Contract Between
Middlesex Cty College-Middlesex
- and -
IBT Loc 11
* * *
07/01/2005 thru 06/30/2009

CategoryHigher Education
UnitBlue Collar, Other
Contract Text Below












AGREEMENT

BETWEEN

THE BOARD OF TRUSTEES

OF

MIDDLESEX COUNTY COLLEGE

AND


LOCAL #11

INTERNATIONAL BROTHERHOOD OF TEAMSTERS, (AFL-CIO)

July 1, 2005 – June 30, 2009













INDEX

Article Page

1 Recognition 1
2 Agreement Clause 1
3 Checkoff 2
4 Representation Fee 2-3
5 Union Representative 3
6 Probationary Period 3-4
7 Hours of Work 4-5
Section 1 – Hours of Work/Work Shifts 4-5
Section 2 – Break Periods 5
8 Overtime 6-7
9 Emergency Closing Policy 7-8
10 Seniority 9
11 Force Reduction 9-10
12 Job Vacancies, New Jobs, or Promotions 10
13 Non-Discrimination 11
14 Holidays 11
15 Vacation 12-13
16 Unpaid Leave of Absence 13
17 Sick Leave 13-14
18 Personal Leave 14-15
19 Bereavement Leave 15
20 Workers Compensation 15-16
21 Disability Leave 16
22 Jury Duty 16
23 Veteran's Rights and Benefits 17
24 Maternity Leave 17-18
25 Discharge 18
26 COPE Committee 18-22
27 Grievance Procedure and Arbitration: 22-25
Definition 22
Procedure:
Step One 23
Step Two 23
Step Three 23-24
Step Four 24
Miscellaneous 25
28 Uniforms 25-26
29 Protective Footwear 26
30 Educational Assistance 27
31 Safety Committee 28
32 Health Benefit Coverage 28-30
33 Health Benefits at time of Retirement 30
34 Supplemental Retirement Annuities 30-31
35 Child Care 31
36 Physical Education Center 31
37 Strikes and Lockouts 31
38 Management Rights 31-32
39 Miscellaneous Provisions 32
40 Wage Rates 33-34
41 Leadperson 34-35
42 Severance Compensation Program 35-36
43 Duration of Agreement 37
THIS AGREEMENT, made and entered into as of the 1st day of July, 2005, between the BOARD OF TRUSTEES of the MIDDLESEX COUNTY COLLEGE, a corporate body organized under the provisions of N.J.S.A. 18A:64A et. seq. hereinafter referred to as the "BOARD" and LOCAL #11, affiliated with the INTERNATIONAL BROTHERHOOD OF TEAMSTERS (AFL-CIO), a labor organization, hereinafter referred to as the "UNION."

W I T N E S S E T H:

WHEREAS, the Public Employment Relations Commission has certified, following a duly conducted election, that the Union represents the unit composed of all custodial, warehouse, grounds and maintenance employees, excluding all administrative/management employees and all other College employees; and

WHEREAS, the Board, by virtue thereof, has recognized the said Union as the sole and exclusive bargaining agent for all custodial, warehouse, grounds and maintenance employees of Middlesex County College.

NOW, THEREFORE, it is mutually agreed between the parties hereto, as follows:


ARTICLE 1 - RECOGNITION

A. The Board hereby recognizes the Union as the sole and exclusive bargaining agent for all custodial, warehouse, grounds and maintenance employees, except all administrative/management employees and all other College employees, in all matters specifically provided for herein pertaining to wages, hours, conditions of employment and grievance procedures.

B. The bargaining unit shall consist of all custodial, warehouse, grounds and maintenance employees, excluding all administrative/management employees and all other college employees of Middlesex County College.

C. Wherever used herein the term "employee" shall mean and be construed only as referring to a custodial, warehouse, grounds or maintenance employee of Middlesex County College covered by this Agreement.


ARTICLE 2 - AGREEMENT CLAUSE

This Agreement shall constitute the full and complete commitment between both parties and may be added to, deleted from, or modified only through the voluntary mutual consent of the parties in a written and signed amendment to this Agreement.

The parties agree that all negotiable items have been discussed during negotiations leading to this Agreement and, therefore, agree that negotiations will not be reopened on any item whether contained herein or not, during the life of this Agreement unless by voluntary mutual consent.

36

1



ARTICLE 3 – CHECKOFF
      1. The Board hereby agrees to deduct from the wages of employees by means of
          checkoff of the dues uniformly required by the Union pursuant to the provisions of N.J.S.A. 52:14-15.9e. The Board, after receipt of written authorization from each individual employee, agrees to deduct from the salaries of said employees their monthly dues and initiation fees.
          Deductions for monthly dues shall commence after the employee has completed thirty (30) days of employment. Deductions for initiation fees shall commence after the employee has completed the probationary period.
          It is agreed that at the time of hiring, the Board will inform newly-hired employees who fall within the bargaining unit that they may join the Union thirty-one (31) days thereafter.

B. In making the deductions as above specified, the Board shall rely upon the most recent communication from the Union as to the rate of monthly dues and the proper amount of initiation fee. The total amount deducted shall be paid to the Local Union within ten (10) days after deduction is made.

C. The Board agrees to forward the full name and address (or Union membership application obtained from the shop steward) for all new employees who become eligible for membership and from whom an initiation fee is deducted. The Board further agrees to notify the Union, when submitting the dues deduction list each month, of any employees who are discharged, granted unpaid leaves of absences, or leave the employment of the College.


ARTICLE 4 - REPRESENTATION FEE

A. It is agreed that at the time of hiring, the Board will inform newly-hired employees who fall within the bargaining unit that they may join the Union thirty-one
(31) days thereafter.

B. The Board agrees that the Union may collect a representation fee of eighty-five percent (85%) of dues from nonunion members in the bargaining unit and the Board will implement payroll deductions as provided in the relevant New Jersey statute. The representation fee shall be made effective on July 1, 1982.

C. The Union shall establish and maintain at all times a demand and return system as provided by N.J.S.A. 34:13A-5.5(c) and 5.6, and membership in Teamster Local 11 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 employer shall immediately cease making said deductions.



D. The Union shall indemnify and hold the employer harmless against any and all claims, demands, suits and other forms of liability, including liability for reasonable counsel fees and other legal costs and expenses that may arise out of, or by reason of any action taken or not taken by the Board of Trustees in conformance with this provision.


ARTICLE 5 - UNION REPRESENTATIVE

A. Authorized representatives of Teamsters Local 11 who are not employees of the College may be admitted to the premises of the College. At the time they enter the College premises, the representative shall make his/her presence and destination known to the Executive Director, Labor Relations and Human Resources, if such visit is during working hours. Campus visitation by Union representatives shall not interfere with normal College Operations.

B. Duly authorized representatives of the Union and employed by the College, and certified by the President of the Union in writing to the Executive Director, Labor Relations and Human Resources, shall be permitted to transact official Union business on College property provided that it shall not interfere with nor interrupt normal College operations and subject to agreement by the immediate supervisor of the shop steward and the immediate supervisor of the worker for whom the business is about.

C. It is agreed and understood that during the time that the majority of custodial employees are on the night shift, the contractual provision (Article 10, paragraph
A) which indicates a maximum of two (2) shop stewards, shall be increased to
three (3) to provide representation to the night custodial staff. If and when the College decides that a majority of custodial workers are no longer needed on the night shift, the number of shop stewards shall remain at two (2) as per Article 10, paragraph A.


ARTICLE 6 - PROBATIONARY PERIOD

A. The first ninety (90) days of employment for all Custodians, College Center Custodians, Warehouseperson I, Warehouseperson II, Mechanic III, Mechanic II, Mechanic I, Groundsperson I and Groundsperson II, will be considered a probationary period.

B. The Board, through its representatives, may request of the Union an extension of the probationary period for an additional forty-five (45) days when the Board believes the ninety (90) day probationary period is insufficient. In all cases where this request is reasonably justified, the same will be granted.



C. During the aforementioned probationary period, the Board may discharge such employee for any reason whatsoever. An employee discharged during such probationary period shall not have recourse to the grievance procedure as set forth in this Agreement. The Board shall have no responsibility for the reemployment of newly engaged probationary employees if they are dismissed during the probationary period.

