AGREEMENT
BETWEEN:
MUSCONETCONG SEWERAGE AUTHORITY
MORRIS COUNTY, NEW JERSEY
- AND -
NEW JERSEY EMPLOYEES LABOR UNION
LOCAL #1, U.S.W., AFL-CIO
January 1, 2001 Through December 31, 2005
TABLE OF CONTENTS
PREAMBLE -1-
MANAGEMENT RIGHTS -2-
RECOGNITION AND DEFINITION -2-
DUES/AGENCY REPRESENTATION FEE -3-
EQUAL EMPLOYMENT OPPORTUNITY POLICY -4-
BEREAVEMENT LEAVE -4-
CALL-IN -4-
CLOTHING ALLOWANCE -4-
CONTINUING EDUCATION -5-
DENTAL/EYE -5-
HEALTHCARE INSURANCE -5-
HOLIDAYS -5-
JURY DUTY -6-
LICENSING -6-
OVERTIME -7-
PERSONAL DAYS -7-
SHIFT DIFFERENTIAL PAY -7-
SALARIES -7-
SICK TIME -10-
SHORT-TERM DISABILITY -10-
LONG-TERM DISABILITY -11-
VACATION -11-
VEHICLE MILEAGE REIMBURSEMENT -11-
WEEKEND SCHEDULING -11-
PROBATION PERIOD -11-
GRIEVANCE PROCEDURE -12-
SENIORITY AND JOB PERFORMANCE -12-
FULLY BARGAINED PROVISIONS -13-
TERM OF AGREEMENT -13-
APPENDIX A
JOB DESCRIPTIONS -15-
QUALIFICATIONS FOR ADVANCEMENT -35-
PREAMBLE
THIS AGREEMENT entered into this _____ day of December, 2003, by and between
the Musconetcong Sewerage Authority, hereinafter called the “Authority”, and the New Jersey Employees Labor Union, Local #1, U.S.W., AFL-CIO, hereinafter called the “Union”, represents the complete and final understanding on all the negotiable issues between the Authority and the Union.
1. MANAGEMENT RIGHTS
A. The Authority hereby retains and reserves unto itself, without limitation, all
powers, rights, authority, duties and responsibilities conferred upon and vested in it prior to the signing of this Agreement by the Laws and Constitution of the State of New Jersey and of the United States, including, but without limiting the generality of the foregoing, the following rights:
1. To the executive management and administrative control of the Sewer Authority 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 for continued employment or assignment and to promote and transfer employees;
3. To suspend, demote, discharge or take other disciplinary action for good and just cause according to law.
B. The exercise of the foregoing powers, rights, authority, duties and
responsibility of the Authority, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith shall be limited only by the specific and express terms of this Agreement and then only to the extent such specific and express terms hereof are in conformance with the Constitution and Laws of New Jersey and of the United States.
2. RECOGNITION AND DEFINITION
The Authority recognizes the Union as the exclusive Bargaining Agent for all Authority employees of the Musconetcong Sewerage Authority, excluding confidential, managerial, executives and supervisory employees as defined within the meaning of the Public Employment Relations Act. Attached hereto as Schedule ‘A’ is a list of the titles active at the execution of this Agreement, which are covered by this contract. The Authority and the Union agree that Schedule ‘A’ is non-exhaustive in that it does not reflect other titles covered by this Agreement, which may be added or created during the term of the Agreement.
3. DUES/AGENCY REPRESENTATION FEE
A. The Authority agrees to deduct initiation fees, assessments and
membership dues from the pay of each employee in the Bargaining Unit who is a member of the Union, a sum to be certified at least on an annual basis in writing by the local Union to the Authority, who shall remit same to the Union within five (5) days of the deduction.
B. Notwithstanding anything to the contrary in this Article, the Authority
shall have no obligation to make dues deductions unless and until it receives the signed authorization from the employee in accordance with the Union Authorization form. The Authority shall notify the Union President and Shop Steward of new employees no later than fourteen (14) days from the date of hire.
