3
August 1, 2005
Agreement
Between
THE CITY OF CAPE MAY
AND
CITY OF CAPE MAY
MIDDLE MANAGERS/
PROFESSIONAL EMPLOYEES
Represented By
UAW LOCAL 2327
January 1, 2005 through December 31, 2008
Table of Contents
Preamble 3
Article I Recognition 3
Article II Management Rights 3
Article III Grievance Procedure 3
Article IV Seniority 5
Article V Union Representatives 6
Article VI Hours and Overtime 6
Article VII Holidays 7
Article VIII Vacation 8
Article IX Health Benefits 9
Article X Sick, Disability & Bereavement Leave 10
Article XI Salaries & Compensation 13
Article XII Longevity 14
Article XIII Family Leave 14
Article XIV Notice of Job Openings 14
Article XV Work Rules 14
Article XVI No Strike Pledge 14
Article XVII Non Discrimination 15
Article XVIII Working Conditions 15
Article XIX Dues Check-Off and Representation Fee 16
Article XX Separability and Savings 17
Article XXI Fully Bargained Provisions 17
Article XXII Duration 18
Appendix A Title/Position Listing 19
Appendix B Starting Salary Guide 20
Appendix C Flex Care Program 21
Appendix D Clothing Allowance 22
Resolution 23
PREAMBLE
THIS AGREEMENT entered into this ___________day of _______________, 2005,
by and between the City of Cape May, County of Cape May, a municipal corporation in
the State of New Jersey, hereinafter referred to as the “City” and the City of Cape May
Middle Managers/Professional Employees, UAW Local 2327, hereinafter referred to as
the “Union”, represents the complete and final understanding on all bargainable issues
between the City and the Union.
ARTICLE I
RECOGNITION
The City of Cape May, New Jersey recognizes that UAW Local 2327, hereinafter
known as “Union”, as the exclusive negotiating representative for collective negotiations
concerning the terms and conditions of employment for middle managers and
professional employees employed by the City including Deputy CFO/Treasurer, Chief
Water Treatment Plant Operator, Asst. Superintendent Public Works, Supervisor of
Water and Sewer, and Zoning Officer, but excluding all other employees of the City.
ARTICLE II
MANAGEMENT RIGHTS
2.1 The City hereby retains and reserves unto itself, 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.
2.2 The exercise of the foregoing powers, rights, authority, duties, or responsibilities of the City, the adoption of policy, rules, regulations and practices and furtherance thereof, and the use of judgment and discretion in connection therewith shall be limited only by the specific and express terms of this Agreement and then only to the extent that specific and express terms hereof are in conformance with the Constitution and Laws of the State of New Jersey and the United States and the ordinances of the City of Cape May
2.3 Nothing contained herein shall be construed to deny or restrict the City of its rights, responsibilities and authorities under N.J.S.A. 40:1 et. Seq., N.J.S.A. 40A.1 et. Seq. N.J.S.A. 11:1 et. Seq. N.J.S.A. 11A et. Seq., any other national, state, or county law or administrative code.
ARTICLE III
GRIEVANCE PROCEDURE
3.1 The purpose of this procedure is to secure, at the lowest possible level, an equitable solution to the problems which may arise affecting the terms and conditions of employment under this Agreement.
3.2 Nothing herein shall be construed as limiting the right of any employee having a grievance to discuss the matter informally with any appropriate member(s) of Administration.
3.3 The term “grievance”, as used herein, means any controversy arising over the interpretation, application or alleged violation of this Agreement affecting the terms and conditions of employment. A “grievance” may be raised by an individual or the Union.
3.4 The following constitutes the sole and exclusive method for resolving grievances between the parties covered by this Agreement and shall be followed in its entirety unless any step is waived by mutual consent:
Step One: The aggrieved or the Union shall institute action under the provisions hereof within two weeks, (14 days) after the event giving rise to the grievance has occurred, and an earnest effort shall be made to settle the differences between the aggrieved employee and his/her immediate Supervisor for the purpose of resolving the matter informally. Failure to act within said two weeks, (14 days) shall be deemed to constitute an abandonment of the grievance.
