1
 AGREEMENT
BETWEEN
THE CITY OF GLOUCESTER CITY
AND
FIREMEN’S MUTUAL BENEVOLENT ASSOCIATION
LOCAL NO. 51
Gloucester City Professional Firefighters
JANUARY 1, 2004 THROUGH DECEMBER 31, 2008
TABLE OF CONTENTS |
| ARTICLE DESCRIPTION PAGE |
| AGREEMENT 4 |
I PURPOSE 5
II EMPLOYEE REPRESENTATIVE 6
III GRIEVANCE PROCEDURE 7-9
IV NON-DISCRIMINATION 10
V BULLETIN BOARD 11
VI MANAGEMENT RIGHTS 12-13
VII STRIKES 14
VIII HOLIDAYS 15
IX VACATIONS 16
X SICK LEAVE 17
XI FUNERAL LEAVE 18
XII INJURY LEAVE 19
XIII CONDUCTING ASSOCIATION BUSINESS 20
XIV LEAVES OF ABSENCE 21
XV LIMITATIONS OF LEAVE 22
XVI NORMAL DUTIES 23
XVII SALARIES 24
XVIII OVERTIME 25-26
XIX LONGEVITY 27
XX WORK IN HIGHER RANK 28
XXI CLOTHING ALLOWANCE 29
XXII EDUCATIONAL ALLOWANCE 30-31 |
TABLE OF CONTENTS
(Continued)
 |
| ARTICLE DESCRIPTION PAGE |
XIII HOSPITALIZATION INSURANCE AND HEALTH
CARE BENEFITS 32
XXIV PROBATIONARY PERIOD 33
XXV CONTINUATION OF BENEFITS NOT COVERED
BY THIS AGREEMENT 34
XXVI SAVINGS CLAUSE 35
XXVII FULLY BARGAINED AGREEMENT 36
XXVIII TEMPORARY REPLACEMENTS 37
XXIX MAINTENANCE OF BENEFITS 38 |
| XXX RESPONSIBILITIES OF PARTIES 39 |
| XXXI ALL INCLUSIVE CONTRACT 40 |
| XXXII DURATION OF AGREEMENT 41 |
AGREEMENT
This Agreement entered into this 4th day of April 2005 by and between City of Gloucester City, in the County of Camden, a municipal corporation of the State of New Jersey hereinafter referred to the “City” and Fireman’s Mutual Benevolent Association Local # 51 duly appointed representative of the Fire Department of the City of Gloucester City, hereinafter called the “Association”, represents the complete and final understanding on all bargainable issues between the City of Gloucester and the Association.
ARTICLE I
PURPOSE
This Agreement is entered into pursuant of the provisions of Chapter 303, Laws of 1968 (N.J. Rev. Statue 34:13A - 5.1 at. seq.) of the State of New Jersey, to promote and insure harmonious relations, cooperation, and understanding between the City and employees; to prescribe the rights and duties of the City and employees, all in order that public service shall be expedited and effectuated to the best interest of the people of the City of Gloucester.
ARTICLE II
EMPLOYEE REPRESENTATIVE
A. Majority Representative
The City hereby recognizes the Association as the sole and exclusive negotiating agent and representative for all full time titles covered by The New Jersey Department of Personnel (DOP) and covered under the New Jersey Division of Pensions and Benefits under the Police and Fire Retirement System (PFRS), employed in the City of Gloucester City Fire Department, but excluding all supervisory and other personnel employed in the City of Gloucester City Fire Department and all other city employees. These titles shall be defined to include the plural as well as the singular and to include male and females. The use of the word employee throughout this agreement shall include all the titles listed in the article.
B. Fire Fighter/EMT (FF/EMT)
1. All employees shall hold rank and seniority as authorized under the contract and DOP rules and regulations.
C. Fire Prevention Specialist UFD
ARTICLE III
GRIEVANCE PROCEDURE
A. 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 employment under this agreement.
B. 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.
C. With regard to employees, the term grievance was used herein means an appeal by an individual employee or group of employees, from the interpretation, application, or violation of policies, agreements, and administrative decisions affecting them. With regards to the City, the term grievance as used herein means a complaint or controversy arising over the interpretation, application or alleged violation of the terms and conditions of this agreement.
With respect to employee’s grievance, no grievance may proceed beyond step four herein unless it constitutes a controversy arising over the interpretation, application or alleged violation of the terms and conditions of this agreement.
