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References to any one gender shall mean reference to both genders, throughout this Agreement.

Assistant Pump Station Foreman Paymaster
Bookkeeper Procurement Specialist I/II
CAD Operator Receptionist
Engineering Technician/CAD Operator Receptionist/Office Assistant
Engineering/Metering Technician Regulatory Compliance Assistant
FMD Operations Coordinator Secretary
Inspector I/II/III TV Systems Specialist
Instrumentation Laboratory Technician

This is the full and complete listing of all positions which are currently represented by the OPEIU (Union) in this group.

Administrative Assistant, E&C Metering Crew Chief
Building and Grounds Superintendent Mechanical Foreman
Building and Grounds Supervisor Power Generation Technician
Chief Inspector Purchasing Agent
Electrical Foreman Process Control Superintendent
HVAC Superintendent Pump Station Foreman
Laboratory Manager Shift Supervisor
Laboratory Supervisor Solids Handling Foreman
Lines Maintenance Superintendent Stores Supervisor
Lines Maintenance Supervisor TV Systems Supervisor
Maintenance Planner Vehicle Maintenance Superintendent
Wastewater Quality Control Manager

All management functions and responsibilities which the Authority has not expressly modified or restricted by specific provision of this Agreement.

The right to establish and administer policies and procedures related to personnel matters, Authority control activities, training, operational functions, performance of services and maintenance of the facilities and equipment of the Authority.

To reprimand, suspend, discharge or otherwise discipline employees.

To hire, promote, transfer, assign, reassign, lay-off, and recall employees to work.

To determine the number of employees and the duties to be performed.

To maintain the efficiency of employees; to establish, expand, reduce, alter, combine, consolidate, or abolish any job or job classification, department or operation or service.

To determine staffing patterns and areas worked, to control and regulate the use of facilities, supplies, equipment, materials and any other property of the Authority.

To determine the number, location and operation of divisions, departments, work sections, and all other work units of the Authority, the assignment of work, the qualifications required, the performance standards and the size and composition of the work force.

To subcontract for any existing or future services as determined necessary by the Authority.

To make or change Authority rules, regulations, policies, and practices consistent with the specific terms and provisions of this Agreement.


And otherwise to generally manage the affairs of the Authority, attain and maintain full operating efficiency and productivity and to direct the workforce.

The failure to exercise any of the foregoing rights, or any right deemed to be a management right by tradition, by agreement, by mutual acceptance, or by practice, shall not be deemed to be a waiver thereof; all management rights ever granted or exercised heretofore are specifically incorporated herein. Any act taken by the Authority not specifically prohibited by this agreement shall be deemed a management right, and shall be considered such as if fully set forth herein.

The Union agrees that it will do everything in its power to actively discourage any strike, work stoppage, slowdown or other activity aforementioned, including, but not limited to publicly disavowing such action, and directing all such members who participate in such activities to cease and desist from such activities immediately and to return to work along with such other steps as may be necessary under the circumstances, and to bring about compliance with its order. The Union agrees that it will undertake any necessary actions at its own expense to terminate any of the above activities on the part of its members of the bargaining unit.

Any activity enumerated above on the part of a Union member or member of this bargaining unit will be deemed as appropriate grounds for the termination of employment from the Authority.

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

In the event of activity aforementioned, the Authority shall cease making deductions under the “dues deductions” clause herein.

The Authority agrees that it shall not lock out any employee covered under this Agreement.

The Union will provide the necessary “check-off authorization” form and will secure the signatures of its members on the forms and deliver the signed forms to the Authority. The Union shall indemnify, defend and save the Authority 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 Authority in reliance upon the salary deduction authorization forms submitted by the Union to the Authority. It is specifically agreed that the Authority assumes no obligation, financial or otherwise, arising out of the provisions of this Article. Once the funds are remitted to the Union, their disposition shall be the sole and exclusive obligation and responsibility of the Union.

Payroll deductions of Union dues under the properly executed authorization for payroll deduction of Union dues form, shall become effective on the month following the time the form is signed by the employee, and shall be deducted and paid to the Union at least once each month.

