VOORHEES FIRE DISTRICT
423 Cooper Road Voorhees, N.J
Phone: (856) 783-6630
Fax:(856)783-0190
Agreement Between
Board of Fire Commissioners Fire District #3
Voorhees Township, New Jersey
And
Camden County Uniformed Fire Fighters Association
International Association of Fire Fighters Local 3249
A.F.L. C.I.O.C.L.C.
January 1, 2002 through December 31, 2005
THIS AGREEMENT is entered into this day of , 2003 by and between the BOARD OF FIRE COMMISSIONERS, FIRE DISTRICT NO. 3, Township of Voorhees, in the County of Camden, New Jersey, a municipal body of the State of New Jersey, hereinafter called the "Board", and CAMDEN COUNTY UNIFORMED FIRE FIGHTERS ASSOCIATION, I.A.F.F. LOCAL NO. 3249, A.F.L. - C.I.O./C.L.C., hereinafter called the "Association", represents the complete and final understanding on all bargaining issues between the Board and the Association.
THIS AGREEMENT is entered into between the Board and the Association, to promote and ensure harmonious relations, cooperation, and understanding between the Board and its Association represented employees; to provide for the resolution of legitimate grievances; all in order that the public service shall be expedited and effectuated in the best interests of the residents of Fire District No. 3, the Township of Voorhees, the Board and its employee.
ARTICLE
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II
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IV
V
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VII
VIII
IX
X
XI
XII
XIII
XIV
XV
XVI
XVII
XVIII
XIV
XX
XXI
XXII
XXIII
XXIV
XXV
XXVI
XXVII
XVIII
XXIV
XXX
XXXI
XXXIV
XXXIII
XXXIV
XXXV
XXXVI
XXXVII
DESCRIPTION PAGE
Preamble
Recognition 1
Non-Discrimination 2
Associations Rights and Responsibilities 3
Management Rights and Responsibilities 6
Grievance 8
Maintenance Of Operation 12
Dues, Deductions, and Agency Shop 13
Employee Rights and Privileges 16
Hours and Overtime 17
Exchange of Hours of Duty 20
Salaries 21
Longevity 26
Holidays 27
Vacations 29
Separation, Death, Retirement 31
Sick Leave 32
Injury Leave 34
Bereavement Leave 36
Military Leave 37
Leave of Absence 38
Pensions 39
Job Descriptions and Duties 40
Clothing Allowance 41
Travel Expenses 42
Hospitalization and Medical Benefits 43
Communicable Diseases 44
Safety Clause 45
Promotions 46
Bulletin Board 47
Service Records 48
Printing and Supplying Agreement 49
Statutory and Legal Rights 50
Separability and Savings 51
Maintenance of Benefits 52
Emergency Medical Services 53
Fire Inspections 54
Jury Duty 55
ARTICLE
XXXVIII
XXXIV
XXXX
XXXXI
XXXXII
XXXXIII
XXXXI V
XXXXV
Appendix A
Appendix B
Appendix C
DESCRIPTION PAGE
Acting Out of Title 56
Emergency Leave 57
Fully Bargained Agreement 58
Superseding Clause 59
New Jersey State Disability Benefits 60
Maternity Leave 61
Labor Management Committee 62
Duration, Term, Renewal 63
Clothing Allowance 64
Memorandum of Agreement regarding Fire
Inspector Certifications 65
Memorandum of Agreement regarding
Temporary Light Duty 67
A. In accordance with the voluntary recognition pursuant to
a "card check", the Board recognizes the Association as the
exclusive collective negotiations agent for all paid full time
employees engaged in fire suppression duties, .including Fire
Fighters, Fire Captains and Battalion Chiefs. Also included within
the above defined negotiating unit are those employees of the
Board whose job titles currently are or may be clerical,
maintenance, security or other co-designated classifications
provided their job duties include fire suppression and/or fire
prevention activities.
B. Unless otherwise indicated, the terms "firefighter",
"firefighters", "Fire Inspector" and "employee" or "employees",
when used in this Agreement, refer to persons, male or female,
represented by the Association in the above defined negotiating
unit.
C. This Agreement excludes the Fire Chief, managerial
executives within the meaning of the New Jersey Public Employer-
Employee Relations Act, N.J.S.A, 34:13A-1 et. Seq. (hereinafter
"the Act"), and employees not engaged in fire fighting duties.
ARTICLE II NON-DISCRIMINATION
A. The Board and the Association agree that there shall be
no discrimination against any employee because of race, creed,
color, religion, sex, national origin or political affiliation.
B. The Board and the Association agree that all employees
covered under this Agreement have the right without fear of
penalty or reprisal to form, join, and assist any employee
organization or to refrain from any such activity. There shall be
no discrimination by the Board or the Association against any
employee because of the employees' membership or non-membership or
activity or non-activity in the Association.
ARTICLE III ASSOCIATION RIGHTS AND RESPONSIBILITIES
A. Officials representatives of the Association, pursuant to
State Law, will be granted administrative leave with pay in
accordance with the provisions of N.J.S.A. 40A: 14 177.
B. Three (3) authorized Association Representatives shall be
excused without loss of pay from their normal duties to
participate in negotiations for the renewal of this Agreement or
the executive of a new agreement for this District. Upon the
request of the Association President, such representatives will
also be reasonably excused without loss of pay to participate in
other meetings related to collective bargaining. Such
representatives shall attend negotiations, and other meeting
sessions, if on duty, in the appropriate uniform and be available
for duty in the event the need arises.
C. Copies of disciplinary charges, or other notices relating
to disciplinary action, shall be furnished to the Association upon
written authorization to the Board by the employee within a
reasonable period of time thereafter. The Board shall maintain a
file of written refusals by the employees to authorize the Board
to forward such documents to the Association. Copies of all
disciplinary charges or notices relating to disciplinary action
against any member or non-member shall be furnished to the
President or Shop Steward of the Association within seventy-two
(72) hours of the presentation of charges.
D. The Association will be responsible for acquainting its
members with the provisions of this Agreement, and shall be
responsible insofar as possible for the adherence to the terms of
this Agreement by such members, and the Association recognizes
that the conditions set forth in this article shall be subject to
the mission of the Board.
E. Whenever an employee is to be questioned and (he) is being
considered a "target" for possible disciplinary action, (^ shall
have the right to request a representative of the Association be
present at all stages of questioning. If an employee requests and
is denied representation at any stage of the questioning, any
statements made by the employee or "fruits" derived there from
cannot be used against said employee to support disciplinary
action.
F. Authorized representatives of the Association, whose
names shall be filed in writing with the Board, or their designee,
shall be permitted to visit any fire facility within Voorhees
Township for the purpose of processing or investigating
grievances, provided that prior approval has been secured from the
Fire Chief, or such other individuals designated by the Board in
writing to perform such task, on condition that such prior
approval shall not be unreasonably withheld. Only one (1)
authorized Association representative shall be granted such
permission. The Association representative shall not interfere
with the normal conduct of work within the fire facility.
G. In addition to the foregoing, one (1) representative
delegate of the Association shall be granted administrative leave,
once per annum, to attend a labor convention (State or
International) for a period inclusive of the duration of the
convention with a reasonable time allowed for travel. Request for
administrative leave shall be given to the Fire Chief within
thirty (30) calendar days prior to the effective date of such
leave.
H. In addition to the foregoing, if the State Delegate is elected from this bargaining unit, the Delegate will receive a maximum of nine (9) days annually without loss of pay to attend the monthly State meeting. In order to receive said leave, the Delegate must give the Fire Chief a minimum of two (2) weeks prior written notice and must be scheduled to work on the day and time of the State monthly meeting.
I. Upon the request of the Association President, on duty employees shall be reasonably permitted to attend and participate in bargaining unit meetings without loss of pay when such bargaining unit meetings"are held at a location mutually agreed upon by the Association and the Board. All on duty employees shall attend and participate in the appropriate uniform and be available for duty in the event the need arises.
