a. Subject to the conditions set forth in (b) below, all eligible nonmember employees in this unit will be required to pay to the majority representative a Representation Fee, in lieu of Dues, for services rendered by the majority representative until June 30, 2003. Nothing herein shall be deemed to require any employee to become a member of the majority representative.

b. It is understood that the implementation of the Representation Fee program is predicated on the demonstration by the Union that more than fifty percent (50%) of the eligible employees in the negotiating unit are dues paying members of the Union.






If, at the signing of this Contract, the above percentage has not been achieved, the Representation Fee plan will be continued through pay period 26 of the calendar year, after which it shall be discontinued unless the minimum has been achieved prior to that occurrence. Thereafter, if the minimum percentage is exceeded on any quarterly date, i.e., January 1^st, April 1^st, July 1^st, or October 1^st, the Representation Fee plan shall be reinstated, with proper notice to the affected employees.

In each year of the contract on July 1^st, an assessment shall be made to determine if the minimum percentage has been exceeded. If it has, the Representation Fee shall continue until the following annual assessment. If it has not, the Representation Fee will be discontinued and eligibility for reinstatement shall be on a quarterly basis as provided above.

2. Amount of Fee

Prior to the beginning of each contract year, the Union will notify the Employer, in writing, of the amount of regular membership dues, initiation fees and assessments charged by the Union to its own members for that contract year, and the amount of the Representation Fee for that contract year. Any changes in the Representation Fee structure during the contract year shall be in accordance with F1. above.

The Representation Fee, in lieu of Dues, shall be in an amount equivalent to the regular membership dues, initiation fees and assessments charged by the majority representative to its own members less the cost of benefits financed through the dues, fees and assessments and available to or benefiting only its members, but in no event shall such fee exceed eighty-five percent (85%) of the regular membership dues, fees and assessments.

3. Deduction and Transmission of Fee

After verification by the Employer that an employee must pay the Representation Fee, the Employer will deduct the fee for all eligible employees in accordance with this Article.

The mechanics of the deduction of Representation Fees and the transmission of such fees to the Union will, as nearly as possible, be the same as those used for the deduction and transmission of regular membership dues to the Union.

The Employer shall deduct the Representation Fee as soon as possible after the tenth (10^th) day following reentry into this unit for employees who previously served in a position identified as excluded or confidential, for individuals employed in this unit from a re-employment list, for employees returning from leave without pay and for previous employee members who become eligible for the Representation Fee because of nonmember status.

The Employer shall deduct the Representation Fee from a new employee as soon as possible after thirty (30) days from the beginning date of employment in a position in this unit.

4. Demand and Return System

The Representation Fee, in lieu of dues, shall be available to the Union only if the procedures hereafter are maintained by the Union.

The burden of proof under this system is on the Union.

The Union shall return any part of the Representation Fee, paid by the employee, which represents the employee’s additional pro rata share of expenditures by the Union that is either in aid of activities or causes of a partisan political or ideological nature, only incidentally related to the terms and conditions of employment, or applied toward the cost of any other benefits available only to members of the majority representative.

The employee shall be entitled to a review of the amount of the Representation Fee by requesting the Union to substantiate the amount charged for the Representation Fee. This review shall be accorded in conformance with the internal steps and procedures established by the Union.

The Union shall submit a copy of the Union review system to the Employer. The deduction of the Representation Fee shall be available only if the Union establishes and maintains this review system.

If the employee is dissatisfied with the Union’s decision, he may appeal to a three (3) member board established by the Governor.

5. Employer Held Harmless

The Union hereby agrees that it will indemnify and hold the Employer harmless from any claims, actions or proceedings brought by any employee in the negotiations unit which arose from deduction made by the Employer in accordance with this provision. The Employer shall not be held liable to the Union for any retroactive or past due Representation Fee for an employee who was identified by the Employer as excluded or confidential or, in good faith, was mistakenly or inadvertently omitted from deduction of the Representation Fee.

6. Legal Requirements

Provisions in this clause are further conditioned upon all other requirements set by statute.

