PASSED ON: January 8, 2010

And

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ARTICLE 1 PURPOSE

A "Grievance" shall mean a complaint by an employee that there has been as to him a violation, misinterpretation or inequitable application of any of the provisions of this Agreement or of policies, rules and administrative decisions which govern the Township or disciplinary action. Only grievances on the violation, of the Agreement may be submitted to binding arbitration. A grievance must clearly identify at its inception and thereafter that it is a group or class action grievance.

Nothing in this procedure shall preclude an employee from exercising his or her legal or Civil Service rights nor change the exclusivity of the Civil Service Process.

A "grievant" is an employee who files a grievance.

"Representative" is a person or agent designated to represent either party in this procedure. "Day" means a working day unless otherwise noted.

Section 3.02. Procedures

Grievances shall be processed promptly and expeditiously.

Grievances shall be adjudicated according to the terms of this procedure.

Formal grievances and appeal shall be filed in writing.

Communications and decisions concerning formal grievances shall be in writing.

A grievant shall be permitted a representative at all levels of the procedure and witnesses as determined by the hearing officer, provided requests for such are filed two (2) days prior to the hearing by the Union.

Failure by the Union to process a grievance within the specified time limit shall render the grievance as settled in favor of the Township.

Failure by the Township to issue a decision within the specified time limit shall render the grievance advanced to the next level.

Section 3.03. Processing

Time Limit: The number of days indicated at each level should be considered as a maximum and every effort should be made to expedite the process. The time limit specified may, however, be extended by mutual written consent of the parties.

Step 1: The grievant and/or his or her representative shall present a written statement of the alleged grievance to the Commissioner. The grievant must file the written grievance within fifteen (15) calendar days of the occurrence of the grievance. The Commissioner will review the grievance and submit a written answer to the grievance within fifteen (15) calendar days from receipt of the grievance form.

Step 2: If the Union is dissatisfied with the answers submitted by the Commissioner, the Union may appeal the answer of the Commissioner within seven (7) calendar days after receipt of the written answer at the first step of the process. In addition to the information required by the grievance form agreed upon by the parties, the written grievance must identify the specific provision(s) of this Agreement allegedly violated and detail the factual basis for the alleged violation of the identified provision(s). Any fact of provision not specified in writing at Step 2 shall not be raised or considered during subsequent Steps. The Union will request that the Township schedule a hearing before the Commissioner on the matter. The hearing shall be scheduled within fifteen (15) calendar days after receipt of the grievance appeal by the Commissioner.

Step 3: If the Union is still dissatisfied with the answer received from Step 2, then the Union may submit the grievance to arbitration.

Within seven (7) calendar days of the decision of the Township, the Union may request arbitration of the grievance by filing notice of the Union's continued disagreement with the Commissioner.

Within five (5) calendar days of such notice, the Union shall request a panel of arbitrators from the Public Employment Relations Commission for selection of a single arbitrator by the parties.

Within five (5) days of such list, an arbitrator shall be selected by alternatively striking names from the list, the Union striking first. If the arbitrator is unable to serve, a list shall be requested and the process repeated, unless the time is extended by mutual agreement.

Within twenty (20) days of notice of selection, the designated arbitrator shall establish a hearing date, shall establish rules governing such a hearing and shall conduct such hearing.

The arbitrator's decision shall be binding on all parties to the grievance.

The cost of the services of the arbitrator shall be shared equally by the parties of interest. Should any party to the arbitration request a transcript, the cost thereof shall be borne solely by the party requesting it.

The arbitrator shall not have the power to alter, amend or revise any provision of this Agreement. No more than one grievance at a time may be considered by the Arbitrator without prior written agreement of the Parties.

All arbitration proceedings shall be closed proceedings and attendance at the proceedings shall be strictly limited to a maximum of two representatives for the Township and two representatives for the Union, the grievant, and an attorney for the Township and the Union. All witnesses, other than those identified in the previous sentence, shall be sequestered during the proceeding at the request of either party.

Section 3.04. General Provisions

No prejudice will attend any party of interest by reason of the utilization of participation in the grievance procedure.

The filing, pendency or hearing of any grievance shall not impede the normal management of the work force or operation of any of the Township's agencies.

All records of grievance processing shall be filed separately.

Forms for grievance processing shall be mutually agreed upon by the parties to the Agreement past practice notwithstanding. The Union and the Commissioner will distribute the forms, as they require these.

