AGREEMENT
Between
BOROUGH OF DUNELLEN
And
POLICEMEN’S BENEVOLENT ASSOCIATION (PBA) LOCAL 146
July 1, 2009 through December 31, 2012
Lindabury, McCormick, Estabrook Apruzzese, McDermott, Mastro
& Cooper, P.C. & Murphy, P.C.
53 Cardinal Drive 25 Independence Boulevard
P.O. Box 2369 P.O. Box 112
Westfield, NJ 07091 Liberty Corner, NJ 07938
Attorney for PBA Local 146 Attorneys for Borough of Dunellen
(October 3, 2011)
i
TABLE OF CONTENTS
ARTICLE DESCRIPTION PAGE NO.
I Recognition and Scope of Agreement 1
II Collective Bargaining Procedure 3
III Discrimination and Coercion 4
IV Grievance Procedure 5
V Management Rights 8
VI Wages, Hours and Overtime 10
VII Longevity 13
VIII Vacation Time 14
IX Emergency Leave 16
X Holidays 17
XI Clothing Allowance 18
XII Retention of Benefits 19
XIII Allocations and Expenses 20
XIV Firearms Qualification 21
XV Medical Coverage for Retired Members 22
XVI Dental Plan 23
XVII Personal Days 24
XVIII Compensatory Time 25
XIX Call-In Time 27
XX Posting of Schools 28
XXI Monthly PBA Meetings 29
TABLE OF CONTENTS – Cont’d.
ARTICLE DESCRIPTION PAGE NO.
XXII Inspection of Personnel Files 30
XXIII Equipment and Safety 31
XXIV Transfer and Reassignment of Officers 32
XXV College Credits 33
XXVI Sick Leave 34
XXVII Separability and Savings 35
XXVIII Terminal Leave 36
XXIX Maintenance of Work Operations 37
XXX Fully Bargained Agreement 38
XXXI Terms of Agreement 39
1
G:\Contracts\2009\Dunellen Boro and PBA Loc 146 2009.docARTICLE I
RECOGNITION AND SCOPE OF AGREEMENT
A. The Borough hereby recognizes Patrolmen’s Benevolent Association Local 146 (hereafter the “PBA”) as the sole and exclusive representative of the employees in the bargaining unit, as defined in Article I, Paragraph B, herein, for the purpose of collective bargaining.
B. The bargaining unit shall consist of all patrolmen, sergeants and lieutenants who are members of the Police Department of the Borough of Dunellen, New Jersey (hereafter the “Borough”), now employed or hereafter employed, except the Chief of Police.
C. This Agreement shall be binding upon the parties and their successors.
D. Legal Reference
1. Nothing contained in this Agreement shall alter the authority conferred by Law, Ordinance, Resolution, or Administrative code and Police Department Rules and Regulations upon Borough officials or in any way abridge or reduce such authority. This Agreement shall be construed as requiring Borough officials to follow the terms contained herein, to the extent that they are applicable, in the exercise of the responsibilities conferred upon them by law. Nothing contained herein shall be construed to deny or restrict any policeman such right as he may have under other applicable Laws and Regulations.
2. If any provision of this Agreement or any application of this Agreement to any employee or group of employees is held to be contrary to law, then such provision or application shall not be deemed valid and subsisting, except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect.ARTICLE II
COLLECTIVE BARGAINING PROCEDURE A. Collective bargaining with respect to appropriately bargainable matters shall be conducted by duly authorized bargaining agents of each of the parties.
B. Collective bargaining meetings shall be held at times and places mutually convenient at the request of either party. Requests by either party will be made directly to the chairman of the Borough Police committee, if requested by the PBA, or to the President of the PBA, if requested by the Borough.
C. Employees who may be designated by the PBA to participate in collective bargaining meetings called for the purpose of the negotiation of the collective bargaining agreement will be excused from their work assignments without loss of regular straight time pay provided, however, that not more than two (2) such employees shall be designated at any one time.