C. The Authority shall deduct from the pay of all employees covered by this
Agreement who are non-members of the Union or who have not submitted to the Authority written notices authorizing deduction of the dues, fees and assessments from the employee’s pay, the maximum amount permitted by law in lieu of dues (85%) and shall forward the amount to the Union within five (5) days of the deduction.
The Union shall provide the Authority with written certification at least, on an annual basis, as to the sum to be decided in lieu of dues.
D. The Union agrees to indemnify and hold the Authority harmless from any
claim or action commenced by an employee against the Authority, which arises out of the aforesaid deductions under this Article, provided that the claim does not arise out of negligence of the Authority. The Union shall provide the Authority with a copy of its Demand and Return Policy as required by law.
4. EQUAL EMPLOYMENT OPPORTUNITY POLICY
A. It is mutually agreed that there shall be no discrimination because of race,
color, religion, sex, age marital status, national origin, or physical disability unless based upon a bona fide job requirement. The Union and the Authority representatives shall work cooperatively to assure the achievement of equal employment opportunities. Any employee who fails to cooperate to this end shall be subject to disciplinary action. Furthermore, employees who feel they have been discriminated against shall be encouraged to use this grievance provisions of this contract prior to seeking relief through other channels.
5. BEREAVEMENT LEAVE
Employees shall be allowed up to three (3) days off with pay for a death in the immediate family. Immediate family members shall be defined as the following:
Husband, Wife, Son, Daughter, Mother, Father, Brother, Sister, Mother-in-law, Father-in-law, Brother-in-law, Sister-in-law, Grandmother, Grandfather, Grandmother-in-law, Grandfather-in-law.
6. CALL-IN
Any employee called in to work during their time off will be paid at the rate of one and a half times their base rate for a minimum of four hours.
7. CLOTHING ALLOWANCE
An employee shall be provided with daily weekday uniforms and weekday cleaning, laundry service. In addition, the following items are supplied to each employee:
One coat
One set of foul weather gear with boot
One pair of coveralls
Sixty-five dollars ($65.00) towards safety shoes, at the discretion of the Facilities Manager as to wear and tear
8. CONTINUING EDUCATION
With prior approval from the Authority, employees are allowed to attend schools,
seminars and training classes related to their work at the MSA at the Authority’s expense.
9. DENTAL/EYE CARE PROGRAM
The Authority will provide, for full time employees, and their families a
maximum reimbursement of up to $500 per year for each year of the contract for bona fide dental or eyeglass expenses. Reimbursement will be paid to the employee upon receipt of paid bills for the services provided.
9A. DEFERRED COMPENSATION PLAN
The Authority also agrees to assist in the establishment of a deferred
compensation plan selected by the Union provided that no contribution from the Authority is required.
10. HEALTHCARE INSURANCE
The Authority will provide full health care insurance through the New Jersey State Health Benefits Program.
11. HOLIDAYS
Holidays shall be offered to all full-time employees on an equal basis. Any employee who works a holiday shall receive, in addition to their regular holiday pay, one and one-half times their base pay.
Holidays shall include the following:
New Year’s Day
President’s Birthday
Good Friday
Memorial Day
Independence Day
Labor Day
Columbus Day
Election Day
Veteran’s Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
12. JURY DUTY Employees attending jury duty will turn over payments to the MSA and are required to report for work when not attending. Salary will be paid for the time in attendance at jury duty.
13. LICENSING
An employee taking courses for a license shall be reimbursed upon completion and a passing grade. Each employee receives a $150.00 bonus for passing the course.
Each employee taking the State Licensing Test and successfully passing the test will receive a bonus of $300.00 for passing the respective test as follows:
S-1 C-1
Effective only for the year 2005, bonuses for the following licenses will be paid on a one-time basis to employees holding the following licenses on December 1, 2005:
S-1 $200.00 C-1 $200.00
S-2 $500.00 C-2 $500.00
S-3 $1,000.00 C-3 $1,000.00
S-4 $1,500.00 C-4 $1,500.00
The foregoing bonuses effective in 2005 only will not continue beyond the expiration of the existing contract, and there will be no further perpetuation of this benefit, even in the event of impasse, unless same is agreed upon in writing in subsequent negotiations.
