AGREEMENT
THE COUNTY OF PASSAIC AND
THE SHERIFF OF THE COUNTY OF PASSAIC
AND
PASSAIC COUNTY SHERIFF'S PROFESSIONAL ASSOCIATION
2001, 2002, 2003, 2004, 2005, 2006
GENOVA BURNS& VERNOIA
354 Eisenhower Parkway, Plaza II
Livingston, New Jersey 07039
(973) 533-0777
County Labor Counsel
INDEX
PAGE
Preamble .........................................................................................................................................1
Management Rights .........................................................................................................................2
Recognition .....................................................................................................................................3
Personal Leave ................................................................................................................................4
Bereavement Leave..........................................................................................................................5
Sick Leave.......................................................................................................................................6
Holidays ..........................................................................................................................................7
Vacations.........................................................................................................................................8
Health & Insurance Benefits ............................................................................................................9
Legal Defense of Association Members ........................................................................................10
Work Schedule, Overtime and Compensatory Time .....................................................................11
Uniform Allowance, College Credits.............................................................................................13
Non Discrimination.......................................................................................................................14
Fully Bargained Provisions ............................................................................................................15
Separation of Employment.............................................................................................................16
Grievance Procedure ......................................................................................................................17
Existing Policies ............................................................................................................................19
Salaries..........................................................................................................................................20
Savings Clause ...............................................................................................................................22
Retention of Existing Benefits .......................................................................................................23
Work Incurred Injury .....................................................................................................................24
Personnel Files ...............................................................................................................................25
Investigation of Professional Association Employee.....................................................................26
Association Rights .........................................................................................................................27
Retroactive Payment ......................................................................................................................28
Term and Renewal .........................................................................................................................29
1
THIS AGREEMENT entered into this day of August, 2003 by and between the
COUNTY OF PASSAIC AND SHERIFF OF THE COUNTY OF PASSAIC (hereinafter the
"Employer") and the PASSAIC COUNTY SHERIFF'S PROFESSIONAL ASSOCIATION
(hereinafter the "Association").
PREAMBLE
Both parties recognize that the paramount purpose of this Agreement is to maintain the
high standards of excellence, morale and performance now in existence in the Passaic County
Sheriff's Office.
Other purposes of this Agreement are:
a) The promotion of harmonious relations between the Employer and its employees;
b) The establishment of an equitable and peaceful procedure for the resolution of
differences;
c) The establishment of fair rates of pay, hours of work and other conditions of
employment satisfactory to both parties; and
d) The prevention of the interruption of the efficient and effective operation of the
Employer, which operation is essential to the well being of the citizens of Passaic County.
2
ARTICLE I - MANAGEMENT RIGHTS
The public Employer retains the right in accordance with applicable laws and procedures
to:
a) Direct employees;
b) Hire, promote, transfer, assign and retain employees in positions within the
agency, and to suspend, demote, discharge or take other disciplinary action against employees;
c) Relieve employees from duties because of lack of work or for other legitimate
reasons;
d) Maintain the efficiency of the government operations entrusted to the Employer;
e) Determine the methods, means and personnel by which such operations are to be
conducted; and
f) Take whatever action may be necessary to carry out the responsibilities of the
Employer in situations of emergency.
3
ARTICLE II - RECOGNITION
The Employer recognizes the Association, via its duly appointed representative(s), as the
sole and exclusive authorized bargaining representative for all non-law enforcement personnel
employed directly by the Passaic County Sheriff’s Department.
4
ARTICLE III - PERSONAL LEAVE
A. Every employee covered by this Agreement shall be permitted a maximum of
three (3) personal leave days per year with pay. Personal days shall be paid at the employee's
regular straight time rate.
B. The employee may take personal leave days in half-day increments.
C. The employee shall provide three (3) days in advance notice of such leave except
in the event of personal emergency. Approval of such leave requests shall not be unreasonably
refused.
D. All personal leave days left unused at the end of the calendar year resulting from
the Employer’s denial of the same shall, at the discretion of the Employer, either be carried over
to the next calendar year or compensated at the employee’s regular straight time rate.