2. Independence Day
3. Labor Day
4. Thanksgiving Day
5. Christmas Day

2. Over 1 full fiscal year of service through 15 full fiscal years of service – 15 workdays.

3. Over 15 full fiscal years of service - 20 days.

2. Upon separation from employment in good standing, an employee shall only receive cash payout of the unused carryover from the previous fiscal year and that proportion of vacation pay, in the year of separation, that corresponds with what would have accrued to the time of separation if vacation allotment was apportioned over a twelve (12) month accrual basis up to the combined maximum payout of one year’s allotment at the time of separation.

a. Intermittent Leave consists of at least one (1) week intervals that are not necessarily consecutive, and within the twelve (12) month period. Intermittent Leave may only be scheduled and taken with the consent of the Employer, when invoking leave under provisions A.1. or 2. above.

b. Reduced Time Leave consists of a work reporting schedule that allows a shortened workday or shortened workweek. Reduced Time Leave may only be scheduled and taken with the consent of the Employer when invoking provisions A.1. or 2. above. An employee on Reduced Time Leave may, at the discretion of the Employer, be transferred for the term of leave, to another position of equivalent pay and benefits that better accommodates the university. Leave under this provision shall be accounted for and charged on an hour for hour basis.

c. Requests for Reduced Time Leave or Intermittent Leave under provisions A.1. or 2. above, shall be forwarded to the Department of Human Resources for a case-by-case review and determination following consultation with the department head or other appropriate supervisor of the applicant.

d. All leaves, for all reasons, are predicated upon the employee providing the Employer as much notice as possible. Absent extraordinary circumstances, at least fifteen (15) days advance notice of leave is required. Failure to provide such notice except where appropriately waived, shall result in a delay in commencement of leave, if otherwise entitled, for the requisite fifteen (15) day period.

The Employer may, at its option and expense, direct and secure a second medical opinion from a university selected physician and authorize or refuse the Sick Leave based thereon.
During a leave secured pursuant to this provision, the employee may be required to submit periodic medical progress reports and verification or alteration of the originally anticipated return date secured from the attending physician. The Employer reserves the right, at its own expense, to direct and secure a second opinion from a university selected physician during the Long Term Leave of Absence and continue or reject authorization and utilization of paid Sick Leave based thereon.

No employee may return to active employment with the university unless and until a physician’s specific prognosis of the employee’s recovery from the disabling aspects of the paid illness or injury is certified by said physician, in writing.

b. For the period of recall, non-probationary employees laid off from their positions shall be entitled to recall to the job classification within the department from which originally laid off. Additionally, for the period of recall, employees laid off from their positions shall be eligible for probationary recall into any job classification, regardless of department, for which they hold classification recognized seniority, however, for recall to any position, other than the position from which originally laid off, the employee must first be considered qualified to perform in the position to which recall is desired and second must serve a ninety (90) day performance based probationary period, during which time the employee may be discharged without resort to the Grievance Procedure. During said period, if the Employer is not satisfied with the probationary employee’s performance but no earlier than sixty (60) days into the probationary period, it will then place such employee on layoff. An employee thus laid off shall remain entitled to recall for the remainder of the recall period but shall not be entitled to bump again unless recalled and he successfully completes the associated probationary period, after which he is again laid off.

c. Employees laid off, pursuant to this Agreement, shall retain, in addition to the eighteen (18) month recall potential, only, to the extent legally mandated by law, fringe benefit coverage at the employee’s expense. The laid off employee shall retain no other contractual employment benefit.

d. All employees on recall roster must be recalled to their former jobs for reinstatement (or reviewed for recall eligibility to a classification for which they held seniority) prior to the hiring of new employees into such positions.

e. Employees recalled or offered recall review, pursuant hereto, must accept the position or review within ten (10) calendar days of notice thereof by the Employer or they shall be removed from the recall roster permanently. Notice herein shall be effective three (3) business days following either posted mailing by both certified and regular mail of recall or recall review or by actual personal telephone notification to the subject employee, whichever first occurs.

f. Employees who have accepted a position with the Employer on recall must, in any event, return fully to the position within ten (10) calendar days of acceptance or they shall be removed from the recall roster permanently.

