THE COUNTY OF UNION
TEAMSTERS UNION LOCAL 102/SECONDARY SUPERVISORS
TERM: JANUARY 1, 2001 THROUGH DECEMBER 31, 2004
DeMARIA ELLIS & BAUCH L.L.C. Attorneys for Union County
744 Broad Street, Suite 1400
Newark, NJ 07102
TABLE OF CONTENTS
ARTICLE TITLE PAGE
1. RECOGNITION 1
2. MANAGEMENT RIGHTS 2
3. NO STRIKES OR LOCKOUTS 4
4. HOURS OF WORK 5
SALARIES AND COMPENSATION 6
SICK LEAVE 16
PERSONAL BUSINESS AND RELIGIOUS LEAVE 19
DEATH IN THE FAMILY 21
JURY DUTY 22
LEAVE OF ABSENCE WITHOUT PAY 22
MATERNITY LEAVE 24
HEALTH BENEFITS 25
GRIEVANCE PROCEDURE 30
DUES CHECK-OFF 34
TABLE OF CONTENTS (Continued)
ARTICLE TITLE PAGE
19. UNION BUSINESS 35
20. MISCELLANEOUS 36
21. HEALTH AND SAFETY 37
22. SEVERABILITY 37
23. FULLY-BARGAINED AGREEMENT 37
47 Draft 6/8/2005
This Agreement made this _______ day of ______________________2002 between the
County of Union (hereinafter the "Employer") and Teamsters Union Local 102/Secondary Supervisors (hereinafter the "Union"); and,
WHEREAS, the parties have carried on collective negotiations for the purpose of developing a contract covering wages, hours of work and other conditions of employment; and,
WHEREAS, the parties, pursuant thereto, have reached an agreement on the matters hereinafter set forth;
NOW, THEREFORE in consideration of the mutual covenants, obligations and conditions
herein contained, the parties hereto agree as follows:
Pursuant to the certification of the New Jersey Public Employment Relations Commission dated March 16, 1989, Docket No. RO-89-80, the County of Union (hereinafter the "Employer") recognizes Teamsters Union Local 102/Secondary Supervisors (hereinafter the "Union") as the exclusive collective negotiations representative for all employees in the following titles: Administrative Supervisor of Income Maintenance, Assistant Administrative Supervisor of Income Maintenance, Field Office Supervisor, Child Support Coordinator, Data Processing Coordinator, Training Supervisor, Coordinator of Social Services, Administrative Supervisor of Social Work and Assistant Administrative Supervisor of Social Work. All other supervisory personnel, non-supervisory personnel, managerial executives, confidential employees, craft employees and any other employees are excluded from the bargaining unit represented by Teamsters Union Local 102/Secondary Supervisors.
The Employer hereby retains and reserves unto itself, without limitation, all powers, rights, authority, duties and responsibilities conferred upon and vested in it prior to and after the signing of this Agreement, including but without limiting the generality of the foregoing, the following rights:
A. To conduct executive management and administrative control of the Employer and its properties and facilities, and the on-the-job activities of its employees;
B. To hire all employees and subject to existing Department of Personnel rules and regulations to determine their qualifications and conditions of continued employment or assignment and to promote and transfer employees, and to suspend, demote, discharge or take other disciplinary action for good and just cause;
C . To promulgate and implement policies, rules, regulations and practices which in its sole discretion it deems necessary for the efficient and effective operation of its properties and facilities and to maintain order and safety of the work force;
D. To make all decisions relating to the performance of the Employer's operations and activities, including but not limited to the methods, means, processes, materials, procedures and employees to be utilized;
E. To establish any new job qualifications, classifications and content and to change same without prior negotiations thereof;
F. To determine the work performance levels and standards of performance of the employees;
G. To take any actions considered necessary to establish and maintain efficiency and cost effective operations and maintenance;
H. To assign work as it determines will benefit the Employer and/or the clients it serves;
I. To utilize the services of a contractor when, in the sole judgment of the Employer, such services would be more efficient.
