AGREEMENT PAGEREF _Toc204244583 \h 1

ARTICLE 1 PAGEREF _Toc204244584 \h 2

RECOGNITION PAGEREF _Toc204244585 \h 2

DISCRIMINATION AND COERCION PAGEREF _Toc204244587 \h 2

UNION SECURITY 3

UNION DUES/DEDUCTIONS 4

MANAGEMENT RIGHTS 5

GRIEVANCE PROCEDURE 8

NO-STRIKE PLEDGE PAGEREF _Toc204244597 \h 8

PROBATION PERIOD 8

SENIORITY 9

WAGES 10

HOLIDAYS PAGEREF _Toc204244605 \h 10

VACATION 12

SICK LEAVE 13

BEREAVEMENT LEAVE 14

MILITARY LEAVE 14

JURY DUTY 14

HOURS OF EMPLOYMENT 15

OVERTIME 15

HOSPITAL AND MEDICAL INSURANCE 16

BOROUGH/UNION COOPERATION 18

INJURY LEAVE PAGEREF _Toc204244629 \h 18

UNION REPRESENTATIVE 19

BULLETIN BOARDS 19

LEAVES OF ABSENCE 19

PERSONAL LEAVE 19

VOLUNTEER FIRE OR FIRST AID SQUAD DUTY 20

USE OF PRIVATE VEHICLES 20

MUTUAL RESPECT CLAUSE 20

WORK IN HIGHER CLASSIFICATION PAGEREF _Toc204244648 \h 20

UNION LEAVE 20

CONTINUATION CLAUSE 21

FULLY BARGAINED PROVISIONS 21

SEPARABILITY AND SAVINGS CLAUSE 21

TERM AND RENEWAL 22

APPENDIX B 24

APPENDIX C 25

APPENDIX D 26

APPENDIX E 27

APPENDIX F 28

By this Agreement, made this ______ day of ________, 2022, by and between the BOROUGH OF LINCOLN PARK (hereinafter referred to as “Borough”) and the LOCAL 74, UNITED SERVICE WORKERS UNION, (hereinafter referred to as the “UNION”), which has as its purpose the promotion of harmonious relations between the Borough and the Union, the establishment of an equitable and peaceful procedure for the resolution of differences, and the establishment of rates of pay, hours of work, and other conditions of employment, the parties hereto mutually agree as follows:
ARTICLE 1
RECOGNITION

A. The following shall be excluded from the bargaining unit: (a) all public works, telecommunicator, and professional, managerial and supervisory staff, (b) all confidential, seasonal, police, school crossing guard, or temporary employees, and (c) all workers hired and funded on a joint cooperative basis with another unit of government.

B. The Borough recognizes the Union as the exclusive collective negotiations representative of all clerical employees employed by the Borough except those excluded under Paragraph A above. The following titles are currently included in and covered by this Collective Bargaining Agreement:

a) Account Clerk (00001)

b) Senior Account Clerk (03165@)

c) Principal Account Clerk (02755)

d) Administrative Clerk (00020)

e) Administrative Clerk/Registrar of Vital Statistics (06040)

f) Management Assistant (56492)

g) Clerk 3 Stenographer (02777)

h) Recreation Program Coordinator (03018)

i) Technical Assistant to the Construction Official (05193)

C. The job title of each active bargaining unit employee effective January 1, 2022 is confirmed and updated in the annexed Appendix B.

Neither the Borough, nor the Union, nor any of their agents, shall discriminate against, or in favor of, or intimidate or coerce any employee because of his/her Union membership or non-membership or his/her participation or non-participation in Union activities. Neither the Borough nor the Union shall discriminate against any employee because of race, color, sex, religion, national origin, political affiliation, martial status, age, sexual orientation, or physical disability (unless based on a bona fide job requirement).

ARTICLE 3
UNION SECURITY

The Borough agrees to give effect to the following form of Union security:

A. All permanent, full-time employees, and all permanent, part-time employees, who are members of the bargaining unit on the date of execution of this Agreement, may remain members of the bargaining unit in good standing.

B. It is agreed that at the time of hiring, the Borough will inform newly hired employees, who fall within the bargaining unit, that they may join the Union ninety (90) calendar days thereafter.

C. All vacant positions shall be posted internally giving members of the bargaining unit five (5) working days to apply for such openings.

D. Payroll division is to notify Union of all new hires and titles (plus promotional) upon notification from Administrator's office.

E. Payroll division is to provide Union Steward with a list of all Local 74 members, their addresses, Social Security number and base pay upon request.

A. The Borough agrees to deduct Union dues from the wages of employees within the bargaining unit provided the employee executes a proper written legal authorization for such dues deduction. Said dues shall be deducted twice monthly and remitted monthly to the Union Treasurer. The Union shall notify the Borough in writing of the amount to be deducted. The Borough shall not be responsible for the transmission, receipt and use of the funds when payment has been placed in the mail or picked up by the Union.

B. The Union shall be solely responsible to account to such employees for the receipt and disbursement of all funds collected pursuant to this Paragraph and shall indemnify and hold the Borough harmless from all loss and liability including, without limitation, all cost of defense on account of any claim asserted by any person relating to the collection, disbursement and purposes for which such funds may or shall be used. Notwithstanding the foregoing, this section shall not be construed to prevent the Borough’s attorney from appearing or participating in any litigation to which the Borough is a party.

