Contract Between
Voorhees Tp Fire Dist 3-Camden
- and -
IAFF Loc 3249
* * *
01/01/2002 thru 12/31/2005


CategoryMunicipal
UnitFirefighters

Contract Text Below

VOORHEES FIRE DISTRICT
423 Cooper Road Voorhees, N.J
Phone: (856) 783-6630
Fax:(856)783-0190
Agreement Between
Board of Fire Commissioners Fire District #3
Voorhees Township, New Jersey
And
Camden County Uniformed Fire Fighters Association
International Association of Fire Fighters Local 3249
A.F.L. C.I.O.C.L.C.
January 1, 2002 through December 31, 2005
                  PREAMBLE
THIS AGREEMENT is entered into this day of , 2003 by and between the BOARD OF FIRE COMMISSIONERS, FIRE DISTRICT NO. 3, Township of Voorhees, in the County of Camden, New Jersey, a municipal body of the State of New Jersey, hereinafter called the "Board", and CAMDEN COUNTY UNIFORMED FIRE FIGHTERS ASSOCIATION, I.A.F.F. LOCAL NO. 3249, A.F.L. - C.I.O./C.L.C., hereinafter called the "Association", represents the complete and final understanding on all bargaining issues between the Board and the Association.
                  PURPOSE
THIS AGREEMENT is entered into between the Board and the Association, to promote and ensure harmonious relations, cooperation, and understanding between the Board and its Association represented employees; to provide for the resolution of legitimate grievances; all in order that the public service shall be expedited and effectuated in the best interests of the residents of Fire District No. 3, the Township of Voorhees, the Board and its employee.



                    TABLE OF CONTENTS

    ARTICLE



    I
    II
    III
    IV
    V
    VI
    VII
    VIII
    IX
    X
    XI
    XII
    XIII
    XIV
    XV
    XVI
    XVII
    XVIII
    XIV
    XX
    XXI
    XXII
    XXIII
    XXIV
    XXV
    XXVI
    XXVII
    XVIII
    XXIV
    XXX
    XXXI
    XXXIV
    XXXIII
    XXXIV
    XXXV
    XXXVI
    XXXVII
    DESCRIPTION PAGE

    Preamble
    Recognition 1
    Non-Discrimination 2
    Associations Rights and Responsibilities 3
    Management Rights and Responsibilities 6
    Grievance 8
    Maintenance Of Operation 12
    Dues, Deductions, and Agency Shop 13
    Employee Rights and Privileges 16
    Hours and Overtime 17
    Exchange of Hours of Duty 20
    Salaries 21
    Longevity 26
    Holidays 27
    Vacations 29
    Separation, Death, Retirement 31
    Sick Leave 32
    Injury Leave 34
    Bereavement Leave 36
    Military Leave 37
    Leave of Absence 38
    Pensions 39
    Job Descriptions and Duties 40
    Clothing Allowance 41
    Travel Expenses 42
    Hospitalization and Medical Benefits 43
    Communicable Diseases 44
    Safety Clause 45
    Promotions 46
    Bulletin Board 47
    Service Records 48
    Printing and Supplying Agreement 49
    Statutory and Legal Rights 50
    Separability and Savings 51
    Maintenance of Benefits 52
    Emergency Medical Services 53
    Fire Inspections 54
    Jury Duty 55








    ARTICLE

    XXXVIII
    XXXIV
    XXXX
    XXXXI
    XXXXII
    XXXXIII
    XXXXI V
    XXXXV
    Appendix A
    Appendix B

    Appendix C

      Table Of Contents
          CONTINUED
    DESCRIPTION PAGE

    Acting Out of Title 56
    Emergency Leave 57
    Fully Bargained Agreement 58
    Superseding Clause 59
    New Jersey State Disability Benefits 60
    Maternity Leave 61
    Labor Management Committee 62
    Duration, Term, Renewal 63
    Clothing Allowance 64
    Memorandum of Agreement regarding Fire
    Inspector Certifications 65
    Memorandum of Agreement regarding
    Temporary Light Duty 67



                        ARTICLE I RECOGNITION
    A. In accordance with the voluntary recognition pursuant to

    a "card check", the Board recognizes the Association as the

    exclusive collective negotiations agent for all paid full time

    employees engaged in fire suppression duties, .including Fire

    Fighters, Fire Captains and Battalion Chiefs. Also included within

    the above defined negotiating unit are those employees of the

    Board whose job titles currently are or may be clerical,

    maintenance, security or other co-designated classifications

    provided their job duties include fire suppression and/or fire

    prevention activities.

    B. Unless otherwise indicated, the terms "firefighter",

    "firefighters", "Fire Inspector" and "employee" or "employees",

    when used in this Agreement, refer to persons, male or female,

    represented by the Association in the above defined negotiating

    unit.

    C. This Agreement excludes the Fire Chief, managerial

    executives within the meaning of the New Jersey Public Employer-

    Employee Relations Act, N.J.S.A, 34:13A-1 et. Seq. (hereinafter

    "the Act"), and employees not engaged in fire fighting duties.




                      ARTICLE II NON-DISCRIMINATION
      A. The Board and the Association agree that there shall be

      no discrimination against any employee because of race, creed,

      color, religion, sex, national origin or political affiliation.

      B. The Board and the Association agree that all employees

      covered under this Agreement have the right without fear of

      penalty or reprisal to form, join, and assist any employee

      organization or to refrain from any such activity. There shall be

      no discrimination by the Board or the Association against any

      employee because of the employees' membership or non-membership or

      activity or non-activity in the Association.










                ARTICLE III ASSOCIATION RIGHTS AND RESPONSIBILITIES
        A. Officials representatives of the Association, pursuant to

        State Law, will be granted administrative leave with pay in

        accordance with the provisions of N.J.S.A. 40A: 14 177.

        B. Three (3) authorized Association Representatives shall be

        excused without loss of pay from their normal duties to

        participate in negotiations for the renewal of this Agreement or

        the executive of a new agreement for this District. Upon the

        request of the Association President, such representatives will

        also be reasonably excused without loss of pay to participate in

        other meetings related to collective bargaining. Such

        representatives shall attend negotiations, and other meeting

        sessions, if on duty, in the appropriate uniform and be available

        for duty in the event the need arises.

        C. Copies of disciplinary charges, or other notices relating

        to disciplinary action, shall be furnished to the Association upon

        written authorization to the Board by the employee within a

        reasonable period of time thereafter. The Board shall maintain a

        file of written refusals by the employees to authorize the Board

        to forward such documents to the Association. Copies of all

        disciplinary charges or notices relating to disciplinary action

        against any member or non-member shall be furnished to the

        President or Shop Steward of the Association within seventy-two

        (72) hours of the presentation of charges.

        D. The Association will be responsible for acquainting its

        members with the provisions of this Agreement, and shall be

        responsible insofar as possible for the adherence to the terms of

        this Agreement by such members, and the Association recognizes

        that the conditions set forth in this article shall be subject to

        the mission of the Board.


        E. Whenever an employee is to be questioned and (he) is being
        considered a "target" for possible disciplinary action, (^ shall
        have the right to request a representative of the Association be
        present at all stages of questioning. If an employee requests and
        is denied representation at any stage of the questioning, any
        statements made by the employee or "fruits" derived there from
        cannot be used against said employee to support disciplinary
        action.

        F. Authorized representatives of the Association, whose

        names shall be filed in writing with the Board, or their designee,

        shall be permitted to visit any fire facility within Voorhees

        Township for the purpose of processing or investigating

        grievances, provided that prior approval has been secured from the

        Fire Chief, or such other individuals designated by the Board in

        writing to perform such task, on condition that such prior

        approval shall not be unreasonably withheld. Only one (1)

        authorized Association representative shall be granted such

        permission. The Association representative shall not interfere

        with the normal conduct of work within the fire facility.

        G. In addition to the foregoing, one (1) representative

        delegate of the Association shall be granted administrative leave,

        once per annum, to attend a labor convention (State or

        International) for a period inclusive of the duration of the

        convention with a reasonable time allowed for travel. Request for

        administrative leave shall be given to the Fire Chief within

        thirty (30) calendar days prior to the effective date of such

        leave.

        H. In addition to the foregoing, if the State Delegate is elected from this bargaining unit, the Delegate will receive a maximum of nine (9) days annually without loss of pay to attend the monthly State meeting. In order to receive said leave, the Delegate must give the Fire Chief a minimum of two (2) weeks prior written notice and must be scheduled to work on the day and time of the State monthly meeting.