E. Except as provided herein, personal leave days shall not be cumulative.
5
ARTICLE IV - BEREAVEMENT LEAVE
A. Every employee covered by this Agreement shall be allowed four (4) days off with
pay, at the employee's straight time pay, for death in the immediate family. The immediate
family for the purpose of this paragraph is defined as spouse, children (including step, foster and
adopted children), mother and father.
B. Every employee covered by this Agreement shall be allowed three (3) days off
with pay, at the employee's straight time pay, for the death of the employee's step-parents,
grandparents, grandson and granddaughter, brother, sister, mother-in-law, father-in-law, brotherin-
law, sister-in-law, son-in-law, daughter-in-law or a member of the immediate household of the
employee
C. The employee reserves the right to seek approval for leave as set forth in B. above
in those circumstances whereby a non-listed family member or other individual(s) acted in the
capacity of the employee’s parent. Discretion as to whether said employee is entitled to said
leave is in the sole discretion of the Employer.
6
ARTICLE V - SICK LEAVE
A. Every employee covered by this Agreement shall earn payment for absence due to
illness at the rate of fifteen (15) days per year, which shall accumulate at the rate of 1.25 days per
month. Payment for absence due to illness shall be at the employee's regular straight time rate.
B. Unused sick days shall be cumulative from year to year.
C. After an employee has used either: (i) ten (10) or more sick days in any calendar
year; or (ii) five (5) continuous sick days, the Employer shall have the right to demand that the
employee furnish a note from a doctor that said employee was in fact ill each time the Employee
calls out sick thereafter. Additionally, an employee identified as having patterned or excessive
absenteeism will be subject to a restrictive call policy as issued by the Sheriff or his designee.
D. For each three-month period that an employee does not use sick time, one
additional compensation day will be awarded as an incentive for perfect attendance. If an
employee has one year of perfect attendance, and accumulates four (4) such days, said employee
may choose to return those four (4) days to the employer in exchange for a lump sum payment at
the employee's straight rate of pay to be paid in January of the year following the year of perfect
attendance.
E. Upon retirement, an employee shall be entitled to the cash equivalent, at the
employee's then straight time rate of pay, of the fifty percent of the employee's total remaining
and accrued sick time, up to a maximum of $15,000. Said monies are to be paid to the employee
in a lump sum. No sick time accumulated in the sick time bank may be redistributed to any
employee for the purposes of retirement payout or terminal leave.
F. Newly hired employees shall earn sick leave at the rate of one (1) day for each
month of completed service during the remainder of the calendar year of their employment.
G. The Employer retains the right to send an employee to a department physician,
specializing in the field of illness for an evaluation at no cost to the employee. If the department
physician determines that the employee is fit for duty, the employee is to immediately return to
work.
H. If approved by the Commissioner of the Department of Personnel, the Sheriff’s
Office will establish a donated leave program in accordance with N.J.A.C. 4A: 6-1.22(g).
7
ARTICLE VI - HOLIDAYS
A. The following days are recognized paid holidays, except as modified herein:
New Year's Day
Martin Luther King's Birthday
Lincoln's Birthday
Washington's Birthday
Good Friday
Memorial Day
Independence Day
Labor Day
Columbus Day
Election Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving Day
1/2 day Christmas Eve
Christmas Day
1/2 day New Year's Eve
B. The Association recognizes the right of the Employer to require employees to
work on holidays.
C. If an employee is required to work on a holiday, the employee shall be
compensated for such work at two (2) times the employee’s regular rate for all hours worked, or
compensatory time at two (2) times the hours worked, whichever method the Employer in his
absolute discretion deems proper.
D. If a holiday falls within the vacation period of an employee, the employee shall
receive pay for same or extend the vacation period by one (1) day. If the employee is required to
forego such holiday falling within a vacation period, said employee shall have the right, upon
seven (7) calendar days notice to the Employer, to refuse the holiday pay and to take a work day
off.
E. If a legal holiday falls on an employee’s regular scheduled day off, the employee
shall receive an additional day’s regular pay.
