A G R E E M E N T
Between
TOWNSHIP OF CRANFORD UNION COUNTY, NEW JERSEY
and
FIREMEN'S MUTUAL BENEVOLENT ASSOCIATION - LOCAL NO. 37
January 1, 2002 through December 31, 2005INDEX
Title Article Page
Designation of Parties 1
Preamble 1 2
Recognition 2 3
Areas of Negotiation 3 3
Management Rights 4 4
Non-Discrimination 5 6
No-Strike Pledge 6 7
Manpower 7 9
Fire Safety Patrol 8 9
Training 9 10
Dues Check-Off 10 10
F.M.B.A. Activity Protected 11 13
Majority Bargaining Agent 12 14
Rights and Duties
Notification 13 16
Grievance Procedure 14 17
Grievance Arbitration 15 20
Discipline 16 23
Seniority 17 23
Transfers 18 30
Hours of Employment 19 31
Salary 20 31
Merit Incentive Program 21 32
Overtime 22 36
Compensatory Time 22-A 39
Acting Lieutenants 23 40
i INDEX
Title Article Page
Clothing and Uniform Allowance 24 41
Fire Inspector 25 44
Emergency Medical Technician (EMT) 25-A 48
Fire Mechanic 26 51
Leave of Absence 27 56
Administrative Leave 28 58
Bereavement Leave 29 60
Disability Leave 30 61
Holiday Leave 31 63
Military Leave 32 64
Personal Leave - replaced by Article 22A 33 68
Sick Leave 34 68
Special Leave 35 72
Terminal Leave Pay 36 72
Vacation Leave 37 75
Accidental Death & Dismemberment Insurance 38 78
Dental Insurance 39 79
Health Insurance 40 80
Prescription Insurance 41 80
Retiree Medical Benefits 42 81
Death Benefits 43 83
Disability Medical Benefits 44 84
Legal Aid 45 88
Mutual Aid Disability Benefits 46 88
Prior Practices 47 88ii
INDEX
Title Article Page
Severability 48 89
Fully Bargained Provisions 49 89
Duration 50 91
Fire Safety Patrol Duties Schedule A 92
Forty-two (42) Hour Work Week (8 week cycle) Schedule B 96
Salaries Schedule C 98
Hours of Employment Schedule D 105
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iii
DESIGNATION OF PARTIES
THIS AGREEMENT, made and entered into this day of August, 2002 effective as of the 1st day of January 2002 between the Township of Cranford, County of Union, a municipal corporation of the State of New Jersey, hereinafter called "Township"
and
Local Union No. 37, Firemen's Mutual Benevolent Association, Cranford, New Jersey, hereinafter called "F.M.B.A." or "Union".
ARTICLE I
PREAMBLE SECTION 1. PURPOSE OF AGREEMENT
The Township and Union agree that the general purpose of this Agreement is to promote the mutual interests of the Township and its Employees, to maintain the existing harmonious relationship between Township and its Employees in the Department of Fire, to provide for the operation of the services provided by the Township under methods which will further, to the fullest extent possible, the safety of the Employees, economy and efficiency of operation, elimination of waste, realization of maximum quantity and quality of output, cleanliness, protection of property, avoidance of interruptions to services, establish an equitable and peaceful procedure for resolution of differences, and establish rates of pay, hours of work, and other terms and conditions of employment. The parties to this Agreement agree to cooperate fully to secure the advancement and achievement of these purposes.
SECTION 2. PUBLIC EMPLOYEES
The Department of Fire and the individual members of the F.M.B.A. Bargaining Unit agree to regard themselves as Public Employees and are to be governed by the highest ideals of honor and integrity in all their public and personal conduct so that they merit the respect and confidence of the general public.
ARTICLE 2
RECOGNITION SECTION 1.
The Township of Cranford hereby recognizes the Firemen's Mutual Benevolent Association, Local No. 37 as the sole and exclusive representative for the collective Bargaining Unit of all regular, full-time, permanent "duly sworn firemen" of the non-commissioned rank of Firefighter within the Township of Cranford Department of Fire for purposes of collective bargaining with respect to rates of pay, hours of work, and other terms and conditions of employment, but excluding the Chief of Fire, Deputy Chief(s) of Fire, Assistant Chief(s) of Fire, Fire Captain(s), Fire Lieutenant(s), clerical Employee(s), and all other Employees of the Township.
SECTION 2.
The term "Bargaining Unit" as used herein shall include "all duly sworn Fireman" set forth hereinabove regardless of whether Employee(s) are members or non-members of the Firemen's Mutual Benevolent Association, Local No. 37.
SECTION 3.
The term "Employee" as used herein shall mean Employee(s) represented by the Bargaining Unit.
ARTICLE 3
AREAS OF NEGOTIATION The Township and the F.M.B.A. hereby agree that the F.M.B.A. has the right to collectively negotiate as to rates of pay, hours of
work, fringe benefits, working conditions, procedures for adjustment of disputes and grievances, and all other related terms and conditions of employment.
ARTICLE 4
MANAGEMENT RIGHTS SECTION 1.
The Township hereby retains and reserves unto itself, without limitation, all powers, rights, authority, duties and responsibilities conferred upon and vested in it by the laws and Constitution of the State of New Jersey and the United States and any modifications made thereto, and any ordinances and resolutions passed by the Township governing body.
SECTION 2.
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A. The Union recognizes that the Township’s rights to manage its affairs and direct its workforce and, within the existing framework of the Statutes of the State of New Jersey, to maintain the Township of Cranford in the County of Union as efficiently and at the lowest possible cost consistent with good management practices and fair labor standards.
B. The Township has and is vested with all the customary and usual rights, powers, functions and authority of management.
C. The Union further recognizes that the management of the Township, the control of its properties and the maintenance of order and efficiency is solely a responsibility of the Township.
SECTION 3.
All rights which ordinarily vest in and are exercised by Employers
except such as are specifically relinquished herein, are reserved to and remain vested in the Township, including but without limiting the generality of the foregoing are the right to:
A. Manage the Municipality generally;
B. Decide the number and location of facilities;
C. Decide all machines, tools and equipment to be used;
D. Decide the services to be provided and the manner of providing them
E. Decide the work to be performed;
F. Move or remove a facility or any of its parts to other areas;
G. Decide the method and place of providing its services;
H. Determine the schedules of work;
I. Maintain order and efficiency in its facilities and operations;
J. Hire, lay off, assign, transfer and promote Employees;
K. Determine the qualifications of Employees
L. Determine standards of workmanship;
M. Determine qualifications and conditions for continued employment;
N. Determine and redetermine job content;
O. Determine the starting and quitting time;
P. Determine the amount of supervision necessary;
Q. Study and/or introduce new or improved methods, procedures, tools, equipment, etc.;
R. Discipline and discharge Employees for cause;
S. Purchase the services of others, contract or otherwise;
T. Determine the amount and frequency of overtime to be worked; and
U. Relieve Employees from duty for lack of work or for other legitimate reasons.
Management shall have all other rights and prerogatives including those exercised unilaterally in the past subject only clear and express restrictions governing the exercise of these rights as are expressly provided for in this Agreement.
SECTION 4.
The Township retains the sole right to discipline and discharge Employees for cause, provided that in the exercise of this right it will not act in violation of the terms of this Agreement.
SECTION 5.
The Township reserves the right to promulgate work rules and regulations in order to maintain order and discipline provided same are not inconsistent with the provisions of the Agreement.
SECTION 6.
The Township agrees that the rights of the Union are specifically listed herein, that all subjects not specifically listed herein are retained by the Township and that the Union further agrees to waive its right to grieve concerning the contemplation, approval application, implementation or adoption of any management right, whether heretofore above listed or not.
ARTICLE 5
NON-DISCRIMINATION SECTION 1.
The Township and the Union agree that the provisions of this Agreement shall be applied equally to all Employees and there shall be no discrimination as to age, sex, marital status, race, color, creed, national origin or political affiliation.
SECTION 2.
The Township agrees not to interfere with the right of Employees to become members of the Union. There shall be no discrimination by the Township or any of its representatives against any Employee because of Union membership or because of any Employee activity permissible under law or this Agreement in an official capacity on behalf of the Union.
SECTION 3.
The Union recognizes its responsibility as exclusive collective bargaining representative and agrees to represent all Employees in the Bargaining Unit without discrimination or interference.
SECTION 4.
All references in this Agreement to Employees of the male gender are used for convenience only and shall be construed to include both male and female Employees.
ARTICLE 6
NO-STRIKE PLEDGE SECTION 1.
The F.M.B.A. covenants and agrees that during the term of this Agreement neither the F.M.B.A. nor any person acting in its behalf will cause, authorize or support, nor will any of its members take part in any strike (i.e., the concerted failure to report for duty, or willful absence of an Employee from his position, or stoppage of work or abstinence in whole or in part, from the full, faithful and proper performance of the Employee's duties of employment), work stoppage, slow-down, walk-out or other job action against the
Township. The F.M.B.A. agrees that such action would constitute a material breach of this Agreement. The F.M.B.A. further agrees that its members upon direction by the Chief, or his designee, will respond to cover in other municipalities where a fire or emergency or rescue activity is in progress.
SECTION 2.
The F.M.B.A. agrees that it will do everything in its power to prevent its members from participating in any strike, work stoppage, slow-down or other such activity aforementioned. The F.M.B.A. actions will include, but not be limited to, publicly disavowing such activities in the media and ordering all such members who participate in such activities to cease and desist form same immediately and to return to work, along with such other steps as may be necessary under the circumstances to bring about compliance with its order.
SECTION 3.
In the event of a strike, slow-down, walk-out or job action, it is covenanted and agreed that participation in any such activity by any F.M.B.A. member shall be deemed grounds for disciplinary action including possible termination of employment of such Employee or Employees.
SECTION 4.
Nothing contained in this Agreement shall be construed to limit or restrict the Township in its right to seek and obtain such judicial relief as it may be entitled to have in law or in equity for injunction, damages, or both, in the event of such breach by the F.M.B.A. or its members.
ARTICLE 7
MANPOWER SECTION 1.
The Township has the sole and exclusive responsibility for determining the manning strength of the Department and to determine the level of services and funding in order to protect the health, welfare and safety of residents and Employee(s).
SECTION 2.
In order to protect the health and safety of the Department of Fire, Employees and residents of the Township, the Township shall make every reasonable effort to maintain the existing manpower of each shift.
SECTION 3.
Manpower shall be maintained by paid personnel only.
ARTICLE 8
FIRE SAFETY PATROL SECTION 1.
In addition to the duties currently performed by Firefighters, the Department of Fire will operate a Fire Safety Patrol whose duties are set forth in the Schedule entitled "Fire Safety Patrol Duties" attached hereto as Schedule A.
SECTION 2.
A man shall be assigned to the dispatch desk at headquarters at all times at the sole discretion of the Chief of Fire.
SECTION 3.
While on duty, Firefighters shall be expected to perform Department of Fire duties at all times, including (but without limitation) training, fire safety patrol, maintenance of equipment, inspection, and any other fire-related duties as may be prescribed by their superior.
ARTICLE 9
TRAINING SECTION 1.
The Chief of Fire or his designee has the sole responsibility for determining the frequency, type, content, location, equipment utilization, time, and any other factors that go into developing, planning, programming, and carrying out a realistic, effective training program.
SECTION 2.
When temperatures are above eight-five (85) degrees Fahrenheit or below thirty-five (35) degrees Fahrenheit, outdoor training shall be curtailed. Temperature recorded at Union College Weather Station shall be used to implement this Article.
ARTICLE 10
DUES CHECK-OFF SECTION 1.
The Township agrees to deduct current union dues on a monthly basis, provided at the time of such deduction there is in possession of the Township a current written assignment, individually and voluntarily executed by the Employee, in the form and according to the terms of the authorization form provided by the Township executed annually or upon reinstatement.
SECTION 2.
The Township will deduct current union dues from the pay of Employees for the last pay period in the calendar month. If an Employee has no pay coming for such period or if such pay period is the first pay of a new Employee, such dues shall be deducted form the next appropriate pay period.
SECTION 3.
The Township will deduct from the pay of Employees in any one month only dues incurred while an Employee has been in the employ of the Township and only such amounts becoming due and payable in such month.
SECTION 4.
In the event that a refund is due any Employee for any sums deducted from wages and paid to the Union, it shall be the responsibility of such Employee to obtain appropriate refund from the Union.
SECTION 5.
All sums deducted by the Township shall be remitted to the Treasurer, Local Union No. 37, Firemen's Mutual Benevolent Association, 7 Springfield Avenue, Cranford, New Jersey 07016 not later than the last day of the calendar month subsequent to the month in which such deductions are made.
SECTION 6.
In the event the Union requests that the township deduct dues in excess of the amounts deducted as of the date of execution of this Agreement, such request shall be effective only upon written assurance by the requesting party that the additional amounts have been authorized pursuant to and under the Union's Constitution, provided that in the event a new written authorization from the Employee is necessary that such authorization will be secured by the Union and presented to the Township prior to the deduction of the newly certified amounts.
SECTION 7.
The Township shall not be liable for the remittance or payment of any sums other than those constituting actual deductions made; and if for any reason it fails to make a deduction for any Employee as above provided, it shall make that deduction from the Employee's next pay in which such deduction is normally deducted after the error has been called to its attention by the Employee or the Union.
SECTION 8.
This Article shall not be construed as or interpreted to mean that the Township recognizes, acknowledges, or in any other manner signifies the dues check-off as anything other than a voluntary open shop arrangement.
SECTION 9.
The Union shall indemnify and hold the Township harmless against any all claims, demands, suits, or other forms of liability that shall arise out of or by reason of action taken or not taken by the Township for purpose of complying with any of the provisions of this Article.
ARTICLE 11
F.M.B.A. ACTIVITY PROTECTED SECTION 1.
Nothing shall abridge the right of any duly authorized representative of the F.M.B.A. to present the views of the F.M.B.A. to the citizens on issues which affect the welfare of its members.
SECTION 2.
It is recognized that the free flow of information and guidance of Union members is essential to maintain good order within the Bargaining Unit. Therefore, officers and representatives of F.M.B.A. Local No. 37 only are permitted to meet with and conduct business with members of F.M.B.A. Local No. 37 only who are on duty in the Fire Station, provided that prior consent of the Chief of Fire has been secured and such meetings shall not cause disruption or interfere with the good order and operation of the Department. This privilege shall not be abused.
SECTION 3.
It is understood that this Agreement is a lawful document binding both parties, their representatives and members of the Bargaining Unit.
SECTION 4.
Violations of this Agreement may constitute grounds for recommending disciplinary action by either party at an appropriate level.ARTICLE 12
MAJORITY BARGAINING AGENT RIGHTS AND DUTIES
(UNION BUSINESS LEAVE) SECTION 1.
