AGREEMENT
between
TOWNSHIP OF OCEAN
MONMOUTH COUNTY, NEW JERSEY
and
LOCAL NO. 701
INTERNATIONAL BROTHERHOOD OF
TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN
AND HELPERS OF AMERICA
JANUARY 1, 2004 THROUGH DECEMBER 31, 2008
TABLE OF CONTENTS
ARTICLE TITLE PAGE
Preamble 1
I Recognition 1
II Management Rights 2
III Discipline and Discharge 3
IV Union Business 4
V Maintenance of Work Operations 5
VI Representation Fee 6
VII Dues Check-Off 8
VIII Seniority 9
IX Bulletin Boards 10
X Non-Discrimination 11
XI Grievance Procedure 12
XII Wages 15
XIII Longevity 17
XIV Hours of Work 18
XV Overtime 19
XVI Vacation 21
XVII Holidays and Personal Days 23
XVIII Sick Leave 24
XIX Death in the Immediate Family 26
XX Injury Leave 27
XXI Jury Duty 28
XXII Military Leave 30
XXIII Hospitalization 31
XXIV Pensions 34
XXV Work Clothes 35
XXVI Miscellaneous 36
XXVII Separability and Savings 37
XXVIII Fully Bargained Provisions 38
XXIX Term and Renewal 39
Appendix A – Salary Schedules 40
Appendix B – Overtime Distribution Procedure 42
43
1
PREAMBLE
THIS AGREEMENT made this day of , 2005, between the TOWNSHIP OF OCEAN, MONMOUTH COUNTY, NEW JERSEY, a municipal corporation of the State of New Jersey, (hereinafter referred to as the "Township"), and LOCAL No. 701 A/W INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA (hereinafter referred to as "UNION"), represents the complete and final understanding for all bargainable issues between the Township and the Union for the term of this contract.
ARTICLE I
RECOGNITION
SECTION A. The Township of Ocean hereby recognizes Local Union No. 701 IBT pursuant to Public Employment Relations Commission, Docket No. RO-780 as amended by Docket No. RO-80-130 and Docket No. CU-84-50 as the exclusive representative for collective negotiations for all blue collar workers employed in the Department of Public Works, Divisions of Roads, Buildings and Grounds, and Mechanics of the Township of Ocean, comprising the following job classifications:Roadpersons, Mechanics, Mechanic's Helpers,
and Buildings and Grounds Workers, but excluding all other Township employees, managerial executives, professional and craft employees, policemen, clerical employees and supervisors within the meaning of the Act.
1986 Contract Revision
1992 Contract Revision
ARTICLE II
MANAGEMENT RIGHTS
SECTION A. 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 without limiting the generality of the foregoing, the following rights:
1. To exercise the executive management and administrative control of the Township government and its properties and its facilities, and the activities of its employees;
2. To hire all employees, and subject to the provisions of law, to determine their qualifications for continued employment or assignment, and to promote and transfer employees;
3. To suspend, demote, discharge, or take any other disciplinary action for good and just cause subject to Article XI, Grievance Procedure.
SECTION B. In the exercise of the foregoing powers, rights, authority, duties or responsibilities of the Township, the adoption of policies, rules, regulations and practices and the 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 the State of New Jersey and of the United States.
ARTICLE III
DISCIPLINE AND DISCHARGE
A. The Township retains its rights and responsibilities to discharge, suspend or discipline any employee for just cause.
B. Employees who are discharged or suspended shall be notified in writing of such action and the reason therefore, with a copy of such notification being given to the shop steward and a copy mailed to the local Union office within five (5) working days from the time of discharge.
C. Employees who are discharged shall be paid in full for all wages due them by the Township, including earned vacation pay in accordance with Article XVI, Section C, if any, by the next pay period following the date of discharge, provided all Township uniforms, equipment or other items issued have been returned in satisfactory condition.
D. A discharged, suspended or otherwise disciplined employee may appeal such action by the Township through the Union in accordance with Article XI, Grievance Procedure.
E. The time for the processing of a grievance concerning the subject matter noted in this Article shall commence upon receipt of the notice provided for in Section B above by either the grievant or the Union.
F. Probationary employees shall not have access to the grievance procedure for matters involving discipline or discharge.
1986 Contract Revision
1998 Contract Revision
ARTICLE IV
UNION BUSINESS
A. No Union member or officer or job steward shall conduct any Union business on Township time except as specified in this Agreement.
B. No Union meetings shall be held on Township time unless specifically authorized by the Township.
C. A representative designated by the Union shall be permitted to visit Union members on Township property for the purpose of discussing Union business, only after prior notice to the Township of the proposed visit is made, and after authorization is given by the Township (which authorization shall not be unreasonably withheld), provided that said visit will not interfere with the conduct of the Township business, or with the duties of any of its employees.
D. Upon request, the shop steward or any one of the assistant stewards shall be granted a reasonable amount of time to process grievances provided there is no interference with the conduct of Township business or with the duties of any of its employees.
1992 Contract Revision
ARTICLE V
MAINTENANCE OF WORK OPERATIONS
A. The parties agree that there shall be no lock-outs, strikes, work stoppages, job actions, or slowdowns during the life of this Agreement. No officer or representative of the Union shall authorize, instigate, or condone such activity, nor shall any employee participate in such activity. In the event employees engage in any activity prohibited by this section, the Union shall use its best efforts to terminate such activity.
B. It is understood that violation of the provisions of this Article may subject any employee participating in or condoning such activity to disciplinary action by the Township. Such disciplinary action may include termination of employment, or any other appropriate lesser form of discipline.
C. The Union agrees that it will do everything in its power to prevent its members from participating in any strike, work stoppage, slowdown, or other activity aforementioned or support any such activity aforementioned or support any such activity by any other employee or group of employees of the Township, and that the Union will in writing disavow such action and order all such members who participate in such activities to cease and desist from same immediately and to return to work, and take such other steps as may be necessary under the circumstances to bring about compliance with the Union's order.
D. Nothing contained in this Article shall limit the Township in its remedies for the prohibited activities noted herein, in law or in equity. Such remedies shall include actions in law or in equity for breach of contract and other damages in the event that the Union has authorized or failed in writing to disavow such action.
