AGREEMENT BETWEEN
THE
CITY OF HACKENSACK AND
HACKENSACK PUBLIC WORKS SUPERVISORS
TEAMSTERS LOCAL 560
FOR THE PERIOD
1/01/2011 TO 12/31/2014
TABLE OF CONTENTS
ARTICLE NO. TITLE PAGE
32 Acting Assistant Superintendent Stipend 28
31 CDL License 28
8 Clothing 9
26 Dues Deductions/Agency Shop 25
34 Duration 29
13 Education 10
9 Emergency Lunch Payment 9
24 Funeral Leave 25
1 General/Public Employees 5
19 Grievance Procedure 21
22 Holidays 24
18 Hospitalization/Dental/Optical Insurance 15
4 Hours of Work 6
14 Injury Leave 11
29 Jury Duty & Emergency Leave 27
28 Leave of Absence 27
7 Longevity 8
27 Management Rights 26
6 Overtime Provisions 7
23 Personal Day 25
TABLE OF CONTENTS
ARTICLE NO. TITLE PAGE
-- Preamble 4
17 Prescription Plan 14
10 Recall 10
2 Recognition 5
16 Retirement Leave/Buy Back Provision 13
33 Safety Gear 29
30 Severability & Savings 28
15 Sick Leave 12
11 Standby 10
5 Tardiness 7
12 Tools 10
25 Union Activities 25
21 Vacations 22
3 Wages 6
20 Work Stoppages 22
PREAMBLE THIS AGREEMENT entered into this day of 2013, by and between the CITY OF HACKENSACK, New Jersey, hereinafter referred to as the “City”, and the HACKENSACK PUBLIC WORKS SUPERVISORS, TEAMSTERS LOCAL 560, hereinafter referred to as the “Union”.
ARTICLE 1
GENERAL/PUBLIC EMPLOYEES
General
1.1 In order to increase general efficiency of the Hackensack Public Works Supervisors, to maintain the existing harmonious relationship between the City and its employees and to promote the morale, rights, well-being and sincerity of the Unit, the City and the Union hereby agree as follows:
Public Employees
1.2 The Union and the individual members of the Union are to regard themselves as public employees and are to be governed by the highest ideals of honor and integrity in all their public and personal conduct in order that they merit the respect and confidence of the general public.
ARTICLE 2 - RECOGNITION
2.1 The City hereby recognizes the Teamsters Local 560, as the sole and exclusive representative of all employees identified on the PERC Certification of Representatives, Docket No. RO-2003-22, dated November 6, 2002.
Wherein the Unit is defined as follows:
UNIT: Included: All regularly employed blue collar supervisors employed by the City of Hackensack in its Department of Public Works including garage supervisors, body shop supervisors, and maintenance repairer supervisors.
Excluded: Managerial executives, confidential employees, and non-supervisors within the meaning of the Act; craft, professional, police, casual and all other employees employed by the City of Hackensack.
ARTICLE 3 - WAGES
3.1 The annual base salary increase for all employees covered by this Agreement shall be set forth in Appendix A.
3.2 A pro-rata base salary increase, based upon full months of service, shall be granted to employees hired during the preceding calendar year.
EMERGENCY OPERATORS – FRONT END LOADERS STIPEND
The Superintendent of Public Works and/or the Superintendent of Sanitation shall certify and designate to the City Manager, annually, not more than eight (8) employees, which may include non-supervisory employees, as Emergency Operators of the Front End Loaders (2 yard bucket).
The designated Emergency Operators may be assigned to operate the Front End Loaders during Leaf Collection, Snow Emergency or any other emergent or non-emergent situation as determined by either Superintendent.
Each employee so certified and designated by the Superintendents shall receive an annual stipend, payable each December, in the amount of $600.00 pro-rata based upon the number of full months so assigned in that calendar year.
The designation or replacement of any operator shall be at the sole discretion of the Superintendents.
ARTICLE 4 – HOURS OF WORK/WORK WEEK
4.1 The hours of work shall be established by the City wherein the work day shall consist of eight (8) hours from 7:00 A.M. to 4:00 P.M. with one (1) hour lunch break. The work week shall be forty (40) hours, exclusive of hours during which members may be summoned and/or kept on duty because of an emergency.
4.2 The work week shall commence on Sunday and terminate at midnight on the subsequent Saturday.
ARTICLE 5 – TARDINESS
5.1 Each employee must punch his own time card daily or, in the absence of a time clock, notify a responsible individual of his/her starting time and quitting time to insure a permanent record and accurate payroll.
5.2 Each employee who reports to work after the designated starting time or departs from work prior to the designated quitting time shall be charged a fee equal to the “stand-by day rate” for each quarter (1/4) hour or fraction thereafter that the employee is not at work.
5.3 This fee may be waived for just cause by the respective superintendent provided that both the employee’s request for waiver and the superintendent’s approval of same is in writing and forwarded to the party responsible for the payroll.
ARTICLE 6 – OVERTIME PROVISIONS
6.1 For the purpose of this Article, the work week shall commence on Sunday and terminate at Midnight on the subsequent Saturday.
