Preamble and Purpose

Section I: Military Leave
Section 2: Bereavement Leave Section 3: Leave Without Pay Section 4: Sick Leave
Section 5: Disability Leave
Section 6: Personal Leave

Section I: Legal Expenses
Section 2: School Expenses
Police Academy & Police
Technical Schools
College Degrees
Section 3: Reimbursement for Expenses

Terms & Conditions of Expenses

Uniform, Clothing & Maintenance

Section I: Hours of Work
Tours of Duty
Work Schedule

Section 2: Overtime
_{Court Attendance}

Section I: Salary
Section 2: Call Out Pay
_{Section 3: Detective Differential}

Section I : Purpose
Section 2: Definitions
Section 3: Presentation of a Grievance
Section 4: Powers of the Arbitrator
Section 5: Computation of Time Changes &
_{Conditions of this Agreement}

Township Operations 17

Tour of Duty
Work Week

Section I: Contract Negotiations
Section 2: Grievance Proceedings
Section 3: Policeman's Benevolent Association
Association Meetings
Section 4: Membership Meetings
Section 5: Approval of the Chief of Police

_{Article 1: Recognition and Scope}

Article II: Township Rights and Responsibilities

S_e<,:tion I: In order to effectively administer the affairs of the Township government and to properly serve the public, the Township of Morris hereby reserves and retains unto itself, as public employer, all the powers, rights, authority, duties, and responsibilities conferred upon and vested in it by law prior to the signing of this Agreement. Without limitation of the foregoing, management's prerogatives include the following rights:

I. To manage and administer the atlairs and operations of the Township;

2. To direct its working forces and operations;

3. To hire, promote and assign employees;

4. To demote, suspend, discharge or otherwise take disciplinary action against employees;

5. To promulgate rules and regulations, from time to time, which may effect the orderly and efficient administration of Township government.

6. The Township shall exercise the foregoing rights in accordance with all applicable laws and the provisions of this Agreement.

Section 2: The Township's use and enjoyment of its powers, rights, authority, duties, and responsibilities, the adoption of its policies and practices or the promulgation of rules and regulations in furtherance thereof, and the exercise of discretion pursuant thereto, shall be limited only by the terms of this Agreement and to the extent same conform to the laws of New Jersey and of the United States.

Se<:;tion 3: The Township shall furnish the Association with a copy of any change in the Rules and Regulations at least thirty (30) days prior to the etTective date thereof. The Township shall notifY the Association of any changes in the Rules and Regulations as soon as practicable prior to implementation.

Section 1: The Township hereby acknowledges that the police personnel subject to this Agreement as public employees of the Township have certain rights under the laws of New Jersey to form, join and assist any employee organization or to refrain from any such activity, and both the Township and the Association agree that employees under this Agreement shall be free to exercise any of these rights without fear of penalty or reprisal.

Secti_on_l: No employee shall be required to investigate an employee of equal or higher rank where it is alleged or suspected that the employee of equal or higher rank has committed a violation of Departmental Rules and Regulations.
Section 3: An employee shall have the right to obtain specific information from his personnel tile on reasonable notice and at reasonable times.

(a) When derogatory material is placed in an officer's personnel file, the Township agrees to notifY the police officer, in writing, and the ot1icer shall have the right to respond to such material, in writing, and that writing shall be placed in his personnel file. Specifically excluded here from are references for employment submitted to the Township per Attorney General's Guidelines of 1999.

(a) The interrogation of a member of the force shall be at a reasonable hour, preferably when the member of the force is on duty, unless the exigencies of the investigation dictate otherwise.

(b) The interrogations shall take place at a location designated by the Chief of Police.
Usually it will be at the Police Headquarters or the locations where the incident allegedly
occurred.

(c) The member of the force shall be informed of the nature of the investigation before any interrogation commences. Sufficient information to reasonably apprise the members of the allegations should be provided. If it is known that the member of the force is being interrogated as a witness only, he should be so informed at the initial contact.

(d) The questioning shall be reasonable in length. Fifteen (15) minutes time shall be provided for personal necessities, meals, telephone calls, and rest periods at the end of every two (2) hours.

(e) The member of the force shall not be subject to any offensive language, nor shall he be threatened with transfer, dismissal or other disciplinary punishment. No promise of reward shall be made as an inducement to answering questions.

(f) At every stage of the proceedings, the Department shall afford an opportunity for a member of the force, if he so requests, to consult with counsel and/or his Association representative before being questioned concerning a violation of the Rules and Regulations during the interrogation of the member of the force, which shall not delay the interrogation beyond one (I) hour for consultation with his Association representative.

