JULY 1, 2019 – DECEMBER 31, 2022

O’Toole scrivo, llc
14 Village Park Road
Cedar Grove, NJ 07009
(973) 239-5700

HYPERLINK \l "_Toc129602144"ARTICLE I – RECOGNITION PAGEREF _Toc129602144 \h 2

HYPERLINK \l "_Toc129602145"ARTICLE II – BILL OF RIGHTS PAGEREF _Toc129602145 \h 3

HYPERLINK \l "_Toc129602146"ARTICLE III – MANAGEMENT RIGHTS PAGEREF _Toc129602146 \h 4

HYPERLINK \l "_Toc129602147"ARTICLE IV – GRIEVANCE PROCEDURE PAGEREF _Toc129602147 \h 6

HYPERLINK \l "_Toc129602148"ARTICLE V – DISCHARGE AND DISCIPLINE PAGEREF _Toc129602148 \h 12

HYPERLINK \l "_Toc129602149"ARTICLE VI – UNION RIGHTS PAGEREF _Toc129602149 \h 13

HYPERLINK \l "_Toc129602150"ARTICLE VII – UNION SECURITY PAGEREF _Toc129602150 \h 15

HYPERLINK \l "_Toc129602151"ARTICLE VIII – NON-DISCRIMINATION CLAUSE PAGEREF _Toc129602151 \h 17

HYPERLINK \l "_Toc129602152"ARTICLE IX – PERSONNEL FILES PAGEREF _Toc129602152 \h 18

HYPERLINK \l "_Toc129602153"ARTICLE X - SENIORITY PAGEREF _Toc129602153 \h 19

HYPERLINK \l "_Toc129602154"ARTICLE XI – HOURS OF WORK PAGEREF _Toc129602154 \h 23

HYPERLINK \l "_Toc129602155"ARTICLE XII - HOLIDAYS PAGEREF _Toc129602155 \h 27

HYPERLINK \l "_Toc129602156"ARTICLE XIII - VACATION PAGEREF _Toc129602156 \h 29

HYPERLINK \l "_Toc129602157"ARTICLE XIV – SICK LEAVE PAGEREF _Toc129602157 \h 35

HYPERLINK \l "_Toc129602158"ARTICLE XV – PAID LEAVES OF ABSENCE PAGEREF _Toc129602158 \h 38

HYPERLINK \l "_Toc129602159"ARTICLE XVI – UNPAID LEAVES OF ABSENCE PAGEREF _Toc129602159 \h 43

HYPERLINK \l "_Toc129602160"ARTICLE XVII – GENERAL PROVISIONS PAGEREF _Toc129602160 \h 45

HYPERLINK \l "_Toc129602161"ARTICLE XVIII – HEALTH INSURANCE PAGEREF _Toc129602161 \h 46

HYPERLINK \l "_Toc129602162"ARTICLE XIX – SALARIES AND WAGES PAGEREF _Toc129602162 \h 52

HYPERLINK \l "_Toc129602163"ARTICLE XX – LONGEVITY PAY PAGEREF _Toc129602163 \h 57

HYPERLINK \l "_Toc129602164"ARTICLE XXI – REQUIRED SCHOOL AND TUITION REIMBURSEMENT PAGEREF _Toc129602164 \h 58

HYPERLINK \l "_Toc129602165"ARTICLE XXII – AUTOMOBILE ALLOWANCE PAGEREF _Toc129602165 \h 60

HYPERLINK \l "_Toc129602166"ARTICLE XXIII – CLOTHING AND UNIFORM ALLOWANCE PAGEREF _Toc129602166 \h 61

HYPERLINK \l "_Toc129602167"ARTICLE XXIV – WORKPLACE DEMOCRACY ENHANCEMENT ACT PAGEREF _Toc129602167 \h 62

HYPERLINK \l "_Toc129602168"ARTICLE XXV – SEPARABILITY AND SAVINGS PAGEREF _Toc129602168 \h 63

HYPERLINK \l "_Toc129602169"ARTICLE XXVI – FULLY BARGAINED FOR PROVISIONS PAGEREF _Toc129602169 \h 64

HYPERLINK \l "_Toc129602170"ARTICLE XXVII – TERM AND RENEWAL PAGEREF _Toc129602170 \h 65

1. The executive management and administrative control of the City government and its properties and facilities and activities of its employees utilizing personnel methods and means of the most appropriate and efficient manner possible as may from time to time be determined by the City.

2. To make rules of procedure and conduct, to use improved methods and equipment, to determine work schedules and shifts, to decide the number of employees needed for any particular time and to be in sole charge of the quality and quantity of the work required.

3. The right of management to make such reasonable rules and regulations as it may from time to time deem best for the purposes of maintaining order, safety, and/or the effective operation of the City, after advance notice thereof to the employees and to require compliance by the employees is recognized.

4. To hire all employees, and subject to the provisions of law, to determine their qualifications and conditions of continued employment, or assignment, and to promote and transfer employees.