6.2 Each employee shall be paid at the rate of time and one-half (1-1/2) for all work performed in excess of forty (40) hours per work week.
6.3 Subject to the provisions of Section 6.6, employees required to work on Saturday shall be paid at the total rate of time and one-half (1-1/2) provided however that they have worked a minimum of forty (40) hours in that work week.
6.4 Subject to the provisions of Section 6.6, employees required to work on Sunday shall be paid at the total rate of double time provided however that they have worked a minimum of forty (40) hours in that work week.
6.5 Subject to the provisions of Section 6.6, employees required to work on a holiday shall be paid the total rate of double time and one-half (2-1/2) for all hours worked on that holiday provided however that they have worked a minimum of forty (40) hours in that work week.
6.6 For the purposes of computing premium time, absences due to the use of sick days, vacation days, holidays, personal day and funeral leave or other paid leave shall be considered as days worked.
ARTICLE 7 - LONGEVITY
7.1 In addition to the salary ranges indicated, each employee will receive longevity pay of one percent (1%) for each two (2) years of service, computed on the amount of the base salary of the employee at the time he becomes eligible for such longevity payment. In order to qualify for such longevity pay, the employee must have earned two (2) years service credit on or before January 4, March 31, June 30, or September 30, in order to receive the added one percent (1%) longevity pay for the ensuing quarters. Whenever an employee receives an increase in salary during the year as the result of a change in base salary for promotion, increment, wage increase or new position, the employee will receive a longevity increase on the new base salary at the same percentage as heretofore received on the prior base salary. Additional compensation of any nature, including overtime, will not be considered in computing longevity payments. Longevity payments will be computed from the time the employee last became employed on a full-time basis by the City. Leaves of absence without pay, with the exception of employees on leave of absence due to military duty, will not be considered in determining the length of service.
7.2 Any employee hired from and after the effective date of December 1, 1987, will receive longevity pay at the rate of 2% for each four (4) years of service.
7.3 Longevity shall be eliminated as to all new hires or employees transferred or promoted into this unit after January 1, 2004.
ARTICLE 8 - CLOTHING
8.1 The City will provide work clothes for the members of the Union in accordance with past practice.
8.2 Effective in 1999 and in addition to 8.1 above, the City will purchase one (1) winter jacket for each DPW Supervisor under the following conditions:
The design and color of the jacket will be selected by the City.
The employee must provide for the care and maintenance of the jacket.
The jacket and all other clothing supplied by the City shall be considered as part of the work uniform and must be worn when appropriate and as directed by the City.
The employee must turn in his damaged jacket to receive a replacement of same.
If the jacket is lost or stolen, the employee must pay for the replacement.
8.3 Failure to wear the work clothing as directed, or to properly care and maintain same will subject the employee to disciplinary action.
ARTICLE 9 - EMERGENCY LUNCH PAYMENT
9.1 The City shall pay to each employee a stipend as shown below to be used as lunch money when that employee is called back, after punching his time card out for that day, to work any time after his normal work day.
9.2 The City shall pay to each employee a stipend as shown below to use as lunch money when that employee, who has not punched his time card out for that day, is asked and works not less than two (2) hours after his normal work day.
9.3 A second lunch payment stipend shall be made at the end of the second full shift in the event that an employee is required to work two full shifts in any normal work day.
9.4 For the purpose of this contract an emergency shall be defined as an unforeseen combination of circumstances which calls for immediate action.
The emergency lunch payment stipend shall be $5.00.
ARTICLE 10 – RECALL
10.1 Whenever any member of the bargaining unit is recalled to perform work during a period that is not contiguous to his regularly scheduled work, he shall be guaranteed pay for a period of two (2) hours. The City shall have the option of relieving any employee so recalled from remaining at work for the two (2) hour period.
ARTICLE 11 - STANDBY
11.1 Commencing January 1, 2011 to December 31, 2013, all employees on official standby shall be paid $500.00/year regardless of whether or not they are called upon to perform their duties. Commencing January 1, 2014, all employees on official stand by shall be paid $750.00/year regardless of whether or not they are called upon to perform their duties.
ARTICLE 12 – TOOLS
12.1 The City will pay to each Mechanic, who supplies the majority of the tools necessary for his daily function, an annual sum as shown below for tools and equipment replacement and for the wear and tear of the Mechanic’s tools: 2011-2014 $275
12.2 Said payment shall be made in December and shall be pro-rata per month in those cases wherein an eligible Mechanic’s employment is less than a full calendar year as a result of date of employment or non-paid leave.
ARTICLE 13 – EDUCATION
13.1 Education allowances for job related courses shall be permitted in any approved college, university or high school when approved in advance in writing by the City Manager. For those employees taking high school courses, such courses shall be taken at Hackensack High School. Payment of tuition shall be made to the student upon successful completion of the course. Successful completion shall be defined as either “C” or better in an “A” through “F” grade course or a “Pass” in a “Pass/Fail” course.
