| A G R E E M E N T|
THE BOARD OF CHOSEN FREEHOLDERS OF
THE COUNTY OF SOMERSET
THE AMERICAN FEDERATION OF STATE,
COUNTY, MUNICIPAL EMPLOYEES, LOCAL 3487, AFL-CIO
TABLE OF CONTENTS Page
Article 1 Recognition of the Union 1
Article 2 Supervisors 2
Article 3 Dues Check-Off 2
Article 4 Probationary Period 2
Article 5 Inspection Privileges 3
Article 6 Union Bulletin Board 3
Article 7 Shop Steward 3
Article 8 Hours of Work and Meal Allowance 4
Article 9 Overtime Assignment 6
Article 10 Premium Pay 6
Article 11 Grievance Procedure 7
Article 12 Vacations 10
Article 13 Safety 12
Article 14 Notification of the Union 13
Article 15 Working at Different Rates 13
Article 16 Management Rights 13
Article 17 Job Classification Sheets 14
Article 18 Pay Day 14
Article 19 Sick Leave 14
Article 20 Health Care Insurance Program 17
Article 21 Group Insurance and Pension 17
Article 22 Uniforms 17
Article 23 Military 18
Article 24 Jury Duty 18
Article 25 Funeral Leave 18
Article 26 Special Licenses 19
Article 27 Suspension or Revocation of License 21
Article 28 Compensation Claims 21
Article 29 Protection of Rights 22
Article 30 Separability and Saving Clause 22
Article 31 Maintenance of Standards 22
Article 32 Seniority 23
Article 33 Layoff and Recall 25
Article 34 Loss of Seniority 26
Article 35 Holidays 26
Article 36 Personal Days of Absence 27
Article 37 Salaries 27
Article 38 Termination 29
This AGREEMENT is entered into this 13th 20th day of July June, 1998 2005 by and
BETWEEN LOCAL UNION No. 3487, Affiliated with the AMERICAN FEDERATION OF STATE, COUNTY and MUNICIPAL EMPLOYEES ("AFSCME"), AFL-CIO, hereinafter referred to as the "Union"; and the BOARD of CHOSEN FREEHOLDERS OF THE COUNTY OF SOMERSET, hereinafter referred to as the "Employee".
This effective date of this Agreement is January 1, 19982005. The Employer and the Union agree as follows:
The Employer recognizes Local 3487, affiliated with AFSCME as the sole and exclusive bargaining agency for certain blue collar employees employed by the County of Somerset in the Roads and Bridges Department as provided for in PERC Certifica-tion of Representation Docket #RO-88-27, issued December 1, 1987 and modified by #RO-90-109. Excluded are managerial executives, clerical employees, confidential employees, craft employees, mechanics, parts person, gas attendants, professional employees, police, and supervisors as defined in the Act, assistant foremen, bridge foremen, road foremen, road and bridge supervisors, assistant supervisors and administrative supervisors.
RECOGNITION OF THE UNION
ARTICLE 2 Supervisors will not perform bargaining unit work so as to deny employees overtime pay or the opportunity of promotion.
ARTICLE 3 The Employer agrees that it will, on the first payroll in each month, deduct the UNION dues from the pay of each employee and transmit the same with a list of such employees to the Secretary-Treasurer of LOCAL UNION 3487 within ten (10) days after the dues are deducted.
The UNION agrees to furnish written authorization, in accordance with law, from each employee authorizing these deductions.
The UNION will furnish the Employer a written statement of the dues and initiation fees to be deducted.
ARTICLE 4 All newly hired employees shall serve a probationary period of ninety (90) calendar days. During this probationary period the EMPLOYER reserves the right to terminate a probationary employee for any reason. Such termination shall not have recourse through the Grievance and Arbitration provisions of this Agreement.
ARTICLE 5 Providing prior notice is given to the EMPLOYER, authorized agents of the UNION shall have access to the Employer's establishment during working hours for the purposes of adjusting disputes, investigating working conditions, collection of dues, and ascertaining that the Agreement is being adhered to, pro-vided, however, that there is no interruption of the EMPLOYER'S working schedule.
