Contract Between
Ocean City-Cape May
- and -
CWA Loc 1078
* * *
01/01/2003 thru 12/31/2005

CategoryMunicipal
UnitWhite Collar
Contract Text Below
A G R E E M E N T



Between



CITY OF OCEAN CITY



And




COMMUNICATIONS WORKERS OF AMERICA
AFL-CIO, LOCAL 1078















January 1, 2003 to December 31, 2005
TABLE OF CONTENTS

ARTICLE PAGE

PREAMBLE 1
I UNION RECOGNITION 2
II MANAGEMENT RIGHTS 3
III RULES AND REGULATIONS 4
IV LEGAL REFERENCE 5
V UNION REPRESENTATIVES AND MEMBERS 6
VI RETENTION OF CIVIL RIGHTS 9
VII SUB CONTRACTING (INDEPENDENT) 9
VIII EXTRA CONTRACT AGREEMENT 9
IX LEAVES OF ABSENCE-PERMANENT EMPLOYEES 10
X WORK WEEK AND OVERTIME 12
XI VACATIONS 19
XII HOLIDAYS 22
XIII INJURY LEAVE 24
XIV SICK LEAVE 25
XV INSURANCE, HEALTH AND WELFARE 30
XVI DUES DEDUCTION 37
XVII UNIFORM ALLOWANCE 40
XVIII TIME OFF 43
XIX GRIEVANCE PROCEDURE 45
XX DISCIPLINE AND EVALUATION PROCEDURES 49
XXI COMMENDATION 51
XXII WAGES 52
XXIII PART-TIME EMPLOYEES 63

ARTICLE PAGE

XXIV LONGEVITY 64
XXV HEALTH AND SAFETY 65
XXVI COURT TIME 66
XXVII EDUCATIONAL BENEFITS 67
XXVIII MUTUAL COOPERATION PLEDGE 68
XXIX MISCELLANEOUS PERSONNEL PRACTICES 69
XXX SEVERABILITY AND SAVINGS 70
XXXI JOB POSTING AND VACANCIES 71
XXXII UNION BULLETIN BOARDS 71
XXXIII SCHOOL CROSSING GUARDS 72
XXXIV FAIR LABOR STANDARDS ACT 73
XXXV SENIORITY 74
XXXVI DURATION
APPENDIX A
MEMORANDUM OF UNDERSTANDING
REPRESENTATION OF SIDEBAR AGREEMENT
2

PREAMBLE

THIS AGREEMENT entered into this 29th day of July, 2003, by and between the City of Ocean City, in the County of Cape May, a Municipal Corporation of the State of New Jersey, hereinafter called the "City", and the Communications Workers of America, AFL-CIO, hereinafter called the "Union", represents the understanding between the City and the Union on all issues contained herewithin.

WITNESSETH
WHEREAS, that for the purpose of mutual understanding and in order that a harmonious relationship may exist between the City and the Union and to the end that continuous efficient service will be rendered to and by both parties, for the benefit of both;

NOW, THEREFORE, IT IS AGREED as follows:
ARTICLE I
UNION RECOGNITION
      A. The City hereby recognizes the Union as exclusive and sole representative of all collective negotiations concerning grievances and terms and conditions of employment, for all permanent and provisional full-time personnel and all permanent and provisional (after six months’ provisional status) part-time personnel of the City of Ocean City. Titles represented are specifically enumerated in Appendix "A", but exclude police officers, fire fighters and EMT personnel of the Police and Fire Departments, Lifeguards, Department Heads, Elected Officials, Managerial and Professional Employees.
      B. Unless otherwise indicated, the term "Employee," when used hereinafter in this Agreement, shall refer to all employees of the City of Ocean City represented by the Union in the negotiating unit as above defined.
C. The City agrees that personnel who are not included in the bargaining unit shall not do work other than that described in their job description, if such work is in conflict with work normally assigned to employees within the bargaining unit.
D. The City agrees to provide to all new employees, at their inprocessing meeting,an information sheet about the CWA. ARTICLE II
MANAGEMENT RIGHTS
It is recognized that the management of the City, the control of its properties and the maintenance of order and efficiency, is a right and responsibility of the City.
Accordingly, the City hereby retains and reserves unto itself, without limitation, all powers, rights, authority, duties and responsibilities conferred upon and vested in it prior to the signing of this Agreement by the Laws and Constitution of the State of New Jersey and of the United States, including but without limiting the generality of the foregoing, the following rights:
      1. To the executive management and administrative control of the municipal government and its properties and facilities and to determine the methods of operation to be offered by its employees and to direct the legitimate business activities of its employees;
      2. To determine the standards of selection of employment and to hire all employees and, subject to the provisions of Law and Department of Personnel Rules and Regulations, to determine their qualifications and conditions for continued employment or assignment and to promote and transfer employees;
      3. To suspend, demote, discharge or take other disciplinary action for just cause according to Law and subject to the limitations of Article XX.
ARTICLE III
RULES AND REGULATIONS
      A. Pursuant to Chapter 123, P.L. of N.J., 1974, the City agrees that it will not establish new work rules or regulations, or modify existing work rules or regulations governing wages, hours or working conditions except those so negotiated in this Agreement without prior negotiations with the Union. However, if a new work rule needs to be established and it does not govern wages, hours or working conditions and it is not contrary to this Agreement, then the City may establish such a rule.
      B. This Agreement shall not be modified in whole or in part by the parties except by an instrument in writing duly executed by both parties.
C. Unless otherwise provided in this Agreement, nothing contained herein shall be interpreted and/or applied so as to eliminate, reduce or otherwise detract from any employee benefit existing prior to its effective date.
D. The “Ocean City Department of Public Works Corrective Action Program” will be renamed the “Ocean City Corrective Action Program” and will be in effect for all employees covered under this Agreement.
ARTICLE IV
LEGAL REFERENCE
      A. Nothing contained herein shall be construed to deny or restrict to any employee such rights as he/she may have under any other applicable laws and regulations. The rights granted the employee shall be deemed to be in addition to those provided elsewhere.
B. The provisions of this Agreement shall be subject to and subordinate to and shall not annul or modify existing applicable provisions of Federal, State and Local laws.
C. The parties agree that they will not engage in any discrimination against any employees on the basis of race, color, religion, national origin, age, gender, disability, marital status, or union membership or activity.
ARTICLE V
UNION REPRESENTATIVES AND MEMBERS
      A. The City agrees to grant time off with pay to Union representatives, not to exceed 900 hours for the life of this one-year agreement, for the purpose of attending to Union business relative to City employees to include but not be limited to:
1. Preparation for contract negotiations – chargeable to the 900 hours.
          2. Attendance at union seminars, conferences, conventions or training sessions– chargeable to the 900 hours.
3. Conducting local union business as it pertains to Ocean City employees – chargeable to the 900 hours.
4. Disciplinary hearings – not chargeable to the 900 hours.
5. Grievance conferences – chargeable to the 900 hours.
6. Salary Committee Meetings – not chargeable to the 900 hours.
7. Visiting Job Sites to investigate alleged contract violations – chargeable to the 900 hours.
8. Management Called Meetings – not chargeable to the 900 hours.
9. Actual Contract Negotiations – not chargeable to the 900 hours.
          The Union must provide two (2) working days notice to each affected department head on forms provided by the city which, when approved, will be used as the basis for totaling all hours so specified.
B. In addition to the 900 hours in Paragraph A, the City agrees to provide an additional 20 hours during the life of this three-year agreement, to be used for the purpose of furthering labor-management relations (e.g. training, seminars, etc.). The specific use of these 20 hours will be determined jointly by the City and by the CWA.
C. Any request by authorized representatives of the Union to attend to union business relative to city employees not covered in Article V, Section A, shall require prior request and authorization of the department head, or his/her designee. Such authorization shall not be unreasonably denied. In no event shall there be any interference with the operation of the City or respective Divisions.
D. During negotiations, the Union representatives so authorized by the Union, not to exceed seven (7), shall be excused from their normal duties for such periods of negotiations as may be agreed upon by the parties. Such excused individuals, however, shall be available for duty in the event that an emergency arises.
      E. The City and Union agree that all hours spent by employees in attending to Union business and attending negotiations pursuant to this Article are not mandated work by the City and as such are not compensable as hours worked

          for Fair Labor Standards Act purposes. However, hours spent on contractually permissible paid Union leave time are considered part of the normal work week under Article X.

















ARTICLE VI
RETENTION OF CIVIL RIGHTS
      A. Union members shall retain all civil rights and protection of the laws, rules and regulations of the State of New Jersey and of the United States of America.

ARTICLE VII
SUB CONTRACTING (INDEPENDENT)
      A. The City shall notify the Union 45 days in advance of any plans to grant a sub-contract which affects the present levels of employment unless emergency circumstances make such notification impossible.
      B. The City agrees to sit and meet with the Union representatives to discuss any decision by the City to contract or subcontract which is based on solely fiscal considerations whenever it becomes apparent that a layoff or job displacement will result from the contract or subcontract.

