CONTRACT
BETWEEN
THE BOROUGH OF WOODBURY HEIGHTS
AND
AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES
AFL-CIO
DISTRICT COUNCIL 71
LOCAL 3858A
EFFECTIVE
January 1, 2004 to December 31, 2007
PREAMBLE
This agreement entered into by the Borough of Woodbury Heights, hereinafter referred to as the "Employer" , and the American Federation of State, County and Municipal Employees, hereinafter referred to as the "Union" , has as its purpose the promotion of harmonious relations between the Employer and the Union; the establishment of equitable and peaceful procedure for the resolution of difference and the establishment of rates of pay, hours of work and other conditions of employment.
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ARTICLE 1
RECOGNITION
SECTION 1: The employer recognizes the Union as the sole and exclusive representative regarding terms and conditions of employment for the following classes of employees:
Police Clerk Deputy Tax Collector
Utility Clerk Deputy Utility Clerk
Construction Code Clerk Zoning Officer
Crossing Guard Laborer II
Deputy Treasurer Laborer IV
Laborer I Deputy Court Clerk
Laborer III
Property Maintenance Code Official
Administrative Clerk
Principal Utility and Account Clerk
Fire Official Clerk
Accounts Clerk
The above classifications exclude managerial executives, supervisors, confidential employees, temporary employees and professional and craft employees as defined by the act. Additionally, probationary employees are excluded with probationary employees defined as those having less than ninety (90) days of employment and as otherwise governed by the terms of Ordinances of the Borough of Woodbury Heights.
It is recognized that some employees serve in multiple titles and classes of employment whereby one or more of such job classes are covered by the terms of this agreement and others are not. In all such cases, such employees shall be considered among the classes of employees represented by the collective bargaining agent only if their principal employment is within the covered class. Principal employment shall mean, for the purpose of this agreement, that job or duty or responsibility that is primary to the employment and to which such employee devotes the majority employment time and effort.
As used in this agreement, "full time" employment or employee means employment with scheduled, regular work hours of 37.5 hours or more per week. Part-time employment or employee means scheduled, regular work hours of less than 37.5 hours per week.
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COURT CLERK
THIS PAGE INTENTIONALLY LEFT BLANK
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ARTICLE II
CHECK OFF
SECTION 1: The employer agrees to deduct the monthly Union membership dues from the pay of those employees who individually request in writing that such deduction be made. The amounts to be deducted shall be certified to the Employer by the Treasurer of the District Council #71, and the aggregate deductions from all employees shall be remitted to the Treasurer of the Union together with a list of names of all employees for whom the deductions were made, by the tenth (10th) day of the succeeding month after such deductions were made. The revocation of this authorization shall be in accordance with the provisions of applicable statutes as presently exist, or as may be amended.
SECTION 2: Any employee in the bargaining unit who shall not join the union within (90) days of initial employment within the unit shall, as a condition of employment, pay a representation fee to the union by automatic payroll deduction. The representation fee shall be in the amount equal to 85% of the regular union's membership dues, fees and assessments as certified to the employer by the union. The union may revise it's certification of the amount of the representation fee at any time to reflect the changes in the regular union membership dues, fees and assessments.
The union's entitlement to the representation fee shall continue beyond the termination date of the agreement so long as the union remains the majority representative of the employees in the unit, provided that no modification is made in this provision by a successor agreement between the union and the employer.
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ARTICLE III
GRIEVANCE PROCEDURE
SECTION 1: Any grievance or dispute arising between the parties with respect to the application, meaning or interpretation of the provisions contained in the Agreement, also all other term and condition of employment, shall be settled in the following manner:
STEP ONE: The employee shall take up the grievance or dispute in writing to the employee's immediate supervisor within ten (10) working days of its occurrence, or knowledge thereof. The immediate supervisor shall try to adjust the matter and shall respond to the employee or steward within five (5) days of submission in writing.
STEP TWO: If the grievance still remains unadjusted, it shall be presented by the steward to the Council person in charge of the department, in writing, within (5) days after response from the immediate supervisor. This person shall meet with the Shop Steward (Chapter Chairperson) and respond in writing within ten (10) days after its submission.
