1
AGREEMENT
between
THE TOWNSHIP OF MIDDLETOWN and THE WHITE COLLAR EMPLOYEES AND LOCAL 1034, BRANCH 4 CWA, AFL-CIO-CLC
January 1, 2005 through December 31, 2008
PREAMBLE PAGE 1
ARTICLE 1. RECOGNITION PAGE 2
ARTICLE 2. HOURS OF WORK PAGE 2
ARTICLE 3. HOLIDAYS PAGE 4
ARTICLE 4. VACATIONS AND PERSONAL DAYS PAGE 4
ARTICLE 5. SICK LEAVE/TERMINAL LEAVE PAGE 6
ARTICLE 6. DEATH IN FAMILY PAGE 8
ARTICLE 7. SENIORITY AND PROMOTIONS PAGE 9
ARTICLE 8. BULLETIN BOARDS PAGE 10
ARTICLE 9. NON-DISCRIMINATION PAGE 11
ARTICLE 10. MAINTENANCE OF EXISTING CONDITIONS PAGE 11
ARTICLE 11. GRIEVANCE MACHINERY PAGE 11
ARTICLE 12. JURY DUTY PAGE 12
ARTICLE 13. WAGES PAGE 12
ARTICLE 14. LONGEVITY PAGE 13
ARTICLE 15. MEDICAL SURGICAL AND HEALTH PLANS PAGE 14
ARTICLE 16. COMPENSATORY TIME PAGE 16
ARTICLE 17. PUBLIC SAFETY TELECOMMUNICATORS PAGE 16
ARTICLE 18. APPLICATION OF SENIORITY PAGE 18
ARTICLE 19. WORKERS COMPENSATION AND DISABILITY PAGE 18
ARTICLE 20. SAFETY PAGE 18
ARTICLE 21. MANAGEMENT RIGHTS PAGE 18
This Agreement made and entered into this day of by and between the Township of Middletown, a municipal corporation, located at 1 Kings Highway, Middletown Township, New Jersey, hereinafter known as the "Employer", and CWA Local 1034, Branch 4, 60 Broad Street, Red Bank, New Jersey 07701, hereinafter known as the Union";
WITNESSETH:
Whereas, the Union has presented proof that it represents a substantial majority of a unit composed of all regular full-time and part-time White Collar employees working in the Departments of the Township of Middletown; and
Whereas, the Employer, by virtue thereof, has recognized the said Union as the sole and exclusive bargaining agent for all regular full-time and part-time White Collar employees working in the Departments of the Township of Middletown; and
Whereas, the Employer has an obligation pursuant to N.J.S.A. 34:13A-1 et seq, to negotiate with the Union, as the representative of all bargaining unit employees, and to provide orderly and peaceful procedures for presenting employee grievances and proposals; and
Whereas, the Employer, on its own behalf and on behalf of the citizens of the Township, hereby retains and reserves unto itself, without limitation, all powers, rights, authority, duties and responsibilities conferred upon and vested by law; and
Whereas, the exercise of the forgoing powers, rights, authorities, duties, and responsibilities by the Employer and the adoption of policies, rules, regulations and practices in furtherance thereof and the use of judgement and discretion in connection therewith shall be limited only by the specific and express terms of this Agreement, and then only in conformance with law; and
Whereas, nothing contained herein shall be considered to deny or restrict the Employer of its rights, responsibilities, and authority under federal, state, county, or local laws or regulations as they pertain to the Employer; and
Whereas, it is the intention of both the Employer and the Union that this Agreement be construed in harmony with the rules and regulations of the New Jersey State Department of Personnel:
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
ARTICLE 1 - RECOGNITION
SECTION 1. The Employer hereby recognizes the Union as the representative of all regular full-time and part-time White Collar employees of the Township of Middletown.
SECTION 2. The Employer agrees to deduct the initiation fee and/or dues from wages of each employee who is a member of the Union, and to forthwith remit the same to the Union.
SECTION 3. The Employer agrees to deduct 85% of the dues assessed to each Union member from the wages of each unit employee who is not a member of the Union, as per N.J.S.A. 34:13A-5.5, and to remit the same to the Union.
SECTION 4. The Union agrees to file dues deduction authorization form with the Employer prior to such deduction, in accordance with the applicable State Law. The Union agrees to maintain a demand and return system in accordance with the PERC Act (NJSA34:13-5, et.seq.) The Union shall indemnify, defend, and save the Township harmless against all claims, demands, suits, or other forms of liability that shall arise out of or by reason of action taken by the Township in reliance upon the salary deduction authorization forms submitted by the Union to the Township.
ARTICLE 2 -HOURS OF WORK
SECTION 1. Each full-time employee shall receive a minimum guarantee of thirty-five (35) hours of work or pay for each week. No guarantee is made that said work will be assigned in the employee's job category, and employees agree to work in other job classifications at no change in rate of pay (except as noted in ARTICLE 19) and the Employer agrees to make such assignments on a seniority basis.
The work week shall be Monday through Friday. Normal hours of work for all full-time White Collar Employees, except Public Safety Telecommunicators, shall be defined as 9:00 A.M. to 5:00 P.M., 8:30 A.M. to 4:30 P.M., or 8:00 A.M. to 4:00 P.M. All hours worked beyond seven (7) hours in any one day or thirty-five hours in any week shall be paid at the rate of time and one-half. All time in pay status (i.e. vacation, sick, personal, etc.) shall be considered as hours actually worked.