The Authority shall be relieved from making such “check-off” deductions upon (a) termination of employment, or (b) transfer to a job other than one covered by the bargaining unit, or (c) layoff from work, or (d) leave of absence, or (e) revocation of the check-off authorization in accordance with its terms or with applicable law. Notwithstanding the foregoing, upon the return of an employee to work from any of the foregoing enumerated absences, the Authority will resume the obligation of making said deductions in accordance with Paragraph D hereof.

The Authority shall not be obliged to make dues deductions of any kind from any employee who, during any dues month involved, shall have failed to receive sufficient wages to equal the dues deductions.

If a bargaining unit employee does not become a member of the Union during any calendar year which is covered in whole or in part by the Agreement, said employee will be required to pay a representation fee to the Union for that year. The purpose of this fee will be to offset the employee’s per capita cost of service rendered by the Union as majority representative.

Prior to the beginning of each calendar year, the Union will notify the Authority in writing of the amount of the regular membership dues, initiation fees and assessments charged by the Union to its own members for that calendar year. The representation fee to be paid by non-members will be equal to 85% of that amount. The Union shall indemnify, defend and save the Authority 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 Authority in reliance upon the salary deduction of those on the agency fee list for these representation fees. It is specifically agreed that the Authority assumes no obligation, financial or otherwise, arising out of the provisions of this article. Once the funds are remitted to the Union, their disposition shall be the sole and exclusive obligation and responsibility of the Union.

D 1. Once during each calendar year covered in whole or in part by this Agreement, the Union will submit to the Authority a list of those employees who have not become members of the Union for the then current membership year. The Authority will deduct from the salaries of such employees, in accordance with Paragraph D. 2., below, the full amount of the representation fee, and will transmit the amount so deducted to the Union. The contract language shall serve as authorization for the deduction of said representation fee.

The Authority will deduct the representation fee in equal installments, as nearly as possible, from the paychecks paid to each employee on the aforesaid list during the remainder of the membership year in question. The deductions will begin with the first paycheck paid:

Within thirty (30) days after receipt of the aforesaid list by the Authority; or

Thirty (30) days after the employee begins his/her employment in a bargaining unit position, unless the employee previously served in a bargaining unit position and continued in the employ of the Authority in a non-bargaining unit position, or was on layoff, in which event the deductions will begin with the first paycheck paid 30 days after the resumption of the employee’s employment in a bargaining unit position, whichever is later.

Except as otherwise provided in this Article, the mechanics for the deduction of representation fees and the transmission of such fees to the Union will, as nearly as possible, be the same as those used for the deduction and transmission of regular membership dues to the Union.

The Union will notify the Authority in writing of any changes in the list provided for in Paragraph 1, above, and/or reflected in any deductions made more than thirty (30) days after the Authority received said notice.


The Union agrees that it has established and shall maintain at all times a demand and return system as provided by N.J.S.A. 34:14-5 (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 Authority shall immediately cease making said deductions.


The Union shall make a copy of its Demand and Return System together with any revisions thereto available to the Authority prior to the institution of this Article.

The term “grievance” as used herein means any controversy arising over the interpretation, application or alleged violation of the expressed terms of this Agreement, or policies or administrative decisions which affect terms and conditions of employment, and may be raised by an individual unit employee, a group of unit employees, or the Union on behalf of an individual unit employee or a group of individual unit employees.

The purpose of this grievance procedure is to secure a solution to grievances as herein defined. The parties agree that grievances should be resolved at the lowest possible administrative level. Therefore, no grievance shall by-pass any step of the grievance procedure except as expressly provided herein and any failure to prosecute a grievance within the time periods provided shall constitute an absolute bar to relief and shall stop the grievant from prosecuting his/her grievance in any forum thereafter. However, time limits specified may be extended in writing by mutual agreement. This grievance procedure constitutes the sole and exclusive method for raising and disposing of controversies within the definition of the term.

STEP ONE
The aggrieved shall institute action in writing, under the provisions here of, within seven (7) working days after the event giving rise to the grievance has occurred, and an earnest effort shall be made to settle the differences between the aggrieved employee and his/her next immediate superior who is not in any OPEIU bargaining unit, for the purposes of resolving the matter informally. Failure to act within seven (7) working days shall be deemed to constitute an abandonment of the grievance. The immediate superior shall render a decision, in writing, within seven (7) working days after receipt of the grievance. The written grievance must identify the grievant by name(s) and be signed by him/her (them) and the Union. It must set forth a statement of the facts constituting the grievance, the approximate time and place of occurrence of the facts leading to the grievance, the names of all employer representatives whose action or failure to act forms the basis of the grievance, the names of all witnesses the grievant intends to present, and the specific contract provision(s), if any, forming the basis of the grievance, and must set forth the remedy sought by the grievant. Any written grievance failing to comport with the foregoing

requirements shall be null and void, need not be processed by the employer and shall constitute an abandonment of the grievance. The matters identified in the written grievance shall not be expanded upon subsequent to its filing.