ARTICLE 14 - INJURY LEAVE
14.1 Whenever an employee subject to this Contract is incapacitated from duty because of an injury or ailment sustained or incurred in the performance of his duty, he shall be entitled to injury leave with full pay, at the rate of pay in existence at the time of his injury, for a maximum aggregate period of one year commencing with the date of such injury, or before (1) year if he has been accepted for retirement by the Public Employee Retirement Pension System. Any payments of temporary disability insurance by the City or its Workmen’s Compensation Insurance Carrier shall be credited toward the full pay set forth above. If the injury, illness, or disability continues beyond one (1) year, he shall be paid on the basis of his accumulated sick leave. 14.2 The City, or its Workers’ Compensation Insurance Carrier, shall pay hospital, medical and surgical expenses incurred by any member of the Union who is injured in the performance of his duties.
Injury leave shall be granted provided the employee:
Presents evidence that he is unable to work, in the form of a certificate from a reputable physician forwarded to the Department Head within forty-eight (48) hours of the injury.
Reports when requested, for an examination by a physician appointed by the City or its Workers’ Compensation Insurance Carrier.
14.4 An employee on injury leave must be available to be contacted during the hours which constitute his normal daily work schedule. Failure to be available, will subject the employee to disciplinary action.
14.5 All injury leaves shall terminate when the physician appointed by the City or the Workers’ Compensation Insurance Carrier reports in writing that the employee is fit for duty.
An employee will be removed from injury leave and charged sick leave:
If the employee fails to report for a scheduled doctor’s appointment.
If in the opinion of the attending physician the employee is able to return to light or limited duty and fails to do so.
14.7 In the event the employee contends that he is entitled to a period of disability beyond the period established by the treating physician, or a physician employed by the City or its insurance carrier, then, and in that event, the burden shall be upon the employee to establish such additional period of disability by obtaining a judgment in the Division of Workers’ Compensation establishing such further period of disability and such findings by the Division of Workers’ Compensation or the final decision of the last reviewing court shall be binding upon the parties.
ARTICLE 15 - SICK/LEAVE
15.1 Sick leave in the first year of a full-time employee’s employment with the City shall be accrued at one (1) day per month and one and one-quarter (1-1/4) days per month for every year thereafter, accumulative to be used for all non-occupational injuries and illnesses.
15.2 When an employee does not report for duty for a period of greater than three (3) days or totaling more than ten (10) days, in an eight (8) month period because of sickness, he shall show proof of his inability to work by submitting to the employee’s supervisor, if requested, a certificate signed by a reputable physician in attendance, to the effect that the said employee was not, on the date or dates a leave is requested, physically able to perform any duty connected with his job. In case the absence is due to a contagious disease, a certificate from the Department of Health shall be required. If requested, the employee shall submit to an examination by a physician appointed by the City to substantiate such illness.
15.3 In order to receive compensation while absent on Sick Leave, the employee shall notify his supervisor within one (1) hour before the time set for him to begin his daily schedule. An employee who is absent for five (5) consecutive days or more and does not notify his Department Head on any of the first five (5) days, will be subject to dismissal in accordance with the New Jersey Department of Personnel rules.Sick leave with pay will not be allowed under the following conditions:
If the employee, when under medical care, fails to carry out the order of the attending physician.
If, in the opinion of the assigned physician, the employee is ill or disabled because of self-inflicted wounds, self-inflicted intoxication or the use of habit forming drugs.
Sick leave shall not be allowed for such things as to ordinary dental or vision care or for non-medical professional services.
More than three (3) consecutive days sick without a doctor’s certification.
More than ten (10) accumulated sick leave days in an eight (8) month period, without a doctor’s certification.
ARTICLE 16 – RETIREMENT LEAVE/BUY BACK PROVISION
16.1 Upon retirement, as defined below, the employee shall, or upon death, the employee’s estate shall receive payment for accumulated unused sick leave as prescribed herein and for all accumulated, unused and unforfeited vacation, holiday and compensatory leave. A City retiree shall receive payment for his accumulated unused sick leave as follows:
Any employee hired on or before December 1, 1987, shall be paid 100% of his accumulated unused sick leave without limit.
Any employee hired after December 1, 1987, shall be paid 75% of his accumulated unused sick leave, not to exceed 50% of his final annual salary as defined below.
For purposes of computing the retirement leave benefit based upon sick days, such sick days shall be paid at the rate of 1/260 times the retiree’s final annual salary as defined below.
Retiree/Retirement – An employee of the City of Hackensack whose application for retirement has been approved by the applicable State Retirement System (P.E.R.S. or P.F.R.S.), and receives retirement income from the retirement system. “Deferred Retirements” as defined by the applicable State Retirement System shall not be included in this definition.
Final Annual Salary – The summation of the base salary, longevity and education.
16.2 The City of Hackensack may, at its sole discretion, offer to buy back a portion of the accrued unused sick days of any employee who meets all of the following criteria:
25 years or more of creditable service in his/her respective position.
Age 55 or older.
100 or more accrued unused sick days.
Hired before December 1, 1987.
