HIS AGREEMENT is entered into by and between the GLOUCESTER COUNTY IMPROVEMENT AUTHORITY (“the Employer”) and the COMMUNICATIONS WORKERS OF AMERICA (“the Union”), for the purpose of establishing wages, hours, benefits, and other terms and conditions of employment, together with procedures for the fair and amicable resolution of disputes and grievances pertaining thereto.

NOW, THEREFORE, in consideration of the mutual covenants and understandings expressed herein, the parties agree as follows.

1.1. Exclusive Representation. The Employer hereby recognizes the Union as the exclusive representative for the purpose of collective bargaining with respect to rates of pay, wages, hours, and other terms and conditions of employment for all full-time employees of the Shady Lane Home, as well as part-time employees of the Shady Lane Home who work more than eight hours per week on average. The unit shall not include managerial executives, supervisors, confidential, police, and fire employees, part-time employees who work eight hours or less per week as defined above, employees who are represented in other units, or temporary employees who are hired for a short-term need not exceeding three months’ duration. The following positions shall also be excluded from the unit: Accountants who are in charge of accounts payable and accounts receivable; Quality Assurance/Quality Control Coordinator; Secretary to the Director of Nursing; Social Worker/Admissions Coordinator; Director of Housekeeping; Director of Maintenance; Director of Therapeutic Recreation; Director of Food Service; Administrative Assistant to the Administrator; RN’s; Unit Manager; and Nurse Manager.

1.2. Preservation of Unit Work. Work ordinarily performed by bargaining unit employees shall not be assigned to employees outside the bargaining unit, other than in situations of emergency or where no bargaining unit employee can be obtained to perform the work. This provision shall not prohibit the occasional performance of bargaining unit work by managerial or supervisory employees, nor shall it prohibit part-time employees who are excluded from the unit from performing work that is also done by bargaining unit employees.

2.1. Respect and Dignity. The Employer and the Union shall each endeavor to insure that all dealings between them are characterized by mutual responsibility and that all employees and representatives of the parties are treated in accordance with accepted standards of courtesy and respect for individual dignity.

2.2. Non-Discrimination. No employee will be discriminated against on the basis of race, religion, color, national origin, sex, marital status, age, handicap, sexual or affectional orientation, political affiliation, participation in Union activities, or any other status protected by law.

2.3. No Strike. During the term of this Agreement, neither the Union nor any person acting in its behalf will initiate, authorize, engage in, or assist any strike, work stoppage, slowdown, walkout or other job action against the Employer. It is understood that employees who participate in such activities during the term of this Agreement may be subject to disciplinary action up to and including termination.

2.4. No Lockout. The Employer will not initiate or engage in any lockout of employees during the term of this Agreement.

3.1. Access to Workplace. Union representatives shall have access to employee work areas to investigate grievances and for other purposes related to Union representation. Non-employee Union representatives shall notify the Employer prior to entering the premises, permission for which shall not unreasonably be denied.

3.2. Union Bulletin Boards. The Employer will provide a bulletin board in each building where employees report or clock in for work, in a centrally-located work area, to be used exclusively by the Union for notices and other information to employees.

3.3. Personnel Data. During the first week of each month, the Employer will furnish to the Local President a list of all new hires, terminations, and title changes within the bargaining unit(s) during the previous calendar month. Home addresses will be furnished on a monthly basis for new hires and will also be furnished periodically, upon request, for other employees represented by the Union.

3.4. Leave for Union Business. Upon official request by the Union, employees shall be permitted to take time off without pay to attend conferences, meetings, workshops, or other activities related to union representation, subject to reasonable operational requirements of the Employer. In addition, any employee who is elected or appointed to an office in the Union may be granted an unpaid leave of absence of up to one year to serve in such office. No benefits shall accrue while an employee is on leave to hold Union office, except that the employee shall continue to accrue seniority. Requests for Union leave shall not be unreasonably denied.

3.5. Release Time for Labor-Management Meetings and Negotiations. No employee who serves as a Union representative shall suffer loss of pay for attending any meeting agreed upon by the Employer, or for reasonable travel time to and from such meetings. This shall include attendance at contract negotiations by members of the Union’s negotiating committee.