The exercise of the foregoing powers, rights, authority, duties or other responsibilities of the Employer, the adoption of policies, rules, regulations and practices in furtherance thereof, the establishment or change in any term or condition of employment, and the use of judgment and discretion in connection therewith, shall be limited only by the expressed terms of this Agreement. Section 3.
Nothing contained herein shall be construed to deny or to restrict the Employer in its exclusive right to administer itself and control the work of its personnel, nor to deny or restrict the Employer in any of its rights, responsibilities and authority under any national, state or local laws and/or ordinances.
The failure to exercise any of the foregoing rights, or any right deemed to be a management right by tradition, by agreement, by mutual acceptance, or by practice, shall not be deemed to be a waiver thereof; all management rights ever granted or exercised heretofore are specifically incorporated herein. Any act taken by the Employer not specifically prohibited by this Agreement shall be deemed a management right and shall be considered such as if fully set forth herein.
The Union, on behalf of the employees, agrees to cooperate with the Employer to obtain and maintain full efficiency and the Employer agrees to receive and consider constructive suggestions submitted by the Union toward these objectives.
NO STRIKES OR LOCKOUTS
There shall be no lockouts, strikes, work stoppages or slowdowns of any kind during the life of this Agreement. No officer or representative of the Union shall authorize, institute or condone any such activity. No employee shall participate in any such activity. The Employer shall have the right to take disciplinary action, including discharge, against any employee participating in a violation of the provisions of this Article.
The Union will not schedule any membership meeting or demonstration which may have the same effect as a strike or work stoppage. In the event that the Union's members participate in such activities, in violation of this provision, the Union shall notify those members so engaged to cease and desist from such activity and shall instruct the members to return to their normal duties and to take such other action as may be necessary under the circumstances to bring about compliance with the provisions of this Article.
HOURS OF WORK
The normal work week shall consist of 35 work hours per week, 7 hours per day and 5 days per week, Monday through Friday (8:30 a.m. to 4:30 p.m.).
The Employer may stagger the lunch period to meet the workload to be performed so that the public may be served.
The working day for employees may be varied or extended by the Employer as the need arises.
The Employer shall have the option that all projects or surveys will be performed by employees on overtime.
Effective January 1, 1998, the Employer, in its sole discretion, may continue the alternate work schedule (a/k/a “compressed work week”) on a voluntary basis, taking into consideration the needs of the Employer. The following terms shall apply to the alternate work schedule:
An alternate work week shall be offered to all employees and participation will be voluntary;
The alternate work week will consist of a compressed work week of four days. Days off will be scheduled on all days except Thursday, which will be a fully staffed day.
The new hours of the alternate work schedule shall not create any overtime even though the terms of this Agreement might provide for overtime in some instances. Instead, the schedule is intended to reflect the current 35 hours per week contractual arrangement with a modification of when those hours are worked for the volunteers of this program. Specifically, hours for the four day week staff will be 8:15 a.m. to 6:00 p.m. with one hour for lunch and two daily break periods.
If a holiday falls on a scheduled work day, one and three fourths (1 3/4) hours will be deducted from vacation time. If a holiday falls on a day off, seven (7) hours of vacation time will be credited. Vacation, sick and personal time will be calculated in hours.
SALARIES AND COMPENSATION
The following increases shall be made to the base annual rate of each individual bargaining unit employee:
Effective January 1, 2001 1.5%
Effective July 1, 2001 1.5%
Effective January 1, 2002 3.5% in guide, 4% at max
Effective January 1, 2003 3.5% in guide, 4% at max
Effective January 1, 2004 3.5% in guide, 4% at max
The above salary increases are reflected in a schedule of salaries annexed hereto as Schedule A.
Effective January 1, 1998, increments shall be reduced in each range as follows:
Employees will move to the next highest step within their range each year at the beginning of the calendar year or at their anniversary date, whichever is applicable as covered in this Agreement.
