PREAMBLE
RECOGNITION
NON-DISCRIMINATION
NEGOTIATION OF SUCCESSOR AGREEMENT GRIEVANCE PROCEDURES
JUST CAUSE CLAUSE
EMPLOYEE RIGHTS AND PRIVILEGES PERSONNEL FILES UNION RIGHTS
DUES CHECKOFF STEWARDS
BULLETIN BOARD HEALTH AND SAFETY WORK-YEAR; WORK-WEEK
WORK SCHEDULE HOLIDAY PAY
VACATION SCHEDULE LEAVES OF ABSENCE LONGEVITY
UNIFORMS
SALARY
HEALTH BENEFITS MILEAGE
JOB CLASSIFICATION MISCELLANEOUS PROVISIONS
INCENTIVE PAY DURATION

•

The Borough hereby recognizes the Communication Workers of America-Local

1088 as the exclusive and sole representative for collective negotiation concerning grievances and terms and conditions of 'employment for all full-time public works personnel whether under the contract, on leave, or employed by the Borough but
excluding: The Public Works Supervisor.

A. DEFINITION OF EMPLOYEE

Unless otherwise indicated, the term "Employee" when used hereinafter in this

Agreement shall refer to all employees represented by the C.W.A. in the negotiation unit as above defined. Part-time employees (those who work less than 35 hours per

week) are not covered under this agreement.

ARTICLE II

NON-DISCRIMINATION

A. The Borough and the Union agree that there shall be no discrimination against any employee because of race, creed, color, national origin, or political affiliation.
B. The Borough and the Union agree that all employees covered under this Agreement have the right without fear of penalty or reprisal, to form, join and assist any employee Organization or to refrain from any such activity. There shall be no discrimination by the Borough or the Union against any employee because of the employee's membership or non-membership or activity or non-activity in the Union.

Consistent with Chapter 183, P.L. of N.J. 1975, the Borough shall not effect any

changes in policy concerning terms and conditions of employment except those

negotiated and included as part of the Agreement and contained herein.

A. Not later than October 15, 2012, the Borough agrees to initiate negotiations

with the Communication Workers of America over a successor Agreement in

Any Agreement so negotiated by the Communication Workers of America shall

apply to all members of the negotiation unit and shall be reduced to writing and

signed by all the parties.

A. Negotiations shall commence with a meeting at a mutually satisfactory place

within 15 days after receipt of a proposal, unless the Borough and the Union

mutually agree to an extension of time. During negotiations, the Borough and the

request of information within its possession which is not privileged under law and

which is relevant to the subject under discussion. Either party may, if it so desires,

utilize the services of outside consultants and may call upon professional lay

representatives to assist in the negotiations.

A. Whenever members of the bargaining unit are to participate, during working hours, in conferences, meetings or in negotiations mutually scheduled by the parties hereto respecting the Collective Bargaining Agreement, they will suffer no loss in pay. In all instances the practice of employee coverage during negotiations shall be followed based upon the availability of employee personnel.
B. MODIFICATION
This agreement shall not be modified in whole or in part by the parties except by an instrument in writing duly executed by both parties. Except as this Agreement shall hereinafter otherwise provide, all terms and conditions of employment applicable on the effective date of this Agreement to employees covered by this Agreement as
established by the rules, regulations and policies of the Borough in force on said date, shall continue to be so applicable during the term of this Agreement. Unless otherwise provided in the Agreement, nothing contained herein shall be interpreted and or applied so as to eliminate, reduce or otherwise detract from an employee benefit or Borough policy existing prior to its effective date.

1. Grievance

"Grievance" is a claim by an employee or the CWA based upon the interpretation, application or violation of this Agreement, policies or administrative decisions affecting an employee or group of employees.
1. Aggrieved person

An "Aggrieved Person" is the person or persons or the CWA making the claim.
B. PURPOSE
The purpose of these procedures are to secure, at the lowest possible level, equitable solutions to the problems which may from time to time arise affecting employees. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of these procedures.
C. PROCEDURES

1. Time Limits
The number of days indicated at each level should be considered as a maximum and every effort should be made to expedite the process. The time limits specified may, however, be extended by mutual agreement. Thirty days from the date of occurrence or the Union's knowledge of the occurrence shall be the time limit to institute a grievance.

1. Level One

A member with a grievance shall first discuss it with his/her immediate

1. Level Two-Borough

If the aggrieved person is not satisfied with the disposition of his/her

grievance at Level One, or if no decision has been rendered within ten (10)

1. Level Three-Arbitration

(A) If the aggrieved person is not satisfied by the disposition of his/her

Any aggrieved person may be represented at all stages of the grievance procedure by himself/herself, or, at his/her option, by a representative(s) selected or approved by the Union, except as contractually set forth herein.

