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AGREEMENT
BETWEEN
TOWNSHIP OF MARLBORO
MONMOUTH COUNTY, NEW JERSEY
AND
MARLBORO PUBLIC WORKS SUPERVISORS’ ASSOCIATION
________________________________________________________________________
JANUARY 1, 2004 through DECEMBER 31, 2007
________________________________________________________________________
{00216983.DOC} iiTABLE OF CONTENTS
PREAMBLE 1
ARTICLE I
RECOGNITION 2
ARTICLE II
MANAGEMENT RIGHTS 3
ARTICLE III
NON-DISCRIMINATION 5
ARTICLE IV
NO-STRIKE PLEDGE 6
ARTICLE V
GRIEVANCE PROCEDURE 7
ARTICLE VI
BULLETIN BOARD 10
ARTICLE VII
JOB POSTINGS ANNOUNCEMENTS AND FILLING OF VACANCIES 11
ARTICLE VIII
HOURS, OVERTIME & EMERGENCIES 12
ARTICLE IX
SALARIES 15
ARTICLE X
LONGEVITY 17
ARTICLE XI
HOLIDAYS 18
ARTICLE XII
HEALTH AND LIFE INSURANCE 19
ARTICLE XIII
VACATION 22
ARTICLE XIV
PERSONAL DAYS 24
ARTICLE XV
SICK LEAVE 25
ARTICLE XVI
BEREAVEMENT LEAVE 28
ARTICLE XVII
INJURY LEAVE 30
ARTICLE XVIII
JURY DUTY 32
ARTICLE XIX
CLOTHING AND EQUIPMENT 33
ARTICLE XX
PENSION PLAN 35
ARTICLE XXI
SAFETY AND HEALTH 36
ARTICLE XXII
ADHERENCE TO CIVIL SERVICE RULES 37
ARTICLE XXIII
JOB RELATED COURSES 38
ARTICLE XXIV
PERSONNEL FILES 39
ARTICLE XXV
MAINTENANCE OF STANDARDS 40
ARTICLE XXVI
IRS SECTION 125 PLAN 41
ARTICLE XXVII
SEPARABILITY & SAVINGS 42
ARTICLE XXVIII
SENIORITY 43
ARTICLE XXIX
USE OF VEHICLES 44
ARTICLE XXX
FULLY BARGAINED PROVISION 45
ARTICLE XXXI
TERM AND RENEWAL 46
{00216983.DOC} 46PREAMBLE THIS AGREEMENT entered into this ___ day of _______________ 2005, by and between the TOWNSHIP OF MARLBORO, in the County of Monmouth, a Municipal Corporation of the State of New Jersey, hereinafter called the “Township” and MARLBORO TOWNSHIP PUBLIC WORKS SUPERVISORS’ ASSOCIATION, hereinafter called the “Union”, represents the complete and final understanding on all bargainable issues between the Township and the Union.
ARTICLE I
RECOGNITION
A. The Township recognizes the Union for the purposes of collective negotiations as the exclusive representative of the Supervisory Employees in the negotiations unit and reference to males shall include females.
B. The Bargaining Unit shall consist of Supervisory Employees in the Road Department, Grounds Maintenance Department, Traffic and Safety Department, and Maintenance and Repair Department.
C. This Agreement shall govern all wages, hours and other terms and conditions of employment herein set forth.
D. This Agreement will be binding upon all the parties hereto, their successors and assigns.
ARTICLE II
MANAGEMENT RIGHTS
A. The Township of Marlboro hereby retains and reserves onto itself, without limitation, all powers, rights, authority duties and responsibilities conferred upon and vested in it prior to signing of this Agreement by the laws and Constitution of the State of New Jersey and of the United States, including, but without limiting the generality of the foregoing, the following rights:
1. The executive management and administrative control of the Township Government and its properties and facilities and activities of its employees by utilizing the personnel, method and means of the most appropriate and efficient manner possible as may from time to time be determined by the Township.
2. To make rules of procedure and conduct, to use improved methods and equipment, to determine work schedules and shifts, to decide the number of employees needed for any particular time and to be in sole charge of the quality and quantity of the work required.
3. The right of management to make such reasonable rules and regulations as it may from time deem best for the purposes of maintaining order, safety and/or the effective operation of the Department after advance notice thereof to the employees.
4. To hire all employees, to promote, transfer, assign or retain employees in positions within the Township.
5. To suspend, demote, discharge or take any other appropriate disciplinary action against any employee for good and just cause according to law.
6. To layoff employees in the event of lack of work or funds or under conditions where continuation of such work would be inefficient and non-productive.
7. The Township reserves the right with regard to all other conditions of employment not reserved to make such changes as it deems desirable and necessary for the efficient and effective operation of the Township.
