2
136641
AGREEMENT
BETWEEN
THE TOWNSHIP OF HOWELL
AND
TEAMSTERS LOCAL UNION NO. 469
JANUARY 1, 2003 THROUGH
DECEMBER 31, 2006
APRUZZESE, McDERMOTT,
MASTRO & MURPHY, P.C.
Somerset Hills Corporate Center
25 Independence Boulevard
P.O. Box 112
Liberty Corner, NJ 07938
(908) 580-1776
TABLE OF CONTENTS
ARTICLE I
RECOGNITION¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼ 1
ARTICLE II
HOURS OF WORK¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼ 2
ARTICLE III
OVERTIME¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼ 2
ARTICLE IV
HOLIDAYS¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼. 3
ARTICLE V
VACATIONS¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼.. 4
ARTICLE VI
HOSPITAL AND MEDICAL INSURANCE¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼. 5
ARTICLE VII
SICK LEAVE¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼.. 6
ARTICLE VIII
BEREAVEMENT¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼… 8
ARTICLE IX
JURY DUTY AND MILITARY DUTY¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼..... 8
ARTICLE X
DISCHARGE AND SUSPENSION¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼.. 9
ARTICLE XI
GRIEVANCE PROCEDURE¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼.. 9
ARTICLE XII
UNION DEDUCTIONS¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼.. 11
ARTICLE XIII
SENIORITY¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼...... 12
ARTICLE XIV
NON DISCRIMINATION¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼..¼ 12
ARTICLE XV
MANAGEMENT’S RIGHTS AND RESPONSIBILITIES¼¼¼¼¼¼¼¼¼¼¼¼¼ 13
ARTICLE XVI
UNION BUSINESS…………………………………………………………………… 13
ARTICLE XVII
SALARIES AND WAGES……………………………………………………………… 14
ARTICLE XVIII
SAFETY………………………………………………………………………………… 15
ARTICLE XIX
PERSONAL DAYS……………………………………………………………………… 15
ARTICLE XX
EDUCATIONAL REIMBURSEMENT………………………………………………… 16
ARTICLE XXI
CLOSING OF FACILITY………………………………………………………………… 17
ARTICLE XXII
SAVINGS CLAUSE……………………………………………………………………… 17
ARTICLE XXIII
FURTHER NEGOTIATIONS…………………………………………………………… 17
ARTICLE XXIV
PROBATIONARY PERIOD…………………………………………………………….. 17
ARTICLE XXV
DURATION OF AGREEMENT………………………………………………………… 18
SCHEDULE A…………………………………………………………………………… 20
SCHEDULE B……………………………………………………………………………. 21
THIS AGREEMENT, made and entered into in Howell Township, New Jersey, as if this 1st day of January, 2003, between the Township of Howell, a municipality in the County of Monmouth and State of New Jersey, hereinafter referred to as the “Township” or “Employer” and the Teamsters Local Union No. 469, hereinafter referred to as the “Union” or “Teamsters”.
WITNESSETH:
WHEREAS, it is the intent and purpose of the parties to promote and improve the harmonious and economic relations between the Employer and its employees and to establish a basic understanding relative to rates of pay, hours of work and other conditions of employment consistent with the law and established practices not modified by this Agreement.
NOW, THEREFORE, in consideration of these promises and mutual covenants herein contained, the parties hereto agree with each other with respect to the employees of the Employer recognized as being represented by the Union as follows:
ARTICLE I
RECOGNITION Section 1.
The Employer hereby recognizes the Teamsters Local Union No. 469 as the exclusive representative for collective negotiations on all matters pertaining to wages, hours and other terms and conditions of employment for all regular full time employees designated as Supervisors and as Department Heads employed by the Township, but excluding police, clerical, and Blue Collar employees within the meaning of the Act. Full time is defined to mean all employees whose work averages 35 or more hours per week.
Section 2.
The Township recognizes the Teamsters as the exclusive representative of all employees as defined heretofore as members, pursuant to the attached.
Section 3.
The Employer and the Teamsters agree that continued day-to-day communications are essential in promoting harmonious relations between the parties; therefore, in order to ensure that the Employer communicates with the current elected or appointed representatives, the Teamsters agrees to provide to the Employer the name(s) and title(s) of the Union Official(s) authorized to speak for and in behalf of the unit. This list and any changes to such list will be forwarded to the Township Manager’s office as soon as practicable after such official(s) is designated and, as necessary to maintain a current list of representatives.