Grievance Procedure
Disputes concerning terms and conditions of employment controlled by statute or administrative regulation, incorporated by reference in this agreement, either expressly or by operation of law, shall not be processed beyond step four herein.
D. The following constitutes the sole and exclusive method of resolving grievances between the parties covered by this agreement, and shall be followed in its entirety unless any step is waved by mutual consent:
STEP 1:
The aggrieved or the Association shall institute action under the provisions hereof within five (5) calendar days after the event-giving rise to the grievance has occurred or knowledge thereof, and an earnest effort shall be made to settle the differences between the aggrieved employee and the Chief for the purpose of resolving the matter informally. Failure to act within five (5) calendar days shall be
deemed to constitute an abandonment of the grievance.
STEP 2:
If no agreement can be reached orally within five (5) days of the initial discussion with the Chief, the employee or the Association may present the grievance in writing within five (5) calendar days thereafter to the Chief or his designated representative. The written grievance at this step shall contain the relevant facts and a summary of the proceeding oral discussion, the applicable section of the contract violated, and the remedy requested by the grievant. The Chief or his designated representative will answer in writing within five (5) calendar days of receipt of the written grievance.
STEP 3:
If the association wishes to appeal the decision of the Chief, such appeal shall be in writing to the City Administrator within five (5) calendar days thereafter. This presentation shall include copies of all previous correspondence relating to the matter in dispute. The City administrator shall respond in writing or schedule a hearing or both to resolve the grievance with five (5) calendar days of the submission.
STEP 4:
If the Association wishes to appeal the decision of the City administrator, such appeal shall be in writing to the Mayor and Fire Committee within five (5) calendar days thereafter. This presentation shall include copies of all previous correspondence relating to the matter in dispute. The Mayor and Fire Committee shall respond in writing or schedule a hearing or both to resolve the grievance within ten (10) calendar days of the submission.
If the grievance is not settled through steps 1, 2, 3, 4, or 5 either party shall have the right to submit the dispute to arbitration pursuant to the rules and regulations of the Public Employee Relations Commission (P.E.R.C). The cost of the services of the arbitrator shall be borne equally by the City and the Association. Any other expenses, including but not limited to the presentation of witnesses, shall be paid by the parties incurring same.
E. The parties direct the arbitrator to decide, as a preliminary question,
whether he has jurisdiction to hear and decide the matter in dispute. The arbitrator shall be bound by the provisions of this agreement and the Constitution and Laws of the State of New Jersey, and be restricted to the application of the facts presented to him which are involved in the grievance. The arbitrator shall not have the authority to add to, modify, detract from, or alter in any way the provisions of this agreement or any
amendment or supplement thereto. The decision of the arbitrator shall be final and binding.
F. Upon prior notice to and authorization of the Mayor and Fire Committee the designated Association representatives shall be permitted as members of the grievance committee to confer with employees and City on specific grievances in accordance with the grievance procedure set forth herein during work hours of employees, without loss of pay, provided the conduct of said business does not diminish the effectiveness of the City of Gloucester City Fire Department or require the recall of off duty employees.
G. The time limits expressed herein shall be strictly adhered to. If any grievance has not been initiated within the time limits specified, then the grievance shall be deemed to have been abandoned. If any grievance is not processed to the next succeeding step in the grievance procedure within the time limits prescribed there under, the disposition of the grievance at the last preceding step shall be deemed conclusive. If a decision is not rendered within the time limits prescribed for decision at any step in the grievance procedure, then the grievance shall be deemed denied. Nothing herein shall prevent the parties from mutually agreeing to extend or contract the time limits for processing the grievance at any step in the grievance procedure.
H. In the event the aggrieved elects to pursue remedies available through the Department of Personnel, (Civil Service), the grievance shall be cancelled and the matter withdrawn from this procedure. It is agreed between the parties that no arbitration hearing shall be held until the expiration of at least thirty (30) calendar days after the decision rendered by the Mayor and Fire Committee on the grievance. In the event the grievant pursues his remedies through the Department of Personnel, (Civil Service), the arbitration hearing, if any, shall be cancelled, and the filling fees and expenses incurred thereby shall be paid by the grievant or the Association.
ARTICLE IV
NON-DISCRIMINATION
A. The City 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 City 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, outside hours of work.
ARTICLE V
BULLETIN BOARD
The Association shall have the use of the bulletin board located in the Fire Department Headquarters or other station where members are assigned for a tour of duty for the use of notices relating to meetings, official business, activities and information of and about the Association.