(g) In cases other than departmental investigations, if an officer is under arrest or if he is a suspect or the target of a criminal investigation, he shall be given his right pursuant to the current decisions of the United States Supreme Court.

(h). Nothing herein shall be construed to deprive the Department or its officers of the ability to conduct the routine and daily operations of the Department.

(i) No employee covered by this Agreement shall be subjected to any urinalysis or blood screening unless one of the two (2) circumstances exist:

(I) Where the employer has probable cause to suspect that there is a job-related individualized impact with respect to the specific employee being tested.

(2) Where the urinalysis or blood testing is done as part of a bona fide annual physical examination which is done for the entire Police Department.

(j) Under no circumstances shall the employer offer or direct the taking of a polygraph or voice print examination for any employee covered by this agreement.

(k) The employer agrees to follow the Attorney General's guidelines and supply one copy to the union upon request.

Section j_: All employees hired prior to January I, 2012 shall be granted the following leave for vacation purposes, with pay, in and for each calendar year, except as otherwise herein provided.

_{Length of Service:}

From I st anniversary to 5th anniversary From 5th anniversary to 12th anniversary From 12th anniversary to 17th anniversary From 17th anniversary to 22nd anniversary After 22nd anniversary

All employees hired after January 1, 2012 shall be granted the following leave for vacation purposes, with pay, in and for each calendar year, except as otherwise herein provided.

_{Length of Service: Hours:}

From 1st anniversary to 8th anniversary From 8th anniversary to 16th anniversary From 16th anniversary to 22nd anniversary After 22nd anniversary

Section 2: Where, in any calendar year, the vacation or any part thereof is not granted by reason of pressure of business, such vacation period or parts thereof not granted shall accumulate and shall be granted during the next succeeding year only and are to be used by September 30 of the succeeding year. No annual vacation leave shall be taken without the permission of the Chief of Police or his designee.

Section 3: Subject to Section 4, employees may take up to one-hundred-sixty (160) hours vacation leave in the increments of work days which correspond to their normal tour of duty, at the discretion of the Chief of Police or his designee.

Section 4: The Chief of Police shall allot vacation periods in order to assure orderly operation and adequate continuous service, but he/she will grant vacation, so far as possible, in accordance with the desires of the employees covered by this agreement in the order of their seniority in rank. Should a conflict arise in the adequate continuous service rank shall have preference in the selection of vacation time. For the purposes of this agreement, the order of rank shall be in descending order:

Note: Though the ranks of Chief and Patrol Officers/Detective Patrol Officer are not covered under the provision of this agreement, they are listed to show the order of preference within the department as a whole.

Sectio_ll 2: Employees shall take their vacation at the scheduled time; however, ditTerent periods of vacation may be taken, if mutually acceptable to the Chief of Police and the employee.

Section 6: Retiring employees shall receive credit for one half of the current year vacation if they retire prior to July 1. If they retire July 1 or later, they shall be entitled to the entire year vacation.

of a reputable physician in attendance upon any employee or member of his/her immediate family may be required as proof if need of leave of absence.

(b) Sick leave with pay, in addition to the annual vacation, shall be one-hundred-twenty (120) hours per year. If any employee requires none or only a portion of his/her allowable sick leave for any calendar year, the amount of such leave not taken shall accumulate to his/her accumulated sick leave with pay, as and when needed.

(I) Patrol sergeants working 12-hour tours of duty shall receive 100 hours of sick time per year.
(2) Patrol lieutenants working 12-hour tours shall receive 112 hours of sick time per year.

(c) Employees covered by this Agreement shall be entitled to receive the following:

(I) For each hour of accumulated (unused) sick leave an eligible employee, as described below, shall be compensated at the rate of 40% for each hour of accumulated sick leave, up to a maximum of two thousand (2,000) hours, to be computed at the hourly rate of said employee's pay at the time of termination of service.
(2) For the purpose of subsection (c), an eligible employee is one (a) who retires from the Township service, (b) who resigns from Township service under circumstances other than dishonorable after completing fifteen (15) years of service, or (c) who dies while
being employed by the Township, regardless of years of service.

(3) Effective January I, 1996, all new employees shall be subject to a maximum compensation of $25,000.

Section 5: Disability Leave.