4.1. Dues Checkoff. The Employer shall deduct regular Union dues from an employee's pay when so authorized in writing by the employee. The amount of such deductions will be certified to the Employer by the Union. The Employer shall remit the dues to the Union on a monthly basis, no later than 14 days following the month in which the deductions were made, accompanied by a list of employees from whose pay such deductions were made. The list shall include each employee’s Social Security number, base weekly pay, and the amount of dues deducted for the month. A copy of such list shall also be forwarded to the Local President. Dues deductions for bargaining unit employees shall not be made for any other employee organization.

4.2. Withdrawal of Dues Checkoff. In the event an employee withdraws his or her authorization for dues deduction by written notice to the Employer, deductions shall be halted as of July 1 next following the date on which notice of withdrawal was filed, pursuant to N.J.S.A. 52:14-15.9e.

4.3. Representation Fees. For all employees in the bargaining unit who do not pay dues in accordance with Section 4.1 above, the Employer shall instead deduct a representation fee equal to a percentage of the regular dues as certified by the Union, which shall be remitted to the Union in the same manner as dues. In the case of newly hired employees, deduction of representation fees will begin with the next paycheck following 30 days of employment, unless the employee has submitted a dues checkoff card.

4.4. Compliance with Law. The Union shall maintain a demand-and-return system and shall comply with all other requirements of N.J.S.A. 34:13A-5.5 et seq. with respect to the use of representation fees and the accounting thereof.

4.5. Hold Harmless. The Union will indemnify and hold the Employer harmless with respect to any claims or legal actions arising out of compliance with this Article.

5.1. Retention of Rights. The Employer retains and reserves all powers, rights, authority, duties, and responsibilities conferred upon and vested in it by law, subject to the terms of this Agreement, including, but not limited to the following rights:

(a) The executive management and administrative control of the Shady Lane Nursing Home and its properties and facilities and activities of its employees by utilizing personnel, methods, and means of the most appropriate and efficient manner possible, as may from time to time be determined by the Employer.

(b) To insure compliance with all state and federal laws and regulations governing the operation of the Employer’s facility.

(c) To make, maintain, and amend such reasonable rules and regulations as it may from time to time deem best for the purposes of maintaining order, the safety of patients, employees, and guests, after advance notice thereof to employees, and to require compliance by the employees.

(d) To hire all employees, to determine their qualifications and conditions of continued employment, to set their assignment, and to promote and transfer employees.

(e) To decide the number and types of employees needed for any particular time and/or task and to be in sole charge of the quantity and quality of the work required.

(f) To suspend, demote, discharge or take any other appropriate disciplinary action against any employee for just cause according to the law.

(g) To lay off employees in the event of lack of work or funds or under conditions where continuation of such work would be inefficient and non-productive or for other legitimate reason.

(h) To subcontract any of the work performed by employees covered by this Agreement for reasons of economy or other legitimate business reasons, upon 60 days notice to and consultation with the Union.

6.1. Probation of New Employees. Every new employee shall be subject to a 90-day probationary period during which time the employee shall be subject to evaluation by management to determine his or her suitability for continued employment. During or at the end of this period, management shall have the sole and exclusive right to determine whether the employee shall be granted permanent status. Dismissal during or at the end of the probationary period shall not be subject to arbitration nor subject to the discipline and discharge provisions of this Agreement. Vacation, sick, and administrative days will be earned, but can not be used during the probationary period.

7.1. Work Schedules. Full-time workweeks shall consist of 40 hours. Shifts will consist of 8 hours each. During each shift, employees will be entitled to two 15-minute paid rest breaks and a half-hour unpaid meal break. Work schedules for full-time employees shall be as follows:

Department	Shift Times	Weekend Work
Nursing (8-hour shifts, 40 hours per week)	6:45 AM – 3:15 PM 2:45 PM – 11:15 PM 10:45 PM – 7:15 AM	Alternating weekends
Food Service	4:30 AM – 1:00 PM 5:30 AM – 2:00 PM 10:45 AM – 7:15 PM 12:30 PM – 9:00 PM*	Alternating weekends
Environmental Services	6:45 AM – 3:15 PM 8:00 AM – 4:30 PM 9:45 PM – 6:15 AM 10:00 AM – 6:30 PM 2:45 PM – 11:15 PM	Alternating weekends
Therapeutic Recreation	8:15 AM – 4:45 PM 10:30 AM – 7:00 PM	Alternating weekends
Administration	7:45 AM – 4:15 PM 8:00 AM – 4:30 PM	None
Maintenance	8:00 AM – 4:30 PM	None
* One day per week in combination with 10:45 AM – 7:15 PM the other four days.