8
ARTICLE VII - VACATIONS
A. All employees are entitled to vacation leave with pay. The amount of yearly
vacation leave is determined by the number of years an employee has been employed. Vacation
leave is to be apportioned as follows:
Completion of 1-5 years of service 12 working days each year
Completion of 6-10 years of service 15 working days each year
Completion of 11-15 years of service 18 working days each year
Completion of 16-20 years of service 20 working days each year
Completion of 20 years and over 22 working days each year
B. Vacation leave will be credited and available for use on January lst of each year.
Vacation requests are to be submitted by January 15th each year and will be granted on the basis
of seniority. If an employee requests time off on a holiday, which is granted, no additional time
off will be granted.
C. Probationary employees may not utilize vacation time during their probationary
period, but at the end of the probationary period the employees shall be entitled to one accrued
vacation day for every month worked during the probationary period, provided the employee is
not terminated either during or at the end of the probationary period. Employees so terminated
are not entitled to vacation leave, nor to compensation for same.
D. After probation and during the first year of service up to December 31st,
employees accrue one day for each month of service. As of January lst, all employees are
credited for the appropriate number of days in advance for the coming year.
E. An employee who becomes ill during his vacation will not be charged vacation
leave, but rather sick leave for the period of illness, provided the employee furnishes satisfactory
proof, such as a doctor's certificate of the illness to the Employer upon return to work.
F. An employee may carry over into the next calendar year one year's worth of
vacation upon written request to the Sheriff or his designee. An employee with in excess of one
year accrued vacation time may request of the Sheriff or his designee, the right to carry over into
the next calendar year all unused vacation days. Approval of such requests shall not be
unreasonably denied.
G. The employees hereby agree that conflicting and/or overlapping vacation requests
will be prioritized based upon seniority.
9
ARTICLE VIII - HEALTH AND INSURANCE BENEFITS
A. Except as provided herein, all health insurance, dental insurance, life insurance,
disability insurance and the Prescription Drug Plan shall remain in effect as in effect as of the
date of this Agreement.
B. As of January 1, 2001, any employee who has retired and any employee who
subsequently retires shall be entitled to continue participation in the Prescription Drug Plan.
Retirement shall mean twenty-five (25) years of service in the P.E.R.S. Retirement System.
C. In the event that the County changes its present insurance carriers and/or
insurance plans, the new coverage for any and all health and insurance benefits shall be equal to
the benefits and coverage levels presently in effect.
D. In the event the Employer desires to change its present insurance carriers and
insurance plans, health care providers and/or prescription plan providers, or enter into a program
of self-insurance regarding coverage for any existing benefits, the Association agrees to re-open
negotiations solely as to that issue which would include changes in deductibles and co-pays.
E. In the event an employee is laid off (not resigned, terminated or retired), the
hospitalization and prescription insurance benefits shall continue for a period of ninety (90)
calendar days.
F. In the event of an employee’s death, the hospitalization and prescription insurance
benefits shall continue for a period of ninety (90) calendar days.
10
ARTICLE IX - LEGAL DEFENSE OF ASSOCIATION MEMBERS
A. The County shall be responsible for all judgments, attorney fees and costs,
whether criminal or civil in nature which directly or indirectly arise out of or in the course of
employment of any employee covered by this Agreement.
B. The County represents that it maintains appropriate and sufficient insurance to
cover any and all damages resulting from judgments rendered in civil action brought against an
employee for any unintentional act or omission arising out of and in the course of the employee's
performance of duties.
C. The counsel fees for employees, in connection with civil litigation or criminal
charges arising within the scope of their employment, shall be no more than:
Non-indictable criminal offenses $120.00 per hour
Defense in civil matters $120.00 per hour
Defense in criminal matters $120.00 per hour
Plus the following disbursements:
1) required transcripts as approved by the County Counsel
2) required expert fees as approved by the County Counsel
3) court cost and fees as approved by the County Counsel
Prior to authorizing any attorney to represent an employee hereunder, the County of
Passaic will require the prior written approval of the Passaic County Counsel to such
representation and an agreement that said attorney agree in writing to abide by the above fee
schedule. In the event that the attorney chosen by the employee is unwilling to abide by the
above fee schedule and approval requirements, the employee, and not the County, will be
personally responsible for the attorney’s fee and disbursements in excess of the fee schedule.
