reasonably require the employee to present such certification from time to time.
H. If the City does not accept the certificate of the Physician designated by the insurance carrier, the City shall have the right, at its own cost, to require the employee to obtain a physical examination and certification of fitness by a physician appointed by the City.
I. In the event the City appointed physician certifies that the employee fit to return to duty, injury leave benefits granted under this Article shall be terminated.
J. If the City can prove that an employee has abused their privileges under this Article, the employee may be subject to disciplinary action by the City.
ARTICLE 22
NON-DISCRIMINATION
The Employer and the Union agree there shall be no discrimination against any employee because of age, sex, marital status, race, color, creed, religion, national origin, physical handicap, political affiliation, armed forces obligation, Union membership, or participation in Union activities.
ARTICLE 23
SAFETY AND HEALTH
A. As practicable, the City shall attempt at all times to maintain safe and health working conditions.
B. The City will provide employees with wearing apparel, tools or devices reasonably necessary in order to insure their safety and health.
C. All employees shall abide all safety and health rules. Failure to abide by said rules shall be deemed just cause for disciplinary action up to and including termination.
D. The City and the Union shall form a Safety Committee consisting of representatives of the City and the Union. It shall be their joint responsibility to investigate and correct the working conditions and to recommend corrective action concerning unsafe and unhealthy conditions. The Safety Committee shall meet, as necessary, to review conditions in general and make recommendations when appropriate. Representatives of the Safety Committee shall be permitted, upon prior authorization of their immediate supervisor, a reasonable opportunity to visit work locations throughout the City’s facilities where employees subject to this Agreement perform their duties in order to investigate working conditions. These investigations shall take place during working hours with no loss of pay for periods not to exceed one (1) hour per month, unless additional time is authorized by the Business Administrator. The Union representatives on the Safety Committee shall include one (1) person from each of the following divisions or employment classifications:
1. Divisions of Administration and Maintenance, Streets and Roads, Public Buildings and Parks and Playgrounds (combined);
2. Division of Water Utility;
3. Division of Sewer and Drainage Utility; and
4. Administrative Support Staff.
E. Reports from employees regarding unsafe or health working conditions shall be made to their immediate supervisor and shall be promptly investigated. Any necessary corrective action shall be made as soon as practicable.
F. Employees shall not be required to work under unsafe or unhealthy working conditions. Under emergency circumstances, if the immediate supervisor, after consultation with the Safety Coordinator and/or the Business Administrator, determines that an unsafe or unhealthy working condition exists; employees shall not be required to work under those circumstances.
G. Any employee whose work is temporarily eliminated due to the foregoing may be assigned to other work within his Department and to any title provided that his pay rate is not reduced.
ARTICLE 24
RULES AND REGULATIONS
The City agrees that it will not establish new work rules or regulations, or amend or modify existing work rules or regulations governing wages, hours, or working conditions without notification to the Union. The City of Burlington will develop, maintain and distribute a Personnel Policy Manual concerning all employees of the City. The Personnel Policy Manual will have precedent on all issues, unless modified by this Agreement.
ARTICLE 25
QUALIFICATIONS OF EMPLOYMENT
A. No individual shall be hired by the city on a permanent basis in a recognized title until such individual has been certified by a physician and approved by the City as fully capable of performing all the duties required in the position for which he is hired. In the event work is begun before a physical can be obtained, continued employment is contingent upon the certification.
B. All employees subject to this Agreement must recognize that a condition and qualification of employment is the availability of all personnel in case of emergency such as snow removal or salting of City streets or other emergencies.
ARTICLE 26
DISCIPLINE FOR CAUSE
A. No employee shall be disciplined by discharge, reprimand, reduction in rank or compensation, deprivation or any professional advantage, or any adverse evaluation of his/her professional services without just cause. Discipline shall be progressive in nature, consistent, and corrective in intent. Any disciplinary action asserted against the employee, or any agent or representative thereof, shall be subject to the Grievance Procedure set forth in this Agreement. Time frames for the submittal of grievances, major and minor discipline are set forth in the chart appended hereto as Appendix B.