ARTICLE 6 The EMPLOYER agrees to provide a bulletin board in a conspicuous place in each facility where employees report to work. Postings by the UNION on such bulletin boards are to be confined to official business of the UNION. The County agrees that the bulletin board in the south County facility will be locked with both the Union and the County having keys. If anything objectionable to the County is posted, both the Union and the County will discuss the item and attempt in good faith to agree on how to handle such item. If unresolved, it will be removed.
UNION BULLETIN BOARD
ARTICLE 7 The EMPLOYER recognizes the right of the UNION to designate shop stewards.
The authority of the shop steward will be as set forth in this Agreement.
Shop stewards have no authority to take strike action or any other action interrupting the EMPLOYER'S business.
The EMPLOYER recognizes these limitations upon the authority of shop stewards and shall not hold the UNION liable for any unauthorized acts. The EMPLOYER in so recognizing such limitations shall have the authority to impose proper discipline, including discharge, in the event any steward has taken unauthorized strike action, slowdown, or work stoppage in violation of this Agreement.
On a reasonable request, the Shop Steward may at appropriate times inspect time sheets once they are processed by payroll.
ARTICLE 8 1. The EMPLOYER agrees to schedule each employee for eight (8) hours of work each day and for forty (40) hours of work each week, Monday through Friday inclusive.
HOURS OF WORK AND MEAL ALLOWANCE
2. The EMPLOYER reserves the right to change the hours of work under the following conditions: The EMPLOYER shall give the UNION at least one (1) weekthree days notice. Such notice shall identify the work or project to be undertaken and the employees who will be required to work and shall be for a minimum period of five (5)one (1) days.
3. The EMPLOYER shall allow a one-half (1/2) hour unpaid lunch period each day.
4. The EMPLOYER agrees to allow a paid one-half (1/2) hour lunch period whenever an employee is required to work ten (10) consecutive hours and an additional one-half (1/2) hour lunch period for each subsequent four (4) hours of work. In cases of emergency work (i.e., snow storms) the employee will be entitled to a lunch period every four (4) hours.
5. The EMPLOYER agrees to compensate employees with a meal allowance of eight dollars ($8.00)twelve dollars ($12.00) for each overtime lunch period or a hot meal. Effective January 1, 2002, the meal allowance will increase to twelve dollars ($12.00).
6. The EMPLOYER shall allow a paid fifteen (15) minute break once during each four (4) hour work period.
7. The EMPLOYER agrees to guarantee an employee a minimum of four (4) hours work or pay in lieu thereof at the applicable premium rate of pay whenever an employee is called to work outside of his regularly scheduled hours of work.
If an emergency occurs at the beginning or end of a work day and an employee is at work and not called in and handles the emergency, then he shall not receive the minimum hours of pay.
8. The EMPLOYER agrees to guarantee an employee a minimum of four (4) hours of work or pay in lieu thereof at the applicable premium rate of pay whenever such employee is required to report to work on either a Saturday, Sunday or a holiday.
9. There shall be no compensatory time off. Each employee shall be paid for overtime worked at his appropriate rate and as provided in the premium pay section.
ARTICLE 9 1. Overtime shall be offered on a rotating basis. A list of names prepared in order of date of employment of all members of bargaining unit shall be posted. Each time there is an opportunity for overtime, the foreman Assistant Foreperson shall first call the person whose name appears below the name last called.
2. Each foreman Assistant Foreperson shall periodically post the overtime hours which have been worked.
ARTICLE 10 The EMPLOYER agrees to pay premium wages in accordance with the following rules:
One and one-half (1-1/2) times the straight time hourly rate shall be paid for:
1. All hours spent in the service of the EMPLOYER in excess of eight (8) hours in any twenty-four hour period.
2. All hours spent in the service of the EMPLOYER prior to the scheduled starting time.
3. All hours spent in the service of the EMPLOYER on any Saturday so long as the Employee worked or was paid for the previous five (5) days.