Saturday work shall be paid at the rate of time and one-half the hourly rate for all hours worked in excess of thirty-five hours that week. When an employee is required to work on Saturday, he shall be guaranteed a minimum of three (3) hours work or pay at the time and one-half rate, subject to the above paragraph, and such employee shall be present and available for work for such a minimum time.
Employees reporting to work on a straight time day shall be guaranteed a minimum of seven hours of work or pay.
When an employee is required to work on a Sunday or holiday, he shall be guaranteed a minimum of three (3) hours work or pay at the rate of double time on Sunday plus the holiday pay on a holiday. If an employee requests permission to leave before expiration of the minimum time, the minimum shall not apply.
SECTION 2. Lunch period for employees starting at 8:00 A.M., 8:30, or 9:00 A.M. is to be 12:00 noon to 1:00 P.M. or 1:00 P.M. to 2:00 P.M., for which the employee shall not be paid. Should an employee be required to work through his lunch period because of an emergency, he shall be given an opportunity to take a lunch break not to exceed twenty (20) minutes as soon as practicable, and shall be paid for such lunch break.
Employees shall be granted a fifteen (15) minute coffee break in the morning and a fifteen (15) minute coffee break in the afternoon, and shall be paid for such breaks.
SECTION 3. When an employee is not scheduled for work, and his services are required, he may be called to work and his time shall start when he arrives at his place of assignment, plus one-half hours pay for travel time.
When an employee is called to work under the above conditions, he shall be guaranteed a minimum of three (3) hours work or pay, including one-half hours travel time. All hours worked outside of the employee's regular hours shall be paid at the applicable rate. If an employee is called in outside of his regular hours, and works partly regular hours and partly outside regular hours, he shall be paid at the regular rate for the time worked during his regular scheduled hours and shall be paid at the time and one-half rate for all hours worked outside his regularly scheduled hours.
SECTION 4. When an employee is required to work ten (10) hours or more on a normal work day, or a full overtime day, he shall be granted a second one-half hour lunch period at no loss of pay for such lunch period and be granted an additional one-half hour lunch period for each four (4) hours over the above mentioned ten (10) hours, also at no loss of pay for such lunch period.
SECTION 5. Each such employee shall also receive a meal allowance of $12.00 for each continuous ten (10) hour time period worked and $6.00 for every four (4) hours continuously worked thereafter.
SECTION 6. The employees shall not be limited as to outside employment; provided, however, that no such outside employment shall be engaged in which in any way interferes with the employee's duties as an
employee of the Township, or which, in the judgment of the Administrator, creates a possible conflict of interest; and provided further that no employee shall refuse overtime work ordered by his Department Head or the Administrator for the reason of having to attend an outside job.
SECTION 7. The Union and Township agree to discuss flex-time scheduling but no flex-time will be implemented without mutual agreement between the Union and Township.
HOLIDAYS
SECTION 1. The following shall be recognized holidays for which each employee will be paid (7) seven hours at straight time rate.
1) New Years Day
2) Martin Luther King's Birthday
3) President’s Day Monday
4) Good Friday
5) Memorial Day
6) Fourth of July
7) Labor Day
8) Columbus Day
9) General Election Day
10) Veteran's Day
11) Thanksgiving Day
12) Thanksgiving Friday
13) Christmas Day
SECTION 2. In the event a holiday named in this contract falls during an employee's vacation period, such employee shall receive an additional days' vacation.
SECTION 3. If any of the holidays enumerated in Section I falls on a Saturday, said holiday shall be celebrated on the preceding Friday; if any of the enumerated holidays falls on a Sunday, said holiday shall be celebrated on the following Monday.
ARTICLE 4 - VACATIONS AND PERSONAL DAYS
SECTION 1.
Up to one (1) year of service, each employee shall receive a prorated amount of vacation based on the first year of service in the applicable schedule below:
1. Employees hired prior to 1/1/95 (and employees hired between 1/1/95 and 6/1/01 who do not accept reduced dependent health insurance premiums from the Township) shall receive vacation with pay based on years of service in accordance with the following Schedule A:
A) 1 to 5 years of service - 12 days vacation with pay
B) 5 years 1 day to 10 years of service - 15 days vacation
with pay
C) 10 years 1 day to 20 years of service - 20 days
vacation with pay
D) Over 20 years of service - 20 days vacation with pay
plus one day of vacation with pay for each year over
20 years of service to a maximum of 30 days
2. Employees hired after 6/1/01 (and employees hired between 1/1/95 and 6/1/01 who accept reduced dependent health insurance premiums from the Township) shall receive vacation with pay based on years of service in accordance with the following schedule B:
A) 1 to 5 years of service - 10 days vacation with pay
B) 5 years 1 day to 10 years of service - 12 days vacation with pay
C) 10 years 1 day to 20 years of service - 17 days vacation with pay
D) Over 20 years of service - 20 days (maximum)
SECTION 2. Vacation time shall be determined from the date of employee's commencement of employment with Employer. An employee's pay check for his earned vacation shall be given to the employee prior to the start of his vacation, provided that a request for said pay check is made at least two (2) weeks prior to his vacation date.