STEP TWO
In the event that the grievance is not resolved to the satisfaction of the aggrieved at Step One above, the grievance may be filed in writing with the Division Manager/Director or his/her designee, if appropriate within seven (7) calendar days. The Division Manager/Director, or his/her designee, shall have seven (7) calendar days to respond to the grievance. If it is not appropriate to file at this level with the Division Manager/Director, the grievance should be filed in accordance with Step Three instead.

STEP THREE
In the event that the grievance is not resolved to the satisfaction of the Union at Step Two above, the grievance may be filed in writing with the Director, Human Resources, or the Authority’s designee, within seven (7) calendar days. The Director, Human Resources, or the Authority’s designee, shall have seven (7) calendar days to respond to the grievance.

STEP FOUR
If the grievance is not resolved to the satisfaction of the Union at Step Three, the Union shall, within seven (7) calendar days after the response from the Director, Human Resources or the Authority’s designee, submit the grievance to the Executive Director of the Authority, or his/her designee. The Executive Director, or his/her designee, shall hold a hearing on such grievance within fourteen (14) calendar days after submission, and shall have fourteen (14) calendar days thereafter to render his/her decision.

STEP FIVE (A)
With respect only to those grievances not involving the expressed terms of this Agreement, and in lieu of Step Five (B), if the grievance is not resolved to the satisfaction of the Union at Step Four above, the Union shall within fourteen (14) calendar days after the response from the Executive Director, or his/her designee, submit the grievance to the Authority’s Commissioners. The Authority’s Commissioners may hold a hearing on such grievance within thirty (30) days and shall render a decision within fourteen (14) calendar days from the close of the hearing. If more time is needed, the Union shall be notified. The decision of the Authority’s Commissioners shall be final and binding upon the parties.






STEP FIVE (B)
With respect only to those grievances involving the expressed terms of this Agreement, and in lieu of Step Five (A), and in the event the grievance is not resolved to the Union’s satisfaction at Step Four, or in the event the Executive Director has not served a timely written response at Step Four, then within fourteen (14) calendar days after the response date set forth in Step Four, the Union may notify the Executive Director in writing of the Union’s intention to submit the grievance to binding arbitration, and shall request the Executive Director to join in the request for arbitration.
Within seven (7) calendar days after receipt of the Union’s notice and request as aforesaid, the Executive Director shall reserve upon the Union written determination respecting such request. The Executive Director shall join in the submission to arbitration if he/she determines that the grievance: relates solely to a controversy involving the expressed terms of this Agreement; was timely filed and timely processed through the applicable internal steps of this grievance procedure; relates solely to subject matter(s) within the required scope of negotiations as determined by the Public Employment Relations Commission and the Courts; and by way of remedy does not seek a result inconsistent with statute, administrative regulation or decisional law, inconsistent with the Authority’s management prerogatives set forth generally and specifically in the Management Rights Article of this agreement, or which would significantly interfere with such management prerogatives.


In the event the Executive Director determines to join the submission to binding arbitration, or in the event the Executive Director has not served a timely written determination, then within seven (7) calendar days after the determination date set forth in Paragraph 2 above, the Union may invoke binding arbitration by submitting a written request therefore to the Public Employment Relations Commission, with a copy of such request to the Executive Director. Thereafter, binding arbitration proceedings shall be conducted pursuant to the Voluntary Labor Arbitration Rules of the New Jersey State Board of Mediation, except as they may be expressly altered or modified herein.


The arbitrator shall be required to deliver to the parties a written award, coupled with a written opinion setting forth detailed reasons, findings of fact, and conclusions of law utilized in making his/her award, by no later than thirty (30) days from the date of closing the hearings, or if oral hearings have been waived, then from the date of

transmitting the final statements and proofs to the arbitrator. The arbitrator expressly has no authority to modify, add to, subtract from, or in any way whatsoever alter the provisions of this Agreement, and shall be expressly bound by the considerations set forth in Paragraph 2, notwithstanding any positions expressed thereon by the Executive Director, or his/her failure to respond with respect thereto.