4. All time spent in the service of the EMPLOYER on any Sunday.
5. All paid for absences count as time worked in computing premium pay.
6. All hours spent in the service of the EMPLOYER on any holiday in addition to eight (8) hours straight time.
Opportunity to earn premium pay shall be rotated pursuant to Article 9 with the intention to achieve equalization of premium pay earnings within each class of work, provided the employee is qualified to perform the overtime assignment.
Double time shall be paid for all work in excess of eight (8) hours on the following holidays: Thanksgiving Day, Christmas Day and New Years Day.
7. If the County is closed due to an emergency, employees working during this time will be paid double time for their regular shift hours and time and one half for all other hours worked.
ARTICLE 11 A grievance is hereby defined to be any controversy, complaint, misunderstanding, or dispute.
Employees have the right to have a UNION representative present during discussion of any grievance with representatives of the EMPLOYER.
Any grievance arising between the EMPLOYER and the UNION or any employee(s) represented by the UNION shall be settled in the following manner:
Step 1: The aggrieved employee or employees must present the grievance in writing to the foreman through the shop steward within ten (10) working days after knowledge of the grievance or the reason for the grievance has occurred, except that no time limit shall apply in the case of a violation of wage provisions of this Agreement. If a satisfactory settlement is not reached with the foreman within six (6) working days, the grievance may be appealed to Step 2. Such appeal must be made within ten (10) working days.
Step 2: At Step 2, the grievance shall be presented in writing to the Division Head. The foreman's decision shall then be reviewed by the Division Head who shall respond in writing within ten (10) working days. If a satisfactory settle-ment is not reached in that time, the Division Head's decision may be appealed to the Director of Public Works as Step 3.
Step 3: At Step 3, the grievance shall be presented in writing to the Director of Public Works. The Director shall call a meeting no later than ten (10) working days from the receipt of the grievance to review the evidence with the grievant, a representative of AFSCME, the Local Union President and the shop steward. The written decision on the grievance must be made within ten (10) working days of the meeting.
Step 4: If no satisfactory settlement has been reached within the time limit, the matter shall be referred to an arbitrator within ten (10) working days of the date of the decision of the Director of Public Works was due or was received. The arbitrator will be chosen through the Public Employment Relations Commission procedure. A copy of the demand for arbitration shall be sent to the Human Resources Director of Somerset County. The selection of the independent arbitrator shall be made pursuant to the rules then existing of the Public Employment Relations Commission.
The Arbitrator shall be limited to violations of the Agreement and shall not have the authority to amend or modify this Agreement or establish new terms or conditions under this Agreement.
A mutual settlement of the grievance pursuant to the procedures set forth herein and/or a decision of the Arbitrator will be final and binding on all parties and the employees involved.
The expense of the Arbitrator selected or appointed shall be borne equally by the EMPLOYER and the UNION.
The Local Union, or its authorized representative shall have the right to examine the time sheets and any other records pertaining to the computation of compensation of any individual or individuals whose pay is in dispute.
The UNION will provide all information available to it to the EMPLOYER which pertains to the grievance during Steps 1 and 2.
Vacation entitlement shall be based on the employee's anniversary date of the employment and will be adjusted as of January 1st of each year.
Vacation pay shall be based on an employee's forty (40) hours straight time pay period.
TOTAL EMPLOYMENT VACATION
One (1) to five (5) years Eighty (80) work hours
More than five (5) years but Ninety-six (96) work
less than ten (10) years on hours
on July 1
More than ten (10) years but One hundred twenty (120)
less than fifteen (15) years work hours
on July 1
More than fifteen (15) years One hundred forty-four but less than twenty (20) years (144) work hours
on July 1
More than twenty(20) years One hundred sixty (160)
but less than twenty-five (25) work hours
years on July 1
More than twenty-five (25) Two Hundred (200) work
years on July 1 hours
If an employee is hired before July 1 of a given year, he/she shall be eligible for a vacation during the remainder of said year. Depending upon the hourly schedule an employee works, a full-time employee shall earn up to eight (8) vacation hours at full pay for each full month of service during the remainder of the calendar year in which employee shall not exceed eighty (80) working hours.
