49
AGREEMENT
BETWEEN
GLOUCESTER COUNTY IMPROVEMENT AUTHORITY – SHADY LANE NURSING HOME
AND
LOCAL 1085, COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO
January 1, 2003
to
December 31, 2005
TABLE OF CONTENTS
Article 1 RECOGNITION 4
Article 2 LABOR-MANAGEMENT RELATIONS 5
Article 3 UNION RIGHTS 6
Article 4 UNION SECURITY 7
Article 5 MANAGEMENT RIGHTS 8
Article 6 PROBATIONARY PERIOD 9
Article 7 HOURS OF WORK 10
Article 8 SALARIES AND WAGES 12
Article 9 OUT-OF-TITLE COMPENSATION 14
Article 10 OVERTIME COMPENSATION 15
Article 11 CALL-IN PAY 16
Article 12 SHIFT DIFFERENTIAL 17
Article 13 EDUCATIONAL ASSISTANCE 18
Article 14 RETIREMENT BONUS 19
Article 15 INSURANCE BENEFITS 20
Article 16 VACATION 22
Article 17 HOLIDAYS 24
Article 18 SICK LEAVE 26
Article 19 MISCELLANEOUS PAID LEAVE 27
Article 20 UNPAID LEAVES OF ABSENCE 29
Article 21 MILITARY LEAVE 30
Article 22 TRAVEL EXPENSES 31
Article 23 INDEMNIFICATION 32
Article 24 CREDIT UNION AND DEFERRED COMPENSATION 33
Article 25 PERSONNEL RECORDS 34
Article 26 SENIORITY AND BREAKS IN SERVICE 35
Article 27 JOB OPENINGS 36
Article 28 LAYOFFS 37
Article 29 HEALTH AND SAFETY 38
Article 30 PERFORMANCE EVALUATIONS 39
Article 31 GRIEVANCE PROCEDURE 40
Article 32 DISCIPLINE AND DISCHARGE 42
Article 33 GENERAL PROVISIONS 43
Signatures
Appendix A Titles and Ranges
PREAMBLE
THIS AGREEMENT is entered into by and between the GLOUCESTER COUNTY IMPROVEMENT AUTHORITY ("the Employer") and the COMMUNICATIONS WORKERS OF AMERICA ("the Union"), for the purpose of establishing wages, hours, benefits, and other terms and conditions of employment, together with procedures for the fair and amicable resolution of disputes and grievances pertaining thereto.
NOW, THEREFORE, in consideration of the mutual covenants and understandings expressed herein, the parties agree as follows.
ARTICLE 1
RECOGNITION
1.1. Exclusive Representation. The Employer hereby recognizes the Union as the exclusive representative for the purpose of collective bargaining with respect to rates of pay, wages, hours, and other terms and conditions of employment for all full-time employees of the Shady Lane Home, as well as part-time employees of the Shady Lane Home who work more than eight hours per week on average. The unit shall not include managerial executives, supervisors, confidential, police, and fire employees, part-time employees who work eight hours or less per week as defined above, employees who are represented in other units, or temporary employees who are hired for a short-term need not exceeding three months’ duration. The following positions shall also be excluded from the unit: Bookkeepers who are in charge of accounts payable and accounts receivable; Quality Assurance/Quality Control Coordinator; Secretary to the Director of Nursing; Social Worker/HIPAA Privacy Officer.
1.2. Preservation of Unit Work. Work ordinarily performed by bargaining unit employees shall not be assigned to employees outside the bargaining unit, other than in situations of emergency or where no bargaining unit employee can be obtained to perform the work. This provision shall not prohibit the occasional performance of bargaining unit work by managerial or supervisory employees, nor shall it prohibit part-time employees who are excluded from the unit from performing work that is also done by bargaining unit employees.
ARTICLE 2
LABOR-MANAGEMENT RELATIONS
2.1. Respect and Dignity. The Employer and the Union shall each endeavor to insure that all dealings between them are characterized by mutual responsibility and that all employees and represen-tatives of the parties are treated in accordance with accepted standards of courtesy and respect for individual dignity.
2.2. Non-Discrimination. No employee will be discriminated against on the basis of race, religion, color, national origin, sex, marital status, age, handicap, sexual or affectional orientation, political affiliation, participation in Union activities, or any other status protected by law.
2.3. No Strike. During the term of this Agreement, neither the Union nor any person acting in its behalf will initiate, authorize, engage in, or assist any strike, work stoppage, slowdown, walkout or other job action against the Employer. It is understood that employees who participate in such activities during the term of this Agreement may be subject to disciplinary action up to and including termination.
2.4. No Lockout. The Employer will not initiate or engage in any lockout of employees during the term of this Agreement.
ARTICLE 3
UNION RIGHTS
3.1. Access to Workplace. Union representatives shall have access to employee work areas to investigate grievances and for other purposes related to Union representation. Non-employee Union representatives shall notify the Employer prior to entering the premises, permission for which shall not unreasonably be denied.
3.2. Union Bulletin Boards. The Employer will provide a bulletin board in each building where employees report or clock in for work, in a centrally-located work area, to be used exclusively by the Union for notices and other information to employees.
3.3. Personnel Data. During the first week of each month, the Employer will furnish to the Local President a list of all new hires, terminations, and title changes within the bargaining unit(s) during the previous calendar month. Home addresses will be furnished on a monthly basis for new hires and will also be furnished periodically, upon request, for other employees represented by the Union.
3.4. Leave for Union Business. Upon official request by the Union, employees shall be permitted to take time off without pay to attend conferences, meetings, workshops, or other activities related to union representation, subject to reasonable operational requirements of the Employer. In addition, any employee who is elected or appointed to an office in the Union may be granted an unpaid leave of absence of up to one year to serve in such office. No benefits shall accrue while an employee is on leave to hold Union office, except that the employee shall continue to accrue seniority. Requests for Union leave shall not be unreasonably denied.
3.5. Release Time for Labor-Management Meetings and Negotiations. No employee who serves as a Union representative shall suffer loss of pay for attending any meeting agreed upon by the Employer, or for reasonable travel time to and from such meetings. This shall include attendance at contract negotiations by members of the Union's negotiating committee.