14. OVERTIME
Employees who work more than eight (8) hours in a single day or 40 hours in a single week, shall receive one and one-half times their base pay for the excess hours worked. Shift differential shall apply to overtime worked during the second or third shift.
15. PERSONAL DAYS
Employees shall be granted three (3) personal days per year, without accumulation, to be used at their discretion with supervisor approval.
16. SHIFT DIFFERENTIAL PAY
Any employee working the second or third shifts, will receive in addition to their base pay, 10% (ten percent) per hour per shift.
Conflicts in shift schedules shall be resolved on the basis of seniority.
17. SALARIES AND LONGEVITY
For the following titles, Maintenance Mechanic, Chief Operator, Operator and Lab
Technician, longevity will be paid for the years 2001, 2002 and 2003 on December 1, for their years of service as follows:
Seven Years of Service $550.00
Ten Years of Service $1,100.00
Fifteen Years of Service $1,650.00
Effective January 1, 2004 longevity has been included in base salary for incumbent employees only in the foregoing titles. New hires shall not receive longevity as part of their base salary. New hires shall continue to receive longevity as a lump sum on December 1, for their years of service as set forth in the above schedule.
Employees listed on the following salary schedules shall move vertically to the next applicable salary step on their respective anniversary date of hire effective January 1, 2004 and thereafter on each successive anniversary date of hire they shall move vertically until achieving maximum salary. Employees in the indicated titles shall move horizontally on the salary schedules below as of January 1 of each successive year for the term of the contract.
Salary increments for the years 2001 through 2005 shall be determined as follows: Maintenance Mechanic
2001 | 2002 | 2003 | 2004* | 2005 | Term |
| $35,152 | $36,558 | $38,020 | $39,541 | $41,123 | start to 7 years |
 | | | $40,091 | $41,695 | 7 years of service to 10 years |
| | | $40,641 | $42,267 | 10 years of service to 15 years |
| | | $41,191 | $42,839 | 15 years of service |
Chief Operator
2001 | 2002 | 2003 | 2004* | 2005 | Term |
| $46,790 | $48,662 | $50,608 | $52,632 | $54,737 | start to 7 years |
| | | $53,182 | $55,309 | 7 years of service to 10 years |
| | | $53,732 | $55,881 | 10 years of service to 15 years |
| | | $54,282 | $56,453 | 15 years of service |
Operator
2001 | 2002 | 2003 | 2004* | 2005 | Term |
| $34,114 | $35,479 | $36,898 | $38,374 | $39,909 | start to 7 years |
| | | $38,924 | $40,481 | 7 years of service to 10 years |
| | | $39,474 | $41,053 | 10 years of service to 15 years |
| | | $40,024 | $41,625 | 15 years of service |
Lab Technician
2001 | 2002 | 2003 | 2004* | 2005 | Term |
| $35,152 | $36,558 | $38,020 | $39,541 | $41,123 | start to 7 years |
| | | $40,091 | $41,695 | 7 years of service to 10 years |
| | | $40,641 | $42,267 | 10 years of service to 15 years |
| | | $41,191 | $42,839 | 15 years of service |
* Effective January 1, 2004, the salaries listed above be reduced by $550.00 at each respective step for any new hire.
The hourly rates for the following titles, Operator Trainee, Laboratory Assistant, Maintenance Assistant and Laborer shall be as set forth below:
Operator Trainee 13.25 13.78 14.33 14.90 15.50
Laboratory Assistant 13.25 13.78 14.33 14.90 15.50
Maintenance Assistant 13.25 13.78 14.33 14.90 15.50
Laborer 12.35 12.85 13.36 13.90 14.45
18. SICK TIME
Effective for the years 2001 and 2002 employees shall be credited with nine (9) sick
days on January 1 of each year consistent with past practice.
Effective on January 1, 2003, employees shall be credited with twelve (12) sick days on January 1 of each year with unlimited accumulation. Upon retirement pursuant to the Public Employees Retirement System (PERS) from the Authority and notice of 180 days, employees shall be eligible to receive payment at the rate of one (1) day’s pay for each three (3) days of accumulated sick leave with a total payment not to exceed Fifteen Thousand Dollars ($15,000.00).
