AGREEMENT
Between
TOWNSHIP OF ROCKAWAY
MORRIS COUNTY, NEW JERSEY
and
MORRIS COUNCIL VI, N.J.C.S.A.
(White Collar)
January 1, 2014 through December 31, 2017
TABLE OF CONTENTS ARTICLE PAGE NO.
I. RECOGNITION WC-1
II. NEGOTIATION PROCEDURES WC-2
III. ASSOCIATION REPRESENTATIVES WC-4
IV. GRIEVANCE PROCEDURE WC-5
V. NO-STRIKE PLEDGE WC-8
VI. NON-DISCRIMINATION WC-10
VII. DEDUCTION FROM SALARY WC-11
VIII. MANAGEMENT RIGHTS WC-12
IX. SALARIES AND WAGES WC-14
X. EDUCATIONAL REIMBURSEMENT WC-15
XI. TRAVEL REIMBURSEMENT WC-16
XII. HOURS AND OVERTIME WC-17
XIII. HOLIDAYS AND PERSONAL TIME WC-19
XIV. HEALTH, MEDICAL, LIFE INSURANCE
AND OTHER BENEFITS WC-20
XV. SICK LEAVE WC-24
XVI. BEREAVEMENT LEAVE WC-28
XVII. VACATION WC-29
XVIII. UNIFORMS WC-31
XIX. FULLY BARGAINED PROVISION WC-33
XX. SEPARABILITY AND SAVINGS WC-33
XXI. CIVIL SERVICE PROVISION WC-33
XXII. DURATION OF AGREEMENT WC-34
PREAMBLE This Agreement entered into this 13th day of January, 2015 by and between the TOWNSHIP OF ROCKAWAY, in the County of Morris, New Jersey, a municipal corporation of the State of New Jersey, (hereinafter called the “Township”), and Morris Council No. 6, N.J.C.S.A. (hereinafter called the “Association), represents the complete and final understanding on all bargainable issues between the Township and the Association.
ARTICLE I
RECOGNITION The Township hereby recognizes the Association as the exclusive negotiating agent for all full-time and permanent part-time White Collar employees of the Township, including professionals and supervisors, but not excluding managerial executives, confidentials, craft employees and police.
WC-1
ARTICLE II
NEGOTIATION PROCEDURES
WC-4
ARTICLE IV
GRIEVANCE PROCEDURE Definitions
The term “grievance” means a complaint by an employee that, as to him/her, there has been inequitable, improper, or unjust application, interpretation, or violation of this Agreement.
An “aggrieved person” is the person or persons making the claim.
A “party of interest” is the person or persons making the claim and any person(s) who might be required to take action or against whom action might be taken in order to resolve the claim.
“Employee” is defined as a full-time or permanent part-time employee represented by the Association.
New Jersey Civil Service Association Morris Council No. 6 Grievance Committee is the Association’s Committee on Professional Rights and Responsibilities.
Purpose
The purpose of this procedure is to secure, at the lowest possible level, equitable solutions to the problems which may, from time to time, arise effecting employees of the Township, solely restricted to the terms and conditions of this Agreement and Civil Service Rules and Regulations. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of the procedure.
WC-5 The procedure shall be as follows:
An aggrieved person shall notify the Department Head in writing of the nature of the grievance within ten (10) days of the event giving rise to the grievance. Within five (5) days of receipt of the notice, the Department Head shall meet with the aggrieved person and attempt to adjust or resolve such grievance. The Department Head shall render his decision, in writing, within five (5) days after such meeting.
If the grievance is not resolved to the satisfaction of the aggrieved person, he/she may present the grievance to the Business Administrator, in writing, within ten (10) days after receipt of the decision of the Department Head. The notice shall set forth the nature of the grievance and the reasons he/she is dissatisfied with the decision of the Department Head. In the case of disciplinary action grievances, the written notice to the Business Administrator shall be presented within ten (10) days after receipt of the decision of the Department Head. The Business Administrator shall arrange to meet with the aggrieved person and attempt to adjust or resolve such grievance. The Business Administrator shall render his decision, in writing, within ten (10) days after such meeting.
