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ARTICLE		PAGE
	PREAMBLE	3
I	RECOGNITION	3
II	AGENCY SHOP	3
III	MANAGEMENT RIGHTS	4
IV	OVERTIME	5
V	COURT TIME	87
VI	MINIMUM CALL OUT	8
VII	HOLIDAYS	98
VIII	VACATIONS	10
IX	PERSONAL DAYS	12
X	FUNERAL LEAVE	132
XI	SALARY AND& WAGE SCALE	133
XII	CLOTHING AND MAINTENANCE	14
XIII	PROMOTIONS	16
XIV	LONGEVITY	167
XV	EXPENSES - VEHICLE AND MEAL ALLOWANCE	178
XVI	HEALTH AND WELFARE BENEFITS	189
XVII	WORK INCURRED INJURYINJURY LEAVE	2221
XVIII	DISABILITY BENEFITS	243
XIX	ANNUAL MEDICAL EXAMINATION	256
XX	GRIEVANCE PROCEDURE	256
XXI	SICK LEAVE	289
XXII	ATTENDANCE AT MEETINGS	301
XXIII	MAINTENANCE OF WORK OPERATIONS	312
XXIV	SEPARABILITY AND SAVINGS	312
XXV	NON-DISCRIMINATION	313
XXVI	TUITION DISBURSEMENT	323
XXVII	POLICE VEHICLES	324
XXVIII	FULLY - BARGAINED PROVISIONS	334
XXIX	DURATION	335

1. The executive management and administrative control of the Township government and its properties and facilities, and the activities of its employees;

2. To hire all employees and subject to the provisions of law, to

determine their qualifications and conditions of continued employment, or assignment, and to promote and transfer employees;

1. To suspend, demote, discharge or take other disciplinary action for good and just cause according to law;
2. To establish a code of rules and regulations of the Department for the operation of the Department.

B(1). Officers working eight hour shifts -- For officers working eight hour shifts, any hours worked in excess of eight hours in any work day, shall be compensated at a rate of one and one-half times the employee's regular rate of pay, provided that said overtime work is authorized by the chief.
B(2). Officers Working Twelve Hour Shifts -- The work period for officers working twelve (12) hour shifts shall be 14 days, as permitted by 207(k) of the FLSA and each officer shall work eighty four (84) hours within the 14 day period at the regular rate. Any hours worked in excess of 84 hours in the 14 day work period shall be compensated at a rate of 1 and ˝ times the employee’s regular rate of pay, provided that said overtime is authorized by the Chief of Police. Employees will be credited 96 compensatory time hours per year as compensation for the 4 extra hours worked each 14 day work period. The 96 hours of compensatory time will be scheduled as follows: Officer will be assigned months they are eligible to take days off by the Chief of Police or his/her designated representative. Time off will be scheduled in advance as six (6), twelve (12) hour shifts and 24 additional hours off to be used as comp time so long as it does not anticipate causing overtime. If the officer does not take his/her shift(s) off in the assigned month, the time will be lost unless the municipality directs that time cannot be taken as scheduled, in which case time will be rescheduled at the discretion of the Chief of Police or his/her designated representative within a 90 day period. Time cannot be carried forward and must be used by December 31 of that year.
For purposes of calculation an officer’s overtime entitlement under Paragraph B, paid time off (sick time, vacation time and personal days) shall be considered hours worked.
C. An officer at his/her discretion may elect to take accrued overtime off as “compensatory time”. Time will be calculated on an hour-by-hour basis. For example, if an officer has eight (8) hours of accrued overtime, the officer may be compensated as outlined in Section A.at the rate of time and one half, or he/she may take twelve (12) hours of comp time off at another time. Compensatory time shall be taken in accordance with the following restrictions: within a twelve month period after it has been accrued.

1. Compensatory time off must be utilized within 12 months of the date after which it has been accrued.
2. Scheduling of compensatory time off during the 12 month period is at the sole discretion of the Hardyston Township Chief of Police.
3. If the compensatory time off cannot be used within 12 months of the date after which it has been accrued because of the needs of the Township, the employee shall be allowed to carry the time over for an additional 90 day periods until used.

