39
PREAMBLE
This Agreement, entered into by the Township of Springfield (hereinafter referred as the “TOWNSHIP”) and AFSCME, Council 52, AFL-CIO and its affiliated Local 3084 Springfield Municipal Employees (hereinafter referred to as the “UNION”), has as its purpose the promotion of harmonious relations between the Township and the Union; the establishment of an equitable and peaceful resolution of differences; and the establishment of rates of pay, hours of work and other conditions of employment.
ARTICLE I
RECOGNITION
A. The Township hereby recognizes the Union as the exclusive negotiations agent for all regular full and part-time white and blue collar employees of the Township in the following titles or categories:
1. White Collar. Deputy Court Clerks, Deputy Tax Collector, Receptionists, Clerks, Stenographers and Secretaries, and Floaters.
2. Blue Collar: All employees of the Department of Public Works, all non- supervisory employees in the Recreation Department, all Custodians, and Senior Citizen Bus Driver, Special Police Officers and Police Dispatcher.
B. Excluded from the bargaining unit shall be the Deputy Township Clerk, Building Inspector, Assistant Township Engineer, Township Treasurer, the Township Clerk, the Court Clerk, Administrative Assistant in Public Works Department, all part-time employees employed by the Road and Recreation Departments, specifically including swimming pool personnel, seasonal employees, and all other employees excluded under the terms of the Act.
C. The parties agree that the Township will file a Unit Clarification Petition on the exclusion of the Deputy Treasurer from the bargaining unit.
ARTICLE II
SCOPE OF AGREEMENT
A. This Agreement supersedes all previous oral and written understandings between the Township and its employees covered herein. The parties herein agree that the relation between them shall be governed by the specific and express written terms of this Agreement only; no prior Agreements, amendments, modifications, alterations, additions, or changes, oral or written, shall be controlling or in any way effect the relation between the wages and working conditions of the employees covered herein unless and until such Agreement shall be reduced to writing and duly executed by both parties subsequent to this date of this Agreement. It is further understood that the obligations of the Township shall extend only to the extent set forth in this Agreement in writing and that no established practices, prior modes of interpretation or courses of conduct, shall bind the Employer to continue such practice, operation, or conduct except as may be specifically incorporated in writing this Agreement.
B. It is understood that this Agreement shall not be modified in whole or in part, except by written instrument duly executed by the parties hereto.
C. It is understood that proposed new rules or changes in rules effecting terms and conditions of employment shall be negotiated prior to implementation. In this regard, the Township and Union agree to establish a committee to review and update the Township Personnel Policy so as to reduce employment practices to writing and append them to this Agreement. Any such revisions shall be subject to final approval by Township Committee and Union.
ARTICLE III
GRIEVANCE PROCEDURE
A. Purpose.
1. The purpose of this procedure is to secure at the lowest possible level an equitable solution to the problems which may arise effecting the terms and conditions of this Agreement and to resolve grievances as soon as possible so as to assure efficiency and promote employee morale. The parties agree that this procedure will be kept as informal as may be appropriate.
2. Nothing contained herein shall be construed as limiting the right of any employee having a grievance to discuss the matter informally with the Department Head and having the grievance adjusted, provided that the settlement does not violate the Contract.
B. Definition of Grievance.
The term “grievance” as used herein means any controversy arising over the interpretation or adherence to the terms and conditions of this Agreement, or the Township’s policy or administrative decision affecting the terms and conditions of employment of employees covered by this Agreement.
C. Steps of the Grievance Procedure.
The following constitutes the sole and exclusive method for resolving grievances between the parties covered by this Agreement, and will be followed in its entirety unless any step is waived by mutual consent. Failure to initiate or move a grievance to the next step by the grievant or the Union will result in a waiver of the right to proceed. Failure by the Township or its representatives to respond in accordance with the time limits set forth below shall result in the Union having the right to move the grievance to the next step.
Step 1. Any employee with a grievance shall institute action in writing under the provisions of this grievance procedure with his immediate supervisor, either directly or through the Union for the purpose of resolving it informally within ten (10) business days after the occurrence of the event being grieved, and an earnest effort will be made to settle the grievance. The immediate supervisor shall render a determination in writing within five (5) business days after the discussion set forth above.
Step 2. If the grievance is not resolved at Step 1, then in that event, a written grievance may be submitted by the employee to the Township Administrator within five (5) business days from the date on which the immediate supervisor should have acted in Step 1. The Township Administrator shall arrange a meeting with the employee or Union within ten (10) business days of the filing of the grievance if the Township Administrator deems such a meeting necessary to resolve the matter. The Township Administrator shall render a decision in writing within (15) business days after receipt of the grievance.