STEP THREE: If the grievance remains unsettled, the grievance may within Thirty (30) working days from the reply of the Council Person in charge, proceed to arbitration.
ABRITRATION PROCEDURE
The Union and the Employer agree to use the services of the New Jersey Public Employees Relations Commission (hereinafter referred to as "PERC").
A request will be made by the Union to PERC to submit a roster of persons qualified to function as an arbitrator in the dispute in question.
If the parties are unable to determine a mutually satisfactory arbitrator from the submitted list within ten (10) working days of the initial request for arbitration, PERC will be requested by either party to designate an arbitrator.
The arbitrator shall limit themselves to the issue submitted to them and shall add nothing to, nor subtract anything from the agreement.
The arbitrator shall be directed to issue his/her decision within thirty (30) days after the conclusion of testimony and argument. The recommendations of the arbitrator shall be final and binding on both parties.
The costs of arbitration shall be paid jointly by the parties, each paying one-half
(1/2) thereof. No employee shall be denied his compensation for his/her appearance as a witness in accordance with Article.
All other costs shall be paid by the party incurring them.
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ARTICLE IV
EMPLOYEE RIGHTS
SECTION 1: An employee shall be entitled to Union representation at each and every step of the grievance procedure set forth in this Agreement.
SECTION 2: An employee shall be entitled to Union representation at each and every step of a disciplinary hearing.
SECTION 3: No employee shall be required by the Employer and/or its agents to submit to an interrogation which may reasonably lead to disciplinary action unless the employee is afforded the opportunity of Union representation.
SECTION 4: No recording devices or stenographer of any kind shall be used during any meeting unless both the Union and the Employer agree to their use, prior to such meeting, in writing.
SECTION 5: An employee shall not be coerced or intimidated or suffer any reprisals either directly or indirectly that may adversely affect his hours, wages or working conditions as the result of the exercise of his/her rights under this Agreement.
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ARTICLE V
MANAGEMENT RIGHTS
SECTION 1: The employer, on its own behalf and on the behalf of the tax payers of the Borough of Woodbury Heights, hereby retains and reserves unto itself, without limitations, all powers, rights, authority, duties and responsibilities conferred upon and vested in it by the laws and the constitution of the State of New Jersey and of the United States, including, but without limiting the generality of the foregoing, the rights as follows:
To exercise executive management and administrative control of its employees
and its properties and facilities and the activities of its employees while on duty.
To hire all employees and, subject to the provisions of the law, to determine
their qualifications and the conditions for their continued employment or their
dismissal or demotion and to promote and transfer all such employees.
SECTION 2: The exercise of the foregoing powers, rights, authority and duties and responsibilities by the employer, together with the adoption of policies, rules, regulations and practices in the furtherance thereof, and the use of judgment and discretion in the connection therewith shall be limited only by the specific and express terms of this Agreement and then only to the extent that such specific and express terms hereof are in conformance with the laws and constitution of the State of New Jersey and of the United States.
SECTION 3: Nothing contained herein shall be considered to deny or restrict the employer of its rights, responsibilities and authority under New Jersey Law or any other national, state, county or local regulation.
SECTION 4: Nothing in this Agreement which changes pre-existing employer policy, rules or regulations shall operate retroactively unless expressly so stated. Further, if the Borough has permitted any past violations of the Agreement such shall not be construed as a waiver of any future violations nor shall such be considered a modification of any future practices.
SECTION 5: As part of Collective Bargaining negotiations, each of the parties recognizes management’s right to modify job titles, duties and salaries for existing job titles of “water and sewer clerk” and Administrative Clerk” during calendar year 2001 without further negotiation between the parties and on the condition that such modifications shall not violate any terms and provisions of this Agreement.
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ARTICLE VI
SENIORITY
SECTION 1: Seniority is defined as an employee's total length of service with the Employer, beginning with his/her most recent date of hire.
SECTION 2: If a question arises concerning two or more employees who were hired on the same date, the following shall apply: If hired prior to the effective date of this Agreement, seniority preference among such employees shall be determined by the order in which such employees are already shown on the employer's records, first name, first preference, etc. For employees hired on the same date, subsequent to the effective date of this Agreement, preference shall be given in alphabetical order (of the employees last name).