3. Temporary Positions

a. Temporary job openings are defined as classification based position duties needed to be performed periodically in addition to or in substitution for that of full-time bargaining unit positions. The position at its inception is intended as non-permanent. A permanent position opening that is being posted and/or advertised for hire, which is temporarily filled during the posting and advertising period is not a temporary job opening.

b. A temporary employee shall be defined as one who is hired in a temporary position other than a bargaining unit member who is filling in for another’s absence, in accordance with the provisions herein.

c. Subject to provision B.3.d. below, when and if a temporary position, intended to last a minimum of two (2) weeks, is filled, prior to offering it to a temporary employee at the Employer’s discretion, the Employer shall first offer the temporary position, in seniority order, to lower salaried, classified employees considered minimally qualified to temporarily fill the position. Qualifications shall be determined by the Employer. The successful employee filling the vacancy shall be paid at the rate of the job filled and shall return to his position when the temporary position sunsets.

d. At the Employer’s discretion, a bargaining unit member who desires to learn the skills and duties of another classification for which there exists a temporary opening shall be allowed the training opportunity to obtain experience qualifying him for positional promotion in the future. This training opportunity will not be unreasonably applied to the continuous exclusion of provision c. above.

i. Training opportunities afforded pursuant to either B.3.c. or B.3.d. or both, above, herein shall be evaluated, in writing, by the Employer and will be submitted to the Employee’s official Personnel File. The evaluation will provide critique of performance including area(s) and manner of improvement needed to satisfactorily meet the Employer’s standards for excellence in the position. The evaluation will also attest as to whether the trainee has met the standards for excellence set by the Employer. The Employer’s determination that a trainee has met that standard shall serve as pre-qualification for promotion into a vacancy, consistent with provision B.3.f. below. Initial determination by the Employer that a bargaining unit member is minimally qualified for temporary training opportunity shall not be construed as equivalent to pre-qualification for promotion based on Employer determined criteria to provide the university with highly qualified trainees for promotional opportunity. The evaluations conducted pursuant hereto, including but not limited to the Employer determined standards for promotion and discretion relative to meeting those standards, is not grievable under any circumstances. Problems in the administration of the program shall, at the request of either the Union or the Employer, be referred to the Labor/Management Committee for consideration as to the efficacy of the program and its application.

e. All temporary job openings, as defined above, shall be posted internally in accordance with the university policy and procedure. During the posting period, the temporary position may be filled at the Employer’s discretion.

f. If a temporary position is made permanent or if a permanent vacancy arises in the same job classification as that of a temporary employee filling a temporary position, the position, prior to posting for promotional opportunity or advertising for hire, shall be offered first, in seniority order, to the most senior of such satisfactory temporary employee(s).

i. If and when such temporary employee is made a regular employee, without any break in service, such employee’s date of hire, for seniority purposes and subject to B.3.f.(ii). below, shall be retroactive to his date of hire as a temporary employee.

ii. If and when such temporary employee is made a regular employee pursuant to the provisions herein, that employee, consistent with the provisions of this Agreement, shall serve a ninety (90) day performance based probationary period of employment in the new bargaining unit position. The Employer may discharge the employee without just cause, however, the discharge must be determined upon a rational basis. That rational basis may be grieved, but not arbitrated. Dues or the Representative Fee, as appropriate, may be deducted from such former temporary employee only following ninety (90) days of total service to the Employer, including the seniority credited temporary service, or upon conversion to regular bargaining unit status, whichever is later.

4. Promotions

a. Prior to external advertisement of permanent position openings within the bargaining unit, except in those circumstances where the most senior temporary employee in the same job classification as the position opening is changed to regular status, an internal notice of such openings shall be posted for five (5) working days.

b. During the five (5) day internal posting period, employees of the Employer who wish to apply for the position may do so by submission of a formal, signed statement of application to the Department of Human Resources.

c. All employee applicants, pre-qualified pursuant to Article XVII, Seniority, B.3.d. above, shall be considered as finalists for the position opening, along with other employees who demonstrate their qualifications to the satisfaction of the Employer. While the Employer is not restricted to filling permanent position openings from only those qualified employees who apply, it shall, in the case of equivalent qualifications among applicants, first award the position opening as a promotion to an internal applicant and among internal applicants it shall first award the position opening to the most senior equivalently qualified applicant.

i. Pre-qualification for promotion into a position must be recertified by the Employer each three (3) years or upon significant change in the position for which an employee was previously pre-qualified. Should the Employer determine not to recertify qualification due to significant change in the position or significant length of time since using skills evaluated by the Employer, the Employer shall give reason(s) to the employee not recertified for promotional opportunity. The only grievable issue, hereunder, shall be whether or not there was provided such reasons and whether such reasons provide rational basis for decertification.

d. The Union, upon formal request, may inspect the listing(s) of pre-qualified bargaining unit members, as described in Article XVII, Seniority, B.3.d., as well as the listing(s) of (internal) applicants for posted positions also on file with the Department of Human Resources.

