I
AGREEMENT BETWEEN
POMPTON LAKES
BOROUGH EMPLOYEES ASSOCIATION
AND BOROUGH OF POMPTON LAKES
JANUARY 1, 2002 THROUGH DECEMBER 31, 2006
ARTICLE PAGES
PREAMBLE IV
I RECOGNITION 1
II EFFECTIVE DATE OF AGREEMENT 2
III SENIORITY 3
IV HOURS OF WORK 5
V GRIEVANCE PROCEDURE 8
VI DISCHARGES AND DISCIPLINE 12
VII STRIKES AND LOCKOUTS 13
VIII DEATH IN FAMILY LEAVE 14
IX HOLIDAYS/PERSONAL DAYS 15
X ANNUAL VACATION 17
XI TERMINAL LEAVE 19
XII JOB CONDITIONS 20
XIII SICK LEAVE 22
XIV MANAGEMENT RIGHTS 25
XV LONGEVITY 27
XVI MEDICAL INSURANCE 28
XVII SALARIES 29
XVIII OVERTIME 31
XIX DISABILITY COMPENSATION 32
XX DISCRIMINATION AND COERCION 33
TABLE OF CONTENTS (Continued)
ARTICLE PAGES
XXI UNION ACTIVITY 34
XXII SEPARABILITY AND SAVINGS 36
XXIII PERSONNEL FILES 37
XXIV FULLY BARGAINED AGREEMENT 39
XXV DURATION 40
SCHDULE A 41
CONTRACT
THIS CONTRACT made by and between the POMPTON LAKES EMPLOYEES’ ASSOCIATION, Pompton Lakes, New Jersey, hereinafter referred to as the “ASSOCIATION” and the BOROUGH OF POMPTON LAKES, a municipal corporation of the State of New Jersey, 25 Lenox Avenue, Pompton Lakes, New Jersey, hereinafter referred to as the “BOROUGH”.
PREAMBLE
It is the intent and purpose of the parties hereto that this Agreement covering rates of pay, hours of work and conditions of employment will promote a spirit of cooperation between the BOROUGH and its employees represented by the ASSOCIATION and that the employees represented thereby will serve to maintain and increase individual efficiency and quality of service so as to avoid interruption and interference with the efficient operation of the BOROUGH and this contract will express the complete agreement on all negotiable terms and conditions of employment between the parties so that the BOROUGH will receive a fair day’s work for a fair day’s pay as provided for in this contract. The ASSOCIATION is in full agreement with the objective of employee performance and efficiency consistent with the safety, good health and sustained effort of such employees. ARTICLE IRECOGNITION SECTION I
The BOROUGH hereby recognizes that the ASSOCIATION is the exclusive representative for collective negotiations and bargaining concerning the terms and conditions of employment of the employees in said bargaining unit. However, nothing herein shall be so construed as to prevent any official of the BOROUGH from meeting with any employee organization or individual employee for the purpose of hearing the views and requests of the members of said organization or of said individual so long as (a) the ASSOCIATION is informed of the meeting; (b) any changes or modifications in the terms and conditions of employment provided for in this contract are to be made through negotiations and collective bargaining with the ASSOCIATION; and, (c) said individual or minority organization shall not represent or process grievances provided for in this contract.
SECTION II
Nothing shall be construed so as to deny any individual employee of his or her rights under Civil Service Laws or Rules or Regulations promulgated by the State of New Jersey.
SECTION III
The bargaining unit shall include all permanent full-time and part-time employees, including probationary/provisional employees in the Public Works Department, excluding supervisory employees of the rank of foreman and above; all permanent full-time and part-time municipal office staff, including probationary/provisional employees; all full-time and part-time police radio dispatchers, including probationary/provisional employees; and, parking violations officer, full-time and part-time, including probationary/provisional employees.
ARTICLE II
EFFECTIVE DATE OF AGREEMENT
SECTION I
This contract shall cover the period of time from January 1, 2002 to December 31, 2006, inclusive and neither party shall abrogate the terms of the contract during its term of existence. All salaries and fringe benefits provided for in this contract shall be retroactive to January 1, 2002, unless otherwise specified.
SECTION II
This contract shall become effective only when signed for the BOROUGH by the Mayor and Borough Clerk and by the authorized representatives of the ASSOCIATION.
ARTICLE III
SENIORITY SECTION I
Seniority of a regular employee is to be determined by the length of service, computed in years, months and days from the date of his employment. Probationary period will be counted toward seniority. However, in no case, will an employee be given permanent seniority status until after satisfactory completion of the ninety (90) calendar day probationary period. All permanent employees shall be given seniority status regardless of membership in any Union Association or other group. Permanent employee shall mean an employee who has received a permanent appointment in accordance with the Civil Service Regulations adopted thereunder.