SECTION 3: Employer shall maintain accurate, up-to-date records demonstrating the date of hire, classification and pay rate of each employee covered by this Agreement and the employer shall furnish copies of the same to the Union upon reasonable request.
SECTION 4: In cases of demotions, layoffs, recalls, vacation schedules or lateral transfers of the employees, seniority shall be considered as a factor therein. However, nothing herein contained shall be construed to make or consider seniority as the sole or exclusive factors in such cases. Both parties recognize that skill, ability, and unexcused absences take preference over seniority in such cases.
SECTION 5: The employer agrees with the concept of upward mobility meaning that consideration of employees for promotions shall include due consideration to skill, unexcused absences, ability and seniority.
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ARTICLE VII
OUT-OF-TITLE WORK
SECTION 1: Any employee performing work in a higher paid classification shall be compensated at the higher rate. However, the provisions of this section shall only apply in those cases where a non-supervisory employee performs work in a supervisory capacity. If such employee works in a supervisor capacity, for (3) three or more consecutive days, then retroactive pay shall be made at the higher rate.
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ARTICLE VIII
DISCIPLINARY CAPACITY
SECTION 1: All employees shall be subject to disciplinary action, including discharge, in accordance with applicable law and/or regulations.
SECTION 2: Written notice of disciplinary action shall be given to the employee and to the Chapter Chairperson. The notice shall contain the reason for the disciplinary action and the nature of the discipline.
SECTION 3: The name of any employee who is notified of suspension, or dismissal pursuant to Section 2, shall be transmitted to the Union promptly, but not later than forty-eight (48) hours after such notice.
SECTION 4: Any employee covered by the Agreement shall have the right to appeal any discipline through the grievance procedure of this Agreement.
SECTION 5: The employer agrees to the principle of progressive discipline, where applicable, but both parties recognize that the severity of the employee action, violation or failure to perform job duties shall govern the type of severity of discipline of all employees.
SECTION 6: Discipline shall generally, without limitation, be applied in the following steps:
(1) Oral warning
(2) Written warning
(3) Minor disciplinary action (1 to 5 days)*
(4) Major disciplinary action (over 5 days)*
(5) Termination, after hearing
*Note: Loss of pay for a specified period of time as indicated including suspension from employment
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ARTICLE IX
JOB POSTING
SECTION 1: Any vacancies or newly created positions in the Borough with respect to covered classes or employees shall be posted prominently for five (5) working days. The posting shall include the classification, salary, description of job duties, qualifications, shift assignments, scheduled days off and the procedures to be followed by employees interested in applying for such positions.
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ARTICLE X
OVERTIME/CALL-IN TIME
SECTION 1: Time and one half (1/2) shall be paid to full time non-clerical employees for all work performed under the following conditions:
(a) All work performed in excess of eight (8) hours per day if such
results in work in excess of forty (40) hours per week;
(b) All work performed after forty (40) hours per week;
(c) All work performed on Saturday, unless scheduled and not
in excess of forty (40) hours, or after completion of the sixty
consecutive day of work;
SECTION 2: Time and one half (1/2) shall be paid to clerical employees for all work performed after 37.5 hours per week with the exception of the police clerk who must perform 40 hours of work per week to be paid overtime
SECTION 3: Time and one half (1/2) shall be paid to all employees who perform work on Sunday, unless such work is scheduled and not in excess of forth(40) hours per week, or for the seventh (7th) consecutive day of work.
SECTION 4: At an employees request with approval of the appropriate Council
Chairperson, comp time may be granted in lieu of over time payment.
SECTION 5: Insofar as practicable, overtime shall be distributed equally among qualified employees within the same classification and within the same department. Overtime will be rotated with the most senior qualified employees in descending order being given the opportunity of working such overtime.
SECTION 6: Employer shall provide the union, upon reasonable request, records demonstrating overtime worked b all covered employees.
SECTION 7: Overtime shall be paid not later than the second pay period subsequent to the overtime performed.
SECTION 8: All paid time off (such as vacation time, holidays, sick time and personal days, if any) shall be considered time worked, for the purpose of computing overtime pay.
