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COLLECTIVE BARGAINING AGREEMENT
between
THE COUNTY OF BERGEN
and
LOCAL 108, rwdsu, afl-cio
concerning
THE BLUE COLLAR UNIT
AT THE DEPARTMENT OF PARKS, DIVISION OF PARKS AND RECREATION PARKS
January 1, 2016
through
December 31, 2019
Eric M. Bernstein & Associates, L.L.C.
34 Mountain Boulevard, Building A
Warren, New Jersey 07059
Phone: (732) 805-3360
Facsimile: (732) 805-3360
TABLE OF CONTENTSARTICLE AND SUBJECT PAGE
Preamble
1 Recognition of Union and Description
of Bargaining Unit 1
2 Term of Agreement 1
3 Collective Bargaining Procedure 2
4 Management Rights 2
5 Non-Discrimination 2
6 Probationary Period ....2
7 Employee Definitions 3
8 Work Descriptions 4
9 Hours of Work and Overtime Hours 4
10 Payment for Hours Worked 5
11 Annual Rates of Pay and Increases 6
12 Compensatory Time Off……………………………………………………… 7
13 Pay for Temporary Work Assignments 8
14 Vacancies in Job Titles 8
15 Rates of Pay Upon Promotion 9
16 Pay While Disabled 9
17 Longevity Pay .10
18 Seniority 11
19 Layoff and Rehires 11
20 Holidays 12
21 Vacation Leave 13
22 Sick Leave 14
23 Injury Leave 16
24 Personal Leave 17
25 Funeral Leave 18
26 Leaves of Absence 18
27 Medical, Health, Dental and Vision Benefits 21
28 Terminal Leave Benefit 23
29 Pension Benefit 24
30 Personnel File 24
31 Uniform Allowance 24
32 Work Tools……………… ………………………………………………..25
33 Reimbursement for Licensure Fees 25
34 Physical Examinations 25
35 Use of Personal Vehicles 26
36 Contracting Out Work 26
37 Union Security 27
38 Grievance and Arbitration Procedure 27
39 No Strike and No Lockout 29
40 Safety 29
41 Miscellaneous 30
42 Continuation of Contract 30
43 Savings Provision 30
44 Entire Agreement 30
Signature Page 31
Schedule “A” Titles and Pay Grades ………………………………………32
Schedule “B” Minimum and Maximum Annual …………………………...34
Rates of Pay For The Pay Grades
Schedule “C” Employer Dress Code 35
Schedule “D” Employer Policy Concerning Initial Rate of Pay 35
THIS AGREEMENT made on this ____ day of _______________ 2018, by and between the County of Bergen, a body politic of the State of New Jersey, with its principal place of business located at One Bergen County Plaza, Hackensack, New Jersey 07601, hereinafter referred to as the “Employer”, and Local 108, RWDSU, AFL-CIO, with its Office located at 205 Robin Road, Paramus, New Jersey 07652, hereinafter referred to as the “Union”.
WHEREAS, the Union was certified by the New Jersey Public Employment Relations Commission as the majority representative for collective bargaining of the employees in the blue collar bargaining unit as defined herein below at the Employer's Department of Parks, Division of Parks and Recreation; and,
WHEREAS, the Employer and the Union have negotiated the terms and conditions of employment for the employees in the Bargaining Unit and have reached an understanding on all such terms and conditions, and both the Employer and the Union wish to memorialize such understanding in this Agreement.
NOW, THEREFORE, in exchange for the promises, covenants and undertakings contained in this Agreement, the Employer and the Union agree as follows:
ARTICLE I
RECOGNITION OF UNION AND DESCRIPTION OF BARGAINING UNIT
1. The Employer recognizes the Union as the exclusive majority representative for collective bargaining on negotiable terms and conditions of employment for all blue collar full-time and part-time employees as hereinafter defined in Article 7, employed by the Employer in its Department of Parks, Division of Parks and Recreation, but excluding therefrom all other employees including seasonal workers and per diem employees as defined in this Agreement and craft workers, clerical employees, professionals, supervisors, confidential employees, managerial executives, security guards and police, within the meaning of the New Jersey Employer-Employee Relations Act, N.J.S.A. 34:13A-1 et seq., as amended, hereinafter referred to as the "Act".
2. Please find attached hereto, as Schedule “A”, a list of all titles presently within the Bargaining Unit and covered by this Agreement. If during the term of the Agreement, employees are assigned titles which are not listed on Schedule “A”, but are within the scope of the Bargaining Unit, then such titles shall be deemed added to Schedule “A”.
ARTICLE 2
TERM OF AGREEMENT
1. This Agreement shall be in effect from January 1, 2016 through December 31, 2019.
2. The Agreement shall remain in effect until a successor Agreement is signed.
ARTICLE 3
COLLECTIVE BARGAINING PROCEDURE
1. Collective bargaining for the term beginning January 1, 2020 shall commence on or about September 15, 2019.
2. Bargaining shall be conducted by the duly authorized agents of the parties.
ARTICLE 4
MANAGEMENT RIGHTS
1. Except as otherwise provided herein, nothing contained in this Agreement shall abrogate the inherent managerial rights of a Public Employer as defined by the New Jersey Employer-Employee Relations Act ("Act") or prevent the Employer from carrying out the duties and responsibilities conferred upon the Employer by the laws of the State of New Jersey in the most efficient and economical manner, nor except as otherwise provided herein, shall this Agreement be construed as preventing the Public Employer from carrying out the customary functions of an employer, including but not limited to the following rights: to hire, promote, discipline, suspend or fire, to direct the work force and schedule hours of work, to plan, control and direct the operations of the Employer, to discontinue operations or reorganize operations, and in connection herewith, to reduce the number of employees, introduce new methods, equipment or procedures, whether or not the number of employees is reduced, and to introduce work rules which are not inconsistent with the terms of this Agreement. Any and all rights, obligations and issues not specifically expressed within this Agreement shall remain the sole and exclusive purview of the County of Bergen.
2. The exercise of the Employer’s rights are subject to both the laws of the State of New Jersey and the provisions of this Agreement.
ARTICLE 5
NON-DISCRIMINATION
Neither the Employer nor the Union shall discriminate against employees because of race, color, creed, national origin, age, religion or sex and neither shall discriminate against, interfere with or coerce employees regarding membership or non-membership in the Union.
ARTICLE 6
PROBATIONARY PERIOD
1. Employees shall be probationary employees until they have successfully completed ninety (90) days of Regular Appointment, hereinafter referred to as the "working test period."
2. Probationary employees shall have only such right to grieve as is provided by the Rules of the New Jersey Civil Service Commission. The applicable rules are incorporated by reference into this Agreement.
3. The Employer reserves the right to discharge, suspend or otherwise discipline probationary employees and such employees have no contractual right to grieve concerning any term or condition of employment except as in Paragraph No. 2 above.
4. The performance of probationary employees shall be reviewed during the first (1st), second (2nd) and third (3rd) month of work pursuant to the Rules of the New Jersey Civil Service Commission.
ARTICLE 7
EMPLOYEE DEFINITIONS
1. A "Full Time employee" is defined as an employee regularly scheduled to work forty (40) hours in a work week on an annual basis.
2. A "part-time employee" is defined as an employee regularly scheduled to work at least twenty (20) hours, but less than forty (40) hours in a work week on an annual basis. Effective January 1, 2018, all new employees or existing County employees transferred into this bargaining unit must be regularly scheduled to work at least thirty (30) hours per week to be defined as a “part-time employee”.
3. A "permanent employee" is hereby defined as an employee who has successfully completed a working test period and has been appointed to a title pursuant to the Rules of the New Jersey Civil Service Commission.
4. A "seasonal employee" is hereby defined as an employee hired for a fixed period, who may work up to forty (40) hours in a work week.
5. A "per diem employee" is defined as an employee who is regularly scheduled to work less than twenty (20) hours in a work week on an annual basis. Effective January 1, 2018, all new employees or existing County employees transferred into this bargaining unit must be regularly scheduled to work less than thirty (30) hours in a work week to be defined as a “per diem employee”.
6. (a) Full-time employees shall receive full benefits provided by the Agreement.
(b) Part-time employees shall receive such health benefits, holidays, vacation leave, sick leave, personal leave, funeral leave, terminal leave and longevity pay as may be provided by this Agreement.
(c) Seasonal employees and per diem employees shall not receive health benefits, holidays, vacation leave; sick leave, personal leave, funeral leave, terminal leave or longevity pay, disability pay or tuition benefits.
7. The Employer may continue to use volunteer help on the same basis as volunteers were previously utilized.
8. The Employer shall not use seasonal employees, per diem employees, volunteers or community service personnel for the purpose of depriving full-time or part-time employees of their regular hours of work, reducing the number of permanent employees.