SECTION II
The Superintendent of Public Works, Borough Clerk, Administrator or Administrative Aide or a designee of the Mayor and Council and/or Chief of Police shall post a notice of all job openings on bulletin boards as hereinafter provided. Such postings shall be made in the municipal building located at 25 Lenox Avenue, Pompton Lakes, New Jersey and at the Department to Public Works Building, Mill Street, Pompton Lakes, New Jersey and shall state:
a. the job classification
b. wages
c. job description and duties
d. qualifications
e. filing or qualification deadline
Employees on vacation or off duty or excused for valid and recognized reasons shall retain all
filing or bidding rights during such absence. The ASSOCIATION’s designated representative may file or bid for such position by proxy for and on behalf of any employee on vacation or otherwise off duty or excused for valid or recognized absence; however, the BOROUGH shall not be responsible for the ASSOCIATION’s representative to designate such person or for the failure of the ASSOCIATION’s representative to bid or file for and on behalf of any such employee.
SECTION III
No substantial changes in working conditions or assignments shall be made without notification to employees affected. Notification shall consist of two (2) weeks prior notice of the changes being made.
Nothing in this contract shall prevent or preclude supervision from assigning duties to any employee outside of his classification during an emergency. An emergency is to be determined solely by such supervision. Supervision shall make a reasonable attempt to secure employees in proper job classification for the performance of particular jobs whenever possible under the particular circumstances. Supervision in the Department of Public Works shall not replace any employee on his job for over a period of four (4) hours if that employee is available for work. Any employee placed in a higher classification job will be paid at the higher rate of pay for all hours worked in the higher classification for all departments.
SECTION IV – PROBATIONARY EMPLOYEES
The discharge of any employee for any reason during a probationary period is not a matter for a grievance. Probationary employees will not receive seniority during probationary period.
ARTICLE IV
HOURS OF WORK SECTION I
The basic workweek for all regular employees shall be as follows:
a. Department of Public Works – Forty (40) hours per week.
Starting time: 7:00 a.m. – Finishing time: 4:00 p.m. Eight (8) hours per day with one (1) hour lunch. For payroll and other purposes, workweek shall be considered as starting 12:01 a.m. Monday. Regular working time will not be considered to start until 7:00 a.m., except as noted herein. With the consent of the ASSOCIATION, the Department of Public Works may schedule regular work hours during the days of longer daylight to 6:30 a.m. starting time and 3:30 p.m. finishing time. During the time period between Memorial Day and Labor Day of each year of the contract, the hours of the Department of Public works shall be 6:30 a.m. starting time to 3:00 p.m. finishing time with a one-half (1/2) hour lunch.
b. Municipal Office – 8:30 a.m. to 4:30 p.m. weekdays with one (1) hour for lunch, except
for legal holidays.
c. Police Radio Dispatchers – as assigned by a superior officer in charge of the Police
Department.
SECTION II - OVERTIME
As set forth in Article XVIII of this Contract, the BOROUGH has the right to schedule overtime work when it is required and in a manner most advantageous to the BOROUGH and consistent with the requirement of Municipal Employment and the public interest. Overtime shall be paid on the following basis:
Employees with the lowest amount of overtime shall be given first choice in his or her classification. If no employee in a classification can be found, the supervision will then choose qualified employees with the least amount of overtime. However, nothing shall prevent the Superintendent of Public Works or his authorized assistant from reassigning men to work overtime on an emergency basis. An emergency shall be determined by such supervision.
Overtime shifts for Dispatchers shall be assigned on a rotating basis beginning with the full-time Dispatchers and rotating through the entire Dispatcher roster, including part-time Dispatchers. The Dispatcher roster shall be kept in the order of the date of hire. This provision shall not be construed as to require the Borough to fill an open shift with a Dispatcher.
SECTION III – D.P.W. EMERGENCY AND OVERTIME WORK
Employees called into work on an overtime basis shall be given four (4) hours pay at straight time or the premium pay if the same is called for, whichever is greater.
Emergency basis shall be any time not continuous with the regular working hours. A person called in on an emergency basis shall be on stand-by for the four (4) hour period in the event he or she does not work the same.
The snow plowing and removal schedule is as follows:
a. For every four (4) hours of continuous plowing – one (1) hour of rest or pay for one (1)
hour if rest is not permitted or allowed by supervision.
b. A ten (10) minute coffee break for every four (4) hours of work.
c. All hours over sixteen (16) continuous hours shall be paid double time with paid meals
during snow plowing.
d. All work prior to 7:00 a.m. starting time – premium salary, except as provided in Article IV, Section Ia.
SECTION IV – COURT ADMINISTRATOR
The Court Administrator shall be paid a minimum of three (3) hours at time and one-half (1-½) pay when called into work outside of regularly scheduled hours.
SECTION V – HOLIDAYS DURING VACATION
Holidays falling during vacation shall be paid at straight time and an additional day shall be attached to the vacation schedule.