SECTION 9: No overtime work shall be performed or paid unless such work was authorized by the employees immediate supervisor.
SECTION 10: In emergency circumstances, an unreasonable refusal to work overtime shall be cause for disciplinary action, for the purpose of this Agreement, to be within the sole discretion of the employer reasonably exercised.
SECTION 11: CALL IN TIME
Any employee who returns to work during period other than his or her regularly scheduled shift, shall be guaranteed pay for two (2) hours at the appropriate overtime rate of pay, regardless of the number of hours actually worked.
With regard to Public Works Employees only, a schedule shall be distributed on a monthly basis for the “on-call” pager schedule. This schedule shall indicate employees
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on call for a given week with such assignment to be equally distributed among the Public Works employees, on a rotating basis, throughout a calendar year with the most senior (seniority) employee to be scheduled first in each calendar year. If an employee on the schedule is unable to perform such duty assigned, the senior-most employee shall be offered such opportunity with such offerings to continue along a seniority basis. In the event that a call-out warrants a second employee to work, the senior-most qualified employee shall be offered the opportunity to work. This procedure shall be repeated for each emergency call-out duty. Employees “on call” are guaranteed pay of two (2) hours per scheduled week regardless of the time actually worked.
SECTION 12: PUBLIC WORKS SNOW REMOVAL
(a) On any occasion that employees of the Public Works Department are called in for snow removal duties and the snow removal shift extends to 4:00 A.M., or later, such shift employees will have their regular shift of employment commence not earlier than four (4) hours after the termination of their snow removal shift.
(b) During snow removal shifts, Public Works Department employees shall be provided with a warm rest area during authorized breaks.
(c) Public Works employees shall receive a reimbursement for meals during snow removal shifts (outside of their regular, scheduled shifts) not to exceed $15.00 per shift with presentation of receipts.
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ARTICLE XI
HOURS OF WORK
SECTION 1: The regularly scheduled full-time work week shall consist of forty (40) hours per week, Monday through Friday, for the employees in the following classifications: Laborer I, Laborer II, Laborer III, Laborer IV. The regularly scheduled full-time work week for the court clerk and utility clerk shall consist of thirty-seven (37) and one half (1/2) hours per week, Monday through Friday.
SECTION 2: In the absence of an emergency, the employer shall provide ten
(10) working days advance notice to any employee whose schedule is being modified.
SECTION 3: All Employees shall be entitled to a one hour lunch period of which thirty (30) minutes shall be unpaid per each scheduled work day. No additional breaks or release time for breaks shall be scheduled during any work day.
SECTION 4: All Employees with the Public Works Department shall have work
hours in accordance with the following schedule:
(a) Monday to Friday from 6:00 A.M. to 2:30 P.M. from Memorial Day to
Labor Day
(b) Monday to Friday from 7:00 A.M. to 3:30 P.M. from Labor Day to
Memorial Day
CROSSING GUARDS: Generally, the parties acknowledge that crossing guards have an average work week of fifteen (15) hours. The parties also acknowledge that these hourly employees are subject to the schedule of the schools, not the employers, and that any hours worked over fifteen (15) are not guaranteed for pay and any hours in excess of fifteen (15) do not generate over-time pay unless worked more than eight (8) hours per day or forty (40) hours per week.
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ARTICLE XII
UNION VISITATION / BUSINESS
SECTION 1: AFSCME Council 71 and/or International Union Representatives, when arriving on the Employer's premises, shall first announce his/her presence to the Supervisor at the location. The Supervisor shall grant a reasonable period of time for the visitation. However, work in progress at the time of visitation will be continued until completed, the visitation then taking place prior to the beginning of the next work assignment.
SECTION 2: A designated employee representative of the Union will be permitted reasonable time with no loss of pay for the purpose of handling representational matters limited to the investigation of grievances, disciplinary hearings and meetings with representatives of the employer.
SECTION 3: The employer, with thirty (30) days written advanced notification, shall provide release time of up to five (5) days, without pay, to one employee per year for the purpose of attending union conventions.
SECTION 4: The Chairperson of the Local shall be permitted 4 non-consecutive days per calendar year to attend Council 71 meetings after 14 day written notification.
