2002/2003/2004/2005/2006 AGREEMENT BETWEEN THE TOWNSHIP OF GLOUCESTER AND CAMDEN COUNCIL #10 SUPERVISORY UNIT
INDEX
PREAMBLE PAGE 1
LEGAL REFERENCE ARTICLE 1 PAGE 1
RECOGNITION ARTICLE 2 PAGE 2
MANAGEMENT RIGHTS ARTICLE 3 PAGE 2
RULES AND REGULATIONS ARTICLE 4 PAGE 3
BAN ON STRIKES ARTICLE 5 PAGE 3
GRIEVANCE PROCEDURE ARTICLE 6 PAGE 4
EMPLOYEE RIGHTS ARTICLE 7 PAGE 5
BILL OF RIGHTS ARTICLE 8 PAGE 6
AGENCY SHOP & CHECK OFF ARTICLE 9 PAGE 6
JOINT COUNCIL # 10 ARTICLE 10 PAGE 8
MANAGEMENT COMMITTEE
WORK SCHEDULES ARTICLE 11 PAGE 9
OVERTIME ARTICLE 12 PAGE 9
CALL IN TIME ARTICLE 13 PAGE 10
WAGE SCHEDULE ARTICLE 14 PAGE 11
LONGEVITY ARTICLE 15 PAGE 11
VACATION ARTICLE 16 PAGE 12
HOLIDAYS ARTICLE 17 PAGE 13
PERSONAL DAYS ARTICLE 18 PAGE 13
SICK LEAVE WITH PAY ARTICLE 19 PAGE 13
RESIGNATION/RETIREMENT ARTICLE 20 PAGE 15
WORKERS COMP. ARTICLE 21 PAGE 16
BEREAVEMENT LEAVE ARTICLE 22 PAGE 16
UNION LEAVE ARTICLE 23 PAGE 16
MATERNITY/PATERNITY LEAVE ARTICLE 24 PAGE 17
LEAVE OF ABSENCE ARTICLE 25 PAGE 17
WITHOUT PAY
HEALTH BENEFIT PACKAGE ARTICLE 26 PAGE 18
MILEAGE ARTICLE 27 PAGE 19
EDUCATION ARTICLE 28 PAGE 19
SENIORITY ARTICLE 29 PAGE 20
PROMOTIONS ARTICLE 30 PAGE 21
LAYOFF OR DISCHARGE ARTICLE 31 PAGE 21
SAFETY AND HEALTH ARTICLE 32 PAGE 22
CLOTHING ALLOWANCE ARTICLE 33 PAGE 22
MILITARY LEAVE.................................. ARTICLE 34............................................ PAGE 22
JURY DUTY ............................................ ARTICLE 35 ........................................... PAGE 23
TERMINATION ARTICLE 36 PAGE 23
LEGAL PROTECTION ARTICLE 35 PAGE 25
APPENDIX A TITLES PAGE 26
APPENDIX B HEALTH BENEFIT PACKAGE PAGE 27
FLEX PLAN MENU
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PREAMBLE
This Agreement entered into effective 1st day of January, 2002, by and between the Township of Gloucester, in the County of Camden, State of New Jersey, hereinafter referred to as the Employer, and Camden Council #10 Supervisory Unit hereinaf-ter referred to as the Employees, has as its purpose the promotion of harmonious relations between the Township and the Employees, the establish-ment of an equitable and peaceful procedure for the resolution of differ-ences, the establishment of rates of pay, hours of work, and other con-ditions of employment, and represents the complete and final understanding of the rules and regulations of the Township of Gloucester.
ARTICLE 1. LEGAL REFERENCE Nothing contained in this Agreement shall alter the authority con-ferred it by Law, Ordinance, Resolution, or Administrative Code, and the Township's Departmental Rules and Regulations upon any Township Official or in any way abridge or reduce such authority.
This Agreement shall be construed as requiring both the Employer and the Employee to follow the terms contained herein, to the extent that they are applicable in the exercise of the responsibilities conferred upon them by Law. Nothing contained herein shall be construed to deny or restrict to any employee such rights as they may have under any other applicable Laws or Regulations. The rights granted to the Employees hereunder shall be deemed to be in addition to those provided elsewhere.
If any provision of this Agreement or any application of this Agree-ment to any employee or group of employees is held to be contrary to Law, then such provision or application shall not be deemed valid and subsist-ing, except to the extent permitted by Law, however, all other provisions or applications shall continue in full force and effect. The provisions of this Agreement shall be subject to and subordinate to and shall not annul or modify existing applicable provisions of State and Local Law, except as such particular provisions of this contract modify existing Local Laws.
ARTICLE 2. RECOGNITION
The Township of Gloucester hereby recognizes Camden Council #10 Supervisory Unit as the sole and exclusive representative of the Employees of Gloucester Township for the purpose of collective negotiations with respect to terms and conditions of employment for employees in the titles set forth in Appendix A and any new classifications as may be agreed upon.ARTICLE 3. MANAGEMENT RIGHTS The Township of Gloucester hereby retains and reserves unto itself, without limitation, all powers, rights, authority, duties and responsibil-ities conferred upon and vested in it prior to the signing of the Agreement by the Laws and Constitutions of the State of New Jersey and of the United States, including, but not without limiting the generality of the forego-ing, the following rights:
The executive management administrative control of the Township Government and its properties and facilities and the activities of its employees by utilizing personnel, methods, and means of the most appropriate manner possible as may from time to time be determined by the Township.
To make rules of procedure and conduct subject to the provisions of N.J.S.A.34:13A-5.3, to use improved methods and equipment, to determine work schedules and shifts, to decide the number of employees needed for any particular time and to be in sole charge of the quality and quantity of the work required.
The right of management to make, maintain, and name such reason-able rules and regulations subject to N.J.S.A.34:13A-5.3, as it may from time to time deem best for the purposes of maintaining order, safety, and/or the effec-tive operation of the Department, after advance notice to the employees and to require compliance by the employees, is recog-nized.
To hire all employees and subject to the provision of Law, to determine their qualifications and conditions of continued employment or assignment, and to promote and transfer employees.
