ARTICLE II -- MANAGEMENT RIGHTS

ARTICLE III -- MAINTENANCE OF WORK OPERATIONS

ARTICLE IV -- GRIEVANCE PROCEDURE

ARTICLE V -- SALARIES/CLOTHING

ARTICLE VI -- HOURS OF WORK/OVERTIME

ARTICLE VII -- VACATIONS

ARTICLE VIII -- SICK LEAVE

ARTICLE IX -- FUNERAL LEAVE

ARTICLE X -- INSURANCE

ARTICLE XI -- HOLIDAYS

ARTICLE XII -- WORKERS’ COMPENSATION

ARTICLE XIII -- MILITARY LEAVE

ARTICLE XIV -- LEAVE OF ABSENCE WITHOUT PAY

ARTICLE XV -- DISCRIMINATION AND COERCION

ARTICLE XVI -- PROBATIONARY PERIOD

ARTICLE XVII -- SEPARABILITY AND SAVINGS

ARTICLE XVIII -- DEDUCTIONS FROM SALARY/AGENCY SHOP

ARTICLE XIX -- OUTSIDE EMPLOYMENT

ARTICLE XX -- JURY LEAVE

ARTICLE XXI -- PERSONAL DAYS

ARTICLE XXII -- PERSONNEL RECORDS

ARTICLE XXIII -- SICK LEAVE INCENTIVE PLAN

ARTICLE XXIV -- JOB VACANCIES

ARTICLE XXV -- EDUCATION ASSISTANCE

ARTICLE XXVI -- LONGEVITY

ARTICLE XXVII -- PART-TIME EMPLOYEES

ARTICLE XXVIII -- FULLY-BARGAINED AGREEMENT

ARTICLE XXIX -- DURATION

1. The executive management and administrative control of the Township and its properties and facilities and activities of its employees utilizing personnel methods and means of the most appropriate and efficient manner possible as may from time to time be determined by the Township.
2. To make rules of procedure and conduct, to use improved methods and equipment, to determine work schedules and shifts, as well as duties, to decide the number of employees needed for any particular time and to be in sole charge of the quality of the work required.
3. The right of management to make such reasonable rules and regulations as it may from time to time deem best for the purpose of maintaining order, safety and/or the effective operation of the Township after advance notice thereof to the employees to require compliance by the employees is recognized.
4. To hire all employees, whether permanent, temporary or seasonal; to promote, transfer, assign, lay off or retain employees.
5. To set rates of pay for temporary or seasonal employees.
6. To suspend, discharge, demote or take any other appropriate disciplinary actions against any employee for just cause according to law.
7. Nothing contained herein shall prohibit the Township from subcontracting or contracting out any work. In the event the Township of Bernards decides to subcontract any or all of the work normally performed by the bargaining unit members and this subcontracting will result in the layoff of an existing member, the Township will meet and confer with the Union and will make reasonable efforts to provide alternate employment for the affected members and review alternatives to subcontracting. The Township shall make an attempt to have the contractor employ those employees in the affected area. In no way shall this language be interpreted to require negotiation obligation or reemployment elsewhere with the Township.
8. The Employer reserves the right to all other conditions of employment not reserved to make such changes as it deems desirable and necessary for the efficient and effective operation of the Departments involved.