ARTICLE VI
REPRESENTATION FEE
A. Representation Fee
If an employee does not become a member of the Union during any membership year (i.e., from January 1 to the following December 31) which is covered in whole or in part by this Agreement, said employee will be required to pay a representation fee to the Union for that membership year. If the obligation to pay a representation fee as aforesaid does not commence at the beginning of a membership year, the amount of said representation fee shall be pro-rated with respect to those dues, fees and assessments that are normally pro-rated for members of the Union. The representation fee shall be in an amount equal to no more than eighty-five percent (85%) of the regular Union membership dues, fees, and assessments as certified to the Township by the Union, provided that in the event the governing statute is amended so as to either increase or decrease the permissible amount of a representation fee, this Agreement shall be deemed to have been automatically amended to conform to such statutory change.
B. Procedure
1. Notification: The Union will submit to the Township a list of those employees who have not become members of the Union for the then current membership year. The Township will deduct from the salaries of such employees, in accordance with Section 2 below, the full amount of the representation fee and promptly will transmit the amount so deducted to the Union.
2. Payroll Deduction Schedule: The Township will deduct the representation fee in equal installments, as nearly as possible, from the paychecks paid to each employee on the aforesaid list during the remainder of the membership year in question. The deductions will begin with the first paycheck paid: (a) ten days after receipt of the aforesaid list by the Township; or (b) thirty days after the employee begins his or her employment in a bargaining unit position.
3. Mechanics of Deduction and Transmission of Fees: Except as otherwise provided in this Article, the mechanics for the deduction of representation fees and the transmission of such fees to the Union will be the same as those used for the deduction and transmission of regular monthly membership dues to the Union which shall be deducted on the first pay period of the month.
4. Changes: The Union will notify the Township in writing of any changes in the list provided for in Section 1 above and/or the amount of the representation fee, and such changes will be reflected in any deductions made more than ten days after the Township receives said notice.
5. New Employees: On or before the last day of each month, beginning with the month this Agreement becomes effective, the Township will submit to the Union a list of all employees who began their employment in a bargaining unit position during the preceding 30 day period. The list will include names, job titles, and dates of employment for all such employees.
6. Termination of Employment: If an employee who is required to pay a representation fee terminates his or her employment with the Township before the Union has received the full amount of the representation fee to which it is entitled under this Article through the last day of the month in which employment ceases, the Township will deduct the unpaid portion of the monthly fee from the last paycheck to said employee during the membership year in question.
7. Seasonal Employees: Persons hired on a seasonal basis (120 calendar days or less) shall not be subjected to payment of a representation fee. Should any such individual apply for and be hired as a probationary employee within 90 days of the end of their seasonal employment, they will be liable for payment of dues, initiation fees and/or representation fees for the full length of their service with the Township including their term of seasonal employment.
8. Probationary Employees: Individuals hired prior to the signing of this agreement shall not be subject to the payment of dues, initiation fees and/or representation fees until they become permanent employees.
Indemnification
With respect to dues deduction, representation fee deductions, and the Union's demand return system established pursuant to law, the Union shall indemnify, defend, and hold the Township 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 Township pursuant to the above provisions concerning dues deductions and representation fee. It is furthermore expressly understood that the representation fee provision set forth above shall not be effective unless and until the Union shall have notified the Township in writing that it has adopted a demand return system which fully complies with applicable statutory provisions.
1982 Contract Revision
1998 Contract Revision
ARTICLE VII
DUES CHECK-OFF
A. Upon receiving the written voluntary authorization and assignment of an employee covered by this Agreement (in the form agreed upon between the Township and the Union, and consistent with applicable law) the Township agrees to deduct from the pay periods of each month, membership dues (and initiation fees where applicable), in such amounts as shall be fixed pursuant to the by-laws and Constitution of the Union during the full term of this Agreement and any extension or renewal thereof. The Township shall promptly remit monthly any and all amounts so deducted with a list of changes to the Secretary-Treasurer of the Union. Dues shall be remitted to the Secretary-Treasurer of the Union by the 15th of the following month after such deductions are made.
B. Any changes in monthly dues will be certified in writing by the Secretary-Treasurer of the Union or his/her designee.
C. No deductions will be made for any month in which there is insufficient pay available to cover the same after all other deductions required by law have been made. Deductions for a prior month's dues will not be made in respect to such dues, except where the Township, through error or oversight, failed to make the deduction in any monthly period.
D. The Union agrees that it will indemnify and save harmless the Township of Ocean against any and all claims, demands, losses or expenses in any matter resulting from action taken by the Township of Ocean at the request of the Union under this Article.
E. The Township will notify the Secretary-Treasurer of the Union, monthly, of the hiring of all employees, their address, birth date, classification, rate of pay, and social security number. The Township will similarly notify the Secretary-Treasurer of the Union of all employees who are terminated from the Township's payroll.
1996 Contract Revision
1998 Contract Revision
ARTICLE VIII
SENIORITY
A. Newly hired employees shall be considered probationary employees for a period of one (1) year from date of hire. During the probationary period, employees may be terminated at any time without any recourse whatsoever. Any continuous service as a full-time, temporary employee shall be credited as probationary status when an employee is transferred to a permanent position.
B. Upon completion of the probationary period, the employee's seniority shall be effective as of the original date of employment.
C. Seniority is defined for the purposes of this Agreement as the length of continuous service with the Township from the date of last hire.
D. Seniority will be utilized in determining lay-offs and recalls provided the employee has the ability to perform the remaining work. The right of recall shall cease upon the rejection of a bona fide offer of re-employment or the passage of twelve (12) months, whichever occurs first.
E. The Shop Steward in the Department of Public Works will have super-seniority in this Department so long as he/she holds the position of Shop Steward.
1989 Contract Revision
1994 Contract Revision
ARTICLE IX
BULLETIN BOARDS
A. One (1) bulletin board shall be made available by the Township at each department location.
B. These bulletin boards may be utilized by the Union for the purpose of posting Union announcements and other information of a non-controversial nature. The Department Head or his/her representative may have removed from the bulletin board any material which does not conform with the intent and provisions of this Article.
C. All bargaining unit promotional opportunities and vacancies shall be posted on the aforementioned bulletin boards. Bargaining unit personnel will be given the opportunity to apply for such promotional opportunities and vacancies, and seniority with the Township will be a relevant factor considered in the filling of such positions.