5. To suspend, demote, discharge or take any other appropriate disciplinary action against any employee for just cause.

6. To lay off employees in the event of lack of work or funds or under conditions where continuation of such work would be inefficient and non-productive or for other legitimate reason.

7. The City retains the right to subcontract any or all of the work performed by employees covered by this Agreement.

B. The City reserves the right, with regard to all other conditions of employment not reserved, to make such changes as it deems desirable and necessary for the efficient and effective operation of the City.

C. Nothing contained herein shall be construed to deny or restrict the City of its rights, responsibilities and authority under R.S. 40A, or any other national, state, county or local laws and regulations.

D. This Article does not include Police civilians

B. A grievance is a claim by an employee or the Union based upon the interpretation, application or violation of this Agreement and includes minor discipline as noted in Step Three below.

C. The term "aggrieved" shall be taken to include all those employees covered by this Agreement.

D. If a grievance affects a group of employees, the Union may process and institute such grievance at Step Three, provided it is initiated and signed by at least one employee.

E. The term "days" when used in this Article shall, except where otherwise indicated, excludes Saturdays, Sundays, and Holidays.

F. The parties shall attempt to hold grievance meetings during normal business hours and on the City's premises. However, all grievance meetings with the City shall be without loss pay.

G. The Union President and AFSCME Council 63 shall be notified of all proposed disciplinary actions. The Union shall have the right to submit a grievance concerning a minor

suspension as well as major discipline involving provisional bargaining unit members directly to Step Three, and shall be handled in accordance with this procedure, including arbitration. All bargaining unit members with permanent Civil Service status subject to major discipline shall be required to challenge said discipline through Civil Service rules and regulations and shall be precluded from using the Grievance Procedure to resolve the discipline. All bargaining unit members with permanent Civil Service status subject to minor discipline shall have the right to appeal such discipline through the Grievance Procedure up to and including arbitration.

H. The Union reserves the right to have non-employee Union representatives at all steps of the Grievance Procedure.

I. Procedure:

STEP ONE: The Union Steward or other authorized representative, with the employee, shall take up the grievance or dispute with the employee's immediate supervisor within twenty-one (21) days of its occurrence. The written grievance at this Step shall contain the relevant facts, the applicable Section of the Agreement allegedly violated, and the remedy requested by the grievant. The supervisor shall then attempt to adjust the matter and shall give his/her answer to the Steward within five (5)

workdays. Failure to initiate the grievance within the time limit specified above shall constitute an abandonment of the grievance, and the grievance shall, thereafter, be forever barred.

STEP TWO: If the grievance has not been settled in Step One, it will be reduced to writing and presented to the Department Head, or his/her designee, within ten (10) work days following receipt of the determination from Step One. Thereafter, the Union and the Department Head, or his/her designee, shall meet at a mutually agreed upon time to discuss the grievance. The Department Head, or his/her designee, in consultation with the Division Head and immediate supervisor, shall render an answer, in writing, within five (5) workdays after its presentation at Step Two.

STEP THREE: If the grievance is still unresolved, it shall, within ten (10) workdays from receipt of the answer in Step Two, be submitted to the Business Administrator or his/her designee, who shall schedule a meeting within ten (10) work days with the Union and the grievant. The Business Administrator or his/her designee shall forward his/her answer in writing to the Union President and the grievant within five (5) workdays thereafter.

STEP FOUR: If the grievance is still unsettled, the Union may, within thirty (30) days following the answer in Step Three, request arbitration.

1. The arbitrator shall be selected in accordance with the rules and regulations of the Public Employment Relations Commission.

2. The arbitrator shall conduct a hearing and shall render his/her decision in writing with findings of fact and conclusions of law. The decision of the arbitrator shall be final and binding upon parties subject to the rights of the parties under law.

3. The arbitrator shall not add to, subtract from, modify or amend in any way this Agreement.

4. Only one (1) issue or grievance may be submitted to an arbitrator unless the parties agree otherwise.

5. The cost of the arbitrator will be borne equally by the Union and the City and all other expenses incurred by either side, including the presentation of witnesses, will be borne by the side incurring same. However, upon timely request, the City will make available for an arbitration hearing, employees of the City who the Union requested as witnesses on its behalf. The City shall make such employees available with the least disruption to the work of the City, and such individuals shall suffer no loss of their regular straight time rate of pay during their regular working hours for such appearance.

J. 1. Failure to process the grievance at any step within the time limits specified for that step will constitute an abandonment of the grievance, and that grievance shall, thereafter, be forever barred.

2. Failure by the City at any step of this procedure to communicate to the aggrieved employee and the Union the decision on a grievance within the specified time limits shall be deemed a negative response, and shall permit the Union to proceed to the next step of the grievance procedure.

3. Any of the time limits specified above may be extended by mutual agreement.

K. Miscellaneous:

1. Any employee shall have the right to present his grievance with assured freedom from restraint, interference, coercion discrimination or reprisal.

2. The grievance procedure shall in no way impair, diminish, or preclude any rights of the parties as set forth in New Jersey Statutes, N.J. Administrative Code, or any other law.

