AGREEMENT
between
ATLANTIC CITY MUNICIPAL UTILITIES AUTHORITY
ATLANTIC COUNTY, NEW JERSEY
and
AFSCME COUNCIL 71, LOCAL 3974A/SUPERVISORS' ASSOCIATION
OF THE ATLANTIC CITY MUNICIPAL UTILITIES AUTHORITY
_________________________________________________________________
January l, 2005 through December 3l, 2009
_________________________________________________________________
JOHN C. MATTHEWS, ESQUIRE
ll25 Atlantic Avenue
Suite 540
Atlantic City, New Jersey 0840l
(609) 345-3066
T A B L E O F C O N T E N T S
Article Page
PREAMBLE . . . . . . . . . . . . . . . . l
I RECOGNITION . . . . . . . . . . . . . . . 2
II MANAGEMENT RIGHTS . . . . . . . . . . . . 3
III NO WAIVER . . . . . . . . . . . . . . . . 5
IV DUES CHECKOFF, REPRESENTATION FEE
AND INDEMNIFICATION . . . . . . . . . . 6
V GRIEVANCE PROCEDURE . . . . . . . . . . . l0
VI SALARY INCREASES - 2005,2006,2007,2008,2009 l5
VII NO-STRIKE PLEDGE . . . . . . . . . . . . l6
VIII PROBATIONARY PERIOD . . . . . . . . . . . l7
IX POSTING OF JOB VACANCIES . . . . . . . . 18
X WORK SCHEDULES . . . . . . . . . . . . . 19
XI CALL-IN-TIME AND OVERTIME . . . . . . . . 21
XII INSURANCE COVERAGE . . . . . . . . . . . 23
XIII VACATION . . . . . . . . . . . . . . . . 24
XIV LEAVE OF ABSENCE . . . . . . . . . . . . 26
XV SENIORITY . . . . . . . . . . . . . . . . 27
XVI TERMINAL LEAVE . . . . . . . . . . . . . 29
XVII HOLIDAYS AND PERSONAL DAY . . . . . . . . 30
XVIII PAID LEAVES . . . . . . . . . . . . . . . 32
XIX CLOTHING ALLOTMENT . . . . . . . . . . . 35
XX LONGEVITY . . . . . . . . . . . . . . . . 37
XXI NON DISCRIMINATION . . . . . . . . . . . 38
XXII UNION BUSINESS . . . . . . . . . . . . . 39
XXIII UNION VISITATION RIGHTS . . . . . . . . . 41
XXIV BULLETIN BOARD PRIVILEGES . . . . . . . . 42
XXV SEVERABILITY . . . . . . . . . . . . . . 43
XXVI REPORTING ACCIDENTS . . . . . . . . . . . 44
XXVII SAFETY COMMITTEE . . . . . . . . . . . . 45
XXVIII EDUCATIONAL BENEFITS AND LICENSING. . . . 46
XXIX WORKERS' COMPENSATION . . . . . . . . . . 51
XXX AMERICANS WITH DISABILITIES ACT . . . . . 52
XXXI TERM AND RENEWAL . . . . . . . . . . . . 53
APPENDIX A. . . . . . . . . . . . . . . . 54
PREAMBLE
This AGREEMENT made this day of ,
2005, by and between ATLANTIC CITY MUNICIPAL UTILITIES AUTHORITY,
in the City of Atlantic City, County of Atlantic, State of New
Jersey, a public employer of the State of New Jersey (hereinafter
referred to as the "Authority"), and the AFSCME COUNCIL 71, LOCAL 3974A/SUPERVISORS' ASSOCIATION OF THE ATLANTIC CITY MUNICIPAL
UTILITIES AUTHORITY (hereinafter referred to as the "Union").
22
ARTICLE I
RECOGNITION
A. The Authority recognizes the Union as the exclusive
representative for the purpose of collective negotiations
with respect to the terms and conditions of employment of
the members of the bargaining unit, which shall be defined
as follows:
All supervisory employees employed by the Authority
excluding managerial executives, confidential and craft
employees, police, Executive Director, Deputy Executive
Director, Plant Manager, Assistant Plant Manager,
Distribution System Manager, Executive Secretary,
Staff Engineer, Principal Personnel Clerk and all other
employees.
This recognition, however, shall not be interpreted as
having an effect on or in anyway abrogating the rights
of employees as established by Chapter 123 P.L. 1974.
ARTICLE II
MANAGEMENT RIGHTS
A. The Authority hereby retains and reserves unto itself,
without limitation, all powers, rights, authority, duties
and responsibilities conferred upon and vested in it prior
to and after the signing of this Agreement by the Laws and
Constitution of the State of New Jersey and of the United
States, including but without limiting the generality of the foregoing the following rights.
l. The executive management and administrative control of
the Authority and its properties and facilities, and
the activities of its employees;
2. To hire all employees and to determine their qualifications and conditions of continued employment
or assignment, and to promote and transfer employees;
3. To suspend, demote, discharge or take other
disciplinary action for good cause;
4. To establish a code of reasonable rules and regulations of the Authority for the operation of the
Authority;
5. To make all decisions relating to the performance of
the Authority's operations and maintenance activities,
including but not limited to the methods, means,
processes, materials, procedures and employees to be
utilized;
6. To evaluate the work performance levels and standards
of performance of the employees;
7. To take any actions considered necessary to establish
and maintain efficiency and cost effective operations
and maintenance;
8. To assign work as it determines will benefit the
Authority and/or the public it serves;
B. The exercise of the foregoing powers, rights, authority,
duties or other responsibilities of the Authority; and the
adoption of policies, rules, regulations and practices in
furtherance thereof, shall be limited by the terms of this
Agreement, to the extent such terms hereof are in conform- ance with the Constitution and Laws of New Jersey and of
the United States.