ARTICLE X
NON-DISCRIMINATION
A. There shall be no discrimination, interference, or coercion by the Township of any of its agents against the employees represented by the Union because of membership or activity in the Union. The Union or any of its agents shall not intimidate or coerce employees into membership. Neither the Township nor the Union shall discriminate against any employee because of race, creed, color, age, sex or national origin.
ARTICLE XI
GRIEVANCE PROCEDURE
A. To provide for the expeditious and mutually satisfactory settlement of grievances arising under this Agreement, the following procedures shall be utilized. For the purposes of this Agreement, the term "grievance" means any alleged difference between the Township, the Union or any employee with respect to the interpretation, application or violation of any provision of this Agreement.
B. A grievance may be filed by an employee, the Union, group of employees, or the Township.
C. The procedure for settlement of grievances shall be as follows:
1. STEP ONE:
In the event that any employee covered by this Agreement, or the Union, has a grievance, such grievance shall be presented within five (5) working days for informal discussion with the immediate supervisor. Failure to present such grievance within the five (5) day period shall be deemed a waiver of the grievance by the employee and the Union. The supervisor shall decide the grievance and present (orally or in writing) the decision to the grievant within three (3) workings days after the grievance is first presented to him/her.
2. STEP TWO:
If no satisfactory resolution of the grievance is reached at STEP ONE, then within three (3) working days of receipt of the STEP ONE response, the grievance shall be presented in writing by the employee or the Union and signed by the shop steward and forwarded to the Director of the Department of Public Works. The Director or his/her designee shall render a decision and present it to the grievant and Union within five (5) working days after the grievance was first presented to him/her.
3. STEP THREE:
If the grievant is not satisfied with the decision at STEP TWO, the Union may appeal the matter in writing within five (5) working days of the receipt of the STEP TWO response to the Township Manager, or his/her designated representative. The presentation shall include all copies of all previous correspondence relating to the matter in dispute. The Township Manager or his/her authorized representative shall give the Union the opportunity to be heard and will give his/her decision in writing within ten (10) working days of receipt of the written grievance.
(a). In the event the Township of Ocean and Local Union 701 are unable to adjust the grievance, the dispute may be reduced to writing and referred to the New Jersey State Board of Mediation. This notice must be conducted within thirty (30) days of the final decision by the Township. Either the Township or the Union may reject this referral to Mediation.
(b). The parties may rely on a verbal presentation of evidence and documentation of evidence. The Mediator will render a written advisory recommendation, as soon as possible, but no later than thirty (30) days after the hearing. The recommendation will be based on the evidence presented by both parties.
(c). Both parties may agree that the written recommendation is final and binding. The Mediator shall acknowledge such agreement in his written decision. If the Township and the Union agree that the decision is final and binding, neither the Township nor the Union can request Arbitration. The decision of the Mediator will be in lieu of a final and binding decision of an Arbitrator.
(d). If the Mediator’s written recommendation is not final and binding, either party may elect not to accept and implement the recommendations of the Mediator. In the event of refusal to accept the recommendation of the impartial third party, both parties shall agree that the recommendation of the Mediator shall not be admissible in the Arbitration.
(e).The parties also agree that no admissions made at the Mediation shall be admissible in the Arbitration.
(f). If either rejects the Mediator’s advisory recommendation, the matter shall be submitted to the New Jersey State Board of Mediation, who shall designate the Arbitrator to hear the dispute and render a final and binding decision.
5. ARBITRATION
(a) If no satisfactory resolution of the grievance is reached at STEP THREE, then within ten (10) working days of receipt of the STEP THREE response, the grievance may be filed by the Union with the New Jersey State Board of Mediation for the selection of an Arbitrator. The decision of the Arbitrator shall be final and binding upon the parties. The Arbitrator’s fees and any State Board administration fees shall be borne equally by the parties.
(b) The Arbitrator shall have no authority to add to or to subtract from the Agreement.
(c) In the event the Township wishes to raise a grievance, it shall do so within five (5) working days of the occurrence of said grievance and shall raise the matter directly with the Union. In the event the matter is not satisfactorily resolved within ten (10) working days, the Township may proceed to arbitration in accordance with this Article.
D. Any employee covered by this Agreement shall have the right to process his/her own grievance, but not to arbitration. Any employee shall have the right to have a Union representative present at his/her request during the processing of such grievance.
E. The time limits expressed herein shall be strictly enforced. 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 therefore, 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 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.
1996 Contract Revision
1998 Contract Revision
2004 Contract Revision
ARTICLE XII
WAGES
SECTION A. The percentage increases for those who have reached Step H in the respective salary ranges shall be as follows:
2004 – 4.00%
2005 – 3.75%
2006 – 3.25%
2007 – 3.50%
2008 – 3.50%
The salary adjustment at Step A (the entry level in the respective salary ranges shall be as follows:
Roadman and B&G Workers III $500
Mechanic III $550
Roadman II $600
Mechanic and B&G Workers II $650
Roadman I $700
Roadman IA and Mechanic and B&G Workers I $750
The salary for all other steps within the respective salary ranges shall be calculated in equal dollar increments, rounded to the nearest dollar, between Step A and Step H as is reflected in Schedule A for the years 2004, 2005, 2006, 2007 and 2008 attached hereto and made a part hereof.
SECTION B. New employees should begin their employment with the Township in Step A of the range of the classification to which they are assigned.
SECTION C. All employees shall be subject to at least an annual review of the work they have performed throughout the year not less than one week before each yearly anniversary of their appointment in accordance with the Performance Evaluation Program. Upon the satisfactory completion of their duties, employees shall progress to the next step of their classification. This process shall continue until the maximum step is achieved.
SECTION D. Upon reaching the maximum step in the assigned salary range, there shall be no more "movement in step", but said employees shall receive the maximum salary for their job classification.