J. In addition to the foregoing, union representatives will receive relief from duty with full pay for the purpose of attending to contract administration, grievance processing or other union business relating to the Voorhees Township Bargaining units on an as needed basis. The member requesting relief must make application to the Fire Chief or his designee as soon as reasonably possible. Such request will not be unreasonably denied.
ARTICLE IV
MANAGEMENT RIGHTS AND RESPONSIBILITIES
A. The Board hereby retains and reserves unto itself, without limitation, all powers, rights, authority, duties and responsibilities conferred upon and vested in it by the laws and Constitution of the State of New Jersey and the United States, including, but not limiting, the generality of the foregoing, the following rights:
1. To the executive management and administrative control of
the District and its properties and facilities and the activities
of its employees by utilizing personnel, methods and means of the
most appropriate and efficient manner possible as may from time to
time be determined by the Board.
2. To make rules and procedure and conduct, to use improved
methods and equipment, to determine work schedules and shifts, to
decide the number of the employees needed for any particular time •
and to be in sole charge of the quality and quantity of work
required.
3 . The right of management to make such reasonable rules and regulations as it may from time to time deem best for the purposes of maintaining order, safety and/or the effective operation of the Department after advance notice thereof to the employees is recognized.
4. To hire all employees, to promote, transfer, assign or
retain employees in positions with the District.
5. To suspend, demote, discharge, or take any other
appropriate disciplinary action against any employee for good, and
just cause according to the law, and subject to the grievance
procedure .
6. To lay off employees in the event of lack of work or
funds or other conditions where continuation of such work would be
inefficient and non-productive, so long as such lack of work or
funds is bona fide.
B. Pursuant to the laws of the State of New Jersey and of the United States, the exercise of the foregoing powers, rights, authority, duties or responsibilities of the Board, the adoption of policies, rules, regulations and practices in the furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the terms of this Agreement, and then only to the extent such terms hereof are in conformance with the Constitution and laws of New Jersey and of the United States.
ARTICLE V GRIEVANCE PROCEDURE A. Purpose
1. The purpose of this procedure is to secure, at the
lowest possible level, an equitable solution to the problems which
may arise affecting the terms and conditions of this Agreement.
2. Nothing herein shall be construed as limiting the
right of any employee having a grievance to discuss the matter
informally with any appropriate member of the District staff.
3. Nothing herein shall be deemed to deny the employees
of their statutory or other legal rights concerning discipline.
Nothing herein shall be deemed to deny employees their rights to
pursue any other statutory or legal remedies in lieu of resorting
to the grievance procedure.
B. Definition
The term "grievance" as used herein means any controversy arising over the interpretation, application or alleged violation-of policies, procedures, contractual agreements, and administrative decisions affecting the terms and conditions of employment, and shall be raised by the Association on behalf of an individual or group of individuals.
C. Steps of the Grievance Procedure
In order to resolve grievances covered by this Agreement between the parties, this procedure shall be followed unless any step is waived by mutual consent:
Step One;
An aggrieved employee or employees shall institute action under the provision hereof within fifteen (15) calendar days of the occurrence of the event-giving rise to the grievance. Action is instituted by filing a grievance with the Association Grievance Committee. Failure to act within said fifteen (15) calendar days shall be deemed to constitute an abandonment of the grievance. Within fifteen (15) calendar days after the grievance has been filed and before an effort is made to settle the matter, the Association Grievance Committee shall screen and study the grievance to determine whether it has or lacks merit. Such processing of grievances shall take place without discrimination and irrespective of membership or affiliation with the Association. Upon finding of merit or non-merit, the Association Grievance Committee shall present written confirmation of such determination to the Fire Chief with request that the Fire Chief investigate and resolve same, if required. If the resolution of the grievance has not been reached within five (5) working days of the submission to the Fire Chief, the grievance may proceed to Step Two.
Step Two;
1. In the event a satisfactory settlement has not been
reached at Step One, the Association may, within ten (10) calendar
days of the Fire Chiefs' or a designees1 decision, file his
written grievance with the Board. This presentation shall include
copies of all previous correspondence relating to the matter in
dispute.
2. The Board or its designee shall review the decision of the
Fire Chief, and, within ten (10) calendar days from receipt of the
grievance, make a written determination.
Step Three;
1. In the event the grievance has not been resolved in Step Two the Association may, within thirty (30) calendar days of the Boards' decision, request arbitration. The arbitrator shall be chosen in accordance with the rules of Public Employment Relations Commission (PERC).
2. However no arbitration hearing shall be scheduled sooner than thirty (30) calendar days after the final decision by the Board. In the event that the aggrieved elects to pursue other remedies, the arbitration hearing shall be cancelled and the matter withdrawn from arbitration. The Association shall pay whatever costs it may incurred in processing the case to arbitration.
1. The arbitrator shall be bound by the provisions of this Agreement and restricted to the application of the facts presented to them involved in the grievance. In formulating their decision, the arbitrator shall adhere to the statutory and case law of New Jersey and the United States where applicable. The arbitrator shall not have the authority to add to, modify, subtract from or alter in any way the provisions of this Agreement or any amendment or supplement thereto. The decision of the arbitrator shall be final and binding.
2. The costs for the services of the arbitrator shall
be borne equally by the Board and the Association. Any other
expenses incurred, including but not limited to the presentation
of witnesses, shall be paid by the party incurring the same.
3. The arbitrator shall set forth his findings of
fact and reasons for making the award within thirty (30) days
after the conclusion of the arbitrator hearing unless agreed to
otherwise by the parties.
E. Group Grievances
1. Which shall be defined as those affecting
"substantially" all of the members of the Association shall be filed by the Association, and the Association only, at Step Two.
F. 1. Nothing herein shall prevent the parties from mutually agreeing to extend or shorten the time limits for processing the grievance at any step in the grievance procedure.
2. The time limits expressed herein shall be-strictly adhered to. If any grievance has not been initiated within the time limits specified, any rights and/or claims regarding the grievance shall be deemed to be waived by the Association, unless the Association and Fire District mutually agree to extend the time limitation for filing of the grievance.
£~TT7" If any grievance is not processed to the next succeeding Step in the grievance procedure within the time limits prescribed there under, then the disposition of the grievance at the last Step shall be deemed conclusive.
11 ARTICLE VI
MAINTENANCE OF OPERATIONS
A. It is recognized that the need for continued and
uninterrupted operation of the Board of Fire Commissioner's
Departments and Agencies is of paramount importance to the
citizens of the community, and that there should be no
interference with such operations.
B. Neither the Association nor any person acting on its
behalf will cause, authorize, engage in, sanction, assist or
support, nor will any of its members take part in, any strike
(i.e., the concerted failure to report for duty, or stoppage of
work, in whole or in part, from the full, faithful and proper performance of the employees' duties of employment), work stoppage, slowdown, sick out, walk out or other illegal job action against the Board.
C. The Association agrees that it will do everything in its
power to prevent its members from participating in any strike,
work stoppage, slowdown or other activities aforementioned, or
support any action by any other employee or group of employees of
the Board.
D. Nothing contained in this Agreement shall be construed to
limit or restrict the Board in its right to seek and obtain such
judicial relief as it may be entitled to have in law or equity for
injunction or damages, or both, in the event of such breach by the
Association or its members.
E. The Fire Chief and all officers shall exercise their
supervisory duties faithfully, irrespective of the fact that the
employees are covered by this Agreement, and they shall be
objective in their dealings with all personnel subordinate to
them, irrespective of their affiliation with the Association.
ARTICLE VII
DUES, DEDUCTIONS, AND AGENCY SHOP
A. The Board agrees to deduct from the salaries of its
employees, subject to this Agreement, dues for the Association.
Such deduction shall be made in compliance with Chapter 123,
Public Laws of 1974, N.J.S.A. (R.S.) 52:14-15.9e, as amended.
B. A check-off shall commence for each employee that signs a
properly dated authorization card, supplied by the Association and
verified by the Board Administrator during the month following the
filing of such card with the Board.