D. Overtime shall be computed and payment made on the following basis:
1. Up to the first eight (8) minutes - no pay.
2. Eight (8) through twenty-two minutes - 15 minutes pay.
3. Twenty-two (22) through thirty-seven (37) minutes - 30 minutes pay.
4. Thirty-eight (38) through forty-seven (47) minutes - 45 minutes pay.
5. Forty-seven (47) minutes through sixty (60) minutes - 1 hour pay.

B. A running total of all overtime hours shall be made available to the shift commanders at all times.

C. The Association and the employees agree there shall be no pyramiding of overtime. There shall be no double payment of overtime rates for the same hours worked either daily or weekly.

Whenever any officer shall be required as part of the officer’s official duties to appear at any Municipal, County, [or] Superior Court proceeding, or in a civil action directly related to an officer’s official duties, the time during which he/she is so engaged shall be considered compensable working time.
Whenever such appearance is required outside regularly assigned duty hours, he/she shall be credited with a minimum of two (2) hours time. For officers working eight (8) hour shifts, the employee shall be compensated for such time at straight time unless he/she has worked in excess of (8) hours that day, and if such be the case, the hours in excess of the one hundred sixty (160) hours shall be paid for at the rate of time and one-half (1 l/2). The time shall be kept to a minimum and prior authorizations shall be obtained from the Chief.
Officers working twelve (12) hour shifts shall be compensated for court time at straight time unless he/she has worked in excess of the (84) hours within the fourteen (14) day work cycle encompassing the court time, and if such be the case, the hours in excess of the (84) hours shall be paid for at the rate of time and one half (1 ˝) . The time shall be kept to a minimum and prior authorization shall be obtained from the Chief.

.

A. Employees scheduled to work on a holiday shall be paid their regular rate for the holiday plus time and one-half (1.5) for all hours worked on such holiday.
B. Employees working eight (8) hour shifts who are scheduled off on a holiday (under the circumstances described in paragraph G below) will receive an additional eight (8)hours pay at their regular hourly pay rate. Employees working twelve (12) hour shifts who are scheduled off on a holiday (under the circumstances described in paragraph G below) will receive an additional eight (8) hours pay at the regular hourly rate of pay.
C.
D. Compensation for holidays shall be paid in current pay period in which holiday falls.
E. The Employer reserves the right to schedule employees to work on holidays as required.
F. An officer may in-lieu-of pay for holiday time not worked, choose to accept time off in an amount of hours equal to the total hours eligible for holiday pay with the following restrictions:

1. Time off earned in-lieu-of pay for holidays not worked must be utilized whithinwithin (90) days of the date for which it was earned.
2. Scheduling of time off during the 90 day period that is earned in-lieu-of pay for holidays worked is at the sole discretion of the Hardyston Township Chief of Police.
3. If the time off can not be used within 90 days of the date it is credited because of the needs of the Township, the employee shall be paid for the credited time within the first pay period after the 90 days has expired or be allowed to carry the time over for additional 90 day periods until used.

H. purposes of calculating the amount of vacation with pay. In other words, an employee shall be considered to have satisfied the “Years of Cumulative Service” on January 1 of the year in which his/her anniversary falls. Only full-time (at least 40 hours per week) continuous, uninterrupted service in and for the Township of Hardyston shall be counted.

I. The scheduling of all vacation days is subject to the manpower needs of the Township and prior approval of the Chief of Police. The Chief may permit

J. three (3) officers to schedule vacations at the same time, provided that said officers are not on the same shift. Any employee may use up to an aggregate total of five

K. (5) of his/her annual vacation days in individual day segments. These sixSix (6) days may be taken in ˝ day increments rather than full day increments.

C.

All vacation days shall be scheduled by the Chief of Police and shall be used within the calendar year when earned except that up to five (5) unused vacation days earned per year may be carried over to the next succeeding calendar year, and if not used in that succeeding calendar year will be lost at the conclusion of that year.