(a) Whenever any employee of the Township on a full-time basis is disabled through injury or illness which arose out of and in the course of employment as evidenced by a certificate of a reputable physician, he/she shall be granted, in addition to his/her annual leave of absence with pay for a period of thirty (30) days or so much thereof as may be required. If at the end of such thirty (30) day period, he/she is unable to return to duty, the Township Committee may extend such disability leave for an additional like period, either with full pay or part pay, as it may determine, but no longer than a total of twelve (12) months with full pay. Certificates of continuing disability shall be filed at the end of each thirty (30) days by a reputable physician.

(b) In the event an employee receives an award for permanent or temporary disability benefits in workmen's compensation, which compensated him/her for time lost from employment for the period during which he/she was on disability leave with pay, said employee shall reimburse the Township from the amount received by him as compensation in a sum not to exceed the salary paid him by the Township while on disability leave or the amount of the award, whichever is the lesser.

Section 6: Personal Leave.

(a) Each employee shall be entitled to 16 hours of personal leave a year with pay. All requests for personal leave shall be made to the Chief of Police at least four (4) days in advance, where feasible. Personal days may not be taken in lieu of vacation.

(I) Patrol Sergeants working twelve hour tours of duty shall be entitled to 36 hours of personal leave a year with pay

(2) Patrol Lieutenants working twelve hour tours of duty shall be entitled to 24 hours of personal leave a year with pay.

(b) Unused personal time may be carried over to the following year. However, if this carry­ over personal time is not used within the first nine (9) months of the succeeding year, it shall be lost.

(c) Personal days shall not be allowed on major holidays (Easter, Thanksgiving, Christmas, New Year's Day) or evenings prior to these major holidays, unless minimum manpower requirements are met.

(c) Personal hours shall be allowed on such major holidays provided that another full time
_{Superior Officer agrees voluntarily (not ordered) to work the tour of duty requested.}

Section ..1: Legal Expenses If an employee is a defendant in any action or legal proceeding arising out of or incidental to the performance of his/her duties, the Township shall provide said employee with the necessary means for the defense of such action or proceeding (including an attorney to provide legal services), but not for his/her defense in a disciplinary proceeding instituted against him/her by the Township or in a criminal proceeding instituted as a result of a complaint on behalf of the Township. If any such disciplinary or criminal proceeding instituted by or on complaint of the Township shall be dismissed or finally determined in favor of the employee, he/she shall be reimbursed for the expense of his/her defense. This provision deals only with the issue of legal expenses.

(a) Police Academy and Police Technical Schools. Any employee attending, with the permission of the Chief of Police, a Police Academy or any other school approved by the Chief of Police shall receive his/her regular pay during the period he/she attends such academy or school.

(I) All degrees must be obtained on or prior to December 31 of the preceding year.

(2) Degrees in the following majors are acceptable; Police Science, Political Science, Criminal Justice, Law Enforcement, Public Safety, Public Administration, Business Administration, Education Administration, Business Management, Business Science, Sociology, Psychology, Humanities, Behavioral and/or Social Science, or Liberal Arts. Four (4) years of active military service of the United States shall be the equivalent of an 'Associates Degree' for all purposes under this Article VII.

(3) For an officer to be eligible for college incentive, he/she must submit upon request of the Chief of Police; a copy of their diploma and/or an official transcript.

(I) Meals shall be paid for by the Township when approved by the Chief of Police of the
Department in connection with an assignment.

(2) During the term of this Agreement, mileage reimbursement shall adhere to the municipality's policy for use of personal vehicles at the rate of $0.35 per mile, if the Chief of Police of the Department determines such transportation is necessary and does

not provide transportation. Such mileage shall be computed from the Township's
Police Headquarters and returning to same.

(b) Terms and Conditions of Reimbursement of Expenses

(I) Schools: An employee may apply for the reimbursement of expenses in advance of attending a Police Academy or any other institution he/she is ordered or authorized by the Chief of Police to attend. If the employee does commute on a daily basis to an academy out of county, where meals are served he/she is to be paid for mileage and tolls in lieu of expenses.

(2) Other assignments: Meals and mileage expense shall also be paid to any employee while on any official assignment other than his/her normal tour of duty, including an overtime assignment, for the department when an official car is not available and when said Chief of Police determines that it is not practical for the officer to eat at home.

(c) Uniform, Clothing and Maintenance Allowance

(I) The Township shall reimburse members for their reasonable expenses for modifications and purchase of uniform items upon promotion. This shall include initial issue items (such as white shirts for lieutenants) and appropriate rank insignia for the new rank.

(2) The Township shall purchase and furnish an employee one handgun which shall be in reasonably satisfactory condition. Said gun shall be returned to the Township upon termination of employment.