Step Two: If no agreement can be reached orally within ten (10) calendar days after the initial discussion with his/her Supervisor, the employee or the Union may present the grievance in writing within fifteen (15) calendar days thereafter to the City Administrator or his/her designated representative. The written grievance at this step shall contain the relevant facts and a summary of the oral discussion, the applicable section of the contract violated and the remedy requested by the grievant. The City Administrator or his/her designated representative will answer the grievance in writing within five (5) calendar days of receipt of this written grievance.
Step Three: If the grievance is not settled through Steps One and Two, either party shall have the right to submit the dispute to arbitration pursuant to the Rules and Regulations of the Public Employment Relations Commission. The costs for the services of the arbitrator shall be borne equally by the City and the Association. Any other expenses, including but not limited to the presentation of witnesses, shall be paid by the parties incurring it. The parties direct the arbitrator to decide, as a preliminary question, whether he/she has jurisdiction to hear and decide the matter in dispute. The arbitrator shall be bound by the provisions of this Agreement and the Constitution and Laws of the State of New Jersey, and be restricted to the application of the facts presented to him/her involved in the grievance. The arbitrator shall not have the authority to add to, modify, detract from or alter in any way the provisions of this Agreement or any amendment or supplement thereto. The decision of the arbitrator shall be final and binding.
3.5 The designated Union Representative(s) shall be permitted to confer with employees and the City on specific grievances in accordance with the grievance procedure set forth herein during work hours of employees, without the loss of pay, provided the conduct of said business shall not diminish the effectiveness of said employees.
3.6 The time limits expressed herein shall be strictly adhered to. If any grievance has not been initiated within the time limits specified, then the grievance shall be deemed to have been abandoned. If any grievance is not processed to the next succeeding step in the grievance procedure within the time limits prescribed hereunder, then the disposition of the grievance at the last preceding step shall be deemed to be conclusive. If a decision is not rendered within the time limits prescribed for decision at any step in the grievance procedure, then the grievance shall be deemed to have been denied. Nothing herein shall prevent the parties from mutually agreeing to extend or contract the time limits provided for processing the grievance at any step in the grievance procedure.
3.7 In the event the aggrieved elects to pursue remedies available through the New Jersey Department of Personnel, the grievance shall be canceled and the matter withdrawn from this procedure. It is agreed between the parties that no arbitration hearing shall be held until the expiration of at least thirty (30) calendar days after the decision rendered by the City Administrator or his/her designated representative on the grievance. In the event the grievant pursues his/her remedies through the New Jersey Department of Personnel, the arbitration hearing, if any, shall be canceled and the filing fees and expenses incurred shall be paid by the grievant or Union.
ARTICLE IV SENIORITY
4.1 The most senior employee shall be given preference in the selection of vacations provided there is no interference with normal operations of the City.
4.2 For purpose of accruing benefits payable hereunder, including but not limited to vacations, sick leave, and longevity, seniority shall be defined as continuous employment with the City from date of hire.
4.3 For purpose of promotions, seniority of position shall always be given preference over years of service, so long as the senior employee meets all qualifications and requirements for the higher position.
4.4 For purpose of promotion or layoff, seniority of position shall be defined as any middle management position that causes an employee covered by this Agreement to direct or supervise activities of other City employees.
4.5 The City shall deliver to the Union, copies of all job opportunity bulletins, Civil Service test notifications and other correspondence, notices, or other materials forwarded to or received from Civil Service concerning job openings or opportunities within 72 hours of receipt of transmittal of same.
4.6 Seniority shall be considered along with the ability, experience, skills and past performance with respect to work assignments and job opportunities.
ARTICLE V
UNION REPRESENTATIVES
5.1 Accredited representatives of the Union may enter the City facilities or premises at reasonable hours for the purpose of observing working conditions or assisting in the adjustments of grievances. When the Union decides to have its representative enter the City facilities or premises, it will request such permission from the chief executive of the City or a designated representative and such permission will not be unreasonably withheld, provided there should be no interference with the normal operations of the business of the City government or normal duties of the employees.
5.2 The Union shall advise the City in writing of the name(s) of all union representatives each January or within seven (7) days following any change of representatives.
5.3 During negotiations, the Union’s representatives so authorized by the Union, not to exceed two (2), shall be excused from their normal duties for such period of negotiations as are reasonable and necessary. Such excused individuals, however, shall be available for duty in the event the need arises.