ARTICLE II
HOURS OF WORK
Section 1.
The regular workweek for unit employees shall consist of not more than thirty-five (35) hours of work per week, exclusive of a meal period. All work schedules shall include a one-hour meal period.
Section 2.
The work year for payroll purposes shall be the calendar year January 1 through December 31. The established salary will be divided by the number of pays in each calendar year.
ARTICLE III
OVERTIME
Section 1.
Employees called in to work on any day shall receive a two (2) hour minimum, unless such period shall run into the regularly scheduled work day where only the excess time worked shall be considered.
Section 2.
Employees working in excess of forty (40) hours per week may accrue compensatory time at the rate of time and one-half. Supervisors only may accrue compensatory time at the rate of straight time for hours worked beyond thirty-five (35) hours per week through forty (40) hours per week. All documentation of compensatory time earned must be forwarded to the Manager for each pay period. Total accrued compensatory time shall not exceed 120 hours.
Court Administrator - Call Outs - will receive compensatory time at the rate of time and one half per phone call for any calls received during non-working hours. There shall be no limit to total hours accumulated.
No employee is allowed to accumulate compensatory time in excess of the 120 hours.
No employee is allowed to work in excess of the 120 hours accumulated time without the approval of the Manager. Should the Manager determine the work in question is necessary, the hours will be paid at the employees overtime rate. If an employee requests these additional hours, they will be responsible for accounting to the Manager why the banked hours were not depleted in the last thirty (30) days.
Paid time off for vacations, holidays and sick leave will count as time worked towards the 40 hours taken off per week but compensatory time shall not count as time worked for purposes of this Article of the contract.
Section 3.
In the event that the Town Hall is closed early due to weather conditions, all employees who are required to work shall receive equivalent compensatory straight time off.
ARTICLE IV
HOLIDAYS Section 1.
The Township recognizes the following days as paid holidays for which employees actively on the payroll at the time of the holiday will receive a day of pay at straight time without having to perform work:
New Year’s Day Labor Day
Martin Luther King Day Columbus Day
Lincoln’s Birthday General Election Day
Washington’s Birthday Veteran’s Day
Good Friday Thanksgiving Day
Memorial Day Day after Thanksgiving
Independence Day Christmas Day
Section 2.
The workdays prior to the Christmas holiday celebration and the New Year’s celebration will be one-half days. Employees will be required to work until the noon hour. No lunch hour will be permitted on these days.
Section 3.
Holidays falling on Sunday shall be celebrated on the following Monday. Holidays falling on Saturday shall be celebrated on the immediately preceding Friday.
Section 4.
In the event an employee works on a Holiday, with the Manager’s approval, he/she shall receive compensatory time and one-half for hours worked.
Section 5.
Effective January 1, 2004, an employee shall celebrate his//her birthday off the next year with pay if during the previous calendar year he/she has not filed a workers compensation claim with any loss of time from work exceeding four (4) hours.
ARTICLE V
VACATIONS
Vacation entitlement shall be based upon the employee’s date of hire according to the following schedule:
| LENGTH OF SERVICE | NUMBER OF VACATION DAYS |  |
| 0 to 1 year of service | one day per month worked up to ten (10 | |
| | working days |
| After one (1) year to the completion of five (5) | | |
| years of service | | 13 working days |
| After five (5) years to the completion of nine (9) | | |
| years of service | | 15 working days |
| After nine (9) years to the completion of fifteen (15) | | |
| years of service | | 18 working days |
| After fifteen (15) years to the completion of nineteen (19) | | | | |
| years of service | | | 20 working days | |
| After nineteen (19) years to the completion of | | | | |
| twenty-two (22) years of service | | | 22 working days | |
| After twenty-two (22) years of service | | | 25 working days | |
During the first calendar year or portion thereof, an employee shall receive one (1) vacation day for each month worked. Any new employee hired before the 15th day of the month shall be credited with having worked one month for purposes of vacation entitlement. After first thirty (30) days, accrued vacation may be taken. Vacation shall be prorated in the year of termination.
During the year that an employee’s vacation days increase to the next level, the employee shall receive credit for the additional days as of the first of the year.
Section 2.