(3) If an employee's clothing and/or equipment is destroyed, other than through ordinary wear and tear, in the line of duty, the Township shall replace it upon the approval of the Chief of Police. This shall include such personal items as shoes, prescription eyeglasses, prescription sunglasses, contact lenses and wristwatches. Wristwatches shall be furnished by the employee for reimbursement and the damaged wrist watch must be turned in at the time the request for reimbursement is submitted.

(4) Hardware items such as hand guns, if damaged in the line of duty, holsters and belts, handcuffs and cases, night sticks/PR-24's, safety helmets, badges, and body armor shall be purchased and supplied by the Township and replaced if the Chief of Police deems same necessary, in addition to the annual allowance for each officer.

Article VIII: Hours of Work and Overtime

( l) Each employee is entitled to unlimited schedule changes per year. Sufficient prior notice of schedule changes shall be given, in writing, to the scheduling superior officer, so that he/she can post changes. Failure to give sufficient written advance notice of schedule changes may result in disapproval of the schedule change or changes; provided, however, the Shift Commander may, in the absence of the scheduling superior officer, approve one (l) week or two (2) single day shift changes per request. Such changes shall constitute the exception rather than the rule.

(2) Shift changes will not be permitted when they will cause overtime to be paid to an employee who would not otherwise receive overtime or will cause additional expense to the Township

notification to the scheduling superior so that his/her tour(s) of duty can be adjusted to coincide with the proceeding.

MORRIS TOWNSHIP SUPERIOR OFFICER'S ASSOCIATION

SectionJ: Purpose: The procedure for adjusting grievances shall provide the employee with full opportunity for presentation of his grievance and for the participation of the Association representatives.

Section 2: Definitions. The term "grievance" shall mean an allegation that there has been:

(a) a misinterpretation and/or misapplication of any provision of this Agreement concerning wages, hours or working conditions, which is subject to the grievance procedure outlined herein including matters resulting in minor discipline of five (5) days or less suspension and shall hereinafter be referred to as a "contractual grievance;" or

(b) inequitable, improper, unjust application or misinterpretation of rules or regulations, existing policy, or orders applicable to the Township, which shall be processed up to and including the Township Committee, and shall hereinafter be referred to as a "non­ contractual grievance."

(a) Should a grievance arise between the Township and any employee as defined in Section 2 herein, such grievance shall be presented by the employee within no more than fifteen (15) calendar days from the time same arose, and settled in the manner prescribed herein.

(b) Failure to present the grievance for settlement within the fifteen (15) calendar days provided shall result in the aggrieved employee being barred from further pursuing the matter, and the matter shall be deemed withdrawn. The procedure hereby established, unless by mutual consent changed or waived in part or entirety, shall be as follows:

Step I: The appropriate Association representative (an association representative shall be a member of the Association) or designee, the aggrieved employee, and the Chief of Police of the Department or his representative may attend the presentation of a grievance and may reach a settlement of the dispute; no attorneys shall be present until step 4. If they fail to reach an agreement within ten (10) days of the receipt of the grievance, the aggrieved employee shall furnish a written statement of the grievance to the Chief of Police on a form provided by the Township for automatic referral to Step 2.

Step 2: A member or members of the Grievance Committee designated by the Association and the Police Committee and the Township Administrator shall attempt to settle the dispute within twenty (20) days of the receipt of the grievance or the dispute will automatically be referred to Step 3.

Step_:I: Should the Association disagree with the decision of the Grievance Committee, the Association may within five working days, submit the grievance to the full Township Committee for resolution in writing and signed as to the issues in dispute. The Township Committee shall render its decision within thirty (30) calendar days after submission of the grievance. If the Township Committee's decision involved a non-contractual grievance, the decision of the Township Committee shall be final and binding.

St.::: Any unresolved contractual grievance (as defined in 2(a) Definitions above) may be appealed to arbitration by the Association or the Township. The request for arbitration must be filed within fifteen (15) days after receipt of the Township Committee's decision with the New Jersey Public Employment Relations Commission. The decision of the arbitrator shall be final and binding upon both parties.

Section 4: Powers of the Arbitrator.