        I. Upon the request of the Association President, on duty employees shall be reasonably permitted to attend and participate in bargaining unit meetings without loss of pay when such bargaining unit meetings"are held at a location mutually agreed upon by the Association and the Board. All on duty employees shall attend and participate in the appropriate uniform and be available for duty in the event the need arises.

        J. In addition to the foregoing, union representatives will receive relief from duty with full pay for the purpose of attending to contract administration, grievance processing or other union business relating to the Voorhees Township Bargaining units on an as needed basis. The member requesting relief must make application to the Fire Chief or his designee as soon as reasonably possible. Such request will not be unreasonably denied.





        ARTICLE IV
                MANAGEMENT RIGHTS AND RESPONSIBILITIES



        A. The Board hereby retains and reserves unto itself, without limitation, all powers, rights, authority, duties and responsibilities conferred upon and vested in it by the laws and Constitution of the State of New Jersey and the United States, including, but not limiting, the generality of the foregoing, the following rights:
        1. To the executive management and administrative control of

        the District and its properties and facilities and the activities

        of its employees by utilizing personnel, methods and means of the

        most appropriate and efficient manner possible as may from time to

        time be determined by the Board.
        2. To make rules and procedure and conduct, to use improved

        methods and equipment, to determine work schedules and shifts, to

        decide the number of the employees needed for any particular time •

        and to be in sole charge of the quality and quantity of work

        required.

        3 . The right of management to make such reasonable rules and regulations as it may from time to time deem best for the purposes of maintaining order, safety and/or the effective operation of the Department after advance notice thereof to the employees is recognized.

        4. To hire all employees, to promote, transfer, assign or

        retain employees in positions with the District.

        5. To suspend, demote, discharge, or take any other

        appropriate disciplinary action against any employee for good, and

        just cause according to the law, and subject to the grievance

        procedure .
        6. To lay off employees in the event of lack of work or

        funds or other conditions where continuation of such work would be

        inefficient and non-productive, so long as such lack of work or

        funds is bona fide.

        B. Pursuant to the laws of the State of New Jersey and of the United States, the exercise of the foregoing powers, rights, authority, duties or responsibilities of the Board, the adoption of policies, rules, regulations and practices in the furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the terms of this Agreement, and then only to the extent such terms hereof are in conformance with the Constitution and laws of New Jersey and of the United States.










          ARTICLE V GRIEVANCE PROCEDURE
          A. Purpose
          1. The purpose of this procedure is to secure, at the

          lowest possible level, an equitable solution to the problems which

          may arise 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 District staff.
          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 other statutory or legal remedies in lieu of resorting
          to the grievance procedure.

          B. Definition

          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:


            Step One;

            An aggrieved employee or employees shall institute action under the provision 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 it has or lacks merit. Such processing of grievances 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 Fire Chief with request that the Fire Chief 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 Fire Chief, the grievance may proceed to Step Two.

            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 Fire Chiefs' or a designees1 decision, file his

            written grievance with the Board. This presentation shall include

            copies of all previous correspondence relating to the matter in

            dispute.
            2. The Board or its designee shall review the decision of the
            Fire Chief, and, within ten (10) calendar days from receipt of the
            grievance, make a written determination.

            Step Three;

            1. In the event the grievance has not been resolved in Step Two the Association may, within thirty (30) calendar days of the Boards' decision, request arbitration. The arbitrator shall be chosen in accordance with the rules of Public Employment Relations Commission (PERC).



            2. However no arbitration hearing shall be scheduled sooner than thirty (30) calendar days after the final decision by the Board. In the event that the aggrieved elects to pursue other remedies, the arbitration hearing shall be cancelled and the matter withdrawn from arbitration. The Association shall pay whatever costs it may incurred in processing the case to arbitration.


              D. 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 Board 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) days

            after the conclusion of the arbitrator hearing unless agreed to

            otherwise by the parties.


              E. Group Grievances
                    1. 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.
                                      10

              F. 1. 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.
              2. The time limits expressed herein shall be-strictly adhered to. If any grievance has not been initiated within the time limits specified, any rights and/or claims regarding the grievance shall be deemed to be waived by the Association, unless the Association and Fire District mutually agree to extend the time limitation for filing of the grievance.
              ~TT7" If any grievance is not processed to the next succeeding Step in the grievance procedure within the time limits prescribed there under, then the disposition of the grievance at the last Step shall be deemed conclusive.









              11

              ARTICLE VI

              MAINTENANCE OF OPERATIONS






              A. It is recognized that the need for continued and



              uninterrupted operation of the Board of Fire Commissioner's



              Departments and Agencies is of paramount importance to the



              citizens of the community, and that there should be no



              interference with such operations.

              B. Neither the Association nor any person acting on its

              behalf will cause, authorize, engage in, sanction, assist or

              support, nor will any of its members take part in, any strike

              (i.e., the concerted failure to report for duty, or stoppage of
              work, in whole or in part, from the full, faithful and proper performance of the employees' duties of employment), work stoppage, slowdown, sick out, walk out or other illegal job action against the Board.

              C. The Association agrees that it will do everything in its

              power to prevent its members from participating in any strike,

              work stoppage, slowdown or other activities aforementioned, or

              support any action by any other employee or group of employees of

              the Board.

              D. Nothing contained in this Agreement shall be construed to

              limit or restrict the Board in its right to seek and obtain such

              judicial relief as it may be entitled to have in law or equity for

              injunction or damages, or both, in the event of such breach by the

              Association or its members.

              E. The Fire Chief and all officers shall exercise their




              supervisory duties faithfully, irrespective of the fact that the




              employees are covered by this Agreement, and they shall be




              objective in their dealings with all personnel subordinate to




              them, irrespective of their affiliation with the Association.




                ARTICLE VII

                DUES, DEDUCTIONS, AND AGENCY SHOP






                A. The Board agrees to deduct from the salaries of its



                employees, subject to this Agreement, dues for the Association.



                Such deduction shall be made in compliance with Chapter 123,



                Public Laws of 1974, N.J.S.A. (R.S.) 52:14-15.9e, as amended.

                B. A check-off shall commence for each employee that signs a

                properly dated authorization card, supplied by the Association and

                verified by the Board Administrator during the month following the

                filing of such card with the Board.

                C. If during the life of this Agreement there shall be any

                change in the rate of membership dues, the Association shall

                furnish the Board written notice thirty (30) days prior to the

                effective date of such change and shall furnish the Board either

                new authorizations from its members showing the authorized

                deductions of each employee, or an official notification on the

                letterhead of the Association and signed by the President of the

                Association advising of such changed deduction.

                D. The Association will provide the necessary "check-off

                authorization" form and the Association will secure the signatures

                of its members on the forms and deliver the signed forms to the

                Board Administrator.

                E. Any such written authorization may only be withdrawn




                between the period of the 1st of April and the 30th of June by




                filing a withdrawal notice with the Board Administrator. The




                filing of notice of withdrawal shall be effective to halt




                deductions in accordance with N.J.S.A. 52:14-15.9e, as amended.








                13

                F. The Board agrees to deduct the fair share fee from the earnings of those employees who elect not to become a member of the Association and transmit the fee to the majority representative.
                1. The deduction shall commence for each employee who

                elects not to become a member of the Association during the month

                following written notice from the Association of the amount of the

                fair share assessment. A copy of the written notice of the amount

                of the fair share assessment must also be furnished to the New

                Jersey Public Employment Relations Commission.
                2. The fair share fee for services rendered by the

                Association shall be in the amount equal to the regular membership

                dues, initiation fees and assessments of the Association, less the

                costs of benefits financed through the dues and available only to

                the members of the Association, but in no event shall the fee

                exceed eighty-five (85%) percent of the regular membership dues,

                fees and assessments.
                3. The sum representing the fair share fee shall not

                reflect the costs of financial support of political causes or

                candidates, except to the extent that is necessary for the

                Association to engage in lobbying activity designed to foster its

                policy goals in collective negotiations and contract

                administration, and to secure for the employees it represents

                advances and wages, hours and other conditions of employment which

                ordinarily cannot be secured through collective negotiations with

                the Board.
                4. Prior to January 1st and July 31st of each year, the

                Association, if there is a change in the cost of membership, shall

                provide advance written notice to the Board and any non-member of

                such increase. Upon written request, any information necessary to

                compute or validate the fair share fee for services enumerated

                above will be forwarded to the Board or employee requesting same.
                5. The Association shall establish and maintain a procedure

                whereby any employee can challenge the assessment as computed by

                the Association, This appeal procedure shall in no way involve the

                Board or require the Board to take any action other than to hold

                the fee in escrow pending resolution of the appeal.

