AGREEMENT
Between
TOWNSHIP OF ROCKAWAY
MORRIS COUNTY, NEW JERSEY
and
MORRIS COUNCIL VI, N.J.C.S.A.
(Blue Collar)
January 1, 2004 through December 31, 2008
BLUE – COLLAR TABLE OF CONTENTS ARTICLE PAGE NO.
I. RECOGNITION BC-1
II. NEGOTIATION PROCEDURES BC-2
III. ASSOCIATION REPRESENTATIVES BC-4
IV. GRIEVANCE PROCEDURES BC-5
V. NO-STRIKE PLEDGE BC-8
VI. NON-DISCRIMINATION BC-10
VII. DEDUCTION FROM SALARY BC-11
VIII. MANAGEMENT RIGHTS BC-12
IX. SALARIES AND WAGES BC-13
X. EDUCATIONAL REIMBURSEMENT BC-14
XI. TRAVEL REIMBURSEMENT BC-15
XII. HOURS AND OVERTIME BC-16
XIII. HOLIDAYS AND PERSONAL DAYS BC-20
XIV. HEALTH, MEDICAL AND LIFE INSURANCE BC-21
XV. SICK LEAVE BC-24
XVI. BEREAVEMENT LEAVE BC-28
XVII. VACATION LEAVE BC-29
XVIII. UNIFORMS BC-30
XIX. FULLY BARGAINED PROVISION BC-31
XX. SEPARABILITY AND SAVINGS BC-31
XXI. CIVIL SERVICE PROVISION BC-31
XXII. DURATION OF AGREEMENT BC-32
PREAMBLE
This agreement entered into this day of ,
2004, by and between the TOWNSHIP OF ROCKAWAY, in the County of
Morris, New Jersey, a municipal corporation of the State of New Jersey,
(hereinafter called the “Township”), and Morris Council No. 6,
N.J.C.S.A., (hereinafter called the “Association”), represents the complete and
final understanding on all bargainable issues between the Township and the
Association.
ARTICLE I RECOGNITION
The Township hereby recognizes the Association as the exclusive negotiating agent for all full-time and permanent part-time Blue Collar employees of the Township.
BC-1
ARTICLE II
NEGOTIATION PROCEDURES
1. The parties agree to enter into collective negotiation over a successor
agreement in accordance with Chapter 303, Public Laws of 1968, in a good
faith effort to reach agreement on all matters concerning the terms and
conditions of employment for all personnel in the negotiating unit for whom
the Association is authorized to negotiate in accordance with Article I,
Recognition of this Agreement. Any agreement so negotiated shall be
applicable to the aforementioned personnel, shall be reduced to writing,
shall be adopted by appropriate resolution of the Township, and shall be
signed by the Township and the Association. The signature by the
Association of the contract shall be pursuant to authorization received
from the membership and the Township reserves the right to request proof of
authorization of the membership before appending its signature to any
agreement.
2. The Association shall submit its total contract proposals to the
Township not later than October 15th and the Township shall submit its proposals to the Association not later than December 1st of the calendar year preceding the expiration of this Agreement. Such submissions of proposals shall constitute the opening of formal negotiations. In the event proposals are not received by the Township by the aforementioned date, the then current agreement shall
continue in full force and effect until a new contract is negotiated.
The Township reserves the right to present proposals of its own as
well as counter proposals to those presented by the Association; such
proposals shall be presented to the Association in writing. BC-2
3. All meetings between the parties for the purpose of negotiations shall
be scheduled based on the availability of the parties and when the parties
mutually determine that a meeting shall be scheduled during the work day,
the employees involved shall be excused from their duties and shall suffer
no loss of pay.
4. It is agreed by and between the parties that in order to
facilitate the expeditious resolution of matter in dispute without undue
delay, each side shall normally limit its negotiating committee to not more
than (4) members but not including counsel to either party.
