21
Collective Bargaining Agreement Between the Cinnaminson Uniformed Firefighters Association
International Association of Fire Fighters
AFL-CIO-CLC
Local 4363
and the
Board of Fire Commissioners
Cinnaminson Fire District #1
Burlington County, New Jersey
March 1, 2003 through and including February 28, 2006
| Title Page |  | 1 |
| Table of Contents | | 2 |
| Preamble | | 4 |
| Purpose | EMPLOYEE RIGHTS AND PRIVLEDGES | 4 |
| Article 1 | RECOGNITION | 5 |
| Article 2 | NON DESCRIMINATION | 6 |
| Article 3 | ASSOCIATION RIGHTS AND RESPONSABILITIES | 7 |
| Article 4 | MANAGEMENT RIGHTS AND RESPONSABILITIES | 9 |
| Article 5 | MAINTENANCE OF OPERATION | 10 |
| Article 6 | GRIEVANCE PROCEDURE | 11 |
| Article 7 | SICK LEAVE | 14 |
| Article 8 | COURT APPEARENCES AND JURY DUTY | 16 |
| Article 9 | SEPARATION, DEATH AND RETIREMENT | 17 |
| Article 10 | NEW EMPLOYEE’S | 19 |
| Article 11 | COMPENSATION | 20 |
| Article 12 | EDUCATION & EDUCATION INCENTIVE PROGRAM | 21 |
| Article 13 | HOURS AND OVERTIME | 22 |
| Article 14 | EXCHANGE OF HOURS OF DUTY | 24 |
| Article 15 | HOLIDAYS | 25 |
| Article 16 | VACATION AND PERSONAL TIME LEAVE | 26 |
| Article 17 | SERVICE RECORDS | 27 |
| Article 18 | BEREAVEMENT LEAVE | 28 |
| Article 19 | TRAVEL EXPENSES | 29 |
| Article 20 | HEALTH AND WELFARE | 30 |
| Article 21 | INJURY LEAVE | 31 |
| Article 22 | LEAVE OF ABSENCE | 33 |
| Article 23 | MATERNITY, ADOPTION AND CHILD CARE LEAVE | 34 |
| Article 24 | MILITARY LEAVE | 37 |
| Article 25 | STATUTORY AND LEGAL RIGHTS | 38 |
| Article 26 | SEPARABILITY AND SAVINGS | 39 |
| Article 27 | SUPERCEDING CLAUSE | 40 |
| Article 28 | FULLY BARGAINED AGREEMENT | 41 |
| Article 29 | TRAINING | 42 |
| Article 30 | UNIFORMS | 43 |
| Article 31 | PERSONAL LOCKERS | 44 |
| Article 32 | PROMOTIONS | 45 |
| Article 33 | DUES, DEDUCTIONS AND AGENCY SHOP | 46 |
| Article 34 | DEPARTMENT VEHCILES | 48 |
| Article 35 | EMPLOYEE RIGHTS AND PRIVLEDGES | 49 |
| Article 36 | EMERGENCY LEAVE | 50 |
| Article 37 | COMMUNICABLE DISEASES AND CHEMILCAL EXPOSURES | 51 |
| Article 38 | STATION STAFFING | 52 |
| Article 39 | PENSIONS | 53 |
| Article 40 | JOB DESCRIPTION AND DUTIES | 54 |
| Article 41 | LABOR / MANAGEMENT COMMITTEE | 55 |
| Article 42 | BULLETIN BOARD | 56 |
| Article 43 | PRINTING AND SUPPLYING AGREEMENT | 57 |
| Article 44 | DISCIPLINARY ACTION | 58 |
| Article 45 | DURATION, TERM AND RENEWAL | 59 |
| | |
| APPENDIX A | CLOTHING ALLOWANCE LIST | 60 |
| APPENDIX B | SALARY PACKAGE 2003 – 2006 | 61 |
PREAMBLE
THIS AGREEMENT is entered into this 1st day of March 2003 between the Board of Fire Commissioners, Cinnaminson Fire District #1, in the County of Burlington, a municipal body of the State of New Jersey, hereinafter called the “Board” or “District”, and Cinnaminson Uniformed Fire Fighters Association, International Association of Fire Fighters Local 4363, AFL-CIO-CLC, hereinafter called the “Association” or “Union”.
PURPOSE
THIS AGREEMENT is entered into between the Board of Fire Commissioners, Cinnaminson Fire District #1 and the Cinnaminson Uniformed Fire Fighters Association, International Association of Fire Fighters Local 4363, to promote and ensure harmonious relations, cooperation, and understanding between the Board and its Union represented employees; to provide for the resolution of legitimate grievances; all in order that the public service shall be expedited and effectuated in the best interests of the Board of Fire Commissioners, its employees and the residents of the Township of Cinnaminson.
ARTICLE 1
RECOGNITION
The District recognizes the Union as the exclusive collective negotiations agent for all full time paid employees of the District engaged in fire suppression duties.
Unless otherwise indicated, the terms “Firefighter ”, “Fire Inspector”, “Fire Lieutenant”, “Fire Captain”, “Battalion Chief”, “employee” or “employees”, when used in this Agreement, refer to persons, male or female, represented by the Association in the above-defined negotiating unit.
The managerial executives, the Fire Chief and Administrator, employees not engaged in fire suppression duties and volunteer firefighters are excluded from the bargaining unit and are excluded from coverage under this agreement.
ARTICLE 2
NON-DISCRIMINATION
The District and the Union agree that there shall be no discrimination against any employee because of race, creed, color, religion, sex, national origin or political affiliation.
The District and the Union agree that all employees covered under this Agreement have the right without fear of penalty or reprisal to form, join, and assist any employee organization or to refrain from any such activity. There shall be no discrimination by the District or the Union against any employee because of the employees’ membership or non-membership or activity or non-activity in the Union.
ARTICLE 3
UNION RIGHTS AND RESPONSIBILITIES
Authorized representatives of the Union, whose names shall be filed with the Board, or their designee, shall be permitted to visit any fire facility within Cinnaminson Township for purpose of processing or investigating grievances, provided that prior approval has been secured from the Board or his designee, on condition that such approval shall not be unreasonably denied. Only one (1) authorized Local representative shall be granted such permission. The Local representative shall not unreasonably interfere with the normal conduct of the work within the fire facility.
