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02/18/05AGREEMENT THIS AGREEMENT made and entered into this___________day of________________, 2003, by and between the TOWNSHIP OF VOORHEES, a municipal corporation of the Sate of New Jersey, hereinafter referred to as “Township”, and the VOORHEES TOWNSHIP SERGEANTS ASSOCIATION, an unincorporated labor organization, hereinafter referred to as the “Association” or “Sergeants” or “employee”.
WITNESSETH:
WHEREAS, the Association has been recognized by the governing body of the Township as the collective bargaining agent for certain Police Department employees employed by the Township and negotiations having been pursued in accordance with the provisions of Chapter 303 of the Public Laws of 1968 and the parties hereto desiring to reduce their understanding to written form;
NOW, THEREFORE, in consideration of the mutual promises and agreements by the parties hereto, it is mutually agreed as follows:
Article 1
RECOGNITION The Township hereby recognizes the Association as the exclusive bargaining
representative for the unit of employees defined so as to mean Sergeants of the Police Department of the Township.
Article 2
HOURS OF WORK All Association members are required to work 2080 hours per year. All understandings pertaining to schedules, shifts, side job scheduling, and training scheduling are contained in the sidebar dated April 4, 2003.
The Township reserves the right to make any change in the schedule. However, any change in schedule shall be made known to the affected officers at least thirty (30) days prior to implementation.
Article 3
OVERTIME PAYMENTS Overtime shall also be calculated as follows:
A. Any overtime worked outside the normal workday or schedule shall be calculated at time and one-half.
B. No Sergeant covered by this Agreement shall have his/her shift, work day or work week changed for the purpose of avoiding overtime.
C. Overtime increments shall be calculated as follows: first thirty (30) minutes of any employee’s shift shall be without compensation. Greater than thirty (30) minutes up to an hour shall constitute one hour. Anything past an hour up to thirty (30) minutes shall be 1½ hours of overtime with each half hour increment being rounded upwards from that point. For example; 1 hour 10 minutes shall equal 1-½ hours of overtime, 1 hour 46 minutes shall equal 2 hours overtime.
D. Compensation for overtime performed during the work schedule shall be paid in the following payroll period except for hours worked during the last three (3) days of a payroll period with those payments being made on the next payroll period.
Article 4
COMPENSATORY TIME At no time during the term of this contract may an officer accumulate more than a total of two hundred (200) hours of leave. Leave will include compensatory time, vacation and holidays. Personnel who notify the Township of their prospective retirement date one hundred eighty (180) days prior to their termination will be permitted to use their accumulated compensatory time as terminal leave.
Article 5
HOLIDAYS
There shall be granted to the Association one hundred twelve (112) holiday hours per year per Association Member. Any employee who terminates his/her employment with the Township or whose employment the Township terminates shall be entitled to holiday hours on a pro-rated monthly basis.
Article 6
VACATIONS
During first calendar year of service 8 hours per month
Through completion of four (4) years 96 hours annually
of service
Completion of five (5) years of service up to
completion of nine (9) years of service 120 hours annually
Completion of ten (10) years of service up to
completion of fourteen (14) years of service 136 hours annually
Completion of fifteen (15) years of service 160 hours annually
Completion of twenty (20) years of service 168 hours annually
Any employee who terminates his/her employment with the Township or whose employment the Township terminates shall be entitled to vacation hours on a pro-rated monthly basis.
Article 7
RETIREMENT Employees shall retain all pension rights available to them under the applicable laws of the State of New Jersey and the Ordinance of the Township of Voorhees.
Article 8
SENIOR SERGEANTS All sergeants, upon the completion of twenty (20) years of service in law enforcement with Voorhees Township, shall be deemed senior sergeants.
Article 9
SALARIES
Effective Date SERGEANTS SENIOR SERGEANTS
January 1, 2003 $ 76,780.00 $ 78,315.00
January 1, 2004 79,852.00 81,500.00
January 1, 2005 82,966.00 84,625.00
Article 10
LONGEVITY Completion of five (5) years through nine (9)
years of service 1% of base salary
Completion of ten (10) years through
fourteen (14) years of service 1 ½% of base salary
Completion of fifteen (15) years through
nineteen (19) years of service 2% of base salary
Completion of twenty (20) years and over
of service 2 ½% of base salary
Those officers joining the Association after March 9, 1998, will only be entitled to receive longevity equal to those longevity benefits that they were receiving prior to becoming a member of the Association. Longevity pay shall be calculated in the beginning of the year and included and paid in the biweekly base salary.