ARTICLE VI
MANAGEMENT RIGHTS
A. The City of Gloucester City hereby retains and reserves unto itself, with limitation as per the Association contract and agreement with the Association, 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 the United States, including but without limiting the generality of the foregoing, the following rights:
1. The executive management and administrative control of the City Government and its properties and facilities and activities of its employees by utilizing personnel, methods and means of the most appropriate and efficient manner possible as may from time to time be determined by the City.
2. To make rules of procedure and conduct, to use improved methods and equipment, to determine work schedules and shift, 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 rights of management to make, maintain and amend 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 and subject to the provisions of law, to determine their qualification and conditions of continued employment, or assignment and to promote and transfer employees.
5. To suspend, demote, discharge or take any other appropriate disciplinary action against any employee for good and just cause according to law.
6. The City reserves the right with regard to all other conditions of employment not reserved to make changes as it deems for the efficient and effective operation of the department.
B. In the exercise of the foregoing powers, rights, authority, duties and responsibilities of the City, the adoption of policies, rules, regulations and practices and the furtherance thereof and the use of judgment and discretion in connection therewith, shall be limited only by the Association contract and to the extent that the specific and express terms thereof shall be 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 City of its rights, responsibilities and authority under R.S. 40A, or any other national, state or local laws or regulations.
D. The City agrees that it will not establish new work rules or regulations or modify or amend existing work rules or regulations governing wages, hours, working conditions or any other Article of this agreement, without prior consultation with the steward.
ARTICLE VII
STRIKES
The Association and employees assure and pledge to the City that their goals and purpose are such as to not permit strikes by employees, nor work stoppages, slowdowns, or any other such method which would interfere with service to the public or violate the Constitution and laws of the State of New Jersey; and the Association employees will not permit such activities nor encourage other employees to initiate the same; and the Association and employees will not support anyone acting contrary to the provisions.
ARTICLE VIII
HOLIDAYS
A. 1. Holiday pay shall be paid at the straight time hourly rate of the employee and payment shall be made twice yearly. On the first pay in June, members shall be paid for (sixty) 60 hours, and on the first pay December, members shall be paid for (eighty-four) 84 hours. Payment shall be made by single check, not to be combined with any other pay.
2. All employees shall accrue holiday pay as follows:
Years of Service | Holiday Pay |
1st Year | 88 Hours |
2nd Year | 102 Hours |
3rd and 4th Years | 116 Hours |
5th Year | 130 Hours |
6th and Subsequent Years | 144 Hours |
B. Whenever an employee dies having credit any annual leave or holiday pay, properly accumulated, they should be calculated and paid to their estate a sum of money equal to the compensation which would have been received by the employee if they had lived.
ARTICLE IX
VACATIONS
A. All Employees shall earn vacation leave as follows:
Years of Service | Hours |
1st Year | 96 |
2nd Year | 108 |
3rd and 4th Years | 120 |
5th Year | 140 |
6th - 10th Years | 166 |
11th - 18th Years | 222 |
19th and Subsequent | 278 |
B. All vacations shall be scheduled in accordance with seniority. At no time shall any more than two (2) employees be authorized to be on leave subject to the Chief's discretion to increase the number to four (4) during the same twenty four hour tour of duty.
C. In case of an emergency, which is declared by the Mayor in writing, vacation may be limited to one (1) employee and at a time. Only after every effort has been exhausted, shall vacation be limited. If an emergency does arise, members not able to use vacation time as selected shall have the option to either carry time over to the next year, or sell back to the City as outlined in section E.
D. The City will buy back-unused vacation days on an hour for hour basis with approval of the Chief and the City Administrator. Vacation days may be sold at any time during the year and paid by single check, not to be combined with any other pay.
ARTICLE X
SICK LEAVE
A. Sick leave is hereby defined to mean absence from post of duty by an employee because of illness, exposure to contagious disease, or the attendance by an employee upon a member of his/her immediate family, seriously ill requiring the care or attendance of such an employee.
B. An employee who shall be absent from work for three (3) or more days for a reason spelled out in Section A. above, will at the discretion of the Chief, be required to submit acceptable medical evidence substantiating the illness.
C. In case of sick leave because of exposure to contagious disease, a certification from the City doctor shall be required at the City's expense.
D. 1. Sick leave shall accrue for all regular full time employees as in the table below. Sick leave hours shall accrue, prorated, in every calendar year of employment and shall accumulate year to year. Sick leave shall be allowed to be utilized in 12 hour increments.
