TOWNSHIP OF LAWRENCE
MERCER COUNTY, NEW JERSEY
LOCAL 396 OF THE FIREFIGHTERS MUTUAL BENEVOLENT ASSOCIATION
(Emergency Medical Technicians)
JANUARY 1, 2010 - DECEMBER 31, 2013
TABLE OF CONTENTS
RECOGNITION AND SCOPE OF AGREEMENT 5
COLLECTIVE BARGAINING PROCEDURE 6
CONDUCTING UNION BUSINESS ON EMPLOYER’S TIME 7
DISCRIMINATION AND COERCION 8
MATERNITY LEAVE 9
SEVERANCE PAY 10
HOURS OF EMPLOYMENT 11
COMPENSATION FOR OVERTIME 12
SALARY GUIDE AND STEPS 13
DUES DEDUCTIONS 16
HOLIDAY AND SNOW DAYS 17
BEREAVEMENT LEAVE 18
VACATION LEAVE 20
SICK LEAVE 22
UNIFORM ALLOWANCE 23
HEALTH AND RETIREMENT BENEFITS 25
GRIEVANCE PROCEDURE 30
STRIKES AND OTHER JOB ACTION 33
MANAGEMENT RIGHTS 34
SEPARABILITY AND SAVINGS 35
PERSONAL LEAVE 36
PROPERTY DAMAGE 37
TRAVEL EXPENSES 38
SAFETY COMMITTEE 39
SURVIVOR’S BENEFIT CLAUSE 40
LEAVES OF ABSENCE 41
ACCESS TO PERSONNEL FILES 43
JURY DUTY 44
DURATION, TERM AND RENEWAL 45
This Agreement made and entered into this 19th day of May, 2010, by and between the TOWNSHIP OF LAWRENCE, in the County of Mercer, a Municipal Corporation in the State of New Jersey (hereinafter referred to as the “Township”), and Local 396 of the Firefighters Mutual Benevolent Association (hereinafter referred to as the “Union”), represents the complete and final understanding on all bargained issues between the Township and the Union and is designed to maintain and promote a harmonious relationship between the Township and its employees who are covered by this agreement, in order that more efficient and progressive public service may be rendered. This Agreement will expire on the 31st of December, 2013. .
RECOGNITION AND SCOPE OF AGREEMENT
The TOWNSHIP hereby recognizes the UNION as the sole and exclusive representative of all employees in the bargaining unit as defined in Article I Section 1.2, herein for the purpose of collective bargaining, settlement of grievances and all activities and processes relative thereto.
The bargaining unit shall consist of all employees whose titles are EMT and EMT/Fire Prevention Specialist, of the Department of Public Safety, of the Township of Lawrence, New Jersey now employed or hereafter employed, excluding the Safety Officer, and any confidential employees and all employees not engaged in emergency services within the Township of Lawrence.
This Agreement shall govern all wages, hours and all other conditions of employment as hereafter set forth. No member of the FMBA Local 396 shall receive salary and benefits less than those provided to the general membership and listed in the contract.
This Agreement shall be binding upon the parties hereto and their successors, as permitted by law.
COLLECTIVE BARGAINING PROCEDURE
Collective bargaining with respect to rates of pay, hours of work or other conditions of employment shall be conducted by the duly authorized bargaining agent of each of the parties. Unless otherwise designated, the Municipal Manager of the TOWNSHIP or his designee or designees, and the Committee of the UNION or their designees, shall be the respective bargaining agent for the parties. No representatives of the TOWNSHIP shall meet with any member of the UNION other than the authorized representatives of FMBA Local 396 for the purpose of discussing wages, hours, or conditions of employment or any other matters, which are subjects of collective bargaining.
Collective bargaining meetings shall be held at times mutually convenient at the request of either party.
Employees of the TOWNSHIP, not greater than two (2), who may be designated by the UNION to participate in collective bargaining meetings called for the purpose of the negotiation of a collective bargaining agreement, will be excused from their work assignments.
CONDUCTING UNION BUSINESS ON EMPLOYER’S TIME
The TOWNSHIP agrees to grant the necessary time off without loss of pay to a representative of the UNION selected as a delegate to attend any state or International convention of the FMBA. The TOWNSHIP further agrees to grant the necessary time off without loss of pay to the member of the UNION selected as the P.F.A.N.J. representative in order to enable said delegate to attend all monthly and special meetings of the P.F.A.N.J. and to attend to such other business as may be required subject to available manpower and advance approval of the Municipal Manager, provided however, said time off does not exceed twelve (12) days per calendar year.