5. The Township agrees to furnish the Association, in response
to reasonable requests made by the Association from time to time, all
available public information and data concerning the Township which the
Association may require in connection with negotiations.
6. The parties agree that during the period of negotiations and
prior to reaching an agreement, the proceedings of the negotiations shall
remain confidential and releases to news media shall be made only as
agreed upon jointly, at least until either party declares impasse.
BC-3
ARTICLE III
ASSOCIATION REPRESENTATIVES
1. Accredited representatives of the Association may enter
the Township facilities or premises at reasonable hours for the purpose
of observing working conditions or assisting in the adjustment of
grievances. When the Association decides to have its representatives
enter the Township facilities or premises, it will request such permission
from the appropriate Township representative and such permission will
not be unreasonably withheld, provided there should be no interference with
the normal operations of the Business of Township government or normal
duties of the employees.
2. One (1) Shop Steward and one (1) Alternate Shop Steward
may be appointed to represent the Association in grievances with the Township.
3. The Shop Steward or the Alternate Shop Steward of the
Association will have the right during the business day to investigate any
problems with working conditions or contract violations and/or contract related
issues without said time being deducted from his/her working time.
BC-4
ARTICLE IV
GRIEVANCE PROCEDURE
Definitions
1. The term “grievance” means a complaint by an employee that,
as to him/her, there has been inequitable, improper, or unjust
application, interpretation, or violation of this agreement.
2. An “aggrieved person” is the person or persons making the claim.
3. A “party in interest” is the person or persons making the claim
and any person(s) who might be required to take action or against whom
action might be taken in order to resolve the claim.
4. “Employee” is defined as a full-time or permanent part-time
employee represented by the Association.
5. New Jersey Civil Service Association Morris Council No. 6
Grievance Committee is the Association’s Committee on Professional
Rights and Responsibilities.
Purpose
The purpose of this procedure is to secure, at the lowest possible
level, equitable solutions to the problems which may, from time to time, arise
effecting employees of the Township, solely restricted to the terms and
conditions of this agreement and Civil Service Rules and Regulations.
Both parties agree that these proceedings will be kept as informal and
confidential as may be appropriate at any level of the procedure.
BC-5
The procedure shall be as follows:
1. An aggrieved person shall notify the Department Head in
writing of the nature of the grievance within ten (10) days of the event
giving rise to the grievance. Within five (5) days of receipt of the notice,
the Department Head shall meet with the aggrieved person and attempt
to adjust or resolve such grievance. The Department Head shall render
his decision, in writing, within five (5) days after such meeting.
2. If the grievance is not resolved to the satisfaction of the aggrieved
person, he/she may present the grievance to the Business Administrator,
in writing, within ten (10) days after receipt of the decision of the Department
Head. The notice shall set forth the nature of the grievance and the
reasons he/she is dissatisfied with the decision of the Department Head.
In the case of disciplinary action grievances, the written notice to the Business
Administrator shall be presented within ten (10) days after receipt of the
decision of the Department Head. The Business Administrator shall arrange to
meet with the aggrieved person and attempt to adjust or resolve such
grievance. The Business Administrator shall render his decision, in writing,
within ten (10) days after such meeting.
3. If such grievance is not resolved to the satisfaction of the
aggrieved person, the Association may, within fifteen (15) days after receipt
of the Business Administrator’s decision, notify the Business Administrator,
in writing, that the Association wishes to take the matter to binding
arbitration.
BC-6
A. Within ten (10) days after service of such written notice of
submission to arbitration, the Business Administrator and the Association
shall select a mutually acceptable arbitrator according to the rules and
procedures of the New Jersey State Board of Mediation. However, no
arbitration shall commence within thirty (30) days of the Business
Administrator’s decision. If during such time the grieved elects to pursue the
Civil Service appellate remedies, the matter shall be withdrawn from arbitration
and no arbitration hearing shall be held.