B. The exercise of the foregoing powers, rights, authority, duties or responsibilities of the Township, the adopt ion of policies, rules, regulations and practices and furtherance thereof, and the use of judgment and discretion in connection therewith shall be limited only by the specific and express terms hereto and only to the extent that such specific and express terms are in conformance with the Constitution and Laws of New Jersey and of the United States and Ordinances of Marlboro Township.
C. Nothing contained herein shall be construed to deny or restrict the Township of its rights, responsibilities and authority under R.S. 40 and R.S. 11 or any other national, state, county or local laws or ordinances.
ARTICLE III
NON-DISCRIMINATION
A. The Township and the union agree that there shall be no discrimination against any employee because of race, creed, color, religion, sex, national origin, or political affiliation. The Township 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 Township or the Union against any employee because of the employee’s membership or non-membership or activity or non-activity in the Union.
B. The employee may elect to use the grievance procedure as outlined in Article V, herein. The employee/Union agrees to notify the Township of any alleged discrimination/sexual harassment and give the Township fifteen (15) days notice to correct such before instituting a grievance. Nothing herein will relieve any party of any duty it has by law to mitigate or correct the alleged discrimination/sexual harassment.
C. The Township and the Union agree that the working environment should be characterized by mutual respect for the common dignity to which all individuals are entitled, it is agreed that verbal and/or physical harassment of an employee is inappropriate.
ARTICLE IV
NO-STRIKE PLEDGE
A. The Union covenants and agrees that during the term of this Agreement neither the Union nor any person acting in its behalf will cause, authorize or support, nor will any of its members take part in any strike (i.e., the concerted failure to report for duty, or concerted willful absence from his duties of employment), work stoppage, slowdown, walk-out or other job action against the Township. The Union agrees that such action would constitute a material breach of this Agreement.
B. In the event of a strike, slowdown, walk-out or job action, it is covenanted and agreed that participation in any such activity by any Union member shall be deemed grounds for disciplinary action including possible termination of employment of such employee or employees.
C. 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 a law or in equity for injunction or damage, or both, in the event of such breach by the Union or its members.
D. The Township agrees not to lock out its employees.
ARTICLE V
GRIEVANCE PROCEDURE
A. 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 this Agreement. The parties agree that this procedure will be kept as informal as may be appropriate.
B. Nothing herein contained shall be construed as limiting the right of an employee having a grievance to discuss this matter informally with any appropriate member of the departmental supervisory staff and having the grievance adjusted without the intervention of the Union.
C. 1 The term “grievance” as used herein means an appeal by an individual employee or the Union on behalf of an individual employee or group of employees, from the interpretation, application or violation of policies, agreements, and administrative decisions affecting them and includes claims of alleged discrimination or sexual harassment.
2. No grievance may proceed beyond Step 2 herein unless it constitutes a controversy arising over the interpretation, application or alleged violation of the terms and conditions of this Agreement. Disputes concerning terms and conditions of employment controlled by statute or administrative regulations, incorporated by reference in this Agreement either expressly or by operation of law, shall not be processed beyond Step 2 herein.
D. 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 shall institute action under the provisions hereof within fifteen (15) calendar days after the event giving rise to the grievance has occurred and an earnest effort shall be made to settle the differences between the aggrieved employee and his immediate supervisor for the purpose of resolving the matter informally. Failure to act within the said fifteen (15) calendar days shall be deemed to constitute an abandonment of the grievance.
Step Two: If no agreement can be reached orally within ten (10) calendar days after the initial discussion with the immediate supervisor, the grievant or the Union may appeal the decision of the immediate supervisor in writing to the Business Administrator within ten (10) calendar days thereafter. The written grievance at this Step shall contain the relevant facts and a summary of the preceding oral discussion, the applicable section of the contract allegedly violated, and the remedy requested by the grievant. The Business Administrator shall respond, in writing, to the grievance within fifteen (15) working days of the submission.
Step Three: If the grievance is not settled through Steps One and Two, the Union shall have the right to submit the dispute to arbitration pursuant to the rules and regulations of the Public Employment Relations Commission within thirty (30) calendar days after receipt of the decision of the Business Administrator. The costs for the services of the arbitrator shall be borne equally by the Township and the Union. Any other expenses, including but not limited to the presentation of witnesses, shall be paid by the parties incurring same.
E. 1. The parties may direct the arbitrator to decide, as a preliminary question, whether he has jurisdiction to hear and decide the matter in dispute.
2. 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.
3. The parties agree that at no time shall they place more than one (1) issue before any one (1) arbitrator at any one (1) time.
F. In the event the aggrieved elects to pursue remedies available through Civil Service, the grievance shall be canceled and the matter withdrawn from this procedure, it is agreed between the parties that no arbitration hearing shall be held until after the decision rendered by the Business Administrator on the grievance. In the event the grievant pursues his remedies through Civil Service, the arbitration hearing, if any, shall be canceled and the filing fees and expenses incurred thereby shall be paid by the grievant or the Union.