SECTION E. Merit adjustments may be applicable to employees who have reached the maximum step of their salary range. These adjustments shall be apart from the employee's base salary. In accordance with the Performance Evaluation Program, an employee's performance shall be reviewed periodically by the immediate supervisor to determine quality of performance. The employee shall receive the adjustment if s/he receives a rating of “satisfactory:, “superior” or “outstanding.” These adjustments are subject to an evaluation done during the course of each year. The adjustment may be awarded in successive years but is not awarded automatically, and is not the basis for any subsequent adjustment. Each year is an individual time period, and in order to qualify for the adjustment, an employee's work must be judged as satisfactory or better during the preceding yearly period.
SECTION F. The following shall serve as the annual merit adjustment range:
QUALITY OF SERVICE
Satisfactory Superior Outstanding
$400 $500 $600
SECTION G. Work Outside Classification
1. Employees will be expected to perform work outside their classification, and work performed in a higher classification will serve as a basis for evaluation for promotion.
2. Whenever an employee works in a higher classification for more than 40 work hours over the course of any ten (10) consecutive work days, the employee will begin to receive pay at that higher classification pay rate until such time that s/he is returned to his/her regular duties. Senior qualified employees shall be provided with the first opportunity for work in a higher classification for assignments that are anticipated to extend beyond 40 hours in a 10 consecutive work day period.
1996 Contract Revision
1998 Contract Revision
2001 Contract Revision
2004 Contract Revision
ARTICLE XIII
LONGEVITY
A. Employees covered by this Agreement shall receive, in addition to the salaries as provided on the Salary Schedule, a longevity increment based upon years of continuous service and satisfactory performance to be determined in accordance with the following schedule:
Years of
continuous satisfactory Annual longevity
full-time employment Increment:
commencing with: 2004-08
Beginning 9th year through 11 years . $1,000.00
Beginning 12th year through 15 years $1,250.00
Beginning 16th year through 20 years $1,525.00
Beginning 21st year and over $1,900.00
B. For the purpose of determining longevity an employee covered by this Agreement shall qualify for the longevity increment during the next regular pay period following said employee's date of the anniversary of employment. Such pro-rated increment shall be paid at that time and thereafter. It is understood and agreed that the term "anniversary date of employment" refers to the beginning date of the employee's present full-time employment with the Township.
1986 Contract Revision
1992 Contract Revision
1994 Contract Revision
1998 Contract Revision
2001 Contract Revision
2004 Contract Revision
ARTICLE XIV
HOURS OF WORK
A. The standard weekly work schedule shall consist of five (5) daily tours of eight (8) hours each, and shall be arranged by the Township. Generally, the normal work week for most employees will be from Monday through Friday, although certain employees such as the Division of Buildings and Grounds, may be scheduled to work on Saturday, and/or Sunday as part of their regular work week. Furthermore, the Township may schedule other work weeks provided that a reasonable amount of notice is given to the employee or employees involved.
B. Lunch Periods:
Lunch period shall consist of thirty (30) minutes, for which the employee shall not be paid, between the fourth (4th) and sixth (6th) hours of employment.
Township management may suspend the lunch period during paving operations. If the paving operations are complete prior to the end of the day's tour, the individual employees will have the option to either leave 30 minutes prior to the end of that day's tour or will be allowed to work to the end of the day's tour and receive 30 minutes pay at the overtime rate.
Employees may voluntarily forfeit their lunch period upon the request of the Township and leave 30 minutes prior to the end of the day's tour.
C. Employees covered by this Agreement shall continue to receive one (1) fifteen (15) minute coffee break in the morning.
1989 Contract Revision
1996 Contract Revision
ARTICLE XV
OVERTIME
A. General
1. It is recognized that the needs of the Township may require overtime work beyond the employee's standard daily or weekly schedule and that the jobs involved must be adequately staffed by qualified employees working on an overtime basis.
2. The Township of Ocean in accordance with any applicable lawsshall establish the amount of overtime and the schedule for working such overtime. Employees shall work overtime unless excused by the Township.
3. The opportunity to work overtime will be distributed as evenly as practicable among employees normally engaged in the work involved with reference to the seniority list. Wherever practicable and possible, employees will be given a reasonable amount of notice when they are required to work regular overtime. When an employee is scheduled to work overtime and is unable to do so, it shall be considered as worked for the purpose of this sub-paragraph. A record of such overtime hours for such employee shall be posted on the department bulletin board weekly providing the schedule changed in the prior week.
4. Employees shall be entitled to a thirty minute meal break between the 3rd and 5th hours for overtime work extending beyond the normal work day and between the 4th and 6th hours for call-outs independent from the normal work day. Employee must make request for a break time and said request must be granted by the supervisor.
B. Overtime Pay for Employees
1. Pay at time and one-half shall apply to authorized time worked in excess of forty (40) hours in the standard weekly work schedule or after eight (8) hours per day, but not both.
2. Time within the employee's standard weekly work schedule for which s/he receives pay from the Township for approved absence shall be credited to time worked when computing forty (40) hours at straight hourly pay.
3. An employee who is called back for overtime shall be paid as of the time of the telephone call or visitation so long as the employee arrives at the designated job site not later than thirty (30) minutes following said call. An employee arriving thirty-one (31) minutes or more following said call shall be paid starting at his/her arrival at the job site.
C. Emergency
1. Work assignment during designated emergency. Whenever an emergency because of Acts-of-God, weather, floods, fire, natural or man-made disasters, etc. . . ., is declared by the President, the Governor of New Jersey, the Monmouth County Freeholders or the Township Mayor, Manager, Emergency Management Coordinator, Director of Public works or his/her designee; all Public Works employees must accept
all regular and overtime work assignments during that emergency. Failure to accept the work assignment, or to be reasonably available for assignment, will result in disciplinary actions.
2. All employees covered by this Agreement who are called in for initial snow plowing operations outside the regularly scheduled work day shall be compensated at the rate of time-and-one-half the regular straight time hourly pay rate until the commencement of the employee's regular working hours which shall be paid for at straight time.
3. For plowing, sanding and salting operations (snow and ice control operations) the overtime rate of pay will continue for employees involved in the operation including mechanics into the regular work day for as long as the employees continue to be involved in the snow and ice control operation providing the overtime call-out was at least six (6) hours prior to the start of the regular shift.
4. Employees shall be entitled to a thirty minute meal break between the 3rd and 5th hours for overtime work extending beyond the normal work day and between the 4th and 6th hours for call-outs independent from the normal work day. Employee must make request for a break time and said request must be granted by the supervisor.