To suspend, demote, discharge, or take any other appropriate disciplinary action against any employee for good and just cause according to Law.
To layoff employees in the event of lack of work or funds or under conditions where continuation of such work would be inefficient or non-productive.
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The Township reserves the right with regard to all other con-ditions of employment not reserved to make such changes as it deems desirable and necessary for the efficient and effective operation of the Departments subject to the requirements of Law.
In the exercise of the foregoing powers, rights, authority, duties and responsibilities of the Township, the adoption of policies, rules, regu-lations and practices and the furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only to the specific and express terms of this Agreement and then only to the extent such specific and express terms hereof are in conformance with the Consti-tution and Laws of New Jersey and of the United States.
Nothing contained herein shall be construed to deny or restrict the Township of its rights, responsibilities and authority under R.S. 40A, or any other national, state, county or local laws or regulations.
ARTICLE 4. RULES AND REGULATIONS
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The Township shall and may establish and enforce binding rules and regulations in connection with the operation of the Township and maintenance of discipline, provided such rules and regu-lations are not in conflict with the provisions of this Agree-ment and have been negotiated in accordance with N.J.S.A.34:13A-5.3. Copies shall be furnished to the Council #10 members. It is understood that application of this Agreement shall not in any way hamper enforcement of the Departmental Rules and Regulations.
It is understood that all employees shall comply with all rules and regulations of the Department and orders or directives issued by the Director of their Department of his designee, from time to time.
If any employee believes a rule, regulation, or instruction is unreasonable or unjust, the employee shall comply with the rule, regulation, or instruction, but with the further provision that such employee may regard the rules, regulation, or instruc-tion as a grievance which shall be handled in accordance with the grievance procedures set forth in this Agreement.
ARTICLE 5. BAN OF STRIKES It is recognized that the need for continued and uninterrupted opera-tion of the Township of Gloucester is of paramount importance to the citizens of the community; therefore, there shall be no interference with such operations.
Adequate procedures having been provided for the equitable settlement of grievances arising out of this Agreement, the parties hereto agree that there shall not be, and that the Council #10 officers, members, agents, or principals will not engage in, encourage, sanction, or suggest strikes, slowdowns, mass resignation, mass absenteeism, or other suspension of, or interference with, normal work performance.
ARTICLE 6. GRIEVANCE PROCEDURE A grievance or dispute, that might arise between the parties with reference to the application, meaning or interpretation of this agreement shall be settled in the following manner:
Step 1. The aggrieved employee or union steward, at the request of the employee, shall take up the grievance or dispute with the employee's Director within ten (10) working days of its occurrence. Failure to act within the ten (10) day period shall be deemed to constitute an abandonment of the grievance. Upon proper presentation of grievance, the Director shall then attempt to adjust the matter and shall respond to the employee or steward within three (3) working days.
Step 2. If the grievance has not been settled, it shall be presented, in writing, by the union steward (or union grievance committee or employee) to the Mayor within five (5) working days after the Director's response is due.
The Mayor shall meet with the union steward (or grievance committee and/or employee) within 5 working days and respond, in writing, within three(3) working days, after the Mayor and Union Steward meeting.
Step 3. If the grievance still remains unsettled, the representative may within fifteen(15)working days after the reply of the Mayor is due, by written notice, proceed to arbitration. A request for arbitration shall be made no later than such fifteen (15) day period and a failure to file within said time period shall constitute a bar to such arbitration unless the union and Council 10 shall mutually agree upon a longer time period within which to submit such a demand.
With regard to subject matters that are grievable, the arbitration proceedings shall be conducted by an arbitrator selected according to the procedures of the Public Employees Relations Commission. The cost of arbitration shall be borne equally between both parties.
The Union will notify the Township, in writing, of the names of its employees who are designated by the union to represent employees under the grievance procedure. Employees so designated by the Union will be permitted to confer with other employees regarding matters of employee representation, during working hours without loss of pay.
Agents of the Union who are not employees of the Township, will be permitted to visit with employees during working hours at their work stations for the purpose of discussing union representation matters, so long as such right is reasonably exercised and there is no undue interference with work progress. (Such representatives shall also be recognized by the Township as authorized spokesmen for the Union in the matters between the parties regarding employee representation matters.)
The Township and the Union agree in conjunction with the grievance procedure each will give reasonable consideration to a request of the other party for meetings to discuss grievances pending at any step of the grievance procedure.
ARTICLE 7. EMPLOYEE RIGHTS Pursuant to Chapter 303, Public Laws 1968, the Township of Gloucester hereby agrees that every employee shall have the right to freely organize, join, and support Council #10 and its affiliates for the purpose of engag-ing in collective negotiations and other concerted activities for mutual aid and protection. As a duly selected body exercising governmental power under color of Law of the State of New Jersey, the Township undertakes and agrees that it shall not directly nor indirectly discourage, deprive, nor coerce any employee in the enjoyment of any rights conferred by Chapter 303, Public Laws 1968 or other Laws of New Jersey or the constitution of New Jersey and the United States; that it shall not discriminate against any employee with respect to hours of work, wages, or any terms and con-ditions of employment by reason of his membership in Council #10 and its affiliates, collective negotiations with the Township or his institution of any grievance, complaint or proceeding under this Agreement or otherwise with respect to any terms and conditions of employment.
Representatives of Council #10 shall be permitted time off to attend negotiating sessions, provided the efficiency of the Department is not affected thereby.
Each employee shall be made aware of material to be placed into his or her file, and shall have access to his or her complete personnel file upon reasonable notice to the Business Administrator during regular business hours. All information in the file shall be made available, except for reference checks and other information given in the process of hiring which is confidential in nature.
The Township agrees to notify the employee if any material derogatory to the employee is placed in his personnel file.
The Township shall maintain a separate file on each employee contain-ing such records as medical, psychological and psychiatric examinations, pre-employment inquiries and background investigations.
ARTICLE 8. BILL OF RIGHTS To insure that individual employee rights are not violated, the following shall represent the employee's Bill of Rights.
An employee shall have the right to union representation at each and every step of the grievance procedure as set forth in this Agreement.
