AGREEMENT
between
THE TOWNSHIP OF EDISON
and
POLICEMEN'S BENEVOLENT ASSOCIATION,
LOCAL #75, INC.
January 1, 2005 through December 31, 2008
AGREEMENT
TABLE OF CONTENTS
# ARTICLE NAME PAGE #’S
I: RECOGNITION 1
II: CONDUCTING ASSOCIATION BUSINESS 2
III: BULLETIN BOARD 4
IV: GRIEVANCE PROCEDURE 5
V: HOURS OF WORK & WORK SCHEDULE 8
VI: OVERTIME 9
VII: HOLIDAYS 12
VIII: UNIFORM ALLOWANCE 14
IX: INSURANCE & LEGAL REPRESENTATION 16
X: DEATH IN THE FAMILY 18
XI: DISCRIMINATION & COERCION 19
XII: MUTUAL AID 20
XIII: COLLECTIVE NEGOTIATING PROCEDURE 21
XIV: SICK TIME 22
XV: DURATION OF AGREEMENT 27
XVI: SAVINGS CLAUSE 28
XVII: DUES CHECK-OFF 29
XVIII: DEPARTMENTAL TRAINING 30
XIX: POST TERMINATION EMPLOYMENT 31
TABLE OF CONTENTS, CONT.
# ARTICLE NAME PAGE #’S
XX: TERMINATION OF ENTITLEMENT 32
XXI: PERSONAL DAYS 33
XXII: EDUCATION BENEFITS 34
XXIII: EMPLOYER RIGHTS 36
XXIV: WELFARE & PENSION BENEFITS 37
XXV: VACATIONS 41
XXVI: COMPENSATORY TIME 44
XXVII: ORGANIZATIONAL CHART 45
XXVIII. WAGES & LONGEVITY 46
XXIX: FEDERAL OR STATE LAW 50
XXX: OUTSIDE EMPLOYMENT 51
XXXI: PERSONNEL FILES 52
XXXII: ADDITIONAL EMPLOYEE RIGHTS 54
XXXIII: JOINT COMMISSION 55
XXXIV: CONTINUATION OF BENEFITS 56
XXXV: DISCIPLINE, DISCHARGE OR SUSPENSION 57
XXXVI: ARBITRATION 58
XXXVII: NO WAIVER 60
XXXVIII: SHIFT BID 61
XXXIX: WORK SCHEDULE REVIEW COMMITTEE 63
TABLE OF CONTENTS, CONT.
# ARTICLE NAME PAGE #’S
XL: EMPLOYMENT DRUG TESTING 64
XLI UNPAID LEAVE OF ABSENCE 65
Page 1
ARTICLE I RECOGNITION
A. The Employer hereby recognizes the Association as the exclusive representative for the collective negotiations with respect to rates of pay, wages, hours of work, and other terms and conditions of employment for an appropriate unit established in accordance with N.J.S.A 34A:5.3 as supplemented and amended.
B. Included in the negotiating unit shall be those employees of the Township within the Division of Police Department of Public Safety whose job titles are Patrol Officer.
C. Excluded from the bargaining unit are the following positions: Chief, Deputy Chief
and all other superior officers including Sergeant, Lieutenant and Captain.
D. The Employer reserves the right to seek clarification of the bargaining unit subsequent
contract years.
Page 79
ARTICLE II
CONDUCTING ASSOCIATION BUSINESS
A. The employer shall grant time off without loss of pay to the Legislative State Delegate
of the New Jersey P.B.A., or his/her designee, to conduct Association business on the State or Local level and to attend monthly State, County Conference and scheduled Tri-County Conference meetings which require their attendance.
If regular scheduled tours of duty are on a day of a meeting, then the delegate shall be excused for that day’s tour of duty or if regular scheduled tour of duty hours are between hours of 11:00 p.m. to 8:00 a.m. the day after the meeting, then at the delegate’s option, he/she is entitles to his/her choices of day off.
B. The President or designee shall also be granted similar time off to conduct Association
business as required by the Association and the administrative officials of the Township of Edison or the Chief of Police shall not deny a reasonable request for time off with pay. Such approval is subject to Departmental manning requirements.
C. Officers of this Association shall not be transferred from their present job assignments
except as necessary for the efficient operation of the Edison Division of Police. If the transfer is made for bona fide managerial reasons, when the need for the transfer has ended the employee shall be offered the option of returning to the original assignment.
D. Officers of this Association shall be excused from duty without loss of pay to attend
all local Association meetings, providing that such attendance does not require the recall of off duty policemen to bring the Department up to its proper effectiveness.
E. The Employer shall permit members of the Association Negotiating Committee to
attend collective negotiations sessions during duty hours without loss of pay.
F. The Employer agrees to recognize and support a uniform funeral detail consisting of
up to four (4) Association members, representing the local Department, the detail to be selected by the Association, in an official capacity to attend funerals in and out of state for law
enforcement officers who have given their lives in the line of duty, and within a geographical circumference of three hundred (300) miles. Not more than a total of four (4) members of this Association of the Edison Superior Officer Association shall be picked under this provision as representatives of Edison Township. The Employer also agrees to grant time off without loss of pay for the four (4) members of the funeral detail picked as representatives of Edison Township. If their regular scheduled tour of duty shall be that of the day of the funeral, or if regular scheduled hours are between the hours of 11:00 p.m. and 8:00 a.m. the day after the funeral then as the officer’s sole option the officer shall be entitled to choice of day off. One (1) member of the detail shall be allowed off on an assigned shift. Members of the Honor Guard requested to be in attendance by the Township with the approval of the Chief of Police at any Township event shall be compensated in accordance with the provisions of this contract.
G. Conventions
1. The Employer agrees to grant the necessary time off without loss of pay, including reasonable travel time to members of the Association selected as delegates to attend any State convention of the New Jersey Policemen’s Benevolent Association as provided under N.J.S.A. 40:14-177, but not more than three (3) to include the delegate and two alternates.
2. Similar time off without loss of pay shall also be granted to the President,
3. Time off shall be granted for the duration of the entire convention. Any travel time shall be subject to the prior approval of the Chief of Police.
H. The duly elected delegate and president to the New Jersey State Policemen’s
Benevolent Association shall receive compensatory time at straight time off for all off-duty time spent in attending State, County and Local meetings of the Policemen’s Benevolent Association.
I. An office will be supplied to the Association in the municipal building for its sole use and occupancy.
ARTICLE III
BULLETIN BOARD
The Employer shall permit the Association reasonable use of all Bulletin Boards located in the respective Police Facilities for posting notices concerning Association business and activities dealing with the welfare of the Employees, and the Employer shall designate one (1) board exclusively for the use of the Association.
ARTICLE IV
GRIEVANCE PROCEDURE
A. "Grievance" defined:
1. A grievance shall be a claim by either the Employer, an Employee or by the Association that either the Employer, an individual Employee, group of Employees or the Association has been harmed by either the interpretation or application of the terms and conditions of this Agreement and other conditions of employment; or,
2. A grievance shall be a claim either by an Employee or by the Association that either an individual Employee, group of Employees or the Association has been harmed by either the interpretation or application of Employer Police Rules and Regulations as have heretofore been adopted or as may in the future be adopted.
B. The following procedures shall be followed with reference to grievances:
1. All attempts shall be made to resolve any grievance on an informal basis by means of discussion and negotiations between the individuals involved, the Association and the Employer by and through the Chief of Police and his/her designee. If informal attempts to resolve the dispute fail, then formal grievance procedures may be instituted in accordance with this Article.
2 Complaints may be initiated by an individual Employee, group of Employees, or by the Association, in writing, which complaint shall be lodged not more than fifteen (15) days from the happening of an event giving rise to a dispute with the Chief of Police or his/her designee. Notice of said complaint shall be given to all interested or affected persons including superior officers in the chain of command.
3. Upon the filing of a complaint pursuant to Section B, ¶2 above, said complaint(s), the Chairperson of the Employees' Grievance Committee and the
Chief of Police or his/her designee shall within five (5) days of said filing meet and attempt to settle the matter. If a satisfactory settlement is reached, the same shall be reduced to writing and signed by the parties.
4. If a settlement is not reached pursuant to Section B, ¶3 above, then the Chief of Police or his/her designee and the Chairperson of the Employees' Grievance Committee shall each file a written report of their .findings of facts, conclusions and recommendations with the Director of Public Safety or his/her designee within ten (10) days from the date of receipt of said findings, conclusions and recommendations and shall notify the interested parties in writing of said hearing date.