No more than two (2) members of the F.M.B.A. Negotiating Committee shall be granted leave from regular duty without loss of regular straight-time pay for meetings with the Township for the purpose of negotiating the terms of a contract. The prior permission for such leaves from regular duty must first be obtained from the Employee's immediate superior.
SECTION 2.
No more than one (1) member of the F.M.B.A. Grievance Committee shall be granted leave from duty without loss of regular straight-time pay for meetings between the Township and F.M.B.A. for the purpose of processing grievances, when such meetings take place at a time during which such members are scheduled to be on duty.
SECTION 3.
There shall be five (5) members of the F.M.B.A. granted leave without loss of regular straight-time pay to attend and serve as delegates to the Annual State F.M.B.A. Convention. The Township and the F.M.B.A. agree to be bound by the provisions of N.J.S.A. 40A: 14-177, where applicable, provided that the fire fighting capability of the Cranford Department of Fire will not be diminished by the absence of these firemen, such determination to be made by the Fire Chief.
SECTION 4.
The Executive Delegate, or the Alternate Executive Delegate in the event of the absence of the Executive Delegate due to absence due to Vacation or Sick Leave, of the F.M.B.A., may be granted leave from duty without loss of regular straight-time pay for all local, regional, and state meetings when such meetings take place at a time during which such Employee is scheduled to be on duty, provided that the fire fighting capability of the Cranford Department of Fire will not be diminished by the absence of this Firefighter, such determination to be made by the Fire Chief.
SECTION 5.
The F.M.B.A. shall be responsible for acquainting its members with the provisions of this Agreement and shall be responsible insofar as legally possible for the adherence to the terms and conditions of this Agreement by such members.
SECTION 6.
An Employee(s) who is a member of the Bargaining Unit and who has been elected as State President, State Vice President or State Secretary-Treasurer of State F.M.B.A. shall be granted leave from duty without loss of regular straight-time pay for all local, regional, and state meetings and conventions when such meetings or conventions take place at a time during which such member is scheduled to be on duty provided that the fire fighting capability of the Cranford Department of Fire will not be diminished by the absence of this Employee(s), such determination to be made by the Fire Chief and subject to approval by the Township Administrator.
SECTION 7.
A copy of the contract shall be furnished to each member by the Township of Cranford.
SECTION 8.
Nothing contained in this Agreement shall be construed to deny or restrict the Majority Bargaining Unit its rights and responsibilities under Chapter 123 or any other national, state, county or local laws or ordinances.
ARTICLE 13
NOTIFICATION SECTION 1.
The Township shall have the sole and exclusive right to develop, publish and issue General Orders, Special Orders, Procedures, Rules and Regulations.
SECTION 2.
The Township in proposing new rules or modifications of existing rules governing working conditions shall be handled in accordance with the provisions of the new Jersey Employer-Employee Relations Act, as amended.
SECTION 3.
The Township shall furnish a copy of said General Orders, Special Orders, Procedures, Rules and Regulations to each Employee in the Bargaining Unit within twenty-four (24) hours of their promulgation.
SECTION 4.
The Township reserves the right to petition the courts for clarification and resolution of issues raised by the New Jersey Employer-Employee Relations Act, as amended.
ARTICLE 14
GRIEVANCE PROCEDURE SECTION 1. DEFINITION
The term "Grievance" as used herein is a written dispute, claim, or complaint arising under and during the term of this Agreement and filed by either an Employee in the Bargaining Unit, the F.M.B.A. on behalf of an individual or group of individuals, or the Township. Grievances must pertain to matters of interpretation or application of express provisions of alleged violations of this Agreement.
SECTION 2. GENERAL
The Township and Union agree that the following constitutes the sole and exclusive method of resolving grievances between the parties over this Agreement [with the exception of Township initiated grievances which will proceed in accordance with Section 4. of this Article] and agree that each step as set forth herein shall be followed in its entirety or the grievance is forfeited, unless any step is waived by mutual consent.
SECTION 3. GRIEVANCE STEPS
The aggrieved shall institute action under the provisions herein within ten (10) calendar days after the event giving rise to the alleged grievance or ten (10) calendar days after an Employee has knowledge thereof and an earnest effort shall be made to settle the differences between the aggrieved Employee and his supervisor for the purpose of resolving the matter informally. Failure to act within said ten (10) calendar days shall be deemed to constitute an abandonment of the grievance. If no satisfactory agreement is reached within three (3) working days, then it may be moved to Step 1.
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Step 1.
In the event the grievance cannot be settled as set forth in above, the grieve may submit in writing on a form supplied by the Township, a notice of grievance to the Employee's immediate supervisor and Such supervisor shall render a decision within three (3) working days after receipt of grievance. If no satisfactory agreement is reached, then it may be moved to Step 2.
Step 2.
The written grievance may be filed with the Chief of Fire within three (3) working days on a form furnished by the Township. If a grievance is filed, the Chief must answer in writing within three (3) working days. If no satisfactory agreement is reached, it may be moved to Step 3.
Step 3.
If the aggrieved party is not satisfied with the disposition of his grievance at Step 2, he may submit the matter for review by the Township Administrator within five (5) calendar days after receiving the decision in Step 2. The Township Administrator shall render a decision from the record before him in writing within five (5) working days.
Step 4.
If such grievance is not resolved by Step 3 above, the Employee may, within three (3) working days after the response form the Township Administrator submit his grievance in writing to the Township Grievance Committee through the Township Administrator. The Township Grievance Committee shall hold a hearing on such grievance within twenty (20) calendar days after submission and shall have ten (10) calendar days thereafter to reach its decision
with respect thereto. A representative of the F.M.B.A. may attend such hearing. The Township Grievance Committee shall set forth its findings and such conclusions in writing and shall submit a copy thereof to the F.M.B.A.
Failure to hold a hearing or submit an answer in writing under Step 4 shall move the grievance to Step 5.
Step 5.
If such grievance is not settled by Step 4 above, it may be submitted for binding arbitration in accordance with the provisions of Grievance Arbitration Article.
SECTION 4.
The Township may institute action under the provisions of this Article within ten (10) working days after the event giving rise to the grievance has occurred. Such grievances shall be filed directly with the President of the F.M.B.A. and an earnest effort shall be made to settle the differences between the Township and the F.M.B.A. If such grievance is not settled, it may be submitted for arbitration in accordance with provisions of Grievance Arbitration Article.
SECTION 5. GRIEVANCE IN WRITING
All grievances shall be in writing on forms provided by the Township. The aggrieved party shall state clearly and concisely all facts which are the basis for the grievance and if the claim that any Articles of this Agreement are involved, the aggrieved party shall specify such Articles. The grievance shall be dated and signed by the aggrieved party or parties.
SECTION 6.
Grievance hearings and conferences shall be held at the municipal
building. Provided prior permission has been secured from the Fire Chief, a representative from the F.M.B.A. whose presence is required to resolve grievances shall be released form work without loss of regular straight-time pay for the purpose of participating in such a grievance resolution and further provided that there shall be no interference with the operation of the Township. In addition, witnesses who are reasonably required for the purposes of appearing at a hearing shall, if prior permission is secured from the Chief, be made available during working hours, if necessary, without loss of regular straight-time pay for the purpose of appearing at hearings.
SECTION 7.
Grievances shall be maintained in a separate Grievance file. Grievances shall not be placed in the personnel files of any Employees.
ARTICLE 15
GRIEVANCE ARBITRATION SECTION 1.
A. Either party may request arbitration of unsettled grievance. The party desiring arbitration must notify the other party in writing of such desire within twenty (20) working days after the decision in writing is given under the last step of the grievance procedure provided for in this Agreement. In the event either party fails to serve such written notice of desire to arbitrate within twenty (20) working days of date of written decision handed down under the last step of the grievance procedure provided in this Agreement, then the grievance shall be considered as settled on the basis of the written decision handed down in the last step of the grievance procedure.
B. After receipt of a desire to arbitrate, the Township and F.M.B.A. shall attempt to agree on an arbitrator. If the Township and the F.M.B.A. are unable to so agree within seven (7) calendar days, or within a longer period if mutually agreed upon, then the grieving party may submit the matter to the Public Employment Relations Commission (PERC) requesting that an impartial arbitrator be selected in accordance with their rules and regulations.
C. Only the Township or the F.M.B.A. shall have the right to submit a grievance to arbitration.
SECTION 2.
A. Any grievance submitted for arbitration shall first be reduced to a written "Submission Agreement" detailing the dispute at issue. If the Township and the F.M.B.A. cannot agree upon the "Submission", each party, at least two (2) days in advance of the hearing, shall submit to the other a statement of the issues it considers in dispute.
B. The joint "Submission Agreement" shall be signed by the Township and the Officers of the F.M.B.A. Local No. 37. In the event separate statements of the issues are submitted, the Township shall sign its copy and the Officers of the F.M.B.A. Local No. 37 shall sign the F.M.B.A.'s statement of issues.
C. Unless otherwise agreed to by the parties to this Agreement, one (1) issue will be submitted to the arbitrator in each case.
SECTION 3.
The arbitrator shall be bound by the provisions of this Agreement and restricted to application of the facts presented to him involved in the grievance. The arbitrator shall not have the authority to add to, modify, detract from or alter in any way the provisions of the Agreement or any amendment or supplement thereto.
SECTION 4.
The cost for the services of the arbitrator shall be borne equally between the Township and the F.M.B.A. Any other expense shall be paid by the party incurring same.
SECTION 5.
It shall be the obligation of the arbitrator to the Township and to the F.M.B.A. to make his best effort to rule on cases heard by him within thirty (30) days after the hearing.
SECTION 6.
Arbitration hearings and conferences shall be held at the municipal building. Provided prior permission has been secured from the Chief, a representative from the F.M.B.A. whose presence is required to resolve arbitrations shall be released from work without loss of regular straight-time pay for the purpose of participating in such an arbitration hearing and further provided that there shall be no interference with the operation of the Township. In addition, witnesses who are reasonably required for the purposes of appearing at the arbitration shall, if prior permission is secured from the Chief, be made available during working hours, if necessary, without loss of regular straight-time pay for the purpose of appearing at arbitration hearings.
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SECTION 7.
Nothing herein contained shall be construed to deny any individual his rights under any civil law or regulation or any local, State or Federal law.
SECTION 8.
Grievances shall be maintained in a separate Grievance file. Grievances shall not be placed in the personnel files of any Employees.
ARTICLE 16
DISCIPLINE Disciplinary action as to suspensions and dismissals will be in accordance with Section Twenty (20) of Township Ordinance #69-21 of October 14, 1969, as amended.
ARTICLE 17
SENIORITY SECTION 1. DEFINITION
A. An Employee must be regular, full-time, permanent, and in full-pay status in order to be eligible to accrue seniority.
B. Such Employee's seniority shall date from the most recent starting date of continuous full-time employment with the Cranford Department of Fire. Such Departmental seniority shall accumulate until there is a break in service. Departmental seniority of an Employee who is reinstated after a period of layoff shall be continued retroactively exclusive of the period of layoff.
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C. Seniority within the Bargaining Unit will be determined on a Department-wide basis and each Employee's standing in a platoon seniority sequence shall be based on the Departmental seniority.
D. An Employee shall be added to the seniority list on last date of hire to a position within the Bargaining Unit hereinbefore described in the Recognition Article.
SECTION 2. SENIORITY RIGHTS
An Employee's seniority shall entitle Employee only to such rights as are expressly provided for in this Agreement.
SECTION 3. EQUAL SENIORITY
A. In the event two (2) or more Employees have equal seniority, the Employee's seniority shall be determined on the basis of the total points amassed and used for making the appointment to the Cranford Department of Fire.
B. In the event two (2) or more Employees have equal total points or said data is not available, then the "high card draw" system shall determine the more senior Employee.
C. In the event the "high card draw" results in a platoon transfer, the provisions of the Article on Transfers will apply.
SECTION 4. PROBATIONARY PERIOD
A. All regular, full-time Employees shall serve a probationary period of eighteen (18) calendar months uninterrupted by any type of service break during which time they will be termed "probationary Employee".
B. During the probationary period, an Employee shall be eligible for Employee benefits unless expressly provided otherwise in this Agreement. After the Employee has successfully completed
his probational period of employment, Employee shall become a regular, full-time Employee and his seniority shall start as stated in Section 1. of this Article.
C. During the probationary period an Employee's performance shall be reviewed and evaluated in accordance with current procedures every six (6) months. Employee will continue in probationary status automatically unless Chief of Fire recommends to the Township Committee, and the Township Committee approves, to change status from probationary to regular full-time. The Chief of Fire must make a recommendation at the end of the eighteen (18) months to either terminate the services of the Employee or to change status to regular from probationary.
D. Probationary Employees' service with the Township may be terminated at any time by the Township in its sole discretion and neither the Employee so terminated nor the Union shall have recourse to the Grievance Procedure over such termination. An Employee terminated during the probationary period may, however, request a hearing before the Township Administrator and, if not satisfied with the decision of the Township Administrator, request a hearing before the Township Committee.
SECTION 5. PROMOTION TO SUPERVISORY POSITION
A. An Employee promoted or transferred from a job classification in the Bargaining Unit to a supervisory position shall retain the seniority Employee had at the time of such promotion or transfer and shall continue to accumulate seniority while he is in said supervisory position for a period of eighteen (18) months.
B. An Employee promoted or transferred as described in subsection A. above, shall have a right to return to the Bargaining Unit and be placed on the job to which his seniority would entitle him if his employment with the Township had remained unbroken; provided, however, if such Employee is discharged for cause, Employee shall not be eligible for return to the Bargaining Unit.
SECTION 6. LAYOFF AND RECALL
A. Seniority shall prevail in cases of layoff and recall. Layoffs shall be in the inverse order of Employee's appointment and recall shall be in the reverse order of Employee's layoff.
B. A laid-off Employee, if recalled to a job similar in work content and identical or higher in rate of pay to the job from which he was laid off, shall be required to take the recall. Failure to take such offered work shall result in loss of seniority and discharge.
C. The order of recalling laid-off Employees shall be in the inverse order in which the Employees are laid off and shall be subject to the same conditions of layoff.
D. Notices of recall shall be sent by certified or registered mail, or telegram to the Employee's last known address as shown on the Township's records and it shall be the obligation of the Employee to provide the Township with a current address and telephone number. A recalled Employee shall give notice of his intent to return to work within five (5) consecutive calendar days of date of notice, and shall return within fourteen (14) calendar days or his employment shall be terminated without recourse to this Agreement.
E. In the event a recall is necessary on less than five (5) days notice, the Township may call upon the laid-off Employee(s)either personally or by telephone until an Employee able to return to work is located. In such case, the Employee able to return to work immediately will be given a temporary assignment not to exceed fourteen (14) days, and Employees passed over because of their inability to return to work immediately will be given notice to report for work at the end of said fourteen (14) day period.
