STANLEY B. WALDMAN, L.L.C.
Professional Labor Relations Consultant
BY: STANLEY B. WALDMAN
7400 Bayshore Drive
Margate, New Jersey 08402

TABLE OF CONTENTS 1

REIMBURSEMENT 32


TABLE OF CONTENTS (Con’t)

A. The parties agree to enter into collective negotiation over a successor agreement in accordance with the New Jersey Employer-Employee Relations Act, in good faith, to reach an agreement concerning the terms and conditions of employment of the employees mentioned in Article I. Such negotiations shall commence in accordance with the timelines established by PERC in the calendar year in which the Agreement expires. Any Agreement so negotiated shall apply to all employees mentioned in Article I, will be reduced in writing ratified by both parties and signed by the authorized representatives of the Township of Mullica and Policemen's Benevolent Association, Local #77.

lifetime of this Agreement, except through negotiations between both parties.

B. Both parties agree there will be no changes in the terms and conditions of employment during the lifetime of this Agreement, except through negotiations between both parties.

C. Whenever a representative of the PBA or any employee is mutually scheduled by the parties to participate during the employee's scheduled working hours in negotiations, grievances, conferences or meetings, he shall suffer no loss of time, pay, or any other fringe benefits and shall be relieved from duty subject to the manpower needs of the department.

ARTICLE III GRIEVANCE PROCEDURE

A grievance is any dispute between the parties concerning the application of/or interpretation of this Agreement, policy, administrative decision or any complaint by any employee as to any action or non-action which violates any right arising from his or their employment.

B. Grievance Steps

1. Step One: Any and all grievances by an employee shall be submitted to the steward of the PBA in writing within fifteen (15) days of its occurrence. The steward shall screen and process all grievances with the Chief or his designee within ten (10) days of written receipt.

2. Step Two: If the grievance is not resolved within fifteen (15) days after

4. Step Four: In the event the grievance is not resolved at the third step, the PBA, after finding the matter meritorious, may refer the matter for impartial binding arbitration. If the PBA wishes to move a grievance to arbitration, it shall file with the Public Employment Relations Commission with ten (10) days of receipt of decision, or the expiration of time for the Township committee to act in Step 3 whichever occurs earlier, and request that a list of arbitrators be furnished to the Township and the PBA.

Public Employment Relations Commission within ten (10) days of receipt of decision, or the expiration of time for the Township committee to act in Step 3 whichever occurs earlier, and request that a list of arbitrators be furnished to the Township and the PBA.

5. Nothing herein is to preclude any meeting or haring at any step if requested by either party.

5. Nothing herein is to preclude any meeting or hearing at any step if

requested by either party.


Arbitration

a. Unless the parties agree otherwise, no more than one (1) issue shall be presented to an arbitrator in any single case.
b. The fees and expenses of the arbitrator shall be borne equally by the parties. Any other expenses incurred by the parties shall be borne by the party incurring
same.


c. The arbitrator shall be bound by the terms and conditions of this Agreement and shall not have any power to add to, subtract from or in any way modify any of the terms of this Agreement.
d. The decision of the arbitrator shall be in writing with the reasons therefore and shall be binding upon the parties; subject, however, N.J.S.A- 2A:24-1 et seq.

C. Presence of Individuals at Arbitration Hearing

The Steward or his alternate, whose presence is required in the arbitration hearing, shall be released from his regular work shift without loss of regular straight time rate pay for such purpose. Any individuals employed by the Township reasonably required as a witness in arbitration proceedings under this Agreement shall be made available.

D. Time Limits

The time limits set forth herein shall be strictly adhered to. If any grievance has not been initiated within the time limit specified, the grievance shall be deemed to have been waived. If any grievance is not processed to the succeeding step in the grievance procedure within the time limits prescribed, then disposition of the grievance at the prior step shall be deemed to be conclusive. Nothing herein shall prevent the parties from mutually agreeing to extend or contract the time limits provided for processing the grievance at any step in the grievance procedure. All such extensions shall be in writing and signed by a representative of the Township and the Steward.

ARTICLE VII SCHEDULING

1. There shall be a minimum of forty-eight (48) hours on all schedule changes, meeting or any other activity notices except in the event of a police emergency, e.g., floods, civil disturbances, severe accidents, etc. Employees may switch with one another with permission and notification must be made. Work schedules must be posted at least fifteen (15) days in advance. Schedules shall not be changed to avoid overtime unless for a police emergency as described in this provision.