Grievance and arbitration meetings and hearings shall be held at mutually acceptable times and places. The individual grievant shall have at his/her request a representative from the Union to assist in the resolution of the grievance at such meetings and hearings. Requests for such representatives and any witnesses shall be made to the appropriate Division Manager/Director, or his/her designee, in writing by no later than three (3) days prior to the date of any meeting or hearing, and meeting or hearing dates shall be scheduled considering the availability of all parties and witnesses and the needs of the Authority.


Costs of the arbitrator shall be split between the parties.


Additional costs incurred shall be borne by the party incurring same.

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

During the probationary period, the new employee will not accumulate or be able to use the following:

1. Sick Time
2. Vacation Leave
3. Personal Time
4. Promotions/Transfers

After a successful completion of the probationary period, the employee will begin to accumulate and be able to use the above benefits as set forth by contract and/or Authority policy.

When an employee is eligible for leave under the Federal Family and Medical Leave Act of 1993, health insurance will continue, at the expense of the Authority, provided the employee remits his or her portion of the monthly premium for the period of time he or she is covered under same in accordance with the provisions of Chapter 78, P.L. 2011. An employee on leave of absence without pay, except military leave, does not accrue vacation or sick leave benefits. The employee shall retain membership in the Public Employees Retirement System (PERS), however, no payments will be made by the Authority to PERS during the leave of absence unless the employee is receiving Workers’ Compensation wage replacement benefits.

A leave of absence for personal reasons without pay shall not exceed three (3) months in length, after which it may be reconsidered and any requested extension shall either be granted or denied.

In the case of leave for disability purposes, the employee’s leave of absence shall not exceed a total of six (6) months in length in a rolling twelve (12) month period of time. The twelve month period will start on the first day of the employee’s leave of absence. During such periods of leave, the Authority shall have the right to replace the employee on leave with a temporary employee for the duration of the leave.

The Authority shall have the sole discretion in matters of leaves of absence and each decision made shall be on its own merits. In no event shall the decision whether or not to grant a leave be precedential as to any other decision regarding a leave.

An employee on authorized leave of absence shall retain seniority for “length of services” purposes.

The Shop Steward shall not leave his/her job without the permission of his/her Supervisor, and shall not contact another employee on Union business without prior permission of that employee’s Supervisor and his/her own.

Under no conditions shall the Shop Steward interfere with the performance of the work of others.

The Authority shall supply and maintain an enclosed bulletin board specifically marked for Union notices, upon which the Union may post notices of Union meetings and activities. Only official notices may be posted which must be signed by a Union Official or Shop Steward.

The Authority reserves the right to remove other postings or matters which it considers inflammatory or in poor taste.

A combined total of eighteen (18) days off without pay from work for each contract year will be granted to Shop Stewards of the Union for union business. This time shall not be accumulative. No one (1) Shop Steward may have more than seven (7) unpaid days off from work each year under this article. Such leave shall include time off for Union meetings, conventions, and other Union functions. The employee requesting such leave must submit a written request for said leave at least one week in advance of the commencement of his/her leave. The leave shall not impede the Authority’s operation and will only be granted with the Authority’s permission.

Up to four (4) employee members of the Negotiating Committee shall be excused for negotiations for the entire length of the contract negotiations with no loss in regular pay. Such meetings shall take place at the Authority’s offices and the start times will be determined at the Authority’s discretion. It shall be the employee’s responsibility to notify his/her supervisor at least one (1) week in advance of any negotiating meeting.

For the purpose of this article, jury duty will include legal subpoena(s) which are served upon the employee which arise out of a third party action. No time will be granted under this article for subpoenas which are caused by the employee’s action upon him/herself, or against anyone else by the employee.

Upon completion of jury duty, it is required that the employee provide to the Authority a copy of a statement furnished by the Jury Manager, documenting the time credited to jury duty attendance. It is the employee’s responsibility to request and obtain this information from the Jury Management Office.

Any employee, who has received a suspension for disciplinary reasons, will not be eligible to apply for a job posting until one year has elapsed from the completion of the suspension.