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ARTICLE XIII
MATERNITY LEAVE
SECTION 1: Request for maternity leave shall be made in writing no later than the third (3rd) month of pregnancy.
SECTION 2: Except for reasons of health or inability to perform her job, the pregnant employee shall be permitted to work, provided the attending physician approves and so advises in writing.
SECTION 3: Such employees shall be granted her entitlement of sick leave and any accumulated time during the time prior to the expected date of confinement and for one month after the actual date of birth. Any additional time beyond the one month period shall be granted for reasons of the employee's individual health upon presentation of a doctor's certification setting forth the necessity thereof limited, however, to one additional month. The employer shall have the right to have the employee, in such circumstances, submit to a physical examination of a physician designated by the employer and at the employer's cost.
In the event that any state or federal law, rule, or regulation shall be adopted which may govern maternity leave, such enactment shall govern the maternity leave herein provided except in such case that such enactment may provide lesser benefits than are herein provided.
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ARTICLE XIV
UNIFORM / CLOTHING
SECTION 1: The Borough agrees to supply and clean the following uniform to full-time street and water/sewer department employees only:
5 tee shirts Annually
1 winter jacket
1 pair of safety shoes or boots
1 pair of gloves
1 coverall
1 set of rain gear (to include: rubberized hat
jacket, pants and gloves) The Employer agrees to replace the above items as needed except replacement for abuse. All employees must report for work dressed in the designated uniform and, in failure thereof, such may be cause for disciplinary action. Further, all employees shall utilize such uniform only during working hours.
Employees shall receive an allowance of $300.00 per year, paid quarterly, for the purpose of maintenance, cleaning, replacement, etc. of work clothing with the employee to supply blue jeans from such allowance. This allowance will increase, as follows:
2005…………………………………….$325.00
2006…………………………………….$350.00
2007…………………………………….$375.00
SECTION 2: The Borough agrees to supply the following to all school crossing guards:reflective vest
winter coat
raincoat All crossing guards may be required to utilize a uniform that may, from time to time, be designated by the Borough of Woodbury Heights Chief of Police.
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ARTICLE XV
BEREAVEMENT BENEFITS
SECTION 1: Paid leave time shall be provided to all full-time employees as a bereavement benefit in accordance with the terms and provisions of Section 23-13 of the Woodbury Heights Code, as follows:
Section 23-13 ABSENCE WITH PAY:
A. Death of Relative: In the event of a death in the employee's immediate
family, including parents, grandparents, spouse, children, brothers, sisters,
in-laws or the death of a relative who resides with the employee, the
committee chairman may grant the employee three (3) days leave of
absence with pay. Extension of leave beyond the three (3) day period
will require the approval of the committee chairman.
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ARTICLE XVI
SICK LEAVE
SECTION 1: All permanent, full-time employees shall be entitled to sick leave, with pay, in accordance with the provisions of Section 23-11 (a) and (b) of the Woodbury Heights Code as follows:
SECTION 23-11: Absences; illness;
A. The rules which follow in this Section apply to the payment of salaries during
periods of illness or disability for regular, full-time employees. Temporary or
part-time employees are not entitled to compensation for such absences.
B. Regular full-time employees, salaried or hourly, shall be entitled to the follow-
ing periods of sick leave:
1. Five (5) days per year during the first year of employment;
2. Eight (8) days per year during years two (2) through four (4)
of employment;
3. Ten (10) days per year after five (5) years of employment.
4. Twelve (12) days after ten (10) years of employment.
5. After an employee has been absent from work due to illness for
a period of three (3) consecutive work days, the employee is to
submit to the Department Chairman medical evidence in support
of the employee's absence from work. In addition, the department
head or the finance chairman may require proof of illness of an
employee on sick leave at any other time when the circumstances
appear reasonable. Failure of the employee to submit such evidence
could result in the sick leave absence being disproved and the absence
charged to "absence without pay". Nothing herein shall preclude the
appropriate committee and department head in an appropriate case
from requesting an employee to submit to a medical examination, at
the Borough's expense, by a physician selected by the Borough for
the purpose of establishing a degree of incapacity of an employee or
the employee's ability to resume the duties of his position. Abuse of
sick leave shall be cause for disciplinary action
6. All unused sick leave, to a maximum of thirty (30) days shall
accumulate from year to year.