5. Reassignment (for Union Officers and Stewards)

a. The Employer and the Union recognize that Union officers have, in their relationship to their jobs, a need for continuity in the assigned shift and location which exceeds that of other fellow employees. It is agreed therefore, that these Union officers and stewards will not be routinely reassigned.

b. The Employer and the Union recognize the need to utilize all personnel to meet operational requirements effectively and in conformity with the commitments in paragraph 1 above. Movement of such local Union officers and stewards shall occur, however, only when necessary and appropriate. In the event the Employer deems such movement necessary and appropriate, the Employer will give the employee and the Union maximum prior notice whenever possible.

B. Failure of a grievant to meet any of the calendar limitations stipulated in the procedures below will constitute a waiver of his rights to claim grievance on the basis of the same alleged factual situation. Likewise, a failure on the part of a representative of the Employer to meet the obligations of any step in the Grievance Procedure within the prescribed period of time will give the grievant an automatic right to proceed to the next available step in that procedure. It is understood, however, that nothing contained in this procedure should be construed as limiting the right or propriety of a member of the bargaining unit to discuss any problem informally with an appropriate member of the administration. Time limits, as set out herein, may only be extended by a mutual, written agreement.

C. Procedure for Handling Grievances

1. (Step One)

A grievant shall first discuss his grievance informally with his immediate supervisor. The grievant may, at his option, be accompanied by the department steward.

2. (Step Two)

a. Within ten (10) workdays of the occurrence causing the grievance or of the time the grievant should have reasonably known of the occurrence causing the grievance, the grievant shall, if he is not satisfied through the informal discussion provided for in Step 1, submit, in writing, to the Office of Legal and Employment Affairs (OLEA) the facts of the grievance and the desired adjustment.

b. The Union shall be notified by the designated hearing officer (Designee) from OLEA in the event the grievant is not represented by the Union, and a representative shall have the right to the present at this time and all subsequent steps in the Grievance Procedure and to present its views. The designee, within ten (10) calendar days after receipt of the written grievance, shall meet with the grievant and, at the option of the Union, his steward, in an effort to resolve the grievance. The designee shall indicate his disposition of the grievance in writing, within seven (7) calendar days of said meeting, to the grievant and the Union.

3. (Step Three)

If the grievance is such that no satisfactory solution is reached at this stage, the grievant or the Union shall, within seven (7) calendar days from the date of the disposition by the designee, deliver the grievance to the Office of General Counsel. The General Counsel or his designee shall meet with the grievant and shall dispose of the grievance within twenty (20) calendar days, in writing, to the grievant and the Union.

4. (Step Four)

If the grievant remains unsatisfied after Step Three (3) and the alleged grievance involves specific violation of the written agreement and the Union desires to institute arbitration proceedings, it must, within fourteen (14) calendar days of receipt of the General Counsel’s reply, give proper notice to the New Jersey Public Employment Relations Commission (PERC) with a copy to the Office of General Counsel. Such arbitration proceedings shall be in accordance with the rules and regulations of PERC.

5. The decision of the arbitrator shall not in any manner modify or cause anything to be added to or subtracted from this Agreement or any policy of the Employer. The award shall be final and binding on the parties.

6. Fees and expenses of the arbitrator, if such occur, shall be shared equally by the Employer and the Union. Only with prior written agreement of the parties shall any other expense or fee contained in the Grievance Procedure be shared.

D. The Employer will give written notification to the local Union President of grievance hearings, or meetings, beginning with Step Two, for all employees in the bargaining unit. The local Union President shall also be sent copies of all grievance answers.

E. The Union President, or his designee, may request of his supervisor, time during the workday to investigate alleged grievances, as necessary. It is understood that the supervisor shall schedule such release time, providing the work responsibilities of the Union President or his designee and any involved employee are adequately covered and providing further that there is no disruption of work. Such release time shall not be construed to include preparation of paperwork, record keeping, conferences among Union Officials nor preparation for presentation at a grievance hearing.

Oral reprimand, written reprimand, suspensions with notice given in writing and discharge.

B. Any disciplinary action or measure imposed upon an employee may be processed as a grievance through the regular Grievance Procedure.