Weekend work schedules may deviate from the above with the consent of both the employee and the Employer. Weekend call-outs in excess of one shift per calendar year must be made up on another weekend day at management’s discretion without creating overtime during the make-up workweek (i.e., the employee would have a different day off during the make-up workweek). The parties will develop procedures for the Administrator to consider and resolve any conflicts that may arise in the scheduling of make-up days.

7.2. Part-Time Employees. Part-time employees are those employees who are ordinarily scheduled to work fewer than 40 hours per week. Part-time employees shall not be scheduled to work outside the regular work hours for the department as set forth in Section 7.1 above, except that a part-time Receptionist may be scheduled to work from 4:00 PM to 8:00 PM Monday through Friday. In the case of regularly-scheduled part-time employees, the workdays and hours (exclusive of overtime) shall be fixed. Part-time employees who are employed on a per diem basis shall have variable workweeks according to the Employer’s need.

7.3. Designation of Workweek. The workweek shall commence at 11:00 PM on Saturday.

7.4. Shift Assignments and Days Off. Preference shall be given according to seniority whenever feasible in the assignment or reassignment of employees to an available shift or to regular days off, subject to the Employer’s right to determine staffing levels and deploy personnel according to qualifications, including but not limited to compatibility with co-workers. However, such preference shall not confer the right to bump other employees. Except in case of emergency, an employee who is involuntarily reassigned to a different shift shall be given two weeks’ advance notice.

7.5. Shift Switches. Any shift switches must be pre-approved and signed by all parties involved prior to the switch date. Without exception, all switches must occur within the same work week in order to avoid overtime.

7.6. Tardiness. Employees are expected to be on time to work their scheduled shifts. Employees who are late will be subject to docking and/or disciplinary action as provided below:

(a) For purposes of docking, each lateness will be rounded to the nearest quarter-hour interval.

(b) An employee will be deemed to have committed a lateness offense whenever he or she is more than five minutes late any given day, unless excused for good cause at management’s discretion. The first three lateness offenses in any six-month period will be noted but will not result in discipline. Four lateness offenses within any six-month period will result in a written warning and five will result in a second written warning. Six lateness offenses within any six-month period will result in a one-day suspension. A seventh lateness offense in any six-month period will result in a three-day suspension, an eighth lateness offense will result in a five-day suspension. A ninth lateness offense in any six-month period will result in termination. The six-month period referred to in this section will be measured on a “rolling-backward” basis from the last offense.

7.7. Breaks at End of Shift. The Employer will implement procedures allowing individual employees to take one of their 15-minute paid breaks at the end of the work shift, thereby enabling the employee to leave 15 minutes before the end of the shift without loss of pay, except where precluded by operational needs as determined by the Employer. It is understood that this arrangement may be discontinued if the Employer finds it to be unduly burdensome to administer.

8.1. Job Titles and Pay Ranges. Every bargaining-unit job shall be classified according to the proper job title, and each title in turn shall have a salary range as indicated in Appendix A. Whenever new jobs are created or existing jobs are materially changed, the parties shall immediately negotiate concerning the appropriate pay range prior to implementation. A material change in job duties shall mean a substantial and permanent addition of new job duties and/or responsibilities and not simply the introduction of a different method or procedure for completing existing job duties.

8.2. Base Pay Rates. Every full-time employee shall have an annual base salary, which shall be converted to a base hourly rate for payroll purposes by using the appropriate hours-per-year divisor (e.g., 2080 for employees with a 40-hour workweek). For part-time employees, base pay shall be quoted as an hourly rate. The starting pay for each newly-hired employee shall be the minimum of the range corresponding to the employee’s title.

(a) Starting rates for Licensed Practical Nurses (LPNs) may exceed the minimum of the salary range, but shall not exceed the minimum by more than 3% multiplied by the number of years of experience in nursing as determined by the Employer, and in no event to exceed the minimum by more than 15%.