G. Disciplinary matters shall be arbitrable as permitted by law.
ARTICLE VI
BULLETIN BOARD A. The Union shall have the use of the bulletin boards in the Road Department area for the posting of notices relating to meetings and official business of the Union only.
B. Only material authorized by the signature of the Union President or designee shall be permitted to be posted on said bulletin board.
C. The Township may have removed from the bulletin board any material which does not conform with the intent of the above provisions of this Article.
ARTICLE VII
JOB POSTINGS ANNOUNCEMENTS AND FILLING OF VACANCIES
A. To provide advancement opportunities for employees within the Department, existing or anticipated job vacancies shall be posted on the employee bulletin boards for seven (7) working days. The posting shall include a description of the job, any required qualifications, the location of the vacancies, the salary range, the hours of work and the procedure to be followed by employees interested in making application.
B. When the Township desires to fill any job vacancies, it shall first request applicants from within the Department in which the vacancy exists, then within the Department of Public Works and then from other sources.
C. Names of appointees shall be posted and a copy of said selections forwarded to the Union.
ARTICLE VIII
HOURS, OVERTIME & EMERGENCIES
A. The normal workweek shall consist of forty (40) hours, comprised of eight-hour day, Monday through Friday.
B. The hours of work for all bargaining unit employees will be from 7:00 AM to 3:00 PM, which time shall include one-half hour off for lunch, which is paid and which shall be included in the calculations to compute a 40 hour week
C. Overtime will be compensated at the rate of time and one half (1 ½) the employees normal hourly rate and shall be paid for all hours worked in excess of forty (40) hours per week. As long as the employee is in pay status, all such hours will be considered as hours worked for purposes of calculating overtime.
D. Employees shall have the option of accumulating up to eighty-eight (88) hours annually of compensatory time off in lieu of overtime pay. Such accumulation is replenishable as a rolling amount. Comp time shall be earned at the rate of one and one-half hour for each hour of overtime worked. In order to utilize comp time, an employee must give prior notice, except in case of emergency, and receive approval from the supervisor. Earned compensatory time may be utilized by an employee when calling, at least one half hour, prior to the start of the shift to report an inability to work on a given day except during a Township emergency or during inclement weather. Such approval will not be unreasonably withheld. The employer shall have the right to cancel approved compensatory time in the event of an emergency or inclement weather.
E. Employees with unused compensatory time at the end of the calendar year shall receive payment for all accumulated comp hours at their normal rate of pay. Up to thirty-two (32) hours of compensatory time earned in November or December that remains unused, may be carried over into the first six months of the next calendar year. Such hours are in addition to the eighty-eight (88) hours in Section D above. Any compensatory time accrued and on the books as of January 1, 1989 shall remain on the books, be the first time used, and shall not be subject to be paid pursuant to the above portion of this paragraph.
F. When an employee is called to work outside of his normal shift, he shall receive a minimum of two hours work or pay at overtime rate, except in the event of snow removal, at which instance he shall receive a minimum of four hours work or pay at overtime rate.
G. In the event inclement weather causes the closing of municipal offices, all essential employees will receive additional hour for hour compensation or comp time, for all hours worked during the inclement closing, subject to the applicable overtime provisions contained herein
H. Employees called to report to work during inclement weather conditions will be paid for thirty (30) minutes prior to the time of actually punching the clock. During inclement weather, all employees are expected to work continuously until the weather emergency has subsided, subject to reasonable rest periods and safety concerns.
I. Employees involved in inclement weather operations, including mechanics, will be provided with reasonable breaks without loss of pay during the weather event. When inclement weather operations require employees to work six or more hours prior to their normal shift time, upon completion of the weather related work said employees may, in the discretion of the director, be dismissed for the remainder of their normal workday with no loss of pay.
J. All hours worked on Sunday will be paid at the rate of time and one-half regardless of whether or not the employee has worked forty hours that week. If an employee is required to work on a holiday he shall receive double time (2X) for all hours actually worked on the holiday. Hours worked on a holiday shall be at premium pay in addition to the normal holiday pay for the day, regardless of whether or not the employee has worked a forty-hour week that week.
K. If Christmas Day or New Years Day fall on a weekend and an employee is called in to work, all hours will be compensated at double time for that day. In such event, if the employee is also called in on the observed day (Friday before or Monday after) the employee will receive double time for both days.
L. An employee who works four hours of overtime, or is called to work at least three (3) hours prior to the start of his shift will be provided with a meal at no cost to the employee or will be reimbursed for a meal at the rate of $12.00. An employee will receive an additional meal or meal payment of $15.00 for each additional six (6) hour period of overtime worked. All reimbursement for meals to which an employee may be entitled will be paid by May 1st.
