A G R E E M E N T
Between
CITY OF OCEAN CITY
CAPE MAY COUNTY, NEW JERSEY
And
OCEAN CITY LIFEGUARDS ASSOCIATION
January 1, 2002 through December 31, 2004
1
TABLE OF CONTENTS
ARTICLE PAGE
PREAMBLE 1
1 ASSOCIATION RECOGNITION 2
II MANAGEMENT RIGHTS 3
III NEGOTIATIONS PROCEDURE 4
IV RULES AND REGULATIONS 5
V LEGAL REFERENCE 6
VI ASSOCIATION REPRESENTATION & MEMBERS 6
VII RETENTION OF CIVIL RIGHTS 7
VIII EXTRA CONTRACT AGREEMENT 7
IX WORK WEEK, OVERTIME 8
X INJURY LEAVE 9
XI EXCHANGE OF DAYS OFF 9
XII CLOTHING ALLOWANCE 10
XIII TIME OFF 11
XIV MILITARY LEAVE 12
XV LEGAL REPRESENTATION 12
XVI GRIEVANCE PROCEDURE 13
XVII COMMENDATION 16
XVIII WAGES & SALARY SCALE 17
XIX ELIGIBILITY TO RETURN 19
XX COURT TIME 21
XXI MUTUAL COOPERATION PLEDGE 21
XXII MISCELLANEOUS 23
XXIII SEPARABILITY & SAVINGS 25
XXIV FULLY BARGAINED AGREEMENT 25
XXV TRAINING OF ROOKIE LIFEGUARD 26
XXVI DUES DEDUCTIONS 27
XXVII DURATION 30
PREAMBLE
This Agreement entered into this 25th day of July, 2002, by and between the City of Ocean City, in the County of Cape May, a Municipal Corporation of the State of New Jersey, hereinafter called the "City", and the Ocean City Lifeguards Association, hereinafter called the "Association", represents the complete and final understanding on all bargainable issues between the City and the Association.
This Agreement is designed to maintain and improve a harmonious relationship between the City of Ocean City and the Association, and shall govern all rates of pay, wages, hours of work and other conditions of employment hereinafter set forth. This shall be through collective negotiations in order that more efficient and progressive public service may be rendered.
THIS AGREEMENT shall be binding for the following calendar years subject to the terms and conditions imposed herein: Calendar Years 2002, 2003 and 2004.
ARTICLE I
ASSOCIATION RECOGNITION
A. The City hereby recognizes the Ocean City Lifeguard Association for the purposes of collective negotiations as the exclusive representative of all seasonal Lifeguards and Medics, excluding the Deputy Fire Chief, the Operations Chief, the Senior Lifeguard Lieutenants, the Lifeguard Lieutenants, the Senior Lifeguards, and all other employees of the City.
B. References in this Agreement to "males" shall include "females" as well.
C. For purposes of interpretation of the terms and conditions of this contract, "Medic" or "Lifeguard" shall be synonymous. The only exception shall be when distinguished in the wage and salary scale. The City recognizes that only the officers of the Association are authorized to act on behalf of the Association, except that the officers may designate another to speak on behalf of the Association, by an express written authorization signed by the officer that specifies the area and duration of the authority.
ARTICLE II
MANAGEMENT RIGHTS
A. The City hereby retains and reserves unto itself, without limitation, all power, 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 without limiting the generality of the foregoing, the following rights:
1. The executive management and administrative control of the city government and its properties and facilities, and the activities of its employees;
2. To hire all employees subject to the provisions of law, to determine their qualifications and conditions for employment, or assignment, and to promote and transfer employees;
3. To suspend, demote, discharge or take other disciplinary action for good and just cause according to law.
B. The exercise of the foregoing powers, rights, authority, duties or responsibilities of the City, the adoption of policies, rules, regulations and practices and furtherance thereof, and the use of judgment and discretion in connection therewith shall be limited only by the specific and express terms of this Agreement and then only to the extent such specific and express terms hereof are in conformance with the Constitution and Laws of New Jersey and of the United States and ordinances of the City of Ocean City.