B. The Employer under the direction of the City Administrator employs a system of service to help employees return to expected standards of performance at work. The purpose is to identify problem areas, offer assistance and, if necessary, make referrals to appropriate treatment resources. All contracts under the Employee Assistance Program, whether initiated by the City through referrals or by the employee through direct contact, will be handled with the strictest confidentiality. The program includes, but is not limited to:
Emotional difficulties
Drug and alcohol abuse
Compulsive gambling
Financial concerns
Legal concerns
Family issues
ARTICLE 27
HOSPITALIZATION AND INSURANCE
A. The City of Burlington currently provides health and prescription insurance coverage from the State Health Benefits Plan. Enrollment in the Plan shall be in accordance with Plan guidelines, which provide that coverage begins after sixty (60) days. The parties recognize that the City and active employees are bound by changes made by the Plan, including increases and decreases in co-pays.
B. If an employee dies while employed by the City, his or her spouse and eligible dependents shall receive insurance coverage for thirty-six (36) months at the City’s expense if the Employee is enrolled in the State Health Benefit Plan with the City.
C. The City will make application for enrollment of the employees subject to this Agreement in the New Jersey State Disability Plan.
D. The City reserves the right to change insurance carriers or institute a self-insurance plan so long as the benefits provided are substantially similar.
E. The Employer agrees to pay the designated costs for eligible employees, their spouse and dependents as follows:
1. Enrollment in the Plan shall be in accordance with Plan guidelines which coverage begins after sixty (60) days. The parties recognize that the City and active employees are bound by changes made by the Plan, including increases and decreases in co-pays.
2. Dental plan coverage for full family to include orthodontist benefits as defined by the insurance carrier. Coverage shall be provided from the first day of the month following the completion of three (3) full months of continuous service to the Employer.
3. Prescription Drug Benefit program for full-time eligible employees and dependents is currently provided through the State Health Benefits Program. Payroll deduction shall be in accordance with State Law.
4. The Union and the Employer will establish a management/labor committee comprised of management and union representatives to explore, develop, and recommend cost saving proposals or other changes that will aid in reducing the City’s health care premium costs.
Any employee hired prior to January 1, 2002 who retires from the Employer on a permanent disability pension; or retires from the City with twenty (20) years of service with the City and 25 years in the Pension or with at least fifteen (15) years of service with the City and at a minimum age of sixty-two (62) years shall continue to receive medical benefits for retiree, spouse and eligible dependents until death of the retiree. Spouse and dependent coverage upon death of the retired employee will be determined by the rules of the medical provider at the sole cost of the spouse and eligible dependents.
For any employee hired on or after January 1, 2002, who retires from the Employer on a permanent disability pension; or retires from the City with twenty (20) years of service with the City and 25 years in the Pension, the City shall pay upon retirement only the eligible retiree’s medical, prescription and dental care benefits until death of the retiree. From retirement of the employee forward, the spouse and eligible dependent coverage is optional and at the sole cost of the retiree.
H. If the City changes insurance carriers, the benefits provided must be substantially similar to the existing plan. The Union must be notified of the change prior to implementation to demonstrate equal coverage and company reliability.
I. The Employer agrees to provide each employee with information describing the details of all benefits programs, enrollment information and the required forms.
J. If the employee is eligible for medical health insurance coverage and elects in writing not to take coverage by December 1st for the upcoming year because the employee is covered under another insurance plan, then the eligible employee shall receive a payment in accordance with Council Resolution #01-324-R-256 which will pay an employee $2,300.00 per year for opting out of coverage under the medical-prescription plan and $200.00 per year for opting out of coverage in the dental plan.
K. The City will constitute a Section 125 Plan.
ARTICLE 28
PROTECTIVE EYE COVER
A. The City shall supply industrial type standard safety glasses and protective goggles, the cost of which will be borne by the City. Eligible for this service are those employees in all divisions of the Department of Public Works and/or any other employees who are exposed to hazardous working conditions. The City will replace an employee’s glasses if the prescription changes, as mutually agreed to by the City and the Association, is great enough to warrant such change. The City will not replace an employee’s glasses more than once every two (2) years.
B. Employees may obtain such safety glasses as are provided for the above employees at any optical shop, which the City approves in advance. The City will replace all safety glasses damaged in the performance of an employee’s work assignments.
ARTICLE 29
VACATION LEAVE WITH PAY
A. Full-time employees shall be granted vacation leave as follows:
1. One (1) working day for each month of service or major fraction thereof during the first year;
2. After one (1) year of service through five (5) years of service, twelve (12) working days per year;
3. After five (5) years of service through ten (10) years of service, fifteen (15) working days per year;
4. After ten (10) years of service through seventeen (17) years of service, twenty (20) working days per year;
5. After seventeen (17) years of service through twenty-one (21) years of service, twenty-five 25) working days per year. Employees currently receiving twenty-six (26) will continue to receive twenty-six (26) working days until they become eligible for thirty working days.