16.3 The City shall not buy back days so as to deplete the employee’s accrual of sick days below the level of 100 days on the date of buy back.
16.4 The employee shall have the right to refuse the decision of the City to buy back a portion of his/her sick days if such would create a hardship on the employee or irreparable harm based upon factual considerations.
16.5 A. For all employees, for purposes of salary buy back provisions, salary shall be based on the employee’s annual salary effective upon termination, exclusive of stipends payable annually and/or payable at year’s end.
In addition, for all employees hired on or after 1/1/09, the City shall pay 50% of accumulated unused sick leave, not to exceed $10,000.00.
ARTICLE 17 – Prescription Plan (Effective January 1, 2009)
Effective January 1, 2009:
$5.00 – generic co-pay
$10.00 – brand name co-pay (formulary)
$20.00 – brand name co-pay (non-formulary)
(30 day supply for each category)
Effective January 1, 2009:
$10.00 – generic co-pay
$20.00 – brand name co-pay (formulary)
$30.00 – brand name co-pay (non-formulary)
(90 day mail order supply only)
ARTICLE 18 - HEALTH BENEFIT INSURANCE PROGRAM
Article 18(a) – Health Benefit Insurance Program – Direct Access 1A (DA1A) or Its Equivalent – Plan A
(Available only to eligible union members hired on or before December 31, 2003)
18.1(a) Effective January 1, 2004, all eligible Union members covered by this Agreement and eligible members of their families plus all eligible retirees* with a retirement date subsequent to January 1, 2004 and eligible members of their families shall be entitled, until the demise of the Association member, to that coverage, or its equivalent, set forth in the “Direct Access Design 1 City of Hackensack” attached hereto as Schedule 1:
*Eligible retiree shall be any Union member who has 25 years service credit with the City and has been accepted by the PERS as a retiree subsequent to January 1, 2004 and continues to receive benefits under Special, Ordinary Disability or Accidental Disability Retirement. The 25-year pension credit is waived for disability retirees.
18.2(a) Association members who retired prior to January 1, 2004 shall continue to receive the benefits provided by the applicable contract when they retired.
18.3(a) A Retiree who:
is covered by the City’s Health Benefit Insurance Program and
is actively employed by another employer and
is covered by his current employer’s Health Insurance Program,
shall submit all medical claims first to his current employer’s Health Benefit Insurance Program as his “Primary” insurance carrier so long as he/she continues to be insured. The City’s Health Benefit Insurance Program shall remain as his/her secondary coverage.
18.4(a) All coverage's provided by the City for Medicare eligible retirees and their eligible dependents shall be secondary to their Medicare coverage's.
18.5(a) All Retirees (retired after January 1, 2004) and eligible dependents who are Medicare eligible must provide both Medicare Part A and Part B coverage's to be eligible for coverage's provided by the City. The City shall reimburse each retiree for his/her Medicare Part B cost each December provided the retiree submits a copy of his/her Medicare Card to the Chief Financial Officer, 65 Central Avenue, Hackensack, New Jersey 07601, prior to the year end wherein he/she becomes Medicare eligible.
18.6 (a) The City shall repair eyeglasses when eyeglasses are damaged or broken in the course of employment for members of the Union.
18.7(a) The City and the Members of the Union shall provide a Dental Benefit Insurance Program during the term of this Agreement to a maximum of One Thousand Five Hundred ($1,500) Dollars per year per patient together with orthodontic coverage not to exceed $800 per year per patient, subject to the following conditions:
The City shall pay the lesser of 50% of the enrollee’s annual premium or $150.00 (pro-rata for mid-year enrollees) and the enrollee shall pay the balance through periodic payroll deductions.
It is understood and agreed that no employee shall be obligated to participate in such Program. Once enrolled at the inception of the program or subsequently at future annual enrollment dates, an employee may voluntarily terminate enrollment. Re-enrollment shall be permitted at the next annual enrollment date; however, no employee will be permitted to terminate enrollment more than two (2) times during their continuous employment.
Part-time and seasonal employees shall not be eligible for this insurance.
Nothing contained herein shall preclude the City from self-insuring this benefit or assigning same to another insurance company provided however that the coverage provided by such change shall not be substantially different from that previously enjoyed.
The City’s contribution as herein above set forth shall continue for as long as the enrolled employee continues to be employed by the City and receives a bi-weekly pay check.
An employee may, where permitted by the insurance company, continue this coverage by paying the total premium directly to the insurance company.
Each employee or retiree is responsible to notify the City Manager immediately of any qualifying events regarding the group medical and dental plans. A qualifying event is:
Marriage
Divorce
Birth
Death
Emancipation of Dependent
Adoption
65th Birthday
Failure to immediately notify the City Manager will subject the employee or retiree to loss of coverage and/or liability for costs incurred.