3. If, in the judgment of the Union a grievance affects a group of employees, the Union may process and institute such grievance at Step 3 of this grievance procedure, provided it is initiated and signed by at least one employee.

5. The concept of progressive discipline shall be kept in mind in all disciplinary matters.

B. A grievance may be settled at any stage of the disciplinary grievance procedure, provided that the Union shall be notified and offered the opportunity to be present at all meetings, hearings, disciplinary proceedings or discussions which involve the employees covered by this Agreement. The employee and the Union shall be provided with a written copy of any such settlement within three (3) work days.

C. Excluding criminal charges/investigations, all employees must be charged for disciplinary reasons within thirty (30) days of the City learning of the incident, which includes identification of the responsible person.

The City agrees to provide bulletin boards for the exclusive use of the Union to post notices and other Union information at each work location. Such notices shall be affixed with the Local AFSCME number or Council 63, and/or AFSCME International letterhead.

B. Access to Premises:

The City agrees to permit representatives of the International Union and Union Council 63, subject to prior approval of the Director of Personnel or his designee, to enter the premises of the City for individual discussion of working conditions with employees, provided such representatives do not interfere with the performance of duties assigned to employees. Upon entering the workplace, the Union President or other authorized representative shall notify the Department Head or other designated supervisor.

C. Contract Negotiations:

The City will give time off with no loss of pay to the President and seven (7) members of the bargaining unit negotiating team to participate in contract negotiations. If such meetings are conducted during regular business hours, there shall be no loss of regular straight time pay for such employees.

D. A reasonable amount of time must be given to the Union President, the Executive Board, or his/her alternate during working hours for:

1. Grievance hearings and other mutually scheduled meetings and hearings with the City.
2. All PERC hearings involving bargaining unit members. The union representative must give 10 days' advance notice of said hearings to his/her supervisors.
3. All O.A.L. hearings involving bargaining unit members. The union representative must give 10 days' advance notice of said hearings to his/her supervisor.
4. Leave for attendance for Union conferences/conventions.

B. P.E.O.P.L.E.

1. The City agrees to deduct from the wages of all bargaining unit members a deduction for the Public Employees Organizing for Political and Legislative Equality ("P.E.O.P.L.E.") as provided for in a written authorization. Such authorization must be executed by the employee and may be revoked by the employee at any time by giving written notice to both the City and the Union. The City agrees to remit any deductions made pursuant to this provision promptly to the Union, together with an itemized statement showing the name of each employee from whose pay such deduction had been made, and the amount deducted during the period covered by the remittance.
C. Indemnification:

The Union agrees to indemnify and save the City harmless against any and all claims, demands, suits or other forms of liability that arise out of or by reason of action taken by the City in reliance upon dues deduction and/or P.E.O.P.L.E. authorization information furnished by the Union or its representatives or in reliance upon the official notification on the letterhead of the Union and signed by the President of the Union advising of any changes in such deductions.

B. All references to employees in this Agreement designates both sexes and wherever the male gender is used, it shall be deemed to include male and female employees.

C. The City and the Union agree that every employee shall have the right to organize, join and support the Union for the purpose of engaging in collective negotiations or the refrain from same. The City and the Union undertake and agree that they shall not directly or indirectly discourage or deprive or coerce an employee in the enjoyment of any right conferred by Chapter 303 of the Public Laws, 1968, as amended.

B. Upon request in writing, an employee shall have access to his/her own personnel file during working hours. An employee, upon request, will be furnished a copy of an individual item (s) in his/her personnel file.

C. The employee shall have the right to respond in writing to any document in the file such response shall become part of the personnel file.

E. The home telephone number and address of employees will not be made available for the use of outsiders but such use shall be confined to the business of the City.

Seniority means an employee's length of continuous service with the City since his/her last date of hire.

B. Application:

Seniority shall apply toward longevity payments and length of vacations.

C. Seniority List:

A copy of the seniority list shall be furnished by the City to the Union local every six (6) months. The seniority list shall show the names, job title and date of hire of all employees in the bargaining unit, and shall be posted by the Union on all bulletin boards.

D. Breaks in Continuous Service:

An employee's continuous service record shall be broken by voluntary resignation, discharge for just cause, and/or retirement. If an employee returns to work in any capacity within one (1) year, such employee shall receive credit for the previous service. However, the time spent on leave (with or without pay) or through resignation, discharge or other cause, shall not count as service time.

E.

1. In order to keep employees within a department or organizational unit informed of positions in which they may be interested for the purpose of transfer, reassignment, or promotion, and to provide an opportunity to apply for existing or planned job vacancies, such vacancies shall be noted as per the NJ Civil Service Commission Internet web site, and also periodically by the Director of Personnel. The term “promotion" means the advancement of an employee to a higher position.

2. Provisional ^{promotions and/or vacancies} shall be filled from among those employees who apply and meet the requirements of the job.