C. Nothing contained herein shall be construed to deny or restrict the City of its rights, responsibilities and authority under R.S. 40 and R.S. 11, or any other national, state, county or local laws or ordinances.
ARTICLE III
NEGOTIATIONS PROCEDURE
A. The parties agree to enter into collective negotiations over a successor Agreement in accordance with Chapter 303, Public Laws of 1968, as amended by Chapter 123, Public Laws of 1974, in a good faith effort to reach an Agreement on all matters concerning the terms and conditions of employees' employment. Such notification of negotiations shall be given not later than the following January of the date this Agreement expires. Any Agreement so negotiated shall apply to all members of the unit, be reduced to writing and signed by the City and the Association.
B. During negotiations, the City and the Association shall present relevant data, exchange points of view, and make proposals and counter-proposals.
C. Neither party in any negotiations shall have control over the selection of the negotiating representatives of the other party. The parties mutually pledge that their representatives be clothed with all power and authority to make proposals, consider proposals and make counter-proposals in the course of negotiations.
D. Should a mutually acceptable amendment to this Agreement be negotiated by the parties, it shall be reduced to writing and signed by the City and the Association.
ARTICLE IV
RULES AND REGULATIONS
A. The City agrees that it will not establish new work rules or regulations or modify or amend existing work rules or regulations governing wages, hours, or working conditions without prior consultation with the Association.
B. The City agrees to provide 20 written copies of this contract to the Association on or before Memorial Day. There shall be a mutual, cooperative effort by the City and the Association to produce and coordinate distribution of this Agreement.
C. The CITY agrees to provide a written copy of the Ocean City Beach Patrol's Operating Rules and Regulations to each new employee on or before their first day of work. There shall be a mutual, cooperative effort by the City and the Association to produce this document and distribute it to its new members.
D. The City shall at all times maintain safe and healthful working conditions and will provide employees with up-to-date wearing apparel, equipment and devices that may be reasonably necessary to ensure their safety and health.
ARTICLE V
LEGAL REFERENCE
A. Nothing contained herein shall be construed to deny or restrict to any employee such rights as he/she may have under any other applicable laws and regulations. The rights granted the employee shall be deemed to be in addition to those provided elsewhere.
B. The provisions of this Agreement shall be subject to and subordinate to and shall not annul or modify existing applicable provisions of state and local laws except as such particular provisions of this contract modify existing local laws.
ARTICLE VI
ASSOCIATION REPRESENTATIVES AND MEMBERS
A. Upon prior request and authorization of the Deputy Fire Chief, or the Operations Chief, authorized representatives of the Association shall be permitted to visit the offices of the City Administration for the purposes of investigating alleged violations of the Agreement. In no event shall there be any interference with the operations of the Beach Patrol.
B. During negotiations, the Association representatives authorized by the Association, not to exceed three (3) days, shall be excused from their normal duties for such periods of negotiations as may be agreed upon by the parties. Such excused individuals, however, shall be available for duty in the event that the need arises.
ARTICLE VII
RETENTION OF CIVIL RIGHTS
A. Members shall retain all civil rights under New Jersey State Law and under Federal Law.
ARTICLE VIII
EXTRA CONTRACT AGREEMENT
A. The City agrees not to enter into any other agreement or contract with bargaining unit members who are covered hereunder, individually or collectively, which in any way conflicts with the terms and provisions of this Agreement.
ARTICLE IX
WORK WEEK, OVERTIME
A. The present working hours per week shall be continued in effect.
B. All employees upon being personally notified of an emergency shall report to work within 30 minutes.
C. Any employee being recalled for an emergency shall be guaranteed a minimum of two hours at time and one-half the employee's regular rate of pay.
1. Any guard recalled for an emergency shall have the right to retain a partner for assistance as determined and approved by the Deputy Fire Chief, or the Operations Chief.
D. All employees shall notify the Deputy Fire Chief or the Operations Chief, where they can be reached in case of an emergency.
