AGREEMENT BETWEEN BOROUGH OF ELMWOOD PARK
Bergen County, New Jersey
and
POLICEMEN’S BENEVOLENT ASSOCIATION LOCAL 185
ELMWOOD PARK POLICE DEPARTMENT
JANUARY 1, 2012 THROUGH DECEMBER 31, 2014
INDEX
ARTICLE TITLE PAGE
I RECOGNITION OF PBA 2
II RETENTION OF EXISTING BENEFITS 2
III LOCAL REPRESENTATIVES 2
IV RETENTION OF CIVIL RIGHTS 4
V AGREEMENTS 4
VI MANAGEMENT RIGHTS 4
VII WORK WEEK, CALL-IN, OVERTIME & COURT APPEARANCES 5
VIII EXCHANGE OF DAYS OFF 7
IX NON-REGULAR DAYS OFF AND PRIORITY HOLIDAYS 7
X VACATIONS 9
XI INSURANCE, HEALTH & WELFARE 10
XII SICK LEAVE 12
XIII HOLIDAYS 12
XIV CLOTHING ALLOWANCE 14
XV TERMINAL LEAVE 14
XVI FUNERAL LEAVE 16
XVII GRIEVANCE PROCEDURE 17
XVIII SALARIES 19
XIX LONGEVITY 19
XX MISCELLANEOUS BENEFITS 21
XXI OFF DUTY POLICE ACTION 24
XXII WORK IN HIGHER RANK 24
XXIII REPLACEMENTS 25
XXIV AGENCY SHOP 25
XXV TERM & RENEWAL 26
XXVI SIGNATURE PAGE 27
APPENDIX A - SALARIES 28
APPENDIX B - SALARIES 29
APPENDIX C - SALARIES 30
APPENDIX D - SALARIES 31
APPENDIX E - SALARIES 32
THIS AGREEMENT is made and entered into this day of , 2012 between the BOROUGH OF ELMWOOD PARK, NEW JERSEY (hereinafter referred to as “Borough”) and its Law Enforcement Group, POLICEMEN’S BENEVOLENT ASSOCIATION, LOCAL 185, ELMWOOD PARK POLICE DEPARTMENT (hereinafter referred to as the “Local” or “Employees”).
WITNESSETH: WHEREAS, for the purposes of mutual understanding and in order that a harmonious relationship may exist between the Employees, to the end that continuous and efficient service will be rendered to and by both parties, for the benefit of both; and
WHEREAS, the Union and the Borough have agreed to modify certain provisions of this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, conditions and agreements herein contained, it is agreed between the parties as follows:
ARTICLE IPOLICEMEN’S BENEVOLENT ASSOCIATION, ELMWOOD PARK LOCAL 185
The Borough hereby recognizes the above Local as the sole and exclusive representative of all Patrolmen, Detectives, Sergeants, Lieutenants and Captain, and Deputy Chief covered under this Agreement, for the purposes of annual collective negotiations with respect to rates of pay, wages, hours of work and other working conditions.
1.2 The title “Policemen” shall be defined to include the plural as well as the singular, and to include females.
ARTICLE II
RETENTION OF EXISTING BENEFITS 2.1 Except as otherwise provided herein, all rights, privileges and benefits which all Employees have heretofore enjoyed and are enjoying shall be maintained and continued by the Borough during the terms of this Agreement.
ARTICLE III
LOCAL REPRESENTATIVES AND MEMBERS 3.1 Authorized representatives of the Local, not to exceed five (5), shall be permitted to visit the Police Headquarters Office of the Chief, for the purpose of ascertaining whether or not this Agreement is being observed. this right shall be exercised reasonably.
3.2 The President of the Local and any representative of that Local, or in his absence his authorized representative, although his first obligation is to perform the duties of his rank, shall be excused from all duties and assignments when required, in order to discharge their duties as the representative of their local.
3.3 During negotiations , the local representative, so authorized by the Local, not to exceed eight (8) Elmwood Park Policemen, shall be excused from their normal duties for such period of negotiations as are reasonable and necessary, to be decided at the discretion of the Chief of Police.
3.4 Employees who are elected officers, such as President, State Delegate, Secretary, Trustee or Alternate of the Local, shall be granted time off from normal duties to attend conventions that are authorized by State Law, and to attend State meetings and State Legislative sessions when bills affecting the Welfare of the Local are on the agenda. Attendance at Local meetings shall include the President, Vice President, Financial Secretary, Sergeant at Arms, and State Delegate of the Local, are not to exceed three (3) Police Personnel.
3.5 The Employer shall permit the PBA President and the PBA Delegate to attend the monthly Bergen County Conference meetings without any loss of regular compensation. Said meetings shall not result in more than one-half (½) of one tour (6 hours) for each Employee affected per month. The total annual hours for attendance at monthly meetings of the Bergen County Conference shall not exceed fifty (50) hours per year.
ARTICLE IV
RETENTION OF CIVIL RIGHTS 4.1 Employees shall retain all civil rights under New Jersey State Law.
