LABOR AGREEMENT
COUNTY OF ATLANTIC ANDTHE FRATERNAL ORDER OF POLICE
LODGE #112
2005 - 2008
TABLE OF CONTENTS
PREAMBLE..................................................................................................... 1
I. RECOGNITION............................................................................................... 2
II. DUES CHECK-OFF AND AGENCY SHOP ...................................................4
III. SENIORITY ..................................................................................................... 6
IV. WORK SCHEDULES.......................................................................................10
V. OVERTIME......................................................................................................11
VI. CALL-IN TIME................................................................................................13
VII. HOLIDAYS AND ADMINISTRATIVE TIME...............................................14
VIII. CLOTHING ALLOWANCE.............................................................................16
IX. SALARIES.........................................................................................................17
X. SICK LEAVE.....................................................................................................18
XI. LEAVES OF ABSENCE.................................................................................. 21
XII. VACATIONS.....................................................................................................25
XIII. INSURANCE AND WORKERS’ COMPENSATION......................................29
XIV. GRIEVANCE PROCEDURE.............................................................................32
XV. TRAINING AND SECURITY...........................................................................36
XVI. FRINGE BENEFITS..........................................................................................37
XVII. MANAGEMENT'S RIGHTS..............................................................................41
XVIII. EMPLOYEES’ RIGHTS.....................................................................................43
XIX. LONGEVITY.....................................................................................................49
XX. SAFETY, HEALTH AND ADMINISTRATION...............................................50
XXI. FULLY BARGAINED AGREEMENT..............................................................51
XXII. SEPARABILITY AND SAVINGS.....................................................................52
XXIII. DURATION........................................................................................................ 53
XXIV. PRORATION AND RETRO ACTIVITY OF PAYMENTS................................54
1
PREAMBLE
This Agreement is entered into between the County of Atlantic (hereinafter referred to as the “Employer” and the Fraternal Order of Police Lodge #112, Superior Officers of Atlantic County (hereinafter referred to as “FOP”. Whereas the parties hereto desire to establish the hours of labor, rates of pay and negotiable terms and conditions of employment under which the Employees herein defined shall work for the Employer during the life of this Agreement and thereby promote a relationship between the parties hereto providing for harmonious cooperation and mutual benefits. Now, therefore, in consideration of the performance in good faith by both parties of the terms and conditions of this Agreement and intending to be legally bound thereby, the parties agree to and with each other as follows:
31
I. RECOGNITION
A. The County of Atlantic, herein referred to as the Employer, hereby recognizes the Fraternal Order of Police, Lodge #112, as the sole and exclusive collective negotiating agent and representative for all Correction Officer Sergeants.
B. The title "Sergeant" and words such as "employee" and "he" shall be
defined to include the plural as well as the singular and to include female as well as male
gender.
C. The Employee Organization President and Vice President shall have
access to the Gormley Justice Facility when off duty to conduct FOP 112 business. If the
President or Vice President wishes to confer with any on duty FOP 112 members,
permission must be received from the Warden or his designee. The permission shall not
be unreasonably denied, but the Employer retains the right to manage and direct the
working force in order to ensure the efficient operation of the Department of Public
Safety. Agents of the union who are not employees of the employer or who are
employees of the employer, shall be permitted to visit job sites and work locations
outside secure perimeters for the purpose of discussing FOP matters, and may visit inside
the perimeters with the warden’s approval so long as such visitations do not interfere with
the general operations of the employer. The employer shall furnish office space within
the secure perimeter of the facility for the use of supervisors. The office shall be utilized
for work stemming from duties assigned as a sergeant.
D. The FOP shall be permitted to utilize the bulletin board in the Center
Controls sally port to post notices to its members. The bulletin board shall be placed in a
spot where all members may see it on a daily basis within the secure perimeter of the
facility. All posted documents must contain the signature of an FOP officer, be dated and
reviewed every two weeks.
II. DUES CHECK-OFF AND AGENCY SHOP
A. Dues Deduction
1. Employer agrees to deduct monthly membership dues from the regularly issued paychecks of the individual members of FOP 112 (including Lieutenants who hold membership in FOP 112, but are not covered under this agreement) providing those individual members request in writing that such deductions be made. Deductions shall be made at intervals convenient to the Employer, but no less frequently than monthly, and thereafter shall be certified along with the remittance to the Treasurer of the FOP together with a list of the names of all Employee members for whom deductions were made. The certification, list and remittance shall be made not later than the 10th day of the month succeeding the deduction.
2. A notice of desire to terminate the above mentioned deduction of dues by any Employee member must be received in writing by the Employer and the FOP no less than thirty (30) days prior to the effective date of the requested termination.
3. As stated in paragraph 1, Lieutenants shall have their monthly dues deducted by the Employer. In the event that a Sergeant is advanced to the rank of Lieutenant by way of either an acting, provisional or permanent promotion, the Employer will not discontinue the dues deductions unless they receive said request in writing as per Article II.A.2.
B. AGENCY SHOP - The Employer agrees to implement an Agency Shop in accordance with Chapter 477 of the Laws of 1979, with a representation fee for non-members, equivalent to 85% of the regular membership dues, fees and assessments. The FOP, in exchange for implementation of said Agency Shop hereby agrees to hold the Employer harmless against any and all claims or suits or any other liability occurring as the result of the implementation of the Agency Shop provision.
III. SENIORITY
A. Seniority is defined as an Employee's total length of service within the bargaining unit beginning with the date of permanent appointment to Sergeant.
B. An Employee having broken service with the Employer (as distinguished from a leave of absence) shall not accrue seniority credit for the time when not employed by the Employer.
C.1. Where two or more Sergeants are permanently promoted on the same date,
seniority will be determined by the date of hire in the Department of Public Safety, Division of Adult Detention.