ARTICLE VI
HOURS & OVERTIME
6.1 The normal workweek for those employees in the Public Works, Water/Sewer departments shall consist of forty (40) hours per week inclusive of lunch, eight (8) hours per day from 7:30 a.m. until 3:30 p.m., five days a week, Monday through Friday. The normal workweek may be revised with the agreement of the Union and the employees involved on a volunteer basis. During the period of May 15th through October 1st, the weekday work schedule may, at the option of the chief executive of the City or a designated representative, be revised to start at 7:00 a.m. and end at 3:00 p.m. with no afternoon 15 minute coffee break as set forth in section 6.7 below.
6.2 The normal workweek for all other employees covered by this agreement shall be based on 2080 hours per year, representing forty (40) hour weeks of five (5) eight hour days per week for each of fifty-two (52) weeks, less approved leave. The eight (8) hour days shall include a lunch break, which shall not be counted as time worked unless the time is actually worked or unless the duration is less than thirty (30) minutes. This normal work schedule may be revised by the City, with the agreement of the Union and the employees involved, on a volunteer basis. The following specific work schedules are acknowledged and approved:
(a) The normal work schedule of white collar employees covered by this agreement shall ordinarily be from 8:30 a.m. to 4:30 p.m. including a one-hour lunch break each weekday, Monday through Friday, plus up to five (5) hours per week of additional work as may be needed to attend to the duties of the office to which the employee is assigned so that total actual work time in any week shall be at least 35 hours, but not more than 40 hours.
6.3 If deemed necessary by the City, the appropriate department head will, from time to time, assign additional assignments to those Public Works and Water and Sewer Employees covered by this contract for duties that are in excess of their regular duties. The City will provide a stipend, not to exceed the sum of two thousand five hundred ($2,500) seven hundred fifty ($2,750) per year, for such additional assignments. If additional assignments and the stipend are accepted by a covered employee, the stipend will be paid in addition to the wages set forth in this Agreement in equal installments with their regularly scheduled paycheck and be subject to all applicable withholding requirements. Such additional assignments can be terminated by the City at any time, in which case the agreed upon stipends will also terminate based upon the duration of the employee’s performance of the additional assignments. The assignment of additional assignments and payment of the stipends set forth herein shall not be deemed a past practice and the employees agree that they shall not claim that they have a right to continue to perform the additional assignments for the agreed upon stipends.
6.4 No employee shall be required to work more than one double shift during any one forty-eight (48) hour period.
6.5 An employee shall be entitled to a 15 minute coffee break at a reasonable time in the morning hours and a 15 minute coffee break at a reasonable time in the afternoon, except that there shall be no afternoon break when the City exercises its seasonal option to establish 7:00 a.m. until 3:00 p.m. workdays, during which time the lunch break will be extended to forty-five (45) minutes.
6.6 By mutual agreement between any employee and department head, flexible hours of work may be permitted to accommodate occasional circumstances where it is to the benefit of the employee or City or both for work to be performed at times other than the regular schedule of work set forth in 6.1 above. Any such short term agreement for flexible hours that results in more or less work hours than those set forth in 6.1 above on any given day, work week, or pay period shall be made up during the same or next pay period so that the total number of hours worked shall be the same as set forth in article 6.1 above. For example, the City may request an employee to work additional hours on one day, with the employee agreeing to take the exact number of hours in time off on another day in the same or next pay period. Similarly, an employee may request a department head to permit hours off on one day by agreement to work the exact number of hours in addition to the regular work schedule on another day in the same or next pay period. Use of such flexible hours shall not result in additional pay or loss of pay to any employee, nor shall any leave balances be increased or reduced.
ARTICLE VII
HOLIDAYS
7.1 The following holidays shall be recognized:
New Year’s Day Columbus Day
Lincoln’s Birthday Veteran’s Day
Washington Birthday General Election Day
Good Friday Thanksgiving Day
Memorial Day Day after Thanksgiving
Independence Day Christmas Day
Labor Day Martin Luther King Jr. Birthday
7.2 A holiday shall be granted to all employees whenever the same is declared by proclamation of the President, the Governor or the County Board of Chosen Freeholders, provided the City Council accepts the holiday by proper resolution.
7.3 For employees working a five (5) weekday week (Monday through Friday), holidays which fall on Saturday will be celebrated on the preceding Friday; Holidays which fall on Sunday will be celebrated on the following Monday. For employees working other than a five (5) weekday workweek as described above, holidays will be celebrated on the day on which they actually fall.