5. Upon compliance with the requirement of Section B, ¶4 above, the Director of Public Safety or his/her designee shall conduct a hearing present at which shall be the interested persons, the Chief of Police and the Chairman of the Employees' Grievance Committee. The Director of Public Safety or his/her designee shall make all reasonable attempts to arrive at a settlement satisfactory to all parties. If said dispute is settled upon agreement of the parties, said agreement shall be reduced to writing and signed by the Director of Public Safety or his/her designee, the Chief of Police, the Chairman of the Employees' Grievance Committee and the aggrieved party(ies). If the Director or his/her designee is unable to obtain an amicable settlement he/she shall within ten (10) days render a written decision resolving the dispute which written decision shall be served upon the respective parties.
6. If the aggrieved party disagrees or objects to the decision of the Director or his/her designee, he/she shall within ten (10) days of receipt of said written decision, demand, in writing, arbitration of the grievance in accordance with
Article XXXVI, ARBITRATION, as hereinafter set forth except that a grievance of a Rule or Regulation as may heretofore been adopted or may in the
future be adopted which Rule or Regulation is not in conflict with this Agreement and does not affect the interpretation and application of this Agreement shall not be subject to arbitration.
7. The Director of Public Safety or his/her designee shall have the final decision with reference to grievances dealing with interpretation or application of Employer Police Rules and Regulations subject to the right of an Employee or the Association to appeal said Director's or his/her designee’s decision by means of legal proceedings in the courts of this State and the United States.
8. It is understood that the Employer may file a grievance concerning the interpretation and application of this Agreement which, if said grievance cannot be amicably resolved through negotiations with the Association and the Employer's representatives, shall be submitted to arbitration pursuant to Article XXXVI, ARBITRATION.
ARTICLE V
HOURS OF WORK AND WORK SCHEDULE
A. The work day shall be as follows:
1. For all employees on a 4-4 work schedule, the work day shall consist of not more than 10.67 consecutive hours (which is 10 hours and forty minutes) in a twenty-four (24) hour period.
2. For all employees on a non 4-4. work schedule, the work day shall consist of not more than eight (8) consecutive hours in a twenty-four (24) hour period.
B. Each police officer working a 4-4 work schedule shall have at least 13.5 consecutive hours off duty after each tour of 10.67 consecutive hours unless mutually agreed upon by the parties hereto. Each police officer working a non 4-4 work schedule shall have sixteen (16) consecutive hours off duty after a tour of eight (8) consecutive hours unless otherwise mutually agreed upon by the parties hereto.
C. Tour of Duty.
1. Tour Officers, which shall include all Patrol Officers as well as Traffic and
Safety Officers, shall work tours of four (4) consecutive work days of ten hours and forty (40) minutes in duration followed by four (4) consecutive days off.
2. The provisions of this article notwithstanding, hours of work and work schedule can be changed upon the mutual agreement of the Union and the Township.
3. All non-tour officers shall work a regular five day week or in accordance with
the practice in effect as of this date. This shall also include the daytime power shift, which shall continue to work a 5-2 work schedule of eight (8) hours Monday through Friday with weekends off duty.
D. On the declaration of an official emergency, as defined by N.J.S.A. 40A:14-133; 40A:14-134 and 40A:14-135 the provision above shall not apply.
ARTICLE VI
OVERTIME
A. Scheduled tours of duty shall not be changed unless four (4) days advanced notice is
given except in an emergency defined by N.J.S.A.40A:14-134. Whenever an Employee’s scheduled work hours are changed, except in an emergency, the Employee is to receive time and one-half for the newly scheduled hours, if a change is made within said four (4) days notice.
B. Overtime duty shall be assigned on a rotating basis, whenever practical, with
consideration given, but not limited to the following factors:
1. Qualification of the Employee
2. Individual expertise
3. Seniority with rank
4. Demands of the particular assignment
C. Employees will be scheduled for all duty related appearances in Edison Municipal Court while on duty. Where this is not possible, they will be paid at the rate of time and one-half (1½ ) their regular salary for all off-duty appearances, with the minimum number of pay for four (4) hours or the actual hours spent, whichever is greater. If an Employee is scheduled for an off-duty Edison Municipal Court appearance, it is his/her obligation to immediately notify the Edison Municipal Court and the Division Commander. If they are unable to reschedule the officer’s appearance to coincide with his/her regular on-duty time, then the officer shall be paid. If the Employee fails to provide this immediate notification, then this provision will not apply.
D. Whenever an Employee is required to be placed on stand-by alert during any twenty-
four (24) hour period, the officer shall be paid two (2) hours of overtime pay at time and one-half (1½) times their regular hourly salary. An employee shall receive overtime compensation as follows:
1. Officers on a 4-4 work schedule shall receive no less than 10 hours and forty-
minutes of overtime pay at the rate of time and on-half.
2. Officers assigned to a non-4-4 work schedule shall receive no less than eight (8)
hours of overtime pay at the rate of time and one-half.
E. An Employee shall receive payment at time and one-half (1½ ) for all legitimate off-
duty police related activities pertaining to criminal matter.
F. Regular overtime entitlement shall commence as follows:
1. All officers assigned to a 4-4 work schedule shall receive overtime compensation at the rate of one and one-half (1½ ) times their regular hourly salary for all time worked beyond 10 hours and forty minutes on each tour of duty.
2. All officers assigned to a non 4-4 work schedule shall receive overtime compensation at one and one half (1½ ) times their regular hourly salary for all time worked beyond eight (8) hours.
3. Those officers assigned to a 4-4 work schedule, except those Bureaus specified heretofore above, shall work the following hours:
a. Day shift shall commence at 6:20 a.m. and terminate at 5:00 p.m.
b. Evening shift shall commence at 3:50 p.m. and terminate at 2:30 a.m.
c. Midnight shift shall commence at 8:50 p.m. and terminate at 7:30 a.m.
G. Each employee’s hourly rate for overtime purposes shall continue to be calculated in accordance with the past practice. The employee’s work schedule shall have no bearing on the net effect of the employee’s hourly rate.
H. Subpoenas: The following subsection will apply to response to all subpoenas other
than those related to Edison Municipal Court.
1. Employees being subpoenaed while off-duty shall be compensated as follows:
a. If the employee is off-duty as a result of a previous arranged contractual day off (vacation, personal compensatory, or sick) and responds to a subpoena, the employee will receive a minimum of six (6) hours call-in pay at his/her overtime rate or time spent, whichever is greater. In addition, the employee shall have the original day off re-credited to his/her appropriate time bank.
b. If the employee is off duty as a result of his/her regularly scheduled tour day off, and responds to a subpoena, the employee will receive a minimum of six (6) hours call in pay at his/her overtime rate or time spent, whichever is greater.
2. Labor Related Subpoenas: It is understood that any employee
appearing while off-duty at any labor related function (including disciplinary hearings) for any part other than the Employer shall not be entitled to overtime compensation as provided for in this Article unless specifically approved in writing and in advance by the Chief or his designee.
3. Civil Subpoena Notification: It is the responsibility of each employee to supply notice to the appropriate command staff member upon receipt of a Civil Subpoena. Failure to do so in a timely fashion could jeopardize compensation and/or lead to disciplinary charges.
ARTICLE VII
HOLIDAYS
A. Holiday pay is considered to be and shall be paid as part of each employee’s base annual salary. For purposes of reporting and making contributions to the NJPFRS, it shall be reported as earned and prorated over 24 annual pays. However, the employer is authorized to withhold the net value of said holiday pay and disburse said funds to each employee in a lump sum payment no later than the last pay period in October of each year. The holiday pay factor shall be computed on the basis of two hundred and forty three (243) days per year and fifteen (15) holidays.
B. Effective January 1, 2003, the holiday pay shall be calculated as base/180 x 15. Therefore, compensation in accordance with this Article is now based upon a ten (10) hour day regardless of an employee’s work schedule.