ARTICLE VIII
EXTRA CONTRACT AGREEMENT
The City agrees not to enter into any other Agreements or Contracts with Bargaining Unit members who are covered hereunder, individually or collectively, which in any way conflict with the terms and provisions of this Agreement.
ARTICLE IX
LEAVES OF ABSENCE - PERMANENT EMPLOYEES
      A. Leaves of absence, without pay, may be granted by the City for emergency situations, or other valid reasons, by the Department Head and approved by the Appointing Authority in accordance with current New Jersey Department of Personnel rules.
      B. Periods of absence shall not exceed six (6) months at any one time. Such leaves may be renewed for an additional six (6) months by the Department Head through the Appointing Authority with approval by the governing body. No further renewal or extension may be granted except upon request by the Appointing Authority and written approval by the New Jersey Department of Personnel.
      C. Leaves of absence shall be requested by the employee in writing at least 30 days (if possible) prior to requested commencement date. The employee shall receive a written response within 10 working days after submitting the request.
      D. Except for military leave, education, sick or disability leave, or any other leave designated by the Merit System Board or by law, periods of leaves of absence without pay shall be deducted from an employee's total continuous service, except as otherwise posted by Department of Personnel rule.
E. Military leaves shall be granted in accordance with the law.
F.

      Pregnancy - Disability Leave:
          An employee may request and be granted disability leave due to pregnancy under the same terms and conditions as all other leaves without pay. The Appointing Authority may request acceptable medical evidence that the employee is unable to perform her work because of disability due to pregnancy.
      G. Child care leave may be granted under the same terms and conditions as all other leaves without pay.
      H. A permanent employee shall be granted a leave without pay to campaign for and/or serve elective public office for the term of the office.
      I. The City shall pay all health benefits not to exceed six (6) months at which point the employee may elect to retain said benefits by reimbursing the City for the costs incurred.
      J. A leave of absence that is approved for a specific purpose and is used for other purpose may be considered an abuse.

82
ARTICLE X
WORK WEEK AND OVERTIME
A. Hours of work
          Each Department will establish, in writing, the regular hours of work (schedules) for all full-time employees within their jurisdiction. The standard workweek for full-time Blue Collar workers shall be 39 hours. The daily work shift for Blue Collar workers shall include two 15-minute breaks and an unpaid lunch period. All White Collar workers shall work 35 hours in a standard workweek, Monday through Friday. The daily work shift for White Collar workers shall include one 15-minute break and an unpaid one-hour lunch period. The standard workweek for all Public Safety Telecommunicators shall average 40 hours per week within a 14-day period. The work shift for Public Safety Telecommunicators will include a paid one-hour meal period and two 15-minute breaks subject to recall to duty. Existing variations to the standard Blue Collar and White Collar workweek, as established in writing at the time of execution of this contract, shall continue and shall not be changed without prior agreement of the CWA and the City.
B. The City recognizes the disruptive effect of schedule changes on employees, and thus the need for adequate notice. Schedule changes are intended to accommodate the various workloads and situations inherent in the provision of

          public services in Ocean City. Temporary schedule changes shall be implemented in the following manner:
          1. To accommodate seasonal activities, in which case at least 15 calendar days’ notice shall be given. The following shall apply to seasonal schedule changes:
a. The “Seasonal” schedule shall commence on May 1st and will extend to September 30th of each year.
b. “Seasonal” changes shall apply to the following departments:
i. Finance, for revenue operations. To be defined as Parking Meter/Lot, Airport and Transportation Center operations.
ii. Community Services, for Music Pier operations.
iii. Public Works, specifically for the functions of sanitation, golf course and beach maintenance activities.
c. The City shall make all possible attempts to fill the “seasonal” schedules on a voluntary basis. Otherwise, schedules will be filled by title in reverse order of seniority in that title, with the intent being to initially fill schedules with the employees who work within the applicable unit.
        2. To provide for emergency (a sudden, extremely important and unexpected occurrence that affects the public safety) responses, in which case the

            schedule change will only be for the duration of the emergency. In the event a schedule change is necessary in response to an emergency and no overtime is worked, the appropriate additional payments as defined in paragraph 3 below shall apply.
3. To accommodate projected temporary workloads, in which case 15
calendar days’ notice shall be given. For every day worked on a revised schedule in this situation, the following additional payment to the affected employee shall apply:
a. For work on a day other than that on the employee’s established schedule: $75 in addition to straight time pay. This provision does not apply if the day is being paid at the overtime rate. This additional pay is for every day other than that on the established schedule.
b. For work on a shift starting prior to, or later than the established schedule:
i. $25 per day for shift revisions less than three (3) hours.
ii. $50 per day for shift revisions of three (3) hours or more.
c. Temporary workload changes shall be limited to 30 consecutive working days and shall not exceed 60 working days in a 12-month period for any one employee.

              d. In the event that a schedule change is imposed with less than 15 days’ notice, then all hours other than the employee’s established schedule will be paid at the time-and-one-half rate, unless otherwise provided.
              4. To revise schedules for the mutual accommodations and/or mutual convenience of the City and the employee, provided the accommodation does not adversely affect the economic benefits of any other employees.
          C. For any new hires to a CWA position, the City may establish work schedules for such position. This shall not preclude any other CWA employee from applying or competing for such position, or requesting assignment to any newly established schedule. New hires to a CWA position shall be informed of their work schedule prior to appointment. The City will negotiate any of the aforementioned changes with the CWA prior to implementation.
      D. Overtime
1. Overtime shall be defined as time worked beyond the full-time employee’s regular workweek. Overtime shall be compensated, unless otherwise provided, at the rate of time-and-one-half the employee's regular rate of pay on the following basis:
0 - 15 minutes no compensation
16 - 30 minutes .5 hour compensation
31 - 60 minutes 1 hour compensation
      Thereafter, all overtime shall be administered in .50 hour segments.
          2. If the Department Head, or their designee, gives the employee at least 24 hours’ notice of overtime work, the City will then have the option of providing comp time or pay, or a combination thereof. In the event the notice is less than 24 hours, form of payment will be at the employee's discretion.
          3. If an employee is requested to work on a holiday, s/he shall be paid for all time worked at the time-and-one-half (1½) rate as per paragraph 2 above, in addition to the regular holiday pay.
          4. If s/he is called to duty on his/her scheduled day off, s/he shall be paid for all hours worked and shall be guaranteed a minimum of four (4) hours at time-and-one-half (1½) his/her regular rate of pay.
          5. If an employee is recalled to duty, s/he shall receive a minimum of three (3) hours at time-and-one-half (1½) of his/her regular rate of pay.
          6. All overtime in all Divisions shall be assigned on a fair and equal basis. Management will provide a report to the union of overtime worked, and overtime refusals (including unavailable when called), on a monthly basis.
          7. All employees, upon being personally notified of an emergency, shall report to work within 30 minutes, provided s/he is able to do so; otherwise, s/he shall report as soon as possible.
E. On-Call
          1. Upon contract signing, any employee who is designated to be on-call and is not called out during said day shall be paid a stipend of $35.00 per 24-hour period.
          2. On-Call duty shall be assigned on a fair and equal basis.
          3. It is understood that the above on-call provision for compensatory time does not apply to Court employees.





F. Court Employees
1. Eligible Court employees can be designated to be on-call for periods of one week (7-day period, from Tuesday to Tuesday, 9 a.m.), with on-call assignments to be rotated among those employees. Those employees designated to be on-call will be provided with a pager and must respond within 30 minutes. Employees placed on-call will be paid a minimum of $40 for each one-week period. For each incident in a one-week period in which court employees execute court documents at their residence, the employee will be paid $20 per incident.
          2. In the event a Court employee is recalled to duty to appear at Court or its offices, s/he shall be paid a flat $50.00 stipend for such appearance. These payments are in lieu of all compensatory time or other overtime payments for on-call or recall of these employees.
G. Accumulation of Compensatory Time
          An employee with 240 hours of compensatory time accumulated for hours worked after April 15, 1986, shall be paid for all additional overtime hours worked at the rate of one-and-one-half (1½) times their regular rate of pay until such time as the employee has less than 240 hours of accumulated compensatory time. Accumulated compensatory time shall be taken at the rate of 7.8 hours per day for all Blue Collar workers and 7 hours per day for all