E. Any employee, who works past the beach closing time (currently 5:30 p.m.) at the request of the Deputy Fire Chief or the Operations Chief, may be entitled to overtime pay as determined by the Deputy Fire Chief or the Operations Chief on the following basis:
0 - 15 minutes no compensation
16 - 30 minutes .5 hour compensation
31 - 60 minutes 1 hour compensation
Thereafter, all overtime will be administered in .5 hour increments.
ARTICLE X
INJURY LEAVE
A. If an employee is incapacitated and unable to work because of a job-related injury or illness, he/she shall be entitled to injury leave with full pay during the period in which he/she is unable to perform his/her assigned duties, not to exceed the duration of the summer season within which the injury occurs, as mutually certified by the employee's doctor and the City doctor.
B. The City agrees to allow a Lifeguard Lieutenant or a Medic to accompany an injured or ill member of the Ocean City Beach Patrol to an appropriate medical facility or to the City doctor, in strict accordance with the City's standard policy toward Worker's Compensation injuries, and in accordance with all State Laws governing Worker's Compensation.
ARTICLE XI EXCHANGE OF DAYS OFF
A. The Deputy Fire Chief or the Operations Chief may grant a reasonable, timely written request of any employee to exchange hours or days off. Such request shall be granted on a uniform basis with standard rules and regulations applying to all employees who make this request. Under no circumstances will employees be permitted to exchange days off if such exchange would entitle either employee to receive overtime.
ARTICLE XII
CLOTHING ALLOWANCE
A. All uniform and work clothes damaged in the line of duty shall be replaced by the City after inspection and certification by the Deputy Fire Chief or the Operations Chief.
B. All personal items that are damaged, destroyed, stolen or lost in the line of duty, which are not covered by insurance, shall be replaced by the City after inspection and certification by the Deputy Fire Chief or the Operations Chief. The City's liability shall be limited to $150.00 per incident, or $100.00 for non-prescription sunglasses, or $200.00 for prescription glasses or sunglasses.
C. To take advantage of Section B, personal articles must appear on the list of approved articles, as developed by the parties.
D. In lieu of providing rain gear, the City will reimburse the Association an amount not to exceed a total of $400, at the end of each of the 2002, 2003 and 2004 seasons, towards the cost of rain gear for each lifeguard who completes the season. The Association shall ensure that each lifeguard has a uniform set of rain gear satisfactory to the Deputy Fire Chief or the Operations Chief.
E. At the commencement of seasonal work, each lifeguard shall be provided the following items at the City's cost and expense:
1. Two white T-shirts with emblem and lettering.
2. One white canvas, full circumference-brim style hat with retaining string.
3. Two pairs of shorts.
4. Two competition-style swimsuits for each female lifeguard.
ARTICLE XIII
TIME OFF
A. Employees shall be granted time off without deductions from pay or time owed for the following reasons:
1. Death in the immediate family, from the date of death up to and including the day of the funeral, up to a maximum of five (5) days, or seven (7) days in the event of travel. The amount of time off is to be determined by the Deputy Fire Chief or the Operations Chief.
2. Immediate family shall consist of wife, husband, child, mother, father, brother, sister, step-mother, step-father, step-child, guardian, mother-in-law, father-in-law, grandmother and grandfather.
B. No time off under this Article shall be cumulative.
ARTICLE XIV
MILITARY LEAVE
A. Military Leave shall be granted pursuant to State and Federal Statutes and Regulations
ARTICLE XVLEGAL REPRESENTATION A. The City shall provide legal representation for all employees for all litigation arising as a result of actions taken by any employee in the course of their duties and within their authority as a City employee.
ARTICLE XVI
GRIEVANCE PROCEDURE
A. The purpose of this procedure is to secure, at the lowest possible level, an equitable solution to the problems which may arise affecting the terms and conditions of employment under this Agreement.
B. Nothing herein shall be construed as limiting the right of any employee having a grievance to discuss the matter informally with any appropriate member of the division.
C. The term "grievance," as used herein, means any controversy arising over the interpretation, application, or alleged violation of the terms and conditions of this Agreement, and may be raised by the Association at the request of and on behalf of an individual or the City.