2. Where two or more Sergeants have both the same date of promotion and
the same date of hire as described in C.1., then seniority shall be determined
according to the position in the alphabet of the first letter of the last name of the
employees. Where the first letter of the last names are the same, then seniority
shall be determined by the first letter of their first names. If that letter is the same,
then determination shall be by lot.
D. The Employer shall maintain an accurate, up-to-date seniority roster,
showing each Sergeants date of hire with the Department of Public Safety,
Division of Adult Detention and civil service classification, and shall furnish
copies of the roster to the President of the FOP semi-annually.
E. In all cases of demotions, layoffs, recall, vacation schedules, days off,
choice of shifts in continuous operations, and other situations where substantial
employee advantages or disadvantages are concerned, employees with the greatest
amount of seniority as defined in Article III, A, B, C.1., C.2, and D, will be given
consideration for preference for his/her choice of shift and days off, provided the
ability is present to perform the work involved.
Regarding the bidding process, the employee should be awarded his/her
bid however, if after 30 days in that job assignment the employer should perceive
that an employee does not display the ability to perform the work and documents
that training would not correct the inability, the employer will then be able to
transfer that employee to another assignment. The employee must be notified 30
days in advance of said transfer.
If the employee is removed from his/her bidded post the employer must
submit to the employee and the FOP President written notice affirming in detail
the circumstances and justification regarding the inability to actually perform the
work in that assignment. The employer also agrees to sit down with the employee
and initiate an improvement plan outlining his/her inabilities, a plan of corrective
action and a time limit in which the plan is to be completed by (maximum 6
months). Then a review will occur so as to evaluate whether the employee has
improved enough to return to his/her bidded position. However, if the employee
has no desire to return to the bidded post, then the improvement plan would not be
initiated.
F. The standard for assignments is as follows: A roster of ALL Sergeants’
posts inside the main jail, boot camp and any other facility that houses inmates,
including shift and days off will be made by the employer and posted on the
bulletin board in the center controls sallyport 7 days prior to the selection of
shifts. Each Sergeant shall be notified in writing to report to Operations and select
their shift and days off. Operations shall continue by seniority until all posts are
covered. If for any reason any Sergeant is out on extended leave, vacation, SAI,
etc., the bidding process stops until that Sergeant can inform Operations of their
choice of shift and days off either in writing or verbally. Once all Sergeants have
completed choosing their assignment, Operations shall notify each Sergeant in
writing confirming their shift and days off within 2 weeks of the completion of
the bidding process. Should a vacancy occur by a Sergeant being promoted to the
permanent rank of Lieutenant, individuals below that Sergeant on the seniority list
shall be permitted to submit requests to Operations for the Sergeant's post.
Seniority shall be used for that post alone. No Sergeants shall be assigned,
transferred or temporarily assigned to the vacant post unless agreed upon by the
employee. The bidding process shall start within 30 days from the effective date
of this contract and end 30 days thereafter.
1) All assignments not inside the facility, i.e. HEDS, Classifications, IU or any other assignment or any other new assignment made during this contract are not based on seniority but chosen specifically by the Warden.
2) Those Sergeants wishing to be assigned to a special assignment MAY submit a report to the Warden informing him that he/she has an interest in that assignment.
G. In any case where the employer requests a Sergeant to advance to the
position of either acting or provisional Lieutenant, that Sergeant, if the position is
accepted, gives up their bidded post. That post may be filled by the next Sergeant
on the seniority list if the next senior Sergeant requests that post as stated in
Paragraph F. above. If the next senior Sergeant does not request of want that
position, then Operations shall contact the next senior Sergeant in seniority to fill
that vacancy. If they cannot fill the vacancy, then the entire bidding process may
have to be completed, unless an agreement can be made between the Warden and
the President of FOP #112. The bidding process shall be completed every 2 years,
starting October 1, 2005. Re-bidding will take place if there are several promotions or demotions or for any other reason that vacancies occur in the Sergeant posts.
IV. WORK SCHEDULES
A. All Sergeants shall work a 40 hour week, including a working lunch period. In addition, all Sergeants shall report 15 minutes before the start of their shift. In order to be paid for these 15 minutes, all Sergeants must report 15 minutes before the start of their shift.
B. The regular starting time of work shifts for an individual Sergeant shall not be changed in any way without the Sergeant being notified in writing at least 30 days prior to the change. Further, no shifts are on a rotating basis and all shifts are permanently assigned.
"In Lieu Ofs"
There shall be no "in lieu ofs" between normal working hours of the three shifts. Special details, however, may be assigned outside of the normal working hours of the three shifts.
C. The lengthening or shortening of any shift resulting from changes between Eastern Standard Time and Daylight Savings Time shall result in payment for hours actually worked.
D. Regular work schedule shall be defined as a period of five (5) consecutive days of work and two (2) consecutive days off.
E. Employees will be given thirty (30) days notice if the employer is changing the starting and ending times of the three regular shifts.
F. The starting and ending times of the three regular shifts (excepting Boot Camp) will be as follows: shift one - 2330 to 0730; shift two - 0730 to 1530; and shift three - 1530 to 2330.V. OVERTIME A. Effective upon the signing of this contract, the following will be counted as hours worked for the purposes of computing overtime:
1. all hours actually worked,
2. holidays (New Year's Day, Thanksgiving and Christmas)
3. vacation days
4. administrative days
5. bereavement days
B. Overtime shall be paid in cash, and shall be paid at time and one-half (1 1/2) of the regular hourly rate for such Sergeant. The hourly rate for overtime shall be computed at the basic work week of forty (40) hours per week.
C. Overtime shall be paid no later than the second pay period after the overtime work is performed.
D. Employees working hours meeting the above criteria for payment of overtime may at their discretion be paid in the form of compensatory time off at the rate of one and one-half (1 1/2) hours off for every hour worked. Employees may accrue no more than 96 hours of compensatory time. Compensatory time off may be taken in hourly increments. All compensatory time usage must be requested and approved a minimum of 48 hours in advance.