An employee shall not be required to submit to a questioning by the employer and/or representatives of said employer without union representation present at such questioning.
No recording devices, of any type, shall be used at such questioning session.
In all disciplinary hearings and/or hearings designated for the appeal of a disciplinary action already taken, the employee shall be entitled to union representation by the Shop Steward or his designee and/or a union representative from the Council.
In all disciplinary hearings or hearings designed for the appeal of any disciplinary action the employee and/or his union rep-resentative(s) shall have the right to introduce evidence and witnesses on his behalf. Furthermore, the employee and/or his union representative(s) shall be granted the right to cross-examine any and all witnesses against him.
Recording devices may be used only if prior agreement by the union is reached. The union shall be given a duplicate of any and all recordings made. Cost for such shall be shared equally between the union and the employer.
No employee shall be intimidated, coerced, or suffer any reprisal by the employer for having exercised his rights under this Agreement.
ARTICLE 9. CHECK OFF & AGENCY SHOP The Employer agrees to deduct monthly, the Council's monthly membership dues from the pay of those employees who individually request, in writing, that such deductions be made. The amounts to be deducted shall be certified to the Business Administrator of the Township of Gloucester by the Financial Secretary of the Council, together with a list of names of all employees for whom deductions are made. The aggregate deductions of all employees shall be remitted to the Financial Secretary of the Council with a list of names of all employees for whom the deductions were made by the tenth (10) day of the succeeding month after such deductions are made. The revocation of this authorization shall be in writing, in duplicate, one to be sent to the Council and one copy to the Business Administrator of the Township, and further, in accordance with the provisions of applicable statutes as presently exist or as may be amended.
The Township and the Union agree that there shall be no discrimination against any
employee because of race, creed, color, religion, gender, national origin, or political affil-iation.
The Township and the Union agree that all members covered under this Agreement have the right without fear of penalty or reprisal to form, join, and assist any employee orga-nization or to refrain from any such activity. There shall be no discrimination by the Township or the Union against any member because of the member's membership or non-membership or activity or non-activity in the Union.
The Township may establish reasonable and necessary rules of work and conduct for employees subject to the provisions of N.J.S.A.34:13A-5.3.
This Agreement shall be equitably applied to all employees covered by this Agreement.
The Employer agrees to deduct the fair share fee from the earn-ings of those employees who elect not to become members 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 follow-ing written notice from the union of the amount of the fair share assessment. A copy of the written notice of the fair share assessment must also be furnished to the New Jersey Public Employment Relations Commission.
The fair share fee for services rendered by the Union shall be in an amount equal to the regular membership dues, initiation fees, and assessments of the Union, less the cost of benefits financed through the dues and available only to members of the Union, but in no event shall the fee exceed eighty five percent (85%) of the regular membership dues, fees, and assessments.
The sum representing the fair share fee shall not reflect the cost of financial support of political causes or candi-dates, except to the extent that it is necessary for the union to engage in lobbying activity designed to foster its policy goals in collective negotiations and contract admin-istration, and to secure for the employees it represents ad-vances in wages, hours, and other conditions of employment which ordinarily cannot be secured through collective negotiations with the employer.
The Union shall establish and maintain a procedure whereby any individual paying the agency fee can challenge the assessment as computed by the Union. This appeal procedure shall in no way involve the Employer or require the employer to take any action other then hold the fee in escrow pending resolution of the appeal.
The Union shall indemnify, defend, and save the Employer 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 Employer in reliance upon salary deduction authorization cards or the fair share assessment information as furnished by the Union to the Employer, 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 10. JOINT COUNCIL #10 - MANAGEMENT COMMITTEE A committee consisting of a Township representative and a Council #10 representative shall be established for the purpose of reviewing the administration of this Agreement and to resolve problems that may arise. Said committee will meet when necessary and required. These meetings are not intended to bypass the grievance procedure or to be considered contract negotiating meetings. The purpose and intent of such meetings is to foster good employment relations through communications between the Township and Council #10 on such matters as:
Discussing questions arising over the interpretation and applica-tion of this agreement.
Disseminating general information of interest to the parties.
Giving Council #10 representatives the opportunity to express their views or to make suggestions on subjects of interest to employees of the bargaining unit.
To notify the employees in the bargaining unit of changes in non-bargainable conditions of employment contemplated by manage-ment.
The promotion of education and training.
The elimination of waste and the conservation of materials and supplies.
The improvement of working conditions, the safeguarding of health and prevention of hazards to life and property and the strengthening of the morale of the employees.ARTICLE 11. WORK SCHEDULES
The regularly scheduled work week shall consist of four (4) consecutive days, Monday through Thursday inclusive, 7:00 A. M. Through 5:30 P. M. (40 hours per week) or Tuesday through Friday inclusive, 7:00 A. M. Through 5:30 P. M. (40 hours per week), except for the Recreation Supervisor whose regularly scheduled work week shall consist of four (4) days, in the days Monday through Friday, 8:00A. M. Through 5:45 P. M. (35 hours per week). Included in each work day is a one-half (1/2) hour lunch period and a one-quarter (1/4) hour permissible break in the AM and PM. Neither the regular starting time of work shifts, nor the work shift will change without 2 weeks prior notice to the affected employees and without first having discussed such need for the change with representatives of Council 10. In the event that there is a need for the Township to revert to a five (5) day work week then the regularly scheduled work week shall consist of five (5) consecutive days Monday through Friday inclusive, 7:00 A. M. Through 3:30 P. M. (40 hours per week)
ARTICLE 12. OVERTIME Overtime refers to any time worked beyond the regular hours of duty. All time worked including all time earned by the employee is considered hours worked for determining hours eligible for overtime pay.
Time and One Half (1½) the employees regular rate of pay shall be paid for work under the following conditions:
If the regularly scheduled work week is four (4) consecutive days, all work performed in excess of ten (10) hours in any one day. If the regularly scheduled work week is five (5) consecutive days, all work performed in excess of eight (8) hours in any one day.
All work performed in excess of forty (40) hours in any one week.