11
ARTICLE X - WORK SCHEDULE. OVERTIME AND COMPENSATORY TIME
5 & 2 Employees
A. The standard workweek shall consist of five (5) consecutive days, Monday
through Friday, with two (2) consecutive days off, Saturday and Sunday.
B. The standard workweek shall be forty (40) hours. Each employee shall be entitled
to a paid, one (1) hour lunch period to be taken in an area designated by the supervisor.
C. The hours of work shall be divided into three separate shifts as follows: 7:00 a. m.
to 3:00 p. m., from 3:00 p. m. to 11:00 p. m. and from 11:00 p. m. to 7:00 a. m. The hours of
work for office staff shall be from 8:00 a.m. to 4:00 p.m. The hours of work for Employees
listed on Schedule A shall be granfathered.
4 & 2 Employees
A. All employees covered by this Agreement, employed in the continuous operation
of the Passaic County Sheriff's Department, shall have a workweek inclusive of weekends,
consisting of four (4) consecutive days on and two (2) consecutive days off.
B. The hours of work shall be divided into three separate shifts as follows: 7:00 a. m.
to 3:00 p. m., from 3:00 p. m. to 11:00 p. m. and from 11:00 p. m. to 7:00 a. m. Each employee
shall be entitled to a paid, thirty (30) minute lunch period to be taken in an area designated by the
supervisor.
C. Employees working on the 3:00 p.m. and 11:00 p.m., or 11:00 p.m. and 7:00 a.m.
shifts, shall receive in addition to their regular pay, an additional ten (10) percent of their base
salary, which shall be incorporated in their based pay. This ten (10) percent night differential
shall be divided equally into the number of pay periods in each year and said amount,
incorporated in the base salary, shall be paid each regular pay. Said amount shall also be paid
when on vacation, personal leave and sick leave.
All Employees
A. Lunch periods assigned to employees shall be duty free, and with the exception of
an emergency. Any employee who shall be requested to work during the employee's lunch
period shall be afforded a duty-free lunch period during the respective work shift in that same
workday. Effective upon ratification of this Agreement, there is a $5.00 per week offset for
meals provided by the Employer should the employee opt for such meals. Such offset shall be
made through payroll deductions.
B. An employee required to work longer than the normal workday shall be paid at the
employee's regular hourly-rate, except that all hours in excess of forty (40) work-hours during
12
that particular workweek (Monday through Friday) shall be at the rate of one and one-half times
the regular hourly rate.
C. Payment for overtime work shall be in the form of cash or compensatory time off
at the employees discretion. Said election must be made in writing.
D. In the event that an employee is called in to work on a regularly scheduled off day,
said employee will be paid for a minimum of two (2) hours pay at one and a half times their
regular rate of pay.
E. If an employee is more than thirty (30) minutes late in reporting to work without
good cause, the Sheriff or his designee may send the employee home for the balance of that
working day, in which event such employee shall not receive pay for that day.
F. Employer has the right to place an employee on staggering starts and finishes.
G. All personnel, as a condition of employment, must be available to work any and
all shifts as needed to maintain the effective operation of the Sheriff’s Department.
H. Whenever an employee is required to appear in court for a job-related incident at a
time other than his/her regular duty hours, he/she shall receive compensation time at the rate of
time and one-half for the time spent in court.
I. Accumulated comp days shall be scheduled with an employee’s vacation request.
An employee who becomes ill on comp time shall be charged sick time. The employer may
demand a doctor’s certification of the illness. Unused comp time shall be cumulative from year
to year subject to the limits established herein. In the event an employee accumulates more than
480 hours, he/she may sell back to the County up to 250 hours during the first week of December
of that year subject to the approval of the Sheriff. It shall be duly noted that at no time shall an
employee carry over more than 480 hours accumulated comp time without the prior written
permission of the Sheriff.