C. Nothing contained herein shall be construed to deny or
restrict the Authority in its exclusive right to administer the Authority and control the work of its personnel, nor to deny or restrict the Authority in any of its rights, responsibilities and authority under
N.J.S.A. 40A:l4A et seq., or N.J.S.A. 40A:l4B et seq. (the Sewerage Authority Law) or any other national or state laws.
ARTICLE III
NO WAIVER
The failure of either party to exercise any right under this
Agreement shall not be deemed a waiver thereof.
ARTICLE IV
DUES CHECKOFF, REPRESENTATION FEE
AND INDEMNIFICATION
A. Upon receipt of proper written authorization, the Authority shall deduct Union dues on a pro rata basis and
shall remit the monies collected to the Union once each
quarter.
B. The Union agrees to indemnify, defend and hold and save
the Authority harmless from any cause of action, demand,
claim, suit, loss, damages or any other liability that
shall arise out of or by reason of action taken under
this clause.
C. If the rate of dues should change, the Union shall provide
the Authority with ninety (90) days advance notice of such
change.
D. All deductions under the Article shall be subject to Chapter 233, N.J. Public Laws of l969, N.J.S.A. (R.S.)
52:l4-l5.9(e).
E. Assignees shall have no right or interest whatsoever in any money authorizedly withheld until such money is actually paid over to them. The Authority or any of its
officers and employees shall not be liable for any delay in carrying out such deductions by mail to the assignees'
last known address, the Authority and its officers and
employees shall be released from all liability to the
employee-assignors and to the assignees under such
assignments.
F. The parties agree that all employees in the bargaining
unit who do not become members of the Union during any
union membership year shall have deducted from their
salaries and forwarded to the Union a representation fee
in a manner and in an amount as provided below.
l. Representation Fee Amount
Within thirty (30) days of the execution of this
Article, the Union shall notify the Employer of the
representation fee sum to be deducted from nonmembers'
salaries for the remainder of the year. Thereafter,
the Union shall notify the employees of the
appropriate annual representation fee on an annual
basis. Said sum shall not exceed eighty-five (85%)
percent of the regular membership dues, fees and
assessment charged to Union members unless the
Legislature amends the existing ceiling rate
whereupon the representation fee deducted shall be
that amount set by the Union and consistent with the
amended Legislation. Any change in the representation
fee shall be made upon written notification to the
Employer.
2. Representation Fee Deductions
The annual representation fee shall be deducted from
nonmembers' salaries in substantially equal monthly
(bi-weekly) installments. Representation fee
deductions from the salaries of all nonmember-employee
shall commence within thirty (30) days following the
beginning of their employment in a bargaining unit
position or the tenth (l0th) day following reentry into the bargaining unit for employees who previously
served in bargaining unit positions and who continued
in the employ of the Atlantic City Municipal Utilities
Authority employees in a nonbargaining unit position
and persons being reemployed in such a unit from the
reemployment list.
If during the course of the year the nonmember becomes
a Union member, the Employer shall cease deducting the representation fee and commence deducting the Union
dues beginning with the first paycheck to be issued ten (l0) days after written notification of the change
in status. Conversely, if during the course of the year, the Union member directs the Employer to cease
Union dues deductions in a manner appropriate under
the terms of this Agreement, the Employer shall commence deduction of the representation fee with the
first paycheck to be issued ten (l0) days after
written notification of the change in status. After deduction, representation fees shall be transmitted
to the Union in the same manner and in the same time
as union dues.
3. The Union shall save the Employer harmless from any
claims, suits, demands, or obligations raised against
it by virtue of any representation fee deductions
(transfer of funds from Employee to Union).
4. All employees shall have the option of having a withdrawal made from their paycheck for payment to the AFSCME Council 71 Political Action Committee (PAC). This withholding shall be at the sole discretion of the employee and will commence upon the receipt of a written request to the Personnel Officer of the ACMUA to make this withdrawal by the individual employee.
ARTICLE V
GRIEVANCE PROCEDURE
A. DEFINITIONS
The term "grievance" as used herein means any controversy
arising over the interpretation, application or alleged
violation of policies or administrative decisions affecting terms and conditions of employment or of the
express terms of this Agreement, and may be raised by an
individual unit employee, a group of unit employees, or the Union, at the request of any such individual or group
(hereinafter referred to as the "grievant").
B. PURPOSE
The purpose of this grievance procedure is to secure an
equitable solution to grievances as herein defined. The
parties agree that grievances should be resolved at the
lowest possible administrative level. Therefore, no
grievance shall by-pass any step of the grievance procedure except as expressly provided herein and any
failure to prosecute a grievance within the time periods
provided shall constitute an absolute bar to relief and
shall estop the grievant from prosecuting his grievance
in any forum thereafter. This grievance procedure
constitutes the sole and exclusive methods for raising
and disposing of controversies within the definition of
the term.
