TEAMSTERS LOCAL UNION NO. 469

ARTICLE 1

PREAMBLE

A. This Agreement, effective as of the first day of January, , by and between the Township of Berkeley Heights, a municipal corporation of the State of New Jersey, hereinafter referred to as the "Township" or the "Employer", and Teamsters Local 469 hereinafter referred to as the "Union", is designed to maintain and promote a harmonious relationship between the Township and those of its employees who are within the provisions of this Agreement, through collective negotiations in order that a more efficient and progressive public service may be rendered.

F. If any provisions of this Agreement or any application of this Agreement to any

employee or group of employees is held to be contrary to law, then such provision or

application shall not be deemed valid and subsisting, except to the extent permitted by

law, but all other provisions or applications shall continue in full force and effect.

EMBODIMENT OF AGREEMENT

ARTICLE III
RECOGNITION AND SCOPE

NON-DISCRIMINATION

ARTICLE V




DEDUCTION OF EMPLOYEE ORGANIZATION DUES

MANAGEMENT RIGHTS

The Township shall retain all rights of management resulting from ownership or pertaining to its operation, except as such rights are limited or modified by the provisions of this Agreement. These rights shall include, but not be limited to, the right to create additional positions, merge positions, and determine the initial pay level to be offered to any new employee whether or not the positions for which the employee is being hired was previously filled by a member of the unit. The Township shall retain the right to establish the initial salary for any newly appointed foremen provided such salary is not less than the salary then being received by the individual being promoted.

ARTICLE VII
NOTIFICATION TO THE UNION

ARTICLE VIII

SUPERVISORY EMPLOYEES

1. To instruct or train employee(s).




2. Demonstrate equipment, methods or procedure. 3. In emergencies.
4. In circumstances where qualified or regular employee(s) do not make themselves available for work or cannot perform the work.

6. In all other cases where a bargaining unit employee is not displaced by such assignment of such Supervisory Employee.

Such work performance is not intended to deny overtime work to the employees covered by this Agreement.

ARTICLE IX

POSTING AND PROMOTIONS

1. Preference to fill job vacancies will be given to qualified bargaining unit employees before hiring a new employee.
2. The most qualified senior employee who bids for a vacant position will receive a trial period. The trial period will be for a period of not less than ten (10) working days. For purposes of this Article a working day will consist of a minimum of eight (8) hours of work.

4. At the conclusion of the maximum trial period, the employee will either be returned to his former position or will receive appointment to the higher position.
5. However the Township reserves the right to terminate the trial period between the tenth (10th) and ninetieth (90) working day and return the employee to his former position in the event the Township in its sole discretion believes that the employee is not qualified to do the job, provided such discretion is not exercised arbitrarily.
6. The Union and the employee will be kept advised of the progress made in learning the new assignment. The Employer will give the employee assistance to successfully meet the requirements of the job. If the employee fails to successfully meet these requirements within the probationary period, the employee shall be returned to his former position and shall assume seniority and pay as though the employee had not left his old position. The Employer shall forward to the attention of the employee periodic evaluations during the probation period a written progress report and bi-weekly oral evaluation to probationary employee.
7. In the event that the vacant position requires any certification issued by the State of New Jersey, the Township may deny the application unless the employee possesses the necessary certification (s) or can secure same within any grace period established by
statute.

8. This provision does not require the Township to create any new positions and does not

limit, in any way, the right of the Township to eliminate job positions at its sole discretion

or refuse to consolidate positions previously held by separate individuals or refuse to allow

an employee to hold more than one position covered by this agreement at the same time

except as provided herein.




ARTICLE X

PROBATIONARY PERIOD

B. All new Township employees shall be hired for a probationary period of forty five (45) days to assure full qualification for the work. The probationary period may be extended for a period of up to forty five (45) additional days at the sole discretion of the Township upon notification to the Union by the Township Administrator.

C. During the probationary period, employment may be terminated without an assigned reason. Such termination shall be excluded from the definition of "grievance" set forth in the Grievance Procedure of this Agreement.

ARTICLE XI
LAYOFF AND RECALL

ARTICLE XII


HOURS OF WORK

1. All hours spent in the service of the Township in excess of eight hours in a work day or forty hours in a regular work week.
2. All hours spent in the service of the Township on any Saturday.