E. The County will advise Sergeants each day as to who on each shift will be required to do mandatory overtime if it is needed and a volunteer cannot be found. A Sergeant who is up for the mandatory overtime will be notified ninety (90) minutes before the end of his/her shift of the need for him/her to stay, as long as the County is aware of this need prior to ninety (90) minutes before the end of the Sergeant's shift, otherwise the County will advise the Sergeant as soon as possible thereafter.
F. If any sergeant volunteers, is held over or ordered to stay and work four or more hours before their shift hours start of after their shift hours end, this shall be considered a “stick” and that sergeant shall be placed on the bottom of the involuntary stick list. No sergeant shall be forced to work involuntary overtime on any day when they have the next two regular days off or any minimum of five consecutive day block off inclusive of days off. Except that these provisions shall not apply in an emergency which will not include routine staffing assignments.
G. If more than one sergeant is being held over for involuntary overtime, then the first sergeant stuck will receive the least desirable amount of time and first choice of available posts.
VI. CALL-IN TIME
A. Any Sergeant who is requested to and does return to work during periods not contiguous to his regularly scheduled shift shall be paid overtime at the premium rate of time and one-half (1 1/2) with a minimum guarantee of four (4) hours.
B. Call-in time begins when the employee arrives at his duty station and ends when his regular shift begins or when the work is completed, whichever occurs first. When a Sergeant is called in prior to the normal start time of the shift, there shall be a minimum guarantee of 2 hours at time and one-half (1 1/2) pay.
C. A Sergeant who is called in to work during his assigned shift which had been approved as vacation time, administrative time, or compensatory time shall be paid at the overtime rate and will not lose vacation, administrative, or compensatory time for the time he was called in.
D. If an employee is given a work assignment that restricts freedom of movement between work and home (e.g., protective detail, extended surveillance, etc.) the employee shall claim all hours actually assigned to the detail as hours worked. If, however, the employee is given a pager, which allows a wide latitude of movement and activity, allowing the employee to use the “on call time” for his own personal purposes, the time is not to be considered time worked.
VII. HOLIDAYS AND ADMINISTRATIVE TIME A. There shall be thirteen paid holidays, of which ten (10) shall be paid in a lump sum at the rate of time and one-half by the 15th of November of each year. The remaining three (3) holidays shall be celebrated on Thanksgiving Day, Christmas Day and New Year's Day.
B. Employees who are required to work on one of these three holidays shall receive, in addition to their holiday pay, time and one-half of the regular straight time hourly rate of pay for all hours actually worked on the holiday.
C. If any of these three (3) holidays fall within an employee's vacation period, it shall not be counted against vacation time.
D. If the day after Thanksgiving becomes a day off with pay then the employees covered by this Agreement shall be granted an administrative day off with pay to be scheduled by May 31 of the following year, unless an extension is granted by the Department Head.
E. All employees covered by the Agreement shall be entitled to three (3) administrative days off annually.
1. Administrative time may be used in increments of one (1) hour and normally should be scheduled in advance. Request for use of administrative time at the beginning of a work shift must be requested and approved in advance. A Sergeant cannot call in for use of administrative time at the beginning of his shift except as follows: one time during a calendar year a Sergeant may call in at least ninety (90) minutes before his shift and request eight (8) hours of administrative time in an emergency situation. The request must be approved, and the Sergeant must submit, upon his return to work, a signed written report explaining the emergency.
2. Employees shall make a reasonable effort to utilize administrative time during the year in which accrued. With approval from the Department Head, unused administrative time may be carried over into the next year. Unused administrative time will be forfeited at the end of the carry-over calendar year.
VIII. CLOTHING ALLOWANCE
Employees shall receive a clothing allowance to be utilized for the purchase and maintenance of uniforms. Fifty percent of said allowance shall be paid no later than April 15th and the second fifty percent no later than November 15th of each year covered under this contract. The amount of the allowance shall be as follows:
Effective 1/1/05 $1,350
Effective 1/1/06 $1,350
Effective 1/1/07 $1,400
Effective 1/1/08 $1,400.
IX. SALARIES
A. Sergeants' salaries shall be:
Effective 1/1/05 $61,274
Effective 1/1/06 $63,909
Effective 1/1/07 $66,785
Effective 1/1/08 $69,657
B. For the purpose of salary increases, all sergeants shall have an anniversary date of January 1.
C. In addition to salary, employees shall receive hazardous duty pay which shall be paid in a lump sum on or before November 15 of each year covered under this contract and is not to be included in base pay for any purpose. Hazardous duty pay shall be set as follows:
Effective 1/1/05 $1,450
Effective 1/1/06 $1,450
Effective 1/1/07 $1,500
Effective 1/1/08 $1,550
X SICK LEAVE
(Permanent/provisional employees shall be entitled to the following sick leave with pay
as accrued)
A. All employees covered under this Agreement will have fifteen (15) days sick leave each calendar year, accrued on the basis of one and one-quarter (1 1/4) working days per month. If the employee required none or only a portion of such allowable sick leave for any calendar year, the amount of such leave not taken shall accumulate to his credit from year to year and he shall be entitled to such accumulated sick leave with pay, if and when needed.
B. Sick leave for purposes herein defined means an employee's absence from duty because of personal illness by reason of which such employee is unable to perform the usual duties of his position, exposure to contagious disease and a short period of emergency attendance upon a member of his immediate family critically ill and requiring the presence of the employee.
C. If an employee is absent for five (5) consecutive working days or more than eight (8) occurrences (an "occurrence" being any continuous block of time) in a twelve (12) month period, the County may require evidence of a doctor's certificate stating the length of time the employee will be absent.