C. The Employer shall not discharge any non-probationary employee without just cause. Any employee who is suspended or discharged may file a grievance at the Third Step of the Grievance Procedure and the matter shall be handled in accordance with this procedure through the final appeal step, if such is deemed to be necessary by either party.

D. If any employee is to be discharged, he shall be initially suspended for a five (5) workday period with notice to his steward and the Union in order that such discharge may be processed as a grievance if the employee desires. Under no circumstances shall such suspension be considered a separate disciplinary action but shall merely be utilized for the grievance activities of the Union prior to formal discharge.

B. Either party to this Agreement may request a meeting and shall submit a written agenda of topics to be discussed seven (7) days prior to such a meeting. Request by the Union for such a meeting will be made to the Office of Legal and Employment Affairs.

C. A maximum of three (3) employee representatives of the Union may attend such meetings. Employee representatives who attend such meetings, during their scheduled work shift, shall be granted time off to attend without loss of pay.

D. The Committee meetings are not intended to bypass the Grievance Procedure, the normal administrative structure, or to be considered collective negotiating meetings, but are intended as a means of fostering good employee relations through an exchange of views between the parties to this Agreement.

B. All references to employees in this Agreement designate both sexes, and wherever one gender is used it shall be construed to include both male and female employees.

C. The Employer agrees not to interfere with the right of employees to become members of this unit, and there shall be no discrimination, interference, restraint, or coercion, by either the Employer or any representative of the Union or any Union representative against any employee because of Union membership or lack of membership or because of employee activity or lack of activity in any capacity pertaining to any legal activities of the Union.

D. The Union recognizes its responsibility as bargaining agent and agrees to represent all employees in the bargaining unit without discrimination, interference, restraint, or coercion regardless of membership or lack of membership in the Union.

A. Salary Increases

Subject to the State Legislature enacting appropriations of funds for these specific purposes, the Employer agrees to provide the following benefits, effective at the time stated herein or if later within a reasonable time after enactment of the appropriation:

1. There shall be a two and one-half percent (2.5%) across-the-board increase to the base salaries, as of June 30, 1999, of all eligible bargaining unit members effected in the first full pay period of Fiscal Year 2000.

All full-time employees earning less than $30,000.00 as of June 30, 1999 shall receive a non-base cash bonus based on the differential of the amount of their across-the-board increase (2.5%) and the amount of the across-the-board increase calculated on a base salary of $30,000.00 and all full-time employees as of June 30, 1999 shall receive a non-base cash bonus of $450.00. All employees must be on the payroll as of July 1, 1999 to receive the non-base cash bonuses.

2. There shall be a two and one-half percent (2.5%) across-the-board increase to the base salaries, as of June 30, 2000, of all eligible bargaining unit members effected in the first full pay period of Fiscal Year 2001.

All full-time employees earning less than $30,000.00 as of June 30, 2000 shall receive a non-base cash bonus based on the differential of the amount of their across-the-board increase (2.5%) and the amount of the across-the-board increase calculated on a base salary of $30,000.00 and all full-time employees as of June 30, 2000 shall receive a non-base cash bonus of $450.00. All employees must be on the payroll as of July 1, 2000 to receive the non-base cash bonuses.

3. There shall be a two percent (2%) across-the-board increase to the base salaries, as of June 30, 2001, of all eligible bargaining unit members effected in the first full pay period of Fiscal Year 2002. There will be an additional two percent (2%) increase to the base salaries, as of June 30, 2001, of all eligible bargaining unit members, effective the first fill pay period after January 1, 2002.

Full-time employees on the active payroll June 30, 2001 and January 1, 2002 who earn less than $30,000.00 in base salary as of June 30, 2001 shall receive a non-base cash bonus based on the differential of the amount of their across-the-board increase and the amount of the across-the-board increase calculated on a base salary of $30,000.00. These bonus payments will be paid at the end of July 2001 and January 2002 if the employee remains on the payroll on these dates.

4. There shall be a two and one-half percent (2.5%) across-the-board increase to the base salaries, as of June 30, 2002, of all eligible bargaining unit members effected in the first full pay period of Fiscal Year 2003. There will be an additional two percent (2%) increase to the base salaries, as of June 30, 2002, of all eligible bargaining unit members, effective the first full pay period after January 2003.