3. Upon a promotion, the salary of the promoted employee will be appropriately adjusted.

F. Layoffs:

1. In the event the City plans to lay off employees for any reason, the City shall meet with the Union to review such anticipated layoff prior to the date such action is to be taken in accordance with procedures of the NJ Civil Service Commission.

2. When such action takes place, it shall be accomplished by laying off any temporary and probationary employees first. Should it be necessary to further reduce the work force, then regular employees shall be laid off in inverse order of seniority.

3. The City shall forward a list of those employees being laid off to the Local Union Secretary on the same date that the notices are given to the employees.

4. Employees to be laid off will be given notice in accordance with NJ Civil Service Commission regulations and will be afforded all rights due them under such regulations.

5. In the event that NJ Civil Service Commission regulations governing layoffs, notice, bumping and other rights are not applicable, then as employee subject to layoff will be permitted to exercise his/her seniority rights to bump, or replace, an employee with less seniority. Such employee may, if he/she so desires, bump an employee in an equal or lower job classification, provided the bumping employee has greater seniority.

G. Recall:

H. In the event of a layoff, the Union has the right to negotiate all wages associated with bumping and recall.

The regular workday shall consist of eight (8) consecutive hours within a twenty-four (24) hour period, inclusive of meals.

B. Work Week:

1. The regular work week shall be Monday through Friday.

2. For employees working in the Record Bureau, Identification Bureau, and the Auto Squad, the work week shall be Monday through Friday, and all employees shall be entitled to two (2) fifteen (15) minute rest periods during each full shift, in addition to their paid meal period.

C. Work Schedules:

Work schedules showing each employee's hours and work week, and whether employed on a full for part time basis shall be made available to the Union upon request. Except in cases of emergency, employee(s) and the Union will be notified not less than one (1) week in advance of any change in work schedule of hours. In cases of emergency, the Union will be notified of the change within the pay period following the implementation of the new work schedule of hours.


D. Overtime:

1. Overtime is defined as work in excess of the employee’s regularly scheduled work week. Employees who are normally scheduled to work thirty-five (35) hours per week will receive straight time pay for the hours from thirty-five (35) through forty (40), and time and one-half (1 ½) the regular straight time pay for all hours worked in excess of forty (40) hours per week. However, at the employee’s discretion, they can alternatively elect to receive compensatory time at time and one-half (1 ½) instead of pay at time and one-half (1 ½). Pay shall be the default method of receipt and an employee’s election to receive compensatory time instead of pay shall be in writing (e.g. Overtime/Compensatory Time Authorization form) prior to working the overtime.

2. An employee required to work on Sunday shall be paid double his/her hourly rate of pay for all hours worked.

3. Overtime requirements: Overtime work shall be given to qualified employees on a rotating basis in order of seniority among those employees able to perform the work. Employees may be required to work a reasonable amount of overtime.

E. For the purposes of computing overtime, the following paid absences shall be considered as time worked:

Bereavement Days Personal Days

Holidays Sick Days

Jury Duty Vacation Days

G. All overtime worked shall be paid for promptly, no later than in the next regular payroll check.

H. Data Processing personnel will receive the following shift differential in addition to their regular base pay:

1. Second Shift – 5%

2. Third Shift – 10%

J. Call-In Time:

Any employee called for emergency duty, in addition or outside of their regularly scheduled shift, shall be paid at time and one -half (1 ½) for all hours worked.

K. Break:

All employees are entitled to a fifteen (15) minute break in the morning and a fifteen (15) minute break in the afternoon. Smoking breaks are included in the definition of "Rest". Smoking breaks are not in addition to the rest periods provided herein. Abuse of this provision will lead to disciplinary action.

New Year’s Day Martin Luther King Day President’s Day Good Friday Memorial Day Juneteenth Independence Day Labor Day

Columbus Day Election Day Veterans Day Thanksgiving Day Day After Thanksgiving Christmas Eve Christmas Day

C. 1. Any employee who is scheduled to work on an observed City holiday, will receive one and one-half (1.5) times his or her regular rate of pay for all hours worked on said observed holiday, in addition to their regular paycheck.

2. Any employee not scheduled to work on an observed City holiday and who is not called in to work on said holiday shall receive no additional compensation.

3. Any employee who is not scheduled to work and is called in to work on an observed City holiday, will receive two (2) times his or her regular rate of pay for all hours worked on said observed holiday, in addition to their regular pay check.

4. Any employee scheduled to work on an observed City holiday and does not work on that holiday for any reason shall not be entitled to the compensation listed in Section B1 above but shall only receive their regular paycheck.

E. Emergency Days:

Emergency days will be given to any employee who has an emergency situation arise on a particular working day. The emergency day can only be used if the employee has enough time accrued in their vacation and personal credits to allow for an emergency day. After an employee takes two (2) emergency days in a calendar year, any additional emergency days shall only be granted by the supervisor if they do not negatively impact operations and the employee must state the reason for any additional emergency day(s), and the supervisor has the right to require verification of emergency days for the remainder of that calendar year. For purposes of this section, an emergency shall be defined as any of the following occurrences:

1. The employee’s spouse, child, parents, domestic partner, or grandparents has unexpectedly become seriously ill or has had a serious accident; or

2. An unforeseen occurrence with response to the employee’s household (e.g., fire, flood, or ongoing loss of power). “Household” shall be defined as the physical aspects including pets of the employee’s residence or vehicle.