Parties in interest will cooperate in investigating and providing information concerning a grievance being processed.

Notices of hearing shall be made to the grievant at least forty-eight (48) hours in advance and such hearings shall be held on the Township's premises.

The Township agrees that in the presentation of a grievance, there shall be no loss of pay for the time spent in presenting the grievance by the grievant and one (1) Union representative who is an employee of the Township through the grievance procedure. However, no employee or official will be permitted to investigate or process grievances during working hours without the approval of the Commissioner.

Saturdays, Sundays and holidays as identified in this Agreement shall be considered working days in computing the time of the foregoing.

Any employee shall be entitled to the assistance of a Union officer or representative in all steps of the foregoing grievance procedure. An employee shall not lose pay for time spent during his or her regular working hours at the foregoing steps of the grievance procedure. In the event that it is necessary to require the attendance of other employees during any of the above steps, the time spent for testimony by up to a maximum of three (3) employees called by the Union shall not lose pay for such time. The time spent by any employee called by the Township for testimony shall not lose pay for such time.

The number of days indicated at each level of the grievance procedure shall be considered as a maximum and every effort should be made to expedite the process.

Nothing herein contained shall be construed as limiting the right of an employee having a grievance to discuss the matter informally with his immediate supervisor.

ARTICLE 4 SICK LEAVE

1. Intent to retire or not.
2. Choice of terminal sick time or payment for unused sick time.

Sick leave shall be exhausted prior to temporary disability benefits, including paid family leave.

ARTICLE 5 VACATIONS

1. Except as otherwise provided herein, the Township's vacation policy shall be as set forth in Ordinance 80-1.
2. Each employee of the unit shall be permitted to sellback unused vacation time earned in that year at the rate of 80%. The request to sellback unused vacation leave must be made by November 15th, and payment shall be made to the employee by the January 15th of the following year.
   ARTICLE 6 HOLIDAYS

New Year's Day	Memorial Day	Election Day
Martin Luther King's Birthday	Independence Day	Thanksgiving Day
Lincoln's Birthday	Labor Day	Day after Thanksgiving
Washington's Birthday	Columbus Day	Christmas Day
Good Friday	Veteran's Day

ARTICLE 13 RAIN GEAR

1. All employees shall be expected to complete their work in the time allotted for their scheduled work day. Any employee scheduled to work beyond their regularly scheduled work day shall be paid at the rate of time and one-half after eight (8) continuous working hours per day or forty (40) working hours per week of work have been completed.- unless the employee is paid more than the time and one half rate under a different provision of this agreement in which case the employee shall receive only that higher rate. In all cases, forty (40) working hours in any one (1) week must be completed prior to overtime.

1. If any employee is required to work on a holiday, he shall receive time and one-half for all hours worked plus one day straight time wages provided that such holiday pay shall not be in addition to other premium pay.

1. If an employee concludes his scheduled work day and is called to return to work from his or her home, he or she shall be compensated with a guarantee of four (4) hours work upon the employee's return to his or her work location for the call in work assignment. No employee will be paid less than four (4) hours wages for the four (4) hour period at the applicable rate of the time of call in.

1. Whenever employees are required to work in an emergency situation, there shall be at least two (2) employees working at all times. Emergency situations shall constitute all snow removal work and any other job situations caused by hurricanes, floods or snow. All employees must be granted first option on all emergency situations as outlined.

1. During periods of emergencies such as listed in PARAGRAPH D, after an employee has completed twelve (12) hours of continuous work, he shall be entitled to a rest period of

four (4) hours with pay provided he immediately returns to continue for at least eight (8) hours. There will be a guarantee of at least eight (8) hours additional work.

1. Any employee required to work during an emergency situation which occurs outside of the employee's scheduled work hours and results in additional hours of work shall receive two (2) times his regular rate of pay.
2. When Town Flail is closed for reasons other than holidays and emergencies as declared by the Commissioner specified herein, all Road Department Public Works and Ground Maintenance Employees, who are required to work shall be paid double time for all hours worked.
3. All overtime must be paid on a separate check. There shall be no stacking of premium pay.
   ARTICLE 16 SENIORITY

1. A job opening or vacancy shall be posted on an appropriate bulletin board for five (5) working days.

1. The Employer will endeavor to fill permanent job openings by promoting employees from the next lower job titles, provided those employees posses the requirements enunciated by Civil Service Law and who are subsequently certified by Civil Service. In all instances employees promoted must possess the skill, ability and knowledge to perform the duties required of the higher rated job.