13
ARTICLE XI - UNIFORM ALLOWANCE, COLLEGE CREDITS
UNIFORM ALLOWANCE
Uniform allowance is for the purpose of purchasing and maintaining uniforms, when
required by the Employer. Uniform allowance shall be considered to have been incorporated into
the base pay. The Association and employees agree that the uniform allowance provided in this
Agreement covers any and all claims for compensation in connection with the purchase, care,
maintenance, alteration, repair, replacement, cleaning, dry cleaning and/or rental of his/her
uniform.
COLLEGE CREDITS
A. Tuition for the continuing education of the Association members will be paid at a
rate of $20.00 per credit, at the discretion of the Sheriff and only if the Sheriff deems that the
education is required as a condition of employment and the employee receives a passing grade.
Any employee who has or obtains an advanced degree will be paid an extra yearly
amount as follows:
Associate Degree $500
Bachelor's Degree $1,500
Master's Degree $3,000
14
ARTICLE XII - NON DISCRIMINATION
The Employer and the Association agree that the provisions of this Agreement shall be
applied equally to all employees, and the parties agree to comply with all State and federal
discrimination laws.
15
ARTICLE XIII - FULLY BARGAINED PROVISIONS
This Agreement shall not be modified in whole or in part by the parties except by an
instrument in writing only, executed by both parties.
16
ARTICLE XIV - SEPARATION OF EMPLOYMENT
A. Upon discharge, the employee will receive no later than the next pay period all
monies to which the employee is entitled.
B. Upon resignation, the employee will receive not later than the next pay period all
monies to which the employee is entitled, provided that the employee has notified the Employer
at least two (2) weeks prior to such resignation.
17
ARTICLE XV - GRIEVANCE PROCEDURE
A. For purpose of this Agreement, the term “grievance” means any complaint,
difference or dispute between the Employer and any employee with respect to the interpretation,
application or violation of any of the provisions of this Agreement or any applicable rule or
regulation or policies, agreements or administrative decisions affecting any employees) covered
by this Agreement which govern terms and conditions of employment.
B. Step 1: In the event that the employee, pursuant to their verbal complaint to their
direct supervisor/tour commander, is not given a response or finds the response to be inadequate,
the employee shall within ten (10) working days of its occurrence the matter reduce to writing on
an approved grievance form and submitted to the Employee’s direct supervisor/tour commander.
The Supervisor shall respond in writing no later than ten (10) working days from receipt of the
written grievance.
Step 2: In the event the grievance is not resolved at Step 1, then the matter may be
appealed within ten (10) working days in writing to the Chief/Warden. The ten (10) working day
period for appeal to the Chief/Warden shall run either from the date of receipt of the Employee's
direct supervisor's/tour commander's written response or upon the completion date of Step 1
where there is no response. The Chief/Warden shall have ten (10) working days in which to
respond.
Step 3: In the event the grievance is not resolved at Step 2, then the matter may be
appealed within ten (10) working days in writing to the Sheriff. The ten (10) working day period
for appeal to the Sheriff or his designee shall run either from the date of receipt of the
Chief/Warden's written response or upon the completion date of Step 2 where there is no
response. The Sheriff shall have ten (10) working days in which to respond.
Step 4: In the event the grievance is not resolved at Step 3, then the Association
and only the Association may submit the matter within ten (10) working days to arbitration in
accordance with the procedures of the New Jersey Public Relations Commission. The written
request for arbitration by the Association must be filed with the Public Employment Relations
Commission and a copy served upon the Sheriff’s response at Step 3.
C. No response at any step within the time allotted shall be deemed to be a denial of
the grievance at that Step.
D. Written disposition of all grievances shall be forwarded to the Association.
E. In the event of arbitration, the costs of the arbitrator’s services shall be shared
equally by the parties except that late cancellation fees shall be the sole responsibility of the party
requesting the postponement.
18
F. Time limits shall be strictly adhered to and a grievance not raised or processed
within the time allotted shall be deemed to be abandoned.
