AGREEMENT
BETWEEN
THE COUNTY OF HUDSON
-and-
UNITED NURSES ORGANIZATION/1199J
July 1, 2001 through June 30, 2006
G:\Contracts\2001\Hudson Cty and UNO NUHHCE Dist 1199J 2001.wpd
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TABLE OF CONTENTS
ARTICLE PAGE
INTRODUCTORY STATEMENT . . . . . . . . . . . . . . . . . . . 2
I UNION RECOGNITION . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
II PLEDGE AGAINST DISCRIMINATION AND
COERCION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
III UNION NOTIFICATION . . . . . . . . . . . . . . . . . . . . . . . . . . 5
IV DUES CHECK OFF . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
V SENIORITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
VI TEMPORARY STATUS . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
VII VACANCIES AND NEWLY CREATED POSITIONS . . . 11
VIII TEMPORARY ASSIGNMENTS . . . . . . . . . . . . . . . . . . . . 14
IX HOURS OF DUTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
X PERSONNEL NOTIFICATION . . . . . . . . . . . . . . . . . . . . . 20
XI EVALUATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
XII OVERTIME . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
XIII SALARIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
XIV OUT OF TITLE WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
XV CALL IN TIME . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
XVI MEAL PERIODS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
XVII SHIFT PAY DIFFERENTIAL . . . . . . . . . . . . . . . . . . . . . . . 29
XVIII HAZARD PAY DIFFERENTIAL . . . . . . . . . . . . . . . . . . . . 30
XIX HOLIDAYS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
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XX VACATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
XXI PERSONAL DAYS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
XXII PROFESSIONAL DAYS . . . . . . . . . . . . . . . . . . . . . . . . . . 37
XXIII SICK LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
XXIV LEAVES OF ABSENCE . . . . . . . . . . . . . . . . . . . . . . . . . . 42
XXV BEREAVEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
XXVI INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
XXVII PRESCRIPTION DRUG PLAN . . . . . . . . . . . . . . . . . . . . . 46
XXVIII UNIFORM ALLOWANCE . . . . . . . . . . . . . . . . . . . . . . . . . 47
XXIX PENSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
XXX SEPARATION BENEFITS . . . . . . . . . . . . . . . . . . . . . . . . . 49
XXXI CONVENTION ATTENDANCE . . . . . . . . . . . . . . . . . . . . 51
XXXII CONTINUING EDUCATION . . . . . . . . . . . . . . . . . . . . . . 52
XXXIII BULLETIN BOARD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
XXXIV APPLICABLE LAWS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
XXXV DISCIPLINARY ACTION . . . . . . . . . . . . . . . . . . . . . . . . . .59
XXXVI GRIEVANCE PROCEDURE . . . . . . . . . . . . . . . . . . . . . . . .
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XXXVII CHANGES, SUPPLEMENTS OR ALTERATIONS............ 64
XXXVIII UNION RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
XXXIX MANAGEMENT RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . 66
XL MISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
XLI UNEMPLOYMENT INSURANCE . . . . . . . . . . . . . . . . . . 69
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XLII NON-PROFESSIONAL DUTIES . . . . . . . . . . . . . . . . . . . . 70
XLIII SAFETY & HEALTH COMMITTEE PROFESSIONAL
PRACTICES COMMITTEE . . . . . . . . . . . . . . . . . . . . . . . . 71
XLIV PAST PRACTICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
XLV UNION VISITATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
XLVI HIRING RATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
XLVII PROVISIONAL EMPLOYEES . . . . . . . . . . . . . . . . . . . . . . 76
XLVIII SAVINGS CLAUSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
XLIX DURATION OF AGREEMENT . . . . . . . . . . . . . . . . . . . . . 78
L RESIGNATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
APPENDIX A LONGEVITY PROGRAM . . . . . . . . . . . . . . . . . . . . . . . . . 80
SIGNATURE PAGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
SCHEDULE A WAGE GUIDE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
1
THIS AGREEMENT, dated , 2002 is entered
into by and between the COUNTY OF HUDSON, hereinafter known and designated as the
“COUNTY” and the members of the UNITED NURSES ORGANIZATION/1199J,
NATIONAL UNION OF HOSPITAL AND HEALTH CARE EMPLOYEES/AFSCME –
AFL-CIO, hereinafter known and designated as the “Union”.
INTRODUCTORY STATEMENT
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The within Agreement is made to effectuate the policy of the “New Jersey Employer
Employee Relations Act” as amended, N.J.S.A. 34: 13A-1et seq., and to formalize
agreements reached through negotiations conducted in good faith between the County and
the Union with respect to terms and conditions of employment.
W I T N E S S E T H:
“WHEREAS, said parties have as their purpose the promotion of
harmonious relations between the County and the Union, the
mutual concern for patient care, the establishment of an equitable,
peaceful and speedy procedure for the resolution of differences and
to the end that continuous and efficient services will be rendered,
this Agreement is created.”
NOW, THEREFORE, in consideration of the mutual covenants
herein contained, the parties here to agree as follows:
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ARTICLE I
UNION RECOGNITION
Section 1. This County hereby recognizes the Union as the sole and exclusive
representative of all licensed practical nurses including senior practical nurses and all
registered nurses, including graduate nurses and head nurses and nurses with appropriate
certifications in tuberculosis case management, infection control and psychiatric care
employed by the County of Hudson, excluding the Director of Nursing, Assistant Director
of Nursing, and Nursing Supervisors.
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ARTICLE II
PLEDGE AGAINST DISCRIMINATION AND COERCION
Section 1. The provisions of this Agreement shall be applied equally to all
Employees, without discrimination as to age, sex, marital status, race, color, creed, national
origin, sexual orientation, perceived sexual orientation, disability, perceived disability,
affectation or political affiliation
Section 2. The Union agrees not to interfere with the rights of Employees not to
become members of the Union. There shall be no discrimination, interference, restraint or
coercion by the Union, or by the Union’s representatives against any employee because of
nonmembership in the Union.
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ARTICLE III
UNION NOTIFICATION
Section 1. The Union shall be notified at the hospital’s earliest convenience of
proposed new rules and modifications of existing rules governing working conditions.
Section 2. The County agrees to notify the Union of all newly hired employees,
their addresses, and salaries, and to forward the names of terminated employees and
employees granted leaves of absence.
The notice provisions of this section are only applicable to those titles and/or
positions that are covered by this Bargaining Unit Agreement.
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ARTICLE IV
DUES CHECK OFF
Section 1. The County agrees to deduct Union membership dues twice monthly
from the salary of those employees who individually request in writing that such deductions
be made. The amounts to be deducted shall be certified to the County by the Treasurer of
the Union, and the aggregate deductions of all employees shall be remitted together with an
itemized statement to the Treasurer by the 15th of the current month, after such deductions
are made.
Section 2. Any written designation to terminate authorization for checkoff must
be received in writing by the County and the Union by July 1 or January 1 and filing of notice
of withdrawal shall be effective to stop deductions as of January 1 or July 1 next succeeding
the date on which notice of withdrawal is filed.
Section 3. Employees who return from leave of absence shall be restored to dues
deduction automatically, as if they were on dues deduction previous to their leave.
Section 4. Agency Shop.
A. Upon the request of the Union, the County shall deduct a
representation fee from the wages of each employee who is not a member of
the Union but in a title and/or position otherwise covered by this Bargaining
Unit Agreement.
B. These deductions shall commence thirty (30) days after the beginning
of employment in the unit or ten (10) days after reentry into the unit.
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C. The amount of said representation fee shall be certified to the County
by the Union, to comply with N.J.S.A. 34:13A-5.5(b), which amount shall
not exceed 85% of the regular membership dues, fees and assessments
charged by the Union to its own members.
D. The Union agrees to indemnify and hold the County harmless against
any liability, cause of action, or claims of loss, whatsoever, arising as a result
of said deductions.
E. The County shall remit the amounts deducted to the Union monthly,
on or before the 15th of the month following the month in which such
deductions were made.
F. The Union shall establish and maintain at all times a demand and
return system as provided by N.J.S.A. 34:13A-5.5 (c) and 5.6 and
membership in the Union shall be available to all employees in the unit on an
equal basis at all times. In the event the Union fails to maintain such a
system, or if membership is not so available, the County shall immediately
cease making said deductions.
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ARTICLE V
SENIORITY
Section 1. Definition.
A. Bargaining unit seniority is defined as the length of time an employee
has been continuously employed in any capacity in the County.
B. Classification seniority shall be defined as the length of time an
employee has worked continuously in a specific job classification, within the
County, and within the employees Department.