ARTICLE 4
UNION SECURITY
4.1. Dues Checkoff. The Employer shall deduct regular Union dues from an employee's pay when so authorized in writing by the employee. The amount of such deductions will be certified to the Employer by the Union. The Employer shall remit the dues to the Union on a monthly basis, no later than 14 days following the month in which the deductions were made, accompanied by a list of employees from whose pay such deductions were made. The list shall include each employee's Social Security number, base weekly pay, and the amount of dues deducted for the month. A copy of such list shall also be forwarded to the Local President. Dues deductions for bargaining unit employees shall not be made for any other employee organization.
4.2. Withdrawal of Dues Checkoff. In the event an employee withdraws his or her authorization for dues deduction by written notice to the Employer, deductions shall be halted as of July 1 next following the date on which notice of withdrawal was filed, pursuant to N.J.S.A. 52:14-15.9e.
4.3. Representation Fees. For all employees in the bargaining unit who do not pay dues in accordance with Section 4.1 above, the Employer shall instead deduct a representation fee equal to a percentage of the regular dues as certified by the Union, which shall be remitted to the Union in the same manner as dues. In the case of newly hired employees, deduction of representation fees will begin with the next paycheck following 30 days of employment, unless the employee has submitted a dues checkoff card.
4.4. Compliance with Law. The Union shall maintain a demand-and-return system and shall comply with all other requirements of N.J.S.A. 34:13A-5.5 et seq. with respect to the use of representation fees and the accounting thereof.
4.5. Hold Harmless. The Union will indemnify and hold the Employer harmless with respect to any claims or legal actions arising out of compliance with this Article.
ARTICLE 5
MANAGEMENT RIGHTS
5.1. Retention of Rights. The Employer retains and reserves all powers, rights, authority, duties, and respon-si-bilities conferred upon and vested in it by law, subject to the terms of this Agreement, including, but not limited to the following rights:
(a) The executive management and administrative control of the Shady Lane Nursing Home and its properties and facilities and activities of its employees by utilizing personnel, methods, and means of the most appropriate and efficient manner possible, as may from time to time be determined by the Employer.
(b) To insure compliance with all state and federal laws and regulations governing the operation of the Employer’s facility.
(c) To make, maintain, and amend such reasonable rules and regulations as it may from time to time deem best for the purposes of maintaining order, the safety of patients, employees, and guests, after advance notice thereof to employees, and to require compliance by the employees.
(d) To hire all employees, to determine their qualifications and conditions of continued employment, to set their assignment, and to promote and transfer employees.
(e) To decide the number and types of employees needed for any particular time and/or task and to be in sole charge of the quantity and quality of the work required.
(f) To suspend, demote, discharge or take any other appropriate disciplinary action against any employee for just cause according to the law.
(g) 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.
(h) To subcontract any of the work performed by employees covered by this Agreement for reasons of economy or other legitimate business reasons, upon 60 days notice to and consultation with the Union.
ARTICLE 6
PROBATIONARY PERIOD
6.1. Probation of New Employees. Every new employee shall be subject to a 90-day probationary period during which time the employee shall be subject to evaluation by management to determine his or her suitability for continued employment. During or at the end of this period, management shall have the sole and exclusive right to determine whether the employee shall be granted permanent status. Dismissal during or at the end of the probationary period shall not be subject to arbitration nor subject to the discipline and discharge provisions of this Agreement.
ARTICLE 7
HOURS OF WORK
7.1. Work Schedules. Full-time workweeks shall consist of 40 hours. Shifts will consist of 8 hours each, except for nursing staff who work 12-hour shifts. During each shift, employees will be entitled to two 15-minute paid rest breaks and a half-hour unpaid meal break. Work schedules for full-time employees shall be as follows:
| Department | Shift Times | Weekend Work |
| Nursing (8-hour shifts, 40 hours per week) | 6:45 AM – 3:15 PM
2:45 PM – 11:15 PM
10:45 PM – 7:15 AM | Alternating weekends |
| Nursing (12-hour shifts, 36 hours per week) | 6:45 AM – 7:15 PM
6:45 PM – 7:15 AM | Alternating weekends |
| Nursing (10-hour shifts, 40 hours per week) | 8:45 PM – 7:15 AM | Alternating weekends |
| Dietary | 4:30 AM – 1:00 PM
5:30 AM – 2:00 PM
7:00 AM – 3:30 PM
11:00 AM – 7:30 PM | Alternating weekends |
| Environmental Services | 6:45 AM – 3:15 PM
8:00 AM – 4:30 PM
9:45 PM – 6:15 AM
10:00 AM – 6:30 PM | Alternating weekends |
| Activities | 8:15 AM – 4:45 PM
10:30 AM – 7:00 PM | Alternating weekends |
| Administration | 7:45 AM – 4:15 PM
8:00 AM – 4:30 PM | None |
| Maintenance | 8:00 AM – 4:30 PM | None |
Weekend work schedules may deviate from the above with the consent of both the employee and the Employer.
7.2. Part-Time Employees. Part-time employees shall work a portion of the regular full-time workweek (e.g. 36 or 32 hours). In the case of regularly-scheduled part-time employees, the workdays and hours (exclusive of overtime) shall be fixed. Part-time employees who are employed on a per diem basis shall have variable workweeks according to the Employer's need.
7.3. Designation of Workweek. The workweek shall commence at 11:00 PM on Saturday.
7.4. Shift Assignments and Days Off. Preference shall be given according to seniority whenever feasible in the assignment or reassignment of employees to an available shift or to regular days off, subject to the Employer’s right to determine staffing levels and deploy personnel according to qualifications, including but not limited to compatibility with co-workers. However, such preference shall not confer the right to bump other employees. Except in case of emergency, an employee who is involuntarily reassigned to a different shift shall be given two weeks' advance notice.
7.5. Tardiness. Employees are expected to be on time to work their scheduled shifts. However, occasional tardiness of five minutes or less in reporting to work will be disregarded. Tardiness in excess of five minutes may result in docking of the employee's pay and may be grounds for disciplinary action.