Range Previous Increment Amount New Increment Amount
24A $2221 $1433
25A $2333 $1500
26A $2447 $1568
27A $2571 $1643
The salary guide reflects the addition of three steps during the term of the agreement and adjustment of increment levels in the guide during the term of the Agreement. The distribution of the new increment for those employees at max is implemented as well.
The salary guide also reflects the stipulation that promotions from the Primary Unit into the Secondary Unit will commence at Step 7 of the appropriate range upon execution of this Agreement.
currently part of the Unit prior to January 1, 2001 and not at the maximum step will continue to receive the full increment included in the expired contract until they reach the maximum step for their range.
Effective upon the execution of this Agreement, all members of the bargaining unit will receive a $500 bonus for the years 1999 and 2000 payable no later than January, 2000 and 2001 respectively. This bonus will be exclusive of base salary. Any member of the bargaining unit retiring in either 1999 or 2000 will have the $500 bonus included in their base salary during the year of retirement. Continue the annual performance bonus payable January of each year of the contract (1/1/01 – 12/31/04)
All members of the bargaining unit will receive a one-time $250 bi-weekly pay transition bonus within the first week of January 2000. This bonus will be exclusive of base salary.
Bargaining unit employees who have resigned or who were terminated for cause, excluding employees who retire, shall not be entitled to retroactive pay. Bargaining unit employees who are on leaves of absence without pay shall receive pro rata retroactivity upon return to active service.
Section 2. Increments:
All employees who are entitled to receive a merit increment shall be paid such an increment on the following basis:
A. An employee hired effective January 2 through April 1 will be eligible to receive an increment on April 1 of the following year;
B. An employee hired effective April 2 and through July 1 will be eligible to receive an increment on July 1 of the following year;
C. An employee hired effective July 2 and through October 1 will be eligible to receive an increment on October 1 of the following year;
D. An employee hired effective October 2 and through January 1 will be eligible to receive an increment as of January 1 of the beginning of the second year following date hired.
Section 3. Promotions:
Any employee who is promoted or reclassified to another title with a higher salary range shall have their salary adjusted so that it provides an increase in payment of at least one increment of the present salary range plus the amount (if necessary) to adjust and equalize the employee's salary to the proper step of the new salary range.
If any employee is subsequently appointed to another title within one year with the lower salary range, the employee's salary will be reconstructed on the basis of the employee's previous employment record.
Any employee who is subsequently appointed to another title after one year with a lower salary range shall have their salary adjusted so that it provides a deduction of one increment of the present salary range less any additional amount (if necessary) to adjust and equalize the employee's salary to the proper step of the title to which they are being reassigned.
Promotions within the Secondary Unit will commence at the next highest step for employees and must be at the value of the new increments reflected in the schedule of salaries annexed hereto as Schedule A.
Effective January 1, 1996, there shall be a salary range change for the Child Support and the Data Processing Coordinators from Range 23A to Range 24A.
Effective January 1, 1998, the title of Child Support Coordinator will be moved from Range 24A to Range 25A, Step 9.
Effective upon the execution of this Agreement, the title of Coordinator of Social Services will be recognized at Range 25A.
Effective in 2002, Salary Guide 24A shall be deleted. Any title currently in 24A shall be moved to 25A.
Section 4. Generic Titles
Effective upon the execution of this Agreement, the Department Head will provide the Union’s chief shop steward with a copy of any changes to the rules and regulations of the Department of Personnel.
ARTICLE 6Section 1.
The Employer agrees that overtime consisting of time and one-half of straight time pay shall be paid to all employees covered by this Agreement for time worked in excess of 40 hours of work per week. Overtime consisting of straight time shall be paid to employees for time actually worked in excess of their basic work week to 40 hours of work per week. The computation of overtime shall include base pay, longevity and shift differential, where applicable. Effective January 1, 2002, time and one-half shall be paid for all hours worked over thirty-five (35) hours.