C. PROCEDURE
l. Step One - Immediate Supervisor
(a) A grievant must file his grievance in writing with the Immediate Supervisor within five (5)
days of the occurrence of the matter complained
of. A copy shall be provided to the Shop Steward.
(b) The written grievance must identify the grievant
by name (s) and be signed by him (them) and the
Shop Steward. It must set forth a statement of
the facts constituting the grievance, the
approximate time and place of occurrence of the
facts leading to the grievance, the names of all
Authority representatives whose action or failure
to act forms the basis of the grievance, and the
specific contract provision (s), if any, forming
the basis of the grievance, and must set forth the remedy sought by the grievant.
(c) Once a grievance comporting with all the foregoing requirements is timely filed, the
Immediate Supervisor shall investigate the
grievance and render a written response, which
shall be given to the grievant within ten (l0)
days from receipt of the grievance.
2. Step Two - Deputy Executive Director
In the event the grievance is not resolved to the
grievant's satisfaction at Step One, or in the event the Immediate Supervisor has not served a
timely written response at Step One, then within
five (5) days after the response date set forth
in Step One, the grievant may present the written
grievance and any written response(s) received at
Step One to the Deputy Executive Director. Upon
receipt of the grievance by the Deputy Executive
Director, the procedures set forth in Step One
shall be followed, except that the parties shall
meet within fifteen (l5) days of the presentation
of the grievance to the Deputy Executive Director
and the Deputy Executive Director shall have
fifteen (l5) days thereafter to respond in writing.
3. Step Three - Executive Director
In the event the grievance is not resolved to the
grievant's satisfaction at Step Two, or in the event the Deputy Executive Director has not
served a timely written response at Step Two,
then within five (5) days after the response date
set forth in Step Two, the grievant may present
the written grievance and any written response(s)
received at Step One to the Executive Director.
Upon receipt of the grievance by the Executive
Director, the procedures set forth in Step Two
shall be followed, except that the parties shall
meet within thirty (30) days of the presentation
of the grievance to the Executive Director and the Executive Director shall have forty-five (45)
days thereafter to respond in writing
4. Step Four - Arbitration
(a) If the grievance remains unsettled, the Union may, within thirty (30) working days after the
reply of the Executive Director or his designee
is due, by written notice to the Employer, proceed to binding arbitration. A request for
arbitration shall be made no later than such
thirty (30) day period and a failure to file
within said time period shall constitute a bar
to such arbitration unless the Union and Employer
shall mutually agree upon a longer time period
within which to adjust such a demand.
(b) With regard to subject matters that are
grievable, the arbitration proceedings shall be
conducted by an arbitrator to be selected through
the auspices of the Public Employment Relations
Commission. The arbitrator shall retrict his
inquiry to the standards established by the
Agreement and the arbitrator shall be requested
to issue his decision within thirty (30) days
after the conclusion of testimony and argument.
His decisions shall be in writing and final and
binding on both parties. He may not alter the
parties' agreement in any manner.
(c) Expenses for the arbitrator's services shall be
born equally by the Employer and Union; however,
each party shall be responsible for compensating
its own representatives and witnesses. If either
party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record.
D. TIME LIMITS
Time limits may only be extended by mutual agreement of the parties in writing.
ARTICLE VI
SALARY INCREASES -2005 - 2006 - 2007 - 2008 - 2009
A. l. Effective January l, 2005, there shall be an increase
of 3.5% over and above the base salary of the year 2004.
2. Effective January l, 2006, there shall be an increase
of 3.5% over and above the base salary of the year 2005.
3. Effective January l, 2007, there shall be an increase
of 3.5% over and above the base salary of the year
2006.
4. Effective January l, 2008, there shall be an increase
of 3.5% over and above the base salary of the year 2007.
5. Effective January 1, 2009, there shall be an increase
of 3.5% over and above the base salary of the year
2008.
B. Shift employees shall be paid at the rate of one dollar
($1.00) per hour additional from 4:00 P.M. to l2:00 A.M.
and one dollar and twenty-five cents per hour ($1.25)
additional from l2:00 A.M. to 8:00 A.M. This shift
differential payment shall only be paid to those employees
in continuous operation.
The increases in this Article represent all increases for
employees for 2005, 2006, 2007, 2008 and 2009.
ARTICLE VII
NO-STRIKE PLEDGE
A. The Union covenants and agrees that during the term of this
Agreement and during negotiations of a Successor Agreement,
neither the Union or any person acting in its behalf will
cause, authorize or support, nor will any of its members take part in any strike (i.e., the concerted failure to report for duty or willful absence of any employee from his position, or stoppage of work, or abstinence in whole or in part from the full, faithful and proper performance of the employee's duties of employment), work stoppage, slowdown, walk-out or other job action.
B. The Union agrees that it will take all reasonable actions to
prevent its members from participating in a strike, work
stoppage, slowdown or other activity aforementioned.
C. In the event of a strike, slowdown, walk-out or any other job action, it is covenanted and agreed that participation in such activity by any Union member may be deemed grounds for disciplinary action, including possible termination of
employment of such employee or employees, pursuant to law
and other provisions of this Agreement.