If two (2) or more qualified employees apply for such position or promotion, seniority will be considered along with qualifications in determining which employee shall be selected to fill the position before any new employee is hired. The Authority reserves the right to select the most qualified candidate to fill the position.

Applicants may apply for positions only during the posting period.

In the event a candidate is out on authorized leave, the Shop Steward may apply for a position on his/her behalf; however, the candidate must reapply within two (2) days of his/her return to work. Failure to do so shall invalidate the application.

If an employee who has applied for a job opening requests to know whether he/she has been given the job, the Authority will provide such information.

When the Authority determines that a layoff or rehiring is necessary, the employee with the least Authority-wide seniority in the classification affected shall be the first one to be laid off, and the last person laid off shall be the first to be recalled in accordance with their seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.

If an employee who is being laid off has previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more Authority-wide seniority than the employee to be bumped.

If the employee who is being laid off has not previously held a fulltime position within the bargaining unit, he/she will have the option to bump a less senior employee provided that the laid off employee has more Authority-wide seniority, has the qualifications for the position, and can perform the work in a satisfactory manner.

The employee in the eliminated temporary position had been hired specifically to fill that position, or

The employee in the eliminated temporary position had elected to accept a posted temporary position with full knowledge that in so doing he/she could be terminated without regard to seniority if the position is eliminated.

Any employee holding a temporary position at the request or direction of the Authority will retain all seniority rights and should the temporary position be eliminated, will be given the opportunity to return to their original position.

In the case of the death of an employee’s parent, spouse or child, the employee shall be entitled to five (5) work days of leave with straight-time pay, whether in state of not.

In all cases, the work days must be consecutive (not including weekends or normal days off that might separate days used for this purpose). Employees are permitted to take one (1) of the granted days as a stand-alone day for the purpose of attending a future dated funeral or memorial service.

New Year’s Day 8. Labor Day
MLK/Floating Holiday* 9. Columbus Day
Lincoln’s Birthday 10. Veterans’ Day
Presidents’ Day 11. Thanksgiving Day
Good Friday 12. Day after Thanksgiving
Memorial Day 13. Christmas Day
Independence Day

Up to and including the third (3rd) year		Ten (10) days One day to accrue for each of the first ten (10) months of the year.
*Fourth (4th) through sixth (6th) year		Twelve (12) days Employee will receive six (6) days on January 1 following the anniversary date and one (1) day will accrue per month January through June.
*Seventh (7th) through twelfth (12th) year		Fifteen (15) days Employee will receive seven and one-half (7.5) days on January 1 following the anniversary date and will accrue one (1) day per month January through July and one-half (.5) day in August.
*Thirteenth (13th) through nineteenth (19th) year		Twenty (20) days Employee will receive ten (10) days on January 1 following the anniversary date and will accrue one (1) day per month January through October.
*Twentieth (20th) year and later		Twenty-five (25) days Employee will receive thirteen (13) days on January 1 following the anniversary date and will accrue one (1) day per month January through December.**

*Any additional vacation earned due to a status change will be given prorated on the anniversary date for the remaining months left in that calendar year.

**If a vacation day is earned in December, that day would be available as of December 22 of that particular calendar year.

While the formula for vacation accrual will remain the same, the Authority will credit employees with their annual vacation eligibility as of January 1st of each calendar year.

In the event that an employee leaves the Authority for any reason and has used more vacation days than he/she would be entitled to under the current contractual formula, an amount equal to the unearned utilized vacation will be deducted from the employee’s last paycheck. If the employee’s last paycheck is not enough to cover the deduction of unearned utilized vacation, the employee will be responsible to reimburse the Authority for any remaining balance. At no time will the deduction reduce the employee’s gross paycheck less than the required federal minimum hourly wage for each hour worked.

If vacations are not taken during the vacation year earned, vacation days may accrue to a maximum of twenty-four (24) months’ worth of vacation. Requests to accrue beyond twenty-four (24) months’ worth of vacation days shall be reviewed by the Authority on a case-by-case basis.


If, due to the exigencies of the work situation, the Authority requests an employee to forego his/her vacation, then the Authority may approve an accrual greater than twenty-four (24) months’ worth of vacation.