Years of Service | Hours |
1st -4th Years | 120 Yearly |
5th and Subsequent | 140 Yearly |
E. 1. If an employee accumulates six hundred (600) sick time, which shall be called a bank, the employee shall be entitled to sell back to the City unused sick days from the prior year, at 100% value, but not to exceed one hundred eighty (180) hours sick time. When an employee retires, he shall receive at fifty (50%), one lump sum payment of all accumulated sick time hours, to a maximum of two thousand four hundred (2,400) hours of sick time at the employee's base rate of pay (defined as base salary plus longevity) at the time of retirement.
2. All employees hired after the Jan. 1, 1995 Agreement shall have a maximum sick time sell-back at the time of retirement of $15,000.00, with the sick time hourly rate to be based on the employee's rate of pay (defined as base salary plus longevity) at the time of retirement.
3. Members wishing to sell back sick time shall submit request forms by January 15. Payment shall be made on the first pay in February by single check and not to be combined with any other pay.
Article XI
FUNERAL LEAVE
A. In the event of the death of an employee's spouse, mother, father, child (including foster and step-children), grandparents, father-in-law, mother-in-law, brother, sister, or relative living in the employee's household, the employee shall be granted time off without loss of pay for a maximum period of forty eight hours (48), from the day of death up and until the funeral.
B. Funeral leave may be extended beyond the forty eight hours (48) without loss of pay, at the sole discretion of the Chief.
C. The above shall not constitute sick leave and shall not be deducted from the employee's annual sick leave.
ARTICLE XII
INJURY LEAVE
A. Injury leave shall be granted with full pay to employees temporarily disabled through injury or illness arising as a result of and in the course of their respective employment. The statutes of the State of New Jersey and particularly the Worker’s Compensation Statutes under Chapter 15 of Title 34 of the revised Statutes shall govern said injury leaves for temporary disability. Said injury leave shall extend for the time periods set forth in said Statutes.
B. Any amount of salary or wages paid or payable to employees because of leave granted pursuant to section A. above shall be reduced by the amount of any Worker's Compensation award under Chapter 15 of Title 34 of the revised statutes made for disability because of the same injury or illness requiring such leave. It is the intention of the City to supplement any temporary disability payments made under Worker's Compensation to employees so that said employees receive their full salary or wage. Upon the cessation of payment of temporary disability by the carrier to the employee, the City supplemental payment will also cease and the employee will be expected to return to work.
C. If an employee is injured on the job or becomes ill as a result of his job, the City may, at its sole discretion, extend the injury leave period, without pay beyond the one (1) year limitation.
ARTICLE XIII
CONDUCTING ASSOCIATION BUSINESS
A. The City agrees to grant time without loss of regular straight time pay to the Executive Delegate of the Association, (or appointed alternate), and President for the purpose of attending the regularly scheduled meetings of the State Association provided that at least seventy-two (72) hours written notice is given to the Chief. This shall be allowed provided that no more then one scheduled employee is off for this purpose. The Association shall designate, at the beginning of each year, the Executive Delegate and the President. It is specifically understood that the employee designated under this section shall not switch tours in order to receive pay for the purpose of attending said meetings under this section; and it is also understood that if any meetings occur on a non-scheduled period, the employee will receive no pay. It is provided further that the granting of such leave shall not interfere with the operation of the Fire Department of the City. The number of meetings for which time off without loss of regular straight time
Pay shall be granted shall not exceed one (1) per month.
B. During and for negotiations, the Association representatives so authorized by the Association, not to exceed four (4), shall be excused from their normal duties for such periods of negotiations as may be agreed upon by the parties. Such excused individuals, however, shall be available for duty in the event that the need arises.
C. The City agrees to grant time off for conventions pursuant to N.J.S.A. 11:26C-4; with the State Delegate and the President being off four (4) days, (total time of convention meetings), or their alternates and two (2) other chose delegates three (3) days off
ARTICLE XIV
LEAVES OF ABSENCE
A. Leaves of absence may be granted by the governing body.
B. Military Leave
Shall be granted according to NJ Department of Personnel (NJDOP), Rule 4A: 6-1.11. and any and all state and federal laws that apply to this leave.
C. Special Leave
Employees shall be permitted to exchange a tour of duty or a portion thereof with another member of the Fire Department, with approval of the Chief. At no time will the City be held responsible for any additional cost to those members agreeing to exchange of tours.
D. Jury Duty
Should an employee be required to serve as a juror, he/she shall receive full pay from the employer for all time spent on jury duty.