C. If during the life of this Agreement there shall be any
change in the rate of membership dues, the Association shall
furnish the Board written notice thirty (30) days prior to the
effective date of such change and shall furnish the Board either
new authorizations from its members showing the authorized
deductions of each employee, or an official notification on the
letterhead of the Association and signed by the President of the
Association advising of such changed deduction.
D. The Association will provide the necessary "check-off
authorization" form and the Association will secure the signatures
of its members on the forms and deliver the signed forms to the
Board Administrator.
E. Any such written authorization may only be withdrawn
between the period of the 1st of April and the 30th of June by
filing a withdrawal notice with the Board Administrator. The
filing of notice of withdrawal shall be effective to halt
deductions in accordance with N.J.S.A. 52:14-15.9e, as amended.
13
F. The Board agrees to deduct the fair share fee from the earnings of those employees who elect not to become a member of the Association and transmit the fee to the majority representative.
1. The deduction shall commence for each employee who
elects not to become a member of the Association during the month
following written notice from the Association of the amount of the
fair share assessment. A copy of the written notice of the amount
of the fair share assessment must also be furnished to the New
Jersey Public Employment Relations Commission.
2. The fair share fee for services rendered by the
Association shall be in the amount equal to the regular membership
dues, initiation fees and assessments of the Association, less the
costs of benefits financed through the dues and available only to
the members of the Association, but in no event shall the fee
exceed eighty-five (85%) percent of the regular membership dues,
fees and assessments.
3. The sum representing the fair share fee shall not
reflect the costs of financial support of political causes or
candidates, except to the extent that is necessary for the
Association to engage in lobbying activity designed to foster its
policy goals in collective negotiations and contract
administration, and to secure for the employees it represents
advances and wages, hours and other conditions of employment which
ordinarily cannot be secured through collective negotiations with
the Board.
4. Prior to January 1st and July 31st of each year, the
Association, if there is a change in the cost of membership, shall
provide advance written notice to the Board and any non-member of
such increase. Upon written request, any information necessary to
compute or validate the fair share fee for services enumerated
above will be forwarded to the Board or employee requesting same.
5. The Association shall establish and maintain a procedure
whereby any employee can challenge the assessment as computed by
the Association, This appeal procedure shall in no way involve the
Board or require the Board to take any action other than to hold
the fee in escrow pending resolution of the appeal.
G. The Association shall indemnify, defend and save the Board 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 Board in reliance upon salary deduction authorization cards or the fair share assessment information as furnished by the Association to the Board, or in reliance upon the official notification on the letterhead of the Association and signed by the President of the Association, advising of such changed deduction.
15
EMPLOYEE RIGHTS AND PRIVILEGES
A. Nothing contained herein shall be construed to deny or
restrict any employee such rights as they may have under New
Jersey laws or other applicable laws and regulations, The rights
granted to employees hereunder shall be deemed to be in addition
to those provided elsewhere.
B. No employee shall be disciplined, reduced in rank or
compensation without just cause. Any such action asserted by the
Board or any agent or representative thereof shall not be made
public and shall be subject to the grievance procedure herein set
forth.
C. Whenever an employee is required to appear before any
Supervisor, Fire Chief, Board of Fire Commissioners or Board
Representative concerning any matter which could adversely affect
the continuation of that employee in their position, employment,
or the salary or any increments pertaining thereto, then they
shall be given prior written notice of the reasons of such meeting
or interview and shall be entitled to have a representative of the
Local present to advise them and represent them during such
meeting or interview.
D. Any employee whose action may give rise to charges by
the Board or any agent or representative thereof, either
discipline or criminal, shall be advised prior to any hearing or
meeting with any agent or agents of the Board or Department. The
affected employee shall be afforded all rights pursuant to
U.S.S.C. decisions under Weingarten. No statement shall be given
without first advising the affected employee of the matter or
matters for which they are under investigation. The employee shall
have full access to counsel in any hearing or internal
investigation scheduled by the Board.
E. 1. Proposed new rules or modifications of existing rules
covering negotiable working conditions shall be negotiated with
the Association before they are established.
2. All written rules and regulations shall be provided to the employees immediately upon promulgation.
ARTICLE IX HOURS, OVERTIME and COMPENSATORY TIME
A. The normal work week will be forty-four (44) hours, Monday through Sunday, inclusive of a thirty (30) minute lunch break per day, with the normal work day understood as consisting of eleven (11) consecutive hours. The scheduled hours of work will vary from time to time to meet the needs of the District. Nothing in this Agreement shall be construed as providing a guaranteed work day or work week.
B. Except in emergencies, the scheduled hours of work shall
be posted at least seventy-two (72) hours in advance. (This
provision shall not be construed to restrict the Districts' right
to scheduled compensatory time.)
C. There shall be a lunch break of thirty (30) minutes in
duration per day. It is understood that the employee must remain
on the firehouse premises during the lunch break, and can only
leave the premises with the advance approval of their direct
supervisor. These breaks are subject to the emergency requirements
of the District.
D. Overtime will be paid in accordance with the Fair Labor
Standards Act requirements for public agencies engaged in fire
protection.
E. When an employee is recalled for duty, they shall be
entitled to compensation at their overtime rate for all hours
worked, with a minimum compensation of two (2) hours at their
overtime rate, so long as the recall is not contiguous with their
regularly scheduled shift.
F. Whenever the District determines overtime is necessary,
overtime will be offered in accordance with the following
procedure:
1. Career uniformed employees of equal rank will first
be offered the opportunity for overtime.
2. Career full time E.M.T.'s will be offered the
opportunity for overtime second.
3. Part time E.M.T.'s will be offered the opportunity
for overtime third.
G. Overtime will be distributed as equitably as possible in
accordance with the above procedure.
'H/ Firefighters and Fire Officers working voluntary overtime and assigned BLS unit duty during regular E.M.T. Bargaining Unit work periods will be compensated at one and one half times the first year E.M.T. salary rate in effect.
I. Firefighters and Fire Officers working mandatory overtime will be compensated at one and one half times their normal salary rate regardless of their assignment.
J. Firefighters and Fire Officers will have first option to work overtime when the District determines coverage to be necessary during work periods that occur on the holidays listed in Article XIII, Paragraph A and bargaining unit employees would otherwise be scheduled to work.
K. Employees working voluntary overtime as outlined in Paragraph J, and assigned BLS unit duty will be compensated at a rate of one and one half times their regular hourly rate. Employees working shall be subject to all regular duty assignments.
L. Employees working mandatory overtime on a holiday outlined in Article XIII, Paragraph A will be compensated at a rate of one and one half times their normal salary rate plus compensatory time equal to that time worked, regardless of their duty assignment.
M. 1. Except as provided for in paragraph M-5 of this article, a maximum of two (2) firefighters shall be permitted to be off on vacation, personal, holiday, compensatory or other scheduled leave at one time.
2. Except as provided for in paragraph M-5 of this
article, a maximum of one (1) fire officer shall be permitted to
be off on vacation, personal, holiday, compensatory or other
scheduled leave at one time.
3. Except as provided for in paragraph M-5 of this
article, a maximum of three (3) firefighters shall be permitted
off on vacation, personal, holiday, compensatory or other
scheduled leave at one time if no fire officer is scheduled to be
on leave.
4. The above shall not be impacted in any way by other
bargaining unit members temporarily assigned to training, union
and/or other administrative leave or other temporary assignments
so long as the minimum roll call established pursuant to the
public employer's managerial prerogative is met
5. Any bargaining unit member making application for
vacation, personal, holiday, compensatory or other scheduled
leave, over and above that in Paragraphs M-l through M-3, shall be
conditionally approved, subject to roll call and the manpower
needs of the fire district. Any bargaining unit member
conditionally approved for leave must contact the on duty officer
in charge at his/her work station between 0600 and 0615 hours on
the conditionally approved day off in order to confirm approval of
his/her leave.