(a) The arbitrator shall be limited in his review to the issue or issues submitted for arbitration by the parties to this Agreement and shall be without power or authority to make any decision:

I. Contrary to, inconsistent with, or modifYing, varying, changing, altering, deleting or adding in any way, the terms of this Agreement or of applicable law or rules and regulations having the force and effect of law, including (but not by way of limitation), the Employer-Employee Relations Act, N.J.S.A. 34:13A-l, et seq.;

2. Involving Employer discretion or employer policy under the prov1S1ons of this
Agreement, under Employer by-laws, rules and regulations, or under applicable law;

3. Limiting or interfering in any way with the powers, duties and responsibilities of the Employer under its by- laws, applicable law, and rules and regulations having the force and effect of law;

4. Involving a question of negotiability or any question of unfair labor practice.

(b) The cost of the arbitrator shall be borne equally by each of the contracting parties. All other expenses shall be borne by the parties themselves.

Section_2: Computation of Time, Changes and Conditions of this Agreement.

(a) Except as specifically provided herein, whenever any act is required under this Article to be done or performed within a specified period of time, Saturdays, Sundays and holidays shall be excluded in the computation of such period.

(b) Nothing in the procedures set forth in this Article shall be deemed to abrogate, modifY or otherwise change any other part of this Agreement without the mutual consent of the parties hereto in writing.

(c) The provisions of this Agreement, requiring payment of any sum of money, are subject to approval by the Township Committee by ordinance.

Article XI: Commitment tQ Ensure Uninterrupted Township Operations

Sec!ion I: The Association acknowledges the need for continued and uninterrupted operations of the Township's departments and agencies is of paramount importance to the citizens of Morris Township and there should be no interference with such operation.

Section 2: In light of the foregoing and the fact that adequate procedures exist for the peaceful and orderly resolution of grievances arising under this Agreement, the Association covenants and agrees that during the term of this Agreement neither it nor any person acting in its behalf will cause, authorize or support, nor will any of its members take part in, any strike (including the concerted failure of two or more employees to report for duty), mass resignation, mass absenteeism, work stoppage, slowdown, walkout or the invocation of sanctions against the Township The Association agrees that such action would constitute a material breach of this Agreement.

In the event of a strike, mass resignation, mass absenteeism, work stoppage, slowdown, walkout, or the invocation of sanctions, it is agreed that participation in any such activity by any Association member shall entitle the Township to invoke any of the following:

A. Withdrawal of Association recognition;

B. Withdrawal of dues deduction privileges (if previously granted);

C. Such activity shall be deemed grounds for termination of employment of such employee or employees subject, however, to law.

Section 3: Nothing contained in this Agreement shall be construed to limit or restrict the Township in its right to seek and obtain such judicial relief as it may be entitled to have in law or in equity in the event of such breach by the Association or its members.

Arti.!!le XII: Maintenance of Certain Benefjt

Article XV: Association Business L_eave

Section I: Contract Negotiations. The members of the Association negotiating committee, not to exceed four (4) in number, shall after adequate notice to the Chief of Police, be granted time off from duty and shall suffer no loss of pay for attendance at all meetings, when such meetings take place at a time during which such members are scheduled to be on duty, between the Township and the Association for the purpose of negotiation of the terms and conditions of an Agreement.

Sec_tioll ]_: Grievance Proceedings. One elected representative of the Association will be permitted to attend grievance meetings (proceedings), if his/her presence is deemed necessary by either party to the grievance proceeding. The elected representative attending such grievance meetings (proceedings) shall receive full pay for no more than an aggregate of six (6) work days of attendance at such proceedings during the terms of the Agreement. The Chief of Police shall be afforded adequate notice in advance of the attendance of the elected representative at the proceedings and the date(s) of attendance.

Section 3: NJ Policemen's Benevolent Association Meetings. The Association President or Superior Officers' Association representative, shall be granted time off from duty, and shall suffer no loss of pay to attend the annual convention and mini-convention of the NJ Policemen's Benevolent Association convened pursuant to N.J.S.A. 40A:17-177. The Association shall notifY the Chief of Police at least sixty (60) days prior to the annual convention and mini-convention concerning the dates of such conventions.

Section 4: Membership Meetings: The Association President or Superior Otlicer's Association representative after adequate advance notice to the Chief of Police, be granted time otT from duty and shall suffer no loss of pay for attendance at all meetings of the membership of PBA 133 and 133A, when such meetings take place at a time during which such members are scheduled to be on-duty, so long as the time off from duty presents no hardship, to include overtime, on the department. The term "meetings", as used in this section, includes both regular monthly meetings and any special meetings.

Section : Approval of the Chief of Police: The time off from duty provided tor in this article shall in all instances be subject to the approval of the Chief of Police which shall not be reasonably withheld.