The fifteen (15) paid holidays are as follows:
1. New Year’s Eve (½) day)
2. New Year’s Day
3. Lincoln’s Birthday
4. Washington’s Birthday
5. Good Friday
6. Memorial Day
7. Independence Day
8. Labor Day
9. Columbus Day
10. Election Day
11. Veteran’s Day
12. Thanksgiving Day
13. Friday subsequent to Thanksgiving Day
14. Christmas Day
15. Christmas Eve (½ day)
16. Martin Luther King’s Birthday
C. When the Mayor of the Township of Edison declares a holiday or when the
Municipal Offices are closed due to emergencies, or any reason other than the weather, the Employees of this Department shall receive monetary compensation as provided in this Article.
D. When the Mayor of the Township of Edison declares a holiday or when the Municipal
Offices are closed due to emergencies, or any reason other than the weather, those employees of this Department who are working shall receive monetary compensation as provided.
E. Any employee who actually works on any of the holidays as contained herein above
shall receive, in addition to his/her regular compensation and holiday pay, two (2) hours pay at time and one-half (1½). The holidays shall run from 12:00 a.m. to 12:00 p.m. and an Employee, in order to qualify for said payment must work his/her complete eight (8) hour shift, and at least one-ha1f (½) of his/her shift must be served on the holiday in question.
ARTICLE VIII
UNIFORM ALLOWANCE
A. The Township shall pay new hires $2,000.00 towards the purchase of police duty related uniforms and equipment. The payment shall be made as a reimbursement to the new hire. Reimbursement will not be processed until the employee submits original receipts and completes a Township Expense report. Request for reimbursement must be submitted to the Township within 12 months following the date of hire. Officers who fail to submit the reimbursement within this time period shall forfeit the $2,000.00 reimbursement. In addition, the Township shall purchase and furnish each new officer with one (1) service weapon which shall be in proper working order and shall be of the same type and caliber as those carried by other members of the police force: 1 PR 24 Nightstick, 2 Spare Magazines, 1 Holster, 1 Dual Ammunition Pouch, 1 set Handcuffs and Case, 1 Gun Belt, 1 Inner Velcro Belt, 2 Department Badges, 1 Department Hat Badge, and 1 Slim Jim. The service weapon shall remain the property of the Township and shall be returned to the Township in proper working order upon termination of the officer’s employment.
B. Effective January 1, 2002 and thereafter, uniform allowance should be added to,
considered to be, and paid as a portion of each employee’s base salary. It is understood that it will be the responsibility of each officer to maintain his/her uniforms and equipment in accordance with the standards of the Department.
C. The Township will pay for replacement or repairs to any part of clothing damaged in
the line of duty, including prescription glasses and watches; the payment for watches not to exceed fifty dollars ($50) and other payments not to exceed replacement cost. To qualify for said payment, it must be clearly demonstrated by the officer that said clothing was damaged in the line of duty showing documentation of said damage in police incident reports as a minimum requirement. Payments for watches will be made only if at least two (2) estimates are provided and approval is obtained from the Business Administrator. Payment for glasses will be made following the receipt of one (1) estimate. It is understood that payment will be made only if the request for reimbursement is accompanied with a "paid" receipt.
For all officers hired after December 2, 2002, all articles of police uniforms damaged in the line of duty excluding prescription glasses and watches shall be repaired or replaced at the Township’s current contract cost for those items. If the Township does not have a contract in place for a particular item, the contract cost for an item shall be the lowest of three quotes obtained by the Purchasing Agent. For all officers, the repair or replacement for any item shall not exceed $250.00.
D. Any new and /or additional clothing, uniform items, and/or equipment necessitated by a change in assignment to the motorcycle, bicycle or mounted horse patrol units shall be fully paid for and/or supplied by the Township. Any changes to the uniform of the day promulgated by the Chief or/his designee shall be fully paid for and/or supplied by the Township.
ARTICLE IX INSURANCE AND LEGAL REPRESENTATIVE
The Employer and the Bargaining Unit agree to be bound by the mandatory provisions of N.J.S.A. 40A:14-155 which is hereby incorporated by reference.
A. Civil Actions
1. The Employer agrees to continue to maintain in full force and effect all insurance coverage now provided by the Employer for the benefit of, and covering Employees of the Employer and specifically Employees who are members of the bargaining unit covered by this Agreement.
2. The Employer agrees to furnish all necessary legal advice and representation in the defense of civil charges and allegations brought in any legal action against a member of the bargaining unit covered by this Agreement and shall undertake to defend or arrange for the defense of members of the bargaining unit arising out of or incidental to the performance of his/her duty. The Employer agrees to pay for said judgment or arrange for the payment of said judgment.
3. The Employer reserves the right to determine in what manner legal advice, counsel, representation and defense shall be afforded to members of the bargaining unit including, but not limited to the providing of necessary liability insurance and any other form of insurance protection which the Employer may deem necessary and adequate in its discretion.
B. Criminal, Quasi-criminal and Disciplinary Action
1. The Employer is not required to furnish the means of defense in a disciplinary proceeding instituted against a member of the bargaining unit by municipality.
2. The Employer is not required to furnish the means of defense in a criminal or quasi-criminal proceeding instituted as a result of a complaint on behalf of the Employer against a member of the bargaining unit .
3. If any such disciplinary or criminal or quasi-criminal proceeding mentioned
above instituted by or, on complaint of the Employer shall be dismissed or finally determined in favor of the member of the bargaining unit, said member shall be reimbursed for the expense of his/her defense as herein above provided.
C. Reimbursement for Legal Expenses Subsequent to Favorable Determination as to a Member of the Bargaining Unit
1. In the event that a member of the bargaining unit is charged in a disciplinary,
criminal or quasi-criminal proceeding on complaint and he/she retains private legal counsel in his/her defense the Employer shall reimburse in the event of a final and favorable determination as to a member of the bargaining unit in an amount not to exceed the prevailing amount the Township pays the Township Attorney for legal representation.
2. In any disciplinary proceeding, criminal action or quasi-criminal action in
which there is more than one count or allegation complained of against a member of the bargaining unit the finding of guilt as to anyone count of the allegation shall relieve the Employer from any obligation to reimburse the member of the bargaining unit for legal fees. The Director of Public Safety will review all disciplinary charges brought against an Employee to determine the propriety and efficacy of said charge.
3. The obligation of the Employer to pay reimbursement fees hereunder is limited
solely to reasonable attorney fees and other reasonable costs of litigation and for no other expenses or financial obligation incurred by the member of the bargaining unit.
D. Litigation Occurring Outside of the Scope of Employment.
The Township will reimburse any Employee in the bargaining unit at the prevailing rate it pays the Township Attorney for legal representation to defray incurred reasonable attorney fees and reasonable litigation costs.
ARTICLE X
DEATH IN THE FAMILY
A. An Employee shall be granted four (4) working days off with full pay upon the death
of wife, husband, son, daughter, parent, brother, sister, grandparent, all step relatives of similar degree, and brothers, sisters, parents and grandparents of Employee's spouse.
B. An Employee shall be granted one (I) working day of absence with full pay in case of
death of a relative not enumerated in Section A above.
C. An Employee shall also be granted a reasonable time off with full pay for the purpose
of travel time if the funeral is out of State. Such time off is subject to the prior approval of the Chief of Police.
D. A workday in accordance with this Article shall mean one (1) full tour of duty
regardless of an employee's work schedule.
E. Should the relative of an employee as listed herein above die while the employee has
scheduled or is on vacation and/or personal day(s), said vacation and/or personal day(s) shall be returned and/or rescheduled upon presentation by the employee of appropriate certification of attendance death and attendance at said related bereavement services and/or activities.
ARTICLE XI
DISCRIMINATION AND COERCION
There shall be no discrimination, interference or coercion by the Employer or any of its agents against the Employees represented by the Association because of membership or activity in the Association. The Association shall not intimidate or coerce Employees into membership. Neither the Employer nor the Association shall discriminate against any Employee because of race, creed, color or national origin, or political affiliation.
ARTICLE XII
MUTUAL AID
Employees, while rendering aid to another community at the direction of their superiors, shall be fully covered by Workman's Compensation and Liability insurance and pension provided by State law.
ARTICLE XIII
COLLECTIVE NEGOTIATING PROCEDURE
A. Collective negotiations with respect to conditions of employment shall be scheduled
and conducted in accordance with the provisions of N.J.S.A. 34: 13A-1, et seq. by the duly authorized bargaining agents of each of the parties. Unless otherwise designated, the Mayor of the Township and the President of the Association shall be the respective bargaining agents for the parties.
B. Collective negotiating meetings shall be held at times and places mutually convenient
at the request of either party.