SECTION 3. Senior employees shall be given preference with their classification, and where consistent with work schedules, when selecting vacation periods.
SECTION 4. Any employee eligible for vacation, whose employment
has terminated for any reason other than disciplinary, shall nevertheless receive a pro-rated vacation pay for unused days.
SECTION 5. Vacation time may be accumulated for no more than two (2) calendar years. Calculation of the accumulation of vacation time shall commence on January 1st of the year immediately following the unused vacation day(s) for the preceding year. For example, an employee who receives 15 vacation days a year, may carryover only 15 days to the next year. An employee who receives 20 vacation days a year, may carryover only 20 days to the next year or accumulated vacation day(s) shall be lost.
SECTION 6. Each employee hired prior to 6/1/01 shall be entitled to and may take three (3) days during the year as personal days off from work with pay for seven hours at straight time.
Employees hired after 6/1/01 shall earn personal days as follows:
A) One (1) personal day during the first 12 months of
Township service
B) Two (2) personal days during the second 12 months of
Township service
C) Three (3) personal days during the third 12 months of
Township Service
D) Three (3) personal days each year thereafter
At least two days prior to the desired personal day, except in the case of an emergency, the employee shall request from his/her Department Head or the employees Supervisor, permission to take the desired day as a personal day. Permission shall not be unreasonably denied, subject however, to the following standards:
A) No personal day shall be granted for any day which immediately precedes or follows a three day holiday weekend, or any of the designated paid holidays set forth in this agreement.
B) No personal day shall be granted for any time during which, in the Directors opinion, the employees presence on the job is indispensable to the performance of the department in relation to a particular ongoing activity.
C) In the event more than one employee desires a particular day as a personal day, the Department Head shall determine the maximum number of employees which can be granted the requested personal days without detrimentally affecting the operation of the department. Based on said determination the Department Head may grant the requested personal days at no more than that number of employees, and he shall deny all other requests. The granting of said request shall be made on a seniority basis.
D) In the event an employees request for a personal day has been denied and the employee takes the requested day as a sick day after said denial, the employee shall, within two days following said absence, furnish to the Department Head a written medical report by a physician certifying the employee to have been ill. Failure to furnish said medical report shall subject the employee to disciplinary action by the Employer.
ARTICLE 5 - SICK LEAVE
SECTION 1. In the first calendar year of employment, employees will earn one (1) day of sick leave with pay for each month of service. Employees will be credited with fifteen (15) days of sick leave with pay for each calendar year thereafter. During the first three months of employment, an employee may accumulate but not take paid sick leave.
SECTION 2. The employer may require proof of illness or injury when there is a reason to believe that an employee is abusing sick leave; an employee has been absent on sick leave for five or more consecutive work days; or an employee has been absent on sick leave for an aggregate of more than 15 days in a 12-month period.
SICK LEAVE ACCRUAL - TERMINAL LEAVE/RETIREMENT
SECTION 3. If an employee with at least 20 years Township employment chooses to retire on a specific date upon written notice to the Township and application to PERS, he may upon written notice to the Township of the intended retirement, cease active work prior to that date by subtracting from the number of working days remaining until the given retirement date the total number of the employee's unused accumulated sick days and utilize those accumulated sick days as paid terminal leave. Should an employee, at the time of his retirement, have accumulated but unused sick leave, he shall be paid at the rate of 100% of the sick leave accumulated, provided however the employee has twenty (20) years or more Township employment and separation is of a voluntary nature. Upon said retirement and provided the employee has not previously used and/or applied his remaining accumulated sick leave, the employee shall be paid for his accumulated sick leave at the same rate of pay as he was earning at the time of his cessation of active work. The employee shall give written notice to the Township of the intention to retire prior to January 1st of the effective year. Upon failure to give the required written notice in time, the Township shall not be obligated to make payment until the second pay day after the budget for that year has been adopted.
Additionally, an employee who retires with at least 20 years of service shall receive at the time of retirement payment at the rate of one day per year of Township employment for Loyalty Service Days. For example, an employee who retires after 20 years shall be paid by the Township 20 Loyalty Service Days; if an employee retires after 21 years then he shall be paid 21 Loyalty Days, etc.
If a retiring employee with 20 years Township employment utilizes accumulated time as terminal leave, the employee shall not earn any additional sick days, holidays, personal, and vacation days while an employee is running out accumulated earned time pursuant to Article 5, Section 3. Upon ceasing active work on retirement or terminal leave, after 20 years service, that employee shall accrue, earn, and be paid for sick days, holidays, personal days and vacation days for that year off a quarterly pro-rata basis. For example, if an employee ceases active work or retires during the first quarter from January 1 through March 31st the employee shall accrue twenty five (25%) percent of the total above days to be accrued in that year; if the employee ceases work or retires during the second quarter
between April 1 through June 30, then the employee shall accrue fifty (50%) percent of the above days; if during the third quarter of a year from July 1 through September 30th the employee shall accrue seventy five (75%) percent of the above days and if during the fourth quarter of a calendar year, the employee shall accrue one hundred (100%) percent of the above days.