Part-time employees who are regularly scheduled to work twenty hours or more per week shall be entitled to vacation if hired before July 1 of a given year. Such part-time employees shall earn vacation hours up to 7 vacation hours at full pay for each full month of service during the remainder of the calendar year employed; however, the maximum number of hours a part-time employee may earn during the remainder of the calendar year in which employed shall not exceed fifth-six (56) working hours. For the purpose of this policy, any person hired as an employee on or before the 15th of a given month shall earn vacation time at the end of said month.
During the remainder of the calendar year in which employed, an employee may use vacation hours only as earned; however, no vacation hours may be taken until an employee has completed six months of service.
If an employee is hired on or after July 1 of a given year, he/she shall not be eligible for a vacation during the remainder of said year. The employee also shall not earn vacation during the remainder of said year.
At the beginning of the following calendar year, a full-time employee shall be credited with vacation hours in accordance with the schedule above, and a part-time employee shall be credited with vacation hours in accordance with the schedule. However, in no case may vacation hours be taken until an employee has completed six months of service.
Vacation may be scheduled throughout the calendar year with the approval of the supervisor. Preference for selection shall be awarded employees in the order of greatest total employment seniority in the bargaining unit.
In the event a holiday named in this Agreement falls during an employee's vacation period, such employee shall receive an additional eight (8) hours vacation with pay.
Eighty (80) hours vacation from any given year may be held over to the following year at the option of the employee only.
In the event a death occurs in an employee's immediate family or the employee becomes hospitalized during the vacation period, the remaining vacation time shall be canceled and rescheduled at the employee's request. The EMPLOYER may request proof substantiating death or hospitalization.
The EMPLOYER shall grant vacation in four (4) hour units up to a maximum of forty (40) hours upon three (3) days notice to the EMPLOYER.
ARTICLE 13 The EMPLOYER shall not require, direct or assign any employee to work under unsafe or hazardous conditions.
The employee upon discovering an unsafe or hazardous condition will immediately tell the foremanAssistant Foreperson or delegate. The foreman Assistant Foreperson or delegate will either determine and advise how the work can be performed safely or will stop the work.
In the event the employee disagrees with the decision of the foreman Assistant Foreperson or delegate as to the safety of the working conditions, the foreman Assistant Foreperson or delegate will notify the Supervisor of Vehicle MaintenanceRoads and Bridges who will make the final decision. The EMPLOYER shall not require employees to take out on the streets or highways any vehicle that is not in safe operating condition.
The decision on whether a vehicle is in safe operating condition will be made by the Supervisor of Vehicle MaintenanceRoads and Bridges.
ARTICLE 14 The EMPLOYER will provide the names and other informa-tion on all employees to the UNION on forms to be provided by the UNION.
NOTIFICATION OF THE UNION
ARTICLE 15 An employee assigned to a classification with a higher rate of pay at the beginning of the dayof Equipment Operator or Equipment Operator/Mosquito will be paid an addi-tional $8.00$12.00 for the day worked. If assigned for one-half (1/2) day the employee shall receive $4.00$6.00 for the half-day worked. An employee assigned to a classification of Assistant Foreperson will be paid an additional $24.00 for the day worked. If assigned for a partial day, the employee shall receive $3.00 per hour for the hours worked.
WORKING AT DIFFERENT RATES
ARTICLE 16 The EMPLOYER shall retain all rights of management as provided by law or pertaining to its operation, except as such rights are limited or modified by the provisions of this Agree-ment.
ARTICLE 17 The EMPLOYER will prepare and make available to the UNION Job Classification Sheets describing the principal func-tions of each job classification covered by this Agreement and any new classifications coming under this Agreement.
JOB CLASSIFICATION SHEETS
ARTICLE 18 All employees will be paid by check semi-monthly on the 15th and last day of each month.
1. Employees with one (1) or more years employment shall be entitled to one hundred twenty (120) sick leave hours at the begin-ning of each calendar year without loss of pay.