All work performed on Saturday, provided the employee has satisfied the forty (40) hour work week requirement. All time paid for is considered hours worked.
Double Time the employees regular hourly rate of pay shall be paid for work under any of the following conditions:
All work performed on Sunday, provided the employee has satisfied the forty (40) hour work week requirement. All time paid for is considered hours worked.
All work performed on a holiday in addition to the holiday pay.
If the regularly scheduled work week is four (4) consecutive days, then in no event will employees be paid less than double time for having worked consecutively in excess of fourteen (14) hours. If the regularly scheduled work week is five (5) consecutive days, then in no event will employees be paid less than double time for having worked consecutively in excess of twelve (12) hours.
Overtime work will be distributed as equally as possible among employees within the same classification.
All overtime shall be paid promptly in the next payroll check after the overtime is worked.
Overtime work shall be voluntary unless the Mayor declares a state of emergency. However, if insufficient manpower is not available on a Voluntary basis, the Director may order a Supervisor to work Overtime in a reverse seniority order.
Any employee who may be required to carry a beeper for emergency, on call service, shall be compensated at the rate of $275.00 per week for the year 2002; $275.00 per week for the year 2003; $300.00 per week for the year 2004; and $325.00 per week for the year 2005, and $325.00 per week for the year 2006. A week shall consist of seven (7) days. This compensation is in addition to any actual call in time paid in accordance with Article 13. Employees carrying the beeper for less than a full week shall be entitled to be compensated as set forth above, but on a prorated basis. Compensation for carrying a beeper shall be added to the affected employee's base pay for pension reporting purposes only. The Township shall pay for the required beepers.
ARTICLE 13. CALL IN TIME Any employee who is called in for any emergency shall be paid not less than four (4) hours, and if the assigned work requires over four (4) hours, he shall be paid not less than eight (8) hours. If the employees call-in-time and his regular shift overlap, he shall be paid time and one half (1½) for that period worked prior to the regular shift. Thereafter, for the balance of his regular shift he shall be paid at the appropriate rate.ARTICLE 14. WAGE SCHEDULE Effective January 1, 2002, each employee covered by this agreement shall receive a 3.0% increase on their base rate as of December 31, 2001, except for the Recreation Supervisor who shall receive an increase of $1.00 in the hourly rate effective as of December 31, 2001, for that title before the 3% increase is applied.
Effective January 1, 2003, each employee covered by this agreement shall receive a 2.0% increase on their base rate as of December 31, 2002.
Effective July 1, 2003 each employee covered by this agreement shall receive a 3.0% increase on their base rate as of June 30, 2003.
Effective January 1, 2004 each employee covered by this agreement shall receive a 3.5% increase on their base rate as of December 31, 2003.
Effective January 1, 2005 each employee covered by this agreement shall receive a 4.0% increase on their base rate as of December 31, 2004.
Effective January 1, 2006 each employee covered by this agreement shall receive a 4.0% increase on their base rate as of December 31, 2005.
The appropriate list of classified titles covered herein shall appear as Appendix A of the Agreement.
The entrance level for new employees shall be in accordance with the rate of pay by title as appears in Appendix A.
Employees shall be paid bi-weekly beginning July 1, 2003.ARTICLE 15. LONGEVITY Longevity pay will be granted annually, on or about November 1st of each year, in a separate check, to all classified employees with five (5) or more years of full time service with the Township, as per following schedule:
Commencing with the fifth (5) year through the sixth (6) year inclu-sive, - 7½% of annual salary.
Commencing with the seventh (7) through the eighth (8) year inclusive, - 8½% of annual salary. Commencing with the ninth (9) through the tenth (10) year inclu-sive, - 9½% of annual salary.
Commencing with the eleventh (11) through the fourteenth (14), - 10½% of annual salary.
Commencing with the fifteenth (15) year and thereafter - 11½% of the annual salary.
In computing Longevity Pay, the effective date shall be the anniversary date. If an employee leaves the service of the Township prior to the November 1st payment date for longevity, his longevity will be pro-rated for the current year and paid at the time of separation.
For Employees hired after December 31, 2002, longevity pay is capped at a maximum of 10% in any year.ARTICLE 16. VACATION Employees covered by this Agreement shall be entitled to the following annual vacation leave:
Up to one year of service, one eight-hour vacation for each month of service. (Maximum 96 hours.)
From one (1) year up to and including the third (3) year of service, 96 hours per year.
From the Fourth (4th) year up to and including the sixth (6th) year of service, 128 hours per year.
From the seventh (7th) year up to and including the ninth (9th) year of service, 184 hours per year.
From the tenth (10th) year up to and including the twelfth (12th) year of service, 224 hours per year.
From the thirteenth (13th) year of service through retire-ment, 240 hours per year.
Where in any calendar year the vacation leave or any part thereof is not used, such vacation period shall accumulate and any unused vacation time may be carried forward for a period not to exceed two (2) years, and must be taken within the succeeding two (2) year period. However, if in the third year, due to the pressure of work as determined by the Department Head, the employee still has accumulated vacation time that will be lost, the employee has the right to sell that time only.
Vacation time cannot be used for sick time without the express written consent of the employee.
It is understood that each employee shall have fully earned their vacation as of the first of the year, however, if the employees leaves the service of the Township, their earned vacation time unused will be prorated for the time period worked in that year, and paid to the employee in their last paycheck, provided they have given a proper notice of intention to resign or are laid off.
Employees covered under this Agreement, at the discretion of the Director, may sell back current year Vacation time in increments of 40 hours, not to exceed 80 hours, provided that sell-back is exercised prior to November 1, 1992 and July 1, 1993.
ARTICLE 17. HOLIDAYS The following thirteen (13) days shall be observed as normal Holidays during the years of this Agreement: New Years Day, Martin Luther King's Birthday, Presidents Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christ-mas Eve, Christmas Day, two (2) floating holidays.
Holidays which fall on a Saturday shall be celebrated on the preceding work day. Holidays which fall on a Sunday shall be celebrated on the succeeding work day.