C. If, during the term of this Agreement, the Union effectuates any change in the rate of membership dues, the Union shall furnish to the Borough written notice of same sixty (60) days prior to the effective date of such change.

D. Within fifteen (15) days of deduction, the amounts so deducted shall be certified to the Borough by the Union and the aggregate deductions of all employees shall be remitted to the Union together with the list names of all employees for whom the deduction were made.

E. The Union shall provide the necessary “check-off authorization” form and the Union shall secure the signatures of its members on the forms and deliver the signed forms to the Borough. The Union shall indemnify, defend and save the Borough harmless against any and all claims demands, suits or other forms of liability that shall arise out of or by reason of action taken by the Borough in reliance upon the salary deduction authorization forms submitted by the Union to the Borough.

F. Subject to each and every employee’s right under State and Federal law, the parties acknowledge their respective obligations set forth in the New Jersey Workplace Democracy Enhancement Act and all governing Federal and State Law, and agree to abide by such obligations. All employees of the Borough covered by this Agreement who are members of the Union, and in-standing on the effective date this Agreement, shall remain members in good standing. All employees covered by this Agreement and hired on or after its effective date shall on the 30^th day following the beginning such employment, subject to each and every employee’s rights under State and Federal law, may become and remain members. An employee may terminate his/her dues deduction in writing to the Union and Borough in accordance with State Law. The Borough shall cease deducting dues for said employee as of January 1, or July 1 next succeeding the date on which the notice of termination was filed by said employee.

G. Upon receiving written authorization from an employee, the Employer will deduct from each employee’s regular monthly wages in equal amounts the sum designated by the employee on said authorization and forward the sum deducted to the Local 74 U.S.W.U. as required in paragraph A hereinabove. No deduction shall be made in a pay period where the employee’s wages are less than the sum designated to be deducted.

A. In order to effectively administer the affairs of the Borough and to properly serve the public, the Borough hereby reserves and retains unto itself, as public employer, all the powers, rights, authorities, duties and responsibilities conferred upon and vested in it by law or otherwise prior to signing of the Agreement. In accordance with Civil Service Rules and Regulations, except where expressly modified by the Agreement, the Borough’s prerogatives included the following rights without the limit of the foregoing.
1. To manage and administer the affairs and operations of the Borough; and

3. To hire, promote and assign employees; and

4. To demote, suspend, discharge or otherwise discipline employees; and

5. To maintain efficiency of the Borough’s operations; and

6. To determine the methods, means, job classifications and personnel by which such operations are to be conducted; and

7. To discharge employees from duties because of lack of work or for other legitimate reasons, such layoff to be made in order of seniority, in the class, the person(s) last appointed to be first laid off; and

8. To determine reasonable schedules of work and establish methods and processes by which such work is to be performed; and

9. To take whatever actions may be necessary to carry out the responsibilities of the Borough; and

10. To hire all employees, and subject to the provisions of law, to determine their qualifications and conditions for their continued employment, or their dismissal or demotion; and


11. To promulgate rules and regulations from time to time, which may effect the orderly and efficient administration of municipal government.

B. With respect to Paragraph A above, the Borough’s use and enjoyment of its powers, rights, authorities, duties and responsibilities, the adoption of its policies and practices or the promulgation of rules and regulations in furtherance thereof, and the exercise of discretion in connection therewith, shall be limited only by the terms of the Agreement and to the extent that the same conform to the laws of New Jersey and of the United States.

C. Nothing contained in this Agreement shall operate to deny to or restrict the Borough in the exercise of its rights, responsibilities, and authorities pursuant to the laws of this State or the United States.

D. The Union hereby acknowledges that the Borough being a public agency is free to use Union or non-union contractors and sub-contractors without interference from the Union, its officers or its members. Further, the Borough shall have the right, at its sole discretion, to apportion work by subcontract or other similar means, as it may see fit, in order that the services to be performed by the Borough may be carried out for the benefit of the public.

A. Purpose:
1. The purpose of this procedure is to secure, at the lowest possible level, an equitable solution to the problems which may arise affecting the terms and conditions of this Agreement. The parties agree that this procedure will be kept as informal as may be appropriate. Where there is dispute, and pending the grievance procedure, work shall continue in a regular and orderly manner without interruption.

2. 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 his/her departmental supervisory staff and having the grievance adjusted without formal proceedings.

B. Definition:
1. The term “grievance” as used herein means any controversy arising over the interpretation, application, or violation of the provisions of the Agreement and may be raised by an individual, the Union or the Borough.

2. “Days” mean working days exclusive of weekends and holidays.

C. Steps of the Grievance Procedure:

(1) Step One: Department Head

a) A member of the bargaining unit having a grievance shall, within ten (10) days after the occurrence of the grievance, submit such grievance, in writing, signed and dated, to the department head. Any grievance not filed within ten (10) days of its occurrence shall be considered void.

b) The written grievance must identify the grievant by name(s); if filed by the Union, it must identify the Union’s representative as well; must set forth with particularity a clear and concise statement of the facts constituting the grievance, including the specific action or failure to act alleged, the time and place of occurrence of such specific action or failure to act, and the names of the person(s) causing such action or failure to act, if applicable, and the specific contract provision(s) forming the basis of the grievance; and must set forth with particularity the remedy sought by the grievant. The matters and persons specified and identified in a written grievance shall not be expanded upon or added to subsequent to its filing.

c) Once a grievance comporting with the foregoing requirements of specificity and identification is timely filed, the department head shall render a decision within five (5) working days after receipt of the grievance.