1. Employees may provide a doctor’s certificate for any illness whether it is required or not. Such doctor’s certificates shall be transmitted to the Employer’s personnel office and made a part of the permanent personnel file and will be considered prior to disciplinary action relating to sick time. Use of sick leave in connection with bereavement leave or for medically verified illness will not be considered abuse.
2. Six months after an individual is place on a “doctor’s note” list, request may be made to be removed from such list.
D. An employee who does not expect to report to work because of personal illness or for any reasons herein defined as sick leave, shall notify the operations unit during the hours of 0500 hours to 1900 hours. During any other time the employee must contact the on-duty shift commander by telephone or personal message at least ninety (90) minutes before the start of his regularly scheduled shift.
E. All employees shall be eligible for participation in the County Disability Pool program. All requests shall be given due consideration and not be unreasonably denied.
F. Any employee who "retires" from County service under the Police and Fireman Retirement System (P.F.R.S.) or Public Employees Retirement System (P.E.R.S.) shall be paid fifty (50%) of accrued sick leave, up to a maximum of $17,000 gross wage.
G. Sick Leave Bonus - There will be a perfect attendance quarterly bonus of $75 plus $200 additional for annual perfect attendance (excluding only vacation days, administrative days and other paid leave).
H. If a Sergeant has medical documentation of a family member or themselves being sick, they can use vacation, administrative or compensatory time in lieu of sick time.
XI LEAVES OF ABSENCE
A. Service credit shall continue to accrue during paid leaves of absence provided under this Agreement, but shall not accrue during unpaid leaves of absence except for Military Leave. The employee shall be entitled upon his return from leave of absence without pay, to all service credits earned up to the date the leave commenced.
B. Leaves of absence may be granted as provided by Civil Service and as otherwise noted herein.
C. A permanent employee holding a position in the classified service who is temporarily (mentally or physically) incapacitated and unable to perform his duties, or for any reason considered valid by the Department Head, desires to secure leave from regular duties, may, with the approval of the Department Head, be granted a special leave of absence without pay for a period not to exceed six (6) months which may be extended for an additional six (6) months with the approval of the Department Head. Any employee seeking such special leave without pay shall submit his request, in writing to his supervisor, stating the reasons why the request should be granted, the date when he desires the leave to begin and the probable return date to duty.
D. Military Leave
1. Military Leave with pay is afforded to permanent employees only.
2. Up to ninety (90) days leave with pay may be granted in any one calendar year for mandatory "Active Duty," or "Active Duty for Training" in the National Guard pursuant to N.J.A.C. 5A:2-2.3(b). In order to receive such leave, the employee must take any action required to insure that the employer received orders, NJDMAVA Form 33 or other such documents as may contain statements identifying the military duty as mandatory and in conformance with N.J.A.C. 5A:2-2.3(b).
3. Leave with pay shall also be granted to members of the organized reserves of the Army, Navy, Air Force, Marine Corps and other affiliated organizations for those days on which the employee is required to participate in unit training field operations pursuant to N.J.A.C. 5A:2-2.3(c). The employee must take any action required to insure that the employer receives appropriate official documentation verifying such participation in unit training field operations.
4. Pursuant to N.J.A.C. 4A:6-1.11 (b) and (c), the employer may reschedule an employee's work time to avoid conflict with military duty.
5. Military Leave without pay is afforded to permanent employees who enter the military service in time of war or emergency, or for any period of training, or pursuant to any selective service system for the period of such service.
E. Family and Medical Leave
1. Employees are covered by the Federal Family and Medical Leave Act of 1993 and the New Jersey Family Leave Act and are subject to all attendant benefits and conditions. Pursuant to appropriate law:
a. birth of a child of the employee and care of such child;
b. care of the employee's spouse, child or parent with a serious health condition;
c. a serious health condition that makes the employee unable to perform the functions of his job; or
d. placement with the employee of a child for adoption or foster care.
F. Absence Without Leave
1. Any unauthorized absence of an employee from duty shall be an absence without leave and is cause for disciplinary action.
2. Leave granted for a particular reason and used for a purpose other than that for which such leave has been granted, shall be an unauthorized absence and shall be cause for disciplinary action.
G. Bereavement Leave
1. A leave of absence with pay, of 3 days for each member of the immediate family shall be granted to a permanent employee desiring such leave because of death in the immediate family as hereinafter defined:
a. mother or father
b. mother-in-law or father-in-law
c. brother or sister
d. spouse
e. children of employee or stepchildren
f. grandmother or grandfather
g. grandchildren.
2. Additional days may be requested by the employee. Such request shall receive due consideration and not be unreasonably denied. Such two days are not part of bereavement leave, but must be charged to either vacation, administrative time or compensatory time.
H. Employees serving on jury duty may request exemption from involuntary overtime during periods of actual jury duty service. Relative to days of actual jury service, requests for 2 hour early departure and 2 hour late start shall be approved for shifts 1 and 3 respectively.
XII. VACATIONS
A. Vacation Time.
1. Employees are entitled to the following annual vacation with pay as accrued and based upon years of service:
a. up to 5 yrs. 15 days annually
b. after 5 yrs & up to 12 yrs. 18 days annually
c. after 12 yrs. & up to 20 yrs. 21 days annually
d. after 20 yrs. 25 days annually
2. Accrual. For employees who are in the year of service to increase their annual amount of vacation, specifically during the 5th to 6th yr., the 12th to 13th yr. and the 20th to 21st yr., the advanced allotment for the first 2 designated groups shall be:
a. For those hired between 1/1 and 4/30 - 3 days added to prior year’s allotment. For those hired between 5/1 and 8/31 - 2 days added to prior year's allotment.
b. For those hired between 9/1 and 12/31 - 1 day added prior to year's allotment.
3. For employees going from their 20th to 21st year, the advanced allotment shall be:
a. for those hired between 1/1 and 3/31 - 4 days added to prior year's allotment.
b. For those hired between 4/1 and 6/30 - 3 days added to prior year's allotment.
c. For those hired between 7/1 and 9/30 - 2 days added to prior year's allotment.
d. For those hired between 10/1 and 12/31 - 1 day added to prior year's allotment.