                                      14

                G. The Association shall indemnify, defend and save the Board harmless against any and all claims, demands, suits or other forms of liability that shall arise out of or by reason of action taken by the Board in reliance upon salary deduction authorization cards or the fair share assessment information as furnished by the Association to the Board, or in reliance upon the official notification on the letterhead of the Association and signed by the President of the Association, advising of such changed deduction.










                15

                                  ARTICLE VIII
                            EMPLOYEE RIGHTS AND PRIVILEGES




                A. Nothing contained herein shall be construed to deny or


                restrict any employee such rights as they may have under New


                Jersey laws or other applicable laws and regulations, The rights


                granted to employees hereunder shall be deemed to be in addition


                to those provided elsewhere.

                B. No employee shall be disciplined, reduced in rank or

                compensation without just cause. Any such action asserted by the

                Board or any agent or representative thereof shall not be made

                public and shall be subject to the grievance procedure herein set

                forth.

                C. Whenever an employee is required to appear before any

                Supervisor, Fire Chief, Board of Fire Commissioners or Board

                Representative concerning any matter which could adversely affect

                the continuation of that employee in their position, employment,

                or the salary or any increments pertaining thereto, then they

                shall be given prior written notice of the reasons of such meeting

                or interview and shall be entitled to have a representative of the

                Local present to advise them and represent them during such

                meeting or interview.

                D. Any employee whose action may give rise to charges by

                the Board or any agent or representative thereof, either

                discipline or criminal, shall be advised prior to any hearing or

                meeting with any agent or agents of the Board or Department. The

                affected employee shall be afforded all rights pursuant to

                U.S.S.C. decisions under Weingarten. No statement shall be given

                without first advising the affected employee of the matter or

                matters for which they are under investigation. The employee shall

                have full access to counsel in any hearing or internal

                investigation scheduled by the Board.

                E. 1. Proposed new rules or modifications of existing rules

                covering negotiable working conditions shall be negotiated with

                the Association before they are established.

                2. All written rules and regulations shall be provided to the employees immediately upon promulgation.

                                      16
                      ARTICLE IX HOURS, OVERTIME and COMPENSATORY TIME
                A. The normal work week will be forty-four (44) hours, Monday through Sunday, inclusive of a thirty (30) minute lunch break per day, with the normal work day understood as consisting of eleven (11) consecutive hours. The scheduled hours of work will vary from time to time to meet the needs of the District. Nothing in this Agreement shall be construed as providing a guaranteed work day or work week.
                B. Except in emergencies, the scheduled hours of work shall
                be posted at least seventy-two (72) hours in advance. (This
                provision shall not be construed to restrict the Districts' right
                to scheduled compensatory time.)
                C. There shall be a lunch break of thirty (30) minutes in
                duration per day. It is understood that the employee must remain
                on the firehouse premises during the lunch break, and can only
                leave the premises with the advance approval of their direct
                supervisor. These breaks are subject to the emergency requirements
                of the District.
                D. Overtime will be paid in accordance with the Fair Labor
                Standards Act requirements for public agencies engaged in fire
                protection.
                E. When an employee is recalled for duty, they shall be
                entitled to compensation at their overtime rate for all hours
                worked, with a minimum compensation of two (2) hours at their
                overtime rate, so long as the recall is not contiguous with their
                regularly scheduled shift.
                F. Whenever the District determines overtime is necessary,
                overtime will be offered in accordance with the following
                procedure:
                1. Career uniformed employees of equal rank will first
                be offered the opportunity for overtime.
                2. Career full time E.M.T.'s will be offered the
                opportunity for overtime second.
                3. Part time E.M.T.'s will be offered the opportunity
                for overtime third.

                G. Overtime will be distributed as equitably as possible in

                accordance with the above procedure.

                                    17

                'H/ Firefighters and Fire Officers working voluntary overtime and assigned BLS unit duty during regular E.M.T. Bargaining Unit work periods will be compensated at one and one half times the first year E.M.T. salary rate in effect.

                I. Firefighters and Fire Officers working mandatory overtime will be compensated at one and one half times their normal salary rate regardless of their assignment.



                J. Firefighters and Fire Officers will have first option to work overtime when the District determines coverage to be necessary during work periods that occur on the holidays listed in Article XIII, Paragraph A and bargaining unit employees would otherwise be scheduled to work.

                K. Employees working voluntary overtime as outlined in Paragraph J, and assigned BLS unit duty will be compensated at a rate of one and one half times their regular hourly rate. Employees working shall be subject to all regular duty assignments.

                L. Employees working mandatory overtime on a holiday outlined in Article XIII, Paragraph A will be compensated at a rate of one and one half times their normal salary rate plus compensatory time equal to that time worked, regardless of their duty assignment.

                M. 1. Except as provided for in paragraph M-5 of this article, a maximum of two (2) firefighters shall be permitted to be off on vacation, personal, holiday, compensatory or other scheduled leave at one time.

                2. Except as provided for in paragraph M-5 of this

                article, a maximum of one (1) fire officer shall be permitted to

                be off on vacation, personal, holiday, compensatory or other

                scheduled leave at one time.
                3. Except as provided for in paragraph M-5 of this

                article, a maximum of three (3) firefighters shall be permitted

                off on vacation, personal, holiday, compensatory or other

                scheduled leave at one time if no fire officer is scheduled to be

                on leave.

                                      18

                4. The above shall not be impacted in any way by other
                bargaining unit members temporarily assigned to training, union
                and/or other administrative leave or other temporary assignments
                so long as the minimum roll call established pursuant to the
                public employer's managerial prerogative is met
                5. Any bargaining unit member making application for

                vacation, personal, holiday, compensatory or other scheduled

                leave, over and above that in Paragraphs M-l through M-3, shall be

                conditionally approved, subject to roll call and the manpower

                needs of the fire district. Any bargaining unit member

                conditionally approved for leave must contact the on duty officer

                in charge at his/her work station between 0600 and 0615 hours on

                the conditionally approved day off in order to confirm approval of

                his/her leave.
                6. If roll call and manpower falls below that
                determined to be necessary by the fire district, any conditional approval of leave may be rescinded. Any bargaining unit member ordered to work as result of conditional leave being rescinded shall report to his/her duty station no later than 0700 hours. Leave time to cover the period of absence shall be charged to the members leave balance as appropriate.





                19
                                  ARTICLE X
                            EXCHANGE OF HOURS OF DUTY
                A. The request for exchange of hours of duty by an employee

                may be granted by the Fire Chief or his designee, at his

                discretion, provided such request has been made through channels

                and in conformance with the needs of the District. Such discretion

                shall not be unreasonably denied.

                B. In exercising the provisions of this Article, no fire

                fighter shall work more than two (2) shifts, and the provisions of

                Article IX shall not apply to the second shift unless the employee

                is ordered to work hours in excess of the first shift, in which

                case Article IX shall be applicable to those excess hours.

                C. Exchanges can be performed by any bargaining unit member

                employed by the Fire District holding the same certification(s).



                                        20

                  ARTICLE XI SALARIES

                  A. 1. Effective January 1, 2002, the salary for all firefighters hired prior to January 1, 1998 and not EMT certified shall be $60,381.



                  2. Effective January 1, 2002, the salary for all



                  firefighters hired prior to January 1, 1998 and holding both ah



                  EMT and Fire Inspector certification shall be $63,437.

                  3. Effective November 1, 2002, the salaries for all

                  firefighters hired after January 1, 1998 and holding both an EMT

                  and Fire Inspector certification will be as follows:


                  Classification Salary
                  New Hire
                        $32,900
                    Step 1
                        $34,900
                    Step 2
                        $40,248
                  Step 3$45,598
                  Step 4$50,943
                  Step 5$56,399
                  Step 6$59,918
                    Step 7
                        $63,437
                  4. Effective January 1, 2002 the salary for all Line Officers will be as follows:

                  Classification Salary
                  Captain $71,105
                  Battalion Chief $81,252














                  21


                  B. 1. Effective January 1, 2003, the salary for all firefighters, hired prior to January 1, 1998 and not EMT certified will be $62,796.