Step 1. The grievance when it first arises, shall be written up on the Union grievance form and presented by the employee and Shop Steward or Assistant Shop Steward to the Department Head. The Department Head shall within five (5) working days thereafter give a written decision on the grievance.
Step 2. If the decision given by the Department Head does not satisfactorily settle the grievance, the Union thereafter shall notify the Township Administrator within three (3) working days thereafter of its desire to meet with the Township Administrator or his/her designee, who shall meet with a representative of the Union within five (5) working days after receipt of such notice. The aggrieved and the Department Head may be present at the meeting. A written decision of the grievance will be transmitted to the Union within five (5) working days thereafter.
Step 3. Within five (5) calendar days of the Township Administrator’s or his/her designee’s decision, the Association may apply to The Public Employment Relations Commission (PERC) for binding arbitration. The selection of an Arbitrator and the arbitration shall be in accordance with the rules and procedures of PERC. Simultaneously with the application to PERC, the Union will send notice to the employer of its application for arbitration.
a. The decision of the Arbitrator shall be in writing and shall include the reasons for such decision.
b. The decision of the Arbitrator shall be binding upon the employer and the Union employee.
c. The parties direct the Arbitrator to decide, as a preliminary question, whether he has jurisdiction to hear and decide the matter in dispute.
d. Only one issue at a time may be submitted to arbitration.
e. The costs for the services of the Arbitrator shall be borne equally by Local 911 and the Township. Any other expenses, including, but not limited to the presentation of witnesses, shall be paid by the parties incurring same.

g. Grievance resolutions or decision at Step One or Two shall not constitute a precedent in any arbitration or other proceeding unless a specific Agreement to that effect is made by the Township and Local 911.

1. The Purchasing Agent will be eligible for a match of funds so deferred from the Township up to a maximum of five percent (5%) of the employee’s annual base salary.

1. Through sickness or non-job injury becomes incapacitated to a degree that makes it impossible for the employee to perform the duties of the employee’s position;
2. Is quarantined by a physician because the employee has been exposed to a contagious disease.

1. If an employee is absent from work for reasons that entitle him/her to sick leave, the Department Head or Administrator as appropriate or his/her designated representative shall be notified as early as possible, but no later than one (1) hour after the start of shift, except dispatchers who must report such absence one hour prior to the start of the shift. The employer shall advise the Supervisor/ Department Head where he/she may generally be contacted during the hours he/she is scheduled to work. It is anticipated that, if the circumstances change, the employee would notify his/her Department Head/ Supervisor.

b. The telephone number where the employee may be contacted during sick leave;

3. Failure to notify the immediate Supervisor as appropriate or his/her designated representative may be cause for denial of the use of sick leave for that absence and constitute cause for disciplinary action. An employee who is absent two (2) consecutive days or more and does not notify the immediate Supervisor as appropriate or designee any of the first two (2) days may be subject to dismissal.
4. After three (3) consecutive days of illness, or after more than five (5) days accumulated in a calendar year, or a continuous pattern of absence, the Administrator or his/her designee may require a certificate of illness from a certified physician indicating diagnosis, prognosis, that the employee was unable to perform the duties of his/her job during his/her absence and, upon the employee’s return, a certificate showing that he/she is now able to do so.

1. No employee shall be allowed to work and endanger the health and well-being of other employees. If the employee’s condition warrants, the employee may be directed to the Township Medical Physician for an opinion as to fitness for duty.
2. Sick leave with pay shall not be allowed under the following conditions:
a. When the employee, under medical care, fails to carry out the orders of the attending physician.
b. When, in the opinion of the Township Physician, the employee is ill or disabled because of self-imposed contributory causes.
c. When, in the opinion of the Township Physician, the disability or illness is not of sufficient severity to justify the employee’s absence from duty.
d. When the employee does not report to the Township Physician, as directed.
3. The recommendation of the Township Physician as well as those of the attending physician as to the justification for the absence from duty on account of disability or illness or of the fitness of the employee to return to duty shall be considered by the Department Head or Administrator as appropriate. The Department Head or Administrator as appropriate reserves the right in such cases where there is a difference of professional opinion between the Township Physician and the personal physician, to require the employee to submit to an examination by a third doctor to be mutually agreed to.
4. In charging an employee with sick leave, the smallest unit to be considered is one (1) hour of a working day.
5. Sick leave shall not be allowed for such things as ordinary dental care, nor for any other professional services that may be normally scheduled within the employee’s regular off time. The utilization of sick leave for elective medical procedures will not be considered without sufficient medical evidence to substantiate the necessity of scheduling the medical or dental services during the work day.
6. Habitual absenteeism or tardiness may be cause for discipline up to and including discharge.
7. Any employee who calls in sick for the purpose of engaging in outside employment or who engages in outside employment while on sick leave shall be subject to immediate disciplinary action up to and including discharge.
8. In the event that an employee is eligible to receive state or federal disability payments, including Social Security, sick leave will be reduced to a rate such that the combination of sick leave and disability payments will equal the employee’s normal compensation until sick leave is exhausted. As a prerequisite to receiving any benefits under this Article, an employee will be required to apply for state or federal disability benefits, including Social Security, and to furnish proof of such application to the Township along with proof of receipt or denial of such benefits.