1. From date of hire to one (1) year - one and one- quarter (1-1/4) working day per month once the three (3) month provisional period for the new worker is completed.

2. Employees with one (1) year and one (1) day through three (3) years - fifteen (15) working days vacation per year which is equal to 1.25 days per month.

3. Employees with four (4) years and one (1) day through fifteen (15) years - twenty (20) working days vacation per year which is equal to 1.66 days per month for eleven (11) months, and 1.67 days per month for the twelve (12) months.

4. Employees with sixteen (16) years and one (1) day and over - twenty-six (26) working days vacation per year which is equal to 2.16 days per month. Those employees receiving thirty (30) working days vacation per year which is equal to 2.5 vacation days per month will continue to receive such vacation.

5. In the event of conflict over a vacation period, the choice of vacation shall be granted on the basis of seniority, except in the event of failure of an employee to give prior notification. In addition, no employee who has been approved for vacation time will have such approval withdrawn if an employee with more seniority subsequently submitted a conflicting request.

6. If a holiday occurs during the calendar week in which an employee is on vacation, his/her vacation shall be extended by one (1) day or he/she shall be given additional day's pay or another day off at the discretion of the Department Director.

7. An employee who is laid off, retired, or separated, or terminated by the City for any reason, shall be paid for unused vacation accumulated at the time of such separation.

8. Employees shall receive vacation pay on the pay day immediately prior to the start of said vacation, provided not less than two (2) weeks' notice has been received by the City of such employee request.

9. With the approval in writing of the employee's Department Head and the Mayor, an employee, because of the pressure of work or special circumstances, who is unable to use his/her accrued vacation, may carry the full amount of the unused accrued vacation forward to the following year, to be used in the next calendar year.

10. Employees unable to use their full accrued vacation because of the City's inability to grant such vacation by the termination of this Agreement may carry such vacation forward into the succeeding year only.

11. Vacation days may be used in ½ day increments.

B. All employees in the bargaining unit hired after January 13, 2005, except Police and Fire civilians, shall be entitled to a paid vacation in accordance with the following schedule:

1. From date of hire to one (1) year one and one- quarter (1-1/4) working day per month once the three (3) month provisional period for the new worker is completed.

2. Employees with one (1) year and one (1) day through four (4) years - fifteen (15) working days vacation per year which is equal to 1.25 days per month.

3. Employees with five (5) years and one (1) day through sixteen (16) years - twenty (20) working days vacation per year which is equal to 1.66 days per month for eleven (11) months, and 1.67 days per month for the twelfth (12) months.

4. Employees with seventeen (17) years and one (1) day and over - twenty-six (26) working days vacation per year which is equal to 2.16 days per month. Those employees receiving thirty (30) working days vacation per year which is equal to 2.5 vacation days per month will continue to receive such vacation

5. In the event of conflict over a vacation period, the choice of vacation shall be granted on the basis of seniority, except in the event of failure of an employee to give prior notification. In addition, no employee who has been approved for vacation time will have such approval withdrawn if an employee with more seniority subsequently submits a conflicting request.

6. If a holiday occurs during the calendar week in which an employee is on vacation, his/her vacation shall be extended by one (1) day, or he/she shall be given additional day's pay or another day off at the discretion of the Department Director.

7. An employee who is laid off, retired, or separated, or terminated by the City for any reason, shall be paid for unused vacation accumulated at the time of such separation.

8. Employees shall receive vacation pay on the pay day immediately prior to the start of said vacation, provided not less than two (2) weeks' notice has been received by the City of such employee request.

9. With the approval in writing of the employee's Department Head and the Mayor, an employee, because of the pressure of work or special circumstances, who is unable to use his/her accrued vacation, may carry the full amount of the unused accrued vacation forward to the following year, to be used in the next calendar year.

10. Employees unable to use their full accrued vacation because of the City's inability to grant such vacation by the termination of this Agreement may carry such vacation forward into the succeeding year only.

11. Vacation days may be used in ½ day increments.

1. All full time employees hired before January 13, 2005, shall receive an annual vacation leave according to the following schedule:

a. Schedule of Annual Leave

One (1)-Three (3) Years (15) - 1.25 Days/Month

Four (4)-Ten (10) Years (20) - 1.66 Days/Month

Eleven (11)-Twenty (20) Yrs. (25) - 2.08 Days/Month

Twenty (20) Years & Over (30) - 2.50 Days/Month

2. The employee's supervisor and/or Department Head, may within his/her sole discretion, approve a leave of absence with pay for less than five (5) days at a time.