Under the provisions of Chapter 3, P.L. 2010, any employee hired on or after May 21, 2010, who does not take vacation leave that accrues in a given year because of business demands shall be granted that accrued leave only during the next succeeding year. Certain exceptions may be made only in the case of vacation leave not taken in a given year because of duties directly related to a state of emergency declared by the Governor and at the discretion of the employer and are not subject to a CBA.


During an employee’s probationary period, vacation leave will not be accrued and no paid vacation leave will be given during this period.

Under the provisions of Chapter 3, P.L. 2010, employees hired on or after May 21, 2010 are not entitled to supplemental compensation for sick leave before retirement and are therefore not entitled to “sell back” their sick leave.

Exposure to a contagious disease that would endanger the health of coworkers, or absence from duty due to illness or injury.

Presence of illness or injury in the immediate family which requires the employee’s personal care. Immediate family shall be defined as any blood relative, spouse, mother-in-law, or father-in-law who resides as a regular member of the employee’s household. This will include mother and father whether living within or outside of the household. A maximum of three (3) sick leave days may be used for this purpose; however, due to extenuating circumstances, this period may be extended at the discretion of the Authority.

Employees requesting pre-approved sick leave are required to substantiate the absence with documentation from a practicing physician which is to be submitted on the day of their return to work. If appropriate documentation is not provided, the absence will be recorded as a sick absence rather than a pre-approved absence.

At no time may an employee collect more than his/her full regular salary.

If an employee uses up his/her accumulated sick leave, he/she may then use any unused vacation time on the same basis as in Paragraph A above, or he/she may elect to go on unpaid leave of absence and retain any Workers’ Compensation benefits to which he/she is entitled.

The Authority reserves the right to assign “light duty work” to an employee, at its option.

In the event the employee contends that he/she is entitled to a period of disability beyond the period established by the treating physician, or a physician chosen by the Authority, or by its insurance carrier, then, and in that event, the burden shall be upon the employee to establish such additional period of disability by obtaining a Judgment in the Division of Workers’ Compensation, establishing such further period of disability, and such findings by the Division of Workers’ Compensation, or by the final decision of the last reviewing Court, shall be binding upon the parties.

During an employee’s probationary period, Personal Leave will not accrue and no paid Personal Leave will be given during this period.

No employee shall engage in any activity which interferes with the full performance of his/her duties and responsibilities.

No employee shall use or allow the use of Authority property of any kind for other than officially-approved activities.


No employee shall use or allow the use of official information gained through employment for furthering a private interest.


No employee shall report for duty while under the influence of alcohol or any other drugs which could adversely affect the employee’s performance, or engage in any gambling activity while on Authority-owned or Authority-leased property.


No employee shall engage in any act of violence causing damage to property or injury to individuals while on duty or on Authority-owned or Authority-leased property.


Inasmuch as the Authority is a public body and subject to federal and State regulations, it is imperative that no employee shall engage in any criminal or disgraceful conduct which could prove prejudicial to the Authority.

Covered employees* may not use official authority or influence to interfere with or affect the results of an election or nomination;

Covered employees may not directly or indirectly coerce, attempt to coerce, command, or advise a state, D.C., or local officer or employee to pay, lend, or contribute anything of value to a party, committee, organization, agency or person for political purposes.

Covered employees may not be a candidate for public office in a partisan election**

An employee is covered by the Hatch Act when as a normal and foreseeable incident of his/her principal employment, the employee performs duties in connection with an activity financed in whole or in part by federal funds. If an employee meets the standard, the source of the employee’s salary is irrelevant. An example of a covered employee is an authorizing official who works in connection with federally financed activities. An employee who provides only clerical responsibilities in connection with federally financed activities would not be a covered employee.

** On December 19, 2012, Congress passed the Hatch Act Modernization Act of 2012 (the Act). The Act became effective on January 27, 2013. Now only state, D.C. or local government employees whose salaries are paid for entirely by federal funds are prohibited from running for partisan office. All other state, D.C. and local employees even if they are otherwise covered by Hatch Act restrictions are free under the Hatch Act to run for partisan office. Employees should note that an election is partisan if any candidate is to be nominated or elected as representing a political party, for example, the Democratic or Republican Party. Note: The Authority currently has no employees whose salary is paid for entirely by federal funds.