Authorized Union Representatives, pursuant to state law, will be granted administrative leave with pay consistent with the provisions of N.J.S.A. 40A:14-77.
Authorized Association Representatives shall be excused from their normal duties to participate in mutually agreed upon negotiations for the renewal of this Agreement or the execution of a new Agreement for this unit. Upon the request of the Local 4363 President, and subject to approval of the Board’s designee, such representative may also be reasonably excused without loss of pay to participate in other meetings related to collective bargaining. Such representatives shall attend negotiations and other meeting sessions, if on duty, in the appropriate uniform and be available for duty in the event the need arises.
The Local 4363 President or his or her designee shall have the right while on duty to investigate and process grievances.
Copies of disciplinary charges or other notices relating to disciplinary action shall be furnished to the Local 4363 President or his or her designee upon written authorization of the effected District employee(s). The District shall maintain a file of written refusals by the employees to authorize the District to forward such documents to the Association. Copies of all disciplinary charges or notices relating to disciplinary action against any unit member shall be furnished to the Association President within (5) working days of the presentation of charges.
The Union will be responsible for acquainting its members with the provisions of this Agreement and shall be responsible insofar as possible for the adherence to the terms of this Agreement by such members. The Union recognizes that the conditions set forth in this article shall be subject to the lawful managerial prerogative of the District.
Whenever an employee is to be questioned and he is being considered a “target” for possible disciplinary action, he shall have the right to request a representative of the Union be present at all stages of questioning consistent with their Weingarten Rights.
One (1) member of the Association shall be permitted to attend Union meetings being held outside of the fire district, subject to the prior approval of the Board’s designee. Approval shall not unreasonably denied. The member shall remain available for immediate return to duty in the event the need arises.
A member of the bargaining unit may be called to duty as a representative of the Association Honor Guard without loss of pay when his services are required. In the event the member’s services are needed, proper notification shall be made by the Association President to the Board’s designee as soon as reasonably possible. Management shall not deny this request so as long as the absence of the member does not adversely affect fire services.
ARTICLE 4
MANAGEMENT RIGHTS AND RESPONSIBILITIES
The District hereby retains and reserves unto itself, without limitation, all powers, rights, authority, duties and responsibilities conferred upon and vested in it by the laws and Constitution of the State of New Jersey and the United States, including, but not limiting, the generality of the foregoing, the following rights:
To the executive management and administrative control of the District and its properties and facilities and the activities of its employees by utilizing personnel, methods and means of the most appropriate and efficient manner possible as may from time to time be determined by the District.
To make rules of procedure and conduct, to use improved methods and equipment, and to determine work schedules and shifts.
The right of management to make such reasonable rules and regulations as it may from time to time deem best for the purposes of maintaining order, safety and/or the effective operation of the Department after advance notice thereof to the employees is recognized.
4. To hire all employees, to promote, transfer, assign or retain employees in positions with the District.
To suspend, demote, discharge, or take any other appropriate disciplinary action against any employee for good, and just cause according to the law, and subject to the grievance procedure.
To lay off employees in the event of lack of work or funds or other conditions where continuation of such work would be inefficient and non-productive, so long as such lack of work or funds is bona fide.
B. Pursuant to the laws of the State of New Jersey and of the United States, the exercise of the foregoing powers, rights, authority, duties or responsibilities of the District, the adoption of policies, rules, regulations and practices in the furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the terms of this Agreement, and then only to the extent such terms hereof are in conformance with the Constitution and laws of New Jersey and of the United States.
MAINTENANCE OF OPERATIONS
A. It is recognized that the need for continued and uninterrupted operation of the District’s Departments and Agencies is of importance to the citizens of the community, and that there should be no interference with such operations.
B. Neither the Union nor any person acting on its behalf will cause, authorize, engage in, sanction, assist or support, nor will any of its members take part in, any strike (i.e., the concerted failure to report for duty, or stoppage of work, in whole or in part, from the full, faithful and proper performance of the employees’ duties of employment), work stoppage, slowdown, sick out, walk out or other illegal job action against the District.
C. The Union agrees that it will do everything in its power to prevent its members from participating in any strike, work stoppage, slowdown or other activities aforementioned, or support any action by any other employee or group of employees of the District.
D. In the event of a strike, slowdown, work stoppage, sick-out, or any other activity aforementioned, it is agreed that participating in any such activity by an employee covered under this agreement shall entitle the Board to impose legal and statutory remedies.
E. Nothing contained in the agreement shall be construed to limit or restrict the Board in its rights to seek and obtain judicial relief as it may be entitled to have in law and equity for justification or damages, or both, in the event of such breach by the Local 4363 or its members.
ARTICLE 6
GRIEVANCE PROCEDURE
A. Purpose
1. The purpose of this procedure is to secure, at the lowest possible level, an equitable solution to the problems which may arise affecting the terms and conditions of this Agreement.
2. Nothing herein shall be construed as limiting the right of any employee having a grievance to discuss the matter informally with any appropriate member of the District staff.
3. Nothing herein shall be deemed to deny the employees of their statutory or other legal rights concerning discipline. Nothing herein shall be deemed to deny employees their rights to pursue any other statutory or legal remedies in lieu of resorting to the grievance procedure.
B. Definition
The term “grievance” as used herein means any controversy arising over the interpretation, application or alleged violation of policies, procedures, contractual agreements, and administrative decisions affecting the terms and conditions of employment, and shall be raised by the Union on behalf of an individual or group of individuals in writing.
C. Steps of the Grievance Procedure
In order to resolve grievances covered by this Agreement between the parties, this procedure shall be followed unless any step is waived by mutual consent:
Step One:
An aggrieved employee or employees shall institute action under the provisions of the grievance procedure within twenty (20) working days of the occurrence of the event-giving rise to the grievance. Action is instituted by filing a grievance with the Association Grievance Committee. Failure to act within said twenty (20) working days shall be deemed to constitute an abandonment of the grievance.
Within twenty (20) working days after the grievance has been filed and before an effort is made to settle the matter, the Union Grievance Committee shall screen and study the grievance to determine whether it has or lacks merit. Such processing of grievances shall take place without discrimination and irrespective of membership or affiliation with the Union. Upon finding of merit, the Union Grievance Committee shall present written confirmation of such determination to the Personnel Commissioner and shall. The Personnel Commissioner shall respond and render a decision concerning the grievance within twenty (20) working days. If the grievance has not been resolved within twenty (20) working days of the submission to the Personnel Commissioner, the grievance may proceed to Step Two.