D. Additional representatives of each party, not to exceed five (5), in addition to each party’s attorney, may participate in collective bargaining meetings, if satisfactory to both parties. Not more than one (1) officer may participate in negotiations while on duty unless approved by Chief of Police. ARTICLE III
DISCRIMINATION AND COERCION A. The parties to this Agreement agree that there should be no discrimination, interference or coercion by the Borough of the PBA because of an employee’s membership or non-membership or activity in the PBA. Neither the Borough nor the PBA shall discriminate against any employee because of race, creed, color, national origin or political affiliation.
B. Policemen’s Rights
Pursuant to Chapter 85, P.L. 1977 (N.J.S.A. 34:134A-16, et seq.), the borough hereby agrees that every police officer shall have the right to freely organize, join and support the PBA and its affiliates for the purpose of engaging in collective negotiations and other concerted activities for mutual aid and protection. As a body exercising government power under the Laws of the State of New Jersey, the Borough undertakes and agrees that it shall not directly or indirectly discourage or deprive or coerce any police officer in the enjoyment of any rights conferred by Chapter 85, P.L. 1977, or other Laws of New Jersey or the Constitutions of New Jersey and the United States; that it shall not discriminate against any employee with respect to hours, wages or any terms or conditions of employment by reason of his/her membership in the PBA and its affiliates, his/her collective negotiation activities with the Borough, or his/her institution of any grievance, complaint or proceeding under this Agreement, or otherwise with respect to any terms or conditions of employment.ARTICLE IV
GRIEVANCE PROCEDURE A. To provide for the expeditious and mutually satisfactory settlement of grievances arising with respect to the interpretation of the application of this Agreement, the following shall be followed:
STEP 1: The Chief of Police shall meet with the grievant and any appropriate representatives from the PBA and the grievant’s attorney, if the grievant so immediately chooses upon submission of the grievance. The Chief shall respond in writing within ten (10) calendar days from receiving the grievance.
STEP 2: If the PBA is not satisfied with the Chief’s response in Step 1, or if no response is received within ten (10) calendar days from the Chief or his representative, then the grievance may be submitted in writing to the Police Committee. The Police Committee shall submit its response within ten (10) calendar days of receipt of such grievance.
STEP 3: If the Borough or the PBA is not satisfied with the Police Committee’s response in Step 2, or if no response is received within ten (10) calendar days from the Police Committee or its representative, then the grievance may be submitted in writing to the Mayor and Council.
Thereafter, the Mayor and Council may hold a hearing within fourteen (14) calendar days. The Borough and the PBA may have the grievant, a PBA representative, and legal counsel present during the hearing. At the hearing, witnesses shall be sworn and subject to questioning by both parties. Either party may have a stenographer present. The Mayor and Council shall render their written decision within ten (10) calendar days from the date of the hearing to the PBA and the grievant. A grievance hearing shall take place in closed session unless the grievant or the PBA has requested an open public meeting, in writing.
STEP 4: If the grievance is not resolved at Step 3, or if no written decision is received by the PBA within twenty-one (21) calendar days from the date the written grievance was submitted to the Mayor and Council in Step 3, then the grievance may be submitted to binding grievance arbitration. The party demanding arbitration shall request the New Jersey Public Employment Relations Commission or the New Jersey State Board of Mediation to appoint an arbitrator to hear the arbitration in the manner set forth in Rules and Regulations of either such agency.
1. The arbitrator shall be bound and governed by the provisions of this Agreement and restricted to the facts presented to him by those 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.
2. The parties direct the arbitrator to decide, as a preliminary question, whether he has jurisdiction to hear and decide the matter in dispute.
3. The cost of the service of the arbitrator shall be borne equally by the Borough and the PBA. Any additional cost shall be paid for by the party incurring same.