4. Whenever it becomes necessary for employees to be called out on an overtime call, such employees shall receive a minimum of four (4) hours work at the appropriate overtime rates. In such event, the employees will be required to remain at work for the four (4) hour period or be available for and respond to call-outs during that period. The duration of any subsequent call-out will be considered continuing time (as opposed to a separate call-out subject to an additional four (4) hour guarantee). The four hour guarantee mentioned above shall be considered hours worked for the purpose of this Agreement. The foregoing provisions regarding call-outs do not apply to early call-ins within a two (2) hour period prior to the employees normal starting time.
5. Overtime assignments shall be awarded on a rotating basis with the intention of achieving equalization of premium pay earnings within each class of work. Emergency standby duties shall be in accordance with “Standard Operating Procedure: On Call Coverage” policy dated September 28, 2004. A record of overtime offered, worked and refused, as well as availability for emergency call-out, will be kept as part of each employee's personnel history by the department head.
6. Two times the hourly rate of pay for all hours spent in the service of the Township on any Holiday, as listed in the Holiday Article. If any Holiday falls on a weekend, then an employee will be compensated two times the hourly rate.
7. Two times the hourly rate of pay for all hours spent in the service of the Township on any Sunday other than the staffing referred to in Paragraph A of this Article.
8. The Township agrees to allow a paid one-half (1/2) hour lunch period whenever an employee is required to work ten (10) consecutive hours and an additional one- half (1/2) hour lunch period for each subsequent four (4) hours of work after their initial ten (10) consecutive hours.
9. The Township shall allow a paid fifteen (15) minute break once during each four (4) hour work period.
10. The Township agrees to guarantee each employee a minimum of eight (8) hours work or pay in lieu thereof, each day, Monday through Friday.

11. Except as set forth in paragraph 4 above, the Township agrees to guarantee an employee a minimum of four (4) hours work or pay in lieu thereof at the applicable premium rate of pay whenever such employee is required to report to work on either a Saturday, Sunday or a Holiday. In the event the employee is scheduled to work beyond four hours, the Township agrees to an eight hour guarantee of work or pay in lieu thereof.

12. The Township agrees not to require any employee to take time off to compensate for time worked in excess of eight (8) hours in a work day or forty (40) hours in a work week.
13. The Township agrees to compensate employees with a meal allowance of ten (10 dollars for each overtime lunch period) All meal monies to be paid within thirty days. The meal money allowance shall also be applicable to all snow plowing schedules established by the Department and shall be calculated in accordance with every four hour break period.

ARTICLE XIII

RATES OF PAY

PAYDAY

WORKING AT DIFFERENT RATE

ARTICLE XVI

Friday. When any of the above holidays falls on a Sunday, it will be observed on the
following Monday.

BEREAVEMENT LEAVE

1. From the day of death until the day of burial (but not less than three (3) days) in the case of the death of his or her: grandparent; parent; spouse, child; sibling; father-in-law; mother-in-law; son-in-law; daughter-in-law; or grandchild.
2. On the day of burial in the case of the death of his or her: uncle; aunt; nephew; niece; brother-in-law; sister-in-law; cousin of the first degree.
3. An extension of one (1) day shall be granted when the deceased is buried in a location outside New Jersey and the employee would be unable to return in time for the normal work day.




ARTICLE XVIII

ADMINISTRATIVE LEAVE

ABSENCE WITH PAY-SICK LEAVE

1. As of the effective date of this Agreement, each unit employee shall be credited with his accumulated unused sick leave and shall be credited with an additional one (1) day per month thereafter at the end of such month worked throughout the year.

2. Sick leave with pay shall be cumulative. At the end of each calendar year, the employee shall file his employee record card with the Confidential Administrative Secretary. Any unused sick leave shall be credited to the employee for the next year.


3. Each employee shall be credited with an additional three (3) days' sick leave as of January 1 of the current year and an additional one (1) day per month thereafter at the end of each month worked throughout the year.


4. New employees will begin accruing sick days upon completion of the probationary period and attainment of permanent full-time status. The employee will accrue one (1) day per month for the remainder of the current calendar year. As of January 1 of the year following the employee will accrue sick days in accordance with this Article.


5. Employees shall immediately notify their department head or supervisor on each occasion of absence due to sickness or disability and must remain available for telephone contact with said department head or supervisor. The Township, at its option, may require suitable medical verification of the sickness or disability affecting the employee's ability to perform his work.


6. No employee shall receive sick pay unless proof of illness or disability has been submitted by the employee to the department head or supervisor in a form satisfactory to said department head or supervisor. Medical certification for fitness to return to work may be required by the Township.

7. No employee shall receive sick pay for any absence in excess of three (3) consecutive working days unless proof of illness in the form of a certificate from an attending physician has been submitted to the Township. The Township reserves the right to have the employee examined by a physician of its choosing at any time and to be certified by said examiner to be fit for duty prior to return to work.