The UNION President or other UNION officials shall have reasonable time during work hours to type letters, make telephone calls and conduct union business without loss of pay. UNION officials shall also be permitted to utilize a desk, telephone and computer to conduct union business. No personal business is to be conducted while utilizing the aforementioned facilities.
If a grievance or potential grievance is the subject of such business, employees who are the subject of a grievance shall likewise have reasonable time without loss of pay during working hours to confer with the President or his authorized representative, upon approval the employee’s supervisor.
(a) The UNION shall have the sole use of a designated UNION bulletin board or portion of a bulletin board in each station for the sole purpose of posting notices relating only to matters of official business of all EMS/ Fire organizations and other employee related matters.
Only material authorized by the signature of the President or a Union Representative shall be permitted to be posted on said bulletin board. The TOWNSHIP may require the UNION to remove from the bulletin board any material, which does not conform to the intent of the above provisions of this Article. Said material will be kept on file with the UNION.
DISCRIMINATION AND COERCION
There shall be no discrimination, interference, or coercion by the TOWNSHIP or any of it’s’ agents against the employees represented by the UNION because of membership or activity in the UNION.
Neither the TOWNSHIP nor the UNION shall discriminate against any employee because of race, color, creed, sex or national origin. The UNION shall not intimidate or coerce employees into membership.
Maternity Leave may be granted up to one (1) year by the Municipal Manager or his designee provided the request is made in writing one month prior to the effective date of leave. The leave, if granted, shall be without pay. Requests for leave under this section shall not be reasonably denied.
Upon retirement of any full time employee hired prior to December 31, 2009 in accordance with applicable statutes and regulations, said employee shall be entitled to a lump sum cash payment in an amount equal to fifty percent (50%) of his accumulated sick leave provided, however, that said payment shall in no event exceed the sum of fifteen thousand dollars ($15,000). Upon retirement employees hired on or after January 1, 2010 shall be entitled to a lump sum cash payment in an amount equal to twenty-five percent (25%) of accumulated sick leave provided, however, that said payment shall in no event exceed the sum of ten thousand dollars ($10,000). Full time employees shall be entitled to terminal leave payment upon retirement provided that the employee shall furnish proof of retirement to the Township. The form of this proof shall be in the form of a copy of the employee’s first retirement check from the Public Employee Retirement System (PERS).
HOURS OF EMPLOYMENT
Calendar year shall begin on January 1st at 00:01 hours, through December 31st at 2400 hours. Calendar week shall mean any week from Sunday at 00:01 hours through Saturday at 2400 hours.
The work week shall refer to the normally scheduled work periods as follows:
Week 1: 36 hour schedule shall be a group of three (3) work days.
Week 2: 48 hour schedule shall be a group of four (4) work days.
Work Day shall mean any 12 hour period that an employee is scheduled to work.
The Supervising Emergency Medical Technician work week schedule shall be thirty-five (35) hours, seven hours per day and said amount of hours shall be applicable to all subsequent sections of this Agreement regarding all matters of time worked and time off.
Whenever an employee may be recalled to duty, the employee shall be entitled to compensation at overtime rate for all hours worked, with a minimum compensation of four (4) hours at the overtime rate except in such cases as the hours worked are continuous with the employee’s regularly scheduled work day, in which case compensation shall be for the hours worked only.
A. For purposes of calculating overtime, the employee’s hourly rate will be based on an eight (8) hour day, forty (40) hour work week.
B. If a full-time Emergency Medical Technician is responding to an emergency call during a time that would be considered a lunch break and said response can be documented, the employee shall be compensated for not receiving a lunch break at straight time.
COMPENSATION FOR OVERTIME
Overtime wages shall be paid at the next immediate two (2) week pay period after such overtime is recorded, as provided in this section and Section 7.3. For the purpose of calculating the overtime rate the employee’s overtime rate will be based on an eight (8) hour day, forty (40) hour work week.