19. SHORT-TERM DISABILITY
Effective upon execution of this agreement, the Authority shall implement a Short-term Disability Plan. Pursuant to that Plan, employees shall receive 100% of base salary for 180 calendar days after use of all accumulated sick leave. Disability shall be defined as set forth in the Plan documents along with all other details of the Short-term Disability Plan.
20. LONG-TERM DISABILITY
After having been on short-term disability for 180 calendar days, an employee shall be eligible for long-term disability in accordance with the provisions of the Disability Insurance Plan at the rate 66 2/3 % of base salary. The terms of the long-term disability plan shall be as set forth in the Plan documents.
21. VACATION
Employees are granted vacation according to the following schedule of years of service.
One year of service 10 days
Five years of service 15 days
Ten years of service 20 days
Fifteen years of service 25 days
Twenty years of service 30 days
Conflict in vacation schedules shall be resolved on the basis of seniority.
Vacation days must be taken within six (6) months of the end of the fiscal year, unless extenuating circumstances exist.
An employee may receive vacation pay in advance if requested two (2) weeks prior to vacation providing vacation does not overlap the end of the fiscal year.
22. VEHICLE MILEAGE REIMBURSEMENT
Mileage reimbursement will be paid at the rate of $0.25 per mile.
23. WEEKEND SCHEDULING
Employees will be offered the opportunity to work on weekends on an equal basis at a premium rate of pay of one and one-half times their base rate.
24. PROBATION PERIOD
New employees will have a six month probationary period.
25. GRIEVANCE PROCEDURE
In the event that an employee has a grievance related to his employment, said employee will discuss the problem with the Superintendent.
In the event that the problem cannot be resolved in the above manner, the employee should inform the Chairman of the Personnel Committee in writing of the grievance.
If after both of the above procedures have been followed and the employee has not successfully resolved his grievance, he may come before the Board of Commissioners for further discussions.
26. SENIORITY AND JOB PERFORMANCE
A. All job openings shall be posted for bid for a period of one (1) week.
B. It is hereby agreed that the parties hereto recognize and accept the principal of seniority in cases of transfer, promotions, assignments of schedules, layoffs, and recalls. In all cases, however, ability to perform the work in a satisfactory manner will be a factor in designating the employee to be affected.
C. An employee shall be deemed as probationary following his regular appointment to a permanent position for a trial period of six (6) months. An employee may be dismissed without recourse during the probationary period for reasons relating to the employee’s qualifications.
D. The seniority of an employee is defined as the length of service as an Authority
Employee dating back to his first date of hire and by his job classification.
E. In the event of layoffs and rehiring, the last person laid off in any job
classification shall be rehired to any new position available, provided said employee is able to do the available work in a qualified and satisfactory manner.
F. When promotions to a higher labor grade or transfers to another grade are in order, the Authority shall make such promotions or transfers from among its regular employees if qualified employees are presently employed. Consideration for such promotions or transfers shall be based on seniority and ability to perform the work and if an employee so promoted or transferred is not deemed qualified after a sixty (60) day trial period, the Authority may remove him and transfer him to his former position.
27. FULLY BARGAINED PROVISIONS
This agreement represents and incorporates the complete and final understanding and settlement by the parties on all negotiable issues which were or could have been the subject of negotiations. During the term of this Agreement, neither party will be required to negotiate with respect to any such matter, whether or not covered by this Agreement, and whether or not within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement.
28. TERM OF AGREEMENT
This Agreement shall take effect from January 1, 2001, and shall remain in full force and effect through December 31, 2005, and thereafter from year to year unless either party shall give notice in writing no sooner than one-hundred fifty (150) days nor later than one-hundred twenty (120) days in advance of the expiration date of this Agreement of the desire to amend or terminate the same. All changes by the moving party must be submitted in writing at the time the initial aforesaid notice is given. Thereafter, the responding party shall have thirty (30) days to give notice of proposed changes and/or counter proposals in writing. No such changes by either party shall be considered which are not received in accordance with this Section.
COMMISSIONERS’ SIGNATURES EMPLOYEES’ SIGNATURES
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DATED: _______________, 2003
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