2. Employees with less than one (1) year employment shall be entitled to ten (10) hours for each month worked.
3. Employees who were hired on or before January 1, 1980 shall accumulate unused sick leave hours from year to year without maximums. Effective April 6, 1999, all employees who were hired prior to January 1, 1980 shall no longer accumulate sick time. Those employees shall have their sick time capped at their 1999 sick time balance. No additional sick time can be accumulated beyond this cap by these employees.
4. Employees who were hired after January 1, 1980 shall accumulate sick leave hours from year to year to a maximum of 1440 hours. After reaching 1440 hours, unused sick leave shall be converted to vacation with eight (8) hours of vacation for every twenty-four hours of unused sick leave.
5. When an employee resigns in good standing or is terminated through no fault of his/her own after ten (10) years or more services with the County, the employee shall receive pay-ment for one-third (1/3) of his/her accumulation of unused sick leave hours carried over from the previous calendar year. The employee shall also receive payment for one-twelfth (1/12) of the sick leave hours credited to him/her at the beginning of his/her termination year for each full month worked during said year, provided the employee had not already used such time. For the purpose of this policy, if an employee's last day worked is on or after the 15th of a given month, he/she shall receive credit for said month. If, after computing one-third (1/3) of the em-ployee's accumulation of unused sick leave hours there is less than four (4) hours remaining, the employee shall not receive credit for this.
6. An employee who resigns not in good standing or who is terminated as a result of disciplinary action shall not re-ceive payment for any accumulation of unused sick leave hours, regardless of his/her number of years of service with the County.
7. In the event of death of the employee, the em-ployee's survivor, estate, or administrator shall receive payment for the employee's unused sick leave time, regardless of the num-ber of years of service the employee had with the County, com-puted in the same manner as it is for an employee who resigns in good standing after ten (10) years or more of service.
When an employee retires, the employee shall receive payment for one-half (1/2) of his/her accumulation of unused sick leave hours carried over from the previous calendar year, regard-less of the number of years of service the employee had with the County. The employee shall also receive payment for one-twelfth (1/12) of the sick leave hours credited to him/her at the begin-ning of his/her retiring year for each full month worked during said year, provided the employee had not already used such time. For the purpose of this policy, if an employee's last day worked is on or after the 15th of a given month, he/she shall receive credit for said month. If, after computing one-half (1/2) of an employee's accumulation of unused sick leave hours, there is less than four (4) hours remaining, the employee shall not receive credit for this.
ARTICLE 20 Employees will continue to receive the same health insurance benefits which are offered to all other County employees, including any changes.
HEALTH CARE INSURANCE PROGRAM
ARTICLE 21 Each employee shall be enrolled for all benefit entitle-ments provided within the Public Employee Retirement System. Pension benefits shall be based on regular wages.
GROUP INSURANCE AND PENSION
ARTICLE 22 The EMPLOYER shall provide five (5) shirts, five (5) pants, to the employees, which will be required to be worn and maintained by the employee. The shirts and pants will be replaced every two years by the EMPLOYER. The EMPLOYER also shall provide five (5) tee-shirts annually. The EMPLOYER will provide one set of insulated coveralls or one (1) winter jacket or one (1) light jacket every two years alternating between insulated coveralls or winter jacket, and the light jacket. The EMPLOYER will provide raincoats and slush boots to all new employees, with replacement on a normal wear and tear basis. Employees may substitute two lightweight coveralls in lieu of two shirts and two pants.
The EMPLOYER will reimburse employees for the purchase of one (1) pair of safety shoes (steel-toed) up to a cost of $70.00 and reimbursement for a second pair of safety shoes on a normal wear and tear basis for up to $70.00. Effective January 1, 2002, the employer will reimburse employees for the purchase of one (1) pair of safety shoes (steel-toed) up to a cost of $100.00 and reimbursement for a second pair of safety shoes on a normal wear and tear basis for up to $100.00.
All employees are required to wear uniforms including tee-shirts during their working hours.
Work gloves will be provided when needed.
ARTICLE 23 Employees enlisting or entering the Military or Naval Service of the United States, pursuant to the provisions of the Universal Military Training and Service Act and amendments there-to, shall be granted all rights and privileges provided the Act.