ARTICLE 8
WORK DESCRIPTIONS
Work descriptions, as defined by the New Jersey Civil Service Commission, for each of the titles set forth on Schedule "A" are incorporated by reference into this Agreement. The Union acknowledges receipt of a copy of the descriptions.
ARTICLE 9
HOURS OF WORK AND OVERTIME HOURS
1. The work week shall begin at 12:00 A.M. (midnight) on Sunday and shall end on the next following Sunday at 12:00 A.M. (midnight).
2. The work day shall begin at 12:00 A.M. (midnight) and shall end on the next following day at 12:00 A.M. (midnight).
3. Except as otherwise provided herein below, full-time employees shall be regularly scheduled to work eight (8) hours on five (5) days for a total of forty (40) hours a work week.
4. Part-time permanent employees shall be regularly scheduled to work at least twenty (20) hours in a work week.
5. Employees assigned to the Construction Division shall work five (5) consecutive days Monday through Friday. The phrase “Monday through Friday” shall not apply to employees hired on or after January 1, 2009.
6. Employees assigned to the Maintenance and Engineering Divisions shall work five (5) consecutive days Monday through Friday. The phrase “Monday through Friday” shall not apply to employees hired on or after January 1, 2009.
7. Employees assigned to work at golf courses shall work Monday through Friday. The starting and ending hours of work shall be scheduled by the Employer in accordance with the needs of the facility. The phrase “Monday through Friday” shall not apply to employees hired on or after January 1, 2009
8. Park Attendants and employees assigned to work at the Zoo and wildlife centers shall be scheduled to work Sunday through Saturday.
9. The starting and ending hours of work shall be scheduled by the Employer according to the needs of the facility consistent with the past practice of the Employer.
10. The Employer shall post a schedule of regular hours of work and days of work for all employees for each fourteen (14) day period. The schedule shall be posted at least thirty (30) days in advance of the work period. The schedule shall provide for two (2) consecutive days off in each work week for all employees in the bargaining unit except for park attendants. Such employees shall receive two (2) days off, but such days need not be consecutive.
11. If the Employer wishes to change the schedule described in Section 10, then the Employer shall give the employees and the Union thirty (30) days notice before the change is made.
12. The notice described in Session 11 need not be given in emergency situations, including such situations caused by weather conditions.
13. The Employer shall schedule an unpaid one-half (½) hour "lunch break" for the employees at approximately the mid-point in their work day.
14. The Employer shall schedule two (2) fifteen (15) minute paid rest periods during the work day. The breaks in this Section shall not be added to a meal break to extend same or used to cover for a tardiness or allow an employee to leave work early and shall only exist as long as bargaining unit members receive an unpaid one-half (1/2) hour lunch.
15. The Employer shall allow a reasonable period of time for employees to wash up prior to the end of the work day.
16. Employees who are unable to report to work shall notify their Department Head or a designee no later than one (1) hour before their regular starting time.
17. Employees who are absent from work without notice for more than five (5) consecutive days shall be deemed to have resigned "not in good standing", pursuant to the Rules of the New Jersey Civil Service Commission.
18. Employees shall work overtime as needed. The Employer shall try to give the employees prior notice of the overtime work. For good cause, the Employer may excuse employees from working overtime.
19. Overtime shall be assigned by the Department Head or a designee on a rotating basis according to the title appropriate for the work to be performed. An overtime list shall be maintained by the Employer which shall include the names of employees and titles, in order of their seniority, as defined in Article 19. When overtime work is required, it shall be first offered to the employee whose name appears first on the job title list appropriate for the overtime work. After each such offer, the name of the employee shall then be placed at the bottom of the overtime list. The next opportunity for overtime shall be offered to the next employee on the list appropriate for the overtime work. After such offer, the name shall be placed at the bottom of the list. The procedure shall be repeated as work is offered.
20. All staff hired on or after January 1, 2000 will be considered as continuous operation employees and may be scheduled from Sunday through Saturday. (All other existent employees shall retain the schedule allowances/language shown in the prior Labor Agreement).
ARTICLE 10
PAYMENT FOR HOURS WORKED
1. For the first forty (40) hours of work in each work week, employees shall be paid at their hourly rate of pay as defined in Article 11.
2. For hours of work in excess of forty (40) hours in a work week, which have been authorized by the Department Head or a designee, employees shall be paid at the rate of one and one-half (1 1/2) times their hourly rate for the hours worked over forty (40) hours in a week. All overtime hours shall be entered on the weekly time sheets maintained by the Employer.
3. Paid sick leave and compensatory time shall not count as hours worked when calculating overtime pursuant to the Fair Labor Standards Act. (“FLSA”) Vacation leave, personal leave and holiday leave shall count as hours worked when calculating overtime pursuant to the FLSA.
4. Full-time employees who are required to work eight (8) hours on a holiday shall be paid at the rate of time one and one-half (1 1/2) their hourly rate of pay for the hours worked. No compensatory time off may be taken for hours worked on holidays. This compensation is in addition to the pay provided for by Article 21, Paragraph 2.
5. Employees who are called back to work on the same day after the end of their regularly scheduled hours of work shall be paid the greater of either a minimum of four (4) hours at time and one-half (1 1/2) their hourly rate of pay, or the actual amount of hours worked at time and one-half (1 1/2) such hourly rate. This Paragraph does not apply to employees required to work overtime at the end of their regular work day.
6. Employees who are called in to work at a time prior to their regular starting time shall be paid the greater of either a minimum of four (4) hours at time and one half (1½) their hourly - rate of pay or the actual amount of hours worked at time and one-half (1½) for such hours worked prior to the regular starting time.
7. If the Department Head or a designee declares a snow emergency, then employees required to work overtime shall be given $1.25 per hour of overtime work as a meal allowance.
ARTICLE 11
ANNUAL RATES OF PAY AND INCREASES THERETO
1. Each title within the bargaining unit shall have a pay grade and a minimum and maximum annual rate of pay as set forth on Schedule "B" attached hereto. If the Employer introduces new titles within the bargaining unit, then pay grades and minimum and maximum annual rates of pay for such titles shall be negotiated with the Union.
2. Employees shall be paid not less than the minimum.
3. The term "hourly rate" of pay is defined as the employee's annual rate of pay divided by two thousand eighty (2,080) plus longevity pay, if any.
4. Employees shall be paid by check issued one time in every fourteen (14) day period.
5. The term "date of hire" is defined as the first day on which an employee worked.
6 A. Retroactive to January 1, 2016, and as amended below, all bargaining unit members shall receive an increase in their base salary only as follows:
(1) Any employee who is covered by this bargaining unit shall receive a one point ninety five (1.95%) percent increase in their base pay that they were receiving as of January 1, 2016.
(2) There shall be no recalculation of any economic issues that would be affected by the salary increases set forth above (i.e. healthcare contributions, overtime, etc.). Pension contributions are the only exception.
(3) In order to be eligible to receive the provisions of §6(A)(1) above, bargaining unit members must have been on the active payroll in 2016 and on the active payroll as of February 17, 2017. However, any bargaining unit member who was on the active payroll during calendar year 2016 and who left the County’s employ voluntarily in 2016 shall be eligible for a pro-rata share of the provisions of §6(a) above for the pro-rata period of January 1, 2016 through their voluntary departure date.
(4) (a) Any employee who is covered by this bargaining unit shall receive a one point ninety five (1.95%) percent increase in their base pay that they would receive as of January 1, 2017.
(b) In order to be eligible to receive the provisions of §6(A)(4)(a) above, bargaining unit members must have been on the active payroll continuously through the period of January 1, 2017 through execution of this MOA by the Union; otherwise, they will receive no additional pay.
(5) Any employee who is covered by this bargaining unit shall receive a one point ninety (1.90%) increase in their base pay as of January 1, 2018.
(6) Any employee who is covered by this bargaining unit shall receive a one point eighty (1.80%) percent increase in their base pay as of January 1, 2019.
B. Effective September 1, 2017, the minimum salary for all forty (40) hour employees only will be $31,200.00. Any forty (40) hour employee making less than $31,200.00 on August 31, 2017 will have their pay changed to reflect a paycheck based on a gross $31,200.00 base pay for the full payroll periods going forward after September 1, 2017.
7. Anything to the contrary in this Article notwithstanding, no employee shall receive a salary increase before the first anniversary of his/her date of hire. On the first anniversary of his/her date of hire, he/she shall receive a salary increase of the same amount or percentage (as the case may be) as received by the unit at large the preceding January 1st or July 1st if hired after July 1. After new employees have received their first salary increase on the first anniversary of their date of hire, they shall receive an increase in accordance with Paragraph A.
8. All salary increases to base wages are exclusive of longevity payments.
ARTICLE 12
COMPENSATORY TIME OFF
1. Subject to the limitations of paragraph 2, 3, 4 and 5, herein below, employees may choose to take time off, hereinafter "CTO", instead of payment for overtime hours worked.