Step 3. If the grievance has not been resolved at Step 2, then, in that event, the aggrieved or the Union may request a meeting with the Township Committee. Said request shall be in writing and delivered to the Township Administrator within five (5) business days after the decision at Step 2 was, or should have been made. A meeting between the aggrieved, a representative of the Union and the Township Committee may be held as soon as mutually convenient, but no later than thirty (30) business days after filing with the Township Administrator for such meeting, if the Township Committee deems it necessary to attempt to resolve the dispute. Within ten (10) business days after this meeting is held or forty (40) business days after the grievance at this level, the Township Committee shall render a decision in writing to the aggrieved and the Union which shall be final and binding as to grievances alleging any interpretation, application, or violation of policies or administrative decisions or any agreements other than the specific and express written terms of this Agreement.
Step 4. (A) If the grievance is not settled through Steps 1, 2, and 3 and only if the grievance alleges a violation of a specific and expressed term of this Agreement, then in that event, either the Township or the Union, (not the grievant) may refer the matter to the New Jersey Public Employment Relations Commission within ten (10) business days after the determination by the Township Committee for submission to arbitration. An arbitrator shall be selected pursuant to the rules of the Public Employment Relations Commission.
(b) The arbitrator so selected shall confer with the representatives of the parties and promptly schedule hearings, and shall issue his decision no later than twenty (20) business days from the close of the hearing, or if oral hearings have been waived, then from the date the final statements and proofs on the issues are submitted to him.
(c) The arbitrator’s decision shall be in writing and shall set forth his findings of facts, reasoning, and conclusions on the issues submitted. The arbitrator shall be without power or authority to make any decision which requires the commission of an act prohibited by law or which is violative of or adds to or subtracts from the expressed written terms of this Agreement. He shall be bound by the provisions of this Agreement, and restricted to the application of the facts presented to him involved in the grievance. The decision of the arbitrator shall be submitted to the Township and the Union, and shall be final and binding on the Parties.
(d) The cost for the services of the arbitrator, including per diem expenses, if any, and the actual and necessary travel, subsistence expenses, and the cost of the hearing room, shall be borne equally by the Township and the Union. Any other expenses incurred shall be paid by the party incurring them.
(e) Nothing herein shall prevent any employee from processing his own grievance, provided that the Union may be present at such hearings, and further provided that no settlement with any such individual employee shall violate this agreement.
(f) It is understood that notwithstanding the filing of a grievance, employees shall follow all orders given by superiors.
(g) In the event that a matter is submitted to arbitration improperly, the Union shall reimburse the Township for all costs incurred in processing the grievance, as well as the cost of litigation involved in securing injunctive relief. This reimbursement shall be contingent upon vacating any award, and shall include all costs of suit and counsel fees.
(“Improper Submission” under this clause shall not mean a grievance which is submitted in accordance with the jurisdiction given to the arbitrator in paragraph C. Step 4 (a), in that grievance alleges a violation of a specific and expressed written term of this Agreement.)
ARTICLE IV RIGHTS
A. 1. Management’s Rights. The Township hereby retains and reserves unto itself without limitations all powers, rights, duties, and responsibilities conferred upon, and vested in it, prior to the signing of this Agreement, by the Laws and the Constitution of the United States, including, but without limiting the generality of the foregoing, the following specific rights:
a. To the executive management and administrative control of all Township functions and properties and facilities, and the activities of Township Employees;
b. To hire all employees and, subject to the provisions of law, to determine their qualifications and the conditions for the continued employment, dismissal, or demotion, and to promote and transfer employees as necessary;
c. To maintain the efficiency of Township operations;
d. To take all necessary actions and carry out its mission in emergencies;
e. To exercise complete control and discretion over its organization and work force, and the technology of performing its work;
f To schedule employee work hours; and
g. To take disciplinary action for just cause only.
2. The exercise of the foregoing rights, powers, authorities, duties, and responsibilities of the Township, the adoption of policies, rules and the discretion in connection with the implementation thereof, shall be limited only by the specific and expressed written terms of this Agreement, and then only to the extent such specific and expressed terms are in conformity with the Constitution and Laws of the State of New Jersey and of the United States.
3. It is understood and agreed that the Township, in its sound discretion, possesses the right, in accordance with applicable laws, to manage all operations, including the direction of the work force and the right to plan, direct and control the operation of all equipment and other property of the employer. This shall not be done in an arbitrary or capricious manner.
B. Employee Rights. - 1. Nothing contained in this Agreement shall be construed to limit, deny or restrict any rights any employee may have under New Jersey Laws or Regulations or Federal Laws or Regulations.