B. Vacation pay shall be paid at the employee's regular straight time rate per their job classification.
C. Vacations shall be scheduled and granted for periods of time requested by the employee in accordance with the following conditions:
1. Bids will be submitted in October through November for both five day blocks and single day blocks on a seniority basis. Effective December 1, officers are free to bid on a first come-first serve basis. If another sergeant puts in the same request within 24 hours, then the sergeant with the greater seniority will be awarded the preference.
2. With regard to requests for a single day's vacation, at least 48 hours notice shall be provided, and seniority shall resolve all conflicts.
3. The employee organization understands that the management must maintain efficient operation of the facility in the granting of leave. The following will be the maximum number of Sergeants permitted off on vacation, compensatory or administrative time per day. No more than three (3) Sergeants per day, with no more than one (1) Sergeant per shift. This paragraph does not include Sergeants assigned to the Operations, Investigations or classifications units. Sergeants that take vacation, administrative or compensatory time in a specialty position (PDU, HEDS, etc.) shall not be counted against the maximum three sergeants per day; one sergeant per shift off.
4. Employees may accumulate up to 10 days vacation leave per year for a carry-over to the following 2 subsequent years. As a result, an employee may hold up 1 year's vacation days in the "bank" in addition to the current year's allotment. Sergeants unable to utilize their vacation shall notify the Warden in writing, explaining the reasons he/she was unable to use the vacation time. The Warden may approve the Sergeant to carry over the entire 1 year allotment into the next year.
5. Sergeants removed from a specialty position and assigned to a shift shall keep their approved vacation. If this vacation coincides with another sergeant previously approved for vacation, then seniority will prevail.
6. Management will respond in writing to all requests for vacation leave within 10 calendar days from date of the employee's request.
D. If a holiday occurs during the week in which vacation is taken by an employee, the day shall not be charged to annual leave.
E. An employee separated from the service of the employer for any reason prior to taking his vacation shall be compensated in a lump sum for the unused vacation he has accrued up to the time of separation at his current rate of pay.
XIII. INSURANCE AND WORKERS’ COMPENSATION
A. Medical Insurance.
1. Effective August 1, 2003 employees and their eligible dependents shall be entitled to comprehensive medical and hospital coverage in accordance with the provisions of the New Jersey State Health Benefits Program. Employees shall be afforded a choice from among the State Health Program's plan offerings.
2. Prescription drug coverage shall be offered to all employees and their dependents in accordance with the freestanding prescription plan offered by the New Jersey State Health Plan.
3. The employees and their dependents shall also be afforded optical and dental coverage through the County's own provider contracts.
a. All of the coverage outlined above will be furnished to the employees and their dependents without premium co-pays and shall extend at least throughout the duration of this agreement and through the completion of negotiations for a successor Agreement.
b. The Union and County agree that they will reopen negotiations should any coverage provision for medical, optical or dental care change during the time frames of this contract.
4. Employee, as used herein, means a bargaining unit member who works 20 or more hours a week. Your eligible dependents, for comprehensive medical, hospital and prescription coverage under the New Jersey State Health Benefits Program are currently defined as your spouse and/or your unmarried children under age 23 who live with you in a regular parent-child relationship. This includes children who are away at school as well as divorced children living at home and dependent upon you for support. Eligible dependents for optical and dental coverage are defined by the County's provider contracts.
B. Health Benefits at Retirement. An employee who retires shall be eligible for County paid health benefits coverage for himself/herself and eligible dependents for 3 years after retirement, commencing with the employee’s retirement date. Retirement is currently defined in accordance with N.J.S.A. 40A:10-23 as having 25 years or more of service credit in the State Pension Plan and a period of service of up to 25 years with Atlantic County at the time of retirement or upon reaching the age of 62 or older and having at least 15 years of service with Atlantic County. Health benefits coverage is defined as the coverage currently in force at the time of retirement and any changes to such coverage as may occur during the 3 year period of employer-paid coverage. Any employee of the bargaining unit hired on or before January 1, 1990 shall be entitled to five (5) years of health benefits coverage for himself/herself and eligible dependents after retirement, commencing with the employee's retirement date.
C. Leaves of Absence - When an employee is granted a leave of absence unrelated to any Family and Medical Leave Act, the coverage of that employee and his dependents will be terminated unless the employee reimburses the County in full for the monthly premiums as they become due during such leave of absence. Employees can then re-enroll with the County group upon returning from the leave of absence. In no event can this period of reimbursed coverage exceed 6 months. Any employee who goes to an unpaid status for 15 or more calendar days is liable for payment of the monthly premiums retroactive to the first day of unpaid status.
D. Effective August 1, 2003, eligible employees and their families will be offered temporary extension of health coverage called continuation coverage under the COBRA provisions of the New Jersey State Health Benefits Program.
E. Workers' Compensation.
1. If an employee of this unit is injured on duty during working hours, he/she will be entitled to Worker's Compensation benefits as set forth in NJSA 34:15.
2. Employees disabled or injured in the course of their employment shall receive the difference between their regular rate of pay and disability or worker’s compensation payments that they receive for a period not to exceed one (1) year.
XIV. GRIEVANCE PROCEDURE
A. 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.
B. Nothing herein will be construed as limiting the right of any employee having a grievance to discuss the matter informally with any appropriate members of the Department.
C. The term "grievance" as used herein, means any controversy arising over (1) the interpretation, application or alleged violation of the terms and conditions of this Agreement, or (2) any controversy arising out of policies or administrative decisions affecting the terms and conditions of employment. A "grievance" may be raised by an individual, or a group of individuals.