ARTICLE V
GRIEVANCE PROCEDURE PURPOSE:
The purpose of this procedure is to secure, at the lowest possible level, an equitable solution to the problems which may arise affecting the terms and conditions of this Agreement.
Nothing herein shall be construed as limiting the right of any employee having a grievance to discuss the matter informally with any appropriate member of the Department in the Chain of Command as outlined in Steps One through Four of the grievance procedure.
DEFINITION:
For purposes of this Agreement, the term “grievance’ means any complaint, difference or dispute between the employer and any employee with respect to an interpretation or application or violation of any of the provisions of this Agreement.
STEPS TO GRIEVANCE PROCEDURE:
The following constitutes the sole and exclusive method for resolving grievances between the parties covered by this Agreement and shall be followed in its entirety. It is understood that if the BOROUGH, through its Mayor and Council, or its supervisors, Borough Clerk, Administrative Aide or Administrator and/or their designees, by their actions or inactions, either individually or collectively, performs any official action or functions that violate the terms of this Agreement, then the sole method of redress shall be by way of this procedure, as outlined in this Article, this being the sole and exclusive method of resolution.
FAILURE TO RESPOND:
Failure to respond to any step in this procedure by the BOROUGH or its agents shall be deemed to be a negative response and upon the termination of the applicable time limits the grievant may proceed to the next step.
Time limits may be extended to the parties by mutual written agreement and all days refer to calendar days.
If the BOROUGH, by resolution of the Mayor and Council, believes that the ASSOCIATION or its members or representatives has violated the terms of the Agreement, then the BOROUGH may file, in writing, a grievance on its behalf with the Executive Board of the PLBEA, which shall conduct a conference with the representatives of the BOROUGH, as designated by resolution of the Mayor and Council, within ten (10) days of the BOROUGH filing the grievance.
In the event the grievance is not resolved at the conference with the Executive Board of the PLBEA, then within ten (10) calendar days after the conference, the matter may be referred to the Public Employment Relations Commission, pursuant to the rules of PERC. The remaining provisions of Step Four of the Grievance Procedure shall apply. In the event the BOROUGH exercises its right to proceed to arbitration under this paragraph and the decision is rendered unfavorably to the BOROUGH, the BOROUGH will pay all arbitration costs and related costs of the ASSOCIATION’s defense of the arbitration, but not legal costs of the ASSOCIATION.
STEP ONE:
(a) An aggrieved employee or the PLBEA on behalf of the aggrieved employee or
employees or the BOROUGH shall institute action under the provisions hereof, within ten (10) calendar days of the occurrence of the grievance and an earnest effort shall be made to settle the differences between the aggrieved employee and his immediate supervisor, for the purpose of resolving the matter informally. Failure to act within said ten (10) calendar days shall be deemed to constitute and abandonment of the grievance.
(b) The supervisor shall render a decision within ten (10) calendar days after receipt of
the grievance.
STEP TWO:
(a) In the event a satisfactory settlement has not been reached between the employee or the
PLBEA and their immediate supervisor, the employee may, in writing and signed, file their grievance with the next immediate supervisor (Dispatchers and Parking Violations Officer with the Chief of Police) (Office workers with the Mayor and Council or their designated representative) (Public Works employees with the Superintendent of Public Works) within ten (10) calendar days after receipt of the grievance response.
(b) The supervisor shall render a written decision within ten (10) calendar days from the
receipt of the grievance.
STEP THREE:
(a) In the event the grievance has not been resolved at Step Two, then within ten (10)
calendar days following the determination, the matter may be referred to the Mayor and Council or their designated representative, who shall review the matter and make written determination within ten (10) calendar days from receipt of the grievance.
(b) In the event the grievance has not been resolved at Step Three, part (a), then within ten
(10) calendar days following the determination, the matter may be referred to the Mayor and Council, who shall review the matter and make written determination within fifteen (10) calendar days from receipt of the grievance.
STEP FOUR:
(a) In the event the grievance has not been resolved at Step Three, then within ten (10)
calendar days, the matter may be referred to arbitration by the parties for resolution and disposition, and will be referred to the Public Employees Relations Commission pursuant to the rules of PERC.
(b) The arbitrator shall have no power to modify, alter or amend the provisions of this
contract; shall be bound and limited by the submission presented to the arbitrator by the parties; shall set forth their findings of fact and conclusion of law; and, shall be bound by the provision of State and Federal Laws.
(c) The costs of the arbitrator shall be shared equally by the parties.
(d) The arbitrator’s decision shall be in writing.
(e) The arbitrator’s decision shall be final and binding.
(f) Only the PLBEA and/or the BOROUGH shall have the right to submit a matter to
arbitration.
MISCELLANEOUS:
The following items are specifically not subject matters for a grievance:
A. Failure or refusal of the BOROUGH to review the contract of a probationary or part-time
departmental employee or matters in which the BOROUGH is without authority to act upon.