Work in excess of forty (40) hours per week or eight (8) hours in a day shall be compensated at the rate of time and one-half (1 ½) the regular rate of pay, except for those exempt under Wage and Hour Law. However, there shall be no pyramiding or duplication of overtime payments. A work day shall be defined as the twenty-four (24) hour period beginning with 12:01 a.m. and ending 12:00 midnight.

For the purpose of computation of overtime, hours worked, regular holidays, vacation, personal time, floating holiday, administrative leave, and jury duty shall be counted.

All time shall be properly recorded.

All employees shall be expected to work a reasonable amount of overtime when requested by the Authority.

The Authority reserves the right to schedule or reschedule employees in accordance with its needs. If an employee is scheduled to attend training outside of his/her normal working hours, the Authority will not change said employee’s hours to avoid overtime.

All meal breaks are taken on the employee’s own time, as scheduled by the employer.

Nothing herein shall guarantee employees any minimum workday or work week.

In order to be compensable, all routine overtime must be prior approved by the supervisor. In cases of unusual circumstances or particular manpower coverage, overtime may be approved after the fact.

All eight (8) hour employees shall be entitled to a one-half (½) hour non-paid meal period per shift. The eight (8) hour day in Paragraph A shall be exclusive of the meal period. All seven (7) hour employees shall be entitled to a one (1) hour non-paid meal period per shift. The seven (7) hour day in Paragraph A shall be exclusive of the meal period.

Uniform Distribution – Uniforms will be issued and maintained in accordance with the Authority’s Uniform Regulation. The Uniform Regulation will be strictly adhered to regarding the proper clothing (cotton/flame retardant) for the safety of all Authority employees.

The Authority expects uniforms to be as neat and clean as possible. Uniforms are not to be altered or cut away. Ragged or badly worn uniforms will not be allowed.

Employees, who are not in compliance with this dress code, will be counseled by their immediate supervisor. Any employee who continues to violate this dress code will be subject to further disciplinary action.

The annual differential will be calculated by averaging 5.5% of two-thirds of the base salary with the other one-third of base salary alone.

Any employee who is scheduled for standby duty will be compensated as follows: two (2) hours pay at straight time for the last day before the holiday period, four (4) hours pay at straight time for each day (24 hours) of the standby duty and two (2) hours pay at straight time for the first day after the holiday period.

Travel time will be paid for employees on standby coverage for response to emergency calls.

Training for TCH/CEU Certification

While it is the employee’s responsibility to fulfill the State’s TCH/CEU certification requirements, the Authority will assist in providing training, if deemed appropriate by the Authority, for the Shift Supervisors as licensed operators (S-1, S-2, etc.).

The Authority is not yet sure what format this training will be made available to our Shift Supervisors, but it will be provided at no cost to our employees. If training outside the Authority is approved, the Authority will permit the Shift Supervisors to attend appropriate workshops, seminars, etc. on Authority time, provided:

The employee attending the requested training is paid only at the “straight-time” rate, and

Adequate operations coverage is maintained.
However, if it is at all feasible, the Authority will attempt to provide “in-house” training.

For license reimbursement purposes, eligible employees must submit a completed voucher to the Finance Department. A copy of the appropriate license or certification and letter of approval, when required, must be attached to the voucher. Late fees or penalties caused by the employee’s negligence are not eligible for reimbursement. The Authority does not reimburse employees the cost of maintaining a valid New Jersey Driver’s license.

C-1 $250 S-1 $250
C-2 $350 S-2 $350
C-3 $600 S-3 $600
C-4 $1000 S-4 $1000
T-1 $250

The following positions will be eligible to receive the license incentive award as an addition to base instead of a one-time incentive, upon first obtaining licensure:
Lines Maintenance Superintendent
Lines Maintenance Supervisor
TV Systems Supervisor
TV Systems Specialist

Employees in the New Jersey National Guard eligible for a Military Leave of Absence, may receive up to ninety (90) paid Military Leave days for work days missed for active duty per calendar year as directed by N.J.S.A. 38A:4-4.

Employees in the reserves and National Guard (other than the New Jersey National Guard) eligible for a Military Leave of Absence, may receive up to thirty (30) paid Military Leave days for work days missed for active duty per calendar year as directed by N.J.S.A. 38:23-1.