D. 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 written consent:
1. Step 1: the grievance shall be submitted in writing to the Division Director within 10 calendar days of the occurrence of the grievance. The Division Director shall submit a written answer to the local representative of the grievant within 7 calendar days of the submission date.
2. Step 2: If the grievance is not satisfactorily adjusted at Step 1, the Local may appeal to the Department Head within 5 calendar days after the receipt of the written answer in Step 1. The department head will review the grievance and submit his position in writing within 5 calendar days of submission to Step 2.
3. Step 3: If the grievance is not satisfactorily adjusted at Step 2, the Local may appeal to the authorized representative of the County Executive within 5 calendar days after receipt of the written answer in Step 2. The representative shall submit a written answer to the grievance within 5 calendar days after submission to Step 3. Policy grievances affecting substantial numbers of employees covered by this Agreement may proceed directly to Step 3.
4. Step 4: If the grievance is not settled through Steps 1, 2 or 3, and only if the grievance alleges a violation of the terms and conditions of this Agreement, then the grievant shall have the right to submit the dispute to arbitration pursuant to the rules and regulations of the Public Employment Relations Commission within 10 days of the date on which the response of the representative was received or should have been received. The costs for the services of the arbitrator shall be borne by the party against whom the arbitrator decides. Any other expenses, including, but not limited to
the presentation of witnesses, shall be paid by the parties incurring same.
a. 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. The arbitrator shall not have the authority to add to, modify, retract from or alter in any way the provisions of this Agreement or any amendment or supplement thereto. The decision of the arbitrator shall be binding.
E. The designated Association representatives shall be permitted as members of the grievance committee to confer with employees and the County 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 the Atlantic County Department of Public Safety or require the recall of off-duty employees.
F. The time limits expressed herein shall be strictly adhered to. If the 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 thereunder, 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 in writing to extend or contract the time limits provided for processing the grievance at any step in the procedure.
G. In the event the aggrieved elects to pursue remedies available through Civil Service, the grievance shall be cancelled and the matter withdrawn from this procedure. It is agreed between the parties that no arbitration hearing shall be held until after the expiration of at least 30 calendar days after the decision rendered by the County Executive's designated representative on the grievance. In the event the grievant pursues his remedies through Civil Service, the arbitration hearing, if any, shall be canceled and the filing fees and expenses incurred thereby shall be paid by the grievant or the Association.
XV. TRAINING AND SECURITY
A. The employer shall provide an ongoing program of 40 hours per year of in-service training. All employees who work in direct and continuing contact with inmates
shall receive training as mandated by the Department of Public Safety to include chemical agents and methods of applying force. In addition to the above, firearms training shall be provided for personnel required to use firearms.
1. Supervisory Training will be given to all Correctional Sergeants as part of the 40 hours of in-service training. This will be accomplished during 16 hours of training scheduled during a minimum of 4 hour blocks and will not be part of the 32 hours of training given during roll call training.
2. An advisory committee on training shall be established and will consist of 2 Sergeants selected by FOP 112 and 2 employer representatives selected by the County. This body will meet quarterly, if requested by either party, to discuss and review training.
B. A health and safety inspection of the justice facility shall be completed monthly by the Division Director of Adult Detention. His written report shall be filed with the Department Head and available to the FOP upon request.
XVI. FRINGE BENEFITS A. Employer shall make available to each employee a physical examination at least once annually upon the request of the employee or employer. The employee may be given a psychological examination in the discretion of the Department Head and at County expense. The County will provide, at its expense, medical screening for any employee who, after being exposed to a contagious disease, as part of his employment, either shows symptoms, or who was so exposed under unusually dangerous conditions. If the employee tests positive, the County will provide, at its expense, medical screening for the employee's immediate family (i.e., those who reside with the employee). Contagious diseases, for the purposes of this section include: AIDS, hepatitis, mononucleosis, strep infection, tuberculosis and herpes.
B. The employer shall hold each employee harmless from any loss, claim or liability to pay third person or persons arising out of any non-neglect action or failure to act by any employee in the course of his employment. This means an employee is not held harmless if his conduct is negligent, reckless, knowing or purposeful. The employer shall reimburse any employee for all necessary and reasonable expenses, including legal fees, incident to the defense of any such claim; however, the County shall provide a pool of attorneys from which the employee may choose.
C. Employer agreed to grant time off without loss of regular straight time pay to either the State Trustee of the President of the Association (or appointed alternate) for the purpose of attending regularly scheduled or emergency meetings of the State Association provided at least 48 hours notice is given to Employer. The Association shall designate the State Trustee at the beginning of each year. If the President of the Association desires to attend the same meeting as the State Trustee, the President is required to “swap” time with another Sergeant. This arrangement shall also apply to attendance by the local representatives at the Association’s state and national annual conventions. Employer will permit one Association representative time off with pay to attend monthly meetings up to a maximum of two and one half hours.
D. An employee has the right of access to the County's official personnel file kept for the employee and all records as may be kept by the employer or his agents, pertaining to the employee, and the employer shall permit the employee to respond in writing to any document in said file within 6 months of its being placed therein. This response shall be attached to the particular document or instrument concerned and be made a permanent part thereof. The employer agrees to provide the employee a copy of any document or instrument contained in said files upon the request of the employee. No unsigned document or instrument (except for regular employment records which by their nature require no signature) nor any document or instrument of unknown or questionable origin shall be used against any employee in disciplinary matters.
E. Any employee required to appear, by the County, in court on departmental business during off-duty hours shall be paid for that time measured from the time of leaving the Gormley Justice Facility to the courthouse and back.
F. Any Sergeant who attains the following degrees from an accredited college shall receive an educational bonus, not added to base, as follows:
Associate's Degree - $250. - Bachelor's Degree - $500.
In order to receive such bonus for a degree obtained after January 1, 1991, the degree must be directly job related or job essential. Proof of receipt of such degree must be submitted at least 2 pay periods prior to payment date, such date being the first pay day in December.