(b) The salary of any LPN employed by the Employer as of the date of signing this Agreement shall not be less than the applicable hiring rate specified above.

8.3. Across-the-Board Adjustments. Employees shall receive the following across-the-board adjustments to their base pay:

(a) 3.4% retroactive to January 1, 2006.

(b) 3.5% retroactive to January 1, 2007.

(c) 3.6% effective January 1, 2008.

8.4. Increments. Incremental raises shall be given as follows:

(a) Subject to Section 8.4(c), every employee who has been employed by the Gloucester County Improvement Authority for at least one year will receive an incremental adjustment to his or her base pay annually, provided the employee’s base salary does not equal or exceed the maximum salary of the employee’s range.

(b) Incremental adjustments will be equal to 3.0% of the minimum salary of the employee’s range, except that employees who are within one increment of the maximum will receive an adjustment equal to the difference between their base salary and the maximum.

(c) Increments will be granted at the beginning of the calendar quarter following the employee’s anniversary of hire by the Gloucester County Improvement Authority.

8.5. Promotional/Demotional Pay. Any employee who is promoted to a higher title shall receive a new base salary equal to 3% above his or her previous salary, but not less than the minimum nor more than the maximum salary of the new range (but in no event less than the employee’s previous rate of pay). Any employee demoted to a lower title shall receive a new base salary equal to 2.9% less than the previous salary, but not more than the maximum of the new range nor less than the minimum of the new range.

8.6. Paydays and Pay Periods. Each pay period shall consist of two full workweeks as designated in Section 7.3. Paydays will be on Thursdays following the respective pay period. Employees are responsible for clocking in and out at the beginning and end of their shifts.

8.7. Anniversary Date Premiums. Employees who qualify according to years of service will be paid annual anniversary date premiums as set forth below:

(a) Employees with less than 10 years of service will receive no premium. Employees with 10–20 years of service will receive a premium equal to 0.5% of their annual base wage. Employees with 20 years of service or more will receive a premium equal to 1.0% of their annual base wage.

(b) Premiums will be off-base and will be calculated after taking into account the negotiated across-the-board increases for the year. For employees with anniversary dates in the first half of the year, payments will be made on or about January 1. For employees with anniversary dates in the second half of the year, payments will be made on or about July 1.

(c) For purposes of this section, it is understood that an employee’s anniversary date is based on the date the employee was first hired by the Improvement Authority or the County. “Years of service” refers to the total years employed by the Improvement Authority or the County.

9.1. Any employee in the bargaining unit who is temporarily assigned to work in a higher job classification for at least half of the employee’s shift, on three or more consecutive work days or on nine or more work days in the aggregate during a calendar year, shall be paid for such time as if temporarily promoted in accordance with Section 8.5, beginning with the third consecutive day or the ninth aggregate day.

9.2. To be counted as an out-of-title work day, an approved tracking form shall be completed by the employee and submitted to the appropriate supervisor for his or her signature no later than the end of the following work day.

10.1. Overtime Defined. Overtime shall be understood as time worked in excess of 40 hours during the work week. For purposes of this Article, all paid time, except for sick time, shall be treated as time worked in calculating overtime. However, as an exception to this rule, unpaid leave of up to 8 hours during a work week for Union business will be treated as time worked for purposes of meeting the overtime threshold.

10.2. Overtime Compensation. Employees shall be compensated at one and one-half times their regular hourly rate for all time worked in excess of 40 hours during the designated workweek (see Section 7.3). If the hours worked do not exceed 40, pay shall be calculated at straight-time. All overtime must be signed off by the employee’s supervisor. This includes clocking in more than seven minutes prior to the beginning of your shift and clocking out later than seven minutes after the employee’s shift has ended. Failure to follow this procedure may result in disciplinary action. Any employee not reporting for scheduled overtime will not be eligible to work overtime for a period of 14 days. Employees who are exempt from the overtime requirements of the federal Fair Labor Standards Act and the New Jersey Wage and Hour Law shall not be paid overtime compensation.