1. Full-time employees shall earn, during the first year of employment, one (1) day (maximum of eight (8) hours) of sick leave for each month of employment. Any of these sick days which are not used by the employee will be carried into the following year.
2. Except as provided above each employee will have twelve (12) days (maximum ninety-six (96) hours) available in each year. Any sick days not used will be added to the sick days available for the following year. The total amount that can be accumulated is unlimited.
3. If the amount of sick leave credit provided for under this policy has been or is about to be exhausted, an employee may make application to the Township Committee for an additional allowance. The Committee shall make a determination on the application after reviewing all circumstances, including the employee’s attendance record prior to the illness which necessitated the request.
4. Permanent Part-time employees working in excess of twenty (20) hours per week shall be entitled to a prorated number of days per year for sick leave. This sick leave may be used in the year earned or can be accumulated from year to year the same as permanent full-time employees. Formula to be used after first year:
a. Multiply 2.4 times hour per week.
b. During the first year time will also be prorated for actual time of service.
5. Employees who provide a certification of prior public employment and their sick leave record may be credited with accumulated sick leave in accordance with the table in Paragraph 6 for the years of service prior to employment with the Township.
6. Full-time employees hired prior to January 1, 1977, receive base sick leave in accordance with the following table:

1. Pregnancy is treated like any other condition for purposes of use of sick leave. If an employee chooses, they may opt to use none, a part, or all of their accumulated sick leave benefits in conjunction with maternity leave.
2. Maternity leave may be granted up to six (6) months from the last day worked, provided that the request for such leave is made in writing to the Department Head no later than the fourth month of pregnancy. This six (6) months shall include any sick leave used in connection with pregnancy, as set forth in Paragraph F. Maternity leave, if granted, except for such sick leave shall be without pay and employee benefits, except that the Township will continue the Health Benefits Program for the employee and family during the period of such approved leave. The employee shall, however, be reinstated without loss of privileges or seniority accrued to the last day worked. Reinstatement may be in a comparable job at comparable pay if the employee’s job has been permanently filled.
3. Any extension of the six (6) month leave can only be granted by the Township Committee.

A. Each employee will have available annually three (3) days (maximum twenty-four (24) hours) of personal time. These will be granted at the discretion of the Department Head for the conduct of essential personal business such as but not limited to, the following:
1. Attending to family members during illness or other personal crisis, or requirement for health, welfare or education of spouse or children.
2. Closing on a home purchase, auto purchase, adoption, or other such legal business difficult to schedule on days off, or for major auto repair or servicing home.
3. Attending to religious or civic voluntary charitable matters or duties, such as civic service clubs, fire or rescue squad conferences, or religious order service.
4. Attending funerals, graduation, marriages, or such, of close friends or family members not provided for in the funeral leave article or other such leave policy.

Example 1: Bob
Bob was employed the same number of hours each day his entire career. He was hired by the Township in January, 1968. For the purpose of calculating Incentive Payment on Retirement, Bob worked a total of five (5) years from January 1987 until his retirement in December 1991. He had the good fortune of having only one (1) five (5) day illness during that time. He earned sixty (60) days of sick leave.
Bob’s Calculation:
Days Earned 60
Eligible for payment 60 x 50% = 30 Days
Sick Leave Taken 5 Days
Bob’s days paid upon Retirement = 25 Days