SECTION 7. LOSS OF SENIORITY
An Employee's seniority and employment shall terminate if:
A. Employee resigns; or
B. Employee is discharged; or
C. Employee fails to give notice of his intent to return to work within five (5) calendar days and/or fails to report for work within fourteen (14) calendar days after issuance of the Township's notice of recall by certified mail to the last known address of such Employee as shown by the Employer's records. It shall be the responsibility of the Employee to provide the Township with a current address; or
D. Employee is absent from work for three (3) consecutive working days without advising the Township of a reason acceptable to the Township for such absence; or
E. Employee overstays a Leave of Absence without advising the Township of a reason acceptable to the Township for such overstay; or
F. Employee gives a false reason in requesting a Leave of Absence; or
G. A settlement with the Employee has been made for a total disability; or
H. Employee is retired; or
I. Employee is laid off or has not, for any reason, worked for a continuous period of two (2) years; or
J. Employee falsified pertinent information on his application for employment; and
K. Employee participates in any strike, sit-down, stay-in, slowdown, or curtailment of work restriction of production, or services of the Township during the term of this Agreement.
SECTION 8. VACATION
Seniority for purposes of preference for Vacations shall be determined on the basis of provisions of Section 1 of this Article and the Vacation Article.
SECTION 9. LEAVES OF ABSENCE
The Employee who takes an authorized Leave of Absence from duty for more than five (5) working days for reasons other than Sick Leave or Vacation shall not earn seniority during said authorized Leave of Absence.
SECTION 10. SENIORITY - EXEMPTION
Should a court or administrative tribunal of competent jurisdiction order or request through its settlement procedures that the Township take certain affirmative action to achieve compliance with an order or settlement with such appropriate tribunal, the Township shall be permitted to invoke such changes without regard to the seniority provisions of this Agreement, and without resort to the Grievance procedure by the Union or any Bargaining Unit member.
SECTION 11. SENIORITY LIST POSTING
The Township agrees to post and update annually a seniority list of
the members of the Bargaining Unit seniority and provide a copy to the Union. An Employees standing on the published list will be final unless protested to the Township Administrator's office not later than thirty (30) calendar days after the list has been posted on the bulletin board in the Township municipal building and Firehouse building.
SECTION 12. RESIGNATION
An Employee who resigns is requested to give thirty (30) days written notice in order to provide sufficient time to appoint and train a successor or rearrange work schedules.ARTICLE 18
TRANSFERS SECTION 1. DEFINITION
A transfer shall be lateral and shall be defined as a permanent or temporary transfer or personnel from one platoon to another platoon, maintaining seniority as is presently enjoyed.
SECTION 2. RESPONSIBILITY
The Chief of Fire shall be solely responsible for the transfer of Firefighters.
SECTION 3. SENIORITY EQUALITY
The Chief of Fire shall be responsible for the maintenance of the platoon seniority sequential standing based on Department-wide seniority, and as nearly as possible, equitable alignment of seniority among the platoons.
SECTION 4. PLATOON CAPTAINS
The Platoon Captain, in consultation with the Chief of Fire, may reject no more than two (2) requests for transfers to his platoon for the same opening.
SECTION 5. PLATOON SENIORITY
In the event a transfer is made as the result of a "high card draw" or a transfer is made to satisfy the platoon seniority sequence requirements of this Agreement, regardless of whether Section 4 of this Article is exercised or not, the Chief of Fire will maintain platoon seniority sequential standing based on seniority in the Department through lateral transfer.
SECTION 6. COMPUTING WORK CYCLE
For computing work cycle of transferred Firefighter refer to Schedule "B".
ARTICLE 19
HOURS OF EMPLOYMENT SECTION 1.
The number of hours worked each day during the eight (8) week cycle is set forth in the Schedule hereto attached as Schedule "B".
SECTION 2.
Firefighters are to be considered available for duty at all times except when on Vacation or out of town and they shall respond promptly when their services are required.
ARTICLE 20
SALARY SECTION 1.
The salary schedule for Employees covered under this Agreement shall be as set forth in Schedule "C", which is attached hereto and made a part hereof. The percentage increases shall be 3.5% for calendar year 2002; 3.5% for calendar year 2003; 3.75% for calendar year 2004; and 4.0% for calendar year 2005.
SECTION 2.
The annual incremental increase of Employees assigned the duty of Fire Inspector, Fire Mechanic or Emergency Medical Technician shall be as set forth in Schedule "C".
ARTICLE 21
MERIT INCENTIVE PROGRAM SECTION 1.
In addition to the annual salary, a Merit Incentive step payment program is hereby instituted for all Fifth (5th) Grade Firemen and all Fifth Grade Firemen assigned the duty of Fire Inspector or Fire Mechanic according to the following schedule as implemented in accordance with Schedule "C".
A. For period starting January 1, 2002:
Incentive Points Dollar Value Additional
Step Required Per Point Compensation
1st 30 $28.00 $ 840.00
2nd 45 28.00 1,260.00
3rd 70 28.00 1,960.00
4th 90 28.00 2,520.00
5th 110 28.00 3,080.00
6th 120 28.00 3,360.00
7th 140 28.00* 3,920.00
8th 160 28.00* 4,480.00
9th 200 28.00* 5,600.00
B. For period starting January 1, 2003:
Incentive Points Dollar Value Additional
Step Required Per Point Compensation
1st 30 $28.00 $ 840.00
2nd 45 28.00 1,260.00
3rd 70 28.00 1,960.00
4th 90 28.00 2,520.00
5th 110 28.00 3,080.00
6th 120 28.00 3,360.00
7th 140 28.00* 3,920.00
8th 160 28.00* 4,480.00
9th 200 28.00* 5,600.00
C. For period starting January 1, 2004:
Incentive Points Dollar Value Additional
Step Required Per Point Compensation
1st 30 $28.00 $ 840.00
2nd 45 28.00 1,260.00
3rd 70 28.00 1,960.00
4th 90 28.00 2,520.00
5th 110 28.00 3,080.00
6th 120 28.00 3,360.00
7th 140 28.00* 3,920.00
8th 160 28.00* 4,480.00
9th 200 28.00* 5,600.00
* Must have obtained a minimum of an Associate Degree to qualify for this additional compensation.
D. For period starting January 1, 2005:
Incentive Points Dollar Value Additional
Step Required Per Point Compensation
1st 30 $28.00 $ 840.00
2nd 45 28.00 1,260.00
3rd 70 28.00 1,960.00
4th 90 28.00 2,520.00
5th 110 28.00 3,080.00
6th 120 28.00 3,360.00
7th 140 28.00* 3,920.00
8th 160 28.00* 4,480.00
9th 200 28.00* 5,600.00
* Must have obtained a minimum of an Associate Degree to qualify for this additional compensation.
SECTION 2.
The Merit Incentive points are to be awarded as follows:
A. Prior to January 1, 1973 each class hour at approved courses of more than ten (10) hours, conducted by state, federal or other training agencies outside of the Departmental in-service training programs and initial recruit academy training - 1/ 20th point.
B. After January 1, 1973 each class hour at approved courses of more than eight (8) hours conducted by state, federal or other training agencies outside of Departmental in-service training programs and initial recruit academy training - 1/15th point.
C. Each full year of service in the Department - 1 point. In addition, one (1) additional point shall be granted for each year of service in the Department of Fire prior to January 1, 1963.
D. Each approved semester hour credit obtained in a college, technical institute or other institution of higher learning in courses prescribed by the Chief of Fire with approval of the Township Committee - 1 point.
Points may be awarded by the Township Committee for technical schools, Department of Fire oriented, attended prior to appointment to the Department of Fire. Such courses must be documented in full and must be approved by the Chief of the Department of Fire and by the Township Administrator.
E. Qualifying average mark of eighty (80) or above in annual in-service examinations - 1 point.
F. Recognized hours obtained in correspondence courses prescribed by the Chief of Fire with approval of the Township Committee. Points to be assigned each course prior to the commencement of said course. Range from 2 to 6 points.
G. Associate Degree - 15 points.
Payment for this degree and the associate degree in subsection H below will commence upon receipt of the degree.
H. Associate Degree in Fire Science or Technology - 25 points. However, since Associate Degrees in Fire Science were not always available at all times, points may be granted, upon recommendation of the Township Administrator and approval of the Township Committee, of the courses completed and other supporting documents.
I. When an employee is awarded an Associates Degree, Merit Incentive points for possession of this degree will apply, together with the Merit Incentive point credits earned to achieve the Associates Degree, whether or not the employee has reached top grade pay.
J. Baccalaureate Degree - 35 points.
K. Baccalaureate Degree with Fire Field Major - 50 points. However, the maximum number of points that can be amassed for
any degree or combination of degrees - 50 points.
L. The Superior Officer Merit Rating from 0 - 4 points provided that the point scores are allocated among the members of the Department of Fire.
M. All Firemen appointed prior to the enactment of Ordinance No. 69-21 shall be awarded, one time and one time only, points on the following basis:
1. For each year of service - 1 point.
2. Merit rating for each year of service - 2 points.
3. In-service training for each year of service - 1 point.
4. For each hour completion of approved course as submitted by the Chief of Fire - 1 to 20 points.
SECTION 3.
Points shall accumulate from date of appointment as Firefighter. Points earned during the period January 1 through December 31 are added and applied to the accumulated point total in the succeeding year for any additional compensation due in accordance with the schedule set forth hereinabove. However, the additional to be added to the base as set forth in Schedule "C" shall not commence until the completion of service as a Fourth Grade Firefighter.
SECTION 4.
Township will establish a panel consisting of the Township Administrator, Chief of Fire, a Superior Officer Bargaining Unit representative, a Firemen Bargaining Unit representative, and a floating panel member, preferably of the education field to establish recommended higher education courses, non-college courses, continuing education courses, seminars, etc. to help further and prepare Employee to carry out duties and responsibilities.
ARTICLE 22
OVERTIME SECTION 1. REGULAR OVERTIME
A. When a Firefighter is called back for a full day or full night shift, Employee will be paid time and one-half on an hour-for- hour or any part thereof basis for all hours worked over forty two (42). Overtime pay will be based on the individual Employee's overtime hourly rate.
B. When a Firefighter is detailed on any duties beyond his forty-two (42) hour work week, it shall be computed at the individual Employee's overtime rate.
SECTION 2. EMERGENCY RECALL
Any part of the first overtime hour shall constitute one (1) complete hour, and any portion of each succeeding hour shall be compensated on a minute-for-minute basis. Since Firefighters are receiving overtime pay for the first overtime hour for answering an emergency call, the Chief, in his discretion, may require Firefighters who are receiving such overtime to remain on duty until the apparatus is back in service or back taps have sounded.
SECTION 3. SHIFT HOLDOVER
Any time a shift must be held over, overtime will be computed on a minute-for-minute basis at one and one-half time the Employee's regular rate of pay on a quarter-hour basis.
SECTION 4. OVERTIME LIST
A rotating overtime day shift list and a rotating overtime night shift list shall be established by the Chief. The purpose of these rotating overtime lists is to disperse overtime equally to all Firefighters. These lists are to be posted at all times. If the need arises to call in a Firefighter for overtime work, the following procedure shall be followed:
A. The Chief or his representative shall give first consideration to the Firefighter with the least amount of total day shift house or night shift hours, whichever is appropriate. If a man is asked and refuses, he is charged with ten (10) or fourteen (14) hours, whichever is appropriate.
B. If a Firefighter is asked to work overtime for a full day or night shift in conjunction with his regularly scheduled day or night shift, thus creating a twenty-four (24) hour tour of duty, and refuses, Employee shall not be charged with ten (10) or fourteen (14) hours as required in Section 4 A. above of this Article.
C. If a Firefighter cannot be contacted, his name remains eligible for the next opportunity.
D. If the Chief of the Department or his representative cannot find anyone to accept the duty, he has the right to order a man into work to fill the vacant position.
SECTION 5.
If a man is called in for overtime to fill a tour of duty and is then dismissed before completing such tour of duty ten (10) or fourteen (14) hours, Employee will be compensated for the full tour.
SECTION 6.
When the need to fill a position on a shift is known in advance, the Chief of Fire or his representative should schedule a replacement from the overtime list as far in advance of such date as possible.
SECTION 7.
An Employee, newly hired, shall be added to the overtime list and given one hour plus total hours of the posted highest total hours.
SECTION 8.
All overtime pay shall be paid as earned in a paycheck subsequent to the pay period in which overtime was earned.
ARTICLE 22-A
COMPENSATORY TIME SECTION 1. OFF-DUTY SCHOOLING COMPENSATION
Employess who are required by the Chief to attend training and/or certification schools and/or classes under the direction and approval of the Chief which occur during their off-duty hours shall be compensated, where required by the Fair Labor Standards Act (FLSA), as amended, and the regulations there under, and/or the Collective Bargaining Agreements, at the rate of one and one-half hours of compensatory time off for all off-duty time spent in said school or class.
SECTION 2. COMPENSATORY TIME ACCRUAL
Employees affected by the conditions set forth above shall accrue said compensatory time in a special "Compensatory Time Bank." Once the accrual threshold of one hundred and twenty (120) hours is reached the affected emp1oyee is required to begin making reasonable requests to schedule and use said compensatory time within the twelve-month period commencing from the date of the accrual of the one hundred and twentieth (120th) hour.
SECTION 3. SCHEDULING COMPENSATORY TIME OFF
It is the responsibility of the employee to make reasonable requests for the time off. (Reasonable request shal1 be defined as requesting said time off when no other bargaining unit employee has been previously scheduled and approved for vacation, administrative or compensatory leave time on the same shift.) In the event that the employee has met the standard of making a reasonable request for time off and has made two (2) requests and said time off is not granted, the employee shall submit and be paid for said requested time, payment of which shall occur within the next overtime pay period.
All requests for compensatory time off shall be submitted to the Chief and shall be dated and time recorded. In the event that two
or more employees from the same bargaining unit and shift request compensatory time off for the same time period, preference shall be given to the request submitted first. In the event that two or more requests from the same bargaining unit and shift for compensatory time off for the same time period are submitted simultaneously, preference shall be given to the employee with the greater amount of accumulated compensatory time.
If, in the opinion of the Chief, an employee is not making a reasonable effort to reduce his/her compensatory bank to the one hundred and twenty (120) hour threshold, he may direct the employee to do so, and may schedule compensatory time off for said employee.
ARTICLE 23
ACTING LIEUTENANTS SECTION 1.
Whenever a Firefighter is required to serve as an Acting Lieutenant because of vacations, illness, injury or terminal leave or similar cause for a period of fifteen (15) calendar days or more, Employee shall receive the appropriate rate of pay for Lieutenant during such period as set forth in the applicable salary ordinance. Such period of service must be continuous and shall not be cumulative. Payment of the Lieutenant's rate of pay shall be retroactive to the first day of such continuous assignment.