D. In regard to Divisions of Roads, Buildings and Grounds and Mechanics personnel, there shall be a $10.00 meal allowance provided for each eight (8) hours of overtime worked straight through.
E. In the event an employee is called back into service and said call-back is not contiguous in time with the scheduled work day, said employee shall receive a minimum of two (2) hours pay. Should the time spent in service exceed the minimum two (2) hours, the employee shall be paid for actual time worked as approved by employee's supervisor.
F. Overtime shall be distributed among all permanent employees in accordance with the procedures outlined in Appendix B.
1986 Contract Revision
1989 Contract Revision
1994 Contract Revision
1998 Contract Revision
2001 Contract Revision
2004 Contract Revision
ARTICLE XVI
VACATION
A. Full-time employees shall be granted leave with pay in accordance with the following schedule:
Years of Service Working Days Per Year
After 1 year and through 5 years service: Ten (10) days
After 5 years and through 10 years service: Fifteen (15) days
After 10 years and through 15 years service: Eighteen (18) days
After 15 years and through 20 years service: Twenty-one (21) days
After 20 years and through 25 years service: Twenty-four (24) days
After 25 years of service: Twenty-six (26) days
B. 1. Vacation allowance must be taken during the current anniversary year at such time as permitted by the Department Head or his designee.
2. Vacation leave may be carried forward into the next succeeding year only if the employee notifies the Department Head at least ninety (90) days prior to the end of the current anniversary year and if the Department Head determines the individual cannot take vacation leave during the anniversary year because of pressure of work.
3. Employees shall provide not less than two (2) weeks' notice to the Director or his/her designee when requesting more than two (2) days of vacation leave. For two (2) days or less, Article XVII, Section F shall apply.
4. The Director may waive these requirements in cases of extreme emergency.
C. An employee who is retiring or who otherwise separates in good standing, having completed not less than nine (9) years of service shall be entitled to the vacation allowance for the current year on a pro-rated basis and any vacation leave which may have been carried over from the preceding year in accordance with paragraph B above. An employee not satisfying the criteria of this section shall be denied only pro-rated vacation leave. Vacation leave accumulated during past year(s) will not be withheld under any circumstances.
D. When a permanent employee dies, having to his/her credit any annual vacation leave, there shall be paid to his estate a sum equal to said vacation leave.
E. Senior employees shall be given preference in the selection of vacation periods providing the needs of the Township are met subject to the first preference being provided for the observance of religious holidays as provided for under XI.E. of this contract. Once junior employees have scheduled vacation, senior employees will not be permitted to bump them.
1986 Contract Revision
1992 Contract Revision
1996 Contract Revision
1998 Contract Revision
ARTICLE XVII
HOLIDAYS AND PERSONAL DAYS
A. The following days are designated as paid holidays by the Township:
New Year's Day Columbus Day
Martin Luther King's Birthday Veteran's Day
Presidents’ Day Thanksgiving Day
Good Friday Day after Thanksgiving
Memorial Day Christmas Day
Independence Day 1/2 day Christmas Eve and
Labor Day 1/2 day New Year's Eve when
a weekday
B. When a holiday falls on a Sunday, it shall be observed on the following Monday. In the event a holiday falls on a Saturday, it shall be observed on the previous Friday. If an official holiday occurs when an employee is on sick leave or vacation, s/he shall not have that holiday charged against his/her sick leave or vacation.
C. Employees who are required to work on any of the aforementioned holidays shall be paid straight time pay for the holiday as such, plus time and one-half (1½) for all time worked.
D. In addition to the holidays noted in Section A above, employees covered by this Agreement will be entitled to the provisions of this Article for those holidays which are proclaimed by the Mayor and Council for all Township employees.
E. Employees who observe religious holidays not listed above and who request one or more such days off as vacation or personal days shall have their request(s) granted providing the request(s) are made by October 1 of the preceding year.
F. Each employee covered under this Agreement shall be entitled to three (3) personal days per year that must be taken during the calendar year in which said personal days were granted. In years 2006, 2007 and 2008 only, one of these personal days shall be designated as follows:
2006 – July 3
2007 – ½ day December 24 and ½ day December 31
2008 – December 26
The employee shall notify the Director of Public Works or his/her designee at least forty-eight (48) yours prior to taking the personal day except in cases of extreme emergency.
1986 Contract Revision
1992 Contract Revision
1998 Contract Revision
2001 Contract Revision
ARTICLE XVIII
SICK LEAVE
A. Sick leave is defined as any absence from duty because of illness or accident not arising out of any employee's course of employment and may be used by an employee for personal illness. However, an employee may utilize up to five (5) days of sick leave per year to attend to the needs of a family member who permanently resides in his or her household who is ill.
B. Permanent, full-time employees shall be granted sick leave as hereinbefore defined, with pay, to which each is eligible as follows:
1. During the first five (5) years of employment, one-half (1/2) working day for each full month of service completed. Thereafter, one and one-quarter (1 1/4) days for each full month of service completed.
2. If any such employee requires none or only a portion of such allowable sick leave for any calendar year, the amount of such leave not taken shall accumulate to his/her credit from year to year and such employee shall be entitled to such accumulated sick leave with pay if and when needed.
C. The Department Head, Township Manager or designee may require a certificate from a licensed physician as proof of illness.
D. An employee must promptly notify his/her Department Head or the Department Head’s designee of intended absence from work. Notification shall be made before the employee's usual starting time. Failure to notify his/her Department Head or the Department Head’s designee may be cause for denial of the use of sick leave for that absence, and may constitute cause for disciplinary action.
E. There shall be no vacation or sick leave earned once a sick leave absence extends beyond 45 days.
F. Absence without notice for three (3) consecutive days shall constitute a resignation. Extenuating circumstances shall, in the discretion of the Township, be handled on an individual basis upon presentation by the employee involved in the circumstances.
G. Sick Leave Payment - An employee who retires in accordance with service retirement provisions pursuant to the statutes of the State of New Jersey shall be eligible to receive a payment for 55% of up to 100 of his/her accumulated sick days (a maximum of 55 days pay for retirees with 100 or more days of accumulated sick days). In order to receive this payment an employee must notify the Department of Administration of his/her intended retirement not later than 1 November of the year preceding the year in which retirement is to be taken. Employees eligible for this benefit may elect to defer all or a portion of this payment to one or more subsequent years.