2. Overtime hours worked may be credited to employees' CTO account to the extent permitted by applicable Federal law, "the Fair Labor Standards Act".
3. Use of CTO hours shall be scheduled at the discretion of the Department Head or designee.
4. All compensatory time off accrued in any one calendar year must be taken by March 31 of the succeeding year.
5. If the overtime hours would be paid at the hourly rate of pay, the CTO shall be earned at such rate. If the overtime hours would be paid at one and one-half (1 1/2) times the hourly rate, then CTO shall be earned at such rate.
6. No compensatory time off shall be taken for hours worked on holidays.
7. The Department Head shall notify the Union of the amount of money budgeted for overtime pay. When such amount is used up, then employees may not choose a cash payment and shall receive "CTO."
8. Compensatory time for employees who work forty (40) hours per week shall be capped at forty (40) hours at any one time. Compensatory time for employees who work thirty-five (35) hours per week shall be capped at thirty-five (35) hours at any one time. It is understood that employees may replenish this compensatory time bank throughout the year.
ARTICLE 13
PAY FOR TEMPORARY WORK ASSIGNMENTS
1. Employees who are expressly assigned by a Department Head for a temporary period to perform the work of a title with a pay grade higher than the pay grade of their regular title they shall be paid for performance of such work in the following manner:
Effective on the fifth (5th) day of such performance and then retroactive to the first (1st) day, such employees shall be paid the greater of either the minimum annual rate of pay for the higher pay grade or their rate of pay prior to such assignment plus five (5%) percent.
2. The Employer shall not interchange the employees temporarily performing the work of a title with a higher pay grade for the purpose of avoiding payment pursuant to this Paragraph.
3. The Employer reserves the right to use supervisory personnel to fill temporary vacancies.
4. If employees so assigned, do the work of a title with a higher pay grade for a period in excess of four (4) consecutive months, they shall be forthwith appointed by the Employer to the higher titles and shall be paid accordingly on condition that such appointment may be made pursuant to the Rules of the New Jersey Civil Service Commission.
ARTCLE 14
VACANCIES IN JOB TITLES
1. It is the Employer's policy to publish notice of vacancies in title within the bargaining unit and promotional opportunities within the classified service.
2. The Employer shall give written notice of such vacancies and promotional opportunities by posting notice of same for at least fourteen (14) calendar days and by mailing a copy to the Union. The notice shall include the title, pay grade and minimum and maximum annual rates of pay and the Civil Service Commission prerequisites for appointment.
3. Vacancies, whether entry level or promotional, shall be filled in accordance with the New Jersey Civil Service Commission. The Employer shall determine whether or not to fill vacancies. ARTICLE 15
RATES OF PAY UPON PROMOTION
1. Employees who are promoted to titles with higher pay grades as set forth on Schedule "A" shall be paid their annual rate of pay prior to promotion plus seven (7%) percent. Any employee demoted from a promotional opportunity obtained on or after January 1, 2004 shall receive a seven (7%) percent decrease in their base salary.
2. If the Employer decides to pay promotional increases greater than the increase provided above, it shall notify the Union prior to the effective date of the increase.
3. Any employee demoted on or after January 1, 2004 from any promotional position shall receive a reduction in pay as follows:
a. The dollar increase attached to the promotion increase by the percentage (%) raise per year received between the promotion and the demotion, which shall be the amount of base salary to be reduced, OR,
b. Seven (7%) percent decrease in the employee’s existing base salary prior to demotion, whichever is greater.
ARTICLE 16
PAY WHILE DISABLED
1. The Employer shall provide full time and part time employees with a disability insurance benefit program during the term of this Agreement, sponsored by John Hancock Life Insurance Company, subject to the condition in Paragraphs 2, 3, 4, 5 and 6 below. The Employer shall pay the full premium for the benefit.
2. The benefits provided shall be that provided by the Employer during the previous year and shall include a benefit of seventy (70%) percent of the individual employee's pay, to a maximum benefit of $150.00 per week.
3. The waiting period before the payment of the benefit begins is thirty (30) days.
4. The maximum period for payment of the benefits is fifty-two (52) weeks.
5. Employees eligible for the benefit, who have accrued sick leave may choose to receive the benefit and to be paid for such sick leave so that the total of the benefit and sick leave pay will equal their regular bi-weekly pay.
6. The Employer reserves the right to self-insure, or to substitute another insurance company to provide the above benefit or to provide equal or greater benefits. However, no change shall be effective until agreed upon by both parties.
7. Effective July 1, 2004, the Employer will offer the Employees the right to purchase up the state minimum through payroll deduction at the Employees’ cost.
ARTICLE 17
LONGEVITY PAY
1. Full-time employees who have completed consecutive unbroken years of full time employment with the Employer shall receive longevity pay as follows:
1/1/16 – 12/31/19
After completion of six (6) years $300.00
After completion of nine (9) years $600.00
After completion of fourteen (14) years $1,000.00
After completion of seventeen (17) years $1,250.00
After completion of twenty three (23) years $1,500.00
Effective January 1, 2015, any employee hired prior to January 1, 2012 and who meets the qualifications below will be entitled to the following longevity amounts:
After completion of twenty-six (26) years $1,850.00
After completion of thirty (30) years $2,200.00
2. Part time employees who have completed consecutive unbroken years of such employment, as set forth above, shall receive fifty (50%) percent of the longevity pay.
3. Seasonal employees and per diem employees shall not receive longevity pay.
4. Longevity payments shall be made in twenty six (26) equal payments in each year of the term of the Agreement commencing in the first pay period and such payment shall be included as a part of the annual rate of pay and the hourly rate of pay.
5. Employment shall be deemed broken when the Employer is no longer paying the employee or no longer paying premiums for the employee's coverage in the County Health Benefits Plan or any plan substituted therefore.
6. No employee hired on or after January 1, 2008 shall be entitled to longevity, assuming all other conditions are met, until they have served one hundred sixty eight (168) months within the County. Employees must also work at least forty (40) hours a week to be eligible.
7. No employee hired on or after January 1, 2012 shall be entitled to longevity.
ARTICLE 18
SENIORITY
1. Seniority is defined as a period of continuous employment as measured from the employee's date of hire with the Employer. The employee with the earliest date of hire shall have the greatest seniority.
2. Seniority shall also be measured by the period of continuous assignment at particular parks or other facilities. The employee with the longest continuous assignment at a park or other facility shall have the greatest seniority therein.
3. If employees are transferred involuntarily to a park or other facility, then the seniority which accrued at the park or other facility from which they were transferred shall be deemed to have accrued at the park or facility to which they were transferred.
4. If seniority cannot be determined pursuant to Paragraphs No. 2 and 3 above, then it shall be determined pursuant to Paragraph No. 1 above.
5. The Employer shall recognize seniority as defined in Paragraphs 1 and 2 above as a factor when determining job assignments and scheduling vacations. Other factors for consideration of job assignments shall be the ability to perform the work, work experience and relevant information in the employee's personnel file.
6. The Employer shall prepare a seniority list and deliver it to the Union during the month of January of each year. The list shall set forth the names of all employees in the bargaining unit, their dates of hire and the dates of appointment to their permanent titles and any provisional titles which they may hold.
7. Benefits based upon the number of years of employment shall be measured from the date of permanent hire by the Employer.
8. Promotions, demotions, layoffs and rehires shall be made in accordance with the rules of the New Jersey Civil Service Commission and seniority as defined in this Article shall have no application thereto.
ARTICLE 19
LAYOFFS AND REHIRES
1. If the Employer decides to layoff or to rehire employees, then the same shall be done in accordance with the Rules of the New Jersey Civil Service Commission.
2. A copy of all layoff and rehire notices shall simultaneously be sent to the Union.
ARTICLE 20
HOLIDAYS
1. The Employer recognizes the following holidays: New Year's Day, Martin Luther King Day (the third (3rd) Monday in January), President's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Columbus Day, Election Day, Veteran's Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day and the Employee’s Birthday.
2. Full-time employees shall be paid whether or not they are scheduled to work on such holidays.
3. Part-time employees shall be paid for one-half (½) of the holidays, whether or not they are scheduled to work on such holidays.
4. Seasonal and per diem employees shall not be paid for holidays unless they work on the holidays.
5. Holidays which fall on Sundays will be observed on the next Monday, and holidays which fall on Saturdays will be observed on the preceding Fridays, except where the employee does not work a Monday through Friday schedule, then the holiday will be the actual day of the holiday.
6. If holidays fall during vacation leave, then additional vacation days may be scheduled by the Employer.
7. If holidays fall during a period of paid absence (sick leave, terminal leave, jury duty leave, compensatory time off, vacation leave and funeral leave), then employees on such leave shall be paid for such holidays.