.
SECTION 2: Employees using sick leave shall provide his/her immediate supervisor with notice prior to the starting time of his/her shift of work.
SECTION 3: Accumulated vacation time may be used as sick time when sick benefits are exhausted.
SECTION 4: At retirement only, permanent employees entitled to sick time benefits as outlined above, shall be entitled to sell-back such time accumulated at a rate of two (2) days of sick time for one day pay.
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ARTICLE XVII
VACATIONS
SECTION 1: Full-time, permanent employees shall receive paid vacation leave in accordance with the provisions of Section 23-10 (B) (C) (D) (E) of the Woodbury Heights Code, the terms and provisions of which are as stated below:
(B) If an official holiday falls during an employee's vacation period, an additional day of vacation will be granted in lieu of the holiday.
(C) Temporary and part-time employees are not eligible for paid vacation benefits
(D) Should two (2) or more employees seek vacation at the same time, the employee with seniority will be given preference in assignment of vacations.
(E) Employees may carry-over vacation time unused from a previous contract year with prior year vacation to be utilized first in computing accrued vacation time. Employees with prior contact year accumulated vacation time may elect to sell-back a maximum of Fifty (50%) Percent of prior contract year vacation at a rate of one (1) day vacation time for one (1) day pay, with such election to occur conditioned upon the following:
1. Only prior contract year accumulated vacation time may be subject to “sell-back”;
2. A minimum of Fifty (50%) Percent of an employees accrued vacation for the current contract year must be used before an employee can either sell-back or carry-over any vacation time to the subsequent year;
3. Any employee electing to sell-back upon the above qualifications shall notify their supervisor, in writing, of such election on or before November 1 of any contract year. Eligible payments shall be made in December in a separate payroll check.
SECTION 2: Paid vacation leave shall be in accordance with the following schedule:
1. Ten (10) days after completion of one year of continuous service from date
of hire;
2. Fifteen (15) days after seven years of continuous service from the date of hire;
3. One (1) additional day vacation for each additional year of continuous service
from date of hire in service years eight (8) through twelve (12), inclusive, for a
maximum of twenty (20) days.
SECTION 3: Each employee shall submit to their Department Head on or before February 1 of the present contract year a list requesting a minimum of 50% of their present year's vacation days.
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ARTICLE XVIII
HOLIDAYS
SECTION 1: Full-time employees shall have the following paid holidays:
NEW YEAR'S DAY GENERAL ELECTION DAY
KING'S BIRTHDAY VETERANS DAY
PRESIDENTS DAY THANKSGIVING DAY
GOOD FRIDAY CHRISTMAS DAY
MEMORIAL DAY COLUMBUS DAY
LABOR DAY INDEPENDANCE DAY
DAY AFTER THANKSGIVING
SECTION 2: Any holiday falling on a Sunday shall be observed on the following Monday. Any holiday falling on a Saturday shall be observed on the preceding Friday.
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ARTICLE XIX
MEDICAL BENEFITS
SECTION 1: Employer agrees to maintain the same or substantially equivalent medical insurance benefits for all full-time employees, including prescription and major medical coverages, in effect as of January 1, 2004, after accumulation of ninety (90) days of service for employees and, with respect to spouses and children dependents of such employees, after accumulation of one (1) year of service of the employee computed from the date of hire of such employee. Each of the parties agrees to cooperate with the other towards the establishment of such successor plans of health insurance coverages and benefits that are more cost - effective but are substantially equivalent, equal or greater than the present benefits now provided such covered employees and eligible spouses and dependents.
The deferment of medical benefits for spouses and children dependents of employees for the one (1) year period recited in Section 1 above shall be applicable only to such employees hired on or after January 1, 1995.
SECTION 2: Employer agrees to maintain the same or substantially equivalent dental insurance plan as now exists with the employer to pay all premiums attributable to the employee only. Access for coverages for an employee’s spouse and children dependents of such employees shall be provided at the cost and expense of the employee.