D. during the next succeeding calendar year, and is not so used will be lost.
All full-time police captains, lieutenants, sergeants and
patrolmen shall be eligible for vacation with pay as follows upon the completion of the certain number of cumulative years as follows:

Years of Cumulative Service 8 Hour Shift Employees 12 Hour Shift Employees

1 year	10	7
5 years	15	10
10 years	21	14
20 years	25	17

1. E. Employees hired at other than first salary step shall be

A. Employees hired at the first salary step will accumulate

B. vacation time during their first year based upon one day per 3 months up until their one year anniversary of employment. For the balance of the calendar year following the employee’s first year anniversary of employment, vacation time shall be pro-rated to the end of the calendar year. At the end of the calendar year in which the employee’s first anniversary of employment falls, vacation time shall follow the schedule put forth in paragraph D. of Article VII.
G. A week’s vacation pay shall be the employee’s regular rate of

p a y time the normal hours in his straight time work week.

H. In the event an eligible employee is terminated for cause, resigns prior to December 31 of the vacation year, or is layed laid off, he/she shall be entitled to the amount of unused but accrued vacation time on a pro-rated basis prior to his separation from employment and any additional unused days that may have been carried over from the prior year. From the foregoing shall be deducted any monies that are owed to the Township by the employee which has been certified to the Township by the chief of police.
In the event of the death or retirement in good stand of any full time employee, the Township shall pay to him/her or his estate the full amount of any vacation pay accrued but unpaid at the time of his/her death or retirement.
I. In the event of the death or retirement in good standing of any full-time employee, the Township shall pay to him/her or his estate the full amount of any vacation pay accrued but unpaid at the time of his/her death or retirement.

B. In the event of the death of the employee’s grandparents,

C. grandchild, brother-in-law, sister-in-law, father-in-law, mother-in-law, nieces, nephews, uncles or aunts, the employee shall be granted time off without loss of pay from the day of death or the day of the funeral, but in no event shall said exceed three (3) calendar days.

D. Reasonable verification of the event may be required by the Township.

A. Such bereavement leave is not in addition to any holiday, day off, vacation leave or compensatory time off falling within the time of bereavement.

B. An employee may make a request of the Chief of Police or his/her designated representative for time off to attend a funeral separate and distinct from bereavement leave. Such request, if granted by the Chief of Police or his/her designated representative shall be charged, at the option of the employee, either as a personal day or against accumulated time off.

It will be the employee’s responsibility to purchase such uniforms.
Employees are solely responsible for the cost of cleaning uniforms.

whole or in part, while he/she is in the performance of his/her duties, the destroyed uniform or portion thereof, as the case may be, will be replaced immediately by the Township and the cost thereof will not be charged to the officer. Any application for replacement under this paragraph shall be endorsed by the Chief of Police before the replacement is made; the endorsement shall not be unreasonably withheld.
D . Should an employee’s uniform be lost or destroyed due to his own negligence, the employee will be personally liable to replace the uniform.

E . The employer shall provide a bullet proof vest for each employee at the time of hire. Employer shall replace the bullet proof vests of all employees covered by this agreement in accordance with the following guidelines:

Each bullet proof vest will be replaced by the employer prior to the manufacturer’s listed expiration date.
Township will continue to replace employee’s vest for the duration of the employee’s employment with the employer.
The Association will provide the Chief of Police with a list of all officers due for vest replacement by October 1 of the preceding year. Upon review of the Chief of Police a list of replacement vests will be forwarded to the Township Manager.
The threat level or other listed rating of protection on the bullet proof vest recommended for purchase will be subject to the review of the Chief of Police or his/her designated representative prior to purchase. The Chief of Police or his/her designated representative shall not unreasonably withhold approval.

Cumulative Service

11	$1900
16	$2800

B. Employees shall receive $5.00 as a meal allowance for breakfast, $10.00 for lunch,

and $15.00 for dinner while attending police or job related functions training programs beyond the Township limits provided such attendance is approved by the Chief of Police. The meal allowance will be given only when the cost of the program does not include the cost of the meal.


C. Employees shall no longer receive $500.00shall be responsible for all expenses incurred for off-duty training for firearm’s proficiency.