ARTICLE 8
SALARIES AND WAGES
8.1. Job Titles and Pay Ranges. Every bargaining-unit job shall be classified according to the proper job title, and each title in turn shall have a salary range as indicated in Appendix A. Whenever new jobs are created or existing jobs are materially changed, the parties shall immediately negotiate concerning the appropriate pay range prior to implementation. A material change in job duties shall mean a substantial and permanent addition of new job duties and/or responsibilities and not simply the introduction of a different method or procedure for completing existing job duties.
8.2. Base Pay Rates. Every full-time employee shall have an annual base salary, which shall be converted to a base hourly rate for payroll purposes by using the appropriate hours-per-year divisor (e.g., 2080 for employees with a 40-hour workweek). For part-time employees, base pay shall be quoted as an hourly rate. The starting pay for each newly-hired employee shall be the minimum of the range corresponding to the employee's title.
(a) Starting rates for Licensed Practical Nurses (LPNs) may exceed the minimum of the salary range, but shall not exceed the minimum by more than 3% multiplied by the number of years of experience in nursing as determined by the Employer, and in no event to exceed the minimum by more than 15%.
(b) The salary of any LPN employed by the Employer as of the date of signing this Agreement, shall not be less than the applicable hiring rate specified above.
8.3. Across-the-Board Adjustments. Employees shall receive the following across-the-board adjustments to their base pay:
(a) 3.0% effective January 1, 2003
(b) 3.0% effective January 1, 2004
(c) 3.25% effective January 1, 2005
8.4. Increments. Incremental raises shall be given as follows:
(a) Subject to Section 8.4(c), beginning July 1, 2003, every employee who has been employed by the Gloucester County Improvement Authority for at least one year will receive an incremental adjustment to his or her base pay annually, provided the employee’s base salary does not equal or exceed the maximum salary of the employee’s range.
(b) Incremental adjustments will be equal to 3.0% of the minimum salary of the employee’s range, except that employees who are within one increment of the maximum will receive an adjustment equal to the difference between their base salary and the maximum.
(c) Increments will be granted at the beginning of the calendar quarter following the employee’s anniversary of hire by the Gloucester County Improvement Authority.
8.5. Promotional/Demotional Pay. Any employee who is promoted to a higher title shall receive a new base salary equal to 3% above his or her previous salary, but not less than the minimum nor more than the maximum of the new range (but in no event less than the employee’s previous rate of pay). Any employee demoted to a lower title shall receive a new base salary equal to 2.9% less than the previous salary, but not more than the maximum of the new range nor less than the minimum of the new range.
8.6. Paydays and Pay Periods. Each pay period shall consist of two full workweeks as designated in Section 7.3. Paydays will be on Thursdays following the respective pay period.
ARTICLE 9
OUT-OF-TITLE COMPENSATION
9.1. Any employee in the bargaining unit who is temporarily assigned to work in a higher job classification for at least half of the employee’s shift, on three or more consecutive work days or on nine or more work days in the aggregate during a calendar year, shall be paid for such time as if temporarily promoted in accordance with Section 8.5, beginning with the third consecutive day or the ninth aggregate day.
9.2 To be counted as an out-of-title work day, an approved tracking form shall be completed by the employee and submitted to the appropriate supervisor for his or her signature no later than the end of the following work day.
ARTICLE 10
OVERTIME COMPENSATION
10.1. Overtime Defined. Overtime shall be understood as time worked in excess of 40 hours during the work week. For purposes of this Article, all paid time, except for sick time, shall be treated as time worked in calculating overtime. However, as an exception to this rule, unpaid leave of up to 8 hours during a work week for Union business will be treated as time worked for purposes of meeting the overtime threshold.
10.2. Overtime Compensation. Employees shall be compensated at one and one-half times their regular hourly rate for all time worked in excess of 40 hours during the designated workweek (see Section 7.3). If the hours worked do not exceed 40, pay shall be calculated at straight-time. In lieu of payment for overtime, employees may elect compensatory time off at the appropriate rate. Employees who are exempt from the overtime requirements of the federal Fair Labor Standards Act and the New Jersey Wage and Hour Law shall not be paid overtime compensation.
10.3. Distribution of Overtime. The Employer may require employees to work overtime, subject to any applicable state or federal laws. Overtime work shall be offered as equitably as possible to employees in the appropriate job functions, utilizing a rotating overtime list whenever practicable. No employee shall be required to work overtime if other qualified employees in the appropriate job functions are available and willing to work. It is understood that the qualifications for performing the work are to be determined solely by the Employer, and where necessary all employees may be required to work a reason-able amount of overtime. Overtime records shall be made available to the Union upon reasonable request.
ARTICLE 11
CALL-IN PAY
11.1. Call-In Pay. Any employee who is called in to work prior to his or her next scheduled work period shall be paid for not less than two hours of work, unless the call-in immediately precedes the employee's normal workday. Employees who are required to respond to occasional telephone inquiries outside their normal work hours shall be compensated for any time actually spent on the telephone in excess of five minutes per day, which shall be deemed de minimis.
ARTICLE 12
SHIFT DIFFERENTIAL
12.1. Hourly Shift Differential. An hourly shift differential of 50¢ shall be paid for any work performed on a shift which commences after 12:00 noon.
ARTICLE 13
EDUCATIONAL ASSISTANCE
13.1. Reimbursement for Tuition and Registration Fees. The Employer will reimburse employees for tuition and regular registration fees upon satisfactory completion of approved courses or seminars leading to advancement or improvement of skills in the employee's field or to maintain licensure or certification required by the Employer. The maximum reimbursement for each employee shall be $500 per year.
13.2. Approval. Requests for educational assistance shall be submitted to the Employer for approval prior to the course or seminar. Approval shall be conditioned on the employee receiving at least a C or equivalent grade if applicable.
13.3. Reimbursement for Certification or License. Whenever an employee obtains any certification or license at the request of the Employer, over and above the minimum legal requirements of the job, the Employer shall pay the applicable fee for such certification or license, including renewal fees.
ARTICLE 14
RETIREMENT BONUS
14.1. Eligibility for Retirement Bonus. Upon retiring on pension, an employee shall be eligible for a bonus payment based on the number of unused sick days remaining to the employee's credit.