If such grievance is not resolved to the satisfaction of the aggrieved person, the Association may, within fifteen (15) days after receipt of the Business Administrator’s decision, notify the Business Administrator, in writing, that the Association wishes to take the matter to binding arbitration.
WC-6
Within ten (10) days after service of such written notice of submission to arbitration, the Business Administrator and the Association shall select a mutually acceptable arbitrator according to the rules and procedures of the New Jersey State Board of Mediation. However, no arbitration shall commence within thirty (30) days of the Business Administrator’s decision. If during such time the grieved elects to pursue the Civil Service appellate remedies, the matter shall be withdrawn from arbitration and no arbitration hearing shall be held.
The arbitrator selected shall hold hearings promptly and shall issue his decision not later than twenty (20) days from the date the final statements and proofs on the issues are submitted to him/her. The arbitrator’s decision shall be in writing and shall set forth his/her findings of fact, reasoning and conclusions on the issues submitted. The decision of the arbitrator shall be submitted to the Business Administrator and the Association and shall be binding on the parties.
All the cost of the arbitration, including the costs of services of the arbitrator, but not including any attorney’s fees, shall be borne equally by the Township and the Association.
WC-7
ARTICLE V
NO-STRIKE PLEDGE
The Association covenants and agrees that during the term of this Agreement, neither the Association nor any person acting in its behalf will cause, authorize, or support, nor will any of its members take part in any strike (i.e., the concerted failure to report for duty, or willful absence of any employee from his/her position, or stoppage of work or abstinence in whole or in part, from the full, faithful and proper performance of the employee’s duties of employment), work stoppage, slowdown, walkout or other job action against the Township. The Association agrees that such action would constitute a material breach of this Agreement.
In the event of a strike, slowdown, walkout or other job action, it is covenanted and agreed that participation in any such activity by any Association member shall entitle the Township to invoke any of the following alternatives:
Withdrawal of dues deduction privileges.
Such activity shall be deemed grounds for termination of employment of such employee or employees, subject, however, to the application of the Civil Service Law.
The Association will actively discourage and will take whatever affirmative steps are necessary to prevent or terminate any strike, work stoppage, slowdown, walkout or other job action against the Township.
WC-8
Nothing contained in this Agreement shall be construed to limit or restrict the Township in its right to seek and obtain such judicial relief as it may be entitled to have in law or in equity for injunction or damages or both in the event of such breach by the Association or its members.
WC-9
ARTICLE VI
NON-DISCRIMINATION
There shall be no discrimination by the Township or the Association against an employee on account of race, color, creed, sex, age, national origin, ancestry, marital status, handicap, political affiliation or association activity.
There shall be no discrimination, interference, restraint, or coercion by the Township or any of its representatives against any of the employees covered under this Agreement because of his or her membership or non-membership in the Association or because of any lawful activities by such employee on behalf of the Association. The Association, its members and agent, shall not discriminate against, interfere with, restrain or coerce any employees covered under this Agreement who are not members of the Association.
WC-10
ARTICLE VII
DEDUCTION FROM SALARY
WC-12
Management will post a notice on all municipal bulletin boards whenever a vacancy in an existing position occurs or whenever a new position is established. In addition, this same notification shall be forwarded to each Shop Steward in each unit. Such notice is intended to alert employees of an available position within the Township.
WC-13 ARTICLE IX
SALARIES AND WAGES
1. There will be a 2.0 % (two percent) across-the-board increase on base salaries, retroactive to January 1, 2014. Effective January 1, 2015, there shall be a 2.0% (two percent) across-the-board increase on base salaries, compounded. Effective January 1, 2016, there shall be a 1.75% (one and three quarter percent) across-the-board increase in base salaries, again compounded. Effective January 1, 2017, there shall be a 1.75% (one and three quarter percent) across-the-board increase in base salaries, again compounded. Any alleged salary inequities which may result from inaccurate Civil Service job descriptions will be dealt with on an individual employee basis through desk audits.