B. Exchanges of shifts between Emergency Medical Technicians (EMT’s) shall be permitted. Exchanges shall be for the identical number of hours. Exchanges must be completed within thirty (30) days. All shift exchanges must be requested in writing and receive written approval of the Supervising Emergency Medical Technician, Lawrence Township Emergency Management Coordinator or the Chief of Police or his designee. Shift changes shall not cause any need for overtime.
C. Whenever a full time employee covered by this collective bargaining agreement in any work week shall be required, directed or authorized to work any period in excess of forty hours in a work week or beyond a scheduled shift as defined in Article 7, Section 7.1 herein, said employee shall be paid at a rate of time and one-half (1 ½) the regular rate of pay. For each overtime hour worked by an employee, the employee shall have the choice of compensatory time off or money. Compensatory time will equal the overtime rate of one and one-half (1 ½) times the hours worked.
D. All shift vacancies when not able to be exchanged per the above language, for whatever reason, shall first be filed by a per diem EMT who is on the approved list of per diem EMTs. If the shift vacancy cannot be filled with an approved per diem EMT then the shift may be filled by a member of Local 396 with the written approval of the Supervising Emergency Medical Technician, Lawrence Township Emergency Management Coordinator or the Chief of Police or his designee.
Time off taken during the 48 hour schedule (i.e., vacation, sick, personal or holiday time) is considered idle time and does not become a part of the 40 hour week aggregate for overtime calculation purposes.
SALARY GUIDE AND STEPS
A. Salary increases shall be as follows:
1. Effective For January 1, 2010 there shall be no Cost of Living Adjustment. The increase for calendar year 2010 is 0%. There shall be no step adjustment for calendar year 2010.
2. Effective January 1, 2011 each employee shall receive a 2.6% increase to their base salary.
3. Effective January 1, 2012 each employee shall receive a 2.75% increase to their base salary.
4. Effective January 1, 2013 each employee shall receive a 2.25% increase to their base salary.
|Emergency Medical Technician|
|Emergency Medical Technician/Fire Prevention Specialist|
| 47,344 || 48,575 || 49,910 || 51,033 |
| 48,518 || 49,779 || 51,148 || 52,299 |
| 49,692 || 50,984 || 52,386 || 53,564 |
| 50,865 || 52,188 || 53,623 || 54,830 |
| 52,039 || 53,392 || 54,861 || 56,095 |
| 53,213 || 54,597 || 56,098 || 57,360 |
| 54,387 || 55,801 || 57,336 || 58,626 |
| 55,561 || 57,006 || 58,573 || 59,891 |
| 56,735 || 58,210 || 59,811 || 61,157 |
| 57,908 || 59,413 || 61,047 || 62,421 |
| 59,083 || 60,619 || 62,286 || 63,687 |
| Grade 2 ||Emergency Medical Technician|
|HIRED AFTER 1/1/07|
|Training 1st six months|| 37,312 || 38,282 || 39,335 || 40,220 |
| 44,977 || 46,146 || 47,415 || 48,482 |
| 46,092 || 47,290 || 48,591 || 49,684 |
| 47,207 || 48,434 || 49,766 || 50,886 |
| 48,322 || 49,579 || 50,942 || 52,088 |
| 49,437 || 50,722 || 52,117 || 53,290 |
| 50,553 || 51,867 || 53,293 || 54,492 |
| 51,667 || 53,011 || 54,469 || 55,694 |
| 52,783 || 54,156 || 55,645 || 56,897 |
| 53,898 || 55,300 || 56,820 || 58,099 |
| 55,012 || 56,442 || 57,994 || 59,299 |
| 56,129 || 57,588 || 59,172 || 60,503 |
| 59,083 || 60,619 || 62,286 || 63,688 |
|Grade 3||Supervising Emergency Medical Technician|
| 70,248 || 72,074 || 74,056 || 75,723 |
The TOWNSHIP shall, upon receipt of written authorization from a member of the UNION, deduct the regular monthly dues of such member from his pay and remit such deduction by the succeeding month to the official designated by the UNION to receive such deduction. The UNION will notify the TOWNSHIP in writing of the exact amount of such regular membership dues to be deducted. This authorization shall indemnify, defend and save the TOWNSHIP harmless against any and all claims, demands, suits or other forms of liability that shall rise out of reliance upon dues deduction authorization forms submitted.