14.2. Calculation of Bonus Payment. The retirement bonus will be calculated by multiplying one-half the number of unused sick days by the employee's daily rate of pay at the time of retirement. In no case shall such payment exceed $7,000.
ARTICLE 15
INSURANCE BENEFITS
15.1. Health Insurance. The Employer shall provide health insurance for each eligible employee and his or her dependents. Employees who regularly work at least 30 hours per week will be deemed “full-time” for purposes of insurance coverage and will be eligible for such coverage after completing 60 days of employment at the Shady Lane Home. Health insurance benefits shall consist of the following:
(a) Medical. The current fee-for-service plan, consisting of full payment for covered expenses according to usual and customary rates, subject to a deductible of $100 per person or $300 per family in any calendar year.
(b) Vision care. The current plan, consisting of payment for eye exams, glasses, and contact lenses, up to $150 per person annually.
(c) Prescription. The current plan, including an employee co-payment of $5 for each prescription.
(d) Dental. The current plan, including full payment for preventive services, 80% payment for restorative services, and 50% payment for orthodontia or other major services. Deductibles for major or restorative services shall be $50 per person or $100 per family.
15.2. Temporary Disability Benefits. The Employer shall provide disability coverage to all eligible employees pursuant to the State Temporary Disability Benefits Law.
15.3. Continuation of Health Insurance. An employee’s health benefits will terminate immediately upon termination of employment or after 30 days of unpaid leave, except as provided otherwise by the Family and Medical Leave Act or the New Jersey Family Leave Act. Employees who lose their employer-provided coverage due to termination of employment or leave of absence may continue coverage at their own expense in accordance with the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA).
15.4. Post-Retirement Health Benefits. The Employer shall continue medical and prescription coverage for employees who retire on pension with at least 25 years of credited service in the Public Employees’ Retirement System or 25 years of service to the Employer, together with their dependents. In addition, coverage shall be continued for all employees who retire through PERS on a disability pension, together with their dependents.
15.5. Change of Insurance Carriers. The Employer reserves the right to change insurance carriers so long as the benefits to be provided are substantially similar to those of the existing plan(s).
15.6. Waiver of Benefits. Employees who are enrolled in the medical or prescription plans may elect to waive either or both coverages upon furnishing proof of similar coverage through a spouse’s employer or other source. The following terms shall apply:
(a) Employees who waive medical or prescription coverage shall receive a monthly payment in lieu of insurance, depending upon the type of coverage for which they are otherwise eligible, as set forth below:
Employee-only medical: $100 per month
Family medical: $225 per month
Employee-only prescription: $25 per month
Family prescription: $50 per month
(b) Waivers of coverage shall remain in effect unless the employee elects to re-enroll during a subsequent enrollment period or unless the employee loses his or her alternative coverage (as, for example, by termination of a spouse’s employment). An employee who re-enrolls because of a loss of alternative coverage shall resume coverage under the Employer’s plan as soon as the plan shall permit.
15.7. Life and Accident Insurance. The Employer will continue the current term life insurance coverage, together with the current accidental death and dismemberment coverage.
ARTICLE 16
VACATION
16.1. Vacation Entitlement. Full-time employees shall receive paid vacation leave as follows:
(a) Employees with less than 5 years of seniority will be granted ten (10) vacation days each calendar year.
(b) Beginning with the year in which an employee’s 5-year anniversary of employment falls, the employee will be granted 15 vacation days in each calendar year.
(c) Beginning with the year in which an employee’s 12-year anniversary of employment falls, the employee will be granted 20 vacation days in each calendar year.
(d) For purposes of calculating vacation entitlement, references to vacation days in this Section shall mean 8 hours of vacation leave.
(e) Vacation leave will be earned on a monthly pro-rated basis. An employee will accordingly earn 1/12 of his or her annual allotment for each full month of service completed.
(f) Employees may use up to 10 vacation days in advance of their earnings, but in no event shall time be advanced from the next calendar year’s allotment. An employee who terminates his or her employment with a negative vacation balance will be liable to repay the Employer for the days advanced, which amount may be deducted from the employee’s final pay.
(g) Seniority shall be as defined in Section 26.2.
16.2. Part-Time Employees. Vacation allowances for part-time employees will be pro-rated according to hours paid.
16.3. Minimum Vacation Increments. Vacation leave shall be scheduled in full-day or half-day increments.
16.4. Carry-Over of Vacation Days. Employees shall be permitted to carry over five vacation days or fewer from one calendar year to the next, at their option. Additional days may be carried over only if such additional leave was not taken by reason of the pressure of business and with the express permission of the Employer. All vacation leave carried over must be used in the succeeding calendar year. Any carried-over vacation days will be used first when an employee takes vacation.
16.5. Payment for Unused Vacation Days. An employee retiring or otherwise separating shall be paid for any unused earned vacation leave. In the case of the employee's death, payment shall be made to the estate.
16.6. Window Period. The Employer shall provide a window period from January 1 through February 15, during which employees may (but shall not be required to) submit requests for vacation leave during the balance of the year. If, at the end of the window period, there is a conflict regarding the choice of available vacation days, employees who have submitted their requests during the window period shall be given preference according to seniority; provided, however, that in case of a tie in seniority, preference will be given to those requests which are submitted first. In case of a scheduling conflict which arises outside the window period, preference will be given to those requests which are submitted first; provided, however, that if two or more requests are submitted simultaneously, seniority shall prevail. It is understood in all cases that the scheduling of vacations must be approved by management and that approval shall be subject to legitimate operational needs.
ARTICLE 17
HOLIDAYS
17.1. Holidays Enumerated. There shall be 12 paid holidays per year in accordance with the schedule below:
New Year's Day
King's Birthday
Presidents’ Day
Good Friday
Memorial Day
Independence Day
Labor Day
Columbus Day
Veterans’ Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day |  |
Holiday pay shall be equal to an employee’s regular straight-time pay for the day, not to exceed 8 hours.
