-70- PREAMBLE
This Agreement, dated as of the 1st day of January, 2004, and effective the 1st day of January, 2004, is entered into by and between the Somerset County Board of Social Services (here-inafter referred to as the "Board" and Local 2513, American Federation of State, County and Municipal Employees, AFL-CIO (here-inafter referred to as the "Union").
S E C T I O N I
ARTICLE 1
RECOGNITION
In accordance with existing certification, the Board recognizes the Union as the exclusive collective negotiations agent for non-supervisory professional and non-professional employees as set forth below:
Senior Account Clerk
Principal Account Clerk
Clerk Typist
Clerk Typist Bilingual/Spanish and English
Senior Clerk Typist
Senior Clerk Typist Bilingual/Spanish and English
Principal Clerk Typist
Principal Data Control Clerk
Human Services Specialist 1
Human Services Specialist 1 Bilingual/Spanish and English
Human Services Specialist 2
Human Services Specialist 2 Bilingual/Spanish and English
Human Services Specialist 3
Human Services Specialist 3 Bilingual/Spanish and English
Income Maintenance Aide
Income Maintenance Aide Bilingual/Spanish and English
Building Maintenance Worker
Motor Vehicle Operator/Elderly and Handicapped
Investigator
Investigator/Bilingual
Senior Investigator
Senior Investigator/Bilingual
Social Service Aide
Social Service Assistant
Social Service Technician
Social Worker
Social Worker Bilingual/Spanish and English
Social Work Specialist
Alcoholism Counselor/Drug Abuse Counselor
Clinical Psychologist
Customer Service Specialist
Graduate Nurse
Principal Purchasing Assistant
Technical Assistant/MIS
Training Technician
ARTICLE 2
MANAGEMENT RIGHTS
All the powers, rights, prerogatives, duties, respon-sibili-ties and authority that the Board had prior to the signing of this Agreement are retained by the Board, except those and only to the extent that they are specifically modified by this Agreement and are not contrary to public policy nor any law of the State of New Jersey, or any rules, regulations or directives promulgated by the State Division of Family Development.
ARTICLE 3
Section 1. Dues Check Off/Representation Fee in Lieu of Dues
In accordance with Title 52:14-15.9e of the New Jersey Statutes Annotated, the Board agrees to deduct the Union monthly membership dues from the pay of those employees who individually request in writing that such deduction be made. The amounts to be deducted shall be certified to the employer by the Treasurer of the Union and the aggregate deductions of all employees shall be remitted to the Treasurer of the Union together with a list of the names of all employees for whom the deductions were made by the 10th day of the succeeding month after deductions are made. The revocation of this authorization shall be in accordance with the application statutes as presently existing or as may be amended.
Section 2. Representation Fee in Lieu of Dues
In accordance with N.J.S.A. 34:13A-5.5, the parties agree that the Board will deduct a representation fee from all nonmember employees under the following conditions:
(1) The majority of the employees in the Bargaining Unit are voluntary dues paying members; and
(2) The Union maintains a demand and return system as described in N.J.S.A. 34:13A-5.5(c); and
(3) The representation fee in lieu of dues shall be in an amount equivalent to the regular membership dues, less the cost of benefits financed through the dues which are available and benefit only its members, but in no event shall such fee in lieu of dues exceed 85% of the regular membership dues.
ARTICLE 4
TRANSFER OF WELFARE PROGRAM
Should the Federal, State or County Government enact legislation to assume the supervision and administration of the Welfare Program, specific provision should be made by the State to protect and guarantee that the Civil Service and Retirement Rights of Board personnel transferred to employment under the Federal or State Government Welfare Program be continued.
S E C T I O N II
ARTICLE 5
HOURS OF WORK
Normal working hours shall be from 8:30 a.m. to 4:30 p.m. or 9:00 a.m. to 5:00 p.m., Monday through Friday, or at such other times or on such other days as may be established by the Board after consultations with the Union. A normal work week shall consist of thirty-five (35) hours. A normal work day as used in the Agreement shall mean seven (7) hours work for full-time employees.
On a work day when the Agency is considered to be closed for the entire normal work day, employees who have been approved for vacation, sick, personal or bereavement days with pay shall not be charged with the time specified in their request.
Hours of work other than as set forth above including four (4) day work weeks are covered by Board policy.
ARTICLE 6
SALARIES
Section 1. Salaries
(a) Effective January 2004:
1. Step 1 on all ranges is eliminated and replaced with step 2 the value of which now becomes step 1. Three (3%) percent of this salary shall establish the basis of subsequent step increments. Each range affecting the bargaining unit members shall continue to have a total of 20 steps with each step separated by an amount equal to the value of 3% of step 1 as noted above.
A copy of the salary guide for January 1, 2004 is attached hereto as Exhibit A.
(b) Effective July 1, 2004:
1. All employees in the bargaining unit shall have their salary adjusted one step.
2. Employees at the maximum shall receive a $600 payment outside the Range.
3. After the adjustments in (b)(1) and (2) are effective, all Ranges will be increased by 3% Step to Step.
(c) Effective January 2005:
1. Step 1 on all ranges is eliminated and replaced with step 2 the value of which now becomes step 1. Three (3%) percent of this salary shall establish the basis of subsequent step increments. Each range affecting the bargaining unit members shall continue to have a total of 20 steps with each step separated by an amount equal to the value of 3% of step 1 as noted above.
(d) Effective July 1, 2005:
1. All employees in the bargaining unit shall have their salary adjusted one step.
2. Employees at the maximum shall receive a $600 payment outside the Range.
(e) Effective January 2006:
1. Step 1 on all ranges is eliminated and replaced with step 2 the value of which now becomes step 1. Three (3%) percent of this salary shall establish the basis of subsequent step increments. Each range affecting the bargaining unit members shall continue to have a total of 20 steps with each step separated by an amount equal to the value of 3% of step 1 as noted above.
(f) Effective July 1, 2006:
1. All employees in the bargaining unit shall have their salary adjusted one step.
2. Employees at the maximum shall receive a $600 payment outside the Range.
A copy of the Salary Guide for 2005 and 2006 is attached hereto as Exhibit B.
Section 2. Bilingual Payments
Any Employee covered by this Agreement who is classified with a bilingual Spanish/English variant and is assigned by Administration to provide translation services shall receive a $400 annual salary differential which will be paid in one annual payment in addition to their base salary.
Section 3. Pay Days
Employees will be paid every two (2) weeks, with twenty-six (26) pay periods in a calendar year. If pay day occurs during the time an employee is scheduled to be on vacation, the employee may request and receive his/her paycheck before leaving on vaca-tion in accordance with County policy.
ARTICLE 7
OVERTIME
Employees covered by this Agreement will be compensated at the rate of time and one-half (1-1/2) in cash compensation for hours in excess of forty (40) in any calendar week. Hours worked on a holiday shall be compensated at time and one-half (1-1/2) in addition to the holiday credit. No overtime shall be incurred without prior written authorization of the supervisor.
Hours worked in excess of thirty-five (35), up to forty (40), will be compensated for by compensatory time off at straight time, and will be scheduled within the next four (4) calendar weeks. In the event compensatory time cannot be sche-duled within the next four (4) calendar weeks, the employee will be paid at the straight time hourly rate.
