Agreement
Between Township of Lower Alloways Creek and
Lower Alloways Creek Police Officers
NJFOPLC
______________________________________________
January 1, 2004 through December 31, 2006
______________________________________________
Ruderman & Glickman, PC
675 Morris Avenue, Suite 100
Springfield, NJ 07081
973-467-5111
TABLE OF CONTENTS
Page
ARTICLE 1 – RECOGNITION 2
ARTICLE 2 – SALARIES 3
ARTICLE 3 – LONGEVITY 4
ARTICLE 4 – OVERTIME AND SUNDAY PAY 5
ARTICLE 5 – CALL-IN PAY 6
ARTICLE 6 – EXTENDED TIME PAY 7
ARTICLE 7 – COMPENSATION FOR LESS THAN 8 HOURS OFF 8
ARTICLE 8 – CLOTHING MAINTENANCE ALLOWANCE 9
ARTICLE 9 – INSURANCE PROVIDED 10
ARTICLE 10 – DISABILITY HEALTH INSURANCE 11
ARTICLE 11 – HEALTH INSURANCE FOLLOWING RETIRMENT 12
ARTICLE 12 – SURVIVING SPOUSE BENEFITS 13
ARTICLE 13 – SHIFT DIFFERENTIAL 14
ARTICLE 14 – SICK LEAVE 15
ARTICLE 15 – PERSONAL BUSINESS DAYS 16
ARTICLE 16 – HOLIDAYS AND COMPENSATION 17
ARTICLE 17 – VACATIONS 18
ARTICLE 18 – COLLEGE REIMBURSEMENT 19
ARTICLE 19 – EYE EXAMINATION ALLOWANCE 20
ARTICLE 20 – TELEPHONE ALLOWANCE 21
ARTICLE 21 - BONUS FOR DUTY INVESTIGATOR 22
ARTICLE 22 – DATE TO START NEGOTIATIONS FOR NEW CONTRACT 23
ARTICLE 23 – JURY LEAVE 24
ARTICLE 24 – GRIEVANCE PROCEDURE 25
28
AGREEMENT BETWEEN THE TOWNSHIP OF LOWER ALLOWAYS CREEK
AND THE LOWER ALLOWAYS CREEK POLICE OFFICERS/NJFOPLC FOR
THE YEARS 2004-2006
A. The Township Committee of the Township of Lower Alloways Creek, herein referred to as “Township” and the NJFOPLC Lower Alloways Creek Police Officers herein referred to as “Council” agree as follows:
ARTICLE 1
RECOGNITION
This agreement represents the full and complete agreement between the Council and the Township concerning working conditions and compensation for the calendar years 2004-2006. For the purposes of this agreement, the Council is comprised of Police Officers, including Lieutenant, Sergeant, Corporal and Patrolmen.
ARTICLE 2
SALARIES
Township will pay bi-weekly the following yearly salaries to Officers Amount of service for the following pay scale shall include time spent as probationary officer. 2080 hours actually worked will constitute one (1) year’s service.
A. Officers shall be paid as follows:
2004 2005_ 2006
Lieutenant 67,634 70,340 73,153
Sergeant 61,045 63,487 66,026
Corporal 58,818 61,130 63,536
Patrolmen
Step 1 34,000 35,360 36,774
Step 2 38,000 39,520 41,101
Step 3 41,768 43,439 45,177
Step 4 46,779 47,610 49,514
Step 5 50,491 52,111 54,611
Step 6 54,212 56,381 58,636
Step 7 55,166 57,372 59,667
Step 8 57,818 60,130 62,536
B. It is understood that each step is one year. Each employee shall move to next step the next year on their anniversary date.
C. If a Part-time Police Officer is hired as full-time, a service adjustment will be made after five years of continuous full-time service, with no retroactive pay or pension payments. For the purpose of service adjustment, one year of part-time service would equal 2080 hours actually worked.
ARTICLE 3
LONGEVITY
After five (5) years of service, all regularly employed Police Officers shall annually receive a longevity payment of two percent (2%) of said Officers’ base salary.
After ten (10) years of service, said Officers shall annually receive a longevity payment of four percent (4%) of base salary.
After fifteen (15) years of service, said Officers shall annually receive a longevity payment of six percent (6%) of base salary.
After twenty (20) years of service, said Officers shall annually receive a longevity payment of eight percent (8%) of base salary.
Said longevity payments shall be paid either in lump sum or bi-weekly, at the discretion of the Officer, upon recommendation of the Chief of Police.