D. Police and Fire Civilian Vacation Leave:

1. All full time employees hired after January 13, 2005, shall receive an annual vacation leave according to the following schedule:

a. Schedule of Annual Leave

One (1)-Four (4) Years (15) - 1.25 Days/Month

Five (5)-Eleven (11) Years (20) - 1.66 Days/Month

Twelve (12)-Twenty-One (21) Yrs. (25)- 2.08 Days/Month

Twenty-One (21) Years & Over (30) - 2.50 Days/Month

2. The employee's supervisor and/or Department Head, may within his/her sole discretion, approve a leave of absence with pay for less than five (5) days at a time.

E. Other than employees in their provisional period, all bargaining unit employees shall receive their full allotment of annual vacation days commensurate with the years of service credited to each employee for use on the first day of the calendar year. Employees shall not be paid for vacations days taken after they have exhausted their accrued vacation time in a given year. Also, when an employee separates from employment with the City and has utilized more vacation days than earned as of the date of severance, the City may withhold the difference of used vacation days and the earned vacation days from said employee’s last paycheck(s).

B. Entitlement. Employees shall be entitled to utilize accumulated sick leave for the following reasons:

1. Personal injury or illness;

2. Where exposure to contagious diseases endanger the health of other employees;

3. Where a member of the employee’s immediate family is critically ill or disabled;

4. For medical or dental examination or treatment for which arrangements cannot be made; or outside of working hours.

C. A doctor’s note shall be required after five (5) consecutive days of sick leave or whenever it appears reasonable to the City to request a doctor’s certification.

D. Payment of Accumulated Sick Leave:

Full-time employees on the payroll as of the signing of this Agreement shall receive payment for unused sick leave as follows:

1. Full-time employees who retire after twenty (20) years of service shall receive compensation for unused accumulated sick leave at the full daily rate of pay, based upon the average base pay received during the last full year of his/her active employment prior to the effective date of retired.

2. There shall be a maximum payout for unused accumulated sick leave of $15,000.00 per employee.

3. Employees may request a lump sum payment for their unused accumulated sick leave when they receive notice of their retirement approval, payable as soon after the effective date of their retirement as possible.

4. Employees shall notify the City no later than December 1^st that he/she plans to retire. Failure to notify the City may cause a delay in the retirement payment due.

A. Funeral Leave – White Collar, Municipal Court Employees, and Police and Fire Civilians:

2. A one (1) day leave of absence with full pay shall be granted the employee in the event of the death of any other close relative not defined. The day shall be taken between day of death and day of funeral.

B. Personal Leave - White Collar, Municipal Court, Police Civilians and Fire Civilians:

C. NJ Department of Personnel Examinations:

Employees shall be allowed to take time off with pay to take open competitive and promotional examinations offered by the State Department of Personnel system.

D. Workers Compensation:

1. a. In the event an employee becomes disabled by reason of service-connected injury or illness and is unable to perform his duties, then, in addition to any sick leave benefits otherwise provided for herein, he may be entitled to full pay or a period of up to one (1) year. In the event an employee is granted said injury leave, the City's sole obligation shall be to pay the employee the difference between his regular pay and any compensation, disability, or other payments received from other sources provided by the City. At the City's option, the employee shall either surrender and deliver his entire salary payments or the City shall pay the difference.

b. If an employee returns to work from injury leave for less than one (1) year, he may return to injury leave for the same injury for an additional period of time which, when added to the initial period of injury leave, totals no more than one (1) year.

2. When an employee requests injury leave, he or she shall be placed on "conditional injury leave" until a determination of whether or not an injury or illness is work related and the employee is entitled to injury leave is initially made by the City's Worker's Compensation carrier, with the final determination, if necessary, to be made by the Worker’s Compensation Bureau or Court. When and if it is finally determined that the injury or illness is not work related and that the employee is not entitled to job injury compensation, the employee shall be denied injury leave and shall have all time off charged against his or her accumulated sick time and, if necessary, against any other accumulated time. If the employee does not have enough accumulated time off, he or she shall be advanced sick time to cover the absence. If the employee leaves the employ of the City prior to reimbursing the City for such advanced time, the employee shall be required to reimburse the City for such advanced time.

3. Any employee who is injured, whether slight or severe, while working, must make an immediate report within forty-eight (48) hours thereof to the City Administrator.

4. It is understood that the employee must file an injury report with the Supervisor/City Administrator within forty-eight (48) hours so that the City may file the appropriate Worker's Compensation Claim. Failure to so report said injury may result in the failure of the employee to receive compensation under this Article.

5. The employee shall be required to present evidence by a certificate of a physician designated by the insurance carrier that he is unable to work, and the City may reasonably require the employee to present such certificate from time to time.

6. If the City does not accept the certificate of the physician designated by the insurance carrier, the City shall have the right, at its own cost, to require the employee to obtain a physical examination and certification of fitness by a physician appointed by the City.