Example 2: Denise
Denise works three (3) years at eight (8) hours per day. Denise is then transferred to a position working seven (7) hours per day for two (2) years until retirement. Denis has taken two (2) sick days in the second year and one (1) sick day in the fifth year.
Denise’s Calculation:
Time Earned Time Used
(Days / Equivalent Hours) (Days / Equivalent Hours)
Year 1 12 days / 96 hours 0 days / 0 hours
Year 2 12 days / 96 hours 2 days / 16 hours
Year 3 12 days / 96 hours 0 days / 0 hours
***Switch from eight (8) hours days to seven (7) hour days***
Year 4 12 days / 84 hours 0 days / 0 hours
Year 5 12 days / 84 hours 1 day / 7 hours
60 days / 456 hours 3 days / 23 hours




Hours Earned 456
Eligible for payment 456 x 50% = 228 hours
Sick Leave Taken 23 hours

1. any accumulated sick days as described under subsection 9-7.1(b) over eight (8) days in any year of accumulation for service between 1978-1986;
2. one third of the unused base sick leave days earned under subsection 9-7.1(a), at time of retirement; and
3. any unused Personal Leave that has been added to the Incentive Bonus accumulation.

Example: Bob from Example 1 above
Bob from Example 1 had fifty (50) days base sick leave in 1978 and used only two (2) days of Personal Leave. The following calculation is for Bob’s payout for service from 1978 to 1986:

Payout for Service 1978-86 36 Days (from above calculation)
Total Incentive Bonus 65.67 Days

1. Full-time and part-time employees shall be eligible to recive financial assistance for training courses or seminars if the following conditions are present:
a. The course is judged by the department head to be of value to the individual and to the Township in the position the employee occupies, or the course is recommended by the Department Head.
b. There is sufficient evidence to show that the employee is capable of handling the desired training in the normal time allotted for such course.
c. The course is offered by an approved institution of learning.
2. Prior to enrollment, the Department Head or the Director of Human Resources must approve each request for training.
3. Upon completion of an approved course, the employee shall submit a copy of the course certificate or agenda to the Director of Human Resources for inclusion in his/her Personnel File.
4. Travel expenses are eligible for reimbursement as described in Personnel Ordinances subsection 9-28 Mileage Reimbursement.

1. The cost of courses leading to or required for licensing or certification that is required for a full-time employee’s position shall be paid for by the Township. This includes courses required as part of a continuing education or re-certification program. Payment to part-time employees will be determined by the Department Head and the Director of Human Resources on a case by case basis.
2. The Township shall pay for the initial and renewal fees of mandatory licenses held by full-time regular employees. Payment to part-time employees will be determined by the Department Head and the Director of Human Resources on a case by case basis.
3. Upon completion of the approved training, the employee shall submit a copy of the license or certification to the Director of Human Resources for inclusion in his/her Personnel File.
4. Travel expenses are eligible for reimbursement as described in Personnel Ordinances subsection 9-28 Mileage Reimbursement.

1. Full-time employees shall be eligible to receive financial assistance for tuition reimbursement if the following conditions are present:
a. The employee is registered as a matriculated student in a degree program that is related to an employee’s current position.
b. It is expected that veterans will take advantage of the financial assistance for which they are eligible under the current laws covering education for veterans.
2. Approval, or disapproval, of application for financial assistance for education will be given by both the Department Head and the Director of Human Resources.
3. Upon completion of an approved course, the employee shall submit a copy of his/her transcript for the course to the Director of Human Resources for inclusion in his/her Personnel File.
4. Regular tuition, registration fees and required laboratory fees shall be eligible for reimbursement. The cost of books, supplies, or other similar expenses shall also be eligible for reimbursement. Travel expenses will not be eligible for reimbursement.
5. A satisfactory passing grade must be obtained. Only those grades classified as “C”, “Average”, “Satisfactory” or above will be considered satisfactory.
6. For college credits, payment will be made upon presentation of transcript indicating the grade received and proof of payment of fees. Employees will be reimbursed for up to one hundred (100% ) percent of the allowed costs within thirty (30) days after the voucher is filed with the Director of Human Resources.