In the event the grievance has not been resolved in Step Two, the Union may, within twenty (20) calendar days of the Personnel Commissioner’s decision, request arbitration. The arbitrator shall be chosen in accordance with the rules of Public Employment Relations Commission (PERC).
The arbitrator shall be bound by the provisions of this Agreement and restricted to the application of the facts presented to them involved in the grievance. In formulating their decision, the arbitrator shall adhere to the statutory and case law of New Jersey and the United States where applicable. The arbitrator shall not have the authority to add to, modify, subtract from or alter in any way the provisions of this Agreement or any amendment or supplement thereto. The decision of the arbitrator shall be final and binding.
3. The costs for the arbitrator shall be borne by the loser. Unless otherwise mutually agreed to, arbitration fees will be paid by the Local, if the Local elects to withdraw the case from arbitration. All other expenses incurred, including but not limited to the presentation of witnesses, shall be paid by the party incurring the same.
4. The arbitrator shall set forth his findings of fact and reasons for making the award within thirty (30) days after the conclusion of the arbitrator hearing unless agreed to otherwise by the parties.
No response at any time in this procedure by the Board to its agents shall be deemed to be a negative response. Upon the termination of time limits the grievant may proceed to the next step.
Group grievances which shall be defined as those affecting” substantially” all of the members off the Local and the Local only at step Two.
Time Limits may be extended, any step of this grievance procedure, by the parties involved in the form of a written mutual agreement.
ARTICLE 7
SICK LEAVE
Employees shall be entitled to twelve (12) paid sick leave days per year. Unused
sick leave shall be cumulative from year to year.
Sick leave is hereby defined to mean absence by an employee by reason of personal illness, illness within the immediate family (Spouse or Children) observance of quarantine, or as a result of a disabling injury not covered under Article 21.
C. Employees’ may be required to furnish a doctor’s certificate to substantiate a request for approval of sick leave when sick leave exceeds three (3) consecutive scheduled shifts.
D. The District may require the employee to submit acceptable medical evidence of proof of illness whenever such a requirement appears reasonable to the District.
E. In order to receive compensation while absent on sick leave, an employees shall report their absence to the Chief or designee at least twelve (12) hours prior to the start of their shift, if possible
F. In case of sick leave due to contagious disease or to care for a seriously ill member of the employee’s immediate family, reasonable proof may be required.
G An employee who has exhausted his/her accumulated sick leave may, with the District’s
approval, charge additional days of absence to vacation or personal days, if available.
H. Employees retiring from employment shall be compensated for up to seventy-five (75) days of sick time. The compensation will be at the employee's hourly rate at the time of retirement and shall be received with the employee's final regular paycheck. A sick day is eight (8) hours.
I. Employees retiring on disability retirement shall be paid for all accumulated sick leave
time as provided in this Agreement.
J. In the event of an employee’s termination for cause, the employee shall not be entitled
to any compensation for accumulated sick leave time.
K. An incentive payment of $300.00 shall be made to those employees who do not use any
sick leave time in a given calendar year. This payment shall come in the form of a
separate check during the second week in December.
L. Employees may sell back a maximum of one years (1) accrued sick leave time provided they have at least twelve (12) sick leave days. Employee's intending to sell sick leave time back to the District must notify the District's designee between November 1 thru 12. For buy back purposes only, a sick day is eight (8) hours
M. A sick leave bank will be available for the purpose of providing paid sick leave coverage
for any employee who is absent for a extended period of time as a result of illness or
a non work related injury. Employee’s may contribute, on a voluntary basis, accumulated
paid sick leave days to the bank for the use by another bargaining unit employee who
has exhausted their sick leave. The Board has the discretion whether or not to grant use
of the sick bank. Determinations will be made on a case by case basis. If such use is
granted, the Board shall implement such transfer of accumulated sick leave days.
ARTICLE 8
COURT APPEARANCES AND JURY DUTY
A. All employees shall be granted time off without loss of pay, vacation time or other compensatory time for mandated jury duty, regardless of time spent serving as a juror. The employee must be scheduled to work in order to receive administrative leave for jury duty.
B. Employees volunteering for jury duty shall not receive paid time off for jury duty.
C. Any employee required to appear in any court proceeding due to circumstances arising from their employment will receive their regular rate for the period spent in court. The employee shall also be reimbursed for all related travel expenses. This shall not apply to an employee’s claims against the District.
D. Any employee who is a defendant in an action or legal proceeding arising out of or
incidental to the performance of assigned duties shall be entitled to appropriate legal
representation at the District’s cost.
E. The District shall pay all reasonable costs for the defense of employees named or
otherwise involved in civil lawsuits as a result of the performance of their duties. The
District shall also be responsible for any compensatory damages that may be assessed
against employees as a result of the performance of their duties.
F The District shall pay all reasonable costs for the legal defense of employees charged
with offenses relating to the performance of their duties.
ARTICLE 9
SEPARATION, DEATH AND RETIREMENT
A. Employees shall retain all pension rights as Firefighter’s as provided by all applicable laws.
B. Employees retiring with twenty-five (25) years of service pursuant to applicable law or as a result of a disability, whether work-connected or not, shall be paid for all vacation and other compensatory time, (excluding Sick Leave covered under Article 7), provided within this Agreement. Said payments shall be computed at the employee’s regular hourly rate at the time of retirement based upon the base annual compensation.
C. Employees intending to retire on other than disability pension shall accordingly notify the District 30 calendar days prior retirement becoming effective.
D. 1. In the event of an employee’s death, his/her estate or legal representative shall be paid for all accumulated vacation and other compensatory time as provided in this Agreement. Payments shall be made at the employee’s rate of pay at the time of their death.
2. In the event of an employee’s line of duty death, his/her estate or legal representative shall be paid for all accumulated sick, vacation, personal and other compensatory time balances. Payment shall be made at the employee’s rate of pay at the time of their line of duty death.
E. In the event of an employee’s separation from service for any reason not set forth in Section B and D above, all accumulated vacation & compensatory time shall be paid at the employee’s regularly hourly rate of pay at the time of separation.