Upon the death of an employee, the employee's estate shall be entitled to and shall receive from the Township 100% of all accumulated and unused sick leave of the decedent at the same rate of pay decedent was earning at the time of death.
SECTION 4. Employees hired prior to 1/1/95 (and employees hired between 1/1/95 and 6/1/01 who do not accept reduced dependent health insurance from the Township) may accumulate a maximum of 150 sick days. However, those employees who had accrued more than 150 sick days as of January 2, 1992 are capped at the number accrued as of that date, if higher than 150.
Employees hired after 6/1/01 (and employees hired after 1/1/95 who accept reduced dependent health insurance premiums from the Township) may accumulate a maximum of 75 sick days.
For those employees who are capped at a higher number and use a portion of those days because of illness or injury, they may re-accumulate days until they reach their capped number.
Effective 2006, an employee may accumulate above their current “cap number” an additional 30 days of sick time for the sole purpose as a sick time benefit when sick. No payment or use of these additional 30 days will be made at retirement or for cash on an annual basis. Employees choosing to increase their “cap” under this method must notify the Township by December 1, 2005 for implementation in 2006 (and December 1 for subsequent years). Once an employee chooses this additional 30 day option, they cannot opt out.
As of the end of each November, an employee who has reached the 150 or 75 day maximum (or is at his/her capped number) will be paid for any of the unused 15 sick days earned in that year at a 50% rate. This amount will be paid before the end of that year and will be included as regular salary for tax purposes. If an employee at “cap” uses less than 5 sick days in a year, the employee will be paid at a 75% rate instead of the 50% rate.
ARTICLE 6 - DEATH IN FAMILY
SECTION 1. In case of death in the immediate family, as hereinafter defined, an employee shall be granted four days off with pay for the purpose of attending burial or religious services. Payment shall be made for only such of the four days as are working days, and these days shall not be charged against sick leave.
Immediate family is hereby defined to include the spouse, child, step-child, mother and father of the employee.
SECTION 2. In the case of death of an employee’s sister, brother, mother-in-law, father-in-law, step-mother, step-father, grandmother or grandfather an employee shall be granted three days off with pay for the purpose of attending burial or religious services as outlined in section 1.
SECTION 3. In the case of death of an employee’s sister-in-law, brother-in-law, aunt, uncle, niece, nephew an employee shall be granted one day off with pay for the purpose of attending the burial or religious services. At least one (1) day prior to the date of the funeral, the employee shall notify the Employer of his/her intention to attend the funeral.
ARTICLE 7 - SENIORITY AND PROMOTIONS
SECTION 1. Newly hired non-competitive titled employees shall be considered to be on probation for a period of ninety (90)days. Such employees may, during their probationary period, be terminated at any time during said period without recourse whatsoever. Upon completion of the probationary period, such employee’s seniority shall be effective as of the original date of employment.
SECTION 2. All seniority and employee security shall conform to and comply with the applicable statutes and regulations of the New Jersey Department of Personnel. In the event of layoff, seniority shall prevail consistent with DOP regulations.
SECTION 3. Seniority shall mean the length of continuous service with the employer, regardless of capacity or department.
SECTION 4. It shall be the Employer's policy to place promotions on the basis of the employed’s ability, fitness, seniority, and state Department of Personnel certification. It is the intention of the Employer to fill vacancies from within the department before hiring new employees, provided employees are available with the necessary qualifications and ability and passing grades to fill the vacancy. Any dispute arising under this section is to be subject to the grievance machinery.
SECTION 5. One (1) steward shall have during the respective periods in such capacity, top seniority, except for promotion purposes, and after his periods of service, he shall have a normal seniority status with respect to layoff and recall.
SECTION 6. An employee shall lose all seniority rights for any one or more of the following reasons:
A) Voluntary resignation.
B) Discharge for just cause.
C) Failure to return to work within five (5) working days after being recalled by registered or certified mail, return receipt requested, unless due to actual illness or accident. The Employer may require substantiating proof of illness or accident in such manner and on such forms as the Employer deems appropriate.
SECTION 7. Notice of all job vacancies shall be posted on all bulletin boards within the department. Said notice shall include the wage range.
SECTION 8. The Employer, upon recalling, shall do so in the inverse order of the layoff. He shall recall the last employee laid off, providing, however, that such employee has the qualifications for the position for which he is recalled. Under no circumstances shall the Employer hire from the open market while employees on the recall list, qualified to perform the duties of the vacant position, are ready, willing and able to be re-employed. The last employee laid off from a position will be the first recalled to that position.
SECTION 9. An employee recalled and reinstated to his former position shall receive his former rate of pay or the minimum current wage for his position, whichever is higher.
SECTION 10. Whenever the Township advertises for a position or receives notices of the job vacancies or job promotions for department or inter-department positions, the Township personnel officer shall provide all Department Heads with said information, and the Department Head shall post said notices. The Township personnel officer will also give notice to the Union President.
ARTICLE 8 - BULLETIN BOARDS
Bulletin boards will be made available to the Union and the Employer for the purpose of posting Union notices relating to meetings, dues, entertainment, health and safety, and general Union activities.
All certification of eligibility tests, either entrance or promotional, relating to any title or classification represented by the Union shall be posted on said bulletin board.