Section 2. Seniority is understood to be interpreted and applied in accordance
with the New Jersey Department of Personnel Statutes, Rules and Regulations.
Section 3. Loss of Seniority
An employee’s seniority shall be lost when he/she:
A. Voluntarily resigns.
B. Is discharged for just cause.
C. Willfully exceeds an official leave of absence.
D. Is laid off for a period of one (1) year, or a period as provided for by
Civil Service rules and regulations, whichever is greater.
E. Fails to return to work on a recall from layoff, within five (5) calendar
days of the date of receipt of the notice of certification for recall, or within ten
(10) days of the mailing of the certification of recall, to the employee’s last
known address, unless the employee has a valid reason for inability to
respond.
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F. Is absent for five (5) consecutive days without prior notice or prior
authorization, or fails to return to work within five (5) days of the conclusion
of an authorized leave of absence.
Section 4. For the purposes of this contract section only, Bargaining Unit
Seniority shall prevail at all times in connection with vacation and holidays.
Section 5. All things being equal, classification seniority shall prevail in making
assignments, supervision and Head Nurse relief and to shifts.
Section 6. For purposes of definition, in all cases where Civil Service Law does
not pertain, seniority shall begin from the first day of employment as to Bargaining Unit
seniority and from the first day in title as to classification seniority.
Section 7. In cases of equal seniority, preference will be given to qualified
veterans before non-veterans.
Section 8. Full time nurses shall have seniority over part-time nurses with regard
to vacations and holidays.
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ARTICLE VI
TEMPORARY STATUS
Section 1. Part-time nurse shall mean any nurse working less than forty (40)
hours in one week.
Section 2. Benefits for part-time personnel shall be prorated, i.e., vacation, sick
leave, differential holidays, and uniform allowance. This Article shall apply to personnel
who work twenty (20) or more hours weekly. This Article shall not apply to nurses hired on
a per diem basis.
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ARTICLE VII
VACANCIES AND NEWLY-CREATED POSITIONS
Section 1. Vacancies and newly created positions will be posted on all bulletin
boards in all work locations where Bargaining Unit employees are assigned.
A. Only employees who are qualified for the vacant or newly created
positions will be considered. The County will determine employees’
qualifications and appoint the employee(s) the County deems most qualified
to hold the position(s).
B. In cases where qualified employees’ qualifications are deemed by the
County to be equal, employees will be appointed in order of seniority as
defined in this collective negotiations agreement.
C. Vacancy and newly created position notices will be displayed for five
(5) business days. These notices shall include the necessary qualifications for
the position.
D. Employees who desire to respond to such a notice shall submit written
applications to the County Personnel Department not later than five (5)
calendar days after the final day of posting.
E. Employees may bid on available vacancies in non-union titles and
titles contained in other bargaining units. Vacancy notices will be displayed
on all bulletin boards in work locations where employees represented by this
bargaining unit are assigned, unless such posting is prohibited by the
County’s collective negotiations agreement(s) with the union(s) that
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represent(s) the vacant position(s). i. Only employees who are
qualified for the vacant positions will be considered.
ii. The County will determine employees’ qualifications, and
appoint the person the County deems most qualified to hold the
position (s).
iii. Employees eligibility for positions represented by other
unions is subject to any limitations contained in the other unions’
contracts and/or contained in any practice established under the other
unions’ contracts.
iv. Vacancy notices will be displayed for five (5) business days
unless otherwise provided for in the contract of the union that
represents the posted position.
v. Employees shall not be permitted to bid on vacancies in
positions in the unclassified service for which approval of the Board
of Chosen Freeholders for appointment is required by law; on
vacancies in non-negotiating unit positions in Judiciary or in the
Offices of the Sheriff, Prosecutor, Register, County Clerk, Surrogate
or any constitutional officer; or, on vacancies in positions in any
independent authority or agency.
Section 2.A. When a promotional vacancy in a collective negotiations unit position
occurs, the Employer shall post notices of the promotional vacancy on the bulletin board it
normally uses for notices to the subject Collective Bargaining unit employees for a period
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of five (5) business days. The posting period may be less than five (5) days when a shorter
period is necessary.
B. An employee who is promoted shall serve the same probationary
period on the new job as a new hire. If he/she is removed from the new job during the
probationary period, he/she shall be returned to his/her former job, without loss of seniority
or other benefits. This provision is not applicable when disciplinary action is involved.
Section 3. The above sections are not applicable in those cases when a Civil
Service announcement, i.e. an announcement issued by the New Jersey Department of
Personnel is made for any positions or titles.
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ARTICLE VIII
TEMPORARY ASSIGNMENTS
Section 1. Where practical and possible, employees will be assigned to the shift
of their choice.
Section 2. In the absence of a Supervisor or Head Nurse for a whole work day
the Charge Nurse designation will be given to the most senior on-duty Graduate Nurse
assigned to the unit when all nurses’ qualifications are equal.
Section 3. Charge Nurses shall be paid a stipend of $.60 per hour for the time
served in that capacity pursuant to Section 2.
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ARTICLE IX
HOURS OF DUTY
Section 1. The two-week pay period shall begin on Saturday and end on Friday
and consist of ten (10) work days and four (4) days off beginning on Saturday and ending on
Friday.
Section 2. Nurses shall have every other weekend off. Nurses not desiring
weekends off will be accommodated, if possible. Where possible, nurses shall have two
consecutive days off each week.
Section 3. Work schedules shall be posted at least two (2) weeks in advance.
Changes thereafter shall be kept at a minimum and no change shall be made without
sufficient prior notice to the affected nurse to make necessary personal adjustment.
Section 4. Lateness between 1 and 14 minutes will be docked for 15 minutes.
15 minutes to 29 minutes for 30 minutes.
30 minutes to 44 minutes for 45 minutes
45 minutes to 60 minutes for 60 minutes.
Lateness of more than 60 minutes will be docked 60 minutes plus one minute’s pay
for each minute late in excess of 60
Section 5. Hours:
OUTPATIENT CLINICS
Meadowview
9:00 a.m. to 4:00 p.m.
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NURSING SERVICES
Meadowview Youth House
7:00 a.m. to 3:00 p.m. 7:00 a.m. to 3:00 p.m.
3:00 p.m. to 11:00 p.m. 3:00 p.m. to 11:00 p.m.
11:00 p.m. to 7:00 a.m
Chest Clinic Hudson County Correctional Facility
7:00 a.m. to 3:00 p.m. 8:00 a.m. to 4:00 p.m.
8:00 a.m. to 4:00 p.m. 4:00 p.m. to 12 Midnight
12 Midnight to 8:00 a.m.
B. The overtime rate will be computed from ten (10) minutes past the
change of the shift. In order to permit continuity of patient care and
to allow nurses who are going off duty adequate time to give a verbal
report to nurses coming on duty about patient care information,
nurses going off duty will be required on duty for up to ten (10)
minutes beyond the end of their shift without being eligible for
overtime or other monetary compensation
Section 6. Flex Time
A. The County shall have the right to determine the regular work schedule of
individual employees. Such a regular work schedule may include consecutive work days and
may include Saturday and Sunday and afternoon and evening work hours. The County
reserves the sole right to schedule an individual employee’s work day/week. Employees
shall be scheduled to receive at least two consecutive days off duty unless the employee
volunteers to accept a work schedule with non-consecutive days off.
B. In the event the County exercises its discretion as set forth in paragraph 1
hereof, employees shall be assigned to work the designated schedule in accordance with the
following formula applied on a department or unit basis, as the case may be:
17
B.1. The County shall first request volunteers in the required job classification, if
more than one person is in the classification, from among employees in the relevant
department or unit, who shall be assigned to designated schedule.
B.2. Upon failing to secure sufficient volunteers to work the designated schedule,
assignment to such schedule shall be mandatory for all employees covered by this contract
hired on or after July 1, 1998 in the relevant department and/or unit in the required job
classification being assigned to the designated work shift.
B.3. Upon the hiring of a new employee in the job classification, said
employee, being the least senior in the department and/or unit in the job classification
affected, shall be first assigned to the work schedule mandatorily occupied by a more
senior employee in the same job classification in the relevant department and/or unit.
B.4. Aside from the initial effect of a new hire into the department and/or unit
provided for in subsection (B.3) above, there shall be no bumping with respect to work
schedules.
B.5. The assignment of work schedules shall be reviewed periodically for the
purpose of identifying the availability of employees in a department or unit to work a
designated schedule on a voluntary basis.
B.6. Notwithstanding the foregoing, work schedules in effect as of July 1, 1996,
may be maintained without the need for the County to utilize the procedures in
subparagraphs A-B.5, above.