ARTICLE XV
LIMITATIONS OF LEAVE
A. No leave of absence or combination of leaves of absences including funeral, special leave, etc. shall exceed one (1) year. In case of continuous absence from duty of any employee, of more than one (1) year duration said employee so absent shall be automatically retired from the department on the first anniversary date from the date said absence began, except when the leave period is extended at the sole discretion of the City.
B. Any employee absent from duty for a period of more than one (1) year on sick leave, because of sickness from any contagious disease, or condition resulting from said employee’s line of duty, will be reviewed by the City’s Physician and the employee’s Physician, for the possible retirement or extension of leave by the City pursuant to Article XII, Section
C.
C. Any employee absent from duty for a period of more than one (1) year on injury leave because of injury received while on duty, will be reviewed by the City, Association Committee, and said employee, with reports from City Physician and employees Physician, to determine the abilities of employee to return to active duty with the department or the possible extension or retirement of said employee in pursuant with Article XII, Section C
ARTICLE XVI
NORMAL DUTIES
A. Employees shall not be required to perform duties normally performed by the Police Department, or any other agency, bureau, or department, or divisions of any such agency, bureau, or department.
ARTICLE XVII
SALARIES
A. The City agrees employees shall be paid weekly, by single check, not combining bonus pay, holiday pay, clothing maintenance allowance, etc., and that pay checks shall be in a sealed envelope.
B. The salary schedule for employees shall be as follows:
| 2004 | 2005 | 2006 | 2007 | 2008 |
| 1st Year | 33,937.41 | 35,694.13 | 37,050.51 | 38,458.43 | 39,919.85 |
| 2nd Year | 37,794.62 | 39,697.91 | 41,206.43 | 42,772.28 | 44,397.63 |
| 3rd Year | 41,651.83 | 43,701.70 | 45,362.36 | 47,086.13 | 48,875.40 |
| 4th Year | 45,508.00 | 47,704.40 | 49,517.17 | 51,398.82 | 53,351.97 |
| 5th Year | 49,365.20 | 51,708.18 | 53,673.09 | 55,712.67 | 57,829.75 |
| 6th Year | 54,825.08 | 57,375.54 | 59,555.81 | 61,818.93 | 64,168.05 |
C. Salaries above include all incremental increases or base rollover set forth in the previous sections of this agreement. This conversion shall apply to all employees beginning their 6th year of employment.
D. Hours of Work
All line employees of the Fire Department shall work a 24/72hour work schedule. A shift shall be twenty-four (24) hours. A normal tour will consist of one (1) shifts followed be three (3) days off duty. This will average a forty two (42) hour workweek over the course of a year.
E. Staff Assigned Employees
All staff assigned employees shall work 4 (four) 10.5 hours (Ten and one half hour) days. This shall be equal to all other departmental members’ workweek of 42 hours a week.
F. Fire Prevention Specialist/UFD
Shall receive 4% in excess of the Firefighter/EMT at each grade of the scale.
ARTICLE XVIII
OVERTIME
A. Overtime shall be calculated based upon a 168 hour, 28-day work cycle. Employees shall be entitled to receive overtime pay at the rate of 1-1/2 times their regular hourly rate of pay for all "hours worked" in excess of 168 hours in a 28 day work cycle. "Hours worked" shall include only actual time worked and approved vacation time. Up to six (6) days of annual attendance at one (1) day schools and long term schools (computed at one (1) day for each one (1) day school and one (1) day for each long term school) shall be considered as "hours worked” towards the 168-hour provisions for overtime purposes.
B. 1. If a bargaining unit member is recalled to duty for an emergency as declared by the Mayor, they shall be entitled to receive overtime pay for all hours worked during said recall calculated at 1-1/2 times the employee's regular hourly rate of pay regardless of the number of hours worked in any work cycle.
2. If a bargaining unit member is recalled to duty for training, they shall be entitled to receive overtime pay for all time spent in said training calculated at 1-1/2 times the employee's regular hourly rate of pay regardless of the number of
Hours worked in any work cycle.
3. If a bargaining unit member is recalled to duty for a working fire, they shall be entitled to receive overtime pay for all hours worked during said recall, with a minimum of two (2) hours at the overtime rate, calculated at 1-1/2 times the
employee's regular hourly rate of pay regardless of the number of hours worked in any work cycle.
4. If a bargaining unit member is recalled to duty for any reason while on vacation, they shall be entitled to receive overtime pay for all hours worked during said recall, in addition to another vacation day, calculated at 1-1/2 times the
employee's regular hourly rate of pay regardless of the number of hours worked in any work cycle.