F. For benefits payable in the then current year, in all cases of resignation, separation, death while not in the line of duty or retirement, all vacation and other compensatory time shall be pro-rated as of the first of the month if the resignation, death or retirement or other separation is effective after the fifteenth (15th) of the month. Benefits shall be pro-rated on the calendar year from January 1st through December 31st.
G. For benefits payable in the then current year in all cases where the employee died while in the line of duty, all vacation, holidays, sick leave days, and other compensatory time which would have accrued for the entire calendar year (in the year of the employee’s death), shall be payable to the employee’s estate or legal representative.
H. Separation shall be defined as any permanent cessation of employment, but shall not be deemed to include temporary leaves of absence, vacation, layoffs, or other temporary leaves.
ARTICLE 10
NEW EMPLOYEES
A. Each new employee will be subject to a six (6) month probationary period during which time the employer shall have the sole and exclusive right to discipline including but not limited to discharge. All provisional and/or permanent employees will be included within the unit represented by this agreement.
ARTICLE 11
COMPENSATION
A. Employee salaries, longevity pay and shift differential shall be paid pursuant
to Appendix B of this agreement.
B. All Employees shall have the same anniversary start date for purpose of granting salary increases as of signing this contract. The annual change over is March 1st. Officers appointed on January 1, 2004 will have annual change over of January 1.
C. An employee who is appointed by the chief to act temporarily in the capacity of a superior officer or supervisor shall be compensated after (10) working days at the hourly rate of the superior officer or supervisor.
D. The District shall provide all employees the option of having direct deposit of weekly paychecks to the banking facility of their choice. Employees must make written request with all appropriate routing information provided by the employee.
E. The District shall file the appropriate paperwork with the requested banking facility in a timely
manner so direct payment can commence within thirty (30) calendar days of the employees
request.
All employees will be paid on Fridays. However, the Board will release the paychecks on the preceding Thursday.
ARTICLE 12
EDUCATION & EDUCATION INCENTIVE PROGRAM
A. The Board will pay tuition in an amount not in excess of tuition rate average for Burlington County College or Mercer County College, books and related materials of accredited learning institution approved by the Board in advance, provided that employee receives a grade of “C” or better is earned.
B. Any schooling required for the employees by virtue of their employment will be paid for by the Board. If the employees are required to attend classes after their regular hours they shall be compensated according to Article 13 of this agreement.
ARTICLE 13
HOURS AND OVERTIME
The normal workweek for District employees covered by this agreement will be five (5) eight and one-half (8.5) hour shifts for a total of forty (42.5) hours in a five day period. The shift will include two (15) minute breaks and one thirty (30) minute break.
Any Emergency call during lunch time of 12:00 to 12:30 will be paid overtime.
A ninety (90) day work schedule consisting of station and shift assignment shall be posted fifteen (15) days prior to the start of that schedule.
Employees may respond to calls after scheduled work hours. Any employee responding must go to a station. The employee will be paid from the time the employee arrives at the Station until he is released from the station.
Overtime will be paid for any additional time worked beyond the normal 42.5 hour workweek in accordance with the Fair Labors Standard Act requirement for public employees engaged in fire suppression duties. Approved time taken off and charged against an employee’s vacation, personal time, and holiday’s and or float holiday will be counted as time worked. Sick leave taken will not be counted as time worked.
A one (1) hour physical fitness period shall be included within each tour of duty. Due to the fact that the department gym is located at one station, station assignments shall not preclude members from the use of this facility. Any activity that promotes good physical health shall be acceptable under this provision. Travel time to and from the department gym shall not be included in this period. Employees shall remain available for immediate response to emergency calls during the physical fitness period. Clothing outlined in “Appendix A” approved for physical fitness shall be deemed appropriate for emergency responses.
All employees working within any declared state of emergency (State, Local, Etc.), where all non-essential township personnel have been released from work, shall be compensated for all hours worked at the rate of double their regular hourly rate.
All overtime shall be paid weekly to each employee in the form of a check separate from the normal weekly paycheck.
Overtime shall be reported to the District by the end of the business day on Tuesday of each week. Overtime that is reported later than Tuesday will be applied to the following week’s overtime pay period.
Overtime can be substituted for compensatory time at the employee’s discretion. The conversion for compensatory time shall be at a rate of 1:1 for all hours worked and must be requested on the overtime report prior to filing with the District. Compensatory time can be used at the employee’s discretion at a minimum of (8) hour blocks and must be approved by the Chief.
ARTICLE 14
EXCHANGE OF HOURS OF DUTY
A. The request for exchange of hours of duty by an employee may be granted by the Chief or his designee, at his discretion, provided such request has been made through channels and in conformance with the needs of the District. Such discretion shall not be unreasonably denied.
B. In exercising the provisions of this Article no request shall be granted which results in overtime pay. No employee shall work more than two (2) shifts, and the provisions of Article 13 shall not apply to the second shift unless the employee is ordered to work hours in excess of the first shift, in which case Article 13 shall be applicable to those excess hours.
ARTICLE 15
HOLIDAYS
Employees shall receive the following holidays off with pay:
New Years Day
President’s Day
Good Friday
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Day after Thanksgiving
One Half Day – Christmas Eve
Christmas Day
B. If a full time employee accepts or is required to work an overtime shift on a recognized Township holiday to maintain proper coverage, the employee shall be paid double their regular hourly rate for all hours worked. Voluntary overtime shall be rotationally offered according to an overtime list that shall list employees by seniority. If coverage is not filled with voluntary overtime, then involuntary overtime will be rotationally assigned according to an overtime list that shall list employees in ascending order, (least seniority to highest seniority). Whenever reasonably possible, seventy two (72) hours notice shall be given to any employee required to work on a holiday.
C. If a holiday that occurs on a Saturday, it will be observed on the preceding Friday. If a holiday occurs on a Sunday, it will be observed on the following Monday. The employee must work the day before and the day after the holiday to receive holiday pay. The only exception to the work requirement is if the employee is on vacation, disability, sick or prior approved personal day.