2. No employee shall be disciplined, reprimanded, reduced in rank or compensation without cause.
3. Whenever any employee represented by the Union is required to appear before the Township Committee where such appearance may adversely effect the current employment relationship of the employee, such employee and the union shall be given written notice of the reasons for such meetings or interview at least five (5) business days prior to such meetings or interview, and the employee shall have a representative of the Union, as well as counsel, at said employee’s expense, present to advise him and represent him at such meetings or interview.
C. Union Rights.
1. The union shall have and possess all of those rights conferred upon a public employee representative organization conferred by N.J.S.A. 34:l3A-l, et seq.
2. The Union and its representative may request through the Township Administrator, all public financial data and payroll data reasonably necessary for the Union to carry out its purpose. This shall not be construed to require the employer to create, collate, research or prepare any data in a format not in its possession, or to provide any internal non-public work product of an employee.
3. The Union may request, through the Township Administrator, the use of Township equipment and facilities, including typewriters, duplicating equipment, and other office machinery for use on Union activities. The Union agrees to reimburse the Township for any damage done by said use. Such requests for use of equipment shall not be unreasonable denied. This clause shall not be construed to permit Union use of equipment at such time or under such circumstances as will interfere with normal Township activities.
4. The Township agrees that the Union, at its own costs, may provide a bulletin board to be placed in such locations where notices to employees are normally posted, and shall permit the Union to post notices thereon. The Township Administrator shall have the right to remove material which is political in nature or not official union business.
5. The Township agrees to grant time off with no loss or regular pay for up to five (5) members of the Union to participate in such negotiation session as are mutually scheduled.
6. The Township agrees to permit the Union to utilize its premises for Union meetings during non-work hours, provided appropriate prior arrangements for such use are made, and the premises are not otherwise in use.
ARTICLE V
SENIORITY
A. Seniority shall be defined as an employee’s length of service with the Township. Seniority shall not accrue during any period in which an employee is on leave in excess of ninety (90) consecutive calendar days, unless such leave is due to job related injury or illness. Upon such an employee’s return to work, seniority shall again begin to accrue to that earned prior to the leave commencing.
B. All new employees shall be probationary employees for a period of six (6) months of work, during which time they may be terminated at will with no recourse to the grievance procedure. The purpose of the probationary period is to provide an opportunity for management to determine whether said employee has the ability and other attributes to qualify for permanent employment, and the employer will provide a progress report to the employee after three (3) months. Upon the successful conclusion of the probationary period, the employee’s name shall be added to the seniority list as of the date of hire.
C. Temporary employees who became permanent without a break in service shall receive service credit from when such temporary employment began, provided they successfully complete a probationary period as permanent employees in accordance with paragraph B above.
D. A current seniority list, by departments of government, shall be maintained by the Township, and updated at least semi-annually. All employees who have completed probationary status shall be included on such list.
E. In the event of a lay-off, employees with the least seniority within the effected title or titles shall be laid off first. If the lay-off is within particular departments only, then the seniority lay-off lists shall be within each department, but seniority shall be defined as set forth in Paragraph A above.
F. If an employee is laid off, such employee shall maintain a right to recall for a period of eighteen (18) months from the date of lay-off. When and if such an employee is recalled, then all seniority rights shall be continued as though no break in service had occurred.
G. 1. Overtime assignments shall be made on the basis of seniority on a rotating basis, so long as the employee is qualified, then the next available qualified employee shall be assigned such overtime.
2. In the event any employee refuses overtime, the next senior person shall be assigned the work and the person who refused the assignment shall not be called again for overtime until all those persons on the seniority lists received calls for overtime, at which point and time the rotation schedule shall begin over. It being understood that in the event of emergency, or if there are no qualified volunteers for overtime, the first priority is to have the work completed. Under said emergency conditions, this Section G-1 and 2 need not be fully complied with. The Employer may require overtime work if sufficient numbers of qualified volunteers are not available. However, it is the intention of the parties to comply with Section G-l and 2 whenever reasonably possible.
3. The Township agrees to instruct those persons responsible for assigning overtime to use the seniority list referred to above in Paragraph 1 and on a copy thereof note next to the name of each employee qualified to perform the work to be done the time and date at calls were made, and result of such calls. A copy of such list will be, on a monthly basis, supplied to the Union upon request.
4. Employees who are called in at a time not contiguous to their regularly scheduled shift for overtime work shall be guaranteed a minimum of four (4) hours overtime on each such occasion. The Township has the right to keep employees for the full call-out period.