In exception to the previous paragraph, employees who are in the job title "Motor Vehicle Operator" or who work as a motor vehicle operator shall receive cash compensation at the rate of time and one-half (1-1/2) for all hours worked in excess of 35 in any calendar week at the motor vehicle operator's rate.
S E C T I O N III
ARTICLE 8
HOLIDAYS
The following shall be paid holidays:
New Year's Day Labor Day
Martin Luther King's Birthday Columbus Day
Lincoln's Birthday General Election Day
Washington’s Birthday Veterans' Day
Good Friday Thanksgiving Day
Memorial Day Day After Thanksgiving
Independence Day Christmas Eve
Christmas Day
In addition to the aforementioned holidays, the Board will grant a holiday when the Governor, in his role as Chief Executive of the State of New Jersey, declares a holiday by Pro-clamation, or when the Board of Chosen Freeholders of Somerset County declares a holiday for all County employees. Should any of the above paid holidays fall on a Sunday, it shall be cele-brated on the following Monday.
ARTICLE 9
VACATION DAYS
Full-time employees shall be granted vacation benefits as follows:
One (1) working day for each full month of service or major fraction thereof during the remainder of the calendar year following date of appointment;
After one (1) year of service through five (5) years of service, twelve (12) working days per year;
After five (5) years of service through twelve (12) years of service, fifteen (15) working days per year;
After twelve (12) years of service through twenty (20) years of service, twenty (20) working days per year;
With the twenty-first (21) year of service and beyond, twenty-five (25) working days per year.
Part-time employees shall be granted vacation benefits on a prorated basis as above.
Vacation requests should be made to the employees' super-visor whenever possible at least one (1) month in advance. The one (1) month in advance request may be waived at the dis-cre-tion of the employees' supervisor should sudden and unanticipated vacation needs of the employee arise.
ACCUMULATION OF VACATION DAYS
When, in any calendar year, vacation leave or any part thereof is not granted by reason of pressure of work such leaves or parts thereof not granted shall accumulate and may be carried over to the next succeeding calendar year only.
ARTICLE 10
SICK LEAVE
Sick leave policies shall be in accordance with the following Somerset County policy.
Section 2. Sick Leave During Remainder of First Calendar Year
A. Full-time employees shall earn one sick leave day for each full month of service during the remainder of the calendar year in which employed. Part-time employees shall earn sick leave time during the remainder of the calendar year in which employed in accordance with the following chart:
Employees who work five, 4-hour days per week shall earn one, 4-hour sick leave day for each full month of service.
Employees who work three, 7-hour days per week shall earn one, 7-hour sick leave day for each full month of service, up to seven days.
Employees who work five, 5-hour days per week shall earn one, 5-hour sick leave day for each full month of service.
Employees who work four, 7-hour days per week shall earn one, 7 hour sick leave day for each full month of service up to nine days.
B. For the purpose of this policy, all employees hired on or before the 15th of a given month shall earn sick leave time at the end of said month.
C. During the remainder of the calendar year in which em-ployed, employees may use sick leave days only as earned.
Section 3. Accumulation of Sick Leave Days
A. At the beginning of each subsequent calendar year, each full-time employee shall be credited with fifteen sick leave days. At the beginning of each subsequent calendar year, each part-time employee shall be credited with sick leave days in accordance with the following chart:
Employees who work five, 4-hour days per week shall be credited with fifteen, 4-hour sick leave days.
Employees who work three, 7-hour days per week shall be credited with nine, 7-hour sick leave days.
Employees who work five, 5-hour days per week shall be credited with fifteen, 5-hour sick leave days.
Employees who work four, 7-hour days per week shall be credited with twelve, 7-hour sick leave days.
B. Full-time employees may accumulate unused sick leave days, but the maximum permissible accumulation shall not exceed 180 days. Part-time employees may accumulate unused sick leave days, but the maximum permissible accumulation shall not exceed the number of days designated as follows:
Employees who work five, 4-hour days per week may accumulate up to 180, 4-hour sick leave days.
Employees who work three, 7-hour days per week may accum-u-late up to 108, 7-hour sick leave days.
Employees who work five, 5-hour days per week may accumulate up to 180, 5-hour sick leave days.
Employees who work four, 7-hour days per week may accumulate up to 144, 7-hour sick leave days.
C. Any annual sick leave days which would otherwise accumulate thereafter shall earn additional vacation days on the basis of one vacation day for each three sick leave days (Note: for part-time employees who work less than a 7-hour day, the word "day" refers to the number of hours they are regularly scheduled to work in any one, 24-hour period). Excess sick leave days shall be converted to vacation days at the end of each calendar year. For the purposes of this policy, any balance of less than one and one-half excess sick leave days shall not be converted to a vacation day.
Section 4. Termination
A. When an employee resigns in good standing or is terminated through no fault of his/her own after ten years or more service with the County, the employee shall receive pay-ment for one-third of his/her accumulation of unused sick leave days carried over from the previous calendar year. The employee shall also receive payment for 1/12 of the sick leave days credited to him/her at the beginning of his/her terminating year for each full month worked during said year, provided the employee had not already used such time. For the purpose of this policy, if an employee's last day worked is on or after the 15th of a given month, he/she shall receive credit for said month. If, after com-puting one-third of an employee's accumulation of unused sick leave days, there is less than one-half day remaining, the employee shall not receive credit for this.
B. An employee who resigns not in good standing or who is terminated as a result of disciplinary action shall not receive payment or any accumulation of unused sick leave days, regardless of his/her number of years of service with the County.
Section 5. Death
In the event of death of an employee, the employee's sur-vivor, estate, or administrator shall receive payment for the employee's unused sick leave time, regardless of the number of years of service the employee had with the County, computed in the same manner as it is for an employee who resigns in good standing after ten years or more of service.
Section 6. Retirement
When an employee retires, the employee shall receive pay-ment for one-half of his/her accumulation of unused sick leave days carried over from the previous calendar year, regardless of the number of years of service the employee had with the County. The employee shall also receive pay-ment for 1/12 of the sick leave days credited to him/her at the beginning of his/her retiring year for each full month worked during said year, provided the employee had not already used such time. For the purpose of this policy, if an employee's last day worked is on or after the 15th of a given month, he/she shall receive credit for said month. If, after computing one-half of an employee's accumulation of unused sick leave days, there is less than one-half day remaining, the employee shall not receive credit for this.
PROCEDURE
Section 1. Notification of Sick Leave Use
It shall be the responsibility of all employees to notify their department head no later than the start of their regularly schedule work day if they are ill and find it necessary to use a sick leave day. It shall also be the responsibility of these employees to notify their Depart-ment Head daily if their illness or disability continues for longer than one day.
In cases of planned disabilities such as surgery or preg-nancy, it shall be the employee's responsibility to notify and submit to the department head a doctor's certificate with a prognosis, dates of anticipated duration of the dis-a-bility and an expected return to work date; and a request of the type(s) of leave to be used to cover the disability.