D. Nothing contained in this Agreement shall be construed to
limit or restrict the Authority in its right to seek and
obtain such judicial relief as it may be entitled to have in law or in equity for an injunction or damages, or both in
the event of such breach by the Union or any of its members.
ARTICLE VIII
PROBATIONARY PERIOD
A. During the first three (3) months of continuous employment,
an employee shall be considered a probationary employee, and the Authority may terminate his employment within that
time without a challenge based upon this Agreement, by
either the employee or the Union. This probationary period
may be extended upon notice to the Union and the employee
affected by an additional thirty (30) day period.
ARTICLE IX
POSTING OF JOB VACANCIES
A. All new and vacant positions within the bargaining unit shall be posted on the bulletin board for a period of seven (7) days. Employees applying for such vacancies shall make a request in writing to the Executive Director.
B. Employees within the bargaining unit shall be given
consideration in applying for job openings covered under
this Agreement, provided that such employees are, in the
discretion of the Authority, qualified.
C. If two (2) or more qualified employees and/or outside applicants apply for such position or promotion, seniority
will be considered along with qualifications in determining
which of them shall be selected to fill the position. The
Authority reserves the right, in its sole discretion, to
select the most qualified candidate from within or without
the Authority, to fill the position.
D. Employees may apply for positions only during the posting
period.
E. If promoted, an employee shall serve in the new capacity for
a probationary period as per Article VIII herein.
F. It shall be the exclusive determination of the Authority
whether to advertise job vacancies or new positions to the
general public.
ARTICLE X
WORK SCHEDULES
I. For All Employees
A. The regularly scheduled work week shall be forty (40)
hours per week, five (5) consecutive days, except for
employees in continuous operations not normally scheduled Monday to Friday. Those employees in continuous operations will be assigned a schedule. The Employer shall continue to normally schedule those employees who are now working a five (5) day - forty (40) hour, Monday to Friday schedule in the same manner. Where necessary, the Employer may assign weekend duty to any employee.
B. In the event it becomes necessary to change the normal
starting time of a shift, the Employer will post a notice seventy-two (72) hours in advance of such change. The Manager of the department shall notify and confer (explain) with an officer of the Union before effecting the change but shall not require the approval of the Union before effecting the change.
C. Employees working late shifts and employees who are on
vacation may pick up paychecks on the normal payday at
the Authority's office during its normal business hours, 9:00 A.M. to 4:30 P.M.
D. Sick call-in is required by all employees at least two
hours before their scheduled shift. All employees are
required to call in if they will be late at a reasonable time before their scheduled workday.
ARTICLE XI
CALL-IN-TIME AND OVERTIME
I. For All Employees
A. Any employee who is requested and returns to work during periods other than their regularly scheduled
shift, shall be guaranteed not less than four (4) hours pay at the rate of time and one-half, regardless of
the number of hours actually worked until the start of their regular shift thereafter shall be paid the
appropriate rate at straight time rates. This section shall not apply to scheduled training sessions.
B. Overtime refers to all time worked beyond the regular
hours of duty.
Time and one-half the employee's regular rate of pay
shall be paid for work under the following conditions:
(l) For Senior Water Treatment Plant Operators:
All work over and above the employee's regularly
scheduled assigned shift schedule.
(2) For all other employees:
a. All work performed after eight (8) hours in
one (l) day.
b. All work performed on the sixth (6th) day.
c. All work performed after forty (40) hours
in one week.
d. Double-time: all work performed on
the seventh consecutive day in a workweek
shall be paid as double-time.
C. All overtime shall be paid promptly in the next regular
payroll check after the overtime is performed.
D. In the event that there is a need for non-emergency or
emergency overtime work in the judgement of the
Installation Manager or his designee, and there are no
volunteer, the ACMUA shall have the right to require
an employee to work such overtime. Such employees
shall be chosen in order of reverse seniority within
classification.
II. All employees required to use their personal vehicles in the performance of their duties will receive payment of l8
cents per mile. Employees required to use public transportation in the performance of their duties, shall be
compensated for their expenditures.
ARTICLE XII
INSURANCE COVERAGE
A. The current practice governing hospitalization insurance shall be continued at no cost to the employee and shall remain in effect for the duration of this Agreement. The Authority, however, may change carriers, at its option, so long as similar coverage is maintained
B. The Authority and the Union both acknowledge that the
Authority is a participant in the New Jersey State
Disability Plan and all full time employees of the
Authority are covered by this plan.
ARTICLE XIII
VACATION
A. During the first year of employment, employees shall earn
vacation at the rate of one (l) day per month of service.
Upon completion of the first (lst) through fourth (4th) full
years of service, employees shall be entitled to twelve
(l2) days of vacation. Upon completion of the fifth (5th)
full year of service, employees shall be entitled to fifteen (l5) days of vacation. Upon completion of the
eleventh (llth) full year of service, employees shall be
entitled to eighteen (l8) days of vacation. Upon completion of the sixteenth (l6th) full year of service,
employees shall be entitled to twenty-one (2l) days of
vacation. Upon completion of the twenty-first (2lst) full year of service, employees shall be entitled to twenty-
five (25) days of vacation. All vacation shall be earned on a pro-rata basis.
B. Vacation allowance must be taken during the current
calendar year at the time permitted unless, due to the request of the Authority, it is deferred to the following year. In that event, it may be deferred to the next succeeding year only.