                  2. Effective January 1, 2003 the salary for all firefighters, hired prior to January 1, 1998, holding both an EMT and Fire Inspector certification shall be $65,974


                  3. Effective January 1, 2003, the salaries for all firefighters hired after January 1, 1998 and holding both an EMT and Inspector certification will be as follows:


                  Classification Salary
                  New Hire
                        $34,216
                    Step 1
                        $36,296
                    Step 2
                        $41,858
                  Step 3$47,422
                  Step 4$52,981
                  Step 5$58,655
                  Step 6$62,315
                    Step 7
                        $65,974
                  4. Effective January 1, 2003 the salaries for all Line Officers will be as follows:

                  Classification Salary
                  Captain $73,949
                  Battalion Chief $84,502













                  22





                  C. 1. Effective January 1, 2004 the salary for all firefighters, hired prior to January 1, 1998 and not EMT certified shall be $65,308.
                  2. Effective January 1, 2004 the salary for all firefighters,

                  hired prior to January 1, 1998, and holding an EMT and Fire

                  Inspector certification shall be $68,613.
                  3. Effective January 1, 2004, the salaries for all

                  firefighters hired after January 1, 1998 and holding both an EMT

                  and Fire Inspector certification will be as follows:


                  Classification Salary
                  New Hire Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
                        $35,585 $37,748 $43,532 $49,319
                        $55,100 $61,001 $64,808 $68,613
                  4. Effective January 1, 2004 the salaries for all Line Officers will be as follows:

                  Classification Salary
                  Captain $76,907
                  Battalion Chief $87,882















                  23
                  D. 1. Effective January 1, 2005, the salary for all firefighters hired prior to January 1, 1998 and not EMT certified will be $67,920.
                  2. Effective January 1, 2005, the salary for all firefighters

                  hired prior to January 1, 1998 and holding both an EMT and Fire

                  Inspector certification shall be $71,358.
                  3. Effective January 1, 2005 the salary for all firefighters

                  hired after to January 1, 1998 and holding both an EMT and Fire

                  Inspector certification will be as follows;


                  Classification Salary
                  New Hire Step 1
                  Step 2
                  Step 3

                  Step 4
                  Step 5
                  Step 6
                  Step 7
                        $37,008 $39,258 $45,273 $51,292
                        $57,304 $63,441 $67,400 $71,358
                  4. Effective January 1, 2005 the salaries for all Line Officer's will be as follows:
                        Classification Salary
                          Captain $79,983
                          Battalion Chief $91,397

                  E. 1. Newly hired employees will begin at the New Hire step on their first day of work regardless of any EMT and/or Fire Inspector certifications maintained. Effective the date that this agreement is signed by the parties, newly hired employees will serve a ninety (90)calendar day EMT and Fire Inspector-training period at the New Hire step of the salary step guide. Upon completion of their ninety (90) calendar day training period, newly hired employees will move to their appropriate step on the salary step guide. Employees will then advance one step per year along the above salary step guide until reaching^the top step.

                                      -24
                  2. Employees hired prior to the signing of this agreement and obtaining EMT and/or Fire Inspector certifications will serve a thirty (30) calendar day EMT and Fire Inspector training period. Upon completion of their thirty (30) calendar day training period, these employees will move to their appropriate step on the salary step guide. Employees will then advance one step per year along the above salary step guide until reaching the top step.

                  F. Employees hired after the signing of this agreement and

                  not maintaining EMT or Fire Inspector certifications will be

                  placed at the New Hire Step of the salary scale and remain at that

                  step until obtaining the required EMT and Fire Inspector

                  certifications and completing the negotiated training period. Upon

                  attaining EMT and Fire Inspector certifications and upon

                  completion of the designated training period, these employees will

                  move to their appropriate step on the salary step guide. Employees

                  will then advance one step per employment year along the salary

                  step guide until reaching the top step.

                  G. Step increases shall take effect on the employee's

                  anniversary date of hire.







                                            25
                    ARTICLE XII LONGEVITY

                    A. All bargaining unit employees shall be entitled to longevity

                    payments as follows:

                    Years of Service Longevity (%)

                                                      Of Base Salary
                    Starting through 4 years of service 0.00%
                    Beginning the 5th - the 9th year of service 1.00%
                    Beginning the 10th - the 14th year of service 1.50%
                    Beginning the 15th the 19th year of service_ 2.00%
                    Beginning the 20th -- the 24th year of service 2.50%
                    Beginning the 25th year of service and thereafter _3.50%

                    B. Said longevity payments shall be added to the employees'

                    annual base salary payable in bi-weekly increments together with

                    said salary or, at the employee's option, payable in a lump sum on

                    the first pay period in December of the year in which the same is.

                    approved. Such decision shall be communicated to the Fire Chief

                    for the next calendar year on or before the first pay period in

                    December and shall be irrevocable for same calendar year.







                                            26




                      ARTICLE XIII HOLIDAYS

                      A. Bargaining unit employees shall be entitled to ten (10)

                      holidays as follows: New Years Day, Presidents Day, Memorial Day,

                      Independence Day, Labor Day, Veterans Day, Thanksgiving Day, the

                      day after Thanksgiving, Christmas Day and the day after Christmas.

                      B. In addition to the designated holidays, all bargaining unit

                      employees shall be entitled to four (4) floating holidays

                      designated as personal days.

                      C. 1. Except as provided for within Paragraph C-5 of this

                      article, a maximum of two (2) firefighters shall be permitted to

                      be off on vacation, personal, holiday, compensatory or other

                      scheduled leave at one time.
                      2. Except as provided for within Paragraph C-5 of this

                      article, a maximum of one (1) fire officer shall be permitted to

                      be off on vacation, personal, holiday, compensatory or other

                      scheduled leave at one time.
                      3. Except as provided for within Paragraph C-5 of this

                      article, a maximum of three (3) firefighters shall be permitted

                      off on vacation, personal, holiday, compensatory or other

                      scheduled leave at one time if no fire officer is scheduled to be

                      on vacation leave.
                      4. The above shall not be impacted in any way by other

                      bargaining unit members temporarily assigned to training, union

                      and/or other administrative leave or other temporary assignments

                      so long as roll call established pursuant to the public employer's

                      managerial prerogative is met.
                      5. Any bargaining unit member making application for

                      vacation, personal, holiday, compensatory or other scheduled

                      leave, over and above that in Paragraphs C-l through C-3, shall be

                      conditionally approved, subject to roll call and the manpower

                      needs of the fire district. Any bargaining unit member

                      conditionally approved for leave must contact the on duty officer

                      in charge at his/her work station between 0600 and 0615 hours on

                      the conditionally approved day off in order to confirm approval of

                      his/her leave.
                      2.

                      6. If roll call and manpower falls below that determined to be necessary by the fire district, any conditional approval of leave may be rescinded. Any bargaining unit member ordered to work as a result of conditional leave being rescinded shall report to his/her duty station no later than 0700 hours. Leave time to cover the period of absence shall be charged to the members leave balance as appropriate.




                      28

                                        ARTICLE XIV VACATIONS
                      A. Bargaining unit employees shall be entitled to annual

                      vacation leave with pay in accordance with the following schedule:
                      1. During the first calendar year of employment, employees
                      shall be entitled to one (1) vacation day per month of employment.
                      2. From the beginning of the 2nd year of employment through
                      the 4th calendar year of employment, employees shall be entitled
                      to twelve (12) vacation days per year.
                      3. From the beginning of the 5th year of employment through
                      the 9th calendar year of employment, employees shall be entitled
                      to fifteen (15) vacation days per year.
                      4. From the beginning of the 10th year of employment
                      through the 20th year of employment, employees shall be entitled
                      to twenty (20) vacation days per year.
                      5. During the 21st year of employment, employees shall be
                      entitled to twenty-one (21) vacation days per year.
                      6. During the 22nd year of employment, employees shall be
                      entitled to twenty-two (22) vacation days per year.
                      7. During the 23rd year of employment, employees shall be
                      entitled to twenty-three (23) vacation days per year.
                      8. From the 24th year until the end of employment, -
                      employees shall be entitled to twenty-four (24) vacation days per
                      year.
                      B. The vacation year is January 1st through December 31st.

                      C. Up to one (1) years earned vacation hours may be carried over

                      into the following year.

                      D. An annual vacation schedule shall be prepared by the Chief or

                      his designee in accordance with present practice.

                      E. An employee who terminates their employment with the Board, or

                      whose employment is terminated by the Board, shall be entitled to

                      vacation time and/or vacation pay on a prorated basis.

                      F. 1. Except as provided for within Paragraph F-5 of this

                      article, a maximum of two (2) firefighters shall be permitted to

                      be off on vacation, personal, holiday, compensatory or other

                      scheduled leave at one time.

                      2. Except as provided for within Paragraph F-5 of this article, a maximum of one (1) fire officer shall be permitted to be off on vacation, personal, holiday, compensatory or other scheduled leave at one time.