Article 18(b) – Health Benefit Insurance Program – Direct Access 1B (DA1B) or Its Equivalent – Plan B
(Available only to eligible union members hired on or after January 1, 2004)
18.1(b) Effective January 1, 2004, all eligible Union members covered by this Agreement and eligible members of their families plus all eligible retirees* with a retirement date subsequent to January 1, 2004 and eligible members of their families shall be entitled, until the demise of the Association member, to that coverage, or its equivalent, set forth in the “Direct Access Design 1 City of Hackensack Active Plan B” attached hereto as Schedule 2:
*Eligible retiree shall be any Union member who has 25 years service credit with the City and has been accepted by the PERS as a retiree subsequent to January 1, 2004 and continues to receive benefits under Special, Ordinary Disability or Accidental Disability Retirement. The 25-year pension credit is waived for disability retirees.
18.2(b) Association members who retired prior to January 1, 2004 shall continue to receive the benefits provided by the applicable contract when they retired.
18.3(b) A Retiree who:
is covered by the City’s Health Benefit Insurance Program and
is actively employed by another employer and
is covered by his current employer’s Health Insurance Program,
shall submit all medical claims first to his current employer’s Health Benefit Insurance Program as his “Primary” insurance carrier so long as he/she continues to be insured. The City’s Health Benefit Insurance Program shall remain as his/her secondary coverage.
18.4(b) All coverage's provided by the City for Medicare eligible retirees and their eligible dependents shall be secondary to their Medicare coverage's.
18.5(b) All Retirees (retired after January 1, 2004) and eligible dependents who are Medicare eligible must provide both Medicare Part A and Part B coverage's to be eligible for coverage's provided by the City. The City shall reimburse each retiree for his/her Medicare Part B cost each December provided the retiree submits a copy of his/her Medicare Card to the Chief Financial Officer, 65 Central Avenue, Hackensack, New Jersey 07601, prior to the year end wherein he/she becomes Medicare eligible.
18.6 (b) The City shall repair eyeglasses when eyeglasses are damaged or broken in the course of employment for members of the Union.
18.7 (b) The City and the Members of the Union shall provide a Dental Benefit Insurance Program during the term of this Agreement to a maximum of One Thousand Five Hundred ($1,500) Dollars per year per patient together with orthodontic coverage not to exceed $800 per year per patient, subject to the following conditions:
The City shall pay the lesser of 50% of the enrollee’s annual premium or $150.00 (pro-rata for mid-year enrollees) and the enrollee shall pay the balance through periodic payroll deductions.
It is understood and agreed that no employee shall be obligated to participate in such Program. Once enrolled at the inception of the program or subsequently at future annual enrollment dates, an employee may voluntarily terminate enrollment. Re-enrollment shall be permitted at the next annual enrollment date; however, no employee will be permitted to terminate enrollment more than two (2) times during their continuous employment.
Part-time and seasonal employees shall not be eligible for this insurance.
Nothing contained herein shall preclude the City from self-insuring this benefit or assigning same to another insurance company provided however that the coverage provided by such change shall not be substantially different from that previously enjoyed.
The City’s contribution as herein above set forth shall continue for as long as the enrolled employee continues to be employed by the City and receives a bi-weekly pay check.
An employee may, where permitted by the insurance company, continue this coverage by paying the total premium directly to the insurance company.
Each employee or retiree is responsible to notify the City Manager immediately of any qualifying events regarding the group medical and dental plans. A qualifying event is:
Marriage
Divorce
Birth
Death
Emancipation of Dependent
Adoption
65th Birthday
Failure to notify the City Manager will subject the employee or retiree to loss of coverage and/or liability for costs incurred.
Article 18 (c)
Health Benefit Insurance Program – Direct Access 10A (DA10A) or Its Equivalent
(Available only to eligible Union members hired on or before December 31, 2003)
18.1(c) Effective January 1, 2004, all eligible Union members covered by this Agreement and eligible members of their families, shall be eligible to select “Direct Access Design 10 City of Hackensack Plan A” attached hereto as Schedule 3.
18.2 (c) The City shall repair eyeglasses when eyeglasses are damaged or broken in the course of employment for members of the Union.
18.3 (c) The City and the Members of the Union shall provide a Dental Benefit Insurance Program during the term of this Agreement to a maximum of One Thousand Five Hundred ($1,500) Dollars per year per patient together with orthodontic coverage not to exceed $800 per year per patient, subject to the following conditions:
1) The City shall pay the lessor of 50% of the enrollee’s annual premium or $150.00 (pro-rata for mid-year enrollees) and the enrollee shall pay the balance through periodic payroll deductions.
2) It is understood and agreed that no employee shall be obligated to participate in such Program. Once enrolled, at the inception of the program or subsequently at future annual enrollment dates, an employee may voluntarily terminate enrollment. Re-enrollment shall be permitted at the next annual enrollment date; however, no employee will be permitted to terminate enrollment more than two (2) times during their continuous employment.
3) Part-time and seasonal employees shall not be eligible for this insurance.
4) Nothing contained herein shall preclude the City from self-insuring this benefit or assigning same to another insurance company provided however that the coverage provided by such change shall not be substantially different from that previously enjoyed.
5) The City’s contribution as herein above set forth shall continue for as long as the enrolled employee continues to be employed by the City and receives a bi-weekly pay check.