C. The County will undertake reasonable efforts to assure supervision of those
employees assigned to a work schedule during those periods of work outside the regular
work day, provided that nothing here shall be deemed to detract from or otherwise waive the
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County’s right to establish and determine the level of need for supervision of the work force.
D. The County will undertake reasonable efforts, if necessary, to provide security
measures for employees whose work schedule is changed.
E. The County shall provide notice to the Union and the affected employee at
least thirty (30) calendar days prior to the implementation of a change in the work schedule.
The County may change an employee’s work schedule on less than thirty (30) calendar days’
notice; however, in such an instance, the affected employee shall receive an extra personal
day for that year only. An employee who is changed to a work schedule and then returned
to his/her original work schedule on less than thirty (30) calendar days’ notice shall receive
only one extra personal day to cover both the change to the new schedule and the return to
the original schedule.
F. An employee may request a change in his or her work schedule. Permission
to work the requested schedule shall be at the sole discretion of the County.
G. The County agrees to undertake reasonable efforts to ascertain the availability
of parking for those employees whose schedule is changed.
H. If requested, the County shall meet with the affected employees and their
Union representative for the purpose of explaining the change in the work schedule.
I. If an employee works a schedule that requires that the employee work prior
to 6AM on certain days, or end work after 7PM on certain days, the employee shall receive
a pro-rated shift differential. The pro-ration shall be based upon the proportion of work days
per week the employee begins work before 6AM or ends work after 7PM. For example, an
19
employee who begins work before 6AM on two days out of a five day workweek shall
receive a differential equal to 2/5 of $1,450.00
J. If an employee works a shift differential eligible schedule for only a portion
of a calendar year, the employees shift differential shall be pro-rated accordingly. This proration
shall be in addition to the pro-rating described in paragraph I, above.
K. The employee’s entitlement to a shift differential, and the amount of the
differential, shall be re-computed whenever the employee’s work schedule is changed by the
County.
L. No shift shall exceed 16 hours and the unit employee shall work 40 hours per
week.
M. For purposes of calculating time off, all time shall be converted to hours, e.g.
one sixteen (16) hour shift would equal two eight hour sick days or two eight hour vacation
days or two eight hour personal days, etc.
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ARTICLE X
PERSONNEL NOTIFICATION
Section 1. All employees are required to make available to the Personnel
Department their home address and phone number to be maintained on a confidential basis.
Section 2. Nurses are required to call in to inform the Nursing Service of
anticipated sick leave at least two (2) hours in advance, except for good cause.
21
ARTICLE XI
EVALUATIONS
Employees may inspect their personnel file in the presence of the Director of Nursing
or his/her designee. An employee’s evaluation shall be reviewed with the employee and the
employee shall have the opportunity of recording his or her comments on the evaluation
before it is placed in the personnel file.
22
ARTICLE XII
OVERTIME
Section 1. Overtime work must be work authorized by the County.
Section 2. Overtime shall be computed based on hours in excess of forty (40)
hours per week. Authorized hours in excess of forty (40) hours shall be paid at the rate of
time and one-half.
Section 3. Where possible, overtime work shall be first offered to regularly
employed nurses in the section where overtime arises.
Section 4. Overtime work shall be distributed equally within the title whenever
practicable. Records shall be kept by the Nursing Services Section and/or the Payroll Section
and may be reviewed by the Union at reasonable times.
Section 5. The overtime rate will be computed from ten (10) minutes past the
change of the shift. In order to permit continuity of patient care and to allow nurses who are
going off duty adequate time to give a verbal report to nurses coming on duty about patient
care information, nurses going off duty will be required on duty for up to ten (10) minutes
beyond the end of their shift without being eligible for overtime or other monetary
compensation.
Nurses going off duty who give the required verbal report to the shift coming on duty,
in less than ten (10) minutes, as noted above, will be permitted to leave work.
Section 6. The overtime shall be paid no later than the close of the period
following the pay period in which the overtime is worked.
Section 7. Any employee requested to work on a scheduled vacation or scheduled
day off shall receive overtime pay.
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Section 8. If an employee is out sick during the work week and makes use of sick
days for which he or she is eligible, the sick day hours shall be counted as hours worked for
the purpose of computing overtime.
24
ARTICLE XIII
SALARIES
Section (a). Effective and retroactive to July 1, 2001 employees in the employ of
the County on the date of the Memorandum of Understanding shall receive a three percent
(3%) increase on the base annual salaries they were earning as of June 30, 2001.
Section (b). Effective July 1, 2002 employees in the employ of the County shall
receive a three percent (3%) increase on the annual base salaries they are earning as of June
30, 2002.
Section (c). Effective July 1, 2003 employees in the employ of the County shall
receive a three percent (3%) increase on the annual base salaries they are earning as of June
30, 2003.
Section (d). Effective July 1, 2004 employees in the employ of the County shall
receive a three and one half percent (3.5%) increase on the annual base salaries they are
earning as of June 30, 2004.
Section (e). Effective July 1, 2005 employees in the employ of the County shall
receive a three and one half percent (3.5%) increase on the annual base salaries they are
earning as of June 30, 2005.
Section (f) Direct deposit of employee checks is available. No checks will be
issued prior to regularly-scheduled pay days. Information on direct deposit is available from
payroll clerks.
Section (g). Only employees on the active payroll as of October 30, 2001 or those
or those who retire or are laid off between June 30, 2001 and October 30, 2001, the date of
the memorandum of agreement, will receive a retroactive payment.
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Section (h). Minimum salaries will be increased by the negotiated percentages on
July 1 of each year of this agreement.
Section (i). MILEAGE REIMBURSEMENT
Effective upon ratification of this agreement, the County will pay a mileage
reimbursement of $.25 per mile for the use of a bargaining unit employee's personal vehicle
while performing official business on behalf of the County.
Section (j). Any promotion shall result in a salary increase of at least 5 percent
including the adjustment on step, or the minimum of the scale, whichever is greater.
Section (k) Anniversary Dates
For the years of service in title, the increase shall be granted on January 1 and July
1 following the employee going into the title.
Section (l). Salary Lag
Salaries for current employees and newly-hired employees shall be paid bi-weekly
on a two week lagging basis, with the employee's paycheck to be issued two weeks after the
closing date of the pay period. Subject to adjustment due to unpaid absences, bi-weekly pay
shall be computed by dividing the employee's regular annual salary by the number of pay
periods in the then-current calendar year.
26
ARTICLE XIV
OUT OF TITLE WORK
Section 1. If an employee is required and authorized by the County to work out
of title for one (1) full day, said employee shall be paid at the higher rate of pay beginning
with the second day of the assignment to the out-of-title work.
27
ARTICLE XV
CALL IN TIME
Section 1. Any employee who is requested and returns to work during periods
other than his/her regularly scheduled shift shall be guaranteed not less than four (4) hours’
pay.
28
ARTICLE XVI
MEAL PERIODS
Section 1. All employees covered by this Agreement shall receive a one (1) hour
meal period.
Section 2. The meal period shall be scheduled as close to the middle of the shift
as possible.
Section 3. The existing practice of the County with respect to supplying meals
for employees shall continue for the duration of the contract.
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ARTICLE XVII
SHIFT PAY DIFFERENTIAL
Section 1. Nurses shall receive the following annual shift pay differential:
REGISTERED NURSES
Second Shift: $1,450/year
Third Shift: $1,750/year
PRACTICAL NURSES
Second Shift: $1,150/year
Third Shift: $1,350/year
Section 2. Employees who work the second shift at Meadowview Psychiatric
Hospital will earn a differential of $1,750.00 per year for RNS and $1,350.00 per year for
LPNs and will continue to receive that differential for as long as they continue on that shift.
30
ARTICLE XVIII
HAZARD PAY DIFFERENTIAL
Effective 7/1/1998, all nurses assigned to work in the County Jail, the Youth House,
Meadowview Psychiatric Hospital and the TB Clinic shall receive a four hundred dollar
($400) annual differential.
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ARTICLE XIX
HOLIDAYS
Section 1. The following days shall be recognized as paid holidays:
New Year’s Day Labor Day
Martin Luther King’s Birthday Columbus Day
Lincoln’s Birthday Veteran’s Day
President’s Day Election Day
Good Friday Thanksgiving Day
Memorial Day Christmas Day
Independence Day
Section 2. If an employee works on one of the above noted holidays, he shall
receive compensatory time off computed at time and one-half, or in the alternative, at the
option of the County, he shall receive one day’s pay at the rate of time and one-half for each
such day, in excess of his regular daily rate of pay. When possible such compensatory time
shall be taken during the pay period immediately preceding, within or immediately following
the holiday pay period. Section 3. In addition to the holidays listed above and in
the event any day is declared a holiday by County action then that day shall be deemed a
holiday by the Employer. When such holidays are worked, the nurse shall receive
compensatory time off computed at time and one-half, or in the alternative, at the option of
the County, the employee shall receive one day’s pay at the rate of time and one-half for each
such day in excess of the regular daily rate of pay.