8. Sick leave with pay shall not be allowed in any case where the employee fails to properly notify his department head or supervisor of his proposed absence, the nature of his illness or disability, or where the employee fails to submit satisfactory proof of illness or a doctor's certificate as herein required.

9. Any use of sick leave for other than bona fide illness or disability shall be cause for disciplinary action, as well as denial of sick leave pay.

10. No employee shall receive or expect to receive payment for sick days upon retirement or separation from the Township.

11. Each member of the unit utilizing less than five (5) accumulated sick leave days during each year may sell back to the Township, before June 1 of the following year, such number of unused sick days which, when added to the sick days used in such year equals five (5) or less. The employee shall be paid $100.00 for each day sold back. Each day sold back shall be deducted from the total sick leave days accumulated under this Agreement.

12. As a result of the Township's resumption of plant operations with existing personnel, the Township hereby grants additional accrued sick leave to employees commencing employment with the Township at the plant November 1, 1999 as noted in Schedule B.





ARTICLE XX

ABSENCE WITHOUT PAY

*After Six (6) months of employment the employee is entitled to Five (5) days vacation time.

Vacation may be scheduled throughout the calendar year and when at all possible, be taken in full weeks.

upon the prior approval of the Township Administrator. Vacations can be used in 1/2 day increments.

Township agrees that those employees employed by the Township November 1, 1999 shall be credited, for purposes of calculating vacation entitlement only, the years of service set forth in Schedule A annexed hereto.




ARTICLE XXII

INSURANCE BENEFITS

C. Group Life Insurance benefits for eligible employees referred to in paragraph A above, who have completed two (2) months service and are active employees at the time of enrollment, shall be provided, at the expense of the Township, as term life insurance in the amount of two thousand dollars ($2,000.00).
E. Dental coverage for employees and family at the level being provided on January l, 2000, to be paid in full by the Township.
F. The insurance to be provided in accordance with paragraph A shall provide for deductibles of $200.00 per person, $400.00 per family with co-payment provisions of 80/20% of the first $2,000.00. The Township shall have the sole determination of the carrier to provide such coverage and shall be free to change carriers at any time provided only that the existing coverages are not reduced without the consent of the unit.

G. The Township may arrange for a DPP, HMO or other insurance option to be provided to its employees on a voluntary enrollment basis and the employees may elect to enroll in such program upon such terms as may be established by the insurance carrier providing such coverage. The Township shall arrange for an enrollment period of not less than thirty days once per year after the adoption of the resolution authorizing the execution of this contract. In the event that the election of the employee results in a premium reduction to the Township, such reduction shall belong in full to the Township and the employee shall not be entitled to share therein.

H. The Township shall have the right, at any time, to increase any deductibles or change insurance payments provided that the Township indemnify and hold the employees harmless from any increased cost or expenses to the employees from such change.

LONGEVITY

JURY DUTY

TERMINAL LEAVE

MILITARY LEAVE




Military leaves of absence shall be granted in accordance with Federal and State law

ARTICLE XXVII




JOB-CONNECTED DISABILITY

C. For absence exceeding a period of forty-five (45) working days from the date of his injury, the employee shall be paid the difference between the worker's compensation insurance payments received by him and one-half (1/2) his regular salary for a period not to exceed one (1) calendar year from the date of initial disability or to the termination of the disability, whichever first occurs.
D. Compensation awards for permanent disability shall not be deducted from any salary paid by the Township.

E. The Township reserves the right to have any employee claiming a job-connected disability examined by and treated by the Township medical examiner or other physician the Township may choose at any time. Such employee shall not be returned to work except upon certification as being fit for duty by said examiner.

DISCHARGE OR SUSPENSION

B A discharged or suspended employee must notify his Local Union in writing, within (5) working days after receiving notification of such action against him to appeal the discharge or suspension.
C Notice of appeal from discharge or suspension must be made to the Township in writing within five (5) working days from the date of discharge and/or suspension. The appeal shall be heard beginning with Step One of the Grievance and Arbitration provisions of this Agreement.
D. Should it be proven that no cause existed to discharge or suspend the employee, he shall be fully reinstated in his position and compensated at his usual rate of pay for lost work opportunity.
E. Reprimands against any employee's record that are over twelve (12) months old shall be forgiven and the employee's record shall be wiped clean.

ARTICLE XXIX

GRIEVANCE AND ARBITRATION PROCEDURE

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 affecting employees. Both parties agree that this procedure will be kept as informal and confidential as may be appropriate at any level of the procedure.