                                            29

                      3. Except as provided for within Paragraph F-5 of this
                      article, a maximum of three (3) firefighters shall be permitted
                      off on vacation, personal, holiday, compensatory or other
                      scheduled leave at one time if no fire officer is scheduled to be
                      on vacation leave.
                      4. The above shall not be impacted in any way by other

                      bargaining unit members temporarily assigned to training, union

                      and/or other administrative leave or other temporary assignments

                      so long as the minimum roll call established pursuant to the

                      public employers managerial prerogative is met.
                      5. Any bargaining unit member making application for

                      vacation, personal, holiday, compensatory or other scheduled

                      leave, over and above that in Paragraphs F-l through F-3, shall be

                      conditionally approved, subject to roll call and the manpower

                      needs of the fire district. Any bargaining unit member

                      conditionally approved for leave must contact the on duty officer

                      in charge at his/her work station between 0600 and 0615 hours on

                      the conditionally approved day off in order to confirm approval of

                      his/her leave.

                      6. If roll call and manpower falls below that determined to be necessary by the fire district, any conditional approval of leave may be rescinded. The last application submitted shall be the first rescinded. Any bargaining unit member ordered to work as a result of conditional leave being rescinded shall report to his/her duty station no later that 0700 hours. Leave time to cover the period of absence shall be charged to the member's leave balance as appropriate.









                                          30
                                  ARTICLE XV SEPARATION, DEATH AND RETIREMENT
                        A. Employees shall retain all pension rights as firefighters as

                        provided by all applicable laws.
                        B. Employees retiring either after twenty-five (25) years of
                        service pursuant to N.J.S.A. 43:16A-5, or a result of a disability
                        pension, whether work-connected or not, shall be paid for all
                        accumulated holidays, vacation and other compensatory time as
                        provided in this Agreement. Said payments shall be computed at the
                        rate at the time of retirement based upon the base annual
                        compensation.
                        C. Employees intending to retire on other than disability
                        pension shall accordingly notify the Board by September 1st of the
                        previous year in which said retirement is to become effective.
                        D. In the event of an employee's death, their estate or legal
                        representative shall be paid for all accumulated holidays,
                        vacation or other compensatory time as provided in this Agreement.
                        Payments shall be made at the employee's rate of pay at the time
                        of their death.
                        E. In the event of an employee's separation from service for any
                        reason not set forth in Section B or D above, all accumulated
                        compensatory time shall be paid at the rate of pay at the time of
                        separation to the employee.
                        F. For benefits payable in the current year in all cases of
                        separation, death while not in the line of duty or retirement, all
                        vacation, holiday, and other compensatory time shall be pro-rated
                        as of the first of the month if the resignation, death or
                        retirement is effective after the fifteenth (15th) of the month.
                        Benefits shall be pro-rated on the calendar year from January 1st
                        through December 31st.
                        G. For benefits payable in the then current year in all cases
                        where the employee died while in the line of duty, all vacation,
                        holidays, sick leave days, and other compensatory time which would
                        have accrued for the entire calendar year (in the year of the
                        employee's death), shall be payable to the employee's estate or
                        legal representative.
                        H. Separation shall be defined as any permanent cessation of employment, but shall not be deemed to include temporary leaves of absence, vacation, layoffs, or other temporary leaves.



                                              31



                                      ARTICLE XVI SICK LEAVE
                        A. Sick leave with pay shall be earned at the rate of one (1)

                        day per month during the first calendar year of employment, and

                        fifteen (15) days per year for each year of employment thereafter.

                        Unused sick leave shall be cumulative from year to.year. There

                        shall be no compensation for unused accumulated sick leave.
                        B. Sick leave is hereby defined to mean absence by an employee
                        by reason of personal illness, illness within the immediate
                        family, observance of quarantine, or as a result of a disabling
                        injury not compensated under Article XVII.
                        C. 1. Employees may, at the Board's sole discretion, be
                        required to furnish a doctor's certificate to substantiate a
                        request for approval of sick leave when sick leave exceeds three
                        (3) consecutive work days.
                        C. 2. Employees may, at the Board's sole discretion, be
                        required to furnish a doctor's certificate to substantiate a
                        request for approval of sick leave when said time is used for
                        Family Leave that exceeds three (3) consecutive work days.
                        D. The Board may, at the Board's sole discretion, require the
                        employee to submit acceptable medical evidence of proof of illness
                        whenever such a requirement appears reasonable to the Board.
                        E. 1. The Board may, at the Board's sole discretion, require
                        an employee to be examined by a physician designated and
                        compensated by the Board as a condition of the employee's
                        continuation of sick leave or return to work.
                        2. The Board may require, at its sole discretion and
                        subject to HIPAA and/or any other law or regulation, an employee
                        to provide copies of all medical records relevant to the illness
                        or injury at issue, at the Board's expense, to-a doctor mutually
                        agreed upon by the Board and Association. Any requested
                        information shall be provided to the mutually agreed upon doctor
                        prior to the examination.
                        3. Any information provided will be protected subject to
                        the employee's expectation of privacy.
                        4. The Board shall not unreasonably exercise its managerial
                        prerogative regarding this subject.

                        5. Any report issued by a doctor regarding this subject
                        shall be limited to "Fit For Work" or "Unfit For Work".

                                          32
                        6. In the event that the employer requires an employee to be examined by a physician as a condition of the employee's return to work, the employee who, in accordance with the Temporary Light Duty provisions of this agreement, is capable of performing alternative duty assignments, shall be placed on temporary light duty from the time the employee returns to work until examined and determined fit for duty.

                        F. In order to receive compensation while absent on sick leave,

                        an employee shall report their absence to the Fire Chief or his

                        designee at least one (1) hour prior to the start of their shift,

                        if possible.

                        G. In case of sick leave due to contagious disease or to care

                        for a seriously ill member of the employee's immediate family,

                        reasonable proof may, at the Board's sole discretion, be required.

                        H. An employee who has exhausted their accumulated sick leave may, with the Board's approval, charge additional days of absence to vacation or personal days, or compensatory time, if available.

                        1. 1. Employees retiring after twenty-five (25) years of service

                        shall be paid for thirty percent (30%) of all accumulated sick

                        days as provided in this Agreement. Said payments shall be

                        computed at the rate of pay at the time of retirement based upon

                        the base annual compensation.
                        2. Employees retiring on disability retirement pursuant to the

                        Police and Firemen's Retirement System shall be paid for all

                        accumulated sick days as provided in this Agreement.
                        3. In the event of an employee's death, their estate or legal

                        representative shall be paid for all accumulated sick days as

                        provided in this Agreement. Payments shall be made at the

                        employee's rate of pay at the time of their death.
                        4. In the event of an employee's separation from service for any

                        reason not set forth above, the employee shall not be entitled to

                        any compensation for accumulated sick days.

                          33

                                            ARTICLE XVII INJURY LEAVE
                          A. 1. In the event an employee becomes disabled by reason of

                          service-connected injury or illness and is unable to perform their

                          duties, then, in addition to any sick leave benefits otherwise

                          provided herein, he may be entitled to full pay for a period of up

                          to one (1) year. In the event an employee is granted said injury

                          leave, the Board's sole obligation shall be to pay the employee

                          the difference between his regular pay and any compensation,

                          disability, or other payments received from other sources provided

                          by the Board. At the employee's option, the employee shall either

                          surrender and deliver any compensation, disability, or other

                          benefits to the Board and receive from the Board his entire salary

                          payment, or in the alternative, the employee may retain the

                          compensation, disability or other benefits and receive from the

                          Board only the difference of pay.
                          2. If an employee returns to work from injury leave for less than
                          one (1) year, he may return to injury leave for the same injury
                          for an additional period of time which, when added to the initial
                          period of injury leave, totals no more than one (1) year.
                          3. When an employee returns from injury leave, he shall be
                          entitled to a new period of injury leave for a period of up to one
                          (1) year if the employee submits a new injury claim due to an
                          independent event causing re-injury or a new injury.

                          B. When a employee requests injury leave, he or she shall be

                          placed on "conditional injury leave" until a determination of

                          whether or not an injury or illness is work related and the

                          employee is entitled to injury leave is initially made by the

                          Board's Workmen's Compensation carrier, with the final

                          determination, if necessary, to be made by the Workmen's

                          Compensation Bureau or Court. When and if it is finally determined

                          that the injury or illness is not work related and that the

                          employee is not entitled to job injury compensation, the employee

                          shall be denied injury leave and shall have all time off charged

                          against his or her accumulated sick time and if necessary, against

                          any other accumulated leave time. If the employee leaves the

                          employ of the Board prior to reimbursing the Board for such

                          advanced time, the employee shall be required to reimburse the

                          Board for such advanced time.