7. In the event the City appointed physician certifies the employee fit to return to duty, injury leave benefits granted under this Article shall be terminated, unless the employee disputes the determination of the City appointed physician. Then the City and the employee shall mutually agree upon a third physician who shall examine the employee. The cost of the third physician shall be borne equally by the City and the employee. The determination of the third physician as to the employee's fitness to return to duty shall be final and binding upon the parties. In the event the third physician also certifies the employee fit to return to duty, injury leave benefits granted under this Article shall be terminated.

8. If the City can prove that an employee has abused his privileges under this Article, the employee will be subject to disciplinary action by the City.

E. Military Leave:

Employees shall be entitled to military leave in accordance with applicable Federal and State statutes and regulations.

F. Jury Duty:

Employees summoned for Jury Duty shall be granted paid leave for the period of such service. Fees received by employees for travel or meals may be retained by the employee. Any other fees by the employee in connection with such jury service shall be turned over to the City.

After completing two (2) years of service, any permanent employee, upon written request, may be granted a leave of absence not to exceed six (6) months, but it may be extended or renewed at the request of the employee with the approval of the Department Director and Personnel Director. Such leave shall not be provided more than once every three (3) years.

B. Extended Sick Leave:

Extended sick leave without pay may be granted to permanent employees for a period, not to exceed six (6) months. Such leave to be extended upon request and with the approval of the Department Director and Personnel Director. Such approval shall not be unreasonably withheld.

C. Parental Leave:

Parental leave shall be granted for a period of up to six (6) months and shall, upon written request, be extended to a maximum of one (1) year. The employee may exhaust all earned sick and vacation time prior to such leave, but will not be required to do so.

D. Union Business:

Employees elected to any Union office or selected to take full-time employment with the Union may, at the written request of the Union to the Director, be granted a leave of absence without pay, not to exceed one (1) year.

E. Other Leaves of Absence:

Leaves of absence for a limited period, not to exceed three (3) months, may be granted to permanent employees for any reasonable purpose, and may be renewed or extended, by written request, up to twelve (12) months with the approval of the Department Director and Personnel Director.

2. The contribution shall apply to employees for whom the employer has assumed a health care benefits payment obligation to require that such employees pay at a minimum the amount of contribution specified in this section for health care benefits coverage. The parties agree that should an employee voluntarily waive all coverage under the State Health Benefits Plan and provide certification to the City that he/she has other health insurance coverage; the City will waive the contribution for that employee. An employee on leave without pay who receives benefits under the State Health Benefits Plan shall be required to pay the requisite contribution, and shall be billed by the employer for these contributions. Healthcare benefits coverage will cease if the employee fails to make timely payments.

3. The City reserves the right to self-insure or change insurance companies in providing health benefits agreed to hereunder as long as the benefits set forth in this Agreement, and presently in effect, are in the aggregate substantially equivalent. The Union will be notified by the City in advance regarding such changes.

B. Optical Plan:

The City shall continue to provide, to employees only, coverage under the Optical Plan in effect since December 31, 1983. Effective retroactive to July 1, 2003, the optical plan shall be increased to provide $50.00 for eye examinations and $50.00 for frames/lenses. Bargaining unit employees shall be entitled to this benefit every other year, as in the current plan.

C. Retiree Health Benefits:

The City shall provide post-retirement health benefits to full time employees and their dependents in accordance with the provisions of the New Jersey State Health Benefits Plan. The employees shall make such contribution to this plan at the Tier 4 level under P.L. 2011, Chapter 78, except for retirees that were exempted from contributions pursuant to applicable law. Said benefits shall be provided:

1. To all current employees who retire with 25 years or more of service credit with the City and who have reached 55 years of age;

a. Current employees as of December 31, 2020 who will have 25 years in the New Jersey pension plan and at least 5 years of service with the City will be grandfathered such that they are eligible for health benefits at age 55 as if they had 25 years of service with the City; and

b. Upon the death of these employees that retire with 25 years or more of service credit with the City, the surviving spouse and dependent children under the age of twenty-six (26) shall be entitled to continued coverage under the New Jersey State Health Benefits Plan with the City continuing to pay its same share of premiums and the surviving spouse and dependent children under the age of twenty-six (26) contributing to insurance premiums as required by law. The coverage shall cease if: (1) the spouse dies; (2) the spouse remarries; or (3) the spouse reaches the age of 65.

2. New hires after December 31, 2020 who retire with 30 years or more of service credit with the City and who have reached Medicare eligibility age; and

4. To all employees who retire on or after age 62 with fifteen (15) or more years of service with the City and were hired prior to July 1, 2005; and

5. To all current employees as of December 31, 2020 on or after age 65 with fifteen (15) or more years of service with the City and were hired after July 1, 2005.

The City reserves the right to self-insure or change insurance companies in providing health benefits agreed to hereunder as long as the benefits set forth in this Agreement, and presently in effect, are in the aggregate substantially equivalent. The Union will be notified by the City in advance regarding such changes.

D. Hospital and Medical – Spouses and Eligible Dependents

of Deceased Employees:

E. The City and the Union agree to implement the New Jersey State Disability Plan, if all other eligible City employees agree to be so covered.