ARTICLE 16
VACATIONS & PERSONAL LEAVE
A. Bargaining unit employees shall be entitled to annual vacation leave with pay in accordance with the following schedule:
1. During the first calendar year of employment, employees shall be entitled to forty (40) vacation hours
2. Beginning the 2nd year of employment through the 5th calendar year of employment, employees shall be entitled to eighty (80) vacation hours per year.
3. Beginning the 6th year of employment through the 10th calendar year of employment, employees shall be entitled to one hundred twenty (120) vacation hours per year.
4. Beginning the 11th year of employment until retirement, employees shall be entitled to one hundred sixty (160) vacations hours per year.
B. The vacation year is January 1st through December 31st.
C. An employee who terminates his/her employment with proper notice given to the District or whose employment is terminated by the District shall be entitled to vacation time and/or vacation pay at the time of termination. This time shall be prorated for the current year of employment.
D. Personal Time Leave – In addition to vacation leave, each employee shall also be entitled to twenty-four (24) hours personal time leave annually. Hours can not be taken in less than 4 hour blocks.
E. For two or more week’s vacation, one week must be taken as a unit. Three weeks vacation, ten days must be taken as a whole or two (2) five day segments.
F. All vacations request shall be in writing to designated supervisor. In case of conflicting dates, seniority will prevail.
G. Sub code Official will receive one(1) additional vacation Day.
ARTICLE 17
SERVICE RECORDS
A. A personnel file shall be established and maintained for each employee covered by this Agreement. Such files are confidential records and shall be maintained by the District, and may be used for evaluation purposes by the Chief or fire district.
B. Upon advanced notice and at reasonable times, any employee may review any and all of his or her personnel files. This appointment for review must be made through the Chief.
C. Whenever a written complaint concerning an employee or his or her actions is to be placed in this personnel file, a copy shall be made available to the employee and he or she shall be given the opportunity to rebut it if he or she so desires. The employee shall be permitted to place said rebuttal in his or her file.
D. When an employee rebuts and is found innocent of said complaint, the written complaint must be removed from the employees file, and any and all other files within five (5) working days.
E. All personnel files will be carefully maintained and safeguarded permanently and nothing shall be placed in or removed from there except as provided in Section D above or by mutual agreement.
F. Maintenance of the personnel files will be accordance with the Archives Laws of the State of New Jersey.
ARTICLE 18
BEREAVEMENT LEAVE
A. Any employee who has suffered a loss of a member of their immediate Family will be given (5) work days leave with pay.
B. The definition of Immediate Family is as follows: Spouse, Child, Parent, Brother or Sister
C. Leave with pay for three consecutive work days shall be granted in the case of the death of grandparents, mother-in-law, and father-in-law.
D. The District may, at its sole discretion, grant Bereavement Leave to any member making application for a situation not covered above.
ARTICLE 19
TRAVEL EXPENSES
Employees shall be reimbursed at the rate established by the annual publication of rates by the Internal Revenue Service for all approved travel expenses while using a personal vehicle with the approval of the designated supervisor and shall be reimbursed for all other reasonable travel expenses in connection with their official duties, including Lodging and Meals.
B. When circumstances permit, the District shall arrange and pre pay
all Lodging and Transportation fees that may be necessary.
ARTICLE 20
HEALTH AND WELFARE
A. All existing hospital, medical and life insurance benefits provided to full time employees and their families shall be retained and continued in full force and effect. In addition, the District will now provide dental coverage by a mutually agreed upon carrier. Any changes must be equal or greater. No employee shall suffer any benefit reduction during the life of this agreement.
B. Should an employee choose not to accept the benefits package provided herein, and would rather be covered under a spouse’s or other family member’s policy, then the employer shall add 50% of the funds saved from not covering the employee to the employee’s base annual salary.
C. Employees breaking or losing personal items (i.e. eye glasses, watches, etc.) while in the line of duty May, upon approval of Chief or his designee, be reimbursed for the cost of replacing said items.
ARTICLE 21
INJURY LEAVE
A. 1. In the event an employee becomes disabled by reason of service connected injury or illness and is unable to perform their duties, then, in addition to any sick leave benefits otherwise provided herein, he may be entitled to full pay for a period of up to one (1) year. In the event an employee is granted said injury leave, the District’s sole obligation shall be to pay the employee the difference between his regular pay and any compensation, disability, or other payments received from other sources provided by the District. At the employee’s option, the employee shall either surrender and deliver any compensation, disability, or other benefits to the District and receive from the District his entire salary payment, or in the alternative, the employee may retain the compensation, disability or other benefits and receive from the District only the difference of pay. Employees on injury leave will not lose seniority and will receive all benefit and salary increments due to them as set forth in this agreement.
2. If an employee returns to work from injury leave for less than one (1) year, he may return to injury leave for the same injury for an additional period of time which, when added to the initial period of injury leave, totals no more than one (1) year.
B. When a employee requests injury leave, he or she shall be placed on “conditional injury leave” until a determination of whether or not an injury or illness is work related and the employee is entitled to injury leave is initially made by the District’s Workmen’s Compensation carrier, with the final determination, if necessary, to be made by the Workmen’s Compensation Bureau or Court. When and if it is finally determined that the injury or illness is not work related and that the employee is not entitled to job injury compensation, the employee shall be denied injury leave and shall have all time off charged against his or her accumulated sick time and if necessary, against any other accumulated leave time. If the employee leaves the employment of the District prior to reimbursing the District for such advanced time, the employee shall be required to reimburse the District for such advanced time.
C. Any employee who is injured, whether slight or severe, while working, must immediately verbally notify the Fire Commissioner or his designee of the injury and submit an injury report to the Fire Commissioner or officer in charge prior to the end of the employee’s shift, or, if that is not medically possible, as soon thereafter as is possible.
D. It is understood that the employee must file an injury report with the Fire Commissioner so that the District may file the appropriate Worker’s Compensation Claim. Failure to so report said injury may result in the failure of the employee to receive compensation under this Article.
The employee shall be required to present evidence by a certificate of a physician designated by the insurance carrier that he is unable to work, and the District may reasonably require the employee to present such certificate from time to time.
If the District does not accept the certificate of the physician designated by the insurance carrier, the District shall have the right, at its own cost, to require the employee to obtain a physical examination and certification of fitness by a physician appointed by the District.