B. The time to commence any grievance shall be twenty-five (25) calendar days, in writing, from the date of the occurrence or the date he/she knew or should have known of the occurrence. Failure to pursue a grievance in a timely manner through any of the steps herein shall be deemed to be an abandonment of the grievance.ARTICLE V
MANAGEMENT RIGHTS A. The Borough hereby retains and reserves unto itself, without limitation, all powers, rights, authority, duties and responsibilities conferred upon and vested in it prior to the signing of this Agreement by the laws and Constitutions 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 municipality, its properties and facilities, and activities of its employees, personnel methods and means of the most appropriate and efficient manner possible as may from time to time be determined by the Borough.
2. To make rules of procedure and conduct; to use improved methods and equipment; to determine work schedules, shifts, and duties; to decide the number of employees needed at any particular time; and to be in sole charge of the quality and quantity of work required.
3. Management’s right to make reasonable rules and regulations as it may from time to time deem best for the purpose of maintaining order, safety and/or the effective operation of the Department after advance notice to the employees and to require compliance by the employees.
4. To hire all employees, whether permanent, temporary or seasonal, and to promote, transfer, assign or retain employees.
5. To suspend, demote, terminate, reprimand or take any other appropriate disciplinary actions against an employee for just cause according to law.
B. In the exercise of the foregoing powers, rights, authority, duties and responsibilities of the Borough, the adoption of policies, rules, regulations and practices in the furtherance therewith, shall be limited only by the specific and expressed terms hereof in conformance with the laws and Constitutions of the State of New Jersey and of the United States.
C. Nothing contained herein shall be construed to deny or restrict the Borough of its rights, responsibilities and authority under R.S. 40A:1-1, et seq., or any national, state, county or local laws or regulations.ARTICLE VI
WAGES, HOURS AND OVERTIME A. For all employees hired prior to October 3, 2011 the following salary guide shall be in effect.
| Position | 7/1/09 | 1/1/11 | 1/1/12 |
| Lieutenant | 99,344 | 101,827 | 104,372 |
| Sergeant | 90,313 | 92,570 | 94,885 |
| Patrolman A | 81,990 | 84,040 | 86,141 |
| Patrolman B | 75,007 | 75,007 | 75,007 |
| Patrolman C | 67,770 | 67,770 | 67,770 |
| Patrolman D | 61,189 | 61,189 | 61,189 |
| Patrolman E | 54,610 | 54,610 | 54,610 |
| Patrolman F | 47,375 | 47,375 | 47,375 |
| Patrolman G | 39,477 | 39,477 | 39,477 |
| Patrolman H* | 34,066 | 34,066 | 34,066 |
(Academy Step) *Patrolmen who are hired alternate route shall start at Patrolman G. Once an officer completes the Academy the officer will move to Step G.
B. For all employees hired on or after October 3, 2011 the following salary guide shall be in effect.
| Position | 9/9/11 | 1/1/12 |
| Lieutenant | 101,827 | 104,372 |
| Sergeant | 92,570 | 94,885 |
| Patrolman A | 84,040 | 86,141 |
| Patrolman B | 79,510 | 79,510 |
| Patrolman C | 74,984 | 74,984 |
| Patrolman D | 70,458 | 70,458 |
| Patrolman E | 65,932 | 65,932 |
| Patrolman F | 61,406 | 61,406 |
| Patrolman G | 56,880 | 56,880 |
| Patrolman H | 52,354 | 52,354 |
| Patrolman I | 47,828 | 47,828 |
| Patrolman J | 43,302 | 43,302 |
| Patrolman K | 38,770 | 38,770 |
| Patrolman L* | 34,250 | 34,250 |
*Patrol Officers hired alternate route shall start at Patrolman K. Once an officer completes the Academy the officer will move to Step K.
B. Hours of Work
The work day shall consist of twelve (12) hours unless changed by the Employer pursuant to the 12-hour Memorandum of Agreement. The work week shall consist of approximately forty (40) hours.
C. Overtime
1. The first hour of overtime immediately following the completion of shift shall be paid at the time and one-half (1 ½). All overtime beyond the first hour worked immediately following the completion of a shift shall be paid at time and one-half (1 ½). All extra duty shifts shall be paid at time and one-half (1 ½).
