I…..……….…RECOGNITION................................................................................................1

II……...……..NEGOTIATING PROCEDURE......................................................................2

III……………NON-DISCRIMINATION...............................................................................2

IV…………....MANAGEMENT RIGHTS..............................................................................2

V………….…DUES DEDUCTION.........................................................................................3

G. Representation Fee (Agency Shop)..........................................................................3
1. Purpose of Fee..............................................................................................3
2. Amount of Fee..............................................................................................4
3. Deduction and Transmission of Fee.............................................................4
4. Demand and Return System.........................................................................5
5. Employer Held Harmless.............................................................................5
6. Legal Requirements.....................................................................................6

VI……….…..RIGHTS OF THE UNION...............................................................................6

C. Release Time for Stewards.......................................................................................6
E. Job Posting...............................................................................................................7

VII…..………LABOR MANAGEMENT COMMITTEE....................................................7

VIII….…..….DISCIPLINE AND DISCHARGE..................................................................7

F. Job Abandonment...................................................................................................8

IX……………GRIEVANCE PROCEDURE........................................................................9

C. Procedure for Handling Grievance........................................................................9
1. (Step One)..................................................................................................9
2. (Step Two).................................................................................................9
3. (Step Three)...............................................................................................10
4. (Step Four).................................................................................................10

X…………….CHILD CARE PROGRAM...........................................................................11

XI……………SENIORITY...................................................................................................11

A. Recognition...........................................................................................................11
1. Probationary Period..................................................................................11
B. Application............................................................................................................12
1. Layoff........................................................................................................12
d. vi. (1) Bumping To Same Salary Range Position……………….14
(2) Bumping To Lower Range Position…...............................14
(3) Bumping To Higher Range Position..................................15
2. Recall........................................................................................................15

XII……….…JOB DESCRIPTIONS....................................................................................16

XIII…………TRAINING....................................................................................................16

XIV……….…JOB POSTING/PROMOTION AND TRANSFER..................................17
A. Hiring Policy..........................................................................................17
B. Temporary Positions/Employees...........................................................18

XV…………..HOLIDAYS..................................................................................................19
C.1. Floating Holidays.................................................................................19

XVI………….ADMINISTRATIVE LEAVE....................................................................20

XVII………...SICK LEAVE...............................................................................................21
A. Accrual...................................................................................................21
B. Utilization...............................................................................................21
2. Bereavement...............................................................................21
C. Authorization and Validation.................................................................22
1. Anticipated Leave......................................................................22
2. Unanticipated Leave..................................................................22
Public Safety Officers........................................................22
D. Validation...............................................................................................22
E. Confidentiality of Records......................................................................23
F. Unused Sick Leave – Retirement............................................................23
.
XVIII………..FAMILY LEAVE........................................................................................24
A. Available Leave.....................................................................................24
B. Twelve Week Period (Parameters)........................................................25
C. Leave Validation....................................................................................26
D. Leave Prerequisites................................................................................28
1. Prerequisite to Family Leave.....................................................28
E. Leave Year.............................................................................................29
F. Leave Entitlements.................................................................................29
1. Compensation............................................................................29
2. Health Benefits..........................................................................29
3. Other Benefits...........................................................................29
4. Worker’s Compensation...........................................................30
5. Reinstatement...........................................................................30
a. Key Employee Exception............................................30
G. Definitions............................................................................................31
1. Child.........................................................................................31
2. Parent.......................................................................................31
3. Spouse......................................................................................31
4. Serious Illness or Health Related Condition............................31
5. Health Care Provider................................................................31
H. Jurisdiction...........................................................................................31

XIX………….BEREAVEMENT LEAVE......................................................................32

A. Eligibility..............................................................................................32
B. Term......................................................................................................32
C. Program Benefits...................................................................................32
D. Program Regulation...............................................................................32

A. Eligibility..........................................................................................33
B. Procedure..........................................................................................33
C. Reinstatement...................................................................................34

A. Jury Duty..........................................................................................34
B. Witness/Party in Employer Sanctioned Proceeding(s).....................35
C. Subpoenaed Service..........................................................................35

A. Workers Compensation...................................................................36
B. Long Term Disability......................................................................36

B. Program.............................................................................55
7. Compensation Guide...............................................56
7. a. Definition of Performance Standards................57

Level (MR-) or . Falls Short of Standards (FS)................58

XLVI…………DRUG SCREENING.......................................................................62

A. Introduction....................................................................................62
B. Purpose...........................................................................................63
C. Definition of Terms........................................................................63
1. Public Safety Officer...........................................................63
2. Supervisors..........................................................................63
3. Urinalysis.............................................................................63
4. Reasonable Individualized Suspicion..................................63
5. Drugs....................................................................................63
D. Drug Testing Parameters............................................................... 64
1. Pre-employment or Probationary Period Screening............ 64
2. Employment Screening........................................................64
E. Testing Procedures.........................................................................65
3. Notification of Drug Screening...........................................65
4. Responsibility......................................................................66
5. Processing of Urine Specimen.............................................66
a. Designated Laboratory and Test...........................66
i. The Enzyme Multiplied Immunoassay Test

(EMIT)…………………………………………66

a. Subject to the conditions set forth in b. below, all eligible non-member employees in this unit will be required to pay to the majority representative a Representation Fee in lieu of Dues for services rendered by the majority representative until June 30, 2007. Nothing herein shall be deemed to require any employee to become a member of the majority representative.

b. It is understood that the implementation of the Agency Fee Program is predicated on the demonstration by the Union that more than 50% of the eligible employees in the negotiating unit are Dues paying members of the Union.

If at the signing of this contract the above percentage has not been achieved, the Agency Fee Plan will not be implemented. Thereafter, if the minimum percentage is exceeded on any quarterly date, i.e., January 1, April 1, July 1 or October 1, the Agency Fee Plan shall be implemented by the next quarterly date with proper notice to the affected employees.

In each year of the contract on July 1, an assessment shall be made to determine if the minimum percentage has been exceeded. If it has, the Agency Fee shall continue until the following annual assessment. If it has not, the Agency Fee will be discontinued and eligibility for reinstatement shall be on a quarterly basis as provided above.

Prior to the beginning of each contract year, the Union will notify the Employer in writing of the amount of regular membership Dues, initiation fees and assessments charged by the Union to its own members for that contract year, and the amount of the Representation Fee for that contract year. Any changes in the Representation Fee structure during the contract year shall be in accordance with G. above.

The Representation Fee in lieu of Dues shall be in an amount equivalent to the regular membership dues, initiation fees and assessments charged by the majority representative to its own members, less the cost of benefits financed through the Dues, fees and assessments and available to or benefiting only its members; but in no event shall such fee exceed 85% of the regular membership Dues, fees and assessments.

3. Deduction and Transmission of Fee

After verification by the Employer that an employee must pay the Representation Fee, the Employer will deduct the Fee for all eligible employees in accordance with this Article.

The mechanics of the deduction of Representation Fees and the transmission of such Fees to the Union will, as nearly as possible, be the same as those used for the deduction and transmission of regular membership Dues to the Union.

The Employer shall deduct the Representation Fee as soon as possible after the tenth (10^th) day following re-entry into this unit for employees who previously served in a position identified as excluded or confidential, for individuals reemployed in this unit from a reemployment list, for employees returning from Leave without pay, and for previous employee members who become eligible for the Representation Fee because of non-member status.

The Employer shall deduct the Representation Fee from a new employee as soon as possible after thirty (30) days from the beginning date of employment in a position in this unit.

4. Demand and Return System

The Representation Fee in lieu of Dues only shall be available to the Union if the procedures hereafter are maintained by the Union.

The burden of proof under this system is on the Union.

The Union shall return any part of the Representation Fee paid by the employee which represents the employee’s additional pro rata share of expenditures by the Union that is either in aid of activities or causes of a partisan political or ideological nature only incidentally related to the terms and conditions of employment, or applied toward the cost of any other benefits available only to members of the majority representative. The employee shall be entitled to a review of the amount of the Representation Fee by requesting the Union to substantiate the amount charged for the Representation Fee. This review shall be accorded in conformance with the internal steps and procedures established by the Union.

The Union shall submit a copy of the Union review system to the Employer. The deduction of the Representation Fee shall be available only if the Union establishes and maintains this review system.

If the employee is dissatisfied with the Union’s decision, he/she may appeal to a three (3) member board established by the Governor.