G. In the event the District appointed physician certifies the employee fit to return to duty, injury leave benefits granted under this Article shall be terminated, unless the employee’s physician disputes the determination of the District’s appointed physician. Then the District and the employee shall mutually agree upon a third physician who shall examine the employee. The cost of the third physician shall be borne equally by the District and the employee. The determination of the third physician as to the employee’s fitness to return to duty shall be final and binding upon the parties. In the event the third physician also certifies the employee fit to return to duty, injury leave benefits granted under this Article shall be terminated. If unable to mutually agree, the parties reserve their respective rights.
ARTICLE 22
LEAVE OF ABSENCE
A. Leave of absence without any pay, in the discretion of the District, may be granted for good cause to any employee who has completed their probationary period.
B. Leave of absence can be any specified time period up to a maximum of one six (6) month period within a year.
C. During a leave of absence, the District will not be responsible to provide the employee with the benefits provided within Article 20. However, if the employee wishes that coverage is extended to him during that leave, the District will be reimbursed by the employee for monthly premium and the District incurs no expense.
D. No seniority or benefit shall accrue during any leave of absence.
E. The District shall reinstate the employee to the position held and restore all compensation and benefits immediately upon return from any leave of absence.
ARTICLE 23
MATERNITY, ADOPTION OR CHILD CARE LEAVE
DEFINITION:
A.
1. Maternity Leave – The actual period of disability due to a pregnancy or related disability.
2. Child Care Leave – A leave of absence without pay available to men and women for care of a child. Covered under Family Leave Act.
3. Adoption Leave – A leave of absence without pay available to men and women for the care of a newly adopted child.
B. Maternity Leave shall commence on a date requested by the employee and certified by the physician as being within the period of disability.
1. Maternity Leave shall be with pay to the extent of any accumulated sick leave earned or without pay as permitted by the New Jersey State Disability Program, which shall be at the employee’s option.
C. 1. Child care leave will be granted commencing on a date immediately following the maternity component. Such leave may continue for a period not to exceed eighteen (18) calendar months.
2. Adoption leave shall be granted by commencing on the date of formal
Adoption. Such leave may continue for a period not to exceed twelve (12) calendar months.
3. Child care or adoption leaves shall be without pay.
D. Maintenance of Health Care Benefits shall be pursuant to the related provisions of the Leave of Absence Article.E. Employees shall be entitled to return to work with a minimum thirty days advance notice to the employer.
F. The District and Association agree that employees shall be entitled to leave pursuant to the
Family Leave Act upon submitting written request for same to the District’s designee.
G. A male employee requesting child care leave shall be eligible for such leave beginning on
the delivery date of his child.
H. Upon return from any leave, the employee shall be reinstated to his/her pre-leave
employment position and assignment unless otherwise mutually agreed upon.
I. Advancement along the negotiated salary guide or accrual of any benefit shall not be affected by any leave of absence.
Any leave may be extended for a mutually agreeable length of time upon employee request.
Leaves in this article are pursuant to Federal & State regulations and should not exceed those regulations.
ARTICLE 24
MILITARY LEAVE
Military leave shall be granted pursuant to State and Federal regulations.
ARTICLE 25
STATUTORY AND LEGAL RIGHTS
A. Nothing contained herein shall be construed to deny or restrict the District or the employee from the exercise of its or their rights under NJ.S.A. 34:13A, N.J.S.A. 40, 40A or any other national, state, county or local laws or ordinances pertaining to the employees covered by this Agreement.
ARTICLE 26
SEPARABILITY AND SAVINGS
If any provision of this Agreement or any application of this Agreement to any employee or group of employees is held invalid by operation of the law or by court or other tribunal of competent jurisdiction following the valid adoption of this Agreement, such provision shall be inoperative, but all other provisions shall not be affected thereby and shall continue in full force and effect.
ARTICLE 27
SUPERSEDING CLAUSE
A. This Agreement supersedes any and all other agreements, ordinances, resolutions and/or directives dealing with working conditions and terms and conditions of employment which are inconsistent with the terms of this Agreement.
ARTICLE 28
FULLY BARGAINED AGREEMENT
A. This Agreement represents and incorporates the complete and final understanding and settlement by the parties of all bargaining issues which were or could have been the subject of negotiations.
B. The parties acknowledge that during the negotiations that resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any matter or subject not removed by law from the area of collective bargaining and that the understandings and agreement arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement.
C. This Agreement shall not be modified in whole or in part by the parties except only by an instrument, in writing, executed by both parties.
D. It is the intent of the parties that the provisions of this Agreement will supersede all agreements and understandings, oral or written, expressed or implied, between the parties and shall govern their entire relationship and shall be the sole source of any and all rights or claims which may be asserted in arbitration hereunder or otherwise. The District and the Union, for the life of this Agreement, hereby waive any rights to request to negotiate or bargain with respect to any matters contained in this Agreement.
ARTICLE 29
TRAINING
All represented employees shall receive schooling, training and/or in-service training that will enhance service and protection at no cost to the employees. All schooling and training must be approved by the Fire Commissioner in charge of District personnel or designee and will be subject to District’s budget capabilities.
Any and all costs relating to prior approved or required training and certifications shall be borne by the District.
Employees required to attend schooling, training and/or in-service training shall be compensated for all time worked pursuant to the overtime provisions of this agreement by the District.
The District will only pay cost and compensation related to training which has been prior approved by the Fire Commissioner in charge of district personnel or his designee.
The employees shall have the right to attend department drills after normal working hours. Attendance for large scale or re-certification drills is required. However, employees unable to attend due to scheduling conflicts may be excused by the Board or its designee. The Board shall pay employees for drill attendance according to Article 13 of this agreement.
Schooling that is not a job requirement maybe requested. The Board will pay all costs related to classes. The employee will not receive overtime for this type of training. The class must be pre-approved by the Commissioner in charge of personnel or his designee.
ARTICLE 30
UNIFORM ‘S
All new employees will receive uniforms and turnout gear according to Appendix A upon hire.
The Board will be responsible for all costs for changes and or alterations to uniforms and turn out gear as well as a replacement of any uniforms or turn out gear damaged or contaminated.
Upon the signing of this Agreement the parties will continue upkeep and maintaince of uniforms and turnout gear set forth in the Appendix A by using a quartermaster system.