Section 4. If an employee is not satisfied with the assigned compensatory time
off, when required to work on a holiday, the request for change of the compensatory time can
be made to the appropriate nursing administrator and, where feasible, such change shall be
granted.
ARTICLE XX
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VACATION
Section 1. All nurses shall receive a vacation allowance as follows:
1st year of employment – one (1) day per month up to
September 30th of the first year.
Beginning the second calendar year of employment
through the fifth calendar year – twelve (12) working
days.
Beginning the sixth calendar year of employment
through the tenth calendar year – fifteen (15) working
days.
Beginning the eleventh calendar year of employment
through the twenty-fourth calendar year –twenty (20)
working days.
Beginning the twenty-fifth calendar year – twenty-five
(25) working days.
Beginning the twenty-sixth calendar year – twenty-six
(26) working days.
Beginning the twenty-seventh calendar year- twentyseven
(27) working days.
Beginning the twenty-eighth calendar year- twentyeight
(28) working days.
Beginning the twenty-ninth calendar year – twentynine
(29) working days.
Beginning the thirtieth calendar year and thereafter –
thirty (30) working days.
Effective January 1, 2002:
Beginning the second calendar year through the fifth calendar yeartwelve
(12) working days.
Beginning the sixth calendar year through the tenth calendar yearfifteen
(15) working days.
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Section 2. All nurses, if they so desire, will be entitled to ten (10) working days
during the summer period – June 15 to September 15.
Section 3. A nurse may request more than ten (10) consecutive days during the
summer vacation period and, where the schedule permits, every effort will be made to grant
such request.
Section 4. Requests for vacation in Prime Time (June 15 – September 15) must
be made in writing by March 15 to the Department Director or Designee. The Department
Director or Designee must notify the nurse in writing by April 15 as to whether the requested
vacation is approved or denied.
Section 5. Vacation schedules shall be established taking into account the wishes
and the needs of the County. Where there is a conflict in choice of vacation time among
employees, classification seniority shall prevail.
Section 6. All vacation leave, except as noted in Section 4 above, must be
requested in writing by the employee to the Department Director or designee at least 30 days
in advance. In cases of emergency, vacation requests may be granted with less than 30 days’
notice. Unless good cause is shown, the County shall respond to the employee’s Vacation
request within thirty (30) days after the deadline or deadlines established by the County for
submission of vacation requests.
Section 7. The vacation eligibility year shall be the calendar year. If, during any
part of the calendar year, an employee reaches a new vacation plateau, he/she will get the
total vacation set forth for that new plateau.
Section 8. Vacation leave must be taken in the calendar year in which it is earned.
Vacation leave not taken in the calendar year is forfeited. The only exception to this policy
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is if the written vacation request is denied, in writing, by a Department Director for business
reasons and cannot be rescheduled for that year. In such cases, the vacation denied may be
carried over the next succeeding calendar year, but must be scheduled and used in that year
or be forfeited.
Section 9. Continuous service for purposes of vacation leave calculation shall
mean employment with the County of Hudson without actual interruption due to resignation,
retirement or removal. Periods of employment before and after a suspension or leave without
pay shall be considered continuous service. However, the period of time on a suspension or
a leave without pay, except for military leave, shall not be included in calculating years of
continuous service. Employees on a suspension or a leave without pay, except for military
leave, do not earn vacation leave for the period of the leave or suspension.
Section 10. Annual vacation leave is a benefit accrued during the course of the
calendar year in which it is earned. The annual vacation entitlement of an employee whose
employment terminates for any reason during the course of a calendar year shall be pro-rated
accordingly. If the employee utilized more vacation prior to termination of employment than
his or her pro-rated entitlement, the amount of excess vacation pay utilized shall be deducted
from the employee’s last paycheck or otherwise be reimbursed to the County.
Section 11. Employees who regularly work 20 hours or more and less than 40
hours per week shall be entitled to a proportionate amount of paid vacation leave.
Section 12. An employee who exhausts all paid vacation leave in any one calendar
year shall not be credited with additional vacation leave until the beginning of the next
calendar year.
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Section 13. Upon the death of an employee, unused earned vacation leave shall
be paid to the employee’s estate.
Section 14. Vacation leave credits shall not accrue after an employee has resigned
or retired although his or her name is being retained on the payroll until exhaustion of
vacation or other compensatory leave.
Section 15. No part of an employee’s scheduled vacation may be charged to sick
leave.
Section 16. Absences due to established illness, maternity leave or injury up to one
(1) month shall be considered as time worked in determining the amount of vacation pay for
employees.
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ARTICLE XXI
PERSONAL DAYS
Section 1. Employees shall receive two paid personal days per year, earned on
the basis of one paid personal day for each full six months actually worked in the calendar
year. After completion of five years of service, employees shall receive three paid personal
days per year, earned on the basis of one paid personal day for each full four months actually
worked in the calendar year. Employees must be in the employ of the County for one full
year of continuous employment before being entitled to personal days.
Section 2. Requests for personal days shall be made in writing at least 48 hours
in advance and approved by the Nurse’s immediate supervisor in advance of the requested
dates, although personal days may be granted on shorter notice in the event of an emergency.
Section 3. Personal days must be used in the calendar year in which they are
earned. There shall be no carryover, banking or cashing out of personal days if they are left
unused at the end of the calendar year in which they are earned.
Section 4. Employees who resign, retire, are terminated or are laid off in the
course of a calendar year will be compensated for their earned but unused personal days for
that calendar year only. If an employee dies during the course of a calendar year, his or her
earned but unused personal days for that calendar year only will be paid to his or her estate.
Section 5. Employees who regularly work 20 hours or more, but less than 40
hours per week shall be entitled to pro rata amount of personal leave.
37
ARTICLE XXII
PROFESSIONAL DAYS
Section 1. Effective July 1, 1990, each nurse shall receive three (3) paid
professional days per contract year in anticipation of continued employment by the County.
Paid professional days are intended to allow nurses the opportunity to receive paid time off
from work in order to participate in professional training and/or study.
Section 2. Professional days shall be earned on a pro rata basis of one (1) day
every four (4) months of service. In the event of a nurse leaves County employment after
using more professional days than he or she has earned, the nurse will be obligated to
reimburse the County for the value of the excess day(s) taken.
Section 3. Requests for professional days shall be made in writing at least two
(2) weeks in advance and approved in advance of the requested date(s) by the nurse’s
immediate supervisor.
Section 4. Any Bargaining Unit employee hired after May 20, 1998 shall not be
eligible for Professional Days.
38
ARTICLE XXIII
SICK LEAVE
Section 1. Amount of Sick Leave
A. New County employees shall receive one working day for the initial month of
employment if they begin work on the 1st through the 8th day of the calendar month and onehalf
working day if they begin on the 9th through the 23rd day of the month. Employees who
begin to work after the 23rd of the month are not entitled to any sick leave for that month.
After the initial month of employment and up to the end of the first calendar year, employees
shall be credited with one working day for each month of service.
B. After the first calendar year of service, employees shall receive 15 working days
of sick leave at the beginning of each calendar year in anticipation of continued employment.
C. Employees who regularly work 20 hours or more and less than 40 hours per week
shall be entitled to a proportionate amount of paid sick leave.
D. An employee continues earning sick leave from the day of hire and as long as the
employee actually works or is compensated for vacation, personal leave or sick days.
Employees do not earn paid sick days while on a leave of absence without pay or suspension.
E. Sick leave shall not accrue after an employee has resigned or retired although his
or her name is being retained on the payroll until exhaustion of vacation or other
compensatory leave.
F. An employee who exhausts all paid sick leave in any one year shall not be credited
with additional paid sick leave until the beginning of the next calendar year. Employees who
have exhausted their sick leave will be docked for any additional days absent in that calendar
year unless the employee properly requests, and is granted, other benefit time off.
39
G. Unused sick leave shall accumulate from year to year without limit.
H. Employees who leave the County for any reason other than retirement will not be
paid for unused sick days.
I. Employees who leave work because of illness and have no sick time will only be
paid for the hours worked that day.
Section 2. Authorized Uses.
A. Sick leave may be used by employees who are unable to work because of:
1. Personal injury or illness not related to County employment;
2. Exposure to contagious disease not related to County employment;
B. Sick leave may not be used for any purpose other then those outlined in Section
2-A of this Article.