D. Payday for probationary employees shall be on the same day and at the same time as those who have completed their probationary period. Forty (40) hours of pay will be withheld until the end of the probationary period.


ARTICLE 7 - HOURS OF WORK

Section 1 - Hours of Work/Work Shifts

A. An employee's work week begins at the time an employee's shift starts on Monday and ends seven days later, for those employees who work a Monday through Friday schedule.

B. An employee's work day begins at the time an employee's shift starts on Monday and ends twenty-four hours later on the next day.

C. An employee who works a schedule other than Monday through Friday, will have their work week begin at the time of the start of their shift on the first day of the work week, after Sunday. Their work day begins at the time the employee's shift starts on the first day of their work week and ends twenty-four hours later on the next day.

D. Persons working a regular shift which includes Saturday shall be given first preference for any Monday-to-Friday vacancy within their category of employment.

E. In the event an employee reports to work without having been previously notified that there is no work, the employee shall be guaranteed eight (8) hour's pay at his/her regular rate of pay.

F. The College shall have the right to assign its work force to the various work shifts as it deems appropriate to fulfill its operating needs. Vacancies on a shift will be filled on the basis of seniority and ability.
          The College shall provide employees two (2) weeks notice of any permanent shift change. “Permanent” in this context is defined as lasting one (1) month or longer. In the case of shift changes lasting less than one (1) month, best efforts will be made to provide one (1) week notice. However, it is understood that emergency needs may preclude such notice.


The working shifts shall be as follows:

Day Custodians, Maintenance, Grounds and Warehouse Personnel:
6:00 a.m. to 2:30 p.m. (half-hour lunch)
7:00 a.m. to 3:30 p.m. (half-hour lunch)
8:00 a.m. to 4:30 p.m. (half-hour lunch)

Second Shift Custodians and Maintenance Personnel:
3:00 p.m. to 11:30 p.m. (half-hour lunch)
11:30 a.m. to 8:00 p.m. (half-hour lunch)

Third Shift Custodians and Maintenance Personnel:
10:30 p.m. to 7:00 a.m. (half-hour lunch)

Third Shift Custodians
4:00 a.m. to 12:30 p.m. (half hour lunch)

Third Shift Maintenance Personnel:
4:00 a.m. to 12:30 p.m. (half hour lunch)
Assignment to this shift shall be on a voluntary basis.

G. Employees whose shift begins at 11:30 a.m. or later shall receive a shift premium of seventy-five cents (75¢) per hour and employees whose shift begins at 10:30 p.m. or later shall receive a shift premium of one dollar ($1.00) per hour. The shift premium shall be paid for vacation days, holidays and sick days.

Section 2 - Break Periods

A. Employees shall be allowed five (5) minutes wash up time without loss of pay before lunch and a ten (10) minute wash up time at quitting time. Employees shall not lay down tools prior to wash up time. The five (5) minute wash up time may be added to the daily lunch break.

On "pay day" only, the wash up time before lunch is extended an additional five (5) minutes for a total wash up time of 10 minutes. This extended time may be used as part of the lunch period.

B. Employees may take a paid fifteen (15) minute rest period on campus for the first half-day of work and a paid fifteen (15) minute rest period on campus for the second half-day worked, at times scheduled by the immediate supervisor. A rest period may not be used to cover a bargaining unit member's late arrival to work or early departure, nor may it be regarded as cumulative if not taken. Allowances may be made at the discretion of management prior to an employee leaving campus. Employees shall not lay down tools prior to break time.

ARTICLE 8 - OVERTIME

A. Any work performed beyond eight (8) hours and less than ten and one-half (10 1/2) hours in any one day of the normal workweek shall be considered overtime and shall be compensated at one and one-half (1 1/2) times the employee's regular hourly rate of pay.
B. Any work performed beyond ten and one-half (10 1/2) hours in any one day of the normal workweek shall be compensated at two (2) times the employee's regular hourly rate.

C. Employees shall be compensated at one and one-half (1 1/2) times the regular hourly rate of pay for the first eight (8) hours of work performed on the sixth (6th) consecutive work day of any workweek.

D. Employees shall be compensated at two (2) times the regular hourly rate of pay for all hours of work in excess of eight (8) hours performed on the sixth (6th) consecutive day of any workweek.

E. Employees shall be compensated at two (2) times the regular hourly rate of pay for the first eight (8) hours of work on the seventh (7th) consecutive day of any workweek.

F. Employees shall be compensated at three (3) times the regular hourly rate of pay for all hours worked in excess of eight (8) on the seventh (7th) consecutive day of any workweek.

G. In the event an employee is called back to work after the conclusion of his/her normal work shift or more than two hours before the beginning of his/her next work shift, the employee shall be entitled to a minimum of four (4) hours of pay at the appropriate rate at the time the employee punches the time clock, based on the day of the week and the time, as stipulated above or as specified in the emergency closing policy.

H. Overtime shall be distributed within the department at the discretion of management. It will be distributed as equitably as practical among the employees qualified and capable of performing the work available. Overtime offered but refused by an employee shall be counted as overtime worked for the purpose of determining the equitable distribution of overtime. All employees will be required to work a reasonable amount of overtime.

I. When an employee is required to work ten and one-half (10 1/2) consecutive hours or more, he/she shall be granted a second one half (1/2) hour lunch period at no loss of pay for such lunch period, and shall be granted an additional one-half (1/2) hour lunch period for each additional five (5) consecutive hours. Each lunch allowance will be in the amount of ten dollars ($10.00). For every two and one half (2 ½) hours of work before the regular shift, an employee shall be granted an additional fifteen (15) minute break.

J. Overtime (hours worked or charged) will be calculated as of the 15th and the last day of the month. Calculations are based on time paid or time charged. Overtime calculation sheets will be posted in the departments employing Bargaining Unit members.
      K. Overtime will be paid at the end of the pay period, following the pay period in which it was earned, either on the 15th or 30th of the month.
      L. Employees who are absent will not be asked to work overtime on that day unless the remainder of the shift refuses.
M. Any employee working sixteen (16) hours or more within a twenty-four (24) hour period shall have the option of using a personal or vacation day for the next scheduled shift. The notice requirement for personal or vacation days is waived in this circumstance.

ARTICLE 9 - EMERGENCY CLOSING POLICY

A. From time to time, the College may be closed for emergency reasons in one of two ways. When the College is closed for faculty and students, all Unit employees will report for duty and those who do not report will lose pay for time lost. When the College is closed for all staff because of emergency reasons, the following Unit employees only will be expected to report:

1. Designated Custodial personnel.
2. Designated Maintenance personnel.
3. Designated Grounds Personnel.
4. Any other personnel called in by the Management staff responsible for teamster workers.

B. On days when bargaining unit members are required to report for work and the College is closed due to an emergency closing, compensation shall be as follows:

1. Employees will receive eight (8) hours of pay for their normal shift if the College is closed due to an emergency closing, unless they are designated and fail to report to work.

2. Designated personnel must report to work during an emergency closing within two (2) hours of the start of the normal shift in order to receive the eight (8) hours pay in B-1 above or that essential unit member will not be paid the full eight (8) hours for the day. Any designated personnel who reports to work two hours after the start of their normal shift will have the eight (8) hours pay in B-1 above prorated to reflect only the hours worked. Any designated personnel who does not report to work at all will not be paid for the day.
              It is understood that bargaining unit members are not expected to travel to the campus when an official State of Emergency, which precludes travel on public roads in New Jersey, is in force. To avoid media misinterpretation as to when a State of Emergency is in effect, bargaining unit members should confirm that status through designated College communication channels.

3. For hours worked between the time the College closes in an emergency closing and up to eight hours, the employee will receive one and one-half
(1 ½) times the regular rate of pay.

4. For hours worked in excess of eight hours in any one day of the workweek, the employee will be paid two (2) times the regular rate of pay.

5. If on the sixth (6th) day of the workweek the College has an emergency closing and it is not a normal scheduled workday for that employee, the employee will be paid as per Article 8, Overtime, Section C and D.

6. If on the seventh (7th) day of the workweek the College has an emergency closing and it is not a normally scheduled workday for that employee, the employee will be paid as per Article 8, Overtime, Section E and F of the current contract.

7. If on a holiday, the College has an emergency closing and it is not a normally scheduled workday for that employee, the employee will be paid as per Article 14, Holidays, Section B of the current contract.