6. After twenty-one (21) years of service, thirty (30) working days per year.
B. Service includes all temporary and/or provisional continuous service immediately prior to permanent appointment with the Employer provided there is no break in service of more than one (1) week.
C. Vacation leave shall be credited at the beginning of the year in anticipation of continued employment for the full year.
D. A maximum of one year’s leave time may be carried over to the next year.
E. When vacation requests conflict, the employee with the most seniority shall be given preference of vacation time.
F. Employees may take vacation leave in units of 1/2 days.
G. If an employee dies having vacation credits, a sum of money equal to the compensation figured on his/her salary at the time of death shall be calculated and paid to his/her estate.
H. Provisional employees shall be entitled to one (1) working day’s vacation for each month of service during such provisional full time employment.
I. Any employee who retires in the Public Employees’ Retirement System, who is laid off or who is separated from the service of the City, prior to taking his vacation, shall be compensated in cash for the unused vacation he has accumulated at the time of separation.
J. Each employee and his immediate supervisor shall be notified in writing on or before March 31st of each year of his sick and vacation entitlement.
ARTICLE 30
SICK LEAVE
A. All employees shall be granted sick leave with pay of one (1) working day for every month of service during the remainder of the first calendar year of service and fifteen (15) working days in every calendar year thereafter.
B. Any amount of sick’ leave not used in any calendar year shall accumulate to the employee’s credit from year to year to be used if and when needed for such purpose.
C. Sick leave is hereby defined to mean absence from post or duty of an employee. Sick leave may be utilized by employees when they are unable to perform their work by reason of personal illness, accident, exposure to contagious disease, or attendance upon a member of the employee’s immediate family and seriously ill requiring the care of attendance of such employee.
D. Immediate family, for the purposes of the use of sick leave, shall mean mother, father, sister, brother, spouse, child, step parent, stepchild, and parent of spouse.
E. If an employee is absent for five (5) consecutive working days for any of the reasons set forth in Section C of this Article, the appointing authority shall require acceptable medical evidence in the form prescribed. The nature of the illness shall be stated on the treating physician’s certificate unless it is confidential between the treating physician and employee. In this event, the treating physician must give a certificate to return to work.
F. Abuse of sick leave shall be cause for disciplinary action and may constitute justifiable cause for dismissal.
G. The City shall have the right to at any time require the employee seeking sick leave to submit acceptable evidence, whenever such requirement appears reasonable in accordance with relevant New Jersey statutes. If the sick leave is not approved, the time involved during which the employee was absent shall be charged to his vacation credit, if and otherwise, he will suffer loss of pay for such time.
H. In order to receive compensation while absent on sick leave, an employee shall report his absence prior to the start of his shift, except where emergent circumstances prevent the employee from doing so. In those instances, the employee shall report his absence to his immediate superior by telephone or personal message. Failure to so notify his immediate superior may be cause of denial of the use of sick leave for that absence and constitute cause for disciplinary action.
I. Sick leave claimed ‘by reason of quarantine or exposure to contagious disease must be approved on the certificate of the local Department of Health.
J. The total years of service after permanent appointment of each such employee shall be considered in computing accumulated sick leave due and available.
K. Absence without notification for five (5) consecutive days shall constitute a resignation from the employee.
L. An employee who retires from the New Jersey Public Employees Retirement System, who has accumulated sick leave will be entitled to one-half (1/2) day for each full day of accumulated sick leave. The total compensation for each employee subject to this Agreement shall not exceed six thousand dollars ($6,000.00). The rate of pay received by the employee at the time or time will be used for his/her compensation. Retirees may change the amount of taxes withheld from the supplemental check if permitted by law. If this is done, the Employer shall be held harmless for any problems encountered by the employee.
M. For illness of employees, except in the case of a bona fide emergency or for attendance at a medical appointment that could not be scheduled otherwise, sick leave will be charged on a minimum of one-half (1/2) day per occurrence basis.
N. Any employee who reports for work and then leaves claiming to be ill sometime during the date must notify his supervisor, acting supervisor or Department Director before leaving work.
ARTICLE 31
PERSONAL DAYS
A. Two days a year of leave may be used for personal, business, household or family matters described in this Section and shall be non-accumulative.
B. Business means an activity that requires the employee subject to this Agreement’s presence during the work day and is of such a nature that it cannot be attended to at a time outside the work day.
C. Personal, household or family refers to matters when the employee subject to this Agreement’s absence from duty is necessary for the welfare of the employee subject to this Agreement or employee’s family.