Article 11
CLOTHING ALLOWANCE All employees covered by the terms of this Agreement shall be entitled to One Thousand Dollars ($1,000.0) annually. In addition, clothing destroyed “in the line of duty” shall be replaced at no expense to the employee. Payment shall be made after the submission of an appropriate voucher. All clothing purchases must be approved by the administration.
Article 12
LEGAL REPRESENTATION The Township shall provide legal representation for any employee who has criminal or civil charges brought against him/her resulting from the performance of his/her duties provided that:
A. The attorney is mutually agreed upon by the Township and the employee.
B. The attorney’s hourly fees are consistent with the normal hourly fee charged in this area.
C. The hours spent in defending the employee are reasonable in regard to the charge against him/her.
D. Any excess in B and C above are the responsibility of the employee.
E. There is no conflict between the employee’s defense and the Township’s best interest.
Article 13
SICK TIME Employees shall be entitled to 120 hours of sick leave per year. Any amount of sick leave allowance not used in any calendar year shall accumulate to the employee’s credit from year to year to be used if and when needed for such purpose. Sick leave shall not be charged to any employee when the Township is reimbursed for employee’s salary by worker’s compensation. After three (3) days absence, or a pattern of absenteeism, the Township reserves the right to require acceptable medical evidence substantiating the illness.
Employee shall, upon retirement, be reimbursed by the Township in a cash payment for accrued sick leave at the rate of twenty-five percent (25%) of the employee’s highest daily base salary at the time of retirement. Any employee who terminates his/her employment with the Township or whose employment the Township terminates shall be entitled to sick time on a pro-rated monthly basis for the year of separation.
Article 14
HEALTH BENEFITS All health benefits presently in effect at the beginning of this contract will remain in full force and effect for those officers who are members of the Association at the time of the signing of this contract.
Those officers achieving the rank of Sergeant after March 9, 1998, will only receive health benefits equal to those benefits they were receiving immediately prior to becoming a Sergeant. Those individuals required to contribute as Police Officers will continue to contribute on the same basis that they contributed prior to becoming a Sergeant.Article 15
PERSONNEL FILES Any Association member may review his/her own personnel file by so notifying the Chief of Police of his/her intent. Internal Affairs Investigations may not be reviewed.
Article 16
LIFE INSURANCE The Township shall supply and cover each Association member with a $10,000.00 life insurance policy. Said policy will provide for coverage for both pre- and post- retirement employees. Said policy shall be in addition to any other applicable coverage.
Article 17
RETIREMENT, SEPARATION, DEATH OR DISABILITY 1. Employees shall retain all pension rights available to them under the applicable laws of the State of New Jersey and the ordinances of the Township of Voorhees.
2. Any members of the Police Department who shall retire after twenty-five (25) years in the pension system shall continue to be enrolled with the Township’s medical plan as per the practice of the Township.
Article 18
K-9 UNIT Any Sergeant assigned to the K-9 unit shall receive an additional annual salary of $3,500.00 in lieu of time off to care for the animal in question.Article 19
GRIEVANCE PROCEDURES A. The term “grievance” means a claim by any employee covered by this Agreement that, as to him/her, there has been an inequitable, improper or unjust application, interpretation or violation of a policy, agreement or administrative decision affecting said employee.
B. The purpose of this procedure is to secure, at the lowest possible level, equitable solutions to the problems, which may from time to time arise affecting the welfare or terms and conditions of employment of members of the Voorhees Township Sergeants Association. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of the procedure.
C. An aggrieved employee shall institute action under the provisions hereof within twenty (20) calendar days of the occurrence complained of or within twenty (20) calendar days after he/she would reasonably be excepted to know of its occurrence. Failure to act within said twenty (20) day period shall be deemed to constitute an abandonment of the grievance.
D. An employee processing a grievance shall be assured freedom from restraint, interference, coercion, and discrimination of reprisal.
E. In the presentation of a grievance, the employee shall have the right to present his/her own grievance or to designate a representative to appear with him/her at any step of the procedure. Either side reserves the right to designate a representative to participate at any stage of the grievance procedure. If requested as to the appearance of a representative either side shall share that information upon request.