ARTICLE IXSALARIES A. Effective January 1, 2004, the annual base salary to be paid to the following employees of the Township shall be as follows:
Job Classification Base Salary
Supervisor $78,252.81
Assistant Supervisor II $66,963.78
Senior Mechanic $66,963.78
Traffic Maintenance Supervisor $66,963.78
Assistant Supervisor I $61,378.83
B. Effective January 1, 2005, the annual base salary to be paid to the following employees of the Township shall be as follows:
Job Classification Base Salary
Supervisor $81,187.30
Assistant Supervisor II $69,474.93
Senior Mechanic $69,474.93
Traffic Maintenance Supervisor $69,474.93
Assistant Supervisor I $63,680.54
C. Effective January 1, 2006, the annual base salary to be paid to the following employees of the Township shall be as follows:
Job Classification Base Salary
Supervisor $84,434.79
Assistant Supervisor II $72,253.92
Senior Mechanic $72,253.92
Traffic Maintenance Supervisor $72,253.92
Assistant Supervisor I $66,227.76
D. Effective January 1, 2007, the annual base salary to be paid to the following employees of the Township shall be as follows:
Job Classification Base Salary
Supervisor $87,812.18
Assistant Supervisor II $75,144.08
Senior Mechanic $75,144.08
Traffic Maintenance Supervisor $75,144.08
Assistant Supervisor I $68,876.87
E. 1. Any employee promoted within the bargaining unit shall have all applicable monies and salary rates applied retroactive to the date of promotion or employment in the respective titles.
Benefits based upon years of employment shall be measured from the date of permanent hire by the Township. Years of service shall be the length of continuous employment of an employee by the Township as measured from the date of permanent hire.
Whenever the Township creates and/or utilizes a “new” job title from the Civil Service listing, which the Department of Personnel indicates as “available” to all Local Governments to utilize, the Township will notify the Union and the range for the job title will be negotiated.
Seniority for the purposes of this Article is defined as continuous employment of an employee by the Township.
F. Payment for overtime will be included in the regular paycheck. There shall be a minimum of twenty-four (24) paychecks per year.
G. All employees employed in the Assistant Supervisor I job classification will be evaluated on or before their second year of employment in said job classification for the purpose of determining whether or not said employee should promoted to the Assistant Supervisor II job classification. If the employee is not so promoted, he shall be reevaluated, at a minimum on an annual basis on or before his anniversary date.
ARTICLE X
LONGEVITY
A. In addition to the salary noted in Article IX, longevity will be paid as follows, as determined by employment anniversary date:
Years of Service In Addition to Annual Pay
After five (5) years of 2-1/2% of salary
service to tenth (10th) year
From eleventh (11th) year to 5% of salary
fifteenth (15th)year inclusive
From sixteenth (16th) year to 7-1/2% of salary
twentieth (20th) year inclusive
From twenty-first (21st) year to 10% of salary
twenty-fifth (25th) year inclusive
From twenty-fifth (25th) year 12-1/2% of salary
and thereafter
B. The above increment to be included in periodic annual salary payments and included in base salary for pension calculations.
ARTICLE XI
HOLIDAYS
A. Employees will receive eight (8) hours pay at their regular hourly rate for each of the following recognized holidays:
New Year’s Day Columbus Day
Martin Luther King’s Veterans’ Day
Birthday Thanksgiving Day
Lincoln’s Birthday Day after Thanksgiving
President’s Day Christmas Day
Memorial Day National Election Day
Independence Day (once every 4 yrs)
Labor Day
B. If any of the above listed thirteen (13) holidays (not including National Election Day) falls on a Saturday, the employee then gets the preceding Friday off: and if the holiday falls on a Sunday, the employee gets the next day off (Monday). An employee may request another day off in lieu of the employee’s birthday and such request will not be unreasonably denied.
C. If the Township Council or Mayor gives or declares a holiday to the other Township employees, then that day is granted to the employees covered by this contract. The term “holiday” does not include emergency closings.
D. All those holidays which have potentially an observance day different from the actual date of the holiday (i.e. Martin Luther King’s Day, Lincoln’s Birthday, Washington’s Birthday, Memorial Day, Columbus Day, Veteran’s Day and any other such days which are observed on the Monday before the holiday actually occurs), will be observed on the observance date only, i.e. this is the day employees will receive off and not the actual holiday.
ARTICLE XII
HEALTH AND LIFE INSURANCE
A. The Township shall continue to provide health insurance coverage for all full time employees, and their dependents, through the New Jersey State Health Benefits Plan. However, the members of the bargaining unit will contribute 4% of their health insurance premiums for Dependent coverage capped at no more than $250.00 annually for the life of this agreement. Such contributions shall be made pre-tax through the payroll system. Such contributions shall not commence until every employee of Marlboro enrolled in the New Jersey State Health Benefits Plan is subject to the same provisions. In the event a lower contribution is negotiated or mandated, such reduced rate will apply to members of this bargaining unit as well. In the event the Township considers leaving the New Jersey State Health Benefits Program the parties will meet to discuss the impact. However, in no event will employee contributions exceed $250.00 annually for the life of this contract.