Section 3. Maternity/Paternity Needs.
Employees may use accrued sick leave in cases of the birth of their children.
Verification of the need for the sick leave may be required.
Section 4. Doctor’s Note.
In all instances, employees claiming entitlement to sick leave may be required
to submit a doctor’s note. The note must indicate the medical problem and explicitly excuse
the employee from work on each day absent. Notes that merely indicate that the employee
had a doctor’s visit are not acceptable. Doctor’s notes may be required regardless of the
number of days absent. This is true even if the employee is attending to a seriously ill
immediate family member. In that situation, the employee may be required to supply a note
for the immediate family member’s doctor indicating the degree of illness and the need for
40
the employee’s absence from work each day the employee is absent. Failure to submit
required doctor’s notes to the start of next scheduled workday may result in denial of paid
sick leave and may also result in discipline up to and including discharge.
Section 5. Sick Leave Abuse
Abuse of sick leave or chronic or excessive absenteeism may result in discipline up
to and including discharge. Abuse includes using sick leave when the employee is not ill.
Examples of chronic or excessive absenteeism include situations where employees routinely
use more than the amount of sick time earned in a calendar year or where a pattern of
absences is established. Section 6. Unearned Sick Leave
Annual sick leave is granted at the beginning of each calendar year in anticipation of
continued employment. The annual sick leave entitlement of an employee whose
employment terminates for any reason during the course of a calendar year shall be pro-rated
accordingly. If the employee utilized more sick leave prior to termination of employment
than his or her pro-rated entitlement, the amount of excess sick leave utilized shall be
deducted from the employee’s last paycheck or otherwise be reimbursed to the County.
Section 7. Sick Leave Call-in Procedure
A. An employee who is absent due to illness or injury must notify a supervisor at
least two hours prior to the start of the employee’s regularly-scheduled work day.
B. Employees who fail to timely notify the appropriate supervisor will be denied sick
leave and are subject to discipline.
41
C. The only exception to this call-in procedure is when an employee establishes that
he or she could not call in because of unusual or emergent circumstances.
Section 8. Return to Duty Examination.
Employees who have been on sick leave may be required to be examined by the
County’s Health Services physician, or to bring in a certificate from the employee’s own
physician, in the County’s discretion, before being permitted to return to work. The County
may exercise its authority under this Section solely for the purpose of determining whether
the employee is able to perform job-related functions without posing a direct threat to the
health or safety of the employee or of other individuals in the workplace.
42
ARTICLE XXIV
LEAVES OF ABSENCE
Section 1. Leave of Absence with pay may be granted as follows:
A. If the employee is directed by the Executive Director of the Hospital to attend
school or take courses to increase professional proficiency.
B. If the employee is on jury duty.
Section 2. Leaves of Absence without pay may be granted for good cause to any
permanent employee in accordance with Civil Service Rules and Laws.
Section 3. Leaves of absence may not be arbitrarily or unreasonably withheld.
Nurses granted leave of absence will be assigned to their prior shift and section wherever
possible. Section 4. Childbirth leave without pay for a period of not more than one
(1) year may be granted to any employee for the birth or adoption of a child. The provision
shall be interpreted in accordance with the Civil Rights Act of 1964, as amended, and with
the New Jersey and Federal family leave laws.
Section 5. Any employee called into the Armed Forces of the United States
during National emergency, or drafted, shall be given all the protection of applicable laws
and leave of absence shall be granted.
Section 6. A leave of absence shall be granted without pay for a period not to
exceed one (1) year in order to accept a position with the Union as an officer or
administrative organizer. The employee shall have one (1) or more years' bargaining unit
seniority.
43
ARTICLE XXV
BEREAVEMENT
Section 1. A death in the employee’s immediate family shall not be charged
against his accrued sick leave or compensatory time. Time off shall be given from the date
of death until the day after the funeral, not to exceed five (5) days. Immediate family shall
be defined as follows: Mother, father, son, daughter, sister, brother, husband, wife, motherin-
law, father-in-law, grandparents, grandchildren, sister-in-law, and brother-in-law.
Section 2. Seven days shall be permitted for out-of-state funerals of above
relatives listed in Section 1.
Section 3. Matters of special circumstances involving an extension of leave time
with or without pay may be considered by the County for extending leave time.
Section 4. Bereavement leave shall be defined as leave granted for bereavement
purposes and its use for any other purpose is prohibited.
44
ARTICLE XXVI
INSURANCE
Section 1. Hospitalization. The nurses shall receive fully paid benefits as
provided under the New Jersey State Health Benefits Plan on December 31,1995 for
themselves and their families as applicable.
Section 2. Life Insurance. The County will provide for Life Insurance in the
amount of $5,000.00 and Accidental Death and Dismemberment Insurance in the amount of
$10,000.00 for each nurse.
Section 3. Dental Insurance. The County will provide a basic dental program and
its current level as provided by Delta Dental. The County will implement an employee paid
upgrade in the current dental insurance plan. Such upgrade will be at no expense to the
County. The County will exert its best efforts to assure that employee payments for the
dental upgrade are treated as pre-tax income.
Section 4. Change of Carrier and Self-Insurance Option. For all insurance plans,
the County retains the unilateral right to select the carrier or to self-insure at its discretion
provided there is no reduction in benefits levels. This decision shall not be subject to the
Grievance Procedure set forth in this Agreement.
Periodically, the State Health Benefits Program may change benefits and/or
benefit levels. The County has no input into or control over such changes. However, as a
participating SHBP employer, the County is governed by any such changes. Accordingly,
w h e n
SHBP changes a benefit/ benefit level, the benefit and/or benefit level in this agreement will
b e
adjusted to reflect the change. The County will not be liable for any such change or the
i m p a c t o f
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any such change. In addition no grievance or complaint against the County challenging any
s u c h
change can be processed under the grievance procedures of this agreement or in any court
o f l a w
or administrative agency. This provision does not preclude the Union, an individual
e m p l o y e e o r
the County from filing an appropriate challenge against SHBP for any such change
Section 5. Employees shall be enrolled in the New Jersey State Disability Plan.
Section 6. Insurance Review Committee. The Union agrees to participate in an
insurance review committee made up a representative of each Union to review the possibility
of changing health and medical insurance during the term of this Agreement.
Section 7. Hepatitis. The County agrees to comply with State or Federal laws
pertaining to Hepatitis B vaccinations and post-exposure evaluations for employees.
46
ARTICLE XXVII
PRESCRIPTION DRUG PLAN
Section 1. Effective upon ratification of this agreement, the co-payment for nongeneric
drugs shall be $5.00 and the co-payment for generic drugs will be $1.00 under the
prescription drug insurance program. The program will be applicable to all employees and
their families.
Section 2. The parties agree that the County shall have the unilateral right to
select the insurance carrier and program or to self-insure at its discretion provided there is
no reduction in benefit levels. Any dispute dealing with the selection of the insurance carrier
or programs shall not be subject to the Grievance Procedure.
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ARTICLE XXVIII
UNIFORM ALLOWANCE
Section 1. Effective July 1, 1993, the County shall provide each employee with
a uniform allowance of three hundred ($300.00) dollars to be used for the purchase and
maintenance of uniforms.
Section 2. The uniform allowance shall be issued in a separate check on the
second pay day of January.
Section 3. After six (6) months of employment, employees hired after January
1, 1979 shall receive a pro rata share of the uniform allowance, computed from the date of
hiring, to the next June 30th.
Section 4. Nurses who are on paid or unpaid leaves of absence, but are on the
payroll at the time the uniform allowance is paid, will receive the entire amount of the
uniform allowance. Nurses who are on an unpaid leave of absence at the time the uniform
allowance is paid will receive the allowance upon their return to duty.
Section 5. It is the policy of the County that guidelines for uniforms or other
clothing
items purchased by voucher or allowance by County employees shall require that the
uniforms or
other clothing items be made in the USA, unless a USA-manufactured item is unavailable.
These
guidelines shall also incorporate labor practices in Section B-3 of the policy. Uniforms,
apparel and
other clothing items whose providers, manufacturers or subcontractors fail to adhere to these
practices shall be deemed unacceptable under the uniform or other clothing guidelines
e s t a b l i s h e d
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for any voucher or uniform allowance system
ARTICLE XXIX
PENSION
Section 1. Employees shall receive payments and retirement pursuant to the
provisions of State Law and local ordinances.
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ARTICLE XXX
SEPARATION BENEFITS
Section 1. Employees of this bargaining unit who are separated from employment
shall receive separation benefits as follows if the County cannot schedule the time off prior
to separation from employment:
(a) Prorated vacation time for the year.