C. Employees of the Employer who may be designated by the Association to participate
in collective negotiating meetings called for the purpose of the negotiation of an agreement will be excused from their work assignments during hours of negotiation.
D. No representative of the Employer shall meet with any member of the negotiating unit
other than an authorized representative of the PBA, nor shall any member of the negotiating unit, without specific authority of the PBA, meet with a representative of the Employer for the purpose of discussing wages, hour or conditions of employment or matters which are properly subjects of employment or other matters which are properly subjects of collective negotiations between the parties, without prior notification to the PBA and the Township of such meeting and without the presence at such meeting of a representative of the PBA designated by the President of the PBA and a representative of the Employer.
E. The aforesaid provisions of Section D are not intended to prohibit, restrain, interfere
with or affect in any way, the collective negotiating process or labor management relation activities between the parties including, but not limited to, meetings and discussions between authorized representatives of the Employer and the PBA during the terms of this Agreement. The grievance procedure set forth in this Agreement and any other meetings or discussions required under this Agreement or necessary to the proper implementation or performance of the terms of this Agreement.
ARTICLE XIV
SICK TIME
A. Each member shall be granted one and one-quarter (1¼ ) sick days per month for a total of fifteen (15) days per year up to the time of termination of employment. For the purpose of this section one day shall equal eight (8) hours, regardless of employee’s work schedule. Sick time shall not be cumulative.
1. Members will be paid at the time of retirement or termination for one half (½) of the total amount of sick days accrued from the date of hire to December 31, 2004, if the termination occurs while in good standing. Calculation for entitlement under this article at retirement shall be based upon total hours accumulated times the rate of pay as of December 31, 2004, regardless of employee’s work schedule or date of retirement. Payment made to each employee in accordance with this section shall not exceed twenty-thousand ($20,000) dollars. In the event an employee utilizes any of this amount for sick time the payment at the time of retirement shall be reduced accordingly.
2. For purposes of sick time utilization only the following formula shall be
applied:
All officers, regardless of their work schedule shall receive one hundred and twenty (120) hours per year maximum for sick time utilization. Said hourly figures shall be applied only when an officer calls out sick and shall in no way be used to influence either positively or negatively the amount of sick time accrual for severance entitlement in accordance with sections A., ¶1 above.
3. Effective January 1, 2005, employees with unused sick days at the end of the calendar year shall be paid their current hourly wage rate for unused days as follows:
| Annual sick time used in hours | Buy out percentage |
 | |
| <33 | 70% |
| 33-65 | 50% |
| 66-120 | 30% |
| |
| Example 1: | |
| 2005 Wage Rate | $35.00 / hour |
| 2005 Sick Hours Used | 10.67 |
| 2005 Hours to Buy Back | 120.00 - 10.67 = 109.33 |
| *Payable by first paycheck after Feb. 15, 2006 | 35.00 x 109.33 x .70 = $2,487.26 |
| Example 2: | |
| 2005 Wage Rate | $35.00 / hour |
| 2005 Sick Hours Used | 74.69 |
| 2005 Hours to Buy Back | 120.00 - 74.69 = 45.31 |
| *Payable by first paycheck after Feb. 15, 2006 | 35.00 x 45.31 x .30 = $475.75 |
4. To the extent permitted under IRS regulations, employees may elect to have sick time buyback payment deposited into an approved Township deferred compensation plan. Employees must notify the Personnel office in writing by January 10th of each year to select this option.
C. Members who receive a disability retirement or a deferred retirement shall receive
payments in accordance with Section A, I of this Article. If an Employee takes a deferred retirement, payments hereunder shall be made on the date that said Employee would have been eligible for retirement and had remained a member of the Edison Police Department or payments shall be made on the nearest per day thereafter.
D. Hospital confinement and/or major illness and/or injury shall be treated in the
following manner:
1. Members who enter the hospital and/or suffer a major illness and/or injury shall request, as soon as possible, a letter from the attending physician, indicating the type of illness and recommending recuperative time. This letter shall be sent to the Police Chief.
2. After verification of the recommended recuperative time is made by the Township appointed physician, if such verification is requested, and such recuperation time is completed, the Officer shall return to duty. An Officer failing to return to duty after completion of such time shall have sick time deducted from each day he/she fails to return to duty.
3. The Employee shall receive full pay during the periods as set forth herein.
4. The Employer shall have the option to implement a disability insurance
program which will supersede Sections F(1), (2), and (3) herein above. Disability insurance will provide that after forty (40) hours of sick leave used, an employee shall receive full pay from the insurance company for a period of up to one (1) year under the terms of the policy. The disability payments will be done in a manner so as not to affect an employee's pension contributions.
5. Sick time shall not be earned while an employee is on leave according to the provisions of this section.
E. Service connected disabilities shall be treated in the following manner:
1. Members who are injured while in the performance of duty or who sustain illness related to the police occupation will receive up to one (1) year sick leave, not chargeable under sick time regulations. After a period of one (1) year, the illness will be reviewed on a monthly basis and further sick leave will be approved or denied.
2. Any service connected disability must be verified by the police reports and verified by the Township appointed physician.
3. During the period the employee receives full pay, the employee shall endorse over to the Employer any Worker's Compensation benefit check(s) received within forty-eight (48) hours after the employee's receipt of such check(s). The Director of Public Safety or Chief of Police, or his designee, shall be entitled to require any employee claiming any Worker's Compensation benefits or compensation under this Article, to provide a physician's verification.
F. Any member of the Department who reports for duty and subsequently reports off
duty due to illness shall be charged sick time as follows:
1. Any officer assigned to a 4-4 work schedule who reports off duty due to illness within five (5) hours and twenty (20) minutes from the start of the shift will be charged against sick time only those hours actually not worked.
2. Those officers assigned to a non 4-4 work schedule who report off duty due to illness within four (4) hours from the shift start will be charged against sick time only those hours actually not worked.
Notwithstanding the provisions of this section, the Mayor or Director of Public Safety shall determine whether sick time shall be charged in his/her absolute discretion and the decision shall be subject to arbitration but same shall be grievable.
G. Whenever certification of illness is required to be made by the Township appointed
physician under the terms of this Article, said physician's decision shall be final.
H. The Mayor or his designee, at any time, may request a physician designated by the
employer to determine whether the employee is entitled to use paid sick leave. All costs for such examination shall be borne by the Employer. Proof of illness shall be defined to be a certification signed by a licensed physician setting forth the nature of illness and a determination as to whether the illness precluded the employee's performance of his/her duties during said employee's absence. Employees who are absent from duty for three (3) consecutive work days shall, upon the request by the Township, provide a certification from a licensed physician upon their return to duty, certifying that according to his/her professional opinion, the employee's illness or injury prevented the employee from performing his/her duty, and that the employee is now sufficiently recovered and fit to return to full duty.
I. Effective January 1, 1999, an employee must utilize forty (40) hours of sick time prior to being placed on serious illness or injury leave status as contained within Section F, herein above.
J. Any employee who has previously scheduled vacation and/or personal days off and
subsequently is injured, takes sick time, or is recuperating thereof shall be permitted to reschedule said vacation and/or personal days with the approval of the Police Chief and Business Administrator. The employee must attempt to reschedule said time by the end of the calendar year in which the situation arose. If they are unable to do so, either because of the lateness in the year or because of administrative scheduling demands, they shall carry said time if not the first two (2) months of the following year. If not rescheduled during January or February then the time shall be forfeit. Should the employee become injured or ill while already on a vacation or personal day, no rescheduling shall be permitted.
K. LIMITED DUTY LEAVE: Employees who are not able to perform their usual assigned duty due to a temporary medical or emotional condition but are a capable of performing modified duties within the organization for a temporary period of time shall be eligible for return to work with limited duty in accordance with the provisions of General Order #204 , which was originally dated 2-15-94.
ARTICLE XV
DURATION OF AGREEMENT
A. This Agreement shall continue in full force and effect from January 1, 2005 until
December 31, 2008.
B. Negotiations for the year beginning January 1, 2009, shall commence so as to comply
with the requirements of applicable PERC statutes and Administrative Codes, with representatives of PBA Local #75 and the Township representatives.
C. This Agreement shall be effective commencing January 1, 2005, notwithstanding date
of execution hereof and all salaries and benefits as set forth herein shall be retroactive to January 1, 2005.