ARTICLE V
AGREEMENTS 5.1 The Borough agrees not to enter into any other Agreement or contract with its Employees, as defined in Paragraph 1.1 of this Agreement, individually or collectively, which in any way conflicts with the terms and provisions of this Agreement.
ARTICLE VI
MANAGEMENT RIGHTS 6.1 The Borough shall not discharge nor discriminate in any way against any Employee for Local PBA activities or for Local membership, pertaining to PBA Local No. 185.
6.2 The rights of both the Borough and Employees shall be respected and the provisions of this Agreement for the orderly settlement of all questions regarding such rights shall be observed, pertaining to grievance procedure.
ARTICLE VII
WORK WEEK, CALL IN PAY, OVERTIME & COURT APPEARANCE 7.1 The normal work day shall be eight (8) hours, forty (40) hours per week for Employees.
7.2 Overtime shall be compensated at one and one-half (1½) times the Employee’s then applicable rate of pay. Overtime shall be paid to the Employees when earned, or taken as compensatory time at the Employee’s request. Compensatory time in lieu of overtime payment shall be cumulative, year to year, and may be taken at any time upon the Employee’s request subject to reasonable Departmental needs. All overtime earned prior to the execution of this Agreement shall be governed in accordance with the terms of this paragraph.
Overtime (or compensation time in lieu of overtime pay) shall be paid for:
a. all hours worked in excess of eight (8) hours in one day, or forty (40) hours per week.
b. For all hours worked on the Employee’s designated day off where the Employee is called in on an emergency basis.
c. For all hours worked on the following holidays: New Year’s Day, Christmas Day. Effective only as of April 7, 1990 and thereafter, any Employee who shall work on New Year’s Day or Christmas Day shall receive New Year’s Day or Christmas Day as a compensable day off at some other time in the course of the year.
7.3 All Court, Administrative Body and Grand Jury appearances shall be compensated at the overtime (time and one half (1½) ) rate with a two (2) hour minimum for each appearance.
7.4 All Employees required to return to an on-duty status after completing a schedule tour of duty, and prior to the start of his/her next regularly scheduled tour of duty, shall be compensated at the overtime (time and one half (1½) ) rate with a three (3) hour minimum for each occurrence.
7.5 The current 12 hour work schedule covering all patrol officers and certain detective personnel shall continue. This schedule provides for a 12 hour work sequence in blocks of 4 days (4 by 4) followed by 4 days off. Overtime is defined as work in excess of the basic 12 hour work day or work on a scheduled day off as defined by the 4 by 4 12 hour work schedule. Any hours worked over 2080 hours per year (110 annual hours) shall be reimbursed by the employer in compensatory time.
7.6 The employer shall have an annual option to establish a buy back program to reduce accumulated time. The maximum that may be bought back under the employer option is 20% of existing time in any one year. This buy back option shall be applicable to holiday time accumulated as of 2004. Beginning with 2004 vacation accumulation will be subject to a 2 year accumulation limitation. Such excess as may exist shall be subject to the above stated buy back program. Compensatory time shall be subject to the buy back program.
ARTICLE VIII
EXCHANGE OF DAYS OFF 8.1 Any member of the Department may exchange hours or tours of duty or days off provided prior approval has been obtained in writing from the Chief of Police, or, in absence, his duly authorized designee. However, the Employer shall not incur any additional expense by virtue of this Article and prior notification of forty-eight (48) hours shall be given to the Chief of the Department. It is further provided, however, that such exchange shall not have a shift to be composed of less than four (4) men.
ARTICLE IX
NON-REGULAR DAYS OFF AND PRIORITY HOLIDAYS
Extra days, personal days, subject to approval with the Chief of Police, may be taken at any time provided that the following conditions are met.
a. The approved day off will leave at least four (4) men left scheduled to work the shift.
b. The order of preference is established as vacation days first, personal day second, and extra day last.
c. Once approved by the Shift Commander, Patrol Captain, or Chief of Police, it may not be changed except with the permission of the Patrol Captain or Chief of Police.
9.2 Priority Holiday - Each Employee shall be able to designate one (1) holiday or compensatory day per year as a Priority Holiday. The Employee must exercise this right at least twenty-four (24) hours prior to the scheduled tour on which the Employee intends to take the Priority Holiday. Any holiday or compensatory day designated as a Priority Holiday shall be granted to the Employee on the requested day submitted by said Employee provided such request will leave at least three (3) men left scheduled to work the shift. Only one member per tour may designate that tour as a Priority Holiday. The Employee may only designate one holiday or compensatory day per year as a Priority Holiday, and may not accumulate Priority Holiday designations for use in later years.
9.3 Priority Holiday Exceptions - Employees will not be permitted to designate the following days as Priority Holidays:
a. New Year’s Day
b. Easter Sunday
c. Mother’s Day
d. Father’s Day
e. Independence Day
f. Labor Day
g. Thanksgiving Day
h. Christmas Eve
I. Christmas
j. New Year’s Eve
ARTICLE X
VACATIONS 10.1 Annual vacations shall be granted strictly in accordance with seniority.