C. Overtime shall be paid at the end of each cycle in a check separate from the normal pay. Said check shall be provided to the employee by the City no later than fourteen (14) calendar days following the end of each twenty-eight (28) day cycle.
D In the case of a recall for the purpose of alarms, "District-Alarms", which shall be an automatic recall and the recall of personnel by the Chief or the Career Officer in charge of the shift for other alarms or emergencies, employees shall receive compensation under the following conditions:
A. When recalled to duty, all employees must report to the On-Duty Career Officer and/or the Chief for orders.
B. When placed in service, employees will receive a two (2) hour minimum at the rate specified in Section B and thereafter hour-for-hour pay until released.
C. If a bargaining unit member is recalled for an incidental alarm, water rescue, and motor vehicle rescue, special operation assignment, and cover assignments, they shall be entitled to ½ hour overtime pay calculated at 1 ½ times the employee’s regular rate of pay regardless of the numbers worked in any work cycle. This shall be for the first ½ hour of service then revert back to 2 hour minimum rate. Additional language found in the departmental SOG covering this same topic.
2. If recalled for the purpose of training, employees shall receive a minimum of four (4) hours paid as specified in Section B above. If employees are held for more than four (4) hours of training, they shall receive hour-for-hour pay until released at the rate specified in Section B above.
E. The Chief shall attempt to distribute overtime on a fair and equitable basis.
F. Overtime for employees held on assignment past their normal relief time should be paid to the next quarter (1/4) hour.
G. Fire Prevention Specialist/UFD overtime would be any time in excess of scheduled work payable at the rate cited in the contract. Work could be as a Firefighter or as Prevention Specialist whichever type of work is called for at the said time.
ARTICLE XIX
LONGEVITY
A. Each employee covered under this agreement shall be compensated based upon the length of his or her service in the Gloucester City Fire Department as fixed and determined by the following schedule:
| After 5 Years | 2 percent longevity |
| After 10 Years | 2.5 percent longevity |
| After 15 Years | 3 percent longevity |
| After 20 Years | 5 percent longevity |
| After 24 Years | 7 percent longevity |
B. The aforesaid longevity payments shall be paid in equal weekly installments in addition to and at the same time as the base pay.
C. Said additional percentage of salaries shall be computed from the anniversary date of hiring.
ARTICLE XX
WORK IN HIGHER RANK
A. An employee assigned to serve, as a Line Officer or other covered title shall be paid at a rate of pay applicable to the title for which assigned, for the period assigned starting with the first day of assignment.
B. All acting positions shall be filled from the same rank. In the event no one from that rank is available, someone from the next lower rank shall be offered the position. Firefighters shall be offered acting positions in the event an Officer is not available. No officer shall work down in rank or as a Firefighter.
ATICLE XXI
CLOTHING ALLOWANCE
A. The City agrees to place $450.00 dollars of the clothing allowance into the base salary beginning with the year 2005.
B. At all times, the City will be responsible for replacing all damaged or worn uniforms, unless intentionally damaged by the employee. The employee shall be responsible for replacing the winter coat, belt, and other accessories.
C. The City will provide an initial issue for all new employees comprised of five (5) sets of uniforms (to include five (5) shirts and five (5) pants), 1 winter coat, and 1 pair of shoes, 1 belt, and 1 badge and any other items required by the Chief.
ARTICLE XXII EDUCATIONAL ALLOWANCE
A 1. Employees shall be entitled to six (6) courses, schools or classes per year, an educational allowance not to exceed a total of $1,250.00 per year.
2. Schools shall be selected by the employee and shall not include any training made mandatory by the Chief. Schools must be job related and will include any classes required to obtain a degree in Fire Science and/or Emergency Medical Service.
3. Any member signing up for school shall make every attempt to attend on off duty time. 1. Employees attending schools shall be given a maximum of 2 days off without loss of pay based upon the length of the course (i.e. an employee attending a one day school shall only be entitled to one day off without loss of pay). (2) Employees attending long term schools, such as Camden County Community College, shall be granted forty eight (48) hours per class off without loss of pay provided no one is on vacation or sick or injury leave, with the remainder of said attendance being during off duty hours and said day off for long term schools be limited to (48) hours off in any one (1) semester (Spring and Fall)
4. Attendance at said schools shall be at the discretion of the Fire Chief. Said approval shall not be unreasonably denied.
5. Employees shall be entitled to exchange shifts with other qualified employees in order to attend long-term schools, so long as said exchange does not create overtime.