2. Performance appraisals will be developed by the Township and Morris Council VI, cooperatively, in 2015. Distribution of bonuses will be determined based upon the performance appraisals. Represented employees who do not meet expectation will not receive a bonus, employees that meet expectations will receive a bonus of 0.25% in 2016 and 2017. Bonuses will be paid in the first pay period of December.
WC-14
ARTICLE X
EDUCATIONAL REIMBURSEMENT The Township shall reimburse employees for educational costs provided:
WC-16
ARTICLE XII
HOURS AND OVERTIME
The current work week of thirty-five (35) hours shall continue for the life of this Agreement (except for Public Safety Telecommunicators, who shall continue their normal around-the-clock work week.) Employees who work in excess of thirty-five (35) hours in a paid status shall receive time and one half (1 ฝ) for authorized overtime, except for Public Safety Telecommunicators, forty (40) hours shall apply. Paid status for purposes of this Contract shall include any absence from work by an employee for which the employee receives monetary compensation from the Township, as though the employee actually worked. It includes sick, holiday, vacation, bereavement or leave of absence with pay. Such overtime shall be compensated for at the rate of time and one half (1 ฝ). Any overtime worked on Sunday or holidays shall be compensated for at the rate of double time.
An overtime hour will be determined on the basis of anything in excess of fifteen (15) minutes in one-half (1/2 hour intervals for overtime compensation.
Fifteen (15 minute A.M. and P.M. coffee breaks shall be permitted in accordance with current practice.
WC-17
Meal money will be increased from Twelve Dollars ($12.00) per meal to Thirteen Dollars ($13.00) per meal and shall be paid to any employee working two (2) or more consecutive hours of overtime, before or after completing seven (7) consecutive hours, and once again every seven (7)
consecutive hours of overtime worked thereafter. Meal money allowance shall be submitted by the Supervisor within that pay period and reimbursement is to be included in the employee’s next regular pay schedule.
Public Safety Telecommunicators will receive a forty-five (45) minute lunch break and two (2) ten (10) minute coffee breaks.
All White Collar full-time employees shall receive a minimum of three (3) hours overtime pay if called or recalled to work, provided that the employer shall have the right to retain the employee for the minimum period.
White Collar Supervisors shall continue to receive overtime in excess of thirty-five (35) hours a week.
Any employee covered under this Agreement, that is required to possess a Commercial Drivers License (CDL), shall receive two (2) hours off from work to renew the CDL License. This shall be granted without being charged time off.
The Township will reimburse out-of-pocket expenses incurred in maintaining a CDL, including, but not limited to, fingerprinting and physical examination (expenses in excess of insurance coverage).
WC-18
ARTICLE XIII
HOLIDAYS AND PERSONAL DAYS There shall be twelve (12) paid holidays accorded to each employee in this bargaining unit. The following shall be observed by the Township as official holidays:
New Year’s Day Martin Luther King Day
President’s Day Good Friday
Memorial Day Independence Day
Labor Day Columbus Day
Veteran’s Day Thanksgiving Day
Day After Thanksgiving Christmas Day
If a holiday falls on a Saturday, it shall be observed on the preceding Friday. If a holiday falls on a Sunday, it shall be observed on the following Monday.
A. In addition to receiving pay for the above holidays, employees shall be granted five (5) personal days with pay during each year of this three (3) year contract. Personal days may be carried over from year to year in accordance with the procedures established for the carry over of vacation time as set forth in Article XVII, Vacation.
B. Effective January 1, 2015, employees who do not use all of their personal time allowance may add their unused days to their allowance back for the following year. However, in the second year, of the carried over days are not used or sold back in accordance with in Article XV, the days will be forfeited. Employees hired after January 1, 2015 will not be paid for unused personal time upon resignation or retirement from employment.
In addition to the enumerated holidays, the employees shall receive any special unscheduled holidays at the discretion of the Mayor on a one-time basis.
