PASSED ON: March 5, 2010

Teresa S. Sgro, RMC Assistant Municipal Clerk

TABLE OF CONTENTS

ARTICLE I- RECOGNITION

STEP 1: }\zuco)bcr with a grievance shall first discuss it with his immediate supervisor, either directly or through AFSCME's designated representative, for the purpose of resolving the matter informally.

STEP 2: If the aggrieved party is not satisfied with the disposition of his grievance at Step 1, or if no decision has been rendered within (5) working days after presentation of this grievance at Step 1, he may file awzittmz grievance with the Chief of Police or, in his absence, urepresentative designated by him. A meeting on the written grievance shall be held within five (5) working days of the filing of the written grievance, between the Chief o f Police or his designated representative and the aggrieved party. A decision thereon shall be rendered in writing by the Chief of Police within five (5) working days after the holding of such meeting. The grievance shall be filed within fifteen (15) working days of the aggrieved party Step 1 complaint.

STEP 3: If the aggrieved party is not satisfied with the disposition of his grievance at Step 2, or if no written decision has been rendered within five (5) working days after the presentation of that grievance at Step 2, the matter may be referred by AFSCME, by its designated representative, to the Board of Commissioners. A meeting on the grievance shall be held within a reasonable time between AFSCME and the Board of Commissioners at which meeting the parties may be represented. Said meeting shall not be held publicly unless the parties so agree in writing. The Board of Commissioners shall render a final written decision within fifteen (15) days of the date of the meeting. The grievance shall be filed within twenty (20) working days of the filing of the Step 2 grievance.
STEP? In the event that the aggrieved person is not satisfied with the decision of the Board of Commissioners the aggrieved person nrAFSCME,ifAF8[ME on his half deter-mines that the grievance is meritorious, has fifteen (15) calendar days in which to request arbitration.

1. The Arbitrator shall be selected in accordance with the rules and regulations of the Public Employment Relations Commission (P.E.R.C.)

A. The Arbitrator's decision shall be in writing and shall be issued no later than
forty-five (45) calendar days after the close of the Arbitration Hearing. The
decision shall set forth the Arbitrator's finding of fact, reasons and conclusions on
the issue or issues submitted, or as required by law.

A. The costs of the services of the Arbitrator shall be borne by the losing party. All other expenses incidental to and arising out of the Arbitration shall be paid by the party incurring same.
B. The decision of the Arbitrator shall be binding on all parties.
1. A grievance affecting a group of employees under Article I may be submitted by the union on behalf of said names group at Step 3 of the grievance procedure.

Section 2:

1. Collective Rights- The Township hereby agrees that every employee of the Township shall have the right freely to organize, join and support AFSCME.
2. Just Cause Provision- No member shall be discharged, disciplined, reprimanded, reduced in rank or compensation, or deprived of any professional advantage, or given an adverse evaluation of his
   professional service without just cause.
3. Required Meetings or Hearings- Whenever any member is required to appear before the Township governing body concerning any matter which could adversely affect the continuation of that member in his office, position or employment or the salary or any increments pertaining thereto, then he shall be given prior written notice of the reasons for such meeting or interview and shall be entitled to have orepresentative of AFSCME present to advise him and represent him during such meeting or interview should lie so desire.
4. Criticism of Employees- Any questions or criticism prior to filing written charges, by a Supervisor, Administrator, Township Commissioner, or any person, of an employee or his/her methodology shall be made in confidence and not in the presence of other Township employees, or public gatherings of the town. All complaints shall be brought promptly to the attention of the employee as so as to allow the employee the opportunity to respond to the complaint.

Dispatchers assigned to the steady 3:00 PM to 11:00 PM shift shall be entitles to a three (3%) percent shift differential and Dispatchers assigned to the 11:00 PM to 7:00 AM shift shall be entitled to ufive (5%) percent shift differential. Dispatcher assigned to 12:00 PM to 8:00 PM will receive (2%) shift differential, shift differential from 8:00 PM to 4:00 AM shall be (4%). Rotating shift differential shall he (2%). Dispatcher working 4 AM to 12:00 PM will receive (2%). This shift differential shall be paid in the form of a lump sum check to be issued no later than December 15th for the calendar year 2000. Begin 20Alohiffdifferential will be added to the employees base rate of pay. The shift differential record shall be validated by the Chief of Police.