(b) All unused prior vacation time.
(c) All unused compensatory time.
(d) Pro-rated Personal Days.
Section 2.A. The County agrees to institute a retirement leave program. Retirement
leave pay shall be calculated at the rate of one day’s pay for each three (3) days of unused
accumulated sick leave. The maximum that may be paid to any one employee on retirement
shall not exceed $5,000.00. Effective January 1, 2002, the maximum retirement leave pay
shall be increased to $10,000.00 for retirements occurring after January 1, 2002 and paid on
the basis of one day’s pay for each two (2) days of unused accumulated sick leave. Should
an employee pass his/her normal date of retirement, but die before actual retirement, the
employee’s estate will receive all terminal leave pay to which the employee was entitled.
Section 3. The County shall pay the cost of health insurance to the extent
permitted by state law for employees who retire with at least 25 years of credited service in
a state or locally administered retirement system, excepting employees who elect deferred
retirement, but including employees who retire on a disability pension based on fewer years
of service, and also including employees who would be eligible for health insurance coverage
50
at the County's expense under any early retirement legislation in effect as of the date this
Agreement is ratified.
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ARTICLE XXXI
CONVENTION ATTENDANCE
The time off provisions currently under Convention Attendance Article XXXI, and
Union Rights, Article XXXIX shall be consolidated so that subject to staffing needs the
amount of time off shall not exceed eighteen (18) days in the aggregate for non-supervisors
during any calendar year.
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ARTICLE XXXII
CONTINUING EDUCATION
Section 1. Whenever authorized all full-time Registered Nurses shall receive
tuition reimbursement as indicated below for all courses taken and passed leading to a BS
or BA Degree in the field of nursing or health. These courses must be taken outside of
working hours. Section 2. All nurses must be employed six (6) months or more
to be eligible for tuition reimbursement.
Section 3. Nurses requested to attend specific educational or professional
programs by the respective institution will receive full salary for this time and will have all
incurred expenses paid in full by the institution.
Section 4. (a) The maximum of five (5) days of paid educational leave to attend
nursing conferences/conventions may be granted at the discretion of the Department
Director. In the event the County seeks to send a nurse or nurses to a conference/convention
then, in that event, all nurses interested shall have an opportunity to attend. Expenses
incurred at these programs are the responsibility of the nurse. The Union shall be notified
of nursing conferences/conventions and be afforded the opportunity to submit names to the
Department Director for consideration. (b) Any bargaining unit employee hired after
May 20, 1998 shall be eligible for eight (8) days.
Section 5. In order to facilitate continuing education, all nurses may be excused
for continuing education programs and receive salary for the day or compensatory time off
upon the approval of the Department Director. The amount of time given for such education
programs shall be determined by Department Director with advice from the in-service
53
instructor/director. A day spent in such program shall be considered to be a full work day
if it is longer than four (4) hours in length.
Section 6. After six (6) months of employment, professional nurses who are
taking college credit courses applicable to a nursing degree will receive tuition
reimbursement as follows: After 6 mo. employment - ½ tuition up to 6 credits
per semester;
After 12 mo. employment - full tuition up to 6 credits per semester.
Section 7.
A. All active, full-time licensed practical nurses shall receive full tuition
reimbursement for all courses taken, and passed, pursuant to becoming registered nurses.
B. The County will provide tuition reimbursement only for course work taken
in conjunction with the registered nursing program. The maximum amount of
reimbursement shall be the tuition charged by the Bayonne School of Nursing for its
program. In order to be eligible for tuition reimbursement, licensed practical nurses must be
accepted into, and be part of, a program not to exceed three years resulting in qualification
to take the state examination for licensure as a registered nurse. No licensed practical nurse
shall receive tuition reimbursement for ad hoc, non-degree related courses taken outside the
parameters of the programs at the school listed above. C. LPN's shall be given
preference under the Flex Time scheduling provided for under Article IX while enrolled in
a RN program. This substitutes for any reference to the 12 and 16-hour shifts in Section 7C
in the previous contract.
D. The County will make all possible effort to accommodate those licensed
practical nurses desiring to participate in the tuition-reimbursement program. However,
54
should problems arise with regard to staffing, the County reserves the right to limit the
number of nurses that can participate. If possible, the selection of participants shall be on
the basis of seniority. E. All licensed practical nurses participating in the RN
programs referenced above shall remain in the employ of the County, as licensed practical
nurses, during the entire period of their matriculation. In addition, following successful
passage of the license exam, all program participants shall remain employees of the County,
as registered nurses, for a period of two years commencing from the date the examination
was taken. Any breach of this provision shall result in full restitution by the nurse, to the
County, of all tuition monies previously reimbursed by the County. In addition, withdrawal
from a program prior to completion of the commitment period, except for reasons of health,
family crisis, or other sufficient cause, ,shall result in full restitution by the employee to the
County of all tuition reimbursed by the County. Any practical nurse who fails to become
licensed as a registered nurse within one year completion of studies, shall also pay back to
the County all tuition reimbursed the employee during participation in the program.
F. Following the first semester, the County will make every effort to reimburse
the employee prior to the start of the next semester or prior to the due date for the next
semester's tuition.
G. Reimbursement shall only be for courses passed and not for those failed or
resulting in a grade of incomplete.
H. All participants shall actively pursue financial aid benefits and report the
award of same to the County upon notification from the school financial aid office.
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I. Any leave of absence taken shall not be credited toward the two year time
committed to the County following licensure and completion of a program.
J. "Tuition" shall be defined as actual tuition for coursework, student fees,
graduation fees, lab fees or school fees, but does not include the costs of books, meals,
transportation, parking or any other such costs.
K. In order to be reimbursed for expenses the Employee must submit proof of
payment within six (6) months of when the expense was incurred.
Section 8. Continuing Education Committee
A. The Union and the County agree to establish a Continuing Education
Committee to review and recommend possible non-degree programs that lead
to job-related certifications, such as Infection Control and Psychiatric
Certifications. The Committee will consist of two Union representatives and
two County representatives. The Committee, by majority vote, may submit
recommendations to the County Director of Personnel, who will make a
decision to approve or reject the recommended certification program.
Decision regarding approval/rejection of certification programs are not
subject to the grievance procedure of this Agreement.
B. Once approved, the certification program will be posted to solicit applications
from interested nurses. The County will select candidates based on a number
of factors, including the number of certified nurses that are needed and the
number of current nurses already certified.
C. Subject to staffing needs, nurses selected to attend certification training will
be released from duty with pay to attend training that occurs during the
nurses’ normal hours of work. The County will also pay the cost of the
certification training, including tuition and books. Nurses who successfully
complete the training and earn a certification will receive a $1,000.00 stipend
added to their annual base salaries.
D. The stipend noted above will be added to the nurses’ annual base salary
provided the employee maintains the required certification. Proof of current
certification must be submitted to the nurse’s Department Director, or
designee, prior to December 1st to ensure payment in the next calendar year.
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Failure to maintain a current certification will result in deletion of the stipend
from the annual base salary.
E. All nurses participating in the certification program must remain in the
employ of the County as nurses. In addition, following successful completion
of the certification program, nurses must remain in the employ of the County
as nurses for a period of two years commencing from the date of the
certification. Any breach of this provision will result in full restitution by the
nurse to the County for all costs associated with the certification, including
tuition, books and any stipends awarded. In addition, withdrawal from a
program prior to completion, except for reasons of health, family crisis or
other sufficient cause, shall also result in full restitution by the nurse to the
County for all costs associated with the certification as noted above.
F. This program applies to current nurses subject to submission of credentials
to the Continuing Education Committee for review and recommendation as
noted in paragraphs A-E above.
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ARTICLE XXXIII
BULLETIN BOARD
Section 1. The County shall permit the posting of Union material on bulletin
boards throughout the facilities in which members of this bargaining unit are working.
A. The County will provide space on centrally located bulletin boards which will be
for the exclusive use of the Union. If available, the space provided on each bulletin board
will minimally approximate 30” X 30” in size, or the equivalent.
B. Materials to be posted on bulletin boards will be delivered to designated County
officials by the Union prior to the proposed posting. No materials will be posted that contain
profane or obscene language, or which defame the County or its representatives or
Employees, or which are critical of or condemn the methods, policies, or practices of the
County, except as they apply to Union negotiations.
C. Materials to be posted will consist of the following:
i. Notices of Union Meetings.
ii. Notices concerning official Union business, and
iii. Notices covering social and recreational events.
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ARTICLE XXXIV
APPLICABLE LAWS
Section 1. The provisions of this Agreement shall be subject to and subordinate to
and shall not annul or modify any applicable provisions of State and local laws.