A. Acting Lieutenants will be assigned in the order of their ranking on the promotional exam.
1. The Firefighter serving in the capacity of Acting Lieutenant shall be a member of the platoon on duty.
2. If there are no Firefighters on the promotional list assigned to the duty platoon and a Firefighter on a duty exchange, or on overtime is working on the duty platoon, than that Firefighter will perform as the Acting Lieutenant.
3. In the event that no Firefighter on the promotional list is available on the platoon to fill the position of Acting Lieutenant, a Firefighter present for duty of the duty platoon shall fill the vacancy as an Acting Lieutenant based on selection from a rotating list of the three (3) senior Class A Firefighters in a platoon.
B. Such appointment shall last for the duration of the absence of an officer being replaced in accordance with this section of this Article.
SECTION 2.
Lieutenants must be rotated or designated as replacements in the event a line Lieutenant is not available at the discretion of the Chief.
ARTICLE 24
CLOTHING AND UNIFORM ALLOWANCE SECTION 1.
Each Employee shall receive a clothing allowance of seven hundred dollars ($700.00) for calendar year 2002; seven hundred twenty-five dollars ($725.00) for calendar year 2003; seven hundred fifty($750.00) for calendar year 2004;and seven hundred seventy-five ($775.00) for calendar year 2005. Allowance is to be paid in a lump sum thirty (30) days after adoption of the budget but no later than June 30th. Employee must provide receipts and proof of purchase to Chief of Fire for entire amount. An Employee hired on or after January 1, 1987 will receive in addition to annual clothing allowance, a Class A Dress Uniform at Township expense upon satisfactorily completing the probationary period. It shall be the responsibility of the Township to pay for the complete uniform and equipment required of all newly hired Firefighters.
SECTION 2.
The Chief of Fire shall prescribe the rules and regulations regarding what constitutes dress, fatigue, and work uniforms; when they are to be worn; and the specifications of quality, color, etc. for same.
SECTION 3.
The Class A Dress Uniform shall not be worn except when directed by the Chief of Fire. The wearing of the fatigue uniform to and from home to fire headquarters is at the option of the Employee except that if fatigue uniform is worn to and from home it shall be worn with tie.
SECTION 4.
If any part of the uniform of an Employee is damaged or destroyed in line of duty, the Township shall pay for the replacement or repair thereof upon voucher submitted therefore and approved by the Chief of Fire.
SECTION 5.
The Township shall:
A. Purchase for each regular, full-time, permanent Employee in full-pay status upon the appointment for the first time, a turnout coat, bunker pants, pair of boots, firefighter protective helmet, protective gloves and eyeshields.
B. Purchase upon assignment to Fire Inspector (1) light blue shirts: two long sleeve and two short sleeve; (2) badges: two each of Fire Inspector badges for shirts and blouses; and (3) two ties.
SECTION 6.
An Employee, upon the approval of the Chief of Fire, is permitted to purchase personal fire-fighting equipment, such as fire axes, etc. to be charged against the Clothing and Uniform Allowance provided said equipment is and remains property of the Township and is used only for fire-fighting duties.
SECTION 7.
The Employee shall be responsible for the care and maintenance of all uniforms and clothing gear and Employee shall be in violation of this Agreement and subject to disciplinary action if Township issued clothing is used or worn for any purpose other than for Township Department of Fire related activities.
ARTICLE 25
FIRE INSPECTOR SECTION 1. DEFINITION
A Firefighter assigned to conduct Fire Prevention, Fire Protection, State Uniform Construction Code, Uniform Fire Safety Code and any such other inspection duties. Fire Inspector(s) is required to train, prepare, be schooled and perform in a manner that fulfills the standards and requirements established from time to time by the Township, county, state or federal governments.
SECTION 2. ASSIGNMENT
The Chief of Fire has the sole and exclusive responsibility for the assignment, continuation of assignment, and reassignment of Firefighter(s) to the duty of Fire Inspector and shall be responsible for determining and setting the selection criteria for assignment to the duty of Fire Inspector, subject to the review and approval of Township Administrator. Assignment to, continuation in, and reassignment of a Firefighter(s) to the duty of Fire Inspector shall be made by and at the discretion of the Chief of Fire or his designated representative(s), subject to policies established by the Township Committee. The Township Committee shall have the sole and exclusive responsibility for determining the number of Firefighters assigned to the duty of Fire Inspector.
SECTION 3. EDUCATION
A. Firefighter(s) assigned the duty of Fire Inspector shall be required to be matriculate and satisfactorily complete the courses, seminars, or any other education training-type events mandated by competent authority of the Township, county, state or federal governments required to establish, continue and update technical knowledge and administrative competency to administer, enforce and implement the Fire Prevention, Fire Protection, State Uniform Construction Code, and such other appropriate inspection codes. Said required courses, seminars, or other education training-type events shall be credited towards the Merit Incentive program points and failure to complete said required courses, etc. can be grounds for discontinuing assignment as a Fire Inspector. Firefighter(s) presently assigned the duty of Fire Inspector must matriculate and satisfactorily complete the required courses, seminars, or any other education training-type events at the earliest possible time.
B. The Township shall assume tuition costs of said required courses, seminars, or other education training-type events and such other costs such as room, board, or commercial transportation as the Township deems reasonable.
C. The Chief of Fire shall have authority to grant to Fire Inspector(s), who would normally be assigned to duty, time off to attend said required courses, seminars, or other education training-type events at not loss in regular straight-time pay providing that the fire-fighting capability of the Department will not be diminished by the absence of the Fire Inspector(s), such determination to be made by the Chief of Fire, and subject to the review and approval of the Township Administrator.
SECTION 4. INCREMENTAL INCREASE ELIGIBILITY
A. A Firefighter assigned to the duty of Fire Inspector shall have served a minimum of at least six (6) months of continuous service as a Fire Inspector before being eligible for the first incremental increase; a minimum of eighteen (18) months of continuous service as a Fire Inspector before being eligible for the second incremental increase; and a minimum of thirty (30) months of continuous service as a Fire Inspector before being eligible for the third incremental increase.
B. A Firefighter in order to be eligible for the incremental increase of a Fire Inspector must be assigned and actively and regularly working as a Fire Inspector.
C. If a Firefighter's assignment to the duty of Fire Inspector is discontinued and is later reassigned to the duty of Fire Inspector, the minimum time requirements set forth in subsection A. of this Section shall apply as though the Firefighter was being assigned the duty of Fire Inspector for the first time, except that in the event the Firefighter is reassigned as a Fire Inspector within one (1) year of the date that his assignment as a Fire Inspector was discontinued, the Firefighter shall receive the incremental level in effect at the time of the discontinuance of his assignment as Fire Inspector.
D. 1. The Chief of Fire shall be responsible for ensuring that performance evaluations of the Firefighter as a Fire Inspector are conducted and the Chief of Fire shall recommend to the Township Administrator, in writing, that the Firefighter is to be paid the next higher incremental increase.
2. Employee's performance as a Fire Inspector shall be reviewed and evaluated in accordance with current procedures every six (6) months. Employee will continue at his then current incremental level automatically unless Chief of Fire recommends to the Township Administrator, in writing, to change Employee's status to the next incremental level. Chief of Fire must make a recommendation at the end of eighteen (18) months period to recommend changing Employee's Fire Inspector incremental level or reassigning Employee to Firefighter status.
SECTION 5. SELECTION AND REASSIGNMENT
A. The Chief of Fire shall be responsible for establishing selection criteria and selecting Employee for assignment to the duty of Fire Inspector.
B. The Chief of Fire shall conduct an informal discussion-type interview with Employee prior to Employee's selection for assignment to duty of Fire Inspector, reassignment to duty of Fire Inspector, or reassignment to Firefighter status. Chief of Fire shall reduce to writing reasons for reassignment of Employee from duty of Fire Inspector to Firefighter status and place same in said Employee's service file.
C. The Township shall develop job (position classification) descriptions for the positions of Firefighter, Fire Inspector and Fire Mechanic.
SECTION 6. INCREMENT INCREASE COMPUTATION
The annual salary of an Employee assigned the duty of Fire Inspector shall be the salary as shown in Schedule "C" as hereinafter attached to the Agreement plus an additional annual increment as also shown in Schedule "C", said annual incremental increase to be included in bi-weekly pay and in base pay for computing pension benefits, holiday pay, vacation pay and terminal leave pay but to be excluded from base pay in computing overtime premium hourly rate and such other computations as the base salary is or may be used.
ARTICLE 25-A
EMERGENCY MEDICAL TECHNICIAN (EMT) SECTION 1. DEFINITION
An Emergency Medical Technician (EMT) assigned to the Emergency Medical Services system shall handle all medical type emergencies in the manner prescribed by the New Jersey State Department of Health. EMTs are to achieve and maintain certification, employing any new changes endorsed by the State Department of Health in their treatment of patients. The EMT is to uphold the highest standards of public service fulfilling the goals of the Township, county, state or federal governments.
SECTION 2. ASSIGNMENT
The Chief of Fire has the sole and exclusive responsibility for the assignment, continuation of assignment, and reassignment of firefighter(s), to determine the duty of the EMT, and shall be responsible for determining and setting the selection criteria for assignment to the duty of the EMT, subject to the review and approval of the Township Administrator. Assignment to, continuation in, and reassignment of a firefighter(s) to the duty of EMT shall be made by and at the discretion of the Chief of Fire or his designated representative(s) subject to policies established by the Township Committee. The Township Committee shall have the sole and exclusive responsibility for determining the number of firefighters assigned to the duty of EMT.
SECTION 3. EDUCATION
A. Firefighter(s) assigned to the duty of EMT shall be required to complete or have satisfactorily completed the courses, seminars, and/or any other education training-type events mandated by competent authority of the Township, County of Union, State of New Jersey, or Federal Government required to establish, continue and update technical knowledge and administrative competency to administer, implement and assist in the administration of emergency medical assistance, and other such appropriate duties and functions as may be required. Said courses, seminars and/or other education training-type events shall be credited Merit Incentive Program points. Firefighter(s) presently assigned the duty of EMT must matriculate and satisfactorily complete the required courses, seminars and/or other education training-type events at the earliest possible time in order to receive the necessary certification.
B. The Township shall assume tuition costs of said required courses, seminars and/or other types of education training-type events and other such costs such as room, board or commercial transportation as the Township may deem reasonable.
C. The Chief of Fire shall have the authority to grant EMT(s), who would ordinarily or normally be assigned to duty, time off to attend required courses, seminars and/or other education training-type events at no loss of regular pay or other contractual benefits providing that the firefighting capabilities of the Fire Department will not be diminished by the absence of the EMT(s), such determination to be made by the Chief of Fire, and is subject to review and approval of the Township Administrator.
D. Each new firefighter hired after January 1, 2002 must obtain EMT certification within the new employee’s probationary period and must maintain a current certification at all times to retain employment with the department.
E. The Chief of Fire shall have sole responsibility for making the determination as to which employees of the department will be assigned as EMT(s).
F. The Chief of Fire and the Township Administrator shall have responsibility for jointly determining the number of EMTs to be assigned at the fire department.
G. Each fire department employee maintaining EMT certification shall receive an annual stipend of $1,000.00, if assigned by the Chief of Fire in accordance with the provisions of subsection E of this section.
H. All EMTs shall be inoculated against Hepatitis B at the Township's expense, prior to beginning of assignment. While in the performance of assigned duties, should any EMT have reason to believe the he/she has come in contact with a person who has a communicable disease, EMT may request that the Township of Cranford assist in determining whether or not exposure has occurred. If it is determined that exposure has occurred, or should it not be determined but still suspected, EMT may request medical monitoring. Said monitoring costs shall be borne by the Township.ARTICLE 26
FIRE MECHANIC SECTION 1. DEFINITION
A Firefighter assigned to mechanically maintain, repair and keep running the Township's Department of Fire apparatus such as pumpers, aerial trucks, four wheel drive vehicles, rescue truck and other vehicles, is required to train, prepare, be schooled and perform in a manner that fulfills the standards and requirements that are or may be established from time to time by the Township, county, state or federal governments.
SECTION 2. ASSIGNMENT
The Chief of Fire has the sole and exclusive responsibility for the assignment, continuation of assignment, and reassignment of Firefighter(s) to the duty of Mechanic and shall be responsible for determining and setting the selection criteria for assignment to the duty of Mechanic, subject to the review and approval of the Township Administrator. Assignment to, continuation in, and reassignment of a Firefighter(s) to the duty of Mechanic shall be made by and at the discretion of the Chief of Fire or his designated representative(s), subject to policies established by the Township Committee. The Township Committee shall have the sole and exclusive responsibility for determining the number of Firefighters assigned to the duty of Mechanic.
SECTION 3. EDUCATION
A. Firefighter(s) assigned the duty of Mechanic shall be required to matriculate and satisfactorily complete the courses, seminars, or any other education training-type events mandated by competent authority of the Township, county, state or federal governments required to establish, continue and update technical knowledge and workmanlike competency to repair, maintain and keep running all Township Department of Fire apparatus at the highest peak of performance possible. Said required courses, seminars, or other education training-type events shall be credited towards the Merit Incentive program points and failure to complete said required courses, etc. can be grounds for discontinuing assignment as Mechanic. Firefighter(s) presently assigned the duty of Mechanic must matriculate and satisfactorily complete the required courses, seminars, or any other educational training-type events recommended by the Chief of Fire and approved by the Township Administrator.
B. The Township shall assume tuition costs of said required courses, seminars, or other educational training-type events and such other costs such as room, board, or commercial transportation as the Township deems reasonable.
C. The Chief of Fire shall have authority to grant to Mechanic(s) who would normally be assigned to duty, time off to attend said required courses, seminars, or other educational training-type events at no loss in regular straight-time pay providing that the fire fighting capability of the Department will not be diminished by the absence of the Mechanic(s), such determination to be made by the Chief of Fire and subject to the review and approval of the Township Administrator.
SECTION 4. INCREMENTAL INCREASE ELIGIBILITY
A. Firefighter assigned to the duty of Mechanic on or before December 31, 1986 shall have served a minimum of at least six (6) months of continuous service as a Mechanic before being eligible for the first incremental increase; a minimum of eighteen (18) months of continuous service as a Mechanic before being eligible for the second incremental increase; and a minimum of thirty (30) months of continuous service as a Mechanic before being eligible for the third incremental increase.
B. A Firefighter assigned to the duty of Mechanic on or after January 1, 1987 shall, upon assignment, be eligible for the first incremental increase; shall have served a minimum of twelve (12) months of continuous service as a Mechanic before being eligible for the second incremental increase; and shall have served a minimum of twenty-four (24) months of continuous
--
service as a Mechanic before being eligible for the third incremental increase.
C. A Firefighter in order to be eligible for the incremental increase of a Mechanic must be assigned and actively and regularly working as a Mechanic.