Whenever the President of the United States declares a National Holiday, in addition to those set forth above, any employee who is required to work on such day shall be granted an additional day off at a later date, mutually agreed upon by the Employee and the Department Head so as not to interfere with the daily operation of he Department.
In the event that the President of the United States or the Governor of New Jersey declares a State of Emergency, the Mayor will have the option of dismissing all non-essential employees covered by this agreement at no charge to the affected employees. Those employees required to remain at work will be paid only their regular day’s pay for the duration of their regular workday.ARTICLE 18. PERSONAL DAYS All full time permanent employees shall be granted forty (40) personal hours each year, pro-rated for new employees. Four personal days (forty [40] hours) shall be allotted to each employee per year to be used at the discretion of the employee, upon approval of their Department Manager. Unused personal days cannot be carried over to another year.
Emergency personal days may be granted for an unforeseen occurrence which necessitates the presence of the employee and for which the individual had no prior knowledge and is unable to resolve the situation outside the workday.
ARTICLE 19. SICK LEAVE WITH PAY Permanent employees in the local service shall be entitled to the following sick leave of absence with pay:
Fourteen (14) hours' sick leave with pay for each month of service from the date of hire up to and including December 31st next following such date of hire and one hundred and sixty-eight (168) hours sick leave with pay for each calendar year thereafter.
If any such employee requires none or a portion only of such allowable sick leave in any calendar year, the amount of such leave not taken shall accumulate from year to year.
Sick leave for the purposes herein is defined to mean the absence of an employee from duty because of personal illness for which the employee is unable to perform the usual duties of his position, exposure to contagious disease, or a short period of emergency attendance upon a member of his immediate family critically ill and requiring the presence of the employee.
If an employee is absent for five (5) consecutive working days, for any of the reasons set forth above, the employer shall require acceptable evidence on the form prescribed. The nature of the illness and the length of time the employee will be absent should be stated on a Doctor's Certificate.
An employee who does not expect to report for work because of personal illness or for any of the reasons set forth in the definition for sick leave herein above set forth, shall notify his immediate superior by telephone or special messenger within one half hour (½) before the beginning time of the employee's shift.
Sick leave claimed by reason of quarantine or exposure to contagious disease may be approved on the certificate of the local health agency, and in case of death in the family, upon such reasonable proof as the appointing authority shall require.
The total years of service after appointment of each employee in the local civil service shall be considered in computing accumulated sick leave due and available.
Temporary Employees in the local service shall be entitled to the following sick leave of absence with pay:
Eight (8) hours of sick leave with pay for each month of service per annum, during such temporary full time employment.
Employees on a seasonal basis are not eligible for paid sick leave.
Once each year, on or before January 15th, the employee shall be notified of the number of unused sick hours and vacation hours to the credit of the employee.
Annually an adjustment will be added to longevity pay scheduled to be disbursed in November each year (Article 23) for unused sick days during each calendar year as follows. For each block of 5 unused days of the current years earned sick days the employee will receive an additional ½% increase in longevity. Any employee not entitled to longevity will receive a flat $50.00 for each block of 5 unused sick days.
The Township shall continue to provide a Disability Plan equal to or better than the New Jersey State Disability Plan.
ARTICLE 20. RESIGNATION/RETIREMENT If an employee gives two weeks notice when he intends to resign, he shall be paid for any accrued vacation time, pro-rated for the current year. -
If an employee resigns in good standing after ten years of service with the township, or retires, the employee shall be entitled to compen-sation for accrued unused sick leave hours as follows:
Cash payment shall be made for unused sick leave upon retirement, death, or separation due to a reduction of the overall work force for economic reasons, on the following basis.
$55.00 per eight-hour day for all unused sick time hours accumulated from hire date to December 31, 1988, and on the current hourly rate per eight hour day from January 1, 1989, up to a maximum of 925 hours.
If an employee retires from the Township with 25 years of service, the Township agrees to provide the employee with paid Health Insurance as provided for in Article XXVI of the current contract.
The Township also agrees to reimburse each retired employee participating in the traditional plan up to $200.00 towards the deductible. ($100.00 for single coverage/$200.00 for family coverage) If an employee retires from the Township with 25 years of service, the Township agrees to provide up to a max of $800.00 prescription/eyeglass/dental plan up to the date of eligibility for Medicare.
If the employee does not give the proper two weeks notice of his intention to resign or retire, the Township shall determine whether or not the employee shall be entitled to any compensation under this Article.
ARTICLE 21. WORKERS COMPENSATION In the event an Employee becomes disabled by reason of a work related injury or illness and is unable to perform his/her duties, then the Employee shall be entitled to full pay for a period up to one (1) year, provided all conditions of this Article are met.
The employee shall notify his or her Department Head of the work related injury or illness immediately.
The employee shall be required to present evidence by a certificate of a duly authorized physician that he/she is unable to work, and the Township may reasonably require the employee to present additional certificates from time to time.
No charge shall be made to the employees sick or vacation leave accumulation.
An employee who is injured on the job and unable to return to work for a period less than seven (7) days shall not be charged with any sick or vacation leave benefit because of said injury or illness, however, a Doctor's Certificate will be required stating the nature of the injury or illness and the length of absence required for same.
ARTICLE 22. BEREAVEMENT LEAVE In the event of death of a member of an employee's immediate family, the following leave of absence, with pay shall be granted.
Seven (7) days off with pay shall be granted in the event of death of an employee's Mother, Father, or Parental Guardian, Spouse, Children of the employee, Brother, Sister.
Five (5) days off with pay shall be granted in the event of death of an employee's Grandmother, Grandfather, Grandchild, Step Parents and Foster Children.
Three (3) days off with pay shall be granted in the event of death of an employee's Mother-in-Law, Father-in-Law, Broth-er-in-Law, and Sister-in-Law, spouse's grandmother, grandfa-ther, grandchild, spouse's step-parents, aunts, and uncles.
One (1) day shall be granted for nieces, nephews, and cousins.
ARTICLE 23. UNION LEAVE The Township agrees to allow the union representative a reasonable amount of time off from work to attend to union business, provided such time does not interfere with the anticipated work assignments.