B. The Township has the right to change insurance carriers or institute a self-insurance program so long as equivalent or better benefits are provided.
C. The Township shall continue to provide fully paid dental insurance coverage in a plan equivalent or better than the plan currently in effect. The deductible for dental claims shall be not more than $50.00 per person / $150.00 per family. The annual per person, maximum dental coverage shall be $1400.00 in 2004, $1500.00 in 2005 and increase to $1600.00 in 2006.
D. The Township shall provide a group life insurance policy for each employee in the amount of $20,000.00.
E. If at any time the Township is considering changes to any insurance policies referred to in this agreement, the union shall be so notified and provided ample opportunity to review and discuss any possible changes.
F. Employees who wish to waive coverage under the Township health insurance plan shall be entitled to an opt-out incentive payment of at least $3600 or a greater amount if adopted by the Township. Employees who wish to participate may be required to show proof of alternative coverage.
G. Retirement Planning Payments & Credits
1. The Township will pay annually to each qualified retiree, as that term is later defined, a sum of $4,000.00 per year from the time of retirement until the retiree reaches age sixty-five (65).
2. This payment shall be made each year on or before March 1st. In the first year of retirement, a pro-rated portion of the $4,000.00 will be made within sixty (60) days of the retirement effective date.
3. The retiree may use this payment to purchase health insurance, or for any other reason in his or her sole discretion. Each qualified retiree shall be responsible for the selection of, enrollment in any and all administration associated with such insurance coverage if the money is used for such. The Township shall have no responsibility in regard to any health insurance.
4. There shall be no obligation of the Township to make payments once the qualified retiree reaches the age of sixty-five (65) except as hereafter may be provided. In the year of the qualified retiree’s sixty-fifth (65th) birthday, the Township’s payment shall be a prorated portion of $4,000.00 which represents the portion of the year between January 1st, and the birthday.
5. “Qualified Retiree” as used herein means a person within the bargaining unit who has worked full time for the Township for at least twenty (20) years and is at least age sixty-two (62) or who has worked full time for the Township for twenty-five (25) years. Employees hired after January 1, 2005 must have twenty-five years of service and have reached the age of fifty-five (55) or have twenty years of service and have reached the age of sixty-two (62) before being entitled to the credits in Section 7 below.
6. “Full time” as used herein means working normally and on average throughout the year for at least 40 hours per week.
7. Employees who continue to work for the Township after attaining twenty-five (25) years of service or after attaining age 62 with at least twenty (20) years of service, shall be credited with $4,000.00 for each full year an employee works beyond the date of first eligibility under such parameters, which shall accumulate from year to year to a maximum of fifteen years of credit. It shall not accumulate beyond when an employee reaches age sixty-five (65) however and the year he or she turns sixty-five (65) will be prorated so that the credit is only given for that portion of the year form the anniversary of the first eligibility date and the employee’s sixty-fifth (65th) birthday. At the employee’s retirement or at age sixty-five (65), whichever occurs later, the employee may draw from the accumulated credited amount, a sum of up to $4,000.00 per year.
8. In the event of the employee’s death, any remaining amount of accumulated credit may be drawn upon by the employee’s surviving spouse in the same manner.
ARTICLE XIII
VACATION
A. Annual vacation leave with pay shall be earned at the following rate as determined on January 1 of each year:
YEARS OF SERVICE VACATION ENTITLEMENT
1 - 5 years 12 working days
6-10 years 15 working days
11-15 years 18 working days
16-20 years 21 working days
over 20 years 25 working days
B. Vacation allowance should be taken during the current year and reasonable efforts will be made to give the employee the time of his choosing. Unused vacation days may only be carried over for one year.
C. 1. Vacation requests must be submitted to the Business Administrator by the 15th of March of each calendar year.
2. Vacation requests will be scheduled and approved in accordance with seniority.
3. If the Business Administrator determines that the vacation request cannot be taken at the time requested, the request and the entire vacation schedule will be reviewed in a meeting between the Business Administrator and the Union.
4. If, because of the pressure of work, the Township determines that vacations must be carried forward, said vacations will be scheduled on a priority basis by the Business Administrator as soon as possible with the concurrence of the employee.
D. Employees who terminate their employment with the Township or whose employment is terminated by the Township shall only be entitled to pay for those vacation days actually earned up to their termination date, on an annual pro-rata basis.
E. For the purpose of this Section only, vacation days shall accrue on a prorated monthly basis. Any month in which an employee is absent for more than fifty percent (50%) of his or her schedule work days due to disciplinary suspension, said employee shall not accrue any vacation time for that month. If an employee fails to return from a leave of absence without pay, said employee shall be considered not to have accrued any vacation time during said leave of absence.
ARTICLE XIV
PERSONAL DAYS
A. All bargaining unit personnel may request up to a maximum of five (5) personal days per year personal or family matters that cannot be attended to outside of normal working hours. Such days are non-accumulative, and may be used in half-day increments.