ARTICLE 9 NON-DISCRIMINATION
The Employer agrees that it will not discriminate against an employee because of his activities as a member of the Union. There shall be no discrimination against any employee because of his race, color, religious creed, national origin, political affiliation, sex or Union affiliation.
ARTICLE 10 - MAINTENANCE OF EXISTING CONDITIONS
A uniform set of working rules and regulations shall be adopted by all Department Heads and Supervisors, and such written rules and regulations shall be distributed to all employees. It is the intent of the Employer and the employee that any presently existing working conditions are to remain in full force and effect except as specifically modified by this agreement.
ARTICLE 11 - GRIEVANCE MACHINERY
To provide for the expeditious and mutually satisfactory settlement of grievances arising with respect to the interpretation or application of this Agreement, the following procedures shall be followed:
SECTION 1. It is hereby agreed that the Employer has the right to discipline for just cause. The Employer agrees to advise the Union of any such discipline and the reason therefore at the time of such action. Such discipline shall conform to State Department of Personnel procedures.
SECTION 2. Any aggrieved employee shall present his grievance within seven (7) working days of its occurrence or such grievance will be deemed waived by the Union and the employee.
SECTION 3. In the event of a grievance, the steps hereinafter shall be followed:
Step 1. An employee with a grievance shall first discuss the matter with his immediate supervisor, whether directly or through the designated representative of the Union for the purpose of resolving the matter informally.
Step 2. If the aggrieved party is not satisfied with the disposition at Step 1, or if no decision has been rendered within five (5) working days after presentation of that grievance, he may file a written grievance within five (5) working days to his Department Head, or in his absence a designated representative of that Department, and a copy to the Township Administrator. A decision thereon shall be rendered in writing by the Department Head, or his representative, within seven (7) working days.
Step 3. If the aggrieved party is not satisfied with the disposition at Step 2, the matter may then be referred in writing within five (5) working days by the representative of the Union to the Township Administrator. A meeting on the grievance may be held. The Administrator shall render a written decision within fifteen (15) working days of the referral.
Step 4. Either the Union or the Employer may, within twenty (20) days of the Administrator's decision may request in writing the Public Employees Relations commission to appoint an arbitrator who shall have full power to hear and determine the dispute, and the arbitrator's decision shall be final and binding on all parties. The arbitrator's fees shall be shared equally by the Union and Employer. The arbitrator shall have no authority to change,
modify, or amend the provisions of this Agreement.
SECTION 4. (a) A grievance within the meaning of this Agreement shall be limited to any matter of wages, hours, working conditions, discrimination against any employee represented by the Union because of his race, age, color, sex, religious creed, national origin, political affiliation, or Union affiliation, or any dispute involving interpretation or application of this Agreement.
(b) The time limit specified in the Grievance Procedure shall be the maximum. However, these may be extended upon mutual agreement by the parties.
(c) A grievance affecting a group of employees
under this Agreement may be submitted by the Union on behalf of
said named group at Step 3 of the grievance procedure.
(d) Nothing herein shall be construed to deny to any
employee their rights under the Civil Service Act, N.J.S.A. 11A:1-1,
et seq.
SECTION 5. It shall be the intentions of the parties to settle all differences between the Employer and the Union through the grievance procedures of this Agreement. Therefore, the Employer agrees that it will not lock out its employees and the Union agrees that it will not strike, slow-down, or cause a slow-down or engage in any work stoppage or other job action during the term of this Agreement. Any employee who violates the terms of this section shall be subject to discharge.
ARTICLE 12 - JURY DUTY
An employee called for jury duty will be excused from work for the period actually in attendance at court and will be paid his regular daily earnings for such time as he is required to be in attendance at court.
ARTICLE 13 - WAGES
SECTION 1. Sanitary and Senior Sanitary Inspectors shall have a separate wage guide as provided in Appendix A and will not be included in the wage increases as described in this article.
SECTION 2. Effective January 1, 2005 all employees shall receive a pay increase of 3.65% applied to the existing salary guide and/or existing salaries.
SECTION 3. Effective January 1, 2006 an increase of 3.65% shall be applied to the existing salary guide and/or existing salaries.
SECTION 4. Effective January 1, 2007 an increase of 3.75% shall be applied to the existing salary guide and/or existing salaries.
SECTION 5. Effective January 1, 2008 an increase of 3.95% shall be applied to the existing salary guide and/or existing salaries.
SECTION 6. All retroactive pay due and owing to each employee shall be paid in a lump sum payment to such employee by a separate check.
ARTICLE 14 - LONGEVITY
SECTION 1. In addition to the wage increase in Article 14, employees hired prior to 1/1/95 (and employees hired between 1/1/95 and 6/1/01 who do not accept reduced dependent health insurance from the Township) shall receive a longevity bonus for each of the contract years in accordance with the following schedule:
A) After 5 years of service 3% salary
B) After 10 years of service 4% of salary
C) After 15 years of service 5 1/2% of salary
D) After 20 years of service 7% of salary.
SECTION 2. Employees hired after 1/1/95 who accept reduced dependent health insurance premiums from Township, shall have their future longevity frozen at their January 2, 2003 salary. For example, an employee earning $30,000 on January 2, 2003 will have established longevity payments of $900, $1200, $1680 and $2100 per above schedule in section 1. Longevity payments will not increase with increases in base pay for these employees.