Vacations may be taken during the contract year subject to prior approval of the Manager. In the event an employee is directed not to utilize his/her vacation days because of pressure of Township business, then the vacation time unused shall accumulate and shall be granted no later than the end of the next succeeding year. In the event that an employee, who has carried over vacation time pursuant to this section, is directed not to utilize the carried over vacation time in the next succeeding year because of Township needs, then the employee shall be paid for the unused vacation time. A maximum of five (5) vacation days may be carried into the next year.
ARTICLE VI
HOSPITAL AND MEDICAL INSURANCE
Section 1.
All full time employees will be provided with hospital and medical insurance currently through the State Health Benefits Program, which provides coverage under the Traditional Plan (1420 Series, Part I-Basis & Part II – Major Medical), or coverage under the Managed Care/Point of Service (NJ Plus Plan) or the Health Maintenance Organization Program, in accordance with State Regulations or Statutes, or substantially similar coverage.
Section 2.
Full time employees will continue to be enrolled in the Township Dental Plan. The Employer will pay the full premium for the employee and one-half (1/2) the dependent unit premium. Enrollment in the dependent unit plan is optional to the employee. Supplementary dental service premium costs will be paid by the employee.
Section 3.
During the term of this Agreement, the Township shall have the right to implement a plan, which would allow employees to, at the employee’s option, decline Township provided medical health insurance coverage and receive compensation in lieu of the benefits. The terms of such a plan shall be determined at the sole discretion of the Township. In no event however, shall the Township compel any employee to participate in the plan if the employee declines participation. Any employee that elects to participate in the plan, shall have the right to re-enroll for medical insurance benefits during open enrollment periods. There shall be at least two open enrollment periods each calendar year, with no limitation on pre-existing conditions.
Section 4.
The Employer reserves the right to change insurance carriers subject to Union review, for equivalent or better coverage. The parties will subject any disagreement under this section only to a special arbitration procedure as follows:
Should a dispute arise as to whether or not the change in insurance carriers and/or policies proposed will be equivalent or better coverage, the matter shall be submitted to binding arbitration in accordance with the arbitration procedures established under the grievance article of this Agreement (Article XI). The decision of the arbitrator shall be in writing, shall be submitted within thirty (30) calendar days of the close of the record and shall be final and binding on all parties pursuant to law.
Section 5.
At the time the Township should change Health Insurance Carriers, HMO and PPO coverage, or the equivalent will be provided for all employees of this unit and their dependents.
Any employee opting to enroll in the Traditional health insurance plan or the equivalent, will be required to pay the difference between the cost of the Traditional plan and the next closest monthly premium plan. This monthly contribution will be deducted from the employees' bi-monthly pay.
Section 6.
Any new employee hired on or after February 8, 2000, will be entitled to single coverage for the first three (3) years of employment in either an HMO or PPO. The employee may opt for Traditional or dependent coverage, at their own cost. After three (3) years, the Township will pickup cost of dependent coverage. Any new employee hired on or after January 1, 2005 who opts for traditional coverage for his/her dependents after the three (3) year wait shall pay the difference between the cost traditional and the cost of NJ Plus.
ARTICLE VII
SICK LEAVE
Section 1.
A. All permanent full time employees covered by this Agreement shall be granted sick
leave with pay of one (1) working day for every month of continuous service on the basis of twelve (12) days per year. The amount of sick leave not taken shall accumulate from year to year. Sick time will not accrue during an employer’s leave of absence. Upon retirement, a minimum of fifteen (15) years with the Township of Howell, or upon elimination by the Township of the position, an employee is entitled to one (1) day’s pay for each two (2) days of accumulated sick leave, up to a maximum of one hundred twenty (120) days of pay, unless terminated following conviction in a criminal court of a premeditated, indictable offense. The amount of sick time is not to exceed the State cap on reimbursement.
B. If an employee does not utilize any sick days during a calendar year, they shall be
credited with an additional two (2) personal days for use the next ensuing year.
C. All employees, upon completing one (1) year of employment, shall be credited with the
entire year’s sick leave, which may be utilized at any time. If an employee exceeds sick leave usage, upon termination said monies are to be deducted from his/her final check.
D. Sick leave may be taken and utilized by employees in one half or full day increments
only.
Section 2.
In all cases of reported illness or disability, the Township, through the Manager, reserves the right to have a physician designated by the Township examine and report on the condition of the patient-employee.
If an employee utilizes seven (7) individual sick days during any calendar year without documentation, any further use of sick time may require a doctor’s note, at the Manager’s discretion.