8. Volunteers who wish to have the opportunity for overtime work for snow clearing and/or removal will notify their immediate supervisor between September 30 and November 1 of each year. Those wishing to volunteer for such work will have their names placed on a special overtime roster. Overtime will be offered on as equal a basis as possible.
        C. In the event that the College is closed for an entire day, due to an emergency situation, and the employee was previously approved and scheduled for a vacation, personal or floating holiday, the day may be restored under the following conditions only:
            The day off was pre-approved and pre-planned.
            The employee must be actively at work the day before or after the emergency closing day.
            The time sheet must indicate the original day scheduled to be used on the date of the emergency closing. The reason for the scheduled absence should be crossed off and the word “restored” should be written on that date on the time sheet.
    4. Only full days will be considered for this benefit.

    ARTICLE 10 - SENIORITY

    A. The Board shall establish and maintain a seniority list of employees' names and dates of employment from date of last hire within the bargaining unit, with the employee with the longest length of continuous and uninterrupted unit-wide service to be placed at the top of the said seniority list. The names of all employees with shorter lengths of continuous service shall follow the name of such senior employee, in order, until the name of the employee with the shortest length of service appears at the bottom of the list. The seniority of each employee shall date from the employee's date of last hire within the unit. Shop stewards shall have top seniority with regard to layoff while serving in that capacity as long as that person has the qualifications to perform the existing job. During the period covered by this Agreement, shop stewards shall be limited to two.

    B. New employees retained beyond the probationary period shall be considered regular employees and their length of service with the Board shall begin with the original date of their employment and their names placed on the "seniority list." Such seniority list shall be kept up-to-date with additions and deletions as required by the Human Resources Department. A current seniority list will be made available by the Human Resources Department to the Union and/or shop steward(s) upon request.

    C. Seniority shall cease under the following conditions:

    1. Resignation or termination for cause.

    2. Failure to report to work or recall after layoff. Recall from layoff shall be made by registered/certified mail to the last known address on file
    in the Human Resources Department. Failure to respond within four (4) days will be deemed to be a resignation. However, in the event that an employee is gainfully employed, he/she may return to work ten (10) working days after responding to the College of the intention to return to work. The College may require the employee to verify employment elsewhere in order to qualify for the ten (10) working day extension of returning to work at the College.

    3. Layoff for a period of one year from the last day of employment.


    ARTICLE 11 - FORCE REDUCTION

    A. The Board agrees that it will not engage any new employees in any given category unless all of the employees presently employed in that category are working the scheduled hours noted in this Agreement.



    B. In the reduction or restoration of the work force, the rule to be followed shall be the length of service with the Board within the job occupation involved. The employee with the least seniority shall be laid off first and in rehiring, the same principle shall apply, namely, the last employee laid off shall be the first to be rehired.

    C. The shop stewards and the employees involved in such layoffs shall receive seventy-two (72) hours notice prior to any layoff.

    D. Should any employee accept a position outside the bargaining unit, but still within the area of maintenance and custodial services at Middlesex County College, he/she shall have the right, within six (6) months to return to his/her original position and salary for that classification with no loss in seniority or other benefits under this contract.


    ARTICLE 12 - JOB VACANCIES, NEW JOBS, OR PROMOTIONS

    A. Notice of vacancies shall be posted on a designated employee bulletin board for a period of five (5) working days.

    B. Notices of vacancies and new positions shall contain classification, summary of job description, location, pay rates and hours of work.

    C. Members of the bargaining unit who are applicants for openings shall be notified by the Human Resources Department of the disposition of their application within a reasonable amount of time after a final selection is made to fill a position.

    D. The competitive standard set forth by the College shall be equitably applied to all individuals.

    E. If two or more equally qualified employees apply for the position, seniority shall be the determining factor.

    F. Any employee so selected to fill such job shall be granted a trial period of up to sixty (60) days. The Board, through its representatives, may request of the Union an additional thirty (30) days when the Board believes the sixty (60) day probationary period is insufficient. In all cases where this request is reasonably justified, the same will be granted. If the College determines during such trial period that the promoted employee is not qualified to discharge the duties of the position to which he/she was promoted, the employee shall resume his/her former position or a position equivalent thereto.







    ARTICLE 13 - NON-DISCRIMINATION

    It is agreed that the parties hereto will continue their present practice of nondiscrimination against any employee because of race, color, creed, religion, nationality, sex, sexual orientation or disability, and further, that no employee shall be discriminated against or interfered with because of Union activities.


    ARTICLE 14 - HOLIDAYS
        1. The Board agrees to guarantee to all employees in the bargaining unit the following holidays with full pay for eight (8) hours:
      New Year's Day Veterans' Day
      Martin Luther King's Birthday Thanksgiving Day
      President's Day Friday after
      Good Friday Thanksgiving
      Memorial Day Christmas Day
      Independence Day One (1) Floating
      Labor Day Holiday
      Columbus Day

      Two additional days will be designated by the Board on June 30th of each year
      of the contract in conjunction with the academic calendar.

      B. An employee who works on any of the above holidays shall be paid for such work at two (2) times the employee's regular rate in addition to his holiday pay.

      C. If a holiday falls on a Saturday or Sunday, it may be celebrated and compensated accordingly on the day preceding or the day following such holiday.

      D. To qualify for holiday pay, unit members must be on the active payroll and must work the full regularly scheduled workday immediately preceding the holiday and the regularly scheduled workday immediately following the holiday, unless the absence is authorized by the immediate supervisor or the Director of Human Resources.

      E. If the holiday falls within a vacation period of an employee, the employee will receive holiday pay for that day and will not be charged a vacation day.

      F. The Floating Holiday is available for use only after completion of the bargaining unit member's probationary period with supervisors' approval, providing that the request is in writing and is requested no later than the previous workday.



      ARTICLE 15 - VACATION

      The Board agrees to grant to all employees in the bargaining unit paid vacations in accordance with the following schedule:

      A. Employees with less than one year's service shall receive one (1) day vacation for each full month of service, provided that no vacation entitlement shall accumulate during the first one hundred twenty (120) days of employment and four (4) days shall be credited at the end of the fourth month.

      B. Completed years of service shall be calculated based on date of hire. If the hire date is any other date than the first day of the month, portions of a month shall not be calculated; the date of hire for vacation day accrual will be calculated based on the next first of month date.

      C. Balance of the first year of employment; vacations are earned at the rate of one (1) day per month.

      D. Second year of employment; vacations are earned at the rate of one (1) day per month.

      E. After the completion of three (3) years of full-time employment, vacations are earned at one and one half (1 ½) days per month.

      F. After the completion of five (5) years of full-time employment, vacations are earned at the rate of two (2) days per month.

      G. Vacation allowance may accumulate to a maximum of thirty-five (35) days as of September 30 of each year. In the event that more than thirty-five (35) days have accumulated as of September 30, the employee will not retain more than the maximum thirty-five (35) days allowed.

      H. The Board agrees that in the event an employee voluntarily leaves the employment of the College, he/she shall be compensated for any accrued vacation time that may be due him/her up to a maximum of thirty-five (35) days, provided that he/she gives no less than two weeks notice of his/her intention to leave. The notice of resignation must be hand delivered to the Director of Human Resources by the employee.

      I. Employees must give at least two (2) weeks notice of their intent to take vacations in excess of one (1) day. This request must be in writing. Cancellations must be in writing and approved by the immediate supervisor prior to cancellation.

      J. Employees may be permitted to take a single vacation day with supervisor's approval provided that the request is in writing and is requested the previous work day.
      K. In preparing the vacation schedule, the Board shall endeavor to assign vacations on the basis of seniority of the employees of the unit. It is specifically agreed, however, that the assignment of all vacations shall be determined by the College with due regard to its efficient operation.

      L. Vacation time scheduling should be made ten (10) days in advance. However, if a bargaining unit member requests a vacation without the normal ten (10) day notice, his/her request shall not be unreasonably withheld or denied. The supervisor will base his/her decision on the operational needs of the college.
          Vacation days may be taken in one half day and full day segments only.

      ARTICLE 16 - UNPAID LEAVE OF ABSENCE

      A. Except in emergency situations, a permanent employee, upon one (1) month advance written notice to the Director of Human Resources and the immediate supervisor, may be granted by the Board up to sixty (60) days per fiscal year, leave of absence without pay or loss of seniority rights for personal reasons. No other benefits shall accrue.