10.2 The vacation period shall commence January 2 and continue until December 15 of each year. The vacation allowances shall be as follows:
1 to 5 years of service 12 working days
Upon Completion of the 5th
Year to 10 years of service 12 working days plus
One working day per year,
up to 17 working days
Upon completion of
10 years of service 21 working days annually
Upon completion of
12 years of service 22 Working days annually
14 years of service 23 working days annually
Upon completion of
16 years of service 24 working days annually
Upon completion of
18 years of service 25 working days annually
Upon completion of 20
Years of service & thereafter 30 working days annually
10.3 All Employees shall receive at least fifteen (15) days of their respective vacations during the period from June 15 to September 15 of each year, if requested. The balance of the vacation may be taken before June 15 or after September 15, at the discretion of the Employees. Employees may then take their remaining vacation days so as to have ten (10) of said days consecutively and, if entitled, the remaining five (5) days consecutively. Employees may take all vacation time consecutively upon the approval of the Chief, but in no event shall a shift be comprised of less than four (4) men.
10.4 There shall be a one year carry over to prevent forfeiture when an Officer is not permitted to take vacation time because of work schedule requirements. This limitation shall be effective January 1, 2009.
ARTICLE XI
INSURANCE, HEALTH AND WELFARE 11.1 The Borough shall continue to maintain and provide all insurance coverage that is in force and effect at the present time, including false arrest insurance at One Million ($1,000,000.00) Dollars per incident.
11.2 The Borough shall supply to the Employees all necessary legal advice and counsel in the defense of or the settlement of claims for personal injury, death or property damage arising out of or in the course of their employment, and the Borough shall pay and satisfy all judgments against said against said Employees arising from such claim.
11.3 The Borough shall supply to the Employees fully paid Blue Cross/ Blue Shield with Rider J, and Major Medical Insurance to cover themselves and their dependents.
11.4 The Borough shall endeavor to improve the present health programs by upgrading said programs.
11.5 The Borough shall provide a full paid family Dental Plan of insurance covering all Employees and their families. Dependents of Employees are eligible as described herein. Dependents are the Employees’ lawful spouse and unmarried children from age 2 until the end of the calendar year in which age 19 is attained or until the end of the calendar year in which age 23 is attained if enrolled as full time students in an accredited school, college or university. Children include step children, adopted children and foster children, provided such children are dependent upon the Employee for support and maintenance. The Plan shall offer a twenty-five ($25.00) dollar per year patient deductible to a maximum of seventy-five ($75.00) dollars per family per year. Coverage under said Dental Plan is to provide a calendar year maximum benefit, per patient, of $2,000.00 for preventive and Diagnostic, Basic, Crowns and Prosthondontic services, and a maximum lifetime benefit, per patient, of $750.00 for Orthodontic services. The employer shall have the right to change insurance carriers so long as equivalent benefits are provided to Employees and their families.
11.6 The Borough shall, at its sole cost and expense, provide each Employee with a full family Prescription Plan. The Employer may elect to participate in the Local Prescription Drug Program provided by the New Jersey State Health Benefits Act of the State of New Jersey. The Prescription Drug Program shall apply to active Employees only and will provide coverage as follows:
a. The cost to the Employee for regular brand named prescriptions will be $5.00;
b. The cost to the Employee for generic brand prescriptions will be $1.00, and a thirty (30) day supply will cost the Employee nothing provided it is obtained via US Mail from the National pharmacy.
The Employer shall have the right to change Prescription Plan carriers so long as equivalent benefits are provided to the Employees and their families.
ARTICLE XII
SICK LEAVE 12.1 All sick leave shall be accumulated and any unused portion thereof shall be applied toward future illness.
ARTICLE XIII
HOLIDAYS 13.1 All Employees, in addition to their regular wages, shall receive the following holidays, plus their personal day and all other holidays where Elmwood Park Borough Employees are granted days off:
Martin Luther King’s Birthday
Lincoln’s Birthday
Washington’s Birthday
Good Friday
Memorial Day
Independence Day
Labor Day
Columbus Day
Election Day
Veteran’s Day
Thanksgiving Day
Day After Thanksgiving
Christmas Day
13.2 Every Employee shall have his/her holiday entitlement converted to an equivalent value in dollars, at said Employee’s then current rate of compensation, and paid along with his/her regular bi-weekly pay. It is understood that an Employee under this paragraph shall not be permitted to take both his time off and bank the same time. The value of the days for compensation purposes under this paragraph shall be the respective Employees then current daily rate. The salary schedules at the end of this contract include the holiday benefit (calculated at 5.38%).
ARTICLE XIV
CLOTHING ALLOWANCE 14.1 Each Employee shall receive an annual clothing allowance. The annual clothing allowance which shall be paid in a lump sum on the first pay day of the month of April in the amount of Seven Hundred Seventy-Five Dollars ($775.00).
The amount of $350 of said allowance shall be allocated for clothing maintenance.
14.2 Effective with the April, 1990 clothing allowance reimbursement, said reimbursement shall be for all clothing expenditures incurred through the last day of the previous calendar year.