          White Collar workers. Telecommunicators, and all other employees not on 7.8 or 7-hour work days, shall have accumulated compensatory time taken in increments equivalent to the hours of their regularly scheduled work day for each day taken.
    ARTICLE XI
    VACATIONS
    A. Annual vacations shall be granted as follows:
            1. From the date of hire to the end of the first year - one (1) working day for each month worked.
            2. From the beginning of the second calendar year until the end of the fifth calendar year - 12 working days.
            3. From the beginning of the sixth calendar year until the end of the tenth calendar year - 14 working days.
            4. From the beginning of the eleventh calendar year until the end of the fifteenth calendar year - 16 working days.
            5. From the beginning of the sixteenth calendar year until the end of the twentieth calendar year - 18 working days.
            6. From the beginning of the twenty-first calendar year until the end of the twenty-fifth calendar year - 20 working days.
            7. From the beginning of the twenty-sixth calendar year until the date of retirement - 22 working days.
        B. If an employee becomes sufficiently ill so as to require in-patient hospitalization while he or she is on vacation, he or she may charge such period of illness and post hospital recuperation against sick leave at his or her option. Said employee must submit proof of hospitalization and physician's certificate as to the need for post hospital recuperation.
        C. For members of the Bargaining Unit, vacations shall be picked by seniority, within classification, in each individual Division.
    D. Vacation leave shall be taken during the calendar year in which vacation leave is earned at such time as permitted or directed by the Department Head, unless:
    1. The Department Head determines and certifies that it cannot be taken because of pressure of work. The Department Head will document in writing the reason(s) for rejection of vacation requests. It is the intent of the City Management to be reasonable in granting requests for vacation time.
    2. The employee requests to carry over vacation into the next year. The employee will direct such requests in writing to the Department Head.
    E. Any unused vacation (resulting from D-1 or D-2 above) may be carried forward to the next succeeding year only, and will be scheduled by the employee to be taken in the next succeeding year. No more than one-half of an employee’s current year’s authorized vacation, with a maximum of 10 days, may be carried forward to the next year, in which case these days must be

        scheduled by January 30th for use during the year.
    1. The only exception is that employees are not permitted to carry over vacation into the year of their retirement.
        F. Employees shall not be recalled to work on their vacation except in emergencies.
    G. Vacation may be granted in one-half or full day increments.
    ARTICLE XII
    HOLIDAYS
    A. The following shall constitute paid holidays for full time employees under this Agreement:
    1. New Year's Day
    2. Martin Luther King Day
    3. Presidents' Day
    4. Good Friday
    5. Memorial Day
    6. Independence Day
    7. Labor Day
    8. Columbus Day
    9. Veterans' Day
    10. November Election
    11. Thanksgiving Day
    12. Day after Thanksgiving
    13. Christmas Day
    B. A full-time employee shall be entitled to an additional floating holiday per calendar year if he/she is on payroll by Presidents' Day.
            1. This holiday shall be requested similar to other time off.
            2. This holiday is not accumulative.
    C. For all full-time employees, whenever one of the observed holidays falls on an employee’s regularly scheduled day off, the employee shall have the option of receiving eight (8) hours of straight time pay or eight (8) hours of comp time for that holiday.












    ARTICLE XIII
    INJURY LEAVE
    If any employee is incapacitated and unable to work because of a job-related injury, he/she shall be entitled to injury leave with full pay during the period in which he/she is unable to perform his/her duties up to a period of one year, as mutually certified by the employee's own doctor and the City's doctor. These wages are to be offset by the amount of Worker's Compensation wage payments pursuant to Chapter XV of Title 34 of the Revised Statutes of the State of New Jersey.











    ARTICLE XIV
    SICK LEAVE

    A. Service Credit for Sick Leave
            1. All employees shall be entitled to sick leave with pay.
            2. Permanent/provisional part-time employees are entitled to sick time on a pro-rata basis.
    B. Amount of Sick Leave
            1. During the first year of employment only, employees shall be entitled to and accrue one and one-quarter (1¼) calendar sick days per month. Thereafter, sick leave shall be added each year as of January 1st at the rate of 15 calendar days per year per employee, in anticipation of continued employment for the full year.
            2. Any amount of sick leave allowance not used in any calendar year shall accumulate to the employee's credit from year to year, to be used if and when needed for sick leave.
    C. Reporting of Absence on Sick Leave
            1. Employees shall call in prior to the start of their shift in accordance with Departmental procedures. In the event an employee is unable to notify his/her Department Head or designee prior to the start of their

                shift, a 15-minute grace period will be enacted. Extenuating circumstances shall be given fair consideration.
                (a) Failure to so notify the Department Head or designee may be cause for denial of the use of sick leave for that absence and may constitute cause for disciplinary action.
                (b) Absence without notice for five (5) consecutive days may constitute a resignation not in good standing.
    D. Verification of Sick Leave
            1. An employee who has been absent on sick leave for five (5) or more consecutive days will be required to submit acceptable medical evidence substantiating the illness.
    (a) An employee who has been absent on sick leave for periods totaling more than 15 days in one calendar year consisting of periods of three (3) days or less shall have his/her sick leave record reviewed by the City and thereafter will be required to submit acceptable medical evidence for any additional sick leave in that year. In cases where an illness is of a chronic or recurring nature causing recurring absences of one day or less, only one submission of such proof shall be necessary for a period of six (6) months.
    (b)

                The City may require proof of illness of an employee on sick leave, whenever there appears to be abuse. Abuse of sick leave shall be cause for disciplinary action.
                (c) The Union further acknowledges that the City, through its Business Administrator or his designee, may adopt such sick leave verification policies from time to time to control sick leave abuses as it may deem necessary. A copy of said policy shall be given to the Union 20 days prior to its implementation.
            2. In case of leave of absence due to exposure to contagious disease, a certification from the Department of Health shall be required.
    3. The City may require an employee who has been absent because of personal illness, as a condition of his/her return to duty, to be examined at the expense of the City by a physician designated by the City. Such examination shall establish whether the employee is capable of performing his/her normal duties and that his/her return will not jeopardize the health of other employees. If an employee is under a specialist's care due to his/her condition, the specialist's release should be sufficient to return the employee to work.



    E. Sick Leave Compensation Upon Retirement (full-time employees)
            1. If an employee retires without using up all of his/her sick leave, s/he shall be compensated for sick leave as provided herein:
    (a) Criteria for payment:
    YEAR DAYS NEEDED COMPENSATION
    2003-2005 160 $16,500
    (b) Criteria for payment in addition to (a) above:
    YEAR DAYS NEEDED COMPENSATION
    2003-2005 more than 160 $95 per each day
    over 160
            2. An employee who retires during 2003-2005, and is not eligible for a payment under the criteria set forth in this Article, shall be guaranteed payment for the number of their accumulated sick days at the daily rate established in 1(b) above, but such payment shall never be in excess of the compensation in 1 (a) above.
            3. All employees have the option of participating in a sick leave payment mutually agreed to by the individual and the Director of Financial Management.
            4. The City will not object to an employee withdrawing his/her retirement application prior to the date of actual retirement for reasons of serious illness, subject only to the requirements of the State of New Jersey Division of Pensions and Benefits.
            5. In the event an employee dies prior to retirement with accumulated earned sick leave, his/her estate shall be compensated for any unused sick leave per paragraphs (1) - (3) above after providing documentation of undisputed legal right to inherit.
    F. Within one year of the signing of this Agreement, the City will implement a Donated Leave Program for full-time and part-time employees that complies with Title 4A:6-1:22.
    ARTICLE XV
    INSURANCE, HEALTH AND WELFARE
    A. The City shall provide a comprehensive health benefit program including hospitalization, medical treatment, major medical coverage (80% of the first $4,000 and 100% thereafter), surgical fees, office visits, dental coverage, vision coverage and co-pay prescription plan for the employee and his/her family.
            1. Maximum benefit coverage for orthodontics shall be $2,000.
            2. Yearly pediatric well care visits, including immunizations, for children up to 12 years of age with a yearly benefit of $200 per child.
            3. Mandatory pre-admission notification is part of the comprehensive health benefit program. Lack of proper notification will reduce the level of reimbursement for health care expenses by 30%.
    a. Mandatory Outpatient Procedure Notification will be part of the program. See attached prenotification list, which is also part of the Plan Document.
    4. Effective 1/1/04 Monthly Health Care Contributions for the remaining length of the Agreement are:
            $15 for employee only
            $20 for employee plus one
            $25 for family 5. Effective 8/1/03 the prescription co-pay shall be 0 for generic, $10.00 for formulary brand name drugs, and $20.00 for non-formulary brand name drugs. Co-pays are not eligible for reimbursement through the major medical part of the health plan. The City will conduct educational meetings on mail-order prescription drugs.
    6. For all mental care and self inflicted injuries (in-patient, out-patient and out-of-hospital), there is a $15,000 Benefit Period maximum and a $30,000 Lifetime maximum.
    7. The emergency room benefit is clarified as follows: Emergency room treatment and charges (no deductible, no coinsurance) are paid under usual customary and reasonable charges for the initial treatment only when it is provided within 48 hours of the emergency occurrence. Any non-emergency visit will be paid (deductible and coinsurance) in accordance with the plan.
    B. The City shall provide a vision care program for the employee and his/her family. Coverage shall be 1/3 co-pay with a maximum benefit of $500 for the member and/or his/her family.
    C. The City shall provide a $25,000.00 life insurance policy on the life of each member. The employee shall designate the beneficiary thereof. Upon separation of service of the member, and at his/her option and cost, the employee may convert said life