1. If there are two (2) or more employees with the equal skill and ability to perform the work at the discretion of the administration, which may not be arbitrarily or capriciously withheld, the employee with the greatest seniority shall be given preference. If the employee meeting the foregoing criteria cannot perform the higher rated job, once promoted to the higher rated job, then the administration shall promote the employee, which it deems to be the next eligible. Skill and ability includes the employee's job performance.

1. A permanent job opening or vacancy in the bargaining unit constituting a promotion shall be posted on appropriate bulletin boards for a period of five (5) calendar days. During such period of time the permanent job opening or vacancy shall be posted, a temporary job opening with respect to the posted position shall be deemed to exist. The Commissioner shall have the right, at his discretion, to fill any temporary job opening by transfer or otherwise, until such time as it may be permanently filled. In the event that a permanent job opening is not filled within (5) days of the posting of a notice, the Commissioner, in his or her discretion, may fill such permanent job opening or vacancy.

1. No employee shall be transferred without reason or cause and shall be granted a ten (10) day notice on which to reply to any notice of transfer. An employee may discuss any transfer with his immediate supervisor or the Commissioner. After a necessary discussion, the employee shall comply with the transfer order. If the transfer is necessitated by a vacancy and the Commissioner decides not to transfer the employee, then the vacancy shall be filled through the provisions established and through the job posting procedure as agreed to in this contract.

1. Overtime Rotation Overtime in the Blue Collar Unit shall be assigned in accordance with the seniority list, which shall set forth the names of the employees in each classification, in order of their seniority. The first overtime assignment on a particular occasion shall be assigned to the most senior employee on the seniority list in that classification. If the most senior employee is unwilling to accept the overtime assignment, the next most senior employee shall have the opportunity to accept that assignment. Overtime assignments will proceed down the seniority list. If an employee to whom the overtime assignment has been offered shall decline to accept that assignment, he will be passed and will not be offered any other overtime assignment until his turn is reached again. If an employee is offered an overtime assignment and is unable to perform the assignment because he is unqualified to do the work assigned, he will be offered the next overtime assignment. In the event that all employees who are offered a particular overtime assignment decline to accept the assignment, the least senior employee who is offered the assignment and who is qualified to perform the assignment shall be obliged to accept it. No employee will be permitted to accept an overtime assignment if the employee does not possess the skill and ability to perform the work.

Vacations - Whenever more than one (1) employee within the job classification requests vacation at a job location at any particular time, the Township shall endeavor to honor all vacations as requested. However, when vacations cannot be granted to all employees requesting vacations for a particular period, the employees with the greatest seniority shall be granted their vacation first. Employees shall submit written notice to the Commissioner no less than thirty (30) days in advance for use of paid vacation which shall be granted at the discretion of the employee's supervisor. Approval of the dates for vacation time remains at the Township's discretion. The Cormnissioner may, in his sole discretion, grant vacation time on shorter notice.

1. When the Township decides to reduce the number of employees in any particular job title, the employee or employees with the least seniority shall be laid off first.

1. Employees shall be recalled for work from layoff in the order of their seniority which shall be confinned in writing by the Commissioner, provided that they have the requisite qualifications, ability to perform the work available and notify the Commissioner in writing within five (5) days that the fonner employee shall accept reinstatement from layoff. Employees continuously laid off for a period of two (2) years or more shall not be entitled to recall.

ARTICLE 18 JOB POSTING

ARTICLE 20 LONGEVITY

Years of Service Payment of Annual Base Salary

Upon completion of 3 years	2%
*Each year thereafter	1 %
Maximum	8%
After 20 years of service	10%

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1. In is further understood that, if an employee is injured on his way to work or on returning from work, such injury will be considered job related for the purposes of workers compensation or other medical benefits.

1. The Township agrees to provide the Travelers Insurance Program, which includes a Dental Plan, Eyeglass Plan, and Prescription Plan to all employees.

1. The Prescription Plan co-pay is $5.00 for generic, and $10.00 for name brand/non­generic.

This coverage along with the basic Blue Cross/Blue Shield Plan shall continue to be provided to the employee by the Township upon the employee's retirement at twenty-five (25) years service. Any change in the above coverage must be equal to or better than existing coverage.