The District will provide both stations with a washer strictly for station uniform maintenance. All employees shall be given time during the workday for cleaning of department issued station uniforms and shall be provided with cleaning agents in order to complete the task. Washing of personal clothing while on duty is prohibited.
ARTICLE 31
PERSONAL LOCKERS
A. Each firefighter is to be issued a locker for his/her use. This locker will have a door and the employee shall provide his/her own lock.
The District shall provide and maintain male and female washrooms and restrooms facilities that are in good repair and provide sanitary conditions to the employees.
ARTICLE 32
PROMOTIONS
When the District determines to create a promotional position or transfer position it will be posted in each station, with a copy provided to the Association, advising the nature of the job the qualifications and the closing date for filing. All promotions will be pursuant to applicable State of New Jersey, Department of Personnel guidelines.
ARTICLE 33
DUES, DEDUCTIONS, AND AGENCY SHOP
A. The District agrees to deduct from the salaries of its employees, subject to this Agreement, dues for the Union . Such deduction shall be made in compliance with Chapter 123, Public Laws of 1974, N.J.S.A. (R.S.) 52:14-15.9e, as amended.
B. A check-off shall commence for each employee that signs a properly dated authorization card, supplied by the Union and verified by the District during the month following the filing of such card with the District.
C. If during the life of this Agreement there shall be any change in the rate of membership dues, the Union shall furnish the District written notice thirty (30) days prior to the effective date of such change and shall furnish the District either new authorizations from its members showing the authorized deductions of each employee, or an official notification on the letterhead of the Union and signed by the President of the Union advising of such changed deduction.
D. The Union will provide the necessary “check-off authorization” form and the Association will secure the signatures of its members on the forms and deliver the signed forms to the District.
E. Any such written authorization may only be withdrawn by filing a withdrawal notice with the District. The filing of notice of withdrawal shall be effective to halt deductions in accordance with N.J.S.A. 52:14-15.9e, as amended.
F. The District agrees to deduct the fair share fee from the earnings of those employees who elect not to become a member of the Union and transmit the fee to the majority representative.
The deduction shall commence for each employee who elects not to become a member of the Union during the month following written notice from the Union of the amount of the fair share assessment. A copy of the written notice of the amount of the fair share assessment must also be furnished to the New Jersey Public Employment Relations Commission.
2. The fair share fee for services rendered by the Union shall be in the amount equal to the regular membership dues, initiation fees and assessments of the Union , less the costs of benefits financed through the dues and available only to the members of the Union , but in no event shall the fee exceed eighty-five (85%) percent of the regular membership dues, fees and assessments.
3. The sum representing the fair share fee shall not reflect the costs of financial support of political causes or candidates, except to the extent that is necessary for the Union to engage in lobbying activity designed to foster its policy goals in collective negotiations and contract administration, and to secure for the employees it represents advances in wages, hours and other conditions of employment which ordinarily cannot be secured through collective negotiations with the District.
4. If there is a change in the cost of membership, shall provide advance written notice to the District and any non-member of such increase. Upon written request, any information necessary to compute or validate the fair share fee for services enumerated above will be forwarded to the District or employee requesting it.
5. The Union shall establish and maintain a procedure whereby any employee can challenge the assessment as computed by the Union , This appeal procedure shall in no way involve the District or require the District to take any action other than to hold the fee in escrow pending resolution of the appeal.
G. The Union shall indemnify, defend and save the District harmless against any and all
claims, demands, suits or other forms of liability that shall arise out of or by reason of
action taken by the District in reliance upon salary deduction authorization cards or
the fair share assessment information as furnished by the Union to the District, or in
reliance upon the official notification on the letterhead of the Union and signed by the
President of the Union , advising of such changed deduction.
ARTICLE 34
DEPARTMENT VEHICLES
No unauthorized personnel will operate department vehicles.
Department vehicles shall not be used for personnel use.
The Board will keep all vehicles in safe condition.
ARTICLE 35
EMPLOYEE RIGHTS AND PRIVILEGES
Nothing contained herein shall be construed to deny or restrict any employee such rights as they may have under New Jersey laws or other applicable laws and regulations, the rights granted to employees hereunder shall be deemed to be in addition to those provided elsewhere.
B. No employee shall be disciplined, reduced in rank or compensation without just cause.
Any such action asserted by the District or any agent or representative thereof shall be
subject to the grievance procedure set forth herein and the provisions of the NJDOP.
Employee confidentiality relating to any proceeding shall be pursuant to applicable law.
C. Whenever an employee is required to appear before any Supervisor, Chief, or other District representative concerning any matter which could adversely affect the continuation of that employee in their position, employment, or the salary or any increments pertaining thereto, then they shall be given prior written notice of the reasons of such meeting or interview and shall be entitled to have a representative of the Local present to advise them and represent them during such meeting or interview.
D. Any employee whose action may give rise to charges by the District or any agent or representative thereof, either discipline or criminal, shall be advised prior to any hearing or meeting with any agent or agents of the District or Department. The affected employee shall be afforded all rights pursuant to U.S.S.C. decisions under Weingarten. No statement shall be given without first advising the affected employee of the matter or matters for which they are under investigation. The employee shall retain their full rights with regard to counsel in any hearing or internal investigation scheduled by the District.
E. 1. Proposed new rules or modifications of existing rules or past practices covering negotiable working conditions shall be negotiated with the Union before they are established.
All written rules and regulations shall be provided to the employees immediately
upon promulgation.
ARTICLE 36
EMERGENCY LEAVE
A. Employees may be granted emergency leave for a bona fide emergency situation that requires their immediate release or absence from work. All emergency leave will be charged, at the employer’s option, against the employee’s personal or vacation time balance.
ARTICLE 37
COMMUNICABLE DISEASES & CHEMICAL EXPOSURES
A. The department shall maintain a “medical sub file” in each employee’s personnel file. This “medical sub file” shall contain but not be limited to work related injury reports, vaccinations and exposure reports. Only the Chief, his designee or the employee will have access to these files.
B. If an employee comes in contact with; or has potential contact with any type of communicable disease or bio-hazard and/or chemical exposure, the employee is to make immediate notification and complete an “Exposure Form” as described in the department’s “Exposure Control” standard operating guideline.
C. If the employee is diagnosed with the AIDS Virus or any other communicable disease, the “Exposure Form” shall establish a rebuttal presumption that the employee is eligible for injury leave pursuant to Article 21.