B. Where the grieved employee utilizes the Civil Service Act, the Courts or any other
method of review.
C. Disputes or differences regarding classifications of positions, promotions of employees,
pension and elimination of positions where such disputes and grievances are regulated by Civil Service Law, Rules and Regulations or by any other State Statute.
ARTICLE VI
DISCHARGES AND DISCIPLINE SECTION I – CONFERENCE PRIOR TO DISCHARGE OR DISCIPLINE
The BOROUGH shall not discharge, discipline or suspend any employee without just cause. Before any employee shall be discharged, disciplined or suspended, there shall be a conference held between the ASSOCIATION’s representative and a duly authorized representative of the BOROUGH.
SECTION II – NOTICE REQUIREMENT
A grievance by any employee claiming that he or she has been unjustly disciplined or discharged must be submitted to the BOROUGH in writing within ten (10) days of such discipline, suspension or discharge; otherwise, the same will be considered and agreed to have been made for just cause.
SECTION III – WARNINGS
All warnings to an employee shall be given in writing and a copy of any such warning shall be given to the ASSOCIATION’s representative. If no grievance is made in writing to the BOROUGH to dispute such warning within ten (10) days of any such warning, it will be considered and agreed that the warning was justified.
ARTICLE VII
STRIKE AND LOCKOUTS During the term of this Agreement, the ASSOCIATION guarantees and assures the BOROUGH, on behalf of itself and each of its represented employees, that there will be no authorized strike, walkout, job action or interference with the regular functioning of the BOROUGH.
ARTICLE VIII
DEATH IN FAMILY LEAVE A. In the event of death in the employee’s immediate family, the employee shall be granted
time off without loss of pay from the day of death or the day of the funeral but in no event shall said leave exceed five (5) calendar days.
B. The “immediate family” shall include only husband, wife, child, parents, grandparents,
sister, brother or in-laws (mother, father, brother and sister) of the employee.
C. Reasonable verification of the event may be required by the BOROUGH.
D. Such bereavement leave is not in addition to any holiday, day off, vacation leave or
compensatory time off falling within the time of bereavement.
E. An employee may make a request of the Department Head or his designated
representative for time off to attend a funeral separate and distinct from bereavement leave. Such request, if granted by the Department Head or his designated representative shall be charged, at the option of the employee, either as a personal day or against accumulated compensatory time off.
F. Leave granted and taken under this Article shall be in full or half (1/2) day increments
only.
ARTICLE IX
HOLIDAYS / PERSONAL DAYS SECTION I – HOLIDAYS
A. Paid holidays shall be:
New Year’s Day;
Martin Luther King, Jr.’s Birthday; (Celebrated on the third Monday in January);
Lincoln’s Birthday shall be celebrated on “President’s Day”(Celebrated on the third Monday in February);
Good Friday;
Easter Sunday (Police Dispatchers Only);
Memorial Day;
Independence Day;
Labor Day;
General Election Day;
Veteran’s Day;
Columbus Day (Dispatchers Only)
Thanksgiving Day and the Friday after Thanksgiving;
One-half (1/2) day Christmas Eve (Municipal Office & D.P.W. Only);
Christmas Day;
One-half (1/2) day New Year’s Eve (Municipal Office & D.P.W. Only):
“Old” Floating Holiday (Police Dispatchers only)
· “New” Floating Holiday - to be scheduled each year in exchange for “Washington’s Birthday”, beginning in the year 2004 following discussion between management and the leadership of the P.L.B.E.A. Floating Holiday not implemented in year 2003 because of the delay in arriving at a negotiated agreement and because “Washington’s Birthday” had already been celebrated in its place.
· D.P.W. has agreed to surrender their “Columbus Day” Holiday in exchange for the Day after Thanksgiving, beginning with the year 2003.
B. Employees in the Municipal Office, the D.P.W. and the Police Dispatchers shall receive
their birthday as a paid holiday.
C. If a paid holiday falls on Saturday, the preceding Friday shall be considered a holiday.
If the holiday falls on a Sunday, the following Monday shall be considered a holiday.
SECTION II – PERSONAL DAYS
Each employee shall receive, in addition to holidays set forth herein, three (3) personal days which shall be determined by the employee and approved in advance by his/her supervisor.
SECTION III – PROCEDURES FOR PERSONAL DAY USAGE
A. Personal days may be used for any purpose that the employee chooses. Personal days
must be scheduled in advance and approved by the appropriate department head or designee of the employee requesting same, except in cases or emergency, which decision shall be in the sole discretion of the department head or designee, but not unreasonably withheld. Except in emergency situations as set forth above, personal days must be scheduled a least seventy-two (72) hours in advance and may not be taken without the written approval of the appropriate department head or designee, which approval shall not be unreasonably withheld.