D. Application in duplicate for a personal day containing the reasons for the leave must be submitted at least twenty-four (24) hours in advance. Emergency days may be granted at the sole discretion of the immediate supervisor for an unforeseen occurrence which necessitates the presence of the employee subject to this Agreement and for which the employee subject to this Agreement has no prior knowledge and is unable to resolve the situation outside the work day.
ARTICLE 32
SENIORITY
A. Seniority is defined to mean the accumulated length of continuous service with a Department and shall be computed from the last date of an employee subject to this Agreement’s length of service and shall not be reduced by the time lost to authorized leave of absence or absence for bona fide illness or injury certified by a treating physician not in excess of six (6) months.
Seniority shall be lost and employment terminated if any of the following occur:
1. Discharge;
2. Resignation;
3. Failure to return promptly one day after expiration of authorized leave;
4. Absence of five (5) consecutive working days without leave or notice;
5. Engaging in any other employment during a period of leave unless approved in advance by the City, in writing.
6. Absence for illness or injury for more than one (1) continuous year; and
7. Layoff for longer than six (6) consecutive months.
B. The list shall be initialed by the Union and the City after it is posted. Said list shall be final and binding for a period of one (1) year.
C. If a question arises concerning two or more employees subject to this Agreement who are hired on the same date, preference shall be given in alphabetical order, etc.
D. The City shall maintain an accurate, up-to-date seniority roster showing each employee’s date of permanent or provisional classification and pay rate, and shall furnish copies of same to the Union upon request.
E. Except where New Jersey statutes require otherwise, in all cases of demotion (non-disciplinary), layoff, recall or promotion, length of continuous service with the City shall be a factor to be considered. In each instance, a determining factor shall be prior job performance, ability and necessary qualifications to perform the particular job.
F. In preparing the final vacation schedules, the City shall endeavor to assign vacations on the basis of department seniority.
G. Except where New Jersey statutes require otherwise, in all cases of promotions, seniority shall be one (1) factor considered by the City in determining promotions.
ARTICLE 33CLOTHING ALLOWANCE
The City will provide an annual clothing expenditure for approved uniforms to eligible personnel as follows:
Public Works, Building Maintenance, & Water Department
Large, Extra Large $200.00
Mixed XLG, XXLG $200.00
XXXLG plus $215.00
Mechanics & Sewer Department
Large, Extra Large $80.00
Mixed XLG, XXLG $85.00
XXXLG plus $95.00
B. The City may, at its sole discretion, supply certain items indicated by purchase or through rental.
C. Fluorescent overlays will be made available for high duty in traffic areas. The City will also provide high visibility lifting belts and safety vests, which will be worn as required by the City.
D. The City will select the type of winter parka outerwear jackets.
E. The City will pay an allowance of eighty-five dollars ($85.00) for boot or safety shoes. The City shall provide a listing of the make and model shoes that qualify as approved safety shoes.
F. Compensation under this allowance shall be made upon the employee subject to this Agreement’s submission to their immediate supervisor a dated, proof-of-purchase receipt. Employees subject to this Agreement shall purchase the safety shoes during non-working hours.
G. The City reserves the right, if it maintains the purchase option, to require each employee subject to this Agreement to produce the most previous issued clothing items for the purpose of determining conditions and replacement necessity. The City may at its discretion require the employees subject to this Agreement to relinquish previously issued items when replacement is made.
H. The Union and the Employer will establish a management/labor committee comprised of management personnel and union representatives to explore changing the provisions of this Article.
ARTICLE 34
RETIREMENT
A. Employees retiring from the Employer shall be entitled to receive a lump sum payment for accumulated unused vacation leave. Employees retiring from the Employer shall be entitled up to one-half of accumulated unused sick leave up to a maximum of six-thousand ($6,000.00) dollars. The sick leave benefit will not be paid if the employee is terminated for just cause.
B. Any employee hired prior to January 1, 2002 who retires from the Employer on a permanent disability pension; or retires from the City with twenty (20) years of service with the City and 25 years in the Pension or with at least fifteen (15) years of service with the City and at a minimum age of sixty-two (62) years shall continue to receive medical benefits for retiree, spouse and eligible dependents until death of the retiree. Spouse and dependent coverage upon death of the retired employee will be determined by the rules of the medical provider at the sole cost of the spouse and eligible dependents.