(2) Step Two: Borough Administrator

a) In the event the grievance is not resolved to the grievant’s satisfaction at Step One, or in the event the Department Head has not served a timely written response date set forth in Step One, the grievant may present the grievance and any written response(s) received at Step One and/or Step Two to the Borough Administrator, together with a written, signed and dated statement of the grievant’s dissatisfaction with the results in Step One.

b) Upon receipt of the grievance, the Borough Administrator, or his representative, shall render a decision in writing within ten (10) working days from the receipt of the grievance.


(3) Step Three: Arbitration

a) Should the aggrieved person be dissatisfied with the decision of the Borough Administrator or should the Borough Administrator fail to respond within the time period prescribed in Step Two, then such aggrieved person may file within twenty (20) working days for binding arbitration. The Arbitrator shall be chosen in accordance with the rules of the New Jersey Board of Mediation.

b) If the aggrieved elects to pursue Civil Service procedures, the arbitration hearing shall be cancelled, and the matter withdrawn from arbitration.

c) The arbitrator shall be bound by the provisions of this Agreement and restricted to the application of the facts presented to him involved in the grievance. The arbitrator shall not have the authority to add to, modify, detract from or alter in any way the provisions of this Agreement or any amendment or supplement thereto.

d) The cost of services of the arbitrator shall be borne equally between the Borough and the Union. Any other expense incurred, including, but not limited to, the presentation of witnesses, shall be paid by the party incurring same.

e) The arbitrator shall set forth his findings of facts and reasons for making the award within thirty (30) calendar days after conclusion of the arbitration hearing unless agreed to otherwise by the parties. The award of the arbitrator shall be final and binding on the parties.


(4) Scheduling of Conferences, Meetings and Hearings

Grievance and arbitration conferences, meetings and hearings shall be held at mutually acceptable times and places, provided that such conferences, meetings and hearings shall be scheduled after an employee’s regular working hours whenever reasonably possible. The individual grievant may have, if he chooses, an employee representative from the Union to assist in the resolution of the grievance at such conferences, meetings and hearings. In the event such conferences, meetings and hearings are scheduled during employees’ regular working hours, the individual grievant, the participating employee representative from the Union, and any necessary employee witnesses shall be released from work without loss of regular straight time pay for the purpose of participating there at. Requests for employee representatives and witnesses shall be made to the Borough Administrator in writing by no later than three (3) days prior to the date of any conference, meeting or hearing, and such dates shall be scheduled considering the availability of all parties and witnesses and the needs of the Borough.


D. Borough Grievances:

Grievances initiated by the Borough shall be filed directly with the Union within ten (10) calendar days after the event giving rise to the grievance has occurred. Failure to act within said ten (10) calendar days shall be deemed to constitute abandonment by the Borough. A meeting shall be held within ten (10) calendar days after filing a grievance between the representatives of the Borough and the Union in an earnest effort to adjust the differences between the parties. In the event no such adjustment has been satisfactorily made within twenty (20) calendar days after such meeting, the Borough Administrator may within ten (10) calendar days thereafter file for binding arbitration in accordance with Step Three above. In no event shall the exercise of this provision or the fact of its availability to the Borough be deemed a waiver of any right under appropriate circumstances to injunctive relief.

E. Grievance Representative:

A grievant may be represented by a member of the Union or anyone else of the grievant’s choosing at Step One or at any subsequent proceeding, but not only if the grievant so requests such representation. If the grievant does not elect to be represented by the Union at said proceeding, a Union representative may, nevertheless, be present to protect the Union’s contractual interests.

F. Civil Service Jurisdiction:

Notwithstanding any foregoing provisions to the contrary, it is the intent of the parties that no matter in dispute that is subject to the review and/or the decision of the Civil Service Commission of the State of New Jersey may be submitted to arbitration. The parties hereby direct the arbitrator not to accept or to decide any matter in dispute that is subject to Civil Service Commission review and decision.

G. Grievance Limitation:

It is mutually agreed by both parties that no grievance relating to an incident that occurred prior to the execution of this contract will be entertained under the provisions of this contract.

H. Disciplinary Proceedings:

Civil Services rules and regulations shall govern all disciplinary actions. When a suspension, fine, demotion or discharge for disciplinary purposes is taken against any member of the bargaining unit, the employee subject to said disciplinary action may grieve such action in accordance with Section C of the Article provided the employee first submits to the Borough a written waiver of his right to appeal before the Civil Service Commission.

A. The Union covenants and agrees that during the term of this Agreement neither the Union, its officers or members, nor any person acting in its behalf will cause, authorize, or support, nor will any of its members take part in any strike (i.e., either the concerted or planned failure to report for duty, or stoppage of work or abstinence in whole or in part, from the full, faithful and proper performance of the employee’s duties of employment), work stoppage, slow-down, walkout or other job action against the Borough. The Union agrees that such action would constitute a material breach of the Agreement.

B. In the event of a strike, slow-down, walkout or other job action, it is covenanted and agreed that participation in any such activity by any employee covered under the terms of this Agreement shall be deemed grounds for termination of employment of such employee or employees.