B. If an employee is notified of an emergency situation, the determination of which is in
the sole discretion of the employee’s department head or designee who shall not unreasonably deny same, while on the job and the employee desires to use a personal day to handle the emergent matter, the employee must notify the appropriate department head or designee and may take a personal day upon receiving permission. The employee must either sign or punch out as required by their position.
C. The provisions set forth in Article XIII, C6 and C7 shall apply to this Article.
D. Personal days shall be used in full or half (1/2) day increments only. Under emergency
Each employee shall be entitled to one (1) working day vacation for each month up to and including December 31st next following such date of appointment; twelve (12) working days for each succeeding year up to and including five (5) years of service; fifteen (15) working days in each succeeding year up to and including ten (10) years; eighteen (18) working days in each succeeding year up to and including fifteen (15) years of service; twenty (20) days in each succeeding year up to and including twenty (20) years of service. In addition, there shall be paid one (1) day for each year of service in excess of twenty (20) years of service to a maximum of twenty-five (25) days.
When, in any year, the annual vacation leave or any part thereof is not granted and taken by reason of the pressures of work, such annual vacation leave or part thereof not granted and taken shall accumulate to the credit of the individual employee, and shall be granted and may be taken during the next succeeding year only. When the employee’s vacation entitlement based upon continuous service changes during the calendar year, the additional annual entitlement shall be granted at the beginning of the calendar year in which the change takes place.
Before any employee shall take vacation, the employee shall receive prior written approval from their department supervisor, if they are in a department that has a supervisor; or, if they are the supervisor of the department, or there is no supervisor of the department, they then must receive prior written approval from the Mayor or Administrative Aide or Borough Administrator or designee of the Mayor and Council. All requests for vacation must be directed to the supervisor or Mayor or Administrative Aide or Borough Administrator or the Borough’s designee, as designated above prior to the time requested for vacation. Such requests shall not be unreasonably denied. Failure to obtain
said approval and the subsequent taking of a vacation will result in disciplinary action. The written approval or denial of the vacation request shall be given to the employee within five (5) days of receipt of the request by the supervisor or Mayor or Administrative Aide or Borough Administrator or Borough’s designee.
Vacation days shall be used in full or half (1/2) day increments only.
ARTICLE XI
TERMINAL LEAVE
Upon application for retirement and if qualified therefor, each full-time employee shall receive fifteen (15) working days Terminal Leave after fifteen (15) years of employment with full wages and benefits, thirty (30) working days Terminal Leave after twenty (20) years of employment with full wages and benefits, and sixty (60) working days Terminal Leave after twenty-five (25) years of employment with full wages and benefits. Terminal Leave shall commence so that the effective date of a full-time employee’s retirement shall coincide and be the same day as the last day of Terminal Leave, and the employee shall not be required to report for or perform any duties during such period of Terminal Leave. All employees hired on or after January 1, 1994 shall not be entitled to the benefits of this Article. Current employees shall continue to receive the benefits of this Article.
ARTICLE XII
JOB CONDITIONS
SECTION I – TRANSFERS
Transfers within departments will be at the discretion of supervision, subject to bidding procedures, departmental policy and Civil Service Rules and Regulations.
SECTION II – CLOTHING ALLOWANCE
For calendar years 2002,2003,2004,2005 and 2006; each Department of Public works employee shall receive the sum of $425 per year as an allowance for uniforms per year for the life of the Agreement. The BOROUGH shall provide, in addition to the clothing allowance mentioned above, safety gloves, safety vests, safety glasses, rain gear and rain boots. The BOROUGH shall design tee shirts and sweatshirts for the years 2003,2004,2005 and 2006. It is agreed that the design of said garments is to include the choice of the color of the tee shirts and sweatshirts. It is further agreed that the color shall be a bright color intended to insure the safety of the employees. The Department of Public Works employees are required to purchase and wear such tee shirts or sweatshirts during working hours. In addition, the employees shall wear steel-toed safety shoes at all times which are to be purchased by the employees. The employee shall wear long pants at all times while on duty. The clothing allowance shall be paid by voucher no later than January 31st of each year.
The BOROUGH will provide Police Radio Dispatchers, Records Clerks and Parking Violations Clerks a clothing allowance of $425.00 per year for uniforms, retroactive to January 1, 2002 and for each year of this contract. Uniform allowances shall be payable before the first pay period after the budget is adopted.
SECTION III – JOB DESCRIPTION
A job description for every employee shall be prepared by the head of each department and shall be approved by the BOROUGH COUNCIL.
SECTION IV – REPLACEMENT AND REASSIGNMENT
No employee shall be replaced on his or her job for more than four (4) hours at one time provided an employee in the proper classification is available. Nothing is to prevent supervision from placing an employee on the job for any length of time where there is no work in his or her classification in the Department of Public Works.
SECTION V – ADDITIONAL ITEMS
No substantial changes in working conditions or assignments shall be made without notification to employees affected and the Association. Nothing in this Article shall be construed to grant any further rights to the employee or ASSOCIATION other than notice.