2. Reprisals
No reprisal of any kind shall be taken by the Borough or by a member of the Administration against any party in interest, any representative, or member of the Union, or any other participant in the grievance procedure by reason of such participation.

E. MISCELLANEOUS

1. Group Grievance
If in the judgment of the Union a grievance affects a group or class of employees, the Union may submit such grievance in writing to the Borough directly and the processing of such grievance shall be commenced at Level Two. The Union may process such a grievance through all levels of the grievance procedure though the aggrieved person does not wish to do so.

ARTICLE V

JUST CAUSE CLAUSE

A. Any authorization may be withdrawn by January 1^st or July 1^st of each

A. Agency Shop--it is understood that non-union employees will have 85% of

said dues automatically deducted from their pay.

notify the Borough of any changes within five (5) days of the actual change.

A. The authority of the steward or alternate, so designated by the Union, shall

be limited to, and shall not exceed the following duties and activities:

1. The investigation and presentation of grievances in accord with the

provisions of this Agreement. If both parties agree that it is necessary for the

steward to perform any such duties during his/her working time, the steward shall

investigation and for conferring with the Borough's representative.

(4) hours worked.

A. A lunch period of thirty (30) minutes without pay will be given no later than

five (5) hours after the start of the workday.

scheduled shift shall be paid a minimum of time and one-half except Sundays and Holidays, which shall be at double time.
1. Overtime shall be paid at the rate of time and one-half the employee's

regular hourly rate of pay for all time worked in excess of forty (40) hours in any work-week. For the purpose of determining the overtime, the following

shall count as regular work hours:

a. Holidays

b. Paid sick hours

c. Paid vacation hours

d. Other approved paid leaves.
1. Overtime shall first be offered to the regular members of the department by order of seniority on a rotation schedule. Overtime requiring specific qualifications shall take preference over equalization.
2. Employees shall be granted a ten (10) minute clean up period prior to the end of the shift.
3. All employees are required to work a reasonable amount of necessary overtime.
4. Any employee may be held over, at the Supervisor's discretion, for up to two (2) hours on any given workday to complete a task assigned for that day. Work in excess of the scheduled hours is subject to overtime pay.
5. Any employee called at home to return to work outside his/her normally scheduled work period will receive a minimum of two (2) hours pay.
C. Required training to meet Borough needs, which cannot be scheduled

during normal time, will be compensated at straight time.

-21-

ARTICLE XV HOLIDAY PAY
A. The following shall be considered paid holidays and compensation shall be the rate of eight (8) hours straight time payable in the pay period in which it falls.
B. In the event that a member is scheduled to work on any of the below listed days, then he/she shall be compensated at the rate of double time his/her hourly rate for the time worked.
C. The following shall be recognized as holidays:
New Year's Day Columbus Day

Martin Luther King Day Election Day

President's Day Veteran's Day

Good Friday Memorial Day

-23-

1. In the event of death in the immediate family, an employee will be excused from the day of death through the day after the burial
without charge to leave or loss of pay upon reasonable proof. Immediate family is defined as father, mother, spouse, child, foster

an employee will be excused on the day of burial, without charge to leave or loss of pay.

C. Sick Leave

1. Sick time is granted on a prorated basis of eight (8) days per year credited as of January 1, but not fully earned until December 31 of the same year. Sick time may not be accumulated while on extended sick leave. Sick time may not be taken and paid for without a doctor's certificate for the day prior to or the day after a regular paid holiday. Accumulated sick time, up to and including eighty (80) days, shall be compensated, upon retirement, at the rate of 50 % of the accumulated days.D. Absence from Duty

The following regulations shall govern absence from duty:

1. An employee of the Borough may be absent from duty on account of personal sickness or disability.
2. No employee shall receive any part of his/her compensation while absent from duty except as stated herein.
3. When sick or disabled, after the effective date of this regulation, an employee may be granted sick leave with pay up to the extent of his/her accumulated sick time. Any employee absent from duty for more than the maximum time accumulated shall not be paid for any further sick time and will be given the right of reinstatement if, at the expiration of one (1) years leave of absence without pay, he/she recovers sufficiently to be returned to his/her position. A determination of sufficient recovery is to be determined by a physician appointed by the Borough Council and his/her report shall be deemed a final decision.