Pursuant to the Agency Shop Bill, any employee in the UNION on the effective date of this Agreement who does not join the UNION within thirty (30) days thereafter, any new employee who does not join within thirty (30) days of initial employment with the Unit and/or any employee previously employed with the unit who does not join within ten (10) days of re-entry into employment within the Union shall, as a condition of employment, pay a Representation Fee to the UNION by automatic payroll deduction. The Representation Fee shall be in the amount equal to eighty-five (85%) percent of the regular UNION membership dues, fees and assessments as certified to the Employer by the UNION. The UNION may revise its certification of 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 so long as the UNION remains the majority representative of the employees in the Union, provided that no modification is made in this provision by a successor agreement between the UNION and the TOWNSHIP.
HOLIDAY AND SNOW DAYS
The following holidays shall be authorized:
1. New Years Day 8. Labor Day
2. Martin Luther King Day 9. Columbus Day
3. Lincoln’s Birthday 10. General Election
4. President’s Day 11. Veteran’s Day
5. Good Friday 12. Thanksgiving Day
6. Memorial Day 13. Day after Thanksgiving
7. Independence Day 14. Christmas Day
All employees covered by this agreement who do not receive the above holidays off on the designated date, as such, the above listed holidays shall be grouped together and given off as Holiday leave each calendar year.
Credit for holiday leave will consist of eight (8) hours each day, 112 hours each calendar year.
Holiday leave will be used like vacation time and the employee will be charged twelve (12) hours of holiday time off.
Holidays which fall within a period when an employee is taking time off shall not be counted as part of the employees’ time off.
Employees of the Department of Public Safety shall receive time off in a manner commensurate with other Township employees for snow days.
In the event of death in the employee’s immediate family, the employee shall be granted time off without loss of pay from the date of death or the day of the funeral, but in no event shall said leave exceed four (4) consecutive working days per incident, except in a case where the funeral is more than four (4) consecutive working days after the day of death, in which case the day of the funeral shall be granted with pay, or in the case of spouse or child, in which case said leave shall not exceed ten (10) consecutive working days per incident.
The term “immediate family” includes wife, husband, daughter, son, father, mother, brother, sister, grandchildren, mother-in-law, father-in-law or a relative who is regularly living in the employee’s household.
In the event of the death of an employee’s grandmother, grandfather, aunt, uncle or cousin, the day of the funeral will be granted as time off without loss of compensation unless the relative permanently resided in the employee’s household.
Notwithstanding the content of the foregoing subparagraph, the Municipal Manager in his sole discretion may grant special consideration in those situations, which are not covered by the above circumstances.
The TOWNSHIP may require verification of death.
The TOWNSHIP shall provide and maintain pension and retirement benefit in accordance with the provisions and statutes of the New Jersey Public Employee Retirement System to all qualified.
The Township shall establish a deferred compensation plan for members of this bargaining unit.
The following vacation schedule shall apply:
EMPLOYMENT PERIOD VACATION
From date of appointment to December 31st 8 hours per month
of the year of appointment
For each succeeding year up to and including 96 hours per calendar
the fifth (5th) year of employment year
From the sixth (6th) through and including the tenth 120 hours per calendar
(10th) year of employment year
From the eleventh (11th) through and including the 160 hours per calendar
fifteenth (15th) year of employment year
Employees hired before 1/1/07 from the sixteenth 200 hours per calendar
(16th) year and each year thereafter year
Employees hired after 1/1/07 will NOT be eligible
for vacation days in excess of the twenty (20)
working day maximum.
If an employee is called back to work while on vacation, The Employee shall be paid at the rate of twice the Employee’s regular rate of pay for all hours worked and shall not lose vacation time.
Unused vacation may be accumulated one year beyond the calendar year in which it is earned, subject to the approval of the Municipal Manager. This approval will not be unreasonably denied.
An employee who is retiring or who has otherwise separated shall be entitled to the vacation allowance of the current year prorated upon the number of months worked in the calendar year.
Whenever an employee dies, there shall be calculated and paid to his estate a sum of money equal to the compensation calculated at the Employee’s salary rate at the time of death.
Vacation leave credits shall continue to accrue while an employee is on leave with pay. Credits shall not accrue while an employee is on leave without pay.
Any employee that is charged for vacation hours in excess of the hours that the employee is entitled will have the excess hours automatically charged to available “Personal Leave” hours available per Article XXV of this agreement.