G. When the County Executive (or his designee), or the Governor, makes a declaration that the County offices are closed due to a weather emergency, all employees who work 4 or more hours when such an emergency declaration exists shall receive a $50 bonus. In any case where an employee reports late because of the weather emergency, such employee may be required to work a full eight hour shift starting with their time of arrival and such late arrival may not, depending on the circumstances, be counted against the perfect attendance bonus or subject to discipline.
H. Exchange of hours of duty between employees may be requested. Such requests will be given due consideration and not be unreasonably denied provided such requests have been submitted in writing and approved 48 hours in advance of the "swap".
I. In the event of an employee's death, his estate or legal representative shall be paid at the employee's current rate of pay for all holidays, vacation days or other compensatory time, as provided in this Agreement, earned as of the date of death.
J. In the event of an employee's termination, all holidays, vacation days or other compensatory time, as provided in this Agreement, shall be paid at the employee's current rate of pay.
K. When employees (up to 3) are scheduled by the parties during working hours to participate in negotiations or grievance proceedings, such employees shall suffer no loss in pay or benefits. The preceding, however, is subject to staffing requirements.
L. Employees shall be entitled to Association representation when they are summoned to meet with management regarding such employee’s discipline.
XVII. MANAGEMENT'S RIGHTS
A. It is the right of the employer:
1. to determine the standards for the selection of employees according to Civil Service Rules and Regulations;
2. to direct the employees;
3. to maintain the efficiency of County operations;
4. to take all necessary actions to carry out the Department's responsibilities in emergencies;
5. to exercise complete control and discretion over the organization and the technology of performing the work;
6. To develop and assign all work schedules pursuant to the terms of this Agreement.
B. It is understood and agreed that the employer, in his sound discretion, possesses the right, in accordance with applicable laws, to manage all operations including the direction of the work force and the right to plan, direct and control the operation of all equipment and other property of the County Department of Public Safety, except as limited by this Agreement. Matters of inherent managerial policy are reserved exclusively to the employer. These include, but shall not be limited to, such areas of discretion in policy as the functions and programs of the employer including, but not limited to standards of service, the overall budget, utilization of technology, the organizational structure and selection and utilization of personnel. The listing of specific rights in this Article is not intended to be nor shall be considered restrictive or a waiver of any of the rights of management not listed herein.
XVIII. EMPLOYEES’ RIGHTS
Employee's rights shall include, but not be limited to, the following:
A. Political Activity. Except when on duty or acting in an official capacity, no employee shall be prohibited from engaging in political activity.
B. Advice of Rights. All members of the force are citizens of the United States and of the State of New Jersey and, as such, are entitled to all the rights and privileges guaranteed by the Constitutions and laws of the United States and of the State of New Jersey. Sergeants also hold a unique status as public officers involved in the exercise of a portion of the police powers of the County. In an effort to ensure that investigations and/or interrogations of Sergeants are conducted in a manner which is consistent with both of these principles, the following practices and procedures are hereby adopted whenever a Sergeant is the subject of investigation and/or interrogation by the Warden, a commanding officer, or other officer of the Division and/or Department for any reason which could lead to criminal charges or disciplinary action.
1. An employee has the right not to incriminate himself by answering questions, oral or written, propounded to him in the course of the investigation, nor shall employees be compelled to give a statement, oral or written, relating to said investigation without first being read and having waived their Miranda rights if the allegation under investigation is criminal in nature.
2. At any point during an investigation an employee has the right to retain counsel of his choice, at his expense, and to have said counsel present to advise at all stages of the proceeding or interrogation of the employee.
3. At the request of the employee, an employee organization representative will be present at any interrogation of the employee. The representative's purpose shall not be to interfere with the interrogation and/or investigation, but to witness the conduct of said procedure and to advise the employee as to his rights under this article.
4. Any interrogation of an employee shall be conducted at a reasonable hour, preferably at a time when the employee is on duty, with reasonable notice being given, unless the seriousness of the investigation is such that an immediate interrogation is required. If such an interrogation does occur during the off-duty time of the employee being interrogated, the employee shall be compensated for such off-duty time in accordance with the provisions of the contract.
5. The interrogation shall take place at a location designated by the warden or his designee, including the investigating officer. Unless the circumstances of the investigation dictate otherwise, the location shall usually be at one of the following: the Warden's office; the office of the investigating officer; at the facility at which the employee is employed; at a location mutually agreeable to the interrogating officer and the employee under investigation; the location where the incident allegedly occurred, in which case no non-employee complainant shall be allowed to be present during the interrogation.
6. The employee under investigation shall be informed of the nature of the investigation before any interrogation begins. The employee shall also be informed no later than the commencement of the interrogation of the name, rank, and command of the officer in charge of the investigation, the interrogating officer and all persons who will be present during the interrogation.
7. All complaints must be reduced to writing as soon as possible during the course of the investigation. The writing shall include the nature of the investigation, the names and addresses of all complainants, provided, however, that the investigating officer or a commanding officer may be the complainant. In the event that the name of the actual complainant is unknown to the Department, or if the Department believes that the name of the complainant must be withheld, given the circumstances of the investigation, then the Department will so inform the employee, and the reasons why the name of the complainant is not being given. If as a result of an investigation, disciplinary charges are filed against the employee, the charges shall be in writing and the name of the complainant must be included in the written charge.
8. The interrogation sessions shall be reasonable in length, and reasonable breaks shall be allowed for personal necessities, meals, telephone calls, and rests as are reasonably necessary. The employee under interrogation shall not be subject to any offensive language, nor threatened with transfer or any disciplinary action. No promise, reward, or favorable treatment shall be made as an inducement to have the employee answer questions. However, nothing herein shall be construed to prevent the investigating officer from informing the employee of the possible consequences of the acts under investigation.