D. If a Firefighter's assignment to the duty of Mechanic is discontinued and is later reassigned to the duty of Mechanic, the minimum time requirements set forth in subsection A. of this Section shall apply as though the Firefighter was being assigned the duty of Mechanic for the first time except that in the event the Firefighter is reassigned as a Mechanic within one (1) year of the date that his assignment as Mechanic was discontinued the Firefighter shall receive the incremental level in effect at the time of the discontinuance of his assignment as Mechanic.
E. 1. The Chief of Fire shall be responsible for ensuring that performance evaluations of the Firefighter as Mechanic are conducted and the Chief of Fire shall recommend to the Township Administrator, in writing, that the Firefighter is to be paid the next higher incremental increase.
E. 2. Employee's performance as a Mechanic shall be reviewed and evaluated in accordance with current procedures every six (6) months. Employee will continue at his then current incremental level automatically unless the Chief of Fire recommends to the Township Administrator, in writing, to change Employee's status to the next incremental level. Chief of Fire must make a recommendation at the end of eighteen (18) month period to recommend changing Employee's Mechanic incremental level or reassigning Employee to Firefighter status.
SECTION 5. SELECTION AND REASSIGNMENT
A. The Chief of Fire shall be responsible for establishing selection criteria and selecting Employee for assignment to the duty of Mechanic.
B. The Chief of Fire shall conduct an informal discussion-type interview with Employee prior to Employee's selection for assignment to duty of Mechanic, reassignment to duty of Mechanic, or reassignment to Firefighter status. Department Manager shall reduce to writing reasons for reassignment of Employee from duty of Mechanic to Firefighter, Fire Inspector and Fire Mechanic.
C. The Township shall develop position descriptions for the position of Firefighter, Fire Inspector and Fire Mechanic.
SECTION 6. INCREMENT INCREASE COMPUTATION
The annual salary of an Employee assigned the duty of mechanic shall be the salary as shown in Schedule "C" as hereinafter attached to the Agreement plus an additional annual increment as also shown in Schedule "C", said annual incremental increase to be included in bi-weekly pay and in base pay for computing pension benefits, Holiday pay, Vacation pay and Terminal Leave pay but to be excluded from base pay in computing overtime premium hourly rate and such other computations as the base salary is or may be used, except that additional annual increment for assignment as Fire Mechanic will be included in the overtime premium hourly rate at such times as Fire Mechanic is held over or recalled to work overtime to perform Fire Mechanic duties specifically.
SECTION 7.
An Employee shall not be assigned or hold the assignment of Fire Inspector and Mechanic concurrently.
ARTICLE 27
LEAVE OF ABSENCE SECTION 1. DEFINITION
A Leave of Absence is the absence from duty of an Employee for more than five (5) working days with the permission of the Township Committee for reasons other than Sick Leave or Vacation Leave. Such permission shall be in writing, copies of which shall be forwarded to the appropriate individuals.
SECTION 2. LEAVE OF ABSENCE WITHOUT PAY
A. A Leave of Absence Without Pay may be granted by the Township Committee for a period not exceeding one (1) year to an Employee:
1. Who is temporarily or physically incapacitated and unable to perform duties, or
2. To attend an approved school or to engage in an approved course of study designed to increase usefulness on the return to service, provided such school or course receives prior approval of the Township Committee; or
3. In time of emergency or preparation for national defense, whose special qualifications are required, in industry or other business devoted to the production of supplies for defense purposes, but only when the need for such services is certified by competent federal authority and approved by the Township Committee.
B. Leave of Absence will not be granted to Employees to enter non-military service or as a matter of convenience or temporary advantage to such Employee by reason of place or hours of work or increased compensation.
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C. Leave of Absence requested due to illness must be accompanied by a medical doctor's certificate stating the Employee is unable to work and the reason therefor.
SECTION 3. LEAVE OF ABSENCE ADMINISTRATION
A. Leave of Absence requests shall be submitted in writing to the Township Committee stating:
1. Reason for Leave of Absence;
2. Date Leave of Absence is to begin; and
3. Date Leave of Absence is to end.
B. Leave of Absence may not commence or end on the day preceding or following Vacation Leave.
C. An Employee who obtains a Leave of Absence for a reason other than the one stated at the time the request was made may be terminated from his employment without recourse to the Grievance procedure over such termination.
D. An Employee may not return to work prior to expiration of requested Leave of Absence without the express prior approval of the Township Committee.
E. An Employee failing to return to work on the date scheduled shall be cause for termination of employment at the sole discretion of the Township without recourse to the Grievance procedure over such termination.
F. Time absent from duty by an Employee on a Leave of Absence Without Pay shall not be considered as continuous service.
G. Upon return of an Employee from Leave of Absence Without Pay, Employee shall be re-employed at work generally similar to that which Employee did last and at the prevailing rate of pay for that job, if available.
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SECTION 4.
Leave of Absence Without Pay shall become effective only after approval by the Township Committee.
SECTION 5.
Any Employee leaving his position without written authorization from the Township Committee will be deemed to have abandoned his position and to have resigned from the employment of the Township without recourse to the Grievance procedure over such termination.
ARTICLE 28
ADMINISTRATIVE LEAVE SECTION 1. DEFINITION
A regular, full-time, permanent Employee in full-pay status actively at work performing assigned duties shall be entitled to four (4) work days of Administrative Leave of Absence with pay in each calendar year. Administrative Leave may be used for:
A. Emergencies;
B. Observation of religious or other days of celebration but not holidays;
C. Personal business; or
D. Other personal affairs.
SECTION 2. PRIORITY
Priority in granting an Administrative Leave request shall be:
A. Emergencies;
B. Observation of religious or other days of celebration but not holidays;
C. Personal business; and
D. Other personal affairs.
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SECTION 3. ADMINISTRATION
A. Administrative Leave shall be granted by the Chief of Fire upon request of the Employee provided that:
1. Request is in writing;
2. Request is submitted at least five (5) working days in advance of the day Administrative Leave is to be taken.
3. Such Administrative Leave shall impose no additional cost to the Township;
4. Efficiency of the Department of Fire will not be impaired or diminished or cause a serious manpower shortage, such determination to be made by the Chief of Fire.
In cases of emergency, five (5) working days notice may be waived by the Chief of Fire.
B. Policies concerning Administrative Leave shall be agreed upon by the Chief of Fire and the F.M.B.A. with concurrence of the Township Administrator.
C. Where, within the Department of Fire, there are more requests than can be granted for use of this Leave for one of the purposes stated hereinabove, the conflict will then be resolved on a first-come, first-served basis, (i.e., the time and date of filing of request).
D. An Employee, once request for an Administrative Leave day has been approved, shall not be required to cancel or reschedule except as provided in the Department's rules and regulations.
SECTION 4.
Administrative Leave may not run consecutively with Employee's Holiday, Sick or Vacation Leave.
ARTICLE 29
BEREAVEMENT LEAVE SECTION 1. BEREAVEMENT LEAVE
Bereavement Leave with pay, not exceeding three (3) days shall be granted by the Chief of Fire to a regular, full-time, permanent Employee in the event of a death in the immediate family from the day of death to and including day of funeral, provided Employee attends funeral.
SECTION 2. IMMEDIATE FAMILY
Immediate family shall consist of father, mother, sister, brother, spouse, child or the parents of spouse of one marriage.
SECTION 3. ADDITIONAL BEREAVEMENT LEAVE
A regular, full-time, permanent Employee shall be granted by the Chief of Fire one (1) day of Bereavement Leave to attend the funeral of grandparents, and grandparents of spouse of one marriage.
SECTION 4. ADDITIONAL TIME
The Chief of Fire shall have authority to grant a regular full-time, permanent Employee permission not to return to duty until his next regular tour of duty after the funeral in the event of death of members of his immediate family.
SECTION 5. NOTIFICATION
All Bereavement Leave shall be authorized by the reported to the Chief of Fire who shall in turn report such absence to the Township Administrator and Director of Finance.
SECTION 6. SPECIAL CIRCUMSTANCES
Under special circumstances a Chief of Fire, where he deems fit and proper, may grant additional time off with pay for attending funeral services only for person other than in the immediate family of the Employee without recourse to Grievance procedure over such denial.
ARTICLE 30
DISABILITY LEAVE SECTION 1. DEFINITION
Disability Leave shall mean the absence from duty of a regular, full-time, permanent Employee in full-pay status actively at work performing assigned duties because of illness or injury as a result of and arising from employment with the Township.
SECTION 2. DISABILITY LEAVE DAYS
Whenever such an Employee is disabled through injury or illness as a result of and arising from employment with the Township as evidenced by a certificate of a physician and by qualification for Workers' Compensation, such Employee may be granted a Leave of Absence by the Township Committee with full pay:
Two (2) calendar weeks for each year of service, not to exceed fifty-two (52) weeks.
In the event an Employee is seriously injured on the job in the line of duty, the Township Committee may waive the years of service eligibility requirements.
SECTION 3. DISABILITY BENEFITS ASSIGNMENT
During the period in which the full salary or wages of any Employee on Disability Leave is paid by the Township, any weekly compensation payments received by the Employee under the Township
Workers' Compensation policy, or social security disability benefits, or any other disability benefits provided by a program paid for by the Township shall be assigned to the Township.
SECTION 4.
Days lost through compensable disability shall not be charged against Sick Leave allowance.
SECTION 5. LUMP SUM AWARDS
Lump sum compensation awards for permanent disability shall not be deducted from the salary paid by the Township.
SECTION 6. BOARD OF PHYSICIANS
The Township also reserves the right to appoint a physician or Board of Physicians for the purpose of independent determination in cases of repeated disability absences or protracted periods of disability illness, or other justifiable reasons as to whether an Employee is physically able to return to work or is physically able to carry out his duties and remain on the workforce.
ARTICLE 31
HOLIDAY LEAVE SECTION 1.
Each regular, full-time, permanent Employee in full-pay status actively at work performing assigned duties shall earn and accrue a maximum of twelve (12) holidays each calendar year at the rate of one (1) holiday per calendar month.
SECTION 2.
The following days only shall be recognized as paid holidays for purposes of this Agreement for regular, full-time Employees:
New Year's Day Labor Day
Lincoln's Birthday Columbus Day
Washington's Birthday Election Day
Good Friday Veteran's Day
Memorial Day Thanksgiving Day
Independence Day Christmas Day
SECTION 3.
An Employee may elect to be paid at his regular daily rate of compensation or elect time off in lieu of pay ("H" day) for any or all of the twelve (12) said paid Holidays from said list of legal Holidays with the prior consent of the Chief of Fire and Township Administrator provided Employee advises the Chief of Fire and Department of Finance of such selection no later than November 1st of the year preceding the calendar year in which Holidays occur.
SECTION 4.
An Employee electing time off in lieu of pay may, upon written request and approval of Chief of Fire, take during the current calendar year any or all of the Holiday Leave to be earned and accrued during said calendar year provided said Employee reimburses Township for any unearned Holiday Leave taken in advance in the event Employee's employment terminates prior to date necessary to earn the Holiday Leave advanced to said Employee.
SECTION 5.
An Employee will be paid for all unused Holidays ("H" days) in the first scheduled pay in December for the current calendar year at the daily current rate of compensation "H" day was earned and accrued in addition to Employee's regular per annum salary upon verification and approval of the Chief of Fire.
SECTION 6.
Employees agree that compensatory time off ("H" day) in lieu of a paid Holiday will not be requested if such request requires the calling in or holding over of an off-duty Employee or diminishes the effectiveness of the Department of Fire.
ARTICLE 32
MILITARY LEAVE SECTION 1.
A regular, full-time, permanent Employee who voluntarily enlists in the United States Armed Forces and who serves for not more than the period of such initial enlistment or for an additional period enlistment, the total of which shall not exceed four (4) years shall be entitled to re-employment benefits in accordance with the conditions specified in the Veteran's Re-Employment Rights law, Military Selective Service Act, or such other applicable federal laws, provided Employee makes application for reemployment within ninety (90) calendar days from date of discharge from Military Service.
SECTION 2.
A regular, full-time, permanent Employee who chooses work in the United States Armed Forces on a career basis, and who is not otherwise compelled to enlist or remain in the service, will not be given a Military Leave of Absence with accompanying rights to reemployment.
SECTION 3.
A regular, full-time, permanent Employee who enters service in the United States Armed Forces will be given a Military Leave of Absence without pay and accumulate seniority during such Leave, provided Employee quit his job for the sole purpose of enlisting in the United States Armed Forces and not for finding suitable employment elsewhere.
SECTION 4.
A regular, full-time, permanent Employee on the seniority list inducted or recalled into the United States Armed Forces within the meaning of the Military Selective Service Act, or similar law in time of National Emergency, shall be granted an indefinite Military Leave of Absence without pay, shall accumulate seniority during such period and such other rights as may be afforded Employee under the Veteran's Re-Employment Rights Law, or such other applicable federal laws and shall be entitled re-employment within ninety (90) calendar days from date of discharge from Military Service, and in cases of reservists who serve on active duty six (6) months or less, application for re-employment shall be made within thirty-one (31) calendar days from date of discharge.
SECTION 5.
A. A regular, full-time, permanent Employee who is an enlistee, reservist or guardsman receiving a discharge or release that is "honorable", "general" or "under honorable" will be considered satisfactorily discharged.
B. Service leading to a discharge or release that is "other than honorable", "undesirable", "bad conduct" or "dishonorable" does not meet the statutory standard and will result in the veteran
forfeiting re-employment rights.
SECTION 6.
If a regular, full-time, permanent Employee is rejected for service in the United States Armed Forces due to failure to meet physical
or mental requirements, the Employee must report back to work the first business day after Employee returns from the induction center. However, if extenuating circumstances can be shown for a delay in reporting back, a greater period may be allowed.
SECTION 7.
A. When a returning veteran applies for re-employment within the Bargaining Unit and is incapacitated to the extent that Employee cannot perform his former assignment or similar work in the opinion of the Township physician or Board of Physicians, the Township will make every effort to provide a job within the Bargaining Unit compatible with the Employee's capacity.
B. If there is no work within the Bargaining Unit for the disabled veteran, Employee's name shall be placed on a reserve list and Employee shall be recalled when such work within the Township government that the Employee can handle becomes available.
SECTION 8.
A. Upon proper application to his Chief of Fire, a regular, full-time, permanent Employee in full-pay status performing assigned duties who is a member of the organized militia of the Army, Navy, Air Force, Marines or National Guard may be granted fifteen (15) calendar days of leave each year to perform Annual Active duty for Training, or seventeen (17) calendar days if such Employee is assigned to Advanced Party Duty. Such compensation paid by the Township for this period shall be the difference between the base pay for Military Duty and the Employee's regular straight-time rate of pay. Township may request and receive proof of required service and of pay received by such Employee.
B. A reservist may, at his option, use this period or part of it for his vacation and shall receive vacation pay for time so spent.
SECTION 9.