All full time permanent, full time temporary or full time provisional employees shall be entitled to sick leave with pay based upon their aggregate years of service. Sick leave may be utilized by employees, when they are unable to perform their work by reason of personal illness, accident or exposure to contagious disease. Sick leave may also be used for short periods for attendance to member of the immediate a family who is ill.
The minimum sick leave with pay shall accrue to any full time employee on the basis of eight (*8) hours per month during the remainder of the first calendar year of employment and 110 hours in every calendar year thereafter. Any amount of sick leave allowance not used in a calendar year shall accumulate to the employee’s credit from year to year to be used if and when needed for such purpose.
If an employee is absent for reasons that entitle him to sick leave, his supervisor shall be notified prior to the Employee’s starting time or in conformance with department regulations.
The appointing authority may require proof of illness, whenever such requirement appears reasonable. Abuse of sick leave shall be cause for disciplinary action. In case of leave of absence due to exposure to contagious disease, a certificate from the Health Department shall be required.
Any employee that is charged for sick leave hours in excess of the hours that the employee is entitled will have the excess hours automatically charged to available “Personal Leave” hours available per Article XXV of this agreement.
The TOWNSHIP agrees to provide all new employees with a complete complement of uniforms.
(A) In the event of a change in uniforms, the TOWNSHIP shall purchase any
new items at no cost to the employee.
(B) The TOWNSHIP agrees to replace, at no cost to the employee, all issued
uniform items and structural fire fighting protective gear that is damaged.
New hires will be provided $1000.00 for the purchase of uniform items not to include turnout gear.
the Township agrees to provide all EMT/Fire Prevention Specialists $1,050 annually, which shall be utilized to replace/purchase uniforms.
Each full time employee shall be entitled to longevity pay based solely on the length of full time employment with the TOWNSHIP. The payments shall be made with the payment of an employee’s regular salary and shall be in accordance with the following schedule:
LENGTH OF SERVICE AMOUNT PER ANNUM
Beginning in year 8 through year 11 $800
12 through 15 $1,100
16 through 19 $1,400
20 through 23 ` $1,700
24 through 27 $2,000
28 and beyond $2,300
Longevity pay, as heretofore set forth, shall become effective January 1st or July 1st, the date nearest to the anniversary date of employment.
HEALTH and RETIREMENT BENEFITS
The Township agrees to provide health insurance for all employees and their dependents.
A. Employees shall contribute toward the cost of their health and prescription premiums for themselves and their dependents. The rate of contribution shall be one and one half percent (1.5%) of pensionable compensation of the employee. The contribution shall become effective January 1, 2011 and continue thereafter. The contribution shall be deducted from the employee’s pay.
The TOWNSHIP agrees to provide retirement benefits in accordance with applicable New Jersey statutes. Members that retire after the effective date of this Agreement shall contribute one percent (1%) of their pensionable benefit towards the cost of their selected health and prescription coverage, unless a statutory contribution requires an amount in excess of one percent (1%). The higher amount will be the rate of contribution for health and prescription coverage. The applicable amount will be paid on a monthly basis to the Township by the retiree. Each retiree shall supply proof of pension benefits.
The TOWNSHIP agrees to provide a drug prescription plan, at least the equal to the present program for employees and their families, and reserves the right to choose the insurance carrier for these programs. Employees will be required to contribute to the cost of prescription coverage as provided in Section 18.1 of this Agreement.
The TOWNSHIP will pay 50% of an approved dental plan for employees and their families. The Township reserves the right to choose the insurance carrier for these programs. Employees shall have an option to participate in the program.
The TOWNSHIP will pay for a life insurance policy in the amount of $5,000 for a natural death and will increase to $10,000 in the event of an accidental death. The TOWNSHIP reserves the right to choose the insurance carrier to this program.
Post retirement health benefits will be provided through the N.J.S.H.B.P. Retirees qualify under the following conditions:
A) Disability Retirement
B) Service Retirement with at least 25 years of service in a state approved pension system
and at least 10 years with Lawrence Township.
C) Service Retirement at age 62 or older with at least 15 years of service with Lawrence
The limit of post retirement coverage is as follows:
Retirement under the age of 55, the Township will pay for coverage for 10 years from date of retirement for retiree and dependants.