B. The arbitrator selected shall hold hearings promptly and
shall issue his decision not later than twenty (20) days from the date of the
close of the hearing or, if oral hearings have been waived, then from the date
the final statements and proofs on the issues are submitted to him/her. The
arbitrator’s decision shall be in writing and shall set forth his/her findings of
fact, reasoning and conclusions on the issues submitted. The decision of the
arbitrator shall be submitted to the Business Administrator and the
Association and shall be binding on the parties.
C. All the cost of the arbitration, including the costs of services of the
arbitrator, but not including any attorney’s fees, shall be borne equally by the
Township and the Association.
BC-7
ARTICLE V
NO-STRIKE PLEDGE
1. The Association convenants and agrees that during the term of
this agreement, neither the Association 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 willful absence
of any employee from his/her position, or stoppage of work or abstinence in whole or in part, from the full, faithful and proper performance of the
employee’s duties of employment), work stoppage, slowdown, walkout or other
job action against the Township. The Association agrees that such action
would constitute a material breach of this agreement.
2. In the event of a strike, slowdown, walkout or other job action, it
is covenanted and agreed that participation in any such activity by any
Association member shall entitle the Township to invoke any of the following
alternatives:
(a) Withdrawal of dues deduction privileges.
(b) Such activity shall be deemed grounds for termination
of employment of such employee or employees, subject,
however, to the application of the Civil Service Law.
3. The Association will actively discourage and will take
whatever affirmative steps are necessary to prevent or terminate any
strike, work stoppage, slowdown, walkout or other job action against the
Township.
BC-8
4. 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 law or in equity for injunction or damages
or both in the event of such breach by the Association or its members.
BC-9
ARTICLE VI
NON-DISCRIMINATION
1. There shall be no discrimination by the Township or the
Association against an employee on account of race, color, creed, sex, age, national origin, ancestry, marital status, handicap, political affiliation or association activity.
2. There shall be no discrimination, interference, restraint, or coercion by the Township or any of its representatives against any of the employees covered under this agreement because of his or her membership or non-membership in the Association or because of any lawful activities by such employee on behalf of the Association. The Association, its members and agents, shall not discriminate against, interfere with, restrain or coerce any employees covered under this Agreement who are not members of the Association.
BC-10
ARTICLE VII
DEDUCTION FROM SALARY
1. The Township agrees to deduct from the salaries of its
employees subject to this Agreement dues for the Association. Such
deductions shall be made in compliance with Chapter 310, Public Laws
of 1967, N.J.S.A. (R.S.) 52:14-15.9 (e), as amended. Said monies together
with records of any corrections shall be transmitted to the Association
treasurer on the tenth (10th) working day after the last payroll paid for
the prior month.2. If during the life of this Agreement there shall be any change
in the rate of membership dues, the Association shall furnish to the Township
written notice thirty (30) days prior to the effective date of such change.
3. The Association will provide the necessary check-off authorization
form and the Association will secure the signature of its members on the forms
and deliver the signed forms to designated Township officials. The
Association shall indemnify, defend and save the Township harmless against
any and all such claims, demands, suits or other forms of liability that may
arise out of or by reason of action taken by the Township in reliance upon
the salary deduction authorization cards submitted by the Association to
the Township.
4. The Township agrees to the continuation of a Agency Shop in
accordance with N.J.S.A. 34:13A-5.5.
BC-11
ARTICLE VIII
MANAGEMENT RIGHTS
1. The Township 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
Constitution of the State of New Jersey and of the United States, including but
not without limiting the generality of the foregoing, the following rights:
(a) To the executive management and administrative control of the
Township government and its properties and facilities and the activities of
its employees.(b) To hire all employees and subject to the provisions of law, to
determine their qualifications and conditions for continued employment
or assignment and to promote and transfer employees.
[c} To suspend, demote, discharge or take other disciplinary action
for good and just cause according to law.
2. Nothing contained herein shall be construed to deny or restrict
the Township of its powers, rights, authority, duties and responsibilities
under R.S. 40 and R.S. 11 or any other national, state, county, or local
laws or ordinances.