SECTION 3. Employees hired after May 2, 2001 will be paid a flat dollar amount longevity bonus in accordance with the following schedule:
After 5 years of service - $ 750
After 10 years of service - $1,000
After 15 years of service - $1,250
After 20 years of service - $1,500
SECTION 4. Longevity pay for a calendar year will be spread over the pay periods of the employees during that year. Service for longevity purposes shall be calculated from the date an employee is appointed to a full-time provisional or permanent position, However, a provisional or permanent employee who has continuous service from a temporary full-time appointment shall have his/her longevity calculated from the date of the temporary appointment. Time in the employ of the Employer, regardless of department or division, shall be counted. Eligible employees shall qualify for longevity increment on the date of anniversary of his or her employment
ARTICLE 15 – MEDICAL SURGICAL AND HEALTH PLANS
SECTION 1. The Employer will provide at no cost to all full-time permanent employees hired prior to January 1, 1995 health insurance coverage as described in general terms herein to cover full family responsibilities including husbands and wives of the employee and the children of employee below the age of 23 years, if said children are dependents and otherwise qualify.
For all full-time permanent employees hired after January 1, 1995, the employer will provide, at no cost to the employee, non-HMO single health insurance coverage as described in general terms herein to the employee only. These employees are eligible to purchase family coverage (including dental and prescription as outlined in Sections 2 and 3 below) through the Employer, and elect to have contributions as pre-tax payroll deductions.
Employee contributions for non-HMO health plan dependent coverage will be according to the following schedules:
NON-HMO EMPLOYEES OPTING FOR REDUCED COST DEPENDENT COVERAGE AND ALL EMPLOYEES HIRED AFTER 6/1/01 (INCLUDES SEPARATE SCHEDULE OF VACATION, TERMINAL LEAVE AND LONGEVITY)
MONTHLY PREMIUMS
HOSPITAL PRESCRIPTION FULL
MAJOR MEDICAL PLAN________ DENTAL COVERAGE
EMPLOYEE NO COST NO COST NO COST NO COST
EMPLOYEE
& SPOUSE $147 $23 $7 $177
EMPLOYEE
& CHILD(REN) $72 $16 $7($17) $95($105)
FAMILY $190 $31 $17 $238
NON/HMO EMPLOYEES NOT OPTING FOR REDUCED COST DEPENDENT COVERAGE
MONTHLY PREMIUMS
HOSPITAL PRESCRIPTION FULL
MAJOR MEDICAL PLAN________ DENTAL COVERAGE
EMPLOYEE NO COST NO COST NO COST NO COST
EMPLOYEE
& SPOUSE $257 $50 $19 $326
EMPLOYEE
& CHILD(REN) $114 $47 $19($50) $180($211)
FAMILY $340 $53 $50 $443
For all full time employees hired after January 1, 1995 who elect to be enrolled in the Township’s available HMO plan, the Township will provide single and dependent HMO coverage at no cost to the employee effective January 1, 2006.
During the first year of this contract, employees notifying the Township by letter of intent to switch to the HMO plan, will have their non-HMO premiums forgiven anytime from 6/1/05 through 12/31/05 after notification is given to the Township. Because the date of ratification was subsequent to June 1, this will commence no sooner then the July 1, 2005 payroll.
Employees may in the future choose to switch from HMO to non-HMO coverage (and vice versa) during the open enrollment period of the month of December with an effective date of January 1. Normal change in status i.e. marriage or birth of a child is not required to be done during this open enrollment period.
SECTION 2. The Employer will provide at no cost to the employee, dental insurance coverage pursuant to the New Jersey Dental service Plan with benefits as follows:
A) 100% preventative and diagnostic coverage
B) 100% crown, inlays and gold restorations coverage
C) 100% all remaining basic coverage
D) Orthodontic, periodontic, and prosthedontic benefits
remain as-is.
SECTION 3. The Employer shall provide at no cost to the employee a $6.00 co-pay prescription plan for non-generic drugs and a $1.00 co-pay prescription plan for generic drugs, if attending physician approves. The $6.00 co-pay will rise to $10.00 effective 7/1/2005.
SECTION 4. The Employer may change insurance carriers, at its option, provided substantially similar benefits are provided. The employer will notify the union as early as possible of change in insurance carriers.
SECTION 5. Pursuant to authority in N.J.S.A. 4OA:10-22, the Employer agrees to provide such benefits enumerated in Sections 1, 3, and 4 of this ARTICLE to all employees who have retired, as defined in ARTICLE 27 hereinafter.
SECTION 6. Employees voluntarily opting out of Township plans will be paid the following annual amounts in a lump-sum payment at the end of each calendar year:
$3200 - Medical Plan
$ 675 - Prescription Plan
$ 225 - Dental Plan
Employees opting out of Township plans must provide proof of coverage from a source, other than the Township, to be paid the above amounts.
Employees who opt out of Township plans and subsequently lose their coverage, will with proof of loss of coverage, be able to re-enter the Township plan within 30 days.
SECTION 7. All employees may purchase enhanced dental coverage and/or vision coverage, and will be given the option to purchase same through pre-tax payroll deductions. These options will be made available as soon as the Township insurance carriers are able to commence the programs. The Union will be notified accordingly.