G. Documents, communications or records dealing with a grievance, except
disciplinary matters, shall not be filed in any employee's personnel file.
H. Meetings and hearings pursuant to this procedure shall not be conducted in public
and shall only be attended by the parties in interest and authorized representatives.
I. Nothing in this Agreement or grievance procedure shall affect or apply to the right
of the Employer to discipline or discharge employees nor deprive any employee of their rights in
such cases pursuant to civil service rules and regulations or otherwise.
19
ARTICLE XVI - EXISTING POLICIES
A. The provisions of any valid and existing Board of Chosen Freeholder Ordinances
or Resolutions validly providing employment benefits with regard to matters covered by this
Agreement shall remain in effect unless this Agreement provides for some other benefit.
B. In the event the Board of Chosen Freeholders negotiate an improvement or
reduction in any wage or fringe benefit on a county-wide basis, then the employees in this
bargaining unit and/or the Employer shall have the right to request immediate negotiations as to
each issue only, any other provisions of this Agreement to the contrary notwithstanding.
C. The Sheriff agrees that all benefits, terms and conditions of employment relating
to the status of Passaic County Sheriff's Department, which benefits, terms and conditions of
employment are not specifically set forth in this Agreement, shall be maintained at not less than
highest standards in effect at the time of the commencement of collective bargaining negotiations
between the parties leading to the execution of this Agreement.
D. Unless a contrary intent is expressed in this Agreement, all existing benefits,
rights, duties, obligations and conditions of employment applicable to any employee covered by
this Agreement pursuant to any rules, regulations, instructions, directive, memorandum, statute
or otherwise shall not be limited, restricted, impaired, removed or abolished.
20
ARTICLE XVII - SALARIES
A. As of January 1, 2001 salaries shall be as per the Salary Guide for Employees of
the Sheriff's Professional Association annexed hereto as Appendix A. Employees will be placed
on the step closest to their current salary that does not cause a pay decrease at the time of
implementation. All clothing allowances have been incorporated into the base pay. It is agreed
that all uniformed employee will maintain their uniforms utilizing that portion of the base pay
formerly considered “uniform allowance.”
B. Effective January 1, 2001, the attached Salary Guide is established with equal
increments between steps of the same level. Entry titles will have ten steps while promotional
titles will have five steps.
C. Effective and retroactive to January 1, 2001, there shall be a two and one-quarter
percent (2.25%) cost of living adjustment.
D. Effective and retroactive to January 1, 2002, there shall be a two and one-quarter
percent (2.25%) cost of living adjustment.
E. Effective and retroactive to January 1, 2003, there shall be a two and one-half
percent (2.5%) cost of living adjustment.
F. Effective January 1, 2004, there shall be a two and one-half percent (2.5%) cost of
living adjustment.
G. Effective January 1, 2005, there shall be three percent (3.0%) cost of living
adjustment.
H. Effective January 1, 2006, there shall be three and one-quarter percent (3.25%)
cost of living adjustment.
I. Increments pursuant to the attached Salary Guide shall be paid when due to all
eligible employees according to the employee's anniversary date.
J. Longevity shall continue to be determined by length of employment with the
County of Passaic as follows:
2% of base pay at the beginning of 7 years.
4% of base pay at the beginning of 10 years.
6% of base pay at the beginning of 15 years.
8 % of base pay at the beginning of 20 years.
10% of base pay at the beginning of 25 years.
21
J. All employees whose anniversary date falls between January 1st and June 30th
shall receive the increment which they would have been entitled on the employees’ anniversary
date, retroactive to January 1st of the contract year.
K. All employees whose anniversary date falls between July 1st and December 31st
shall receive the increment to which they would have been entitled on the employee’s
anniversary date, retroactive to July 1st of the contract year.
L. An employee who is called for jury duty shall be paid the difference between the
jury duty fee and eight (8) hours straight time pay for the scheduled time lost. Full wages will be
paid upon surrender of such amount received as jury duty pay. The employee shall notify the
Employer immediately upon receipt of jury duty notice.