                                                34


                          C. Any employee who is injured, whether slight or severe, while
                          working, must make an injury report to the Fire Chief or officer
                          in charge prior to the end of the employee's shift, or, if that is
                          not medically possible, as soon thereafter as is possible.
                          D. It is understood that the employee must file an injury report
                          with the Board Administrator so that the Board may file the
                          appropriate Worker's Compensation Claim. Failure to so report said
                          injury may result in the failure of the employee to receive
                          compensation under this Article.
                          E. The employee shall be required to present evidence by a
                          certificate of a physician designated by the insurance carrier
                          that he is unable to work, and the Board may reasonably require
                          the employee to present such certificate from time to time.
                          1. If the Board does not accept the certificate of the
                          physician designated by the insurance carrier, the Board shall
                          have the right, at its own cost, to require the employee to obtain
                          a physical examination and certification of fitness by a physician
                          appointed by the Board.
                          a. The Board may require, at its sole discretion.and
                          subject to HIPAA and/or any other law or regulation, an employee
                          to provide copies of all medical records relevant to the illness
                          or injury at issue, at the Board's expense, to the designated
                          physician. Any requested information shall be provided to the
                          designated physician prior to the examination.
                          b. Any information provided will be protected subject
                          to the employee's expectation of privacy.
                          c. The Board shall not unreasonably exercise its
                          prerogative regarding this subject.
                          2. Any report issued by the designated physician
                          regarding this subject shall be limited to "Fit For Work" or
                          "Unfit For Work".
                          F. In the event the Board appointed physician certifies the
                          employee fit to return to duty, injury leave benefits granted
                          under this Article shall be terminated, unless the employee's
                          physician disputes the determination of the Board's appointed
                          physician. Then the Board and the employee shall mutually agree
                          upon a third physician who shall examine the employee. The cost of
                          the third physician shall be borne equally by the Board and the
                          employee. The determination of the third physician as to the
                          employee's fitness to return to duty shall be final and binding
                          upon the parties. In the event the third physician also certifies
                          the employee fit to return to duty, injury leave benefits granted
                          under this Article shall be terminated.
                                                35
                          ARTICLE XVIII BEREAVEMENT LEAVE

                          A. In the event of death of the employee's parents, spouse/

                          children, brothers or sisters, the employee shall be granted four

                          (4) consecutive work days off without loss of pay commencing the
                          day of death.

                          B. Leave with pay for three (3) days shall be granted in the

                          case of the death of grandparents, grandchildren, mother-in-law,

                          and father-in-law.

                          C. The Fire Chief may grant leave without pay for anyone else

                          not included.

                          D. If additional time is required, an employee may use

                          accumulated personal, compensatory or vacation time as emergency

                          leave upon approval of the Fire Chief.

                          E. An employee will request bereavement leave from the Fire

                          Chief at the earliest practicable time.

                          F. Proof of death may be required at the Fire Chief's

                          discretion.











                            36

                                            ARTICLE XIX MILITARY LEAVE
                            A. Military leave shall be granted pursuant to State and Federal Statues and Regulations, upon Department of Personnel; regulations.









                            37
                            ARTICLE XX LEAVE OF ABSENCE

                            A. Leave of absence'without any pay> in the discretion of-the

                            Board, may be granted for good cause to any employee who has

                            completed their probationary.period.
                            B. Leave of absence can be any specified time period up to a
                            maximum of one (1) year.
                            C. During a leave of absence, the Board will not be responsible



                            to provide the employee with the benefits provided within Article



                            XXV. However, if the employee wishes that coverage is extended to



                            him during that leave, the Board will provide it but it must be



                            paid by the employee prior to the Board being billed.







                            38

                            DPJ>

                                                ARTICLE XXI PENSIONS
                            A. All employees shall retain all pension rights afforded to them under the Public Employees Retirement System and/or the Police and Firefighters Retirement System.












                            39
                            ARTICLE XXII JOB DESCRIPTION AND DUTIES

                            A. The job descriptions and duties for all members of this

                            bargaining unit shall be accordance with each employee's job title

                            as set forth by the New Jersey State Department of Personnel,

                            N.J.S.A. Titles 11 and 11-A.

                            B. The Board will maintain on file in the Board office a

                            complete and current Department of Personnel job descriptions for

                            all required positions.

                            C. The Board will supply a copy of the most current job




                            description to an employee when hired and at any time thereafter,




                            if the job description should change.





                            40
                            ARTICLE XXIII CLOTHING ALLOWANCE

                            A. The Board will issue to all newly hired employees all

                            uniforms and turnout gear according to the clothing allowance as

                            set forth in Appendix A attached hereto. All clothing shall meet

                            N.F.P.A. and O.S.H.A. requirements.

                            B. Each successive year, each employee shall receive replacement

                            items upon employee request, if in the opinion of the Fire Chief

                            or his designee, an item requires replacement. Replacement items

                            will be ordered and/or received by the employee within five

                            working days. The employee as soon as reasonably possible will

                            receive replacement items that are ordered.

                            C. The Board will be responsible for the cost of changes in

                            uniform and turnout gear damaged or contaminated in the line of

                            duty.

                            D. Uniforms shall be worn on all duty hours except during

                            physical fitness time. When working in and around stations and

                            grounds, the uniform shirt may be removed (but employee must wear,

                            undershirt). The Fire Chief shall determine the proper uniform for

                            the work being performed.

                            E. The Board will provide its employees with all turnout gear









                            and equipment that meet or exceed the requirements of N.F.P.A. and









                            O.S.H.A.










                            41
                            ARTICLE XXIV TRAVEL EXPENSES

                            A. Employees shall be reimbursed at the Internal Revenue Service rate for reimbursement for using their personal automobile when so ordered and required by the Board, 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.








                            42
                                    ARTICLE XXV HOSPITALIZATION AND MEDICAL BENEFITS
                            A 1. All existing hospital and medical benefits provided to employees and their families shall be retained and continued in full force and effect.
                            A 2. The fire district may, at its sole discretion, switch hospitalization and medical benefits to the New Jersey State Health Benefits Program.

                            B. Any other changes to the current plans and/or provider must be negotiated with and approved by the Association. The employees shall not have any reduction in its current coverage.

                            C 1. Upon retirement with twenty (20) years of service, each
                            retiree shall receive retirement health care benefits at a maximum
                            cost to the fire district of $2,500 per calendar year.
                            C 2. Retirement health care benefits will be continued until the
                            death of the retiree.
                            C 3. The $2,500.00 maximum per calendar year retiree health care
                            benefit shall be increased annually according to the Consumer
                            Price Index.

                            D. In the event of an employee's separation from the District,

                            hospitalization and medical benefits shall be continued for a

                            period of one (1) month at the District's expense.

                            E. Retirees receiving health care benefits from other employment

                            or their spouse's employment shall not be eligible to receive

                            benefits pursuant to Paragraph C of this article.

                            F. Retirees participating in the retirement benefits program

                            outlined in Paragraph C and then suspending participation in the

                            program may return to the program with retiree benefits being

                            resumed at the level maintained when the retiree left the program.

                                                  43
                                        ARTICLE XXVI COMMUNICABLE DISEASES
                              A. The Fire Chief or designee shall maintain a separate file to

                              be known as the "Communicable Disease File" in which employees

                              responding to fire rescue alarms in which contact and/or working

                              in close proximity to the victims with communicable diseases and

                              their body fluids shall be recorded in the C.D.F. at the

                              completion of each alarm. It shall be the employee's

                              responsibility to notify the officer in charge and initial the

                              completed C.D.F. form.

                              B. If the employee is diagnosed with the AIDS Virus or any other

                              communicable disease, the C.D.F. form shall establish a rebuttable

                              presumption that the employee is eligible for injury leave

                              pursuant to Article XVII.




                                44 ARTICLE XXVII SAFETY CLAUSE

                                A. There: will be a committee appointed by the President of the

                                Association which will be permitted to offer in writing any

                                information approved by the Association to the Fire Chief for the

                                purchase of equipment, turnout gear, uniform, and apparatus. This

                                is also to include refurbishing equipment or apparatus, and

                                altering or constructing new fire stations, and other matters

                                relating to safety.

                                B. The Association will supply the Fire Chief with a copy of the




                                minutes of the Safety Committee meetings.