H. An employee while on Sick Leave may not engage in any outside employment.
1982 Contract Revision
1989 Contract Revision
1996 Contract Revision
1998 Contract Revision
2001 Contract Revision
2004 Contract Revision
ARTICLE XIX
DEATH IN THE IMMEDIATE FAMILY
A. A permanent employee shall be granted time off with pay not to exceed five (5) days, but not to extend beyond the date of the funeral in the event of a death in his/her immediate family.
B. Immediately family in this instance shall include the employee’s father, mother, spouse, children, brothers, and sisters.
C. In the event of the death of an employee’s mother-in-law, father-in-law, brother-in-law sister-in-law, daughter-in-law, son-in-law, grandparents and grandchildren, the employee shall be granted time off without loss of pay for three (3) days, but not to extend beyond the date of the funeral.
D. In the event of the death of an aunt or uncle of an employee or his/her spouse, or the grandparents of a spouse, the employee shall be granted the day off to attend the funeral without loss of pay.
E. All paid bereavement leave is to be used for the express purpose of making funeral arrangements and/or attending the funeral. The Township may require reasonable proof of such death. Under extenuating circumstances, the Township Manager may extend the bereavement leave of an employee or grant bereavement leave for the death of individuals not specifically listed above.
1989 Contract Revision
1996 Contract Revision
1998 Contract Revision
2001 Contract Revision
ARTICLE XX
INJURY LEAVE
A. Whenever an employee covered under this Agreement is incapacitated from duty because of physical injury sustained in the performance of his/her duty, s/he shall receive payment through the Township of Ocean's carrier for worker's compensation insurance. For employees hired prior to August 18, 2005, should this insurance payment be less than the employee's net weekly payroll check for base salary and longevity (excluding overtime), a payroll check for the difference shall be processed. For employees hired August 18, 2005 or after, the benefit shall be equal to that which is afforded statutorily to all employees in the State of New Jersey as may be amended and modified from time to time. During any such absence of those hired August 18, 2005 or after, the Township shall continue to make contributions to the pension fund on behalf of the employee and the employer for up to one year. However, any permanent or partial permanent award made to said employee by a Worker's Compensation Court or any other court of competent jurisdiction, shall be and remain the property of said employee and shall not be reimbursed to the employer.
B. An employee shall, as soon as practicable, after a physical injury has occurred, file a worker's compensation petition, and failure to do so shall subject the employee to disciplinary action.
C. The provisions herein recited in the event of a physical injury to an employee shall not exceed the term or period of one (1) year from the onset of said physical injury. The time wherein said employee is not permitted or is unable by reason of certification by a Township physician to perform such duties as shall be directed by the Director of Public Works, or his designee, resulting from the said physical injury, shall not be charged against sick leave of the said employee.
D. An employee while on Injury Leave may not engage in any outside employment.
E. In the event an employee returns to work following a sustained physical injury as described in paragraph A above in eight (8) working days or less following said injury, the time spent convalescing shall be recorded as injury leave.
F. Before an employee may return to work, an employee must submit a certificate from a physician authorizing said return.
G. Employees who return to work but are still under medical care shall make their best effort to schedule physician and therapist appointments outside the workday.
H. When modified, restricted, or light duty is permitted by a worker’s compensation doctor and when the employer determines that such work is available, the employee may be assigned to work consistent with the provisions of Article XIV, Section A. The Township shall make all reasonable efforts to place employees who are in an injury leave status into a modified duty assignment for a reasonable period of time within the limitations imposed by the treating physician. The duration of the modified duty cannot extend beyond the time an employee has been ruled to have reached maximum medical improvement. Said modified duty shall be limited to work associated with the bargaining unit.
1981 Contract Revision
1998 Contract Revision
2001 Contract Revision
2004 Contract Revision
ARTICLE XXI
JURY DUTY
A. A permanent employee who is subpoenaed as a witness in a criminal case involving him/her in his/her capacity as a Township employee, or an employee who is called and serves on a jury, shall be granted leave of absence with pay for that period of time in which he/she is officially involved with the Court in such capacity. Any payment other than for expense reimbursement shall be turned over to the Department of Administration.
ARTICLE XXII
MILITARY LEAVE
A. All employees covered by this Agreement shall receive military leave in accordance with applicable United States and New Jersey statutes.
ARTICLE XXIII
HOSPITALIZATION
Active Employees
A. After two (2) full calendar months of service with the Township, employees and their eligible dependents may be covered by Blue Cross, Blue Shield, Major Medical, Dental and Life Insurance under the following conditions:
1. Medical insurance premiums for dependent coverage will be paid by the Township up to a maximum of the rates in effect through April 30, 1985. Twenty-five percent (25%) of any increase in this rate will be paid by the insured employee.
2. Dental insurance premiums for dependent coverage will be paid by the Township up to a maximum of the rates in effect through March 31, 1986. Any increase in this rate will be paid by the insured employee.
B. The Township reserves the right to change insurance carriers, so long as substantially similar benefits are provided.
C. If there are any changes in the law relating to the granting of retiree health benefits during the term of this agreement, the parties agree to reopen this contract to negotiate with respect to this issue only. This provision shall lapse on December 31, 2003.
Retired Employees
A. A retiree health benefit for persons retiring after July 1, 2005 shall be provided by the employer for those individuals who meet one of the following eligibility requirements:
1. Option A (all of the following must be applicable):
· Employee at time of retirement must be at least 55 years old
· Employee at time of retirement must have at least 25 years of pensionable service in the New Jersey Public Employment Retirement System
· Employee at time of retirement must have at least 20 years of pensionable service with the Township of Ocean
· Employee at time of retirement must elect a retirement option other than a Deferred Retirement
· Employee at time of retirement must not be receiving or eligible to receive health benefits through his/her spouse’s employment or retirement plan
2. Option B (all of the following must be applicable):
· Employee at time of retirement must be at least 62 years old
· Employee at time of retirement must have at least 15 years of pensionable service in the New Jersey Public Employment Retirement System
· Employee at time of retirement must have at least 15 years of pensionable service with the Township of Ocean
· Employee at time of retirement must elect a retirement option other than a Deferred Retirement
· Employee at time of retirement must not be receiving or eligible to receive health benefits through his/her spouse’s employment or retirement plan
B. Retirees meeting the above eligibility requirements will receive the following individual benefits:
1. Between the time of retirement and the date the retiree reaches the age of 65, the employer will make direct deposits into a Health Savings Plan that the retiree will have to establish prior to retirement. The amount of that deposit will equal 80% of the least cost health plan offered through the New Jersey State Health Benefit Program for a single individual.
