Parks Maintenance Workers
Sr. Parks Maintenance Worker (Operations)
Sr. Parks Maintenance Worker (Turf)
Transportation Bus Driver

1. This Agreement shall bind all parties for the period of January 1, 2008 through December 31, 2010.

1. All provisions of this Agreement shall be and continue in full force and effect after December 31, 2010 unless and until superseded by a subsequent agreement or terminated.

1. It is understood and agreed that the provisions of the Township of the “Agency Shop” concept established by the passage and signing of the amendments and supplements to the “New Jersey Employer-Employee Relations Act” (P.L. 1941, C. 100, C. 34”13A13. et. seq.) are in effect. Any new employee who does not join within thirty (30) days of initial employment within the unit, and any employees previously employed within the unit who do not join within ten (10) days of re-entry into employment within the unit shall, as a condition of employment, pay a representation fee to the Union by automatic payroll deduction.

The representation fee shall be in an amount equal to eighty-five percent (85%) of the regular Union membership dues, fees, and assessments, as certified to the employer by the Union. The Union may revise its certification of the amount of the representation fee at any time to reflect changes in the regular Union membership dues, fees and assessments. The Union’s entitlement to the representation fee shall continue beyond the termination date of this Agreement so long as the Union remains the majority representative of the employees in the unit, provided that no modification is made in this provision by a successor agreement between the Union and the Employer.

The Union shall indemnify and hold the employer harmless against any and all claims, demands, suits, and other forms of liability that may arise out of, or by reason of any action taken or not taken by the Employer in conformance with this provision.

1. Bulletin Board
   The union shall have the use of a bulletin board on the Township’s premises for the posting of notices relating to union meetings and official business only. No other notices shall be posted until they have been submitted to and approved by the Township. Such approval shall not be unreasonably withheld.
   
2. A duly elected Safety Representative from the bargaining unit will be recognized by

ARTICLE V

Township and the Union shall be scheduled during non-working hours. Employees will conduct no Union business during regular business hours.

1. Any employee refusing an assignment will be dismissed for the day without pay. Refusal of an assignment shall be considered insubordination and will be subject to appropriate disciplinary action.

1. Assignments shall be given immediately prior to the beginning of the workday. Any disagreement with the scheduling or assignment of duties shall not interrupt regular work schedules. If not immediately resolved, the employee may discuss this matter with the Shop Steward as soon as possible

*Merit Bonus is tied to a Performance Evaluation
An employee who works the evening shift shall receive an additional $1.00 per hour for time worked during that shift.
Although the Step scale is eliminated, current employees who are in the Step Scale will continue to progress through Step 6.

SECTION 7-2. OVERTIME
Overtime shall be granted on a strict seniority basis and shall be paid at 1-1/2 times the employee’s regular hourly rate. An employee must have actually worked or been paid for forty (40) hours in a pay period to be eligible for overtime. A forty-hour (40) workweek is exclusive of unapproved sick leave and unpaid leave. Unapproved sick leave means any leave either not previously approved by the Supervisor or documented with an acceptable doctor’s certificate. Overtime on a holiday shall be paid at double time. Overtime on a Sunday shall be paid at one-and-three-fourth’s the employee’s regular rate.

1. Employees hired after January 1, 1994, shall be entitled to vacation leave with pay according to the following schedule:

1. Employees with 0-5 years of service shall earn six point sixty-seven (6.67) hours for each month of service or (10 days) vacation per year.
1. Beginning the sixth (6th) year to the end of the tenth (10th) year, employees shall receive ten (10) hours for each month of service or (15 days) vacation per year.

1. Beginning the eleventh (11th) year to the end of the nineteenth (19th) year, employees shall receive thirteen point thirty-four (13.34) hours for each month of service or (20 days) vacation per year.

1. Beginning the twentieth (20th) year and each year thereafter, employees shall receive sixteen point sixty-seven (16.67) hours for each month of service or (25 days) vacation per year.

1. Any employee covered by this Agreement and hired prior to January 1, 1994, shall be entitled to the following:

1. Employees with 0-5 years of service shall earn ten (10) hours vacation for each month of service or (15 days) per year.

1. Beginning the sixth (6th) year to the end of the tenth (10th) year, employees shall receive twelve (12) hours for each month of service or (18 days) vacation per year.

1. Beginning the eleventh (11th) year to the end of the nineteenth (19th) year, employees shall receive thirteen point thirty-four (13.34) hours for each month of service or (20 days) vacation per year.

1. Beginning the twentieth (20th) year and each year thereafter, employees shall receive sixteen point sixty-seven (16.67) hours for each month of service or (25 days) vacation per year.