ARTICLE XV
TERMINAL LEAVE 15.1 Employees who retire shall receive terminal leave immediately prior to retirement, provided said Employee notifies the Borough in writing prior to February 15 of the year he intends to retire, except for emergency conditions, to be reviewed by the Borough. Such leave shall be computed at the following rates: 1 to 7 years 1 month
8 to 14 years 2 months
15 to 21 years 3 months
22 years and over 4 months
15.2 The terminal leave provisions contained in Section 15.1 shall not be applicable to new Employees hired subsequent to the date of execution of the January 1, 1995 to December 31, 1997 Agreement.
15.3 In addition to the leave granted pursuant to Section 15.1 above, each Employee hired prior to date of execution of the January 1, 1995 to December 31, 1997 Agreement shall receive remuneration for one half (½) of all accumulated sick days from January 1, 1962 immediately prior to the retirement of such officer, with maximum accumulation of one hundred and twenty (120) working days. Accumulated sick days eligible for payment under this Section are to be paid at the Employees’ then current rate of pay at time of their retirement.
15.4 a. Each Employee hired subsequent to the date of execution of the January 1, 1995 to December 31, 1997 Agreement, shall receive full remuneration for a one-half (½) of all accumulated sick days from the date of hire to the date of retirement, with a maximum accumulation of two hundred (200) working days. Accumulated sick days eligible for payment under this Section are to be paid at the Employee’s then current rate of pay at time of their retirement.
15.4 b. Employees hired on or after January 1, 2008 shall have a 120 working day maximum accumulation applicable to the formula set forth in this paragraph.
15.5 In addition to the applicable terminal leave and/or applicable sick leave provisions as specified in Section 15.1, 15.2, 15.3 and 15.4 above, each Employee shall be entitled to any accumulated compensatory time and vacation time due the retired Employee. All Employees on staff of the Elmwood Park Police Department as of the date of execution of the January 1, 1995 to December 31, 1997 Agreement shall be permitted an option to take a cash equivalent of all terminal leave and vacation pay upon retirement as a single lump sum payment.
ARTICLE XVIFUNERAL LEAVE 16.1 A death in the Employee’s immediate family shall not be charged against his compensatory days. Time off shall be given from the day of death up to and including the day after the funeral.
16.2 Immediate family shall be defined as follows: mother, father, son, daughter, sister, brother, spouse, mother-in-law, father-in-law, grandchildren, grandparents and all other relatives residing at the Employee’s household.
ARTICLE XVII
GRIEVANCE PROCEDURE 17.1 The purpose of the grievance procedure shall be to settle grievances between the Borough and the Local, and Employees, as quickly as possible so as to insure efficiency and promote the Employee’s morale.
17.2 A grievance is defined as any disagreement between the Borough and the Employees, or the Local, involving the interpretation, application or violation of policies, agreements and the administrative decisions affecting them.
17.3 All grievances shall be processed as follows:
a. They shall be discussed with the Employee and/or Employees involved and the Local representatives, with the immediate superior, designated by the Chief. The answers shall be made within three days by such immediate superior, to the Local.
b. If the grievances are not settled through Step (a), the same shall be reduced to writing by the Local and the Employee and/or Employees and submitted to the Chief, or any person designated by him, and the answer to such grievance shall be made, in writing, with a copy to the Local or Employee and or Employees within five (5) days of their submission.
c. If the grievances are not settled by Steps (a) and (b), then the Local or Employee and/or Employees shall have the right to submit such grievances to the Police Commissioner. A written answer to said grievance shall be served upon the individual and the Grievance Committee within seven (7) calendar days after their submission.
d. 1. If the grievance is not settled through the preceding steps, only the Borough or the PBA may refer the matter to the Public Employment Relations Commission within fourteen (14) calendar days after the determination of Step (c) preceding. The Arbitrator shall be selected in accordance with the rules of the said Commission and the expense of the Arbitrator shall be borne equally by the parties hereto provided, however, that each party shall bear the expense of producing witnesses, testimony or evidence for his presentation.
2. The Arbitrator shall be bound by the provisions of this Agreement and restricted to the application of the facts presented to him and relevant to the grievance. The Arbitrator shall have no authority to modify or alter in any ways the provisions of this Agreement or any amendment or supplement hereto. The decision of the Arbitrator shall be final and binding.
3. It is the intent of the parties that on matters in dispute that are subject to the exclusive review and/or decision of the Merit System Board of the State of New Jersey Department of Personnel (“MSB”) may not be submitted to arbitration. The parties herein direct the Arbitrator not to accept or decide to accept any matter in dispute that is subject to mandatory MSB review and decision.
4. The time limits expressed herein shall be strictly adhered to. If any grievance has not been initiated within the time limits specified the grievance shall be deemed to have been waived. If any grievance is not processed to the next succeeding step in the grievance procedure within the time limits prescribed, then the disposition of the grievance at the last preceding step shall be deemed to be conclusive. Nothing herein shall prevent the parties from mutually agreeing to extend the contract time limits provided for processing the grievance procedure. A failure to respond to any step within the provided time limits shall be deemed a denial.
e. The Local President or his authorized representative or Employee may report an impending grievance to the Police Commissioner or Chief in an effort to forestall its occurrence.
17.4 Nothing herein shall prevent any Employee from processing his own grievance, provided the Grievance Committee may be present.