5. Employer Held Harmless

The Union hereby agrees that it will indemnify and hold harmless the Employer from any claims, actions or proceedings brought by an employee in the negotiations unit which arises from deductions made by the Employer in accordance with this provision. The Employer shall not be held liable to the Union for any retroactive or past due Representation Fee for an employee who was identified by the Employer as excluded or confidential or in good faith was mistakenly inadvertently omitted from deduction of the Representation Fee.



6. Legal Requirements

Provisions in this clause are further conditioned upon all other requirements set by statute.

1. Entrance, without formal express authorization, into any restricted area within the university premises. Restricted areas include private offices or other private work areas, any common area that is off-limits to the general university constituency without authorization, or any locked or otherwise secured area of the university.

2. Unauthorized use of equipment, supplies or any other property belonging to the university or any of its agents or employees, after entering into and located in an unauthorized and restricted area, as set out above. This includes, by way of illustration only, telephones, facsimile machines, copy machines or computing equipment.

3. Use of telephone access code not formally assigned to the employee unless express authorization is provided.

1. This paragraph shall not be deemed to prevent an employee from requesting an unpaid leave of absence as a reasonable accommodation under the Americans with Disabilities Act or the Law Against Discrimination, provided that the employee fully cooperates with the Department of Human Resources in providing such medical information as is necessary to make a determination as to whether the medical condition qualifies as a disabling condition under applicable law, and whether an unpaid leave is a reasonable accommodation to such condition.

2. Any application for an unpaid leave of absence shall be governed by the provisions of Article XX (Other Leaves of Absence).

A grievant shall first discuss his/her Grievance informally with his/her immediate supervisor. The grievant may, at his/her option, be accompanied by a Steward or other Union representative.

2. (Step (Two)

a. Within fifteen (15) calendar days of the occurrence causing the Grievance or of the time the grievant should have reasonably known of the occurrence causing the Grievance, the grievant shall, if he/she is not satisfied through the information discussion provided for in Step 1, submit in writing to the Vice President of Human Resources the facts of the Grievance and the desired adjustment. Time which begins after the written Grievance is submitted may be mutually extended by the parties only in writing. The Union shall be notified by the Vice President of Human Resources, or his/her designee within the Department, in the event the grievant is not represented by the Union and a representative shall have the right to be present at this time and all subsequent Steps in the Grievance Procedure and to present the position of the Union.

b. The Vice President of Human Resources shall designate the Step Two Hearing Officer in his/her sole determination, which may be from the Department of Human Resources.

c. The Step Two Hearing Officer within ten (10) calendar days after designation by the Vice President of Human Resources, but no later than twenty (20) calendar days following receipt of the written Grievance, shall meet with the grievant and his/her Steward in an effort to resolve the Grievance. The Step Two Hearing Officer shall indicate his/her disposition of the Grievance to the grievant and to the Union, in writing, within ten (10) calendar days of said meeting.

3. (Step Three)

If the Grievance is such that no satisfactory solution is reached at this stage, the grievant, or the Union shall within seven (7) calendar days from the date of the disposition by the Step Two Hearing Officer deliver the Grievance to the Vice President of Human Resources, who shall either hear the grievance himself or designate a Step Three Hearing Officer at his sole discretion. The Step Three Hearing Officer shall meet with the grievant and shall dispose of the Grievance within twenty (20) calendar days in writing to the grievant and the Union.

4. (Step Four)

If the grievant remains unsatisfied after Step Three (3) and the alleged Grievance involves a specific violation of the written Agreement and the Union desires to institute arbitration proceedings, it must, within fourteen (14) calendar days of receipt of the Step Three reply, give proper notice to the New Jersey Public Employment Relations Commission with a copy both to the Vice President of Human Resources and the General Counsel. Such arbitration proceedings shall be in accordance with the rules and regulations of the New Jersey Public Employment Relations Commission.

5. The decision of the Arbitrator shall not in any manner cause anything to be added to or subtracted from this Agreement or any policy of the Employer. The award shall be final and binding on the parties.

6. Fees and expenses of the Arbitrator, if such occur, shall be shared equally by the Employer and the Union. Only with prior written agreement of the parties shall any other expense or fee contained in the Grievance Procedure be shared.

7. The Employer will give written notification to the Chief Steward of all Grievance meetings or hearings beginning with Step 2 for all employees in the bargaining unit. The Chief Steward shall also be sent copies of all Grievance answers.

8. An employee shall not lose pay for the time spent during his/her regular working hours at the foregoing Steps of the Grievance Procedure. In the event it is necessary to require the attendance of other employees during regular working hours at the Step 4 meeting, such employees shall not lose pay for such time.

ARTICLE X

CHILD CARE PROGRAM

1. New bargaining unit employees shall serve a probationary period of 120 calendar days during which they may be discharged without recourse of the Grievance Procedure. Effective the 121^st day of employment, such employee shall be added to the seniority roster with his/her seniority date effective the date of hire.

2. Seniority is university service based. Part-time employees in the bargaining unit shall earn seniority service credit at the rate of one-half (½) day of service credit for each day in active employment of less than a full regular shift. Part-time employees who work full daily shifts but not a full five (5) day work week shall earn seniority service credit on the basis of one (1) day credit for each day worked or on paid, excused Leave while in active employment status. Full-time employees in the bargaining unit shall earn seniority service credit at the rate of one (1) day of service credit for each day in active employment or on paid, excused Leave from employment but remaining in active employment status. Employees who become members of the bargaining unit after serving in a temporary service capacity for at least a ten (10) consecutive month period, shall earn seniority service credit commencing with the date of bargaining unit recognition.

3. The continuous service record of an employee shall be broken upon termination of employment by voluntary Resignation, discharge for just cause, Layoff of over 18 calendar months, Retirement or death. In any of such events, seniority status shall be terminated.

4. On July 1 of each year or upon request, the Department of Human Resources shall furnish the Union with a seniority list showing the continued service of each employee. Finally, whenever a Layoff is planned an updated seniority list shall be prepared and sent to the Union. A copy of said seniority list shall be made available for inspection to the local Union at any time and upon advance request by the Union to a bargaining unit member. Questions pertaining to seniority shall be forwarded to the Department of Human Resources for compliance herewith.

a. If a reduction in force is necessary, Layoffs shall take place within a designated department or job classification in the inverse order of the date of hire into the job classification.

b. The Employer shall simultaneously provide the Union and the employee(s) concerned at least two (2) weeks notice of Layoff. The Union may request and have scheduled a meeting with the Vice President of Human Resources or his/her designee to discuss possible alternatives; however, the final discretion rests with the Employer.

c. When an employee is scheduled for Layoff due to reduction or reorganization in the workforce, prior to any bumping permitted pursuant thereto, the employee shall be considered for transfer into a vacancy if one exists and if determined qualified by the Employer, transferred into said vacancy. Transference into the vacant position carries a ninety (90) day performance based probationary period. During said period, if the Employer is not satisfied with the probationary employee’s performance but no earlier than sixty (60) days into the probationary period it will then place such employee on Layoff. An employee thus laid off shall remain entitled to Recall for the remainder of the Recall period but shall not be entitled to bump again unless recalled and he/she successfully completes the associated probationary period after which he/she is again laid off. Existence of the probationary period satisfies the notice of Layoff requirement. Nothing herein waives or modifies the right of the Employer to terminate an employee for just cause at any time. Discharge during the probationary period is not grievable.

d. When an employee is scheduled for a Layoff due to a reduction or reorganization in the workforce, he/she shall be permitted to exercise his/her seniority rights to replace (bump) an employee with less seniority provided the employee with greater seniority is qualified to perform the work and provision c. above has been followed, if applicable.

i. For purposes of this Agreement “qualifications” shall be determined by the Employer. However, the Union may discuss any questions of “qualifications” with the designee of the Vice President of Human Resources and/or the Labor/Management Committee established under Article VII, Labor/Management Committee, of this Agreement.

ii. Bumping is permitted upward, laterally or downward. Qualifications review of a bumping applicant shall begin with the least senior held position in the classification of the bumping applicant and proceed to the next least senior held position in that classification until an actual bumping is accepted by the Employer, or the five (5) least senior positions are exhausted. In the event of failed bumping into the same classification from which laid off, a bumping applicant shall be entitled to qualifications review of the first to fifth least senior held positions in another classification. No employee may be bumped more than once during any fiscal year.

iii. An employee successfully exercising his/her bumping privileges pursuant hereto, shall serve a ninety (90) day performance based probationary period. During said period, if the Employer is not satisfied with the probationary employee’s performance, but not earlier than sixty (60) days into the probationary period, it will then place such employee on Layoff. An employee thus laid off shall remain entitled to Recall for the remainder of the Recall period but shall not be entitled to bump again unless recalled and he/she successfully completes the associated probationary period after which he/she is again laid off. Existence of the probationary period satisfies the notice of Layoff requirement. Nothing herein waives or modifies the right of the Employer to terminate an employee for just cause at any time. Discharge during the probationary period is not grievable.

iv. An employee exercising bumping privileges shall be limited to one (1) placement and no position shall be subjected to more than one (1) bumping during any period of Layoff. For example, should position X in Department A experience employee displacement due to contractually authorized bumping, position X is thereafter exempt from bumping eligibility for the duration of the defined period of Layoff(s). For purposes of the remaining term of the controlling Collective Bargaining Agreement and this provision, there shall be two (2) defined periods of Layoff. The first period shall incorporate any and all Layoffs enacted from July 1, 2003 through June 30, 2005. The second period shall incorporate any and all Layoffs enacted from July 1, 2005 through June 30, 2007.

v. The members of the unit so laid off and thereafter electing to exercise their bumping rights must notify the university of said election within one (1) business day following formal notification of Layoff.

vi. Salary Range and Step placement for an employee successfully exercising the contractually authorized bumping privilege shall be as follows:

(1) Bumping to Same Salary Range Position

No change.