ARTICLE 24 An employee who is called to Jury Duty shall immediately notify the EMPLOYER.
An employee shall not be required to report back for work in any day in which court is attended for Jury Duty Service, regardless of the employee's shift.
The EMPLOYER agrees to pay the employee eight (8) hours straight time pay for each day on Jury Duty Service.
ARTICLE 25 The EMPLOYER agrees to grant an employee up to five (5) working days leave with pay as funeral leave with full pay when a death occurs in the employee's immediate family.
The employee's immediate family is considered to in-clude: Spouse, Children, Brother, Sister, Parents, Parent-in-law, Brother-in-law, Sister-in-law, Grandchildren, Grandparents or Step-or-Half Relations of employee or spouse.
The EMPLOYER may request submission of proof.
ARTICLE 26 The EMPLOYER shall pay the fee for the grant or renewal of any special licenses, which the employee is required by law to have in the performance of the duties and responsibilities speci-fied in the job classification.
All employees will be required to maintain a current, valid Commercial Driver's License (CDL) as a condition of continued employment, consistent with federal law. Pursuant to the CDL requirements, all employees may be subject to mandatory random drug and alcohol testing, and to annual eye examinations to ensure continued qualification for their positions. It is mutually recognized and agreed that these requirements are consistent with the requirements under federal law, and are not subject to modification through negotiations between the parties. The EMPLOYER will pay for the difference in the fee between the cost for the grant or renewal of a CDL as compared with a regular driver's license.
Effective January 1, 2001, employees classified as equipment operators, roadworkers and bridgeworkers who obtain a license to spray for mosquitoes and handle mosquito spraying pesticides shall be reclassified as equipment operator/mosquito and roadworker/mosquito, respectively, and shall have their respective salaries increased by $2,884.00, effective with the pay period in which the license is issued. This salary increase shall be in lieu of and shall replace the eight dollars ($8.00) per day that the affected employee would receive pursuant to Article 15 for performing mosquito spraying activities. Such employees must present proof of the license to the EMPLOYER. This paragraph supercedes the terms of June 22, 2000 Addendum to this Agreement, effective January 1, 2001. The EMPLOYER will maintain a collective maximum of at least twenty-five (25) Equipment Operator/Mosquito, Roadworker/Mosquito and Bridgeworker/Mosquito positions. The EMPLOYER will maintain a seniority list by license date of employees classified as equipment operators, roadworkers and bridgeworkers who obtain a license to spray for mosquitoes and handle mosquito spraying pesticides. Such employees must present proof of the license to the EMPLOYER. Equipment Operator/Mosquito, Roadworker/Mosquito and Bridgeworker/Mosquito positions will be filled from the seniority list as vacancies occur, not to exceed the EMPLOYER’s maximum. The employee(s) selected from the seniority list shall be reclassified as equipment operator/mosquito and roadworker/mosquito, respectively, and shall have their respective salaries increased by $2,884.00, effective with the pay period in which the reclassification occurs.
ARTICLE 27 In the event an employee shall suffer a suspension or revocation of his chauffeur's license because of a succession of size and weight penalties, caused by the employee complying with his EMPLOYER'S instructions to him, the EMPLOYER shall provide employment for such employee at not less than his regular earn-ings at the time of such suspension for the entire period thereof subject however to the seniority and lay-off provisions appli-cable to him at the time of such suspension.
SUSPENSION OR REVOCATION OF LICENSE
ARTICLE 28 The EMPLOYER and the employee agree to cooperate toward the prompt set-tlement of employee on-the-job injury claims when such claims are due and owing as required by law. The EMPLOYER shall provide Worker's Compensation protection for all employees or the equiva-lent thereof if the injury arose out of or in the course of employment.
In the event that an employee is injured on the job, the EMPLOYER shall pay such employee guaranteed wages for that day lost because of such injury. An employee who is injured on the job and is sent home or to a hospital, or who must obtain medical attention shall receive pay at the applicable hourly rate of pay for the balance of the regular shift or overtime guaranteed on that day. An employee who has returned to regular duties after sustaining a compensable injury who is required by the Worker's Compensation doctor to receive additional medical treatment dur-ing regularly scheduled working hours shall receive regularly hourly rate of pay for such time.