C. The Union will actively discourage and will take whatever affirmative steps are necessary to prevent any strike, work stoppage, slow-down, walkout or other job action against the Borough. In the event that any of the employees violate the provisions of this Article, the Union shall immediately order any of its members who participate in such action back to their jobs, forward copies of such order to the Borough, and use every means at its disposal to influence the employees to return to work.

D. Nothing contained in this Agreement shall be construed to limit or restrict the Borough in its rights to seek and obtain such judicial relief as it may be entitled to have in law or in equity for injunction or damages or both in the event of such breach by the Union or its members.

E. The Borough shall not “lock out” members of the bargaining unit on a concerted or discriminatory basis, as a means of bringing them to accept the Borough’s terms.

All new and promoted employees shall serve a probationary period according to applicable Civil Service Rules and regulations for the State of New Jersey, as revised.

ARTICLE 9
SENIORITY

Seniority, which is defined as continuous employment with the Borough from date of last hire, will be given due consideration by the Borough under the following circumstances:

A. The most senior employee shall be given preference in the selection of vacations, provided that there is no interruption of the normal operations of the Borough.

B. On promotions in the unclassified service where two candidates’ ability, past performance, experience, qualifications, education, aptitude, and other job requirements or qualifying criteria are equal, the most senior employee shall be promoted.

A. Effective January 1, 2022, an annual salary scale shall be implemented for the bargaining unit employees. A copy of the salary scale effective January 1, 2022 is annexed hereto as Appendix A.

B. The rules for implementation and application of the salary scale are as follows:

i. Effective January 1, 2022, bargaining unit employees shall be placed onto the salary scale based on years of service in the bargaining unit (e.g. an employee who has completed two full calendar years of service would initially be placed at Step 3 on the scale, subject to the below conditions and exceptions) except that if placing an employee at the step corresponding with their calendar years of service in the bargaining unit would result in the employee receiving more than a $5,000 increase in salary as compared to December 31, 2021, then said employee will be placed at the step on the scale that will give them the largest salary increase that is less than $5,000 or the new minimum salary for their job title, whichever is greater, as per Appendix B attached hereto.

ii. Any employee whose salary as of December 31, 2021 is greater than the maximum for their job title under the January 1, 2022 salary scale shall be red-circled and maintain their existing rate of pay. Said red-circled employees will receive a 3.0% increase in salary effective January 1 of each calendar year covered by this Agreement.


iii. Annexed hereto as Appendix B is a spreadsheet setting forth the job title and base annual salary of each bargaining unit employee effective January 1, 2022 after implementation of the new salary scale.

iv. Employees will be promoted to the same step they currently occupy in their existing job title, except that if the in-step promotion would result in the employee receiving more than a $5,000 increase in salary, the employee will be placed at the step that will give them the largest raise that is less than $5,000 or the minimum salary for their new job title, whichever is greater.

v. Employees with more than twelve (12) months of service in the bargaining unit will go to the next step on the scale effective January 1 of each calendar year. Employees with less than twelve (12) months of service in the bargaining unit are not yet eligible for a step increase on January 1 of the specific year in question (e.g., an employee hired into the bargaining unit on April 1, 2021 will not advance a step on January 1, 2022 and will instead receive their first step increase on January 1, 2023).

vi. Each calendar year covered by this Agreement shall have its own separate salary scale, which shall include a 3.0% increase in each and every job title and step on the scale. Salary scales for calendar years 2023 through 2026 are annexed hereto as Appendices C through F respectively.

C. Payroll shall be paid every two (2) weeks commencing with the earliest possible date of implementation.

Employees shall be entitled to fourteen (14) off-duty days per annum during the term of this Agreement, which shall be the equivalent of Holidays. The off-duty time for holidays shall be in accordance with a schedule established or approved by the Borough Administrator. The designated holidays are:

New Year’s Day Day after Thanksgiving
Martin Luther King’s Birthday Veteran’s Day
Washington’s Birthday Thanksgiving Day
Good Friday Christmas Eve Day
Memorial Day Christmas Day
Independence Day Two Floating Days
Labor Day

Additional holidays may be designated at the direction of the Borough Council. In the event that a holiday falls on a Saturday, the holiday shall be observed on the preceding Friday. In the event that a holiday falls on a Sunday, the holiday shall be observed on the following Monday. A designated holiday falling within the vacation period of an employee, shall not be charged as a vacation day. In the event that Christmas or New Year’s Day falls on a Saturday then the Friday and Saturday are recognized as holidays. If Christmas or New Year’s Day falls on a Sunday then the Sunday and the following Monday are recognized as holidays.

Notwithstanding the above, employees hired into the bargaining unit after June 20, 2022 shall not be entitled to any floating holidays and shall only receive the twelve (12) designated holidays set forth above. Employees hired prior to June 20, 2022 shall continue to be entitled to two (2) floating holidays in addition to the twelve (12) designated holidays above.

ARTICLE 12
VACATION

A. The annual vacation leave with pay for members of the bargaining unit shall be earned at the following rate:

1^st year 84 hours (7 hours for each completed
month of service)
2-5 years 98 hours

6-10 years 119 hours

11-15 years 133 hours

16-19 years 147 hours

20+ years 168 hours

month of service)

6-15 years 119 hours
16-19 years 133 hours

20+ years 147 hours

*In the first calendar year of employment, each member shall earn and receive one (1) vacation day for each complete month of service.