C. Scheduling of all vacations shall be at the discretion of
the Executive Director or his designee. Seniority rights
will be honored to the extent that they do not interfere with the administration and/or operation of the Authority.
D. Vacations shall be taken at a minimum of one (l) week at a
time unless the Authority approves less at its option.
E. Pay for vacation period consists of regular base pay only, excluding overtime and premium pay of any type.
F. Procedural aspects of vacations scheduling shall be as
determined by the Authority.
G. There shall be no vacations taken during "peak" periods, as
determined by the Authority, unless specific permission is
granted by the Authority.
ARTICLE XIV
LEAVE OF ABSENCE
A. An official leave of absence may be granted by Resolution of the Authority.
B. At the discretion of the Executive Director, and with the
approval of the Authority any employee may be granted a
leave of absence without pay.
C. An employee on leave of absence without pay, except military leave, does not accrue vacation leave, sick leave,
or any other benefits. No payments will be made to the
pension system or health plan during this leave of absence,
however, unless the employee agrees to bear the costs.
D. A leave of absence shall not exceed ninety (90) days in
length, after which it may be reconsidered and any requested extension shall either be granted or denied.
E. Employees are required to notify the Authority of the
anticipated date of return, as soon as such date is known
to the employee. Failure to return on such date without
notice shall be considered a voluntary resignation.
F. The Authority shall have the sole discretion in matters of
leaves of absence and each decision made shall be on its
own merits. In no event shall the decision whether or not
to grant a leave be precedential as to any other decision
regarding a leave, nor shall denial be the subject of a
grievance.
G. All permanent employees who are members of the bargaining
unit shall have all the rights and privileges confirmed
upon them by the Family Medical Leave Act of 1993.
ARTICLE XV
SENIORITY
A. DEFINITION
Seniority for existing employees as of date hereof means
an employee's length of continuous service with the
Authority since his last date of hire with the City of
Atlantic City or the Atlantic City Municipal Utilities
Authority. All employees hired after the date hereof,
shall begin as new employees with their seniority date as
of the date of hire with the Atlantic City Municipal
Utilities Authority.
B. PROBATION PERIOD
New employees shall be added to the seniority list four (4) months after their date of hire, or later if a
probationary period extension is obtained by the Authority.
C. SENIORITY LISTS
Every twelve (l2) months the employer shall made available
a seniority list showing the continuous service of each
employee.
D. BREAK IN CONTINUOUS SERVICE
If an employee returns to work in any capacity within one
year, the breaks in continuous service shall be removed
from his record. However, an employee's continuous service record shall be broken by voluntary resignation, discharge for just causes, and retirement. There shall be no deduction from continuous service for any time lost which does not constitute a break in continuous service.
E. LAYOFF
In the event it becomes necessary to lay off employees for
any reason, employees shall be laid off in the inverse order of their seniority, within title and department,
provided the Authority deems those remaining to be qualified.
F. RECALL
Employees shall be recalled from lay off and according to their seniority, within department and title, provided such employees are deemed qualified by the Authority.
G. TRANSFERS
Employees desiring to transfer to other jobs shall submit
an application in writing to their immediate supervisor.
The application shall state the reason for the requested
transfer.
Employees requesting transfer for reasons other than the
elimination of jobs may be transferred to equal or lower
paying job classifications on the basis of seniority, in the Authority's discretion.
H. OTHER
Anything dealing with seniority not in this Article shall be determined by Civil Service Rules and Regulations and
New Jersey State Laws governing the subject.
ARTICLE XVI
TERMINAL LEAVE
A. Upon retirement, all employees shall be entitled to terminal leave with full pay excluding:
l. All salary increases during the period.
2. Sick and vacation days cannot be accumulated while on
terminal leave.
B. The only benefits that shall continue on terminal leave are as follows:
l. Pension contributions.
2. Group insurance.
C. OPTIONAL PLAN
Lump sum payment of 85% of accrued sick leave with a maximum of $l8,000.
ARTICLE XVII
HOLIDAYS AND PERSONAL DAY
A. The employees covered by this Agreement shall receive the
following thirteen (l3) paid holidays:
New Year's Day
Lincoln's Birthday
Washington's Birthday
Good Friday
Memorial Day
July 4th
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
Martin Luther King's Day
B. If a holiday falls on a Sunday, it will be celebrated on
Monday, of on Saturday, it will be celebrated on Friday.
C. When an employee works on one of the above holidays, he/she shall receive an additional day's pay at time and
one half.
D. In order to receive holiday pay or time off, an employee
must work the day before and the day after the holiday, if
so scheduled.
E. In addition to the holidays described in Paragraph A, each
employee shall be entitled to three (3) personal days off per year. All personal days shall be earned on a pro-rata basis. To be eligible for such personal days, employees must give the Authority three (3) days prior notice.
F. Whenever one of the aforementioned holidays falls on an
employee's regular day off, the employee shall be given an
compensatory day off in its place. Said day shall be
scheduled at a mutually convenient time.
ARTICLE XVIII
PAID LEAVES
A. TIME OFF FOR UNION ACTIVITIES
l. The Authority agrees that the Union negotiating
committee (not to exceed two members) has the right to
attend all sessions without the loss of pay.
B. SICK LEAVE
l. Employees shall be eligible for sick leave after thirty (30) days service with the Authority.