As of March 30, 1999, the Authority had no intention of replacing any full-time bargaining unit employee with a part-time position or part-time employee. All bargaining unit employees hired before March 30, 1999, are grandfathered for medical benefits as fully covered employees, regardless of hours worked per week, provided they work twenty-five (25) hours a week in accordance with the State’s minimum requirement.

The Authority will provide employees vision insurance benefits through a vision care provider of the Authority’s choosing. The selected vision program will offer employees prescription safety glasses. The Authority will pay the full cost of the premiums for vision coverage.

The Authority will provide employees with a Health Reimbursement Arrangement (HRA) account through a vendor of its choosing. Each employee will be provided $750 annually. These funds must be used in accordance with the IRS guidelines and other regulations that governs such plans.

During the first year of employment, an employee is entitled to a pro rata share of the HRA account.

The balance in the employee’s HRA account at the end of the calendar year (up to a maximum of $2,100) shall be carried forward to the next year.

No cash benefits will be paid from this HRA account upon termination or cessation of service for any reason. If any employee has already submitted a claim, he/she will be reimbursed regardless of the circumstances of the cessation of services.

This plan shall be administered in accordance with the Authority’s rules and regulations.

If during the term of this agreement State law shall be amended so as to reduce the amounts required to be contributed by unit members toward their healthcare, said law shall be applied to unit members immediately or as soon as permitted by law, whichever is sooner.

Salaries for the calendar year 2021 shall be increased by 2.0% but not less than $1550 effective January 1, 2021.

A $5,000 salary “buffer” shall continue between the base annual salaries (excluding overtime, shift differential and other “extra” pay) of the shift supervisor and the employees they supervise who hold the same license as does the shift supervisor (i.e., a shift supervisor with a S-1 license will, if necessary, receive a “buffer” adjustment of $5,000 more than the annual base salary of an operator with a S-1 license; he/she will not receive a “buffer” adjustment $5,000 more than the base salary of an operator who holds a higher license).

This “buffer” also applies between the base annual salaries (excluding overtime and other “extra” pay) of the white collar supervisor and the employees they directly supervise in the blue collar union. The direct supervisory relationship must be documented in the Authority’s organizational chart.

Individuals leaving the employ of the Authority in good-standing, will be compensated for all of their unused, eligible, earned vacation, personal leave, and any sick leave in excess of 45 days. Compensation will not be given to any employee who resigned with insufficient notice or is terminated as a result of his/her own actions.

Employees who leave the Authority in good standing will be compensated for half of all unused sick time up to forty-five (45) days (i.e., maximum twenty-two and one-half [22.5] days) under the following conditions:

Upon eligibility for an immediate retirement annuity, or

Upon resignation, having a minimum of twenty years of service with the Authority.


Under the provisions of Chapter 3, P.L. 2010, employees hired on or after May 21, 2010 are entitled to receive compensation for unused sick leave only at retirement and not in excess of $15,000.

In the event of the death of an Authority employee, compensation will be paid to said employee’s estate for the employee’s unused sick leave at the rate of one-half (½) day’s pay for each day of accumulated sick leave. Also paid to said employee’s estate will be any unused eligible vacation leave. Under the provisions of Chapter 3, P.L. 2010, employees hired on or after May 21, 2010 are entitled to receive compensation for unused sick leave only at retirement and not in excess of $15,000.

Dismissal is at the discretion of the Department/Division Manager/Director and/or the Executive Director, and is subject to the grievance and arbitration procedure.

THE OCEAN COUNTY UTILITIES AUTHORITY	OFFICE AND PROFESSIONAL EMPLOYEES INTERNATIONAL UNION - LOCAL 32, AFL-CIO
__________________________________ John C. Parker Chairman	__________________________________ Bill Henning Business Manager
__________________________________ Keith B. Marcoon Executive Director	__________________________________ Gregory B. MacLaine Business Representative
__________________________________ Margaret M. Hansen Director, Human Resources	__________________________________ David J. Howachyn Chief Shop Steward
	__________________________________ Kimberly V. Capone Shop Steward __________________________________ Richard D. Buchy Shop Steward

It is understood and agreed by both parties that notwithstanding Article 13, Paragraph A, of the Collective Bargaining Agreement between the OCUA and the OPEIU, the Authority shall also have the right to communicate directly with the OPEIU Local 32 Business Representative as designated representative of the Union, for matters which take place at the work place.