D. In the event such negotiations do not result in a newly executed Agreement December
31, 2008, the parties agree to continue the negotiations and all terms and conditions of the within Agreement shall continue in full force and effect until the new Agreement is agreed upon and executed.
ARTICLE XVI
SAVINGS CLAUSE
In the event that any provision of this Agreement shall at any time be declared invalid by Legislative act or any court of competent jurisdiction, or through government regulation or decree, such decision shall not invalidate the entire Agreement, it being the express intent of the parties hereto that all other provisions not declared invalid shall remain in full force and effect.
ARTICLE XVII
DUES CHECK-OFF
A. The Township shall deduct from the wages of all personnel covered by this Agreement
who have filed with the Township a proper dues authorization card as required by the laws for the State of New Jersey. The Association shall advise the Township of the fixed and standard dues of its members. The Township shall deduct a proportionate amount from each bi-monthly paycheck and deliver to the Association on the first of each month the previous month's dues collection.
B. The PBA hereby agrees to indemnify, defend and hold harmless the Township or any
of its employees acting on its behalf in matters related hereto from any claim, suit, damages, costs and attorneys fees or actions, of any nature whatsoever, which may be brought at law or equity, or before any administrative agency with regards to or arising from the provisions of this Article.
ARTICLE XVIII
DEPARTMENTAL TRAINING
A. The Employer may provide an in-service training program for all Employees. The
Employees who participate in training programs while off duty shall be compensated for time spent in the program by either monetary payment or compensatory time off.
B. One (1) box of 40 cal. ammunition shall be provided for each Employee at the
Employee's request, per month for the purpose of firearms practice, which practice shall be regulated by the returning of the full box of expended shells to such persons as management shall designate as the person to receive said box of expended shells.
C. Qualifications for firearms shall be accomplished during each officer's respective work
shift. The Firearms Qualification Officer may have to have his/her shift changed temporarily to accomplish said qualifications. In such case, appropriate notice shall be supplied to said qualifying qualifications officer and the shift change shall remain in effect only for said time as necessary to complete the task.
All other training shall be accomplished in accordance with the practices and procedures as have existed for some time.
ARTICLE XIX
POST -TERMINATION EMPLOYMENT
Any Employee whose services are terminated, and who is in good standing, and who is called to testify or assist in any proceedings, including but not limited to criminal and civil cases, administrative hearings, disciplinary hearings and so forth, that the Employee investigated or was involved in prior to the termination of services, shall be compensated for such appearances by a day's pay at the present prevailing rate held immediately prior to termination, exclusive to overtime.
ARTICLE XX
TERMINATION OF ENTITLEMENT
Upon termination, an officer shall be paid for all earned but deferred benefits such as wages, accrued compensation time, overtime pay, holiday pay and accrued vacation time. In the event of the death of said employee, the above-cited benefits shall be paid to the employee’s estate.
ARTICLE XXI
PERSONAL DAYS
A. For officers assigned to a 4-4 work schedule five, (5) personal days on a non-
cumulative basis shall be granted and shall be categorized as emergency and non-emergency days off. For officers assigned to a non 4-4 work schedule, six (6) personal days on a non-cumulative basis shall be granted to each employee and shall be categorized as emergency and non-emergency days off.
B. An officer may take a non-emergency day off by giving a minimum of forty eight
(48) hours written or oral notice and no reason or excuse shall be required of the officer in order to obtain said non-emergency personal day. Said request for a personal day may be approved by said Employee’s immediate superior or other superior in that Employee’s chain of command. Said request for a personal day shall be subject to manpower requirements but said request shall not be unreasonably denied.
C. Any officer whose requests an emergency day off must requests same in the
following manner:
1. Report in person or call by telephone directly to the Bureau Commander requesting a personal day off and giving a brief description of the emergency. This call or personal contact must be made at least one (1) hour prior to the start of the officer’s shift.
2. If the Bureau Commander is not available, the call or personal contact should go to the Watch Commander.
3. If the Watch Commander is not available, the call or personal contact should go the highest ranking officer on duty.
D. Any officer who has one of said personal days denied may carry over that day for one (1) additional year. It must be used or lost in the year following the denial.
ARTICLE XXII
EDUCATIONAL BENEFITS
A. Any officer who attends school while employed as a full-time member of the Edison Division of Police shall be reimbursed for the cost of tuition and academic fees for all courses in the amount per credit hour up to the amount as charged by Rutgers University, taken in the field of law enforcement or in the pursuit of a formal police science program leading to an undergraduate or professional graduate degree. Such courses and programs shall be subject to the recommendation of the Chief of Police with 90 days prior approval by the Director of Public Safety or Business Administrator. A copy of the paid tuition and fee bill shall be submitted to the Business Administrator for reimbursement. Tuition and academic fee will not be reimbursed in cases where a grade of less than "C" is attained. Said reimbursement shall be made by the second pay in August.
B. Tuition and fees will not be reimbursed where other educational programs pay
such costs.
C. Textbook reimbursements for courses meeting the requirements of Section A of
this Article shall only be for those textbooks that are officially required by the school.
Reasonable attempts shall be made to accommodate an Employee including revising his hours of
employment in order that said course or courses may be successfully completed.
D. An Employee who is pursuing a degree as outlined in Section A above, shall receive educational incentive pay in the amount of twenty-five dollars ($25.00) per credit per year commencing after an officer earns sixty (60) credits. Such payment shall be made each year based upon the total number of accumulated credits in excess of sixty (60) credits up to a maximum of one hundred and twenty-eight (128) credits, or a maximum reimbursement of sixty-eight (68) credits. Said reimbursement shall be made by the second pay in August.
E. All other sources of funding (Federal and State) should be exhausted prior to
application to the Employer for reimbursement. Materials concerning such opportunities will be
posted by the Employer on an appropriate bulletin board.
F. In addition to Section D, above, any officer hired with, earning, or currently
possessing a Bachelor of Arts or Bachelor of Science degree shall receive an additional one
hundred ($100.00) dollars annually, added to their educational incentive pay.
ARTICLE XXIII
EMPLOYER RIGHTS
A. The Employer reserves to itself sole jurisdiction and authority over matters of
policy and retains the right subject only to the limitations imposed by the language of this
Agreement in accordance with applicable laws and Department Rules and Regulations as
follows:
1. To direct employees of the Edison Police Department.
2. To hire, promote, transfer, demote, discharge or take other disciplinary action against Employees.
3. To relieve Employees from duty because of lack of work or for other legitimate reasons.
4. To maintain efficiency of the municipal operations entrusted to them.
5. To determine the methods, means and personnel by which such operations are to be conducted.
6. To take whatever actions may be necessary to carry put the mission of the municipality in such situations of emergency.
7. Standards for promotion shall be established with input on these standards between the Director of Public Safety, or his/her designated representative and the representatives of the PBA.
B. No lockout of Employees shall be instituted by the municipal Employer during
the terms of this Agreement. The Association agrees that during the term of this
Agreement, neither it nor its officers, Employees or members will engage in, encourage,
sanction, support, or suggest any strike, work stoppage, slowdowns, mass resignations, mass
absenteeism or any other similar actions which would involve suspension of, or interference
with the normal work of the municipality.