ARTICLE 38
STATION STAFFING
A minimum of four (4) career personnel shall be assigned to a station per shift. Staffing of less than three (3) career personnel shall deem the company out of service until proper staffing levels can be attained.
ARTICLE 39
PENSIONS
A. All employees shall retain all pension rights afforded to them under applicable law.
ARTICLE 40
JOB DESCRIPTION AND DUTIES
A. The job descriptions and duties for all members of this bargaining unit shall be accordance with each employee’s job title as set forth by the New Jersey Department of Personnel.
B. The District will maintain on file complete and current Department of Personnel job descriptions for all required positions.
C. The District will supply a copy of the most current job description to an employee when hired and at any time thereafter, if the job description should change.
D. Any additional job descriptions / duties on a District level shall be mutually agreed upon by the Board and Association.
ARTICLE 41
LABOR / MANAGEMENT COMMITTEE
Authorized representatives of the Union and District will meet on an as-needed basis to discuss matters of mutual concern.
ARTICLE 42
BULLETIN BOARD
A. The Union shall have the sole use of the mutually agreed upon designated Union bulletin board in each station for the sole purpose of posting notices relating only to matters of official business of all emergency organizations and other employee related matters.
B. Only material authorized by the signature of the Union Representative, President, or Shop Steward shall be posted on said bulletin board.
C. The District may require the Union to remove from the bulletin board any material that does not conform to the intent of the above provisions of this Article.
ARTICLE 43
PRINTING AND SUPPLYING AGREEMENT
This Agreement and any future agreement shall be copied and supplied to each employee by the District within Thirty (30) calendar days of execution at no cost to the employee.
ARTICLE 44
DISCIPLINARY ACTION
A. The Union and District agree that the current department disciplinary code shall serve as “The Code” for the department.
B. The Union and District also agree that any implemented disciplinary action code will be pursuant to the rules and regulations of the New Jersey Department of Personnel.
ARTICLE 45
DURATION, TERM, and RENEWAL
THIS AGREEMENT shall be effective and retroactive to March 1, 2003 and shall remain in full force and effect through February 28, 2006. The agreement shall automatically be renewed from year to year thereafter, unless either party shall notify the other, in writing, between October 1 and October 31, 2005 that it desires to modify this Agreement. In the event such notice is given, negotiations shall begin no later than ninety (90) calendar days prior to the termination date. This Agreement shall remain in full force and effect during the period of negotiations unless other mutually agreed.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first set forth above.
Board of Fire Commissioners I.A.F.F Local 4363
Cinnaminson Fire District #1 AFL-CIO-CLC
____________________________ _______________________________
Chairman President Local 4363
____________________________ _______________________________
Commissioner Secretary/Treasurer Local 4363
APPENDIX A
CLOTHING ALLOWANCE LIST
The following uniform components shall be initially supplied in full to each employee upon hiring, as well as the balance of all components issued to current employees.
7 Seven pairs of Nomex uniform pants
5 Five long sleeve Nomex uniform shirts
5 Five short sleeve Nomex uniform shirts
7 Seven Department issue short sleeve tee shirts
2 Two Department issue “Job Shirts”
1 One pair PEOSHA approved work boots or shoes, not to exceed $150.00
1 One pair of overalls
1 One black uniform belt
1 One (new) full set of approved firefighting turnout gear and required accessories
1 One pair of NFPA approved leather firefighting boots for turnout gear
1 One Department issue duty jacket with removable liner
2 Two set of collar pins equal to employees rank
2 Two badges equal to employees rank
2 Two pair department issue sweat shorts
2 Two pair department issue sweat pants
1 One department issue sweat shirts
The following uniform components shall be included in a regular replacement program annually:
- (7) Seven Department issue short sleeve t-shirts
- (1) one pair of PEOSHA approved work boots or shoes.
- (1) one Department issue” Job Shirt”
B. The District will be responsible for the cost of changes/alterations to uniforms and replacement of uniforms damaged or contaminated in the line of duty.
C. The District will provide its employees with turnout gear and equipment that meets or exceeds the requirements of NFPA and/or OSHA for Firefighting Personnel.
APPENDIX B
SALARIES Grade
FF1 Provisional 2.25% 2003 2004 2005 2006
1 30,000 30,675 31,365 32,070
2 32,600 33,333 34,083 34,850
3 33,600 34,356 35,129 35,919
4 35,280 36,073 36,885 37,715
5 37,044 37,877 38,729 39,601
6 38,896 39,771 40,666 41,580
FF2 Career 2.25% 2003 2004 2005 2006
1 32,000 32,720 33,456 34,208
2 34,125 34,892 35,677 36,480
3 35,831 36,637 37,461 38,304
4 37,622 38,468 39,334 40,219
5 39,503 40,391 41,229 42,229
6 41,479 42,412 43,366 44,342
FO1 Lieutenant 2.25% 2003 2004 2005 2006
1 37,000 37,832 38,683 39,554
2 39,000 39,877 40,774 41,692
3 41,189 42,115 43,063 44,032
4 43,989 44,978 45,990 47,025
5 46,189 47,228 48,290 49,377
6 48,498 49,589 50,704 51,845
APPENDIX B
FO2 Captain 2.25% 2003 2004 2005 2006
1 41,000 41,922 42,865 43,830
2 43,050 44,018 45,009 46,021
3 45,202 46,219 47,258 48,322
4 47,462 48,529 49,621 50,738
5 49,835 50,956 52,102 53,275
6 52,327 53,504 54,708 55,939
F03 Battalion 2.25% 2003 2004 2005 2006
Chief
1 45,000 46,012 47,047 48,106
2 47,250 48,313 49,400 50,511
3 49,612 50,728 51,869 53,036
4 52,093 53,265 54,463 55,688
5 54,697 55,927 57,186 58,472
6 57,432 58,724 60,045 61,396
1. Members maintaining an EMT certification shall receive annual EMT pay of $1,500.00. EMT pay shall be added to and paid with the base salaries listed above.
2. Members maintaining a Fire Inspector certification shall receive Fire Inspector Pay of $1,500.00. Fire Inspector pay shall be added to and paid with the base salaries listed above.
XXX FF5 Subcode Pay 1,500.00
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