If any employee retires because of age, length of service, or disability, he/she will have the option of continuing coverage of hospitalization medical and dental insurance and prescription benefits as provided for other officers if he reimburses the Employer for premiums in advance of on a quarter year basis in the months of January, April, July and November. The above is subject to such provision being permissible under the policy in effect at the time of such request.

Employees retiring after twenty five (25) years of service to the Township of Hardyston (experience credited from employment in other jurisdictions shall not apply towards the calculation of years of service to the Township) shall be entitled to continued medical, dental and prescription coverage under the Township’s health insurance plans. The Township shall annually contribute to the cost of such coverages a maximum of $6906.36 plus ˝ 50% of the increase per year after 2007 in costs for single coverage premiums for medical, prescription and dental medical coverage that have occurred after 2007 through the age of 65. Beginning with the calendar year in which the retired employee turns 61, annually from the date of retirement until age 60, at which time the Townships’s contribution will increase by $20001000.00 annually from age 61 to until the retired employee turns age 65. toward the cost of such coverage. No health insurance premiums shall be paid by the Ttownship beyond age 65. Retired employees may at their sole expense also apply for spousal and dependent coverage. The retired employee shall reimburse the Township for the payment of any premium in excess of the maximums stated above. Such payments shall be made by the retired employee to the Township quarterly in accordance with the following schedule, January 1^st, April 1^st, July 1^st, October 1^st.

Employees qualifying for health insurance premium payments by the Township upon retirement shall have the option of declining coverage and accepting an annual cash payment from the Township in the amount of $2,000. No cash payments in lieu of health benefits shall be paid beyond age sixty-five (65).

In order for a retired employee to receive the health insurance benefits described herein, that retired employee must maintain continuous participation in the Township’s health insurance plans. Once a retired employee leaves the health insurance plan, that retired employee waives any future benefits under this term and the Township shall have no further obligation toward the provision of health careinsurance benefits for that retired employee at any time in the future.

1. Retirement: Any employee who retires due to disability incurred in the line of duty shall be covered under the policy in effect at that time for a period of six months from the date of such disability retirement.

2. G. Hospitalization and Dental Benefits After Death in Line of Duty

Upon an employee’s death in the line of duty, his/her spouse and dependent children shall receive continued coverage in accordance with the policy in effect at the time of the employee’s death in the line of duty, from the date of death of such employee. Notwithstanding the foregoing, continued coverage shall cease for the employee’s widow(er) immediately upon their remarriage. Coverage for the children of the employee shall cease upon the attainment of majority of an employee’s dependent children.

A. The Township will continue to provide the level of medical insurance benefits in existence as of December 31,1996.
B. The Township has the right to change insurance carriers so long as substantially similar benefits are provided.
C. For the purposes of this Article, Retirement means retirement within the meaning of the Police and Firemen’s Retirement System.

B. work related injury or illness and unable to perform his/her duties, then, in addition to any sick leave benefits otherwise provided for herein, he/she may be entitled to Workmen’s Compensation.

A. Any employee who is injured, whether slight or severe, while

B.

C. working, must make an immediate report prior to the end of the shift thereof to the immediate supervisor. Failure to so report said injury may result in the failure of the employee to receive compensation under this Article.

D. The employee shall be required to present evidence by a

E. certificate of a physician designated by the insurance carrier that he/she is unable to work and, the Township may reasonably require the employee to present such certificate from time to time.
F. If the Township does not accept the certificate of the physician designated by the insurance carrier, the Township shall have the right at its cost, to require the employee to obtain a physician examination and certification of fitness by a physician appointed by the Township.

G. E. In the event the Township physician certified the employee fit

H.
to return to duty, injury leave benefits granted under this Article shall be terminated. However, if the employee disputes the determination of the Township physician, then the Township and the employee shall mutually agree upon a third physician, who shall then examine the employee. The cost of the third physician shall be borne equally by the Township and the employee. The determination of the third physician as to the employee’s fitness to return to duty shall be final and binding upon the parties. In the event the third physician also certifies the employee fit to return to duty, injury leave benefits granted under this Article shall be terminated.