ARTICLE XVIII
SALARIES 18.1 The salaries for Employees for the term of this Agreement shall be set forth in Appendices A through D annexed.
18.2 Effective January 1, 2009, “Senior Officer Status” shall be paid to all Employees covered by this Agreement who have completed 17 years of police service. Said Officers shall receive a base rate of compensation equal to the base pay for their rank, as calculated in this Article, plus one-half (½) the rank differential to the next higher rank. For example, a Police Officer would receive Police Officer’s pay plus one half (½) of the then current rank differential to Sergeant as said Police Officer’s base rate. This special base rate category shall be effective for all ranks in the bargaining unit and shall be referred to as “Senior Officer Status”. During calendar year 2008 “Senior Officer Status” shall be paid to all Employees consistent with the prior contract.
ARTICLE XIX
LONGEVITY 19.1 The Longevity schedule listed below shall remain in effect for all Employees hired prior to the date of execution of the January 1, 1995 through December 31, 1997 Agreement.
3 to 5 years of service 1%
6 to 8 years of service 2%
9 to 11 years of service 3%
12 to 14 years of service 4%
15 to 20 years of service 5%
21 to 22 years of service 6%
23 years of service and over 8%
19.2 The longevity schedule listed below shall be applicable to all new Employees hired subsequent to the date of execution of the January 1, 1995 to December 31, 1997 Agreement.
6 to 8 years of service 1%
9 to 11 years of service 2%
12 to 14 years of service 3%
15 to 17 years of service 4%
18 to 20 years of service 5%
21 to 22 years of service 6%
23 years of service and over . . . . . . . . . . . . . . . 8%
19.3 The longevity schedule listed below shall be applicable to all new Employees hired subsequent to July 1, 2008:
6 to 8 years of service 1%
9 to 11 years of service 2%
12 to 14 years of service 3%
15 to 17 years of service 4%
18 to 20 years of service 5%
21 years of service and over 6%
19.4 The longevity schedule listed below shall be applicable to all new Employees hired subsequent to January 1, 2012:
9 to 11 years of service 1%
12 to 14 years of service 3%
15 to 17 years of service 4%
18 to 20 years of service 5%
21 years of service and over 6%
19.5 The above longevity payments shall be included in determining pension benefits.
19.6 The longevity entitlements listed in this Article shall be effective on the first day of the year noted for all Employees as of January 1, 2008. For all Employees on or after January 1, 2008, the longevity entitlement shall be effective upon completion of the year of service. For example, an incumbent Employee will receive the higher level of benefit commencing with the first day of said Employee’s twenty-first (21st) year of service. A new Employee (hired after January 1, 2008) shall receive the higher level of benefit upon completion of the twenty-first (21st) year of service. ARTICLE XX
MISCELLANEOUS BENEFITS 20.1 The work schedule for all Employees covered by this Agreement shall be posted by the employer six (6) months in advance at all times.
20.2 The Borough shall pay to an Employee the sum of Four Dollars ($4.00) per day as expenses, if off duty, while an Employee is attending Bergen County Police Academy (other than a new Employee going through basic training). This pertains to all advanced courses during time off.
20.3 There shall be two-man patrol between sunset and sunrise and if manpower permits.
20.4 The Borough will provide payment of all hospitalization plans for retired members and their family (wife and each child under eighteen (18) years of age).
20.5 Higher education or college program commencing January 1, 1977:
a. In addition to his base salary, any officer who is the recipient of a master’s Degree shall receive Fifteen Hundred ($1,500.00) Dollars annually. The recipient of a Bachelor’s Degree shall receive Twelve Hundred ($1,200.00) Dollars annually; and the recipient of an Associate degree (or the equivalent) shall receive Six Hundred Eighty ($680.00) Dollars annually. All incentive payable commencing January 1 of the year thereafter.
b. Once an Associate, Bachelor or Master’s Degree has been earned, payments for each shall continue permanently throughout the Officer’s career with the Department.
20.6 Technical Training Program commencing January 1, 1977 - Department officers completing Technical Police training Programs shall be eligible for additional compensation to the extent indicated hereinafter:
a. All Technical training hours credits shall be compensated at the rate of Twenty ($20.00) Dollars for every thirty-five (35) hours of such training.
b. All courses offered at accredited police academies shall be eligible for incentive pay credit.
20.7 Cardiopulmonary Resuscitation (CPR) - Each Employee hired after January 1, 1989, covered by this Agreement who is required to obtain an initial Cardiopulmonary Resuscitation (CPR) certification shall be compensated in the amount of $125.00 upon satisfactory completion of the course. Effective and retroactive to January 1, 1989, any Employee covered by this Agreement who is required to obtain re-certification or attend refresher courses shall be paid a sum equal to one and one-half (1½) times his then applicable rate of pay for each hour of attendance provided the Employee shall have taken the course on his own time and not on police time. Payment thereof shall be made upon completion of the re-certification and/or refresher courses.
20.8 Consistent with the principle fair day’s work for a fair day’s pay, and consistent with the Employee’s Welfare in regard to safety, health and sustained effort, the parties agree to cooperate with efforts to increase Employee effectiveness and productivity, provided that disputes concerning proper workload assignments shall be subject to the grievance procedure of this contract.