2. In the event an officer is held over for an additional shift or part thereof by the Chief or designee, the officer shall not have the option of working the full twelve (12) hour shift. Except in an emergency, no officer shall be permitted to work more than six (6) consecutive overtime hours contiguous to his/her full shift. If an officer is required to be called in early as a result of the exercise of the aforementioned option by the hold over officer, neither affected officer shall have the right to grieve any such early call-in.
D. Work in Higher Grade
Patrol officers acting in the rank of Sergeant shall be paid the base rate of pay for that rank on the following conditions:
1. For each occasion an officer acts as a Sergeant on a shift, the officer shall maintain a record of the hours worked during the year on a form provided by the Chief.
2. On November 1st of each year, except as modified below, provided the officer has worked a minimum fifteen (15) such shifts in the higher rank during that calendar year, the officer will be paid the differential between the base rates, up to a maximum of Five Hundred Dollars ($500.00) annually.
3. This payment shall be made with the holiday pay check.ARTICLE VII
LONGEVITY A. All full-time, regular police officers of the Borough are entitled to a two percent (2.0%) increase in base salary for every completed, uninterrupted five (5) years of police service, with a maximum longevity increase of ten percent (10%), which is arrived at after completion of twenty-five (25) years of police service.
1. Employees hired after July 1, 1998 shall receive the following:
a. After completion of 8 years of service – 2%
b. After completion of 12 years of service – 4%
c. After completion of 16 years of service – 6%
d. After completion of 20 years of service – 8% maximum amount
B. “Base salary” is hereby defined as the regular, straight time salary paid for the particular rank and class of police officer as reflected in the appropriate schedule of the Borough Salary Ordinance, excluding overtime and any fringe benefits.ARTICLE VIII
VACATION TIME A. The following vacation days shall be deemed earned by all regular full-time police officers for uninterrupted years of service with the Borough as indicated below. A newly appointed officer shall not be entitled to any vacation time during his/her first year of service. The year that the officer completes a full year of service shall entitle him/her to a prorated vacation for the balance of the calendar year in which he/she completed his/her one full year of service. The officer shall then be eligible to be placed on the regular vacation schedule.
Years of Service Number of Working Days
0-1 0 days
1 to 5 14 days
6 to 9 16 days
10 to 14 18 days
15 to 19 22 days
20 or more 30 days
B. Officers may select vacation entitlement as single days or in blocks of days, subject to the provisions of this Article.
C. Each officer shall select his/her vacation preference during the first three (3) months of the new year; selection shall be made on the basis of seniority, starting with the Lieutenant and continuing through the junior officer. Two (2) officers may take their vacation during any vacation period.
D. The vacation period shall commence on January 2nd, and continue through December 15 of each year. It shall consist of twenty (20) calendar day periods. Employees must make their vacation selection by April 1st, or they shall be slotted into available time, i.e. they shall lose their right to a seniority pick.
E. Officers who have not selected all of their earned vacation time in the first three months of the new year may select their remaining earned vacation time at any time before December 15 on a first-come, first-serve basis.
F. Two (2) officers may take earned vacation time during the period from December 16 through December 31 of each year. This choice shall be made on a rotating basis, starting with the first Sergeant on the list and continuing through the junior officer. No officer can take earned vacation time during this period two (2) years in a row, unless all other officers ahead of him/her in the rotation have refused it. This selection must be made and so noted on the posted vacation schedule within the first three (3) months of the new year.
G. Pursuant to the discretion of the Chief of Police, no valid vacation request shall be denied subject to Paragraph D, Article XVIII.
If the shift vacancy cannot be voluntarily filled, a regular officer shall be assigned to work from the immediate preceding shift by the shift commander. A superior officer will replace a superior officer and a patrolman will replace a patrolman unless the situation is physically impossible. Overtime shall be offered by replacement rank first. If no one volunteers, then volunteers from another rank may fill the position. This paragraph shall not be applicable for Christmas Eve, Christmas Day, New Year’s Eve, New Year’s Day and Thanksgiving Day.