The Township further agrees that all employees covered by this agree-ment shall be granted reasonable time off from work to attend group meet-ings of the union, such meetings shall not exceed one half (½) hour a month, when necessary. The Township agrees to allow the union representative time off from work to attend a monthly union shop stewards meeting. Time off shall be limited to the time needed for attendance and travel.
ARTICLE 24. MATERNITY/PATERNITY LEAVE
Request for maternity/paternity leave shall be made in writing, no later than the one month prior to effective date of leave.
Except for reasons of health or inability to perform her job, the pregnant employee shall be permitted to work, providing the attending physician approves and so advises in writing. A pregnant employee shall be granted earned and accumulated sick and vacation leave time during the time prior to and after the actual date of birth.
Employees requesting paternity leave shall be granted earned and accumulated sick and vacation leave time after the actual date of birth.
Additional time, without pay, may be granted for reasons of the employees individual health, upon presentation of a Doctor's Certificate, setting forth the necessity therefore.
A request for pregnancy or maternity/paternity leave shall be made in writing at least one month prior to the effective date of the requested leave.
ARTICLE 25. LEAVE OF ABSENCE - WITHOUT PAY A permanent employee holding a position in the classified service who is temporarily incapacitated to perform his duties due to either physical or mental reasons may be granted a special leave of absence, without pay, for a period not to exceed six (6) months. Said special leave may be extended for another period, not to exceed six (6) months, with the approval of the Township.
Any permanent employee desiring such special leave of absence, without pay, shall submit his request, in writing, stating the reasons why, in his opinion, the request should be granted along with the anticipated date of his return to duty.
Employees shall be given time off without loss of pay when commanded to appear as a witness and not a party before a court, legislative committee or judicial or quasi-judicial body.
ARTICLE 26. HEALTH BENEFIT PACKAGE
For all employees hired prior to 12/31/94 the Township will provide a Medical Insurance Plan equal to or better than that provided by Blue Cross-Blue Shield and rider J 1420 Plan or HMO of New Jersey as provided by the New Jersey Employee Benefits Plan option coverage. In no event will this coverage be changed unless an equivalent or improved plan is obtained by the Township.
Employees hired after 1/1/95 will contribute through payroll deductions for the first five (5) years of employment only, an annual co-pay amount of 10% of the total premium (cost) in accordance with the prior fiscal year annual cost per employee calculated on the I.D.A.,/InterGroup Traditional type plan or, in the case of an HMO, the current fixed billing premium for the type of coverage selected by the employee. The annual co-pay shall cease when the employee has completed five years of service.
The Township agrees to provide for all members covered hereunder a Health Benefit Package in the amount of $4,500.00 to be used for Hospitalization Insurance, Prescription Plan, Eyeglass Plan, Dental Plan and any other insurance coverage as determined by the Township and permitted by I.R.S. in accordance with a "menu" procedures, exclusions, requirements, etc.
The Township agrees to reimburse each employee participating for any unpaid medical bill up to the amount selected under the flex menu. (See #2 non-taxable in Flexible Health Benefits Plan).
Employees may chose, in writing, to opt out of the Township's Health Benefit package in entirety. Any employee choosing to do so shall receive $3,000.00(taxable) per year paid in equal monthly installments with appropriate deductions as required by law. If an employee opts out and then loses other coverage during the year, the employee may reenroll in the Township's plan.
All employees will receive a copy of the Plan Document which will include the "menu" procedures, exclusions, requirements, etc. as soon as the Plan Document is completed.
The Township will reimburse each employee participating in the traditional plan up to $200.00 towards the deductible. (up to $100.00 for single coverage/up to $200.00 for family coverage)
The Township will reimburse an employee on active pay status for the premium cost of the Medicare Plan when the employee or his/her spouse reaches age 65.
Employees retiring from the Township with 25 years of service shall receive health benefits in accordance with the provisions of Article 20.
The Township will permit any employee having more than ten(10) years of service with the Township but less than twenty-five years of service with the Township to continue their Hospitalization Insurance for an indefinite period of time provided the employee pay 100% of the cost of such plan.
ARTICLE 27. MILEAGE The Township agrees to provide transportation to and from training schools as incidental to the employees position. For any schools at any area, the Township agrees to provide members covered under this agreement the daily round trip transportation in the form of a Township vehicle or payment for mileage at the rate of currently applicable IRS rate when such employee must use their own vehicle for same.
ARTICLE 28. EDUCATION Educational courses will be paid for by the employer in the following manner:
Courses required by the employer will be paid for in full by the employer.
Courses made available to an employee covered under this agreement which may permit an employee to pursue special work or training directly related to his employment which will improve competence and capacity in service, but not required, will be paid by the employer at a rate of 100%.
Courses as described in #1 above which require overnight travel, including the cost of transportation to and from the course location, lodging and meals, will be paid for by the employer at a rate of 100%.
Courses as described in #2 above which require overnight travel will be paid for by the employer at a rate of 100%. The cost of travel, lodging and meals may be paid for on an individual basis as permitted by the Director of Public Works.
Courses which may be required as the result of County, State or Federal regulations to insure compliance with such regulations or to insure competence in service due to such regulations shall be paid for at a rate of 100% by the employer including the cost of travel, lodging and meals.
ARTICLE 29. SENIORITY
Seniority is defined as an employees total length of service with the Township of Gloucester, beginning with his original date of hire.
An employee having broken service with the Township, (as distin-guished from a leave of absence), shall not accrue seniority credit for the time when he was not employed by the Township.
If a question arises concerning two or more employees who were hired on the same date, the following shall apply:
If hired prior to the effective date of this Agreement, seniority preference among such employees shall be de-termined by the order in which employees are already shown on the Township's payroll records, first name, first prefer-ence, etc.
For employees hired on the same date subsequent to the date of this Agreement, preference shall be given in alphabetical order.
The Township shall maintain an accurate, up to date, seniority roster showing each employees date of hire, classification, and pay rate and shall furnish copies of same to the representative upon request.
Except where New Jersey Civil Service statutes require otherwise, in cases of promotions, demotions, lay offs, recalls, vacation schedules, and other situation where substantial employee advan-tages are concerned, the employee with the greatest amount of seniority shall be given preference, provided he has the ability to perform the work involved.