Retirement between the ages of 55 and 60, the Township pays for coverage until age 65 for retiree and dependants.
Retirement between the ages of 60 and 65, Township pays for coverage until the age of 65 for retiree and dependants, and pays for coverage for only the retiree for a period of 5 years from the date of retirement. i.e.(employee retires on 63rd birthday, Township pays coverage cost for the retiree and dependant to age 65, and pays coverage cost for retiree only until 68th birthday).
Retirement at age 65 or older, the Township pays for coverage for 5 years from date of retirement-retiree only.
The TOWNSHIP will pay $250.00 annually per employee toward the cost of an eye exam, eyeglasses, contact lenses, or a physical examination. In all cases, the TOWNSHIP will reimburse up to $250.00 per year per employee upon submission of receipts to substantiate the costsSection 18.8
Any employee not using sick days in a calendar year will be paid $100.00.
An employee who elects not to enroll in any health benefit plan and/or prescription drug plan and provides documentation of comparable coverage from another source (e.g., a spouse’s employer) shall be entitled to receive a cash payment equivalent to one-half the cost of single health benefits and/or prescription drug coverage. Such payment will be made semi-annually within thirty (30) days of the mid-point and the end of the enrollment period. Employees will be eligible to re-enroll during the year under special circumstances as outlined in the State Health Benefits Plan.
Married employees where both parties are employees or retirees of the TOWNSHIP of Lawrence shall be covered for health benefits by one policy. No duplicate coverage.
The TOWNSHIP agrees that in the event an employee is required to attend educational courses as a job requirement, the TOWNSHIP will reimburse said employee for amount required.
The TOWNSHIP agrees to reimburse any employee the fee for any license (except driver’s license), which is a requirement of the employment position.
The TOWNSHIP agrees that in the event an employee is required to attend educational or training courses for job related certification, the TOWNSHIP shall assume the costs of said courses. Requests for training shall be made in writing not less than two weeks in advance.
The TOWNSHIP agrees to provide compensatory time at one and one-half (1 ½) hours for each hour of attendance at training that is mandated and directly related for Emergency Medical Technician re-certification, and which courses are not available during normal working hours. Said compensation time shall be the course time plus reasonable travel time to and from.
All training is to be pre-approved by the TOWNSHIP. Approval of training shall be subject to available manpower.
If an employee has placed a deposit or made payment for a mandatory training course and said employee is unable to attend the said course due to work demands or job related injury, Lawrence Township will reimburse said employee for the full amount of the deposit or payment made with proof that the deposit or payment was forfeited for non-attendance.
Employees shall receive schooling and training which enhance their employment service and job responsibilities at no cost to the employee and according to the sole discretion of the employer.
Training and education related to the performance of duties shall be provided, at the sole discretion of the employer and at no cost to the employee.
1. The purpose of the procedure is to secure, at the lowest possible level, an equitable solution to
the problems which may arise affecting the terms and conditions of this Agreement.
2. 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 union.
3. Nothing herein shall be deemed to deny the employees of their statutory or other legal rights
concerning discipline. Nothing herein shall be deemed to deny employees their rights to pursue
any and other statutory or legal remedies in lieu of resorting to the grievance procedure.
The term “grievance” as used herein means any controversy arising over the interpretation, application or alleged violation of policies, procedures, contractual agreements, and administrative decisions affecting the terms and conditions of employment, and shall be raised by the Association on behalf of an individual or group of individuals.
C. Steps of the Grievance Procedure
In order to resolve grievances covered by this Agreement between the parties, this procedure shall be followed unless any step is waived by mutual consent:
An aggrieved employee or employees shall institute action under the provisions hereof within fifteen (15) calendar days of the occurrence of the event, giving rise to the grievance. Action is instituted by filing a grievance with the Association Grievance Committee. Failure to act within said fifteen (15) calendar days shall be deemed to constitute an abandonment of the grievance. Within fifteen (15) calendar days after the grievance has been filed and before an effort is made to settle the matter, the Association Grievance Committee shall screen and study the grievance to determine whether the same has or lacks merit. Such processing of grievance shall take place without discrimination and irrespective of membership or affiliation with the Association. Upon finding of merit or non-merit, the Association Grievance Committee shall present written confirmation of such determination to the Employer designee with the request that the Employer Designee investigate and resolve same, if required. If the resolution of the grievance has not been reached within five (5) working days of the submission to the Employer designee, the grievance may proceed to Step Two.