3. Management will post a notice on all municipal bulletin boards
whenever a vacancy in an existing position occurs or whenever a new position
is established. In addition, this same notification shall be forwarded to each
Shop Steward in each unit. Such notice is intended to alert employees of an
available position within the Township. BC-12
ARTICLE IX
SALARIES AND WAGES
1. There will be a 3.90% (three and nine tenths percent) across-the-board increase on base salaries, retroactive to January 1, 2004. Effective January 1, 2005, there shall be a 3.85% (three and eighty-five hundredths percent) across-the-board increase on base salaries, compounded. Effective January 1, 2006 there shall be a 3.85% (three and eight-five hundredths percent) across-the-board increase in base salaries, again compounded. Effective January 1, 2007 there shall be a 3.85% (three and eighty-five hundredths percent) across-the-board increase in base salaries, again compounded. Effective January 1, 2008 there shall be a 3.75% (three and three quarter percent) across-the-board increase in base salaries, again compounded.
2. Any alleged salary inequities which may result from inaccurate
Civil Service job descriptions will be dealt with on an individual employee
basis through desk audits.
BC-13
ARTICLE X EDUCATIONAL REIMBURSEMENT
The Township shall reimburse employees for educational costs provided:
1. The employee receives prior approval from the Township, which
shall not unreasonably be denied;
2. The educational course is related to the employee’s job;
3. For non-academic educational programs, the issuance of CEU’s a Certificate of Completion, or a Pass Certificate is required for Municipal Reimbursement.
4. For college courses, an employee must receive a grade equivalent to a “B” or better.
Reimbursement shall include tuition and ancillary costs such as
registration fees, books and any other charges by the institution providing the
education. Commutation, meals and other personal costs are the responsibility
of the employee.
BC-14
ARTICLE XI
TRAVEL REIMBURSEMENT
1. The Township shall reimburse employees for traveling costs requiring use of employee’s automobile for Township business at the rate of $0.25 per mile. Employees may use their personal automobiles only if a Township vehicle is unavailable. Mileage computation will be determined from the Municipal Building or the employee’s home, whichever is less. Receipted tolls and parking expenses shall be reimbursed.
BC-15
ARTICLE XII
HOURS AND OVERTIME
1. The current work week of forty (40) hours shall continue
for the life of this Agreement.(except for Animal Control Officers who shall continue to work a thirty-five (35) hour week.
2. The current hours of Blue Collar employees shall be between
7:00am to 3:30pm, with one-half (½) hour for lunch, subject to the right of the
Administration changing these hours upon two (2) weeks notice or immediately
in the event of an emergency. Except provided herein, the Township cannot
unilaterally change these employees’ hours of employment without first
fulfilling its obligation to collectively negotiate over this term and condition of
employment.
3. Employees who work in excess of forty (40) hours in a paid status shall receive time and one-half (1-1/2) for authorized overtime, except for Animal Control Officer, thirty-five (35) hours shall apply. Paid status for the purposes of this Contract shall include any absence from work by an employee for which the employee receives monetary compensation from the Township, as though the employee actually worked. It includes Sick, Holiday, Vacation, Bereavement, Personal or leave of absence with pay. Such overtime shall be compensated for at the rate of time and one-half (1-1/2). Any overtime worked on Sunday or holidays shall be compensated for at the rate of double time.
BC-16
4. An overtime hour will be determined on the basis of anything in excess of fifteen (15) minutes in one-half (1/2) hour intervals for overtime compensation.
5. Employees who work a regular work schedule after 6:00p.m. will receive a ten percent (10%) shift differential or shall receive a scheduled adjustment mutually agreed to by the employee and employee’s Director. Any employee, who works a regular work schedule after 6:00p.m; shall do so on a voluntary basis. That is, the Director shall only assign employees that have volunteered for this work schedule.
6. Employees covered by this agreement shall receive a minimum of four (4) hours pay at the overtime rate enumerated in #3, if called or recalled back to work, provided that the employer shall have the right to retain the employee for the minimum period.