20.9 The parties agree to cooperate with encouraging Employees afflicted with alcoholism or drug addition to undergo a program directed to their rehabilitation.
20.10 Job Openings - The Employer shall advise the Local of all job openings for promotion and/or transfer to the higher classifications covered by this Agreement. The Employer shall post any such job openings and provide as much notice as reasonably possible in advance of filing the position.
ARTICLE XXI
OFF DUTY POLICE ACTION 21.1 Since all Police Officers are presumed to be subject to duty twenty-four (24) hours per day, the parties agree that any action taken by a member of the force on his time off, which would have been taken by an officer on active duty, if present or available, shall be considered as police action as if he were on active duty.
21.2 Recognizing that the Employer and its resident benefit from the additional protection afforded them by off duty Police Officers, and further recognizing the weighty responsibility and hazards confronting each off duty officer, the employer agrees to pay such Employees an additional sum to be added to the regular and periodic payments the Employees receive in the following amount: One ($1.00) dollar per year which shall be considered as part of the base annual wage.
ARTICLE XXII
WORK IN HIGHER RANK 22.1 In the patrol division only, on occasions where a superior officer is not present, a patrol officer shall be designated as Officer in Charge of the tour. The Officer in Charge will be responsible for the tour. The Officer in Charge will be paid an nine percent (9%) increase over what he or she would have earned for that tour of duty.
ARTICLE XXIII
REPLACEMENTS
No full time Employee covered by this Agreement shall be replaced by any non-Police Officer, part time or other personnel.
No post presently filled by a full time Employee covered by this Agreement shall be covered by any non-Police Officer, part time or other personnel.
ARTICLE XXIV
AGENCY SHOP 24.1 Any permanent Employee in the bargaining unit on the effective date of this Agreement who does not join the Union within thirty (30) days of initial employment with the unit, and any permanent Employee previously employed within the unit who does not join the Union within (10) days of re-employment, pay a representation fee to the Union by automatic payroll deduction. The representation fee shall be in an amount equal to eighty-five percent (85%) of the regular Union membership dues, fees, and assessments as certified to the Employer by the Union. The Union may revise its certification of the amount of the amount of the representation fee at any time to reflect changes in the regular entitlement to the representation fee shall continue beyond the termination date of this Agreement so long as the Union remains the majority representative of the Employees in the unit, provided that no modification is made in this provision by a successor agreement between the Union and the Employer.
24.2 The Union agrees that it will indemnify and save harmless the Borough against any and all actions, claims, demands, losses or expenses (including reasonable attorneys’ fees) in any matter resulting from action taken by the Borough at the request of the Union under this Article.
ARTICLE XXV
TERM AND RENEWAL 25.1 This Agreement shall have a term from January 1, 2012 through December 31, 2014. If the parties have not executed a successor Agreement by December 31, 2014 then this Agreement shall continue in full force and effect until a successor Agreement is executed. Negotiations for a successor Agreement shall be in accordance with the Rules of the Public Employment Relations Commission.
ARTICLE XXVI 26.1 The provisions of this Agreement shall be subject and subordinate to, and shall not annul or modify existing applicable provisions of the State and Local laws.
26.2 If any provision of this Agreement or any application of this Agreement to any Employee, member or group of Employees or members is held to be invalid by operation of law, by any Court, administrative body or other tribunal of competent jurisdiction, all other provisions and applications contained herein shall continue in full force and effect, and shall be unaffected thereby.
Witness or Attest: BOROUGH OF ELMWOOD PARK
Borough Clerk Richard A. Mola, Mayor
ASSOCIATION, LOCAL 185,
ELMWOOD PARK POLICE DEPARTMENT
David Meyers
APPENDIX A Patrol Officers Hired Before January 1, 2002
| Patrol Officer | Effective
01/01/2012 | Effective
01/01/2013 | Effective
01/01/2014 |
| Patrolman | 119,984 | 122,324 | 124,709 |
| Sergeant | 130,782 | 133,333 | 135,933 |
| Lieutenant | 141,245 | 143,999 | 146,807 |
| Captain | 152,545 | 155,519 | 158,552 |
| Deputy Chief | 164,748 | 167,961 | 171,236 |
Effective January 1, 2008, A rank differential of nine percent (9%) shall exist between the top base pay of Patrolman and the base pay of Sergeant; eight percent (8%) rank differential between the top base pay of Sergeant and the top base pay of Lieutenant; and eight percent (8%) rank differential between the top base pay of Lieutenant and the top base pay of Captain, and eight percent (8%) rank differential between the top base pay of Captain and the Deputy Chief.
Effective and retroactive to January 1, 1990 every member of the bargaining unit who is assigned to a rotation which includes the 11:00 PM to 7:00 AM shift shall receive a shift differential payment in the amount of $450.00 in addition to their regular salary, provided the officer works a minimum of two (2) rotations of the 11:00 PM to the 7:00 AM shift.