Longevity pay shall be applied

An Agency shop provision, pursuant to the New Jersey Statutes, requiring the eighty­five (85%) percent dues assessment, shall be made part of this Agreement. The union shall hold harmless the Municipality from any and all claims arising out of this Article. The monies deducted shall be sent to AFSCME in the same manner as union dues.

college o*duty *dwill fund both
The Township shall allow the employees to attend

Upon graduation and the awarding of a degree, the college incentive program compensation shall continue to be paid to the Township until the Township is completely

reimbursed for the expense of the employee's education. This procedure shall only apply to those officers pursuing a degree in law enforcement and other related curriculum.

1. During the first year of service, one day for each month of complete services.
2. After one year, fifteen days
3. After three years, sixteen days
4. After six years, seventeen days
5. After nine years, eighteen days
6. After twelve years, nineteen days
7. After fifteen years, twenty days
8. After eighteen years, twenty-two days
   After twenty years, twenty-four days
   The annual vacation allowance for all employees shall be determined as of January 1" of any year. Permanent part-time employees shall receive vacation credit allowance on a proportionate basis.
9. Employees who wish may carry their earned vacation from the year before into the

1. Peak Time Scheduling: It is recognized that the summer months of employment are
   the peak work time of the Township. During this period of time, vacations shall be
   scheduled with the approval of the Chief and employee's immediate supervisor in such
   a fashion so that the Department shall have sufficient employees available to perform

   its functions.

1. Sick leave shall accumulate at the rate of one and one-quarter (1%) days per month in the first year of service, commencing on the first month or major portion thereof from the date of hire. It is assumed the employee shall remain in the service of the Township for the remainder of the calendar year and the total number of sick days, pro-rated, shall be credited to the employee. If separation occurs before the end of the year and more sick leave has been taken than appropriated on a pro-rated basis, the per diemrate of pay for the excess days shall be deducted from the final pay. Sick leave shall accumulate from year to year with an additional fifteen (15) days credited to the employee at the beginning of each successive calendar year. Days lost due to injury or illness arising out of or caused by the Township employment for which the employee has a claim for workmen's compensation shall not be charged to sick leave.
2. Upon retirement, employees shall be paid for sixty percent (60%) of all unused sick leave which they have accumulated. The maximum amount paid for unused sick leave shall be paid within sixty , (60₎ (60\ days of retirement. The maximum amount paid for unused sick leave shall be Fifteen Thousand Dollars ($15,000.00).
3. Alternatively, uretiree may opt to take terminal leave in lieu of the payment in Section B. If so, he/she may take time equal to sixty percent (60%) of unused sick days, but in no event shall exceed five (5) calendar months. Upon retirement, Dispatchers and Secretaries shall be paid for sixty percent (00%) of all unused sick leave which they may have accumulated. Upon retirement, Dispatchers and Secretaries shall be paid equivalent of five (5) months' pay, if sufficient unused sick leave shall have been accumulated, at the time of retirement, rounded up to the next $100.00. Unused sick leave pay as herein provided shall be paid within sixty (60) days of retirement. Compensation during this time shall be a regular base pay, including any holiday pay and longevity.
4. Any employee eligible to retire in a calendar year shall notify the Township in writing through the Chief of Police no later than January 15^th of that year, but in no event less than thirty (30) days prior to the planned retirement date or eligibility date of the following:
   