ARTICLE 16 - COMPENSATORY TIME
Accrued compensatory time shall be defined as earned/working time, and shall be paid by the Employer to the employee's estate in the event of the death of the employee.
ARTICLE 17 - PUBLIC SAFETY TELECOMMUNICATORS
SECTION 1. The pay scale of the Public Safety Telecommunicators shall be based on a forty (40) hour work week.
SECTION 2. Public Safety Telecommunicators shall be paid time and one-half for all holidays worked. Additionally, Public Safety Tele-communicators working on any such holiday shall receive a day off with pay as compensation for working on any such holiday.
SECTION 3. There shall be uniformity in the training of all Public Safety Telecommunicators.
SECTION 4. The work area of the Public Safety Telecommunicators shall be secured, or in the alternative, an effective security system shall be installed in said unsecured work area.
SECTION 5. In the event space becomes available, the Public Safety Telecommunicators shall have a locker changing area, with a bulletin board on which all notices shall be posted.
SECTION 6. Whenever there is a need for a Public Safety Tele-communicator for overtime purposes, said overtime shall be done on a seniority basis.
SECTION 7. Prior to a patrolman being substituted as a Public Safety Telecommunicator, every effort must be made to hire a certified Department of Personnel Public Safety Telecommunicator.
SECTION 8. Public Safety Telecommunicator shift assignments shall be as follows:
A) 12 Person Staff working 5 days on 2 days off 8 hour shifts. Shifts change after 1 year by seniority.
B) Township will have one senior per shift as long as employee meets the pre-requisites and is qualified for the job.
C) Any personnel over 12 will be a flex position on 5/2 8 hour shifts to fill in at peak times, vacation slots as determined by management. Management will provide at least one week notice to a flex time Telecommunications Operator as it regards their next schedule assignment. However, should there be an emergency need, management may be required to assign the flex time employee with less then one week notice.
D) Flex time employees while working a flex schedule assignment only, shall receive an additional ½ step. For example this additional fixed amount shall only apply to a designated flex time Telecommunications Operator such that when that individual employee is no longer designated as a flex time Telecommunications Operator, the additional ½ step will no longer be paid to that employee because that employee will go to a fixed regular schedule.
E) Article 4, Section 6.A regarding personal days coming before or after a three day holiday weekend will not apply to Public Safety Telecommunications Operators as long as these three day holiday weekends are not applicable to Telecommunications Operators.
ARTICLE 18 - APPLICATION OF SENIORITY
Seniority shall prevail in all work assignments in each classification. When there are more employees in each classification than are required, the more senior employees in this classification shall be assigned to perform the duties required, and the less senior shall be assigned other duties.
Where an employee has no work to perform in his respective classification, he may be required to work in another classification, and said assignment shall be on a seniority basis to that classification in which there is available work, but there shall be no change in said employee's rate of pay except as noted below. When overtime is required, or work is required on any premium day, such work shall be rotated among qualified employees on a seniority basis. Employees working in a higher title for 15 or more days will receive the higher title salary retroactively to the start of the higher title assignment.
ARTICLE 19 - WORKERS COMPENSATION AND DISABILITY
The Employer will provide to the employees the State Disability Plan as set forth in the Temporary Disability Benefits Law, N.J.S.A.43:21-25, et seq. Employer and Employee Contributions to the Disability Plan shall be made in accordance with the applicable provisions of N.J.S.A. 43:21-7 et seq.
As to Workers Compensation, effective January 1, 1996, the Employer will henceforth pay compensation only in accord with the standards and provisions of the New Jersey Workers Compensation laws as to the terms and amount of payments for employees injured on the job.
ARTICLE 20 - SAFETY
All complaints regarding an employee's safety shall be handled through the grievance machinery. The Union and Employer will establish a joint safety committee which will meet at least every two months to discuss safety issues and make recommendations as necessary.
ARTICLE 21 - MANAGEMENT RIGHTS
SECTION 1. The Employer retains the right to manage and control its facilities, and in addition, retains the right to hire, promote, transfer, discipline, or discharge employee for just cause.
SECTION 2. Nothing in this article shall be interpreted to deprive an employee of rights guaranteed to him by Federal or State Laws, and all rights enumerated in this Agreement.
SECTION 3. The parties agree that the right to make reasonable rules and regulations shall be considered and acknowledged as the function of the Employer except as such right may be specifically modified by the terms of this Agreement.
SECTION 4. The Employer has the right to have periodic performance evaluations and meet with the employee for the purpose of evaluating the employee's work performance. The Employer will consult with the Union in establishing this performance evaluation process.
ARTICLE 22 - APPLICABLE LAWS
SECTION 1. Nothing herein shall abrogate or in any way modify any of the rules or procedures of the New Jersey State Department of Personnel, or the provisions of this Agreement to that extent shall be null and void.
SECTION 2. The provisions of this Agreement shall be subject to and subordinate to and shall not annul or modify applicable provisions of Federal, State and Local laws.
ARTICLE 23 - UNIFORMS
SECTION 1. The Employer will provide all Parking Enforcement Officers and Public Safety Telecommunicators (except in the initial years of service), with a uniform maintenance allowance of $450 per year in 2005, 2006 and 2007. The allowance will increase to $500 in 2008.