Full-time employees on the active payroll June 30, 2002 and January 1, 2003 who earn less than $30,000.00 in base salary as of June 30, 2002, shall receive a non-base cash bonus based on the differential of the amount of their across-the-board increase and the amount of the across-the-board increase calculated on a base salary of $30,000.00. These bonus payments will be paid at the end of July 2002 and January 2003 if the employee remains on the payroll on these dates.

The Compensation Plan Salary Program shall be administered in accordance with the following plan and procedure:

1. A salary schedule containing minimum, midpoint and maximum salary rates applicable to each defined salary range in the bargaining unit shall be the exclusive guide for all salaries available and applicable to members of the bargaining unit during the term of this Agreement. This schedule is set out in Appendix A, herein.

2. The minimum salary rate reflects the first year or “hire in” salary for all members of the bargaining unit who are both new to the position and limited in demonstrable expertise and/or experience as adjudged by and in the discretion of the Employer.

3. The midpoint salary rate reflects the maximum first year salary for members of the bargaining unit who have the demonstrable expertise and/or experience that predicts seasoned performance. Upon the filling of a position, the Employer shall determine, in its discretion, from minimum salary to midpoint salary, where to compensate the bargaining unit member.

4. The midpoint salary rate also reflects the second year rate of the job for all technical trades and laboratory staff (set out in Appendix B). This rate is the mandatory rate for those positions incumbents for the thirteenth (13^th) through thirtieth (30^th) month of employment in the position.

5. The maximum regular salary rate for all positions shall be paid following successful completion of twelve (12) consecutive months of employment for all positions not identified in Appendix B and thirty (30) consecutive months of employment for all positions identified in Appendix B.

6. A regular system of standardized competency evaluation may be conducted prior to the employee’s passage into the next scheduled salary rate of the position’s classification. The procedure under which any standardized testing is provided shall be grievable as to its reasonable relation to the position’s qualifications.

1. Each full-time employee in the bargaining unit, who will have at least one (1) full year of service on July 1, 1999 shall receive a cash uniform maintenance allowance of $400.00. Each full-time employee in the bargaining unit who will have at least six (6) months of service on or before July 1, 1999 shall receive a cash uniform maintenance allowance of $200.00.

2. Each full-time employee who will have a full year of service on or before July 1, 2000 shall receive a cash uniform maintenance allowance of $400.00. Each full-time employee who will have six (6) months of service on or before July 1, 2000 shall receive $200.00.

3. Each full-time employee who will have a full year of service on or before July 1, 2001 shall receive a cash uniform maintenance allowance of $400.00. Each full-time employee who will have six (6) months of service on or before July 1, 2001 shall receive $200.00.

4. Each full-time employee who will have a full year of service on or before July 1, 2002 shall receive a cash uniform maintenance allowance of $400.00. Each full-time employee who will have six (6) months of service on or before July 1, 2002 shall receive $200.00.

1. A one-time cash Bonus payment shall be made in each year of this Agreement, payable in the last pay period in each year in this Agreement, to eligible employees as follows:
a. To receive the full bonus the employee must have actually worked at least one hundred and ninety-five (195) second or third shifts in the fiscal year of eligibility (July-June 30).

b. The Employee must continue in regular employment status on date of payment in any year for which the employee is eligible.

2. The bonus amount shall be $240.00 per eligible employee in each year of this Agreement.

3. For purposes of eligibility for payment of the shift bonus only, any shift which begins at or after 2:00 p.m. and before 6:00 a.m. shall be considered a second or third shift.

B. Permanent part-time employees (employees working more than twenty (20) hours per week) shall be entitled to receive Vacation, Sick Leave and Administrative Leave on a pro rata basis, to the extent permitted by law.

C. Outerwear clothing, work clothing and shoes, in reasonable issue, shall be provided by the Employer and shall be worn and maintained at all times during an employee’s work shift.

D. 1. Tuition Remission

The Tuition Remission Program for employees and the Tuition Waiver Plan for the dependent children of employees, approved by the Board of Trustees, are available to members of the bargaining unit.
2. Fee Remission
a. Fees associated with Employer offered courses that are both approved as to Tuition Remission Program eligible and limited to those courses, that are tuition free, shall be waived, for bargaining unit employees, by the Employer, in content and credit quantity for the term of this Agreement only, subject to such restrictions as placed on that tuition remission available to bargaining unit employees.

b. Fees, less the Employer’s facilities fees associated with credit bearing courses leading to an approved course of study and matriculation, shall be waived by the Employer for dependent children of a bargaining unit employee for up to ten (10) semesters of study except:

i. Failing a course or withdrawal from a course for part-time students will nullify the fee waiver for such course and the fee will be due and owing upon the occurrence of either event.

ii. Failing a course or withdrawal from a course for full-time students will result in loss of one (1) semester of fee waiver eligibility for each such event. Failing a course and/or withdrawal from a course owing to a semester in which disqualification hereunder cannot be fully effected will result in full refund of the waived fee for the semester.

iii. There shall be no fee waiver for courses taken during Summer term.

c. This Fee Remission Program is subject to all Employer sponsored fee program parameters otherwise effected by the Employer.