Any absence of three (3) days or more may require a doctor’s note at Manager’s discretion.
Section 3.
A. A leave of absence may be granted to full time employees who are ill or disabled not
resulting from duties performed during their employment and when such illness or disability is evidenced by a certificate of a physician. A leave of absence shall be granted only when the employee has expended his/her accumulated sick and comp time. No time will be accrued while on leave. Eligible employees may apply for Group Disability Benefits through the Township’s Group Insurance. An employee may purchase sick time back from the Township according to the employee’s rate of pay and the amount that the insurance company provides. For example, the amount of time “bought back” will be whatever the disability check will purchase according to the employee’s daily rate of pay. It is specifically agreed and understood between the parties hereto that the Township shall have sole discretion in determining whether to grant or deny such a leave. A decision to grant or deny such a leave in one case shall not be used as precedent in any later case. Each case shall be decided according to its own merits.
B. The parties agree that an employee’s prolonged absence from work because of not
related injury or disability will not affect his/her seniority for the purpose of layoffs provided the employee has applied for and been granted a leave of absence as provided by this Agreement.
Section 4.
A. When a permanent employee covered by this Agreement is injured or disabled resulting
from or arising out of his/her employment and such injury or disability shall be evidenced by the certificate of a physician designated by the Township Council to examine such employee, the Township Council may, by ordinance pursuant to N.J.S.A. 40A:9-7, grant the injured or disabled employee a leave of absence with pay for a period not exceeding one (1) year. Vacation, personal, sick time is not earned. The employee shall not be charged any sick leave time for the time lost due to the aforesaid injury or disability. It is specifically agreed and understood between the parties hereto that the Township shall have sole discretion in determining whether to grant or deny such a leave. A decision to grant or deny such a leave in one case shall not be used as precedent in any later case. Each case shall be decided according to its own merits.
B. The parties agree that an employee’s prolonged absences from work because of job
related injury or disability will not affect his/her seniority for the purpose of layoffs provided the employee has applied for and been granted a leave of absence as provided by in this Agreement.
C. The parties also agree that the injured or disabled employee’s anniversary will not be
changed due to absences caused by job-related injury or disability.
Section 1.
In the event of the death of a member of an employee’s immediate family, no sick leave, or other leave benefits, shall be charged to the employee for the days necessary to settle personal affairs. There shall be three (3) consecutive working days leave which shall be taken at a time reasonably related to the event of the death. The term “immediate family” for the purposes of this Article shall mean and refer only to the employee’s spouse, child, parent or guardian, brother or sister, parents-in-law, son-in-law, daughter-in-law, grandparents, brother-in-law, sister-in-law, and grandchildren, step children, any in-law relative residing in same house. In the event of a death out of state of one of the above, five (5) bereavement days may be granted. Proof of death may be required.
ARTICLE IX
JURY DUTY AND MILITARY DUTY
Section 1.
When called for jury duty and for the duration of such service, an employee shall be entitled to a temporary leave with pay. During the period of jury duty service, the employee will be expected and required to report for work at such time as his/her presence as a juror is excused.
The Township shall have the right to request certification from the Clerk of the Court setting forth the period of such jury duty service.
Section 2.
The Employer agrees to allow a reasonable period, with pay, to any employee called upon to testify in a legal proceeding in connection with said employee’s official duties as a municipal employee provided a subpoena is legally served upon said employee. It is specifically agreed that an employee who is a plaintiff in any action or who is taking part in any action against the Township shall not be eligible for pay under this Section.
Section 3.
Military leave shall be granted in accordance with the Personnel Ordinance and all applicable state and Federal laws. An employee called to serve an annual active military duty or training will be paid his/her regular salary. The employee will reimburse the Township for any payments or fees received minus any mileage or other travel expenses. The employee shall have the option of reimbursing his/her Township pay in lieu of this repayment. The Township shall have the right to require prior proof of such attendance by military order and proof of payment received.
ARTICLE X
DISCHARGE AND SUSPENSION Section 1.
The Township retains the right to issue a verbal or written reprimand, to demote, suspend, or discharge any employee for just cause. Disciplinary determinations may be appealed in accordance with the grievance procedure herein.
Section 2.
All records of a disciplinary action (verbal warning, written reprimand, or suspension) except for discharge, shall, provided that the disciplined employee received no further disciplinary action for a continuous period of one (1) year, be removed from the employees file after one (1) year.