H. No police officer may use a vacation day on Easter Sunday, Christmas Eve, Christmas Day, New Year’s Day or Thanksgiving Day if the use would require the involuntary assignment of another officer from the preceding shift to replace him/her.ARTICLE IX
EMERGENCY LEAVE A. A maximum of three (3) calendar days’ emergency leave either from the day of death or the day of the funeral shall be granted due to a death of a member of the immediate family. “Immediate family” shall be defined as: spouse, children or step-children, parents, step-parents, siblings, in-laws, and grandparents. The leave shall start upon notification to the officer’s superior. Emergency leave shall not be charged against vacation or compensatory time. The above days off will be granted to said officer only on his/her scheduled days of work. Any and all other emergency leave for said officer will be granted at the discretion of the Chief of Police or designee. If vacation or personal days occur during bereavement period, such days shall be rescheduled.ARTICLE X
HOLIDAYS A. All members covered by this Agreement shall be entitled to thirteen (13) paid holidays per year paid at eight (8) hours per holiday regardless of work shift. The rate of pay shall be the straight time rate in effect at the time of the holiday. The said holidays are as follows:
New Year’s Day Labor Day
Lincoln’ Birthday Columbus Day
Washington’s Birthday Election Day
Easter Sunday Veteran’s Day
Memorial Day Thanksgiving
July Fourth Christmas Day
Martin Luther King’s Birthday
B. Payment for these holidays will be made annually on the first payday in November. ARTICLE XI
CLOTHING ALLOWANCE A. All uniformed full-time police officers shall be entitled to an annual clothing allowance of $1,075.00.
B. The said clothing allowance will be used to maintain, upkeep and replace all clothing worn by the officers excluding service weapon, and all other equipment issued by the Borough.
C. The annual clothing allowance will be paid to said officers of this Department when said officers have been permanently appointed by the Borough. Said officers shall be paid in one check at the time of permanent appointment. After the said officer has been paid the annual clothing allowance upon their permanent appointment they will also receive the appropriate portion of the annual clothing allowance, for the balance of the calendar year, time between permanent appointment and the second pay day in July. Said officer shall be paid in one check by the second pay day in July.
D. If said officer has not completed one (1) full year of service at the time of his/her permanent appointment, the said officer will receive the appropriate portion of the annual clothing allowance, based on the amount of time the officer has in the Police Department.
E. The clothing and maintenance allowance shall be paid in one (1) check by the second payday in July.ARTICLE XII
RETENTION OF BENEFITS A. Except as otherwise provided herein, all fringe benefits, etc. which the employees have heretofore received, and are presently receiving, including, without limitation, leave for sickness or injury, shall be maintained and continued by the Borough during the term of this Agreement. The provisions of all Municipal Ordinances and Resolutions, policies and procedures, except as specifically modified herein, shall remain in full force and effect during the term of this Agreement and shall be incorporated in the Agreement as if set forth herein at length.
B. The Borough shall not eliminate any generalized benefit that has been continuously enjoyed by all employees for a substantial period of time without good cause. ARTICLE XIII
ALLOCATIONS AND EXPENSES A. Authorized Police Schools
All expenses to attend police schools shall be incurred by the Borough. In addition to the expenses paid for the school, the member will receive Five Dollars ($5.00) per day to cover his/her expenses for all authorized State Police Schools and Five Dollars ($5.00) per day for all authorized County Police Schools.
B. In the event that any member of this Department has to use his/her own personal vehicle to testify in any criminal or motor vehicle case pertaining to his/her employment, the member must be compensated for all expenses incurred. The officer will be compensated for mileage at the allowable I.R.S. rate.