(2) Bumping to Lower Range Position

The employee should be placed at the same or nearest higher Step on the new Salary Range from that Step occupied prior to Layoff, if available in the Range. If not available within the Range, then the employee shall be placed at the closest Step available within the Range.
(3) Bumping to Higher Range Position
The employees shall be placed at the same or nearest higher Step on the new Salary Range from that step occupied prior to Layoff.

vii. For purposes of determination and implementation of university Layoff(s) and seniority and qualification driven bumping only, all formally recognized OPEIU Stewards shall be considered the most senior employees in the bargaining unit. Among and between said Stewards actual seniority ranking shall control if and when the election to exercise superior seniority status amongst and between said Stewards is necessary.

viii. The parties hereto commit to work together toward minimization of departmental, university and bargaining unit disruption caused by implementation of the contractually authorized Layoff and bumping scheme.

2. Recall

a. The Recall period shall be for twelve (12) calendar months from the date of original Layoff.

b. For the period of Recall, employees laid off from their positions shall be entitled to Recall, by seniority, to the job classification within the department from which originally laid off. Additionally, for the period of Recall, employees laid off from their positions shall be eligible for probationary Recall into any job classification, regardless of department, however, for Recall to any position other than the position from which originally laid off, the employee must first be considered qualified to perform in the position to which Recall is desired and second must serve a ninety (90) day performance based probationary period, during which time the employee may be discharged without resort to the Grievance Procedure. During said period, if the Employer is not satisfied with the probationary employee’s performance, but no earlier than sixty (60) days into the probationary period, it will then place such employee on Layoff. An employee thus laid off shall remain entitled to Recall for the remainder of the Recall period but shall not be entitled to bump again unless recalled and he/she successfully completes the associated probationary period after which he/she is again laid off.

c. Employees laid off, pursuant to this Agreement, shall retain, in addition to the twelve (12) month Recall potential, only those contractual benefits required by law.

d. All employees on the Recall roster must be recalled to their former jobs, if reinstated, prior to the hiring of new employees into such positions.

e. Employees recalled or offered Recall review pursuant hereto must accept the position or review within ten (10) calendar days of notice thereof by the Employer or they shall be removed from the Recall roster permanently. Notice herein shall be effective three (3) business days following posted mailing by both certified and regular mail of Recall or Recall review or by actual, personal or telephone notification to the subject employee, whichever first occurs.

f. Employees who have accepted a position with the Employer on Recall must, in any event, return fully to the position within ten (10) calendar days of acceptance or they shall be removed from the Recall roster permanently.

1. Whenever a permanent job opening within the negotiating unit occurs in any existing job classification or as a result of the development or establishment of new job classifications, a notice of such openings shall be posted on the Department of Human Resources bulletin board, located in the East Building, for five (5) working days except in those circumstances in which a Temporary Employee of the same category and classification is changed to a regular status.

The Employer will not close the job vacancy search until the opening has been posted internally for five (5) working days. If such permanent job opening occurs as a result of increased job duties and a reclassification of the employees presently on that job, or if, consistent with Equal Employment Opportunity guidelines, a position is filled through promotion within a departmental or office unit, such shall not be posted.

2. During this five (5) day period employees who wish to apply for the open position may do so. The application shall be submitted to the Department of Human Resources.

The Union representative, if he/she so requests, may inspect the listing in the Department of Human Resources of those who have applied for such vacancy.

3. The Employer is not restricted to filling the job opening from only those who apply and in filling such opening shall first consider the qualifications of the applicants and providing such qualifications are equal, he/she shall then consider the length of continuous service of the applicants.

4. Unless approved by the Vice President of Human Resources or his/her designee, upon application by a candidate for promotion, no bargaining unit member will be entitled to bid for and accept a new position within the bargaining unit for a period of one (1) year from date of hire into his/her current position.

1. Temporary Positions are defined as job vacancies that may periodically develop in a bargaining unit job classification that either aren’t intended at the outset to remain a permanent part of NJIT’s position roster, or aren’t intended to remain open as the incumbent who is absent from NJIT employment is expected to return.

2. Temporary Employees are defined as persons hired to fill Temporary Positions. Temporary Employees may be hired from outside the university or outside the bargaining unit, but from within the university. Employees assigned from within the bargaining unit to fill Temporary Positions are considered to be employed in an acting capacity as set out in Article XXXV, Acting Capacity.

3. Temporary employment assignments shall be filled at the discretion of the employer, subject to the following:

If a Temporary assignment becomes a permanent position vacancy above Range 13, prior to hiring the Temporary Employee filling the position that will become permanent, the position shall be posted in accordance with A. “Hiring Policy”, above.

4. If and when a Temporary Employee is made a regular employee without any break in service, such employee’s seniority date shall be the date of hire as a permanent employee.

5. Temporary assignments may be considered as training assignments by which an employee may obtain experience which may enable him/her to qualify for future promotions.

1. Those bargaining unit members whose attendance is required during all or part of said period shall be provided one Floating Holiday for each day of service to the university, up to the maximum four (4) days provided by this provision. Rules for use of Floating Holidays shall be governed by those applicable to Administrative Leave, as provided under Article XVI, Administrative Leave, of this Agreement.

2. Prerequisite to required attendance during this period, shall be the provision of written notice to all affected bargaining unit members on or before December 1 of each year.

1. An employee in good standing shall be defined for purposes of this provision only, as an employee without any formal written disciplinary record as maintained in the employee’s official Personnel File located in the Department of Human Resources.

1. Sick Leave may be utilized by employees when they are unable to perform their work by reason of personal illness, injury or exposure to contagious disease or for the attendance of the employee upon a member of the immediate family who is seriously ill, or whose spouse is hospitalized due to pregnancy.

3. In the event of an early closing, any bargaining unit member who is absent due to an authorized pre-approved leave of absence for that day will have his/her accumulated leave bank pro-rated based upon the time of the closing. Any bargaining unit member who calls out the day of an early closing will be charged the value of a full day against his/her respective leave bank in accordance with Article XLIV, Emergency Closing Policy.

1. Anticipated Leave: Any proper utilization of Sick Leave anticipated in advance must be requested as far in advance as practicable and approved by the employee’s immediate supervisor prior to utilization. Approval will not be unreasonably denied. Examples of anticipated Leave, by way of illustration but not limitation, include physician appointments, dentist appointments, scheduled surgery and short term care for an ill member of the immediate family. Within a reasonable period of time following utilization of Sick Leave for this purpose the employee upon request by the Employer must validate the reason for scheduled Leave by means of written proof that the scheduled purpose of the Sick Leave did occur.
2. Unanticipated Leave: For unit members who are not public safety officers, utilization of Sick Leave that cannot be anticipated in advance, such as sudden illness, must be validated by contacting, as soon as possible and, to the extent possible, within one-half (½) hour after the beginning of the employee’s scheduled workday, the employee’s supervisor or by utilizing such method specifically directed by the employee’s supervisor to notify the Employer of unanticipated Sick Leave.

Public Safety Officers who call in sick for unanticipated illness must give a minimum of three (3) hours advance notification, prior to the commencement of the Officer’s scheduled shift, to the Department of Public Safety in accordance with departmental procedures for leave request and approval. Failure of a Public Safety Officer to provide a minimum of 3 hours advance notification, absent exceptional circumstances, shall be considered an offense subject to disciplinary action under Article VIII.