ARTICLE XI
GRIEVANCE PROCEDURE
Section 1.
A. Purpose:
1. The purpose of this procedure is to secure at the lowest possible level, an equitable solution to problems which may arise affecting the terms and conditions of this Agreement as to an employee.
2. Nothing herein contained shall be construed as limiting the right of an employee having a grievance to discuss the matter informally, with or without Union representation, with any supervisor of the departments and having the grievance adjusted without formal proceedings as long as the resolve is not contradictory to this Agreement.
3. Pending the grievance and the final disposition, the Employee shall continue to work in a regular and orderly manner without interruption.
B. Definition:
The term grievance as used herein means a complaint by an individual employee, group of employees or the Teamsters concerning the interpretation, application or violation of this
Agreement, or a violation of policies, or administrative decisions affecting them.
Only grievances alleging a misinterpretation, misapplication or alleged violation of the expressed terms of this Agreement may be processed beyond Step 2 of this procedure.
C. Grievance Specificity:
A written grievance must identify the grievant by name; set forth a clear and concise statement of the facts constituting the grievance, including the specific action or failure to act alleged; the time and place of occurrence of said act; the employer’s representative whose action or failure to act forms the basis of the grievance; explaining the precise questions of interpretation, application of alleged violation of such provisions underlying the grievance and must set forth the remedy sought.
D. Steps of the Grievance Procedure:
The following constitutes the sole and exclusive method for resolving grievances between the employees of Teamsters covered by this Agreement and shall be followed in its entirety unless any step is waived by mutual consent or resolved on a lower level:
1. Step One Department Head:
a. An aggrieved employee, with the Teamsters, shall submit in writing within seven (7) work days after the aggrieved employee knew or, should have known, of the events giving rise to the grievance, to the Department Head. Failure to act within seven (7) work days shall be deemed to constitute an abandonment of the grievance.
b. The Department or Manager shall investigate and attempt to find a mutually agreeable solution to the grievance and shall render a written decision to the Union and grievant within ten (10) business days from the receipt of the grievance.
2. Step Two Township Manager:
a. In the event a satisfactory settlement has not been reached at Step One or the Department Head fails to respond within the time prescribed, the Union may move this matter to the Township Manager within five (5) business days following receipt of the written decision of the Department Head or within five (5) business days of the decision’s due date.
b. The Township Manager shall either review the grievance, or, if requested, shall hold a meeting with the Union Section Committee and the grievant within ten (10) business days after receipt of the grievance and provide his/her written decision to the Union and grievant within ten (10) business days after receipt or hearing of the grievance.
3. Step Three Arbitration
a. In the event that the grievance has not been resolved at Step 2, or the Township Manager fails to respond within the time period prescribed, the Union may elect to file within thirty (30) calendar days for binding arbitration of the dispute pursuant to the parameter of paragraph 2 of Section B of this Article and other applicable law. It is further provided that there shall be no arbitration concerning the discipline or discharge of a probationary employee. Failure to file a demand for arbitration within the prescribed time limits will constitute an abandonment of the grievance.
b. It is agreed by the parties that no more than one (1) grievance shall be arbitrated before the same arbitrator at one time.
c. The arbitrator shall be chosen in accordance with the rules and regulations of the Public Employment Relations Commission (PERC). The arbitrator shall be bound by the provisions of this Agreement and shall be restricted to the application of the facts presented to him. He shall not have the authority to add to, modify, detract from or alter in any way, the provisions of this Agreement or any amendments or supplement hereto.
d. The arbitrator so selected shall confer with the representatives of the Township and the Union and hold hearings promptly and shall issue his decision not later than thirty (30) days from the date of the submission of briefs, or if oral hearings have been waived, then, from the date the final statements and proofs on the issues submitted to him. The arbitrator’s decision shall be in writing and shall set forth his finds of fact, reasoning and conclusions on the issues submitted. The decision of the arbitrator shall be submitted to the Township and the Union and shall be final and binding on the parties.
e. The costs for the services for the arbitrator, including the per diem expenses, if any, and actual necessary travel and subsistence shall be borne equally by the Union and the Township. Any other expenses incurred shall be borne by the party or parties incurring same.
E. Township Grievance
Grievances initiated by the Township shall be filed in writing directly with the Teamsters Union within the same period set forth in Step One, Paragraph “a”. A meeting between the Township Manager and the Teamster’s representative shall be held within five (5) business days of the receipt of said filing and an earnest settlement shall be reached, if not the procedure set forth in Step Three shall be applied.