ARTICLE XIII
SICK LEAVE A. Employees will be granted sick leave in accordance with the Rules and Regulations
issued pursuant to the Civil Service Act. In addition, all full-time employees, upon retirement, death or voluntary separation from the employ of the BOROUGH shall receive one (1) day of terminal leave for each two (2) days of sick leave accumulated since 1969.
B. Sick days are not to be used for personal purposes or for personal business.
C. The parties to this Agreement do hereby agree to the following policy/procedures for
sick leave usage:
1. Regular and punctual attendance of employees is essential for the efficient
operation of the business of the BOROUGH. For purposes of this policy, sick days are hereby defined as days for personal illness or injury of the employee, exposure to contagious disease (subject to doctor-written confirmation), care of, for a reasonable period of time, a seriously ill member of the employee’s family member (parents, spouse and children): and, in the case of a handicapped employee, for absences related to the acquisition or use of an aid for the handicapped employee when the aid is necessary to function on the job.
2. Unsatisfactory attendance will include abuse of sick leave; excessive
absenteeism; absences that precede or follow regularly scheduled days off or holidays; and excessive tardiness as defined below. An abuse of sick leave shall occur when an employee takes sick leave without medical proof, when required. If the BOROUGH requires medical certification of illness, it shall pay the cost of the employee’s medical examination. In such circumstances, however, the BOROUGH reserves the right to require that the employee be examined by the BOROUGH’s physician. Abuse of the attendance policy may be cause for disciplinary action.
3. Excessive tardiness shall be defined as any permanent, full-time employee or
permanent part-time employee who is late more than ten (10) minutes from the starting time at least three (3) or more times in any one calendar year without authorization from the DPW department head or designee, or justification by the employee as to why he was tardy. Such tardiness will be subject to progressive disciplinary action according to the following schedule:
4 times in any one calendar year: documented oral warning
5 times in any one calendar year: one-day suspension
6 times in any one calendar year: three-day suspension
7 times in any one calendar year: five-day suspension
8 times in any one calendar year: termination of employment
4. When taking a sick day, DPW employees must notify the DPW department head
or designee and all other employees their department head or designee, prior to starting time, if they are going to be absent on a particular day. If there is no supervisor available at the DPW garage or in the employee’s department, the employee must notify the police dispatcher. Futhermore, if an employee takes a sick day before or one (1) day after an approved vacation or scheduled holiday as designated in this Agreement, the BOROUGH may, at its own expense, request, in writing, a doctor’s note (whether from the BOROUGH physician or the employee’s physician) be provided by the employee within (10) calendar days of the request substantiating the employee’s absence from work due to illness. Failure to produce a doctor’s note within the time period set forth herein will result in denial of sick pay for the day in question.
5. If an employee encounters a situation which requires the taking of a sick day, as
defined in this Article while on the job, the employee must notify the DPW department head or designee or, for employees other than the DPW employees, the Administrative Aide or his designee, of the intent to take a sick day and the reasons. The appropriate department head or designee will arrange for transportation of the employee back to the employee’s reporting station, if necessary, to either sign out or punch the time clock. The employee may then take the sick day.
6. Any permanent full-time employee or permanent part-time employee who is
absent from duty for one (1) work day without authorized leave may be docked pay for the day he or she was absent without leave. On the second offense, the employee may be subject to suspension from work and suspension of pay for up to three (3) days. For a third such offense, the employee may be subject to suspension from work and suspension of pay for up to five (5) days. For a fourth or subsequent offense, the employee may be subject to suspension from work and suspension of pay for more than five (5) days in length and /or termination, subject to the applicable circumstances.
7. None of the policies set forth herein preclude the affected employee and/or the
POMPTON LAKES BOROUGH EMPLOYEES ASSOCIATION from exercising their rights to grieve, dispute, litigate and/or appeal, through the collective bargaining agreement or other available legal means, the effect of BOROUGH decisions based on these policies. Furthermore, the policies set forth herein do not abrogate the BOROUGH’s responsibility to follow the dictates, rules and/or regulations of the New Jersey State Department of Personnel as to discipline of employees based upon these policies.
8. Sick days may be taken in full or half (1/2) day increments only. In emergency
situations, at the discretion of the employee’s supervisor, an employee may be permitted to use emergency leave on a time for time basis, which shall be made up within ten (10) days.
ARTICLE XIV
MANAGEMENT RIGHTS
A. The BOROUGH OF POMPTON LAKES hereby retains and reserves unto itself,
without limitation, all powers, rights, authority, duties and responsibilities conferred upon and vested in it prior to the signing of this Agreement by the laws and constitution of the State of New Jersey and of the United States, including, but without limiting the generality of the foregoing following rights:
1. The executive management and administrative control of the Borough
Government and its properties and facilities and activities of its employees utilizing personnel methods and means of the most appropriate and efficient manner possible as may from time to time be determined by the BOROUGH.