9. The Department shall not cause an employee to be subjected to visits by the press or other news media without the employee's express consent, nor shall the employee's home address, telephone number or photograph be given to the media without the employee's express consent.
10. If the interrogation is recorded, either by audio or visual recording, then all portions of the interrogation shall be so recorded, and the employee, if he requests, shall be provided with a copy of the recording at the employee's expense.
11. In the course of any investigation and/or interrogation, the employee shall have the right to provide the names of witnesses who shall be interviewed by the investigating officer. Prior to the conclusion of the investigation, the employee shall have the right to provide a statement for the record, which statement shall be made a part of the investigation.
12. Whenever the result of any investigation and/or complaint is that the officer is exonerated, the charges are deemed unfounded, and/or the charges are for any reason dismissed, such file shall not in any way be used against the employee in any personnel, disciplinary, or any other administrative action being taken with respect to the employee's employment, including promotion.
13. No employee shall be compelled to submit to a polygraph examination without his express written consent, and no disciplinary action or other adverse or punitive action shall be taken against an employee for refusing to submit to such a polygraph examination.
14. Nothing in the foregoing shall abridge the right of the Warden, commanding officer, or supervisor to counsel with, advise, or admonish an employee under his command/supervision in private, nor shall anything in the foregoing abridge the right of the Warden and of the Department to initiate discipline, as long as it is handled in a manner consistent with the protections set forth in this contract.
15. No dismissal, demotion, transfer, suspension, reassignment, denial of promotion or reassignment, or any other disciplinary action shall be taken against any employee by reason of his lawful exercise of the rights and privileges guaranteed by the Constitutions and laws of the United States and of the State of New Jersey and/or the rights guaranteed herein, or elsewhere in this contract.
C. Suspensions. No employee shall suffer a suspension from duty with or without pay unless the suspension shall meet the requirement of the guidelines set forth by the Departmental regulations, Title 40A, and the Civil Service Law and regulations, and any other applicable law.
D. Outside Employment. No employee shall be denied the opportunity to participate in secondary employment, subject to the Division's/Department's right to restrict employment in such areas where a conflict of interest would exist.
E. Liability Insurance. The employer will defend and indemnify each and every employee against civil suits arising from their employment to the extent permitted by law. Members of FOP 112 agree to cooperate in the defense of any such claims.
F. Reservation of Rights. Nothing contained within this article, nor this contract, shall limit or negate any right provided by or conferred upon any employee by any federal, state, or local law, regulation, arbitration or judicial decision. Reference is hereby made to Public Law 1996 Chapter 115.
XIX. LONGEVITY
The following longevity provisions will apply to all employees covered by this Agreement.
1st day of 6th through and including last day of 10th year: $1,000
1st day of 11th year through and including last day of 15th year: $1,350
1st day of 16th year through and including last day of 20th year: $2,000
Starting 1st day of 21st year and continuing thereafter: $2,800.
XX. SAFETY, HEALTH AND ADMINISTRATION
A. The employer shall provide employees with any wearing apparel, tools or devices reasonable necessary in order to insure their safety, health and security. Any equipment that is mandatory by the department or equipment that is needed to properly perform the functions or duties, as well as if assigned to any specialized areas, teams or functions within the department shall be furnished by the County.
XXI. FULLY BARGAINED AGREEMENT
A. Both parties acknowledge this Agreement represents all appropriate bargainable issues. This Agreement incorporates all rights and obligations assumed by each to the other as a result of the collective bargaining process. This agreement represents and incorporates the complete and final understanding and settlement by the parties regarding all bargainable issues, with the exception of those issues which are subject to the reopening of this Agreement as specifically provided for within the terms and conditions of this Agreement, or those issues which may or could arise at a later date during the life of this Agreement which both parties recognize, by mutual consent, should or must be made a part of this Agreement.
XXII. SEPARABILITY AND SAVINGS
A. If any provision of this Agreement or any application of this Agreement to any employee, member or group of employees or members, is held to be invalid by operation of law by the decision of any court or other tribunal of competent jurisdiction, then such provision and application shall be deemed inoperative. However, all other provisions and applications contained herein shall continue in full force and effect, and shall not be affected thereby.
B. Nothing contained herein shall be construed as denying or restricting any employee's rights available under any other applicable laws and regulations.
C. The provisions of this Agreement shall be subject to and subordinate to State Law, but nothing contained herein shall be deemed to subordinate this contract to County Ordinances.
XXIII. 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. This Agreement shall continue in full force and effect from year to year thereafter, unless one party or the other gives notice; in writing, not later than 60 days prior to the expiration of this Agreement. Any Agreement so negotiated shall apply to all employees, shall be reduced to writing and shall be signed by the parties.
XXIV. PRORATION AND RETRO ACTIVITY OF PAYMENTS
A. During the initial year of service in the bargaining unit employees having entitlements shall receive pro rata payments for allowances, stipends, reimbursements and longevity. Proration shall commence with the date of entrance into the unit and end on December 31st, of that year.
B. Employees on unpaid leaves or suspension shall have NO entitlements to allowances, stipends, reimbursements and longevity during the period of the unpaid leaves or suspension.
C. Retroactive payments, of any kind, including salary increases, will not be made for those employees who separate from employment prior to the date on which payment is issued. The preceding sentence DOES NOT apply to retirees who retire during the life of this agreement under Article XIII.
IN WITNESS WHEREOF, the parties hereunto set their hands and seals below:
COUNTY OF ATLANTIC
By:______________________ _______ By:_____________________ _______
Dennis Levinson Date James F. Ferguson Date
County Executive County Counsel
THE FRATERNAL ORDER OF POLICE, ATLANTIC LODGE #112
By:__________________________ _______ By: ________
Sgt. Jason Stowe Date Sgt. James Allen Date
Union President & Negotiations Rep.
Negotiations Rep
By: ________
Steven D’Ambrosio Date
Negotiations Rep. |