B. All expenses and tuition are to be paid by the City. Payment shall be made to the school by the City whenever possible. Employees having expenses or tuition receipts shall be reimbursed within four (4) weeks from date submitted, provided that they have been approved and are turned in by the 20th of the month.
C. Accommodations shall be paid for schools where travel time is more than two (2) hours. Accommodations shall have a maximum of $50.00 per night and will not be deducted from section A. above.
1. Mileage reimbursement is authorized at the rate of .25 cents per mile if the employee utilizes his personal vehicle. Employees will not be entitled to a mileage reimbursement if a City owned vehicle is utilized.
D. Education Bonus:
1. The City will pay an incentive bonus of $350.00 to any employee with an EMT certification.
2. The City will pay an incentive bonus of $350.00 to any employee with a
hazardous material technician.
3. The City will pay an incentive bonus of $350.00 to any employee with a Fire Inspector or Fire Official certification.
4. The City will pay an incentive bonus of $350.00 to any employee with a Paramedic/Nurse’s certification.
5. Employees shall receive payment for only one (1) of the above incentive bonuses. Payment shall be made the first pay in April. Payment shall be made by single check and not combined with any other pay.
6. The City shall pay a one-time bonus of $500.00 for an Associates Degree earned from an accredited College or University. This payment shall be made within 10 working days of receipt of proof of graduation (i.e. diploma). No payment shall be made for Associate Degrees received prior to January 1, 1997.
7. The City shall pay a one-time bonus of $500.00 for a Bachelors Degree earned from an accredited College or University. This payment shall be made within 10 working days of receipt of proof of graduation (i.e. diploma). No payment shall be made for Bachelor Degrees received prior to January 1, 1997.
8. The City shall pay a one-time bonus of $500.00 for a Masters Degree earned from an accredited College or University. This payment shall be made within 10 working days of receipt of proof of graduation (i.e. diploma). No payment shall be made for Bachelor Degrees received prior to January 1, 1997.
ARTICLE XXIII
HOSPITALIZATION INSURANCE AND HEALTH CARE BENEFITS
A. Employees and their dependents shall be covered under a plan equivalent to or better than the New Jersey State Health Benefits Plan. Prior to any change in Health Benefits coverage the City shall provide the
Union Representatives with 60 days notice of such change.
B. Employees going on pension after twenty-five (25) years of service will be covered for hospitalization as defined in section A. above. Said employees shall remain in a pension status. At such time said pensioner becomes eligible for a Federal Program; they will be removed from the City’s group plan. A certificate of eligibility will be sent to retired employees annually.
C. The City agrees to retain Dental, Optical and Prescription Coverage for all employees and their dependents who shall retire after twenty-five (25) years of service. Provided the Member is of age fifty two (52). If the employee is younger then fifty two (52), the employee shall be permitted to purchase the covered benefits at one half (1/2) of the cost to the City until they reach the age of fifty two (52), at which time the City shall pick up the cost of the full coverage
D. The City agrees to provide family dental coverage through City selected carrier for all employees.
E. The City agrees to provide a family optical and prescription plan equal to that of other City unions and employees.
F. The City agrees to provide a prescription plan with $5.00 co-pay for generic medications and $10.00 for brand name medications to employees and dependents. The provider shall be a nationally based company.
G. There shall be no requirement for an employee to pay any cost of health insurance premiums.
H. Members who die as a result of a line of duty death shall be covered by the City for 6 months and then under the Cobra Plan for 18 months
 ARTICLE XXIV
PROBATIONARY PERIOD
A. New employees shall serve a probationary period for one (1) year. During said probationary period, they shall be paid as qualified first year employees. For the purpose of seniority and longevity, the original date of hire shall be used.
B. The Gloucester City Fire Department will utilize the following schedule for minimum training of new personnel:
1. All newly appointed employees will receive a minimum of six (6) weeks training prior to being assigned to work on a scheduled tour of duty. If a new member has completed FF-I prior to being hired and can demonstrate proficiency in the duties of their title, training time may be reduced to four (4) weeks at the discretion of the Chief.
2. These time frames constitute a benchmark for minimum requirements and can be extended by order of the Chief. At no time will they be reduced. The final decision concerning proficiency will be the sole discretion of the Chief. Failure of a newly appointed employee to successfully complete training within a twelve (12) week period will be reason for dismissal.