F. The parties agree that if the State’s new healthcare plans for State employees represented by AFSCME and the Communication Workers of America become available to municipalities participating in the New Jersey State Health Benefits Plan, that they will meet to discuss and negotiate possible use of these plan options.

2. Effective retroactive to July 1, 2020, there shall be an across-the-board wage increase of 2.0% for each employee, with the following exception: (a) Employees with a base salary of $31,000 or less will receive a $1,000 increase instead of the 2.0%. The minimum salary shall be increased to $32,000.

3. Effective retroactive to January 1, 2021, there shall be an across-the-board wage increase of 2.0% for each employee, with the following exception: (a) Employees with a base salary of $32,000 or less will receive a $1,000 increase instead of the 2.0%. The minimum salary shall be increased to $33,000.

4. Effective retroactive to January 1, 2022, there shall be an across- the-board wage increase of 2.0% for each employee, with the following exception: (a) Employees with a base salary of $33,000 or less will receive a $1,000 increase instead of the 2.0%. The minimum salary shall be increased to $34,000.

5. Part-time employees shall receive the wage increases set forth in subparagraphs A.1 – A.4 above on a prorated basis by diving their regular scheduled work hours per week by 35 hours (white collar employees) or 40 hours (police and fire civilians and municipal court employees).

6. The retroactive increases set forth in subparagraphs A.1 – A.4 above will also apply to any overtime, longevity and shift differential for those years.

7. Each bargaining unit member will be given a copy of the 3.75 Form showing a breakdown of the retroactive money due to them.

8. In order to be eligible for the retroactive pay increases, a bargaining unit member must be: in employment status with the City; or, between July 1, 2019 and the signing of the parties’ Memorandum of Agreement, have retired, deceased, been laid off, or resigned in good standing (not in connection with any disciplinary charges).

9. A bargaining unit member eligible pursuant to paragraph 8 above who leaves City employment before all retroactive increase payments referenced hereinabove are made to him/her shall be paid any outstanding retroactive monies due to him/her.

10. The City shall notify the Public Employee Retirement System (PERS) of the salary increases for bargaining unit members who retired prior to ratification so that their final base salary can be adjusted for pension purposes. The City shall make its pension contributions and shall deduct submit the bargaining unit member’s pension contribution from his/her retroactive amount due. The City shall also make its pension contributions and shall deduct and submit the bargaining unit member’s pension contribution from his/her retroactive amount for bargaining unit members who retire prior to the first pay period of July 2017, prior to the bargaining unit member’s retirement date.

B. 1. Effective January 14, 1994, the parties agreed to allow the City to initiate a one time only two-week hold back of pay.

2. The City shall pay this two-week hold back to the employee at his/her prevailing rate of pay upon separation from his/her employment with the City.

C. Police and Fire civilians only will receive a three percent (3.0%) differential pay paid to any employee who works between 7:00 p.m. through 11:00 p.m. This differential is only for time worked.

D. Stand-By Time:

An employee who is required to be available for call and is thereby placed on stand-by upon the City’s request, shall receive four (4) hours at straight time rate and shall, if called in, be paid for a minimum of four (4) hours plus time worked.

E. Out of Title Pay:

Effective upon the signing of this Agreement, employees designated by their supervisor and verified by their Department Head to perform duties in a higher title will be compensated as follows: For the first five (5) working days in the higher title, there will be no additional compensation. From the 6^th working day to the 20^th working day, the employee will be compensated $1,500 (pro-rated), or 20% of the difference in wage rates between the two positions (pro-rated), whichever is greater, in addition to his/her regular pay. Beginning with the 21^st consecutive working day in the higher title, the employee will be compensated at the rate of pay of the higher title.

F. Promotion Rate-of-Pay:

Upon promotion of an employee, a minimum increase of $2,500.00 will be given.

G. New Hire Rate:

The starting salary for this bargaining unit shall be as referenced in Section A.

H. While the City shall maintain the right to continue performance evaluations, said evaluations shall not be used to determine wage increases for the life of this Agreement.

J. The parties agree that during the tem of this Agreement the shall meet to discuss options for alternative salary structures (i.e. salary ranges, etc.). These meetings shall not constitute negotiations nor shall they bind either party to implementing any type of salary structure.

K. The parties agree to meet at least three (3) times before June 30, 2023 to discuss the possible development of salary and title structure.

B. The parties further agree to negotiate a substitute for the invalidated portion to the extent the matter is subject to negotiations.

C. If in any case this Agreement is in conflict with New Jersey Civil Service Commission regulations, the New Jersey Civil Service Commission regulations will prevail.

IN WITNESS THEREOF, the parties have hereunto set their hands and seals at the City of Paterson, County of Passaic and State of New Jersey on this ____ day of ___________, 2022.

CITY OF PATERSON __________________________ MAYOR	A.F.S.C.M.E. Local 3474A __________________________
__________________________ BUSINES ADMINISTRATOR	__________________________
__________________________ DIRECTOR OF PERSONNEL	__________________________
ATTEST: __________________________ CITY CLERK	__________________________