A. F. In the event any employee is granted said injury leave, the

B.
Township’s sole obligation shall be to pay the employee the difference between his/her regular pay and any compensation, disability or other payments received from other
sources. At the Township’s option, the employee shall either surrender and deliver any compensation disability or other payments to the Township and receive his/her entire salary payment, or the Township shall only pay the difference.
G. If the Township can prove that an employee has abused his/her

privileges under this Article, the employee will be subject to disciplinary action by the Township, up to and including termination.

B. The employee shall be required to present evidence by a certificate of a physician designated by the insurance carrier that he/she is unable to perform any work and the Township may reasonably require the employee to present such certificate from time to time.

A. If the Township does not accept the certificate of the physician designated by the insurance carrier, the Township shall have the right at its own cost, to require the employee to undergo a physical examination and obtain a certification of fitness by a physician appointed by the Township.

1. Any amount of insurance proceeds payable under said policy

C. An employee will be required to use his accumulated sick

D.

E. time to account for the first 15 calendar days of the waiting period before qualifying for an additional 15 calendar days of injury disability coverage to be paid by the Township. For the purpose of this agreement, the 15 day benefit shall be one-half of the monthly benefit as provided by the terms of the disability plan in effect at the time of the injury and after having been established as a valid disability claim by the insurance company.

1. The Township will be responsible to pay for only one 15 day

STEP ONE

The aggrieved or the Association shall present the grievance to the Chief of Police under the provisions hereof within seven (7) calendar days after the event giving rise to the grievance has occurred, and an earnest effort shall be made to settle the differences between the aggrieved employee and the Chief of Police for the purpose of resolving the matter informally. Failure to act within said seven (7) calendar days shall be deemed to constitute an abandonment of the grievance.


STEP TWO

If no agreement can be reached orally within five (5) calendar days of the submission of the Step One grievance to the Chief of Police, the employee or the Association may present the grievance in writing within seven (7) calendar days thereafter to the Chief of Police or his/her designated representative. The written grievance at this Step shall contain the relevant facts and a summary of the preceding oral discussion, the applicable Section of this contract violated, and the remedy requested by the grievance. The Chief of Police or his designated representative will answer the grievance in writing within seven (7) calendar days of receipt of the written grievance.

STEP THREE

If the employee or Association wishes to appeal the decision of the Chief of Police, such appeal shall be presented to the Township Manager within five (5) calendar days thereafter. This presentation shall include copies of all previous correspondence relating to the matter in dispute. The Township Manager shall respond, in writing, to the grievance within fifteen (15) calendar days of the submission.

STEP FOUR

If the grievance is not settled though Steps One, Two and Three, the association shall have the right to submit the dispute to arbitration pursuant to the Rules and Regulations of the Public Employment Relations Commission. The costs for the services of the arbitrator shall be borne equally by the Township and the Association. Any other expenses, including but not limited to the presentation of witnesses shall be paid by the parties incurring same

1. The arbitrator shall be bound by the provisions of this Agreement and the Constitution and Laws of the State of New Jersey, and be restricted to the application of the facts presented to him/her involved in the grievance. The arbitrator shall not have the authority to add to, modify, detract from or alter in any way the provisions of this Agreement or any amendment or supplement thereto. The decision of the arbitrator shall be in writing with reasons therefore, final and binding.

B.

C. whose authorization shall not be unreasonably withheld, the designated Association Representatives shall be permitted as members of the Grievance Committee to confer with employees and the Township on specific grievances in accordance with the grievance procedure set forth herein during work hours of employees, without loss of pay, provided, the conduct of said business does not diminish the effectiveness of the Township of Hardyston or require the recall of off-duty employees.

D. The time limits expressed herein shall be strictly adhered

E.

F. to. If any grievance has not been initiated within the time limits specified, then the grievance shall be deemed to have been abandoned. If the grievance is not processed to the next succeeding step in the grievance procedure within the time limits prescribed thereunder, 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 the 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 for processing the grievance at any step in the grievance procedure.

G. Employees covered by this Agreement shall have the right

H. to process their own grievance without representation, however, only the bargaining representative of the PBA on behalf of its members may force arbitration.