1. In accordance with State and Federal regulations, the Employer may preliminarily designate an employee who has been absent for 3 or more consecutive days or who has exhausted his/her earned sick leave banks on Family Leave, pending medical certification. Family Leave may at the option of the Employer run concurrently with sick leave usage.

2. Long term absences for sick leave that exceed the 60 days of Family Leave may be taken thereafter utilizing accumulated sick leave balances, upon submission of medical certification updates to be provided in intervals of not less than every 30 days.
3. Upon reasonable suspicion of abuse or patterned absenteeism, the Employer may require the employee to provide medical certification for single day or multiple day absences.
4. If absent for five (5) or more consecutive working days, the employee must present a physician’s statement specifically validating the duration and nature of illness or injury enabling Sick Leave usage. An employee absent for unanticipated Sick Leave for any and all periods totaling more than ten (10) days in one (1) fiscal year may be required to submit a physician’s statement validating the duration and nature of illness enabling Sick Leave usage.
5. Sick Leave taken for purposes of Bereavement, pursuant to provision B.2. above, shall not be counted for purposes of either the five (5) or ten (10) day validation requirement, however, Bereavement utilization of Sick Leave must, upon request, be validated through independent written documentation whether anticipated or unanticipated.
6. Upon receipt of a specific diagnostic statement from a physician describing a chronic, debilitating illness of an employee, the five (5) and ten (10) day validation requirement shall be waived as a matter of regular course, however, upon reasonable suspicion of abuse following fifteen (15) days usage of Sick Leave during a fiscal year the Employer, the Union and Employee shall meet for the purpose of either investigating potential abuse and/or to discuss the absenteeism in attempt to avoid disciplinary action. In any event, an employee suffering from a certified chronic illness must at least once every six (6) months provide the Employer with medical recertification and following fifteen (15) days usage in a fiscal year on account of said illness, provide additional recertification of the chronic illness.

1. An employee (or a spokesperson on behalf of an employee) notifies the Department of Human Resources or the immediate supervisor of a personal serious health condition or the serious health condition of an eligible family member (listed in Section A below).

2. Upon the employee or the supervisor’s notification to the Department of Human Resources after 3 consecutive days of paid or unpaid absence.

1. Birth and child care of an employee’s biological child during the child’s first year of life.

2. Adoption or foster care placement and care for the infant/child in his/her first year following adoption or foster care placement.

3. Serious illness or health related, disabling condition of a spouse, child(ren), or parent.

4. Serious illness or health related, work disabling condition of the employee.

1. While NJIT may, under other provisions of employment or of its own discretion, authorize Leaves of Absence greater than twelve weeks and for other purposes under this policy, a maximum of twelve (12) weeks’ Leave for any and all enabling reasons may be taken during the same twelve month period for Leaves pursuant to A.1., 2., or 3. above. One twelve (12) week Leave pursuant to A.4. above may also be taken in each defined twelve (12) month period. The twelve (12) month period is defined in provision E. below.

2. For Leaves taken pursuant to A.1. or 2. above, the maximum twelve (12) week period must commence prior to the child’s first year following birth (A.1.) or prior to the first anniversary date of an adoption or foster care placement (A.2.).

3. The twelve (12) week period amounts to sixty (60) workdays that may be taken as set out below.

4. The Leave may be taken on a consecutive week, intermittent weeks or Reduced Time basis as follows:

a. Intermittent Leave consists of leave taken in separate blocks of time, and may include leave of periods from an hour or more to at least one (1) week intervals that are not necessarily consecutive, and within the twelve (12) month period. Intermittent Leave may only be scheduled and taken with the consent of NJIT, when invoking Leave under Provisions A.1. or 2. above.

b. Reduced Time Leave consists of a work reporting schedule that allows a shortened workday or shortened workweek. Reduced Time Leave may only be scheduled and taken with the consent of NJIT when invoking provisions A.1 or 2. above. An employee on Reduced Time Leave may, at the discretion of NJIT, be transferred for the term of Leave, to another position of equivalent pay and benefits that better accommodates NJIT. Leave under this Provision shall be accounted for and charged on an hour for hour basis.

c. Requests for Reduced Time Leave or Intermittent Leave under Provisions A.1 and 2. above, shall be forwarded to the Department of Human Resources for a case by case review and determination following consultation with the department head or other appropriate supervisor of the applicant.

d. All Leaves, for all reasons, are predicated upon the employee providing the university as much notice as possible. Absent extraordinary circumstances, at least fifteen (15) days advance notice of Leave is required. Failure to provide such notice except where appropriately waived, shall result in a delay in commencement of Leave, if otherwise, entitled, for the requisite fifteen (15) day period.

1. Both A.1 and 2. Leaves must be validated, at NJIT’s request, as to the enabling facts of the Leave. For example, it must be established by the applicant for Leave hereunder that he/she is the parent, within the express meaning of that term as hereinafter defined.

2. Leave, under A.3 above, must be validated by a written Certification from a qualified, licensed, health care provider, that the employee is needed and able to provide care directly related to and on account of an acutely or chronically debilitating health condition requiring hospitalization and/or continuing licensed health provider intervention and treatment. The Certification must also specify the debilitating condition and the prognosis for abatement or recovery with medical opinion as to time anticipated for abatement or recovery. Finally, upon request by NJIT, the employee must validate, through reasonable means, the enabling family relationship.

3. Leave, under A.4. above, must be validated by a written Certification of expert opinion by a qualified, licensed health care provider, describing the work debilitating illness or other work debilitating health related condition and its disabling onset, affect and anticipated duration.

4. Under Leave enabling provisions A.3. and 4. above, when NJIT reasonably believes a submitted Certification is suspect, in significant degree, it may require a second opinion from a licensed health care provider who is qualified in the field of the contended disability/illness. An opinion concurring with the employee’s submitted validation shall result in Leave validation. An opinion dissenting from a suspect/faulty validation shall result in referral, as set out hereunder, to a third, independent health care provider, qualified in the field of the contended disability/illness, for final, binding opinion either validating or invalidating the Leave.

a. Referral for a third, binding health care professional’s opinion shall be by agreement of the employee selected health care provider and NJIT’s selected health care provider. Failing agreement, referral shall be by agreement of the employee and NJIT. Failing secondary agreement, referral shall be made by NJIT.

b. Both second and third health care provider’s opinions shall be arranged and paid for by NJIT.

c. Failure by an employee to provide a Certification which, on its face, purports to meet the primary validation requirements set out above, shall result in denial of Leave and its benefits, and not a second or third opinion, as the original Certification is the sole responsibility of the employee as prerequisite to either any Leave entitlement or a second or third opinion by a licensed health care provider.

5. While an employee is on Family Leave, pursuant to provisions A.3. or 4. above, NJIT may request and is then entitled to periodic formal updates or recertifications as appropriate to the original Certification parameters. NJIT imposed requirement for update or recertification hereunder shall not be unreasonably applied, and NJIT will consider, in good faith, the necessity and frequency of update or revalidation unique to each individual leave based upon the nature and parameters of the original Certification and any factual change in individual circumstance.

6. Prior to an employee’s return to the university from Leave provided pursuant to provision A. 4. above, NJIT may request and receive health care provided Certification that the employee on Leave is no longer work disabled from the originally certified health condition and can return to the workplace as sufficiently recovered to perform the regular, necessary functions of the job. NJIT will cooperate fully with the health care provider in making this assessment by providing, if necessary, a position description and/or through discussion of the dimensions of the position not easily gleaned from such position description.



7. All medical records provided in accordance with policy and consistent with law shall remain confidential with the university and within NJIT, shall remain disclosable only to the Department of Human Resources or those officers of the university with a need to know. In the event that the employee chooses to voluntarily disclose the health condition diagnosis to other employees outside of Human Resources (including the employee’s supervisor) the university will not be held responsible for the disclosure of the confidential information to such persons, or other employees to whom the recipients reveal such medical information. The employee may choose to disclose the health condition diagnosis to his/her immediate supervisor or others in which case the legal confidentiality of the information is waived with respect to such agents to which such information is disclosed or to which disclosure is reasonably to be anticipated by the employee’s disclosure.

8. For Reduced Time Leave or Intermittent Leave taken under provisions A.3 and 4 above, employee’s must notify in writing, with copies to the appropriate supervisor and the Department of Human Resources, time taken (hours, days, weeks) for authorized Family Leave. Notice can be summarized in one document for each pay period, as appropriate.

a. An employee must have worked for NJIT at least one (1) year prior to commencement of Leave. However, the time need not be consecutive nor need it be full-time.

b. An employee must have worked a minimum of 1,000 hours in the year (12 consecutive months) immediately preceding the Leave for Leaves under provision A. 1. 2. and 3. above.

c. An employee must have worked a minimum of 1,250 hours in the year (12 consecutive months) immediately preceding the Leave for Leave pursuant to A. 4. above.