F. An employee shall first discuss his/her grievance orally with his/her immediate superior and a decision shall be rendered within five (5) days of such discussion.
G. If the grievance is not resolved to the employee’s satisfaction within five (5) days from the determination referred to in Paragraph F above, the employee shall submit his/her grievance to the Chief of Police in writing, specifying:
1. The nature of the grievance;
2. The results of the previous discussion; and
3. The basis of his/her dissatisfaction with the determination.
H. Within ten (10) days from the receipt of the written grievance (unless a different period is mutually agreed upon) the Chief of Police shall hold a hearing at which all parties in interest shall have the right to be heard.
I. Within ten (10) days of said hearing (unless a different period is mutually agreed upon), the Chief of Police shall, in writing, advise the employee and his representative, if there be one, of his determination.
J. In the event of the failure of the Chief of Police to act in accordance with the provisions of Paragraph H and I or in the event a determination by him in accordance with the provisions thereof is deemed unsatisfactory by the aggrieved employee, within ten (10) days of the failure of the Chief of Police to act or within ten (10) days of the determination by him said employee may appeal to the Administrator or Township Committee designee.
K. If the grievant, in his/her appeal to the Township Committee, does not request a hearing, the Township Committee may consider the appeal on the written record submitted to it or the Township Committee may, on its own motion, conduct a hearing or it may request the submission of additional written material. Where additional written materials are requested by the Township Committee, copies thereof shall have be served upon the adverse parties who shall the right to reply thereto. Where the grievant requests in writing a hearing before the Township Committee, a hearing shall be held.
L. The Administrator shall make a determination within twenty-one (21) days from the receipt of the grievance and shall in writing notify the employee, his/her representative, if there be one, and the Chief of Police of its determination. This time period may be extended by mutual agreement of the parties.
M. In the event an employee is dissatisfied with the determination of the Township Administrator, he/she shall have the right to request advisory arbitration pursuant to rules and regulations established by the Public Employment Relations Commission under the provisions of Chapter 303, Laws of 1968 or at his/her option, through the American Arbitration Association. A request for advisory arbitration shall be made no later than fifteen (15) days following the determination of the Township Administrator. Failure to file within said time period shall constitute a bar to such arbitration unless the aggrieved employee and the Township Committee shall mutually agree upon a longer period of time within which to assert such a demand.
N. The arbitrator’s decision shall be in writing and shall set forth his/her findings of fact, reasoning and conclusions on the issues submitted. The arbitrator shall be without power or authority to make any decisions, which require the commission of an act, prohibited by law or which is violative of the terms of the Agreement.
O. The following matters shall not be arbitrable:
1. The failure or refusal of the Township Committee to give permanent employment to a probationary or temporary employee;
2. Matters where a method of review is prescribed by law or by any rule or regulation of the Civil Service Commission unless the employee involved has permitted his/her right to appeal to the Civil Service Commission to lapse;
3. Matters where the Township Committee is without authority to act;
4. Matters involving the statutory or discretionary powers of the Township Committee and the Chief of Police.
Article 20
PAYDAYS Township reserves the right to establish paydays with the understanding that there be a minimum of two (2) paydays per month.
Article 21
MISCELLANEOUS The terms and provisions of this agreement are subject to Chapter 303 of the Public Laws
of 1968, as amended, and the terms and conditions herein shall in no way be construed so as to be in derogation of existing policies and benefits granted to the said employees which are not covered by this Agreement. Said policies and benefits are to continue in the manner in existence at the time of the signing of this agreement. The Township will incur no obligations nor make any expenditures under the terms of this contract unless said obligations or expenditures are in accordance with the laws of New Jersey.
Article 22
DURATION OF THE CONTRACT This contract shall be in effect from January 1, 2003, and shall continue in full force effect through December 31, 2005.
IN WITNESS WHEREOF, the parties hereto have affixed their hands and seals or caused their corporate seal to be affixed the day, month, and year first written.
TOWNSHIP OF VOORHEES
ATTEST:
_____________________________ BY: _______________________________
VOORHEES TOWNSHIP SERGEANTS
ATTEST: ASSOCIATION
_____________________________ BY: _______________________________ |