M. The County shall reimburse employees at the published IRS rate for the use of
personal vehicles for County business, when required to do so by the employer.
22
ARTICLE XVIII - SAVINGS CLAUSE
Should any part of this Agreement or any provisions contained herein be declared invalid
by operation of law or by any tribunal of competent jurisdiction, such invalidation of such part or
provision shall not invalidate the remaining portions hereof and they shall remain in full force
and effect.
23
ARTICLE XIX - RETENTION OF EXISTING BENEFITS
A. Except as otherwise provided herein, all benefits which Union members have
heretofore enjoyed and are presently enjoying shall be maintained and continued by the County
during the term of this Agreement. The personnel policies and personnel regulations currently in
effect shall continue to be applicable to all union members except as otherwise expressly
provided herein.
B. The County agrees that it shall not discriminate against any Union member with
respect to hours, wages, or any other terms of, or conditions of, employment by reason of his or
her membership in the Passaic County Sheriff’s Professional Association, Inc. or its affiliates,
collective negotiations with the County or his institution of any grievance, complaint or
proceeding under this Agreement or otherwise with respect to any terms or conditions of
employment.
24
ARTICLE XX-WORK INCURRED INJURY
A. The County of Passaic will provide 100% compensation for any employee
sustaining any work related injury for the first seven (7) days, and thereafter or the eighth (8th)
day will administer workers’ compensation benefits pursuant to N.J.S.A. 34:15-12. Employees
who are physically capable of returning to light duty will be assigned by the Sheriff or his
designee to light duty work.
B. The employee shall be required to present evidence by a certificate of a physician
that the employee is unable to work and, the Sheriff may reasonably require that said employee
present certificates every three months.
C. In the event the employee contends that he/she is entitled to a period of disability
beyond the period established by the treating physician, or a physician employed by the Sheriff or
by its insurance carrier, then, and in that event, the burden shall be upon the employee to
establish such additional period of disability by obtaining a judgment in the Division of Workers’
Compensation establishing such further period of disability and such findings by the Division of
Workers’ Compensation or, if there is an appeal therefrom, the final decision of the last
reviewing court, shall be binding upon the parties.
D. For the purpose of the Article, injury or illness incurred while the employee is
attending an Employer sanctioned training program shall be considered in the line of duty.
E. In the event a dispute arises as to whether an absence shall be computed or
designated as sick leave or as an injury on duty, the parties agree to be bound by the decision of
an appropriate Workers’ Compensation judgment, or, if there is an appeal therefrom, the final
decision of the last reviewing court.
F. An injury on duty requiring time off for treatment, recuperation or rehabilitation
shall not be construed a sick leave or a sick leave occasion under the terms of the sick leave
policy heretofore agreed upon between the parties.
G. In the event of disagreement concerning whether the injury is disabling or workrelated,
the matter may be submitted to an arbitration panel of three (3) physicians --- one of the
employee's choice, one of the Employer’s choice and a third selected by the two (2) physicians
appointed by the parties.
25
ARTICLE XXI - PERSONNEL FILES
A. A personnel file shall be established and maintained for each employee covered
by this Agreement. Such files are confidential records and shall be maintained in the Office of
the Sheriff and may be used for evaluation purposes.
B. Upon advance notice and at reasonable times, any member of the Sheriff’s Office
may at any time review his personnel file. However, this appointment for review must be made
through the Sheriff or his designated representative.
C. Whenever a written complaint concerning an employee or his actions is to be
placed in his personnel file, a copy shall be made available to the employee and the employee
shall be given the opportunity to rebut any material if the employee so desires, and the employee
shall be permitted to place said rebuttal in his file. (When the employee is given a copy of the
complaint, the identification of the complainant shall be excised.) However, if any disciplinary
action is taken based on any complaint, then the employee shall be furnished with all the details
of the complaint, including the identity of the complainant.
D. All personnel files will be carefully maintained and safeguarded permanently, and
nothing placed in any file shall be removed there from, unless such removal is agreed upon by
both the Employer and the employee. Unless so agreed, removal of any material from a
personnel file by any employee shall subject that employee to appropriate disciplinary action.