A. All returning veterans shall undergo a physical by the Township physician or designated Board of Physicians and provide copies of medical service records, if requested before re-employment.
B. This Article is to be construed that it is not the intent of the parties hereto to require the Township to provide any right or assume any duties or obligations, monetary or otherwise, other than rights, duties and obligations specifically set forth in the Veteran's Re-Employment Rights Law or other applicable federal laws.
ARTICLE 33
PERSONAL LEAVE DELETED IN ITS ENTIRETY - REPLACED BY ARTICLE 22A
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ARTICLE 34
SICK LEAVE SECTION 1. DEFINITION
Sick Leave shall mean the absence from duty of a regular, full-time, permanent Employee in full-pay status actively at work performing assigned duties because of illness, accident, or other health cause making Employee unable to perform his normal duties.
SECTION 2. SICK LEAVE DAYS
A. All regular, full-time, permanent Employees shall earn and accrue one (1.0) day of Sick Leave With Pay for each full calendar month of employment for a maximum of twelve (12.0) days of Sick Leave With Pay per annum. Each Employee shall be permitted to accrue an unlimited amount of Sick Leave with Pay during the tenure of Employee's employment.
B. Daily rate of pay is computed by totaling the Annual Base Salary, Merit Incentive Program Pay and Fire Inspector, Fire Mechanic or Emergency Medical Technician Increment, if any, dividing the sum by twenty six (26) and dividing again by ten (10).
C. For purposes of calculating the Additional Terminal Leave for accumulated unused Sick Leave in hours, each day of unused Sick Leave day is multiplied by twelve (12) hours for a maximum of ninety-one (91) days times twelve (12) hours for one thousand ninety-two (1,092) hours.
SECTION 3. CERTIFICATION
The Chief of Fire shall have the authority to request a doctor’s certificate of illness with respect to the trial period twenty-four hour work shift set forth herein, as specifically described in Schedule D attached hereto. For any employee illness not subject to the certification provisions referenced above, every absence on account of sickness of three (3) or more working days must be certified by a written statement from an attending physician, unless not requested by the Chief of Fire, subject to the provisions of Section 4 below.
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SECTION 4. VERIFICATION
The Chief of Fire reserves the right to require a doctor's certificate at any time, whenever it appears warranted, or send a physician or visiting nurse to report on the condition of the Employee or order the Employee to a physician of Township's choice to report on the condition of the Employee at Township expense. An Employee absent from work utilizing a day of Sick Leave with Pay must be home during the hours scheduled to work for which Employee is being paid and reported off sick except to go to the physician's office.
SECTION 5. BOARD OF PHYSICIANS
The Township also reserves the right to appoint a physician or Board of Physicians for the purpose or independent determination in cases of repeated absences or protracted periods of illness, or other justifiable reasons as to whether an Employee is physically able to carry out his duties and remain on the workforce at Township expense.
SECTION 6. SICK LEAVE DISALLOWED
Sick Leave With Pay will not be allowed under the following conditions:
A. If an Employee, when under medical care, fails to comply with the orders of the attending physician;
B. If the opinion of the examining physician retained under Township authorization discloses the Employee's illness is willfully self-imposed.
C. If the opinion of the examining physician retained under Township authorization discloses the illness is not of sufficient severity to justify the Employee's absence from duty.
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D. If the Employee is unable to perform his duties because of illness, accident or other health causes resulting from employment other than with the Township.
E. Malingering.
SECTION 7. ADDITIONAL SICK LEAVE
In unusual cases of prolonged illness, the Township Committee may, by resolution, grant Sick Leave a one-half (½) rate of pay to an Employee over the time allowed and available for use in Section 2. hereinbefore set forth in this Article to a maximum of twenty-six (26) additional weeks, such pay to be reduced by any social security disability benefits received or any other disability benefits received which are provided by a program paid for by the Township.
SECTION 8. NOTIFICATION
All Sick Leave shall be reported to the Chief of Fire on a form prescribed by the Township who shall in turn report in writing such absences to the Township Administrator and the Director of Finance.
SECTION 9. COMPLIANCE
Failure of Employee to comply with any or all of the provisions of this Article or other administrative procedures can result in loss of pay for days claimed and reported as Sick Leave for bonafide illness.
SECTION 10. ADVANCING OF SICK LEAVE
A regular, full-time, permanent Employee in full-pay status may, upon written request and recommendation of the Chief of Fire and approval of Township Administrator, request an advance on Sick Leave to be earned of up to twelve (12) days of Sick Leave, provided said Employee reimburses Township for any unearned Sick Leave advanced in the event Employee's employment terminated prior to date necessary to earn the Sick Leave advanced to said Employee. An Employee denied approval of an advanced Sick Leave may request a review of the Township Administrator's decision by the Township Committee. Denial of approval by the Township Committee of such request shall not be the basis of a grievance.
ARTICLE 35
SPECIAL LEAVE An Employee may be rendered Special Leave with pay (exchange days of work) for any working days for which Employee is able to secure another Employee to work in his place subject to the approval of the Chief of Fire or his designee provided:
A. Such substitution does not impose any additional cost of Township;
B. Such substitution shall be of equal rank (Firefighter for Firefighter) only;
C. The efficiency of the Department is not diminished.
ARTICLE 36
TERMINAL LEAVE PAY SECTION 1. REGULAR TERMINAL LEAVE PAY
Each regular, full-time, permanent Employee in full-pay status and actively at work performing assigned duties having: (1) accrued twenty-five (25) or more years of creditable service as a "Sworn Uniform Firefighter and/or Fire Officer"; (2) become eligible in
all respects for pension benefits in accordance with the rules and regulations of the Bureau of Police and Fire Pensions, Division of Pensions, New Jersey Department of the Treasury; (3) retired; and (4) been awarded a pension shall be entitled to Terminal Leave at the rate of two (2) days pay at the then current daily rate of pay for each complete year of creditable service with the Township's Department of Fire up to a maximum service credit time of thirty (30) years. No additional Terminal Leave credit shall be earned for any service time beyond thirty (30) years.
SECTION 2. ADDITIONAL TERMINAL LEAVE
Each regular, full-time, permanent Employee fulfilling the eligibility requirements hereinabove set forth in Section 1. of this Article and credited with unused accumulated Sick Leave as defined in the Sick Leave Article of this Agreement shall be entitled to add eight and four tenths (8.4) hours of unused accumulated Sick Leave for each thirty three and six tenths (33.6) hours of unused accumulated Sick Leave days to his Terminal Leave. However, no Employee covered under this Agreement shall be entitled to apply more than two hundred seventy three (273.0) hours of unused accumulated Sick Leave days to his Terminal Leave Pay.
SECTION 3. TERMINAL LEAVE FOR ACCIDENTAL DISABILITY PENSION
Each regular, full-time, permanent Employee in full-pay status whose employment terminates and is awarded an Accidental Disability Pension by the Bureau of Police and Fire Pensions, Division of Pensions, New Jersey Department of the Treasury, shall be entitled to two (2) days of Terminal Leave for each complete year of creditable service with the Township's Department of Fire at the then current daily rate of pay.
SECTION 4. TERMINAL LEAVE FOR ORDINARY DISABILITY PENSION
Each regular, full-time, permanent Employee in full-pay status whose employment terminates after fifteen (15) years but less than twenty-five (25) years of creditable years of regular, full-time, permanent employment as a "Sworn Uniform Firefighter and/or Fire Officer" and is awarded an Ordinary Disability Pension by the Bureau of Police and Fire Pensions, Division of Pensions, New Jersey Department of the Treasury shall be entitled to two (2) days of Terminal Leave for each complete year of creditable service with the Township's Department of Fire at the then current daily rate of pay.
SECTION 5. TERMINAL LEAVE FOR DEFERRED PENSION
Each regular, full-time, permanent Employee in full-pay status whose employment terminates after fifteen (15) years but less than twenty-five (25) years of creditable years of regular, full-time, permanent employment as a "Sworn Uniform Firefighter and/or Fire Officer" is eligible in all respects to a Deferred Pension benefit as defined by the New Jersey Department of Treasury, retires, and is awarded a Deferred Pension, shall be entitled to two (2) days of Terminal Leave for each year of creditable service with the Township's Department of Fire at the then current daily rate of pay.
SECTION 6.
Any regular Terminal Leave, additional Terminal Leave, Administrative (Personal) Leave, Holiday Leave and Vacation Leave paid upon Employee's termination shall be based on the daily rate of pay in effect upon termination. Daily Rate of Pay shall be computed by totaling the Annual Base Salary, Merit Incentive Program Pay and Fire Inspector, Fire Mechanic or Emergency Medical Technician Increment, if any, and dividing that by twenty six (26) and dividing again by ten (10).
SECTION 7.
Employees who complete their twenty-fifth (25th) year of creditable service time within the New Jersey Police and Fire Retirement System (P.F.R.S.), shall be entitled to receive, in lieu of all Terminal Leave provisions herein above contained, two hundred (200) days pay at the Employee's current per diem rate as Terminal Leave. However, in order to qualify for said benefit, Employee must physically retire no more than one hundred eighty (180) days beyond the completion of Employee's twenty-fifth (25th) year of service within the P.F.R.S., regardless of Employee's years of service with the Township. Any Employee who does not meet this stipulation shall, as of the one hundred eighty-first (181st) day beyond Employee's twenty-fifth (25th) year, only be entitled to Terminal Leave benefits as outlined in Sections 1 through 6 above.
ARTICLE 37
VACATION LEAVE SECTION 1.
Each Employee in full-pay status actively performing assigned duties shall be granted Vacation Leave With Pay in accordance with the following schedule beginning with calendar year 1987:
Amount of Service Amount of Vacation Leave
After completing 1 year Eight ( 8) work days
After completing 7 years Twelve (12) work days
After completing 15 years Sixteen (16) work days
After completing 22 years Twenty (20) work days
SECTION 2.
A. Vacation Leave With Pay cannot be taken for the first time until after the first anniversary date of employment following date of hire.
B. Vacation leave With Pay cannot be taken for the second time until after the second anniversary date of employment following date of hire.
C. An Employee in order to be eligible for Vacation Leave With Pay must be a regular, full-time, permanent Employee in full-pay status actively performing assigned duties, completed years of service must be continuous and creditable and the number of years of continuous service shall be determined as of the date of employment of each year.
SECTION 3. WORKING DAY DEFINITION
Working days shall mean both day and night shifts. Working days for the purpose of computing length of Vacation shall be based on the forty-two (42) hour average work week in an eight (8) week cycle as described in "Hours of Employment" Article of this Agreement. For those Employees working a schedule other than that described above, they shall have their Vacation computed as if they were working above said schedule.
SECTION 4. CARRY-OVER VACATION
An Employee may carry over not more than four (4) working days of Vacation from one calendar year to the next calendar year subject to the approval of the Chief of Fire and the Township Committee without recourse to Grievance Procedure over such denial.
SECTION 5. SPLIT VACATION
A. An Employee may request a "Split" Vacation subject to the approval of the Chief of Fire and Township Administrator. An Employee can request no more than eight (8) consecutive working days of Vacation during the months of June, July and August. An Employee can request and take any combination of consecutive working days of Vacation during the months of January, February, March, April, May, September, October, November or December.
B. An Employee may request a "Split" Vacation for months other than June, July and August, subject to the approval of the Chief of Fire and Township Administrator without recourse to the Grievance Procedure over such denial.
SECTION 6. INJURY OR ILLNESS
In the event the Employee incurs an injury or is ill for four (4) consecutive working days or more, or is confined to a hospital immediately prior to his scheduled Vacation, such Vacation shall be rescheduled. The rescheduling shall take place with the approval of the Chief of Fire and, if possible, without the rescheduling of other personnel and provided that there is no interference with the operation of the Township.
SECTION 7. SCHEDULING
Vacations must be taken between January 1st and December 31st. All Vacations are to be scheduled subject to the approval of the Chief of Fire and Vacation schedule requests are to be submitted no later than March 1st. Seniority of the members of the Bargaining Unit within the platoon shall be the basis for determining preference of Vacation.
SECTION 8. NOTIFICATION
All Vacation Leave shall be reported by the Employee to the Chief of Fire on a form prescribed by the Township. He shall in turn report in writing, such absences to the Township Administrator and Director of Finance.
ARTICLE 38
ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE SECTION 1.
The Township shall provide to each regular, full-time, permanent Employee a Group Term Life and Accidental Death and Dismemberment Insurance Policy with double-indemnity in the face amount of ten thousand dollars ($10,000.00).
SECTION 2.
The Township shall provide to an Employee who terminates on or after January 1, 1976 on a service-connected disability pension or on a full retirement pension a Group Term Life Insurance Policy in the face amount of three thousand dollars ($3,000.00).
SECTION 3.
A. Any Employee terminating on a service-connected disability pension or a full retirement pension on or after October 1, 1978 shall:
1. Automatically enroll for a Group Term Life Insurance Policy in the face amount of seven thousand dollars ($7,000.00) in addition to the Township provided Group Term Life Insurance Policy in the face amount of three thousand dollars ($3,000.00).
2. Pay over to the Township Treasurer prior to the first day of retirement, either by cash or check, an amount equal to seven (7) times the current premium rate per one thousand dollars ($1,000.00) of coverage for each full calendar month in retirement status beginning with the first month of retirement through December 31, 1980 and then annually thereafter payable in the month of December.
3. Pay over to the Township Treasurer within thirty (30) days of the date of invoice any increase in the premium rate per one thousand dollars ($1,000.00) of coverage.
B. Any Retiree failing to remit in a timely manner the annual renewal premium shall automatically cancel the ten thousand dollar ($10,000.00) Group Term Life Insurance Policy and shall forfeit all rights to same.
C. The Township shall be responsible for maintaining an accounting of the paid over premiums and paying the insurance carrier in a timely manner.
SECTION 4.
The Township reserves the right to change insurance carriers and/or insurance plans so long as substantially similar or greater benefits are provided.
ARTICLE 39
DENTAL INSURANCE SECTION 1.
The Township shall provide to each regular, full-time, permanent Employee and the dependents of the immediate family a 50/50 Co-pay Basic, Prosthodontic and Orthodontic Benefits Plan with a maximum of one thousand dollars ($1,000.00) per eligible patient per calendar year for Basic and Prosthodontic Benefits and a lifetime maximum of five hundred dollars ($500.00) per patient for Orthodontic Benefits or, Employee may opt to enroll for Employee and dependents of immediate family in Dental Insurance carrier's Flagship Alternate Program IV, Cap Plan D, subject to carrier's enrollment requirements.
SECTION 2.
The Township reserves the right to change insurance carriers and/or insurance plans so long as substantially similar or greater benefits are provided.
ARTICLE 40
HEALTH INSURANCE SECTION 1.
The Township shall provide to each regular, full-time, permanent Employee and the dependents of the immediate family a Group Hospitalization, Medical-Surgical and Major Medical Insurance Plan.