10.3. Distribution of Overtime. The Employer may require employees to work overtime, subject to any applicable state or federal laws. Overtime work shall be offered as equitably as possible to employees in the appropriate job functions, utilizing a rotating overtime list whenever practicable. No employee shall be required to work overtime if other qualified employees in the appropriate job functions are available and willing to work. It is understood that the qualifications for performing the work are to be determined solely by the Employer, and where necessary all employees may be required to work a reasonable amount of overtime. Overtime records shall be made available to the Union upon reasonable request.

11.1. Call-In Pay. Any employee who is called in to work prior to his or her next scheduled work period shall be paid for not less than two hours of work, unless the call-in immediately precedes the employee’s normal workday. Employees who are required to respond to occasional telephone inquiries outside their normal work hours shall be compensated for any time actually spent on the telephone in excess of five minutes per day, which shall be deemed de minimis.

12.1. Hourly Shift Differential. An hourly shift differential of $0.85 shall be paid for any work performed on a shift which commences after 12:00 noon, with the exception of the part-time receptionist.

13.1. Reimbursement for Tuition and Registration Fees. The Employer will reimburse employees for tuition and regular registration fees upon satisfactory completion of approved courses or seminars leading to advancement or improvement of skills in the employee’s field or to maintain licensure or certification required by the Employer. The maximum reimbursement for each employee shall be $500 per year. The GCIA requires employees to remain employed with the GCIA for one year after reimbursement of any tuition and registration fees. If the employee is terminated or resigns before one year expires, the employee would be responsible for paying back the GCIA on a pro-rated basis.

13.2. Approval. Requests for educational assistance shall be submitted to the Employer for approval prior to the course or seminar by the Request to Attend Educational Course Form being completed. If this form is not completed and approved prior to the course starting, denial of reimbursement may occur. It is the responsibility of the employee to insure enough prior notice is given (at least two weeks) to the employer that he/she is requesting to attend the course. Approval shall be conditioned on the employee receiving at least a C or equivalent grade if applicable.

13.3. Reimbursement for Certification or License. Whenever an employee obtains any certification or license at the request of the Employer, over and above the minimum legal requirements of the job, the Employer shall pay the applicable fee for such certification or license, including renewal fees.

14.1. Eligibility for Retirement Payment. Upon retiring on a service pension, an employee shall be eligible for a bonus payment based on the number of unused sick days remaining to the employee’s credit.

14.2. Calculation of Payment. Upon retiring on pension, an employee shall be eligible for a one-time payment based on the number of unused sick days remaining to the employee’s credit. The payment to retirees will be calculated as follows:

(a) The number of unused sick days will be divided in half;

(b) The result in (a) will be multiplied by the value of a day’s pay for the employee at retirement;

(c) The resulting figure will constitute the payment, except that in no case shall the payment exceed $8,000.

15.1. Health Insurance. The Employer shall provide health insurance for each eligible employee and his or her dependents. Employees who regularly work at least 30 hours per week will be eligible for insurance coverage. Health insurance shall commence once the employee completes the waiting period of 60 consecutive days as an active employee. The waiting period may be waived at the discretion of the Executive Director. Per diem employees are not eligible for health benefits. Health insurance benefits shall consist of the following:

(a) Basic Medical. Doctor’s services—$5 co-pay per visit.

(b) Major Medical. One hundred percent reimbursement; $100 deductible/single per calendar year; $300 deductible/family per calendar year.

(c) Vision care. The current plan, consisting of payment for eye exams, glasses, and contact lenses, up to $150 per covered individual annually.

(d) Prescription. $5 co-pay for each prescription.

(e) Dental. The current plan, including full payment for preventive services, 80% payment for restorative services, and 50% payment for orthodontia or other major services.

15.2. Temporary Disability Benefits. The Employer shall provide disability coverage to all eligible employees pursuant to the State Temporary Disability Benefits Law.

15.3. Continuation of Health Insurance. An employee’s health benefits will terminate immediately upon termination of employment or after 30 days of unpaid leave, except as provided otherwise by the Family and Medical Leave Act (FMLA) or the New Jersey Family Leave Act (NJFLA). Employees who lose their employer-provided coverage due to termination of employment, due to exceeding 30 days of unpaid leave, or due to exceeding or leave of absence time allowed under FMLA or NJFLA may continue coverage at their own expense in accordance with the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA).