8. If holidays fall during the period of unpaid leave of absence, employees will not be paid for such holidays.
9. The Department Head, for good cause, may disallow holiday pay for employees who do not work the scheduled day before or the scheduled day following a holiday.
10. Full-time employees who work on a holiday shall be paid time and one-half (1-1/2) their hourly rate of pay for all hours worked. In addition, they shall be paid as provided for in Paragraph No. 2 above.
11. A. Effective January 1, 2015, Employees shall have their Birthdays off, except that the Employee shall not be eligible for holiday pay if they work their Birthday under any circumstances.
B. If an Employee’s Birthday falls on a Saturday or Sunday, the Saturday Birthday will be celebrated on Friday and the Sunday Birthday will celebrated on a Monday. Birthday celebrations for Monday and Fridays must be taken on that Monday or Friday unless the employee is not scheduled to be working on that day, then the very next work day shall apply.
C. If a holiday falls on the Employee’s day off, he/she should receive the day before off. Employees whose birthday falls during their vacation shall receive the day off following the vacation period.
D. Otherwise, the Employee’s Birthday will be celebrated on the actual day in question, unless more than five (5%) percent of the Employee’s division have the same birthday, then the Employee(s) will take their birthday during the week the birthday occurs.
ARTICLE 21
VACATION LEAVE
1. Full-time employees shall be entitled to the following vacation leave:
a. For all employees hired on or after January 1, 2012, one and one fourth (1¼) days per month for a total of fifteen (15) days per year. Such new employees shall be entitled to earn a total of twenty (20) days per year after ten (10) years of employment with the County.
b. No employee may borrow against any unearned vacation leave.
2. Part-time employees shall be entitled to one-half (½) of the vacation leave of full-time employees.
3. Seasonal employees and per diem employees are not entitled to vacation leave.
4. After employees have completed their first six (6) months of employment, they may ask to take the balance of their vacation leave for the year ending December 3lst.
5. If employees are terminated prior to repayment of advanced vacation leave, then salary adjustments as may be necessary shall be made to the employee's final paycheck to recover the value of the advanced vacation leave.
6. Vacation leave earned during one calendar year may be carried over and used during the following calendar year only with written County approval and for business necessity only. Employees will be permitted to carry over five (5) vacation days into the following calendar year, which must be utilized by March 31st. except upon termination of employment, employees will not be paid instead of receiving vacation leave. This last sentence shall not apply to employees hired on or after January 1, 2008 and existing employees may only be paid up to one (1) year of unused vacation leave.
7. If an employee resigns with the proper notice, defined as no less than fourteen (14) days prior written notice (or retire), he/she shall be paid for earned and unused vacation leave accrued to the effective date of termination. However, employees shall not be paid for more than two (2) years of unused vacation leave.
8. If an employee dies while employed, then a sum of money equal to the value of the earned and unused vacation leave shall be paid to their estates.
9. Employees on vacation leave shall be paid at the same rate they would have earned while working their regularly scheduled hours.
10. Employees on leave of absence without pay for more than two (2) weeks (10 working days) in any month shall not earn vacation leave during such month.
11. Employees on vacation leave or sick leave shall continue to accrue vacation leave.
12. If recognized holidays occur during vacation leave, then the holidays shall not be charged against vacation leave and additional vacation days shall be scheduled by the Department Head or a designee.
13. Vacations shall be scheduled by the Department Head or a designee. Employees with sufficient accrued leave shall be scheduled for at least a one (1) seven (7) continuous day vacation period during the months of June 1 through August 31, if requested. Preference for vacation leave shall be given to the employee with the greater seniority. All requests for vacation leave must be approved by the Department Head or a designee. Except for the provisions of the second (2nd) sentence hereinabove, vacation leave may be scheduled in other than the summer months when the needs of the Department require.
14. All requests for vacation leave of one (1) day must be made upon no less than three (3) working days prior notice to the Department Head or a designee and all requests for vacation leave of two (2) or more days must be made upon ten (10) working days prior notice to the Department Head or a designee.
15. Upon request, employees shall receive their pay for the period of vacation leave prior to their commencing vacation, provided that they have earned and accrued such vacation leave, and provided that at least a five (5) day vacation is to be taken and the employee has notified the Department Head or a designee at least thirty (30) days prior to the commencement of the vacation.
ARTICLE 22
SICK LEAVE
1. (a) Sick leave is defined as paid leave for employees identified in paragraphs No. 8 and 9 due to their personal illness or an accident which is not job related, or a disability which prevents them from performing their usual work.
(b) Sick leave may also be granted for a serious illness of a member of the employee's immediate family or household as defined in Article 26 requiring the employee's attention and care. The circumstances of the illness should be of an emergent nature where the employees are required to be in direct attendance for a period not to exceed three (3) working days/year.
2. Employees who are unable to work due to illness (or other reason) shall give notice to the Department Head or a designee. The Employer will provide a telephone number for the employees to call and give notice. Notice is defined to mean telephone notice to the Department Head or a designee one (1) hour before the employee's scheduled starting time. Failure to give notification may result in disapproval of a request for sick leave and the absence may be considered an unscheduled absence without pay.
3. Upon receipt of such notice and the cause of such notice and the cause of absence, the Department Head or designee shall inform the employee whether the Employer shall continue to be notified on a daily basis or whether a less frequent notice is acceptable to the Employer.
4. When the period of absence for sick leave is five (5) days or more, then a doctor's certificate shall be submitted if the same is requested by the Department Head or a designee. Such request shall be made at a time reasonably proximate to the period of absence.
5. When the period of absence for sick leave is for less than five (5) days, the Department Head may conduct an inquiry into the sick leave request or require the employee to be examined by a physician at the Employer's selection and cost. Shall examination shall be at a time reasonably proximate to the period of absence.
6. Sick leave shall not accrue during a leave of absence without pay or suspension or after an employee has resigned or retired and the retention of the employee's name on the payroll until exhaustion or other compensatory leave, shall not entitle the employee to accrue additional sick leave.
7. Earned, but unused sick leave shall accrue from year to year without limitation.
8. Full-time employees shall earn sick leave as follows:
(a) One (1) working day for each full month of employment from the date of hire until the end of the first calendar year of employment.
(b) Thereafter at the beginning of each calendar year, fifteen (15) working days (1 ¼ days per month) in anticipation of continued employment.
(c) Employees who begin work after the eighth (8th) day of the initial month of hire shall not earn sick leave for that month.
9. Part-time employees shall earn one-half (1/2) the sick leave of full-time employees.
10. Seasonal or per diem employees are not eligible for sick leave.
11. Accrued sick leave shall be forfeited upon separation from employment, except as provided by Article 29 "Terminal Leave Benefit".
12. Effective 2004, the County will have a sick leave buy-back program as follows:
To be eligible, the employee must have at least thirty (30) sick leave days on the books as of October 31st of each year.
The employee may sell buy back up to five (5) days per year.
The employee must notify the County of his/her willingness to sell back days at the amount of sell back as of November 15th of each year.
The rate at which the days will be paid is at the yearly rate in the year in which sell-back notification occurs.
The County will pay the sick leave buy back amount by the first (1st) pay period in February of the next year.
The provisions of this Section shall not apply to any employee hired after January 1, 2012.
ARTICLE 23
INJURY LEAVE
1. Injury leave, as distinguished from sick leave, is defined as paid leave approved by the Employer for absence from work caused by an accident, illness or injury, which occurred while working and which is compensable under the statutes of the State of New Jersey which govern Workers Compensation or any policy of workers compensation insurance maintained by the Employer and applicable to the said employees. The applicable provisions of the New Jersey Workers Compensation Act are incorporated by reference.
2. Claims made in connection with injury leave are subject to the same rules and regulations as Workers Compensation Insurance and payment shall not be made if the accident is proved to have been due to intoxication or willful misconduct by employees or employee negligence.
3. Employees absent from work due to an accident, illness or injury covered by Workers Compensation Insurance who willfully fail to fulfill all of the conditions necessary to receive Workers Compensation Benefits, shall not be entitled to payment of any injury leave benefits from the Employer until such conditions are fulfilled.
4. Employees absent from work due to accident, illness or injury-compensable under the
Workers Compensation statutes or any policy of Workers Compensation insurance applicable to the said employees and who have completed three (3) months of work with the Employer shall be compensated by the Employer on a bi-weekly basis at their regular hourly rates of pay plus longevity pay for a period not in excess of thirty (30) calendar days for each new and separate injury.
5. Payment shall be by checks issued by the Employer in the full amount of the employee's pay for regularly scheduled hours. Employees who receive compensation checks for temporary disability due to injury during the aforesaid thirty (30) day period shall then endorse such checks over to the Employer. Subject to it being permitted to do so by applicable Federal and State law or regulation, the Employer shall record that portion of the salary checks equal to the amount of the compensation checks covering partial disability as not being income to the employee for income tax purposes and the W-2 or similar forms sent to the employees at the conclusion of each year shall not show such payments as income.