7.4 All requests for additional leave, including personal leave and vacation leave, immediately prior to or immediately following any of the fourteen (14) holidays listed in (7.1) of this article shall, except in cases of emergency, be made at least five (5) working days in advance.
ARTICLE VIII
VACATIONS
8.1 Annual vacation leave with pay shall be earned at the rate of 8 hours (one working day) of vacation for each month of service during the remainder of the calendar year following the date of hire to a maximum of 96 hours (12 working days) of paid vacation during the first year of employment. For any employee hired after the fifteenth of the month no vacation will be earned until the first full month of employment.
YEARS OF SERVICE VACATION DAYS
1ST 1 day per month
2nd thru 5th 12 days per year
6th thru 12th 15 days per year
13th thru 19th 20 days per year
20th & over 25 days per year
8.2 Vacation leave will be credited to each employee hired prior to January 1st, 2000 on January 1st of each year regardless of the actual date of hire. Any employee hired after January 1st, 2000 shall receive full vacation credit on his/her actual anniversary date of hire.
8.3 Vacation leave will be prorated and credited for the months of actual service during the last year of employment.
8.4 Vacation allowance must be taken during the current calendar year at such time as permitted or directed by the chief executive of the City or a designated representative unless the chief executive of the City or a designated representative determines that it cannot be taken because of pressure of work. Vacation requests should be made as far in advance as possible, but they must be submitted to the employee’s Department Head no later than forty-eight (48) hours in advance. Any unused vacation time may be carried forward into the next succeeding year only. Department heads are authorized, but not required, to approve advance employee requests for vacations of shorter duration, including vacation leaves in increments of no less than four hours.
8.5 If a vacation request, submitted in writing by the employee on the form supplied by the City, is denied in writing by chief executive of the City or a designated representative because of the pressure of work, the employee shall not lose the vacation days denied and may request that the unused vacation time be carried forward into the next succeeding year or that the unused vacation time so denied be converted into pay at the employee’s prevailing rate.
8.6 Personal Days. All employees covered under this agreement shall be allowed three (3) days of personal leave with pay annually, not deducted from sick leave. Such leave shall not accumulate from year to year. Full day (8 hour) personal days may be taken at the employee’s convenience without advance approval. With advance approval of the employee’s department head or chief executive of the City or a designated representative, half personal days (4 hours) may be taken.
ARTICLE IX
HEALTH BENEFITS
9.1 The City shall continue to provide and maintain group health benefits coverage and dependent coverage for all employees covered under this agreement beginning on the first of the month following sixty days of employment. The City shall offer health care coverage to employees covered under this contract, which is equal to the highest level of coverage offered to any other City employee at the time of contract negotiations.
9.2 Employees hired before June 1, 2005, will continue to have their existing health insurance plan paid by the City. If they transfer to a plan, other than State Health Benefits Plus, Aetna, or other single health insurance plan coverage, they will be deemed to have forfeited their flex care benefit. This does not apply to these employees who switch coverage within the same plan. Employees who elect to “cash out” their health insurance benefits will be entitled to $4,000 or 50%, whichever is greater, of their health plan premium and will no longer be entitled to the City’s flex care program, providing they have not switched from a plan fully paid by the City as identified above. In the event they have switched from a fully paid plan, they will be entitled to $4,000 or 50%, whichever is greater, of the City offered health plan premium and will no longer be entitled to the City’s flex care program.
9.3 Employees hired after June 1, 2005 will be offered any State Health Benefits Plus, Aetna, or any other single coverage health insurance plan, at no cost. In the event that the employee desires to select any other plan, they will not qualify for the City’s Flex Care Program. Employees who elect to “cash out” their health insurance benefits will be entitled to $4,000 or 50%, whichever is greater, of the City offered health plan premium and will no longer be entitled to the City’s flex care program.
9.4 The City also provides a Flex Care Program, to those qualified employees. This program is shown in Appendix “C”. Qualified employees shall provide receipts for items covered under this program.
9.5 The City shall have the right to change health benefits carriers so long as the change in carriers has no appreciable effect on the level of benefits.
9.6 The City shall provide disability leave protection after a fourteen (14) day waiting period (sickness and accident) after which the employee will receive up to 70% of lost earnings up to a five hundred ($500.00) weekly benefit for twenty-six (26) weeks.