WC-19
ARTICLE XIVHEALTH, MEDICAL, LIFE INSURANCE AND OTHER BENEFITS Effective the first full month following execution of this agreement all Morris Council No. VI members will contribute 1.5% of their base salary, not taxable, toward the New Jersey State Health Benefits premiums. The following is a list of those health, medical, dental, vision, disability, prescription and life insurance benefits provided by the Township under the collective bargaining Agreement:
The Township, at its expense shall provide for all employees, their spouses and eligible dependents enrollment in the New Jersey State Health Benefits Program effective April 1, 1998, including Major Medical and Rider J coverage and the Township shall continue to provide the existing dental, vision, disability, prescription and life insurance presently in existence. The foregoing benefits and enrollment in the New Jersey State Health Benefits Plan shall remain in effect without change except through written agreement of the Association.
Effective January 1, 2010 all Morris Council VI members shall contribute a co-payment of $25.00 (Twenty-five Dollars) per
month, not taxable, for single coverage and a co-payment of $40.00 (Forty Dollars) per month, not taxable, for spouse and/or dependent coverage toward the New Jersey State Health Benefits premium.
Health benefits shall continue upon retirement and the employer will assume the entire cost, including all of the benefits referred to in this
Article XIV, Section A, for retirees who meet one of the three following criteria:
WC-20
One must have at least twenty-five (25) years in the State Pension Plan and must be at least fifty-five (55) years of age.
One must have fifteen (15) years of service with the Township of Rockaway and be at least sixty-two (62) years of age.
One must be retired on disability within a State-administered pension plan or any retirement covered in Chapter 88 Laws of 1974.
Present practices shall continue concerning the foregoing payment.
3. A surviving spouse and/or eligible dependents, at the expense of the Township shall continue to receive all of the benefits referred to in this Article XIV if the retired employees dies. (See attached Side Bar Agreement.)
Employees enrolled in the Medicare Program will be reimbursed for the cost of Medicare Part B, by the Township upon presentation of proof that such cost has been paid by the employee.
Should the State of New Jersey enact into Law an “Opt-Out” provision for those municipalities adopting a Flexible Spending Account Program, the employees and retirees will be entitled to participate in the Program without regard to any pre-existing conditions.
The comprehensive health, medical, life insurance and other benefit programs currently in existence will continue without change except through written agreement of the Association.
New employees hired after January 1, 1999 will be required to co-pay for health benefits upon retirement if they desire continuation of such benefits at the same rate as active employees.WC-21 New employees hired after December 31, 2003 shall co-pay for ancillary medical package (vision, prescription, dental) through payroll deduction. Effective January 1, 2010 the co-pay shall decrease from 50% (fifty percent) to 20% (twenty percent).
A. Effective the first full month following the execution of this agreement the co-payment for the Prescription Plan is as follows:
Retail pharmacy copayments for up to a 30-day supply are $3.00 for generic drugs; $10.00 for brand name prescription drugs without generic equivalents; and $20.00 for brand name prescription drugs where generic equivalent is available.
Mail Order pharmacy copayments for up to a 90 day supply are $5.00 for generic drugs; $15.00 for brand name prescription drugs without generic equivalents; and $30.00 for brand name prescription drugs where generic equivalent is available.
All employees requiring prescription safety glasses shall be reimbursed up to $100.00 for said prescription upon submission of receipts.
Employees hired after January 1, 2010 shall contribute the co-payment that is in effect for active employees at the time of retirement in order to continue to receive the health benefits upon retirement. The employee shall meet one of the following criteria to become eligible for lifetime coverage:
Must work in a full-time capacity for the Township for a period of twenty-five (25) years and must be at least fifty-five (55) years of age.
Must be retired on a disability within a State-administered pension plan or any retirement covered in Chapter 88 Laws of 1974.
Surviving spouse and/or eligible dependents of an employee hired after January 1, 2010 shall contribute the co-payment that is in effect for active employees at the time of the employee’s retirement in order to continue to receive health benefits.