6. If roll call and manpower falls below that
determined to be necessary by the fire district, any conditional approval of leave may be rescinded. Any bargaining unit member ordered to work as result of conditional leave being rescinded shall report to his/her duty station no later than 0700 hours. Leave time to cover the period of absence shall be charged to the members leave balance as appropriate.
19
EXCHANGE OF HOURS OF DUTY
A. The request for exchange of hours of duty by an employee
may be granted by the Fire Chief or his designee, at his
discretion, provided such request has been made through channels
and in conformance with the needs of the District. Such discretion
shall not be unreasonably denied.
B. In exercising the provisions of this Article, no fire
fighter shall work more than two (2) shifts, and the provisions of
Article IX shall not apply to the second shift unless the employee
is ordered to work hours in excess of the first shift, in which
case Article IX shall be applicable to those excess hours.
C. Exchanges can be performed by any bargaining unit member
employed by the Fire District holding the same certification(s).
ARTICLE XI SALARIES
A. 1. Effective January 1, 2002, the salary for all firefighters hired prior to January 1, 1998 and not EMT certified shall be $60,381.
2. Effective January 1, 2002, the salary for all
firefighters hired prior to January 1, 1998 and holding both ah
EMT and Fire Inspector certification shall be $63,437.
3. Effective November 1, 2002, the salaries for all
firefighters hired after January 1, 1998 and holding both an EMT
and Fire Inspector certification will be as follows:
Classification Salary
New Hire |
|
|
|
|
|
Step 3 | $45,598 |
Step 4 | $50,943 |
Step 5 | $56,399 |
Step 6 | $59,918 |
|
|
4. Effective January 1, 2002 the salary for all Line Officers will be as follows:
Classification Salary
Captain $71,105
Battalion Chief $81,252
21
B. 1. Effective January 1, 2003, the salary for all firefighters, hired prior to January 1, 1998 and not EMT certified will be $62,796.
2. Effective January 1, 2003 the salary for all firefighters, hired prior to January 1, 1998, holding both an EMT and Fire Inspector certification shall be $65,974
3. Effective January 1, 2003, the salaries for all firefighters hired after January 1, 1998 and holding both an EMT and Inspector certification will be as follows:
Classification Salary
New Hire |
|
|
|
|
|
Step 3 | $47,422 |
Step 4 | $52,981 |
Step 5 | $58,655 |
Step 6 | $62,315 |
|
|
4. Effective January 1, 2003 the salaries for all Line Officers will be as follows:
Classification Salary
Captain $73,949
Battalion Chief $84,502
22
C. 1. Effective January 1, 2004 the salary for all firefighters, hired prior to January 1, 1998 and not EMT certified shall be $65,308.
2. Effective January 1, 2004 the salary for all firefighters,
hired prior to January 1, 1998, and holding an EMT and Fire
Inspector certification shall be $68,613.
3. Effective January 1, 2004, the salaries for all
firefighters hired after January 1, 1998 and holding both an EMT
and Fire Inspector certification will be as follows:
Classification Salary
New Hire Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 |
$35,585 $37,748 $43,532 $49,319
|
|
$55,100 $61,001 $64,808 $68,613
|
4. Effective January 1, 2004 the salaries for all Line Officers will be as follows:
Classification Salary
Captain $76,907
Battalion Chief $87,882
23
D. 1. Effective January 1, 2005, the salary for all firefighters hired prior to January 1, 1998 and not EMT certified will be $67,920.
2. Effective January 1, 2005, the salary for all firefighters
hired prior to January 1, 1998 and holding both an EMT and Fire
Inspector certification shall be $71,358.
3. Effective January 1, 2005 the salary for all firefighters
hired after to January 1, 1998 and holding both an EMT and Fire
Inspector certification will be as follows;
Classification Salary
New Hire Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7 |
$37,008 $39,258 $45,273 $51,292
|
|
$57,304 $63,441 $67,400 $71,358
|
4. Effective January 1, 2005 the salaries for all Line Officer's will be as follows:
Classification Salary
Captain $79,983
Battalion Chief $91,397
E. 1. Newly hired employees will begin at the New Hire step on their first day of work regardless of any EMT and/or Fire Inspector certifications maintained. Effective the date that this agreement is signed by the parties, newly hired employees will serve a ninety (90)calendar day EMT and Fire Inspector-training period at the New Hire step of the salary step guide. Upon completion of their ninety (90) calendar day training period, newly hired employees will move to their appropriate step on the salary step guide. Employees will then advance one step per year along the above salary step guide until reaching^the top step.
2. Employees hired prior to the signing of this agreement and obtaining EMT and/or Fire Inspector certifications will serve a thirty (30) calendar day EMT and Fire Inspector training period. Upon completion of their thirty (30) calendar day training period, these employees will move to their appropriate step on the salary step guide. Employees will then advance one step per year along the above salary step guide until reaching the top step.
F. Employees hired after the signing of this agreement and
not maintaining EMT or Fire Inspector certifications will be
placed at the New Hire Step of the salary scale and remain at that
step until obtaining the required EMT and Fire Inspector
certifications and completing the negotiated training period. Upon
attaining EMT and Fire Inspector certifications and upon
completion of the designated training period, these employees will
move to their appropriate step on the salary step guide. Employees
will then advance one step per employment year along the salary
step guide until reaching the top step.
G. Step increases shall take effect on the employee's
anniversary date of hire.
ARTICLE XII LONGEVITY
A. All bargaining unit employees shall be entitled to longevity
payments as follows:
Years of Service Longevity (%)
Starting through 4 years of service 0.00%
Beginning the 5th - the 9th year of service 1.00%
Beginning the 10th - the 14th year of service 1.50%
Beginning the 15th the 19th year of service_ 2.00%
Beginning the 20th -- the 24th year of service 2.50%
Beginning the 25th year of service and thereafter _3.50%
B. Said longevity payments shall be added to the employees'
annual base salary payable in bi-weekly increments together with
said salary or, at the employee's option, payable in a lump sum on
the first pay period in December of the year in which the same is.
approved. Such decision shall be communicated to the Fire Chief
for the next calendar year on or before the first pay period in
December and shall be irrevocable for same calendar year.
ARTICLE XIII HOLIDAYS
A. Bargaining unit employees shall be entitled to ten (10)
holidays as follows: New Years Day, Presidents Day, Memorial Day,
Independence Day, Labor Day, Veterans Day, Thanksgiving Day, the
day after Thanksgiving, Christmas Day and the day after Christmas.
B. In addition to the designated holidays, all bargaining unit
employees shall be entitled to four (4) floating holidays
designated as personal days.
C. 1. Except as provided for within Paragraph C-5 of this
article, a maximum of two (2) firefighters shall be permitted to
be off on vacation, personal, holiday, compensatory or other
scheduled leave at one time.
2. Except as provided for within Paragraph C-5 of this
article, a maximum of one (1) fire officer shall be permitted to
be off on vacation, personal, holiday, compensatory or other
scheduled leave at one time.
3. Except as provided for within Paragraph C-5 of this
article, a maximum of three (3) firefighters shall be permitted
off on vacation, personal, holiday, compensatory or other
scheduled leave at one time if no fire officer is scheduled to be
on vacation leave.
4. The above shall not be impacted in any way by other
bargaining unit members temporarily assigned to training, union
and/or other administrative leave or other temporary assignments
so long as roll call established pursuant to the public employer's
managerial prerogative is met.
5. Any bargaining unit member making application for
vacation, personal, holiday, compensatory or other scheduled
leave, over and above that in Paragraphs C-l through C-3, shall be
conditionally approved, subject to roll call and the manpower
needs of the fire district. Any bargaining unit member
conditionally approved for leave must contact the on duty officer
in charge at his/her work station between 0600 and 0615 hours on
the conditionally approved day off in order to confirm approval of
his/her leave.
2.