C. In the event that any member is called or subpoenaed to testify in any criminal or motor vehicle case pertaining to his/her employment during his/her vacation time, the member must be so compensated with the vacation day(s). If it is impossible due to Article VII (Vacation Time) to use the day(s) before December 31st of that year, the vacation day(s) will be carried over to the next year. The day(s) may be taken at the officer’s discretion according to the terms of Article VIII.ARTICLE XIV
FIREARMS QUALIFICATION In the event that an officer of this Department has to qualify with his/her firearm on his/her own time, he/she will be compensated with up to eight (8) hours’ compensatory time for each and every time the officer is called upon to qualify, except as modified herein.ARTICLE XV
MEDICAL COVERAGE FOR RETIRED MEMBERS The Borough agrees to pay for the cost of Blue Cross-Blue Shield, Extended Basis Benefits, and Major Medical under Chapter 88, P.L. 1974, as amended by Chapter 436, P.L. 1981, commonly known as the New Jersey State Health Benefits Program, for all PBA members who retire with twenty-five (25) years of service in the Police/Fire Pension system.ARTICLE XVI
DENTAL PLAN A. The Borough shall furnish a dental plan for all members of the PBA. All present and future employees will become eligible for dental benefits on the first day of the month following one full month of continuous full-time employment with a minimum of forty (40) hours per week, unless otherwise approved by NJDSP.
B. The Borough retains the right to change insurance carriers so long as substantially similar benefits are provided. ARTICLE XVII
PERSONAL DAYS A. Personal days will not be convertible into compensatory time and the employee will receive, on an annual basis, five (5) personal days. Officers covered by this Agreement will be required to fill out a written request for a personal day at least twenty-four (24) hours prior to the taking of such, except in emergencies. Should an emergency arise (pressing personal business which cannot be otherwise foreseen in advance), the officer shall be entitled to take the day, provided it does not severely impact upon the operations of the Department by the creation of overtime. In such event, the officer must complete the request for personal leave form within three (3) days of his return to work. Effective January 1, 2003, 2 of the 5 personal days may be used on an emergent basis regardless of overtime placations. Effective January 1, 2011 all 5 personal days may be taken at any time regardless of the impact on the schedule and they may be requested at any time.
B. Any unused personal days shall be paid for at straight time, no later than the second pay period of the following fiscal year (second pay period of fiscal year, etc.) at eight (8) hours pay regardless of work schedule. ARTICLE XVIII
COMPENSATORY TIME A. Effective upon the signing of this Agreement, but no later than June 15th, all overtime worked shall be paid at time and one-half (1 ½). All extra duty shifts shall be paid at time and one-half (1 ½). The employee, at his/her sole discretion, may choose to take compensatory time off, in lieu of being paid for overtime. The employee may accumulate up to a maximum of two hundred forty (240) hours of compensatory time off. Compensatory time off may be carried forward from year to year, so long as the total number accumulated at any time does not exceed two hundred forty (240) hours. Effective October 3, 2011 the comp bank will be opened to carry a maximum of 300 hours in 2011, and shall be expanded to 360 hours effective January 1, 2012. The employees can only cash out two hundred forty (240) hours. Cashed out comp hours will count toward the total of 300 or 360 hours allowed per year. Upon separation from the Department officers will be able to cash out all of their unused comp time regardless of the amount. Year to year shall mean the fiscal year of July 1st to June 30th.
B. Once two hundred forty (240) hours are banked, all future or subsequent possible comp days earned must be paid for in cash at overtime rate.
C. By May 31st of any year, the police officer shall notify the Chief in writing if he/she wants to receive cash for comp time instead of carrying comp pay over.
D. Comp days cannot be scheduled in a manner that automatically creates an overtime situation. If an overtime situation develops subsequently because of a comp day having been previously approved, the comp day already approved shall not be affected or revoked. Vacation requests made after a comp day is granted will not be approved if it creates an overtime situation. Overtime situations may be created by unanticipated absences such as sick leave or bereavement.
E. Police officers may not take or use more than twenty (20) comp days in any fiscal year.
F. Two hundred forty (240) hours equates to twenty (20) days.
G. Per Annum Time – Effective January 1, 2011 all officers will receive forty-eight (48) hours per annum comp time which is in lieu of 0% for 7/1/09 to 12/31/09 and 0% for 1/1/10 to 12/31/10. These forty-eight hours will be received on October 3, 2011 and January 1, 2012 and shall be 24 hours annually, as the status quo ante, for each January 1st thereafter.