9.7 Upon retirement after 25 years of service to the City, the City will pay the entire cost of health benefit coverage’s available for retirees at the time of retirement to supplement Medicare or any other health benefits to which the retiring employee may be entitled for the lifetime of the retiring employee and the employee’s spouse at the time of retirement. The health plan for retirees shall reflect a lifetime limit as provided for under the specific health plan selected by the retiree.
9.8 During the term of this Agreement, the City may offer alternative health plans to the Association other than those specified in 9.1. The Union must approve any alternative health plan in writing before it will be available to all Union members on a uniform basis. Any agreement between the City and an employee regarding a Union approved alternative health plan will be authorized in writing. No employee shall be required to accept such alternative health plans.
ARTICLE X
SICK LEAVE, DISABILITY LEAVE & BEREAVEMENT LEAVE
10.1 Service Credit for Sick Leave
1. All permanent employees, full time temporary or full time provisional employees shall be entitled to sick leave with pay based on their aggregate years of service.
2. Employees may use sick leave when they are unable to perform their work because of personal illness, accident or exposure to contagious disease. Sick leave may also be used for short periods because of death in the employee’s immediate family as defined in 3 below.
3. In the event of a serious illness, including childbirth, in the immediate families defined in this paragraph, employees shall be allowed to use accumulated sick time in order to attend to his responsibilities towards his family. Immediate family, for purposes of this article, shall be defined as husband, wife, child, stepchild, mother, father, brother, sister, stepmother, stepfather, guardian, mother-in-law, father-in-law, grandmother, grandfather, grandchildren, and sister-in-law, brother-in-law. The City may require reasonable verification of the event.
4. Sick leave shall not include any extended period of time where the employee serves as nurse or housekeeper during a period of illness.
5. Disability leave shall be provided in accordance with N.J.S.A. 1:24A-4.
6. Work related injuries. Employees shall receive full salary and benefits during time off from work to recover from on-the-job injuries that qualify for workers compensation payments. No deduction shall be made from the employee’s sick or other leave balances for such time off. To qualify for, and partially compensate the City for extending this one hundred percent (100%) pay benefit, employees shall endorse all workers compensation payments (approximately 70% of salary) over to the City. Time off taken in connection with injuries or sickness that do not qualify for workers compensation payments shall be deducted from the employee’s sick leave balance.
10.2 Amount of Sick Leave
1. The minimum sick leave with pay shall accrue to any full time employee on the basis of eight hours (one working day) per month during the remainder of the first calendar year of employment after initial appointment and 120 hours (fifteen working days) in every calendar year thereafter.
2. Any amount of sick leave allowance not used in any calendar year shall accumulate to the employee’s credit from year to year to be used if and when needed for such purpose.
3. An employee shall not be reimbursed for accrued sick leave at the time of termination of employment.
4. Sick leave shall be taken in no less than four (4) hour increments. Eight (8) hours shall be deducted from an employee’s sick leave balance for each one-day of sick leave utilized.
10.3 Reporting of Absence on Sick Leave
1. If an employee is absent for reasons that entitle him to sick leave, his supervisor shall be notified promptly as of the employee’s usual reporting time, except in those work situations where notices must be made prior to the employee’s starting time. In such event, the employee shall notify the Department Head at least one half (1/2) hour prior to the commencement of his usual starting time.
10.4 Verification of Sick Leave
1. An employee absent on sick leave for five (5) or more consecutive working days shall be required to submit acceptable medical evidence substantiating the illness when, in the opinion of the chief executive of the City or a designated representative, the use of sick leave appears to be excessive or must be substantiated.
2. An employee who has been absent on sick leave for periods totaling ten (10) days in one calendar year consisting of periods of less than five (5) days, shall submit acceptable medical evidence for any additional sick leave in that year unless such illness is of a chronic or recurring nature requiring absences of one (1) day or less in which cases only one (1) certificate shall be necessary for a period of six (6) months.
3. The appointing authority may require proof of illness of an employee on sick leave, whenever such requirement appears reasonable. Abuse of sick leave shall be cause for disciplinary action.
4. In case of leave of absence due to exposure to contagious disease, a certificate from the Department of Health shall be required.
5. In case of death in the immediate family, reasonable proof may be required.
6. The City may require an employee who has been absent because of personal illness, as a condition of his return to duty, to be examined, at the expense of the City, by a physician designated by the City. Such examination shall establish whether the employee is capable of performing his normal duties and their return will not jeopardize the health of other employees.