Employees hired after July 1, 2011, shall contribute the total premium in order to continue to receive health benefits upon retirement.
Surviving spouse and/or eligible dependent of an employee hired after July 1, 2011 shall contribute the total premium cost in order to continue to receive health benefits.
The Union is willing to reopen negotiations specific to Article XIV Health, Medical, Life Insurance Benefits if the Township is subject to increased costs as a result of the implementation of the Affordable Care Act excise tax provisions.
WC-23
ARTICLE XV
SICK LEAVE
Sick leave is hereby defined to mean absence from post of duty of an employee because of illness, accident, exposure to contagious disease, attendance upon a member of the employee’s immediate family seriously ill requiring the care or attendance of such employee. A certificate from a qualified physician in attendance shall be required as sufficient proof of need of leave of absence of the employee or the need of the employee’s attendance upon a member of the employee’s immediate family. In case of leave of absence due to contagious disease, a certificate from a qualified physician shall be required.
All employees covered under this Agreement will receive one (1) day of sick leave day per month during the first calendar year of service and fifteen (15) days in the second and all subsequent years’ service. All unused sick leave will be accumulative for length of service.
If an employee, in the line of duty, is incapacitated and unable to work because of an injury, he shall be entitled to injury leave with full pay during the period in which he is unable to perform his duties, as certified by the physician designated by the Township. Such payments shall be discontinued when an employee is placed on disability leave or pension, and reduced by any payment received by Workers’ Compensation.
WC-24 An employee who is ill for an extended period of time or is incapacitated and unable to work due to non-work related injury must use all of his accrued sick time before he is entitled to use the temporary disability insurance provided in Article XIV of this Agreement. Employees are not required to use up their accrued vacation days, personal days, holidays or other paid time off from work before they can avail themselves of this disability benefit.
If an employee is absent for reasons that entitle him to sick leave, his supervisor shall be notified prior to the employee’s starting time. The Township shall prepare a procedure for notification that should be followed in the event of the non-availability of the supervisor.
Failure to so notify his supervisor may be cause for denial of the use of sick leave for that absence and constitute cause for disciplinary action.
Absence without notice for five (5) consecutive working days shall constitute a resignation.
An employee who shall be absent on sick leave for five (5) or more consecutive working days shall be required to submit acceptable medical evidence substantiating the illness. (The Township may require proof of illness of an employee on sick leave. Abuse of sick leave shall be cause for disciplinary action.)
In case of leave of absence due to exposure to contagious disease, a certificate from a qualified physician shall be required.
WC-25
The Township may require an employee who has been absent because of personal illness, a condition of his return to duty, to be examined, at the expense of the Township, by a physician designated by the Township. Such examination shall establish whether the employee is capable of performing his normal duties and that his return will not jeopardize the health of other employees.
Upon cessation of employment with the Township of Rockaway, employees with twenty-five (25) or more years of service shall receive full payment for all unused sick time. Any employee with less than twenty-five (25) years of service shall receive one-half (1/2) pay for all unused sick time. These provisions are subject to the limitations of Paragraph 7A herein.
Employees shall continue to be compensated for a maximum of 1,500 hours of unused sick time that has been accumulated by the employee. While additional sick hours may be accumulated, the employee will not be compensated for these additional hours in accordance with Paragraph 7, above. The employee will be able to sell back additional hours as stated below in Paragraph 8. Current employees with more than 1,500 hours of unused sick time accumulated through 1998, will be permitted to cap their sick time at the level they will reach as of December 31, 1998.
WC-26 The Township agrees to continue a deferred compensation plan, wherein excessive sick, vacation and/or personal time may be applied thereto or reimbursed to the employee. An employee may not sell back more than a total of thirty (30) accumulated days per year. The total may include any combination of sick, vacation and/or personal time. The employee must notify the Business Administrator, in writing, no later than November 1st of the prior year as to how many days will be sold back. Reimbursed time will be payable within (90) days after the budget is adopted by the Rockaway Township Council. A sick leave bank of fifty (50) days must be maintained by each employee to receive benefits cited above. All new employees hired after January 1, 1999 will be allowed to accumulate sick time as described in Article XV. However, no payments for unused sick time will be paid to the employee upon resignation or retirement from employment.