Paid time-off for authorized vacation, holidays, personal days, bereavement days and sick days shall be counted as standard time worked to determine the total number of hours worked per week for purposes of computing overtime under this Article.
An employee shall not be paid overtime unless such overtime is authorized by the employee's supervisor.
An employee who is authorized and required to work on a holiday (as set forth in this Agreement) shall be paid at the rate of time and one-half of straight time pay for time actually worked on said holiday.
The Employer has designated the following days as holidays for the year 2001:
New Year's Day Monday, January 1, 2001
Martin Luther King's Birthday Monday, January 15, 2001
Lincoln's Birthday Monday, February 12, 2001
Washington's Birthday Monday, February 19, 2001
Good Friday Friday, April 13, 2001
Memorial Day Monday, May 28, 2001
Independence Day Wednesday, July 4, 2001
Labor Day Monday, September 3, 2001
Columbus Day Monday, October 8, 2001
Election Day Tuesday, November 6, 2001
Veteran's Day Sunday, November 11, 2001
(celebrated Monday, Nov. 12, 2001)
Thanksgiving Day Thursday, November 22, 2001
Day After Thanksgiving Day Friday, November 23, 2001
Christmas Day Tuesday, December 25, 2001
The Employer has designated the following days as holidays for the year 2002:
New Year's Day Tuesday, January 1, 2002
Martin Luther King's Birthday Monday, January 21, 2002
Lincoln's Birthday Tuesday, February 12, 2002
Washington's Birthday Monday, February 18, 2002
Good Friday Friday, March 29, 2002
Memorial Day Monday, May 27, 2002
Independence Day Thursday, July 4, 2002
Labor Day Monday, September 2, 2002
Columbus Day Monday, October 14, 2002
Election Day Tuesday, November 5, 2002
Veteran's Day Monday, November 11, 2002
Thanksgiving Day Thursday, November 28, 2002
Day After Thanksgiving Day Friday, November 29, 2002
Christmas Day Wednesday, December 25, 2002
The Employer has designated the following days as holidays for the year 2003:
New Year's Day Wednesday, January 1, 2003
Martin Luther King's Birthday Monday, January 20, 2003
Lincoln's Birthday Wednesday, February 12, 2003
Washington's Birthday Monday, February 17, 2003
Good Friday Friday, April 18, 2003
Memorial Day Monday, May 26, 2003
Independence Day Friday, July 4, 2003
Labor Day Monday, September 1, 2003
Columbus Day Monday, October 13, 2003
Election Day Tuesday, November 4, 2003
Veteran's Day Tuesday, November 11, 2003
Thanksgiving Day Thursday, November 27, 2003
Day After Thanksgiving Day Friday, November 28, 2003
Christmas Day Thursday, December 25, 2003
The Employer has designated the following days as holidays for the year 2004:
New Year's Day Thursday, January 1, 2004
Martin Luther King's Birthday Monday, January 19, 2004
Lincoln's Birthday Thursday, February 12, 2004
Washington's Birthday Monday, February 16, 2004
Good Friday Friday, April 9, 2004
Memorial Day Monday, May 31, 2004
Independence Day Sunday, July 4, 2004
(celebrated Monday July 5, 2004)
Labor Day Monday, September 6, 2004
Columbus Day Monday, October 11, 2004
Election Day Tuesday, November 2, 2004
Veteran's Day Thursday, November 11, 2004
Thanksgiving Day Thursday, November 25, 2004
Day After Thanksgiving Day Friday, November 26, 2004
Christmas Day Saturday, December 25, 2004
(celebrated Friday Dec. 24, 2004)
If an aforementioned holiday occurs while an employee is on an authorized sick or vacation leave, the day shall be recorded as a holiday instead of sick or vacation leave.
Holidays do not accrue during any unpaid leave of absence.
An employee absent without pay either the day before or the day after a holiday shall not be paid for the holiday.