   1. Intent to retire or not

1. Work loss due to injury or illness possibly arising out of the course of employment shall not be chargeable to sick leave until and unless the employee^'s worker^'s compensation claim is denied.
2. If a member is disabled in the performance of his duty, he shall receive full pay until he returns to duty or until he is retired or placed on a permanent disability status.
3. Maternity Leave: Female employees shall be entitled to utilize sick leave and/or disability leave provided by this Agreement or law in connection with any illness, injury or disability arising from pregnancy, including the period of disability following the birth of a child. At aVoioizuozn_` the employee shall be entitled to utilize disability leave for the period often (10) weeks prior to the due date of the birth of a child, and for six (6) weeks following the birth of the child. Such disability leave shall not be available to an employee for the normal care of an infant; though sick leave as provided in Paragraph A will be available for illness of the infant. Sick leave shall also be available to male or female employees for the care of family members, resulting from the pregnancy, including the birth of a child in the same manner as such sick leave would be available to an officer for any other family member. A female employee shall notify the Chief of Police in writing as soon as she receives uoofizzuutiooof her pregnancy frnnladoctor. The employee shall be permitted to work, so long as such work is permitted by her doctor. The Department shall have the right to request a note confirming the doctor^'s opinion that the employee is able to continue to perform her duties. The notes from a doctor shall be a physician of the employee^'s own choosing. However, the Township reserves the right to have the Township physician consult with the employee^'s physician for the purpose of determining whether the employee shall be approved for duty. The information obtained from such a consultation shall be shared with the Chief of Police and the Township in a manner limited to providing only that information necessary to advise the Township of the employee^'s availability for duty and the nature of that duty.

H. All discretionary or permissive language contained within the Family Medical Leave Act ("FMLA") the New Jersey Family Leave Act ("NJFLA") and regulations promulgated pursuant to either statute shall be a management prerogative provided, however, that if the PBA negotiates a more favorable FMLA/NJFLA provision AFSCME members shall receive same treatment going forward.

The following list of days shall constitute the paid holiday schedule for the turn of this Agreement:

1.	New Years Day	8. Independence Day
2.	Martin Luther King Day	9. Labor Day
3.	Lincoln's Birthday	10. Columbus Day
4.	Washington's Birthday	11. Veteran's Day
5.	Good Friday	12. Election Day
6.	Easter Sunday	13. Thanksgiving Day
7.	Memorial Day	14. Christmas Day

Holiday pay shall be at time and one half rate.

The Township and the Union agree to recognize as holidays such additional days as shall be designated for all employees of the Township of Long Beach as set forth in the appropriate Ordinance or Resolution adopted by the Township for such purpose.

Employees of the Police Department shall receive time off (compensatory time) in a manner commensurate with other Township employees for regular working days wherein the Township offices closed for other Township employees.

Holiday pay will be included in the employee's base rate of pay beginning the year 2001.

Any member who works the Friday following Thanksgiving, shall receive four hours compensatory time. Said compensatory time must be utilized between the Saturday following the Friday after the Thanksgiving in which it was earned, and the Wednesday prior to the next calendar Thanksgiving. (EXAMPLE) an employee who works on the Friday after Thanksgiving 2007, shall receive four hours compensatory time, which must be used between

that Saturday after Thanksgiving 2007 and the Wednesday immediately prior to Thanksgiving 2008.

1. An Employee whose spouse or child dies is to be given an additional fifteen (15) days bereavement leave before he must repot back to duty, which time shall not be deducted from his vacation, sick or personal days.
2. In the event of the death of a member of an employee^'s family while said employee is on vacation or holiday leave, said employee shall be entitled to funeral leave as it is authorized by this Agreement and such leave shall not reduce an omployen^/a vacation rights granted by this Agreement. The employee in

mutual agreement with the Chief of Police in such cases shall be required to reschedule his unused vacation time in the same calendar year.

ARTICLE XIV -- ESTATE BENEFIT

B. The Township agrees to be responsible for the cost of all burial expenses for an employee who is killed while on duty to a maximum of $10,000.00.

ARTICLE XV - UNIFORMS
The present uniform supply policy of the Township shall be as follows:

1. Uniforms shall be cleaned at the expense of the Township-by delivery to dry cleaning establishments designated by the Department.
2. Each secretary and dispatcher upon date of hire shall receive the following uniform allotment:
   Three (3) Class I long sleeve shirts, Three (3) Class I short sleeve shirts, Three (3) pants, One (1) long sleeve sweater, Two (2) long sleeve turtle neck shirts, One (1) belt, One (I) pair of shoes, One(l) on-duty badge, Two (2) name tags, Three (3) ties.

The Township recognizes that police employees, as a result of the nature of their duties, are subject to physical and emotional demands which frequently cause medical problems. Accordingly, heart attacks, strokes, coronary problems and nervous disorders are considered job related injuries for the purpose of worker^'s compensation claims and other medical benefits.