For the purpose of this Article, each “year of service” shall mean each anniversary year worked. Regularly appointed part-time employees shall receive vacation credit allowance proportionate to number of hours worked.

B. An employee will not be granted vacation leave during the initial three (3) months of employment, but such period may be credited towards annual vacation allowance.

C. Eligibility for additional vacation hours based upon length of service shall vest at the time of an employee’s anniversary date. However, such additional vacation hours may be utilized as of January 1, in any calendar year in which an employee shall become so eligible.

D. A Full-Time employee may request approval to carry over to the year immediately succeeding not more than seventy (70) vacation hours. No such carry over shall be approved without the prior written consent of the Department Head and the Borough Administrator.

E. Except in the case of retirement, (as specified in Section F) or termination resulting from moral turpitude, an employee who is terminated or who voluntarily terminates his/her employment, shall be entitled to the vacation allowance for the current year pro-rated upon the number of months worked in the calendar year in which the separation becomes effective.

F. If at any time during a calendar year an employee retires after twenty-five (25) years or more of employment with the Borough, they shall be entitled to pro-rated vacation allowance during the last year of employment. If an employee attends any retirement conference and then retires within the next year, the day would be paid back.

G. Vacation leave for members may be taken in segments of at least one (1) hour upon approval by the Department Head and shall not be unreasonably denied.

H. Where a conflict of vacation schedules among employees occur, the most senior employee shall have preference.

I. If upon termination from the Borough’s service, an employee has used more paid vacation leave than that to which he is entitled under this Article, he shall have deducted from his/her final pay an amount equal to his/her daily rate of pay for each day of paid vacation leave taken in excess of the number of paid vacation leave days to which he is entitled. For purposes of computing such entitlement, vacation allowance for the current year shall be pro-rated upon the number of months worked in the calendar year in which the termination from service becomes effective, and any paid vacation leave which may have been carried over from the preceding calendar year pursuant to paragraph C & D above.

J. The Borough may “buy back” unused vacation hours at the employees regular rate of pay provided that the said employee requests same in writing and such request is approved by the Administrator no later than December 1 in the year the vacation hours are earned.

A. Credit for Sick Leave:

1. Sick leave may be utilized by employees pursuant to Civil Service sick leave rules and regulations in N.J.A.C. 4A:6-1.3 and 1.4.

B. Amount of Sick Leave:

Sick leave shall accrue to each full-time employee on the basis of seven (7) hours per month during the remainder of the first calendar year after initial date of appointment.
Thereafter, each full-time employee shall be entitled to compensable sick leave of 105 hours per calendar year, and any amount of sick leave allowance not used in any calendar year shall accumulate to an employee's credit from year to year to be used only if and when needed for such purpose.

Sick leave for members may be taken in segments of at least one (1) hour upon approval by the Department Head and shall not be unreasonably denied.

C. Verification of Sick Leave:

1. An employee who is suspected of abusing sick leave, is absent on sick leave for five (5) consecutive working days or has been absent on sick leave for an aggregate of more than 15 days in a 12-month period, shall be required to submit acceptable medical evidence substantiating the illness. When an illness is of a chronic or recurring nature causing occasional absences of one day or less, one proof of illness shall be required for every six month period as per N.J.A.C. 4A:6-1.4(e). Verification may also be required by the Borough pursuant to N.J.A.C .4A:6-1.4(d), (e), (f) and/or (g).

2. Abuse of sick leave shall be cause for disciplinary action.
3. The Department Head or his designee may conduct a home visit of an employee who has used four (4) or more consecutive sick days. If an employee has used three (3) consecutive sick days or less, a home visit should not be conducted as a routine matter, but only upon a documented reasonable suspicion set forth in writing by the Department Head or his designee documenting the circumstances surrounding the event triggering a home visit.

4. A doctor's note may be required on return to work for all sick days used on the day before and the day after all recognized Borough holidays.

D. Reporting of Absence on Sick Leave:

If an employee is absent for reasons that entitle him to such leave, his/her supervisor shall be notified prior to the employee’s starting time wherever possible.

1. Failure to notify his/her supervisor may be cause of denial of the use of sick leave for the absence and constitute cause for disciplinary action.
2. As per N.J.A.C. 12:17-9.11(a), an employee who is absent from work for five (5) or more consecutive work days and who without good cause fails to notify the Borough of the reasons for his or her absence shall be considered to have abandoned his or her employment.

E. Sick Leave Compensation:

At retirement in good standing following twenty-five (25) or more total years of service in good standing with the Borough, Full-Time employees will be compensated for unused accumulated sick leave not to exceed, however, One Thousand four hundred seventy hours (1,470 hours) based upon the individuals rate of pay at the year of retirement provided that sick leave shall be paid on the basis of one (1) paid day for every two (2) sick days accumulated and in no event shall such compensation exceed the sum of $15,000.00 or the maximum amount permitted by law.

Employee will be required to give notice of retirement to Administrator by December 31^st of preceding year for budgetary purposes.

F. Sick Leave Incentive Plan:

2. One (1) to twenty-one (21) sick hours taken in calendar year - $800.00 payment

The Union agrees to cooperate fully in minimizing sick leave taken and eliminate any abuses called to its attention.