6. Checks shall be issued by the Employer in amounts equal to the difference between pay for regularly scheduled hours and the amount of partial disability Workers Compensation Insurance payments received by the employees during the aforesaid thirty (30) day period.
7. If eligibility for such payments is contested by the Employer, then entitlement to payment shall be based on the determination of the New Jersey Division of Workers Compensation under the terms of the "Act".
8. If the Employer is contesting the entitlement for injury leave, an absence from work may be changed to accrued sick leave if any.
9. If the Workers Compensation Division determines an entitlement of an employee, then sick leave so charged shall be re-credited to the employee.
10. If entitlement to the benefits is denied by the Workers Compensation Division, then employees may utilize sick leave and vacation leave, if any, retroactive to the date of injury.
11. The Employer, at its expense, may require employees to furnish medical proof or submit to medical examination by a physician chosen by the Employer to determine whether an injury is a new or separate injury or is an aggravation of a former injury received while working for the Employer.
12. Employees who suffer an injury while working and who are absent for five (5) days or more shall be required to submit a written certification from a physician setting forth the nature of the injury and the physician's prognosis as to the length of time before the employee can return to work. Additional reports shall be received from the physician every two (2) weeks thereafter, indicating the current status of the employee's medical condition and the date of the employee's anticipated return to work. In the absence of such certification, the employee shall be removed from injury leave.
13. After all injury leave is used and upon application, employees may be granted additional injury leave at the discretion of the Bergen County Executive. Decisions of the County Executive on such applications are not subject to the grievance procedure. After all injury leave is used, employees may elect to use any sick leave, vacation leave or compensatory time accrued at the time of the injury.
14. Each separate injury requires at least a one hundred twenty (120) day period between injuries whether it is a new injury or a reoccurrence of an old injury.ARTICLE 24
PERSONAL DAYS
1. Personal days are hereby defined as absences from work for the purpose of conducting an employee's personal business.
2. Full-time employees may take three (3) paid personal days during each year, except as noted below.
3. Part-time employees may take a pro-rata portion of the personal days of full-time employees, except as noted below.
4. Personal days shall not be accrued from year to year.
5. Seasonal and per diem employees are not entitled to any personal days.
6. The Department Head shall be notified by employees at least twenty-four (24) hours in advance of their intention to use personal days and except in emergencies, prior approval of the Department Head must be obtained before personal days may be taken.
7. Effective January 1, 2004, an employee subsequently employed must be employed by the County at least six (6) months before being allowed to use personal days.
8. Irrespective of the provisions of this Article above, employees hired after January 1, 2012 shall receive personal days as follows:
One (1) day for the first (1st) calendar year of employment after the employee has completed six (6) months of same;
Two (2) days per year from the second (2nd) calendar year through the fifth (5th) calendar year of employment; and,
Three (3) days per year after the fifth (5th) calendar year of employment.
If an employee is hired before July 1st of any year, he/she shall be entitled to two (2) personal days, effective the January 1st following his/her initial employment.
For part-time employees, a personal leave day is calculated on the basis of one-tenth (1/10th) of his/her bi-weekly hours.
ARTICLE 25
FUNERAL LEAVE
1. If an immediate family member, as defined in Paragraph No. 2 below dies, then full-time employees shall be entitled to up to four (4) working days leave with pay to attend or make arrangements for the funeral of a member of their immediate family. Part-time employees shall be entitled to one-half (1/2) of such leave (up to two (2) days). One of the days shall either be the day of death or the day of funeral, whichever the employee chooses.
2. Immediate family is defined as spouse, son, daughter, mother, father, brother, sister, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparents, grandchildren, and any other employee relative residing in the same residence as the employee at the time of demise.
3. Proof of death of the family member shall be provided to the Employer upon request of the Department Head within thirty (30) days of the period of leave.
4. Effective January 1, 2005, add aunt, uncle and domiciled partner to a list of bereavement eligible persons which shall be for the day of the funeral only. Domiciled partner is defined as the designated beneficiary as the Employee insurance plan under PERS.
ARTICLE 26
LEAVES OF ABSENCE
1. Personal Leave Without Pay: Upon application, permanent employees, for reasons satisfactory to the Employer and at the Employer's discretion, may be granted a personal leave of absence without pay and without accruing credit for any other benefits for time absent for a period of up to six (6) months. Such leave will run concurrently with any available leave pursuant to the Family and Medical Leave Act (“FMLA”) and/or the New Jersey Family Leave Act (“NJFLA”)
(a) A personal leave of absence shall not be granted for the purpose of employees seeking or accepting employment with any other employer.
(b) Personal leaves of absence, if granted, shall be with the understanding that employees intend to return to work. If employees fail to return within five (5) working days after the expiration of the leave of absence, then the Employer may deem such employees to have resigned in accordance with applicable Rules of the Civil Service Commission.
(c) Employees on personal leave without pay for more than two (2) weeks in any month will not receive paid health benefits, holiday pay, nor shall they accrue sick days and vacation leave.
2. Family Leave:
(a) Employees shall be entitled to the benefits of the "Family Leave Act", L. 1989, C. 261.
(b) If the Employer adopts policies pursuant to the Act, then the Union shall be notified of the same within ten (10) days of the adoption and the same is incorporated herein by reference effective thirty (30) days after the adoption.
3. Military Leave in Time of War or Emergency or Training pursuant to the Selective Service System:
- Upon application, employees in the career or unclassified service who enter the military service in time of war or emergency or for any period of training or pursuant to any selective service system shall be entitled to a leave of absence without pay for a period of such service and three (3) months after their discharge. However, if incapacitated by wound or illness at the time of discharge, such leave shall be extended until three (3) months from recovery, but in no event more than two (2) years from the date of discharge.
- During such leave employees shall continue to accrue seniority and salary increments, if applicable, in their titles. Permanent employees shall be granted a leave of absence with pay at their hourly rate plus longevity, if applicable, for the first two (2) weeks of the military leave described in Paragraph 3 herein.
- No entitlements under Paragraph 3 herein shall be granted if the separation from military service is by a dishonorable discharge.
- Re-employment rights pursuant to Federal Law, 43 U.S.C. Section 2021, et. seq. are incorporated herein by reference.
4. Military Leave for training in the National Guard or other component of the organized militia of New Jersey:
- Upon application, employees in the career, senior executive or unclassified service who are members of the National Guard or other component of the organized militia of the State of New Jersey, shall be granted a leave of absence with pay at their hourly rate of pay plus longevity, if applicable, not to exceed ninety (90) days in the aggregate in any one (1) year when required to engage in active duty or active duty for training, as defined in N.J.A.C. 5A:2-2.3.2(b) (which includes annual training), and all duty ordered by the Governor pursuant to N.J.A.C. 5A:2-2.3.2(c), but such leave shall not be given for duty described in N.J.A.C. 5A:2-2.3.2(d).
- The leave described in Paragraph 4 (a) above is in addition to vacation leave or compensatory time off to which employees may be entitled.
- Military pay received by employees while on a leave described in Paragraph 4 (a) shall be retained by them. Any pay received by employees from the training authority shall be retained by them.
5. Military Leave for training in the organized reserves of the Army, Navy, Air Force or Marine Corps. of the United States of America:
- Upon application permanent employees who are members of the organized reserves of the Army, Navy, Air Force or Marine Corps. of the United States of America or other affiliated organizations shall be entitled to a leave of absence with pay on days they are required to engage in field training, but only that training which consists of unit training field operations.
- Non-permanent employees working for one (1) year or longer shall be entitled to a leave of absence with pay, not to exceed thirty (30) days, in the aggregate in any one (1) year while engaged in field training.
- Non-permanent employees working for less than one (1) year shall be entitled to a leave of absence without pay while engaged in field training.
- Such non-permanent employees, at their discretion, may use accrued vacation leave or accrued compensatory time off for the period of such absence.
- Such leave shall be in addition to vacation leave or compensatory time off to which such non-permanent employees may be entitled.
- Military pay received by employees while on a leave described in Paragraphs 5 (a) and 5 (b) above shall be retained by them.
- The Employer may reschedule the work schedule of employees to avoid conflict with the duty described in Paragraphs 3(a), 4(a), 5(b) and 5(c) above.
6. Approval of the leave described in Paragraphs 3(a), 4(a), 5(a), 5(b) and 5(c) above is contingent upon receipt by the Employer of a true copy of the military orders requiring the employees to enter military service, engage in active duty, active duty training, duty ordered by the Governor or field training prior to the commencement of the period of the aforesaid duty or training.
7. Jury Duty Leave:
(a) Upon application, leaves of absence with pay shall be granted to employees called for jury duty.