5. Meal money will be increased from Eight Dollars ($8.00) per
meal to Ten Dollars ($10.00) and shall be paid to any employee working two (2) or more consecutive hours of overtime, before or after completing eight (8) consecutive hours, and once again every eight (8) consecutive hours of overtime worked thereafter. Meal money allowance shall be submitted by the Supervisor within that pay period and reimbursement is to be included in the Employee’s next regular pay schedule. The meal money increase shall be retroactive to January 1, 2004.
8. Municipal Utility Employees shall receive three (3) hours paid overtime for Saturday and three (3) hours paid overtime for Sunday for Regular Maintenance and Inspection Duty of facilities during the duration of this agreement.
BC-17
A. In addition to #8 above, the Municipal Utility Employee assigned the Regular Maintenance and Inspection Duty shall receive One Hundred and Seventy Five Dollars ($175.00) Dollars, effective January 1, 2004; One Hundred Eighty Dollars ($180.00) effective January 1, 2005; One Hundred Eighty-Five Dollars ($185.00) effective January 1, 2006; One Hundred Ninety Dollars ($190.00) effective January 1, 2007; One Hundred Ninety Five Dollars ($195.00) effective January 1, 2008 for the inconvenience of being on 24-hour call.
B. In the event the employee assigned to the Regular Maintenance and Inspection Duty is called in during the duty for emergency work, the employee shall receive a minimum of four (4) hours pay, provided the employer has the right to retain the employee for the minimum period. In the event the Regular Maintenance and Inspection Duty falls on a scheduled holiday, the employee shall receive one (1) day’s compensation.
9. Road Division overtime shall be delegated in accordance with the employee’s seniority on a rotating basis. If an employee refuses to work, he or she shall be placed on the bottom of the seniority list. Failure to contact an employee shall not constitute refusal.
10. The Operator of a sanding, salting or plowing vehicle shall be paid a minimum, at the rate of Senior Road Repairer. (This shall be at his/her equivalent salary level).
11. Any employee called in for four (4) or more hours of emergency duty shall receive the overtime rate enumerated in #3 and shall be paid from the time of call out when said emergency goes thru the normal work day. Premium pay is effective until the emergency duty is complete. BC-18
12. Any employee covered under this agreement, that is required to posses a Commercial Drivers License (CDL), shall receive two (2) hours off from work to renew the (CDL). This shall be granted without being charged time off.
BC-19
ARTICLE XIII
HOLIDAYS AND PERSONAL DAYS
1. There shall be twelve (12) paid holidays accorded to each employee
in this bargaining unit. The following shall be observed by the Township as
official holidays:
New Year’s Day Martin Luther King Day
President’s Day Good Friday
Memorial Day Independence Day
Labor Day Columbus Day
Veteran’s Day Thanksgiving Day
Day After Thanksgiving Christmas Day
If a holiday falls on a Saturday, it shall be observed on the preceding
Friday.
If a holiday falls on a Sunday, it shall be observed on the following Monday.
2. In addition to receiving pay for the above holidays, employees shall
be granted five (5) personal days with pay during each year of this three (3)
year contract. Personal days may be carried over from year to year in
accordance with the procedures established for the carry over of vacation
time as set forth in Article XVII, Vacation.
3. In addition to the enumerated holidays, the employees shall
receive any special unscheduled federal, state, or local holidays declared by
The President, the Governor or the Mayor on a one-time basis.
BC-20
ARTICLE XIV
HEALTH, MEDICAL, LIFE INSURANCE, AND OTHER BENEFITS
1.The following is a list of those health, medical, dental, vision, disability,
prescription and life insurance benefits provided by the Township under the
collective bargaining agreement:
A. The Township, at its expense shall provide for all employees,
their spouses and eligible dependents enrollment in the New Jersey State
Health Benefits Program effective April 1, 1998, including major medical and
Rider J coverage and the Township shall continue to provide the existing, dental, vision, disability, prescription and life insurance presently in existence. The foregoing benefits and enrollment in the NJ State Health Benefits Plan shall remain in effect without change except through written agreement of the Association.