All parking (except grandpersoned spaces) at all available locations, including the Employer’s parking deck, shall be on a first come first serve basis following registration of a bargaining unit member’s motor vehicle, entitling him/her to parking privileged at the following rates, and except in the case of promotions and/or reclassifications set once for the two (2) year term, and based on salaries calculated as of July 1, 1999 or, for members of the bargaining unit commencing employment after July 1, 1999, calculated as of the date of initial appointment.
• Base Salary of $0…………….….$26,500.00 pays $50 per semester

• Base Salary of $26,500.01………$31,800.00 pays $75 per semester

• Base Salary of $31,800.01………$42,400.00 pays $100 per semester

• Base Salary of $42,400.01………$53,000.00 pays $125 per semester

• Base Salary of $53,000.01………$63,600.00 pays $150 per semester

In the instance where a bargaining unit member is promoted and/or reclassified as to salary range during the initial two (2) year term, the rate shall be reset according to the above table for the next ongoing semester and thereafter frozen from the remainder of the term as set out above unless such bargaining unit member is again promoted and/or reclassified in which case the rate shall be reset and frozen accordingly.

The parking fee schedule methodology and rates set out under provision A.1. above shall continue for the second parking fee term of this Agreement with salaries recalculated and set as of June 30, 2001 or for members of the bargaining unit, commencing employment after July 1, 2001, calculated as of the date of initial appointment.


3. The Parking Fee Table is illustrative of the program schedule and outlines the fee methodology. The Tables are not exhaustive and the program accommodates higher salaried employees according to the incremental methodology outlined above.

4. Fees shall be collected through payroll deduction and spread over the first five (5) consecutive pay periods following registration of a motor vehicle by an employee. There will be no rebates or discounts for partial use during any semester in which a vehicle is registered and therefore entitled to be parked on the Employer’s premises.

and/or ensuring an accessible work environment.

2. University Public Safety Personnel.

3. Residence Life personnel.

4. Specific circumstances and operational needs may dictate express designation, on a
case-by-case basis, of other personnel. Those designated employees are then governed by those reporting and pay parameters of essential services personnel.

1. The university in good faith will endeavor to form an emergency closing, prioritized, standing “Essential Services Team” prior to the date of any affected closing from which Essential Services Personnel will report to work as regularly scheduled, unless noticed in advance of reporting to the contrary.

3. Failing the effectuation of such team, the provisions set out under Article XXVII, Emergency Closing Policy, above shall govern.

1. The State Health Benefits Program is applicable to employees by this Agreement. Changes, corrections or reinterpretations of the program promulgated by the State shall be incorporated into the Agreement and thereafter be applicable to all employees. Such employees will have the option on the open enrollment dates of selecting one of the following plans: Traditional Indemnity, Managed Care/Point of Service (New Jersey Plus), or an HMO approved by the State Health Benefits Commission. If both spouses are active State employees and eligible to participate in the State Health Benefits Program, the couple may choose only one HMO family policy.

2. a. The Managed Care/Point of Service Plan (New Jersey Plus) shall remain without any premium cost to eligible employees and their eligible dependents during the term of this Agreement.

b. Effective July 1, 2000, employees who elect coverage in the Traditional Plan shall pay 25% of the cost of the premium of that Plan as established by the State Health Benefits Commission. The premium cost provisions set forth in the 1995-1999 Agreement for the Traditional Plan shall remain in effect until June 30, 2000.

c. Effective July 1, 2000, employees who elect coverage in an approved HMO Plan shall pay 5% of the cost of the premium of that Plan as established by the State Health Benefits Commission. The approved HMO Plans shall remain without any premium cost from July 1, 1999 through June 30, 2000.

benefits under a Section 125 premium conversion option. All contributions will be by deductions from pay.