All payments in the calendar year in which employment ceases and calendar years thereafter which are payable to an Employee who ceases employment with the Township shall be subject to the following limitations: The amount payable in any calendar year, when combined with all other compensation paid to such employee by the Township pursuant to this Agreement in that calendar year, shall not exceed the amount which would have been paid to an employee as regular salary in that year the employee ceases employment with the Township. Any excess payment shall be paid to the former employee on the last business day of January in the following calendar year.
WC-27
ARTICLE XVI
BEREAVEMENT LEAVE Employee shall be granted four (4) days off without deduction from pay for a death in the immediate family.
“Immediate Family” means father, mother, stepfather, stepmother, spouse, child, foster child, stepchild, sister, brother, mother-in-law, father-in-law, grandparent of employee, grandchild, brother’s wife, sister’s husband, spouse’s brother and spouse’s sister. It shall also include relatives of the employee residing in the employee’s household.
One day shall be granted for employee’s aunt, employee’s uncle, employee’s niece, employee’s nephew, spouse’s brother’s wife, spouse’s sister’s husband or active co-worker. This one day shall not be charged to sick leave.
The scheduling of bereavement leave, whether before or after the day of the funeral, shall be made in accordance with the individual needs of the employee.
WC-28
ARTICLE XVII
VACATION The following vacation schedule will be in effect for the length of this Agreement.
Ten (10) vacation days per year must be used by all employees. Employees will be allowed to carry over a maximum of seventy-five (75) unused vacation days from year to year.
WC-29
WC-31
A uniform, heavy outer jacket and sweater shall be issued on as “as need” basis for each employee and, in the event shall be replaced once every even year.
All Public Safety Telecommunicators will receive a clothing allowance as follows: Effective January 1, 2014, $ 90.00; effective January 1, 2015, $90.00; effective January 1, 2016; $90.00; effective January 1, 2017, $90.00. This clothing allowance is for the cleaning of all required uniforms and apparel. Each said allowance shall be paid to the employee by the twelfth (12th) pay period.
The current existing practice on uniforms and clothing allowance for nurses shall continue during the term of this contract.
Steel toed work shoes shall be reimbursed up to two hundred and twenty-fie dollars ($225.00) per year to all field inspectors
WC-32 ARTICLE XIX
FULLY BARGAINED PROVISION This Agreement represents and incorporates the complete and final understanding and settlement by the parties on all bargainable issues which were or could have been the subject of negotiations. During the term of this Agreement, neither party will be required to negotiate with respect to any such matter, whether or not covered by this Agreement, and whether or not within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement.
ARTICLE XX
SEPARABILITY AND SAVINGS If any provision of this Agreement or any application of this Agreement to any employee or group of employees is held to be invalid by operation of law or by a court or other tribunal of competent jurisdiction, such provision shall be inoperative but all other provisions shall not be affected thereby and shall continue in full force and effect.
ARTICLE XXI
CIVIL SERVICE PROVISION Nothing herein shall be construed to deny any individual his rights under Civil Service Law and Regulation, Title 11A, and the revised Civil Service Rules, Title IV.WC-33 ARTICLE XXII
DURATION OF AGREEMENT The Agreement shall be for four (4) years commencing January 1, 2014 and terminating on December 31, 2017. Effective the signings of this agreement, it shall remain in effect until December 31, 2017.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals at Rockaway, New Jersey on the _____day of _______________, 2015.
TOWNSHIP OF ROCKAWAY
MORRIS COUNTY, NEW JESREY
WITNESS:
______________________________ By: ______________________________
MORRIS COUNCIL NO. 6, N.J.C.S.A.
(WHITE COLLAR)
WITNESS:
______________________________ By: _____________ญญญญญ______________________
WC-34
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