10.5 Bereavement Leave
All employees covered by this Agreement shall be allowed up to a maximum of 24 hours (3 days) leave without loss of pay and not to be deducted from any leave balance, in the event of death of husband, wife, child, mother, father, brother, sister, step-mother, step-father, mother-in-law, father-in-law, grandmother, grandfather and grandchildren, and shall be allowed one day to attend the funeral of brother-in-law, sister-in-law, aunt, uncle, niece, and nephew without loss of pay. Any employee may request leave on the occasion of death of close personal friends not listed above for prior approval of the employee’s department head and chief executive of the City or a designated representative, who shall not unreasonably deny appropriate leave.
10.6 Buy Back of Sick Leave Upon Retirement
All employees covered by this Agreement shall be eligible for the following upon retirement and verification of the personnel record at that time:
1. Twenty-five (25) or more years of service: 50% (i.e. one (1) day for every two accumulated days.)
2. Under twenty-five (25) years of service: 25% (i.e. one (1) day for every four (4) accumulated days upon retirement.
3. Under no circumstances shall the total exceed $12,000.
10.7 Sick leave balances will be provided to employees regularly with their paychecks. It shall be each employee’s responsibility to report any discrepancies in the number of hours shown.
10.8 The City may, by mutual consent with any employee covered by the terms of this agreement, pay the value of any sick, vacation, or personal day or days, which days shall be worked and deducted from the unused balance of said leave. Subject to annual budget appropriations, any such offer by the City to pay the value of any sick, vacation, or personal days shall be made equally to all employees.
10.9 Sick, vacation and personal leave entitlement for the entire year shall be credited to each employee at the beginning of each calendar year. In the event an employee terminates employment, takes a leave of absence, or has any other change in status where such leave is not earned for a portion of the year, the City shall recover the prorated value of said leave and any employee who utilizes more leave than is earned shall be required to reimburse the City for the value of the used, but unearned, leave.
ARTICLE XI
SALARIES & COMPENSATION
11.1 Anniversary date for the purpose of salary shall be January 1st for hire’s through July 1st and those hired after July 1st, anniversary date shall be January 1st of the following year. Anniversary date for all employees hired after January 1, 2002 shall be their actual date of hire.
11.2 Contractual Raises
· Effective retroactive to January 1, 2005, base salaries shall be increased by three and three quarter’s (3.75%) four (4) percent over each employee’s 2004 base salary. , with the exception of the Zoning Officer, Asst. Superintendent of Public Works, Supervisor of Water and Sewer, and the Chief Water Treatment Operator.
· Effective retroactive to January 1, 2006, base salaries shall be increased by three and three quarter’s (3.75%) four (4) percent over each employee’s 2005 base salary. , with the exception of the Zoning Officer and Supervisor of Water and Sewer.
· Effective January 1, 2007, base salaries shall be increased by three and three quarter’s (3.75%) four (4) percent over each employee’s 2006 base salary.
· Effective January 1, 2008, base salaries shall be increased by three and three quarter’s (3.75%) four (4) percent over each employee’s 2007 base salary.
11.3 Minimum starting (hiring) salaries shall be as determined by the Salary Ordinance of the City of Cape May, as revised annually by City Council. Actual Salaries for current employees for the contract years are show in Appendix B.
ARTICLE XII
LONGEVITY
In addition to salary, employees hired prior to June 30, 1999, shall receive longevity pay to be computed at 2% of the employee’s base salary for every five (5) years of completed service, to the maximum of 10%. Anniversary date for this purpose shall be January 1st for persons hired before July 1st and for those hired after July 1st, their anniversary date shall be January 1st of the following year.
ARTICLE XIII
FAMILY LEAVE
Leave without pay to provide care as the result of the birth or adoption of a child or a serious health condition of a family member shall be available to eligible employees pursuant to applicable provisions of the New Jersey Family Leave Ace (N.J.S.A. 34: b-1, et.seq.)
ARTICLE XIV
NOTICE OF JOB OPENINGS
The City agrees to deliver notices of all middle and senior management position
Job openings to the Union at least ten (10) working days prior to the date for filing of said openings.