5. Municipal Court employees covered hereunder who are called in to work between the hours of 10:00 p.m. and 7:00 a.m. shall receive a minimum of four (4) hours pay for such work at time and one-half. In the event said employees are called in to work on a day off between the hours of 7:00 a.m. and 10:00 p.m., they will receive a minimum of two (2) hours pay for such work at time and one-half. When non-municipal court employees are required to fill in, they will be chosen on a rotating basis and by qualifications to perform such work, and shall receive straight time up to forty (40) hours, and thereafter time and one-half for all hours worked above 40 hours.
ARTICLE VI
WORK DAY WORK WEEK
A. The normal work week of all employees shall consist of five (5) consecutive days, Monday through Friday.
B. The normal working hours of all employees employed in the Department of Public Works shall be 7:00 a.m. to 3:30 p.m. daily, which includes one half hour for lunch.
C. The normal working hours for all other employees shall be 8:00 a.m. to 4:00 p.m., which includes one hour lunch; the above also applies to the Police Department Dispatcher. (8:30 a.m. to 4:30 p.m. for the Recreation Department).
In addition, Municipal Court employees shall work the regular Monday Night Court sessions as part of their regular schedule.
D. Employees performing services of work in excess of forty (40) hours per week (not including lunch periods) shall be compensated in addition to their salaries or wages fixed herein at the rates and terms as such additional work has been compensated for in the past. During the applicability of the Fair Labor Standards Act, such rate shall be no less than time and one half after forty (40) hours.
E. The work hours stated above in the Article VI do not reflect additional evening hours of work consistent with past practice required for performance of duties in certain job categories, including but not limited to: Deputy Court Clerk, Secretary to the Boards and Recreation Department personnel. The additional hours are part of the affected employees normal work week hours.
ARTICLE VII
MISCELLANEOUS
A. The Township shall enact such ordinances and resolutions as are necessary to carry out the terms of this agreement.
B. The Township and Union shall jointly reproduce sufficient copies of this Agreement so that it is available to all employees in the negotiating unit.
C. Safety and Health
1. The Township shall continue to make reasonable provision for the safety and health of its employees during the hours of employment. Protective devices, protective clothing, and protective equipment, as deemed necessary by the safety committee, to properly protect employees from job related injury shall be maintained in the normal manner by said individuals.
2. The Township and the Union shall establish a joint safety committee to review and establish working conditions that may affect the health and safety of the employees, and to carry out the provisions of Paragraph 1 above.
3. The Township agrees to supply, annually, safety shoes for those members of the Road Department and Recreation Department who reasonably need safety shoes in the performance of their duties. Each eligible employee shall receive one pair of shoes for each year of this Agreement. (Cost $90.00 per pair). The allowance will increase by $10 on January 1, 2003. Moreover, the Township agrees to pay the reasonable cost of repair for one pair of safety shoes per year (if unrepairable, a replacement pair will be authorized). Further, safety gloves and safety glasses will be supplied. As with all other Township supplies and safety equipment, the employee so provided must wear such safety gear at all times (when applicable) on duty. The reasonable upkeep of same is the burden of the employee.
4. The Township agrees to supply each employee covered by the contract a heavy winter work jacket, the cost of the jacket not to exceed $100.00 per employee, every three years.
5. The Township agrees to reimburse each employee the cost of the annual CDL Test and the renewal. The employee must successfully pass the CDL test within six (6) months of hire or be terminated without recourse through the grievance procedure.
6. The Township agrees to provide cotton work clothing items or polyester work clothing for employees of the Road Department.
D. Pursuant to Springfield Ordinance 2-86, out-of-state work related seminars may be approved by the Township Committee whose approval shall not be unreasonably denied. In-state work related seminars may be approved by the Township Administrator whose approval shall not be unreasonably denied.
ARTICLE VIII
AGENCY SHOP
A. Any employee who is employed by the Township during the term of this agreement and who does not become a member of the Union shall be required to pay a representation fee to the Union for the purpose of offsetting the employee’s per capita cost of services rendered by the Union as majority representative.
B. Prior to January 1 of each year, the Union will notify the Township in writing of the amount of the unified membership dues, fees, and assessments set by the Union for its members for that year. The representation fee charged to non-members shall be eighty-five percent (85%) of the total amount certified to the Township by the Union.
C. On or about April 1st of each year, the Union will submit to the Township the names of those employees who have not become members of the Union for the year. The Township will deduct the total amount of representation fee in equal installments, as nearly as possible, in each pay period for the remainder of the year.
D. On or about the last day of each month beginning in April of each year, the Township will notify the Union of employees newly employed during the month. The Union will notify the Township within thirty (30) business days if any newly employed employee does not become a member of the Union. During that period, deductions shall then be made by the Township in the manner described above.
E. Any employee having a representation fee deducted whose employment with the Township terminated during the year, the Township will deduct the unpaid balance of the total of the representation fee due in the year.