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

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

1. To reprimand, suspend, discharge or otherwise discipline employees for cause;

To hire, promote, transfer, assign, reassign, layoff and recall employees to work in accordance with Civil Service Rules and seniority;

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

1. To maintain the efficiency of employees, to establish, expand, reduce, alter, combine, consolidate or abolish any job or job classification, department or operation or service, in accordance with Civil Service Rights;

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

8. To make or change Township rules, regulations, policies and practices consistent with the specific terms and provisions of this Agreement and consistent with Civil Service Rules and Regulations.

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The Union agrees that if any type of concerted activity occurs, as noted above, the Union will take immediate steps to terminate such activities and will condemn such activities. An employee who engages in any of the prohibited activities shall be subject to disciplinary action.

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1. The parties agrees that the following promotional, equity adjustments and across the board raises will be applicable to these personnel covered by this bargaining unit. The salary increase for the one (1) year term of this agreement shall be 3.5% calculated on the base salary, effective January 1, 2009 through December 31, 2009.

1. Effective July 1, 2005, the minimum salary for any member of this unit shall be $23,000.00.

ARTICLE 34 CDL LICENSE

ARTICLE 35 DURATION

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IN WITNESS WHEREOF, the parties have hereunto affixed their hand and seals. ATTEST:

FOR THE TOWNSHIP OF FOR THE INTERNATIONAL
LONG BEACH: BROTHERHOOD OF TEAMSTERS, LOCAL NO.35

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RALPH BA
Commissioner, Deptannent of Public Works.

And

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ARTICLE 35 DURATION 15

ARTICLE 1 PURPOSE

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Only grievances on the violation, of the Agreement may be submitted to binding arbitration. A grievance must clearly identify at its inception and thereafter that it is a group or class action grievance.

Nothing in this procedure shall preclude an employee from exercising his or her legal or Civil Service rights nor change the exclusivity of the Civil Service Process.

A "grievant" is an employee who files a grievance.

"Representative" is a person or agent designated to represent either party in this procedure. "Day" means a working day unless otherwise noted.

Section 3.02. Procedures

Grievances shall be processed promptly and expeditiously.

Grievances shall be adjudicated according to the terms of this procedure.

Formal grievances and appeal shall be filed in writing.

Communications and decisions concerning formal grievances shall be in writing.

A grievant shall be permitted a representative at all levels of the procedure and witnesses as determined by the hearing officer, provided requests for such are filed two (2) days prior to the hearing by the Union.

Failure by the Union to process a grievance within the specified time limit shall render the grievance as settled in favor of the Township.

Failure by the Township to issue a decision within the specified time limit shall render the grievance advanced to the next level.

Section 3.03. Processing

Time Limit: The number of days indicated at each level should be considered as a maximum and every effort should be made to expedite the process. The time limit specified may, however, be extended by mutual written consent of the parties.

Step 1: The grievant and/or his or her representative shall present a written statement of the alleged grievance to the Commissioner. The grievant must file the written grievance within fifteen (15) calendar days of the occurrence of the grievance. The Commissioner will review the grievance and submit a written answer to the grievance within fifteen (15) calendar days from receipt of the grievance form.

Step 2: If the Union is dissatisfied with the answers submitted by the Commissioner, the Union may appeal the answer of the Commissioner within seven (7) calendar days after receipt of the

written answer at the first step of the process. In addition to the information required by the grievance form agreed upon by the parties, the written grievance must identify the specific provision(s) of this Agreement allegedly violated and detail the factual basis for the alleged violation of the identified provision(s). Any fact of provision not specified in writing at Step 2 shall not be raised or considered during subsequent Steps. The Union will request that the Township schedule a hearing before the Commissioner on the matter. The hearing shall be scheduled within fifteen (15) calendar days after receipt of the grievance appeal by the Commissioner.

Step 3: If the Union is still dissatisfied with the answer received from Step 2, then the Union may submit the grievance to arbitration.

Within seven (7) calendar days of the decision of the Township, the Union may request arbitration of the grievance by filing notice of the Union's continued disagreement with the Commissioner.

Within five (5) calendar days of such notice, the Union shall request a panel of arbitrators from the Public Employment Relations Commission for selection of a single arbitrator by the parties.