Effective and retroactive to January 1, 1998, those members who qualify for the shift differential payment provided in Appendix A, upon the commencement to their fourth year of service to the Borough and thereafter, will receive an additional shift differential payment of $300.00 for a total shift differential payment of $750.
Detective Salary Differential - Effective and retroactive to January 1, 1989, Detective Patrolmen or Detective Sergeants shall receive their base salary plus the sum of $450.00 for one (1) to three years service, and their base salary plus the sum of $750.00 commencing with the fourth year of service in that capacity.
APPENDIX B
Patrol Officers Hired After January 1, 2002
| Patrol Officer | Effective
01/01/2012 | Effective
01/01/2013 | Effective
01/01/2014 |
| Academy | $29,771 | $30,352 | $30,944 |
| Until Completion of 1st year | 41,481 | 42,290 | 43,115 |
| Start of 2nd yr. | 69,750 | 71,110 | 72,497 |
| Start of 3rd yr. | 79,228 | 80,773 | 82,348 |
| Start of 4th yr. | 88,703 | 90,432 | 92,196 |
| Start of 5th yr. | 98,129 | 100,042 | 101,993 |
| Start of 6th yr. | 105,414 | 107,470 | 109,565 |
| Start of 7th yr. | 112,698 | 114,895 | 117,136 |
| Start of 8th yr. | 119,984 | 122,324 | 124,709 |
| Sergeant | 130,782 | 133,333 | 135,933 |
| Lieutenant | 141,245 | 143,999 | 146,807 |
| Captain | 152,545 | 155,519 | 158,552 |
| Deputy Chief | 164,748 | 167,961 | 171,236 |
Effective January 1, 2008, A rank differential of nine percent (9%) shall exist between the top base pay of Patrolman and the base pay of Sergeant; eight percent (8%) rank differential between the top base pay of Sergeant and the top base pay of Lieutenant; and eight percent (8%) rank differential between the top base pay of Lieutenant and the top base pay of Captain, and eight percent (8%) rank differential between the top base pay of Captain and the Deputy Chief.
Effective and retroactive to January 1, 1990 every member of the bargaining unit who is assigned to a rotation which includes the 11:00 PM to 7:00 AM shift shall receive a shift differential payment in the amount of $450.00 in addition to their regular salary, provided the officer works a minimum of two (2) rotations of the 11:00 PM to the 7:00 AM shift.
Effective and retroactive to January 1, 1998, those members who qualify for the shift differential payment provided in Appendix A, upon the commencement to their fourth year of service to the Borough and thereafter, will receive an additional shift differential payment of $300.00 for a total shift differential payment of $750.
Detective Salary Differential - Effective and retroactive to January 1, 1989, Detective Patrolmen or Detective Sergeants shall receive their base salary plus the sum of $450.00 for one (1) to three years service, and their base salary plus the sum of $750.00 commencing with the fourth year of service in that capacity.
APPENDIX C
Patrol Officers Hired After August 1, 2004
| Patrol Officer | Effective
01/01/2012 | Effective
01/01/2013 | Effective
01/01/2014 |
| Academy | $29,771 | $30,352 | $30,944 |
| Until completion of 1st year | 41,048 | 41,849 | 42,665 |
| Start of 2nd yr. | 52,323 | 53,343 | 54,383 |
| Start of 3rd yr. | 63,599 | 64,840 | 66,104 |
| Start of 4th yr. | 74,876 | 76,336 | 77,825 |
| Start of 5th yr. | 86,980 | 88,676 | 90,405 |
| Start of 6th yr. | 97,427 | 99,327 | 101,264 |
| Start of 7th yr. | 108,806 | 110,928 | 113,091 |
| Start of 8th yr. | 119,984 | 122,324 | 124,709 |
| Sergeant | 130,782 | 133,333 | 135,933 |
| Lieutenant | 141,245 | 143,999 | 146,807 |
| Captain | 152,545 | 155,519 | 158,552 |
| Deputy Chief | 164,748 | 167,961 | 171,236 |
Effective January 1, 2008, A rank differential of nine percent (9%) shall exist between the top base pay of Patrolman and the base pay of Sergeant; eight percent (8%) rank differential between the top base pay of Sergeant and the top base pay of Lieutenant; and eight percent (8%) rank differential between the top base pay of Lieutenant and the top base pay of Captain, and eight percent (8%) rank differential between the top base pay of Captain and the Deputy Chief.
Effective and retroactive to January 1, 1990 every member of the bargaining unit who is assigned to a rotation which includes the 11:00 PM to 7:00 AM shift shall receive a shift differential payment in the amount of $450.00 in addition to their regular salary, provided the officer works a minimum of two (2) rotations of the 11:00 PM to the 7:00 AM shift.
Effective and retroactive to January 1, 1998, those members who qualify for the shift differential payment provided in Appendix A, upon the commencement to their fourth year of service to the Borough and thereafter, will receive an additional shift differential payment of $300.00 for a total shift differential payment of $750.
Detective Salary Differential - Effective and retroactive to January 1, 1989, Detective Patrolmen or Detective Sergeants shall receive their base salary plus the sum of $450.00 for one (1) to three years service, and their base salary plus the sum of $750.00 commencing with the fourth year of service in that capacity.