F. Procedures for the transmission of representation fees to the Union will, as nearly as possible, be the same as those used for the transmission of regular membership dues to the Union.
G. The Union will indemnify and hold the Township harmless against liability which may arise because of actions of the Township in deduction and transmission of the representation fee. The Township will make available to the Union any information within its control for which the Union would have reasonable need to defend against any such liability action.
ARTICLE IX EMPLOYEES APPOINTED BY STATUTE AND/OR ORDINANCE
Notwithstanding any other provision of this Agreement, employees who are appointed each year pursuant to N.J.S.A. and Revised Ordinances of Springfield are not covered by Article V - Seniority. Moreover, nothing contained herein shall imply or grant a right to said employees to reappointment. In lieu thereof, said employees shall, in the event of non-appointment, be given thirty (30) business days notice of their termination. Moreover, such employees who are not reappointed will be given severance pay amounting to one (1) week’s pay per year of service for up to ten (10) years of service and two (2) weeks per year of service for each year in excess after (10) years of service. For the purposes of payment hereunder, it is understood that service shall be calculated to the nearest year (e.g., an employee with ten years, seven months service would receive credit for eleven years. An employee with five years, five months service would receive credit for five years.)
ARTICLE X
INSURANCE
1. The Township will provide the employees covered by this Agreement, on a non- contributory basis, Horizon Blue Cross, Hospital coverage (120 days). In addition, the Township will provide employees in the bargaining unit who retire with twenty-five (25) years or more of service to the Township of Springfield with coverage equal to that provided to active employees. Such coverage shall not exceed life after the date of retirement. Such coverage shall cease upon the death of the retiree and is conditioned upon the employee: (1) not having a working spouse who can obtain family coverage, and: (2) not becoming employed.
2. The Township offers an incentive of 25% of the annual premium for the respective employees’ plan level on an annual basis for employees who have coverage through his/her spouse. Employees would be able to re-enter the Township plan only if one of the following criteria were met:
· Spouse’s employer discontinues or substantial diminution in level of coverage.
· Spouse looses coverage through separation from the employer.
· Spouse becomes deceased.
· Marital status changes or the birth/adoption of a first child.
Each employee subject to this Agreement shall be covered by the Township’s Group Life Insurance Policy in the amount of $15,000.00 per employee.
ARTICLE XI
WAGES
1. Effective January 1, 2001 all members of the bargaining unit shall receive a 3.50% raise.
2. Effective January 1, 2002 all members of the bargaining unit shall receive a 3.70% raise.
3. Effective January 1, 2003 all members of the bargaining unit shall receive a 3.90% raise.
4. Effective January 1, 2004 all members of the bargaining unit shall receive a 4.0% raise.
5. Effective January 1, 2005 all members of bargaining unit shall receive a 3.75% raise
6. Effective January 1, 2006 all members of bargaining unit shall receive a 3.75% raise.
B. ADDITIONAL COMPENSATION
In addition to the foregoing base salary, additional compensation shall be made per annum to all employees who work an average of at least thirty-five (35) hours per week for every year of service:
1. SERVICE ADDITIONAL COMPENSATION
(percentage of annual base salary)
at the completion of the 5th year of service 2%
at the completion of the 9th year of service 4%
at the completion of the 13th year of service 6%
at the completion of the 17th year of service 8%
at the completion of the 19th year of service l0%*
at the completion of the 24th year of service 12% (effective January 1, 2004)
*Any employee who, as of January 1, 1999, has longevity increment which is greater than 10% shall be grandfathered at their increment on said date unless the employee is at 11% at which time they will receive 12% after 24 years effective January 1, 2004.
If the employee is hired in the first six months of the year, then the benefit will be effective retroactive to January 1st off the anniversary year. If the employee is hired after June 30th, the benefit will be effective the following January 1st. For example, if an employee is hired on March 30th the employee will commence receiving longevity payments on January 1st of the same year. If the employee commences employment on July 1st or later, he will receive longevity payments the following January 1st.
2. Any employee hired between December 15, 1998 and January 1, 2004 shall enjoy the following longevity schedule:
YEARS OF SERVICE PERCENTAGE
Completion of 5 years 2%
Completion of 10 years 4%
Completion of 15 years 6%
Completion of 20 years and thereafter 8%
3. Employees hired after January 1, 2004 shall not be eligible for longevity.
If a Road Department employee is required to work on Christmas Eve/Day and/or New Years Eve/Day, that employee shall receive regular straight time pay for the day, plus, in lieu of all other payments, additional straight time pay. The minimum four (4) hour call is applicable. If an employee is required to work twenty-four (24) straight hours and carries over into his regularly schedule shift, the employee shall continue to receive time and one-half for the next shift.