Within five (5) days of such list, an arbitrator shall be selected by alternatively striking names from the list, the Union striking first. If the arbitrator is unable to serve, a list shall be requested and the process repeated, unless the time is extended by mutual agreement.

Within twenty (20) days of notice of selection, the designated arbitrator shall establish a hearing date, shall establish rules governing such a hearing and shall conduct such hearing.

The arbitrator's decision shall be binding on all parties to the grievance.

The cost of the services of the arbitrator shall be shared equally by the parties of interest. Should any party to the arbitration request a transcript, the cost thereof shall be borne solely by the party requesting it.

The arbitrator shall not have the power to alter, amend or revise any provision of this Agreement. No more than one grievance at a time may be considered by the Arbitrator without prior written agreement of the Parties.

All arbitration proceedings shall be closed proceedings and attendance at the proceedings shall be strictly limited to a maximum of two representatives for the Township and two representatives for the Union, the grievant, and an attorney for the Township and the Union. All witnesses, other than those identified in the previous sentence, shall be sequestered during the proceeding at the request of either party.

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Section 3.04. General Provisions

No prejudice will attend any party of interest by reason of the utilization of participation in the grievance procedure.

The filing, pendency or hearing of any grievance shall not impede the normal management of the work force or operation of any of the Township's agencies.

All records of grievance processing shall be filed separately.

Forms for grievance processing shall be mutually agreed upon by the parties to the Agreement past practice notwithstanding. The Union and the Commissioner will distribute the forms, as they require these.

Parties in interest will cooperate in investigating and providing information concerning a grievance being processed.

Notices of hearing shall be made to the grievant at least forty-eight (48) hours in advance and such hearings shall be held on the Township's premises.

The Township agrees that in the presentation of a grievance, there shall be no loss of pay for the time spent in presenting the grievance by the grievant and one (1) Union representative who is an employee of the Township through the grievance procedure. However, no employee or official will be permitted to investigate or process grievances during working hours without the approval of the Commissioner.

Saturdays, Sundays and holidays as identified in this Agreement shall be considered working days in computing the time of the foregoing.

Any employee shall be entitled to the assistance of a Union officer or representative in all steps of the foregoing grievance procedure. An employee shall not lose pay for time spent during his or her regular working hours at the foregoing steps of the grievance procedure. In the event that it is necessary to require the attendance of other employees during any of the above steps, the time spent for testimony by up to a maximum of three (3) employees called by the Union shall not lose pay for such time. The time spent by any employee called by the Township for testimony shall not lose pay for such time.

The number of days indicated at each level of the grievance procedure shall be considered as a maximum and every effort should be made to expedite the process.

Nothing herein contained shall be construed as limiting the right of an employee having a grievance to discuss the matter informally with his immediate supervisor.

ARTICLE 4 SICK LEAVE

Sick leave shall accumulate at the rate of one and one-quarter (1 1/4) days per month in the first year of service, commencing on the first month or major portion therefore from the date of hire. It is assumed the employee shall remain in the service of the Township for the remainder of the calendar year and the total number of sick days, prorated shall be credited to the employee. If separation occurs before the end of the year and more sick leave has been taken than appropriated on a prorated basis, the per diem rate of pay for the excess days shall be deducted from the final pay. Sick leave shall accumulate from year to year with an additional fifteen (15) days credited to the employee at the beginning of each successive calendar year. Days lost due to an injury or illness for which the employee receives salary replacement through Worker's Compensation shall not be charged to sick leave. All other time shall be charged to sick leave. Paid holidays occurring during a period of sick leave shall not be chargeable to sick leave.

1. Intent to retire or not.
2. Choice of terminal sick time or payment for unused sick time.

1. All other policies of the Township, as may be amended from time to time, regarding sick leave are incorporated into this Agreement, unless specifically altered herein.

1. Sick leave shall be exhausted prior to temporary disability benefits, including paid family leave.

1. All leave time, whether paid or unpaid, that is used or allowed in connection with an event that is also covered under federal and/or state leave laws shall run contemporaneously with leave under federal and/or state leave laws in accordance with the Township's FMLA/NJFLA policy.
   ARTICLE 5 VACATIONS

1. Except as otherwise provided herein, the Township's vacation policy shall be as set forth in Ordinance 80-1.

1. Each employee of the unit shall be permitted to sellback unused vacation time earned in that year at the rate of 80%. The request to sellbaclc unused vacation leave must be made by November 15th, and payment shall be made to the employee by the January 15th of the following year.
   ARTICLE 6 HOLIDAYS_,

New Year's Day	Memorial Day	Election Day
Martin Luther King's Birthday	Independence Day	Thanksgiving Day
Lincoln's Birthday	Labor Day	Day after Thanksgiving
Washington's Birthday	Columbus Day	Christmas Day
Good Friday	Veteran's Day

Supervisory employees shall promptly report any form of discrimination or retaliation in accordance with the Complaint Procedures and releated policies established by the Township.