2. The hours prerequisites set out above refer to actual hours worked at the university and do not refer to excused or unexcused absences.

3. FLSA exempt employees will be presumed to have worked the requisite number of hours if they have met the twelve (12) months of prior employment requirement. The presumption is rebuttable. The burden of rebuttal is with NJIT.

a. For Leave under provisions A. 1 and 2. above, an employee will be afforded an option to charge accrued Vacation and/or Administrative Day Leave for the absence.

b. For Leave under provisions A. 3. and 4. above, an employee will be required to charge any and all accrued Sick Leave, until exhausted, as prerequisite to taking Unpaid Leave under this Policy. Additionally, an employee may elect to charge accrued vacation and/or administrative day leave, for leave invoked under these provisions.

c. Charged Vacation, Administrative Day or Sick Leave banked accruals will be charged hour for hour in cases of Intermittent and reduced workweek when the leave is for less than one full day.

d. Elected or required utilization of paid Vacation, Administrative Day, or Sick Leave accruals does not extend Family Leave or otherwise modify those other Leaves available to employees of the university.

2. Health Benefits: That health benefits coverage in effect and covering the employee immediately prior to Leave shall be maintained throughout the period of Family Leave subject only to program participation and parameters alteration as appropriately negotiated and/or implemented, consistent with law.

3. Other Benefits: Other benefits available to employees on Leave shall be governed by the provision applicable to the Leave. If for example, the employee is drawing paid Sick Leave while depleting Family Leave, the provisions of Sick Leave Policy not inconsistent with this Policy shall govern, while the provisions of Unpaid Leave Policy that are not inconsistent with this Policy shall govern an unpaid Family Leave or any portion thereof.

4. Worker’s Compensation: Follow up visits to medical professionals as a result of Worker’s Compensation claims that are not covered under Workers’ Compensation Leave may be chargeable as Family Leave when all enabling prerequisites are met. If prerequisites are not met, sick leave banks may be utilized.

5. Reinstatement: An employee ready and able to return to his/her position of employment immediately following exhaustion of Family Leave will be returned to his/her position or, at NJIT’s discretion, to an equivalent position with equivalent pay and benefits unless the employee would have been terminated in the absence of any Leave (e.g., layoff, contractual non-reappointment, or natural term expiration of a terminal or temporary position of employment).

a. Key Employee Exception:

i. Employees of NJIT who, during a period of Family Leave taken pursuant to A. 1., 2. or 3. above, are within the top 5% of the university’s employees with respect to gross income paid by the university, are “Key Employees” and may be denied leave as set out above if such Leave will, as can be established by the university, cause substantial and grievous economic or other organizational harm to NJIT.

ii. Employees of NJIT who, during a period of Family Leave taken under any enabling provision, are within the top 10% of NJIT’s employees with respect to gross income paid by NJIT are also “Key Employees” and may be denied reinstatement as set out above, if such reinstatement will, as can be established by NJIT, cause substantial and grievous economic or other organizational harm to NJIT.

iii. Key Employees must be individually noticed by NJIT, prior to taking Leave, that they are Key Employees and that Leave and/or position restoration may be denied them depending upon their Key Employee status and type of Leave desired.

iv. An employee on Leave who, during the Leave, becomes a Key Employee or a Key Employee who failed to receive such notice prior to commencement of Leave and who would not otherwise be entitled to Leave or would not otherwise be reinstated pursuant to this provision, will be notified by the university immediately and given an opportunity to immediately return from Leave with full restoration to his/her position prior to denial of further Leave or denial of reinstatement.

1. Child: A child is the biological, adopted or formally placed, foster care child, stepchild or legal ward of the employee requesting Leave and under eighteen (18) years of age or eighteen (18) years and over but certifiably incapable of self-care because of mental or physical impairment.

2. Parent: A parent is the biological or legally recognized parent of a child. For Leave pursuant to provision A. 3. above, a parent shall include parents-in-law.

3. Spouse: A spouse is the legally recognized, married partner of the employee requesting Leave.

4. Serious Illness or Health Related Condition: This is defined as illness, injury or physical or mental impairment that involves a period of incapacity or treatment following in-patient care in a hospital, hospice, or residential medical care facility; a period of incapacity requiring more than three (3) days’ absence from work and continuing treatment by a health care provider; or continuing treatment by a health care provider for a chronic or long term health condition that is so serious that, if not treated would likely result in incapacity of more than three (3) days; or continuing treatment by or under the supervision of a health care provider or a chronic or long term condition or disability that is incurable.

5. Health Care Provider: A “health care provider” is defined as any doctor of medicine or osteopathy, podiatry, optometry, or psychiatry or any nurse practitioner or psychologist performing within the scope of their licensed practice as defined under law.

1. Bereavement Leave may be used to grieve and/or attend to the death and funeral of an eligible employee’s immediate family, defined for purposes of this provision only as father, mother, spouse, children (natural or legally recognized) and brother or sister.

2. This benefit may be combined with Bereavement Leave under Article XVII, Sick Leave, only upon application to the Vice President of Human Resources, or his/her designee and then only where the employee’s Sick Leave utilization separate from Family Leave utilization, is less than ten (10) days in the past year. The determination of the Vice President of Human Resources or his/her designee is final and not subject to Grievance Procedure.

3. Written validation of the need for Bereavement Leave must be provided at the request of the employer. Invalid utilization of this benefit is a disciplinable offense up to and including termination.

1. Any employee, not entitled to, or after having exhausted, the other Leave benefits provided by this Agreement but desiring to remain employed by NJIT may apply for an Extraordinary Leave of Absence.

2. In reviewing requests for Extraordinary Leave of Absence, the Employer will ensure that Article XVIII, Family Leave, is fully complied with as prerequisite to its discretionary determination as to whether to grant a request and the parameters on such grant when given. There shall be no benefits bank accrual during any Unpaid Leave, nor shall there be any monetary contribution by the Employer on behalf of such employee except as may be mandated by law, or as otherwise expressly provided for by this Agreement.

1. Any and all requests for Leave of Absence under this provision must be made in writing, with specific statement of need for Leave, as far in advance of the desired Leave as possible. Application for Leave must be submitted to the Vice President of the employing division with a copy to the employee’s immediate supervisor and the Department of Human Resources, except in such cases where the specific statement of need recites a medical or other legally confidential basis, in which case the full application shall be submitted to the Department of Human Resources with notice to the immediate supervisor and the division Vice President that a request has been made for the duration stated on the application.

2. Approval or denial and any and all conditions on approval of the requested Leave shall, be provided by the Employer prior to any authorization for absence. Reason for denial of Unpaid Leave shall be provided with a denial of Leave by the Employer. Approval of the leave may only be granted by the division Vice President who must consult with Human Resources prior to any authorization to ensure policy consistency. Absence, of any duration, from employment, without authorized leave, constitutes job abandonment and therefore, immediate termination is effected.

3. Administration of this Article is grievable only on the limited basis that the Employer held no rational basis to deny the requested Leave. Problems arising out of the administration of this Article may be referred to the Labor/Management forum for discussion and attempted resolution.


C. Reinstatement

1. The Employer agrees to continue the long term disability program in effect at the university at the time of signing this Agreement. The Employer shall have brochures provided by the insurance company and make them available as requested.

2. All eligible full-time employees shall continue to be eligible for participation in the existing temporary Disability Plan subject to the appropriate rules and regulations governing the plan for university employees.

1. Vacation may be utilized in hourly increments, partial days, full days or consecutive days in a manner that permits operations flexibility and no significant disruption in university service.

2. Vacation may not be unilaterally scheduled or taken and neither may it be used to provide payment for an unauthorized absence.

3. If the nature of the work makes it necessary to limit the number of employees on vacation at the same time, preferential scheduling for specific vacation days shall be based upon seniority in accordance with the following procedure:

a. Before any member of a department may schedule his/her vacation, senior bargaining unit members, within the same department, shall be afforded a right of first refusal for the time period requested by a junior bargaining unit member.

b. A senior bargaining unit member may withhold his/her decision with respect to a given vacation request of a junior bargaining unit member that is more than six (6) months prior to the first day of requested vacation leave until six (6) months prior to the first day of said leave.

c. A senior bargaining unit member may not exercise the right of first refusal, with respect to the same junior bargaining unit member more than once in each of the four (4) years of this Agreement.