      B. Whenever the word “emergency” is used in relation to unpaid leaves of absence, it shall be defined as follows: A sudden, unexpected occurrence of which the employee had no previous knowledge, or a set of circumstances demanding immediate attention.

      C. The request for leave without pay shall state the reason(s) for the leave and the anticipated date of return to employment.

      D. Any employee who fails to return to work after the expiration date of the approved leave of absence, shall be deemed to have terminated employment, unless an emergency situation prevented the employee's immediate return.

      E. An employee accepting employment elsewhere during a leave granted shall be terminated.

      F. Vacation benefits and sick leave benefits shall not accrue during an unpaid leave of absence.


      ARTICLE 17 - SICK LEAVE

      A. Employees shall receive one (1) day sick leave for each full month of service provided that no sick leave entitlement shall accumulate during the first one hundred and twenty (120) days of employment, and four (4) days shall be credited at the end of the fourth (4th) month. Employees shall therefore accumulate up
      to twelve (12) days paid sick leave for each full year worked.
      B. In the event of a college-wide policy with respect to sick leave changes to increase the number of days granted annually to all employees, such changes shall become effective with respect to employees covered by this Agreement on the same date it becomes effective with respect to all other employees, notwithstanding the provisions of this Agreement.

      C. If an employee is absent due to sickness, the employee's supervisor shall be notified prior to the employee's starting time with the specific reason for the absence. For absences extending beyond one day, the notification call shall indicate the specific dates of the absence. Subsequent calls during this specific absence period will not be required.

      D. The College may require proof of illness of an employee on sick leave whenever such requirement appears necessary. Sick leave must be taken in either whole-day or half-day segments. Upon written medical certification from a doctor, an employee may charge sick leave on an hour-to-hour basis.

      E. Should the New Jersey Legislature pass legislation allowing community colleges to grant employees partial payment of unused sick leave upon retirement, the Board agrees to commence negotiations with Local #11 on this matter.

      F. Sick leave days not used during the year shall be accumulated from year to year.

      G. At the time of retirement, an employee is eligible to be reimbursed for thirty percent (30%) of his/her balance of sick leave, up to a maximum of $9,600 for FY 2005-2006, $9,700 for FY 2006-2007, $9,800 for FY 2007-2008, $9,900 for FY 2008-2009, provided that the employee meets the age requirement of at least 55 years of age and has a minimum of ten years of service.


      ARTICLE 18 - PERSONAL LEAVE

      A. Employees shall be entitled to up to five (5) paid days of leave per year for the purpose of transacting or attending to personal, legal, religious or business matters which require absence during working hours. Personal leave may be taken in whole, half or quarter days.

      B. Except in emergencies, the employee shall provide the immediate supervisor with a twenty-four (24) hour written request for personal leave.

      C. Whenever the word emergency is used in relation to Personal Leave, it shall be defined as follows: A sudden, unexpected occurrence, of which the employee
      had no previous knowledge, or a set of circumstances demanding immediate attention.

      D. Personal leave days will be prorated during the first year of employment, based on hire date:
      If the hire date is: Personal Leave Days is/are:

      July 1 – August 30 5
      September 1 - October 30 4
      November 1 - December 30 3
      January 1 - March 30 2
      April 1 - May 30 1
      June 1 - June 30 0

      E. Request for cancellation of personal leave must be in writing and approved by the immediate supervisor, prior to cancellation.


      ARTICLE 19 - BEREAVEMENT LEAVE

      A. Permanent employees shall be entitled to a maximum of five (5) consecutive days of absence with pay immediately following the death in the immediate family. Immediate family is interpreted to include spouse, parents, son, daughter, sister, brother, father-in-law, mother-in-law, grandparents, step-parents or step-children. Employees may use vacation or personal days to extend bereavement leave.

      B. Employees shall be entitled to one (l) day with pay to attend the funeral of a relative who is not a member of the immediate family.

      C. One additional day of absence with pay will be granted for the death of a family member if the funeral is over 250 miles away.

      D. The College may require proof of the relationship of the family member and the employee's attendance at the funeral.


      ARTICLE 20 - WORKER'S COMPENSATION

      A. Illness or personal injury arising out of a condition or accident which upon investigation is found to be job-connected, shall be covered by Worker's Compensation Insurance. For a claim to be made, it is the responsibility of the employee for all such illness or accidents to be immediately reported to the immediate supervisor, to the Office of Health Services and to the Human Resources Department. Worker's Compensation shall be paid at the rate and terms and conditions prescribed by State Statute.

      B. An employee who is absent from work due to a worker's compensation injury/illness will have his/her job held for a maximum of one year or until such time when a College designated physician determines the employee is no longer able to perform the job. The employee has the option of obtaining a second medical opinion. Should a greater level of protection pertain to an employee by law, said level of protection will be afforded, rather than that stipulated above.

      C. Sick and vacation leave does not accrue during the time when an employee is on worker's compensation leave.


      ARTICLE 21 - DISABILITY LEAVE

      A. When an employee, either through injury or illness, loses time from work, not as a result of or arising out of his/her employment as attested by the attending physician, he/she shall be granted disability pay subject to the following:

              1. Accumulated sick leave must be exhausted prior to use of this benefit.
              2. In no case may this benefit be approved before the eighth (8th) day of the disability period.
              3. During the time this benefit is in effect, the employee will receive 66 2/3% of his/her base salary.
              4. The disability benefit is available for a maximum of twenty-six (26) weeks.
              5. During this period of disability leave, the employee shall not accumulate either vacation or sick leave benefits.
              6. The employee must submit a completed Extended Absence form to the Director of Human Resources.
              7. The employee will be required to submit the Return to Work Authorization form prior to his/her return to work. (One Return to Work Authorization form will be used for all units on campus).

          B. An employee accepting employment elsewhere during a disability leave of absence shall be terminated.


      ARTICLE 22 - JURY DUTY

      An employee who is called for jury duty shall be paid the difference between the daily fee allowed by the court and eight (8) hours straight time pay for the scheduled working time lost. The employee must present proof to the College of jury service and the amount paid for such service.






      ARTICLE 23 - VETERAN'S RIGHTS AND BENEFITS

      A. The seniority rights of all employees who enlist or who are drafted pursuant to the appropriate law now in force, or to be enacted, shall be maintained during such period of military service. Each such employee shall have the right to reinstatement to his/her former position or to a position of equal status, at the salary rate previously received by him/her at the time of his/her induction into military service, together with all salary increases granted by the Board to said employee's previous position during the period of such military service.

      B. Such reinstatement of veterans shall be upon application therefore made within ninety (90) days after such employee is honorably discharged from service. This clause shall be subject to all pertinent and applicable provisions of the Selective Training and Service Act, as amended.

      C. Whenever employees are called to active military duty for brief periods of time, they shall be paid the difference between their military pay and their regular rate of pay for the first ten (10) working days of said active service.

      D. The Board agrees to allow the necessary time for any employee in the Reserves to perform his/her duties when called without impairment of his/her seniority rights.

      E. The Board agrees to pay an employee for all reasonable time involved in reporting for a physical examination for military service.


      ARTICLE 24 - MATERNITY LEAVE

      A. A maternity leave is to be regarded as a temporary disability and the bargaining unit member shall be entitled to all considerations and benefits associated with a temporary disability without loss of seniority rights.

      B. Not later than the fourth month, the staff member shall notify the Director of Human Resources, in writing, of the condition of pregnancy. Upon notifying the Director of Human Resources, the staff member shall let it be known as to plans of continuing employment or taking a leave of absence not to exceed one year. Notification of pregnancy shall be accompanied by a statement from her physician giving the state of condition of the pregnancy, the anticipated delivery date, and her ability to continue her normal duties.

      C. Accumulated sick leave may be used by the individual pursuant to the provisions of N.J.S.A.18A:30-1 et seq.

      D. The bargaining unit member's position or position of equal grade shall be made available to her within sixty (60) days after written notification to the Director of Human Resources of her intent to return to full-time employment.
      E. The individual shall be placed at the same position on the salary schedule that she would have attained had she been employed by the College during such period.

      F. The College reserves the right to verify the individual's ability to continue her normal duties and her ability to return to full-time employment.