4. Effective January 1, 1996, consistent with law, the State will no longer reimburse active employees or their spouses for Medicare part B premium payments.

1. The State agrees to assume, upon retirement, the full cost of the Health Benefits coverage for State employees and their dependents including the cost of charges under Part B of the Federal Medicare Program for eligible employees and their spouses, but not including survivors, for employees who accrue twenty-five (25) years of pension credit service, as provided under the State plan, by July 1, 1997, and those employees who retire for disability on the basis of fewer years of pension credit in the State plan by July 1, 1997.

2. Those employees who accrue twenty-five (25) years of pension credit service or retire on a disability retirement during the period from July 1, 1997 through June 30, 2000 are eligible to receive the following when they retire:

a. Employees in this group who elect to enroll in the Managed Care/Point Service (NJ Plus) or any of the approved HMO Plans shall not have to contribute to the cost of any premium for health insurance coverage.

b. Employees in this group who elect to enroll in the Traditional Plan and earn $40,000 or more in base salary in the year they retire shall pay the difference between the cost of the Traditional Plan and the average of the cost of the State of the Managed Care/Point of Service (NJ Plus) and the approved HMO Plans for health insurance coverage.

c. Employees in this group who elect to enroll in the Traditional Plan and earn less than $40,000 in base salary in the year they retire shall pay 1% of their annual base pay at retirement but not less than $20.00 a month for health insurance coverage.

d. Employees in this group shall receive Medicare Part B reimbursement after retirement up to a cap of $46.10 per month per eligible employee and the employee’s spouse.

3. Those employees who accrue twenty-five (25) years of pension credit service or retire on a disability retirement during the period from July 1, 2000 through June 30, 2003 are eligible to receive the following when they retire:

a. Employees in this group who elect to enroll in the Managed Care/Point of Service (NJ Plus) or any of the approved HMO Plans in retirement shall not have to contribute to the cost of any premium for health insurance coverage.

1. So long as the State continues the Prescription Drug Benefit Program, the Employer shall coordinate its administration during the period of this Agreement. The Program shall be funded and administered by the State. It shall provide benefits to all eligible unit employees and their eligible dependents. Each prescription required by competent medical authority for Federal legend drugs shall be paid by the State from funds provided for the Program subject to a deductible provision which shall not exceed $5.00 per prescription or renewal of such prescription and further subject to specific procedural and administrative rules and regulations which are part of the Program.

1. It is agreed that Eye Care Program shall include all employees and their eligible dependents (spouse and unmarried children under 23 years of age who live with the employee in the regular parent-child relationship). The coverage shall be $35 for regular glasses and $40 for bifocal glasses with all other conditions for eligibility as in the current plan. The extension of benefits to dependents shall be effective only after the employee has been continuously employed for a minimum of sixty (60) days.

2. Full-time employees and eligible dependents as defined above shall be eligible for a maximum payment of $35 or the cost, whichever is less, of an eye examination by an Ophthalmologist or an Optometrist.

3. Each eligible employee and dependent may receive only one (1) payment for glasses and one payment for examinations during each of the two (2) fiscal periods, namely July 1, 1999 to June 30, 2001 and July 1, 2001 to June 30, 2003. Proper affidavit and submission of receipts are required of the employee in order to receive payment.

1. Full-time employees and eligible dependents shall be eligible for the State administered Dental Care Program which shall be continued during the life of this Agreement.

2. Participation in the Program shall be voluntary with a condition of participation being that each participating employee authorize a biweekly salary deduction not to exceed 50% of the cost of the type of coverage elected, e.g., individual employee only, husband and wife, parent and child or family coverage.

3. Each employee shall be provided with a brochure describing the details of the Program, enrollment information and the required forms.

4. Participating employees shall be provided with an identification card to be utilized when covered dental care is required.

1. This Agreement shall be effective July 1, 1999 and shall terminate as of June 30, 2003. Except as otherwise specified, provisions herein shall become effective upon date of execution.

2. The parties agree to enter into collective negotiations concerning a successor agreement to become effective on or after July 1, 2003, subject to the provisions set forth in Article II, Negotiating Procedure.

3. The parties hereby acknowledge and agree to the terms and conditions of the aforementioned Agreement between the Employer (New Jersey Institute of Technology) and the Union (New Jersey Council #52, AFSCME, AFL-CIO).