F. No Strike No Lock Out:
It is the intention of the parties to settle all differences between the Employer and the Union arising from the interpretation or implementation of this Agreement through the grievance procedures in accordance with the provisions of this Agreement. Therefore, the Employer agrees that it will not lock out its employees, and the Union agrees that it will not sanction, nor will its members engage in a strike, slow down, or work stoppage during the life of this Agreement.
G. Time Limitations:
The time limits set forth herein shall be strictly adhered to. The parties may waive the time limits for any Step herein by written mutual consent executed by the representatives for all affected parties.
ARTICLE XII
UNION DEDUCTIONS Section 1.
The Township shall deduct from the wages of employees the first pay day of each and every calendar month and remit to the Secretary/Treasurer of the Union regular membership dues, assessments, or fines, for those employees who sign authorization cards permitting such payroll deductions.
Section 2.
From the wages of any employee in the bargaining unit who has not signed a dues deduction authorization card after one hundred eighty (180) days of permanent full time employment, the Township will deduct an Agency Fee and/or Maintenance Fee charged each month at the time the regular dues are deducted and remit the deducted Agency Fee and/or Maintenance Fee charge to the Secretary/Treasurer of the Union. The maximum amount of said fees shall be eighty-five (85%) percent of the regular dues and fees.
Section 3.
The Township agrees to deduct and transmit to the Secretary/Treasurer of the Union the amount specified from the wages of those employees who voluntarily authorize such contributions on the forms provided for that purpose by the Teamsters Union. These transmittals shall occur monthly and shall be accompanied by a list of names of those employees for whom such deductions have been made and the amount deducted for each such employee.
Section 4.
The Union will indemnify and save harmless the Township from any and all claims and disputes that may arise of or by reason of action taken by the Township on account of this Article.
ARTICLE XIII
SENIORITY Section 1.
Seniority shall be defined as length of continuous service as a permanent full time employee within the bargaining unit.
Section 2.
In case of layoff, the required reductions shall be made in such job classification or classifications as directed by the Township Council with the lease senior employees in the job classification being laid off at first.
ARTICLE XIV
NON DISCRIMINATION Section 1.
Neither the Employer nor the Union shall discriminate against any employee by reason of race, creed, sex, age, color, political or religious affiliation or national origin. Where the word “he”, “she”, “him”, or “her” is used in this Agreement, it shall mean both sexes.
ARTICLE XV
MANAGEMENT’S RIGHTS AND RESPONSIBILITIES
Section 1.
It is recognized and agreed that the Township possesses the sole right and responsibility to operate the facilities and departments covered by this Agreement and that all management rights repose in it, except as same may be expressly qualified by the specific provisions of this Agreement. These rights include, but are not limited to, selection and direction of its employees; to hire, promote, transfer, assign, and retain employees in positions within the Unit and suspend, demote, discharge, or take other disciplinary action against employees for just cause; to relieve employees from duties because of lack of work or for other legitimate reasons; to establish and change work schedules and assignments; to determine the amount of overtime to be worked; to maintain the efficiency of the government operations entrusted to it; to determine the methods, means, and personnel by which its operations are to be conducted; to introduce new or improved methods or facilities; and to contract out for goods or services. It is agreed that the Township may take whatever actions may be necessary to carry out the mission of the facility or departments in situations of emergency.
Section 2. Rules and Regulations
The Employer agrees that, prior to establishing any new work rules or modifications of any new work rules, they shall first be discussed with the Union and shall not be implemented until the expiration of fourteen (14) days after such discussion, unless emergent reasons exist.
ARTICLE XVI
UNION BUSINESS
Section 1.
The Union Section Chairman shall be excused from his work assignment and shall be granted a reasonable amount of time to handle Union/Management business; provided, however, that the Section Chairman notifies either his Supervisor or the Department Head, or the Manager; and provided that such time is limited to an aggregate of six (6) hours per month, non-cumulative.
Section 2.
The members of Union’s Section Negotiating Committee shall be granted time off from duty with full pay for all meetings between the Township and the Union for the purposes of negotiating the terms of an agreement when such meetings take place at a time during said employees’ regular working hours.
Section 3.