6. If roll call and manpower falls below that determined to be necessary by the fire district, any conditional approval of leave may be rescinded. Any bargaining unit member ordered to work as a result of conditional leave being rescinded shall report to his/her duty station no later than 0700 hours. Leave time to cover the period of absence shall be charged to the members leave balance as appropriate.
28
A. Bargaining unit employees shall be entitled to annual
vacation leave with pay in accordance with the following schedule:
1. During the first calendar year of employment, employees
shall be entitled to one (1) vacation day per month of employment.
2. From the beginning of the 2nd year of employment through
the 4th calendar year of employment, employees shall be entitled
to twelve (12) vacation days per year.
3. From the beginning of the 5th year of employment through
the 9th calendar year of employment, employees shall be entitled
to fifteen (15) vacation days per year.
4. From the beginning of the 10th year of employment
through the 20th year of employment, employees shall be entitled
to twenty (20) vacation days per year.
5. During the 21st year of employment, employees shall be
entitled to twenty-one (21) vacation days per year.
6. During the 22nd year of employment, employees shall be
entitled to twenty-two (22) vacation days per year.
7. During the 23rd year of employment, employees shall be
entitled to twenty-three (23) vacation days per year.
8. From the 24th year until the end of employment, -
employees shall be entitled to twenty-four (24) vacation days per
year.
B. The vacation year is January 1st through December 31st.
C. Up to one (1) years earned vacation hours may be carried over
into the following year.
D. An annual vacation schedule shall be prepared by the Chief or
his designee in accordance with present practice.
E. An employee who terminates their employment with the Board, or
whose employment is terminated by the Board, shall be entitled to
vacation time and/or vacation pay on a prorated basis.
F. 1. Except as provided for within Paragraph F-5 of this
article, a maximum of two (2) firefighters shall be permitted to
be off on vacation, personal, holiday, compensatory or other
scheduled leave at one time.
2. Except as provided for within Paragraph F-5 of this article, a maximum of one (1) fire officer shall be permitted to be off on vacation, personal, holiday, compensatory or other scheduled leave at one time.
3. Except as provided for within Paragraph F-5 of this
article, a maximum of three (3) firefighters shall be permitted
off on vacation, personal, holiday, compensatory or other
scheduled leave at one time if no fire officer is scheduled to be
on vacation leave.
4. The above shall not be impacted in any way by other
bargaining unit members temporarily assigned to training, union
and/or other administrative leave or other temporary assignments
so long as the minimum roll call established pursuant to the
public employers managerial prerogative is met.
5. Any bargaining unit member making application for
vacation, personal, holiday, compensatory or other scheduled
leave, over and above that in Paragraphs F-l through F-3, shall be
conditionally approved, subject to roll call and the manpower
needs of the fire district. Any bargaining unit member
conditionally approved for leave must contact the on duty officer
in charge at his/her work station between 0600 and 0615 hours on
the conditionally approved day off in order to confirm approval of
his/her leave.
6. If roll call and manpower falls below that determined to be necessary by the fire district, any conditional approval of leave may be rescinded. The last application submitted shall be the first rescinded. Any bargaining unit member ordered to work as a result of conditional leave being rescinded shall report to his/her duty station no later that 0700 hours. Leave time to cover the period of absence shall be charged to the member's leave balance as appropriate.
ARTICLE XV SEPARATION, DEATH AND RETIREMENT
A. Employees shall retain all pension rights as firefighters as
provided by all applicable laws.
B. Employees retiring either after twenty-five (25) years of
service pursuant to N.J.S.A. 43:16A-5, or a result of a disability
pension, whether work-connected or not, shall be paid for all
accumulated holidays, vacation and other compensatory time as
provided in this Agreement. Said payments shall be computed at the
rate at the time of retirement based upon the base annual
compensation.
C. Employees intending to retire on other than disability
pension shall accordingly notify the Board by September 1st of the
previous year in which said retirement is to become effective.
D. In the event of an employee's death, their estate or legal
representative shall be paid for all accumulated holidays,
vacation or other compensatory time as provided in this Agreement.
Payments shall be made at the employee's rate of pay at the time
of their death.
E. In the event of an employee's separation from service for any
reason not set forth in Section B or D above, all accumulated
compensatory time shall be paid at the rate of pay at the time of
separation to the employee.
F. For benefits payable in the current year in all cases of
separation, death while not in the line of duty or retirement, all
vacation, holiday, and other compensatory time shall be pro-rated
as of the first of the month if the resignation, death or
retirement is effective after the fifteenth (15th) of the month.
Benefits shall be pro-rated on the calendar year from January 1st
through December 31st.
G. For benefits payable in the then current year in all cases
where the employee died while in the line of duty, all vacation,
holidays, sick leave days, and other compensatory time which would
have accrued for the entire calendar year (in the year of the
employee's death), shall be payable to the employee's estate or
legal representative.
H. Separation shall be defined as any permanent cessation of employment, but shall not be deemed to include temporary leaves of absence, vacation, layoffs, or other temporary leaves.
A. Sick leave with pay shall be earned at the rate of one (1)
day per month during the first calendar year of employment, and
fifteen (15) days per year for each year of employment thereafter.
Unused sick leave shall be cumulative from year to.year. There
shall be no compensation for unused accumulated sick leave.
B. Sick leave is hereby defined to mean absence by an employee
by reason of personal illness, illness within the immediate
family, observance of quarantine, or as a result of a disabling
injury not compensated under Article XVII.
C. 1. Employees may, at the Board's sole discretion, be
required to furnish a doctor's certificate to substantiate a
request for approval of sick leave when sick leave exceeds three
(3) consecutive work days.
C. 2. Employees may, at the Board's sole discretion, be
required to furnish a doctor's certificate to substantiate a
request for approval of sick leave when said time is used for
Family Leave that exceeds three (3) consecutive work days.
D. The Board may, at the Board's sole discretion, require the
employee to submit acceptable medical evidence of proof of illness
whenever such a requirement appears reasonable to the Board.
E. 1. The Board may, at the Board's sole discretion, require
an employee to be examined by a physician designated and
compensated by the Board as a condition of the employee's
continuation of sick leave or return to work.
2. The Board may require, at its sole discretion and
subject to HIPAA and/or any other law or regulation, an employee
to provide copies of all medical records relevant to the illness
or injury at issue, at the Board's expense, to-a doctor mutually
agreed upon by the Board and Association. Any requested
information shall be provided to the mutually agreed upon doctor
prior to the examination.
3. Any information provided will be protected subject to
the employee's expectation of privacy.
4. The Board shall not unreasonably exercise its managerial
prerogative regarding this subject.
5. Any report issued by a doctor regarding this subject
shall be limited to "Fit For Work" or "Unfit For Work".
6. In the event that the employer requires an employee to be examined by a physician as a condition of the employee's return to work, the employee who, in accordance with the Temporary Light Duty provisions of this agreement, is capable of performing alternative duty assignments, shall be placed on temporary light duty from the time the employee returns to work until examined and determined fit for duty.
F. In order to receive compensation while absent on sick leave,
an employee shall report their absence to the Fire Chief or his
designee at least one (1) hour prior to the start of their shift,
if possible.
G. In case of sick leave due to contagious disease or to care
for a seriously ill member of the employee's immediate family,
reasonable proof may, at the Board's sole discretion, be required.
H. An employee who has exhausted their accumulated sick leave may, with the Board's approval, charge additional days of absence to vacation or personal days, or compensatory time, if available.
1. 1. Employees retiring after twenty-five (25) years of service
shall be paid for thirty percent (30%) of all accumulated sick
days as provided in this Agreement. Said payments shall be
computed at the rate of pay at the time of retirement based upon
the base annual compensation.
2. Employees retiring on disability retirement pursuant to the
Police and Firemen's Retirement System shall be paid for all
accumulated sick days as provided in this Agreement.
3. In the event of an employee's death, their estate or legal
representative shall be paid for all accumulated sick days as
provided in this Agreement. Payments shall be made at the
employee's rate of pay at the time of their death.