C. For any employee hired on or after January 1, 2002, who retires from the Employer on a permanent disability pension; or retires from the City with twenty (20) years of service with the City and 25 years in the Pension, the City shall pay upon retirement only the eligible retiree’s medical, prescription and dental care benefits until death of the retiree. From retirement of the employee forward, the spouse and eligible dependent coverage is optional and at the sole cost of the retiree.
D. If the City changes insurance carriers, the benefits provided must be substantially similar than the existing plan. The Union must be notified of the change prior to implementation to demonstrate equal coverage and company reliability.
E. An employee who retires from the New Jersey Public Employees Retirement System, who has accumulated sick leave will be entitled to one-half (1/2) day for each full day of accumulated sick leave. The total compensation for each employee subject to this Agreement shall not exceed six thousand dollars ($6,000.00). The rate of pay received by the employee at the time or time will be used for his/her compensation. Retirees may change the amount of taxes withheld from the supplemental check if permitted by law. If this is done, the Employer shall be held harmless for any problems encountered by the employee.
F. Consistent with law, medical benefits provided herein shall be in accordance with the same terms and conditions as provided to active employees.
ARTICLE 35
OUT OF TITLE PAY
An employee subject to this Agreement who performs work in a higher paid classification governed by this Agreement than their own for four (4) hours or more per day shall be paid the rate of the classification to which they have been temporarily assigned unless separate provisions have been made under the terms of this Agreement.
ARTICLE 36
MUTUAL COOPERATION PLEDGE
A. The Union hereby covenants and agrees that during the term of this Agreement, neither the Union nor any person acting in its behalf will cause, authorize or support nor will any employees take part in any strike (i.e., the concerted failure to report for duty or willful absence of any employees from his position, or stoppage of work, or absence in whole or in part, from the full, faithful and proper performance of the employee’s duties Of employment), work stoppage, slowdown, walkout or other illegal job action against the City. The Union agrees that such action would constitute a material breach of this Agreement.
B. The City agrees that it shall not lock out employees.
ARTICLE 37
JOB POSTINGS AND PROMOTIONS
A. All new positions or job vacancies subject to this Agreement shall be posted in all departments of the City for at least ten (10) days prior to the filling of said positions by the City.
B. The Employer recognizes the extent to which operational efficiency is generally enhanced by promotions from within and therefore shall endeavor to continue promoting from within. Nothing stated above shall be deemed to alter the Employer's alternatives under New Jersey Department of Personnel law and regulations, nor shall it be deemed to alter the fact that this subject matter is a non-negotiable, non-grievable, and non-arbitrable discretionary management prerogative.
C. Individual notices of promotional examination and application form shall be distributed to eligibles when so provided by the New Jersey Department of Personnel. In all other cases, announcements of promotional examination shall be posted on a separate bulletin board and published in employee bulletin form. In all cases, announcements shall be furnished those employees on leave of absence and/or those employees visually impaired.
D. Notices of promotional examination shall comply with applicable New Jersey Department of Personnel regulations. Currently, N.J.A.C. 4A:4-2.l requires that promotional examination announcements include at least the following:
1. Title of examination;
2. Salary information;
3. Minimum qualification for admission to the exam;
4. Filing information; and
5. In open competitive examination, a reference to duties and responsibilities.
E. The parties agree that if, during the term of this Agreement, the foregoing regulation is amended, the Employer shall contact the Union and arrange a meeting to review the amendment and attempt to agree upon any contractual changes that may be required to come into conformity with the amendment. In addition to the requirements of the regulation cited above, the Employer agrees to continue its historical practice of placing a notice on promotional bulletin boards advising employees that duties and responsibilities as indicated in job description are available for review in the Employer's personnel department.
F. Promotional vacancies to be filled on a provisional basis pending examination or new permanent job openings shall be posted on a separate bulletin board for a period of five (5) working days before the position is filled. The Union shall be notified of the appointment. In emergency situations, the postings shall not be less than three (3) working days.
G. Provisional promotional appointments shall be made only in cases of emergency or when no complete employment list exists. Where such appointments are made, and there is no complete employment list, the Department of Personnel will take the necessary steps to promulgate a list appropriate to the position in keeping with its rules and regulations as soon as possible. If there isn’t a complete employment list, the Employer will within thirty (30) days request that a promotional exam be administered as soon as possible by the Department of Personnel and upon completion of the test, the Department of Personnel take the necessary steps to promulgate a list appropriate to the position in keeping with it’s rules and regulations as soon as possible. If requested by the Union, the Employer agrees to provide a list of then current provisional appointments.