The term "grievance" as used herein means a dispute between the parties over the interruption, application or violation of policies, agreements and administrative decisions affecting the employees. It is expressly understood, however, that no grievance may proceed beyond Step One herein unless it constitutes a complaint or controversy arising over the interpretation of the terms and conditions of this Agreement.

C. STEPS OF THE GRIEVANCE PROCEDURE

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 written consent. Time extensions may be mutually agreed to by the Township and the Union. In the absence of an extension as aforesaid, the time limits expressed herein shall be strictly adhered to. If any grievance has not been initiated within the time limits specified, the grievance shall be deemed to have been waived. If any grievance is not processed to the next succeeding step in the grievance procedure within the time limits prescribed, then the disposition of the grievance at the last preceding step shall be deemed to be conclusive. A failure to respond at any level within the time limits provided shall be deemed a denial of the grievance at that Step.

Step One




Within five (5) working days after the event giving rise to the grievance, or within five (5) working days after the employee reasonably should have become aware of the grieved event, whichever first occurs, the aggrieved employee or the Union shall institute action under the provisions herein by meeting with his supervisor and discussing the grievance orally. The supervisor shall respond orally to the grievance within five (5) working days after the meeting.

If the grievance is not satisfactorily resolved at Step One, the aggrieved employee or the Union Shop Steward shall reduce the grievance to writing, signed by the aggrieved employee or the Union Representative, and file the grievance with the Director of Wastewater Management or his designee within five (5) working days after receipt or after the due date of the Step One response. To be timely and effective, the written grievance must set forth in reasonable detail the facts underlying the grievance, the specific contract provisions at issue, and the relief sought. The Director of Wastewater Management or his designee shall render a written response to the grievance within five (5) working days from the receipt of the written grievance. In the event the Director of Wastewater Management initiates the action which results in the grievance, the Township Administrator shall serve in the place of the Director of Wastewater Management.


Step Three
a. If the grievance is not satisfactorily resolved at Step Two, the Union Business Representatives shall then take the matter up in a meeting with the Township Committee or its designee within five (5) working days after receipt (or after date) of the Step Two response. The Township Committee or its designee shall render a written decision within fifteen (15) working days from the date of said meeting.
b. In the event such meeting is scheduled during employees regular working hours, the aggrieved employee, the participating employee representative from the Union, and any necessary employee witnesses shall be released from work without loss of regular straight time pay. Requests for employee representative(s) and witnesses shall be made to the Township representative(s) by no later than three (3) working days prior to the date of any meeting and meeting dates shall be scheduled considering the availability of all parties and witnesses and the needs of the Township.

Step Four
In the event the grievance is not resolved at Step Three, the Township or the Union may file
for arbitration in accordance with the rules and regulations of the New Jersey State Board of
Mediation.

a. The arbitrator shall be bound by the provisions of this Agreement and is restricted to the application of the facts presented to him and is limited to the interpretation of the Agreement. The arbitrator shall have no authority to add to, alter, amend or modify any provision of the Agreement. Furthermore, the arbitrator shall be bound by the laws of New Jersey and shall be without power to advise or direct the completion of any illegal act or acts beyond the legal authority of the parties.

c. The arbitrator's fees and expenses shall be borne jointly by the parties to the Agreement.

ARTICLE XXX

NO STRIKE PLEDGE

UNIFORMS

Six (6) pairs of pants

Six (6) Long Sleeve shirts

Two (2) jackets

Six (6) t-shirts – to be issued on May 1st of each calendar year.

Two pairs of safety shoes per year

Winter apparel (heavy winter jacket/card hart overalls)

Orange sweatshirts

Two insulated sweatshirts shall be issued on the 1st day of August of each calendar year.

ARTICLE XXXII
SNOW REMOVAL

ARTICLE XXXIII

LOCKER FACILITIES

SAFETY

prescribed by law. It shall not be a violation of this Agreement where employees refuse to operate such equipment unless such refusal is unjustified. All equipment which is refused because it is not mechanically sound or properly equipped shall be appropriately tagged so that it cannot be used by other drivers until the maintenance department has adjusted the complaint.

exceed, the following duties and activities:
1. The investigation and presentation of grievances in accordance with the
provisions of the collective bargaining Agreement;

information:

ARTICLE XXXVI

INSPECTION PRIVILEGES

UNION BULLETIN BOARD

ARTICLE XXXVIII

POLITICAL ACTIVITY

ARTICLE XXXIX

OTHER EMPLOYMENT

EDUCATION AND TRAINING

ARTICLE XLI
SEPARABILITY AND SAVINGS

TERM AND RENEWAL






The term of this Agreement shall be from January l, 2004 through December 31, 2007 and from year to year thereafter, subject to a written notice from either party to the other of a desire to change or amend this Agreement. To be effective, such written notice must be received by the other party by no later than sixty (60) days prior to the expiration date of the current collective bargaining agreement. The reference is derived from Public Employment Relations Commission Regulation Section 19:16-2.1 and the adoption by the Public Employment Relations Commission of a February required budget submission date for municipalities such as the Township. In the event of any change in the PERC statute or regulations, this Article shall be deemed to have been amended to conform to such change. Upon the expiration of this Agreement, during subsequent negotiations, and until a new agreement is executed, all of the terms and conditions of this Agreement shall remain in effect.












ARTICLE XLIII

SALARIES




A. The members of the bargaining unit shall receive those salaries set forth in Schedule A to this agreement for the periods specified. The annual percentage increases set forth in the attached schedule A.

Maintenance Forman, Laboratory technician/Process Control Operator and Sewer Department Operator.

ARTICLE XLIV

INCONSISTENT ORDINANCES

ARTICLE XLV

LICENSE STIPENDS

C-1 $1,000.00 S-1 $1,000.00

C-2 $1,5000.00 S-2 $1500.00

C-3 $2,000.00 S-3 $2,000.00

C-4 $2,500.00 S-4 $2,500.00

CDL -$1,000.00 Forman Position - $4,500.00

Electrical License - $3,000.00

An employee shall be eligible to receive more than one stipend provided more than one permit held by such employee is in full force and effect. In witness whereof we have set our hands and seals the day and year first above written. All stipends are to be given when any employee receives his/her license.

Schedule A

NAME	TITLE	LICENSES/STIPENDS	2004	2005	2006	2007
Steve Imbimbo	Maintenance Foreman	ON CALL, FORMAN	$64,392.00	$67,163.00	$70,032.00	$73,001.00
Herb Ang	Electrical Maintenance	ON CALL		$50,500.00	$52,250.00	$54,061.25
Pat O'Donnell	Lab Tech/Process	S1-4, C1-4, CDL	$40,000.00	$46,918.00	$49,146.06	$51,432.42
	Operator	ON CALL
Mike Murphy	Operations Specialist	C2, CDL, ON CALL	$41,633.00	$43,608.00	$45,651.00	$47,767.00
John Mineo	Operations Specialist	ON CALL	$35,634.00	$37,399.00	$39,225.00	$41,116.00
John Lepore	Operator	S1, C1, CDL, ON CALL	$35,542.00	$37,303.00	$39,127.00	$41,014.00
Manny Martinez	Operations Specialist	ON CALL	$28,904.00	$32,264.00	$35,702.00	$37,470.00
Bob Nowicki	Operations Specialist	ON CALL	$27,945.00	$31,252.00	$34,674.00	$36,405.00
New Hire	Operations Specialist	NONE	$26,500.00	$28,250.00	$30,000.00	$30,000.00
STIPENDS (NOT INCLUDED WHEN CALCULATING % INCREASES)
$500 ON CALL PAY INCLUDED.
LICENSES/FORMAN PAY (INCLUDED IN BASE PAY)
$1000 INCLUDED IF CDL OBTAINED.
$1000 FOR C-1 AND S-1.
$1500 FOR C-2 AND S-2.
$2000 FOR C-3 AND S-3.
$2500 FOR C-4 AND S-4.
$4500 FOR FOREMAN.
NOTES:
1. Pay for Licenses, On Call and Foreman are included as noted above.
2. Herb Ang salary % increases calculated using 3.5%.
3. Herb Ang salary adjusted for on call pay.
4. Pat O'Donnell pay adjusted for C-4 and S-4 licenses.
5. Super/Lead title changed to Foreman title.

Schedule B

Accrued sick time: For purposes of Article XIX, the following members of the unit on January 1, 2000 shall be treated as if they had accrued and unused sick time with the Township as of that date as noted:

Murphy, M. 15 days

Imbimbo, S. 15 days


Credited years of service: For purposes of Article XXI Vacations only, the following members of the unit on January 1, 2000 shall be treated as if they had completed the following years of service with the Township as of such date.

Murphy, M. 15 years

Imbimbo, S. 15 years


Schedule C

Signature Page

Township of Berkeley Heights Teamsters Local Union #469

_____________________________ ______________________________

_____________________________ ______________________________


Date _______________ Date ______________