4. In the event of an employee's separation from service for any
reason not set forth above, the employee shall not be entitled to
any compensation for accumulated sick days.
33
ARTICLE XVII INJURY LEAVE
A. 1. In the event an employee becomes disabled by reason of
service-connected injury or illness and is unable to perform their
duties, then, in addition to any sick leave benefits otherwise
provided herein, he may be entitled to full pay for a period of up
to one (1) year. In the event an employee is granted said injury
leave, the Board's sole obligation shall be to pay the employee
the difference between his regular pay and any compensation,
disability, or other payments received from other sources provided
by the Board. At the employee's option, the employee shall either
surrender and deliver any compensation, disability, or other
benefits to the Board and receive from the Board his entire salary
payment, or in the alternative, the employee may retain the
compensation, disability or other benefits and receive from the
Board only the difference of pay.
2. If an employee returns to work from injury leave for less than
one (1) year, he may return to injury leave for the same injury
for an additional period of time which, when added to the initial
period of injury leave, totals no more than one (1) year.
3. When an employee returns from injury leave, he shall be
entitled to a new period of injury leave for a period of up to one
(1) year if the employee submits a new injury claim due to an
independent event causing re-injury or a new injury.
B. When a employee requests injury leave, he or she shall be
placed on "conditional injury leave" until a determination of
whether or not an injury or illness is work related and the
employee is entitled to injury leave is initially made by the
Board's Workmen's Compensation carrier, with the final
determination, if necessary, to be made by the Workmen's
Compensation Bureau or Court. When and if it is finally determined
that the injury or illness is not work related and that the
employee is not entitled to job injury compensation, the employee
shall be denied injury leave and shall have all time off charged
against his or her accumulated sick time and if necessary, against
any other accumulated leave time. If the employee leaves the
employ of the Board prior to reimbursing the Board for such
advanced time, the employee shall be required to reimburse the
Board for such advanced time.
C. Any employee who is injured, whether slight or severe, while
working, must make an injury report to the Fire Chief or officer
in charge prior to the end of the employee's shift, or, if that is
not medically possible, as soon thereafter as is possible.
D. It is understood that the employee must file an injury report
with the Board Administrator so that the Board may file the
appropriate Worker's Compensation Claim. Failure to so report said
injury may result in the failure of the employee to receive
compensation under this Article.
E. The employee shall be required to present evidence by a
certificate of a physician designated by the insurance carrier
that he is unable to work, and the Board may reasonably require
the employee to present such certificate from time to time.
1. If the Board does not accept the certificate of the
physician designated by the insurance carrier, the Board shall
have the right, at its own cost, to require the employee to obtain
a physical examination and certification of fitness by a physician
appointed by the Board.
a. The Board may require, at its sole discretion.and
subject to HIPAA and/or any other law or regulation, an employee
to provide copies of all medical records relevant to the illness
or injury at issue, at the Board's expense, to the designated
physician. Any requested information shall be provided to the
designated physician prior to the examination.
b. Any information provided will be protected subject
to the employee's expectation of privacy.
c. The Board shall not unreasonably exercise its
prerogative regarding this subject.
2. Any report issued by the designated physician
regarding this subject shall be limited to "Fit For Work" or
"Unfit For Work".
F. In the event the Board appointed physician certifies the
employee fit to return to duty, injury leave benefits granted
under this Article shall be terminated, unless the employee's
physician disputes the determination of the Board's appointed
physician. Then the Board and the employee shall mutually agree
upon a third physician who shall examine the employee. The cost of
the third physician shall be borne equally by the Board and the
employee. The determination of the third physician as to the
employee's fitness to return to duty shall be final and binding
upon the parties. In the event the third physician also certifies
the employee fit to return to duty, injury leave benefits granted
under this Article shall be terminated.
ARTICLE XVIII BEREAVEMENT LEAVE
A. In the event of death of the employee's parents, spouse/
children, brothers or sisters, the employee shall be granted four
(4) consecutive work days off without loss of pay commencing the
day of death.
B. Leave with pay for three (3) days shall be granted in the
case of the death of grandparents, grandchildren, mother-in-law,
and father-in-law.
C. The Fire Chief may grant leave without pay for anyone else
not included.
D. If additional time is required, an employee may use
accumulated personal, compensatory or vacation time as emergency
leave upon approval of the Fire Chief.
E. An employee will request bereavement leave from the Fire
Chief at the earliest practicable time.
F. Proof of death may be required at the Fire Chief's
discretion.
36
ARTICLE XIX MILITARY LEAVE
A. Military leave shall be granted pursuant to State and Federal Statues and Regulations, upon Department of Personnel; regulations.
37
ARTICLE XX LEAVE OF ABSENCE
A. Leave of absence'without any pay> in the discretion of-the
Board, may be granted for good cause to any employee who has
completed their probationary.period.
B. Leave of absence can be any specified time period up to a
maximum of one (1) year.
C. During a leave of absence, the Board will not be responsible
to provide the employee with the benefits provided within Article
XXV. However, if the employee wishes that coverage is extended to
him during that leave, the Board will provide it but it must be
paid by the employee prior to the Board being billed.
38
DPJ>
A. All employees shall retain all pension rights afforded to them under the Public Employees Retirement System and/or the Police and Firefighters Retirement System.
39
ARTICLE XXII JOB DESCRIPTION AND DUTIES
A. The job descriptions and duties for all members of this
bargaining unit shall be accordance with each employee's job title
as set forth by the New Jersey State Department of Personnel,
N.J.S.A. Titles 11 and 11-A.
B. The Board will maintain on file in the Board office a
complete and current Department of Personnel job descriptions for
all required positions.
C. The Board will supply a copy of the most current job
description to an employee when hired and at any time thereafter,
if the job description should change.
40
ARTICLE XXIII CLOTHING ALLOWANCE
A. The Board will issue to all newly hired employees all
uniforms and turnout gear according to the clothing allowance as
set forth in Appendix A attached hereto. All clothing shall meet
N.F.P.A. and O.S.H.A. requirements.
B. Each successive year, each employee shall receive replacement
items upon employee request, if in the opinion of the Fire Chief
or his designee, an item requires replacement. Replacement items
will be ordered and/or received by the employee within five
working days. The employee as soon as reasonably possible will
receive replacement items that are ordered.
C. The Board will be responsible for the cost of changes in
uniform and turnout gear damaged or contaminated in the line of
duty.
D. Uniforms shall be worn on all duty hours except during
physical fitness time. When working in and around stations and
grounds, the uniform shirt may be removed (but employee must wear,
undershirt). The Fire Chief shall determine the proper uniform for
the work being performed.
E. The Board will provide its employees with all turnout gear
and equipment that meet or exceed the requirements of N.F.P.A. and
O.S.H.A.
41
ARTICLE XXIV TRAVEL EXPENSES
A. Employees shall be reimbursed at the Internal Revenue Service rate for reimbursement for using their personal automobile when so ordered and required by the Board, and shall be reimbursed for all non-vehicular expenses in connection with their official duties. Any such expenses must be appropriately documented as a condition of reimbursement.
42
ARTICLE XXV HOSPITALIZATION AND MEDICAL BENEFITS
A 1. All existing hospital and medical benefits provided to employees and their families shall be retained and continued in full force and effect.
A 2. The fire district may, at its sole discretion, switch hospitalization and medical benefits to the New Jersey State Health Benefits Program.
B. Any other changes to the current plans and/or provider must be negotiated with and approved by the Association. The employees shall not have any reduction in its current coverage.
C 1. Upon retirement with twenty (20) years of service, each
retiree shall receive retirement health care benefits at a maximum
cost to the fire district of $2,500 per calendar year.
C 2. Retirement health care benefits will be continued until the
death of the retiree.
C 3. The $2,500.00 maximum per calendar year retiree health care
benefit shall be increased annually according to the Consumer
Price Index.
D. In the event of an employee's separation from the District,
hospitalization and medical benefits shall be continued for a
period of one (1) month at the District's expense.