1. In the event a satisfactory settlement has not been reached at Step One, the Association may within ten (10) calendar days of the employer designee’s decision, file the written grievance with the Municipal Manager. This presentation shall include copies of all previous correspondence relating to the matter in dispute.
2. The Municipal Manager shall review the decision of the Designee and, within ten (10) calendar days from receipt of the grievance, make a written determination.
1. In the event the grievance has not been resolved in Step Two, the Association may, within thirty (30) calendar days of the Municipal Manager decision, request arbitration. The arbitrator shall be chosen in accordance with the rules of Public Employment Relations Commission (P.E.R.C.).
2. However, no arbitration hearing shall be scheduled sooner than thirty (30) calendar days after the final decision by the Municipal Manager. In the event that the aggrieved elects to pursue other remedies, the arbitration hearing shall be canceled and the matter withdrawn from arbitration. The Association shall pay whatever costs it may incurred in processing the case to arbitration.
1. The arbitrator shall be bound by the provisions of this Agreement and restricted to the application of the facts presented to them involved in the grievance. In formulating their decision, the arbitrator shall adhere to the statutory and case law of New Jersey and the United States where applicable. The arbitrator shall not have the authority to add to, modify, subtract from or 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.
2. The costs for the services of the arbitrator shall be borne equally by the Township and the Association. Any other expenses incurred; including but not limited to the presentation of witnesses shall be paid by the party incurring the same.
3. The arbitrator shall set forth his findings of fact and reasons for making the award within thirty (30) calendar days after the conclusion of the arbitrator hearing unless agreed to otherwise by the parties.
E. Group Grievances
Group grievances, which shall be defined as those affecting “substantially”, all of the members of the Association, shall be filed by the Association, and the Association only, at Step Two.
F. Time Limits
The time limits expressed herein shall be strictly adhered to. If any grievance has not been initiated within the time limits specified, the grievance shall be deemed to be conclusive. If any grievance procedure is not processed to the next succeeding Step in the grievance procedure within the time limits prescribed thereunder, then the disposition of the grievance at the last Step shall be deemed conclusive. Nothing herein shall prevent the parties from mutually agreeing to extend or shorten the time limits for processing the grievance at any Step in the grievance procedure.
STRIKES AND OTHER JOB ACTION
The employees recognize and acknowledge the existing state of the law in the state of New Jersey relating to the rights of public employees to strike or to take any other concerted action designed to illegally obstruct or disable the proper functions of the TOWNSHIP OF LAWRENCE, and employees agree to be bound by all such laws, as they now exist, or as they may be modified or amended, from time to time.
The Employer retains and may exercise all rights, powers, duties, authority and responsibilities conferred upon and vested in it by the laws and Constitution of the State of New Jersey. Except as specifically abridged, limited or modified by the terms of this Agreement between the Employer and the Union, all such rights, powers, authority, prerogatives of management and responsibilities to promulgate and enforce reasonable and necessary rules and regulations governing the conduct and the activities of the employees are exclusively retained by the Employer.
SEPARABILITY AND SAVINGS
If any provision of this agreement or any application of this Agreement to any employee or group of employees is held to be contrary to law, then such provision or application shall not be deemed valid, except to the extent permitted by law, and that all other provisions or applications of this Agreement shall continue in full force and effect for the duration of this Agreement. The provisions of this Agreement shall be subject to and subordinate to and shall not annul or modify existing provisions of State and local law.
1. In regard to personal leave, the following regulations apply:
a) All full time employees covered by this Agreement shall be eligible for
twenty-four (24) hours personal leave, with pay, for personal matters concerning the
employees as delineated below.
b) Personal days are for the purposes of conducting personal affairs of a non-recreational
nature or professional affairs, which cannot be carried out after scheduled work hours.
2. Personal leave shall not be accumulative from year to year. All employees shall be
compensated for unused personal days at straight time pay, calculated on the calendar year
ending December 31st. Any employee who has either utilized or had excess sick or excess vacation hours charged beyond their available Personal Leave hours shall have their pay docked for the amount of excess hours used or charged.