B. Requests for use of personal time should be made at least forty-eight (48) hours in advance except in the case of emergency. Requests for Personal Days shall not be unreasonably withheld. Personal leave will not be granted if it interferes with the personnel needs of the department.
C. Effective January 1, 2006, compensation for unused personal days shall be paid at the end of the year.
ARTICLE XV
SICK LEAVE
A. All permanent employees, or full time provisional employees shall be entitled to sick leave with pay based on their aggregate years of service.
B. Sick leave may be utilized by employees when they are unable to perform their work by reason of personal illness, accident or exposure to contagious disease, or for the attendance of the employee upon a member of the immediate family who is seriously ill. The definition of “immediate family” will be those same persons as listed in Article XVI entitled “Bereavement Leave” as well as any relative of the employee residing in the employee’s household.
C. Such sick leave shall not include any extended period where the employee serves as a nurse or housekeeper during this period of illness.
D. The minimum sick leave with pay shall accrue to any full time employee on the basis of one (1) working day per month during the remainder of the first calendar year of employment after initial appointment and fifteen (15) days in every calendar year thereafter.
E. Any amount of sick leave allowance not used in any calendar year shall accumulate to the employee’s credit from year to year to be used if and when needed for such purposes.
F. All employees shall be reimbursed for accrued sick leave at the time of termination of his employment, upon the basis of fifty (50%) percent of accumulated sick time, provided, however, the Township shall not be responsible for any amount exceeding twenty-five thousands ($25,000) dollars.
G. If an employee is absent for reasons that entitled him to sick leave, his supervisor shall be notified promptly as of the employee’s usual reporting time, except in those work situations where notice must be made prior to the employee’s starting time.
1. Failure to so notify his supervisor may be cause of denial of the use of sick leave for the absence and constitute cause for disciplinary action.
2. Absence without notice for five (5) consecutive days shall constitute a resignation.
H. An employee who shall be absent on sick leave for five (5) or more consecutive working days shall be required to submit acceptable medical evidence substantiating the illness.
I. An employee who has been absent on sick leave for periods totaling fifteen (15) days in one (1) calendar year consisting of periods of less than five (5) days, may be required to submit acceptable medical evidence for any additional sick leave in that year unless such illness is of a chronic or recurring nature requiring recurring absences of one (1) day or less, in which case only (1) certificate shall be necessary for a period of six (6) months.
J. The Township may require proof of illness of an employee on sick leave, whenever such requirement appears reasonable and warranted under the circumstances. Abuse of sick leave shall be cause for disciplinary action.
K. in case of leave of absence due to exposure to contagious disease, a certificate from the Department of Health shall be required.
L. The Township may require an employee who has been absent because of personal illness, as a condition of his return to duty, to be examined, at the expense of the Township, by a physician designated by the Township. Such examination shall establish whether the employee is capable of performing his duties and that the return will not jeopardize the health of other employees.
M. For the purpose of this Section only, vacation days shall accrue on a pro-rated monthly basis. Any month in which an employee is absent for more than fifty (50%) of his or her schedule work days due to disciplinary suspension, said employee shall not accrue any sick time for that month. If an employee fails to return from a leave of absence without pay, said employee shall be considered not to have accrued any sick time during said leave of absence.
ARTICLE XVI
BEREAVEMENT LEAVE
A. In the event of death in the employee’s immediate family, the employee shall be granted time off without loss of pay not to exceed five (5) consecutive days.
B. The term “immediate family” shall include spouse, father, mother, stepmother, stepfather, son, daughter, stepson, stepdaughter, brother, sister, stepbrother and stepsister.
C. In the event of death of the employee’s mother-in-law, father-in-law, or grandparent, the employee shall be granted time off without loss of pay which may commence between the day of death up to an including the day of the funeral, but in no event to exceed four (4) consecutive work days.
D. If additional time is needed by an employee to fulfill obligations in the event of a death in the family, he or she shall be permitted, with the approval of the Department Head, to utilize his or her accrued time off (vacation days, compensatory days, personal days) as extended bereavement leave.
E. In the event of a death of an employee’s aunt, uncle, first cousin, brother- in-law or sister-in-law, the employee, upon the approval of the Department Head, shall be permitted to utilize his or her personal accrued/time (vacation days, compensatory days, personal days), solely for the purpose of attending the funeral.
F. If extenuating circumstances exist, the Department Head and/or the Business Administrator may, at their sole discretion, extend the bereavement leave. In addition, the Department Head and/or Business Administrator may, at their sole discretion, allow a bereavement period for persons not listed above who are related to the employee.
G. In the event of a death of a brother-in-law or sister-in-law, the employee shall be granted time off without loss of pay which may commence between the day of death up to and including the day of the funeral, but in no event to exceed two (2) consecutive work days.