(b) Such leave shall not be charged to vacation or sick leave.
(c) Fees received as a juror other than for meal or travel shall be turned over to the Employer.
8. Pay, as used in this Article, is defined to mean the regular hourly rate of pay plus such longevity pay to which the employee may be entitled.
9. If employees are on a Leave of Absence without pay for a period in excess of three (3) consecutive months in a calendar year, then any annual salary increase which accrues for all employees in the bargaining unit during such period of leave shall not be paid upon return to work, but shall be delayed for a period equal to the period of unpaid leave. There shall not be a delay to a salary increase resulting from a promotion.
ARTICLE 27
MEDICAL, HEALTH, DENTAL AND VISION BENEFITS
Section 1. Health Insurance
a. (1) Employees shall receive health insurance, which is equal to or better than the New Jersey State Health Benefit Plan for themselves and their eligible dependents. All employees shall be required to contribute a portion of their salary toward the cost of their health care benefit premiums in accordance with Ch.78 (P.L. 2011). Any employee who retires on a service pension and did not have twenty (20) years of pensionable service as of June 28, 2011 shall pay a retiree health insurance contribution at the percentage (%) rate applicable to their annual yearly pension.
(2) Employees working less than twenty (20) hours per week shall not be entitled to such benefit, as well as seasonal and per diem employees.
(3) Any employee covered by this bargaining unit or County of Bergen employee currently eligible for insurance coverage who transfers into this bargaining unit and who regularly works twenty (20) or more hours in a week as of January 1, 2018 shall remain eligible for all insurance coverage provided by the County to bargaining unit members as per this Article.
(4) Any employee hired into or transferred into this bargaining unit after January 1, 2018 shall not be eligible for insurance coverage under this Article unless they regularly work thirty (30) or more hours per week for the County in this unit.
b. The County shall also extend the above insurance coverage to any employee who is on unpaid leave of absence during which there is eligibility for Worker's Compensation benefits.
c. If an employee is on an unpaid leave of absence, except as provided in (b) above, she/he shall continue to be covered for a minimum period of one (1) month following her/his last day of payment, after which the employee shall be offered the opportunity to continue her/his coverage at personal expense through the Group Plan (COBRA).
d. Any insured employee who resigns or is terminated for any reason other than retirement or death shall continue to be covered for a minimum of one (1) month following her/his last day of payment, after which the employee shall have the opportunity to continue her/his coverage a personal expense on a direct basis.
e. All employees shall be required to choose either the Direct Access or the HMO Plan.
f. The plan for insurance coverage (levels and types of benefits to be provided) will be determined solely by the County in accordance with their sole discretion to do so.
Section 2. Dental Plan
All employees shall be provided with a County Dental Plan, full family coverage. The plan will be fully paid by the Employer within three (3) months of employment. Annual maximums shall be $1,900.00 for the duration of this Agreement.
Section 3. Prescription Plan
All current and future employees shall pay the following co-pays:
$5.00 (generic) (30 day supply)
$15.00 preferred brand name)(30 day supply)
$30.00 (non-preferred brand name)(30 day supply)
MAIL ORDER
$5.00 (generic)(90 day supply)
$30.00 (preferred brand name)(90 day supply)
$60.00 (non-preferred brand name)(90 day supply)
Effective January 1, 2009, no employee shall seek reimbursement through the County’s insurance program or any other County entity of the prescription co-pays paid by the employee.
Section 4. Disability Plan
The currently existing Disability Plan shall remain in effect. The County will offer the employees the right to purchase up to the state minimum through payroll deductions.
Section 5. Vision Care Plan
a. The expense shall have been incurred to a recognized supplier of eye care, such as a physician, optometrist, medical laboratory or supplier of eye glasses or contact lenses, who is licensed by the State of New Jersey to provide such services; and,
b. A bill for the expense or other proof thereof, together with a voucher signed by the employee shall be submitted to the Employer; and,
c. The expenses shall not be covered by any other insurance benefit plan provided by the Employer pursuant to this Agreement; and,
d. Effective January 1, 2016 and for the duration of this Agreement, there shall be a Two Hundred Fifty ($250.00) Dollar per year benefit, but Five Hundred ($500.00) Dollars may be used collectively in years 2016-2017 and 2018-2019.
Section 6.
Seasonal and per diem employees, as well as employees working less than twenty (20) hours per week shall not be eligible for enrollment in any of the health benefits plans described in Sections 1, 2, 3, 4 and 5 of the Article and the Employer has no obligation to pay premiums or provide coverage for such employees. As of January 1, 2018, any employee hired or transferred into this bargaining unit after said date shall not be eligible for insurance coverages under any provision of this Article unless they regularly work thirty (30) or more hours per week for the County.
Section 7.
Employees hired on or after January 1, 2014 to work for the County of Bergen must work twenty-five (25) years with the County and have twenty-five (25) years of service credit in the appropriate State pension system and retire from the County of Bergen in order to qualify for retiree medical coverage, subject to any contributions required by law.
ARTICLE 28
TERMINAL LEAVE BENEFIT
1. Employees, upon retirement within the meaning of the statutes governing the New Jersey Public Employees Retirement System and the rules and regulations of the Public Employees Retirement Board, or employees who terminate their service after reaching age sixty (60) but are not covered by the Public Employees Retirement System, shall receive a terminal leave benefit in the form of a lump sum payment as provided below:
Effective April 1, 2004, members of the bargaining unit who retire under PERS, or conclude their service with the County after reaching sixty (60) who are not covered by PERS, shall be granted a terminal leave lump such payment as follows:
Fifty (50%) percent of accumulated sick leave not to exceed $20,000.00 or an amount established by New Jersey law.
2. If employees die while employed, then their estates shall receive the terminal leave benefit, provided that they have been employed by the Employer for not less than seven (7) consecutive years prior to death.
3. Part-time employees who retire as defined hereinabove shall receive one-half (1/2) the benefit provided by Paragraph 1 of this Article.
4. Employees hired on or after January 1, 2009 shall have their terminal leave eligibility capped at fifty (50%) percent of sick leave accumulated to a maximum of Fifteen Thousand ($15,000.00) Dollars.
5. Actually retired shall be defined as receiving approval from PERS/PFRS to retire, the receipt and deposit of the first (1st) retirement check and providing such proof to the County’s Personnel Director prior to payment for terminal leave.
ARTICLE 29
PENSION BENEFIT
The parties acknowledge that the laws of the State of New Jersey (N.J.S.A. 34:13A-8.1) prohibit negotiations upon any pension statute or statutes and the Employer's sole obligation is to comply with applicable statutes of New Jersey which concern PERS. The Union has no obligation concerning pension benefits.
ARTICLE 30
PERSONNEL FILE
1. Personnel files for all employees shall be maintained by the Employer's Personnel Department. No entries, notations, documents or other papers which reflect ability, performance or character shall be placed in the files without first having been shown to such employees, giving such employees the opportunity to place their initials thereon and to place their own written statements in the file.
2. Employees have the right to review personnel files upon reasonable notification to the County Personnel Department Head or designee.
ARTICLE 31
UNIFORM ALLOWANCE
Except as provided in Paragraph No. 7, full-time employees hired during the Contract term requiring a uniform not supplied by the County shall receive a benefit for purchase of uniforms as follows:
1. The County shall budget, for each employee not receiving clothing from the County, an amount not to exceed One Hundred Seventy Five ($175) Dollars per person, budgeted, for the replacement of uniforms for each year of the term of this contract. Effective January 1, 2018, the amount budgeted shall not exceed Two Hundred Seventy Five ($275) Dollars per person, budgeted, for the replacement of uniforms for each year of the term of the contract.
In order to be eligible, the employee must turn in the uniform item/items sought to be replaced.
2. Effective January 1, 2012, all employees covered by this Agreement requiring a uniform not supplied by the County, other than as specified in Paragraph 3 herein, shall receive their clothing allowance in full in the first month of each year.
3. The Employer shall continue to provide rain gear and gloves to all employees for whom the County supplied such rain gear and gloves during the previous year. Such provision shall not reduce the employee’s uniform benefit.
4. The uniforms shall be consistent with the Employer's dress code policy as set forth on Schedule "C".
5. The employees shall clean, maintain and replace their uniforms as may be necessary.
6. The Parties recognize that the Employer may, at any time during the life of this Agreement, choose to provide uniforms for blue collar workers requiring them. In that circumstance, the uniform allowance will cease.
7. All employees receiving a clothing allowance and who have been required to wear uniforms shall wear their uniform at all times while in the County’s employ.
8. Bargaining unit employees required to wear work boots shall receive a Fifty ($50.00) Dollar annual boot allowance, of which the boots will be acquired by the County for every year covered by this Agreement. Effective January 1, 2018, the annual boot allowances shall be increased to One Hundred Fifty ($150.00) Dollars.