D. The following constitutes the sole and exclusive method for resolving grievances between the parties covered by this Agreement, and shall be followed in its entirety unless any step is waived by mutual consent:
STEP ONE: The aggrieved employee shall institute action under the provisions hereof within five (5) calendar days after the event giving rise to the grievance has occurred, and an earnest effort shall be made to settle the differences between the aggrieved employee and his/her immediate supervisor for the purpose of resolving the matter informally. Failure to act within the said five (5) calendar days shall be deemed to constitute an abandonment of the grievance.
STEP TWO: If no agreement can be reached verbally within five (5) calendar days of the initial discussion with his supervisor, the employee may present the grievance in writing within five (5) calendar days to the Deputy Fire Chief, or his designee. The written grievance at this step shall contain the relevant facts and a summary of the preceding verbal discussion, the applicable section of the contract violated, and the remedy requested by the grievant. The Deputy Fire Chief, or his designee, will answer the grievance in writing within 10 calendar days of receipt of the written grievance.
STEP THREE: If the Association wishes to appeal the decision of the Deputy Fire Chief, such appeal shall be presented in writing to the Director of Public Safety, or his designee, within 10 calendar days. This presentation shall include copies of all previous correspondence relating to the matter in dispute. The Director of Public Safety, or his designee, shall respond in writing to the grievance within 20 calendar days of the submission.
STEP FOUR: If the Association wishes to appeal the decision of the Director of Public Safety, or his designee, it may present such appeal in writing to the Business Administrator within 15 calendar days. This presentation shall include copies of all previous correspondence relating to the matter in dispute. The Business Administrator shall issue a written decision within 30 days of receipt of the appeal. Failure of the Association to file the appeal within 15 days shall constitute an abandonment of the grievance, unless time limits are mutually extended in writing. Only those grievances relating to the express written terms of this Agreement and deemed meritorious by the Association qualify for this step.
E. The designated Association representatives shall be permitted as members of the grievance committee to confer with employees and the City on specific grievances in accordance with the grievance procedure set forth herein during work hours of employees, without the loss of pay, provided the conduct of said business shall not diminish the effectiveness of the designated representative's division or require the recall of off-duty employees, and further provided that permission is granted in advance by the Deputy Fire Chief or the Operations Chief.
F. The time limits expressed herein shall be strictly adhered to. If any grievance has not been initiated within the time limits specified, then the grievance shall be deemed to have been abandoned. If any grievance is not processed to the next succeeding step in the Grievance Procedure within the time limits prescribed herein, then the disposition of the grievance at the last preceding step shall be deemed to be conclusive. If a decision is not rendered within the time limits prescribed for a decision at any step in the Grievance Procedure, then the grievance shall be deemed to have been denied. Nothing herein shall prevent the parties from mutually agreeing to extend or contract the time limits provided for processing the grievance at any step in the Grievance Procedure.
ARTICLE XVII
COMMENDATION
A. One day compensatory time off shall be granted to an employee who has received a commendation from the Mayor.
ARTICLE XVIII WAGES AND SALARY SCALE
A. During the term of this Agreement, the rates of pay for continuous service of the Lifeguards shall be as follows:
YEARS 2002 2003 2004
LIFEGUARDS 1 8.40 8.70 9.00
2-3 8.75 9.05 9.40
4-5 9.25 9.60 9.95
6-7 9.80 10.15 10.50
8-9 10.55 10.95 11.35
10-12 11.35 11.80 12.30
13-15 12.35 12.85 13.45
16-18 12.60 13.10 13.70
19-20 12.90 13.40 14.00
21-25 13.30 13.85 14.45
MEDICS YEARS 2002 2003 2004
1 8.75 9.10 9.45
2 9.25 9.65 10.05
3 9.80 10.20 10.60
4 10.30 10.70 11.15
5 10.80 11.25 11.70
After a Medic completes their fifth (5th) year, they are then placed on the Lifeguard Scale at the 10-12 year Step.
B. All Lifeguards and Medics will retain their seniority and for each year of service will increase their seniority accordingly.