        insurance policy on an individual basis.
    D. If a member dies while in the employ of the City, the City shall continue to provide in full force and effect all insurance benefits as specified in paragraphs A and B above for the member's spouse and children until each child reaches his/her 21st birthday. In the event that there are no children, or the children have already reached their 21st birthday, the surviving spouse benefits will continue for three (3) years, or until the spouse is eligible for Medicare, whichever comes first.
    E. All CWA employees shall be covered by appropriate liability insurance purchased by the City of Ocean City. The City agrees to provide legal representation for all CWA employees if litigation should develop as a result of actions performed in the course of duty as a City employee. Additionally, the City will indemnify and save harmless the CWA employees from any liability for personal injury or property damage which may result from legal actions undertaken by the CWA employee during the normal course of employment.
    F. Retirement Health Benefits
        1. A member who retires and reaches Medicare-eligibility must sign up for Medicare Part B (Part A is automatic).
    2. A member who retires on/after January 1, 1990, with 25 or more years of permanent full-time service with the City shall be entitled to receive health benefit coverage (medical/major medical) for the retiree and his/her family.
    3. A member who retires on or after January 1, 1996, with 25 or more years of permanent full-time service with the City shall receive prescription benefits with a 1/3 co-pay for the retiree and his/her family.
    4. Such coverage for the employee or for the spouse shall not extend beyond the date when each individually reaches the age of 65 or becomes eligible for Medicare/Medicaid, or until the death of said retiree.
            (a) When a member, who retires after January 1, 1992, and his/her spouse becomes eligible for Medicare/Medicaid, the City's health plan shall remain in effect as secondary provider. The City's maximum liability as secondary provider shall be $10,000 per illness/injury.
                (b) When a member, who retires after January 1, 1996, dies prior to reaching the age of 65, the City shall continue the health benefit coverage entitlement for the member's spouse until his/her death or remarriage and for the retired member's children until each reaches his/her 21st birthday.
                5. Such coverage shall be limited to retirees who are not covered by an equal or better health insurance plan through a future employer.
    6. If a retiree's future employment terminates and thereby discontinues his/her health insurance, she/he must notify the City, Division of Personnel, prior to

                October 1st so that they might be budgeted and included in the next open enrollment period. In the event the plan does not permit reentry, the retiree shall not be covered.
    7. It is understood and agreed that health care coverage for retirees is not retroactive and will only apply to individuals who retire after January 1, 1990, who conform to any restrictions noted above.
    G. An employee, upon retirement and at his/her own expense, shall be permitted to continue the comprehensive health benefit program (medical/major medical) for the retiree and his/her family.
    H. At least 60 days prior to the City's changing the existing insurance carrier of any benefit, they shall notify the Union, in writing, and provide the Union with a full description of the proposed insurance plan in which the benefits shall be equal or better than those presently in effect.
    1. However, if during the term of this contract, the City decides to participate in the State Health Benefits Plan and the other Bargaining Units (PBA, FMBA, Middle Management) agree, the CWA will agree to participate in the State Health Benefits Plan. All members insured at the time must continue to receive health benefits coverage. The City (represented by the Personnel Director) and the CWA (represented by a CWA designee) will meet every two months to review costs, analyze reports, discuss ongoing cost containment measures, explore alternatives to maximize ongoing savings, and to prepare an annual report of the total cost of the Health Care Benefits Package for CWA employees together with recommendations for any changes to the Health Care Benefits Package.
    2. To work towards standard health benefits for the entire Ocean City work force, the CWA will participate with other Ocean City labor bargaining units and the City in joint discussions during the life of this contract, beginning within 60 days after execution of this contract, in an attempt to develop common language for all or portions of this article, as well as similar articles in other labor contracts within the City.
    I. CWA Sponsored Disability Plan
        1. The City agrees to make payroll deductions for eligible participants in the CWA sponsored disability plan. The administration of the CWA sponsored disability plan shall rest solely with the CWA. The Director of Financial Management shall promulgate rules and regulations for the implementation and documentation of said deduction. The CWA shall indemnify, defend and save the City harmless against any and all claims, demands, suits or other forms of liability that shall arise out of or by reason of action by the City in reliance of the deduction documentation and said plan. The CWA shall provide a formal copy of the executed CWA sponsored disability plan to the City prior to implementation of the plan.

    2. All CWA employees participating in the CWA sponsored disability plan shall be enrolled in direct deposit and continue direct deposit while enrolled in the CWA sponsored disability plan. Direct Deposit participation shall not be limited to those employees who are enrolled in the CWA sponsored disability plan. The CWA shall encourage its members to enroll in the City's Direct Deposit Program.
    J. The City’s current health care benefits package is comprised of the traditional plan and an optional PLUS plan. Effective on the date that the other City Bargaining Units (PBA, FMBA, Middle Management) agree to a monthly contribution, employees who choose the traditional plan will be required to make a monthly contribution of $20 towards the cost of that plan. Those employees who choose the PLUS plan will not be required to make a contribution. Prior to the implementation of this contribution provision, there will be a two-month open enrollment and educational period, for employees to learn more about the PLUS plan.





    ARTICLE XVI
    DUES DEDUCTION
    A. The City agrees to deduct from the salaries of its employees subject to this Agreement dues for the Union. Such deductions shall be made in compliance with Chapter 310, Public Laws of 1967, N.J.S.A. (R.S. 52:14-15.9(e)), as amended. Said monies together with records of any corrections shall be transmitted to the Union Treasurer within 15 working days from the payroll period ending date of each bi-weekly payroll period.
    B. If during the life of this Agreement there shall be any change in the rate of membership dues, the Union shall furnish to the City written notice 30 days prior to the effective date of such change and shall furnish new authorizations from its members showing the authorized deduction for such employee.
    C. The Union will provide the necessary "check-off" authorization form and the Union will secure the signatures of its members on the form and deliver the signed forms to the City Treasurer. The Union shall indemnify, defend and save the City harmless against any and all claims, demands, suits or other forms of liability that shall arise out of or by reason of action taken by the City in reliance upon salary deduction authorization cards submitted by the Union to the City or in reliance upon the official notification on the letterhead of the

            Union and signed by the President and Secretary of the Union advising of such changed deduction.
    D. The Union agrees that there shall be no discrimination, intimidation, restraint, coercion, harassment or pressure by it or its officers, agents or members against any employee who refuses or fails to execute an authorization card.
    E. Any such written authorization may be withdrawn at any time by the filing of notice of such withdrawal with the City Treasurer. The filing of notice of withdrawal shall be effective to halt deductions as of January 1st or July 1st next succeeding the date on which notice of withdrawal is filed, in accordance with N.J.S.A. 52:14-15.9(e) as amended.
    F. Any permanent or provisional employee in the bargaining unit on the effective date of this Agreement who does not join the Union within 30 days of initial employment within the unit, and any permanent employee previously employed with the unit who does not join within 10 days of re-entry into employment with the unit shall, as a condition of employment, pay a representation fee to the Union by automatic payroll deduction. This representation fee shall be paid in an amount not greater than 85% of the regular Union membership dues, fees and assessments as certified to the employer by the Union. The Union may revise its certification on the amount of the representation fee at any time to reflect changes in the regular Union membership dues, fees and assessments. The Union's entitlement to the representation fee shall continue beyond the termination date of the Agreement as long as the Union remains the majority representative of the employees in the unit, provided that no modification is made in the provision by a successor agreement between the union and the employer.
    G. The Union agrees to furnish the City with a copy of its "demand and return system," which must be established and maintained by the Union in accordance with the law.
    H. The Union shall indemnify, defend and save the City harmless against any and all claims, demands, suits or other forms of liability that shall arise out of or by reason of any action taken in making deductions and remitting the same to the Union pursuant to this Article.
    ARTICLE XVII
    UNIFORM ALLOWANCE
    A. The City shall provide an initial uniform issue to be worn by Blue Collar workers and consisting of the following:
    3 long sleeve shirts
    3 short sleeve shirts
    3 pairs trousers
    1 winter jacket
    1 summer jacket
    1 cap
    1 pair protective shoes
    1 pair rubber boots
    1 pair chest waders or hip waders or thigh high boots (employee’s choice)
    1 rain gear
    Appropriate shoulder patches.

    1. An employee must remain in the employ of the City for three months to retain the initial issue. Thereafter, an employee need only return the patches to the City upon resignation.