      ARTICLE 25 - DISCHARGE

      There shall be no discharge except for just and sufficient cause, except that a newly engaged employee shall be subject to dismissal for any cause whatsoever prior to the expiration of the probationary period or any extension thereof.

      The Union shall be notified of the discharge of any employee at the time of such discharge, which notification shall set forth the reason for the discharge.


      ARTICLE 26 - COPE COMMITTEE

      The COPE Committee will be the system for evaluation, review and recommendation for additional compensation.

      This agreement for the COPE Committee language/procedure, supersedes the memorandum of agreement date 2/21/90 to COPE and becomes effective on the date of this Agreement.

      The only functions of the COPE Committee will be:

      1. To review requests for promotions from one job title to another job title.

      2. To review requests for additional compensation due to the completion of a job related educational course which is not on the approved course list or considered by the supervisor.

      3. To review requests for additional compensation due to the acquisition of a license or certificate which is not on the approved list or considered by the supervisor.

      4. The COPE Committee may choose to add or delete appropriate educational courses/license/certificates from this list. The COPE Committee decision is not subject to the grievance procedure.

      5. To review appeals if an employee is found ineligible for this benefit and he/she believes that an unfair assessment has been made.

      Additional compensation due to the acquisition of a job related educational course/
      license/certificate will not apply for a unit member presently at the maximum salary for
      his/her current position/grade.

      If an educational course/license/certificate is completed on college time and at college expense, it is not eligible for this benefit. An individual will have the option of using
      vacation and/or personal days for such a program in order to become eligible for the benefit. It is conceivable that an individual in an extended daytime course could take part of the course as vacation and part as work time and still meet the eligibility requirements for this benefit.

      Unpaid leaves will also be considered for an educational course/license/certificate pursuant to the unpaid leave provision of the contract.

      A. PROMOTIONS PROCESSED THROUGH THE COPE COMMITTEE

      1. Promotions which are approved by the COPE Committee will be effective on the first of the month, following the committee's approval of the promotion.

      2. Employees who are approved for promotion from a lower to a higher grade will be granted a 6% salary increase or raised to the minimum salary of the higher grade level, whichever is greater.

      B. ADDITIONAL COMPENSATION DUE TO THE COMPLETION OF A JOB RELATED EDUCATIONAL COURSE THROUGH THE COPE COMMITTEE

      1. To the extent possible, a list of approved courses will be developed and made available to staff. Supervisors will also consider courses not on that list, based on the perceived usefulness of that course to the department.

      2. When an employee intends to enroll in a course and wishes to be eligible for the educational benefit, he/she must complete an appropriate form entitled "COPE Committee Professional Education application". If the supervisor signs the form, this constitutes the supervisor's approval that the course is valuable, that it meets the requirements of this benefit program and that the individual will be afforded the opportunity to make use of the newly acquired skills on the job. This form must be completed and signed before the course begins. Management will support opportunities for custodians and warehouse personnel to complete training programs that will enhance their job skills.

      3. Courses will be categorized as: "minor" or "major" based on the following:

      Minor Course: 20 - 39 hours of actual instruction*
      Major Course: 40 or more hours of actual instruction*
      * Student absences, lunch breaks and other non-instructional time are deducted from the basic class schedule in this formula.

      Preparatory classes, specifically intended to prepare an employee for a license or certificate exam, are not compensable under the minor/major course payment program.

      4. At the conclusion of the course and upon receipt of the appropriate certificate, grade or confirmation of attendance, that paperwork must be given to the supervisor by the staff member. The supervisor will attach that to the original form and note on that form that the course was completed and the date of completion. If the course was not completed, that would also be noted and, in that case, the process would be completed.

      5. Eligibility for this benefit also requires an assessment by the supervisor. As part of the annual evaluation process, the supervisor will identify an individual's performance on the job during and/or following the course. The supervisor will determine an appropriate length of time in which to monitor the individual's job performance.

      6. As part of the June annual evaluation, a new form appended to the evaluation form will require the supervisor to note courses completed and to evaluate the individual's performance on the job in the particular areas covered by those courses. A concluding statement will clearly indicate whether the individual is eligible for the educational benefit for each course listed.

      Those awarded the educational benefit will receive the appropriate salary increase effective August 1 of the next fiscal year.

      7. Employees who successfully complete the educational benefit program and are so certified by the appropriate supervisor will receive the following compensation:

      Minor Course: $.40 per hour
      Major Course: $.80 per hour

      Payment will be based on the concept of Benefit Units. A major course is equivalent to two (2) benefit units. A minor course equals one (1) benefit unit. The maximum number of benefit units to be granted in one year will be four (4).

      A supervisor may approve a series of short course/seminars/workshops to be combined and used as a minor course. Since those programs are typically one-day type programs with no reading, assignment or follow-up required, a different number of designated hours is required. In this situation only, a minimum of thirty (30) hours of instruction in a combination of one day seminars and other short duration programs may be reviewed, recommended and approved by the immediate supervisor.
      Courses can be accumulated over a two (2) year period and may not be counted more than once.

      Eligibility for the educational benefit requires the successful completion of the program by whatever standards (if any) are established for that course. Examples of successful completion consists of earning a passing grade, passing a test, etc.

      C. ADDITIONAL COMPENSATION DUE TO THE ACQUISITION OF A JOB RELATED LICENSE AND/OR CERTIFICATION THROUGH THE COPE COMMITTEE

      1. To the extent possible, a list of approved licenses and/or certificate programs will be developed and made available to staff. Supervisors will also consider licenses and certificate programs not on that list, based on the perceived usefulness of that license/certificate to the department.

      2. When an employee intends to apply for a license/certificate and wishes to be eligible for additional compensation, he/she must complete an appropriate form entitled "COPE" Committee Professional License/Certificate Application". If the supervisor signs the form, this constitutes the supervisor's approval that the course is valuable, that it meets the requirements of this benefit program and that the individual will be afforded the opportunity to make use of those newly acquired skills on the job. This form must be completed and signed, prior to applying for the license.

      3. Licenses/Certificates will be categorized as: "minor" or "major" based on the following:

      MINOR LICENSE
      Pesticide License 3 A and 3 B
      Pesticide License 7 A and 7 B
      Black Seal
      Refrigerant
      Pool Operator

      MINOR CERTIFICATE
      Asbestos Operations and Maintenance
      Fork Lift Operator

      MAJOR LICENSE
      Plumbing
      Electrical
      Code Inspector
      Certified Tree Expert

      MAJOR CERTIFICATE
      Locksmith

      4. Upon receipt of the appropriate license/certificate the employee must submit it to the supervisor for copying. The supervisor will attach the license/
      certificate to the original form and note on that form that the license/
      certification was received and the expiration date of the license/certificate. If the license/certificate was not received, that would also be noted and, in that case, the process would be completed.

      5. As part of the June annual evaluation, a new form appended to the evaluation form will require the supervisor to note the license/certificate and to evaluate the individual's performance on the job in the particular areas covered by the license/certificate. A concluding statement will clearly indicate whether the individual is eligible for the license/certificate benefit.

      Those awarded the license/certificate benefit will receive the appropriate salary increase effective August 1 of the next fiscal year.
      6. Employees who successfully complete the license/certificate requirements and are so certified by the appropriate supervisor will receive the following compensation.

      Minor License/Certification: $.40 per hour
      Major License/Certification: $.80 per hour

      7. Failure to maintain the license/certificate will result in the removal of the payment received for receipt of the license/certificate.

      D. APPEAL MECHANISM

      1. If an employee is found ineligible for this benefit and believes that an unfair assessment has been made, the employee may file an appeal. The appeal
      is to be filed on a regular grievance form and will be marked by the Union representative as a COPE Committee Appeal. The appeal will then go to the COPE Committee (rather than through the normal steps of the grievance procedure) for a hearing and a decision.

      If the employee is dissatisfied with the results of the appeal process, the grievant may invoke the regular grievance procedure beginning at step 3.


      ARTICLE 27 - GRIEVANCE PROCEDURE AND ARBITRATION

      A. Definition

      Any difference or dispute between the Board and the Union relating to the terms and provisions of this Agreement or its interpretation or application or enforcement thereof, shall be subject to the following procedures which shall be resorted to as the sole means of obtaining adjustment of the dispute, which shall hereafter be referred to as "a grievance."