C. In the event that Association members participate in such activities in violation of
this provision, the Association shall notify those members so engaged to cease and desist from
such activities and shall instruct the members to return to their normal duties. Any Employee
participating in these activities may be disciplined by the Employer.ARTICLE XXIV
WELFARE AND PENSION BENEFITS
A. The Employer agrees to provide coverage for all full-time permanent employees and their eligible dependents with medical insurance and hospitalization coverage equivalent to the following:
1. Medical and Hospitalization coverage for all full-time permanent employees and their eligible dependents shall consist of the following options:
| Plan | Deductible | Coinsurance | Co-pay | Biweekly Contribution | |
| | | | 2006 | 20072008 |
| | | | | |
| Traditional | 300/600 | 80-20 | N/A | 25.00 | 27.0029.00 |
| PPO | 200/400 (out of network only) | 80-20 (out of network only) | $15.00 (in network only) | 0.00 | 0.000.00 |
| POS | 1000/2000 (out of network only) | 60-40 (out of network only) | $5.00 (in network only) | 0.00 | 0.000.00 |
2. Medical and Hospitalization coverage for all full-time permanent employees who retired prior to January 1, 2006 and their eligible dependents who were entitled to benefits at the time of severance or retirement as described in Section E shall consist of the following options:
| Plan | Deductible | Coinsurance | Co-pay | Biweekly Contribution | |
| | | | 2006 | 20072008 |
| | | | | |
| Traditional | 100/200 | 80-20 | N/A | 0.00 | 0.000.00 |
| PPO | 200/400 (out of network only) | 80-20 (out of network only) | $15.00 (in network only) | 0.00 | 0.000.00 |
| POS | 1000/2000 (out of network only) | 60-40 (out of network only) | $5.00 (in network only) | 0.00 | 0.000.00 |
Note 1: PPO refers to Horizon Preferred Provider Organization and the Horizon Preferred Provider Organization Network
Note 2: POS refers to Horizon Point of Service and the Horizon Point of Service Network
B. Prescription. The Township shall offer a maintenance drug program for all full-time permanent employees, retirees and their eligible dependents so that on first prescription of a maintenance drug there shall be a 34 day supply with a single co-pay in accordance with the schedule below. On subsequent refills of maintenance drugs the prescription shall be limited to a supply of 90 days and the employee shall be responsible for a single co pay in accordance with the schedule below:
| 2005 | 2006 | 2007 | 2008 |
| | | | |
Brand
(alternative available) | $5.00 | $7.00 | $10.00 | $10.00 |
Preferred Brand
(brand, no alternative available) | $3.00 | $3.00 | $3.00 | $3.00 |
| Generic | $0.00 | $0.00 | $0.00 | $0.00 |
C. Dental
The Township shall offer the following to full-time permanent employees, retirees and their eligible dependents:
1. Dental coverage in effect since December 31, 2004
2. Managed Dental Plan with dependent orthodontic coverage not to exceed $4,000.00 per lifetime maximum per dependent
D. Vision
The Township shall offer the following to full-time permanent employees, retirees and their eligible dependents:
1. Vision coverage in effect since December 31, 2004
E. An employee of the Edison Division of Police who retires and,
1. Has twenty-five (25) or more years of service with the Township of Edison; or
2. Has twenty-five (25) or more years of service as a sworn officer and is a current member of the Edison Division of Police; or
3. Has received a disability retirement
in addition to his or her spouse and dependents who were eligible for paid Township medical benefits while the officer was employed shall have the medical benefit options as described in Sections A-D of this article, and shall have continuous coverage on the same basis during retirement.
F. Dependent coverage is for all children up to the age 23 who reside with the Employee or Employee's spouse and who are unmarried. All other employees shall be extended coverage at their own cost as required by Federal COBRA statues.
G. The provisions of this article shall not apply to any employee who is convicted under state or federal law of a crime or offense committed while in the employ of the Township of Edison which results in either forfeiture of his or her public office employment or bars said employee from public office or employment.
H. Each employee may voluntarily elect, effective July 1, 1998, to reduce the insurance coverage directly provided by the Township pursuant to this Article for employees and/ or his/her family in order to avoid dual coverage by the Township and the employee's spouse (other than the Township). The employee has the option to reduce or eliminate his/her number of members covered (i.e., family coverage to single coverage, or husband and wife coverage, or no coverage, if applicable) to a lower coverage status than the maximum provided. If the employee elects to reduce said coverage provided by the Township, the employee shall receive fifty percent (50%) of the difference between the original coverage premium under COBRA for the period of time that the employee receives the reduced coverage and which shall not be less than twelve (12) consecutive months. The employee shall, prior to receipt of such payment, provide certification of spousal insurance coverage. The employee may return to previous coverage status by providing the Township Administrator with written notice at least ninety (90) days prior to the open enrollment period. The Township shall provide each employee with notice of the beginning of the open enrollment period at least One Hundred Twenty (120) days prior to the beginning of that period.
I. The Township shall make available a flexible medical spending account option to employees as allowable under IRS regulations.
J. The Township shall make available coverage for an unmarried child who is incapable of self-sustaining employment by reason of mental retardation or physical handicap and who became so incapable prior to attainment of age 19 and who is chiefly dependent upon the employee or member for support and maintenance in accordance with N.J.S.A. 17:48E-30.
K. Any retiree or spouse attaining the age of sixty-five (65), and qualified, must enroll into Part A and Part B of Medicare. While the Township will continue to pay for an eligible retiree’s medical benefits, the Township will not be responsible for a retiree’s Medicare premium.
ARTICLE XXV
VACATIONS
A. The agreed annual vacation periods to Employees are as follow:
1. Employees assigned a 4-4 schedule, 10.67 hour day as follow:
a. One (1) to five (5) years of service–eleven (11) days at ten and 40
minutes (10.67) hours each.
b. Six (6) to ten (10) years of service-- sixteen (16) days at ten and 40
minutes (10.67) hours each.
c. Eleven (11) to fifteen (15) years of service-- twenty-one (21) days at
ten and 40 minutes (10.67) hours each.
d. Sixteen (16) to twenty (20) years of service-- twenty-seven (27) days
at ten and 40 minutes (10.67) hours each.
e. Twenty-one (21) to twenty-five (25) years of service-- thirty-two (32)
days at ten and 40 minutes (10.67) hours each.
f. Employees hired after December 31, 1997 and working on the schedule
outlined within Section 1 shall be eligible for a maximum
annual vacation pursuant to subsections "d" and "e" herein of twenty-
six (26) working days.
2. For employees assigned to a non 4-4 schedule eight (8) hour day
a. One (1) to five (5) years -- fourteen (14) days at eight (8) hours each.
b. Six (6) to ten (10) years -- twenty-one (21) days at eight hours each.
c. Eleven (11) to fifteen (15) years -- twenty-eight (28) days at eight (8)
hours each.
d. Sixteen (16) to twenty (20) years -- thirty-five (35) days at eight (8)
hours each.
e. Twenty-one (21) to twenty-five (25) years -- forty-two (42) days at
Eight (8) hours each.
f. Employees hired after December 31, 1997 and working on the schedule
Outlined within Section 2 shall be eligible for a maximum annual vacation
Pursuant to subsections "d" and "e" herein of thirty-five (35) working days.
B. Less than one (1) year's time shall be pro-rated at the rate of one (1) working day
per month of service.
C. Any employee whose employment commence between January 1 and June 30
shall be credited with a full year of service for purposes of vacation entitlement computation in
succeeding years. Vacation times in the first year of service shall be pro-rated at the rate of one
(1) working day per month of service. Commencing with the 1992 Agreement and thereafter,
Employees hired after June 30 shall receive pro rate service credit of one (1) additional vacation
day per month for each month worked for purposes of vacation entitlement following the
anniversary date of their employment at the completion of their fifth (5th) year of service and
every fifth (5th) year multiple thereafter.
D. Vacation leave, subject to the approval of the Chief of Police or his/her designee,
may be taken at times in units of full working days from one full day to twelve (12) consecutive
full working days.
For employees assigned to a 4-4 schedule; Section D will apply as above except (12)
consecutive days will be changed to (8) consecutive days.
E. Subject to other provisions of this contract and depending on manpower or squad
strength, two (2) officers shall be permitted off on each shift in order to go on vacation, and said
two officers on each shift shall be permitted off during the same period of time.
ARTICLE XXVI
COMPENSATORY TIME
A. Compensatory time may be accepted through the mutual consent of the Employer
and the Employee in lieu of payment of overtime.
B. An Employee who agrees to accept compensatory time in lieu of overtime
payment will be compensated at the rate of one and one-half (1-1/2) hours for each worked.
C. Compensatory time off must be taken by the officer within sixty (60) days. If an
Employee makes a request in writing monetary compensation for time accrued be paid
within thirty (30) days of said request.
ARTICLE XXVII
ORGANIZATIONAL CHART
The Employer shall establish a Table of Organization for the Police Department
specifically setting forth minimum manpower requirement for all divisions and bureau. A
copy of said chart shall be given to the PBA President. Any changes made by the Employer to
the chart shall be given to the PBA President.
ARTICLE XXVIII
WAGES AND LONGEVITY
A-1. All Employees covered by this Agreement shall receive wage increases as follows:
1/1/2005 $1,500.00 (equivalent to 60 credits x $25.00 per credit) + 3.8%
1/1/2006 3.9%
1/1/2007 4.0%
1/1/2008 3.6%*
*plus an additional four tenths of one percent (.4%) if sixty percent (60%) of the officers currently enrolled in the Traditional plan enroll in the PPO or POS plans offered prior to 7/1/2007.