ARTICLE 13 RAIN GEAR

1. All employees shall be expected to complete their work in the time allotted for their scheduled work day. Any employee scheduled to work beyond their regularly scheduled work day shall be paid at the rate of time and one-half after eight (8) continuous working hours per day or forty (40) working hours per week of work have been completed.- unless the employee is paid more than the time and one half rate under a different provision of this agreement in which case the employee shall receive only that higher rate. In all cases, forty (40) working hours in any one (1) week must be completed prior to overtime.

1. If any employee is required to work on a holiday, he shall receive time and one-half for all hours worked plus one day straight time wages provided that such holiday pay shall not be in addition to other premium pay.

1. If an employee concludes his scheduled work day and is called to return to work from his or her home, he or she shall be compensated with a guarantee of four (4) hours work upon the employee's return to his or her work location for the call in work assignment. No employee will be paid less than four (4) hours wages for the four (4) hour period at the applicable rate of the time of call in.

1. Whenever employees are required to work in an emergency situation, there shall be at least two (2) employees working at all times. Emergency situations shall constitute all snow removal work and any other job situations caused by hurricanes, floods or snow. All employees must be granted first option on all emergency situations as outlined.

1. During periods of emergencies such as listed in PARAGRAPH D, after an employee has completed twelve (12) hours of continuous work, he shall be entitled to a rest period of four (4) hours with pay provided he immediately returns to continue for at least eight (8) hours. There will be a guarantee of at least eight (8) hours additional work.
2. Any employee required to work during an emergency situation which occurs outside of the employee's scheduled work hours and results in additional hours of work shall receive two (2) times his regular rate of pay.
3. When Town Hall is closed for reasons other than holidays and emergencies as declared by the Commissioner specified herein, all Road Department Public Works and Ground Maintenance Employees, who are required to work shall be paid double time for all hours worked.
4. All overtime must be paid on a separate check. There shall be no stacking of premium pay.
   ARTICLE 16 SENIORITY

1. A job opening or vacancy shall be posted on an appropriate bulletin board for five (5) working days.

1. The Employer will endeavor to fill permanent job openings by promoting employees from the next lower job titles, provided those employees posses the requirements enunciated by Civil Service Law and who are subsequently certified by Civil Service. In all instances employees promoted must possess the skill, ability and knowledge to perform the duties required of the higher rated job.
2. If there are two (2) or more employees with the equal skill and ability to perform the work at the discretion of the administration, which may not be arbitrarily or capriciously withheld, the employee with the greatest seniority shall be given preference. If the employee meeting the foregoing criteria cannot perform the higher rated job, once promoted to the higher rated job, then the administration shall promote the employee, which it deems to be the next eligible. Skill and ability includes the employee's job performance.
3. A permanent job opening or vacancy in the bargaining unit constituting a promotion shall be posted on appropriate bulletin boards for a period of five (5) calendar days. During such period of time the permanent job opening or vacancy shall be posted, a temporary job opening with respect to the posted position shall be deemed to exist. The Commissioner shall have the right, at his discretion, to fill any temporary job opening by transfer or otherwise, until such time as it may be permanently filled. In the event that a

permanent job opening is not filled within (5) days of the posting of a notice, the Commissioner, in his or her discretion, may fill such permanent job opening or vacancy.

1. No employee shall be transferred without reason or cause and shall be granted a ten (10) day notice on which to reply to any notice of transfer. An employee may discuss any transfer with his immediate supervisor or the Commissioner. After a necessary discussion, the employee shall comply with the transfer order. If the transfer is necessitated by a vacancy and the Commissioner decides not to transfer the employee, then the vacancy shall be filled through the provisions established and through the job posting procedure as agreed to in this contract.