6) An employee may, where permitted by the insurance company, continue this coverage by paying the total premium directly to the insurance company.
7) Each employee or retiree is responsible to notify the City Manager immediately of any qualifying events regarding the group medical and dental plans. A qualifying event is:
Marriage
Divorce
Birth
Death
Emancipation of Dependent
Adoption
65th Birthday
Failure to immediately notify the City Manager will subject the employee or retiree to loss of coverage and/or liability for costs incurred.
Article 18 (d)
Health Benefit Insurance Program – Direct Access 10B (DA10B) or Its Equivalent
(Available only to eligible Union members hired on or after January 1, 2004)
18.1(d) Effective January 1, 2004, all eligible Union members covered by this Agreement and eligible members of their families, plus all eligible retirees with a retirement subsequent to January 1, 2004 and eligible members of their family, shall be entitled until the demise of the Association member, that coverage, or its equivalent, set forth the “Direct Access Design 10 City of Hackensack Plan “B” attached hereto as Schedule 4.
*Eligible retiree shall be any Union member who has 25 years service credit with the City and has been accepted by the PERS as a retiree subsequent to January 1, 2004 and continues to receive benefits under Special, Ordinary Disability or Accidental Disability Retirement. The 25-year pension credit is waived for disability retirees.
18.2 (d) The City shall repair eyeglasses when eyeglasses are damaged or broken in the course of employment for members of the Union.
18.3 (d) The City and the Members of the Union shall provide a Dental Benefit Insurance Program during the term of this Agreement to a maximum of One Thousand Five Hundred ($1,500) Dollars per year per patient together with orthodontic coverage not to exceed $800 per year per patient, subject to the following conditions:
1) The City shall pay the lessor of 50% of the enrollee’s annual premium or $150.00 (pro-rata for mid-year enrollees) and the enrollee shall pay the balance through periodic payroll deductions.
2) It is understood and agreed that no employee shall be obligated to participate in said Program. Once enrolled, at the inception of the program or subsequently at future bi-annual enrollment dates, an employee may voluntarily terminate his enrollment, however, re-enrollment at any later date during continuous employment with the City will be denied.
3) Part-time and seasonal employees shall not be eligible for this insurance.
4) Nothing contained herein shall preclude the City from self-insuring this benefit or assigning same to another insurance company provided however that the coverage provided by such change shall not be substantially different from that previously enjoyed.
5) The City’s contribution as herein above set forth shall continue for as long as the enrolled employee continues to be employed by the City and receives a bi-weekly pay check.
6) An employee may, where permitted by the insurance company, continue this coverage by paying the total premium directly to the insurance company.
ARTICLE 19 – GRIEVANCE PROCEDURE
19.1 The purpose of the grievance procedure shall be to settle all grievances between the City and the Union as quickly as possible, so as to insure efficiency and promote employee’s morale.
19.2 A grievance shall be defined to mean an alleged violation by an employee, group of employees, or the Union or by the City of specific provision of this Agreement.
19.3 No settlement of a grievance presented by an employee shall contravene any provisions of this Agreement, or applicable provisions of New Jersey Statutes.
Procedure:
The matter shall first be discussed orally with the employee’s immediate supervisor within 7 calendar days of occurrence giving rise to the grievance. If such discussion does not resolve the grievance, it may be processed to the next step.
Within 7 calendar days from receiving a final answer from the employee’s immediate supervisor, the grievance shall be presented in writing, to the Department Head who shall arrange for such meetings and make such investigations as are necessary to give his answer in writing within 7 calendar days of the receipt of the grievance. If this answer does not resolve the grievance, it may be processed to the next stage.
Within 7 calendar days of the transmittal of the written answer by the Department Head, either party may then request a hearing before the City Manager. Either party may appeal the City Manager’s ruling to the New Jersey Department of Personnel or the Public Employment Relations Commission to provide arbitration service, or submit the grievance to the arbitration panel established by the Governor under the provisions of P.L. 1968, c.303 New Jersey Employer-Employee Relations Act. The authority of the arbitrator shall be limited to the interpretation and application of this Agreement. He shall have no right to add to or subtract from the Agreement.
The arbitrator shall hear only one (1) issue per arbitration. Furthermore, an arbitrator shall not hear any matters in which the primary jurisdiction is under the New Jersey State Department of Personnel.
19.5 The decision of the arbitrator shall be final and binding on both parties.
19.6 Each party shall bear its own costs, but the cost of the arbitrator shall be borne by the parties, based upon the PERC filing date of the charge, according to the following:
Unsuccessful Party 70%
Successful Party 30%
ARTICLE 20 – WORK STOPPAGES
20.1 Since adequate grievance procedures are provided in this Agreement, the Union agrees that it will not engage in, encourage, sanction or suggest strikes, slow-downs, mass resignation, mass absenteeisms or any other similar action which would involve a work stoppage that may disturb or interfere with the orderly operation of the City.
20.2 Nothing contained herein shall be deemed to diminish or modify any rights or remedies of any of the parties as contained in any laws or statutes or any regulations promulgated by a governmental agency.