ARTICLE 29 An employee shall not be required to cross any picket line involving a labor dispute with a private employer.
PROTECTION OF RIGHTS
ARTICLE 30 If any Article or Section of this Agreement or of any Supplements or Riders thereto should be held invalid by operation or law or by any tribunal of competent jurisdiction, or if com-pliance with or enforcement of any Article or Section should be restrained by such tribunal pending a final determination as to its validity, the remainder of this Agreement and any Supplements or Riders thereto, or the application of such Article or Section to persons or circumstances other than those as to which it has been invalid or as to which compliance with or enforcement of has been restrained, shall not be affected thereby.
SEPARABILITY AND SAVING CLAUSE
ARTICLE 31 The parties agree that the Collective Bargaining Agreement between the parties contains the entire agreement with respect to terms and conditions of employment
MAINTENANCE OF STANDARDS
ARTICLE 32 There shall be two forms of seniority:
A. Bargaining Unit Seniority
B. Classification Seniority
Bargaining Unit Seniority shall be defined to mean a total of all periods of employment within a particular classifi-cation.
Classification Seniority shall be defined to mean the total of all permanent periods of employment within a particular classification.
Bargaining Unit Seniority shall prevail in all matters where a preference may be exercised except as otherwise provided for in this Agreement.
Structure of the Bargaining Unit
The Bargaining Unit shall be divided into two (2) de-part-ments,
1. Road Department
2. Bridge Department
A promotion is hereby defined as a move from a lower pay grade to a higher pay grade.
Notice of all permanent job vacancies shall be posted on all bulletin boards and will include job title, labor grade, a brief description of job duties and associated skills required. The posting period shall be ten (10) work days.
All bids shall be made in writing to the EMPLOYER.
Only those employee(s) who bid for the job during the posting period shall be considered for the job.
The opportunity to fill job vacancies shall be offered in the following sequence:
First, to the most senior qualified employee(s) in the department where the vacancy exists. If there are none, then,
Second, to the most senior qualified employee(s) in the remaining departments. If there are none, then
Third, new hires.
The EMPLOYER agrees to the principle that all job vacan-cies should be filled from within the bargaining unit before filling the jobs with new hires.
An employee who is promoted to a higher position shall receive the rate of the new job classification in accordance with County policy for Hay system employees. All employees so promoted shall be placed in the higher rated job at no less than the minimum rate All employees so promoted shall be placed on the higher rated job for a trial period of thirty (30) days. In the event the employee does not successfully pass this thirty (30) day trial period, such em-ployee shall be given his former position without any loss of seniority or pay.
The UNION and the employee will be kept advised of the progress made in learning the new assignment. The employee will be given every assistance to successfully meet the requirements of the job.
Classification service shall be determined by length of residence in the classification beginning with the date of entry.
Whenever the EMPLOYER reduces the number of employees within a given classification, the employee demoted shall be the employee with the least classification seniority.
Demotions shall be restricted to classifications within the department where the surplus exists.
Employees demoted shall have recall rights to any future vacancy in the classification they formerly held. Such recall rights shall have preference to any bid on a posted vacancy. Recall rights shall be listed when the offer to return is re-fused.
ARTICLE 33 The EMPLOYER may reduce the working force. In such event, the following procedures shall apply:
LAYOFF AND RECALL
1. Employees shall be laid off in the order of least total employment seniority, regardless of classification or department.
2. Notice of such layoffs will be given at least thirty (30) days before the scheduled layoff.
3. A laid off employee shall have preference for re-employment for a period of two (2) years.
4. The EMPLOYER shall rehire laid off employees in the order of greatest employment seniority. The EMPLOYER shall not hire from the open market while any employee has an unexpired term of preference for re-employment and can do the work.