                                45
                                                  ARTICLE XXVIII PROMOTIONS
                                A. When the Board determines to create a promotional position(s), a notice will be posted, with a copy provided to the Association, advising of the nature of the position and the qualifications required therefore. All promotions will be made in accordance with N.J.S.A. 11 and 11-A, State of New Jersey, Department of Personnel.







                                46

                                                ARTICLE XXIX
                                                BULLETIN BOARD



                                A. The Association shall have the sole use of the designated


                                Association 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 fire organizations and other


                                employee related matters.

                                B. Only material authorized by the signature of the Association

                                Representative, President, or Shop Steward shall be permitted to

                                be posted on said bulletin board.

                                C. The Board may require the Association to remove, from the

                                bulletin board, any material that does not conform with the intent

                                of the above provisions of this Article. Said material will be

                                kept on file with the Association.



                                                      47
                                  ARTICLE XXX SERVICE RECORDS

                                  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 by the Board, and may be used for

                                  evaluation purposes by the Fire Chief, Administrator or Board

                                  only.

                                  B. Upon advanced written notice and at reasonable times, any

                                  employee may review his or her personnel file. However, this

                                  appointment for review must be made through the Fire Chief.

                                  C. Whenever a written complaint concerning an employee or his or

                                  her actions is to be placed in this personnel file, a copy shall

                                  be made available to the employee and he or she shall be given the

                                  opportunity to rebut it if he or she so desires. The employee

                                  shall be permitted to place said rebuttal in his or her file.

                                  D. When an employee rebuts and is found innocent of said

                                  complaint, the written complaint must be removed from the

                                  employees file, and any and all other files within five (5)

                                  working days.

                                  E. All personnel files will be carefully maintained and

                                  safeguard permanently and nothing placed in any files shall be

                                  removed therefrom except as provided in Section D above or by

                                  mutual agreement.

                                  F. Maintenance of the personnel files will be accordance with





                                  the Archives Laws of the State of New Jersey.





                                  48
                                                  ARTICLE XXXI
                                          PRINTING AND SUPPLYING AGREEMENT



                                  A. Tills Agreement and any future agreement shall be copied and supplied to each employee by the Board within forty-five (45) calendar days of execution at no cost to the employee.





                                  49

                                              ARTICLE XXXII STATUTORY AND LEGAL RIGHTS
                                  A. Nothing contained herein shall be construed to deny or restrict the Board or the employee from the exercise of its or their rights under R.S. 34:13A, R.S. 40, 40A or any other national, state, county or local laws or ordinances pertaining to the employee covered by this Agreement.





                                  50

                                  ARTICLE XXXIII

                                  SEPARABILITY AND SAVINGS





                                  A. If any provision of this Agreement or any application of this Agreement to any employee or group of employees is held invalid by operation of the law or by court or other tribunal of competent jurisdiction following the valid adoption of this Agreement, such provision shall be inoperative, but all other provisions shall not be affected thereby and shall continue in full force and effect.






                                  51
                                  ARTICLE XXXIV

                                  MAINTENANCE OF BENEFITS





                                  A. Except as this Agreement shall otherwise provide, all terms


                                  and conditions of employment applicable on the effective date of


                                  this Agreement shall continue to be so applicable during the terms


                                  of this Agreement.

                                  B. All rights, privileges, and working conditions enjoyed by the

                                  employees, beginning on the effective date of this Agreement,

                                  which are not included in this Agreement, shall remain in full

                                  force, unchanged and unaffected in any manner during the term of

                                  this Agreement, unless changed by mutual consent.



                                    52
                                                  ARTICLE XXXV
                                              EMERGENCY MEDICAL SERVICES



                                    A. If, in the future, it is"discovered that engaging in BLS unit


                                    work precludes employees from binding interest arbitration, then


                                    BLS unit work will cease. Employees ceasing to perform BLS unit


                                    work will no longer be entitled to any compensation received for


                                    performing such work.

                                    B. If, in the future, it is discovered that engaging in BLS unit

                                    work precludes employees from participating in the Police and

                                    Firemen's Retirement System, then BLS unit work will cease.

                                    Employees ceasing to perform BLS unit work will no longer be

                                    entitled to any compensation received for performing such work.

                                    C. In the event of such discovery, any discontinuation of such

                                    work will be held in abeyance pending any appeal process initiated

                                    by the Board provided such stay is approved by the Police and Fire

                                    Retirement System Board of Trustees.



                                                      ARTICLE XXXVI
                                                      FIRE INSPECTIONS




                                      A. All Firefighter's and Fire Officers shall maintain a Fire



                                      Inspectors license.

                                      B. The assignment of bargaining unit members to fire inspector

                                      certification training shall be subject to the terms of the

                                      Memorandum of Agreement executed by and between the Union and

                                      District and attached hereto as Appendix B.

                                      C. If, in the future, it is discovered that engaging in fire

                                      inspection work precludes employees from Binding Interest

                                      Arbitration, then fire inspection work will cease. Employees

                                      ceasing to perform fire inspection work will no longer be

                                      entitled to any compensation received for performing such

                                      work.

                                      D. If, in the future, it is discovered that engaging in fire

                                      inspection work precludes employees from participating in the

                                      Police and Fireman's Retirement System, then fire inspection

                                      work will cease. Employees ceasing to perform fire inspection

                                      work will no longer be entitled to any compensation received

                                      for performing such work.

                                      E. In the event of such discovery, any discontinuation of such

                                      work will be held in abeyance pending any appeal process

                                      initiated by the Board provided that such stay is approved by

                                      the Police and Fire Pension System Board of Trustees.




                                                              54
                                                          ARTICLE XXXVII

                                                            JURY DUTY



                                        A. All employees shall be granted time off without loss of pay, vacation time or other compensatory time for jury duty. The employee must be scheduled to work in order to receive administrative leave for jury duty.









                                        55
                                        ARTICLE XXXVIII ACTING OUT OF TITLE

                                        A. When the District determines substitute supervisor coverage

                                        to be necessary, Fire Officers will be given the opportunity to

                                        work overtime, compensated at a rate of time and half of their

                                        regular rate, prior to the designation of any acting officer.

                                        Officer overtime will be offered on a rotational basis.

                                        B. Firefighters acting in the place of a supervisor shall be




                                        compensated at the hourly rate of Fire Captain for all hours




                                        worked in the acting capacity. Designation of replacements will be




                                        offered on a rotational basis.









                                        56

                                                      ARTICLE XXXIX
                                                      EMERGENCY LEAVE



                                        A. Employees shall be granted emergency leave for a bona fide emergency situation that requires their release or absence from work. All emergency leave will be charged, at the employee's option, against the employee's vacation, personal or compensatory time balance.









                                        57
                                                        ARTICLE XXXX
                                                    FULLY BARGAINED AGREEMENT



                                        A. This Agreement represents and incorporates the complete and


                                        final understanding and settlement by the parties of all


                                        bargainable issues that were or could have been the subject of


                                        negotiations.

                                        B. The parties acknowledge that during the negotiations that

                                        resulted in this Agreement, each had the unlimited right and

                                        opportunity to make demands and proposals with respect to any

                                        matter or subject not removed by law from the area of collective

                                        bargaining and that the understandings and agreement arrived at by

                                        the parties after the exercise of that right and opportunity are

                                        set forth in this Agreement.

                                        C. This Agreement shall not be modified in whole or in part by

                                        the parties except only by an instrument, in writing, executed by

                                        both parties.

                                        D. It is the intent of the parties that the provisions of this

                                        Agreement will supersede all agreements and understandings, oral

                                        or written, expressed or implied, between the parties and shall

                                        govern their entire relationship and shall be the sole source of

                                        any and all rights or claims which may be asserted in arbitration

                                        hereunder or otherwise. The Board and the Association, for the

                                        life of this Agreement, hereby waive any rights to request to

                                        negotiate or bargain with respect to any matters contained in this

                                        Agreement. It is mutually understood that this clause is a clear

                                        waiver as to any right or claim not expressed in this Agreement.




                                                                58
                                                          ARTICLE XXXXI

                                                        SUPERSEDING CLAUSE



                                          A. This Agreement supersedes any and all other agreements, ordinances, resolutions and/or directives dealing with working conditions and terms and conditions of employment which are inconsistent with the terms of this Agreement.