In case of grave illness of a spouse, child or parent where an employee wishes to use Sick Leave or accrued Sick Leave, the employee shall submit an "Emergency Leave Request" to the Personnel Office with the recommendation of the Depart-ment Head. The application shall include a physician's statement concerning the prognosis and anticipated duration of the patient's illness.
Section 2. Physician's Statements
In an instance where an employee shall be using sick leave days for a period of five working days or longer, the employee must submit a written statement from his/her physician to the employee's Department Head who shall forward it to the Personnel Office for placement in the employee's personnel file. In other instances when the Department Head requests a written statement from the employee's physician, such statement shall also be for-warded to the Personnel Office of placement in the employee's personnel file. Written statements shall consist of a prognosis of the illness, injury or preg-nancy; extent and estimated duration of same. A return-to-work statement shall also be required.
Section 3. Physical Examinations
If an employee is required to undergo a physical examina-tion by a County-designated physician, the appointment shall be arranged through the Personnel Office, and the employee shall be notified by that office.
Section 4. Recording Sick Leave Use
A. Each pay period all Department Heads shall have their employees record any sick leave time taken during that period on the “Payroll Voucher”.
B. The Personnel Office shall maintain a "Memorandum of Employee's Leave Balances" sheet on each employee for each year, and shall record monthly any sick leave time that the employee has taken. At the end of each calendar year, the number of sick leave days used by each employee will be totaled. This figure shall appear as the "Balance Last Year End" on the following year's "Memorandum of Em-ployee's Leave Balances" sheet, a copy of which shall be sent to the employee's Department Head. The "Memorandum of Employee's Leave Balances" sheet for the calendar year just completed shall be placed in the employee's personnel file
ARTICLE 11
EXTENDED SICK LEAVE
The Board agrees to implement the Somerset County "Extended Sick Leave" plan attached and made a part hereof, with the following amendments:
1. Reference to the County Personnel Office shall be construed to mean the Office of the Director, Somerset County Board of Social Services.
2. Any personal days earned during extended sick leave cannot be carried over to the next calendar year as indicated in Article 13.
3. When the employee is on extended sick leave for the full month or major fraction thereof, he or she shall receive vacation or sick leave benefits on a prorated basis as is indi-cated for employees in part time status in Article 9, Vacation Days and Article 10, Sick Leave, and they shall be credited for these days as stated in the above plan.
4. Full time employees will become eligible for extended sick leave benefits on the first day of the month following the date that the employee has completed at least three (3) months of continuous active employment with the Board. In the event that an employee's illness or disability does not arise out of or in the course of any employment and continues for a prolonged period and the employee has exhausted his/her accumul-a-tion of unused sick leave days, upon receipt of medical evidence of the total disabilities, the Board may extend sick leave bene-fits to the employee while the employee is under the care of a licensed physician and the disability continues for each week or portion thereof, but not to exceed the maximum period of twenty-six (26) weeks at the rate of 50% of the employees daily salary.
5. An employee must be unable to perform duties re-quired by the Board, and not be engaged in any gainful occupa-tion, nor shall the employee be entitled to this benefit if the employee is receiving a disability benefit from Workers Compen-sation or Federal Social Security or similar legislation.
EXTENDED SICK LEAVE
POLICY
Section 1. General
In the event that an employee's illness; disability; or incapacitation caused by pregnancy, childbirth and con-finement continues and the employee has exhausted his/her accumulation of unused sick leave days, extended sick leave benefits may be available to him/her for a maximum period of twenty six (26) continuous weeks at the rate of 50% of the employee's base salary, which continuous 26 week period may extend into the next calendar year. How-ever, no employee will be entitled to more than 26 weeks in any one calendar year.
Section 2. Conditions of Eligibility
Extended sick leave benefits shall be available to employees who meet all of the following conditions:
A. An employee shall have completed his/her probationary period and shall be permanent or provisional, and a non-classified employee shall have completed three months of service with the County.
B. An employee shall have exhausted his/her accumulation of unused sick leave days and shall have continued to be ill; disabled; or incapacitated due to pregnancy, childbirth and recuperation.
C. An employee must be under the Care of a legally licensed physician and must have that physician complete an "Ex-tended Sick Leave Application" and submit it to the Administrator in charge of the personnel unit prior to the expiration of the employee's accumulation of unused sick leave days.
D. An employee on extended sick leave shall be required to produce periodic written statements from his/her physician advising of the nature, extent, and estimated duration of the illness; disability; or incapacitation due to preg-nancy, childbirth or recuperation, as well as a return-to-work statement. An employee on extended sick leave may, at any time, be required to undergo a physical examination by a County designated physician.
Section 3. Exceptions of Eligibility
A. Extended sick leave shall not be permissible beyond re-cuperation period for childbirth unless for com-plications which are fully documented by the physician.
B. Extended sick leave is offered only for the employee’s personal illness or injury and is not available for illness or injury of a family member.
Section 4. Status of Benefits
A. For the purposes of computing an employee's total length of service with the County, any period of extended sick leave shall not be considered a break in service, and the employee shall be able to accumulate service credit during the entire period of extended sick leave.
B. If an employee is on extended sick leave for the last seven or less consecutive work days of a given calendar year and continues to be on extended sick leave into the following calendar year, he/she shall be credited with vacation, sick leave, and personal days as if he/she had been working. If an employee is on extended sick leave for longer than the last seven consecutive work days of given calendar year and continues to be on extended sick leave into the following calendar year, he/she shall be credited with vacation, sick leave, and personal days upon return from extended sick leave. If an employee is on extended sick leave sometime during the remainder of the calendar year in which he/she is hired, he/she shall be credited, upon return from extended sick leave, with those vacation, sick leave, and personal days he/she would have earned had he/she continued working.
C. If a County-recognized holiday occurs while an employee is on extended sick leave, and if the employee would have received pay for this holiday had he/she been working, the employee shall receive half pay for the holiday but shall not receive half pay for extended sick leave.
D. An employee on extended sick leave shall not be eligible for bereavement leave.
Section 5. Computation of Extended Sick Leave
Computation of payment for extended sick leave benefits shall be made on the basis of the number of hours normally scheduled for the employee to work per day, whether on full-time or part-time basis.
Section 6. Maximum Use of Extended Sick Leave
If an employee has exhausted the maximum of 26 weeks of extended sick leave, a statement shall be requested from his/her physician concerning the employee's ability to re-turn to work. If the employee's physician certifies that the employee is totally and permanently incapacitated and unable to return to work, the employee shall be terminated or retired or placed on a leave of absence without pay pending the ability to be placed on appropriate benefits, i.e., social security. Such termination shall be considered to be in good standing. If the employee's physician states that the employee is unable to return to work upon conclusion of extended sick leave, but shall be able to at a later date or to a different position, the employee shall have the choice to terminate or may request a leave of absence without pay as per Board policy. An employee who is placed on leave without pay shall be re-quired to produce periodic written statements from his/ her physician concerning the condition and may, at any time, be required to undergo a physical examination by a County-designated physician. If such employee desires, he/she shall be considered for any County vacancy that he/she would be capable of performing, as certified by his/her physician.