2. Written approval by superior officers for all switches must be obtained before

switch is permitted. This notice must remain on file. At no time will employees switching with

each other result in overtime or compensatory time payments being made to either involved

individual.

ARTICLE VIII SALARIES AND COMPENSATION

1. Each employee covered by this, Agreement shall have their base salary

3. The longevity schedule and for longevity pay is as follows:

C. Court Time

1. All employees mentioned in Article I attending any court hearing or conference stemming from a criminal or quasi-criminal matter arising out of the course of or in connection with a employee's performance of duties as an officer of the Township, shall be compensated at a minimum of three (3) hours call in pay at the employee's overtime rate for each attendance when the officer is not scheduled for duty.

D. Stand-By Time

1. Stand-by time for all officers shall be compensated for at a rate of one (1) hour compensatory time for each hour of stand-by time or part thereof when the officer is housebound due to importance of stand-by and must remain by phone.

2. All other stand-by time for all officers shall be compensated for a rate of one (1) hour compensatory time for each three (3) hours of stand-by time or part thereof.

E. Recall to Duty

When an officer is recalled to duty, he/she shall be compensated from the time scheduled to report at a rate of one and one half (1 1/2) pay or compensatory time at the officer's discretion for a minimum of three (3) hours.

F. Paychecks

1. All items on the paycheck shall be listed separately, such as overtime, dues, pension, etc. All additional pay, excluding overtime, shall be paid in a separate check.

2. All paychecks shall indicate the number of hours worked at straight time as well as those worked overtime.

G. K-9 Officer

1. A K-9 Officer shall be paid for eight (8) hours per day but shall only be required to work seven and one-half (7^1/2) hours per day.


2. A K-9 Officer shall receive four (4) hours of compensatory time per month as compensation for weekend care of the dog.

ARTICLE IX OVERTIME

2. The hourly rate for overtime shall be computed by adding the base salary and longevity pay together, dividing by 2080 and multiplying by 1.5.


3. The straight time rate of pay shall be computed by taking the base pay and dividing by 2080.

B. Compensatory Time

1. When the officer works overtime, the choice of compensation, whether it be in compensatory time at 1¹/2 times or in pay at 1¹/2 times, shall be his.

3. Officers employed after January 1, 2003, shall not accrue more than 240 hours of compensatory time.

4. Officers shall be allowed to sell back up to forty (40) hours of accumulated compensatory time (earned at time and one-half) at the end of each calendar year at the employee's straight rate of pay as of December 31 of that calendar year. Such payment shall be made to the officer no later than the first pay period following final adoption of the Township's budget.

C. Overtime Scheduling

1. Distribution of overtime shall begin by seniority and rotate henceforth. If an officer refuses overtime, his name shall be skipped and proceed to the next senior man.

2. If an emergent situation arises and a shift is required to be filled (less than 24 hours notice), the officer on duty shall remain on duty to fill the vacancy for the first half of the
2. Officers employed prior to January 1, 2003, who have in excess of 240 hours of compensatory time accrued, shall be allowed to carry forward such time and utilize it at their discretion. They shall receive overtime pay and not be entitled to receive additional compensatory time until their accrued compensatory time falls below 240 hours a maximum of 240 hours at which time they may elect to receive compensatory time in lieu of overtime pay up to a maximum of 240 hours.
shift and shall be compensated at a rate of 1 ฝ times per Article IX, Paragraph A If the on-coming officer refuses or cannot be contacted, the officer on duty shall remain on duty if he chooses to do so or Paragraph A of this Article shall be followed. Under no circumstances will the shift remain uncovered.
If there is more than twenty-four (24) hour notice that the shift will be vacant,

Section C.1. shall be followed.

3. All time worked in excess of the normally scheduled workday shall be

compensated at 1 ฝ times the employee's salary in accordance with Article IX, Paragraph A

ARTICLE X HOLIDAYS

A. 1. Members mentioned in Article I that work on the actual date of the holiday (not the day of observance if different from the date of the holiday), shall be compensated an additional eight (8) hours of compensatory time at one hour for one hour.

2. Holidays shall be as listed:

ARTICLE XI VACATIONS

B. Vacations shall be based upon the completion years if completed within the calendar year. All vacations are to be taken during the calendar year when possible. Each officer will be permitted to carry forward a maximum of the current year's vacation and the total vacation allocated for the immediate past year. On December 31st of the current year, all remaining unused vacation time from the prior year will be lost. No compensation will be received for this lost time. Upon termination, vacation time for the current year will be prorated from January 1" of the departure year until the last scheduled payroll date.