ARTICLE XV
WORK RULES
The City will adopt or post or otherwise disseminate such rules and regulations as it may desire, provided that the same are not contrary to this agreement and further provided that the Union shall have the right to grieve within ten (10) days after the same are posted or disseminated and/or a copy sent to the Union. Work rules are to be dated and signed by the issuing authority.
ARTICLE XVI
NO STRIKE PLEDGE
16.1 The Union covenants and agrees that during the term of this agreement neither the Union nor any person acting in its behalf will cause, authorize, or support, nor will any of its members take part in any strike (i.e. the concerted failure to report for duty, or willful absence of any employee from their position, or stoppage of work or abstinence in whole or in part, from the full, faithful and proper performance of the employees duties of employment), work stoppage, slowdown, walkout or other job action against the City. The Union agrees that such action would constitute a material breach of this agreement.
16.2 In the event of a strike, slowdown, walkout or other job action, it is covenanted and agreed that participation in any such activity by any employee covered under the terms of this agreement shall be deemed grounds for termination of employment of such employee or employees, subject, however, to the application of the grievance procedure contained in section 3.
16.3 The Union will actively discourage and will take whatever affirmative steps are necessary to prevent or terminate any strike, work stoppage, slowdown, walkout or other job action against the City.
16.4 Nothing contained in this agreement shall be construed to limit or restrict the city in its right to seek and obtain such judicial relief as it may be entitled to have in law or in equity for injunction or damages or both in the even of such breach by the Union or its members.
ARTICLE XVII
NON-DISCRIMINATION
17.1 There shall be no discrimination by the City or the Union against an employee on account of race, color, creed, sex, national origin or handicap.
17.2 There shall be no discrimination, interference, restraint or coercion by the City or any of its representatives against any of the employees covered under this agreement because of their membership or non-membership in the Union or because of any lawful activities by such employee on behalf of the Union. The Union, its members and agents, shall not discriminate against, interfere with, restrain or coerce any employees covered under this agreement who are not members of the Union and shall not solicit membership in the Union or the payment of dues during working time.
ARTICLE XVIII
WORKING CONDITIONS
18.1 The City shall provide protective gloves for any work that may be damaging to an employee’s hands. The City shall also provide any other protective equipment that may be needed along with wet weather gear. In addition to other benefits contained in this article, the Chief Water Treatment Plant Operator, the Supervisor of Water and Sewer, and the Assistant Superintendent of Public Works shall be paid six hundred and seventy five ($675.00) dollars each year, for the purchase and maintenance, including cleaning of work clothes and protective work shoes or boots. For the Deputy CFO/Treasurer and Zoning Officer, the City will replace work clothes that have been damaged in the line of work. If at any time it is determined by the Department Head and/or chief executive of the City or a designated representative that an employee is not maintaining their clothing in proper condition, then said employee shall be required to purchase the items of clothing and protective work shoes or boots at the employee’s cost. The entire annual clothing allowance will be paid within thirty (30) days of the adoption of the annual City budget.
18.2 City shall provide proper chairs for all personnel. Employees may make requests for improved seating at any time and City shall make a good faith effort to comply with all reasonable requests, subject to annual budgetary appropriations.
18.3 It shall be the responsibility of each employee to report defective or inoperative facilities or equipment to their supervisor and chief executive of the City or a designated representative.
18.4 The City agrees to meet as needed with representatives of the Union to discuss matters of mutual concern. Meetings will be scheduled by the chief executive of the City or a designated representative.
18.5 The City agrees to pay any expenses including training, school and fees associated with the obtaining or maintaining of any special licenses or certifications required for employees covered by this agreement to hold their positions with the City.
18.6 The City agrees to reimburse employees for all reasonable expenses incurred as a result of attending City approved seminars or programs.
ARTICLE XIX
DUES CHECKOFF AND REPRESENTATION FEE
19.1 The City agrees to deduct from the salaries of its employees subject to this Agreement dues for the Union. In addition, the City agrees to deduct from the salaries of its employees subject to this Agreement but not members of the Union a representation fee in lieu of dues for services rendered by the majority representative, in an amount equal to 85% of the regular membership dues, fees and assessment paid by members of the Union, less the cost of benefits financed through the dues and assessment and available to and benefiting only members of the Union. Such deductions shall be made in compliance with Chapter 310, Public Laws 1967, N.J.S.A. (R.S.) 52:14-15.9 (E) as amended. Said monies together with records of any corrections shall be transmitted to the Union office by the fifteenth (15th) of each month following the monthly pay period in which deductions were made.