    2. The City shall provide an annual uniform allowance of $650 for the maintenance and replacement of clothing used for work, to be paid by October 15th.
    a) In the first quarter of a year, the individual's Department or Division Head will conduct a clothing inspection. The purpose is to verify an inventory comparable to the original issue as well as additional divisional required items and that they are in an acceptable condition for wear on duty.
    b) Public Safety Telecommunicators shall receive an annual $650 uniform allowance to be paid in accordance with the procedure used within the Police Division.
    3. Eligible employees hired between January 1st and June 30th shall receive $100 for uniform maintenance in October, if still employed.
    4. Amounts shall be reported to the Internal Revenue Service based upon applicable law.
    B. All uniforms and work clothes damaged in the line of duty shall be replaced by the City no later than 30 days after approval of the Department Head.





    C.

    All personal items that are damaged, lost or destroyed in the line of duty, which are not covered by insurance, shall be replaced by the City within 30 days after approval of the appropriate Department Head. The City's liability shall not be more than $300 per incident. The City’s liability for non-prescription sunglasses shall be no more than $100.
    D. In the event that the City originates any change in the present uniform or any part thereof, or a new uniform is required as a result of promotion, the resultant uniform cost shall be borne by the City and shall not be considered as part of that year’s annual uniform allowance.
    ARTICLE XVIII
    TIME OFF
        A. Employees shall be granted time off without deduction from pay or time owed for the following incidents:
            1. Death in the immediate, family four (4) working days. Up to one (1) working day will be authorized, if requested for attending services for the death of an aunt, uncle, niece or nephew. Proper notification shall be given to the appropriate division head as soon as possible.
                (a) Permanent/provisional part time employees are entitled to pro rated bereavement time for pre-scheduled work immediately following a death in the immediate family.
            2. Serious illness (including childbirth) in the immediate family of the employee shall not exceed three (3) working days per year. Serious illness shall be any instance in which such member of the immediate family is either hospitalized or incapacitated while at home with medical certification either verbal or written.
            3. Immediate family shall consist of wife, husband, child, mother, father, brother, sister, stepmother, stepfather, stepchild, guardian, mother-in-law, father-in-law, grandmother, grandfather, grandchildren, sister-in-law, brother-in-law and spouse's grandparents.
            4. Personal Time
                An employee may receive one (1) personal day per calendar year to attend to his/her personal business.
                (a) Personal time may be used for emergencies, religious holidays or personal matters.
                (b) A personal day may be taken any time providing there is no scheduling conflict. A scheduling conflict shall mean any time the City would have to compensate someone at premium time to give the employee the day off. Any conflict may be resolved on the basis of seniority within the work unit.
                (c) Personal time will be granted upon recommendation of the supervisor and approval of the Department Head.
            5. Any time off under this article shall not be deducted from any other time or benefits owed to the employee, and items 1, 2 and 4 are not to be accumulative.
    ARTICLE XIX
    GRIEVANCE PROCEDURE
    A. The purpose of this procedure is to secure, at the lowest possible level, an equitable solution to the problems which may arise affecting the terms and conditions of employment under this Agreement. Management and the Union are committed to utilizing this procedure to resolve problems.
    B. Nothing herein shall be construed as limiting the right of any employee having a grievance to discuss the matter informally with any appropriate member of the Division, for the purpose of resolving the issue.
    C. A "grievance" as used herein means any controversy arising over the interpretation, application, or violation of policies, agreements or administrative decisions affecting the terms and conditions of employment of an employee, a group of employees, or the Union.
    D. The following constitutes the sole and exclusive method for resolving grievances between the parties covered by this Agreement, and shall be followed in its entirety unless a step is waived by mutual consent:
    1. Step One – Written grievance (using approved grievance form) to Department Head within 30 calendar days after the occurrence, copy to Union and to Personnel. Within 10 calendar days the Department Head meets with the grievant and renders a written decision. Both parties agree that the date that shall be used to meet the meaning of “the date the grievance was filed” shall be the date stamped by the receiving Department Head’s office.
    2. Step Two – If the grievant is not satisfied with the Step One response (or if no Step One response is received by 15 calendar days after the grievance was submitted at Step One), the grievant may send the Step Two grievance to the Business Administrator for resolution. The Business Administrator (or designee) has 15 calendar days to meet with the grievant and to render a written decision.
    3. Step Three - Binding Arbitration
    (a) In the event the grievance has not been satisfactorily resolved at Step Two, the Union and only the Union may submit the matter to arbitration on the following conditions:
    1) The request for arbitration shall be filed only by the International Representative of the Union.
    2) The request for arbitration must be filed in writing with the Public Employment Relations Commission (PERC) no later than 45 working days after receipt of the response or expiration of the time to respond at Step Two.
    (b) Nothing in this Agreement shall be construed as compelling the Union to submit a grievance to arbitration or to represent

                    an employee before the Department of Personnel. The Union's decision to request the movement of a grievance to arbitration or to terminate the grievance prior to submission to arbitration shall be final.
    (c) For all non-disciplinary grievances, the cost for the service of the arbitrator shall be borne equally by the City and the Union. Any other expenses, including but not limited to the presentation of witnesses and the preparation of transcripts, shall be paid by the party incurring same.
    (d) For disciplinary grievances, the cost of the first two arbitration hearings, per year, shall be borne equally by the City and the Union. Thereafter, any additional arbitration costs beyond the first two per year shall be paid by the losing party.
    (e) The arbitrator shall be bound by the provisions of this Agreement and the Constitution and Laws of the State of New Jersey, and be restricted to the application of the facts presented to him involved in the grievance. The arbitrator shall not have the authority to add to, modify, subtract from, alter in any way the provisions of this Agreement or any amendment or supplement thereto. The decision of the arbitrator shall be final and binding.
    E. The designated Union representatives shall be permitted as members of the grievance committee to confer with employees and the City on specific grievances in accordance with the grievance procedure set forth herein during work hours of employees, without the loss of pay, provided the conduct of said business shall not diminish the effectiveness of the designated representative's Division or require the recall of off-duty employees, and further provided that permission is granted in advance by the appropriate Department Head or his/her designee.
    F. Any aggrieved party may be represented by the Union's representatives at all stages of the grievance procedure and no reprisals of any kind shall be taken by the City against any party or representative involved in the grievance. A minority organization or outside party may not represent anyone at any stage of the grievance procedure.
    G. All employees who have filed a grievance under this Agreement shall continue to work in accordance with the direction of the Department Head or other supervisory personnel until such grievance is properly determined.
    ARTICLE XX
    DISCIPLINE AND EVALUATION PROCEDURES
    A. Employees shall be evaluated by their supervisors or other designee at least once, but not more than three times each contract year which is followed by a written evaluation report and by a conference between the employee and the evaluator for the purpose of identifying strengths and weaknesses.
    B. An employee shall be given a copy of the evaluation report prepared by his/her evaluator at least 24 hours before any conference to discuss it. No such report shall be submitted to the Personnel office or placed in the employee's file without prior conference. The employee shall sign the evaluation report and date it when it is presented to him/her. Said signature shall merely indicate that the employee has received a copy of this report. In the event an employee refuses to affix his/her signature to the evaluation report, the City shall have the right to note such refusal and place the document in the file and the Union shall be notified in writing.
    C. An employee shall have the right to review the contents of his/her personnel file. An employee shall have the right to have a representative of the Union accompany him/her during such review.
    D. No material derogatory to an employee's conduct, service, character or personality shall be placed in his/her personnel file unless the employee has received a copy of it which shall be indicated by the employee's signature on the document in the file folder of the employee. In the event an employee refuses to affix his/her signature to the document, the City shall have the right to note such refusal and place the document in the file and the Union shall be notified in writing.
    E. No employee shall be disciplined or reduced in compensation without just cause and such action shall be subject to the grievance procedure as follows:
            1. For permanent employees, discipline of more than five (5) days shall not be subject to binding arbitration but shall be subject to the New Jersey Department of Personnel procedures. Discipline of five (5) or less days shall be subject to binding arbitration.
            2. For provisional employees, discipline and discharge shall not be subject to binding arbitration for the first 45 days of employment. Thereafter, all discipline shall be subject to binding arbitration.
    F. An employee may have a representative of the Union present in any meeting where the matter could adversely affect continued employment, withholding of increment, or disciplinary action.
    G. All disciplinary action, including suspension, taken against any employee shall be done in accordance with New Jersey Department of Personnel Rules and Regulations. In cases when the Department Head deems the suspension of an employee to be an immediate necessity for the safety of the public or the welfare of the City, he/she shall submit a report explaining such action to the Business Administrator within 24 hours. Two copies of said report shall be given immediately to the employee, one copy for the employee and one copy for the Union, at the employee’s discretion.
    H. Charges should be brought against any employee within a reasonable time after a documented incident. Reasonable time under most circumstances shall mean 30 days.