A. All members working a typical 5 days on/2 days off schedule shall be entitled to 35 hours off with pay on the days immediately following the death of an immediate family member.

B. Immediate family shall be defined as set forth in Civil Service regulation N.J.A.C. 4A:1-1.3, and as it may be amended from time to time.

C. Reasonable verification of the event may be required by the Borough.

D. In the event of a death in the immediate family which could cause the employee to travel considerable distance or would otherwise entail additional time off, additional days may be granted by the Borough Administrator at his/her discretion in unusual or extraordinary circumstances.

A. Any employee covered under this Agreement, who is a member of the National Guard or Naval Militia of the State or the Military or Naval Forces of the United States and is required to undergo annual active duty field training, shall be entitled to such additional leave as is provided by State Law.

B. The employee shall make formal written request through the Department Head to the Borough Administrator as soon as reasonably possible after receipt of orders. The employee shall submit a copy of the Military Order to the Department Head, unless such order is of a classified nature. The employee, upon return from duty, shall submit a certificate showing the dates of participation in the training program.

An employee who is called for jury duty shall be paid the difference between the daily fee allowed by the Court and straight time pay for regularly scheduled working time lost, exclusive of overtime and standby pay. A written request for such leave shall be given by the employee to his/her supervisor at least two (2) weeks in advance, or upon receipt of summons, if this occurs within two weeks of jury duty.

A. Full-Time Clerical:

The regular workweek for full-time members shall be Monday through Friday and shall consist of five (5) days of seven (7) hours each, exclusive of one (1) hour for lunch. Said hours may vary by employee and department under pre-approved circumstances by the Department Head and Administrator so long as any alternate hours do not have a negative impact on the department or otherwise effect the completion of job responsibilities as determined by the Department Head or Supervisor.

B. Coffee Break:

Employees will be granted two (2) fifteen minutes coffee breaks daily, one (1) such coffee break shall be in the morning and the other in the afternoon at times designated by the Department Head or Supervisor.

A. 1. Double-time rate of pay for all full-time Borough employees after first sixteen (16) hours have been worked at existing rate of pay (straight time, time and one-half, double time).

2. Any work performed in excess of forty (40) hours during the regular work week per work week or seven and one-half (7 ½) hours per workday shall be considered overtime and compensated at one and one-half (1 ½) times the regular hourly rate of pay or by compensatory time off (also at time and one-half) at the discretion of the employee. Work performed beyond seven (7) hours per day but prior to reaching seven and one-half (7 ½) hours per day shall be compensated (via pay or compensatory time) at straight time. Employees may bank up to forty (40) hours of compensatory time, which can be carried over to subsequent calendar years and will not expire or be forfeited under any circumstances. If an employee has forty (40) hours of compensatory time in their bank, said employee must be paid for any time worked beyond their regularly scheduled hours pursuant to the process detailed above. Upon a written request of an employee, or the employee’s retirement or termination of employment, said employee shall be paid out for their unused compensatory time at their rate of pay then in effect.

B. If an employee is called into work outside the regular working hours, he/she will be guaranteed a minimum of two (2) hours pay at the overtime rate, provided that said two (2) hour guarantee does not apply if an employee is required to remain on the job after regular hours without his/her having already left work for the day or if the employee has already been called in and received the two (2) hour guarantee during the preceding six (6) hours.

A. All members regularly working in excess of 30 hours per week covered by this Agreement and eligible members of their family shall be entitled to full Health Insurance coverage and Dental coverage. The Borough and Employees shall pay the premiums for these benefits in accordance with the provisions of the Pension and Health Benefits reform Act under Chapter 78, P.L. 2011.
Effective January 1, 1999, the Borough will increase the Dental Plan benefit to two thousand ($2,000) dollars per year for employees and each of their insured eligible dependents.
B. The Borough shall have the right to change insurance carriers so long as substantially equivalent benefits are provided. A minimum of 90 days’ notice of intent to change insurance carriers shall be provided by the Borough.

C. Coverage shall continue while on paid sick leave.

D. Employees hired prior to June 1, 2007, upon retirement after 25 years or more of continuous full-time employment with the Borough, shall continue to receive full Health and Dental Benefits as described above and adopted by the Governing Body on April 27, 1987, Resolution R87-138. The Borough and Employees shall pay the premiums for these benefits in accordance with the provisions of the Pension and Health Benefits reform Act under Chapter 78, P.L. 2011.


Employees that were hired on or after June 1, 2007 will not be entitled to and will not receive, upon retirement or separation from employment with the Borough, Health or Dental benefits of any kind (including, but not limited to, hospitalization and health insurance, dental insurance, eye care reimbursement plan, and Medicare co-pay benefits).

E. The Borough shall replace eyeglasses if broken on the job.

F. The Borough shall institute an Eye Care Plan for the employees and each of their insured eligible dependents. The maximum reimbursement per year, per person, for full-time employees shall be three hundred ($300.00) dollars for eye exams and/or prescriptive eyeglasses and corrective contact lenses. The maximum reimbursement per year, per person, for part-time employees shall be one hundred fifty ($150.00) dollars for eye exams and/or prescriptive eyeglasses and corrective contact lenses which shall only be available to such part-time employee and shall exclude such benefits for such part-time employee dependents. Notwithstanding the above, the Eye Care Plan benefit shall be eliminated for employees hired into the bargaining unit after June 20, 2022.