ARTICLE 32
WORK TOOLS
The Employer, at its expense, shall provide the employees with the tools necessary to perform their work. The Employee shall be solely responsible to insure said tools are properly maintained and used appropriately.
ARTICLE 33
REIMBURSEMENT FOR LICENSURE FEES
1. If full-time or part-time employees are required to have a non-professional license as a condition of their performing work, then the Employer shall reimburse such employees for the fees paid by them to obtain such license.
2. Examples of license fees which are to be reimbursed are: articulated motor vehicle driver's license, on condition that the employees are assigned work requiring such a license, certified pesticide applicator and all other license fees for which the Employer reimbursed employees during previous years.
3. No reimbursement shall be made for the fee paid for an ordinary motor vehicle driver's license.
4. Employees who fail to obtain their license after one (1) attempt shall be responsible for any additional expenses/fees in obtaining such and be subject to discipline. ARTICLE 34
PHYSICAL EXAMINATIONS
1. Upon application, all employees shall be entitled to receive a physical examination at The Center for Occupational Medicine in Hackensack, N.J. consisting of the following: chest x-ray at the discretion of the examining physician; SMA series of blood tests; urine analysis; EKG; blood pressure test. In addition, female employees may have a breast examination and a PAP smear test. All or any portion of the testing shall be voluntary on the part of the employee. Irrespective of the above, if the physician determines, based on the employee’s medical history and/or the County’s sick leave/leave of absence policies that the employee needs additional tests, the physician’s determination shall be conclusive and non-grievable.
2. Employees desiring a physical examination shall so indicate in writing, to the Department Head. The physical examination shall be scheduled by the Personnel Division thereafter. Irrespective of the above, if the physician determines, based on the employee’s medical history and/or the County’s sick leave/leave of absence policies that the employee needs additional tests, the physician’s determination shall be conclusive and non-grievable.
3. Employees working on the Golf Course and at the Horticultural Division shall be tested for the presence in the blood of all chemicals used by the employees as part of their work. Employees who handle animals as part of their work shall have such additional blood tests as are reasonable and necessary, as determined by the examining physician. Irrespective of the above, if the physician determines, based on the employee’s medical history and/or the County’s sick leave/leave of absence policies that the employee needs additional tests, the physician’s determination shall be conclusive and non-grievable.
4. Employees shall cooperate with the Employer concerning possible reimbursement to the Employer from any insurance company affording coverage to the employee, provided the premiums for such insurance coverage are paid for by the Employer.
5. Examinations shall be scheduled at the reasonable, mutual convenience of the affected parties.
6. If the examination is scheduled outside of the employee's regularly scheduled hours of work, then the employee shall be paid for such time being examined.
ARTICLE 35
USE OF PERSONAL AND COUNTY VEHICLES
1. If the Department Head or a designee authorizes employees to use their personal motor vehicle for the business of the Employer, such as travel between parks during regularly scheduled hours of work or during overtime work, then such employees shall be reimbursed at the prevailing IRS rate.
2. The Employer reserves the right to transport employees for the purposes set forth in Section 1 by an Employer owned vehicle, in which case there shall be no reimbursement.
3. All employees must comply with the County’s Vehicle Use Policy.
ARTICLE 36
CONTRACTING OUT WORK
If the Employer, in the exercise of its managerial prerogative, determines to terminate any work being performed by employees within the bargaining unit and to have such work performed in the future by an outside party whether by contract, franchise or other agreement, then the Employer shall give notification to the Union of such determination at least forty-five (45) calendar days prior to the implementation of the determination and the Employer will meet with the Union promptly and discuss, but not negotiate, the impact of such determination upon the employees.
ARTICLE 37
UNION SECURITY
1. The Employer will notify the Union of the names, titles, annual rates of pay and the hours of work of all employees hired after the signing of this Agreement by no later than thirty (30) calendar days after the date of hire. The Employer will notify the Union of changes to titles or pay grades of those employees within the bargaining unit no later than fourteen (14) calendar days of the effective date of such changes.
2. The Employer will provide the Union with the use of twenty-seven (27) bulletin boards, 30" by 30", for the purpose of facilitating communications concerning Union business between the Union and the employees in the bargaining unit. Materials which are posted shall not contain any personal comment upon the Employer or representatives of the Employer.
3. The Employer shall deduct uniform Union membership dues from the earnings of those employees who file written authorizations for such deductions. Dues will be deducted in each pay period and transmitted to the Union not less than one time during each month.
4. The Employer shall deduct from the pay of all employees covered by this Agreement who have not submitted written authorizations for dues deductions, the maximum amount permitted by statute to be deducted from pay in lieu of membership dues. The amount shall be deducted in each pay period and transmitted to the Union not less than one time each month.
5. The Union will indemnify, defend and save the Employer harmless from any and all claims, demands, legal actions or other forms of liability that may arise out of or by reason of the action taken by the Employer in reliance upon the written authorization for deductions of dues or deductions made in lieu of membership dues.
6. Accredited agents or representatives of the Union shall have the right to be on the Employer's premises for the purpose of handling Union business at reasonable times subject to prior approval of the Department Head, which approval will not be unreasonably withheld.
7. The Employer shall recognize up to five (5) stewards as designated by the Union. When authorized by the Department Head, the Steward may be released from work without loss of pay during normal working hours to attend grievance hearings and to carry out the intent and purpose of this Agreement, so long as it does not interfere with the operations of the County. The Union shall advise the County of the names of the stewards, in writing, by January 15th of each year of this Agreement or within ten (10) calendar days of a change in such.
ARTICLE 38
GRIEVANCE AND ARBITRATION PROCEDURE
1. A "grievance" is hereby defined as any dispute (except matters excluded by Paragraph 2) between the Employer and the Union or between the Employer and a permanent employee within the bargaining unit and in the classified service concerning:
(a) The application, interpretation or alleged violation of the provisions of this Agreement; or,
(b) The application, interpretation or alleged violation of Employer work rules, regulations or administrative decisions not expressly included in this Agreement which, nevertheless, intimately and directly affect the work and welfare of the employees provided that the event grieved does not infringe upon the inherent managerial prerogative of the Employer; and further provided that the event grieved otherwise qualifies as a negotiable term and condition of employment; or,
(c) All disputes concerning minor disciplinary action, as defined by N.J.A.C. 4A:2-3.1(a), which is incorporated herein by reference and within the definition of a grievance and shall be processed pursuant to the grievance and arbitration provisions herein below.
2. All disputes concerning major disciplinary action, as defined by N.J.A.C. 4A: 2-2.3, which is incorporated by reference, and all other matters which are within the exclusive jurisdiction of the State of New Jersey Civil Service Commission are excluded from the definition of grievance and such disputes shall be processed in accordance with the rules of the New Jersey Civil Service Commission.
3. (a) Grievances, when initiated, must be filed with the office of the County Personnel Director within fifteen (15) calendar days of the occurrence. Grievances affecting specifically payroll discrepancies must be filed within twenty (20) calendar days of the occurrence. There is no such thing as a continuing grievance. Failure to file within the time(s) set forth above shall be declared abandonment of the grievance.
(b) Employees shall discuss the grievance with their immediate supervisor who shall make a verbal response within ten (10) calendar days. If the employees or the Union are not satisfied with the result of the discussion, then the employees or the Union may file a written grievance with the Department Head within ten (10) calendar days of the response of the Supervisor.
(c) The Department Head or a designee shall, within ten (10) calendar days of the receipt of the grievance, make a written decision and issue a copy to the Union and the employee. If the Union or the employees are not satisfied with the decision, then a written request for a hearing may be filed with the Director of Personnel within ten (10) calendar days of the response of the Department Head.
(d) The Director of Personnel or a designated hearing officer shall hold a grievance hearing within ten (10) calendar days of receipt of the grievance and shall advise the employees and the Union of the decision, in writing, within ten (10) calendar days of the close of the hearing.
4. (a) If the decision of the Director of Personnel or a designee is not satisfactory to the Union, then the Union, but not the employee, shall have the right to submit the grievance to the New Jersey Public Employment Relations Commission for arbitration according to the rules. The submission shall be made within ten (10) calendar days of the receipt of the decision by the employee and the Union. A copy of the submission shall be served on the Director of Personnel. If a submission is not made within ten (10) calendar days, then the grievance shall be deemed settled and arbitration waived.
(b) By mutual written consent, the parties may waive the requirement that the notice of appeal be delivered within ten (10) calendar days.
(c) The arbitrator shall have the power to conduct a hearing pursuant to the Rules of the New Jersey Public Employment Relations Commission and to make a final decision, which decision shall neither modify, add to nor subtract from the terms of Agreement, and the above referenced rules, regulations or policies.
(d) The arbitrator's decision shall be binding on both parties.