The duly authorized officers and/or business representatives of the Union shall be permitted on Township premises during working hours for the purpose of adjusting complaints or ascertaining whether this Agreement is being performed; provided, however, that they are in no way interfering with the conduct of Township business. The Township, if it so chooses, shall have one of its representatives accompany the business representative while on the premises. At the time of entering the Township’s premises, the business representative must make his presence known to the Supervisor or the Department Head, or the Manager. The business representative shall conduct himself properly while on Township premises.
Section 4.
The Employer will provide a bulletin board in a conspicuous location in the buildings where employees covered by this Agreement are employed.
Section 5.
Meeting Facilities
Representatives of the Union shall be permitted to transact official Union business on Township property at such times and places to be determined in accordance with prevailing Township policy, procedures and regulations. It is understood that all meetings of the Union shall be held so as not to interfere or interrupt normal Township operations and at no additional cost to the Township. The request for scheduling all meetings shall be made through the Municipal Manager.
Section 6.
Any employee covered by this Agreement that is elected to a full-time Union position shall be granted a paid leave of absence for the period of time that the employee remains in office. Notwithstanding the foregoing, the paid leave of absence is expressly conditioned upon the Union reimbursing the Township for the full costs of the affected employees salary and benefits including but not limited to base pay, employer pay roll tax contributions, and benefit costs. However, such employee shall not be eligible to receive benefits directly related to their job title, such as clothing allowance, shoe allowance, meal allowance, holiday pay, vacation accrual and accumulation and sick leave accumulation. Upon expiration of the employees term of union office, or upon their earlier return to work at the Township, the employee shall return to their previously held position with no loss of seniority or pay.
ARTICLE XVII
SALARIES AND WAGES Section 1.
Salaries will be paid for each year of the contract pursuant to the attached Schedule.
Section 2.
In addition to an employee’s annual wage, each employee shall be paid a longevity increment after the completion of the number of years of continuous service as follows:
A. Years of Service Additional Compensation Per Annum
5 years $1,000.00
10 years $1,250.00
15 years $1,500.00
20 years $2,000.00
B. Each employee will qualify for the longevity increment on the date of the anniversary of his/her employment. Such increment shall be paid together with and in addition to regular salary and shall be included in addition to regular salary payroll checks.
In computing any overtime pay which may become due to any such employee, only the annual wage including longevity shall be used, so long as such a policy is in conformance with then-applicable law. Longevity shall be included in yearly salary.
ARTICLE XVIII
SAFETY Section 1.
Township employees shall not be required to use machinery or equipment when a majority of the Safety Committee certifies that it has a defect, or is not in proper working order so that it would be unsafe to operate.
Section 2.
The Union recognized the fact that it is the employees’ responsibility to use all safety equipment provided for their protection.
Section 3.
All safety equipment shall be purchased, replaced and maintained as per State, Federal and OSHA guidelines.
ARTICLE XIX
PERSONAL DAYS Section 1.
Each member of the bargaining unit shall receive two (2) personal days each year which may be utilized by calling one (1) hour prior to the workday. Personal days must be taken in one half or whole day increments. The Union agrees that any owed personal days will be deducted from the employee’s last pay check by the Employer. The days shall not be cumulative to the following year.
Section 2.
The Township agrees to grant the necessary time off without loss of pay to the Shop Steward and Assistant Shop Steward of the Local Union or delegates designated by the Union to attend any State or National Convention, including conventions or seminars of the Local Union. Such time off as herein described is not to exceed one event in any calendar year for a maximum of five (5) days.
ARTICLE XX
EDUCATIONAL REIMBURSEMENT Section 1.
Associates $ 1320.00 per annum
Bachelor’s Degree $ 2650.00 per annum
Master’s Degree $ 3500.00 per annum
Education pay is to be distributed as regular pay. Attainment of the next higher degree by June 30 of the calendar year shall qualify the employee for receipt of the higher scheduled benefit in its entirety in the calendar year of conferral.
Should an employee desire to enroll in an approved work-related non-college course or workshop, such employee may submit a request for reimbursement of the expenses of such course or workshop to the Township Manager. The Township Manager, may, in his discretion, approve those courses or workshops which will benefit the Township, are related to an employee’s work, and for which funds are available. Employees must obtain advance approval in order to be eligible.
Section 2.
A. Should an employee desire to attend college, such employee may submit a request to the Township Manager. The Township Manager may, in his/her discretion, approve those courses which will benefit the Township, are related to an employee’s work, and for which funds are available. Employees must obtain advance approval in order to be eligible.