2. To make rules of procedure and conduct, to use improved methods and
equipment, to determine work schedules and shifts, as well as duties, to decide the number of employees needed for any particular time and to be in sole charge of the quality and quantity of work required.
3. The right of management to make such reasonable rules and regulations as it
may from time to time deem best for the purpose of maintaining order, safety and/or the effective operation of the Department after advance notice thereof to the employees to require compliance by the employees is recognized.
4. To hire all employees, whether permanent, temporary or seasonal, to promote,
transfer, assign, or retain employees in positions within the BOROUGH.
5. Nothing contained herein shall prohibit the BOROUGH from contracting out
any work.
6. To lay off employees in the event of lack of funds or under conditions where
continuation of such work would be inefficient and non-productive.
7. The BOROUGH reserves the right with regard to all other conditions of
employment not reserved to make such changes as it deems desirable and necessary for the efficient and effective operation.
B. In the exercise of the foregoing powers, rights, authority, duties and responsibilities of
the BOROUGH, the adoption of policies, rules, regulations, code of conduct and practices in the furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this Agreement and then only to the extent such specific and express terms hereof are in conformance with the constitution and laws of New Jersey and of the United States.
C. Nothing contained herein shall be construed to deny or restrict the BOROUGH of its
rights, responsibilities and authority under R.S. 40A:1-1 et. seq. or any national, state or local ordinances or override Civil Service.
D. The parties recognize that the exercise of managerial rights is a responsibility of the
BOROUGH on behalf of the taxpayers and that the BOROUGH cannot bargain away or eliminate any of its managerial rights. No grievance may be filed under this Agreement which in any way interferes with, undermines or restricts the exercise of any managerial executives of supervisory personnel.
A. Active eligible employees shall receive those medical benefits listed below,
which may be limited by the type of plan coverage being accepted by the employee. The benefits provided are:
BLUE CROSS
BLUE SHIELD
RIDER “J” COVERAGE
MAJOR MEDICAL
PREFERRED PROVIDER ORGANIZATION (PPO)
HEALTH MAINTENANCE ORGANIZATION (HMO)
PRESCRIPTION (where applicable)
$15,000.00 LIFE INSURANCE COVERAGE
B. The BOROUGH retains the right to change insurance carriers so long as
compatible benefits are provided.
C. Upon retirement from the BOROUGH, after twenty-five (25) years of service,
each employee shall receive those medical insurance benefits that he or she would be receiving if he or she were an employee until he or she reaches the age to qualify for Medicare coverage. The benefits provided are:
BLUE CROSS
BLUE SHIELD
RIDER “J” COVERAGE
MAJOR MEDICAL
$15,000.00 LIFE INSURANCE COVERAGE
ARTICLE XVII
SALARIES
A. All members of the ASSOCIATION employed as of December 31, 2001, 11:59 p.m.,
except as set forth in Paragraph B below, shall receive the following percentage (%) increases added to their base salary as of December 31, 2001, 11:59 p.m., beginning on January 1, 2002 and on the first day of each subsequent year as set forth:
2002 2003 2004 2005 2006
3.9% 3.9% 3.9% 3.9% 3.9%
A list of the applicable titles is set forth in Schedule A.
B. Any member of the ASSOCIATION who was employed full-time as of December 31,
1996, 11:59 p.m., and who had a salary less than $21,500.00 per annum, shall receive a base pay adjustment effective January 1, 1997 to $21,500.00 per annum. Thereafter, they shall receive in each subsequent year beginning in 1998 increases during the term of the agreement as set forth in Paragraph A above.
C. Any full-time employee who is a member of the ASSOCIATION and who was hired on
or after January 1, 1997, shall receive a starting salary of $21,500.00 in their first year of employment and shall thereafter, in each subsequent year, receive increases during the term of the agreement as set forth in Paragraph A above.
D. Part-time dispatcher, regardless of date hired, shall receive the following hourly rates:
$15.59 $16.19 $16.82 $17.48 $18.16
E. Any individual who is promoted by the BOROUGH to a position higher than what they
were previously working/assigned, either on a provisional or permanent basis, shall receive three (3%) percent more money than they were receiving at the time of the promotion plus any percentage increase which would be given for that new position during any calendar year in which the promotion is made. For example, for a laborer making $22,000.00 goes to the next highest position, he would be entitled to $22,600.00 plus whatever percentage increase awarded that year pursuant to the collective bargaining agreement in the applicable year(s). The differential shall be paid to the individual so long as they are in the promotional position, whether on a provisional and/or permanent basis. The promotional differential increase shall become effective on the date of promotion.
ARTICLE XVIII
OVERTIME The BOROUGH agrees to enforce solely 29 U.S.C. 207 et. seq. concerning overtime payments to bargaining unit members.