B. Effective the first full month following full authorization of this agreement
by both parties, Morris Council VI members shall continue to contribute a
co-payment of $15.00 per month, not taxable, toward the New Jersey State Health
Benefits premium for spouse and/or dependent coverage, provided all Township
employees covered under the same Health Benefits and receiving the same coverage,
pay the same amount at the same date which is no less than coverage provided by
the existing coverage. The co-pay for State Health Benefits Program (for dependent coverage only) will increase from $15.00 to $35.00 per month payroll deduction, provided it is concurrently implemented and agreed by both Morris Council VI and the FOP #31. There will be no retroactive charge to employees.
BC-21 2. Health benefits shall continue upon retirement and the employer will assume the entire cost, including all of the benefits referred to in this Article XIV, Section A, for retirees who meet one of the three following criteria:
(a). One must have at least twenty-five (25) years in the State Pension
Plan and must be at least fifty-five (55) years of age.
(b). One must have fifteen (15) years of service with the Township of
Rockaway and be at least sixty-two (62) years of age.
(c). One must be retired on disability within a state administered
pension plan or any retirement covered in Chapter 88 Laws of 1974.
Present practices shall continue concerning the foregoing payment.
3. A surviving spouse and/or eligible dependents, at the expense of the
Township shall continue to receive all of the benefits referred to in this
Article XIV if the Retired employee dies. (See attached Side Bar Agreement).
4. Employees enrolled in the Medicare Program will be reimbursed for the cost of
Medicare Part B, by the Township upon presentation of proof that
such cost has been paid by the employee.
5. Should the State of New Jersey enact into a Law an “Opt-Out”
provision for those Municipalities Adopting a Flexible Spending Account
Program, all Employees and Retirees will be entitled to participate in the
Program without regard to any pre-existing conditions.
6. The comprehensive health, medical, life insurance and other benefit
programs currently in existence will continue without change except
through written agreement of the Association. BC-22
7. New Employees hired after January 1, 1999 will be required to co-pay for health benefits upon retirement if they desire continuation of such benefits at the same rate as active employees.
8. New employees hired after December 31, 2003 shall co-pay 50% (fifty percent) for ancillary medical package (vision, prescription, dental) through payroll deduction. Administration agrees not to retroactively charge employees hired prior to the signing of this Contract. Effective at the signing of this Contract, payroll deductions for the ancillary medical benefits will commence.
9. Effective January 1, 2005, the Prescription Plan for active employees will increase to: Mail Order = $2.00; Generic = $3.00; Brand Name = $5.00.
10. All employees requiring prescription safety glasses shall be reimbursed up to $75.00 for said prescription upon submission of receipts, which is effective upon execution of contract.
BC-23
ARTICLE XV SICK LEAVE
1. Sick leave is hereby defined to mean absence from post of duty of an
employee because of illness, accident, exposure to contagious disease,
attendance upon a member of the employee’s immediate family seriously ill
requiring the care or attendance of such employee. A certificate from a qualified
physician in attendance shall be required as sufficient proof of need of leave of
absence of the employee or the need of the employee’s attendance upon a
member of the employee’s immediate family. In case of leave of absence due to
contagious disease, a certificate from a qualified physician shall be required.
2. All employees covered under this Agreement will receive one (1) day of sick leave day per month during the first calendar year of service and fifteen (15) days in the second and all subsequent years service. All unused sick leave will be accumulative for length of service.
3. If an employee, in the line of duty, is incapacitated and unable to
work because of an injury, he shall be entitled to injury leave with full pay
during the period in which he is unable to perform his duties, as certified by
the physician designated by the Township. Such payments shall be
discontinued when an employee is placed on disability leave or pension, and
reduced by any payment received by Workers’ Compensation.