5. Notice of re-employment to an employee who has been laid off shall be made by registered or certified mail to the last known address of such employee. Once notified, an employee shall have three (3) days to send notice of his intent to return to work and ten (10) days to return to work.
ARTICLE 34 An employee shall lose seniority rights only for any one of the following reasons:
LOSS OF SENIORITY
1. Voluntary resignation.
2. Discharge for just cause.
3. Failure to return to work within the prescribed period upon recall as provided in the layoff and recall provisions of this Agreement.
4. Continuous layoff beyond recall period for re-employment outlined in this Agreement.
ARTICLE 35 Effective January 1, 1998, theThe EMPLOYER agrees to pay each employee eight (8) hours pay without working for each of the following holidays:
New Year's Day Labor Day
Martin Luther King's Columbus Day
Birthday Election Day
Lincoln's Birthday Veteran's Day
Washington's Birthday Thanksgiving Day
Good Friday Friday After Thanksgiving
Memorial Day Christmas Eve Day
Independence Day Christmas Day
Any holiday which falls on Saturday shall be celebrated the preceding Friday.
Any holiday which falls on Sunday shall be celebrated the following Monday.
ARTICLE 36 Effective January 1, 1998, Employees will be granted twenty-four (24) hours of Personal Leave with pay in each year, which will be granted at the rate of eight (8) hours personal time with pay for every four (4) months worked.
PERSONAL DAYS OF ABSENCE
Employees will give forty-eight (48) hours advance notice as to which days will be taken, except in the case of emergency.
Employees shall not be required to state any reason in using personal days of absence entitlement.
All employees shall be entitled to receive salary in-creases according to the following terms:
1. All salary adjustments for the years 2001 through 2004 are set forth on Schedule A attached hereto.
2. All employees on the payroll as of the date of any general increase shall receive such increase.
3. All salaries shall be increased as follows:
Effective 01/01/99 by $766.00
Effective 01/01/00 by $804.00
Effective 01/01/01 by $1126.00
Effective 01/01/02 by $1150.00
Effective 01/01/03 by $1218.00
Effective 01/01/04 by $950.00
4. The salary of each employee on the payroll as of July 10, 2001 and classified as equipment operator or equipment operator/mosquito whose salary on July 10, 2001 is $29,671.00 shall be increased by $254.00. This increase shall be effective January 1, 2001.
5. The salary of each employee on the payroll as of July 10, 2001 and classified as equipment operator/mosquito whose salary was not increased by $254.00 pursuant to paragraph 4 of this Article shall be increased by $254.00. This increase shall be effective January 1, 2001.
The EMPLOYER and the Union agree that all employees covered by this agreement will be included in the Hay system. Unit employees on the County payroll as of the date of this agreement will receive wage increases for the first year of this agreement as per the 2005 Hay Pay Policy and Salary proposal, as follows: Across the board salary adjustment of $250.00 plus 3.5%, then a one-grade upgrade of 5%.
In 2006, employees will receive performance evaluations. Salary increases shall be per the Hay system, with a guarantee of at least 3%, for all employees not receiving a performance evaluation of “unsatisfactory”. Employees in the classification of Equipment Operator and Equipment Operator/Mosquito will receive an additional salary increase of $1,000.00.
In 2007, employees will receive performance evaluations. Salary increases shall be per the Hay system, with a guarantee of at least 3%, for all employees not receiving a performance evaluation of “unsatisfactory”.
ARTICLE 38 This Agreement shall be full force and effect from January 1, 1998 2005 to and including December 31, 2004 2007 and shall continue from year to year thereafter unless written notice of desire to cancel or terminate the Agreement is served by either party upon the other at least sixty (60) days prior to the date of expiration.
During the final year of this Agreement, either party may request a re-opening of this Agreement for the purpose of renegotiating salaries for 2004 and extending the term of this Agreement beyond December 31, 2004.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day of June, 1998 2005 to be effective as of January 1, 19982005.
FOR THE EMPLOYER FOR THE EMPLOYEES
Director, Paul Mercatanti
Board of Chosen Freeholders AFSCME, Local Union 3487
Joseph PagerTony Di Mura