PROCEDURE
Section 1. Application for Extended Sick Leave
When it become apparent that an employee will be exhausting his/her accumulation of unused sick leave days, the employee or his/her department head shall immediately notify the Personnel Office. An "Extended Sick Leave Application" shall then be sent to the employee for his/ her physician to complete. The completed "Extended Sick Leave Application" must be returned to the Personnel Office prior to the expiration of the employee's accumula-tion of unused sick leave days so that it can be processed and so that a determination as to eligibility can be made. In the event that the completed "Extended Sick Leave Appli-ca-tion" is not returned to the Personnel Office prior to the expiration of an employee's accumulation of unused sick leave days, the employee shall be placed on leave with-out pay until the completed "Extended Sick Leave Applica-tion" is received by the Personnel Office and a determination is made. If, in such a instance, it is deter-mined that an employee is eligible to receive extended sick leave payments, the employee would then be reimbursed retroactively to the date he/she was first placed on a leave without pay.
Section 2. Recording Use of Extended Sick Leave
A. Each pay period all supervisors shall record any extended sick leave taken on the corresponding payroll vouchers.
B. The administration in charge of the personnel unit shall maintain a "Memorandum of Em-ployee's Leave Balances" sheet on each employee for each year, and shall record monthly any extended sick leave days that an employee has taken, maintaining a record of the total length of extended sick leave taken by an employee in each calendar year.
Section 3. Return to Work
On the first day of an employee's return to work after extended sick leave, the employee shall submit a return-to-work statement from his/her physician to his/her department head. The department head shall forward this statement to the administration in charge of the personnel unit for placement in the employee's personnel file. In addition, the employee should telephone his/her Department Head as well as the administration in charge of the personnel unit prior to returning to work so that arrangements can be made to change the employee's status from half pay to full pay.
Section 4. Maximum Use of Extended Sick Leave
Three weeks prior to the expiration of the 26th week of extended sick leave, the administration in charge of the personnel unit shall send a letter to the employee requesting him/her to obtain a statement from his/her physician concerning the employee's ability to return to work. The statement from the physician must be received in the administration in charge of the personnel unit no later than one week before the expiration of the 26th week of extended sick leave. If this statement is not received by the administration in charge of the personnel unit in the time limit specified, the employee shall be placed on an unauthorized leave without pay after the expiration of the 26th week of extended sick leave. A certified letter shall be sent to the employee advising him/her of this action and advising that failure of the administration in charge of the personnel unit to receive the required statement within five working days of receipt of the warning letter shall result in the employee's services being terminated. Such termination shall not be considered to be in good standing.
If the employee's physician certifies that the employee is totally and permanently incapacitated and unable to return to work, the administration in charge of the personnel unit shall process the necessary forms to terminate or retire the employee or place on a leave without pay pending the ability to be placed on appropriate benefits.
If the physician certifies that the employee is unable to return to work upon conclusion of extended sick leave, but shall be able to at a later date, the administration in charge of the personnel unit shall process the necessary forms to place the employee on a leave without pay.
If a vacancy does not exist within the Department to which the employee can qualify nor a vacancy to which the employee can transfer, the employee shall have the choice to terminate employment, or terminate from the Department and be placed on leave without pay.
An employee who has been placed on a leave without pay may not return to work unless he/she follows the steps out-lined in Section 3 of this procedure.
ARTICLE 11A
SICK LEAVE BANK
Policy
Section 1. General
Employees or their families sometimes suffer from a catastrophic illness or injury which necessitates the employee's prolonged absence from work and for which the employee has no available paid leave. The Board recognizes that employees would like to assist their fellow employees or their families under such circumstances by volunteering to donate a portion of their accumulated benefit hours to the employee(s) suffering from catastrophic illness or injury so the employee can provide care to a family member.
Section 2. Purpose
The Donated Leave Bank will consist of voluntarily donated benefit hours given by employees to assist an employee or their family member suffering from catastrophic illness or injury for which the employee has exhausted their benefit leave hours, and the catastrophic illness or injuries continue. The Bank will also consist of other accrued leave as available.
Section 3. Definition of Family
The immediate family will consist of a father, mother, father-in-law, mother-in-law, spouse, child, son-in-law, daughter-in-law, grandparent, grandchild, brother, sister, or a step or half relation of a similar nature. Any other requests may be reviewed by the Benefits Leave Committee.
Section 4. Definition of Catastrophic Illness or Injury
For the purpose of this policy, catastrophic illness or injury is defined as a debilitating illness or injury that requires the employee to be on a prolonged leave of absence of work.
Section 5. Donated Leave Bank
A. The Donated Leave Bank will be maintained by Personnel. An accounting of its balances and uses will be published annually.
B. Each year, or as needed, Personnel will ask employees to voluntarily donate hours from their individual sick leave or vacation banks to the Donated Leave Bank. Donated hours will be deducted from the donor's individual leave balances and added to the Donated Leave Bank.
C. The Donated Leave Bank will be maintained as long as a minimum balance of 1104 hours is maintained. If this balance cannot be maintained through donations, the program will be continued on an as needed basis, with donations sought on a case-by-case basis.
Section 6. Donated Leave Program Committee
The Donated Leave Program Committee shall be comprised of at least 5 staff members appointed by the Director.
Procedure
Section 1. General
In each calendar year, employees may donate Sick Leave and/or Vacation Hours to the Donated Leave Bank for the purpose of continuing an employee's income during the catastrophic illness or injury of the employee or family member.
Section 2. Eligibility
A. Participating donors must meet the following eligibility requirements:
1. Full time employees must have 200 hours remaining in their Sick Leave Bank if donating Sick Leave or 80 hours of vacation if donating vacation hours.
2. The donor may donate up to 40 hours in any one calendar year. If the donor has more than 400 sick hours in their sick leave bank, the donor may donate more hours as long as their remaining balance is at least 200 hours.
B. Recipients must meet the following requirements:
1. The employee or family member (as defined above) must be suffering from a catastrophic illness or injury which necessitates the employee's prolonged absence from work.
2. The catastrophic illness or injury is documented by medical evidence signed by the physician describing the nature of the illness, the diagnosis and prognosis or injury and the anticipated duration.
3. The employee must have used all available Sick Leave and Vacation Leave from their individual banks.
4. The employee must have completed at least 6 months of continuous services with the agency.
Section 3. Application for Donated Leave
A. Participation may be initiated as follows:
1. The employee applies.
2. The supervisor or administrator of the department recommends that the employee be a recipient.
3. The Personnel Assistant notifies the Director and the Administrator of the department of an employee's situation and secures their approval for the employee's participation.
B. An employee, supervisor, Administrator or Personnel on behalf of an employee, may apply to the Donated Leave Program Committee for an allocation of hours.
C. A physician's statement must accompany the application, indicating the prognosis of the illness, the extent and anticipated duration of the illness.
D. The Donated Leave Program Committee will review the application and may allocate up to 1,000 hours to the employee, or the anticipated length of the illness, whichever is less.
Section 4. Use of Donated Leave
A. An employee using donated leave will receive full pay for any such hours used. Supervisors shall record any employee using donated leave hours on the timesheet.
B. If the employee returns to work prior to the anticipated date of return, the unused donated leave hours will be returned to the bank.