1. Vacation shall be scheduled by the respective Department Manager (Supervisor), giving preference to employee choice according to seniority, until March 31^st. Thereafter, vacation will be selected on a first come/first serve basis where practicable and where consistent with continued efficient operations.

1. Vacation days shall accrue on a monthly basis and are pro-rated for the year when an employee is hired and leaves the employment of the Township in good standing.

1. An employee, at the time of retirement, is entitled to payment for all accrued, unused vacation leave.

In the event that an employee is entitled to vacation leave at the time of his death, the spouse or the estate of the employee shall receive the earned vacation time.

Employees terminated by the Township will not be entitled to compensation for accumulated vacation time.

1. Vacation leave shall not be granted during probationary period. An employee who terminates employment during the probationary period shall not be paid for any vacation time accrued during that period.

1. The following days are recognized as holidays for the purpose of this Agreement. Employees scheduled to work any of these holidays will be paid at the rate of time and one-half and will be granted leave time for the holiday. Employees must work the day before and the day after said holiday to receive holiday pay:

needed to cover the day shift and the evening shift. Schedules for these holidays will be prepared in January of each year, and will be determined on a seniority basis.

A. Employees working the evening shift will receive the regular shift differential in

1. The Township shall allow employees to receive personal days off each year for pressing personal business in accordance with the following schedule:
   
   During the first twelve (12) months of employment – 1 personal day
   During the second year of employment - 2 personal days
   During the third year of employment and each calendar year
   thereafter - 3 personal days
   
2. Employees shall request personal days in writing in accordance with the personnel policies established by the Township Manager. Upon receipt of such a request, the Township shall allow or deny same within three (3) days. Written notification does not apply to emergency situations; however, the employee must call the Supervisor at least thirty minutes prior to 7AM.

1. Personal days do not accrue from year to year and are prorated for the year when the employee leaves the employment of the Township.

1. Personal days shall not be used in succession or to extend vacation time.

1. Personal days cannot be used during an employee’s probationary period.

1. The employee must notify his supervisor immediately upon receipt of a summons for jury service;

2. This section does not apply where an employee voluntarily seeks jury service;

3. No reimbursement of wages will be made for jury service during holidays or vacations;

4. At the Township request, adequate proof must be presented of time served on jury duty and the amount received for such services.

1. As it relates to core benefits (vacation, sick time, personal leave), seniority is defined to mean an employee’s accumulated length of continuous service with the Township.

1. As it relates to job assignments, seniority is based on time in the Parks Division. Job assignments shall be based on job qualifications and skill.

An employee’s length of service shall not be reduced by time lost due to an absence for a bona fide illness or injury certified by a physician.

1. During the month of January, the Township shall post in a conspicuous place, a seniority list of employees from the regular payroll records.

1. Any controversy over the seniority standing of any employee on the seniority list shall be submitted as a grievance within thirty (30) days after posting after which the list shall become binding.

1. An employee who has satisfactorily completed his probationary period shall gain seniority status. Said employee’s name shall be added to the list as of his first day of employment.

1. Calling or participating in any strike, work stoppage, slow down, strike threat, sick-out or walk-out.

2. The Township may test an employee if there is reasonable suspicion to suspect said employee is drunk or under the influence of alcohol or drugs during working hours. Refusal to take a properly administered test shall be considered sufficient evidence of drunkenness or being under the influence of alcohol.

3. Possession, use or consumption of any alcoholic beverage on Township property before, during and after working hours.
This provision does not apply to an employee who is off duty and attending a social affair at a township-owned facility.

4. Commission of an act prohibited by N.J.S.A., 2C, Chapter 11 through Chapter 40 inclusive, any violation of the provisions of this Code of the Township of Evesham, including but not limited to Section 22-13, or any other offense involving dishonesty.

5. Carrying an unauthorized passenger in a Township vehicle or use of a Township vehicle for any unauthorized purpose.

6. Possession or use of non-prescribed legend or narcotic drugs while on the job or being under the influence of such drugs while on the job. Drug testing of employees involved in a vehicle or equipment job-related accident which results on a positive test, or refusal of employee to take a drug test after such employee was involved in a vehicle or equipment job-related accident.

7. Being absent without authorization for three (3) consecutive days.

8. Abusive language or assault on Township employees or Township representatives.

9. Knowingly altering another employee’s or employee’s own time card.

10. Walking off the job without authorization of the Supervisor.

The purpose of this procedure is to secure, at the lowest possible level, an equitable solution to the problems which may arise affecting the terms and conditions of employment under this Agreement.

Nothing herein shall be construed as limiting the right of any employee having a grievance to discuss the matter informally with any appropriate member of the Division.