C. Each Lifeguard and Medic, who is hired to work on or before July 10th of each year, and who completes a minimum of 40 days of work during the season, will receive a stipend if they remain on staff from August 15th through Labor Day. The stipend will be equal to the total number of days worked between August 15th and Labor Day, multiplied by $12.00 in 2002, $13.00 in 2003, and $15.00 in 2004.
ARTICLE XIX ELIGIBILITY TO RETURN
A. Unless otherwise notified in writing within 90 days of completion of employment for a given year, an employee's job performance for that year shall be deemed acceptable, and that employee shall be eligible to return for the successive year's employment period at the next grade and salary level.
B. If, after the 90 day period in Section A has elapsed, the Director of Public Safety, or his designee, determines that the employee cannot be rehired for reasons other than the employee's work performance during his/her most recent employment period, the Director of Public Safety, or his designee, shall notify both the employee and the Association in writing of its inability to rehire said employee, stating the reasons why it is unable to rehire said employee.
C. The employee must notify the Deputy Fire Chief of his/her intention to return for the next summer employment period, or the uncertainty of his/her availability to return for the next summer employment period, in writing on or before May 1st. Failure to notify the Deputy Fire Chief shall be construed as an intention of the employee not to return to work, and shall cause the employee to be removed from the list of Lifeguards eligible to return for employment for that summer employment period.
D. The City will reasonably attempt to hold an employment opening for any employee who notifies the Deputy Fire Chief prior to May 1st of his/her uncertainty of availability to return for work for that summer employment period until the commencement of tryouts for the first year Lifeguards. Any employee who has notified the Deputy Fire Chief under Section C of the uncertainty of his/her availability to return for work must notify the Deputy Fire Chief prior to the commencement of tryouts for the first year Lifeguards, May 1st for returning Medics, of his/her intention to return for that summer employment period. However, no position shall be held open after the commencement of tryouts for the first year Lifeguards.
E. Reduction in work force by layoff shall be on a "last hired, first fired" basis.
ARTICLE XX
COURT TIME
A. If an employee is required to appear in court on City related business on his/her day off or time off, he/she shall be compensated according to Article IX - Overtime.
B. If an employee is required to appear in court on City related business, he/she is expected to be dressed in a suitable fashion.
ARTICLE XXI
MUTUAL COOPERATION PLEDGE
A. The Association hereby covenants 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 absence in whole or in part, from the full, faithful and proper performance of the employee's duty of employment), work stoppage, slow-down, walkout or other illegal job action against the City. The Association agrees that such action would constitute a material breach of this Agreement.
B. In the event of a strike, slow-down, walkout or job action, it is covenanted and agreed that participation in any such activity by an O.C.L.A. member shall entitle the City to invoke any of the following alternatives:
1. Withdrawal of dues deduction privileges (if previously granted).
2. Such activity shall be deemed grounds for disciplinary action, up to and including termination of employment, of such employee or employees.
C. The Association agrees that it will take or cause to be taken reasonable and prompt procedures and actions to prevent its members from participating in any strike, work stoppage, slow-down or other activity aforementioned. The Association’s actions will include publicly disavowing such activities and ordering all such members who participate in such activities to cease and desist from same immediately and to return to work along with other steps, if any, as may be necessary.
D. Nothing contained in this Agreement shall be construed to limit or restrict the City 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.
ARTICLE XXII
MISCELLANEOUS
A. All employees shall have access to their personnel files at reasonable times.
B. All employees shall be notified in writing of any reports or charges made against them. Such employees shall have the right to remain silent until they consult with an attorney, or with the O.C.L.A.
C. Employees shall be entitled to engage in outside employment during off-duty hours, provided that such employment does not conflict with their employment responsibilities as an Ocean City Lifeguard.
D. Included in the physical examination provided by the City, complaints of skin abnormalities will be noted and recommendations for possible consultation conveyed. The City agrees that skin screening is an important preventative health issue for Lifeguards and agrees to continue to explore ways with the Association to provide education and opportunity for access to regular skin screenings.
E. The City shall provide, at its cost and expense, a brand name 20-SPF (or greater) sunscreen lotion to each Lifeguard, as needed.