2. Between the date the retiree reaches the age of 65 and the retiree’s death, the employer will make direct deposits into a Health Savings Plan that the retiree will have to establish prior to retirement. The amount of that deposit will equal 100% of the cost of the Medicare Part B premium.
C. Retirees meeting the above eligibility requirements will receive dependent health benefits subject to all of the following:
1. Dependent health coverage shall be limited to spouses with whom the retiree is legally married and shall not extend beyond the date of a divorce or the date of the retiree’s death.
2. The eligibility of the spouse to commence and/or continue receiving a health benefit during the time of the employee’s retirement is contingent upon the spouse not having or not being eligible for a present or former employer’s health insurance plan.
3. In lieu of the retiree benefit outlined above in Article XXIII.B.1., a married retiree meeting the above two conditions who is between age 55 and age 65 will be eligible to receive an enhanced benefit. The employer will make direct deposits into a Health Savings Plan of the retiree in the amount of 80% of the least cost health plan offered through the New Jersey State Health Benefit Program for retiree and spousal coverage.
4. In lieu of the retiree benefit outlined above in Article XXIII.B.2., a married retiree meeting the above two conditions who is age 65 or older will be eligible to receive an enhanced benefit. The employer will make direct deposit into a Health Savings Plan of the retiree in the amount of a sum equal to two times the 100% of the cost of the Medicare Part B premium. If the spouse is more than five years younger that the retiree, the enhanced benefit will cease five years after the retiree reaches the age of 65 and will not commence again until the spouse reaches the age of 65.
5. If the spouse has either single or married coverage at the time of the employee’s retirement but later loses that coverage, the above level of benefits will become effective at the time of the loss of the spouse’s health insurance coverage.
6. The employer will permit the spouse at his/her own expense to continue at the group rate providing the Township’s health plan provider allows for surviving spouse coverage.
D. Retirees shall have the option of electing any plan under the NJ SHBP, any private plan, any plan provided by a State or Federal government, or any other program that may be in effect at the time of retirement or thereafter. The Township’s participation shall be limited to the financial contribution defined above. Any change in State or Federal law shall take precedence over the language of this agreement.
1989 Contract Revision
1998 Contract Revision
2001 Contract Revision
2004 Contract Revision
ARTICLE XXIV
PENSIONS
A. In accordance with New Jersey statutes and Township ordinances, the present pension plan will be continued for the life of this Agreement.
ARTICLE XXV
WORK CLOTHES
A. Employees covered by this Agreement will be provided with the following work clothes:
1. five (5) sets of uniforms
2. work gloves as may be required
B. The aforementioned work clothes will be issued by the Township and replaced as worn out, provided the employee shall turn in the worn out items for replacement.
C. Rain gear will be furnished to employees as required by the Township.
D. Five (5) pair of overalls will be provided to all mechanics.
E. The Township will pay each employee $150 per year to purchase safety shoes or boots which are to be worn whenever reporting to work.
F. All employees shall be required to wear the issued uniforms at all times. Employees may request relief from this requirement, but if such a request is approved, the right to receive Township-issued uniforms will be forfeited.
1989 Contract Revision
1992 Contract Revision
1994 Contract Revision
1996 Contract Revision
1998 Contract Revision
2001 Contract Revision
ARTICLE XXVI
MISCELLANEOUS
A. An employee may, for just cause, be required to undergo an annual physical examination which, if required by the Township, shall be paid for by the Township. The employee will be examined by the Township Physician at the expense of the Township. If such examination is conducted during the employee's normal working hours, the employee shall suffer no loss in regular straight time pay.
B. The Township shall provide locker facilities on a one-to-one basis for employees.
C. The Township agrees to promptly post all job regulation changes and openings on the Public Works Bulletin Board.
D. Individuals who are employed by the Township on the date of the signing of this Agreement shall not be required as a condition of employment to live within the Township.
E. All training mandated by the Township will take place during regular working hours or, if scheduled outside the working schedule, the employee will be granted compensatory time off. When a training opportunity is made available, the opportunity to be trained shall be first offered on the basis of seniority among those employees, by Division, who have never had an opportunity to avail themselves of that type of training. This provision shall not apply to Federal or State mandated training nor shall it apply to training for a task associated with a title other than the employee’s title or one title higher.
F. If any other bargaining units within the Township of Ocean are granted State disability leave, the parties agree to re-open this contract to negotiate with respect to this issue only.
1982 Contract Revision
2001 Contract Revision
2004 Contract Revision
ARTICLE XXVII
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 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 XXVIII
FULLY BARGAINED PROVISIONS
A. This Agreement represents and incorporates the complete and final understanding and settlement by the parties. 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 and signed this Agreement. 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 XXIX
TERM AND RENEWAL
A. This contract shall be in full force and effect as of January 1, 2004, and shall remain in effect through December 31, 2008, without a reopening date. This Agreement shall continue in full force and effect from year to year thereafter, unless one party or the other gives, in writing, no sooner than one hundred eighty (180) days nor later than one hundred thirty-five (135) days prior to the expiration date of this Agreement notice of a desire to change, modify or terminate this Agreement.
B. Notice served by either party on the other stating an intention to change, terminate or modify this Agreement shall be by registered or certified mail.
C. Notices sent by the Union shall be served on the Township Clerk. Notices sent by the Township shall be served on the President of the Union or his designated representative.