E. Retirees receiving health care benefits from other employment
or their spouse's employment shall not be eligible to receive
benefits pursuant to Paragraph C of this article.
F. Retirees participating in the retirement benefits program
outlined in Paragraph C and then suspending participation in the
program may return to the program with retiree benefits being
resumed at the level maintained when the retiree left the program.
A. The Fire Chief or designee shall maintain a separate file to
be known as the "Communicable Disease File" in which employees
responding to fire rescue alarms in which contact and/or working
in close proximity to the victims with communicable diseases and
their body fluids shall be recorded in the C.D.F. at the
completion of each alarm. It shall be the employee's
responsibility to notify the officer in charge and initial the
completed C.D.F. form.
B. If the employee is diagnosed with the AIDS Virus or any other
communicable disease, the C.D.F. form shall establish a rebuttable
presumption that the employee is eligible for injury leave
pursuant to Article XVII.
44 ARTICLE XXVII SAFETY CLAUSE
A. There: will be a committee appointed by the President of the
Association which will be permitted to offer in writing any
information approved by the Association to the Fire Chief for the
purchase of equipment, turnout gear, uniform, and apparatus. This
is also to include refurbishing equipment or apparatus, and
altering or constructing new fire stations, and other matters
relating to safety.
B. The Association will supply the Fire Chief with a copy of the
minutes of the Safety Committee meetings.
45
ARTICLE XXVIII PROMOTIONS
A. When the Board determines to create a promotional position(s), a notice will be posted, with a copy provided to the Association, advising of the nature of the position and the qualifications required therefore. All promotions will be made in accordance with N.J.S.A. 11 and 11-A, State of New Jersey, Department of Personnel.
46
A. The Association shall have the sole use of the designated
Association bulletin board or portion of a bulletin board in each
station for the sole purpose of posting notices relating only to
matters of official business of all fire organizations and other
employee related matters.
B. Only material authorized by the signature of the Association
Representative, President, or Shop Steward shall be permitted to
be posted on said bulletin board.
C. The Board may require the Association to remove, from the
bulletin board, any material that does not conform with the intent
of the above provisions of this Article. Said material will be
kept on file with the Association.
ARTICLE XXX SERVICE RECORDS
A. A personnel file,shall be established and maintained for each
employee covered by this Agreement. Such files are confidential
records and shall be maintained by the Board, and may be used for
evaluation purposes by the Fire Chief, Administrator or Board
only.
B. Upon advanced written notice and at reasonable times, any
employee may review his or her personnel file. However, this
appointment for review must be made through the Fire Chief.
C. Whenever a written complaint concerning an employee or his or
her actions is to be placed in this personnel file, a copy shall
be made available to the employee and he or she shall be given the
opportunity to rebut it if he or she so desires. The employee
shall be permitted to place said rebuttal in his or her file.
D. When an employee rebuts and is found innocent of said
complaint, the written complaint must be removed from the
employees file, and any and all other files within five (5)
working days.
E. All personnel files will be carefully maintained and
safeguard permanently and nothing placed in any files shall be
removed therefrom except as provided in Section D above or by
mutual agreement.
F. Maintenance of the personnel files will be accordance with
the Archives Laws of the State of New Jersey.
48
PRINTING AND SUPPLYING AGREEMENT
A. Tills Agreement and any future agreement shall be copied and supplied to each employee by the Board within forty-five (45) calendar days of execution at no cost to the employee.
49
ARTICLE XXXII STATUTORY AND LEGAL RIGHTS
A. Nothing contained herein shall be construed to deny or restrict the Board or the employee from the exercise of its or their rights under R.S. 34:13A, R.S. 40, 40A or any other national, state, county or local laws or ordinances pertaining to the employee covered by this Agreement.
50
ARTICLE XXXIII
SEPARABILITY AND SAVINGS
A. If any provision of this Agreement or any application of this Agreement to any employee or group of employees is held invalid by operation of the law or by court or other tribunal of competent jurisdiction following the valid adoption of this Agreement, such provision shall be inoperative, but all other provisions shall not be affected thereby and shall continue in full force and effect.
51
ARTICLE XXXIV
MAINTENANCE OF BENEFITS
A. Except as this Agreement shall otherwise provide, all terms
and conditions of employment applicable on the effective date of
this Agreement shall continue to be so applicable during the terms
of this Agreement.
B. All rights, privileges, and working conditions enjoyed by the
employees, beginning on the effective date of this Agreement,
which are not included in this Agreement, shall remain in full
force, unchanged and unaffected in any manner during the term of
this Agreement, unless changed by mutual consent.
52
EMERGENCY MEDICAL SERVICES
A. If, in the future, it is"discovered that engaging in BLS unit
work precludes employees from binding interest arbitration, then
BLS unit work will cease. Employees ceasing to perform BLS unit
work will no longer be entitled to any compensation received for
performing such work.
B. If, in the future, it is discovered that engaging in BLS unit
work precludes employees from participating in the Police and
Firemen's Retirement System, then BLS unit work will cease.
Employees ceasing to perform BLS unit work will no longer be
entitled to any compensation received for performing such work.
C. In the event of such discovery, any discontinuation of such
work will be held in abeyance pending any appeal process initiated
by the Board provided such stay is approved by the Police and Fire
Retirement System Board of Trustees.
A. All Firefighter's and Fire Officers shall maintain a Fire
Inspectors license.
B. The assignment of bargaining unit members to fire inspector
certification training shall be subject to the terms of the
Memorandum of Agreement executed by and between the Union and
District and attached hereto as Appendix B.
C. If, in the future, it is discovered that engaging in fire
inspection work precludes employees from Binding Interest
Arbitration, then fire inspection work will cease. Employees
ceasing to perform fire inspection work will no longer be
entitled to any compensation received for performing such
work.
D. If, in the future, it is discovered that engaging in fire
inspection work precludes employees from participating in the
Police and Fireman's Retirement System, then fire inspection
work will cease. Employees ceasing to perform fire inspection
work will no longer be entitled to any compensation received
for performing such work.
E. In the event of such discovery, any discontinuation of such
work will be held in abeyance pending any appeal process
initiated by the Board provided that such stay is approved by
the Police and Fire Pension System Board of Trustees.
A. All employees shall be granted time off without loss of pay, vacation time or other compensatory time for jury duty. The employee must be scheduled to work in order to receive administrative leave for jury duty.
55 ARTICLE XXXVIII ACTING OUT OF TITLE
A. When the District determines substitute supervisor coverage
to be necessary, Fire Officers will be given the opportunity to
work overtime, compensated at a rate of time and half of their
regular rate, prior to the designation of any acting officer.
Officer overtime will be offered on a rotational basis.
B. Firefighters acting in the place of a supervisor shall be
compensated at the hourly rate of Fire Captain for all hours
worked in the acting capacity. Designation of replacements will be
offered on a rotational basis.
56
A. Employees shall be granted emergency leave for a bona fide emergency situation that requires their release or absence from work. All emergency leave will be charged, at the employee's option, against the employee's vacation, personal or compensatory time balance.
57
FULLY BARGAINED AGREEMENT
A. This Agreement represents and incorporates the complete and
final understanding and settlement by the parties of all
bargainable issues that were or could have been the subject of
negotiations.
B. The parties acknowledge that during the negotiations that
resulted in this Agreement, each had the unlimited right and
opportunity to make demands and proposals with respect to any
matter or subject not removed by law from the area of collective
bargaining and that the understandings and agreement arrived at by
the parties after the exercise of that right and opportunity are
set forth in this Agreement.
C. This Agreement shall not be modified in whole or in part by
the parties except only by an instrument, in writing, executed by
both parties.
D. It is the intent of the parties that the provisions of this
Agreement will supersede all agreements and understandings, oral
or written, expressed or implied, between the parties and shall
govern their entire relationship and shall be the sole source of
any and all rights or claims which may be asserted in arbitration
hereunder or otherwise. The Board and the Association, for the
life of this Agreement, hereby waive any rights to request to
negotiate or bargain with respect to any matters contained in this
Agreement. It is mutually understood that this clause is a clear
waiver as to any right or claim not expressed in this Agreement.