    ARTICLE XXI
    COMMENDATION
    Compensatory time off shall be granted to an employee who has received a written commendation from the Mayor for an act of extraordinary bravery at the risk of one's own health and safety.




    ARTICLE XXII
    WAGES

    A. This article lists all of the position titles under the jurisdiction of the CWA, as well as the salary levels for permanent full-time and permanent part-time CWA employees of the City.
    B. Salary Committee
            Up to three individuals each from the City and the CWA shall meet on a regular basis.
            1. This Salary Committee would be jointly chaired by the Personnel Director and by one CWA official to be designated by the CWA.
            2. This Salary Committee will be convened in order to negotiate the grade level whenever a new position title is initiated. When a new position title is initiated, the City will communicate that information to the CWA, and a discussion will be conducted to determine if that title falls under the jurisdiction of the CWA. After that determination is made, if the title does belong in the CWA, the City will negotiate the grade level of the new position title with the CWA.
    C. List of CWA Recognized Full Time Titles and Salary Levels

    Title Level
    Account Clerk 2
    Account Clerk, Typing 3
    Accountant 10
    Administrative Clerk 9
    Administrative Secretary 9
    Airport Attendant 6
    Animal Control Officer 11
    Assessing Clerk 3
    Assistant Municipal Tax Collector 17
    Assistant Recreation Supervisor 8
    Assistant Storekeeper 18
    Assistant Supervisor Building Service 12
    Assistant Supervisor of Accounts 8
    Assistant Supervisor Public Works 15
    Assistant Supervisor Recreation Maintenance 12
    Assistant Tax Assessor 9
    Assistant Violations Clerk 3
    Assistant Violations Clerk, Typing 3
    Assistant Zoning Officer 15
    Audiovisual Equipment Technician 12
    Building Inspector 12
    Building Maintenance Worker 4
    Building Sub-Code Official 20
    Building Superintendent 19
    Clerk 2
    Clerk Typist 2
    Code Enforcement Officer 16
    Deputy Municipal Court Administrator 10
    Electrical Sub-Code Official 20
    Electrician 12
    Electronic Systems Technician I 17
    Engineering Aide 10
    Equipment Operator 11
    General Supervisor, Laboring 19

    General Supervisor, Public Works 19
    General Supervisor, Recreation Maintenance 19
    General Supervisor, Streets 19
    Greenskeeper 12
    Heating and Air Conditioning Mechanic 15
    Heavy Equipment Operator 13
    Housing Inspector 12
    Identification Officer 7
    Laborer 1
    License Inspector 16
    Maintenance Repairer 6
    Maintenance Repairer, Electrical (HVAC) 10
    Mason 8
    Mason’s Helper 4
    Mechanic 12
    Mechanical Repairer Light Equipment 12
    Mechanic’s Helper 6
    Payroll Supervisor 17
    Plumbing Sub-Code Official 20
    Principal Account Clerk 9
    Principal Account Clerk Typing 9
    Principal Clerk 9
    Principal Clerk Typist 9
    Principal Purchasing Assistant, Typing 17
    Public Information Assistant 2
    Public Participation Specialist 11
    Public Safety Telecommunicator 8
    Public Safety Telecommunicator Trainee 1
    Public Works Repairer 6
    Purchasing Assistant, Typing 8
    Recreation Maintenance Worker 4
    Recreation Program Coordinator 4
    Recreation Supervisor 10
    Recreation Supervisor Sports 10
    Recreation Supervisor Swimming 10
    Senior Account Clerk 4
    Senior Account Clerk Typing 4
    Senior Assessing Clerk 4
    Senior Building Maintenance Worker 12
    Senior Clerk 4

    Senior Clerk Typist 4
    Senior Communications Technician 16
    Senior Electrician 15
    Senior Engineering Aide 17
    Senior Groundskeeper 15
    Senior Maintenance Repairer 12
    Senior Maintenance Repairer Carpenter 12
    Senior Maintenance Repairer Electrician 12
    Senior Maintenance Repairer Plumber 12
    Senior Mason 12
    Senior Mechanic 15
    Senior Mechanical Repairer (Light Equipment) 15
    Senior Parking Meter Repairer 12
    Senior Public Information Assistant 4
    Senior Public Safety Telecommunicator 12
    Senior Public Works Repairer 12
    Senior Recreation Maintenance Worker 12
    Senior Traffic Maintenance Worker 12
    Stock Clerk 18
    Supervising Cashier 10
    Supervising Electrician 18
    Supervising Groundskeeper 18
    Supervising Heavy Equipment Operator 18
    Supervising Laborer 18
    Supervising Maintenance Repairer 18
    Supervising Maintenance Repairer Carpentry 18
    Supervising Mechanic 19
    Supervising Mechanical Repairer Light Equipment 18
    Supervising Public Safety Telecommunicator 15
    Supervisor Building Service 18
    Supervisor of Accounts 9
    Supervisor Public Works 18
    Supervisor Recreation Maintenance 18
    Supervisor Sanitation 18
    Supervisor Streets 18
    Supervisor Traffic Maintenance 18
    Tax Clerk, Typing 2
    Technical Assistant To Construction Official, Typing 9
    Technical Assistant, Land Use 11
    Tourism Representative 8

    Traffic Maintenance Worker 4
    Traffic Signal Electrician 12
    Truck Driver 6
    Truck Driver, Heavy 10
    Violations Clerk 4
    Violations Clerk Typing 4
    Welder 15
    Zoning Officer 17E. CWA Part-Time Permanent/Provisional/Temporary Employees

    Effective 1/1/2003 1 2 3 4 5 6 7 8 9
    Level A 6.85 7.35 7.85 8.35 8.85 9.35 9.85 10.35 10.85
    Level B 9.65 10.15 10.65 11.15 11.65 12.15 12.65 13.15 13.65
    Level C 10.50 to 24.50
    Level D 15.00 to 25.00

    Effective 1/1/2004 1 2 3 4 5 6 7 8 9
    Level A 7.10 7.60 8.10 8.60 9.10 9.60 10.10 10.60 11.10
    Level B 9.90 10.40 10.90 11.40 11.90 12.40 12.90 13.40 13.90
    Level C 11. to 25.00
    Level D 15.50 to 25.50

    Effective 1/1/2005 1 2 3 4 5 6 7 8 9
    Level A 7.35 7.85 8.35 8.85 9.35 9.85 10.35 10.85 11.35
    Level B 10.15 10.65 11.15 11.65 12.15 12.65 13.15 13.65 14.15
    Level C 11.50 to 25.50
    Level D 16.00 to 26.00

    Level A Titles Level B Titles
    Account Clerk Assessing Aide
    Account Clerk, Typing Assistant Violations Clerk
    Airport Attendant Audiovisual Equipment Technician
    Building Maintenance Worker Equipment Operator
    Cashier Identification Officer
    Clerk Mechanic
    Clerk Typist Postal Clerk
    Golf Ranger PS Telecommunicator Trainee
    Lifeguard-Pool Public Works Inspector
    Recreational Aide Recreation Attendant
    Recreational Leader Senior Account Clerk
    Recreation Maintenance Worker Senior Clerk
    School Traffic Guard Senior Clerk Typist
    Telephone Operator Senior Telephone Operator
    Water Safety Instructor Senior Bldg. Maintenance Worker
    Truck Driver
    Level C Titles
    Accountant Housing Inspector
    Animal Control Officer Housing Inspector, Typing
    Assistant Zoning Officer PS Telecommunicator
    Building Inspector Code Enforcement Officer
    Fire Official Technical Assistant 3
    Fire Protection Sub-Code Official

    Level D Titles
    Recreation Leader (Aerobics Instructor)
    Recreation Leader (Yoga)