A list of vacant positions shall be maintained by the Township indicating the number of positions available. Such positions shall be posted on the Council #10 Bulletin Boards and in the appropriate offices wherein the position is available. A minimum notice of Ten (10) working days before that position is permanently filled is required so that employees may have adequate
time to apply. Provided the employee has the ability to perform the work involved, the position should be filled from within.
ARTICLE 30. PROMOTIONS The Township agrees that promotions shall be made in accordance with Civil Service Rules and Regulations. It further agrees not to discriminate on promotions because of religion, race, creed, politics, gender or age.
An employee who is required to work in a higher paid classification than his own shall be approved for such work and compensation as paid the current incumbent after he has performed said work for the (3) consecu-tive weeks, spending at least 50% of his time on the higher paid job.
The Township agrees to honor all requests for desk audit. Such desk audits shall be in accordance with Civil Service Rules and Regulations.
When an employee is promoted (so as to assume additional duties and responsibilities, or in recognition of the performance of duties beyond those required by his old title) from one class of title to another having a higher salary, then his salary shall be adjusted to increase his base salary by the value of the increment at the 1st anniversary level of his current title, and the new title which he is being promoted to. In no event shall such employee's salary be less than that which he received in his prior title.
Employees undergoing on the job training will not be considered as performing work in a higher paid classification or being promoted. Such on the job training will not exceed twelve (12) consecutive weeks. Any employee undergoing on the job training will be paid at the rate of pay of his own classification.ARTICLE 31. LAY OFF OR DISCHARGE If an employee is laid-off, he is to be paid in accordance with the following schedule:
One (1) to Five (5) years of service - One (1) weeks sever-ance pay.
Six (6) to Ten (10) years of service - Two (2) weeks sever-ance pay.
Eleven (11) to Fifteen (15) years of service - (Three (3) weeks severance pay.
Sixteen (16) or more years of service - Four (4) weeks severance pay.
If an employee is discharged for cause, the Township shall determine whether or not he shall be paid for any earned, accu-mulated vacation time depending upon the circumstances of his dismissal.
ARTICLE 32. SAFETY AND HEALTH The Township shall, at all times, maintain safe and healthful working conditions and will provide employees with any wearing apparel, tools, or devices reasonably necessary in order to insure their safety and health.
In the case of an emergency affecting employees covered by this Agreement, as declared by the local Police Authorities, it shall be the Township's duty to notify all Department Heads, as soon as possible with respect to an appropriate course of action.
ARTICLE 33. CLOTHING ALLOWANCE Effective January 1, 1995, employees covered under this Agreement shall receive township supplied clothing as follows: 5 each shirts(summer) 5 each shirts (winter), 5 each trousers and 1 each jacket. At the option of the employee the Township agrees to clean said uniforms and bear the cost of necessary repairs. Clothing will be annually purchased by the Township during the month of January. In addition, the township will reimburse the employee up to $125.00 per year for safety work shoes.ARTICLE 34 MILITARY LEAVE A. Any employee who is a member of the National Guard or a member of the reserve components of the Armed Forces and who is ordered by the appropriate authorities to attend a training program or perform other duties under the supervision of the United States or this State, shall be granted a leave of absence with pay during the period of such activity. Such duty is not to exceed three (3) weeks.
B. Any employee who is a member of the National Guard or a member of the reserve components of the Armed Forces and who is ordered to active duty shall be granted a leave of absence for the period of such service in accordance with law. In
addition, the Township shall pay a full-time employee, or part-time employee who has been employed by the Township for a least one year, the difference in salary between the employee’s regular rate of pay at the time of deployment to active duty, and the employee’s pay from the government, for a period not to exceed ninety (90) work days in the aggregate in any calendar year.
C. Employees returning from authorized leaves of absence, as set forth herein, will be reinstated to their original classification at the then appropriate rate of pay, with no loss of seniority or other employees rights, privileges or benefits.
ARTICLE 35 JURY DUTY A. Employees shall be given time off without loss of pay when performing Jury Duty.ARTICLE 36. TERMINATION Section 1.
This Agreement shall be effective as of the 1st day of January 1998 and shall remain in full force and effect until the 31st day of December 2001. It shall be automatically renewed from year to year thereafter unless either party shall notify the other in writing one hundred fifty (150) days prior to the anniversary date, that it desires to modify the Agreement. In the event such notice is given, negotiations shall begin not later than one hundred twenty (120) days prior to the anniversary date. This Agreement shall remain in 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 following 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 thirty (30) days prior to the desired termination date, which shall not be before the anniversary date set forth in the preceding paragraph.
Section 3.
Any changes, modifications, or amendments of any one part of this contract shall not cause a change, modification or amendment in any other part unless expressly so stated, and this Agreement shall continue in full force and effect. This writing contains the entire Agreement between the parties and shall not be changed, enlarged, diminished, or modified in any way without express written approval of both parties.
Section 4.
Upon proper notice as stated in Article 33, Section 1, the parties to this Agreement will enter into negotiations for the purpose of changing or modifying this Agreement. In the event that an impasse is reached during those negotiations, either party shall have the right to submit the dispute to mediation. The dispute shall be submitted to mediation pursuant to the rules and regulations of the Public Employees Relations Commission.
ARTICLE 37. LEGAL PROTECTION
Whenever an employee is a defendant in any action or legal proceedings arising out of, or incidental to the performance of his or her duties, the governing body of the Township shall provide said member with necessary means for defense of such action or proceedings. Legal defense shall not be provided for the employee in a disciplinary hearing instituted against the employee by the Township or in a criminal proceeding instituted as a result of a complaint on behalf of the municipality. If any such disciplinary or criminal proceeding instituted by, or on complaint of the Township, shall be dismissed or finally determined in favor of the employee, the employee shall be reimbursed for the expense of their expense.