1. Not more than two clerical and one technical employee shall be granted a leave of absence at any given time.

2. During the leave of absence period, the employee shall not engage in any activities for the purpose of organizing unrepresented University employees.

3. The leave of absence for Union business for any employee shall not exceed one year.

4. During the leave of absence, the employee shall not accrue any university service credit for any benefit purpose.

1. Fees, including the Employer’s facilities fees, associated with Employer offered courses that are both approved as to Tuition Remission Program eligible and limited to those courses, that are tuition free, shall be waived, for bargaining unit employees, by the Employer, in content and credit quantity for the term of this Agreement only, subject to such restrictions as placed on that tuition remission available to bargaining unit employees, including compliance with the policy terms and conditions for waiver.

2. Fees less the Employer’s facilities fees associated with credit bearing courses leading to an approved course of study and matriculation shall be waived by the Employer for dependent children of a bargaining unit employee for up to ten (10) semesters of study except:

a. Failing a course or withdrawal from a course for part-time students will nullify the fee waiver for such course and the fee will be due and owing upon the occurrence of either event.

b. Failing a course or withdrawal from a course for full-time students will result in loss of one semester of fee waiver eligibility for each such event. Failing a course and/or withdrawal from a course owing to a semester in which disqualification hereunder cannot be fully effected will result in full refund of the waived fee for the semester.

c. There shall be no fee waiver for courses taken during summer term.

3. This Fee Remission Program is subject to all Employer sponsored fee program parameters otherwise effected by the Employer.

1. All parking (except grandpersoned spaces) at all available locations, including the Employer’s parking deck, shall be on a first come first served basis following registration of a bargaining unit member’s motor vehicle, entitling him/her to parking privileges at the following rates:

a. Base Salary of $0 - $26,500.00…………pays $50 per semester.

b. Base Salary of $26,500.01-$31,800.00…pays $75 per semester.

c. Base Salary of $31,800.01-$42,400.00…pays $100 per semester.

d. Base Salary of $42,400.01-$53,000.00…pays $125 per semester.

e. Base Salary of $53,000.01-$63,600.00…pays $150 per semester.

2. The Parking Fee Table is illustrative of the program schedule and outlines the fee methodology. The tables are not exhaustive and the program accommodates higher salaried employees according to the incremental methodology outlined above.

3. Fees shall be collected through payroll deduction and spread over the first five (5) consecutive pay periods following registration of a motor vehicle by an employee. There will be no rebates or discounts for partial use during any semester in which a vehicle is registered and therefore entitled to be parked on the Employer’s premises.

4. Fees will not be charged during the Summer term.

2. Changes in benefits or open enrollment periods adopted by the State Health Benefits Commission are a requirement for continued participation in the State Health Benefits Program and the parties recognize that changes shall apply to employees represented by the union. Changes, corrections or reinterpretations of the program promulgated by the State shall be incorporated into the Agreement and thereafter be applicable to all employees.

3. Current eligible employees (those who work at least 20 hours per week or more) will have the option, on the open enrollment dates, of selecting one of the following plans: Traditional Indemnity, Managed Care/Point of Service (New Jersey Plus), or an HMO approved by the State Health Benefits Commission.

4. A summary of recently adopted changes (P.L. 2003, Chapter 199) are listed below.

1. The Managed Care/Point of Service Plan (New Jersey Plus) shall remain without any premium cost to eligible employees and their eligible dependents.

2. Effective July 1, 2003, newly hired employees shall not be eligible to enroll in the Traditional Plan. Eligible employees hired prior to July 1, 2003, who elect coverage in the Traditional Plan shall pay 25% of the cost of the premium of that Plan as established by the State Health Benefits Commission.

3. Employees who elect coverage in an approved HMO Plan shall pay 5% of the cost of the premium of that Plan as established by the State Health Benefits Commission.

4. The above employee contributions to premiums shall remain in effect for the duration of this Agreement.

2. Effective July 1, 2004, HMO and NJ Plus co-payments for primary and specialists (i.e. office visits) shall increase from $5.00 to $10.00 per visit.

1. The State agrees to assume the full cost of the New Jersey Plus and HMO’s coverage for employees and their dependents including the cost of charges under Part B of the Federal Medicare Program for eligible employees and their spouses, but not including survivors, for employees who accrue twenty-five (25) years of pension credit service, as provided under the State Health Benefits Plan, by July 1, 1997, and those employees who retire for disability on the basis of fewer years of pension credit in the State Health Benefits Plan. The State agrees to assume part of the cost of the Traditional Plan for employees and their dependents, as above and as provided under the State Heal Benefits Plan.

2. Employees who are barred from participation in the Traditional Plan will not be eligible to select Traditional Plan upon retirement. Retirees will not be offered a plan for which they were ineligible as active employees.

3. Co-payments for retirees participating in the Traditional Plan and NJ Plus will increase July 1, 2004 to $6.00 for generic prescription drugs, $13.00 for preferred, and $26.00 for other brand prescription drugs. The mail order co-payments for retirees for a 90-day supply will increase to $6.00 for generic, $19.00 for preferred and $32.00 for other brands.

1. The University shall continue to participate in the Prescription Drug Benefit during the term of this Agreement. The Program shall be funded and administered by the State.

2. It shall provide benefits to all eligible unit employees and their eligible dependents provided the employee is enrolled in one of the medical plans listed in Section A.

3. Each prescription required by competent medical authority for Federal legend drugs shall be paid for by the State from funds provided for the Program subject to a deductible provision which shall increase effective July 1, 2004 from $5.00 to $10.00 for brand name prescription drugs and from $1.00 to $3.00 for generic drugs; mail order co-payments shall increase from $5.00 to $15.00 for brand name and from $1.00 to $5.00 for generic drugs. Renewals of such prescription are further subject to specific procedural and administrative rules and regulations which are part of the Program.

1. It is agreed that Eye Care Program shall include all employees and their eligible dependents (spouse and unmarried children under 23 years of age who live with the employee in the regular parent-child relationship). The coverage shall be $35 for regular glasses and $40 for bifocal glasses or more complex prescriptions with all other conditions for eligibility as in the current plan.

2. The extension of benefits to dependents shall be effective only after the employee has been continuously employed for a minimum of sixty (60) days.

3. Full-time employees and eligible dependents as defined above shall be eligible for a maximum payment of $35 or the cost, whichever is less, of an eye examination by an Ophthalmologist or an Optometrist.



4. Each eligible employee and dependent may receive only one (1) payment for glasses and one payment for examinations during the period of July 1, 2003 to June 30, 2005 and one payment for glasses and one payment for examination during the period of July 1, 2005 to June 30, 2007. This program ends on June 30, 2007. Proper affidavit and submission of receipts are required of the employee in order to receive payment.

1. Full-time employees and eligible dependents shall be eligible for the State administered Dental Care Program which shall be continued during the life of this Agreement.

2. Participation in the Program shall be voluntary with a condition of participation being that each participating employee authorizes a biweekly salary deduction not to exceed 50% of the cost of the type of coverage elected, e.g., individual employee only, husband and wife, parent and child or family coverage.

3. Each employee shall be provided with a brochure describing the details of the Program, enrollment information and the required forms.

4. Participating employees shall be provided with an identification card to be utilized when covered dental care is required.

5. An optional Dental Program Organization which will provide services through specific dentists will be made available to employees in this unit. Participation in this Program shall be voluntary with a condition that each participating employee authorizes a biweekly salary deduction not to exceed 50% of the cost of the coverage for a one (1) year period.

6. Employees will be able to enroll in only one (1) of the two (2) programs or in no program at all.

1. July 1, 2003 through December 31, 2003: Twelve Thousand dollars ($12,000) for all employees less than 50 years of age and Fourteen Thousand dollars ($14,000) for those employees 50 years of age or older.

2. January 1, 2004 through December 31, 2004: Thirteen Thousand dollars ($13,000) for all employees less than 50 years of age and Sixteen Thousand dollars ($16,000) for those employees 50 years of age or older.

3. January 1, 2005 through December 31, 2005: Fourteen Thousand dollars ($14,000) for all employees less than 50 years of age and Eighteen Thousand dollars ($18,000) for those employees 50 years of age or older.

4. January 1, 2006 through June 30, 2007: Fifteen Thousand dollars ($15,000) for all employees less than 50 years of age and Twenty Thousand dollars ($20,000) for those employees 50 years of age or older.