19.2 If, during the life of this Agreement, there shall be any change in the rate of membership dues, the Union shall furnish to the City written notice prior to the effective date of such change and such notification shall be signed by the President and Financial Secretary of the Local Union.
19.3 The Union shall indemnify, defend and save the City harmless against any and all claims, demands suits or other forms of liability, which may arise by reason of any deductions and remitting the same pursuant to this Article.
ARTICLE XX
SEPARABILITY AND SAVINGS
If any provision of this Agreement or any application of this Agreement to any employee, or group of employees is held to be invalid by operation of law or by a court or other tribunal of competent jurisdiction, then such provisions and application shall be deemed inoperative; however, any other provisions and applications contained herein shall continue in full force and effect.
ARTICLE XXI
FULLY BARGAINED PROVISIONS
This Agreement represents and incorporates the complete and final understanding and settlement by the parties on all bargainable issues, which were or could have been subject of negotiations.
While neither party shall be required to negotiate or reopen any matter that is or could have been included herein during the term of this Agreement, the parties may, by mutual consent set forth in writing, discuss and revise Appendix’s “A” or “B”. Any such revision that may be proposed shall have no effect unless it is ratified by both parties in the same manner by which this Agreement has been ratified. The intent and purpose of this paragraph is to give the parties opportunity to review and revise titles and salary ranges to keep them competitive and current.
ARTICLE XXII
DURATION
This Agreement shall be in full force and effect as of January 1, 2005 and shall remain in effect to and including December 31, 2008 without any reopening date. 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 twenty (120) nor no later than ninety (90) days prior to the expiration of this Agreement of a desire to change, modify or terminate this Agreement. Any Agreement so negotiated shall apply to all Middle Managers/Professional employees, be reduced to writing and be signed by the parties.
IN WITNESS WHEREOF, the parties have hereunto set their hand and seals at City of Cape May, New Jersey on this ___________day of _______________2005.
CITY OF CAPE MAY UAW, LOCAL 2327
Cape May County, NJ Region 9
______________________________ ______________________________
______________________________ ______________________________
______________________________ ______________________________
Appendix A
Contract Titles
Deputy CFO/Treasurer
Chief Water Treatment Operator
Asst. Superintendent of Public Works
Zoning Officer
Supervisor of Water and Sewer
Appendix B
Starting Salary Guide
Job Title Salary
Zoning Officer $ 35,000
Chief Water Treatment Operator $ 41,500
Deputy CFO/Treasurer $ 45,900
Asst Superintendent Public Works $ 46,700
Supervisor of Water and Sewer $ 44,000 |
Appendix C
2005 FLEX CARE MEDICAL OPTIONS
Employee Employee &
Only Dependents
FLEX CARE BENEFITS $1,300.00 $2,100.00
VISION CARE $ $
PRESCRIPTIONS $ $
DENTAL CARE $ $
DR. PRESCRIBED HEALTH AIDES $ $
DEDUCTIBLE RESERVE ($100 @) $ $
20% CO-PAY RESERVE ($400 @) $ $
OTHER ITEMS APPROVED BY CITY $ $
Employees are required to select the dollar amounts for each Flex Care Option each December for the next following calendar year. Dollar amounts selected will be locked in as of the first business day of each year. Employees will be required to submit paid bills for reimbursement. Flex Care reimbursements will be made through and in conjunction with the issuance of regularly scheduled payroll. Any unused benefits will terminate at the close of the year. Employees who elect to “cash out”, are not entitled to Flex Care benefits. Employees selecting premium health insurance plans may also forfeit
Flex Care benefits. See the specific employee union contract for qualification details.
AUTHORIZATION: ___________________________________DATE:______________
I understand and authorize my Flex Care Medical Options selected above.
Appendix D
Clothing Allowance
The Chief Water Treatment Operator, Supervisor of Water and Sewer, and Asst. Superintendent of Public Works shall be paid six hundred and seventy five ($675.00) dollars each year, for the purchase and maintenance of clothing and protective work shoes or boots. The Deputy CFO/Treasurer and Zoning Officer will not be paid a clothing allowance, but will be reimbursed for clothing damaged in the performance of his or her duties.
|