C. If the employee's absence is due to personal illness or injury and extends beyond the allocated number of donated hours, the employee may be eligible for Extended Sick Leave (see separate policy).
D. If the employee's absence is due to illness or injury of a family member and extends beyond the allocated number of donated hours, the employee may be placed on a Leave of Absence Without Pay.
Section 5. Employee's Individual Benefit Leave Bank
The employee will accrue sick leave and vacation hours during the use of donated benefits leave hours and they will be credited to their banks upon return to work. Thereafter, if the employee experiences any short term illness or injury, the employee will use all accrued time and then be placed on a Leave of Absence Without Pay.
ARTICLE 12
HEALTH BENEFITS
1. The Board agrees to continue those benefits which were in existence on December 31, 2003, for the term of the Agree-ment. These benefits consist of those benefits which are contained within the State Health Benefits Plan as of December 31, 2003 and as modified or changed by the State during the term of the Agreement.
2. Dental Plan - The Dental Plan in effect on December 31, 2003, will be continued for the term of this Agreement. The Board will continue to pay all premiums for the employee. Employees will be entitled to participate in family coverage at their own expense with any additional premium for children, spouse or full family coverage to be paid by the employee.
3. The parties agree that if a Prescription Plan is implemented for a majority of County employees, that plan will immediately become effective for the employees of the Board.
4. Vision Care Plan - Each employee and each eligible dependent is entitled to one (1) reimbursement every other year counted from the last year of the prior contract and continued forward to any succeeding contract.
This reimbursement will not exceed $200.00 for single lenses or $250.00 for bifocal or trifocal lenses.
Employees may receive this benefit by obtaining a receipted bill from the optician which clearly indicates the full name of the recipient of the glasses and type of lens, i.e., single, bifocal or trifocal, and the dollar amount. The receipt should then be given or sent to the Director of Welfare or to the person designated for this purpose at the Agency.
Reimbursement will be by check on supplemental pay days.
Eligible dependents for this program are the same as described in
Paragraph 1.
PROCEDURE
SECTION 1. Enrollment and Charges
Enrollment of New Employees
On the first day of employment, an employee shall complete an enrollment card, either electing single coverage or rejecting coverage entirely. The Personnel Office shall give the employee a booklet describing the benefits and shall inform the employee of the effective date of coverage.
If an employee elects enrollment in the Dental Program he/she shall receive identification cards through interoffice mail, approximately four to five months after beginning work with the County.
Section 2. Leave Without Pay
If an employee is on an approved leave of absence without pay, dental coverage shall be continued at the expense of the County.
Section 3. Termination
Dental coverage shall cease on the first of the month following the first full month for which salary was not received.
Section 4. Submitting Claims Under the Dental Program
If any employee goes to a dentist, the employee should show the dentist the Blue Shield Dental Identification Card. If precertification is required for any services to be performed, the dentist should complete the treatment plan portion of the claim and receive approval from Blue Shield prior to rendering the service.
Participating dentists will submit claim to Blue Shield and will be paid directly for eligible employees. Em-ployees will receive notification from Blue Shield of the amount of payment. If services are rendered by a non-participating dentist, payment for covered services will be made directly to the employee.
ARTICLE 13
BEREAVEMENT PERSONAL DAYS AND JURY DUTY
1. Employees who have completed at least one (1) year of service shall be granted up to three (3) personal days with pay per calendar year. Employees with less than one (1) year of service shall earn personal days at the rate of one (1) day for each four (4) months of service.
2. Personal excused absence days shall be granted subject to the prior approval of the Department Head and will not be used in conjunction with vacation but may be used in con-junction with sick leave or holidays.
3. Personal excused absence days and bereavement days shall not accumulate from year to year.
4. Bereavement leave shall be in accordance with the following Somerset County bereavement policy.
BEREAVEMENT LEAVE
POLICY
Section 1. General
If required, an employee may be granted excused absence with pay for a death in the immediate family and atten-dance at the funeral. Immediate family shall be limited to father, mother, father-in-law, mother-in-law, husband, wife, child, son-in-law, daughter-in-law, grandparent, grand-child, brother, sister, or a step or half relation of a similar nature. In the event of the death of other rela-tives or in-laws, an employee may request a vacation day(s), personal day(s), or a leave without pay. Temporary employees shall be eligible for bereavement leave.
Section 2. Length of Bereavement Leave
Full-time employees may be granted up to thirty-five (35) hours (five (5), seven (7) hour days or four (4) eight and three quarter (8 3/4) hour days of bereavement leave. Part-time employees may be granted bereavement leave in accordance with the following chart:
Employees who work five, 4-hour days per week may be granted up to five, 4-hour days of bereavement leave.
Employees who work three, 7-hour days per week may be granted up to three, 7-hour days of bereavement leave.
Employees who work five, 5-hour days per week may be granted up to five, 5-hour days of bereavement leave.
Employees who work four, 7-hour days per week may be granted up to four, 7-hour days of bereavement leave.
Jury Duty
When four (4) day work week employees are scheduled for Petit Jury Duty, they shall be switched to a five (5) day work week for the duration of their Petit Jury Duty.
ARTICLE 14
INSURANCE AND RETIREMENT BENEFITS
The Board agrees to participate to the extent required by law in the New Jersey Public Employees Retirement system.
ARTICLE 15
EDUCATIONAL LEAVE
Leave of absence without pay shall be granted to permanent employees who are veterans desiring to further their education under the G.I. Bill of Rights or other federal author-i-zation providing educational opportunities for veterans. Such leave shall be approved for the period of training up to one school year and such leave shall be reviewed on request until the veteran employee has completed his educational work under the appropriate federal authorization. If any veteran employee on leave hereunder is released from the institution which he is attending or discontinues such attendance for any reason, authorized leave of absence will terminate automatically, and he must return to duty within thirty (30) days of the effective date of such release. Failure to return within the authorized period will result in loss of status and separation from the service. An employee desiring leave for educational purpose shall request such leave in advance, specifying the institutions which he is to attend, the date of matriculation, the course or courses to be taken, and the probable length of attendance.
Leaves of absence for non-veterans for further educa-tional training may be granted, at the discretion of the County Welfare Board, on the merits of the individual case in the same manner as any other leave of absence without pay, except that the limitation of one year otherwise applicable to leaves of absence without pay shall not apply to leaves of absence without pay for educational purposes. Educational leaves of absence without pay granted non-veterans, however, will not exceed two consecutive years, provided there is a return to active duty of at least one month between the two periods of leave.
ARTICLE 16
LEAVE OF ABSENCE WITHOUT PAY
Leaves of absence without pay may be granted at the dis-cretion of the Board to permanent employees for any reason con-sidered good by the Board, for a period of not to exceed six (6) months at any one time, subject to approval by the Division of Family Development and the Department of Civil Service. Such leaves of absence may be renewed by the Board for an additional period not to exceed six (6) months. No further renewal may be granted except upon the approval by the Department of Civil Service for reasons as established by Commission regulations. In all cases, a letter of request from the employee setting forth the reasons why leave is desired and the dates for commencing and terminating the leave shall be submitted to the Board. No leave of absence without pay shall become effective without prior approval of the Board and/or the Welfare Director.