ARTICLE 21 – VACATIONS
21.1 All employees hired prior to the execution date of this Agreement, shall be granted vacation leave based upon the following from date of hire:
YEARS OF SERVICE BY 12/31 VACATION DAYS EARNED
First Year 1 day per full month
1 - 2 12
3 - 4 13
5 - 9 14
10 - 14 16
15 - 19 18
20 - 24 21
25 - 29 23
30+ 26
Administrative Provisions:
(1) Vacation leave must be earned before it can be taken. Vacation leave earned in one year can only be taken after January 1, of the next year, and must be taken before December 31st of the subsequent year or forfeited. A newly hired employee may request and receive up to five (5) vacation days with pay during his first calendar year of employment with specific approval of the City Manager. Any vacation leave so utilized will be charged against the employee’s total vacation leave accrual.
(2) An employee shall be paid for earned but unused and unforfeited vacation leave upon termination of employment if proper notice is given. Two (2) weeks notice is considered proper.
(3) If an employee is on a leave of absence without pay for more than two weeks in any month, he does not earn vacation leave for that month, except in the case of military leave with pay.
(4) An employee on an approved leave of absence with pay status will continue to accrue vacation leave, according to his length of service and regular work schedule.
(5) Nothing contained in this Article shall be deemed to interfere with the right of management to either cancel a vacation or to change the time for the taking of same where the interests of the department so dictate.
ARTICLE 22 – HOLIDAYS
22.1 The following days are recognized as paid holidays for the purpose of this agreement:
New Year’s Day
Presidents’ Day
Good Friday
July 4th
Labor Day
Columbus Day
Election Day/General/November
Veteran’s Day
Friday after Thanksgiving
In addition to the foregoing days, each covered employee shall be entitled to one “floating holiday” on a day of their choice, subject to approval by his/her immediate supervisor.
22.2 If any holidays fall on a Sunday, the Monday after shall be considered and recognized as the holiday for the purposes of this Agreement.
22.3 If any holidays fall on a Saturday, the Friday before shall be considered and recognized as the holiday for the purposes of this Agreement.
22.4 An employee who is scheduled to work on a holiday and fails to report to work on said holiday shall not receive any pay for that holiday; however, if the employee’s failure to work is as the result of leave permitted under the terms of this Agreement, he shall receive one day’s pay only, which shall be for the one day permitted leave. If said employee calls in sick on a holiday, he shall receive one (1) day’s pay only, which shall be for the one sick day.
ARTICLE 23 - PERSONAL DAY
23.1 Each January 1, one (1) personal day off with pay shall be granted to all full-time members of the bargaining unit to be used within that calendar year.
This personal day shall be requested, in writing, 72 hours in advance and approved by the Department Head. This day shall not be used before or after a scheduled vacation period or a legal holiday as defined herein.
A first year employee shall be eligible for this benefit only upon completion of six (6) continuous months of employment.
The City will not reimburse an employee for an unused personal day upon termination of employment or retirement. In the event of an employee’s death, his estate shall receive pay for his unused personal day.
ARTICLE 24 - FUNERAL LEAVE
24.1 In the event of a death occurring in the “immediate family” of a full-time member of the Union, the member shall be granted three (3) work days off without loss of pay or loss of any of his accumulated sick leave in accordance with the following:
24.2 “Immediate family” shall be defined to include: spouse, children, mother, father, brother, sister, grandparents, grandchildren, foster child, mother-in-law, father-in-law, brother-in-law, sister-in-law and relatives of the employee residing in the employee’s household.
ARTICLE 25 – UNION ACTIVITIES
25.1 The Union President or one (1) designated representative shall be given time off with pay for attendance at unfair practice proceedings and for the processing of grievances, including arbitration. The President and one (1) Union member shall be
given time off with pay for collective bargaining meetings, inclusive of arbitration, provided that this time off is with applicable Department Head’s permission and does not adversely affect the safe and efficient delivery of services.
ARTICLE 26 – DUES DEDUCTIONS/AGENCY SHOP
26.1 The City shall deduct Union dues in accordance with State statutes and remit the sum so deducted to the Treasurer of the Union.
26.2 Any employee in the bargaining unit on the effective date of this Agreement who does not join the Union within thirty (30) days thereafter, any new employee who does not join within thirty (30) days of initial employment within the unit, and any employee previously employed within the unit who does not join within ten (10) days of re-entry into employment with the City shall, as a condition of employment, pay a representation fee to the Union by automatic payroll deduction. The representation fee shall be in an amount not greater than eighty-five (85%) percent of the regular Union membership dues, fees, and assessments as certified to the employer by the Union. The Union may revise its certification of the amount of the representation fee at any time to reflect 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 this 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.
26.3 The Union agrees that it will indemnify and save harmless the City against any and all actions, claims, demands, losses or expenses (including reasonable attorneys’ fees) in any matter resulting from action taken by the City at the request of the Union under this Article.
ARTICLE 27 – MANAGEMENT RIGHTS
27.1 The Union recognizes that the City may not, by agreement, delegate authority and responsibility which by law are imposed upon and lodged with the City.