H. When an employee is given an opportunity on a trial or provisional basis to qualify for promotion by serving in a new classification, his or her permanency in his or her regular permanent job classification shall be continued during such trial or provisional period and he shall have the opportunity to return to such permanent classification in the event the promotional opportunity shall not become permanent provided there is no discharge action for cause.
I. Employees who are scheduled to take open competitive examinations for the position in which the employee is provisional or promotional examinations administered by the Department of Personnel of the State of New Jersey for positions of the Employer shall be granted time off with pay including necessary travel time to take such examinations if they are scheduled during the work shift of the employee.
ARTICLE 38
VOLUNTARY SAVINGS PLANS AND CREDIT UNION FUNDS A. Employees may enroll in a voluntary payroll deduction Federal Savings Bond Plan.
B. Employees may enroll in a voluntary credit union fund.
C. Applications for enrollment in voluntary savings plans shall be made available through the payroll department.
ARTICLE 39
DEFERRED COMPENSATION PLAN
A. It is understood that the Employer shall implement (or continue) a Deferred Compensation Plan which will permit eligible employees in this negotiating unit to voluntarily authorize deferment of a portion of their earned base salary so that the funds deferred can be placed in an Internal Revenue Service approved Federal Income Tax exempt investment plan. The deferred income so invested and the interest or other income return on the investment are intended to be exempt from current Federal Income Taxation until the individual employee withdraws or otherwise receives such funds as provided in the plan.
B. It is understood that the Employer shall be solely responsible for the administration of the plan and the determination of policies, conditions and regulations governing its implementation and use.
C. The Employer shall provide literature describing the plan as well as a required enrollment or other forms to all employees when the plan has been established.
ARTICLE 40
LABOR-MANAGEMENT LIAISON COMMITTEE
A. The City and the Union agree to establish a “Labor-Management Liaison Committee”.
B. The Union shall be entitled to assign no more than two (2) employees subject to this Agreement to the Committee.
C. The Committee will meet at mutually agreed upon times to discuss work related problems.
D. At least three (3) working days prior to the scheduled meeting, the Union members of the Committee shall submit an agenda to the Business Administrator outlining the issues to be discussed.
E. It is understood that any discussion and/or recommendation of the Committee is non-binding on any party or individual and is solely advisory.
ARTICLE 41
SEPARABILITY AND SAVINGS
Each and every clause of this Agreement shall be deemed separable from each and every other clause of this Agreement to the extent that in the event of any clause or clauses shall be finally determined to be in violation of any law, then such event, such clause or clauses, only to the extent that any may be so in violation shall be deemed of no force and effect and unenforceable without impairing the validity and enforceability of the rest of the Agreement, including any and all provisions on the remainder of any clause, sentence or paragraph in which offending language may appear.
ARTICLE 42
FULLY BARGAINED CLAUSE
A. This Agreement represents and incorporates the complete and final understanding and settlement by the parties of all negotiable issues which were or could have been the subject of collective negotiations. The parties acknowledge that during the negotiations that resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law in the area of collective negotiations, and that the understanding and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Employer and the Union, for the life of this Agreement, each voluntarily and unqualifiedly waives the right and each agrees that the other shall not be obligated to, bargain or negotiate with respect to any subject or matter referred to or covered in this Agreement, or with respect to any subject matter not specifically referred to or covered in this Agreement, even though such subjects or matters may not have been within the knowledge or contemplation of either or both parties at the time they negotiated or signed this Agreement.
B. The parties agree that they have fully bargained and agree upon all terms and conditions of employment set forth in this Agreement. This Agreement represents and incorporates the complete and final understanding and settlement by the parties of all bargained issues, which were or could have been subject to negotiations.
ARTICLE 43
TERM OF AGREEMENT
This Agreement shall be effective on January 1, 2008 through December 31, 2011 and from year to year. Negotiations for a successor Agreement shall begin not later than one hundred-twenty (120) days prior to the expiration date of this Agreement. This Agreement shall remain in full force and effect during the period of negotiations and until this Agreement is replaced by a new Agreement.
IN WITNESS WHEREOF, THE PARTIES HAVE ENTERED INTO THIS AGREEMENT AND CAUSED SAME TO BE EXECUTED BY ITS RESPECTIVE OFFICERS OR AGENTS ON THIS ________ DAY OF , 2012
For the City: For the Union:
______________________________ ________________________________
Dr. James A. Fazzone, Mayor
______________________________ ________________________________
Cindy A. Crivaro, Municipal Clerk
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