The following prescription co-pays shall apply for employees: $5.00 for generic prescriptions, $10.00 foIoazoe brand prescriptions and $15.00 for mail-in prescriptions. Effective January 1, 2010, employees shall contribute .5% their salary to the costs of premiums for medical insurance and benefits which shall be made through bi-weekly payroll deductions. Any employee covered by the bargaining agreement shall receive medical insurance and benefits upon retirement after twenty five years of service with Long Beach Township.

All increases in co pays or contributions required by the New Jersey State Health Benefits Plan, of which the Township of Long Beach is omember and the AFSOME has agreed to said membership, shall become effective and incorporated into this agreement upon the effective date of the enabling regulation, statute or other rule of the State Health Benefits Plan or the State of New Jersey.

1. Effective January 1, 2010 the starting rate of pay for a Public Safety
   TelocozuozuniontnzTraiotc shall be $24,30100, and said amount shall
   remain constant throughout the term of this contract.
   1. Salary increases- All members covered by this Collective Bargaining Agreement who are employed by the Township at the time listed below shall ruoeivoa salary increase as follows: 20!0⁼3% increase
   Matron Duties- It is agreed by and between the parties that any member of the Bargaining Unit who agrees to take on and perform the duties associated with the "Matron" position shall receive an adjustment in the year 2010 of $.25 per hour in addition to the 3% salary increase set forth above. It is expressly agreed and understood that once an employee agrees to take on the matron duties/responsibilities and receives the said additional compensation per hour in the year 2010, said employee must continue to perform the matron duties, and at any time said employee refuses to perform matron duties/responsibilities, his/her salary during the time at which he/she refuses to perform said duties will be recalculated based solely upon having received a 3% increase in the year 2010. BY WAY OF EXAMPLE, based on their 2009 salary the method n[a 3% increase will be used for 2010 as though they had never agreed to perform matron duties/responsibilities. Further, it is expressly understood and agreed between the parties that any such member of AFSCME who wishes to take on the matron duties/responsibilities and receive the $.25 per hour adjustment in the 2010 salary must notify the Chief of Police and/or his designee within ten days from the execution of this

Agreement. It is further agreed between the parties that the Township will provide the appropriate and necessary training and qualification requirements in order for any person governed by the Collective Bargaining Agreement who wishes to receive the $.25 per hour adjustment and perform the duties/responsibilities of a matron. Moreover, any employee who takes on the matron duties/responsibilities as set forth herein, shall be required and responsible to perform those duties at all times in accordance with all applicable rules, regulations and orders of the department and any other applicable state agency, and shall be responsible to perform in accordance therewith.

ARTICLE XXI - FULLY BARGAINED AGREEMENT

1. This Agreement represents and incorporates the complete and final understanding and settlement by the parties of all bargainable issues which were or could have been subject to negotiations.
2. The parties acknowledge that during the negotiations that resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any matter or subject not removed by law from the area of collective bargaining and that the understandings and agreements arrived at by the parties after the exercise of that right and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement.
3. The Township and the Union, for the life of this Agreements, each voluntarily and unqualifiedly waive all bargaining rights, and each agrees that the other shall not be obligated to bargain or negotiate with respect to any subject or matter referred to or covered in this Agreement, or with respect to any matter or subject not specifically referred or covered in this Agreement, even though each subject or matter may not have been within knowledge or contemplation of wither or both parties at the time they negotiated or signed this Agreement.
4. This Agreement maybe modified in whole or in part by the parties by an instrument, in writing only, executed by both parties.
5. It is the intent of the parties that the provisions of this Agreement will supersede all prior agreements and understandings, oral and written, expressed or implied, between the parties and shall govern their entire relationship and shall be the sole source of any

ARTICLE XXII - TERMINATION AND EXTENSION

1. Negotiations for usuccessor Agreement shall commence in accordance with N.J.A.C. 19:12-2.1. This Agreement will remain in fall force and effect during the period of such negotiations.

This Agreement shall be effective retroactive to January 1, 2010 and shall continue in full force and effective until December 31, 2010.

IN WITNESS WHEREOF, the parties have hereunto affixed their hand and seals. ATTEST:

FOR THE TOWNSHIP OF FOR AFSCME, AFL-CIO COUNCIL 71
LONG BEACH: LOCAL NO. 3304-1

Marge howardell
AFSCME Representative, Local 33041Searchable Contract Text Unavailable - See Printer Friendly Version