Employees granted leaves of absence without pay shall not accrue annual sick leave or vacation leave credit for every full month or major fraction thereof that the employee is on such leave without pay for the year in which such leave is taken.
ARTICLE 17
MATERNITY LEAVE
Maternity leave is currently covered under sick leave (Article 10), extended sick leave (Article 11) and Leave Without Pay (Article 16).
ARTICLE 18
PART-TIME EMPLOYEES
Part-time employees who work at least 20 hours per week shall have the same rights and privileges under this contract as full-time employees, with the following limitations: part-time employees shall receive holidays, vacation, sick leave and ex-tended sick leave on a prorated basis.
S E C T I O N IV
ARTICLE 19
SENIORITY
1. Seniority, which is defined as continuous em-ploy-ment in grade with the Board, will be given due consideration by the Board with respect to promotions, transfers, demotions, lay-offs and recalls.
2. The Board agrees to supply current seniority lists to the Union on a semi-annual basis.
3. In scheduling vacations and personal days, pre-fer-ences will be based on seniority from date of hire. In the event two or more persons have the same in-grade seniority date, the one with more time in service with the Agency shall be considered as having greater-seniority.
4. For Promotion purposes, relevant experience with the Somerset Board of Social Services, will be considered and given credit to the same extent as relevant experience with another agency.
ARTICLE 20
JOB POSTING
Existing or planned job vacancies will be posted and dated on the bulletin board. The posting will include any re-quired qualifications, the location of the vacancies and the proce-dures to be followed by employees interested in making application. Said application must be made within ten (10) working days, if possible, of posting. A copy of the posting and job specification will be given to the Union President.
ARTICLE 21
PERSONNEL FILES AND EVALUATIONS
1. A duplicate copy of the evaluation by the immediate supervisor which is required for probationers shall be given in its entirety to the respective employee.
2. Each employee shall be notified of an evaluation of his/her performance and receive a copy of this evaluation with his/her supervisor.
3. All employees shall be notified of any documents to be entered into their personnel files and be given a copy of that document(s), upon request.
4. An employee by request for appointment shall have access to examine his/her own personnel file during office hours at a reasonable time set by the employer or his/her designee.
5. The signature of the employee affixed to any docu-ment does not indicate in any way that the employee agrees with the contents of the documents or file. The employees' signature is affixed to show only that the documents or file have been re-viewed in accordance with this Agreement. The employee shall have the right to respond in writing to any document in the file. Such response shall become a part of the personnel file unless as a result of the response, the questioned document is removed or destroyed.
6. Warning memoranda and/or corrective memoranda shall be removed at an employee's written request at anytime after two (2) years from the date of the document was placed in the employees personnel file provided the employee has received no additional warning memoranda and/or corrective memoranda during the two (2) years prior.
ARTICLE 22
DISCIPLINE
1. Major or minor discipline of an employee shall be imposed only for just cause. The Union recognizes the Board's right and obliga-tion to impose and implement disciplinary actions. 2. Where the Director of Welfare, or his/her designee, imposes discipline, written notice of such discipline shall be given to the employee in the form of a “Preliminary Notice of Disciplinary Action”. Such notice shall contain a reasonable specification of the nature of the charge, a general description of the alleged acts and/or conduct upon which the charge is based and the nature of the discipline. A copy of such notice shall be given to the Local Union President.
3. Minor Discipline is defined as those categories of discipline that are up to and include suspensions or fines for 35 hours or less.
4. The parties agree that prior to implementation of suspensions of not more than thirty-five (35) hours as a matter of general practice and intent, and where in the judgment of the Director/Deputy Director of Welfare such suspension is not directed at the immediate need to maintain safety, order or effective direction of work assignments, suspensions will not be implemented until after a three (3) day period of notification within which time the Local President of the Union, representing the involved employee, may undertake informal discussion with the Director or his/her designee.
5. Major Discipline. In general, Major Discipline includes those categories of discipline that are more than 35 hours (see Title 4A:2-2.2).
6. Department Hearing. When the Board imposes major discipline the Director/Deputy Director of Welfare, who shall not be an individual who was personally involved in the facts of the dispute will convene and conduct a Departmental hearing in accordance with N.J.A.C. 4A:2-1.1 et seq. At any such disciplinary hearing, the employee may elect to be represented by the Local Union President or another individual designated by the Union. The Department Hearing will be scheduled in as expeditious a manner as possible. Unless the suspension of the employee is immediate as per Title 4A:2-2.5 the actual imposition of discipline shall be held pending the decision of the Director/Deputy Director at the above hearing. See Title 4A:2-2.6
The decision rendered at the hearing shall be provided to the employee in the form of a “Final Notice of Disciplinary Action”.
APPEALS
7. Minor Discipline:
In the event that discipline of an employee in-volves suspension or fine of 35 hours or less a grievance may be filed in accordance with the existing grievance procedures, Article 23.
Major Discipline:
In the event that discipline of an employee in-volves suspension of more than 35 hours and/or other penalties as indicated in N.J.A.C. 4A:2-2.2, the following appeals process shall apply:
a. The employee may request or petition the Director of Human Resources of the Division of Family Development in lieu of the Department of Personnel for a hearing. Such request, pursuant to Department of Personnel rules, must be received within twenty (2O) days from the date of receipt by the employee of the final notice of disciplinary action. The Department of Personnel Law and the Rules and Regulations promulgated thereunder shall govern the disposition by the Personnel Officer of such a request or petition. In the event the employee involved elects the procedure as provided above, such election will be deemed final and binding and constitute an absolute waiver of the option to appeal as provided in the disciplinary arbitration process.
b. The Union may elect to appeal the matter to dis-ciplinary arbitration provided that such an appeal is joined by the employee in writing. The employee shall not be denied the right to appropriate representation. The election of this procedure will be deemed final and binding and constitute an absolute waiver of the employee's option to appeal under the Civil Service procedure provided above.
c. All waivers or elections will be made in writing by the employee involved on a form to be provided for such purposes.
d. An appeal to disciplinary arbitra-tion may be brought only by the Union, through its Council Repre-sentative, by mailing a written request for disciplinary arbitra-tion by certi-fied or registered mail to the County Director of Welfare, which must be postmarked within thirty (30) calendar days from the date of receipt by the employee of the final notice of disciplinary action. A request for disciplinary arbitration shall contain the name of the employee involved, a copy of the original appeal, the notice of discipline and any written deci-sion rendered concerning the matter.
e. The selection of the arbitrator shall be deter-mined on the same basis as indicated in the grievance procedure.
f. Arbitrators in disciplinary matters shall con-fine themselves to determinations of guilt or innocence and the appropriateness of penalties and shall neither add to, subtract from, nor modify any of the provisions of this Contract by any award. The arbitrator's decision with respect to guilt, innocence or penalty shall be final and binding upon the parties. In the event the arbitrator finds the employee guilty, he may approve penalty as appropriate to the circumstances, in accordance with this Con-tract however, removal from service shall not be substituted for a lesser penalty. In the event the arbitrator finds the employee innocent or modifies a penalty he may order reinstatement with back pay for any part or an imposed suspension or reduction in grade or period that the employee was dismissed from service. Should the arbitrator's award provide reinstatement with back pay, the employee may be paid for the hours he would have worked in his normally scheduled work week, at his normal rate of pay, but not exceeding thirty-five (35) hours per week or seven (7) hours per day, less any deduction required by law, or other off-setting income for the back pay period specified by the arbitra-tor. The arbitrator's decision shall contain a short statement of the nature of the proceedings, the positions of the parties and specific findings and conclusions of the facts. In addition, the arbitrator's decision shall discuss any of the testimony, evi-dence or positions of the parties which merit special analysis.
g. The fees and expenses of the arbitrator and recording of the procedure shall be divided equally between the parties. Any other cost of this proceeding shall be borne by the party incurring the cost.
h. Nothing in this Article shall be construed to limit the right of the County to implement any disciplinary action notwithstanding the pendency of an appeal proceedings.