SECTION 3: LABOR MANAGEMENT COMMITTEE. The employees and management of the Borough of Woodbury Heights are committed to providing the best health care insurances possible to the employees while making recommendations to keep health care costs reasonable. Accordingly, there is hereby established a Labor-Management Committee for health insurance review consisting of one member from management, one member from Borough Council and one member from the Employee Bargaining Unit. The Labor-Management Committee shall have members appointed on a yearly basis and it will be the goal of the Committee to pursue and develop health insurance coverages that are affordable and shall serve the purpose of maintaining substantially equivalent health insurance coverages at a substantially equivalent cost to the Borough. The Labor Management Committee will, from time to time, submit their findings and recommendations to the Mayor and Council and to the Collective Bargaining Representative of covered employees to accomplish such goals and purposes.
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ARTICLE XX
VEHICLE USE
SECTION 1: All full-time employees required to use his/her personal automobile for Borough business shall be reimbursed at a per mile rate equivalent to the then applicable IRS rate of deductions therefore.
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ARTICLE XXI
WAGES
SECTION 1: Wage increases shall be paid to full and part-time employees still employed at the time of the signing of this Agreement, as follows:
(A) Effective 1/1/04.....…...........................4.0%
(B) Effective 1/1/05.................................. 4.0%
(C) Effective 1/1/06...................................4.0%
(D) Effective 1/1/07…………………...….4.0%
SECTION 2: The minimum hourly rate for the bargaining unit shall be that established by federal or state law or the sum of $6.25 per hour, whichever is greater, effective January 1, 2001. It is the intent of the parties that this provision shall survive the termination and lapse of this Agreement until a successor agreement shall be endorsed by the parties hereto.
SECTION 3: Police Clerk: The parties mutually agree that the title of Police Clerk shall be representative of a part-time position with a starting hourly wage between $12.50 to $14.50 per hour. Employer shall have full discretion to hire at a wage within the aforesaid range based on Employer’s determination of the qualifications and/or experience of such new hire.
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ARTICLE XXII
JOB TITLES
Each of the parties hereto recognizes that benefits may be derived, to both parties, by revisions to job titles and job descriptions for certain classes of employees among the
covered class of this Agreement. Each of the parties agree to continue negotiations toward establishment of revised job titles and revised job descriptions that each of the parties may reasonably agree benefits both the Borough of Woodbury Heights and covered employees of this Agreement.
Any employee employed on or before the signing date of this contract as a public works employee shall be classified in the Laborer category that coincides with his or her pay rate at such time and not by the requirements as listed. It is further agreed by both parties that the qualifications for advancement of these employees will remain as outlined in the following job descriptions.
A. Laborer I
REQUIREMENTS:
Possession of a valid Class B CDL License.
DESCRIPTION / DUTIES:
Under direction, performs either skilled or unskilled duties as assigned
as part of public works functions. Such duties include, but are not limited
to:
EQUIPMENT AND/OR VEHICLE OPERATIONS
WATER SYSTEM REPAIRS/OPERATIONS
SEWER SYSTEM REPAIRS/OPERATIONS
FLEET MAINTENANCE
PARKS MAINTENANCE
BUILDING AND STREET MAINTENANCE
GENERAL LABOR DUTIES
B. Laborer II
REQUIREMENTS:
Possession of a valid Class B CDL license with air brake
endorsement.and Successful completion of a minimum of fifty (50) hours of
formal instruction. Such instruction may include but is not
limited to:
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Water or wastewater operations, electrical, landscaping,
welding, masonry, driving, equipment operation, heating, vehicle
maintenance, etc.or
Three (3) years experience in public works operations or similar
experience in the private sector.
DESCRIPTION / DUTIES:
Under direction, performs the more skilled duties of public works
operations. Such duties include, but are not limited to:
EQUIPMENT AND/OR VEHICLE OPERATION
WATER SYSTEM REPAIRS/OPERATIONS
SEWER SYSTEM REPAIRS/OPERATIONS
FLEET MAINTENANCE
PARKS MAINTENANCE
BUILDING AND STREET MAINTENANCE
GENERAL LABOR DUTIES
C. Laborer III
REQUIREMENT:
Possession of a valid Class B CDL License with air brake
endorsements,and Successful completion of a minimum of one hundred and fifty
(150) hours of formal instruction. Such instruction may include
but is not limited to:
Water or wastewater operations, electrical, landscaping.
welding, masonry, driving, equipment operation, heating, vehicle
maintenance, etc., and Four (4) years experience in public works operations or similar
experience in the private sector. and To qualify for the top range of the pay scale in addition to the
above requirements, the employee must have five (5) years
experience in public works operations or similar experience in
the private sector.