27.2 The City reserves to itself sole jurisdiction and authority over matters of policy and retains the right, in accordance with the laws of the State of New Jersey and the rulings of the New Jersey Department of Personnel to do the following:
To direct employees of the City.
To hire, assign, promote, transfer and retain employees covered by this Agreement with the City or to suspend, demote, discharge or take disciplinary action against employees.
To make work assignments and work and shift schedules.
To relieve employees from duties because of the lack of work, or other legitimate reasons.
To maintain the efficiency of the City operations entrusted to them.
To determine the methods, means and personnel by which such operations are to be conducted.
ARTICLE 28 – LEAVES OF ABSENCE
28.1 The City Manager may at his sole discretion and without right of appeal by employee grant permanent employees a leave of absence without pay for a period not to exceed one (1) year. A leave may be extended beyond one (1) year for exceptional circumstances upon the request of the City Manager and written approval of the New Jersey Department of Personnel.
28.2 An employee shall not accrue credit for vacation days, sick days, longevity pay, holiday pay, annual stipends or any other allowances, during a leave of absence without pay or during a suspension.
28.3 A leave of absence shall not disqualify an applicant for a promotional examination.
28.4 Prior to commencing the Leave of Absence, an employee is responsible to discuss with his/her department head the status of his/her medical, dental and/or disability insurance and pension while on a Leave of Absence.
ARTICLE 29 – JURY DUTY & EMERGENCY LEAVE
29.1 Employees shall be given leave with pay when:
Summoned to appear as a witness before a court, legislative committee or judicial or quasijudicial body unless the appearance is as an individual and not as an employee or other Officer of the City.
Performing emergency civilian duty in relation to national defense or other emergency when so ordered by the Governor or the President of the United States.
29.2 Any monies received by the employee for his/her appearance in situations outlined above shall be returned to the City, except when such monies are payment for transportation and/or meals.
ARTICLE 30 – SEVERABILITY AND SAVINGS
30.1 Should any part of this Agreement be held unlawful and unenforceable by any court of competent jurisdiction, such decision of the court shall apply only to the specific portion of the Agreement affected by such decision.
ARTICLE 31 - CDL LICENSE
31.1 Effective on or before April 1, 1992, in accordance with Federal Regulations, all employees who are required or may be assigned to operate a City vehicle covered by said regulations, must secure a CDL License. Failure to comply with this Federal Regulation may result in disciplinary action, loss of pay, demotion and/or reassignment.
31.2 Upon successful completion and securing the CDL License, the City shall reimburse each employee for the application/test and CDL License fee only once.
ARTICLE 32 – ACTING ASSISTANT SUPERINTENDENT STIPEND
32.1 The Superintendent of Public Works shall determine and publish a list showing the rotating shift assignments wherein each Supervisor shall assume the function of Acting Assistant Superintendent for an equal portion of the calendar year.
32.2 Each supervisor so assigned shall receive an annual stipend outside of base salary as shown below, payable each December and pro-rata based upon the number of full months so assigned as a Supervisor in that calendar year. 2011-2014 $300. 32.3 The City reserves the sole right to terminate the Acting Assistant Superintendent Stipend and procedure by replacing same with another management organizational structure.
ARTICLE 33 – SAFETY GEAR
33.1 The City may issue safety/protective gear (i.e., eye or ear protection, breathing apparatus, back supports, etc.) which is to be used at all times or only when operating specific equipment as directed by the applicable Superintendent. Failure to properly utilize such gear will subject the employee and/or his supervisor to disciplinary action.
ARTICLE 34 - DURATION
34.1 Except as this Agreement shall otherwise provide, it shall become effective upon passage by the City Council of the City of Hackensack and shall commence January 1, 2011, and continue in effect until December 31, 2014. This Agreement shall continue in full force and effect until superseded by another Agreement provided both sides mutually agree.
34.2 This Agreement contains the full and entire understanding of the parties in its full and final settlement of all wages and terms and conditions of employmen
34.3 The parties agree that the Union shall be supplied with a reasonable number of copies of this Agreement.
HACKENSACK PUBLIC CITY OF HACKENSACK
WORKS SUPERVISORS
TEAMSTERS LOCAL 560
_________________________________ _____________________________
MAYOR
_________________________________ _____________________________
_________________________________ _____________________________
CITY MANAGER
_________________________________ _____________________________
ATTEST ATTEST
APPENDIX A – DPW SUPERVISORS
1. Salary Increases for all employees covered by this Agreement:
2011 – 2.0%
2012 – 1.0%
2013 – 1.5%
2014 – 1.5%
2. The City will institute mandatory safety courses, of which the employees must attend/pass two (2) safety courses/year; if they do so, they will have $300.00 added to their base salary in the following year (i.e. attend/pass two (2) safety courses in 2011 – receive $300.00 in their base in 2012) for the years 2011, 2012, 2013 and 2014. However, the parties will assume that all eligible employees (as defined above for eligibility as to the 2011 pay raise) achieved the necessary requirements to receive the $300.00 payment for 2011.
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