17.2. Eligibility for Holiday Pay. To be eligible for holiday pay, an employee must be on active pay status and must have received payment for his last scheduled day before and first scheduled day after the holiday. Employees on unpaid leave do not receive paid holidays, except that an employee on an unpaid union leave for a period of one week or less will be eligible to receive pay for any holiday falling within that week.
17.3. Pay for Holiday Work. Full-time employees shall be paid at the rate of time and one-half for work performed on holidays, in addition to the holiday pay.
17.4. Holidays Falling on an Employee's Day Off. If a holiday falls on a full-time employee's day off, he/she shall be entitled to take a substitute day off at a time that is mutually agreeable to the Employer and employee within 30 days of the holiday.
17.5. Preferences for Holidays.
(a) All nursing personnel shall be responsible for working on holidays pursuant to a rotating schedule. Each calendar year, nursing personnel shall alternate between the two schedules (Schedule A and Schedule B) set forth below in order that in each two calendar year period, all nursing personnel shall have an opportunity to be off on each of the twelve holidays recognized under this Agreement. The two schedules are as follows:
Schedule A | On
New Year's Day
Presidents’ Day
Memorial Day
Labor Day
Veterans’ Day
Day after Thanksgiving | Off
King's Birthday
Good Friday
Independence Day
Columbus Day
Thanksgiving Day
Christmas Day |
Schedule B | On | Off |
| King's Birthday
Good Friday
Independence Day
Columbus Day
Thanksgiving Day
Christmas Day | New Year's Day
Presidents’ Day
Memorial Day
Labor Day
Veterans’ Day
Day after Thanksgiving |
(b) Notwithstanding the foregoing rotating schedule, employees subject to this schedule may agree between themselves to switch particular holidays with other employees. Such switches must be memorialized in writing, signed by both employees, on forms approved for this purpose by the Employer and submitted to the Director of Nursing at least one week prior to the holiday. The employee originally scheduled to work the holiday is responsible for insuring that the proper form is a filed with the Employer. An employee making a switch for a particular holiday remains on the same schedule for the remaining holidays during the year, subject to their ability to switch any or all of those holidays with fellow employees.
(c) If a holiday falls on an employee’s regular day off, the employee may choose another day off during the work week in which the holiday falls, which may be before the holiday, subject to minimum staffing requirements.
(d) An employee who fails to work a scheduled holiday due to illness or other absence, other than an unpaid leave of absence in excess of one (1) month or leaves covered by the FMLA, shall be required to work that holiday during the following year, in addition to all the other holidays on their schedule during that year. For example, an employee on Schedule A who calls in sick on New Year’s Day shall be required to work New Year’s Day and the other six (6) holidays in Schedule B during the next calendar year.
17.6. Part-Time Employees. Part-time employees shall be paid holiday pay only for holidays on which the employee is regularly scheduled to work. In addition to holiday pay, part-time employees shall be paid straight-time for any hours actually worked on a holiday.
ARTICLE 18
SICK LEAVE
18.1. Entitlement to Sick Leave. Full-time employees shall earn paid sick leave at the rate of two-thirds (2/3) of a day for each full calendar month of service. For purposes of calculating sick leave, “one day” will mean eight (8) hours. Sick leave for part-time employees shall be pro-rated. Unused sick leave shall accumulate to the employee's credit from year to year.
(a) Employees who were employed at the Shady Lane Home prior to May 21, 2002 and were laid off by the County of Gloucester will be given credit for any earned sick leave in excess of 15 days which they had remaining at the time of layoff.
18.2. Use of Sick Leave. Sick leave may be used in whole days or by the hour in case of personal illness, accident, exposure to contagious disease, or on a short-term basis to care for a member of the employee's immediate family who is seriously ill. "Immediate family" shall consist of father, mother, step-father, step-mother, father-in-law, mother-in-law, grandmother, grandfather, grandchild, spouse, child, foster child, sister, brother, step-sister, step-brother, sister-in-law, brother-in-law, son-in-law, daughter-in-law, and any relative or domestic partner of the employee residing in the employee's household.
18.3. Reporting of Absence on Sick Leave. Employees who are unable to report to work because of illness will be required to call in three hours in advance of their shift. Failure to give the required notice shall be excused only for good cause. Failure to give the required notice without good cause may result in denial of sick leave for absence and constitute cause for disciplinary action.
18.4. Verification of Sick Leave. Should medical evidence be required to verify illness for purposes of granting sick leave, the employee will be given timely notice on a case-by-case basis. Acceptable medical evidence shall consist of a note from a physician stating that the employee was unable to work due to a health condition or because of the need to care for a member of the immediate family who was seriously ill. The note shall briefly identify the condition and the relevant medical facts and shall indicate the actual or projected date that the employee is able to return to work. Although failure to produce medical verification shall not be considered a disciplinary offense per se, it is understood that such failure may result in denial of sick leave and having the absence count as unexcused. Abuse of sick leave shall be cause for disciplinary action.
18.5. Fitness-for-Duty Examinations. The Employer may require an employee who has been absent because of personal illness, before returning to duty, to bring in a note from his or her physician stating that the employee is capable of returning to work, and/or, at the discretion of the Employer, to be examined at its expense by a physician chosen by the employee from a panel of physicians designated by the Employer. Such examination shall establish whether the employee is capable of performing his or her normal duties and that his or her return will not jeopardize the health of the employee or other employees.
18.6 Payment for Unused Sick Leave Upon Termination. No employee shall be paid for unused sick leave except in accordance with Article 14.
ARTICLE 19
MISCELLANEOUS PAID LEAVE
19.1. Personal Leave. Full-time employees shall be allowed two days (16 hours) off with pay annually for personal business, except that employees hired on or after July 1 shall be entitled to only one personal day in the first year of service. Except in cases of emergency, requests for administrative leave shall be submitted at least two working days in advance to the appropriate supervisor. Personal leave must be taken in increments of four hours or more. Personal leave shall not accumulate from year to year, nor shall it be paid out upon termination of employment.