Newly hired employees shall receive a base pay of at least eighty (80%) percent of the base salary for the position hired, if such position has a base salary in excess of $9,999.00. Where such base salary does not exceed $9,999.00, the in-hire rate shall be at least eighty-five (85%) percent of such base.
1. In the event of a transfer of a Road Department employee from one position to a higher rate position, for purposes of vacation, replacement, other leaves, or other reasons, which equal or exceed five (5) business days, the transferred employee shall receive the higher rate of pay for each such week worked. After working five (5) continuous days at the higher rate, the following contiguous week will be paid at the higher rate when more than two and one-half (2 1/2) days in said week are so worked.
2. In the event of a transfer of any employee other than the Road Department, except for the floaters and limited to cases of illness only, from one position to a higher rated position, which equal or exceed five (5) business days, the transferred employee shall receive the higher rate of pay for each week worked. After working five (5) continuous days at the higher rate, the following contiguous week will be paid at the higher rate when more than two and one-half (2 1/2) days in said week are so worked.
3. When the floater is assigned to a higher paying job and works in that job for thirty (30) consecutive business days the floater will receive the higher pay for all work in the job thereafter. The employer will not reassign the floater for the sole purpose of avoiding out-of-title pay under this provision.
4. In the event of transfer of a Road Department employee to what is considered “out of title work” (payment for hours worked in a position of higher salary and job title), the employee is to receive compensation for said position.
ARTICLE XII
VACATIONS AND HOLIDAYS
A. VACATIONS - Full time employees covered by this agreement shall receive the following vacations with pay:
LENGTH OF SERVICE AMOUNT OF VACATION
1 full year through 3 years 2 weeks
4 years through 5 years 2 weeks plus 2 days
6 years through 7 years 3 weeks plus 1 day
8 years through 9 years 3 weeks plus 3 days
10 years through 15 years 4 weeks
16 years through 19 years 4 weeks plus 1 day
20 years and over 5 weeks
Procedure for Choosing Vacations:
1. Seniority
2. Service to the Township of Springfield
3. Vacations may be taken in days (one week only)
4. At age 60 you may accumulate one week vacation a year and up to five weeks until age 65.
5. Employees with a least three (3) full years of service may accumulate up to five (5) days vacation to be taken the following year.
B. HOLIDAYS
New Years Day Labor Day
Martin Luther King Day Columbus Day
Washington’s Birthday Veteran’s Day
President’s Day Election Day/November
Good Friday Thanksgiving Day
Memorial Day Friday after Thanksgiving
Independence Day Christmas
Employee’s Birthday
Christmas Eve Day 1/2 work force off.
New Years Eve Day 1/2 work force off.
1. Any holiday celebrated on a Monday pursuant to the laws of New Jersey shall be so celebrated as the holiday instead of the day such holiday may naturally fall upon.
2. In the event any employee works on any listed holiday, additional compensation for such work, if any, shall be paid pursuant to past Township practice.
3. All covered employees shall be entitled to holiday pay from the first day of employment.
4. Any day declared to be a holiday by the State of New Jersey, shall also be celebrated as a holiday under this Agreement.
5. If New Year’s Eve and Christmas Eve fall on a weekend (Saturday or Sunday) the holiday will not be observed.
ARTICLE XIII
SICK LEAVE
A. All covered employees shall be permitted six (6) sick leave days per year. Additional sick leave days may be granted at the approval of the affected employee’s department head. Effective January 1, 2004, the following policy will be implemented:
1. Definition: A full-time Township employee is entitled to sick leave if he or she is incapacitated through sickness or injury to a degree that makes it impossible for the employee to perform the duties of his or her position, or if a physician quarantines an employee because of exposure to a contagious disease.
2. Only full-time regular employees and part-time permanent employees are entitled to sick leave benefits.
3. All full-time regular employees earn one (1) day of paid sick leave per month during their first year of continuous employment. A full-time employee who began working on or before the fifteenth (15th) of the month shall receive one (1) sick day credit for that month. Thereafter, the following shall apply.
4a. After the first year of continuous employment, all full-time permanent employees are entitled to twelve (12) sick days annually with unused sick leave carried from year to year with a maximum accumulation of two-hundred-forty (240) days.
b. As a benefit to existing employees as of the date of this contract, any employee who has more than ten (10) years of service shall be granted sixty (60) sick days toward their bank. Any other employee shall be granted six (6) sick days for each year of service up to ten years of credit, pro-rated per year. This benefit is a one-time only award and does not grant any additional days once an employee reaches 10 years of employment.
c. If an employee has been deemed permanently disabled or is eligible for retirement benefits, the employee will be entitled to receive up to 1/3 (one-third) of his or her accumulated but unused sick leave not to exceed eighty (80) calendar days in monetary compensation at $100.00 per day.
d. Employees who resign or are discharged are not eligible to receive payment for accumulated sick time.
e. Paid sick leave cannot be used in less than one-half (1/2) day increments.
f. Employees are entitled to up to one (1) year paid disability leave minus any sick leave taken. The previous 80% payment for up to five (5) years is discontinued.