1. An employee isolated or quarantined because of exposure to a communicable disease shall be considered absent because of sickness and granted sick leave with pay during such isolation or quarantine up to the amount of accumulated 'unused sick time.
2. The Borough council may -require a physician's statement for an absence of more than one (1) day. If the illness or disability is of long duration, a physician's statement may be required for each thirty (30) days of continuous absence. In any case, the Borough Council may request a report from its own physician instead of the employee's for determining whether or not continued absence is necessary. This report will be deemed final.
3. The Borough Council may require a medical examination for any employee at any time by a designated physician. If the results of this exam determines that an employee is sick or disabled, it will subject the employee to all the provisions regarding sickness and disability.
4. An employee who does not utilize any of this allocated sick leave in any given year will receive one (1) additional personal day to be utilized the following year.
E. Jury Duty

Any employee of the Borough of Fine Beach called for jury duty will be allowed to perform that service without losing time or salary from his/her

F. Military Leave

1. An employee who is a member of the National Guard, Naval Militia or of the reserve component of any of the Armed Forces of the United

period as provided by regulation.

1. Such leave shall be in addition to regular vacation leave, provided the

G. Injury Leave

1. Any employee injured in the performance of his/her work will receive

1. An employee who is injured during the performance of his/her duties, shall be entitled to injury leave with full pay for a period of not more

2. Hard helmets

3. Safety vest

4. Rain gear

5. Safety shoes or boots

6. Rain boots

Each employee shall receive an allowance of $250.00 per year to be utilized for the purchase of above required footwear, which must meet PEOSHA standards. This amount shall be payable annually on the 30^th of April.

ARTICLE XX

SALARY

All employees covered by this agreement shall receive raises as follows:

January 1, 2013 3.5%

January 1, 2014 3.0%

January 1, 2015 3.0%

January 1, 2016 2.0%

A. Sewer Plant Operator

B. Senior Public Works

C. Public Works Employee Entry Level

D. Public Worker - Specialized

A. The Borough shall provide to the employee and eligible dependents,

BlueCross/Blue Shield, Rider J and Major Medical coverage at the present series

in effect, with premiums being paid by the Borough. Employees shall contribute to

the medical insurance as set forth by the State’s guidelines (Appendix A)which are

attached hereto and made a part hereof. It is under stood that current state law

regarding appendix A. sunsets in year 2015, prior to reaching maximum

contribution levels. For the year 2016 and until and unless other terms are

negotiated the health benefits contribution shall remain at the levels set in the

year 2015. This amount may not be changed without negotiation.

The Borough with notice to the employees, may substitute different coverage which is equivalent to the existing plan, but any change must be approved by the employees.

A. DENTAL PLAN

The Borough shall provide a dental coverage plan. The Borough may, with notice to the employees, substitute different coverage which is equivalent to the existing plan, but any change must be approved by the employees. This plan may not be changed without negotiation. The contributory costs shall be commensurate with State guidelines obligations, if any.

The following three tables are used to determine the percent of the health benefit cost an employee contributes towards during the phase-in period and the full payment requirement . The tables cover single, employee “plus” (children, spouse, or partner), and family coverage.

Use the table that reflects the type of coverage chosen by the employee; then find the employee’s base salary within the given ranges. The percent of cost of the health care benefit is the percentage based on the implementation year.

Regardless, the employee’s contribution is the higher of 1.5% of base salary or the amount of health care costs based on the table calculation.

A. DISABILITY PLAN

The Borough agrees to provide a disability plan (State Disability or its

equivalent) to all employees, with the cost of the plan to be split 50/50

between the Borough and the employee. This plan may not be changed

without negotiation.

A. All employees who have approval to use personal vehicles for Borough business shall be reimbursed at the rate of twenty-five (25) cents per mile. Employees who are on call out time will be paid their mileage to and from home.
B. All employees will report their mileage on the appropriate form and will use the appropriate voucher as prepared by the Borough.
C. Mileage on the odometer will be checked by the supervisor before an employee leaves and upon his/her return.

ARTICLE XXIV
MISCELLANEOUS PROVISIONS
A. Any individual contract between the Borough and any individual employee heretofore or hereafter executed shall be subject to and consistent with the terms and conditions of this Agreement.
B. All benefits and practices in existence at the time of this Agreement shall continue to be in effect for the duration except specifically changed by this contract.
C. In the event any provision of this Agreement is ruled upon by any court of competent jurisdiction or any public agency vested with the jurisdiction to rule upon same, and found to be illegal, then said provision shall be discontinued, and all other provisions of this Agreement shall remain in full force and effect.

A. Commencing January 1, 1994, if any employee covered by this contract

believes there is a license, which the employee must have in order to perform

his/her job requirements for the Borough, the employee shall advise the

Borough Administrator of the same. If the Borough concurs that the

additional license is required, it shall approve payment for any required

training course and the initial license fee. Upon presentation of the proof

that the license has been obtained, the Borough agrees to pay any affected

employee covered by this Agreement a one time lump sum payment of two

hundred fifty dollars ($250.00).

effect until December 31, 2016 subject to the Union's right to negotiate over a

successor Agreement.

In witness thereof, the parties have caused the Agreement to be signed by
their representatives.

Charlene A. Carney, Municipal Clerk