A. This Agreement supersedes any and all other agreements, ordinances, resolutions and/or directives dealing with working conditions and terms and conditions of employment which are inconsistent with the terms of this Agreement.
59
NEW JERSEY STATE DISABILITY BENEFITS PROGRAM
1. The Board of Fire Commissioners, by approval of this
agreement, shall elect voluntary temporary disability insurance
coverage under the State Plan effective January 1, 2003 by
filing written notice of such election with the State of New
Jersey, Department of Labor, Division of Employer Accounts.
This coverage shall be applicable to all employees of the Board
who are deemed under law to be covered by the New Jersey
Unemployment Law.
2. The cost of obtaining this coverage is by law, divided
between the employer and the employee. For example, for the
period January 1, 2002 through June 30, 2002, the employer
contribution rate was one half of one percent of the taxable
wages paid (Subject to a taxable wage base).
3. All employees subject to this agreement, and all other
district employees must agree to make contribution toward
financing to ensure the Board's inclusion in the Temporary
Disability Benefits program.
4. All employees subject to this agreement consent to the
contribution to the program and do hereby authorize the Board to
take deductions from their salary as provided by law to ensure
participation in the program.
1.
60 ARTICLE XXXXIII
A. Four (4) consecutive work days sick leave may be utilized for spousal maternity leave. Additional time may be obtained as emergency leave if needed. Any emergency leave taken will be applied to the employee's vacation, personal or compensatory time balance.
61
LABOR MANAGEMENT COMMITTEE
Authorized representatives of the District and Association shall meet at mutually agreeable times on an as needed basis to discuss matters of mutual concern.
62
ARTICLE XXXXV DURATION, TERM AND RENEWAL
THIS AGREEMENT shall be effective January 1, 2002 and shall remain in full force and effect through December 31, 2005. It shall automatically be renewed from year to year thereafter, unless either party shall notify the other, in writing, before one hundred twenty (120) calendar days prior to the termination date, that it desires to modify this Agreement. In the event such notice is given, negotiations shall begin no later than ninety (90) calendar days prior to the termination date. This Agreement shall remain in full force and effect during the period of negotiations.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first set forth above.
BOARD OF FIRE COMMISSIONERS VOORHEES FIRE DISTRICT # 3
I.A.F.F. AFL -CIO
LOCAL 3249
WITNESS:
APPENDIX A
CLOTHING ALLOWANCE LIST
A. The clothing list shall be as follows:
6 short sleeve shirts
6 long sleeve shirts
6 tee shirts
5 pair of pants
2 badges
1 belt
1 name plate
1 winter/spring coat
1 collared sweat shirt (Job Shirt)
Station footwear:
At the employee's option, two (2) $110. per pair maximum expenditures or one (1) $220. expenditure by the Board.
B. The designated fire district uniform will be mutually agreed upon by the Board and the Association.
64
Appendix B
Memorandum Of Agreement
Between
Camden County Uniformed Fire Fighters Association
I.A.F.F. Local 3249
A.F.L.-C.I.O.-C.L.C.
And
Board of Dire Commissioners
Voorhees Township Fire District
Camden County, New Jersey
This Memorandum of Agreement by and between the Camden County Uniformed Fire Fighters Association, I.A.F.F. Local 3249 ("Local") and Voorhees Township Fire District ("District") represents the agreement on the matters relative to Fj-r^^n^p^e^tj-on^Certification and duties.
1. As of January 1, 1999, the Voorhees Fire District will require
all new employees to have and maintain a minimum N.J. Division of
Fire Safety Fire Inspector Certification.
2. As of January 1, 1999, the Voorhees Fire District will require
all present employees who are' not N.J. Division of Fire Safety
certified to immediately enroll in the appropriate and necessary
classes to obtain said certification.
3. All employees, as a condition of continued employment, will be
required to maintain a N.J. Division of Fire Safety Inspector
Certification.
4. Assignment as a Fire Inspector shall be on an equitable
rotational basis, the procedure to be mutually agreed upon by the
District and Local. Fire inspections will not be assigned
simultaneously with BLS ambulance duty.
Fire Inspection Certification and Duties M.O.A. - Page 2 of 2
5. Those employees not certified will be given the opportunity to
become certified. Such opportunity will be scheduled by the
District and the cost will be covered by the District. Employees
will be compensated for attending classes on off-duty time.
Classes scheduled, while an employee is on-duty, will be attended
by the employee, as part of their regularly scheduled time on-
duty. The District may, pursuant to the applicable provisions of
the current collective bargaining agreement, reassign employees
from their regular duty assignment to training. The District and
Union agree that study time will also be provided for employees
enrolled in classes.
6. The current practice of certification maintenance via
continuing education will continue.
7. The appropriate District and Local representatives will meet
to formulate the assignment procedure, as well as determine the
timetable for scheduling the upcoming certification courses.
5.
66Appendix C MEMORANDUM OF AGREEMENT
Between
Camden County Uniformed Fire Fighters Association
I.A.F.F. Local 3249
A.F.L.-C.I.O.-C.L.C. i
and
Board of Fire Commissioners
Voorhees Township Fire District
Camden County, New Jersey
This Memorandum of Agreement by and between the Camden County Uniformed Fire Fighters Association, I.A.F.F. Local 3249 ("Local") And the Voorhees Fire District, ("District") represents the full and agreement between the Local and District concerning matters relating to Temporary Light Duty.
The Local and District agree as follows:
I. The purpose of this agreement shall be to establish the
District's authority to assign employees to temporary light duty
assignments and establish procedures for granting temporary light
duty to eligible employees.
II. Temporary light duty assignments, when available, are for
employees who, because of injury, illness or disability, are
temporarily unable to perform their regular assignments but who
are capable of performing alternative duty assignments. The use
of temporary light duty can provide employees with an opportunity
to remain productive while convalescing as well as provide a work
option for employees who may otherwise risk their health and
safety or the safety of others by remaining on duty when
physically or mentally unfit for their regular assignment.
Therefore, eligible employees will be given a reasonable
opportunity to work in temporary light duty assignments where available and consistent with this agreement.
67
Temporary Light Duty M.O.A. - Page 2 of 2
III. A. Upon request of an employee through the Chief, upon the request of the Chief for any employee on sick leave, or at the direction of the Chief for any employee absent due to a work connected injury eligible for Workers' Compensation, a physician appointed or approved by the District shall examine the employee and render a written opinion as to the employee's ability to perform light duty assignments as described by the Chief. The District shall bear the entire cost of the examination except in the case where an employee requests a light duty assignment. An employee's request for such an examination will be honored only if the District, in its sole discretion, determines that the employee is otherwise eligible for a light duty assignment and such an assignment is available. The physician's opinion shall consider the likelihood of exacerbation of the existing condition during performance of said light duty assignment, as well as the employer's ability to perform.
B. The decision as to whether a light duty assignment is
available and the length of such an assignment shall be at the
sole discretion of the Chief. Employees absent due to a work-
connected injury eligible for Worker's Compensation shall have
priority for all light duty assignment. Other employees working
light duty assignments may have such assignments terminated by the
District to give light duty assignments to employees absent due to
a work-connected injury eligible for Worker's Compensation. Such
decisions shall be at the sole discretion of the District.
C. The decision of the District as to the availability of
light duty assignments and/or the length of such assignments shall
be final and at the District's sole discretion.
D. In the event a female employee becomes pregnant, she shall be permitted to perform light duty assignments as described by the District upon written documentation from her physician and only if the District, in its sole discretion, determines that the employee is otherwise eligible for a light duty assignment and such an assignment is available. Said light duty shall be performed until her physician requires that she stop work, until the District determines, in its sole discretion, that she is no longer eligible for light duty assignments, such light duty assignments are no longer available and/or another employee is given priority for such light duty assignments.
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