4. An employee who is ill for an extended period of time or is
incapacitated and unable to work due to non-work related injury must use all
of his accrued sick time before he is entitled to use the temporary disability
BC-24
insurance provided in Article XIV of this Agreement. Employees are not
required to use up their accrued vacation days, personal days, holidays or
other paid time off from work before they can avail themselves of this
disability benefit.
5. If an employee is absent for reasons that entitle him to sick leave,
his supervisor shall be notified prior to the employee’s starting time. The
Township shall prepare a procedure for notification that should be followed in
the event of the non-availability of the supervisor.
A. Failure to so notify his supervisor may be cause for denial of the use
of sick leave for that absence and constitute cause for disciplinary action.
B. Absence without notice for five (5) consecutive working days shall
constitute a resignation.
6. 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. (The Township may require proof of illness
of an employee on sick leave. Abuse of sick leave shall be cause for
disciplinary action).
A. In case of leave of absence due to exposure to contagious disease, a
certificate from a qualified Physician shall be required.
B. 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
BC-25
by the Township. Such examination shall establish whether the employee is
capable of performing his normal duties and that his return will not jeopardize
the health of other employees.
7. Upon cessation of employment with the Township of Rockaway,
employees with twenty-five (25) or more years of service shall receive full payment
for all unused sick time. Any employee with less than twenty-five (25) years ofservice shall receive one-half (1/2) pay for all unused sick time. These
provisions are subject to the limitations of Paragraph 7A herein.
A. Employees shall continue to be compensated for a maximum of 1,500
hours of unused Sick Time that has been accumulated by the employee, while
additional Sick hours may be accumulated the employee will not be compensated
for these additional hours in accordance with Paragraph 7, above. The employee will
be able to sell back additional hours as stated below in paragraph 8. Current
employees with more than 1,500 hours of unused Sick Time accumulated through
1998, will be permitted to cap their Sick Time at the level they will reach as of
December 31, 1998.
8. The Township agrees to continue a deferred compensation
plan, wherein excessive sick, vacation, and/or personal time may be applied thereto
or reimbursed to the employee. An employee may not sell back more than a total of
twenty five (25) accumulated days per year. The total may include any combination
of sick, vacation and/or personal time. The employee must notify the
Business Administrator, in writing, no later than November 1st of the prior year as
to how many days will sold back. Reimbursed time will be payable within
ninety (90) days after the budget is adopted by the Township Council.
BC-26
A sick leave bank of sixty (60) days must be maintained by each employee to
receive benefits cited above.
9. All new employees hired after January 1, 1999 will be allowed to accumulate Sick Time as described in Article XV. However, no payments for unused Sick Time will be paid to the employee upon resignation or retirement from employment.
BC-27
ARTICLE XVI
BEREAVEMENT LEAVE
1. Employees shall be granted four (4) days off without deduction from
pay for a death in the immediate family.
2. “Immediate family” means father, mother stepfather, stepmother,
spouse, child, foster child, stepchild, sister, brother, , mother-in-law, father-in-law, or grandparent of the employee or employee’s spouse. It shall also include relatives of the employee residing in the employee’s household.
3. One day shall be granted for aunts, uncles, nieces, nephews, grandchild, sister-in-law, brother-in-law or active co-worker. This one day shall not be charged to Sick Leave.
4. The scheduling of bereavement leave, whether before or after the day
of the funeral, shall be made in accordance with the individual needs of the
employee.