B.

C. by an employee by reason of personal illness/medical emergency or an illness/medical emergency of a spouse, child, parent, civil union partner and/or domestic partner.

D. B. An employee if absent for reasons that entitle him/her to sick

E.
leave shall notify his/her supervisor promptly, but not later than two (2) hours before the employee’s usual reporting time, except in emergency circumstances. Failure to give such notice may be cause for denial of the use of sick leave for the shift involved and may constitute cause for disciplinary action. Absence for five (5) consecutive days without notice shall constitute a resignation on the employee’s behalf.
A. A certificate of a physician in attendance shall be required as proof of need of the employee’s leave after three (3) consecutive days sick leave. A certificate of a physician in attendance shall also be required as proof of the need of the employee’s leave after (10) days leave in one (1) calendar year consisting of periods of less than five (5) days, unless such illness is of a chronic or recurring nature requiring recurring absences of one (1) day or less in which case only one (1) certificate shall be necessary for a period of six (6) months. The Township in any event may require proof of illness of an employee on sick leave, whenever such requirement appears reasonable.
B. In cases of leave of absence ordered by the Township Health Department due to exposure to contagious disease, a certificate from the Department of Health shall be required before the employee may return to work and time lost will not apply to sick leave time or any loss of pay.

1. G. The recommendation of the Township’s Medical Physician as

A. All employees shall be granted twelve (12) sick days with pay

B. per calendar year.

D. Sick leave during a holiday for which an officer is scheduled to work shall require a certificate of a physician as to the need for sick leave. Officers producing said physician’s certificate shall not have/his her accumulated sick time reduced and shall receive eight hours straight pay only for the holiday not worked. Officers failing to produce said physician’s certificate shall have their accumulated sick time reduced by one day and shall receive eight hours straight pay for the holiday not worked.

B. term of this Agreement, neither the Association nor any person acting in its behalf will cause, authorize or support, nor will any of its members take part in any strike, (i.e., the concerted failure to report for duty or willful absence of any employee from his/her position, or stoppage of work, or absence in whole or in part, from the full, faithful or proper performance of the employee’s duties of employment), work stoppage, slow­down, walkout or other illegal job action against the Township. The Association agrees that such action would constitute a material breach of this Agreement.
C. Nothing contained in this Agreement shall be construed to limit or restrict the Township in its right to seek and obtain such judicial relief as it may be entitled to have in law or in equity for injunction or damages, or both, in the event of such breach of the association or its members.

Associates Degree - $1000.00/year
Bachelor’s Degree - $2000.00/year

By: By:By: By:

STEP/YEAR
Patrol Academy		$
Patrol One		$
Patrol Two		$
Patrol Three		$
Patrol Four		$
Patrol Five		$
Patrol Six		$
Sergeant		$
Lieutenant		$

	AGREEMENT BETWEEN
	THE TOWNSHIP OF HARDYSTON AND PBA LOCAL 374
	January 1, 2007 through December 31, 2009
	4.5% salary increase for three-year period
	As of 01/01/08 there will be a one-time lump sum payment of $1750.00
	added to the base pay after calculation of the 4.5% salary increase
	ATTACHMENT A - SALARY GUIDE
STEP/YEAR	2007	2008	2009
Patrol Academy	$ 38,966.62	$ 42,470.12	$ 44,381.27
Patrol One	$ 43,296.25	$ 46,994.58	$ 49,109.34
Patrol Two	$ 48,106.94	$ 52,021.75	$ 54,362.73
Patrol Three	$ 50,638.87	$ 54,667.62	$ 57,127.66
Patrol Four	$ 57,649.22	$ 61,993.44	$ 64,783.14
Patrol Five	$ 62,927.07	$ 67,508.79	$ 70,546.68
Patrol Six	$ 75,357.71	$ 80,498.81	$ 84,121.25
Sergeant	$ 81,385.49	$ 86,797.84	$ 90,703.74
Lieutenant	$ 84,640.55	$ 90,199.37	$ 94,258.34
Captain	$ 88,026.17	$ 93,737.35	$ 97,955.53

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