5. Notification: Employees shall report all absences due to personal illness or disability to their supervisor and/or department head not less than one (1) hour prior to the employee’s usual reporting time. If an employee is unable to contact his or her immediate supervisor or Department Head, he or she shall notify the Township Administrator of his or her intention to take sick leave. The failure to provide notice of intention to take sick leave may result in a forfeiture of sick leave credit and may result in disciplinary action.
6. Any absence due to personal illness or disability in excess of three (3) continuous business days must be certified by a written statement by the employee’s attending physician. If an employee’s pattern of sick time use suggests an abuse of this benefit, the Township Administrator reserves the right to require a doctor’s note for absences of ANY duration or to send the employee for examination by the Township’s physician, in its discretion. Inability to provide a doctor’s note when requested may result in disciplinary action.
7. An employee shall report any absence due to personal illness or disability expected to extend beyond ten (10) continuous business days to the employee’s department head who shall report same to the Municipal Clerk. In the event the Township’s disability insurance becomes applicable (after all accumulated sick days are used), the employee’s supervisor and/or department head are responsible for informing the Township Administrator and are responsible for providing the appropriate information to the employee. The employee is required to keep in touch with the supervisor and/or department head on a weekly basis. The department head in turn will keep the Township Administrator informed as to the status of the employee’s continued absence and anticipated date of return to work, and whether the disability insurance forms should be completed.
8. In all cases of reported personal illness or personal injury, the Township reserves the right to send the employee for examination by the Township physician before returning to work and/or for certification for fitness for work at the discretion of the department head and/or Township Administrator. The Township reserves the right to waive this requirement at its discretion.
ARTICLE XIV
LEAVE OF ABSENCE
A. DEATH IN FAMILY - In the event of a death in the immediate family (Mother, Mother-in-law, Father, Father-in-law, Stepchild, Grandparent, Brother or Sister, Son-in-law or Daughter-in-law or Brother-in-law or Sister-in-law) of an employee such employee shall be granted leave with pay from the date of death up to and including the day of the funeral, not to exceed five (5) business days. In the event of a death of a Spouse or Child/Children, ten (10) business days shall be granted.
B. JURY DUTY - In the event an employee is summoned for jury duty in the State or Federal Courts, such employee shall be compensated so that the employee will receive from the Township the difference between jury duty compensation and said employee’s regular base salary.
C. PERSONAL DAY - Each employee shall upon request be given three (3) personal days off with pay within the contract year. Such days are not cumulative.
D. TERMINAL LEAVE - Employees with over twenty-five (25) years of service shall receive sixty (60) days of terminal leave prior to retirement.
E. The Township agrees to provide each employee with a Family Leave Option in compliance with NJ State and Federal Family Leave Act Law.
F. The Township agrees to provide each employee with Medical Coverage during the leave period.
ARTICLE XV
VACANCIES
A. Every job vacancy and/or promotional opportunity which comes within the bargaining unit shall be known to all members of the Union by the Township making a posting of such vacancy or promotional opportunity at least seven (7) business days before any action will be taken to fill such position, except in emergencies. Existing employees of the Township shall have the right to bid for such positions.
B. A copy of all postings of vacancies and/or promotional opportunities shall be delivered to the Union at the same time the posting is made.
C. Each posting shall contain, at a minimum, the following information: Job title, short job description, annual salary for the job, working hours, date appointment to the position is to be made, minimum qualifications for the positions.
D. The Township agrees to notify the Union as soon as practicable after it learns of an opening in the bargaining unit.
ARTICLE XVI
NO STRIKE PLEDGE
A. The Union covenants and agrees that during the term of this Agreement, neither the Union nor any person acting in its behalf will cause, authorize, or support, nor will any of its members take part in, any strike (i.e., the concerted failure to report for duty, or willful absence of any employee from his position, or stoppage of work or abstinence of any employee from his position, or stoppage of work or abstinence in whole or in part, from the full, faithful and proper performance of the employee’s duties of employment, work stoppage, slow-down, walkout or other action which interferes with the full and complete normal operations of the Employer). The Union agrees that any such action would constitute a material breach of this Agreement.