SECTION 2.
The Township reserves the right to change insurance carriers and/or insurance plans so long as substantially similar or greater benefits are provided.
ARTICLE 41
PRESCRIPTION INSURANCE SECTION 1.
The Township shall provide to each regular, full-time, permanent Employee and the dependents of the immediate family a five dollar ($5.00) generic/ ten dollar ($10.00) brand Co-pay/No Contraceptive Prescription Plan. Employees and/or dependents taking prescription drugs for a long term, on-going medical condition must obtain this maintenance medication through a mail service program with Prescription Drug Service, Inc., a subsidiary of our prescription drug carrier. The co-pay applies to each time you purchase a supply of drugs through the mail service program.
SECTION 2.
The Township reserves the right to change insurance carriers and/or insurance plans so long as substantially similar or greater benefits are provided.
ARTICLE 42
RETIREE MEDICAL BENEFITS SECTION 1.
Each regular, full-time, permanent Employee in full-pay status actively at work performing assigned duties having: (1) accrued twenty-five (25) or more years of creditable service as a "Sworn Uniform Firefighter and/or Fire Officer"; (2) become eligible in all respects for pension benefits in accordance with the rules and regulations of the Bureau of Police and Fire Pensions, Division of Pensions, New Jersey Department of the Treasury; (3) retire; and (4) been awarded a pension shall be entitled to medical benefits while in retired status as set forth in this Article.
SECTION 2. FOR EMPLOYEES RETIRING AFTER JANUARY 1, 1978
A. Hospitalization Insurance
The Township shall contribute towards a Group Hospitalization, Medical-Surgical and Major Medical Insurance Plan three percent (3%) of the monthly premium for each complete year of service with the Township's Department of Fire for each Employee who retires on or after January 1, 1978 in a manner hereinabove set forth in Section 1. of this Article and the immediate dependents at time of retirement.
B. Dental Insurance
The Township shall contribute towards a Group Dental Insurance Plan three percent (3%) of the monthly premium for each complete year of service with the Township's Department of Fire for each Employee who retires on or after January 1, 1978 in a manner hereinabove set forth in Section 1. of this Article and the immediate dependents at time of retirement.
C. In the event Retiree precedes spouse in death and spouse has not
remarried, the spouse and immediate dependents may continue to participate in the aforesaid Township contracted Group Insurance Plan(s) under the same arrangements as set forth in Sections 3.A., B. and C., but spouse ceases to be eligible to participate the month spouse celebrates sixty-fifth (65th) birthday.
D. In the event Retiree or spouse is eligible to participate in Hospitalization Service Plan, Medical-Surgical Plan, Major Medical Plan and/or a Dental Plan through a place of employment, the Township shall have the option to terminate eligibility to participate in the aforesaid Township contracted plans.
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E. In the event Retiree or spouse fails to remit his or her premium cash match to the Township's contribution, the Township shall have the option to terminate eligibility to participate in the aforesaid Township Group Insurance Policy.
F. The Township reserves the right to subscribe to and enter Retiree into a Community Direct Pay Program in lieu of Retiree being enrolled in Township Experience Rated Program.
G. An Employee retiring on or after January 1, 1978 shall have the option to participate in the Township's Prescription Plan at Retiree's expense. The Township reserves the right to bill for reimbursement in the succeeding year of up to twenty-five percent (25%) of premium plus the current year's premium whenever the total claims of the prior year exceed the annual premium of prior year by up to twenty-five percent (25%). For example: annual premium for year X is $100.00; total claims for year X total $119.00; and annual premium for year Y is $125.00. Retiree in year Y would be billed $125.00 for current year plus $19.00 ($119.00 divided by 100 = 119% x $100.00 = $119.00 - $100.00 = $19.00) for year X's utilization in excess of premium.
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ARTICLE 43
DEATH BENEFITS SECTION 1.
Any regular, full-time, permanent Employee who dies while in the employ of the Township, then and in that event, their beneficiaries will receive payment for the following benefits earned and accrued by the deceased Employee:
A. Accrued Sick Leave;
B. Accrued Vacation Leave;
C. Accrued Holiday Leave;
D. Accrued overtime house for which compensation has not been received;
D. Accrued Administrative (Personal) Leave; and
E. Such other benefits as may have been accrued under the terms of this Agreement.
SECTION 2.
A. In the event of the death of a regular, full-time, permanent Employee covered under this Agreement who dies while in the line of duty, the surviving spouse shall receive at Township expense the then current Dental, Hospitalization and Prescription Plan benefits until the surviving spouse's remarriage; surviving spouse's death; or in the event of the unmarried spouse's death until youngest surviving child reaches the year of the nineteenth (19th) birthday, whichever shall first occur, but in any event benefits will terminate the month spouse celebrates sixty-fifth (65th) birthday.
B. The surviving spouse shall be obligated to complete annually all
Enrollment, Coordination or Benefit, and such other forms as may be required by health plan carriers. Failure to complete forms could result in loss of benefits.
ARTICLE 44
DISABILITY MEDICAL BENEFITS SECTION 1.
Each regular, full-time, permanent Employee in full-pay status and actively at work performing assigned duties shall be eligible for a Group Hospitalization, Medical-Surgical and Major Medical Insurance Policy as a disability medical benefit under the circumstances and conditions outlined in this Article as follows:
A. The Township shall contribute one hundred percent (100%) of the monthly premium for Employee and immediate dependents for each Employee permanently and totally disabled including a cardiovascular, pulmonary, musculo-skeletal or stroke condition as a direct result of a traumatic event occurring during and as a result of the performance of regular or assigned duty, and that such disability was not the result of the Employee's willful negligence and that such Employee is mentally or physically incapacitated for the performance of his usual duty and of any other available duty in the Department that the Township is willing to assign to the Employee, and that such incapacity is likely to be permanent and to such an extent that Employee should be retired.
B. The Township shall contribute seventy-five percent (75%) of the monthly premium for an Employee and immediate dependents for each Employee with five (5) or more years of creditable service as a "Sworn Uniform Firefighter and/or Fire Officer" permanently and totally disabled including a cardiovascular, pulmonary, musculoskeletal, or stroke condition as a direct result of a nontraumatic event occurring during and as a result of the performance of regular or assigned duties, and that such disability was not the result of Employee's willful negligence and that such Employee is mentally or physically incapacitated for the performance of his usual duty and of any other available duty in the Department that the Township is willing to assign an Employee, and that such incapacity is likely to be permanent and to such an extent that Employee should be retired.
C. The Township shall contribute fifty percent (50%) of the monthly premium for each Employee with five (5) or more years of creditable service as a "Sworn Uniform Firefighter and/or Fire Officer" permanently and totally disabled as a result of a non-job related event not occurring during and as a result of the performance of regular or assigned duty, and that such Employee is mentally or physically incapacitated for the performance of his usual duty and of any other available duty in the Department that the Township is willing to assign an Employee, and that such incapacity is likely to be permanent and to such an extent that Employee should be retired.
D. The Township shall contribute twenty-five percent (25%) of the monthly premium for an Employee for each Employee with five (5) or more years of creditable service as a "Sworn Uniform Firefighter and/or Fire Officer" permanently and totally disabled as a direct result of a non-job related event and while
working for someone other than the Township of Cranford, and that such Employee is mentally or physically incapacitated for the performance of his usual duty and of any other available duty in the Department that the Township is willing to assign to Employee, and that such incapacity is likely to be permanent and to such an extent that Employee should be retired.
SECTION 2.
A. An Employee who becomes disabled and files an application for an Accidental or Ordinary Disability Pension to the Bureau of Police and Fire Pensions, Division of Pensions, New Jersey Department of the Treasury, may submit a Letter of Intent to the Township Committee requesting Disability Medical Benefits indicating the Disability Classification being requested and the reasons therefore. Employee must submit any and all medical records requested by the Township Committee.
B. In the event Employee is dissatisfied with the Disability Classification determination by the Township Committee, an Employee may appeal to a Hearing Board appointed by the Township Committee consisting of a member of the Township Committee, a member of the Bargaining Unit and two mutually agreed upon citizens appointed for a three-year term. The Employee must submit, if requested by the Township, to a medical examination and evaluation by a mutually agreed upon physician or Board of Physicians.
C. The findings of the Hearing Board are final and binding and not subject to appeal. Employee must sign a Letter of Acceptance to the findings of the Hearing Board in order to be eligible for the disability medical benefits.
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ARTICLE 45
LEGAL AID SECTION 1.
The Township will provide legal aid to all Employees covered under this Agreement in accordance with N.J.S.A. 40A:14-28, as amended.
ARTICLE 46
MUTUAL AID DISABILITY BENEFITS SECTION 1.
The Township will provide regular, full-time, permanent Employees in full-pay status actively at work performing assigned duties all appropriate benefits when rendering assistance to a neighboring municipality under proper authority in accordance with N.J.S.A. 40A:14-156.1 and N.J.S.A. 40A:14-156.3, as amended.
SECTION 2.
The Township reserves the right to change insurance carriers and/or insurance plans as long as substantially similar or greater benefits are provided.
ARTICLE 47
PRIOR PRACTICES All other rights, benefits and privileges enjoyed by both parties hereto which are not specifically provided for or abridged in this Agreement are hereby protected by this Agreement, including but not limited to any rights, benefits and privileges bestowed on the Employees by the laws of the United States of America, laws of New Jersey, or Township Ordinances of Cranford.
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ARTICLE 48
SEVERABILITY Should any part of this Agreement or any application of this Agreement to any Employee or group of Employees be rendered or declared illegal or invalid by operation of law or by decree of a Court or other established or to be established tribunal of competent jurisdiction, such invalidation shall not affect the remaining portions of this Agreement which shall continue in full force and effect.
ARTICLE 49
FULLY BARGAINED PROVISIONS SECTION 1.
This Agreement represents and incorporates the complete and final understanding and settlement by the parties of all known bargainable issues which were or could have been the subject of negotiations. During the terms of this Agreement, neither party will be required to negotiate with respect to any such matter whether or not covered by this Agreement, and whether or not within the knowledge or contemplation of either or both of the parties at the same time they negotiated or signed this Agreement. The Township, however, reserves the right to reopen the Agreement in the event the United States Congress enacts legislation or the federal judiciary System renders a decision that impacts on the application or operation of this Agreement or the Bargaining Unit in the event the New Jersey Legislature enacts "twenty (20) and out" retirement legislation.
SECTION 2.
This Agreement shall not be modified in whole or in part by the parties except by an instrument in writing executed by both parties.
SECTION 3.
It is further understood that this Agreement has been negotiated in -accordance with the provisions of the New Jersey Employer-Employee Relations Act, as amended.
ARTICLE 50
DURATION This Agreement shall commence as of January 1, 2002 and shall remain in full force and effect up to and including December 31, 2005. This Agreement shall continue in full force and effect from year to year thereafter, unless one party or the other gives notice in writing, no sooner than one hundred thirty-five (135) days nor later than one hundred twenty (120) days before the final budget submission date of the Public Employer, of a desire to change, modify or terminate this Agreement.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals of the Township of Cranford, New Jersey, on this day of September, 2002.
FIREMEN'S MUTUAL BENEVOLENT TOWNSHIP OF CRANFORD
ASSOCIATION LOCAL NO. 37 UNION COUNTY, NEW JERSEY
BARBARA BILGER, MAYOR
ATTEST: ATTEST:
ROSALIE HELLENBRECHT
Township Clerk
SCHEDULE "A" FIRE SAFETY PATROL DUTIES
Members of the Department of Fire, when assigned to safety patrol, shall perform the following duties:
D. Be on constant lookout for fires or possible causes of fire within the area assigned and use due diligence in discovering and reporting the same as well as extinguishing and abating fires whenever possible.
E. Be on constant lookout for fallen or dangling electric wires or other similar hazards and immediately notify Fire Headquarters who in turn shall notify Police Headquarters of existence of the same and their location and guard such wires ad hazards in order to prevent injury or damage to persons and property.
3. Check fire signal call boxes and fire hydrants and report promptly any damage thereto to Fire Headquarters who in turn shall notify Police Headquarters.
4. Make fire prevention and safety inspections and render services in connection with the various codes for fire prevention and the safety of the public.
5. Assist the Police Bureau with accidents when Department of Fire presence is needed and remain at the scene as required.
6. While on patrol, report to Fire Headquarters and stand by all accidents, request assistance of First Aid Squad and render first aid when required.
7. Be on constant lookout for Fire Code infractions and use diligence in discovering and reporting the same to Fire Headquarters. Where necessary, protect persons ad property from threatened wrongdoing and lodge and prosecute proper complaints.
8. Whenever a disturbance occurs within the patrol limits or the immediate vicinity thereof immediately notify Fire Headquarters who will in turn notify the Police Bureau and use his best efforts to rectify the situation.
9. Patrol emphasis shall be given to schools, churches, public buildings, vacant lots, playgrounds, and areas surrounding same, multiple dwellings and areas of new construction.
10. Patrol those areas designated by the Department of Fire which may be experiencing excessive false alarms, arson, malicious mischief, pertaining to fire-related conditions.
11. Patrol personnel when summoned to ambulance calls will aid and render assistance in readying the patients for ambulance transportation.
12. If, while performing the aforementioned duties, a member of the Department of Fire is directed to a fire alarm, he shall immediately cease such duties and shall respond to the fire alarm, except in an instance where danger to the life of a person would result by the cessation of such exercise of duties. In such latter instance, a member of the Department of Fire shall continue to exercise such duties until relieved. Every reasonable effort shall be made to notify the Department of Fire Control Desk that he is unable to respond to the alarm.
13. A member of the Department of Fire, when assigned to patrol duties, shall furnish such information or render such emergency assistance as may be consistent with his duties to all persons who may request the same.
14. A member of the Department of Fire when assigned to patrol duties, shall note all activities within his patrol limits, and shall thoroughly acquaint himself with all parts of his patrol district including the names and locations of streets, the location of public buildings, schools, industrial areas, parks, etc. While on such duty, he shall have a city map available.
15. A member of the Department of Fire, when assigned to patrol duties, upon returning to duty after being absent for any reason whatsoever, shall immediately familiarize himself with all official orders and other pertinent information available concerning his duties.
16. A member of the Department of Fire is prohibited from revealing any information whatsoever concerning injury or damage to persons or property except to duly constituted authorities.
17. A member of the Department of Fire, when assigned to patrol duties, shall not communicate verbally or in writing, directly or indirectly, in any form or manner, any information which may tend to defeat the ends of justice. Every member shall treat as confidential the official business of the Department of Fire or any other municipal Department. He shall not impart any information concerning the official business of such Departments to anyone except those for whom such information is intended, or as directed by superior officers or under process of law; and he shall not make known to any person any special order which he may receive unless required to do so by the nature of the order.