G. Dental coverage for children shall extend to December 31 of the year in which the children reach the age of twenty-three (23), regardless of whether they are current students.

H. Employees hired prior to June 1, 2007 shall have Medical Benefit co-pay of $5.00. Employees hired on or after June 1, 2007 shall have a Medical Benefit co-pay of $20.00. The foregoing stipulations shall not preclude an employee from voluntarily selecting a plan with a higher co-pay (and presumably a lower premium) if he/she chooses to do so.

The Union recognizes that it is the responsibility of the Borough to determine levels of performance and working conditions for employees. The Union pledges its cooperation in the following areas:

A. Employee Performance:

1. maintain and improve levels of performance.

2. cooperate in the installation of methods and technological improvements and suggest other improvements where possible.

3. assist, where possible, in building good will between the Borough and the Union and the public at large.


B. Employee Training:
The Borough and the Union agree that training is an integral function of management and an essential requirement for all employees to promote acceptable and increase levels of competence. The Union shall encourage employees to maintain acceptable and increased levels of competence by:

1. Keeping abreast of changes occurring in their operation; and

2. Participating in development activities in order to perform more efficiently in current and future assignments; and

3. Utilizing and sharing with fellow employees new skills acquired through training.


Borough representatives and the Union agree to meet to consider training and development programs for employees covered by this Agreement. Such programs as required by the Borough, shall include full reimbursement by the Borough for approved courses, which are completed by employees as part of employee training program.
C. Employee Safety and Health:

1. The Union pledges to encourage all members to use safety equipment and observe safety rules. The Borough shall, at all times, endeavor to maintain safe and healthful working conditions, and provide employees with tools or devices to promote the safety and health of said employees.

2. A Borough representative and designated Union member shall meet periodically to discuss safety rules and health conditions and recommend to the Borough all the necessary provisions to ensure the safe use and operation of all tools, equipment and work sites.

3. In the event of, or in anticipation of, a natural or man-made disaster, a State of Emergency may be declared by the Governor of New Jersey or locally by the Morris County Emergency Management Coordinator or by the Emergency Management Coordinator of the Borough of Lincoln Park. The declaration of a State of Emergency may also include travel restrictions or a “Travel Ban.”


In such instances where travel restrictions or Travel Bans are imposed, non-essential clerical employees will not be required to report to work or, they will be permitted to leave work early, depending on the circumstances and timing of the declaration. Said non-essential clerical employees shall be fully compensated and not required to utilize personal or vacation hours. Notification to members shall be made by their respective Department Heads in such instances.

Notwithstanding the foregoing, the Mayor or Borough Administrator may, in the interest of safety, and at their sole discretion, order that Borough Hall be closed in the absence of a declared State of Emergency and/or Travel Ban.

In such instances, non-essential clerical employees will not be required to report to work or they will be permitted to leave work early, depending on the circumstances and timing of the declaration. Said non-essential clerical employees shall be fully compensated and not required to utilize personal or vacation hours.

D. Standards for Borough Vehicles and Equipment:
The Borough may delineate strict standards for Borough vehicles and equipment. The Union shall attempt to disseminate, educate and otherwise attempt to instill the employees with a recognition of safety regulations and practices.

A. When an employee covered under this Agreement suffers a work-connected injury or disability, the Borough shall continue such employee at full pay for twelve (12) months during the continuance of such employee’s inability to work. During this period of time, all temporary disability benefits accruing under the provisions of the Worker’s Compensation Act shall be paid over to the Borough.

B. After the twelve (12) months period, the Borough will continue to provide full pay until a final judgment is made by the State Workmen’s Compensation Board.

C. The injured employee shall be required to present evidence by a certificate of a responsible physician that he is unable to work and the Borough may reasonably require the said injured employee to present such certificates from time to time.

D. In the event the employee contends that he is entitled to a period of disability beyond the period established by the treating physician, or a physician employed by the Borough or by its insurance carrier, then, and in that event, the burden shall be on the employee to establish such additional period of disability by obtaining a judgment in the Division of Worker’s Compensation, or by the final decision of the last review court which shall be binding upon the parties. If the review is found in the employee’s favor, all sick time will be credited back to the employee.

E. For the purpose of this Article, injury or illness incurred while the employee is working in any Borough authorized activity shall be considered in the line of duty, in keeping with State Law or applicable court decisions.

F. In the event a dispute arises as to whether an absence shall be computed or designated as sick leave or as an injury on duty, or as to the extent of temporary disability, the parties agree to be bound by the decision of an appropriate Worker’s Compensation judgment, or, if there is an appeal therefrom, the final decision of the last reviewing court.

A. Accredited representatives of the Union may enter the Borough facilities or premises at reasonable hours for the purpose of briefly observing conditions and assisting in the adjustment of grievances. When the Union desires to have its representatives enter the Borough facilities or premises, it shall give prior notice thereof to the appropriate Borough representative and the Union representative shall not be reasonably denied access to the premises. There shall be no interference with the normal operations of the business of the Borough government or the normal duties of employees. There shall be no Union business transacted nor meetings held on the Borough time.