Full-time employees on payroll of the Division of Social Services of the employer prior to July 1, 1990 shall be granted vacation leave as follows:
A. One working day for each month or major fraction thereof of employment during the first calendar year of employment.
B. Twelve working days after the first calendar year up to and including 5 years of employment.
C. Fifteen working days after the first 5 years of employment and up to and including the 10th year of employment.
D. Twenty working days after 10 years up to and including 15 years of employment.
E. Twenty-two working days after 15 years up to and including 20 years of employment.
F. Twenty-six working days after 20 years up to and including 25 years of employment.
G. Twenty-eight working days after 25 years of employment.
H. Twenty-nine working days after 26 years of employment.
I. Thirty working days after 27 years of employment.
J. Thirty-one working days after 28 years of employment.
K. Thirty-two working days after 29 or more years of employment.
Full-time employees hired on or after July 1, 1990 shall be entitled to vacation leave as follows:
A. During the first calendar year of employment, employees shall earn 1 vacation day for each month of service during the calendar year following the date of employment.
B. Employees with 1 to 8 years of service shall be entitled to 13 working days.
C. Employees with 8 completed years to 10 years of service will be entitled to 14 working days.
D Employees with 10 completed years to 15 years of service will be entitled to 17 working days.
E. Employees with 15 completed years to 20 years of service will be entitled to 19 working days.
F. Employees with 20 completed years to 25 years of service will be entitled to 21 working days.
G. Employees with 25 completed years of service will be entitled to 28 working days.
H. Employees with 26 completed years of service will be entitled to 29 working days.
I. Employees with 27 completed years of service will be entitled to 30 working days.
J. Employees with 28 completed years of service will be entitled to 31 working days.
K. Employees with 29 or more completed years of service will be entitled to 32 working days.
Part-time employees shall receive vacation credit allowance on a pro-rated basis in accordance with Section 1 above.
The Employer shall have the exclusive right to determine when an employee's vacation shall be scheduled. The Employer agrees to give reasonable consideration to an employee's wishes in this regard. Where conflicts and choice in dates occur, preference will be governed by seniority in so far as effective staffing requirements permit.
An employee who has resigned or who has otherwise separated from employment, except as herein provided, shall be entitled to vacation allowance for the current year pro-rated upon the number of months worked in a calendar year in which this separation becomes effective, in addition to any unused vacation due for the previous year. An employee who retires on a pension based on length of service shall be entitled to the full vacation for the calendar year in which he or she retires.
Whenever an employee dies having to his credit any annual vacation leave, there shall be calculated and paid to his estate a sum of money equal to the compensation figured on his salary rate at the time of death.
Employees serving on a leave of absence do not accrue vacation benefits.
If an employee leaves the County's employ for any reason, before the end of the calendar year after having taken a vacation allowance for the year, he will be charged with the unearned part of his vacation. This charge will be deducted from his final pay check.
Vacations must be taken during the current calendar year unless the Employer determines that it cannot be taken because of the pressure of work, in which case, unused vacation may be carried into the next succeeding year only.
Vacation days may be taken in hourly increments.
Sick leave may be used by employees who are unable to work because of:
Sick leave may also be used by a handicapped employee for absences related to the acquisition or use of an aide for the handicap when the aide is necessary to function on the job. In such cases, reasonable proof may be required by the Employer.
(1) personal illness or injury;
(2) exposure to contagious disease;
(3) care, for a reasonable period of time, of a seriously ill member of the employee's immediate family (spouse, child, legal ward, grandchild, foster child, father, mother, legal guardian, grandfather, grandmother, brother, sister, father-in-law, mother-in-law, and any other relatives residing in the employee's household);
(4) death in the employee's immediate family for a reasonable period of time. Up to 5 days may be permitted when such absence is caused by the death and attendance at the funeral of a spouse or a child and up to 3 days will be permitted during the absence from duty of employees when such absences are caused by the death and attendance at the funeral of any other member of the employee's immediate family as defined above.
Sick days may be taken in hourly increments.