BC-28
ARTICLE XVII
VACATION
1. The following vacation schedule will be in effect for the length of this Agreement.
| First Year of Service | - | One (1) day per month of service |
| One to Five Years | - | Twelve days per year |
| Sixth Anniversary to Tenth Anniv. | - | Fifteen days per year |
| Eleventh Anniversary | - | Sixteen day per year |
| Twelfth Anniversary | - | Seventeen days per year |
| Thirteenth Anniversary | - | Eighteen days per year |
| Fourteenth Anniversary | - | Nineteen days per year |
| Fifteenth Anniv. to Twentieth Anniv. | - | Twenty days per year |
| Twenty-first Anniversary | - | Twenty-one days per year |
| Twenty-second Anniversary | - | Twenty-two days per year |
| Twenty-third Anniversary | - | Twenty-three days per year |
| Twenty-fourth Anniversary | - | Twenty-four days per year |
| Twenty-fifth Anniversary or greater | - | Maximum of Twenty-five days per year |
2. Ten (10) Vacation days per year must be used by all employees.
Employees will be allowed to carry over a maximum of seventy-five (75) unused Vacation days from year to year. Employees with more than seventy-five (75) unused Vacation days saved through December 31, 1998 will be permitted to cap their Vacation Day levels at their 1998 levels. The sell back of Vacation days does not constitute the utilization of ten (10) vacation days per year.
ARTICLE XVIII
UNIFORMS
1. Uniforms are to be supplied to all Blue Collar Employees covered by this agreement, and are subject to be replaced as needed by the Township, and maintained by the employee.
2. The following items are to be the initial uniform for new employees supplied by the Township.
A. | Four (shirts (long or short sleeve) |
B. | Four Summer shirts (long or short sleeve) |
C. | Four Tee Shirts |
D. | Four (4) Pants |
E. | One (1) Jacket |
F. | One (1) Coat |
G. | Two (2) Coveralls |
H. | Steel Toed Work Shoes shall be reimbursed up to One Hundred and Eighty Five Dollars ($185.00) per year, effective January 1, 2004; One Hundred Ninety Five Dollars ($195.00), effective January 1, 2005; Two Hundred Five Dollars ($205.00), effective January 1, 2006; Two Hundred Fifteen Dollars ($215.00), effective January 1, 2007; Two Hundred Twenty Five Dollars ($225.00), effective January 1, 2008. |
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3. Tool Allowance – Mechanics shall receive a Three Hundred and Fifty Dollar ($350.00) per annum allowance for necessary tools. Upon submission of bill(s) by the mechanics, the Township shall make payments to the mechanic for the amount of the bill(s) up to Three Hundred and Fifty ($350.00) Dollars per year.
BC-30
ARTICLE XIX
FULLY BARGAINED PROVISION
This Agreement represents and incorporates the complete and final
understanding and settlement by the parties on all bargainable issues which
were or could have been 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.
ARTICLE XX
SEPARABILITY AND SAVINGS
If any provision of this Agreement or any application of this Agreement to
any employee or group of employees is held to be invalid by operation of law or
by a court or other tribunal of competent jurisdiction, such provision shall be
inoperative but all other provisions shall not be affected thereby and shall
continue in full force and effect.
ARTICLE XXI
CIVIL SERVICE PROVISION
Nothing herein shall be construed to deny any individual his rights under
Civil Service Law and Regulation, Title 11A, and the revised Civil Service Rules,
Title IV.BC-31
ARTICLE XXII
DURATION OF AGREEMENT
1. The Agreement shall be for five (5) years commencing January 1, 2004
and terminating on December 31, 2008.
2. This Agreement shall continue in full force and effect from year to year
thereafter, unless one party or the other gives notice, in writing, no sooner than
one hundred fifty (150) days nor later than seventy-seven (77) days prior to the
expiration date of this Agreement of a desire to change, modify or terminate
this Agreement.
IN WITNESS WHEREOF, the parties hereto have hereunto set their
hands and seals at Rockaway, New Jersey, on the _____________ day of
______________________, 2001.
TOWNSHIP OF ROCKAWAY
MORRIS COUNTY, NEW JERSEY
WITNESS:
_____________________________ By:_____________________________
MORRIS COUNCIL NO.6, N.J.C.S.A.
(BLUE COLLAR EMPLOYEES)
WITNESS:
_____________________________ By:_________________________________
Betty Lisovsky, President
BC-32 |