(e) The cost of the arbitration shall be paid pursuant to the Rules of the Commission.
5. Employees shall be disciplined only for such cause as is set forth in the Rules of the Civil Service Commission, N.J.A.C. 4A: 2-2.3(a), which is incorporated by reference or established by law or by rules/regulations/ordinances/resolutions of the County.
6. Employees who have not completed the probationary period shall not have a contractual right to file a grievance, but shall have such rights as may be provided by the Rules of the Civil Service Commission.
7. No grievance may be filed by an Employee or the Union on his/her behalf who has previously resigned or retired from the employ of the County, unless said grievance is in response to an action taken by the County prior to the Employee’s resignation or retirement.
ARTICLE 39
NO STRIKE AND NO LOCKOUT
1. Neither the Union nor the employees shall engage in a strike, work stoppage, work slow-down, sympathy strike or any similar type of concerted action which has the effect of a strike, work stoppage or work slow-down on the Employer's operations.
2. If the employees engage in concerted action as described in Paragraph 1 of this Article, then the Union will make its best effort to persuade the employees to cease such action.
3. The Employer shall not lock out the employees.
ARTICLE 40
SAFETY
1. The parties shall cooperate to continue to provide healthy and safe working conditions. The Employer, the Employer's insurance carrier and the Union shall participate in the existing Safety Committee. The purpose of the Committee is to review injuries and develop procedures designed to prevent future injuries, and to generally make recommendations concerning prevention or elimination of unsafe conditions. The Committee shall make recommendations to the Department Head. The decision of the Department Head with regard to such recommendations is not arbitrable.
2. If employees believe that the continued performance of their work creates an imminent and serious danger to their health, then the following procedure shall be followed:
(a) Employees shall communicate with their immediate supervisor and explain why they believe that there is an immediate and serious danger. The supervisor and the employees shall thereupon discuss and attempt to resolve the condition.
(b) If discussion fails to resolve the condition, then the Department Head or a designee shall be contacted to observe the condition and resolve the dispute. For example: if the safety of a motor vehicle or unit of equipment is an issue, then a mechanic employed by the Parks Department shall be called to the scene to inspect the same. The parties shall then take appropriate action based upon the opinion of the mechanic. If the mechanic finds it to be unsafe, then it shall not be operated.
3. If after the completion of the aforesaid procedure, employees or the Union are not satisfied that the safety dispute has properly been resolved, then a grievance may be taken. The grievance shall be heard by the Director of Personnel or a designee.
4. The Employer will not take reprisals against employees who in good faith make reports or complaints about safety issues.
ARTICLE 41
MISCELLANEOUS
In the event that the County becomes eligible to join the New Jersey Manufacturers Association, the County shall do so at the earliest practical time subsequent to eligibility.
ARTICLE 42
CONTINUATION OF CONTRACT
The terms of this Agreement shall continue in full force and effect until a successor Agreement is signed.
ARTICLE 43
SAVINGS PROVISION
If the provision of this Agreement is adjudicated void, illegal or unenforceable by a court of competent jurisdiction, then all other provisions of this Agreement not so affected, shall not be void, illegal or unenforceable, but shall continue in full force and effect.
ARTICLE 44
ENTIRE AGREEMENT
The parties acknowledge that they have had full opportunity to bargain concerning the terms and conditions of employment and that the within Agreement is the entire Agreement and that during the term of this Agreement, neither party is obligated to negotiate any further terms and conditions of employment.
Signature Page
IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by its proper officer and witnessed on the day and year shown on Page One.
THE COUNTY OF BERGEN LOCAL 108, RWDSU, AFL-CIO
(BLUE COLLAR)
__________________________________ ________________________________
James Tedesco, III, County Executive
______________________________________ _________________________________
Michael Bellucci, Deputy County Administrator
______________________________________
Michele Popkin, Director of Personnel
____________________________ ____________________________
ATTEST ATTEST
SCHEDULE A
TITLES AND PAY GRADES
TITLES PAY GRADES
Animal Health Technician 17
Animal Keeper 15
Assistant Park Naturalist 16
Assistant Principal Engineering Aide 16
Assistant Supervising Greenskeeper 15
Assistant Supervisor Parks 15
Building Service Worker/Senior Cleaner 10
Carpenter 15
Cashier 09
Comm. Operator/Senior Stock Clerk 16
Electrician 15
Engineering Aide 08
Equipment Operator 12
Gardener 09
General Supervisor Maintenance Repair 18
Golf Starter 09
Golf Starter, Part-time 09
Greenskeeper 12
Heavy Equipment Operator 14
Horticulturist 15
Laborer 11
Mason 15
Mechanic 13
Mechanic - Diesel 13
Maintenance Repairer 12
Oil Burner Repairer 15
Park Arboriculturist 18
Park Attendant 10
Park Maintenance Worker 10
Park Naturalist 17
Plumber 15
Principal Cashier 14
Riding Instructor 12
Rodman 10
Sanitation Driver 12
Security Guard 11
Sign Design Processor 13
Sign Maker/Supervisor Park 16
Supervising Animal Keeper 17
Supervising Clerk 17
SCHEDULE A
TITLES AND PAY GRADES
TITLES PAY GRADES
Supervising Greenskeeper 16
Supervising Heavy Equipment Operator 17
Supervising Mechanic 18
Supervising Train Operator 16
Supervisor Parks 16
Supervisor Sanitation 16
Supervising Horticulturist 17
Supervising Tree Trimmer 17
Supervisor of Maintenance 16
Supervisor Trades 18
Senior Animal Keeper 16
Senior Cashier 10
Senior Engineering Aide 13
Senior Gardener 10
Senior Greenskeeper 14
Senior Maintenance Repairer 14
Senior Maintenance Repairer - Carpenter 14
Senior Maintenance Repairer - Electrician 14
Senior Maintenance Repairer - Mason 14
Senior Maintenance Repairer - Plumber 14
Senior Park Maintenance Worker 12
Senior Park Maintenance Worker/Trade 12
Senior Mechanic 14
Senior Security Guard 12
Senior Sign Designer Processor Letters 14
Senior Train Operator 11
Senior Tree Climber 14
Store Clerk 11
Store Keeper 15
Stable Hand 10
Train Operator 10
Transitman 14
Tree Climber 13
Tree Trimmer 11
Truck Driver 11
Truck Driver – Heavy 12
Welder 15
Zoo Maintenance Worker 11
SCHEDULE “B”
MINIMUM AND MAXIMUM ANNUAL RATES OF PAY FOR THE PAY GRADES
| PAY GRADE | 2000-2003
MINIMUM | 2000-2003
MAXIMUM |
|
|
$15,000.00 | $25,975.00 |
|
| 15,000.00 | 26,185.00 |
|
| 15,000.00 | 30,999.00 |
|
| 15,000.00 | 32,778.00 |
|
| 15,000.00 | 33,461.00 |
|
| 15,000.00 | 32,404.00 |
|
| 15,000.00 | 29,060.00 |
|
| 15,000.00 | 32,762.00 |
|
| 15,499.00 | 36,120.00 |
|
| 15,499.00 | 28,535.00 |
|
| 16,393.00 | 39,164.00 |
|
| 16,704.00 |  |
|
|
17,644.00 | |
|
|
18,505.00 | |
SCHEDULE "C"
EMPLOYER DRESS CODE
1. The employees are required to be in uniform during their work day.
1. Failure to be in uniform shall be the grounds for disciplinary action.
1. Non-supervisory employees' uniforms shall be the color dark green.
1. Supervisory employees' uniforms shall be the color tan.
1. The Employer shall provide the employees with Bergen County Parks Department identification patches. The employees shall have the same sewn onto the shoulder of the aforesaid shirts, sweatshirts and jackets.
1. The Employer shall also provide the employees with photograph identification cards which shall be worn as part of the uniform.
The aforesaid policy is set forth for informational purposes and not for the purpose of negotiations.
SCHEDULE "D"
EMPLOYER POLICIES CONCERNING INITIAL ANNUAL RATE OF PAY
Set forth below for informational purposes only and not for the purpose of negotiations.
1. It is the Employer's policy when hiring positions in the Parks Department, that is for an entry level (unskilled) position as defined hereinbelow, that the initial annual rate of pay for such employees shall be the minimum for that category.
1. Unskilled titles, though not necessarily limited to the following, are: Park Laborer, Park Maintenance Worker, Park Attendant, Golf Starter and Greenskeeper.
1. The aforesaid policy is not applicable to the hiring of employees for skilled positions (Parks Department). The rate for such specialized discipline/positions shall be no greater than the lowest rate paid to an Incumbent in that discipline or specialty with like experience in that discipline or specialty.
1. When hiring for such a title and establishing an initial annual rate of pay, the Employer will give due consideration to the relevant training, ability and work experience of the employee. |