ARTICLE 4
OVERTIME AND SUNDAY PAY
Prevailing hourly wage rate for each regular Officer shall be computed by dividing 2080 hours into his/her yearly salary. Each Officer shall be paid 1 ½ times his/her prevailing hourly wage for all time in excess of the hours of ordinary duty, except when holiday pay as provided herein is being received. Each shall be paid 1 ½ times his/her prevailing hourly wage for all hours scheduled to work on Sundays. If an Officer works an unscheduled shift on Sunday, he/she will be entitled to overtime pay and also Sunday Pay. Once a compensatory day is granted it shall not be rescinded.
ARTICLE 5
CALL-IN PAY
A. A regular Police Officer shall receive four hours prevailing rate whenever he/she is required to report for duty during his/her scheduled time off. None of the foregoing payments shall be made, however, unless the Chief of Police has approved the Patrolman’s being called to report during his/her scheduled time off or unless there is an emergency, as determined by the Chief of Police. The preceding portion of this paragraph shall not apply, however, to time spent by an Officer attending training sessions outside their regularly scheduled duty hours; the Officer shall receive no additional compensation or overtime pay, but in lieu thereof, he/she shall be given an equivalent time off from his/her regularly scheduled duty hours at a rate of 1 ½ times the hours worked. The hours off shall be selected by the Chief of Police.
B. If an employee is given less than seventy-two (72) hours notice of call back on a day off he/she shall receive one and one-half times his/her prevailing hourly wage for all time worked plus four (4) hours recall at straight time.
ARTICLE 6
EXTENDED-TIME PAY
A. A regular Officer shall receive four (4) hours prevailing rate whenever he/she is forced to remain on duty after his/her scheduled shift.
B. An employee recalled to duty or held contiguous to a workday shall receive one and one-half times his/her prevailing hourly wage unless less than twenty-four (24) hour notice is given then he/she shall receive one and one-half times his/her prevailing hourly wage plus 4 hours recall at straight time.
ARTICLE 7
COMPENSATION FOR LESS THAN 8 HOURS OFF
Each Officer shall be paid at 1 ½ times his/her prevailing hourly wage rate for working a shift which, per posted schedule, commences eight (8) hours or less after the end of his/her previously scheduled and worked shift, unless he/she qualifies for holiday pay.
ARTICLE 8
CLOTHING MAINTENANCE ALLOWANCE
A. Township shall furnish all uniforms to Officers and shall, in addition, pay a clothing maintenance allowance of $800.00 per year to each Officer.
B. Non-uniformed sworn officers will receive a $700.00 per year clothing purchase allowance.
ARTICLE 9
INSURANCE PROVIDED
Each Officer shall be covered by the life insurance provided by the Police and Firemen’s Retirement System. In addition, Township will provide for each Officer, healthcare benefits, including dental, through a plan of partial self-funding of healthcare benefits. If the Township elects to change the healthcare coverage, the Association will consent to the change so long as the healthcare coverage to be provided is equal to or better than the plan in effect at this time, as provided through the partial self-funding plan. Prescription Co-Pay shall be as follows:
A. $5.00 Co-pay for Generic Brand Prescriptions; and
B. $20.00 Co-pay for Name Brand Prescriptions;
C. Mail Order 2 times co-pay
ARTICLE 10
DISABILITY HEALTH INSURANCE
In the event an Officer, becomes disabled as a result of an incident which Occurs on the job and in the line of duty, Township will pay said member’s costs for continuing health insurance benefits under the Consolidated Omnibus Budget Reconciliation Act (COBRA) on a monthly basis until such time that:
A. said member is determined totally disabled and commences receipt of benefits under Medicare;
B. a determination is made that said member is not totally disabled and is not eligible for benefits under Medicare.
In either event, Township will discontinue payment of health benefits upon a determination of (A) or (B) above.
ARTICLE 11
HEALTH INSURANCE FOLLOWING RETIREMENT
After retirement, with twenty-five years of service in PFRS, full-time Police Officers, and their spouses, if residing in the same household, shall be entitled to have maintained at the Township’s expense, such life insurance and medical insurance under the Township’s policies/plans provided that such retired Full-time Police Officer shall have completed twenty (20) years of continuous service to the Township regardless of age.
ARTICLE 12
SURVIVING SPOUSE BENEFITS
The spouse of each Police Officer, shall be covered for health benefits per the following:
A. If a Police Officer is killed in the line of duty, the surviving spouse and children will be covered until remarriage.
B. If a Police Officer dies, not in the line of duty, the surviving spouse and children will be covered until remarriage; and:
(1) Benefits provided herein shall cease if the spouse remarries or fails to re-establish the claim each year with the Township Financial Officer.