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ARTICLE XXXV
DISCIPLINARY ACTION
Section 1. The County shall have the right to discipline any employee for cause,
pursuant
to the Civil Service Law, up to and including fines, suspensions (with or without pay) and
termination from employment.
Section 1.B If management or a supervisor have a reason to reprimand a nurse, it shall
be
done in a manner which will not embarrass the nurse before any other nurse, or the public.
Section 2. The County will notify the Union, in writing, of any fine, suspension or
termination within forty-eight hours from the time of suspension or termination, it shall give
written notice thereof to the County no later than fifteen working days from the date of
receipt of the notice of suspension or termination. In that event, the dispute shall be
submitted to Step 3 of the grievance and arbitration procedure contained in this Agreement.
Section 3. In the event the Union is dissatisfied with the Step 3 determination, the
Union
may submit the dispute to binding arbitration under Step 4 of the grievance and arbitration
procedure contained in this Agreement to the extent permitted by applicable law, provided
the Union submits its demand for arbitration within fifteen (15) working days of the Step 3
determination, and provided that the disciplinary action falls into one of the following
categories:
A. minor disciplinary action
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B. major disciplinary action, and the employee has no alternative statutory appeal
mechanism under Civil Service or other applicable State law by which to challenge or review
said major disciplinary action.
For purposes of this Article, major disciplinary action is defined as termination; disciplinary
demotion; a suspension or fine of greater than five working days’ duration; a suspension or
fine of five working days or less where the aggregate number of days the employee was
suspended or fined in the calendar year is 15 working days or more; or, the last suspension
or fine where the employee receives three suspensions or fines of five working days or less
in a calendar year. “Minor discipline” is defined as any disciplinary action other than major
discipline. Only the Union may submit a disciplinary dispute to binding arbitration
Section 4. All time limits herein specified shall be deemed exclusive on Saturdays,
Sundays and holidays.
61
ARTICLE XXXVI
GRIEVANCE PROCEDURE
Section 1. A "grievance" shall be any difference of opinion, controversy or dispute
arising between the parties hereto relating to the alleged violation of, interpretation or
application of any of the provisions of this agreement.
Section 2. To be considered under this procedure, a grievance must be initiated by
the employee within fifteen (15) working days from the time the employee knew or should
have known of its occurrence.
Section 3. Failure at any step of this procedure to communicate the decision on a
grievance within the specified time limits shall permit the aggrieved employee to proceed to
the next step, and shall be deemed a denial on all applicable grounds. Failure at any step of
this procedure to appeal a grievance to the next step within the specified time limits shall be
deemed to be acceptance of the decision rendered at the lower step.
Section 4. It is understood that employees shall, during and notwithstanding the
pendency of any grievance, continue to observe all assignments and applicable rules and
regulations of the Employer until such grievance has been fully determined.
Section 5. All time limits herein specified shall be deemed to be exclusive of
Saturdays, Sundays and holidays.
STEP ONE
The grievance shall be discussed with the employee involved and the Union
representative with the immediate supervisor designated by the County. The answer shall
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be in writing and made within five (5) days by such immediate supervisor to the Union.
STEP TWO
If the grievance is not settled through Step One, the same shall within five (5) days be
reduced to writing by the Union and submitted to the Department Head or any person
designated by him or her, and the answer to such grievance shall be made in writing, with
a copy to the Union within five (5) days of submission.
STEP THREE
If the grievance is not settled at Step Two, the Union shall have the right within five (5)
days of the receipt of the answer at Step Two to submit such grievance to the Director of
Personnel. A written answer to such grievance shall be served upon the individual and the
Union ten (10) calendar days after submission.
STEP FOUR
If the grievance is not settled at Step Three, then the Union shall have the right to submit
such grievance to arbitration within fifteen (15) days of Step Three determination. An
Arbitrator shall be selected in accordance with the rules of the New Jersey Public
Employment Relations Commission then in effect. The Arbitrator shall have full power to
hear the dispute and make a final determination, which shall be binding on both parties and
upon the grievant(s). The Arbitrator shall have jurisdiction only over grievances as defined
in Section 1 of this Article, and shall not have the authority to add to, subtract from or
modify this Agreement in any way. Each party shall bear its own costs of the arbitration
63
except for the cost of the Arbitrator, whose fee shall be borne by the Union and the County
equally.
Section 6. The Union President, or his authorized representative, may report an
impending grievance to the Director of Personnel in an effort to forestall its occurrence.
Section 7. Nothing herein shall prevent an employee from processing his own
grievance, provided the Union representative may be present as observer at any hearing on
the individual's grievance, and provided further that only the County or the Union may
submit a grievance to arbitration.
Section 8. The time periods contained in this Article may be extended with the
mutual consent of the parties.
64
ARTICLE XXXVII
CHANGES, SUPPLEMENTS OR ALTERATIONS
Section 1. Any provision of this Agreement may be changed, supplemented or
altered, provided both parties mutually agree.
65
ARTICLE XXXVIII
UNION RIGHTS
Section 1. Authorized representatives of the Union, not to exceed three (3), shall be
permitted to visit the work location for the purpose of ascertaining whether or not this
Agreement is being observed. This right shall be exercised reasonably. The Union
representative shall not impede hospital operations at any time.
Section 2. During negotiations, the Union representatives so authorized shall be
excused from their normal duties for negotiating periods.
Section 3. The Union shall be notified by Hospital officials whenever possible of all
new health programs.
Section 4. The Union may recommend in-service programs.
Section 5. The Union may recommend to Hospital and County authorities changes
in hospital policies and decisions affecting the welfare of patients and nurses.
Section 6. The time off provisions currently under convention attendance, Article
XXXI and Union Rights Article XXXVII shall be consolidated so that subject to staffing
needs the amount of time off shall not exceed eighteen (18) days in the aggregate for nonsupervisors
during any calendar year.
66
ARTICLE XXXIX
MANAGEMENT RIGHTS
Section 1. The Employer hereby retains the right to manage and control its facilities
and to hire, promote, transfer, schedule, assign duties and to discipline or discharge
employees for just cause.
Section 2. The County, in accordance with applicable laws and regulations and
subject to the terms and conditions set forth in this contract, retains full jurisdiction and
authority over matters of policy, to maintain the efficiency of hospital operation and to
determine the methods, means and personnel by which such operations are to be conducted.
Section 3. The Union, on behalf of the employees, agrees to cooperate with the
County to attain and maintain full efficiency and maximum patient care.
Section 4.A. If during the term of this Agreement, the County contracts out, or
subcontracts, work normally performed by employees covered by this Agreement, employees
affected will be given every priority available to continue their employment with their
classification, or any other position available for which they are qualified, prior to lay off or
similar action.
B. The County agrees to meet with the Union to discuss all incidents of
contracting or subcontracting whenever it becomes apparent that a layoff or job displacement
will result.
C. If the County decides to subcontract or sell a service, it will provide the
Union with thirty (30) days notice to submitting a layoff plan to the Department of Personnel.
67
Section 5. The County reserves to itself sole jurisdiction and authority over matters
of policy, and further retains the right to make any and all decisions, in the sole and absolute
discretion of the County, which directly or indirectly affect the County Pension Program. No
such decision by the County shall be in any way subject to the Grievance Procedure herein
set forth.
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ARTICLE XL
MISCELLANEOUS
Section 1. All prevailing Civil Service and/or Hudson County regulations and
benefits not covered in this Agreement will be considered applicable to all members of the
Union.
Section 2. The County and the United Nurses Organization shall share the cost
of printing the labor agreement.
Section 3. Where applicable the change to calendar year from contract year will
apply. Change to now reflect the calendar year is subject to both the Union and County
agreeing to a transition procedure that will be fair to the Employee in its application.
Section 4. The benefits of this Agreement apply only to those employees in the
employ of the County on October 30, 2001, the date of the Memorandum of Agreement, as
well as those who retired or were laid off between June 30, 2001 and October 30, 2001.
69
ARTICLE XLI
UNEMPLOYMENT INSURANCE
Section 1. The County agrees to participate in the unemployment compensation
program of the State of New Jersey so long as the State of New Jersey extends such benefits
to the employees of the County of Hudson.
70
ARTICLE XLII
NON-PROFESSIONAL DUTIES
Section 1. Nurses shall not be expected to routinely work out of title
performing tasks that are not in their Civil Service job description.
71
ARTICLE XLIII
SAFETY AND HEALTH COMMITTEE
PROFESSIONAL PRACTICES COMMITTEE
Section 1. The County shall create a multiple-union safety and health committee
consisting of representatives of all non-uniformed bargaining units. The Union agrees to
participate on this committee. This multiple-union safety and health committee shall be
authorized to form a subcommittee to address safety and health issues unique to nursing
personnel.