B. The Township will pay for tuition only, in accordance with the following terms: Full payment if employee receives an A; 75% if employee receives a B; 50% if the employee receives a C; if the employee receives a D or less, there will be no reimbursement. The Township will pay for a maximum of six credits per semester for an individual. “Pass/Fail” courses will be reimbursed at 60% for pass, 0 for fail.
Section 3.
If an employee is ordered by the Township to attend work-related courses or schooling, the Township will pay for the course and all reasonably related expenses incurred.
Section 4.
Each instance of approval/disapproval shall be considered on its own merits and shall not be precedential as to other requests.
ARTICLE XXI
CLOSING OF FACILITY Section 1.
The Employer agrees that notification to employees will be provided via the local public radio station, so long as the local station policy remains the same in providing such service to the public, or by direct notice from employees’ supervisors.
Local stations will be requested to announce such closing when it is determined by the Employer that certain local government facilities will be closed because of weather conditions or other facility problems. Any decision of closing must come via the Manager’s Office or directly from the Township Council
ARTICLE XXII
SAVINGS CLAUSE Section 1.
It is understood and agreed that if any provision of this Agreement or the application of this Agreement to any person or circumstance shall be held invalid, the remainder of the Agreement or the application of such provision to other persons or circumstances shall not be affected thereby.
Section 2.
If any provisions are so invalid the Employer and the Union will meet for the purpose of negotiating changes made necessary by applicable law.
ARTICLE XXIII
FURTHER NEGOTIATIONS
Section 1.
Prior to the ending date of this Agreement, pursuant to the regulations of the New Jersey Public Employment Relations Commission, the parties shall confer, at mutually agreed-upon times and places for the purposes of effectuating, if possible, a new or a continuation of the within agreement.
ARTICLE XXIV
PROBATIONARY PERIOD Section 1.
All new employees shall serve a probationary period of six (6) months of continuous employment which may be extended for up to an additional six (6) month period at the discretion of the Township Manager. During that time it is specifically agreed and understood that the Township has the right to terminate the employment of the probationary employee, and the Union and the employee may not resort to any grievance procedure or any other hearing procedure under those circumstances. Probationary employees shall be entitled to all other benefits under this Agreement except as specifically prohibited herein.
ARTICLE XXV
DURATION OF AGREEMENT Section 1.
This Agreement shall be in effect as of January 1, 2003 up to and including December 31, 2006.
Section 2.
This Agreement constitutes the entire Agreement between the parties of all 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 parties at the time that they negotiated or signed the Agreement.
Section 3.
Any modification shall only be by mutual agreement between the parties. Such modifications, if agreed upon, shall be reduced to writing, signed by authorized representatives of both parties, and shall become a part of this Agreement as if negotiated herein.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed by their respective representatives, attested by their respective secretaries and their corporate seals to be placed hereon the _______ day of _______________ 2004.
Attest: _________________________________ Mayor Timothy J. Konopka Township of Howell
Date: __________________________________ Bruce Davis___________
Township Manager
Attest: __________________________________ ______________________________
Teamsters Local Union No. 469
Date: ___________________________________ ______________________________
Teamsters Local Union No. 469
SCHEDULE A
DEPARTMENT HEADS
2003 2004 2005 2006
Construction Official 71,415 74,022 76,760 79,639
Director Land Use 60,548 62,758 65,080 67,521
Director Parks, Recreation
Building & Grounds 66,240 68,658 71,198 73,868
Director Public Works 75,555 78,313 81,210 84,256
Director Senior Services 56,925 59,003 61,186 63,480
Director Youth & Family
Services 65,495 67,885 70,397 73,037
Municipal Court Administrator 55,890 57,930 60,073 62,326
Township Engineer 78,660 81,531 84,548 87,718
SCHEDULE B
SUPERVISORS
2003 2004 2005 2006
Alliance Coordinator 39,330 41,080 42,830 44,436
Asst. Director Land Use 45,540 47,300 49,070 50,910
Asst. Director Parks, Recreation
Buildings & Grounds 65,205 67,585 70,086 72,714
Director MIS 70,380 72,949 75,648 78,485
Public Service Coordinator 43,988 45,738 47,488 49,269
Senior Staff Therapist 45,540 47,290 49,040 50,879
Social Worker 35, 190 36,940 38,690 40,141
Youth Guidance Family
Therapist 40,365 42,115 43,865 45,510
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