1. A Flex-time reporting structure may only be initiated by NJIT and must contain the following minimum parameters:

a. The schedule accommodates NJIT’s business interest in providing greater service to its constituencies.

b. Employees will not be scheduled for unsupervised work.

c. There will be no reduction in the number of hours worked in the workweek.

d. The workweek will consist of at least four (4) days.

e. Overtime payments will only be due and owing in accordance with “Fair Labor Standards Act” legal requirements.

f. Where a choice of flex hours is available for two (2) or more employees in the same bargaining unit position, the most senior member of the unit will be given the right of first refusal on flex schedule, if, and only if, that employee is in good standing.

g. Good standing is defined herein under Article XV D.1., Holidays.

1. All work performed in excess of any regularly scheduled, and worked shift.

2. All work performed in excess of any regularly scheduled workweek in which any employee worked or received paid excuse there from.

3. All work required by the Employer to be performed before or after any scheduled work shift.

4. All work required by the Employer to be preformed on an employee’s regular sixth (6^th) day.

1. Subject to the State Legislature enacting appropriations for these specific purposes, the Employer agrees to provide the following benefits, effective at the time stated herein:

a. For the period July 1, 2003 through the last payroll commencing in Fiscal Year 2004, the operative salary guide for bargaining unit members shall not be adjusted by any across-the-board increase.

b. There shall be an across-the-board salary increase, to all employees on the active payroll, of 2.9% effective in the first full pay period of Fiscal Year 2005 (July 2004).

c. There shall be an across-the-board base salary increase, to all employees on the active payroll, of 2.0% effective in the first full pay period of Fiscal Year 2006 (July 2005). There will be an additional 2.0% increase to the base salaries, as of June 30, 2005, of all eligible bargaining unit employees, effective the first pay period after January 1, 2006.

d. There shall be an across-the-board base salary increase, to all employees on the active payroll, of 2.25% effective the first full pay period of Fiscal Year 2007 (July 2006). There will be an additional 2.35% increase to the base salaries, as of June 30, 2006, of all eligible bargaining unit employees, effective the first pay period after January 1, 2007.

e. The new Compensation Plan salary schedule shall be adjusted and amended in accordance with established procedures to incorporate the above cited base salary increases for each step of each range applicable to positions recognized as within the bargaining unit.

f. Employees in their first fiscal year of employment shall not receive the increase as set out in “a.” through “d.” above.

2. A salary range with specific minimum and maximum rates as well as forty (40) merit based incremental steps therein for each position commencing July 1, 2003.

3. Regulations governing the administration of the plan, including an employee performance evaluation.

4. The authority, method and procedures to effect modification as such is required. However, within any classification, the annual salary rate of employees shall not be reduced as a result of the exercise of this authority.

1. Each position in the bargaining unit shall consist of forty (40) equal steps from minimum to maximum salary.

2. Movement from one step to the next higher step shall occur only through the awarding of performance based compensation, consistent with an employee’s performance over the past year as regularly codified in performance evaluation. (See Article XL, Employee Performance Evaluation).

3. The merit pool shall consist of monies equivalent to 1.5% of the base composite salary of the bargaining unit as of July1^st of the year of award.

4. The maximum award to an individual shall be five (5) steps in any given year of this Program.

5. An employee at the 38^th step of his/her respective salary range is eligible for an award in:

a. A non-salary base, merit bonus up to the value of five (5) steps in any given year of this Program.

b. Base salary merit up to the value of two (2) steps upon the recommendation of the Merit Review Committee and the concurrence by the President.

6. All monies pooled for distribution will be paid over to eligible members of the bargaining unit.

a. A minimum of eighty percent (80%) of the merit pool will be distributed in Step or Step equivalent cash awards as set out above and according to the final certified performance evaluation rating.
b. A maximum of twenty percent (20%) of the merit pool may be distributed, at the discretion of the Employer in cash awards less than the value of a Step or Step equivalent cash award, accompanied by a written rationale for the award to be provided to the union upon request.

7. Merit Appeal System.

a. A member of the bargaining unit denied merit award inconsistent with performance shall, with the formal support of the Union, have a limited right to appeal the denial of award to the Merit Appeal Committee (The Committee). The Committee shall consist of the following representatives:

i. University General Counsel (ex officio).
ii. Two representatives selected by OPEIU.

iii. Two representatives selected by NJIT.

In the case of deadlock, The Committee will select a 5^th member of the university community, by consensus, to break the deadlock. If a mutual selection cannot be made, the parties will utilize the New Jersey Public Employment Relations Commission (PERC) procedures for selecting an arbitrator who will hear the appeals and break all deadlocks. The 5^th member of The Committee will review the record and will not hear appeals anew.

b. The Committee will hear appeals and render its decision on a majority basis within thirty (30) days of hearing. The employee appealing must prove with credible evidence, that the decision not to award merit to the employee, was both inconsistent with noticed performance expectations, performance demonstration and policy guidelines as set out, and in accordance with Article XL, Employee Performance Evaluation. The appeal must be in writing and state, with particularity, the evidence of improper action that proves a denial of merit was improper. The Committee will review the submission, determine if there exists a credible claim entitling an appellant to a hearing and notify the appellant of its decision as to whether a hearing will be provided or a decision rendered on the written claim. Where possible, hearings will be avoided and the decision will be based upon the written record.

c. No more than ten (10) appeals may be advanced by the Union during any one awarding period (1 year) under this Agreement.

d. An appeal must be filed by the Union on behalf of the employee within two (2) weeks of notice of award. All appeals are to be registered with NJIT’s Department of Human Resources. All appeals will be heard together and within thirty (30) days of the end of the filing period.

e. An employee who loses two (2) consecutive appeals will be barred from appealing for the ensuing year of merit awarding.

f. A successful appellant’s award shall be deducted from the ensuing merit pool.

g. A merit Program Review Committee shall be established to review and make recommendations for improvements to the Program. The Merit Program Review Committee shall consist of the Vice President of Human Resources and/or his/her designee, the OPEIU Chief Steward, one (1) member of the bargaining unit selected by NJIT and one (1) member of NJIT’s supervisory management structure selected by OPEIU.

1. For each year of this Agreement, any bargaining unit member who actually works a third shift, for a minimum of 195 full shifts shall be entitled to a one-time cash bonus in the amount of $200.

2. For each year of this Agreement, any bargaining unit member who actually works a third shift, for a minimum of 98 full shifts but less than 195 full shifts shall be entitled to a one-time cash bonus in the amount of $100.

3. Third shift shall be defined for purposes of this provision only, as any shift beginning after 10:00 p.m. on a given day or before 5:00 a.m. on a given day.

4. Shift Bonus eligibility is conditioned upon actually working the prescribed shift as set out above. Excused, paid or unpaid absence from a third shift does not count toward Shift Bonus qualification. Further, an extended workday into a third shift, from any other shift, and for which Overtime compensation is paid pursuant to Agreement, does not count toward Shift Bonus qualification.

1. Each new officer/guard/dispatcher shall purchase his/her complete Employer required uniform upon employment. Upon successful completion of six (6) months of service to the Employer, as a member of the bargaining unit, each such officer/guard/dispatcher shall be reimbursed the entire cost of initial uniform issue.

2. Each officer/guard/dispatcher shall report to duty with the Employer in Employer designated, standard uniform in good condition.

3. The Employer shall determine the acceptable state of each Program participant’s uniform and may direct the repair, maintenance or replacement of any participant’s uniform. The Employer shall not unreasonably implement this discretion.

4. All cost of repair, expenses to maintain and replacement costs rest with each Program participant.

For the first two years of the contract (July 1, 2003 through June 30, 2005), a total allowance of $1,150.00 shall be paid semi-annually. That allowance shall be increased to $1,200.00 annually for the last two years of the contract (July 1, 2005 through June 30, 2007). The uniform allowance shall be paid as follows:

1. Security/Dispatch personnel with at least six (6) months full-time service, prior to July 1 of each given year of allowance shall receive one-half (½) of the allowance in the first full pay period of July and the remainder of the first full pay period of January or the same fiscal year. For FY ’04 only, any pre-payments of uniform allowance made by the university prior to ratification of this Agreement shall be credited towards the uniform entitlement for the year, and any balance due shall be paid as soon as reasonably practicable after ratification of the collective bargaining agreement.

2. Security/Dispatch personnel with less than six (6) months full-time service, prior to July 1 of each given year of allowance shall receive one-half (½) of the allowance, further prorated as appropriate to the nearest month of service, payable in the first full pay period of the next January of the same fiscal year and one-half (½) of the allowance, prorated as appropriate to the nearest month of service, payable in the first full pay period of July, in the ensuing fiscal year.