      B. Procedure

      1. Step One: Formal - Director

      a) Within five (5) working days of the time a grievance arises or within 5 days when the grievant should know of its occurrence, the employee shall contact his/her shop steward and shall submit a written grievance. The written grievance is to be filed with the appropriate Director of the employee's department.

      b) The Director will arrange a meeting at a mutually agreeable time and place not later than five (5) working days after receipt of the written grievance. The aggrieved party and steward shall be entitled to be present at the meeting.

      c) The Director shall give a written answer to the grievance to the employee and the Union within five (5) working days after the meeting.

      d) A group grievance, one that may affect a group of employees, may be presented by the Union at this step.

      2. Step Two: Designated Management Representative from the Human
      Resources Department

      a) Within five (5) working days after receiving the decision of the Director, an appeal of the decision may be made by the Union or the employee to the Designated Management Representative from the Human Resources Department. It shall be in writing and accompanied by a copy of the decision at Step One.

      b) Not later than five (5) working days after receipt of the appeal, the Designated Management Representative from the Human Resources Department shall hold a hearing on the grievance.

      c) Within five (5) working days after the hearing, the Designated Management Representative from the Human Resources Department shall render a decision in writing to the employee and the Union.

      3. Step Three: Executive Director, Labor Relations and Human Resources

      a) Within five (5) working days after receiving the decision of the Designated Management Representative from the Human Resources Department, an appeal of the decision may be made by the Union or the employee to the Executive Director, Labor Relations and Human Resources. It shall be in writing and accompanied by a copy of the decision at Step One and Two.

      b) Not later than seven (7) working days after receipt of the appeal, the Executive Director, Labor Relations and Human Resources or designee, shall hold a hearing on the grievance.

      c) Within seven (7) working days after the hearing, the Executive Director, Labor Relations and Human Resources or designee, shall render a decision in writing.

      4. Step Four: Final and Binding Arbitration

      a) In the event that a grievance cannot be satisfactorily settled in the foregoing steps, either the College or the Union may appeal the dispute within ten (10) working days to arbitration.

      b) The aggrieved party shall propose, in writing, a statement of the issue involved, and the parties shall attempt in good faith to agree
      upon a joint stipulation of the issue. Absent such agreement, each party shall submit to the arbitrator its own statement of the issue.

      c) The arbitrator shall conduct a hearing at a mutually satisfactory time and place, but not later than thirty (30) days after filing for arbitration.

      d) The decision of the arbitrator shall be rendered within twenty (20) days of the hearing and shall be final and binding for the duration of the contract on the College, the Union, and the employee or employees involved, subject to the limitations specified in this Agreement.

      e) Arbitration awards or grievance settlements will not be made retroactive beyond the date of occurrence or nonoccurrence of the event upon which the grievance is based.

      f) The expenses and fees of the arbitrator shall be shared equally by the College and the Union.

      g) The arbitrator's function is to interpret the provisions of the Agreement and to decide cases of alleged violation of such provisions. The arbitrator shall not supplement, enlarge, or alter the scope or meaning of the Agreement or any provisions therein, nor entertain jurisdiction of any subject matter not covered by the Agreement. If, in the arbitrator's opinion, he/she has no power to rule on the issue submitted, the arbitrator shall refer the issue back to the parties without decision.


      C. Miscellaneous

      1. The Union or the employee may not present any allegations at Step Four not presented at Steps One through Three.


      2. Hearings and meetings held under this procedure shall be conducted at a time and place which will afford a fair and reasonable opportunity for all persons entitled to be present to attend.

      3. When a group grievance is filed, Union representatives and grievants, not to exceed a total of five (5), may appear at each step of the grievance procedure. The Union must notify the appropriate hearing officer of the names of grievants who will appear at a group grievance hearing.

      4. Discipline connected with the third and fourth steps of the progressive discipline process, one (1) day suspension and three (3) day suspension respectively, will not be enacted until the grievant has exhausted the grievance process. Suspensions of employees awaiting a pre-termination hearing will be treated separately.

      5. Time limits provided in this grievance procedure may be extended by mutual agreement.

      6. Any extensions on time periods in the grievance procedure must be submitted in writing to the appropriate hearing officer from the Union or to the Union by the appropriate hearing officer.

      7. The grievance procedure established here shall be the sole and exclusive remedy available to an employee or the Union for resolving disputes arising under this Agreement. If any subject matter which is or might be alleged as a grievance is instituted in any administrative action before a governmental board or agency, then such administrative procedure shall be the sole remedy and a grievance under this Agreement shall no longer exist.

      8. Within thirty (30) days after the date of this Agreement, representatives of the parties of this Agreement will obtain from the New Jersey Mediation Service a list of arbitrators, and will agree upon a panel of three arbitrators, obtaining additional lists, if necessary. The parties shall furnish the New Jersey Mediation Service the names of the arbitrators selected. Thereafter, the New Jersey Mediation Service shall designate one of said arbitrators to hear each grievance that may be referred to arbitration.

      ARTICLE 28 - UNIFORMS

      All employees shall be provided with the following at no cost to the employee after completion of the probationary period:

      A. Winter uniforms in sufficient quantity to allow five (5) changes per week between October 1 and May 1 of each year. In addition, five (5) winter long sleeve undershirts shall be provided.

      B. Summer uniforms in sufficient quantity to allow five (5) changes per week between May 1 and October 1 of each year.

      C. One (1) jacket or sweatshirt shall be provided to Warehousepersons and Custodians. A choice of one jacket, one set of coveralls or one sweatshirt shall be provided for Mechanics. One set of coveralls and either one jacket or one sweatshirt, as needed, will be provided to Groundspersons.

      D. The Board agrees to provide rain gear to employees as determined by the appropriate Director.

      E. Uniforms and jackets will be replaced on an "as needed basis," as determined by the employee's immediate supervisor.

      F. A maintenance allowance for uniforms of one hundred twenty-five dollars ($125) per year for each year (July 1 to June 30) of the contract shall be provided to unit members in annual installments. Said monies shall be prorated for newly-hired employees or for employees on leaves of absence of any type for durations of one month or more. Payment will be made to the employee on June 30 of each year.

      G. The employee will be responsible for validating any need for uniform and jacket replacement.

      H. Employees shall wear only the uniforms provided by the College. Uniforms must be kept and worn in a neat and orderly fashion.


      ARTICLE 29 - PROTECTIVE FOOTWEAR

      Employees shall wear protective footwear at all times. The College will provide protective footwear at a total cost not to exceed $160 for each year of this Agreement. A maximum of two (2) pair per year will be provided. A year is defined as July 1 through June 30.

      A request form shall be completed by the employee. The request form will include the style number chosen from a selection of men's and women's styles provided by the College, size and cost.

      The yearly allowance for each employee will be paid directly to the vendor towards the purchase of protective footwear. In the event that the protective footwear chosen by the employee exceeds the yearly allowance within a year, the additional cost will be the responsibility of the employee. The allowance can only be used during the current year and cannot be carried into the following year.


      ARTICLE 30 - EDUCATIONAL ASSISTANCE
              1. Bargaining unit members are to be granted tuition and fee-free entrance to any class on a credit or audit basis at Middlesex County College. However, should any portion of a course fee relate to a direct per-student charge to the College, that portion of the course fee will not be waived.
              1. Bargaining unit dependants (including husband or wife, children or legally adopted children or other related members of the household as defined and accepted under Federal Tax Law) are to be granted tuition-free entrance to any class on a credit or audit basis at Middlesex County College for which they meet the entrance requirements.
              1. Retired bargaining unit members and their spouse and dependant children (as defined and accepted under Federal tax law) are to be granted tuition-free entrance, up to six (6) credits per semester and twelve (12) credits per fiscal year, to any class on a credit basis at Middlesex County College provided course prerequisites are met.
              1. In the event the course(s) does not generate FTE support, bargaining unit members may waive tuition charges up to $225.00 per course. Any additional charges for the course must be borne by the bargaining unit member in accordance with the College’s tuition payment policies and procedures.
                  The College reserves the right to limit tuition waiver enrollments in non-FTE generating courses in cases where additional waiver enrollments would preclude the possibility of meeting direct expenses for the course.

                  For the purposes of this agreement direct expenses are defined as staff salaries directly associated with the course/camp/program.