B. The Union shall notify the Borough of the officers and stewards representing the Union in connection with the terms and provisions of this Agreement. A steward, upon prior notice to and approval by his/her immediate supervisor, may investigate a grievance during working hours without loss of pay. Such approval by the superior shall not be unreasonably denied.

The Borough shall permit the Union the use of one bulletin board for the purpose of posting notices, communications or other information in connection with the Union and its activities. Such postings shall be initialed by a Union representative and shall not be of an unreasonable nature. A copy of all postings shall be submitted to the Borough Administrator.

The size and location of the bulletin board shall be agreed on by both the Borough and the Union.

Employees subject to this Agreement may be granted a leave of absence according to the applicable Civil Service Rules for the State of New Jersey, Title 4A, Chapter 6, as they may be amended from time to time.

ARTICLE 25
PERSONAL LEAVE

Twenty-one (21) non-cumulative paid personal hours shall be granted annually to each full-time Clerical employee. Such personal hours may be taken on any date approved by the Department Head, with twelve (12) hours advanced notice, unless in case of an emergency. If such days are not used by January 1 of the following year, they shall be forfeited.

Personal leave for members may be taken in segments of at least one (1) hour upon approval by the Department Head, and shall not be unreasonably denied.

ARTICLE 26
VOLUNTEER FIRE OR FIRST AID SQUAD DUTY

Employees who are members of the Lincoln Park volunteer fire companies or the first aid squad, upon being summoned to an emergency call in response to a fire alarm, radio dispatch or telephone call shall be excused from their work duties during regular work hours with no loss of pay until the emergency has ended, provided however, that in the judgment of the supervisor at a work site, the employee’s absence will not result in a public safety detriment.

ARTICLE 27
USE OF PRIVATE VEHICLES

Any employee, who is requested by the Borough to use his/her personal vehicle in the performance of his/her work, shall receive reimbursement equal to the IRS standard mileage rate for business travel to cover the cost of maintenance and operation.

ARTICLE 28
MUTUAL RESPECT CLAUSE

The Borough and Union agree that on-the-job relationships between management and other employees shall be based on mutual respect, within the prerogatives established under Article 5, “Management Rights”.

ARTICLE 29
WORK IN HIGHER CLASSIFICATION

A. If an employee is assigned to a higher job classification for more than one (1) week due to a position vacancy or an employee’s extended illness or injury, said employee shall be placed at the bottom scaling of the higher classification resulting in a pay increase until the vacancy is filled or an absent employee returns to work. Any clerical personnel who is assigned to work in a higher job classification, will receive additional compensation of $300.00 a week.

B. Any employee assigned to perform the duties of an absent employee due to a job vacancy, extended illness or injury, or other circumstance for more than one (1) week shall be compensated an additional $300 per week or prorated to $60 dollars per day until the employee ceases performing the additional job duties. An employee would be eligible for the aforementioned additional compensation even if covering the duties of an absent employee in the same or a lower job classification.

The Borough shall grant up to an aggregate of five (5) paid days of leave every two years to be distributed among members of the bargaining unit to attend Union conventions or seminars. Such leave shall be requested in advance and shall not be unreasonably denied by the Borough Administrator.
ARTICLE 31
CONTINUATION CLAUSE

Subject to the Public Employment Relations Act, the Union and Borough agree that all contract terms shall remain in full force and effect after expiration of the contract; and the contract may be terminated thereafter by either the Union or the Borough only in accordance with the notification procedures mandated by the Public Employment Relations Commission.

ARTICLE 32
FULLY BARGAINED PROVISIONS

A. This Agreement represents and incorporates the complete and final understanding and settlement by the parties of all bargainable issues, which were or could have been the subject of negotiations. During the term of this Agreement, negotiations shall not be initiated with respect to any such matter whether or not covered by this agreement, and whether or not within knowledge or contemplation of either or both parties at the time they negotiated or signed this Agreement, unless both Union and the Borough mutually consent in writing to the reopening of negotiations concerning the specified matter(s).

B. This Agreement shall not be modified in whole or in part by the parties except by an instrument in writing duly executed by both parties.

A. It is understood and agreed that if any provision of this Agreement or the application of the Agreement to any person or circumstance shall be held invalid, by operation of law or by a court or other tribunal of competent jurisdiction, such provision shall be inoperative and the remainder of this Agreement shall continue in full force and effect.

B. If any such provisions are so invalid, the Borough and the Union will meet for the purpose of negotiating changes made necessary by applicable law.

ARTICLE 34
TERM AND RENEWAL

This Agreement shall be in full force and effect retroactively as of January 1, 2022 and shall remain in effect to and including December 31, 2026. This Agreement shall continue in full force and effect from year to year thereafter, unless one party or the other gives notice in writing, no sooner than one hundred and fifty (150) days, nor later than ninety (90) days prior to the expiration date of this Agreement of a desire to change, modify or terminate this Agreement.

IN WITNESS WHEREOF, the parties hereto have hereunto set their hand and seals at the Borough of Lincoln Park, New Jersey on this ________ day of __________, 2022.

ATTEST: Courtney Fitzpatrick, Borough Clerk	BOROUGH OF LINCOLN PARK David A. Runfeldt, Mayor
	Perry Mayers, Administrator
ATTEST:	UNITED SERVICE WORKERS UNION LOCAL 74
[Print Name and Title below Signature]	Alvin Salcedo, Business Representative
	Judy Waters, Shop Steward