If an employee is absent for reasons that entitle him to sick leave, his immediate supervisor shall be notified promptly. Failure to notify the supervisor may be cause for disciplinary action. Absence without notice for five consecutive days shall constitute a resignation, not in good standing.
A. New employees shall only receive one working day for the initial month of employment if they begin work on the first through eighth day of the calendar month and one-half working day if they begin on the ninth through the twenty-third day of the month.
Sick leave is earned in the following manner:
B. After the initial month of employment and up to the end of the first calendar year, employees shall be credited with one working day for each month of service. Thereafter, at the beginning of each calendar year in anticipation of continued employment, employees shall be credited with fifteen working days.
C. Part-time employees shall be entitled to a proportionate amount of paid sick leave.
D. Paid sick days shall not accrue during a leave of absence without pay or suspension.
E. Sick leave credit shall not accrue after an employee has resigned or retired although his name is being retained on the payroll until exhaustion of vacation or other compensatory leave.
F. When an employee has a record of excessive sick leave use and/or has exhausted such leave during the prior calendar year, the Employer may require the employee to accumulate sick leave on a monthly basis prior to its use. The placement of an employee on such an earned sick leave basis shall be considered non-disciplinary, but shall not preclude the Employer from taking disciplinary action against an employee for excessive use or abuse of sick leave.
G. Unused sick leave shall accumulate from year to year without limit.
An employee who is absent for 5 or more consecutive working days shall be required to submit a physician's certificate as evidence substantiating the illness. In addition, the Employer in its discretion, may require proof of illness of an employee on sick leave whenever such proof appears reasonable.
An employee who has been absent on sick leave for a period totaling 15 days in one calendar year consisting of periods of less than 5 days shall submit acceptable medical evidence for any additional sick leave in that year unless such illness is of a chronic recurring nature causing an employee's periodic or repeated absence from duty for one day or less in which event only one medical certificate shall be required for every six months. The medical certificate must certify that the chronic or recurring nature of the illness is likely to cause such subsequent absences from employment.
The Employer may require an employee who has been absent because of personal illness, as a condition of his return to work, to be examined by a physician at the expense of the Employer.
Section 7. Payment For Any Unused Sick Leave Upon Retirement:
Employees shall be entitled to payment for any unused sick leave upon retirement in accordance with the following requirements:
Eligibility for payment under this program requires that an employee must retire with at least 25 years of service solely with the Division of Social Services (including any time served with the former Board of Social Services) and must be at least age 55 and must have at least 100 accumulated sick days to his/her credit upon the effective date of retirement.
B. Additional rules and regulations applicable to eligibility for this benefit are annexed hereto as Exhibit A.
A. Effective January 1, 1998, employees who are eligible for this benefit and who have 25 or more years of service solely with the County of Union, (including any time served with the former Board of Social Services) shall be compensated as follows:
100 – 200 accumulated sick days at 50% of the employee's daily rate of pay for each day of earned and unused sick leave to a maximum of Ten Thousand ($10,000.00) Dollars.
201 – 300 accumulated sick days at 60% of the employee’s daily rate of pay for each day of earned and unused sick leave to a maximum of Twelve Thousand Five Hundred ($12,500) Dollars.
301 – 400 accumulated sick days at 70% of the employee’s daily rate of pay for each day of earned and unused sick leave to a maximum of Fifteen Thousand ($15,000) Dollars.
Over 401 accumulated sick days at 80% of the employee’s daily rate of pay for each day of earned and unused sick leave to a maximum of Eighteen Thousand ($18,000) Dollars.
PERSONAL BUSINESS AND RELIGIOUS LEAVE
Employees on the payroll of the Division of Social Services of the Employer prior to July 1, 1990 shall earn personal leave as follows:
A. During the first calendar year of employment a full-time employee shall earn 1 day for every 3 months of - 18 employment up to a maximum of 3 days for the calendar year.