The wage scale is as follows:
| | 2005 | 2006 | 2007 | 2008 |
| | | | | |
| | 1,500 | 0 | 0 | 0 |
| | 3.80% | 3.90% | 4.00% | 3.60% |
| | | | | |
| Academy | | 34,202 | 35,536 | 36,957 | 38,288 |
| Step 1 | | 40,203 | 41,771 | 43,442 | 45,005 |
| Step 2 | | 46,204 | 48,006 | 49,927 | 51,724 |
| Step 3 | | 52,987 | 55,053 | 57,255 | 59,317 |
| Step 4 | | 59,770 | 62,101 | 64,585 | 66,910 |
| Step 5 | | 66,551 | 69,147 | 71,913 | 74,502 |
| Step 6 | | 73,335 | 76,195 | 79,243 | 82,095 |
| Step 7 | | 80,113 | 83,237 | 86,567 | 89,683 |
A-2 Any new employee hired from and with experience with another law enforcement
agency shall be started at Step 2 of the salary guide. Any new employee hired with a certificate of completion from an acceptable Police Academy or, once an employee completes the Academy training he/she shall be started at or moved to Step 1 of the salary guide.
A-3. Employees hired prior to July 1st of any year shall advance to the next step on the
salary guide effective January 1st of the following year. Employees hired after July 1st of any year shall advance to the next step on the salary guide effective January 1st of the year following their one-year anniversary. This section shall not affect movement from the Academy rate to Step 1. Such movement to Step 1 is governed by section A-2 herein-above. However, in these cases, movement from Step 1 to Step 2 shall take place in accordance with this section, irrespective of when the affected employee moved from Academy rate to Step 1.
B. Longevity
In addition to the above salaries, a longevity payment shall be paid as hereinafter
fix determined. Such longevity pay to be considered as additional compensation
and shall be considered part of the officer's salary for retirement benefits.
1. Longevity Payment Scale
Two and one-half (2-1/2%) after the first five (5) years. One-half percent (1/2%) every year thereafter until such time as the Employee retires as a police officer in the township of Edison.
2. Effective April 1, 1998, employees receiving longevity payments in excess of
ten percent (10%) will have their percentage rates frozen at the percentage rate that they were receiving as of April 1, 1998. For all other employees, the longevity scale shall be capped at ten percent (10%) effective April 1, 1998.
3. In addition to subsections one and two above, employees who have completed twenty-two (22) years of service as a sworn law enforcement officer certified by the New Jersey Police Training Commission shall be entitled to a senior officer longevity adjustment equal to Six and One-Quarter percent (6.25%) of their base, subject to subsection four below, which shall be added to their base for pension and overtime purposes but not deemed part of their base for salaries for the purpose of calculation the rank differential between any rank officer or classification. For those not previously eligible under this subsection, this benefit shall not be retroactive, and shall be effective on January 1, 2005. For the purpose of this subsection only, an officer shall be given credit for all service as a sworn law enforcement officer certified by the New Jersey Police Training Commission.
4. Longevity adjustments shall be effective as follows: Any officer whose employment commenced between January 1 and June 30 shall be credited with a full year of service credit on January 1st of the anniversary year for purposes of longevity entitlement . Employees hired after June 30 shall receive the longevity increment beginning on the January 1st following the anniversary date of their employment at beginning at the completion of their fifth (5th) year of service and every year thereafter.
C. There shall be a 12.5% salary differential between each rank in the Department
D. Shift Differential
1. A shift differential of 9.5% above the Employee's base salary shall be paid to each officer who works on the midnight shift. A shift differential of 4.5% above Employee's base salary shall be paid to each officer who works on the afternoon shift. Day shift shall commence at 6:20 a.m. and terminate at 5:00 p.m. Evening shift shall commence at 8:50 p.m. and terminate at 7:30 a.m. Where an employee's time divide between two (2) shifts as defined above, the officer shall be paid at the rate of the higher of the two shifts worked provided that he/she has worked at least four (4) hours on the higher of the two shifts.
2. Shift Differential as provided for in Section D, 1 above shall be applied on an eight (8) hours pay basis only and shall be designated as follows:
a. Day shift shall receive a 3.0% shift differential at eight (8) hours
pay.
b. Evening shift as outlined in Article VI shall receive 4.6%
differential at (8) hours pay.
c. Midnight shift as outlines in Article VI shall receive 6.4% shift
differential at eight (8) hours pay.
In no instance and in no case shall a shift overlap whereby an officer assigned to one shift may work into the starting or closing of another shift shall that be interpreted to entitle that officer working said overlap for an increase or decrease in shift differential or shall working said overlap entitle an officer assigned to the day shift to receive any shift differential for that overlap period. Those officers assigned to the traffic and safety division shall receive appropriate shift differential.
3. The PBA President shall maintain his/her shift differential entitlement pursuant to the squad from which he/she was assigned prior to becoming the PBA President.
E. Effective January 1, 2003 and thereafter, the $300 Hazardous Duty allowance shall be eliminated, and added to, considered to be, and paid as a portion of each employee’s base salary as set forth in the schedule of the case salaries contained in Article XXVII.
F. Any employee assigned to act as a Field Training Officer (FTO) shall receive a stipend of Four Hundred and Twenty-Five Dollars ($425.00) per month as compensation for the added responsibility and duties occasioned by such assignment. Employees functioning as or performing the duties of an FTO on an occasional and/or part-time basis shall receive a pro rata portion of the stipend for each day or fraction thereof during which they perform such tasks.
G. Any employee assigned to the Emergency Response Team shall be compensated for annual “range fees” in an amount not to exceed $150.00 per year. All individuals newly appointed to the Emergency Response Team by the Chief of Police shall be compensated for a “range initiation fee” in an amount not to exceed $400.00. Proof of payment in the form of an invoice and/or canceled check must be submitted to the Business Administrator no later than June 30 of each year. Reimbursements shall be made by the second pay in August. In the event the Township provides a range facility for officers to use at no cost, the provisions of this section shall not apply and no payments shall be made for range fees nor for initiation fees.
ARTICLE XXIX
FEDERAL OR STATE LAW
Nothing in this Agreement shall be interpreted to deprive any rights guaranteed to either
the Employer or the Employee by Federal, State or Local law.
ARTICLE XXX
OUTSIDE EMPLOYMENT
An officer may accept and be employed in any occupation during his/her off-duty hours,
providing such occupation is not in any violation of Federal, State or Local law, and providing
that such occupation does not cause a conflict of interest with his/her job as a police officer. The
Employee shall be required to obtain the permission of the Employer before the Employee
obtains other employment.
ARTICLE XXXI
PERSONNEL FILES
A. There shall be two (2) Edison Police Department Employee Files. This first file
shall consist of all personal data concerning the Employee; such as: Achievement Records,
Employment Data, and Founded Disciplinary Data. The second and separate file shall be
maintained for the employee’s medical and disability data pursuant to the Americans with
Disabilities Act. The Chief of Police shall assign a member of the Department to act as
custodian of these files. The Employer shall notify the Employee within reasonable time of any
material considered to be detrimental to the Employee which is to be included in the file. The
Employee shall have the right to examine and material and include a rebuttal.
B. The Employee shall have the right to review his/her file at a reasonable time. Any
detrimental material except for charges leading to conviction or discipline, can be removed
through the Grievance Procedure.
C. Any informal complaints, or misconduct in office charges, which have led to
conviction or discipline of any Employee, shall remain in the personal file according to the
expungement clause in the Edison Police Department’s Rules and Regulations. The
responsibility for removal shall rest with Employee.
D. Any formal complaint shall remain in the personal file until adjudication.
E. No person shall be permitted to review said personnel file except the Chief and
Deputy Chief of Police, the custodian of the personnel files, the Mayor, the Director of Public
Safety or his/her designee and the Employee.
F. Civilian assistants may add date to the personnel files under the direction and
control of the custodian of the personnel file.
G. A log indicating the date, time and person reviewing the files shall be kept in each
files.
H. During the course of an on-going investigation concerning a given officer, that
Employee shall not have access to his/her file.
I. Any Employee shall have the right to review his/her file once per year without
giving notice, but he/she must review same during regular business hours. At any other time,
twenty-four (24) hours advance notice must be given.
ARTICLE XXXII
ADDITIONAL EMPLOYEE RIGHTS
A. The Employee shall have the right at all times to refuse to take a polygraph or
other lie detector test and shall have the right to refuse to testify against himself at his
disciplinary hearing.