These hours can be used in the same way as regular comp time except that they cannot be cashed out at any time, nor can they be accrued over time. The per annum hours must be used prior to April 1st of the following year or the per annum hours will be lost. If an officer still has per annum time that he/she is carrying over into the following year, he/she will still receive that year’s full forty-eight hours (24 hours effective 1/1/13) of per annum time on January 1st with no penalties. These hours will be monitored separately from comp time in the accumulated time book.ARTICLE XIX
CALL-IN TIME A. Any police officer who is called into work for a municipal court appearance on his/her off-duty time will be granted a minimum of four (4) hours’ pay. Any time actually worked in excess of four (4) hours will be compensated at the rate of one (1) hour at the straight rate in cash. A minimum call-out payment is limited to those times which are non-contiguous with the front or back side of the employee’s work day. Effective July 1, 2003, non-municipal court call-out shall be a minimum of three (3) hours straight time. Effective January 1, 2010, a minimum of three (3) hours will be paid at the rate of time and one-half for any and all non continuous overtime. Continuous overtime will be paid at a rate of time and one half with no minimum.
B. The use of compensatory time is subject to the condition that no cost result to the Borough at the time of application, as per Article XVIII.ARTICLE XX
POSTING OF SCHOOLS All information received by the Chief of Police or his designated representative pertaining to police schools, seminars, etc. shall be immediately posted on the bulletin board so that all interested officers may have a fair chance to request being sent to the same by the Borough, or to make arrangements to attend same on their own time. Grievances arising under this Article shall be submitted only on the basis that the Chief of Police cited arbitrary or capricious reasons for determining that a special reason precluded the selection of the most senior applicant. All officers assigned to in-service school will follow the January 1, 2001 policy. ARTICLE XXI
MONTHLY PBA MEETINGS Pursuant to the discretion of the Chief of Police, all patrolmen who may be on duty at the time of the regular monthly PBA meeting shall be allowed to attend said meeting. All patrolmen on duty shall be in direct contact with Police Headquarters. In the event of any calls, officers shall respond directly from the meeting.ARTICLE XXII
INSPECTION OF PERSONNEL FILES A. Every police officer in this Department shall have the right to inspect his/her personnel file. Only one official file may be maintained by the Borough and only material from that file may be utilized in any proceeding against an officer. A written request shall be made to the Chief of Police forty-eight (48) hours prior to the inspection of the files. The Chief of Police may designate the Captain or Lieutenant to make the files available to the requesting officer.
B. All officers are to be given an opportunity to initial any material which is to be placed into the officer’s personnel file prior to such placement. The officer’s failure to initial the document shall not preclude the Borough from placing the material therein.
C. The Borough shall establish a verification procedure (hand delivery or certified mail, return receipt requested) so that there should be no misunderstanding as to an officer’s receipt of an official document.ARTICLE XXIII
EQUIPMENT AND SAFETY The parties shall endeavor to draft a written policy on equipment and safety mutually consented to (subject to Docket No. SN-95-57).ARTICLE XXIV
TRANSFER AND REASSIGNMENT OF OFFICERS Except in the case of extreme emergency, any police officer whose regularly scheduled shift is to be changed in order to replace another police officer who will be absent from duty for more than fourteen (14) working days, because of illness, injury, suspensions, or schools shall be given seventy-two (72) hours’ advance notice. Such notice will be given to the officer whose shift is to be changed. Reassignment of shifts for vacation periods shall apply only to the first fourteen (14) working days of vacation time as specified in Article VII. Any officer having his/her normal shift changed shall be notified in writing of the change prior to April 15 of that year. Shift changes shall be made equitable among all officers. No officer shall have his/her shift changed to affect his/her normal day off. No shift will be changed to cover absenteeism for sickness, other vacations days, schools, or personal time. No shift change shall result in an officer having to work more than eight (8) hours in a row (subject to Docket No. SN-95-57). ARTICLE XXV
COLLEGE CREDITS A sum of Seven ($7.00) Dollars per college credit shall be paid by the Borough to all full-time police officers who achieve a passing grade of “C” or better in any Police Science Course. Said credits shall be earned at any full accredited college or university.