F. The City recognizes that the parking of lifeguard vehicles in downtown areas at the height of the summer season is problem, and resolves to work, through the Revenue Collection Division of the Department of Finance and the Director of Public Safety (or his designee), with the Association to resolve the issues of parking of lifeguard vehicles during duty hours.
G. The officers of the Association may request and may be granted an annual meeting with the Business Administrator and the Director of Public Safety (or his designee) during the summer season to review the Lifeguard Manual, and to discuss other concerns.
H. The City agrees to post all promotional openings via paper and/or electronically, in locations that are accessible to all Lifeguards. ARTICLE XXIII
SEPARABILITY AND SAVINGS
A. If any provision of this Agreement or any application of this Agreement to any employee or group of employees is held invalid by operation of law, or by a Court or other tribunal or 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 XXIV
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, 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 parties at the time they negotiated or signed this Agreement.
ARTICLE XXV
TRAINING OF ROOKIE LIFEGUARD
A. The City shall provide, at its cost, a course consisting of not less than 40 hours in Open Water Lifesaving, which meets the curriculum requirements of the United States Lifesaving Association. For successfully completing the required 40 hours of Rookie Training, the first-year Lifeguards shall be compensated at the rate of $8.40/hour for 2002, $8.70/hour for 2003, and $9.00/hour for 2004. The location for the course will be mutually determined by the City and the Association.
Anyone who does not successfully complete the required 40 hours of Rookie Training shall be compensated at the prevailing minimum wage for the hours attended.
ARTICLE XXVI
DUES DEDUCTIONS
A. The City 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. (RS 52:14-15.9(e)), as amended.
B. If, during the life of this Agreement, there shall be any change in the rate of membership dues, the Association shall furnish the City with written notice 30 days prior to the beginning of the season and shall furnish new authorizations from its members showing the authorized deduction for each employee.
C. The Association will provide the necessary "check-off authorization" form, and the Association will secure the signatures of its members on the forms and deliver the signed forms to the City Finance Director. The Association shall indemnify, defend and save the City harmless against any and all claims, demands, suits or other forms of liability that shall arise out of or by reason of action taken by the City in reliance upon salary deduction authorization cards submitted by the Association to the City of in reliance upon the notification on the letterhead of the Association and signed by the President and the Secretary of the Association, advising of such changed deduction.
D. The Association agrees that there shall be no discrimination, intimidation, restraint, coercion, harassment or pressure by it or by its officers, agents or members against any employee who refuses or fails to execute an authorization card.
E. Any such written authorization may be withdrawn at any time by the filing of notice of such withdrawal with the City Finance Director. Automatic deductions will begin at the start of the season, or at the date of hire if after July 1st, unless so notified by written authorization. The filing of “notice of withdrawal” shall be effective to halt deductions as of and filed by July 1st next succeeding the date on which notice of withdrawal is filed, in accordance with N.J.S.A. 52:14-15.9(e) as amended.
F. Any employee in the bargaining unit on the effective date of this Agreement, who does not join the Association within 30 days thereafter, and any new employee who does not join within 30 days of initial employment within the unit, and any employee who does not join within 10 days of re-entry into employment with the units shall, as a condition of employment, pay a representation fee to the Association by automatic payroll deduction. This representation fee shall be paid in an amount equal to 85% of the regular Association dues, fees and assessments, as certified to the employer by the Association. The Association may revise its certification of the amount of the representation fee at any time to reflect changes in the regular Association membership dues, fees and assessments. The Association's entitlement to the representation fee shall continue beyond the termination date of this Agreement, as long as the Association remains the majority representative of the employees in the unit, provided that no modification is made in the provision by a successor agreement between the Association and the employer.
G. The Association agrees to furnish the City a copy of its "demand and return system," which must be established and maintained by the Association in accordance with the law.
H. The Association shall indemnify, defend and save the City harmless against any and all claims, demands, suits or other forms of liability that shall arise out of or by reason of any action taken in making deductions and remitting the same to the Association, pursuant to this Article.
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