FOR COUNCIL 10 FOR MANAGEMENT
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APPENDIX A
Public Works Supervisor
2002/03/04/05/06
1. Effective January 1, 2002; the following schedule shall apply to newly hired employees in the titles set forth below:
Supervisor, Public Works
Supervisor, Mechanic
First 6 months in title $20.96
After 6 months in title $21.89
After 1 year in title $22.73
Recreation Supervisor
First 6 months in title $12.85
After 6 months in title 13.38
After 1 year in title 13.85
2. The hiring rates and schedule set forth above shall be increased by the applicable contract increases set forth in Article 14 on January 1, 2003, January 1, 2004, and January 1, 2005, and January 1, 2006..
3. After one year in title, all employees shall be entitled to the contractual increases set forth in Article 14.
APPENDIX B
TOWNSHIP OF GLOUCESTER
COUNCIL "10" (Public Works Supervisors)
HEALTH BENEFIT PACKAGE
FLEXIBLE PLAN MENU
Effective 1/1/02 the Township will provide an option to all employees covered under their Collective Bargaining Agreement for the year 2002 through 2006 to select either plan "A" which is the State Health Benefit Plan, (Blue Cross, Blue Shield, Major Medical or qualifying Health Mainte-nance Plans) the Township's Dental Plan, Eyeglass Plan and Prescription Plan. Plan "A" is the existing plan available currently (1989 and prior years)
Plan "B" will be a Flexible Benefits Plan, which will list a menu of benefits that an employee may choose. The employee will thereby be able to design their own Health Benefit/Other Benefits Package based on a limit of $4,500.00 per year of the individual price tag amounts on the menu. The items in Plan "A" will be included on the Plan "B" menu.
Plan "B" Menu will include non taxable items and taxable items. On taxable items the amount of benefit credit will be charged to the employ-ee's gross earnings as other compensation and full taxes, State and Federal including FICA will be deducted.
If an employee selects a schedule of items that exceeds the $4,500.00 Benefit Credit provided in the Contract, a payroll deduction may be made for the excess, however, this will be limited to 10% of the total Benefit Credit, which on the 02/06 contract will be $450.00 if the item selected exceeds two menu items.
Once a menu is established for a calendar year there cannot be items added to, or items deleted from, the list. Annually Council 10 (White Collar and Public Works Supervisors) representa-tives and the Mayor and Business Administrator will review the menu for revisions.
The menu, in the opinion of the Township, qualifies under Section 89 of the IRS Code effective 12/31/88; however, if any item is determined to be taxable by the IRS, we will have to reclassify the item from the non-taxable to taxable schedule.
TOWNSHIP OF GLOUCESTER
COUNCIL 10
COUNTY & MUNICIPAL EMPLOYEES
HEALTH BENEFIT PACKAGE
OPTION SELECTION 2002
I, _________________________________ , have reviewed the Flexible Health (Name of Employee-Please Print)
Benefits Plan provided to Council 10 employees of the Township of
Gloucester. I understand all elements of the plan and have selected the
checked item(s) as my Health Benefits Package for 2002
ITEM VALUE PER YEAR SELECTED
PLAN "A"
The traditional I.D.A. Municipal
Self Funded Health Benefits Plan $4,500.00 ________
including Major Medical or qualifying
Health Maintenance Plan previously
selected by me.
PLAN "B" ITEMS
A. NON TAXABLE
1. Medical Insurance- I.D.A. 3,200.00 * ________
Municipal Self Funded Health
Benefits Plan including Major
Medical or Health Maintenance
Program approved by State.
2. Township of Gloucester Family 300.00 * ________
Eyeglass Plan OR Prescription Plan
2A. Township of Gloucester Family
Eyeglass Plan and Prescription Plan 600.00* ________
3. Township of Gloucester Family 200.00 * ________
Dental Plan
4. Day Care Cost 1,500.00 ________
$30.00 per week maximum up to
$1,500.00 per year
5. Gloucester Township Employee Legal 250.00 ________
Aid Plan
6. Employee Disability Insurance 150.00 ________
Premium
7. Extended Family Dental Plan 1,200.00 ________
* THESE ITEMS ARE INCLUDED IN THE TRADITIONAL HEALTH BENEFITS PLAN.
ITEM VALUE PER YEAR SELECTED
8. Family Health Aids Equipment & 1,000.00 ________
Supplies, when prescribed by a
licensed physician such as:
A. Abdominal Supports
B. Air Conditioner where
necessary relief from an
allergy or relieving difficulty
in breathing
C. Arch Supports
D. Back Supports
E. Elastic Hosiery
F. Hearing Aids
G. Heating Devices (Medical)
H. Invalid Chair
I. Orthopedic Shoes
J. Special Mattress and Plywood
Bedboard for relief of
arthritis of spine
K. Other Similar Items
B. TAXABLE ITEMS
1. Patent Medicines $100.00 ________
Excluding vitamins, tonics, etc.,
food supplement, cosmetics
2. Domestic Help - recommended by a 1,000.00 ________
doctor because of employees or
spouse's illness. Medical Doctor's
recommendations must be submitted
prior to disbursement of payment.
3. Tuition payments for employee (only) 1,000.00 ________
schooling at a recognized college,
trade or vocational school
4. Gloucester Township Real Property 1,200.00 ________
Taxes on property owned by employee
5. Township of Gloucester Employee's 1,700.00 (max) ________
Copeland Deferred Compensation Plan
5A. Same as #5 - up to $1700. Maximum 1,000.00 (min) ________
6. Life Insurance Policy - 250.00 ________
Provided by Township Approved Plan
6A. Life Insurance Policy -
Provided by Township Approved Plan 500.00 ________
TOTAL VALUE SELECTED $________
I understand that the foregoing selection(s) is for the calendar year 2002 effective 1/1/02. In the case of selecting other than Plan "A" or Item 1 of Plan "B", I certify that I have full medical benefits similar to the State of New Jersey Health Benefit Plan supplied by an Employer of my spouse whose coverage extends to me. I have shown evidence of this cover-age.
DATE: __________________ SIGNATURE: _________________________________
I have seen evidence that the above employee, who selected other than Plan "A" or Item 1 Plan "B", is covered by an employer funded an equal similar Plan offered by the Township.
DATE: __________________ SIGNATURE: _________________________________
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