                  Course/camp/program materials are covered by materials fees and are not included in this computation. Bargaining unit members, however, will be considered for enrollment in such courses as they register. If the waiver limit is enforced, the College will so advise the Union.
              1. Any spouse and dependant children (as defined and accepted under Federal Tax Law) of an employee that died while on duty will be granted tuition-free entrance, up to (12) credits per semester and twenty-four (24) credits per fiscal year, to any class on a credit basis at Middlesex County College provided course prerequisites are met.




      ARTICLE 31 - SAFETY COMMITTEE

      A. An employer/employee Safety Committee will be maintained consisting of two (2) persons from each party, an alternate employee member and the Director, Health and Safety who will act as Chair of the Safety Committee.

      B. Elections for employee Safety Committee representatives will be held annually by the Union membership. It is agreed that no employee member may serve consecutive terms. A term shall begin July 1 and end June 30.

      C. An alternate member may only serve to replace an absent employee member.

      D. No two members may be from the same department.

      ARTICLE 32 - HEALTH BENEFIT COVERAGE
          1. Coverage for bargaining unit members shall commence on the first day of the month following three months of continuous employment.
          1. Medical Coverage
              Medical coverage is provided through the Middlesex County Joint Health Insurance Fund for Teamster employees and their eligible dependents (children and spouse).
              As of July 1, 2001, there are four plans offered; a Traditional (indemnity) Plan, a Preferred Provider Option and two (2) Health Maintenance Organizations (HMO's). Detailed information on specific plans is available at the Human Resources Department, located in Chambers Hall.

              Effective January 1, 2002, bargaining unit members covered under the “Traditional” plan will be eligible to participate in a “mail order” prescription plan with 100% coverage under the plan’s guidelines and a discounted rate at participating pharmacies.

              Bargaining Unit members who are hired or become eligible for medical insurance coverage on or after July 1, 2005 will be permitted to enroll in the following health care options: Preferred Provider or one (1) of two (2) Health Maintenance Organizations (HMOs). The Traditional Indemnity Coverage plan will not be offered to members of the bargaining unit hired on or after July 1, 2005.
          1. Dental Coverage
              Dental coverage is provided by Middlesex County College for Teamster employees and their eligible dependents (children and spouse). Information on all plans is available at the Human Resources Department, located in Chambers Hall. There are currently two plan options offered.

              A traditional dental plan is provided to the employee and his/her eligible dependents. Effective January 1, 2002 both “in network” and “out of network” eligible expenses combined will be covered to a maximum of $2,250 per person, per calendar year, at a rate of 65%-80% based on the type of services performed and the provider(s) utilized. Not all services are covered, as described in the Plan Document. You may select the services of either in-network or out-of-network providers with no special permission on paperwork required.

              A preferred provider dental plan is a second option. If you select this plan with single coverage for yourself, there is no cost. If you select husband/wife, family or parent/child coverage, there is currently a monthly fee of $28.56 and you must authorize this amount to be deducted from your paycheck. If you are on an unpaid leave, you must pay the total amount due for all months you will be on unpaid leave, prior to your leave. Selection of the plan requires you to utilize the services of participating/designated dentists. A listing of current locations is available in the Human Resources Department.
          1. The College has the right to change insurance carriers as long as the level of coverage overall is of a similar level overall to that currently enjoyed by the bargaining unit members.
              The union office shall be notified of changes in coverage at least thirty (30) days before the effective date of the change, except in such cases where late notification to the College precludes the thirty (30) day notice period.
          1. An employee may opt to waive his/her medical and/or dental coverage under Section 125 guidelines. In that case, the employee shall be compensated by the College at a rate based on 50% of the current monthly, single coverage rate. An employee who opts to decline coverage is expected to remain uncovered for a minimum of one year. The employee may be eligible to re-enroll only during the open enrollment period for specific plan or under Section 125 guidelines. Waivers may be discontinued by the College at any time. An employee is not eligible to select waiver of coverage if he/she is covered by the Joint Health Insurance Fund through his/her spouse.

      F. Annual Physical Exam
          Teamster employees shall be entitled to a physical examination by the physician, licensed optometrist or licensed audiologist of his/her choice during the time period of the current contract. Teamster personnel may elect to have said reimbursement applied against a single exam in any year or against separate exams in each year so long as the total reimbursement does not exceed the total amount for the designated period.

          In order to process a reimbursement for a physical exam:
          1. The medical receipt must indicate that a physical exam was performed, the charges incurred and that it was paid by the employee.
          1. The medical receipt must be submitted to the insurance carrier for payment. Upon denial, the bill should be submitted on the appropriate purchase requisition form. Under no circumstances will payment be made by both the insurance carrier and the College. The purchase requisition form, the insurance company denial and the medical receipt is submitted to the Human Resources Department.
            • If an employee receives payment from both sources, he/she shall be required to return the monies paid by the College.
            • The purchase of eyeglasses, contact lenses or hearing aids may also be submitted through this procedure. However, there will be no requirement to submit it to the insurance carrier first.
              • No payment under this section will be approved to cover annual deductibles or co-pay amounts.
                • The current designated amount for the time period July 1, 2005 through June 30, 2006 is $600.
                  • Employees hired during the 2nd year of the contract will be entitled to $450.
                    • Employees hired during the 3rd year of the contract will be entitled to $300.
                    1. Employees hired during the 4th year of the contract will be entitled to $150.
                      10. Requests for payment must be submitted within the fiscal year they are incurred.

                  ARTICLE 33 - HEALTH BENEFITS AT TIME OF RETIREMENT

                  A. When a member of the Bargaining Unit who has been employed at Middlesex County College for at least twenty (20) years, and who has attained the age of at least sixty-five (65) years, retires, the College shall provide supplemental health coverage for the employee and his/her spouse. The agreed to plan by the Union
                  and the College shall be A.A.R.P. Plan I. Alternatively, retirees may elect AARP Plan J at their own expense for any and all costs beyond those associated with Plan I.

                  The College will reimburse the participating employee, surviving spouse or the estate (for payments made prior to the death of the final participant) quarterly upon submission of cancelled check(s) showing payment, for the full cost of coverage under the supplemental Plan I health coverage for the employee and/or spouse.


                  ARTICLE 34 – SUPPLEMENTAL RETIREMENT ANNUITIES
                      Under the guidelines of the New Jersey Division of Pensions, Supplemental Retirement Annuities (SRA’S) are available for bargaining unit members.
                      An employee’s contributions are made with pre-tax dollars, free of federal taxes until income distribution begins.

                  Detailed information is available from the Human Resources Department.


                  ARTICLE 35 – CHILD CARE
                      1. The College shall establish an IRS section 125 plan specifically to allow bargaining unit members the option of paying for child care services through a licensed provider, by way of pre-tax payroll deductions, up to the maximum allowed by law.
                      1. Bargaining unit members who pre-register by June 30 in any year, will have preference for enrollment of their children in the College’s Child Care Center for either the Summer or September of that year.


                  ARTICLE 36 – PHYSICAL EDUCATION CENTER

                  A. All bargaining unit members will be entitled to use the facilities of the Physical Education Center, including use of the swimming pool, the gym for jogging and racquetball courts at no cost.


                  ARTICLE 37 - STRIKES AND LOCKOUTS

                  A. It is agreed that the Union and its members shall not call or engage in a strike (or threats thereof) and that the Board shall not institute a lockout, during the term of this Agreement; nor shall the Union or any of its members cause or participate in any cessation of work, slowdown, work stoppage or interference of any kind with normal Board operations. Employees, however, shall not be required to cross any primary picket line. Employees failing to cross a picket line shall be docked for the time lost on the job.

                  B. In the event of a Wildcat Strike, cessation of work, slowdown or interference of any kind with normal Board operations the Union agrees to promptly use its good offices to remedy the conditions.


                  ARTICLE 38 - MANAGEMENT RIGHTS

                  A. Local #11 recognizes the Board's rights, duties and authority to manage and control the College pursuant to the authority conferred on it by the State of New Jersey and all applicable state and federal laws. The Board retains and reserves all rights of management and control of the College not limited by this Agreement and including but not limited to hiring, firing, promoting, discipline, layoff, transfer, and assignment of the work force.

                  B. All disciplinary action requiring time off shall be given in successive days. There shall be no requirement for any specific days of the week. Time off due to disciplinary action will not affect the accrual of vacation or sick days.