(2) Dependents under this coverage shall have the same qualifications as in the terms of other coverage provisions. Dependents shall be covered under 23 years of age provided that if said dependents are over 19 years of age and under 23 years of age they are matriculated in an accredited educational institution and are actively pursuing a degree or certification program.
C. After retirement, when a Police Officer, predeceases a spouse, the surviving spouse will be covered until remarriage.
ARTICLE 13
SHIFT DIFFERENTIAL
In addition to regular salary, each Officer shall receive $.55 per hour for every hour worked on the 3rd shift and $.65 per hour for every hour worked on the 1st shift.
ARTICLE 14
SICK LEAVE
Each Officer shall receive his/her regular salary during absences due to illness or injury whether incurred on or off duty provided that:
A. This injury or illness is not a direct result from engaging in any outside business or employment that has not been approved in advance by the Chief of Police; and
B. The Officer produces a certificate from a New Jersey Licensed Medical Doctor stating that he/she is unable to report for duty, if illness exceeds two (2) days; and
C. Such salary shall terminate at the end of six (6) months continuous absence from duty, subject to review, at which time there shall be a review and determination made of the case, by the Township Committee and Chief of Police.
ARTICLE 15
PERSONAL BUSINESS DAYS
Each Officer shall be entitled to seven (7) days leave of absence with pay for personal business during time that he/she is regularly scheduled for duty, provided that the Chief of Police must approve in advance each day selected.
ARTICLE 16
HOLIDAYS AND COMPENSATION
The following holidays shall be observed with compensation as follows:
A. When it is necessary to maintain service that requires an Officer to work on an official holiday listed below, such Officer, who is scheduled to perform services herein shall be compensated by being paid 2 ½ times his prevailing hourly rate for time actually on duty, except that for Christmas Day the rate will be 3 times the rate.
B. Other Officers who are not scheduled for duty and do not perform services on such official holiday shall be compensated for eight (8) hours at their prevailing hourly rate.
C. Said official holidays are as follows:
New Year’s Day
George Washington’s Birthday
Easter Sunday
Memorial Day
Independence Day
Labor Day
Veteran’s Day
Thanksgiving Day
Christmas Day
ARTICLE 17
VACATIONS
A. Each Officer shall receive a vacation with pay as follows: (a working week is defined as seven (7) working days).
1-5 years’ service 2 weeks annually
5-10 years’ service 3 weeks annually
10-15 years’ service 4 weeks annually
15- 20 years’ service 4 weeks annually plus 5 days
20 years’ or more 4 weeks annually plus 10 days
B. A maximum of seven (7) vacation days may be carried over to the following calendar year.
If an employee is denied vacation leave by the employer due to manpower shortages, the employee may carry over an additional seven (7) days for a total of fourteen (14) days and be paid for those days not able to be carried over.
ARTICLE 18
COLLEGE REIMBURSEMENT
Any Officer who attends a course that pertains to his/her job in the Police Department or granting college course credits, on his/her off-duty time, in pursuit of a degree in law enforcement shall be reimbursed for his/her mileage on his/her personal car going to and from classes from his/her home at the rate of $.205 per mile, plus bridge and turnpike tolls, textbooks, and tuition. Courses must be approved in advance by the Chief of Police. The course will be paid for in advance by the Township, but the Township Committee requests a transcript of grades after completion. If the transcript reveals a failing grade, the Township will be reimbursed for the course by the applicant.
ARTICLE 19
EYE EXAMINATION ALLOWANCE
The Township will pay up to $200.00 to Police Officers and/or any member(s) of his/her immediate family for an annual eye examination and eyeglasses upon submittal of receipt from a licensed optometrist. The total benefit may be used as a lump sum at any time during the term of the contract.
ARTICLE 20
TELEPHONE ALLOWANCE
The Township will pay a sum of $20.00 per month to each Officer to subsidize the cost of the telephone installed at his/her place of residence. Such payment shall be made on an annual basis in the first pay period in the month of December.
ARTICLE 21
BONUS FOR DUTY INVESTIGATOR
An annual bonus of five hundred dollars ($500.00) will be paid to the duty investigator provided he performs the position of duty investigator for a period of more than six (6) months during the year for which said bonus was paid.
ARTICLE 22
DATE TO START NEGOTIATIONS FOR NEW CONTRACT
The parties agree that negotiations for a new contract will commence no later than September 15 of the last year of this agreement.