All credits earned by July 30th shall be paid by the Borough and credited to the present year’s salary. All credits earned after July 30th shall be applied to the following year’s salary. ARTICLE XXVI
SICK LEAVE Sick leave shall be granted pursuant to existing practice. Where an employee has been out on sick leave for two (2) or more consecutive days, the Borough may require a physician’s certificate attesting to proof of illness. The employee may, at his/her option, utilize the Borough’s physician at no cost. If the employee utilizes his/her own physician, the employee shall bear the cost of the visit. If the employee is absent on a weekend he can bring the note in the next scheduled work day.
ARTICLE XXVII
SEPARABILITY AND SAVINGS
In the event that any provisions of this Agreement shall at any time be declared invalid by legislative act or any court in competent jurisdiction or through governmental regulations or decree, such decisions shall not validate the entire Agreement; the parties agree hereto that all other provisions of this Agreement not declared invalid shall remain in full force and effect.ARTICLE XXVIII
TERMINAL LEAVE A. Lieutenants hired as patrolmen prior to the signing of this Agreement shall be entitled to 60 calendar days of terminal leave provided the employee has 20 years of service with the Borough of Dunellen and at least twenty-five (25) years with the Police Fire Pension System.
B. Sergeants hired as patrolmen prior to the signing of this Agreement shall be eligible for 30 calendar days terminal leave provided the employee has at least 20 years service with the Borough of Dunellen and at least twenty-five (25) years in the Police Fire Pension System.
C. Patrolmen shall not be eligible for terminal leave.
D. Sergeants and lieutenants hired as patrolmen after March 5, 2007 and promoted after the March 5, 2007 contract signing must have at least twenty-five (25) years with the Borough of Dunellen as well as twenty-five (25) years in the Police Fire Pension System.ARTICLE XXIX
MAINTENANCE OF WORK OPERATIONS A. The PBA covenants and agrees that during the term of this Agreement, neither the PBA 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 of a police patrolman from his duties of employment), work stoppage, slowdown, walk-out or other job action against the Borough. The PBA agrees that such action would constitute a material breach of this Agreement.
B. In the event of a strike, slow-down, walk-out or job action, it is covenanted and agreed that participation in any such activity by any PBA 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 Borough in its right to seek and obtain such judicial relief as it may be entitled to have in law or in equity for injunction or damages, or both, in the event of such breach by the PBA or its members.
D. The PBA and any of its members shall have the right to picket, demonstrate or advertise as is constitutionally permitted.ARTICLE XXX
FULLY BARGAINED AGREEMENT A. This Agreement represents and incorporates the complete and final understanding and settlement by the parties of all bargainable issues which were the subject of negotiations. During the term of this Agreement, neither party will be required to negotiate with respect to any such matter, whether or not covered by this Agreement, and whether or not within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement except as required by law.
B. This Agreement shall not be modified in whole or in part by the parties except by an instrument in writing executed by both parties.ARTICLE XXXI
TERMS OF AGREEMENT A. This Agreement shall become effective on July 1, 2009 and shall terminate on December 31, 2012 and other changes/modifications shall become effective upon the signing of this Agreement by both parties or as otherwise set forth herein.
B. If either party desires to change this Agreement, it shall notify the other party in writing at least sixty (60) days prior to the expiration of this Agreement of the proposed changes and its desire to terminate this Agreement. If a desire to change this Agreement is expressed by either party, negotiations shall start on or about November 15th of that year. If a notice is not given as herein stated, this Agreement shall automatically be renewed for another year.
IN WITNESS WHEREOF, the parties have set their hands and seals this
day of .
Policemen’s Benevolent Association Borough of Dunellen
(PBA) Local 146
By: By:
Mayor Robert Seader
ATTTEST: ATTEST:
Borough Clerk/Administrator
William Robins |