DESCRIPTION / DUTIES:
With a minimum of direction, the employee performs skilled
duties of public works operations. Such duties include, but are not
limited to:
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EQUIPMENT AND/OR VEHICLE OPERATION
WATER SYSTEM REPAIRS/OPERATIONS
SEWER SYSTEM REPAIRS/OPERATIONS
FLEET MAINTENANCE
PARKS MAINTENANCE
BUILDING AND STREET MAINTENANCE
GENERAL LABOR DUTIES D. Laborer IV
REQUIREMENTS:
Possession of a valid Class B CDL License with air brake
endorsementsand Successful completion of a minimum of two hundred and fifty
(250) hours of formal instruction. Such instruction may include but is
not limited to:
Water or wastewater operations, electrical, landscap-
ing, welding, masonry, driving, equipment operation, heating,
vehicle maintenance, etc.and To qualify for the top range of the pay scale, in addition to
the above requirements, the employee must have ten (10) years exper-
ience in the public works operations or similar experience in the private
sector.
DESCRIPTION / DUTIES:
With a minimum of direction, the employee performs skilled
duties of public works operations. Such duties may include, but are not
limited to :
EQUIPMENT AND/OR VEHICLE OPERATION
WATER SYSTEM REPAIRS/ OPERATIONS
SEWER SYSTEM REPAIRS/OPERATIONS
FLEET MAINTENANCE
PARKS MAINTENANCE
BUILDING AND STREET MAINTENANCE
GENERAL LABORER DUTIES
E. CDL FEE REIMBURSEMENT: All Employees required to have a CDL License shall be reimbursed the annual CDL License fee.
PAGE 27
ARTICLE XXIII
ALCOHOL AND DRUG ABUSE POLICY
Effective January 1, 1996, the Borough of Woodbury Heights has implemented
49 CFR 382 respecting controlled substances and alcohol use and testing for all 49 CFR
383 CDL Drivers.
A copy of this policy and successor policies are on file with the Borough Clerk.
PAGE 28
ARTICLE XXIV
PERSONAL LEAVE
SECTION ONE: Full-time, permanent employees shall receive paid personal leave time, on advance notice to employer, effective January 1, 1999, in accordance with the following schedule:
(a) One day after one year of employment:
(b) Two days after four years of employment
(c) Three days after five years of employment
SECTION TWO: This benefit shall not be subject to further collective bargaining negotiations and shall, rather, be a stipulated benefit, without modification, for a period of five (5) years after the above effective date notwithstanding earlier termination of this Agreement.
PAGE 29
ARTICLE XXV
TERMINATION AND EXTENSION
SECTION 1: This Agreement will be effective as of January 1, 2004, and extended
until December 31, 2007.
SECTION 2: This Agreement shall automatically renew until a successor Agreement is reached.
SECTION 3: Negotiations for a successor Agreement shall commence in accordance with N.J.A.C. 19:12-2.1
IN WITNESS WHEREOF, the Borough of Woodbury Heights and the American Federation of State, County and Municipal Employees, AFL-CIO, Council 71, have caused this contract to be signed by their duly authorized representatives as of this
________ day of ____________ 2004.
ATTEST: BOROUGH OF WOODBURY HEIGHTS
__________________________ BY:________________________________
Janet Pizzi, Clerk Harry W. Elton, Jr. Mayor
AMERICAN FEDERATION OF STATE,
COUNTY AND MUNICIPAL
EMPLOYEES AFL-CIO, COUNCIL 71
LOCAL 3858 A
ATTEST:
By:__________________________________
Susan Owen, Staff Representative
By:_______________________________
Victoria Holmstrom Chapter Chairperson
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