    F. Out Of Title Wages
        Work assignments that are inconsistent with an employee’s normal duties are discouraged by the City and the Union. The City and the Union agree to jointly pursue a timely resolution of any existing situation of employee work assignments that are inconsistent with their job title. In the event management designates an employee to work Out Of Title, that employee shall be paid at the rate of $15.00 per day after having worked for five (5) consecutive days or having worked for a total of 15 days in any six (6) month period. The Out Of Title Wages will apply to any CWA employee who is required to perform work outside of his/her job title at a higher level position. Designation of an employee to work Out Of Title shall be in writing, prior to the commencement of the work, except in the case of an emergency. An Out Of Title designation shall be issued from the Department Head or designee. Once the Out Of Title assignment reaches the 121st consecutive calendar day, the Out Of Title daily rate becomes $30.
    G. Wage Increments
    1. All employees shall be eligible for step increases annually, provided they have received not less than a satisfactory rating the previous year.
    2. All employees hired prior to July 1st in any given year shall be eligible to

          receive the appropriate increment. All employees hired from July 1st through December 31st shall not be eligible for increment until the second January 1st they have been in the employ of the City. All other increments shall be payable January1st of any given year.
    3. Employees working in Level D titles, who do not work 400 hours per year, will receive an increase in wages of $.50/hour after two years of employment, provided they have received not less than a satisfactory rating during those two years. Employees working in Level D titles, who work 400 hours per year, will receive an increase in wages annually of $.50/hour, provided they have received not less than a satisfactory rating the previous year.
        Promotions
          A full-time CWA employee, who is promoted during the year, shall receive a minimum of a $1,000 prorated increase to his/her annual salary. If the promotion title level and maximum step does not provide a $1,000 increase, then the individual will receive the difference between their new promotional base and $1,000 in a one-time lump-sum payment. In no case can the maximum base salary exceed the maximum salary on the wage guide. If the promoted individual is not eligible for a step in January, then their annual salary, including the prorated stipend, will be adjusted by the negotiated percentage increase for other CWA wages.
    I. Wage Increases
            For all full-time CWA employees, effective with the signing of this Agreement, a 4% general wage increase applied to base wages, retroactive to 1/1/2003. For all part-time CWA employees effective with the signing of this Agreement, a $.25/hour increase for all part-time Level A and Level B employees, and a $.50/hour increase for all part-time Level C employees. Effective 1/1/04, a 2% general wage increase for all full-time CWA employees (27 pay dates in 2004). For all part-time CWA employees, a $.25 increase for Level A and Level B employees, and a $.50/hour increase for Level C employees. Effective 7/1/04, a 2% general wage increase for all full-time CWA employees (effective after 13th pay). Effective 1/1/05, a 2% general wage increase for all full-time CWA employees (26 pay dates in 2005). For all part-time CWA employees, a $.25 increase for Level A and Level B employees, and a $.50/hour increase for Level C employees. Effective 7/1/05, a 2% general wage increase for all full-time CWA employees (effective after 13th pay). For Level D increases, see paragraph G.3 of this article.






    ARTICLE XXIII
    PART-TIME EMPLOYEES

    A. Permanent/provisional part-time employees will be supplied uniforms, if required by the City.
    B. Permanent/provisional part-time employees shall receive vacation on a prorated basis. For part-time employees, any vacation time remaining at the end of a calendar year shall be paid to the employee by February 28th following the year in which vacation was earned.
    C. Permanent/provisional part-time employees shall be entitled to time-and-one-half (1.5) for the hours worked on the following holidays:
            New Year’s Day
            Memorial Day (observed on a Monday)
            Independence Day
            Labor Day
            Thanksgiving Day
            Christmas Day
    D. Permanent/provisional part-time employees are entitled to prorated bereavement time for pre- scheduled work immediately following a death in the immediate family.
    E. All permanent part-time and provisional part-time employees, who work in excess of 1,040 hours in a calendar year (actual hours worked, exclusive of calculated time off), shall receive a $500 stipend payable in February of the following year.
    F. CWA part-time permanent/provisional temporary employees – See Article XXII for rates of pay and classification titles.
    G. All part-time permanent/provisional employees must work a minimun of 400 hours in a calendar year to be eligible for a step increase.
    H. Part-time permanent/provisional employees may work a total of 1,248 hours during a calendar year, exclusive of prorated time off.
    ARTICLE XXIV
    LONGEVITY
    A. All full time employees hired prior to January 1, 1997, shall receive longevity compensation which shall be computed in the following manner:
    5 - 9 years of service 2%
    10 - 14 years of service 5%
    15 - 19 years of service 8%
    20 - 23 years of service 10%
    24+ years of service 12%
    B. All employees hired from January 1st through June 30th shall receive their longevity retroactive to January 1st of the year hired. All employees hired from July 1st through December 31st shall receive their longevity pay which shall be computed from the January 1st next following the date of their hire.
    C. All full time employees hired on or after January 1, 1997, shall receive longevity compensation which shall be computed in the following manner:
        Beginning in the tenth year of service, $100 multiplied by total years of service.
    ARTICLE XXV
    HEALTH AND SAFETY
    A. The City agrees to provide a safe and healthful place to work.
    B. The City agrees to provide the Union and employee who so requests the chemical names of any substances used in the workplace, as well as a copy of the appropriate Material Safety Date Sheet (MSDS).
    C. There shall be a Health and Safety Committee whose mission will be to address city-wide health and safety issues. This committee shall be comprised of the following members:
    1. The Personnel Director and one member of Middle Management.
          2. Two CWA members.
    (a) The two CWA committee members and one other CWA member may visit job sites after employees from that site have submitted safety or health problems, in writing, to the Business Administrator and to the Health and Safety Committee. Prior to submission of health and safety problems to the Business Administrator, a reasonable attempt shall be made to address the problem with the appropriate manager and/or department head. Health and safety problems submitted in writing to the Business Administrator shall be copied to the department head. Health and safety problems submitted in writing to the department head

                shall be copied to the Business Administrator and to the Personnel Director.


    ARTICLE XXVI
    COURT TIME
        A. If an employee is required to appear in Court on City related business on his/her day off or time off, he/she shall be compensated according to Article X, Overtime.
        B. If an employee is required to appear in Court on City related business he/she is expected to be dressed in suitable fashion, and said employee shall suffer no loss in pay during working hours.
    ARTICLE XXVII
    EDUCATIONAL BENEFITS
    A. The City shall pay for tuition and books for all courses whose resulting knowledge may be directly utilized in job performance. The courses shall be authorized in advance by the Department Head and the employee shall be compensated for pre-approved costs 30 days after successful completion of the approved course(s) and filing of the proper documentation.
    B. Effective January 1, 1991, in addition to his/her salary, each member shall receive an additional stipend for an earned degree as follows:
          1. After March 30, 1994, programs leading to State certification following successful completion of exam and certificate as well as technical degree - $200.00 plus $1,000.00 at the end of the third (3rd) anniversary year of obtaining the initial payment provided still employed by the City.
          2. After March 30, 1994, an Associate degree - $400.00 plus $2,000.00 at the end of the fourth (4th) anniversary year of obtaining the initial payment provided still employed by the City.
          3. Effective January 1, 1991, a Bachelor degree - $800.00 plus $4,000.00 at the end of the fifth (5th) anniversary year of obtaining the initial payment provided still employed by the City.
    C. Upon hire, any degree previously earned may be submitted for review to the Personnel Director.
    D. The City will pay for only one degree/certification from an accredited college or City approved technical school. If an additional higher degree is earned by the employee, the employee shall be entitled to the difference between the earned degrees as noted in B above.
    E. Members shall submit a copy of an official transcript from the institution to the Department Head, and a representative of the Union, in order to take advantage of this Article.

    ARTICLE XXVIII
    MUTUAL COOPERATION PLEDGE
    A. The Union hereby agrees that during the term of this Agreement, it will not authorize a strike or illegal job action against the City.
    B. Nothing contained in this Agreement shall be construed to limit or restrict the City in its right to seek and obtain such judicial relief as it may be entitled to have under the law.
    ARTICLE XXIX
    MISCELLANEOUS PERSONNEL PRACTICES
    A. All employees shall be made aware of any reports or charges made against him/her. He/she shall have the right to remain silent until he/she consults with an attorney or the Union.
    B. Employees shall be entitled to engage in outside employment during off duty hours provided that such employment does not conflict with his/her employment responsibilities as an employee of Ocean City.
    C. A committee of management and Union members will be formed to meet for the purpose of managing the contract and exploring areas of mutual concern during the term of this contract. They shall meet at least once per year.
    D. A member who is required to hold a Commercial Drivers License (CDL) for his/her job duties shall be reimbursed for the drivers license fee. It is understood that this reimbursement is not retroactive and will apply only to initial or renewal licenses acquired after the signing of this contract. A receipt for the fee and a copy of the license should be submitted to the Department Head as documentation.
    1. A member will be reimbursed for a physical required to renew a CDL license in an amount not to exceed $50.


    ARTICLE XXX
    SEVERABILITY AND SAVINGS
        A. If any provision of this Agreement or any application of this Agreement to any employee or group of employees is held invalid by operation of law, or by a Court or other tribunal of competent jurisdiction, such provision shall be inoperative but all other provisions shall not be affected thereby and shall continue in full force and effect.


    ARTICLE XXXI
    JOB POSTING AND VACANCIES
        A. All job vacancies shall be posted on the Personnel Division's bulletin boards for a minimum of ten (10) calendar days prior to filling the position.
    B. The Union president shall be provided with a copy of the posting.