C. ACCUMULATION OF SICK LEAVE FOR TERMINAL LEAVE
l. Employees shall be granted one (l) day of sick leave
for each month of service during their first year of
employment, and one and one-quarter (l l/4) days of
sick leave for each month of service thereafter. Any
days used shall be deducted from this sick leave bank. 2. An employee may be required by the Authority to produce a doctor's certificate after five (5) consecutive days of sickness or disability, or a pattern of abuse.
D. ACCUMULATION OF SICK LEAVE
l. Employees shall start to earn sick leave from their
date of hire, and they shall accumulate sick leave as
long as they are in the service of the Authority.
E. UNUSED
l. In the event of death, unused sick leave payment is to
be made to the estate of the employee.
F. FUNERAL LEAVE
l. When a member of the "immediate family" of a Union
member is deceased, that member shall be granted five
(5) consecutive working days of leave to be taken
between the date of death and the date after the
funeral. The immediate family shall include: wife,
husband, children, parents, grandparents, sisters
brothers, brothers- and sisters-in-law, mother- and
father-in-law and common law husbands and wives. Upon
submission of proof, an additional two (2) days shall
be granted for out of state travel over 250 miles.
G. CIVIL SERVICE EXAMINATION
Employees shall be allowed time off with pay to take open competitive and promotional examinations set up by the Civil Service System, for which they qualify.
H. MILITARY SERVICE LEAVE
Any employee who is a member of a Reserve Force of the
United States Army of this State and who is ordered by the
appropriate authorities to attend the training program or perform other duties under the supervision of the United
States or this State shall be granted a leave of absence
during the period of such activity, with no loss of time or pay, not to exceed fifteen (l5) days.
I. JURY DUTY
Employees shall be granted a leave of absence with pay any
time they are required to report for jury duty or jury
service. The difference between their pay and jury pay
shall be returned to the Authority.
ARTICLE XIX
CLOTHING ALLOTMENT
A. Every employee who does not work in the office by job title shall receive a clothing allowance. The employee
shall sign for each item and be responsible for the care
of these items.
B. Any lost clothing shall be replaced at the employee's
expense.
C. Any clothing worn out and/or significantly damaged in the
course of performing his/her duties, shall be replaced at
the Employer's expense. The employee must turn the item
into the Employer.
D. Once the original issue is made, shirts, pants, and shoes
shall be replaced at least every three (3) years; winter
and summer coveralls and winter coats shall be replaced at
least every five (5) years. In all cases, the old clothing shall be returned to the Employer to be marked
"replaced", and then returned to the Employee.
E. The Union will advise the Authority in writing in January
and July of any uniform problems.
F. The Authority will respond in writing within fifteen (l5)
working days from the date of receipt of such notice.
G. The Authority will replace items it deems necessary within
thirty (30) days, or else employee may purchase directly
from vendor approved in advance at price approved in advance by the Authority. The Authority will provide
necessary written authorization.
H. The Authority will make every reasonable effort to provide safety equipment on a priority basis (such as gloves, work
shoes with steel toes, and slush boots).
I. All new employees of the Authority shall receive seven (7)
sets of tee shirts, summer shirts and winter long sleeve
shirts, long pants and summer shorts.
J. The Authority agrees to provide shirts (i.e. white, if
possible) to those employees who do not work in the
office which will designate them as having a supervisory
capacity. These shirts shall be given out in conformance
with Paragraph D of this Article.
ARTICLE XX
LONGEVITY
Longevity shall be paid in the bi-weekly pay of each employee, based upon the following complete years of service during the calendar year in which the longevity is paid:
5 to 9 years 2% of annual salary
l0 to l4 years 4% of annual salary
l5 to l9 years 6% of annual salary
20 to 24 years 8% of annual salary
25 years or over l0% of annual salary
ARTICLE XXI
NON-DISCRIMINATION
Neither the Authority nor the Union shall discriminate against
any employee because of race, creed, religion, color, age, sex,
or national origin.
ARTICLE XXII
UNION BUSINESS
A. The Authority's sole responsibility in the administration
of all Union matters shall be with the Shop Stewards.
Wherever notice is required to the Union, and whenever
official dealings with the Union are required, the Shop
Stewards shall be the designated representatives of the
Union for such matters which take place at the work place.
B. The Union may designate no more than one (l) Chief Steward.
C. The Steward shall be given an opportunity to engage in the
adjustment of grievances as provided for under the Grievance Procedure herein with Authority representatives.
D. The Steward shall not leave his job without the permission
of his supervisor, and shall not contact another employee on Union business without prior permission of that employee's supervisor and his own.
E. Under no conditions shall the Shop Steward interfere with
the performance of the work of others.
F. The Steward has no authority to give orders regarding work
to any person employed by the Authority, by virtue of his
position as Steward.
G. The Union shall notify the Authority immediately following
the selection or replacement of a Steward.
H. The Authority of Shop Steward shall be limited to and shall not exceed the following lawful duties and activities:
l. The investigation and presentation of grievances to the Authority or the Authority's designated represen-
tative, in accordance with the provisions of the
Collective Bargaining Agreement.
2. The collection of dues when authorized by appropriate
Local Union action.