ARTICLE XVII
INJURY LEAVE
A. In the event an employee becomes disabled by reason of a service- connected injury or illness and is unable to perform his duties, then, in addition to any sick leave benefits otherwise provided for herein, he may be entitled to full pay for a period of up to one (1) year.
B. Any employee who is injured, whether slight or severe, while working, must immediately, or as soon as practically possible, report said injury to the Director of Public Works.
C. It is understood that the employee must file an injury report with the Director of Public Works so that the Township may file the appropriate Worker’s Compensation Claim. Failure to so report said injury may result in the failure of the employee to receive compensation under this Article.
D. The employee shall be required to present evidence by a certificate of a physician designated by the insurance carrier that he is unable to work, and the Township may reasonably require the employee to present such certificate from time to time.
E. If the Township does not accept the certificate of the physician by the insurance carrier, the Township shall have the right, at its own cost, to require the employee to obtain a physical examination and certification of fitness by a physician.
F. In the event the Township appointed physician certifies the employee fit to return to duty, injury leave benefits granted under this Article shall be terminated, unless the employee disputes the determination of the Township appointed physician. Then the Township and the employee shall mutually agree upon a third physician, who shall then examine the employee. The cost of the third physician shall be borne equally by the Township and the employee. The determination of the third-physician as to the employee’s fitness to return to duty shall be final and binding upon the parties. In the event the third physician also certifies the employee fit to return to duty, injury leave benefits granted under this Article shall be terminated.
G. The Township, at its option, and upon certification by the Township appointed physician, may extend the disability pay for no more than one (1) additional year. The Township appointed physician must certify that the employee is incapable of performing his duties for the additional time period.
H. In the event any employee is granted said injury leave, the Township’s sole obligation shall be to pay the employee the difference between his regular pay and any compensation, disability or other payments received from other sources provided by the Township.
I. If the Township can prove that an employee has abused his privileges under this Article, the employee will be subject to disciplinary action by the Township. If the employee is found to be in violation of this Article, he shall be subject to disciplinary action by the Township to the extent which is provided within this Agreement and any Ordinance in effect governing the Township of Marlboro.
ARTICLE XVIII
JURY DUTY
A. Any regular full-time employee who loses time from his or her job because of jury duty as certified by the Clerk of the Court shall be paid by the Township the difference between his or her daily base rate of pay (up to a maximum of the normal number of hours per day) and the daily jury fee subject to the following conditions:
1. The employee must notify his or her supervisor immediately upon receipt of a summons for jury service.
2. The employee has not voluntarily sought jury service.
3. No employee is attending jury duty during vacation and/or other time off from Township employment.
4. The employee submits adequate proof of the time served on the jury and the amount received for such service.
B. If, on any given day, an employee is attending jury duty, he or she is released by the Court prior to 11 o’clock a.m., that employee shall be required to return to work by 12 o’clock noon that day in order to receive pay for that day.
ARTICLE XIX
CLOTHING AND EQUIPMENT
A. All employees, except mechanics, will be given an initial issue of clothing at the time they are hired. This shall include the following:
# of items Item Name
1 pair Boots
6 pair Pants
6 sets Shirts, short or long sleeve
1 Jacket, winter, or coveralls
1 Jacket, spring, summer and/or fall
1 set Rain wear, two piece
one set Rubber boots
7 Tee shirts
B. On or about January 1st of each year, each employee, except Mechanics, will receive by separate check a Uniform Allowance in the following amount:
2004 = $700.00
2005 = $700.00
2006 = $700.00
2007 = $700.00
Employees receiving Uniform allowance are required to report to work in proper attire. Failure to do so may result in discipline and/or the employee being sent home for the day without pay.
C. All employees will receive an annual Safety Shoe Allowance in the following
amount:
2004 = $160.00
2005 = $170.00
2006 = $180.00
2007 = $180.00
Employees are required to report to work in proper footwear. Failure to do so may result in discipline and/or the employee being sent home for the day without pay. Worn out boots will be replaced, as needed, up to the same dollar amounts.
D. New employees in the first month of January following their date of hire, will receive a pro-rated share of the $700 store account based upon the number of months, or major part thereof, worked in their first calendar year of employment. For example, an employee hired on February 8th would have a store credit of 11/12ths of the $700 in the January following the date of hire.
E. A cleaning and maintenance service will be continued for Mechanics. At the time of hire, mechanics will have the following items supplied to them:
one winter jacket
one winter coverall
one pair of rubber boots rain gear
seven tee shirts (to be issued annually)
Mechanics will have the above items replaced, when worn out, with the approval of the supervisor.
ARTICLE XX
PENSION PLAN
A. The Township shall continue for the lifetime of this Agreement to pay the Township’s portion of the pension costs under the Public Employees Retirement System of New Jersey.