 ARTICLE XXV CONTINUATION OF BENEFITS NOT COVERED BY THIS AGREEMENT
All conditions not covered by this Agreement shall continue to be governed, controlled and interpreted by reference to the City’s Charter, ordinance and rules and regulations of the Fire Department of the City. Any present benefits, which are enjoyed by employees covered by this Agreement that have not been included in the contract, shall be continued.
ARTICLE XXVI
SAVINGS CLAUSE
Each and every clause of this Agreement shall be deemed separable from each and every other clause of this Agreement to the extent that in the event any clause or clauses shall be finally determined to be in violation shall be deemed of no force
And effect and unenforceable without impairing the validity and enforceability of the rest of the Agreement, including any and all provisions in the remainder of any clauses, sentence or paragraph in which offending language may appear, without agreement of both the City and Association.
ARTICLE XXVII
FULLY BARGAINED AGREEMENT
This Agreement represents and incorporates the complete and final understanding and settlement by the parties of all bargain able issues, which were or could have been the subject of negotiations. During the term of this agreement, neither party will require negotiating with respect to any such matter, whether or not covered by this agreement, and whether or not in the knowledge or contemplation of either or both parties at the time they negotiated or signed this agreement.
ARTICLE XXVIII
TEMPORARY REPLACEMENT
A. It is mutually agreed that a temporary replacement of an employees may be made, by the City, if it is determined that a unit employee will be incapacitated or unable to perform the required duties and responsibilities for a limited length of time.
B. It is also mutually agreed that the temporary replacement will be knowledgeable in the duties and responsibilities of fire fighting and emergency medical services.
C. The City agrees that the Association may collect union dues from temporary replacements by payroll deduction as set by the Association, but not to exceed the regular membership dues.
D. 1. Any temporary replacement that is made permanent after taking the required Department of Personnel test, with no stoppage of work time because of another temporary replacement working in said position will have for the purpose of seniority and longevity, the original start date used.
2. Any temporary replacement that passes the Department of Personnel test and is hired will have all temporary time used towards his probationary period so that no actual work time is lost in this process.
ARTICLE XXIX
MAINTENANCE OF BENEFITS
The City agrees that all benefits, terms, and conditions of employment not covered by this Agreement and relating to the status of members of the unit, shall be maintained at not less than the highest standards in effect at the time of the commencement of the collective negotiations leading to the execution of this Agreement.
ARTICLE XXX
RESPONSIBILITIES OF PARTIES
A. It is recognized that the need for continued and uninterrupted operation of the City’s departments and agencies is of paramount importance to the citizens of the community and that there should be no interference with such operations. Adequate procedures having been provided for equitable settlement of grievances arising out of this Agreement, parties hereto agree that there will not be and that the unit, it’s officers, members, agents or principals will not engage in, encourage, sanction or suggest strikes, slowdowns, lockouts, mass resignations, mass absenteeism, picketing, demonstrations, or other similar action which would involve suspension of or interference with normal work performance.
B. The City shall have the right to discipline or discharge any employee encouraging, suggesting, fermenting or participating in a strike, slowdown, picketing demonstrations, or other such interference.
C. It is the responsibility of the City and the Chief to maintain said building in which the Association members are assigned to a tour of duty in a reasonable fashion to the condition of furniture, equipment and supplies and the building, (inside and outside), so that living conditions will be as normal as for any other City employee’s area or place of work.
D. Needed major repairs and work, other than normal house duties of employees will be done by qualified contractors.
E. The City agrees to make repairs and correct any code violations in the fire station.
ARTICLE XXXI
ALL INCLUSIVE CONTRACT
This Agreement, in its entirety, contains all the benefits employees are entitled to, notwithstanding the established past practices in existence prior to this contract.
ARTICLE XXXII
DURATION OF AGREEMENT
This Agreement shall extend through December 31, 2008. Either party wishing to terminate, amend or modify such agreement must notify the other party in writing or in compliance with the Rules and Regulations of the Public Employment Relations Commission, Chapter 85, P.L.1977, Title 19, and Chapter 16.
This agreement shall remain in full force and effect during negotiations between parties beyond the date of expiration set forth herein until the parties have mutually agreed on a new agreement.
Gloucester City Professional Firefighters Union
FIREMEN’S MUTUAL BENEVOLENT ASSOCIATION LOCAL #51
Local President Michael E. Walters Date 4/4/05
Local Secretary Valerie A. McKinney Date 4/4/05
CITY OF GLOUCESTER CITY New Jersey
Mayor Thomas Kilcourse Date 4/4/05
City Representative Date
Attest Paul J. Kain Date 4/4/05
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