3. Any employee who dies, retires or is laid off shall be entitled to payment for all unused
personal days on a pro-rated basis dependent upon the employee’s regular salary at the time
of death, retirement or lay-off and the number of months of the employee’s employment during
the calendar year in question.
1) Damage to an employee’s uniform, clothing or other personal possessions; incurred in
the line of duty shall be compensated by the TOWNSHIP.
2) Uniform clothing and personal items damaged while in the performance of duty shall be
replaced on an item for item basis at current replacement costs.
Employees shall be reimbursed at the prevailing rate per mile when using their personal automobile when so ordered and required by the employer, and shall be reimbursed for all non-vehicular expenses in connection with their official duties. Any such expenses must be appropriately documented as a condition of reimbursement.
A standing safety committee shall be formed with representatives from Firefighters Mutual Benevolent Association and the TOWNSHIP administration to confer as needed to discuss modifications of rules and regulations, maintaining safety and equipment and working conditions. Members of the UNION may make recommendations with regard to the aforementioned areas prior to formal adoption. Any changes effectuated by said committee shall be made known the UNION as soon as practical.
SURVIVOR’S BENEFIT CLAUSE
In the event of the death of an emergency services employee, whether on or off-duty, his survivors will be paid for the employee’s vacation days, personal days, compensatory time, salary and severance pay, etc. on a pro-rated basis. All the above shall be paid to the employee’s survivor(s) within (30) thirty days, but in no event later than sixty (60) days from the date of death of said employee.
LEAVES OF ABSENCE
Any full-time employee covered by this Agreement, who is a member of the National Guard or reserve components in the military or Naval Service of the United States, and is required to perform active duty for training periods shall be granted a leave of absence with-out pay for the periods of such training. When an employee, not on probation, has been called to active duty or drafted into the military or naval service of the United States, he shall automatically be granted an indefinite leave of absence without pay for the duration of such active military service. However, in order for that employee to be reinstated without loss of privileges or seniority, he must, report for duty with the Township within sixty (60) days following his honorable discharge from the military service or return from active duty.
Seniority is defined as an employee’s continuous length of service with the TOWNSHIP beginning with his date of hire as a full-time regular employee.
Employees who are laid off and are recalled at a later date, subject to the provisions of above, shall retain all seniority accumulated prior to the time that the lay off occurred.
In all applications of seniority, where ability to perform work and physical fitness are equal, seniority shall be given preference in promotions, demotions, layoffs, recall and vacation schedules, in accordance with the rules and regulations governing such matters as promulgated by Civil Service and applicable to municipalities (N.J.A.C. 4A:8-2.4).
The TOWNSHIP shall maintain an accurate, up to date seniority roster showing each employee’s date of hire, classification, and pay rate and shall furnish copies of the same to the UNION upon reasonable request.
The TOWNSHIP shall promptly advise the UNION President of any changes, which necessitate amendments to the seniority list.
ACCESS TO PERSONNEL FILES
An employee covered by this Agreement shall have the right to inspect and obtain copies of documentation from his personal history file maintained at Township Hall at any reasonable time after five (5) working days written notice to the custodian thereof. Whenever, derogatory material is placed in the employee’s personal history file, the Township agrees to notify the employee in writing of that action. The contents of the employee’s personal history file shall not be made public unless required in disciplinary proceedings or by court order or subpoena process in a judicial proceeding. An employee covered by this Agreement shall be allowed to place in such a file a response to anything contained therein.
All employees will be granted time off with pay for jury duty.
DURATION, TERM AND RENEWAL
THIS AGREEMENT shall be effective and shall remain in full force and effect through December 31, 2009. It shall automatically be renewed from year to year, unless either party shall notify the either, in writing, before one hundred twenty (120) calendar days prior to the termination date that it desires to modify this Agreement. In the event such notice is given, negotiations shall begin no later than ninety (90) calendar days prior to the termination date. This Agreement shall remain full force and effect during the period of negotiations.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals.
Township of Lawrence FMBA Local 396
By: _____________________________ By: ___________________________
Richard S. Krawczun, Township Manager Christina Vincent, President
Witness: _________________________ Witness: _______________________
Witness:_________________________ By: _____________________________
Paul Palmobi, FMBA Rep
GLE rev 03.02.09
H:\Manager\Union Matters\UNION\E.M.S\Contract 2006 - 2009.doc