APPENDIX D
Patrol Officers Hired After June 1, 2008
| Patrol Officer | Effective
01/01/2012 | Effective
01/01/2013 | Effective
01/01/2014 |
| Academy | $29,771 | $30,352 | $30,944 |
| Until completion of 1st year | 41,048 | 41,849 | 42,665 |
| Start of 2nd yr. | 52,323 | 53,343 | 54,383 |
| Start of 3rd yr. | 56,832 | 57,940 | 59,070 |
| Start of 4th yr. | 65,853 | 67,137 | 68,446 |
| Start of 5th yr. | 74,873 | 76,333 | 77,822 |
| Start of 6th yr. | 83,894 | 85,530 | 87,197 |
| Start of 7th yr. | 92,914 | 94,726 | 96,573 |
| Start of 8th yr. | 101,934 | 103,921 | 105,948 |
| Start of 9th yr. | 110,954 | 113,118 | 115,324 |
| Start of 10th yr | 119,984 | 122,324 | 124,709 |
| Sergeant | 130,782 | 133,333 | 135,933 |
| Lieutenant | 141,245 | 143,999 | 146,807 |
| Captain | 152,545 | 155,519 | 158,552 |
| Deputy Chief | 164,748 | 167,961 | 171,236 |
Effective January 1, 2008, A rank differential of nine percent (9%) shall exist between the top base pay of Patrolman and the base pay of Sergeant; eight percent (8%) rank differential between the top base pay of Sergeant and the top base pay of Lieutenant; and eight percent (8%) rank differential between the top base pay of Lieutenant and the top base pay of Captain, and eight percent (8%) rank differential between the top base pay of Captain and the Deputy Chief.
Effective and retroactive to January 1, 1990 every member of the bargaining unit who is assigned to a rotation which includes the 11:00 PM to 7:00 AM shift shall receive a shift differential payment in the amount of $450.00 in addition to their regular salary, provided the officer works a minimum of two (2) rotations of the 11:00 PM to the 7:00 AM shift.
Effective and retroactive to January 1, 1998, those members who qualify for the shift differential payment provided in Appendix A, upon the commencement to their fourth year of service to the Borough and thereafter, will receive an additional shift differential payment of $300.00 for a total shift differential payment of $750.
Detective Salary Differential - Effective and retroactive to January 1, 1989, Detective Patrolmen or Detective Sergeants shall receive their base salary plus the sum of $450.00 for one (1) to three years service, and their base salary plus the sum of $750.00 commencing with the fourth year of service in that capacity.
APPENDIX E
Patrol Officers Hired After January 1, 2012
| Patrol Officer | Effective
01/01/2012 | Effective
01/01/2013 | Effective
01/01/2014 |
| Academy | $29,771 | $30,352 | $30,944 |
| Until completion of 1st year | 41,048 | 41,849 | 42,665 |
| Start of 2nd yr. | 48,941 | 49,895 | 50,868 |
| Start of 3rd yr. | 56,834 | 57,942 | 59,072 |
| Start of 4th yr. | 64,727 | 65,989 | 67,276 |
| Start of 5th yr. | 72,620 | 74,036 | 75,480 |
| Start of 6th yr. | 80,513 | 82,083 | 83,684 |
| Start of 7th yr. | 88,406 | 90,130 | 91,887 |
| Start of 8th yr. | 96,299 | 98,177 | 100,091 |
| Start of 9th yr. | 104,192 | 106,224 | 108,295 |
| Start of 10th yr | 112,085 | 114,271 | 116,499 |
| Start of 11th yr. | 119,984 | 122,324 | 124,709 |
| Sergeant | 130,782 | 133,333 | 135,933 |
| Lieutenant | 141,245 | 143,999 | 146,807 |
| Captain | 152,545 | 155,519 | 158,552 |
| Deputy Chief | 164,748 | 167,961 | 171,236 |
Effective January 1, 2008, A rank differential of nine percent (9%) shall exist between the top base pay of Patrolman and the base pay of Sergeant; eight percent (8%) rank differential between the top base pay of Sergeant and the top base pay of Lieutenant; and eight percent (8%) rank differential between the top base pay of Lieutenant and the top base pay of Captain, and eight percent (8%) rank differential between the top base pay of Captain and the Deputy Chief.
Effective and retroactive to January 1, 1990 every member of the bargaining unit who is assigned to a rotation which includes the 11:00 PM to 7:00 AM shift shall receive a shift differential payment in the amount of $450.00 in addition to their regular salary, provided the officer works a minimum of two (2) rotations of the 11:00 PM to the 7:00 AM shift.
Effective and retroactive to January 1, 1998, those members who qualify for the shift differential payment provided in Appendix A, upon the commencement to their fourth year of service to the Borough and thereafter, will receive an additional shift differential payment of $300.00 for a total shift differential payment of $750.
Detective Salary Differential - Effective and retroactive to January 1, 1989, Detective Patrolmen or Detective Sergeants shall receive their base salary plus the sum of $450.00 for one (1) to three years service, and their base salary plus the sum of $750.00 commencing with the fourth year of service in that capacity. |