The BOROUGH will endeavor to distribute separate checks for overtime on a bi-weekly basis, as soon as this Agreement is executed by both parties. This provision shall be adopted only as allowed by law.
ARTICLE XIX
DISABILITY COMPENSATION EFFECTIVE January 1, 1993, employees covered by this Agreement shall be provided with a Disability Compensation program. The type of program and level of coverage shall be as presently defined in the New Jersey State Temporary Disability Insurance Program. The BOROUGH and each individual employee covered by this Contract shall each pay one-half of the cost of the plan for that employee upon its implementation and throughout the term of coverage. The individual employee’s share shall be paid through a payroll deduction or by direct billing to the employee by the BOROUGH.
ARTICLE XX
DISCRIMINATION AND COERCION A. The employer and the ASSOCIATION agree that there shall be no discrimination
against any employee because of race, creed, color, religion, sex, national origin or political affiliation.
B. The employer and the ASSOCIATION agree that all employees covered under this
Agreement have the right without fear of penalty or reprisal to form, join and assist any employee organization or to refrain from any such activity. There shall be no discrimination by the employer or the ASSOCIATION against any employee because of the employee’s membership or non-membership or activity or non-activity in the ASSOCIATION.
ARTICLE XXI
UNION ACTIVITY A. The ASSOCIATION president or designee shall be permitted to conduct union business
during his work time and/or during the work time of the affected employee so long as it does not interfere with the normal operations of the BOROUGH.
B. When conducting meetings concerning union business during employee’s working
hours, the ASSOCIATION shall follow these conditions:
(1) The ASSOCIATION shall first obtain permission from the BOROUGH
Administrator, Administrative Aide or designee of the Mayor and Council, Chief of Police or other appropriate BOROUGH designee for the employee to meet with the ASSOCIATION president or designee so as to ensure adequate operational coverage. Such permission shall not be unreasonably withheld.
(2) Such meetings for the conducting of union business during work time will be
conducted out of view of the public. The BOROUGH will provide space out of the public’s view for such meetings.
(3) The ASSOCIATION shall limit such meetings to fifteen (15) minute duration,
excluding such meetings as are held during the employee’s break time or lunchtime, except those meetings which are held in exigent circumstances.
(4) The ASSOCIATION president or designee shall generally meet with only one
(1) employee at a time when conducting meetings concerning union business during work hours (as set forth in paragraph (3) above), but where two (2) or more employees were involved in the same incident or set of events, rather than conducting multiple meetings with each involved employee, the ASSOCIATION will give notice to the BOROUGH and seek permission, which shall not be unreasonably withheld, to conduct one (1) fifteen (15) minute meeting with all employees involved in the event.
(5) Any employee involved in a union meeting conducted during their work time
shall make up the work time spent in the meeting within three (3) calendar days of the meeting.
C. These provisions concerning meetings for union business which are conducted during
employees’ work time shall not apply to meetings conducted before or after the employees’ work time, during employees’ breaks or lunch hours, or while the involved employees are off for any reason. The ASSOCIATION president (or designee) shall not be prohibited at any time from any to the BOROUGH’s buildings where ASSOCIATION members are located.
D. Either party may refer an alleged violation to the grievance procedure set forth in this
Agreement.
ARTICLE XXII
SEPARABILITY AND SAVINGS If any provision of this Agreement or any application of this Agreement to any employee or group of employees is held to be contrary to law, then such provision or application shall not be deemed valid and subsisting, except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect.
ARTICLE XXIII
PERSONNEL FILES
A. A personnel file shall be established and maintained for each employee covered
by this Agreement. Such files are confidential records and shall be maintained in the office of the Borough Administrator, Administrative Aide or designee of the Mayor and Council, and/or Chief of Police, and may be reviewed by the Mayor and/or Governing Body. There shall be only one (1) official personnel file for each of the members of the Association. All official documents shall be placed in that file only.
B. Upon advance notice and at reasonable times, any employee may at any time
review his personnel file only. However, this appointment for review must be made through the Chief of Police, Borough Administrator, Administrative Aide or his designated representative and the Chief of Police, Borough Administrator and/or designee shall be present during such review.
C. Whenever a written complaint concerning an employee or his actions is to be
placed in his personnel file, a copy shall be made available to him and he shall be given the opportunity to rebut it if he so desires, and he shall be permitted to place said rebuttal in his file. When the employee is given a copy of the complaint, the identification of the complainant shall be excised. Copies of a written complaint against any employee covered by this Agreement shall also be given to an officer of the Association.
D. All personnel files will be carefully maintained and safeguarded permanently,
and nothing placed in any file shall be removed therefrom unless the Chief of Police or Borough Administrator in his sole discretion decides to remove a past disciplinary action. Removal of any material from the personnel file by any member of the bargaining unit shall subject that employee to appropriate disciplinary action.
E. Only disciplinary citations arising out of Paragraph D shall be subject to the
F. Each employee shall be supplied with a written certification from the
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