ARTICLE 23
JURY LEAVE
A. An employee who loses time from his job because of jury duty as certified by the Clerk of the Court shall be paid by the Township the difference between his daily base rate of pay and the daily jury fee, subject to the following conditions:
1. The employee must notify the Police Chief immediately upon receipt of a summons for jury service.
2. The employee has not voluntarily sought jury service.
3. The employee submits adequate proof of the time served on the duty and the amount received for such service.
B. If on any given day the employee is attending jury duty, he or she is released by the court at least four (4) hours prior to end of his shift, that employee shall be required to return to work within one hour of release from jury duty that day in order to receive pay for that day.
C. If the employee works the night shift, he will be excused from work if he goes to jury duty for an entire day.
ARTICLE 24
GRIEVANCE PROCEDURE
A. The purpose of this procedure is to secure, at the lowest possible level, an equitable solution to the problem which may arise affecting the terms and conditions of employment under this Agreement.
B. 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 Department. Nothing contained herein shall prohibit the parties from raising a timeliness argument under this Article.
C. With regard to the employee, the term “grievance” as used herein means an appeal by an employee or group of employees, from the interpretation, application or violation of this Agreement. With regard to the Employer, the term “grievance” as used herein means a complaint or controversy of the negotiable terms and conditions of this Agreement.
D. The following constitutes the sole and exclusive method for resolving grievances between the parties covered by this Agreement, and shall be followed in its entirety unless any step is waived by mutual consent.
Step One: The Council shall institute written action under the provisions hereof within ten (10) calendar days after the event giving rise to the grievance has occurred or when was known, or reasonably should have been known and an earnest effort shall be made to settle the difference between the aggrieved employee and the Chief of Police for the purpose of resolving the matter informally. The written grievance at this Step shall contain the relevant facts and a summary of any preceding oral discussion, the applicable Section of the contract violated, and the remedy requested by the grievant. The Chief of Police or his designated representative will answer the grievance in writing within ten (10) calendar days of receipt of the written grievance. Failure to act in writing within ten (10) calendar days by the Council shall be deemed to constitute an abandonment of the grievance.
Step Two: If the Council wishes to appeal the decision of the Chief of Police, such appeal shall be presented in writing to the Township Committee within ten (10) work days thereafter. This presentation shall include copies of all previous correspondence relating to the matter in dispute. The Township Committee shall respond in writing to the grievance within thirty (30) calendar days of the submission.
Step Three: Within five (5) calendar days, exclusive of designated holidays and Saturdays and Sundays of the Township Committee’s decision, the Council may apply to the Public Employment Relations Commission (PERC) for binding arbitration. Alleged violations of this Agreement may be submitted to arbitration. The selection of an Arbitrator and the arbitration shall be in accordance with the rules and procedures of PERC. Simultaneously, with application to PERC, the Council will send notice to the Employer of its arbitration petition.
a. The decision of the Arbitrator shall be binding upon the Employer and the Council and the employee.
b. The parties may direct the Arbitrator to decide, as a preliminary question, whether he has jurisdiction to hear and decide the matter in dispute.
c. The costs for the services of the Arbitrator shall be borne equally by the Council and the Township. Any other expense, including, but not limited to the presentation of witnesses, shall be paid by the parties incurring same.
d. The Arbitrator shall be bound by the provisions of this Agreement and the constitutions and laws of the State of New Jersey, and be restricted to the application of the facts presented to him involved in the grievance. The Arbitrator shall not have the authority to add, modify, or detract from in anyway the provisions of this Agreement or of any amendment or supplement thereof.
e. Only one (1) grievance at a time may be submitted to any one (1) arbitrator.
E. Upon prior notice and authorization of the Police Chief, the designated Council representative shall be permitted as a member of the Grievance Committee to confer with the employees and the Employer on specific grievances in accordance with the grievance procedure set forth herein during work hours of employees, without loss of pay, provided the conduct of said business does not diminish the effectiveness of the Employer or require the recall of off-duty employees.
F. The time limits expressed herein shall be strictly adhered to. If any grievance has not been initiated within the time limits specified, then the grievance shall be deemed to have been abandoned. If the grievance is not processed to the next succeeding step in the grievance procedure within the time limits prescribed thereunder, then the disposition of the grievance at the last preceding step shall be deemed to be conclusive. If a decision is not rendered within the time limits prescribed for a decision at any step in the grievance procedure, then the grievance shall be deemed to have been denied. Nothing herein shall prevent the parties from mutually agreeing to extend or contract the time limits for proceeding with the grievance at any step in the grievance.
ATTEST:
__________________________________
Mayor, Lower Alloways Creek Township
______________________________
Clerk Dated:_____________________________
ATTEST:
______________________________ ____
Vice-President NJFOPLC
Dated:_____________________________
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