B. The Employee shall render decisions within six (6) months after the close of a
disciplinary hearing concerning an Employee. If a decision is not rendered within the aforesaid
time period, the decision shall be deemed to have been in favor of the Employee against whom
the charge or charges have been brought. The section shall be prospective in application only
and shall not apply to charges brought prior to the execution of this contract, but shall only apply
to charges brought after date of execution.
C. When a complaint is either anticipated or filed against an Employee, he/she shall
not be required nor instructed to make a report concerning same prior to any interrogation. This
shall not relieve the officer from his/her responsibilities to file routine reports required in the
course of his/her duties.
D. The Employee shall have the right to consult with and have present a PBA
representative prior to any disciplinary or investigatory hearing or session. Said officer shall not
be forced into answering any questions prior to the arrival of said representative.
ARTICLE XXXIII
JOINT COMMISSION
There shall be a standing committee called the Police Procedures and Equipment
Committee consisting of no more than four (4) police officers, the Chief of Police, and the
Township Business Administrator which shall study equipment and uniforms used in law
enforcement and shall make recommendations to the Director of Public Safety concerning the
purchase of and use of recommended equipment. Such recommendations shall not be subject to
the Grievance Procedure.
The Township Business Administrator shall be Chairperson of the said standing
committee and will schedule meeting as requested by the members of said committee at a
mutually convenient time.
The committee membership may consist of any combination or patrol officers and
superior officers as selected by the Employee Associations but the total number of Employee
members shall not exceed four (4).
ARTICLE XXXIV
CONTINUATION OF BENEFITS
A. All benefits, terms and conditions of employment presently enjoyed by the
Employees hereunder that have not been included in this contract shall be continued in full force
and effect.
B. Any benefit or any other term and condition of employment, which is an
improvement in those which may or may not be enjoyed by the members of this bargaining unit,
and is extended to any other sworn member of the Police Department, with the exception of the
Chief of Police and Deputy of Police, which is not included in this Agreement, shall be extended
to all members of this bargaining unit.
ARTICLE XXXV
DISCIPLINE, DISCHARGE OR SUSPENSION
A. No Employee shall be disciplined or discharged without just cause, except those
officers who have probationary status.
B. Probationary Employees may be discharged without cause during the first twelve
(12) months of employment.
ARTICLE XXXVI
ARBITRATION
A. Any grievance or other matter in dispute involving the interpretation or
application of the provisions of this Agreement not settled by the Grievance Procedure as herein
provided, may be referred to an arbitrator provided it is not specifically exempt from said
arbitration process.
B. Only the PBA or the Township may institute arbitration proceedings when the
Grievance Procedure has been exhausted by written demand upon the other party specifying the
nature of the unsettled grievance or other matter in dispute. Within fifteen (15) days following
presentation of such demand, the party demanding arbitration shall request the New Jersey Public
Employment Relations Commission to present a list of arbitrators from which the parties shall
choose three (3) names as agreed between parties. Said arbitrator will hear the arbitration in the
manner set forth in the Rules and Regulations of the New Jersey Public Employment Relations
Commission.
C. The decision of the arbitrator shall be in writing and shall include the reasons for
such findings and conclusion.
D. The decision of the arbitrator shall be final and binding on the Association and the
Employer.
E. In the event of the change in the law governing the New Jersey Public
Employment Relations Commission or its Rules and Regulations which would in any way effect
the method of selection of an arbitrator then, in the alternative, the party demanding the
arbitration shall request the American Arbitration Association to submit a list of nine (9)
arbitrators from which the parties may make a selection of the arbitrator. If the parties fail to
agree of the selection of the arbitrator from the list, each party shall alternately strike one name
until but one name remains and that party shall be the arbitrator of the issues to be arbitrated.
The cost of the arbitrator’s services, if any, shall be borne equally by the Employer and the
Association.
F. The cost of said arbitration shall be borne equally except representation costs,
experts’ testimony costs and verbatim transcript cost – all of which shall be borne by the party
incurring said costs.
ARTICLE XXXVII
NO WAIVER
Except as otherwise provided in this Agreement, the failure to enforce any provision of the
Agreement or otherwise exercise one’s own rights pursuant thereto shall not be deemed a waiver
thereof. This Agreement is not intended and shall not be construed as a waiver of any right or
benefit to which the employees herein are entitled.
ARTICLE XXXVIII
SHIFT BID
A. Shift assignments shall be made, where all qualifications are equal, pursuant to a
seniority based bid system. Standard slips shall be developed and distributed to all affected
personnel no less than two (2) weeks prior to the agreed upon date. The employee shall list
his/her shift choices, giving 1st, 2nd and 3rd preference. Assignments shall them be made based
upon seniority. This process shall be repeated annually on a date agreed upon by the Chief of
Police and the PBA.
These assignments shall then take effect as of January 1st, following the submission date
and shall remain in effect until the procedure is repeated the following year.
B. This shall not be interpreted to mean that duty assignments, such as detective
bureau, traffic, etc., are to be bid. Those assignment remain the prerogative of the Chief of
Police, which shall be in accordance with controlling statutes, judicial decisions and this
Agreement. Further, in order to meet the needs of training and/or specialized abilities, shift
assignments may need to be altered in order to meet the bona fide safety needs of the citizens of
the Township. In these cases the change shall be made with timely notice and written
explanation and shall last until such time as the specific need have met, at which time the
affected employee shall be returned to his/her bid shift.
C. This Article shall be applied equally, among members of the same rank. Patrol
Officers shall bid with Patrol Officers, Detectives with Detectives, etc.
D. This Article shall not preclude employees from voluntarily switching or swapping
with one another prior to the re-bid date. However, as is the current practice, such switches shall
occur with the approval of the Chief of Police or his designee. Such approval shall not be
arbitrarily or capriciously denied.
E. During an employee’s Probationary period, he/she shall not be eligible to bid for
shift selection. Those employees shall be assigned shifts as may be determined by the Chief of
Police or his/her designee. Following that first year, however, the employee shall bid for shift
selection as does everyone else.
ARTICLE XXXIX
WORK SCHEDULE REVIEW COMMITTEE
Recognizing that work schedules may, from time to time, need some adjustments to
address certain new concerns, the Parties agree to form and institute a Work Schedule Review
Committee (WSRC). This WSRC shall have four (4) members, two (2) appointed by the
Administration and two (2) appointed by the P.B.A. The committee shall meet as needed to
review and discuss the work schedule and any concerns or problems which may arise. The
committee shall make recommendations to their various constituents regarding these concerns
and their possible solutions. It is agreed that no recommended changes concerning the schedule
shall be considered unless they have been brought before this Committee and the Committee has
written its findings and responses thereto and brought those written findings back to Mayor
and the P.B.A. President respectively and simultaneously.
ARTICLE XL
EMPLOYEE DRUG TESTING
The Township and the PBA agree to be bound by the Township’s Alcohol and Drug
Testing Policy and the Attorney General’s Guidelines governing said testing. Insofar as the sworn members of the Police Department are concerned, in the event of a conflict between the Township’s Policy and the Attorney General’s Guidelines, the Attorney General’s Guidelines shall prevail. For the purposes of the random drug testing provisions of the policy, any member of the bargaining unit shall be deemed to be in a “safety-sensitive position.” In the event that a Federal or State Court of competent jurisdiction deems the random testing of police officers to be illegal or unconstitutional, the provision concerning random testing, only, shall be null and void.
ARTICLE XLI
UNPAID LEAVE OF ABSENCE
Employees with at least five (5) years of employment with the Edison Police Department shall be eligible to apply for and receive an unpaid leave of absence for a time period not to exceed six (6) months subject to the approval and the Business Administrator.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed by their
respective representatives, attested by their respective officer, and/or clerks and their corporate
seals to be placed hereto, in the Township of Edison, New Jersey, on this______________day of
_______________, 2005
FOR THE TOWNSHIP OF EDISON:
By:_______________________________
GEORGE A. SPADORO, Mayor
Witness:___________________________
REINA MURPHY, Twp. Clerk
___________________________________
FOR PBA LOCAL #75
By:________________________
MICHAEL SCHWARZ, President
__________________________
HOWARD ASKELSON, Vice President
___________________________
MICHAEL MICHALSKI, Treasurer
_____________________________
KEITH HAHN, State Delegate
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