SECTION 2. The Employer will provide newly hired Public Safety Telecommunicator employees, in the initial year or partial year of service, without cost, the uniforms set forth below:
3 Short-sleeve shirts
2 Long-sleeve shirts
2 Pair slacks
1 Belt
1 Blazer
1 Jacket
1 Tie
After the initial year, or partial year, of employment, said newly hired
Public Safety Telecommunicator employees shall be paid in accordance with the Uniform Maintenance Allowance specified in Section 1 in the remaining years of this contract.
SECTION 3. The Employer shall provide the Field Inspectors with a yearly shoe money allowance of $100.00 payable on the fourth Tuesday each January.
SECTION 4. Animal Control Officers shall receive a yearly clothing allowance of $300.ARTICLE 24 - MILEAGE REIMBURSEMENT
Employees shall receive 25 cents per mile for use of their vehicles when used for Township business purposes.
ARTICLE 25 - SAVINGS CLAUSE
Should any part or any provision herein contained be rendered or declared invalid by reason of any existing or subsequently enacted legislation, or any decree of a court of competent jurisdiction, such invalidation of such part or portion of this agreement shall not invalidate the remaining portion thereof.
ARTICLE 26 - RETIREMENT, HEALTH AND MEDICAL BENEFITS
SECTION 1. Upon retirement by an employee hired prior to 1/1/95 after twenty-five (25) years of Township employment and upon such employee collecting pension benefits, or upon retirement of an employee who has attained the age of sixty-two (62) years and with fifteen (15) years of Township employment, an employee shall have his or her medical and health insurance coverage paid in full by the Township, until such time as such employee attains the age of sixty-five (65) years. Such employee, at age sixty-five (65) years and thereafter, and so long as the employee is covered by Medicare, shall be reimbursed by the Township for all approved, eligible medical and health expenses (as defined by the Township approved Health Benefit Plan set forth in the Employee Health Plan Booklet) not paid by Medicare.
SECTION 2. Subject to the terms set forth in Section 3, hereinafter, and while said employees is receiving said Retirement Medical and Health Benefits (as set forth in Section 1 of this Article), the employee's spouse who is not yet sixty-five (65) years of age shall have his or her medical and health insurance coverage paid in full by the Township. Once the employee's spouse attains the age of sixty-five (65) years and so long as he or she is covered by Medicare, such spouse shall be reimbursed by the Township for all approved, eligible medical and health expenses (as defined by the Township approved Health Benefit Plan set forth in the Employee Health Plan Booklet) not paid by Medicare.
SECTION 3. For employees hired after 1/1/95, SECTION 1 and SECTION 2 will apply, except that health insurance co-payment provisions during active service will apply during retirement.
SECTION 4. Any and all obligations by the Township for payments on behalf of the employee/spouse shall terminate six months after the date of the employee's death.
The Township will offer Medical Coverage under the rules of the Federal C.O.B.R.A. law to the spouse of any employee who dies.
ARTICLE 27 - UNION ACTIVITIES
SECTION 1. The Employer agrees to allow Shop Stewards/Union Delegates the opportunity to attend Union sponsored lectures and seminars. No more than five (5) employees may attend any one (1) seminar or lecture. Employees may be allowed a maximum of four (4) days per year off from work with pay for the purpose of attending these lectures or seminars. No employee will be allowed to be off from work for any more than two (2) consecutive days; the total combined number of days off for Union members to attend Union sponsored lectures or seminars shall not exceed twenty (20) days.
SECTION 2. The employee must give the Employer at least one (1) week's notice of his intention to attend a seminar or lecture. The attending of any of these seminars or lectures is at the employee's or Union expense. The Employer is not responsible for any out-of-pocket expenses incurred by the employee.
SECTION 3. Shop Stewards shall be allowed a reasonable amount of time during working hours to attend to Union business, without loss of pay.
ARTICLE 28 – PART TIME EMPLOYEES
SECTION 1. Temporary or seasonal part-time employees are not covered by this agreement or entitled to any benefits of this contract.
SECTION 2. Regular part-time employees will, commencing nine months after hire date, be entitled to benefits of one (1) sick day and one (1) vacation day per month of service and holidays (if scheduled to work) and one (1) personal day per year, pro-rated on their average hourly work day as compared to a seven and one half hour work day.
SECTION 3. Regular part-time employees will be entitled to the general wage increases as specified in this contract.
SECTION 4. The Township will maintain a separate in-house file of part-time employees who have applied for full-time employment. Such applications will be considered whenever any entry level full-time position becomes available. Applications on file will be given preference in order of seniority. The Township will endeavor to fill entry-level positions with interested part-time employees before hiring from the outside. All openings remain subject to the posting procedures. Notice of openings and the successful applicant will be provided to the Union for those positions covered by this Union Contract.
SECTION 5. Regular part-time employees are not entitled to other benefits in this contract or medical and health coverage.
ARTICLE 29 - TERMS OF AGREEMENT
SECTION 1. This agreement shall be effective as of January 1, 2005, and shall remain in full force and effect and expire on December 31, 2008.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed by their duly authorized officers, the day and year first above written.
LOCAL 1034, CWA AFL-CIO-CLC TOWNSHIP OF MIDDLETOWN
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