3. The transmission of such messages and information which shall originate with and are authorized by the
Local Union, or its officers, provided such messages
and information:
(a) have been reduced to writing, or
(b) if not reduced to writing, are of a routine
nature and do not involve work stoppage, slowdowns, refusal to handle goods, or any
other interference with the Authority's
business.
ARTICLE XXIII
UNION VISITATION RIGHTS
An officer or duly accredited representative of the Union may be permitted to visit the premises only after prior authorization from the Executive Director or his designee. An escort may be provided at the discretion of the Executive Director or his designee. Such visitation shall not interfere with the conduct of the Authority's business or with the duties of any of its employees.
ARTICLE XXIV
BULLETIN BOARD PRIVILEGES
A. SPACE AVAILABILITY
The Authority shall supply a bulletin board for the use of
the Union to post announcements.
B. AUTHORIZATION
All notices are to be signed by the Union President,
Secretary or duly authorized representatives, and there
shall be no posting of any notices other than as described
in Paragraph C., below, except after such notice has been
approved in writing by the Facility Manager and the Union.
C. MATERIAL
The Union may use the bulletin board to post the following
Union announcements:
l. Notice of Union recreation or social affairs.
2. Notice of Union elections and results of such elections.
3. Notice of Union meetings.
4. Notice of Union appointments.
5. Union minutes of joint conferences or of general
meetings.
6. General Union business.
ARTICLE XXV
SEVERABILITY
If any section, subsection, paragraph, sentence, clause or phrase of this Agreement should be declared invalid for any reason whatsoever, such decion shall not affect the remaining portions of this Agreement which shall remain in full force and effect; and to this end the provisions of this Agreement are hereby declared to be severable.
ARTICLE XXVI
REPORTING ACCIDENTS
A. Any employee involved in an accident shall, as soon as
possible, report said accident and any physical injuries
sustained.
B. When required by the Authority, the employee, if possible,
before going off duty and before starting his next shift,
shall make out an accident report in writing, on Authority
time, on forms furnished by the Authority, and shall turn
in all available names and addresses of witnesses to the
accident.
ARTICLE XXVII
SAFETY COMMITTEE
A. The Union may appoint a committee, not to exceed two (2) people, to meet with representatives of Management as needs arise to discuss and make recommendations relating to the safety of the employees and the public.
ARTICLE XXVIII
EDUCATIONAL BENEFITS AND LICENSING
A. The employer shall reimburse the cost of tuition for the
employees who enroll in courses in accredited institutions
of higher learning provided that:
l. The course, credit and non-credit, in which they enroll
bear a reasonable relationship to their present work
assignment.
2. Prior approval to take such courses is secured in writing from the Executive Director
3. The rate of reimbursement, at a graduate or
undergraduate level shall be equal to the per credit
course now in effect at Rutgers, the State University.
4. The rate of reimbursement for non-credit courses shall
be the full cost of tuition.
5. The number of credits per year for which an employee
shall be reimbursed shall not exceed twenty (20). Said
reimbursement shall be paid to the employee within
sixty (60) days after completion of course or module.
6. All non-related courses mandated by an institution as a
requisite for a degree or certificate shall be eligible
for educational increments.
B. When the employer mandates that an employee must attend a job-related course or school, all expenses including travel,
lodging and tuition must be paid in advance by the
Authority.
C. 1. When an employee obtains an Associates Degree from a recognized institute of higher education, he/she shall
receive a $500.00 increase in their annual salary.
This is a one-time-only salary adjustment and there
shall never be another salary adjustment as provided
under this paragraph.
2. When an employee obtains a Bachelors Degree from a
recognized institute of higher education, he/she
shall receive a $500.00 increase in their annual
salary. This is a one-time-only salary adjustment as
provided under this paragraph. If the employee has
never received a salary adjustment for an Associate
Degree, an additional $500.00 increase in their
annual salary will be included at this time. Obtaining
a Bachelors Degree will result in a maximum $1,000.00
increase in their annual salary. This is a one-time-
only salary adjustment and there shall never be
another salary adjustment as provided under this
paragraph.
3. When an employee obtains a Masters Degree or other
advanced degree from a recognized institute of higher
education, he/she shall receive a $500.00 increase in
their salary. This is a one-time-only salary
adjustment and there shall never be another salary
adjustment as provided under this paragraph. If the
employee has never received a salary adjustment for an
Associates Degree and/or Bachelors Degree, an
additional $500.00 per degree increase in their annual
salary will be included at this time. Obtaining a
Masters Degree will result in a maximum $1,500.00
increase in their annual salary. This is a one-time-
only salary adjustment and there shall never be another
salary adjustment as provided under this paragraph
D. When an employee obtains:
l. A Wl License, they shall receive a $500.00 increase in annual salary. This is a one-time only salary
adjustment and there shall never be another salary adjustment as provided under this paragraph.
2. A W2 License, they shall receive a $500.00 increase in annual salary. This is a one-time only salary adjustment and there shall never be another salary adjustment as provided under this paragraph. 3. A T1 License, they shall receive a $500.00 increase in their salary. This is a one-time only
salary adjustment and there shall never be another
salary adjustment as provided under this paragraph. 4. A T2 License, they shall receive a $500.00 increase in their salary. This is a one-time only
salary adjustment and there shall never be another
salary adjustment as provided under this paragraph. 5. A W3 or a T3 License, they shall receive a $500.00 increase in their salary. This is a one-time only salary adjustment and there shall never be another salary adjustment as provided under this paragraph. 6. A W4 or T4 License, they shall receive a $500.00
increase in their salary. This is a one-time only
salary adjustment and there shall never be another
salary adjustment as provided under this paragraph.