8. The following shall constitute the disciplinary appeal procedure rights for provisional employees, who have been employed in such capacity for a minimum of six (6) months.
a. In disciplinary; matters of suspension of more than five (5) days, except dismissal from service, such employees
shall be entitled to utilize the provisions of this Article only to departmental hearing level.
b. In disciplinary matters involving dismissal from service, such employees upon written request shall be en-titled to a conference with the Director or his/her designee, to discuss the matter. The Director, or his/her designee, may con-duct an administrative investigation of the matter.
c. In no event shall the provision of this Article apply where the employee is being removed as a result of the certification of a Civil Service eligible list.
d. Nothing in this Article shall be construed as a waiver of rights of any employee may have under Civil Service Statute or the Civil Service Rules and Regulations.
6. Oral warnings shall not be subject to the pro-vi-sions of this Article and the Article pertaining to grievances.
ARTICLE 23
GRIEVANCE PROCEDURE
A. Purpose: The purpose of this procedure is to secure, at the lowest possible level, equitable solutions to the problems which may arise affecting the terms and conditions of employment. The parties agree that this procedure will be kept as informal as may be appropriate. Nothing herein contained shall be construed as limiting the right of any employee having a grievance to discuss the matter informally with any appropriate member of the Administration and having the grievance adjusted without the intervention of the Union.
B. Definition: The term "grievance" shall mean an allegation that there has been:
1. A misinterpretation or misapplication of the terms of this Agreement, which is subject to the grievance proce-dure outlined herein, and shall hereinafter be referred to as a "contractual grievance"; or
2. Inequitable, improper, unjust application or misinterpretation of rules or regulations, existing policy, or orders applicable to the Board, which shall be processed up to and including the Board, and shall hereinafter be referred to as a "non-contractual grievance".
C. Presentation of a Grievance: In the presentation of a grievance, the aggrieved shall have the right to present his/her own appeal or to designate a Union representative to appear with him/her. The Board agrees that there shall be no loss of pay for the time spent in presenting the grievance by the aggrieved and one Union representative who is an employee of the Board, through out the grievance procedure.
D. Steps of the Grievance Procedure. The following constitutes the sole and exclusive method for resolving grievance between the parties covered by the Agreement.
STEP 1 - The aggrieved shall institute action under the provisions hereof in writing, signed and delivered to his/her super-visor within ten (10) working days after they would reason-ably be expected to know of its occurrence. Failure to act with-in said ten (10) working days shall be deemed to constitute an abandon-ment of the grievance. The supervisor shall render a decision in writing within five (5) working days after receipt of the grievance. A Union steward may participate at the request of the employee.
STEP 2 - In the event satisfactory settlement has not been reached, the aggrieved shall, in writing and signed, file his complaint with the Director of Welfare within ten (10) working days following receipt of the determination of STEP 1. The Director of Welfare, or his/her designee, shall render his/her decision within five (5) working days after the receipt of the com-plaint. The Union Steward, or local Union officer, may parti-cipate at the request of the employee.
STEP 3 - Should the aggrieved disagree with the decision of the Director, or his/her designee, the aggrieved may, within ten (10) working days of receipt of the decision, submit to the Board a statement in writing and signed as to the issues in dispute. In the event the aggrieved files his/her statement, the Board shall review the decision of the Director, together with the disputed areas sub-mitted by the aggrieved. The aggrieved and/or Union repre-sen-ta-tive may request an appearance before the Board. The Board will render its decision within ten (10) working days after the Board meeting at which the matter has been reviewed. If necessary, a special Board meeting will be held to hear the appeal prior to the next regularly scheduled Board meeting. All members of the Board are members of a committee to hear appeals. However, a decision can be made by a minimum of three (3) Board members, which shall be the decision of the Board. If the Board's deci-sion involves a non-contractual grievance, the decision of the Board shall be final.
STEP 4 - Any unresolved contract grievance (as defined in the B.1. Definition), except matters involving appointment, promotion or assignment, or matters within the exclusive province of Civil Service, may be appealed to arbitration only by the Union. The Union must file the request for arbitration within ten (10) working days after the receipt of the Board's decision.
a. It is understood and agreed between the parties that the subject of change in wages shall not be subject to binding arbitration.
b. Nothing in this Agreement shall be construed as compelling the Union to submit a grievance to arbitration. The Union's decision to request the movement of a grievance prior to submission to arbitration shall be final as to the interests of the grievant and the Union.
c. Where the grievance involves an alleged vio-lation of individual rights specified in Civil Service Law and Rules for which a specific appeal to Civil Service is available, the individual may present his complaint to the Civil Service procedure or the grievance procedure as herein provided. Once the grievant makes the selection of procedure, such election shall be deemed final and binding and constitute an absolute waiver of the procedure not selected. The election will be made in writing at the appropriate time on the grievance form.
d. The arbitrator shall be selected by agreement between the parties from the panel of arbitrators maintained by the Public Employment Relations Commission, in accordance with the selection procedures of the Public Employment Relations Com-mission.
e. The parties shall meet at least ten (10) working days prior to the date of the arbitration hearing to frame the issues to be submitted to the arbitrator and to stipulate the facts of the matter in an effort to expedite the hearing.
f. The decision or award of the arbitrator shall be final and binding on the Board, the Union and the grievant or grievants, to the extent permitted by and in accordance with applicable law and this Agreement.
g. The arbitrator may prescribe an appropriate back pay remedy when he finds a violation of this Agreement, pro-vided such remedy is permitted by law and is consistent with the terms of this Agreement, except that he may not make an award which exceeds the Board's authority. The arbitrator shall have no authority to prescribe a monetary award as a penalty for a violation of this Agreement.
h. The arbitrator shall not have the power to add to, subtract from, or modify the provisions of this Agreement, and shall confine his decision solely to the interpretation and application of this Agreement. He shall confine himself to the precise issue submitted for arbitration, and shall have no authority to determine any other issues not so submitted to him, nor shall he submit observations or declarations of opinions which are not essential in reaching the determination.
i. The costs of the services of the arbitrator shall be borne equally by the Board and the Union. Any other ex-penses incurred in connection with the arbitration shall be paid by the party incurring same.
j. The cost of the transcript, if any, will be borne by the party requesting it. If both parties request a transcript, the cost will be shared equally.
k. The arbitrator shall hold a hearing at a time and place convenient to the parties as expeditiously as possible after his selection and shall issue his decision within thirty (30) days after the close of the hearing.
l. Grievance resolutions or decisions at STEPS 1 through 4 shall not constitute a precedent in any arbitration or other proceeding, unless a specific agreement to the effect is made by the authorized representatives of both parties. This is not to be construed as limiting the right of either party to
intro-duce relevant evidence, including such grievance resolu-tions, as to the prior conduct of the other party.