18. Essentially, the Fire Safety Patrol program is an integral part of the Department's primary function, namely, fire protection
and adjust programs of in-service fire training, building and service inspections, etc.
19. Personnel on Fire Safety Patrol duty shall maintain a complete record of all activities occurring during their patrol assignment on special report forms.
20. Members of the Department of Fire, while on Fire Safety Patrol, may be required to perform such other fire related duties as may be assigned by the Commissioner of Public Safety, the Chief of the Department of Fire or his designated representative.
21. Safety Patrol vehicles shall be manned by one Firefighter under normal conditions.
22. The normal duration of patrol shifts shall be three (3) hours per day and the number of patrol shifts shall be at the direction of the Commissioner of Public Safety, the Chief of the Department of Fire or his designated representative.
23. Patrol shifts may be temporarily suspended at the discretion of the Fire Chief or his designated representative.
SCHEDULE "B" FORTY-TWO (42) HOUR WORK WEEK - EIGHT (8) WEEK CYCLE
A. Four (4) platoon daily schedule in eight (8) day cycle.
Seven (7) repeats of chart below for any one platoon shall average forty-two (42) hours in eight (8) weeks.
EIGHT (8) DAY CYCLE
Platoon 1st 2nd 3rd 4th 5th 6th 7th 8th
#1 D D O N N O O O
#2 N O O O D D O N
#3 O N N O O O D D
#4 O O D D O N N O
B. The following method is used to compute the forty-two (42) hour work week in any eight (8) week cycle (56 calendar days, 336 hours): 336 divided by 8 = 42 hrs/week
CALENDAR DAYS
Weeks 1st 2nd 3rd 4th 5th 6th 7th Hrs
1st Week D D O N N O O 48
2nd Week O D D O N N O 48
3rd Week O O D D O N N 48
4th Week O O O D D O N 34
5th Week N O O O D D O 34
6th Week N N O O O D D 48
7th Week O N N O O O D 38
8th Week D O N N O O O 38
Total Hours Eight (8) Weeks 336
1. Start computation first trick of days and follow previous table.
2. In case of a transfer, the transfer must be within the eight (8) week cycle to compute hours worked.
3. Work cycle computation must begin at least eight (8) days prior to any change affecting cycle.
4. Code: "D" - DAY SHIFT - 0800 to 1800 Hours - 10 hour shift
"N" - NIGHT SHIFT - 1800 to 0888 Hours - 14 hour shift
"O" - OFF DUTY
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SCHEDULE "C" - IN EXCEL FOR 2002 - 2005
SALARIES
SECTION 1.
The following per annum salaries shall be effective January 1, 1999 for Firefighters hired before January 1, 1996:
If 12
Base Merit Incentive Total Holidays
Salary Points Amount Base Unused Total
3rd Grade 49,129.60 NA NA 49,129.60 2,267.52 51,397.12
4th Grade 52,249.60 NA NA 52,249.60 2,411.52 54,661.12
5th Grade 55,536.00 0 0 55,536.00 2,563.20 58,099.20
55,536.00 30 840.00 56,376.00 2,601.97 58,977.97
55,536.00 45 1,260.00 56,796.00 2,621.35 59,417.35
55,536.00 70 1,960.00 57,496.00 2,653.66 60,149.66
55,536.00 90 2,520.00 58,056.00 2,679.51 60,735.51
55,536.00 110 3,080.00 58,616.00 2,705.35 61,321.35
55,536.00 120 3,360.00 58,896.00 2,718.28 61,614.28
55,536.00 140 3,920.00* 59,456.00 2,744.12 62,200.12
55,536.00 160 4,480.00* 60,016.00 2,769.97 62,785.97
SECTION 2.
The following per annum salaries shall be effective January 1, 2000 for Firefighters hired before January 1, 1996:
If 12
Base Merit Incentive Total Holidays
Salary Points Amount Base Unused Total
4th Grade 54,080.00 NA NA 54,080.00 2,496.00 56,576.00
5th Grade 57,470.40 0 0 57,470.40 2,652.48 60,122.88
57,470.40 30 840.00 58,310.40 2,691.25 61,001.65
57,470.40 45 1,260.00 58,730.40 2,710.63 61,441.03
57,470.40 70 1,960.00 59,430.40 2,742.94 62,173.34
57,470.40 90 2,520.00 59,990.40 2,768.79 62,759.19
57,470.40 110 3,080.00 60,550.40 2,794.63 63,345.03
57,470.40 120 3,360.00 60,830.40 2,807.56 63,637.96
57,470.40 140 3,920.00* 61,390.40 2,833.40 64,223.80
57,470.40 160 4,480.00* 61,950.40 2,859.25 64,809.65
SECTION 3.
The following per annum salaries shall be effective January 1, 2001 for Firefighters hired before January 1, 1996:
If 12
Base Merit Incentive Total Holidays
Salary Points Amount Base Unused Total
5th Grade 59,488.00 0 0 59,488.00 2,745.60 62,233.60
59,488.00 30 840.00 60,328.00 2,784.37 63,112.37
59,488.00 45 1,260.00 60,748.00 2,803.80 63,551.80
59,488.00 70 1,960.00 61,448.00 2,836.06 64,284.06
59,488.00 90 2,520.00 62,008.00 2,861.91 64,869.91
59,488.00 110 3,080.00 62,568.00 2,887.75 65,455.75
59,488.00 120 3,360.00 62,848.00 2,900.68 65,748.68
59,488.00 140 3,920.00* 63,408.00 2,926.52 66,334.52
59,488.00 160 4,480.00* 63,968.00 2,952.37 66,920.37
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* Must have obtained a minimum of Associates Degree to qualify for the amount.
SECTION 4.
The following per annum salaries shall be effective January 1, 1999 for Firefighters hired after January 1, 1996:
If 12
Base Merit Incentive Total Holidays
Salary Points Amount Base Unused Total
Probationary 25,854.40 NA NA 25,854.40 1,193.28 27,047.68
1st Grade 28,454.40 NA NA 28,454.40 1,313.28 29,767.68
2nd Grade 31,283.20 NA NA 31,283.20 1,443.84 32,727.04
3rd Grade 34,424.00 NA NA 34,424.00 1,588.80 36,012.80
4th Grade 37,876.80 NA NA 37,876.80 1,748.16 39,624.96
5th Grade 41,662.40 NA NA 41,662.40 1,922.88 43,585.28
6th Grade 55,536.00 0 0 55,536.00 2,563.20 58,099.20
55,536.00 30 840.00 56,376.00 2,601.97 58,977.97
55,536.00 45 1,260.00 56,796.00 2,621.35 59,417.35
55,536.00 70 1,960.00 57,496.00 2,653.66 60,149.66
55,536.00 90 2,520.00 58,056.00 2,679.51 60,735.51
55,536.00 110 3,080.00 58,616.00 2,705.35 61,321.35
55,536.00 120 3,360.00 58,896.00 2,718,28 61,614.28
55,536.00 140 3,920.00* 59,456.00 2,744.12 62,200.12
55,536.00 160 4,480.00* 60,016.00 2,769.97 62,785.97
SECTION 5.
The following per annum salaries shall be effective January 1, 2000 for Firefighters hired after January 1, 1996:
If 12
Base Merit Incentive Total Holidays
Salary Points Amount Base Unused Total
Probationary 26,748.80 NA NA 26,748.80 1,234.56 27,983.36
1st Grade 29,452.80 NA NA 29,452.80 1,359.36 30,812.16
2nd Grade 32,385.60 NA NA 32,385.60 1,494.72 33,880.32
3rd Grade 35,630.40 NA NA 35,630.40 1,644.48 37,274.88
4th Grade 39,208.00 NA NA 39,208.00 1,809.60 41,017.60
5th Grade 43,118.40 NA NA 43,118.40 1,990.08 45,108.48
6th Grade 57,470.40 0 0 57,470.40 2,652.48 60,122.88
57,470.40 30 840.00 58,310.40 2,691.25 61,001.65
57,470.40 45 1,260.00 58,730.40 2,710.63 61,441.03
57,470.40 70 1,960.00 59,430.40 2,742.94 62,173.34
57,470.40 90 2,520.00 59,990.40 2,768.79 62,759.19
57,470.40 110 3,080.00 60,550.40 2,794.63 63,345.03
57,470.40 120 3,360.00 60,830.40 2,807.56 63,637.96
57,470.40 140 3,920.00* 61,390.40 2,833.40 64,223.80
57,470.40 160 4,480.00* 61,950.40 2,859.25 64,809.65
SECTION 6.
The following per annum salaries shall be effective January 1, 2001 for Firefighters hired after January 1, 1996:
If 12
Base Merit Incentive Total Holidays
Salary Points Amount Base Unused Total
Probationary 27,684.80 NA NA 27,684.80 1,227.76 28,962.56
1st Grade 30,492.80 NA NA 30,492.80 1,407.36 31,900.16
2nd Grade 33,508.80 NA NA 33,508.80 1,546.56 35,055.36
3rd Grade 36,878.40 NA NA 36,878.40 1,702.08 38,580.48
4th Grade 40,580.80 NA NA 40,580.80 1,872.96 42,453.76
5th Grade 44,636.80 NA NA 44,636.80 2,060.16 46,696.96
6th Grade 59,488.00 0 0 59,488.00 2,745.60 62,233.60
59,488.00 30 840.00 60,328.00 2,784.37 63,112.37
59,488.00 45 1,160.00 60,748.00 2,803.80 63,551.80
59,488.00 70 1,960.00 61,448.00 2,836.06 64,284.06
59,488.00 90 2,520.00 62,008.00 2,861.91 64,869.91
59,488.00 110 3,080.00 62,568.00 2,887.75 65,455.75
59,488.00 120 3,360.00 62,848.00 2,900.68 65,748.68
59,488.00 140 3,920.00* 63,408.00 2,926.52 66,334.52
59,488.00 160 4,480.00* 63,968.00 2,952.37 66,920.37
* Must have obtained a minimum of Associates Degree to qualify for the amount.
SECTION 7.
The following per annum salaries shall be effective January 1, 1999 for Employees assigned as Fire Prevention and Fire Inspectors:
If
Base Merit Incentive 12 Holidays
Salary Points Amount Total Base Unused Total
Probationary NA NA NA NA NA NA
1st Grade 700.00 NA NA 700.00 32.30 732.30
2nd Grade 1,000.00 NA NA 1,000.00 46.15 1,046.15
3rd Grade 1,500.00 NA NA 1,500.00 69.23 1,569.23
SECTION 8.
The following per annum salaries shall be effective January 1, 2000 for Employees assigned as Fire Prevention and Fire Inspectors:
If
Base Merit Incentive 12 Holidays
Salary Points Amount Total Base Unused Total
Probationary NA NA NA NA NA NA
1st Grade 700.00 NA NA 700.00 32.30 732.30
2nd Grade 1,000.00 NA NA 1,000.00 46.15 1,046.15
3rd Grade 1,500.00 NA NA 1,500.00 69.23 1,569.23
SECTION 9.
The following per annum salaries shall be effective January 1, 2001 for Employees assigned as Fire Prevention and Fire Inspectors:
If
Base Merit Incentive 12 Holidays
Salary Points Amount Total Base Unused Total
Probationary NA NA NA NA NA NA
1st Grade 700.00 NA NA 700.00 32.30 732.30
2nd Grade 1,000.00 NA NA 1,000.00 46.15 1,046.15
3rd Grade 1,500.00 NA NA 1,500.00 69.23 1,569.23
SECTION 10.
The following per annum salaries shall be effective January 1, 1999 for Employees assigned as Fire Mechanics:
If
Base Merit Incentive 12 Holidays
Salary Points Amount Total Base Unused Total
Probationary NA NA NA NA NA NA
1st Grade 700.00 NA NA 700.00 32.30 732.30
2nd Grade 1,000.00 NA NA 1,000.00 46.15 1,046.15
3rd Grade 1,500.00 NA NA 1,500.00 69.23 1,569.23
SECTION 11.
The following per annum salaries shall be effective January 1, 2000 for Employees assigned as Fire Mechanics:
If
Base Merit Incentive 12 Holidays
Salary Points Amount Total Base Unused Total
Probationary NA NA NA NA NA NA
1st Grade 700.00 NA NA 700.00 32.30 732.30
2nd Grade 1,000.00 NA NA 1,000.00 46.15 1,046.15
3rd Grade 1,500.00 NA NA 1,500.00 69.23 1,569.23
SECTION 12.
The following per annum salaries shall be effective January 1, 2001 for Employees assigned as Fire Mechanics:
If
Base Merit Incentive 12 Holidays
Salary Points Amount Total Base Unused Total
Probationary NA NA NA NA NA NA
1st Grade 700.00 NA NA 700.00 32.30 732.30
2nd Grade 1,000.00 NA NA 1,000.00 46.15 1,046.15
3rd Grade 1,500.00 NA NA 1,500.00 69.23 1,569.23
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SCHEDULE D
HOURS OF EMPLOYMENT 1. Change in work schedule. As soon as practicable following the execution of this employment contract, the Chief of Fire shall institute a new schedule of work hours for firefighters and fire officers based upon a 24 hour shift.
A. The revised work shift shall commence on a date agreeable to both parties but not later than January 1, 2003.
B. The twenty-four hour work schedule shall be based upon a 42 hour work week averaged over an eight week cycle.
C. Each fire platoon will work one full 24 hour shift followed by 72 hours off duty.
D. The twenty-four hour shift, under agreement by both parties, will be instituted and retained on a trial basis for the remainder of the current labor agreement, which will expire December 31, 2005. Not less than 120 days prior to the expiration date, either party wishing to terminate the work shift detailed herein shall notify the other party in writing of that determination.
E. In the event that either party makes a determination during the course of the contract term to end the twenty-four hour shift trial and return to the ten hour and fourteen hour work schedule, that party may serve ninety (90) days’ written notice of same. It is agreed by both parties that neither can grieve the decision of the other party to terminate the trial.
F. The parties agree that the changeover from the ten and fourteen schedule to the twenty-four hour schedule (and back, if instituted) shall not result in any overtime expense to the Township of Cranford.
G. All employee benefits related to vacation leave, sick leave, administrative leave, bereavement leave, holiday leave and terminal leave shall not be changed from the present provisions. Example: A fire fighter or fire officer who is off duty on leave for a twenty-four shift will be charged with use of two days of the applicable leave as provided for in this collective bargaining agreement.
H. Any fire department employee who reports off sick prior to the beginning of a scheduled shift must advise fire headquarters whether the sick period is for ten or twenty-four hours. Any employee reporting off sick for ten hours shall report for the remainder of his shift at eighteen hundred hours. An employee who goes home sick after reporting for duty will be charged one sick day if the employee reports sick prior to the completion of ten hours of continuous service on the shift.
I. All workshifts commence at 8:00 o’clock A.M.
J. The maximum number of continuous work hours shall not exceed thirty-eight unless an emergency has been declared.
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