19.2. Jury Duty. Employees shall be granted time off as necessary without loss of pay for performing jury service during working hours. Shift workers shall be excused without loss of pay from the shift immediately preceding or immediately following their jury service, as the case may be. Per diem payments for serving as jurors shall be turned over to the Employer. Employees will be responsible for notifying management as soon as possible if they are scheduled for jury duty. If an employee’s jury service is cancelled or ends early, the employee will be responsible for returning to work provided he or she is able to work at least half of the scheduled shift.
19.3. Work-Related Disability Leave
(a) In case of disability due to illness or injury as a result of, or arising from, an employee's job, the Employer shall provide paid disability leave consisting of one week at 100% of base pay. Employees shall not be required to use their regular sick leave in such cases. In the event an employee receives periodic Workers' Compensation benefits covering this one-week period, disability leave payments will be reduced or reimbursed to the Employer to prevent duplication.
(b) While on paid work-related disability leave, the employee will accrue vacation, personal, and sick leave and will remain covered by the health insurance provisions of this Agreement, except that vacation, personal and sick leave will cease to accrue after one month of paid work-related disability leave.
(c) Employees will be permitted time off without pay or, if available, paid leave for doctor’s visits or therapy during the workday in connection with any compensable illness or injury.
19.4. Bereavement Leave
(a) Employees may take up to three bereavement days without loss of pay for any death in the employee's immediate family.
(b) For purposes of this section, "immediate family" shall include the following: relatives of the employee or the employee's spouse: father, mother, step-father, step-mother, grandmother, grandfather, grandchild, spouse, child, foster child, sister, brother, step-sister, step-brother, sister-in-law, brother-in-law, son-in-law, daughter-in-law, niece, nephew, aunt, and uncle. In addition, "immediate family" shall include any relative or domestic partner of the employee residing in the employee's household.
(c) The Employer may, at its discretion, require confirmation of the death and the familial relationship.
ARTICLE 20
UNPAID LEAVES OF ABSENCE
20.1. Duration. Upon request, an employee may be granted a leave of absence without pay for up to six months where necessary for medical reasons or for maternity or paternity. Such leaves will not be unreasonably denied. A leave of absence may be extended for an additional six months where the Employer determines in its discretion that circumstances warrant. The Employer may also grant leaves of absence for other purposes at its discretion.
20.2. Entitlement to FLA and FMLA Leave. All applicable requirements of the state Family Leave Act and the federal Family and Medical Leave Act shall be followed with respect to employees who request leave for the following purposes:
(a) childbirth;
(b) care of a newborn child, a newly adopted child, or a newly placed foster child;
(c) care of a parent, child or spouse with a serious health condition; or
(d) a serious health condition on the part of the employee.
In accordance with the FMLA, employees with at least one year of service who have worked for the Employer at least 1,250 hours in the preceding 12 months (1,000 hours under the FLA) are entitled to 12 weeks of qualifying leave during a 12-month period (24-month period under the FLA). An employee's 12-month leave period shall be measured beginning with his or her first day of FMLA leave. Paid leave time will count as time worked for purposes of meeting the hours-of-work threshold. Employees shall be required to use paid sick leave concurrently with FMLA leave for any qualifying reason for sick leave under the Employer’s policy. However, paid vacation, personal or compensatory time off shall not be counted against an employee's 12-week FMLA or FLA entitlement, regardless of whether such leave is used for an otherwise qualifying reason, unless the employee chooses to do so.
20.4. Continuation of Health Benefits. Any employee taking an unpaid leave of absence shall be permitted to continue his/her health benefit coverage after employer-paid coverage ends by paying the monthly premiums. In addition, an eligible employee who takes leave qualifying under the state Family Leave Act or the federal Family and Medical Act shall have coverage continued by the Employer during such leave, subject to the same payment conditions as when the employee is working.
20.5 Accrual of Paid Leave Benefits. An employee will not accrue sick, vacation or personal leave days while on an unpaid leave of absence which exceeds two weeks in duration.
ARTICLE 21
MILITARY LEAVE
21.1. Legal Entitlements. Employees in the military service, including the New Jersey National Guard or United States Armed Forces Reserves, shall be entitled to such leave provisions as may be required by law.
ARTICLE 22
TRAVEL EXPENSES
22.1. Business Use of Employee Cars. The Employer agrees to reimburse employees who are required to use their personal vehicles for work in accordance with the standard mileage rate for business purposes as periodically determined by the Internal Revenue Service. Expenses incurred for tolls and parking fees shall likewise be reimbursed. Normal commuting is not covered by this provision. Business use of employee cars must be pre-approved by the Employer.
22.2. Meal Allowances. In the event any employee is required to travel outside Gloucester County in the course of employment, he or she will be reimbursed for necessary meal expenses at a maximum rate of $5 for breakfast, $10 for lunch, and $20 for dinner.
ARTICLE 23
INDEMNIFICATION
23.1. Tort Claims. The Employer will indemnify an employee for damages resulting from any tort claim or any civil violation of state or federal law arising out of the employee's job, if, in the opinion of the Employer, the acts committed by the employee upon which the damages are based did not constitute fraud, malice, willful misconduct, or intentional wrongdoing.
ARTICLE 24
CREDIT UNION AND DEFERRED COMPENSATION
24.1. Credit Union. The Employer will make payroll deductions for any employee, upon written request, to be paid to an appropriate credit union as authorized by N.J.S.A. 40A:9-17.
24.2. Deferred Compensation. The Employer will sponsor a deferred compensation plan for use by employees.
ARTICLE 25
PERSONNEL RECORDS
25.1. Inspection of Files. Upon reasonable prior request, the personnel records of any employee shall be open to the inspection of the employee. Copies of the contents shall be provided upon request. Any employee who is appointed to a new title or receives a promotion will be given written notice of such new title or promotion, with the effective date thereof.
25.2. Disciplinary Records. An employee will be given a copy of any disciplinary document which is placed in the employee's official personnel file.
ARTICLE 26
SENIORITY AND BREAKS IN SERVICE
26.1. Resignations. Employees who resign will give two weeks' notice, except that the Employer may consent to shorter notice if circumstances reasonably prevent the employee from giving the required notice. An employee who gives proper notice will be permitted to rescind his or her resignation for good cause within forty-eight (48) hours after submission. An employee who fails to give proper notice will not be allowed to rescind his or her resignation without the permission of the Employer.