The term “grievance” as used herein means the interpretation, application or alleged violation of this Agreement and may be raised by an individual or the Union at the request of an individual or individuals. The sole remedy available to any employee for any alleged breach of this Agreement or any alleged violation of his rights hereunder shall be pursuant to the grievance and arbitration procedure provided.

The following constitutes the sole and exclusive method for resolving grievances between the parties covered by this Agreement and shall be followed in its entirety unless any step is waived by mutual consent:

Step One: The aggrieved or the Union Shop Steward shall institute action under the provisions hereof within ten (10) calendar days after the event has occurred
and an earnest effort shall be made to settle the differences between the aggrieved employee and the immediate supervisor for the purpose of resolving the matter informally. Failure to act within said ten (10) days shall be deemed to constitute an abandonment of the grievance.

Step Two: If no agreement is reached orally within five (5) calendar days of the initial discussion with the immediate supervisor, the employee or the Union may
present the grievance in writing within five (5) calendar days thereafter to the Department Head. The Department Head shall answer the grievance in
writing within five (5) calendar days of receipt of the written grievance.

Step Three: If the Union wishes to appeal the decision of the Department Head, such appeal shall be presented in writing to the Township Manager within ten (10) calendar days thereafter. The Township Manager shall respond, in writing, to the grievance within fifteen (15) calendar days of the submission.

Step Four: If the grievance is not settled through Steps One, Two and Three, either party shall have the right to submit the dispute to arbitration within ten (10) working days pursuant to the rules and regulations of the Public Employment Relations Commission. The cost for the services of the arbitrator shall be borne equally by both parties.

The parties direct the arbitrator to decide, as a preliminary question, whether he has jurisdiction to hear and decide the matter in dispute.

The arbitrator shall be bound by the provisions of this Agreement and the Constitution and Laws of the State of New Jersey and be restricted to the application of the facts presented to him involved in the grievance. The arbitrator shall not have the authority to add to, modify, detract from or alter in any way the provisions of this Agreement or any amendment or supplement thereto. The decision of the arbitrator shall be final and binding.

The arbitrator’s decision shall be in writing, with reasons.

4. The Union and the township shall be limited to placing one (1) issue before an
arbitrator at any one time. Arbitrators shall be prohibited from hearing more that one (1) grievance except by mutual consent of the parties.

not been initiated within the time limits specified, then the grievance shall be deemed to have been abandoned. If any grievance is not processed to the next succeeding step in the grievance procedure within the time limits prescribed there under, then the disposition of the grievance at the last preceding step shall be deemed to be conclusive. If a decision is not rendered within the time limits prescribed for decision at any step in the grievance procedure, then the grievance shall be deemed to have been denied. Nothing herein shall prevent the parties from mutually agreeing in writing to extend or contract the time limits for processing the grievance at any step in the grievance procedure.

1. Upon prior notice to and authorization of the Department Head, the designated
   Union representatives shall be permitted to confer with employees and the Township on specific grievances in accordance with the grievance procedure set forth herein during work hours of the employees, without loss of pay, provided the conduct of said business does not diminish the effectiveness of the Township of Evesham or require the recall of off-duty employees.

1. Grievance and disciplinary hearings will be scheduled whenever possible during
   working hours of the employees involved and at a time mutually convenient to the Township and the designated OPEIU Local 32 representative.

1. An employee subject to discipline will be advised in writing within seven (7)
   calendar days of the knowledge by the appropriate Township representative of the

1. Every employee covered by this Agreement understands that responding to emergencies is a condition of employment. He will supply management with a telephone number at which he can be reached. If the Employer cannot contact employees in an emergent situation, the Employer reserves the right to utilize employees outside the bargaining unit or outside vendors.

It is understood and agreed that no employee has the right to leave without the Director’s or his designee’s permission. Exceptions are approved vacation or approved leave.

1. No employee shall work more than twelve (12) hours at a time beyond his regular shift. Each employee shall be eligible for one (1) thirty-minute break (30) every five (5) hours. The first break can come after two (2) hours worked past the normal shift. All breaks shall be approved and scheduled by the Superintendent of Public Works, or his designee, prior to taking such break. Only establishments approved by the Township may be used unless such establishments are not open twenty-four (24) hours a day. The cost of meals shall not exceed $12.00 per meal or $30.00 in the twelve-hour period.

1. No employee shall work more that twelve (12) hours at a time beyond his regular shift. Each employee shall be eligible to receive not more than three (3) thirty (30) minute breaks. All breaks shall be approved and scheduled by the Director of Parks and Recreation or his designee prior to taking such break.