MORRIS TOWNSHIP SUPERIOR OFFICER'S ASSOCIATION

Article XVI: Physical Examinations

MORRIS TOWNSHIP SUPERIOR OFFICER'S ASSOCIATION

MORRIS TOWNSHIP SUPERIOR OFFICER'S ASSOCIATION

MORRIS TOWNSHIP SUPERIOR OFFICER'S ASSOCIATION

^{YEAR I $101,764 $103,799 $105,875} $107,993

MORRIS TOWNSHIP SUPERIOR OFFICER'S ASSOCIATION

I. Introduction.

This document sets forth the procedure to be used to determine the amount of the representation fee that will be assessed to all non-members of Morris Township Superior Officers' Association Local No. 133A ("PBA Local No. 133A"). This procedure is designed to comply with the requirements of New Jersey and Federal law as those requirements have been explicated in recent court decisions and the rules of the New Jersey Public Employment Relations Commission Appeals Board. It will be reviewed periodically and revised as may be necessary to reflect legal developments in this area.

II. Purpose of Fe .

All eligible non-member employees in the bargaining unit represented by PBA Local No. 133A are required to pay to PBA Local No. l33A a representation fee in lieu of dues ("representation fee") for services rendered by PBA Local No. 133A. Nothing herein shall be deemed to require any employee to become a member ofPBA Local No. l33A.

III. Fisc_al and Dues Year Designation.

The Fiscal Year is January I through December 31.

IV. Annual Notice to Non-J\1embers.

Prior to deducting the representation fee from payroll, PBA Local No. l33A must provide all persons subject to the fee with an adequate explanation of the basis of the fee, which shall include:

A. A statement, verified by an independent auditor or by some other suitable method of PBA Local No. 133A's expenditures for its most recently completed Fiscal Year. The statement must set forth the major categories of expenditures and identify expenditures of PBA Local No. !33A which are 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 benefits only available to non-members ofPBA Local No. 133A.

B. A copy of the demand and return system, including instructions to persons paying the representation fee as to how to request review of the amount assessed as a representation fee.

C. The name and address of the financial institution where PBA Local No. 133A
maintains an account to escrow portions of representation fees reasonably in dispute. The prevailing interest rate of the account will be disclosed as well.

D. The amount of the annual representation fee or an explanation of the formula by which the representation fee is set, and the schedule by which the fee will be deducted from pay.

V. Amountof Fee.

Prior to the beginning of each year, PBA Local No. 133A will notit)r the Township, in writing, of the amount of regular membership dues, initiation fees and assessments charged by PBA Local No. 133A to its own members for that agreement year, and the amount of the representation fee for that agreement year. Any year shall be made in accordance with the following procedure. The president of PBA Local No. 133A shall certit)r to the Township the amount of dues and shall notit)r the Township of any change in the amount of dues to be deducted thirty (30) days prior to the intended effective date of such change.

The representation fee shall be in an amount equivalent to the regular membership dues, initiation fees and assessments charged by PBA Local No. 133A 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 fees exceed 85% of the regular membership dues, fees and assessments.

VI. Deduction and Transmission of Fee.

A. Once during each agreement year, PBA Local No. 133A will submit to the Township a Jist of those employees who have not become members of PBA Local No. 133A. After verification by the Township that these employees must pay the representation fee, the Township will deduct the fee in accordance with this article.

PBA Local No. 133A may collect the representation fee through payroll deductions provided that membership in PBA Local No. 133A is available to all employees on an equal basis. PBA Local No. 133A will notit)r the Township, in writing, of any changes in the list of non-members provided and such changes will be reflected in any deductions made more than ten (I0) days after the Township receives said notice.

B. The mechanics and schedule of deducting the representation fee will, as nearly as possible, correspond to the deduction and transmission of regular membership dues to PBA Local No. 133A.

C. In no event will the representation fee be deducted from a new employee before thirty (30) days from the beginning date of employment in a position in this unit.

The deduction of the representation fee shall be available only ifPBA Local No. 133A

If the amount returned is equal to or less than the amount held in escrow, then the actual interest earned will be paid to the non-member. If the amount returned is greater, then the non-member will receive interest payable at the judgment rate (Rule 4:42-11) for the entire amount of the rebate.

PBA Local No. 133A will place in escrow (in a local bank), an amount reasonably representative of the dispute. PBA Local No. 133A shall submit a copy of the Demand and Return System to the Township.

Negotiations for a successor agreement shall be in accordance with the rules of the

H. Scott Rosenbush, Mayor