7. Senior Operators with T4 Licenses shall have their starting salaries commence at $25,000.00 per annum. Any Senior Operator with a T4 License not currently making $25,000.00 per year shall have their salary adjusted at this time.
E. It has been determined that there are specialized courses which are available to the employee in the fields of masonry, plumbing, electrical work and heating and air conditioning. If an employee takes the above mentioned courses and receives the requisite certification for passing these courses, they shall receive a one-time-only bonus of $500.00. This amount shall not be added to their base salary. In order to take these courses and receive these certifications, prior approval must be requested and received in writing from the Executive Director. Employees shall be eligible to take more than one of the above mentioned courses and receive more than one certification. In the event that an employee has already taken these courses and received the requisite certification, the one-time-only $500.00 bonus per course shall not be retroactively applied.
ARTICLE XXIX
WORKERS' COMPENSATION
A. When an employee is injured on duty, he is to receive
Workers' Compensation Benefits due such employee plus
the difference between the amount received as compensation
to him and his salary during the period of temporary
disability only for a maximum period of three months. The
employee shall be directly responsible for initiating the
disability procedures.
B. An employee who is injured on the job, and is sent home or
to a hospital, or who must obtain medical attention, shall
receive pay at the applicable hourly rate for the balance
of the regular shift on that day. An employee who has
returned to his regular duties after sustaining a compensable injury who is required by the workers' compensation doctor to receive additional medical treatment during his regularly scheduled working hours shall receive his regular hourly rate of pay for such time as is reasonably required to visit the doctor's office.
ARTICLE XXX
AMERICANS WITH DISABILITIES ACT (ADA)
Compliance with the Americans with Disabilities Act (ADA) shall supersede the specific provisions of this agreement
when in conflict.
ARTICLE XXXI
TERM AND RENEWAL
This Agreement shall be in full force and effect as of the date hereof, and shall be in effect to and including December 31, 2009. Salary increases shall be retroactive to January 1, 2005.
Section 1: It shall be automatically renewed from year to year therafter, unless either party shall notify the other in writing sixty (60) calendar days prior to the expiration date, that it desires to modify this Agreement. This Agreement shall remain in full force and be effective during the period of negotiations and until notice of termination of this Agreement is provided to the other party in the manner set forth in the next succeeding paragraph.
Section 2: In the event that either party desires to terminate this Agreement, written notice must be given to the other party not less than ten (10) days prior to the desired termination date, which shall not be before the expiration date set forth in the preceding paragraph.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals at Atlantic City, New Jersey, on this__________ day of
_________________, 2005.
ATLANTIC CITY MUNICIPAL UTILITIES
AUTHORITY
By:
Witness:
AMERICAN FEDERATION OF STATE, COUNTY AND
MUNICIPAL EMPLOYEES, AFL-CIO DISTRICT COUNCIL 71,
LOCAL 3974A
By:
STAFF REPRESENTATIVE
Witness:
LOCAL CHAPTER CHAIRPERSON
via Hand Delivery
July 11, 2001
Neil Goldfine, Executive Director
Atlantic City Municipal Utilities Authority
401 N. Virginia Avenue, P.O. Box 117
Atlantic City, New Jersey 08404-0117
Re: Supervisors Contract
AFSCME Council 71, Local 2646
January 1, 2001 to December 31, 2004
________________________________________________
Dear Neil:
Enclosed please find a draft of the above captioned contract between the ACMUA and the Supervisors Union. Please review it and let me know if it meets with your approval.
Very truly yours,
JOHN C. MATTHEWS, ESQUIRE
/cmh
enc
May 27, 2005
Ms. Susan Owen, Staff Representative
AFSCME Council 71
2299 Fries Mill Road
Williamstown, New Jersey 08094
Re: Atlantic City MUA - Supervisors Contract
January 2005 to December 31, 2009
_____________________________________________________
Dear Susan:
Enclosed please find the proposed contract between the Atlantic City Municipal Utilities Authority and AFSCME Council 71, Local 3974A-Supervisors' Association. Please have the contract executed by the appropriate representatives and return it to me at your earliest so we may approve the raises for 2005.
Thank you for your attention to this matter.
Very truly yours,
JOHN C. MATTHEWS, ESQUIRE
/cmh
enc
cc: Neil Goldfine (w/enc)
via Facsimile and First Class Mail
October 29, 2001
Ms. Susan Owen, Staff Representative
AFSCME Council 71
2299 Fries Mill Road
Williamstown, New Jersey 08094
Re: Atlantic City MUA - Supervisors Contract
January 2001 to December 31, 2004
_____________________________________________________
Dear Susan:
Enclosed please find a corrected copy of page 29, paragraph "C" reflecting the "Lump Sum Payment" to read a maximum of "$18,000" instead of "$12,000."
Thank you for your attention to this matter.
Very truly yours,
JOHN C. MATTHEWS, ESQUIRE
/cmh
Ms. Susan Owen, Staff Representative
AFSCME Council 71
2299 Fries Mill Road
Williamstown, New Jersey 08094
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