B. In the event of a strike, slowdown or walkout or job action it is covenanted and agreed that participation in any such activity by an employee covered under the terms of this Agreement shall be deemed grounds for termination of employment of such employee or employees, subject, however, to the application of the rights afforded permanent personnel under State Law.
C. The Union will actively discourage and will take whatever affirmative steps are necessary to prevent or terminate any strike, work stoppage, slowdown, walkout or other action which interferes with the full and complete normal operations of the Employer.
ARTICLE XVII SEPARABILITY AND SAVINGS
If any provisions of this Agreement or any application of this Agreement to any employee or group of employees is held to be invalid by operation of law or by court order to other tribunal of competent jurisdiction, such provision will be inoperative, but all other provisions will not be effected thereby and will continue in full force and effect.
ARTICLE XVIII
DURATION OF AGREEMENT
This agreement shall be in effect for the period January 1, 2001 through and including December 31, 2006, and from year thereafter unless and until terminated by either party in writing at least sixty (60) days prior to December 31, of any subsequent year.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written.
TOWNSHIP OF SPRINGFIELD
ATTEST:
By:______________________________ By:___________________________
SIGNED SEALED AND DELIVERED SPRINGFIELD MUNICIPAL
EMPLOYEES LOCAL 3084
By:______________________________ By:___________________________
______________________________
SCHEDULE A
CIGNA Prescription Plan - $2.00 Co/pay – Effective January 1, 2004
Employee and Family Prescription plan will be $5 generic and $10 name brand.
DELTA DENTAL 100% BETTER COVERAGE Group 3405-01
VISION SERVICE PLAN Regular/Bifocals for employee and family
Full coverage for life after retirement with 25 years service to the Township of Springfield.
SCHEDULE B CLOTHING ALLOWANCE:
Police Dispatcher $550.00 ($600.00 effective January 1, 2003)
Special Police Officer $550.00 ($600.00 effective January 1, 2003)
Part time Special Police Officer and
Park and Recreation Workers $150.00 ($200.00 effective January 1, 2003)
SALARY SCHEDULE
TITLE 2001 2002 2003 2004 2005 2006
3.50% 3.70% 3.90% 4.00% 3.75% 3.75%
White Collar
Secretary/Police Dept.
Deputy Court Clerk
Asst. Deputy Court Clerk
Clerk/Assessor’s Office
Clerk/Collector’s Office
Records Clerk/Police Dept.
Program Coordinator/Recreation
Secretary
Engineering/
Planning Board!
Board of Adjustment
Clerk/Typist/Floater
Police Department
Payroll Clerk
Bookkeeper
Receptionist
Secretary/Swim Pool
Part-time Administrative
Assistant Fire Prevention
TITLE 2001 2002 2003 2004 2005 2006
3.50% 3.70% 3.90% 4.00% 3.75% 3.75%
Blue Collar:
Laborer
Equipment Operators, per hour
Mechanic
Parks and Recreation Worker
Gardener, per hour
Police Dispatcher
Bus Driver, per hour
Deputy Tax Collector
Part-time Activities Coordinator
AGREEMENT
BETWEEN
TOWNSHIP OF SPRINGFIELD
AND
AFSCME LOCAL 3084, COUNCIL 52
JANUARY 2001 THROUGH DECEMBER 31, 2006
Ruderman & Glickman, P.C.
675 Springfield Avenue, Suite 100
Springfield, New Jersey 07081
TABLE OF CONTENTS
ARTICLE PAGE
PREAMBLE 1
ARTICLE 1 – RECOGNITION 2
ARTICLE II – SCOPE OF AGREEMENT 3
ARTICLE III – GRIEVANCE PROCEDURE 4
ARTICLE IV – RIGHTS 8
ARTICLE V – SENIORITY 11
ARTICLE VI – WORK DAY –WORK WEEK 14
ARTICLE VII – MISCELLANEOUS 15
ARTICLE VIII – AGENCY SHOP 17
ARTICLE IX – EMPLOYEES APPOINTED BY STATUTE AND/OR19
ORDINANCE 19
ARTICLE X – INSURANCE 20
ARTICLE XI – WAGES 21
ARTICLE XII – VACATIONS AND HOLIDAYS 25
ARTICLE XIII – SICK LEAVE 27
ARTICLE XIV - LEAVES OF ABSENCE 30
ARTICLE XV – VACANCIES 31
ARTICLE XVI – NO STRIKE PLEDGE 32
ARTICLE XVII – SEPARABILITY AND SAVINGS 33
ARTICLE XVIII – DURATION OF AGREEMENT 34
SCHEDULE A 35
SCHEDULE B 36
APPENDIX – SALARY SCHEDULE 37
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