LOCAL NO. 701, I.B.T. TOWNSHIP OF OCEAN
By_________________________________ By_____________________________
ROBERT CASTELLANO, BUSINESS REP. WILLIAM F. LARKIN, MAYOR
Local No. 701
___________________________________ ________________________________
Attest: SCOTT GLEASON Attest: DEBORAH J. SMITH
SHOP STEWARD TOWNSHIP CLERK
Local No. 701
APPENDIX A |
 |
SALARY SCHEDULE FOR DEPARTMENT OF |
PUBLIC WORKS EMPLOYEES REPRESENTED |
BY I.B.T. LOCAL 701 |
|
| STEP20042005200620072008 |
|
| Mechanic HelperA $ 24,000 $ 24,500 $ 25,000 $ 25,500 $ 26,000 |
| (Step A only),B $ 26,411 $ 27,058 $ 27,684 $ 28,331 $ 28,987 |
| Roadperson III, C $ 28,822 $ 29,617 $ 30,368 $ 31,163 $ 31,973 |
| and Buildings &D $ 31,233 $ 32,175 $ 33,052 $ 33,994 $ 34,960 |
| Grounds IIIE $ 33,644 $ 34,734 $ 35,736 $ 36,826 $ 37,946 |
| F $ 36,055 $ 37,292 $ 38,419 $ 39,657 $ 40,933 |
| G $ 38,466 $ 39,850 $ 41,103 $ 42,488 $ 43,919 |
| H $ 40,876 $ 42,409 $ 43,787 $ 45,320 $ 46,906 |
|
| Mechanic IIIA $ 26,350 $ 26,900 $ 27,450 $ 28,000 $ 28,550 |
| B $ 28,911 $ 29,619 $ 30,304 $ 31,013 $ 31,730 |
| C $ 31,472 $ 32,339 $ 33,158 $ 34,026 $ 34,909 |
| D $ 34,033 $ 35,058 $ 36,013 $ 37,038 $ 38,089 |
| E $ 36,594 $ 37,778 $ 38,867 $ 40,051 $ 41,269 |
| F $ 39,155 $ 40,497 $ 41,721 $ 43,064 $ 44,448 |
| G $ 41,716 $ 43,217 $ 44,575 $ 46,077 $ 47,628 |
| H $ 44,276 $ 45,936 $ 47,429 $ 49,089 $ 50,807 |
| |
| Roadperson IIA $ 27,100 $ 27,700 $ 28,300 $ 28,900 $ 29,500 |
| B $ 29,760 $ 30,519 $ 31,254 $ 32,013 $ 32,781 |
| C $ 32,420 $ 33,338 $ 34,207 $ 35,126 $ 36,061 |
| D $ 35,080 $ 36,158 $ 37,161 $ 38,239 $ 39,342 |
| E $ 37,740 $ 38,977 $ 40,115 $ 41,352 $ 42,623 |
| F $ 40,400 $ 41,796 $ 43,069 $ 44,464 $ 45,903 |
| G $ 43,060 $ 44,615 $ 46,022 $ 47,577 $ 49,184 |
| H $ 45,720 $ 47,435 $ 48,976 $ 50,690 $ 52,464 |
|
| Mechanic II andA $ 27,750 $ 28,400 $ 29,050 $ 29,700 $ 30,350 |
| Buildings &B $ 30,427 $ 31,234 $ 32,015 $ 32,821 $ 33,636 |
| Grounds IIC $ 33,105 $ 34,067 $ 34,979 $ 35,942 $ 36,922 |
| D $ 35,782 $ 36,901 $ 37,944 $ 39,063 $ 40,207 |
| E $ 38,459 $ 39,735 $ 40,909 $ 42,184 $ 43,493 |
| F $ 41,137 $ 42,568 $ 43,874 $ 45,304 $ 46,779 |
| G $ 43,815 $ 45,402 $ 46,838 $ 48,425 $ 50,065 |
| H $ 46,492 $ 48,235 $ 49,803 $ 51,546 $ 53,350 |
|
| STEP20042005200620072008 |
|
| Roadperson IA $ 28,700 $ 29,400 $ 30,100 $ 30,800 $ 31,500 |
| B $ 31,462 $ 32,319 $ 33,151 $ 34,008 $ 34,874 |
| C $ 34,224 $ 35,239 $ 36,201 $ 37,216 $ 38,249 |
| D $ 36,986 $ 38,158 $ 39,252 $ 40,424 $ 41,623 |
| E $ 39,748 $ 41,077 $ 42,303 $ 43,632 $ 44,997 |
| F $ 42,510 $ 43,997 $ 45,354 $ 46,840 $ 48,371 |
| G $ 45,272 $ 46,916 $ 48,404 $ 50,048 $ 51,746 |
| H $ 48,034 $ 49,835 $ 51,455 $ 53,256 $ 55,120 |
|
| Roadperson I-A,A $ 29,500 $ 30,250 $ 31,000 $ 31,750 $ 32,500 |
| Buildings &B $ 32,298 $ 33,204 $ 34,083 $ 34,989 $ 35,904 |
| Grounds I andC $ 35,096 $ 36,158 $ 37,166 $ 38,228 $ 39,308 |
| Mechanic ID $ 37,894 $ 39,111 $ 40,249 $ 41,467 $ 42,712 |
| E $ 40,692 $ 42,065 $ 43,332 $ 44,706 $ 46,115 |
| F $ 43,490 $ 45,019 $ 46,416 $ 47,944 $ 49,519 |
| G $ 46,288 $ 47,973 $ 49,499 $ 51,183 $ 52,923 |
| H $ 49,086 $ 50,927 $ 52,582 $ 54,422 $ 56,327 |
NOTE: Employees who are promoted will be placed in the STEP of the promotion range which will ensure no reduction in pay.
APPENDIX B
OVERTIME DISTRIBUTION PROCEDURE
1. Overtime shall be offered to qualified permanent employees with the lowest hours first in order to maintain equalization of overtime distribution.
2. Job continuation overtime is considered work that needs to be completed by the individual performing the job and shall not first require the overtime being offered to another individual.
3. Overtime offered but refused is chargeable for purposes of equalization of overtime.
4. In order to charge an individual a refusal, said individual needs to actually refuse the overtime offered. Calling individuals at home and not getting an answer is not chargeable overtime.
5. Overtime hours cannot be charged to an individual utilizing a paid benefit day.
6. Individuals on personal leave shall be charged overtime as if they were working.
7. It is agreed that individuals who do not want to work overtime and do not want to be called should reduce their desires, in writing, with their signature, to their supervisor. This does not mean they will not be called in for emergencies or snow removal.
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