ARTICLE XII SICKLEAVE

1. The Township recognizes that unlimited accumulation of Sick Leave and Vacation time was a condition of employment for the Employees listed in Article I. The Township further agrees t o grant the Employees listed in Article I, unlimited sick leave that will not be accumulated.

2. The Employees listed in Article I agree to waive that condition of employment with regard to Sick Leave and Vacation time and agree to freeze all accumulated Sick Leave 'and vacation Time up to and including the effective date of this Agreement.

3. Should the Employee retire, the Employer agrees to continue the Employee's bi-weekly pay as a terminal leave for the equivalent amount of time owed to the Employee. An employee on terminal leave shall be carried on the Township's payroll as an inactive employee for such period of terminal leave. He/, she may only be allowed to. return to active duty with the Township at the sole discretion of the Township with written approval of the Township. Except upon the express written approval and consent of the Township, an employee on terminal leave may not return to active service with the Township if the Township has hired a permanent replacement for the employee on leave.

4. Should the Employee leave employment or be terminated, the Employer agrees to compensate the Employee, for all days frozen at the Employee's straight time rate of pay.

5. Should the Employee become deceased while in direct employment or while on terminal leave, the Employer agrees to pay the Employee's next of kin or Estate one lump sum following the Employee's death within the next thirty (30) days.

6. From date of hire to the completion of five (5) years, the employee shall be assessed no more than three (3) days per year for days off due to illness or injury.

Upon 4 completion of five (5) years, there shall be no loss of time or pay to the

Employee for days off duty due to illness or injury.

7. Any employee absent due to illness for more than three (3) consecutive days shall provide the Township with a note from a certified physician identifying the reason for the absence and a certification that the employee is able to return to work.

B. Employees Hired On and After to January 1, 2000

Employees hired on or after January 1, 2000 in addition to his paid vacation, will be granted sick leave with pay of one (1) working day for every month of service during the first calendar year of employment and fifteen (15) working days in every calendar year thereafter, credited on January 1 of each calendar year. If any such employee requires none or only a portion of such allowable sick leave for any calendar year, the amount of such leave not taken shall accumulate to his or her credit from year to year and such employee shall be entitled to

utilize such accumulated sick leave with pay as required. Sick days will not be accumulated for

the purposes of terminal leave.

ARTICLE XIII LEAVES OF ABSENCE

B. Bereavement Leave
1. Members as mentioned in Article I shall be allowed five (5) work days time off, to be used within fifteen (15) days of the date of death in case of death of the following: mother, father, grandmother, grandfather, wife, son, daughter, brother, sister, father-in-law, mother-in-law, son-in-law, daughter-in-law or any other person permanently residing in the members home.
2. For grandchild, aunt, uncle, nephew, niece, brother-in-law, cousin of the

degree, day of burial only.

3. Exception to the above may be made when the deceased is buried in another city and the member is unable to return to duty in the amount of time granted.

ARTICLE XIV
HEALTH INSURANCE AND MEDICAL BENEFITS

2. The Township of Mullica does reserve the right to re-open the

contract solely on issue of Health Benefits if or when a new provider selected




contract solely on issue of Health Benefits if or when a new provider selected or regulations

governing State Health Benefits Plans are amended to permit variations in the level of

coverage.

3. An employee desiring to have full family coverage for all health insurance benefits must produce evidence that he/she is the primary insurance provider for the family. If this proof is not presented the responsibility for health benefits for the individual by the Township will be restricted to single coverage and not family coverage.

B. Medical Examination

1. Each employee shall be afforded a complete medical examination once each

calendar year. This examination shall be voluntary and shall consist of basic blood work,

chest
x-ray, EKG, eyes, ears, nose, throat, prostrate and any other tests recommended by the examining physician, e.g.: stress test, etc. If the medical examination is not covered by the employee's health plan, all expenses for the examination shall be borne by the Employer.

2. Proof of insurance submission and denial must be submitted

to the Township before payment will be authorized. All reports and

declaration of the examination shall be distributed by the authority of the

employee.

C. Health Insurance Upon Retirement

Any employee recognized in Article I hired prior to January 1, 2007 who retires after twenty-five (25) years of service in the Police and Firemen Retirement System and fifteen (15) years of service with the Township of Mullica or who is granted a Disability Retirement Pension from the Police and Firemen Retirement System shall retain and enjoy all medical, optical, dental, health and prescription benefits. Such Benefits shall be continually paid by the Township.