                                          59

                                                          ARTICLE XXXXII
                                              NEW JERSEY STATE DISABILITY BENEFITS PROGRAM
                                          1. The Board of Fire Commissioners, by approval of this


                                          agreement, shall elect voluntary temporary disability insurance


                                          coverage under the State Plan effective January 1, 2003 by


                                          filing written notice of such election with the State of New


                                          Jersey, Department of Labor, Division of Employer Accounts.


                                          This coverage shall be applicable to all employees of the Board


                                          who are deemed under law to be covered by the New Jersey


                                          Unemployment Law.
                                          2. The cost of obtaining this coverage is by law, divided

                                          between the employer and the employee. For example, for the

                                          period January 1, 2002 through June 30, 2002, the employer

                                          contribution rate was one half of one percent of the taxable

                                          wages paid (Subject to a taxable wage base).
                                          3. All employees subject to this agreement, and all other

                                          district employees must agree to make contribution toward

                                          financing to ensure the Board's inclusion in the Temporary

                                          Disability Benefits program.
                                          4. All employees subject to this agreement consent to the

                                          contribution to the program and do hereby authorize the Board to






                                          take deductions from their salary as provided by law to ensure






                                          participation in the program.





                                          1.






                                          60

                                          ARTICLE XXXXIII
                                                      SPOUSAL MATERNITY LEAVE



                                          A. Four (4) consecutive work days sick leave may be utilized for spousal maternity leave. Additional time may be obtained as emergency leave if needed. Any emergency leave taken will be applied to the employee's vacation, personal or compensatory time balance.












                                          61
                                                          ARTICLE XXXXIV
                                                      LABOR MANAGEMENT COMMITTEE



                                          Authorized representatives of the District and Association shall meet at mutually agreeable times on an as needed basis to discuss matters of mutual concern.







                                          62
                                          ARTICLE XXXXV DURATION, TERM AND RENEWAL


                                          THIS AGREEMENT shall be effective January 1, 2002 and shall remain in full force and effect through December 31, 2005. It shall automatically be renewed from year to year thereafter, unless either party shall notify the other, 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 in full force and effect during the period of negotiations.
                                          IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first set forth above.


                                          BOARD OF FIRE COMMISSIONERS VOORHEES FIRE DISTRICT # 3
                                          I.A.F.F. AFL -CIO
                                          LOCAL 3249









                                          WITNESS:







                                                                63
                                          APPENDIX A

                                          CLOTHING ALLOWANCE LIST





                                          A. The clothing list shall be as follows:

                                            6 short sleeve shirts
                                            6 long sleeve shirts
                                            6 tee shirts
                                            5 pair of pants
                                            2 badges
                                            1 belt
                                            1 name plate
                                            1 winter/spring coat
                                            1 collared sweat shirt (Job Shirt)

                                            Station footwear:

                                          At the employee's option, two (2) $110. per pair maximum expenditures or one (1) $220. expenditure by the Board.

                                          B. The designated fire district uniform will be mutually agreed upon by the Board and the Association.




                                          64



                                          Appendix B
                                          Memorandum Of Agreement
                                          Between
                                          Camden County Uniformed Fire Fighters Association
                                          I.A.F.F. Local 3249
                                          A.F.L.-C.I.O.-C.L.C.

                                          And

                                          Board of Dire Commissioners
                                          Voorhees Township Fire District
                                          Camden County, New Jersey





                                          This Memorandum of Agreement by and between the Camden County Uniformed Fire Fighters Association, I.A.F.F. Local 3249 ("Local") and Voorhees Township Fire District ("District") represents the agreement on the matters relative to Fj-r^^n^p^e^tj-on^Certification and duties.

                                          1. As of January 1, 1999, the Voorhees Fire District will require

                                          all new employees to have and maintain a minimum N.J. Division of

                                          Fire Safety Fire Inspector Certification.
                                          2. As of January 1, 1999, the Voorhees Fire District will require

                                          all present employees who are' not N.J. Division of Fire Safety

                                          certified to immediately enroll in the appropriate and necessary

                                          classes to obtain said certification.
                                          3. All employees, as a condition of continued employment, will be

                                          required to maintain a N.J. Division of Fire Safety Inspector

                                          Certification.
                                          4. Assignment as a Fire Inspector shall be on an equitable

                                          rotational basis, the procedure to be mutually agreed upon by the

                                          District and Local. Fire inspections will not be assigned

                                          simultaneously with BLS ambulance duty.

                                                                65

                                          Fire Inspection Certification and Duties M.O.A. - Page 2 of 2
                                          5. Those employees not certified will be given the opportunity to



                                          become certified. Such opportunity will be scheduled by the



                                          District and the cost will be covered by the District. Employees



                                          will be compensated for attending classes on off-duty time.



                                          Classes scheduled, while an employee is on-duty, will be attended



                                          by the employee, as part of their regularly scheduled time on-



                                          duty. The District may, pursuant to the applicable provisions of



                                          the current collective bargaining agreement, reassign employees



                                          from their regular duty assignment to training. The District and



                                          Union agree that study time will also be provided for employees



                                          enrolled in classes.
                                          6. The current practice of certification maintenance via

                                          continuing education will continue.
                                          7. The appropriate District and Local representatives will meet

                                          to formulate the assignment procedure, as well as determine the

                                          timetable for scheduling the upcoming certification courses.
                                          5.



                                            66
                                            Appendix C MEMORANDUM OF AGREEMENT

                                            Between

                                            Camden County Uniformed Fire Fighters Association
                                            I.A.F.F. Local 3249
                                            A.F.L.-C.I.O.-C.L.C.

                                            i

                                            and

                                            Board of Fire Commissioners
                                            Voorhees Township Fire District
                                            Camden County, New Jersey


                                            This Memorandum of Agreement by and between the Camden County Uniformed Fire Fighters Association, I.A.F.F. Local 3249 ("Local") And the Voorhees Fire District, ("District") represents the full and agreement between the Local and District concerning matters relating to Temporary Light Duty.

                                            The Local and District agree as follows:
                                            I. The purpose of this agreement shall be to establish the

                                            District's authority to assign employees to temporary light duty

                                            assignments and establish procedures for granting temporary light

                                            duty to eligible employees.
                                            II. Temporary light duty assignments, when available, are for

                                            employees who, because of injury, illness or disability, are

                                            temporarily unable to perform their regular assignments but who

                                            are capable of performing alternative duty assignments. The use

                                            of temporary light duty can provide employees with an opportunity

                                            to remain productive while convalescing as well as provide a work

                                            option for employees who may otherwise risk their health and

                                            safety or the safety of others by remaining on duty when

                                            physically or mentally unfit for their regular assignment.

                                            Therefore, eligible employees will be given a reasonable

                                            opportunity to work in temporary light duty assignments where available and consistent with this agreement.






                                            67
                                                Temporary Light Duty M.O.A. - Page 2 of 2




                                            III. A. Upon request of an employee through the Chief, upon the request of the Chief for any employee on sick leave, or at the direction of the Chief for any employee absent due to a work connected injury eligible for Workers' Compensation, a physician appointed or approved by the District shall examine the employee and render a written opinion as to the employee's ability to perform light duty assignments as described by the Chief. The District shall bear the entire cost of the examination except in the case where an employee requests a light duty assignment. An employee's request for such an examination will be honored only if the District, in its sole discretion, determines that the employee is otherwise eligible for a light duty assignment and such an assignment is available. The physician's opinion shall consider the likelihood of exacerbation of the existing condition during performance of said light duty assignment, as well as the employer's ability to perform.

                                            B. The decision as to whether a light duty assignment is

                                            available and the length of such an assignment shall be at the

                                            sole discretion of the Chief. Employees absent due to a work-

                                            connected injury eligible for Worker's Compensation shall have

                                            priority for all light duty assignment. Other employees working

                                            light duty assignments may have such assignments terminated by the

                                            District to give light duty assignments to employees absent due to

                                            a work-connected injury eligible for Worker's Compensation. Such

                                            decisions shall be at the sole discretion of the District.

                                            C. The decision of the District as to the availability of

                                            light duty assignments and/or the length of such assignments shall

                                            be final and at the District's sole discretion.

                                            D. In the event a female employee becomes pregnant, she shall be permitted to perform light duty assignments as described by the District upon written documentation from her physician and only if the District, in its sole discretion, determines that the employee is otherwise eligible for a light duty assignment and such an assignment is available. Said light duty shall be performed until her physician requires that she stop work, until the District determines, in its sole discretion, that she is no longer eligible for light duty assignments, such light duty assignments are no longer available and/or another employee is given priority for such light duty assignments.



                                            Voorhees Tp Fire Dist 3 and IAFF Loc 3249 2002.pdf