15.4. Post-Retirement Health Benefits. GCIA will provide continuing medical and prescription coverage for certain employees who retire under the Public Employees Retirement System or other state retirement system, together with their dependents, as follows:

(a) employees who have retired on a disability pension;

(b) employees who have retired after 25 years or more of service credit in a state or locally-administered retirement system at the time of retirement.

15.5. Change of Insurance Carriers. The Employer reserves the right to change insurance carriers so long as the benefits to be provided are substantially similar to those of the existing plan(s).

15.6. Waiver of Benefits. Employees who are enrolled in the medical or prescription plans may elect to waive either or both coverages upon furnishing proof of similar coverage through a spouse’s employer or other source. Elections must take place during the window period as set forth by the Employer’s plan. A waiver form must be completed in order to waive benefits. The following terms shall apply:

(a) Employees who waive medical and prescription coverage shall receive a monthly payment in lieu of insurance, depending upon the type of coverage for which they are otherwise eligible, as set forth below:

Employee-only medical/prescription: $125 per month
Family medical/prescription: $300 per month

(b) Waivers will take effect on the first day of the month following the date the waiver has been approved and will continue unless the employee subsequently re-enrolls. In addition, employees who lose their alternative coverage will be re-enrolled immediately after giving notice to the GCIA, so long as there was previous creditable coverage.
15.7. Life and Accident Insurance. The Employer will continue the current term life insurance coverage, together with the current accidental death and dismemberment coverage.

FOR THE UNION		FOR THE EMPLOYER
_______________________________________		_______________________________________
_______________________________________		_______________________________________
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2006 MIN	2006 MAX	2007 MIN	2007 MAX	2008 MIN	2008 MAX
Therapeutic Aide	$24,139	$31,381	$24,984	$32,479	$25,883	$33,648
	$11.61	$15.09	$12.01	$15.61	$12.44	$16.18
Building Maintenance Worker	$24,863	$32,322	$25,733	$33,453	$26,660	$34,658
	$11.95	$15.54	$12.37	$16.08	$12.82	$16.66
Certified Nurse’s Aide (CNA)	$24,863	$32,322	$25,733	$33,453	$26,660	$34,658
	$11.95	$15.54	$12.37	$16.08	$12.82	$16.66
Certified Nurse’s Aide (CNA) / Driver	$27,169	$35,319	$28,119	$36,555	$29,132	$37,871
	$13.06	$16.98	$13.52	$17.57	$14.01	$18.21
Cook	$27,169	$35,319	$28,119	$36,555	$29,132	$37,871
	$13.06	$16.98	$13.52	$17.57	$14.01	$18.21
Clerk Typist	$24,139	$31,381	$24,984	$32,479	$25,883	$33,648
	$11.61	$15.09	$12.01	$15.61	$12.44	$16.18
Food Service Worker	$23,436	$30,467	$24,256	$31,533	$25,129	$32,668
	$11.27	$14.65	$11.66	$15.16	$12.08	$15.71
Environmental Services Worker	$23,436	$30,467	$24,256	$31,533	$25,129	$32,668
	$11.27	$14.65	$11.66	$15.16	$12.08	$15.71
Licensed Practical Nurse (LPN)	$39,898	$54,261	$41,294	$56,160	$42,781	$58,182
	$19.18	$26.09	$19.85	$27.00	$20.57	$27.97
Medical Records Clerk	$27,169	$35,319	$28,119	$36,555	$29,132	$37,871
	$13.06	$16.98	$13.52	$17.57	$14.01	$18.21
Nurse’s Aide	$24,139	$24,139	$24,984	$24,984	$25,883	$25,883
	$11.61	$11.61	$12.01	$12.01	$12.44	$12.44
Secretary	$24,863	$32,322	$25,733	$33,453	$26,660	$34,658
	$11.95	$15.54	$12.37	$16.08	$12.82	$16.66
Lead Building Maintenance Worker	$30,578	$39,752	$31,649	$41,143	$32,788	$42,624
	$14.70	$19.11	$15.22	$19.78	$15.76	$20.49
Lead Environmental Services Worker	$28,823	$37,470	$29,832	$38,782	$30,906	$40,178
	$13.86	$18.01	$14.34	$18.64	$14.86	$19.32