    ARTICLE XXXII
    UNION BULLETIN BOARDS
    The City hereby agrees to install in a prominent non-public location in each work area a bulletin board for the exclusive use of the Union. The Union shall supply the bulletin boards.
    ARTICLE XXXIII
    SCHOOL CROSSING GUARDS
    School Crossing Guards shall be entitled to all the provisions of this Contract except as modified below:
    A. The City will provide each school crossing guard with a work uniform as determined and defined by the Ocean City Police Chief.
    B. Each school crossing guard shall receive six and one-quarter (6¼) sick leave days per school year, which shall be accumulated without maximum limitation from year to year. For purposes of this sub-section, a school year shall consist of two contiguous semesters.
    C. The City will contribute to the New Jersey Public Employee Retirement System those amounts statutorily mandated for each of the crossing guards.
    D. The City shall provide to the four (4) regular crossing guards health benefits to include hospitalization, medical treatment, major medical, surgical fees and office visits.
    E. School crossing guards shall not be entitled to vacations (Article XI) and holidays (Article XII).
    ARTICLE XXXIV
    FAIR LABOR STANDARDS ACT
    It is acknowledged that commencing on April 15, 1986, the City is required to comply with the provisions of the Fair Labor Standards Act (FLSA) and the regulations promulgated thereunder as they relate to employees covered by this Agreement. The City reserves the right to take appropriate action to ensure such compliance, including, but not limited to:
          1. The exercising of any election or option available to it under the FLSA or regulations;
          2. The awarding of compensatory time in lieu of monetary compensation for overtime;
          3. Establishing procedures to monitor and control hours worked and overtime;
          4. The crediting of any overtime payments made pursuant to this Agreement against any overtime obligation incurred under FLSA;
          5. Establishing such rules and regulations as may be necessary to ensure compliance with the provisions of FLSA.
    Notwithstanding the provisions of this Article, other articles of this Agreement control payment.

    ARTICLE XXXV

    SENIORITY



    A. Seniority is defined as continuous unbroken service with the employer.

    B. Seniority shall be given strong consideration by the employer with respect to promotion.
    C. Seniority shall prevail in the selection of vacation schedules and work schedules.
    D. The Union shall provide the City with a Seniority List on October 1st of each year.













































    APPENDIX A
    FULL TIME:

    Account Clerk
    Account Clerk, Typing
    Accountant
    Administrative Clerk
    Administrative Secretary
    Airport Attendant
    Animal Control Officer
    Assessing Clerk
    Assistant Municipal Tax Collector
    Assistant Recreation Supervisor
    Assistant Storekeeper
    Assistant Supervisor Building Service
    Assistant Supervisor Recreation Maintenance
    Assistant Supervisor of Accounts
    Assistant Supervisor Public Works
    Assistant Tax Assessor
    Assistant Violations Clerk
    Assistant Violations Clerk, Typing
    Assistant Zoning Officer
    Audiovisual Equipment Technician
    Building Inspector
    Building Maintenance Worker
    Building Sub-Code Official
    Building Superintendent
    Clerk
    Clerk Typist
    Code Enforcement Officer
    Deputy Municipal Court Administrator
    Electrical Sub-Code Official
    Electrician
    Electronic Systems Technician I
    Engineering Aide
    Equipment Operator
    General Supervisor, Laboring
    General Supervisor, Public Works
    General Supervisor, Recreation Maintenance
    General Supervisor, Streets
    Greenskeeper
    Heating and Air Conditioning Mechanic

    Heavy Equipment Operator
    Housing Inspector
    Identification Officer
    Laborer
    License Inspector
    Maintenance Repairer
    Maintenance Repairer, Electrical (HVAC)
    Mason
    Mason's Helper
    Mechanic
    Mechanical Repairer Light Equipment
    Mechanic's Helper
    Payroll Supervisor
    Plumbing Sub-Code Official
    Principal Account Clerk
    Principal Account Clerk Typing
    Principal Clerk
    Principal Clerk Typist
    Principal Purchasing Assistant, Typing
    Public Information Assistant
    Public Participation Specialist
    Public Safety Telecommunicator
    Public Safety Telecommunicator Trainee
    Public Works Repairer
    Purchasing Assistant, Typing
    Recreation Maintenance Worker
    Recreation Program Coordinator
    Recreation Supervisor
    Recreation Supervisor Sports
    Recreation Supervisor Swimming
    Senior Account Clerk
    Senior Account Clerk Typing
    Senior Assessing Clerk
    Senior Building Maintenance Worker
    Senior Clerk
    Senior Clerk Typist
    Senior Communications Technician
    Senior Electrician
    Senior Engineering Aide
    Senior Groundskeeper
    Senior Maintenance Repairer
    Senior Maintenance Repairer Carpenter
    Senior Maintenance Repairer Electrician
    Senior Maintenance Repairer Plumber
    Senior Mason
    Senior Mechanic
    Senior Mechanical Repairer (Light Equipment)
    Senior Parking Meter Repairer
    Senior PS Telecommunicator
    Senior Public Information Assistant
    Senior Public Works Repairer
    Senior Recreation Maintenance Worker
    Senior Traffic Maintenance Worker
    Stock Clerk
    Supervising Cashier
    Supervising Electrician
    Supervising Groundskeeper
    Supervising Heavy Equipment Operator
    Supervising Laborer
    Supervising Maintenance Repairer

    Supervising Maintenance Repairer Carpentry
    Supervising Mechanic
    Supervising Mechanical Repairer Light Equipment
    Supervising PS Telecommunicator
    Supervisor Building Service
    Supervisor of Accounts
    Supervisor Public Works
    Supervisor Recreation Maintenance
    Supervisor Sanitation
    Supervisor Streets
    Supervisor Traffic Maintenance
    Tax Clerk, Typing
    Technical Assistant, Land Use
    Technical Assistant To Construction Official, Typing
    Tourism Representative
    Traffic Maintenance Worker
    Traffic Signal Electrician
    Truck Driver
    Truck Driver, Heavy
    Violations Clerk
    Violations Clerk, Typing
    Welder
    Zoning Officer



    PART TIME:

    Account Clerk
    Account Clerk, Typing
    Accountant
    Airport Attendant
    Animal Control Officer
    Assessing Aide
    Assistant Violations Clerk
    Assistant Zoning Officer
    Audiovisual Equipment Technician
    Building Inspector
    Building Maintenance Worker
    Cashier
    Clerk
    Clerk Typist
    Code Enforcement Officer

    Equipment Operator
    Fire Official
    Fire Protection Sub-Code Official
    Golf Ranger
    Housing Inspector
    Housing Inspector, Typing
    Identification Officer
    Lifeguard – Pool
    Mechanic
    Postal Clerk
    PS Telecommunicator
    PS Telecommunicator Trainee
    Public Works Inspector
    Recreation Leader
    Recreation Leader (Aerobics Instructor)
    Recreation Leader (Yoga)
    Recreation Maintenance Worker
    Recreational Aide
    Recreational Leader
    School Traffic Guard
    Senior Account Clerk
    Senior Clerk
    Senior Clerk Typist
    Senior Building Maintenance Worker
    Senior Telephone Operator
    Technical Assistant 3
    Telephone Operator
    Truck Driver
    Water Safety Instructor


    And Any Replacement/Amended Title Forwarded by the New Jersey Department of Personnel during the term of this Agreement.












    MEMORANDUM OF UNDERSTANDING

    The following sidebar provisions are deemed to be in the best interest of the parties and shall remain in effect as if part of the original contract. They have been agreed to independently by each party and fully resolve any outstanding complaints, grievances or disputes regarding the subjects of said agreement.

    Retiree Health Benefit Sidebar Agreement
    Time served with the Ocean City Library shall be credited toward entitlement for City paid retiree health benefits for Jack Coughlin (9/23/74 - 7/15/89) and Deborah Tucker (9/4/79 - 8/31/84). This sidebar agreement is limited to the aforementioned individuals and shall not be expanded to include any other members.

    Vacation Sidebar Agreement
    For all employees hired prior to August 30, 1984, annual vacations shall be granted as follows:
        1. From the date of hire to the end of the first calendar year - one (1) working day for each month.
        2. From the beginning of the second calendar year until the end of the fifth calendar year - twelve (12) working days.
        3. From the beginning of the sixth calendar year until the end of the tenth calendar year - eighteen (18) working days.
        4. From the beginning of the eleventh calendar year until the end of the fifteenth calendar year - twenty-two (22) working days.
        5. From the beginning of the sixteenth calendar year until the end of the twentieth calendar year - twenty-seven (27) working days.
        6. From the beginning of the twenty-first calendar year until the date of retirement - thirty (30) working days.









    Representation Sidebar Agreement
    Effective April 1, 1996, notwithstanding the fact that Ruth Vanderpool holds the title of Administrative Clerk, as long as she serves in the capacity of overseeing payroll operation within the Department of Financial Management, she will be considered a confidential employee exempt from the CWA Local 1078 collective negotiations unit.






















    Ocean City and CWA Loc 1078 2003.pdf