26.2. Seniority Defined. Seniority will be defined as length of employment at the Shady Lane Home (including time worked at the Shady Lane Home under a previous employer), beginning with the employee's date of hire, without interruption due to resignation, retirement, or removal. Employees who terminate in good standing and are subsequently rehired within sixty (60) days will be considered to have no interruption in continuous service.
ARTICLE 27
JOB OPENINGS
27.1. Posting. All job openings shall be posted on an appropriate bulletin board for a period of at least five working days prior to filling such opening. Employees may apply for posted positions within this period. Nothing herein shall restrict the Employer's right to assign work on an interim basis.
27.2. Preference. The Employer reserves sole determination to make promotional appointments or to hire from outside the facility. In all instances, the employees promoted must possess the skill, knowledge, and potential ability to learn the job within a reasonable period of time, as determined by the Employer. When qualifications are substantially equal, as determined by the Employer, the Employer will give preference according to seniority.
ARTICLE 28
LAYOFFS
28.1. Notice of Anticipated Layoff. The Employer agrees that the Union shall be given advance written notification if lay-offs are anticipated, stating the reasons for such action.
28.2. Procedures for Layoffs. Whenever the workforce is to be reduced, the Employer will identify the duties to be eliminated or combined and, where practicable, shall give 45 days written notice to all employees in the bargaining unit. Employees in the affected job functions shall be laid off in reverse order of seniority, except that any such employee who is qualified to perform the duties of a different position with minimal training (i.e., as would normally be given a new employee in the position), as determined by the Employer, shall have bumping rights over less senior employees in such positions.
28.3. Procedures for Recall. Whenever a position is established or re-established, qualified employees who have been laid off within the previous nine months shall be notified in writing and shall be given preference for re-hire according to seniority.
ARTICLE 29
HEALTH AND SAFETY
29.1. Safe and Healthy Workplace. The Employer shall provide a safe and healthy workplace as required by law.
29.3. Protective Equipment. Protective equipment required by the Employer shall be supplied without charge to the employee. The employee’s regular work shoes and uniforms shall be the employee’s responsibility.
29.4. Furnishing of Information. The Employer will furnish to the Union health and accident information which may be required by the Union in order to perform its representational duties, subject to the confidentiality requirements of state and federal law.
ARTICLE 30
PERFORMANCE EVALUATIONS
30.1. Periodic Performance Evaluations. Each employee's performance shall be evaluated annually as required by federal or state regulations or as management may deem necessary.
30.2. Criteria. Employees shall be informed of the performance criteria prior to the evaluation period.
30.3. Copy of Evaluation. A copy of the evaluation will be furnished to the employee. The completed evaluation shall be signed by both the employee and the evaluator. The employee's signature shall acknowledge receipt of the evaluation, but shall not be construed as indicating agreement or disagreement with the contents. An employee’s refusal to sign the acknowledgment of receipt shall be grounds for discipline.
30.4. Conference. If requested, the supervisor or manager shall provide a conference to the employee in order to discuss the evaluation and improvement goals where applicable.
30.5. Appeals. If the employee disagrees with the evaluation, he/she may request a reconsideration and/or note exceptions to the official record. The evaluation may be appealed through the grievance procedure, except that final and binding determination shall reside with management and arbitration shall not be available.
ARTICLE 31
GRIEVANCE PROCEDURE
31.1. Purpose. The purpose of this procedure is to secure, at the lowest possible level, equitable solutions to the problems which may arise affecting the terms and conditions of employment, consistent with applicable laws, regulations, contractual obligations, operational requirements, and standards of fairness. Nothing herein shall be construed as limiting the right of any employee having a grievance to discuss the matter informally with any appropriate supervisor.
31.2. Definition. The term "grievance" as used herein shall mean an appeal of the interpretation, application, or violation of applicable written policies, written agreements, or administrative decisions affecting the terms and conditions of employment.
31.3. General Provisions
(a) Formal grievances shall be filed through the Union, in writing, utilizing the following procedures. However, nothing herein shall prevent an employee from taking a grievance informally to an appropriate supervisor or manager at any time, with or without the Union's involvement, provided that any adjustment shall not be in violation of this Agreement.
(b) A grievance must be initially filed within 21 calendar days of the occurrence giving rise to the grievance (or within 21 calendar days after the grievant became aware of the occurrence). Thereafter, when advancing from Step 1 to Step 2 or from Step 2 to Step 3, the grievant shall have 10 calendar days from the receipt of management's response. If a response is not received, the grievant may advance the grievance to the next step within a reasonable time.
(c) Failure to file or advance a grievance within the prescribed time limits shall constitute forfeiture. Time limits for filing or responding to grievances at any step may be extended by consent of the parties.
(d) An aggrieved employee may be represented at all stages of the grievance procedure by a Union representative.
(e) Union representatives shall be afforded reasonable opportunity to investigate and process grievances during working hours without loss of regular straight-time pay, provided that permission is obtained in advance from the appropriate department head or his/her designee if time away from the job is required.
(f) There shall be no loss of pay for employees to participate in any grievance hearing or conference, either as grievants or as witnesses.
31.4. Steps.
Step 1. The grievance shall be taken first to the immediate supervisor, unless the matter is not within the supervisor's authority. The supervisor shall attempt to resolve the problem if possible and shall provide a written response within 7 calendar days. This step may be skipped by mutual consent.
Step 2. If the matter is not resolved at Step l, the grievant may submit the grievance to the Administrator, who shall render a decision in writing within 14 calendar days thereafter. If requested, a conference will be provided prior to the Administrator's decision. This step may be skipped by mutual consent.
Step 3. If the matter is not resolved at Step 2, it may be appealed to the Executive Director, who shall consider the matter and render a written decision within 21 calendar days. If a hearing is requested at this step, the Executive Director shall conduct the hearing prior to his decision.
Step 4. If the Union is not satisfied with the response to the grievance at the preceding step, demand for arbitration may be made by the Union to the Public Employment Relations Commission within 30 calendar days thereafter. Unless agreed otherwise by the parties, the arbitrator shall be selected pursuant to the procedures of the Public Employment Relations Commission.