Miscellaneous:
1. Union representation does not preclude represen-ta-tion by an attorney.
2. A minority organization should not present or process grievances.
3. Should the grievant elect to present his own grievance, without Union representation, he should so indicate on the grievance form in the procedural STEP 1.
4. Time limits under this Article may be changed by mutual agreement only.
S E C T I O N V
ARTICLE 24
NON-DISCRIMINATION
The Board and the Union agree that there shall be no dis-crimination against any employee because of age, creed, sex, marital status, race, religious or political affiliation or opinion, national origin, physical handicaps or Union membership.
ARTICLE 25
UNION ACTIVITY
1. The Board agrees to grant officially elected dele-gates of the Somerset County Board of Social Services Local Union time off with pay for the purpose of attending Union conventions and/or conferences, provided that:
a. Total time off does not exceed an aggregate of ten (10) working days in any one (1) calendar year.
b. Not more than two (2) such Union delegates shall be permitted to attend such convention or conference at any one time, except that the five (5) shop stewards shall be able to attend a one (1) day training session once per year.
c. Written request specifying the amount of time off is to be received by the Board at least five (5) days in advance of the granting of each time off. Under certain cir-cum-stances this five (5) day period may be waived by the Board.
2. Labor Management Meeting - The employer and two (2) people representing the Union shall meet quarterly for the pur-pose of reviewing the administration of this Agreement and to dis-cuss other matters of mutual interest. These meetings are not intended to bypass the grievance procedure nor to be considered collective bargaining meetings, but rather are intended as a means of fostering good employment relations through communica-tions between the parties. Either party may submit their part of the agenda one (1) week prior to such meetings. Union represen-ta-tives shall be granted time off during working hours to attend without loss of pay.
3. New Employees - The Union may supply membership packets which contain certain information for distribution to new employees during the initial phase of employment. The Board will provide a fifteen (15) minute period during the new employee's training period to allow an AFSCME Council Representative or the President of the Union to meet and explain the Union's respon-sibil-i-ties.
4. Bulletin Board Use - The Board shall allow a sec-tion of each bulletin board to be used by the Union or wherever possible, space for the Union to place its own bulletin board.
S E C T I O N VI
ARTICLE 26
SEPARABILITY AND SAVINGS
If any provision of this Agreement should be held in-valid by operation of law or by a tribunal of competent juris-dic-tion, including but not limited to the New Jersey Department of Civil Service, or if compliance with or enforcement of any pro-vi-sion should be restrained by such tribunal pending a final deter-mination as to its validity, such provisions shall be inoperative but all other provisions shall not be affected thereby and shall continue in full force and effect.
ARTICLE 27
FULLY-BARGAINED PROVISION
The parties agree that they have fully bargained and agreed upon all terms and conditions of employment, and that this Agreement represents and incorporates the complete and final under-standing and settlement by the parties of all bargainable issues which where or could have been the subject of negotia-tions.
ARTICLE 28
CIVIL SERVICE REGULATIONS
The parties agree to be bound by all applicable Civil Service Regulations covering transfers, reassignments, pro-motions, discipline and layoff.
ARTICLE 29MISCELLANEOUS Section 1. Cellular Phone
The administration in consultation with the Labor Management Committee will provide for cellular phones for employees in the bargaining unit as needed for safety or for other client reasons. The administration will work with the Labor Management Committee to determine the number of phones to be provided and the policy for their use. It is anticipated that departments such as Adult Protective Services will be provided with cellular phones as part of this program.
Section 2. Layoff
In the event of any layoff, the Board will provide all affected employees with services through the State of New Jersey Department of Labor (services to include job retraining where applicable, access to job bank and resume writing assistance).
ARTICLE 30
DURATION OF AGREEMENT
This Agreement shall be effective from January 1, 2004, and shall remain in full force and effect through December 31, 2006. Negotiations on the successor contract shall commence at least ninety days prior to the expiration date of this Agreement upon written notice by one party to the other.
Somerset County Local 2513
Board of Social Services AFSCME, AFL-CIO
_____________________________ _______________________________
_____________________________ _______________________________
_____________________________ _______________________________
_____________________________ ______________________________
i
AGREEMENT
Between
SOMERSET COUNTY BOARD OF SOCIAL SERVICES
and
LOCAL 2513, AMERICAN FEDERATION OF STATE,
COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO
JANUARY 1, 2004 - DECEMBER 31, 2006
TABLE OF CONTENTS
ii
Page
Table of Contents i
Preamble 1
SECTION I
ARTICLE 1 RECOGNITION 2
ARTICLE 2 MANAGEMENT RIGHTS 3
ARTICLE 3 DUES CHECK OFF/REPRESENTATION
FEE IN LIEU OF DUES 4
ARTICLE 4 TRANSFER OF WELFARE PROGRAM 5
SECTION II
ARTICLE 5 HOURS OF WORK 6
ARTICLE 6 SALARIES 7
BILINGUAL PAYMENTS, PAY DAYS 9
ARTICLE 7 OVERTIME 10
SECTION III
ARTICLE 8 HOLIDAYS 11
ARTICLE 9 VACATION DAYS 12
ARTICLE 10 SICK LEAVE 13
ARTICLE 11 EXTENDED SICK LEAVE 21
ARTICLE 11A SICK LEAVE BANK
(DONATED LEAVE PROGRAM) 31
ARTICLE 12 HEALTH BENEFITS 36
ARTICLE 13 BEREAVEMENT PERSONAL DAYS AND
JURY DUTY 39
ARTICLE 14 INSURANCE AND RETIREMENT BENEFITS 41
ARTICLE 15 EDUCATIONAL LEAVE 42
ARTICLE 16 LEAVE OF ABSENCE WITHOUT PAY 44
ARTICLE 17 MATERNITY LEAVE 45
ARTICLE 18 PART-TIME EMPLOYEES 46
SECTION IV
ARTICLE 19 SENIORITY 47
ARTICLE 20 JOB POSTING 48
ARTICLE 21 PERSONNEL FILES AND EVALUATIONS 49
ARTICLE 22 DISCIPLINE 51
ARTICLE 23 GRIEVANCE PROCEDURE 57
SECTION V
ARTICLE 24 NON-DISCRIMINATION 63
ARTICLE 25 UNION ACTIVITY 64
SECTION VI
ARTICLE 26 SEPARABILITY AND SAVINGS 66
ARTICLE 27 FULLY-BARGAINED PROVISION 67
ARTICLE 28 CIVIL SERVICE REGULATIONS 68
ARTICLE 29 MISCELLANEOUS 69
ARTICLE 30 DURATION OF AGREEMENT 70
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