1. Overtime Rotation Overtime in the Blue Collar Unit shall be assigned in accordance with the seniority list, which shall set forth the names of the employees in each classification, in order of their seniority. The first overtime assignment on a particular occasion shall be assigned to the most senior employee on the seniority list in that classification. If the most senior employee is unwilling to accept the overtime assignment, the next most senior employee shall have the opportunity to accept that assignment. Overtime assignments will proceed down the seniority list. If an employee to whom the overtime assignment has been offered shall decline to accept that assignment, he will be passed and will not be offered any other overtime assignment until his turn is reached again. If an employee is offered an overtime assignment and is unable to perform the assignment because he is unqualified to do the work assigned, he will be offered the next overtime assignment. In the event that all employees who are offered a particular overtime assignment decline to accept the assignment, the least senior employee who is offered the assignment and who is qualified to perform the assignment shall be obliged to accept it. No employee will be permitted to accept an overtime assignment if the employee does not possess the skill and ability to perform the work.

Vacations Whenever more than one (1) employee within the job classification requests vacation at a job location at any particular time, the Township shall endeavor to honor all vacations as requested. However, when vacations cannot be granted to all employees requesting vacations for a particular period, the employees with the greatest seniority shall be granted their vacation first. Employees shall submit written notice to the Commissioner no less than thirty (30) days in advance for use of paid vacation which shall be granted at the discretion of the employee's supervisor. Approval of the dates for vacation time remains at the Township's discretion. The Commissioner may, in his sole discretion, grant vacation time on shorter notice.

When the Township decides to reduce the number of employees in any particular job title, the employee or employees with the least seniority shall be laid off first.

ARTICLE 18 JOB POSTING

ARTICLE 20 LONGEVITY

Years of Service Payment of Annual Base Salar

Upon completion of 3 years	2%
*Each year thereafter	1 %
Maximum	8%
After 20 years of service	10%

1. In is further understood that, if an employee is injured on his way to work or on returning from work, such injury will be considered job related for the purposes of workers compensation or other medical benefits.

1. The Township agrees to provide the Travelers Insurance Program, which includes a Dental Plan, Eyeglass Plan, and Prescription Plan to all employees.

1. The Prescription Plan co-pay is $5.00 for generic, and $10.00 for name brand/non­generic.

1. This coverage along with the basic Blue Cross/Blue Shield Plan shall continue to be provided to the employee by the Township upon the employee's retirement at twenty-five (25) years service. Any change in the above coverage must be equal to or better than existing coverage.

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

1. The right to establish and administer policies and procedures related to personnel matters, Township controlled activities, training, operational functions, performance of services and maintenance of the facilities and equipment of the Township;
1. To reprimand, suspend, discharge or otherwise discipline employees for cause;

To hire, promote, transfer, assign, reassign, layoff and recall employees to work in accordance with Civil Service Rules and seniority;

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

1. To maintain the efficiency of employees, to establish, expand, reduce, alter, combine, consolidate or abolish any job or job classification, department or operation or service, in accordance with Civil Service Rights;

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

1. To make or change Township rules, regulations, policies and practices consistent with the specific terms and provisions of this Agreement and consistent with Civil Service Rules and Regulations.

The sole method for resolving any disagreement concerning this Agreement shall be covered by the procedures contained in this Agreement or legal remedies available to the parties that do not constitute strikes or work stoppages.

The Union agrees that if any type of concerted activity occurs, as noted above, the Union will take immediate steps to terminate such activities and will condemn such activities. An employee who engages in any of the prohibited activities shall be subject to disciplinary action.

provided by the bargaining agent. The bargaining agent agrees to save the Employer harmless from any and all action it takes under this Article.

1. The parties agrees that the following promotional, equity adjustments and across the board raises will be applicable to these personnel covered by this bargaining unit. The salary increase for the one (1) year term of this agreement shall be 3.5% calculated on the base salary, effective January 1, 2009 through December 31, 2009.
2. Effective July 1, 2005, the minimum salary for any member of this unit shall be $23,000.00.

ARTICLE 34 CDL LICENSE

ARTICLE 35 DURATION

IN WITNESS WHEREOF, the parties have hereunto affixed their hand and seals. ATTEST:

FOR THE TOWNSHIP OF FOR THE INTERNATIONAL
LONG BEACH: BROTHERHOOD OF TEAMSTERS, LOCAL NO. 35 (Supervisor's Unit)

RALPH BAYARD Commissioner, Deptannent of Public Works.
J

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