C1. Any employee recognized in Article I hired subsequent to January 1, 2007 who retires
after twenty-five (25) years of service in the Police and Firemen Retirement System and

fifteen (15) years of service with the Township of Mullica or who is granted a Disability

Retirement Pension from the Police and Firemen Retirement shall retain and enjoy all

medical, health

and prescription benefits. Such benefits shall be shall be continually paid by the Township.

ARTICLE XVII ADDITIONAL EXPENSES AND REIMBURSEMENT

B. The Employer agrees to pay the maximum per mile amount allowed by the IRS and tolls when the officer's personal vehicle is used for official police business providing permission is granted, in advance, by the Chief of Police.

C. Payment for the above expenses will be made upon presentation of receipts for all incurred allowable expenses.

D. If the Township requires/requests its officers to take a physical fitness test, any officer who passes such test shall receive a payment of $200.00.

ARTICLE XVIII
OTHER EMPLOYMENT

ARTICLE XIX AGENCY SHOP

B . The deduction shall commence for each Employee who elects not to become a member of the PBA during the month following written notice from the PBA of the amount of the fair share assessment. A copy of the written notice of the amount of the fair assessment must. also be furnished to the New Jersey Public Employment Relations Commission.

C. The fair share fee for services rendered by the PBA shall be in an amount equal to the regular membership dues, initiation fees and assessments of the PBA, less the cost of the benefits financed through the dues and available only to members of the PBA, but in no event shall the fee exceed eighty-five (85%) percent of the regular membership dues, fees and assessments.

D. The sum representing the fair share fee shall not reflect the costs of financial support of political causes of candidates, except to the extent that it is necessary for the PBA to engage in lobbying activity designed to foster its policy goals in collective negotiations and contract administration, and secure for the Employees it represents advances in wages, hours, and other
conditions of employment which ordinarily cannot be secured through collective negotiations with the Township.

E. Prior to January 1" and July 31" of each year, the PBA shall provide advance written notice to the New Jersey Public Employment Relations Commission, the Township and to all Employees within the unit, of the fair share fee for services enumerated above.


F. The PBA shall establish and maintain a procedure whereby any Employee can challenge the assessment as computed by the PB A This appeal procedure shall in no way involve the Township or require the Township to take any action other than to hold the fee in escrow pending resolution of the appeal.

G. The PBA shall identify, defend and save the Township harmless against any and all claims, demands suits or other forms of liability that shall arise out of or by reason of action taken by the Township in reliance upon salary deduction authorization taken by the Township in reliance upon salary deduction authorization cards or the fair share assessment information as furnished by the PBA to the Township, or in reliance upon the official notification on the letterhead of the PBA, advising of such changed deductions.

H. Membership in the PBA separate, apart and distinct from the assumption by one of the equal obligations to the extent that he has received equal benefit. The PBA is required under this Agreement to represent all of the Employees in the bargaining unit fairly and equally, without regard to PBA membership. The terms of this Agreement have been made for all Employees in the bargaining unit, and not only for members in the PBA and this Agreement has been executed by the City after it has satisfied itself that the PBA is a proper majority representative.

ARTICLE XXIII
DURATION OF AGREEMENT

B The parties agree that negotiations for a successor agreement modifying, amending, or ring the terms and provisions of this Agreement shall commence no later than one hundred twenty (120) days prior to the date on which this collective bargaining Agreement is to expire. At least three (3) negotiation sessions must take place before either party can file for Interest Arbitration with the Public Employment Relations Commission (PERC). The terms of this Agreement and all practices shall remain in full force and effect until said successor agreement is reached.

IN WITNESS WHEREOF, the undersigned have hereto affixed their signatures on this ญญญ______day of ___________________, 2007

The parties agree that negotiations for a successor agreement modifying, amending, or ring the terms and provisions of this Agreement shall commence no later than one hundred twenty (120) days prior to the date on which this collective bargaining Agreement is to expire. least three (3) negotiation sessions must take place before either party can file for Interest Arbitration with the Public Employment Relations Commission (PERC). The terms of this Agreement and all practices shall remain in full force and effect until said successor agreement is reached.

IN WITNESS WHEREOF, the undersigned have hereto affixed their signatures on this ญญญ______day of ___________________, 2003

FOR THE TOWNSHIP OF MULLICA: FOR MAINLAND PBA



__________________________________ _____________________________
Robert Hagaman, Mayor Norman S. Meyers, Jr.
President







________________________ _____________________________
ATTESTED Paul Register
Kimberly Johnson Shop Steward
Township Clerk