ARTICLE XXI
SAFETY AND HEALTH
A. As practicable, the Township shall attempt at all times to maintain safe and healthy working conditions.
B. The Township will provide employees with wearing apparel, prescription safety glasses, tools or devices reasonably necessary as determined by the Township in order to insure their safety and health.
C. Any safety equipment supplied to the employee by the Township must be worn and/or utilized by the employee. If the employee fails to wear and/or utilize such equipment or apparel, he or she shall be subject to disciplinary action, up to and including discharge.
D. Any safety and health rules will be abided by. Failure to abide by said rules shall be deemed just cause for disciplinary action, up to and including termination.
E. The Township and the Association shall form a safety committee consisting of representatives of the Governing Body and bargaining unit employees. It shall be their joint responsibility to investigate and correct the working conditions and to recommend corrective action concerning unsafe and unhealthy conditions. The committee shall meet as necessary to review conditions in general and make recommendations when appropriate.
ARTICLE XXII
ADHERENCE TO CIVIL SERVICE RULES
A. The Township and the Union agree to be bound by all Civil Service Rules and Regulations.
ARTICLE XXIII
JOB RELATED COURSES
A. The Township agrees to pay for the tuition and books required when an employee enrolls in a job related course.
B. To be eligible for this benefit, the employee must receive prior approval from his or her immediate supervisor, and then from the Business Administrator. Approval of this benefit shall be at the final and sole discretion of the Business Administrator.
ARTICLE XXIV
PERSONNEL FILES
A. The Township shall establish personnel files or confidential records which shall be maintained under the direction of the Business Administrator or his designated representative.
B. Upon prior notice to an authorization of the Business Administrator or his designated representative, all employees shall have access to their individual personnel file. Any such request shall not be unreasonably denied.
C. The Township shall not insert any adverse material into any file of the employee unless the employee has had an opportunity to review, sign and receive a copy of and comment in writing upon the adverse material, unless the employee waived these rights.
D. The employee shall have the right to respond in writing to any complaint, negative report, or disciplinary warning entered into his individual personnel file, and said response shall also be placed in the employee’s individual personnel file.
ARTICLE XXV
MAINTENANCE OF STANDARDS
A. All terms and conditions of this Agreement shall remain in full force and effect while a successor agreement is being negotiated until a new agreement is reached.
ARTICLE XXVI
IRS SECTION 125 PLAN
The Township will establish an IRS Section 125 Plan. Employees will thereafter be permitted to set aside a portion of their salary into a pre-tax account to be utilized for child care, elder care, and/or health care expenses.
ARTICLE XXVII
SEPARABILITY & SAVINGS
A. If any provision of this Agreement or any application of this Agreement to any employee or group of employees is held invalid by operation of law or by a Court or other tribunal of competent jurisdiction, such provision shall not be affected thereby and shall continue in full force and effect.
B. If any such provision is declared invalid by operation of law, parties to this Agreement will forthrightly entertain renegotiations on the invalid provision.
ARTICLE XXVIII
SENIORITY
A. For the purposes of this agreement, seniority is defined as the length of continuous employment with the Township commencing from the date of hire as a full time employee.
B. All benefits and other terms and conditions of employment that are based upon years of service shall be measured from the date of hire with the Township. Breaks in service may be bridged for purposes of earned time and economic benefits, upon written agreement between the authorized parties.
C. Traditional principles of seniority shall apply to employees covered by this Agreement.
D. An employee’s length of service shall not be reduced by time lost due to authorized leave of absence.
ARTICLE XXIX
USE OF VEHICLES
A. Assistant Supervisors shall be permitted to take Township vehicles home between November 1 and March 31. The Superintendent may, at his/her discretion, permit the use of Township vehicles to take home at any time, if needed.
ARTICLE XXX
FULLY BARGAINED PROVISION
A. 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 the subject of negotiations.
B. 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 opportunity are set forth in this Agreement.
C. The Township and the Union, for the life of this Agreement, agree 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 referred to or covered in this Agreement, even though each subject or matter may not have been within the knowledge or contemplation of either or both parties at the time they negotiated or signed this Agreement.
D. This Agreement may be modified in whole or in part by the parties by an instrument in writing only executed by both parties,
ARTICLE XXXI
TERM AND RENEWAL
A. This Agreement shall be in full force and effect as of January 1, 2004 and shall remain in effect to and including December 31, 2007, without any reopening date. This Agreement shall continue in full force and effect from year to year thereafter. Should the parties hereto fail to reach an agreement for a new contract before the termination of this contract, the terms and conditions of this contract shall continue until the new one is signed changing the terms and conditions retroactive to January 1, 2008.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals at Marlboro Township, New Jersey on this ___ day of _________ 2005.
MARLBORO TOWNSHIP PUBLIC WORKS SUPERVISOR’S ASSOCIATION
By: James Rydel |
TOWNSHIP OF MARLBORO
MAYOR |
By: Joseph Williams | ATTEST:
CLERK |
By: Michael Napholz |  |
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