3. The allowance is interchangeable and usable for purchase, maintenance, repair and/or replacement, as needed, on an individual basis.

4. Payment Conditions: A condition precedent to eligibility for uniform allowance shall be active or approved, inactive employment status at the time of scheduled payment.

1. The Program consists of setting goals and objectives and reviewing attention to and attainment of these goals and objectives as well as identification and demonstration of job specific competencies that are determined to be necessary for successful performance in the position entrusted to each employee.

2. The Program expects continual monitoring of performance and demands at least annual evaluation of attention to and attainment of job specific goals and objectives as well as the successful demonstration of identified competencies of the position.


3. Both goals and objectives and job specific competencies will be shared and discussed with each employee periodically as performance is evaluated over the course of an annual period. All opportunities, goals and objectives not already stated in an employee’s position description or previously communicated to the employee that will be evaluated as a measure of merit compensation, must be communicated in writing to the employee within the first three (3) months of the annual performance period.

4. Employees will be provided with a copy of each evaluative measure that is committed to writing by Employer and will be notified of all such evaluative measures that will be immediately or ultimately placed in an employee’s official Personnel File. All such evaluative writings shall require a signature of the evaluated employee prior to placement in an employee’s Personnel File. The employee’s signature shall verify that he/she has seen and reviewed the evaluation. It does not necessarily denote agreement or concurrence with the evaluative writing.

5. Ratings as to goals and objectives accomplishment and performance characteristics shall be denoted as either “ER” (consistently exceeds established requirements and expectations), “MS” (consistently demonstrates mastery of the position’s established requirements and responsibilities as well as showing an inexhaustible learning curve and initiative within the position’s parameters), “MR” (consistently meets most or all established requirements and reasonable expectations), “MR-” (minimally meets most of the established requirements on a consistent basis), or “FS” (falls short, on balance, of established requirements). Ratings of “ER”, “MS” “MR” or “FS” must be elaborated upon by the Employer in writing. Rating of MR- should also be elaborated upon, consistent with the compensation methodology herein set out. A written format for the evaluation shall be available from the Department of Human Resources.

6. The evaluation(s) shall be reviewed by the evaluator’s supervisor for concurrence, comment or rejection. An approved evaluation, along with recertified match of competencies to position, shall serve as guiding factors in setting applicable goals and objectives for the ensuing performance period. A rejection shall be accompanied with rationale and shall be considered in evaluating the performance management of the evaluator. A rejected evaluation shall either be reformed by the evaluator and resubmitted for approval or provided to the employee by the evaluator’s supervisor who reformed the evaluation.

7. Compensation: The approved evaluation shall serve as the dominant guide in determination of annual performance based compensation adjustment, as set out in Article XXXVI, Salary Program Compensation. The direct relationship of performance to enhanced compensation shall be in accordance with the following guide:

Except and only as set out above, once pooled merit funds are expended, the Employer’s obligations hereunder are complete.

1. Physical Plant personnel involved in restoring, readying and/or ensuring an accessible work environment.

3. Residence Life personnel.

4. Specific circumstance and operational needs may dictate express designation, on a case-by-case basis, of other personnel. Those designated employees are then governed by those reporting and pay parameters of essential services personnel.

The State of New Jersey Medical Examiner’s Toxicology Laboratory, Newark, New Jersey shall be the sole facility for testing procedures for Public Safety Officers. The following two step process will be followed:

i. The Enzyme Multiplied Immunoassay Test (EMIT) and Thin Layer Chromatography (TLC) will be used as initial drug screening procedures.

ii. Gas Chromatography/Mass Spectrometry (GCMS) technique is used to confirm all positive results of initial drug screening.

Before a Public Safety Officer is ordered to submit to a drug test on the basis of “reasonable individualized suspicion”, the Department shall prepare a confidential report which documents the basis therefore. The Director of Public Safety (or such individual designated by this Policy to render approval of testing) shall base his/her decision on the contents of this confidential report. No such report shall be required in the event of allowable discretionary testing.

Prior to the submission of a urine sample for any type of testing, the Public Safety Officer shall complete a medical questionnaire which clearly describes all medications, both prescription or over the counter, which he or she ingested during the prior thirty (30) days.

At the time the urine sample is provided, the Public Safety Officer will have the option to submit two samples. Both samples will be acquired according to the procedures outlined herein. One will be forwarded to the State Medical Examiner Laboratory for testing; the remaining sample will be stored in a frozen state within, or accessible to, the Department according to departmental procedures regarding chain of custody and evidence storage. This sample will be made available, upon request through the appropriate channels, to the Public Safety Officer or his or her authorized employment representative (which for this process only may include retained counsel).


The Director of Public Safety shall designate the Assistant Director and Deputy Chief of Police or a Lieutenant to serve as the official monitor responsible for urine sample acquisitions. As the official monitor, he/she shall be responsible for ensuring that all relevant disclosure forms have been thoroughly completed by the Public Safety Officer. Prior to the submission of the urine sample to the laboratory for testing, both the official monitor and the Public Safety Officer shall inspect the specimen bottle packet for indications of pre-void tampering. The official monitor may also choose to designate another witness to the sample acquisitions.

It is the procedure of the State Medical Examiner’s Toxicology Laboratory to notify the Director of Public Safety, as to the result of the urinalysis, immediately upon completion of the test. The laboratory will retain only those samples, which have been confirmed to be positive for the presence of drugs. All oral notifications are normally followed up with written reports.

All Public Safety Officers who are screened and confirmed to be positive for the presence of drugs shall:

i. Be notified of this fact by the Director of Public Safety as soon as practicable after oral notification is received from the laboratory.

ii. Be provided with a copy of the laboratory report, as soon as practicable after receipt of same.

iii. Be suspended from duty, without pay, pursuant to Article XIX(C) of the collective bargaining agreement (Discipline & Discharge) pending a due process hearing for dismissal from employment.

iv. Be given the opportunity to challenge a termination from employment based upon a confirmed positive result in the same manner as provided in the collective bargaining agreement for challenging disciplinary impositions involving termination of employment. The only grievable issues with regard to discipline resulting from a positive drug test are as follows: (1) a challenge to the testing results or procedure; or (2) in the case of drug testing based upon “reasonable individualized suspicion”, a claim that reasonable ground for testing did not exist.

c. Negative Results

i. If the test result as determined at any stage of the process is negative, the allegation of drug abuse against the Public Safety Officer shall be classified as “unfounded”.

ii. Any Public Safety Officer whose specimen is found to be negative, or who has a verified, lawfully issued, medically valid prescription explaining a positive result, shall receive a letter from the Director of Public safety stating that no illegal substances were found and no negative inferences may be drawn from the testing itself. A copy of the letter will be placed in the Public Safety Officer’s personnel file and all records regarding the test will be destroyed.

iii. Negative specimens shall be destroyed immediately upon completion of urinalysis by the Medical Examiner’s Toxicology Laboratory.

1. Any Supervisor finding a Public Safety Officer in possession or control of drugs or contraband, shall immediately notify the Director of Public Safety or, in his absence, the Assistant Director and Deputy Chief of Police or a Lieutenant, and follow existing police procedures regarding the seizures of the evidence.

2. All properties belonging to NJIT’s Public Safety Department are subject to searches at any given time, upon the existence of a state of facts which would rationally indicate that drugs or contraband may be present therein. Such state of facts shall be set forth in a written report, to be filed with the Director of Public Safety within a reasonable amount of time following the search. This warrantless search may occur, without notice, as there is no expectation of privacy in or on NJIT owned property provided for the Public Safety Officer’s storage of clothing and personal effects, unless otherwise specifically authorized in writing by NJIT.

3. Property includes, but is not limited to, NJIT police-owned vehicles, desks, drawers, containers, file cabinets and storage lockers.

4. Lockers that are assigned to department members, including those that may be locked, are also subject to searchers by the Director of Public Safety and/or his designee(s) in the presence of the Public Safety Officers, with or without their permission. There is no expectation of privacy (from the university’s authorized personnel) in said lockers, notwithstanding the allowance of department members to secure their valuables from others.

5. All confiscated items shall be inventoried by the supervisor, invoiced on a Property Evidence Receipt, as investigatory evidence, and placed in a property envelope and delivered to the Newark Police Department.

6. The Supervisor conducting the search shall submit a detailed report to the Director of Public Safety, fully documenting all evidence that supported the existence of a rational suspicion which led to the search. The results of the search shall also be clearly articulated.

DURATION