Section 2. The Committee will conduct regularly scheduled monthly meetings
for the sole purpose of discussing accident prevention, and developing suitable corrective
safety measures.
Section 3. A Professional Practices Committee shall be established. The purpose
of this committee will be discussion and recommendation concerning issues in professional
nursing as they impact on the practice of nursing within this institution. There shall be no
discussion of union business during Professional Practice Committee meetings.
72
ARTICLE XLIV
PAST PRACTICES
Any past practice not identified in this Agreement shall be deemed waived and no
longer binding upon the parties. The following practices are recognized to the extent they
exist as of February 1, 1989.
1. Free meals.
2. Free parking.
3. Employee health clinic.
4. Nurses lounge and lockers
5. Malpractice insurance coverage.
73
ARTICLE XLV
UNION VISITATION
Section 1. A representative of the Union shall have reasonable access to the
County for the purposes of conferring with management, delegates of the Union and/or
employees and for the purpose of administering this Agreement. A Union delegate shall
notify his or her supervisor of any absence from his or her work station for the purpose of
conducting Union business. Permission to the Union delegate by the supervisor shall not be
unreasonably withheld. Notwithstanding this requirement, notice to the supervisor shall not
be required in the case of an emergency provided that no unit is left unattended. The
delegate’s attention to Union business shall not unduly interfere with the normal operation
of the department visited. In no event shall such delegate’s attention to Union business or
visits be unreasonably prolonged.
Section 2. The Union representative shall, for purposes of this Article, comply
with requirements of Article XXXVIII, (Union Rights) Section 1.
Section 3. An employee grievant or Union delegate may be released from
duty to speak with the Union representative at a time mutually convenient to the County, the
employee and the Union representative. Release of employees for these purposes shall not
be unreasonably denied.
74
Section 4. The business representative of the Union may enter the County's
premises at reasonable times during working hours to confer with County management, the
Union delegate and/or unit employees for the purpose of administering this Agreement
provided that such representative shall first telephone the principal County director, division
heard or superintendent at the affected County office of facility to make mutually convenient
arrangements for the visit.
75
ARTICLE XLVI
HIRING RATE
Nurses with prior recent relevant non-County nursing experience will be permitted
to start at a salary commensurate with their non-County years of service. However, such
nurses shall not be eligible for longevity pay until they have worked a sufficient number of
years with the County to qualify for the longevity pay. In addition, such nurses will not
receive seniority credit for prior non-County nursing service.
For purposes of application of this Article the term "recent" shall be limited solely
to relevant nursing experience accrued within ten (10) years from the date of entry into the
bargaining unit.
76
ARTICLE XLVII
PROVISIONAL EMPLOYEES
A bargaining unit employee holding provisional status under Civil Service law may
be terminated by the County from his/her provisional position at will, and with no recourse
to the contractual grievance and arbitration procedure, during her first six (6) months of
employment in the provisional position. Such employees may process any disciplinary
action taken against them other than termination under the contractual grievance and
arbitration procedure to the extent permitted by law. Such employees shall accrue seniority
from the date of hire.
77
ARTICLE XLVIII
SAVINGS CLAUSE
Section 1. Should any part of or any provision herein contained be rendered
invalid by reason of any existing or subsequently enacted legislation or any decree of a court
of competent jurisdiction, such invalidation of such or part or portion of this Agreement shall
not invalidate the remaining portion thereof.
78
ARTICLE XLIX
DURATION OF AGREEMENT
Section 1. This Agreement shall be effective as of July 1, 2001 and shall expire
June 30, 2006 at 11:59 p.m. Both parties agree to commence negotiations in accordance with
PERC regulations.
79
ARTICLE L
RESIGNATION
An Employee who resigns shall give the County at least ten (10) working days’
notice.
80
APPENDIX A
LONGEVITY PROGRAM
In order to promote and encourage long term employment, the County institutes this
separate longevity program for those personnel covered by this Agreement. This program
is additional to the years in title program presently in existence. This program would be as
follows:
Employees with more than five (5) years of service:
$200.00 per annum;
$300.00 effective January 1, 2002;
$400.00 effective January 1, 2005.
Employees with more than ten (10) years of service,
but not more than fifteen (15) years of service:
$400.00 per annum;
$500.00 effective January 1, 2002;
$600.00 effective January 1, 2005.
Employees with more than fifteen (15) years of service,
but not more than twenty (20) years of service:
$600.00 per annum;
$700.00 effective January 1, 2002;
$800.00 effective January 1, 2005.
Employees with more than twenty (20) years of service,
but not more than twenty-five (25) years of service:
$800.00 per annum
$900.00 effective January 1, 2002;
$1000.00 effective January 1, 2005
Employees with more than twenty-five (25) years of
service:
$1,000.00 per annum;
$1100.00 effective January 1, 2002;
$1200.00 effective January 1, 2005.
The longevity program shall be implemented only for full-time employees.
Employees working less than a regular full-time schedule shall not be eligible for longevity.
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be
signed by their duly authorized officers this day of , 2002.
THE COUNTY OF HUDSON UNITED NURSES ORGANIZATION/
DISTRICT 1199J, NUHHCE/AFSCME,
AFL-CIO
By:______________________________ By:________________________________
By:_____________________________ By_________________________________
ATTEST
By:________________________________
By:________________________________
G:\Contracts\2001\Hudson Cty and UNO NUHHCE Dist 1199J 2001.wpd
82
SCHEDULE A
WAGE GUIDE
TITLE YEARS IN
TITLE
07/01/01
(3%)
07/01/02
(3%)
07/01/03
(3%)
07/01/04
(3.5%)
07/01/05
(3.5%)
LPN 0 - 1 New Hire 30,303 31,212 32,148 33,273 34,438
1 - 3 33,335 34,335 35,365 36,603 37,884
4 - 6 33,959 34,978 36,027 37,288 38,593
7 - 9 34,585 35,623 36,692 37,976 39,305
10 - 12 35,210 36,266 37,354 38,661 40,014
13 - 15 35,835 36,910 38,017 39,348 40,725
16 - 18 36,462 37,556 38,683 40,037 41,438
19+ 37,088 38,201 39,347 40,724 42,149
TITLE YEARS IN
TITLE
07/01/01
(3%)
07/01/02
(3%)
07/01/03
(3%)
07/01/04
(3.5%)
07/01/05
(3.5%)
SR LPN 0 - 1 New Hire 31,546 32,492 33,467 34,638 35,850
1 - 3 34,652 35,692 36,763 38,050 39,382
4 - 6 35,309 36,368 37,459 38,770 40,127
7 - 9 35,970 37,049 38,160 39,496 40,878
10 - 12 36,629 37,728 38,860 40,220 41,628
13 - 15 37,288 38,407 39,559 40,944 42,377
16 - 18 37,945 39,083 40,255 41,664 43,122
19+ 38,605 39,763 40,956 42,389 43,873
TITLE YEARS IN
TITLE
07/01/01
(3%)
07/01/02
(3%)
07/01/03
(3%)
07/01/04
(3.5%)
07/01/05
(3.5%)
RN - GRAD
NURSE
0 - 1 New Hire 41,016 42,246 43,513 45,036 46,612
1 - 3 44,849 46,194 47,580 49,245 50,969
4 - 6 45,743 47,115 48,528 50,226 51,984
7 - 9 46,633 48,032 49,473 51,205 52,997
10 - 12 47,525 48,951 50,420 52,185 54,011
13 - 15 48,414 49,866 51,362 53,160 55,021
16 - 18 49,308 50,787 52,311 54,142 56,037
19+ 50,199 51,705 53,256 55,120 57,049
83
TITLE YEARS IN
TITLE
07/01/01
(3%)
07/01/02
(3%)
07/01/03
(3%)
07/01/04
(3.5%)
07/01/05
(3.5%)
HEAD
NURSE
0 -1 New Hire 43,032 44,323 45,653 47,251 48,905
1 -3 47,567 48,994 50,464 52,230 54,058
4 -6 48,485 49,940 51,438 53,238 55,101
7 -9 49,405 50,887 52,414 54,248 56,147
10 - 12 50,322 51,832 53,387 55,256 57,190
13 -15 51,239 52,776 54,359 56,262 58,231
16 -18 52,158 53,723 55,335 57,272 59,277
19+ 53,079 54,671 56,311 58,282 60,322
G:\Contracts\2001\Hudson Cty and UNO NUHHCE Dist 1199J 2001.wpd
Thursday, May 2, 2002
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