                  C. In administering disciplinary action, the College will follow the principles of progressive discipline.

                  ARTICLE 39 - MISCELLANEOUS PROVISIONS

                  A. No employee shall make or be requested to make any agreement, or to enter into any understanding inconsistent or conflicting with the terms of this Agreement.

                  B. The Board shall provide reasonable bulletin board space for the posting of Union notices to its members. Every notice so posted shall bear the name of the person or organization responsible for it; and a removal date.
                      C. In the absence of emergency conditions, employees not included in the bargaining unit shall not be permitted to perform duties of employees in the aforesaid bargaining unit. This prohibition shall not apply to work/study students or part-time workers.
                          A part-time worker is defined as an individual who works 29 hpw or fewer and is not covered by this agreement. This 29 hpw limitation does not preclude the occasional scheduling of additional hours to meet the operational needs of the College.

                  D. No clause in this Agreement shall be construed or interpreted as to imply any lowering of present wages or working conditions.

                  E. Employees shall not be expected to remove snow except in areas which cannot be reached by snow removal machines. These areas will generally be outdoor stairways, recessed entrances, or small areaways or walks.

                  F. The telephone number to be called to report an absence or lateness prior to the start of the employee’s scheduled start time shall be posted on the union bulletin board.













                  ARTICLE 40 - WAGE RATES

                  A. Salary and classification schedule for 2005-2006:

                  TITLE MINIMUM MAXIMUM
                  Mechanic I $ 35,880 $ 62,617
                  Mechanic II $ 31,946 $ 56,328
                  Mechanic III $ 27,935 $ 47,111
                  Groundsperson I $ 31,946 $ 56,328
                  Groundsperson II $ 27,935 $ 47,111
                  Warehouseperson I $ 26,383 $ 49,859
                  Warehouseperson II $ 22,482 $ 44,096
                  College Center Custodian $ 22,824 $ 46,842
                  Custodian $ 20,879 $ 46,475


                  B. Salary and Classification Schedule for 2006-2007:

                  TITLE MINIMUM MAXIMUM

                  Mechanic I $ 37,243 $ 64,996
                  Mechanic II $ 33,160 $ 58,468
                  Mechanic III $ 28,996 $ 48,901
                  Groundsperson I $ 33,160 $ 58,468
                  Groundsperson II $ 28,996 $ 48,901
                  Warehouseperson I $ 27,386 $ 51,754
                  Warehouseperson II $ 23,336 $ 45,772
                  College Center Custodian $ 23,691 $ 48,622
                  Custodian $ 21,672 $ 48,241


                  C. Salary and Classification Schedule for 2007-2008:

                  TITLE MINIMUM MAXIMUM

                  Mechanic I $ 38,695 $ 67,531
                  Mechanic II $ 34,453 $ 60,748
                  Mechanic III $ 30,127 $ 50,808
                  Groundsperson I $ 34,453 $ 60,748
                  Groundsperson II $ 30,127 $ 50,808
                  Warehouseperson I $ 28,454 $ 53,772
                  Warehouseperson II $ 24,246 $ 47,557
                  College Center Custodian $ 24,615 $ 50,518
                  Custodian $ 22,517 $ 50,122





                  D. Salary and Classification Schedule for 2008-2009:

                  TITLE MINIMUM MAXIMUM

                  Mechanic I $ 40,204 $ 70,165
                  Mechanic II $ 35,797 $ 63,117
                  Mechanic III $ 31,302 $ 52,790
                  Groundsperson I $ 35,797 $ 63,117
                  Groundsperson II $ 31,302 $ 52,790
                  Warehouseperson I $ 29,564 $ 55,870
                  Warehouseperson II $ 25,192 $ 49,412
                  College Center Custodian $ 25,575 $ 52,488
                  Custodian $ 23,395 $ 52,077

                  E. Effective July 1, 2005, base salaries will be increased by 3.7%.

                  F. Effective July 1, 2006, base salaries will be increased by 3.8%.

                  G. Effective July 1, 2007, base salaries will be increased by 3.9%.

                  H. Effective July 1, 2008, base salaries will be increased by 3.9%.

                  I. Effective July 1, 2005 and July 1, 2006, all bargaining unit members will receive a lump sum payment of $100 that will not be added to base salaries.

                  J. Minimum and maximum salaries will be increased by 3.7% for F.Y. 2005/06, 3.8% for F.Y. 2006/07, 3.9% for F.Y. 2007/08, and 3.9% for F.Y. 2008/09.

                  K. No member of the bargaining unit shall be paid for the term of the contract at base salary which is less than the minimum salary or more than the maximum for the classification assigned to him/her.


                  ARTICLE 41 - LEADPERSON

                  A. In the event that a bargaining unit member is promoted to "Leadperson" during the term of this contract, his/her salary shall be increased by ten (10) percent of their current annual base pay on the date of their appointment. Each subsequent increase on July 1 will be based on the annual base pay without the additional lead rate. The (10) percent lead rate will then be added to the new annual base pay.

                  B. It is understood and agreed that the position of "Leadperson" is not subject to "posting" or "seniority" as provided for in the section of this agreement headed "Job Vacancies, New Jobs or Promotions."
                  C. The "Leadperson" shall be selected, and removed by the appropriate Executive Director/Director of the department, without recourse by the Union or the individual to the grievance procedure.
                  D. No "Leadperson" will be required to hire, fire or recommend discipline.


                  ARTICLE 42 – SEVERANCE COMPENSATION PROGRAM
                      A. This provision shall become effective on July 1, 2005 and sunsets at the expiration of this Agreement on June 30, 2009. It shall be effective only for the four year term of this Agreement.

                      B. Any bargaining unit member who has attained the age of fifty-five (55) on or before June 30, 2006, 2007, 2008 or 2009 and who has completed at least fifteen (15) years of full-time service at Middlesex County College on or before June 30, 2006, 2007, 2008 or 2009 may elect to participate in the Severance Compensation Program outlined below. Those who elect to participate in the Program must inform the Executive Director of Labor Relations and Human Resources, in writing, of their intention to participate on or before October 15, 2005, 2006, 2007, or 2008. Participants may elect to leave on December 31 or June 30 of any given year as set forth above.

                      C. Bargaining unit members who elect to participate in the Program will receive a lump sum payment from the College in July of the appropriate year in accordance with the following table:
                          Number of Years of Service Premium*
                                15-20 100%
                                  21 80%
                                  22 70%
                                  23 60%
                                  24 40%
                                  25 30%
                                  26 20%
                                  27 20%
                                  28 10%
                                  29 10%
                      *Calculated by applying the indicated percentage to the 2005-06, 2006-07, 2007-08 or 2008-09 base salary.
                      D. To allow a bargaining unit member who completes fifteen (15) years of service prior to the minimum eligibility age of fifty five (55) to take full advantage of this Program, for purposes of this provision only, such individuals will have their service total reset to fifteen (15) years at age fifty-five (55) to determine eligibility and payment level.
                      E. “Years of Service” for determining eligibility and percentage of salary to be paid shall be calculated based upon full years of service time completed by June 30 of any year in which the bargaining unit member shall leave the College. Participants must meet their minimum age and length of service criteria on or before the date they leave, either December 31 or June 30.
                      F. No more than three (3) bargaining unit members may participate in F.Y. 2005-06. No more than two (2) bargaining unit members may participate in F.Y. 2006-07, 2007-08, and 2008-09. If more than the maximum number of employees apply in any year, participants will be chosen based on unit seniority and the needs of the College.
                      G. This Program cannot be used in conjunction with any other severance compensation program.

                  ARTICLE 43 - DURATION OF AGREEMENT

                  This Agreement shall be effective on July 1, 2005 and shall continue in full force and effect until June 30, 2009.

                  IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed by their duly authorized officers as of the day and year first shown above.


                  MIDDLESEX COUNTY COLLEGE TEAMSTER LOCAL #11



                  ______________________________ __________________________
                  M.C.C. BOARD OF TRUSTEES CHIEF SHOP STEWARD



                  ______________________________ __________________________
                  HUMAN RESOURCES DESIGNEE BUSINESS AGENT
                  RAY MILLIGAN










                  Middlesex Cty College and IBT Loc 11 2005.pdf