26
ARTICLE XXII - INVESTIGATION OF ASSOCIATION EMPLOYEES
In an effort to insure that departmental investigations are conducted in a manner that is
conducive to good order and discipline, all investigations will be conducted in accordance with
the Attorney General Guidelines and NJAC 4A.
27
ARTICLE XXIII - ASSOCIATION RIGHTS
A. The Association shall have the right to post within the workplace Association
related notices using their own stationery on available bulletin boards.
B. Any representative of the Association that is scheduled to participate in
negotiations or grievance procedures during work hours will suffer no loss in pay or benefits.
C. The Employer agrees to provide facilities for the Association to conduct meetings
during off-duty hours.
D. Whenever any representative of the Union is scheduled to participate in
negotiations, grievances, conventions or any Union business during work hours, she/he shall
suffer no loss of pay provided a written request is submitted for approval prior to the event.
E. The employer agrees to deduct the Union’s monthly membership dues from the
pay of those employees who have authorized such deductions in writing, pursuant to N.J.S.A.
52:15-15E. The amounts so deducted shall be remitted to the Union, together with a list of names
of its employees.
F. As of the effective date of this Agreement, any permanent employee in the
bargaining unit who does not join the Association within thirty (30) days of permanent
employment, and any permanent employee previously employed with the unit who does not join
within ten (10) days of reentry into employment with the unit shall, as a condition of
employment, pay a representation fee to the Association by automatic payroll deduction. The
representation fee shall be in an amount up to eighty-five (85%) percent of the regular
Association dues, fees and assessments as certified to the Employer by the Association. The
Association may revise its certification of the amount of representation fee at any time to reflect
changes in the regular Association membership dues, fees and assessments.
G. It is specifically agreed that the Employer assumes no obligations, financial or
otherwise, arising out of the provisions of this Article, and the Association hereby agrees it will
indemnify and hold the Employer harmless from any claims, actions or proceedings by an
employee arising from dues deductions made by the Employer hereunder. Once the funds are
remitted to the Association, disposition thereafter shall be the sole and exclusive obligation and
responsibility of the Association.
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ARTICLE XXIV - RETROACTIVE PAYMENT
In that the Association has been working without an Agreement since January 1, 2001,
the retroactive payment of salary increases, overtime pay, uniform allowances, holiday pay,
longevity, night differential, etc. shall be paid by the Employer via separate check upon
ratification of this Agreement by the Association and the County.
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ARTICLE XXV - TERM AND RENEWAL
A. This Agreement shall remain in effect until December 31, 2006 or until successor
agreement is reached. In the event such a successor agreement is not reached by December 31,
2006, both parties expressly intend and agree to continue to remain bound by the terms of this
Agreement in all respects during any interim period until a successor agreement is reached. This
means, inter alia, that during any such interim period, the Employer specifically agrees to
continue to:
1. Award all salary step increases an employee may be entitled to.
2. Award all incremental vacation increases an employee may be entitled to.
3. Provide health and related coverage for all employees.
4. Compensate employees for overtime work.
It is further specifically intended by the parties that this Article shall survive the
expiration of the underlying Agreement, shall be severable there from and shall continue in full
force and effect until a successor agreement is reached.
B. It is understood that this Agreement shall be binding upon the parties, their
successors and assigns, and that upon notice to either party pursuant to the regulations of the
Public Employment Relations Commission (PERC), either shall have the obligation to
commence negotiations for a successor agreement pursuant to the Rules of the New Jersey Public
Employment Relations Commission.
IN WITNESS WHEREOF, the parties hereto have caused these present to be
signed and attested to this day of August , 2003.
SHERIFF OF PASSAIC COUNTY COUNTY OF PASSAIC
BY: BY:
PASSAIC COUNTY SHERIFF'S PROFESSIONAL ASSOCIATION
BY:
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C:\Documents and Settings\cmeyers\My Documents\Civilian Contract 2001-2006.DOC |