(a) Arbitration shall be limited to grievances based upon the interpretation, application, or violation of an express provision of this Agreement.
(b) The arbitrator shall not add to, subtract from, or modify the terms of this Agreement.
(c) No more than one grievance or issue may be submitted to a single arbitrator unless otherwise agreed to in writing by the parties.
(d) It is understood that arbitration is limited to the four corners of the Agreement and the arbitrator is not to consider any past practice precedent.
(e) The arbitrator shall issue an award in writing to the parties, which shall be final and binding.
(f) The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses, and the cost of the hearing room shall be borne equally by the Employer and the Union. Any other expenses shall be paid by the party incurring them.
ARTICLE 32
DISCIPLINE AND DISCHARGE
32.1. Just Cause. All disciplinary actions shall be for just cause. Penalties for misconduct may consist of written reprimands, suspension, demotion, or discharge. Except in serious cases of misconduct, discipline shall be intended as corrective and shall be progressive in nature.
32.2. Violations. Employees are obligated to comply conscientiously with all rules and regulations of the Employer, provided such rules do not conflict with the express provisions of this Agreement and are not otherwise unlawful or improper. Employees must obey the Employer even if the employee believes that the order violates the terms of this Agreement, unless obeying would be illegal or would cause danger to the employee, a client, or any other person. Employees remain free to grieve any Employer directive pursuant to the provisions of this Agreement. Employees may be disciplined for incompetence, inefficiency, or failure to perform assigned duties; insubordination; inability to perform assigned duties; chronic or excessive absenteeism or lateness; conviction of a crime; conduct unbecoming a public employee; neglect of duty; misuse of public property; discrimination in regard to equal employment opportunity, including sexual harassment; and other sufficient cause.
32.3. Weingarten Rights. An employee who reasonably believes that he or she may be subject to disciplinary action in connection with any questioning by the Employer, shall be entitled, upon request, to have a Union representative present during such questioning. This shall not apply to interviews which are intended only to provide counseling, information, or instruction.
ARTICLE 33
GENERAL PROVISIONS
33.1. Severability. If any provision of this Agreement or any application of this Agreement to any employee or group of employees is held invalid by operation of law or by a court or other tribunal of competent jurisdiction, such provision shall be inoperative, but all other provisions shall not be affected thereby and shall continue in full force and effect.
33.2. Fully-Bargained Clause. This Agreement represents and incorporates the complete and final understanding and settlement by the parties of all negotiable issues which were or could have been the subject of negotiations. During the term of this Agreement, neither party will be required to negotiate with respect to any such matter whether or not covered by this Agreement, and whether or not within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement. This Agreement shall not be modified in whole or in part by the parties except by an instrument in writing duly executed by both parties.
33.3. Term of Agreement. This Agreement shall be effective immediately on the date of signing below and shall continue in full force and effect through December 31, 2005. The parties shall commence negotiations on a successor Agreement pursuant to regulations of the Public Employment Relations Commission.
IN WITNESS WHEREOF, the parties have caused their duly authorized representatives to affix their signatures this _________ day of __________________, 2003.
FOR THE UNION
________________________________
________________________________
________________________________
________________________________
FOR THE EMPLOYER
___________________________________
___________________________________
___________________________________
___________________________________
APPENDIX A
TITLES AND SALARY RANGES
Minimums and maximums for 2003, 2004, and 2005 are shown as full-time annual rates (i.e., based on 52 weeks) and also as corresponding hourly rates.
| 2003 MIN | 2003 MAX | 2004 MIN | 2004 MAX | 2005 MIN | 2005 MAX |
| Activities Aide | $21,952 | $28,537 | $22,610 | $29,393 | $23,345 | $30,349 |
| $10.55 | $13.72 | $10.87 | $14.13 | $11.22 | $14.59 |
| Building Maintenance Worker | $22,610 | $29,393 | $23,289 | $30,275 | $24,046 | $31,259 |
| $10.87 | $14.13 | $11.20 | $14.56 | $11.56 | $15.03 |
| Certified Nurse’s Aide (CNA) | $22,610 | $29,393 | $23,289 | $30,275 | $24,046 | $31,259 |
| $10.87 | $14.13 | $11.20 | $14.56 | $11.56 | $15.03 |
| Cook | $24,707 | $32,119 | $25,448 | $33,083 | $26,275 | $34,158 |
| $11.88 | $15.44 | $12.23 | $15.91 | $12.63 | $16.42 |
| Clerk Typist | $21,952 | $28,537 | $22,610 | $29,393 | $23,345 | $30,349 |
| $10.55 | $13.72 | $10.87 | $14.13 | $11.22 | $14.59 |
| Food Service Worker | $21,312 | $27,706 | $21,952 | $28,537 | $22,665 | $29,465 |
| $10.25 | $13.32 | $10.55 | $13.72 | $10.90 | $14.17 |
| Housekeeper | $21,312 | $27,706 | $21,952 | $28,537 | $22,665 | $29,465 |
| $10.25 | $13.32 | $10.55 | $13.72 | $10.90 | $14.17 |
| Licensed Practical Nurse (LPN) | $36,283 | $49,345 | $37,371 | $50,825 | $38,586 | $52,477 |
| $17.44 | $23.72 | $17.97 | $24.44 | $18.55 | $25.23 |
| Medical Records Clerk | $24,707 | $32,119 | $25,448 | $33,083 | $26,275 | $34,158 |
| $11.88 | $15.44 | $12.23 | $15.91 | $12.63 | $16.42 |
| Nurse’s Aide | $21,952 | $21,952 | $22,610 | $22,610 | $23,345 | $23,345 |
| $10.55 | $10.55 | $10.87 | $10.87 | $11.22 | $11.22 |
| Secretary | $22,610 | $29,393 | $23,289 | $30,275 | $24,046 | $31,259 |
| $10.87 | $14.13 | $11.20 | $14.56 | $11.56 | $15.03 |
Note: Notwithstanding the minimums set forth above, part-time employees who are ineligible for health benefits will not be paid less than $10.87 per hour.
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