B. After the completion of 5 years of continuous employment, full-time employees shall be granted a total of 4 personal leave days per year. This additional personal day shall be effective on the date of the employee's 5th anniversary and must be used by December 31 of the year in which this additional personal day accrues. For purposes of this paragraph only, continuous service means employment without a break in service (defined herein as a resignation or removal between periods of employment).
Employees hired on or after July 1, 1990 shall be entitled to personal business and religious leave as follows:
Employees who are employed less than 1 year are entitled to be granted up to 3 personal days all for personal business as hereinafter defined or for religious reasons in accordance with the Schedule hereinafter set forth;
Employees who have been employed for more than 1 year are entitled to be granted up to 3 days per year without reference to any schedule. Employees must make application for such personal
business or religious leave stating the reason for the request of the leave as far in advance as possible. The request by the employee shall be directed to the Director of the Division of Social Services. The leave may only be taken if the Director of the Division of Social Services approves and grants said leave, and if for business reasons the applicant must demonstrate that the business purpose could not be scheduled after working hours. The following schedule shall only apply to employees with less than 1 year of employment:
A. One day after 4 months of employment.
B. One additional day after 8 months of employment.
C. The third day may be granted between the 10th and 12th month of employment.
Personal leave days must be taken as whole days or half days. Employees who work on a compressed work week schedule will not lose hours from personal and religious leave entitlement solely because of the compressed week work schedule. Effective January 1, 2002, personal days may be taken in hourly increments.
No personal leave shall be applied for, approved or granted immediately before or after any vacation period, holiday period or weekend, except under extraordinary circumstances.
Days of leave as provided herein must be used in a 1 year period and shall not be cumulative from year to year.
DEATH IN THE FAMILY
Full-time employees shall be entitled to 5 days with pay commencing with the date of death during the absence from duty caused by the death and attendance at the funeral of a spouse or child.
Full-time employees shall be entitled up to 3 days with pay commencing with the date of death during the absence from duty caused by the death and attendance at the funeral of the employee's mother, father, sister, brother, grandparents, grandchildren, mother-in-law, father-in-law or other relative residing in the employee's household.
An employee summoned for jury duty shall receive his regular pay from the Employer for such period. Such employee shall report for his regular work while excused from such attendance in court unless it is impossible or unreasonable for him to do so.
Any payment received for jury duty must be returned to the Employer through the Director of the Division of Social Services less allowance for travel and meal expense.
LEAVE OF ABSENCE WITHOUT PAY
A leave of absence without pay for medical reasons including maternity leave may be granted after use of all earned sick time.
A leave of absence without pay for other than medical reasons may be granted only after use of all earned vacation and personal days.
Application for such leave of absence set forth in this Article shall be made in writing to the Director of the Division of Social Services. Application for a leave of absence without pay for medical reasons shall have attached thereto a physician's certificate setting forth the medical condition necessitating such leave. The approval of such request for a leave of absence without pay shall be in the sole discretion of the Director of the Division of Social Services.
An employee who is granted a leave of absence without pay may continue in the Employer's health benefits plan (hospitalization/major medical coverage) for a period of 9 months following the end of the month when the employee's name is removed from the payroll. In order to continue this coverage, the employee must pay the total premium when billed. Failure to do so will disqualify the employee from coverage. If an employee decides not to continue coverage during the leave without pay, the employee may re-enroll in the plan after return to active employment. The coverage will be effective on the first day of the first month following the employee's return to work.
Coverage under the Employer's prescription plan is not available during a leave of absence without pay. The prescription card must be turned in to the Director of the Division of Social Services on the day that the leave of absence without pay begins. The prescription card will be returned to the employee by the Director on the employee's first day of return to full-time employment.
Dental coverage is terminated on the first of the month following the month in which the leave of absence without pay takes place. Coverage is not available under the Employer's dental plan during a leave of absence without pay. The coverage will be restored on the first of the month following the employee's return to full-time employment.
All provisions of Sections 1 through 4 of this Article will be modified as required to comply with the provisions of the Family and Medical Leave Act (FMLA) and the New Jersey Family Leave Act (NJFLA) where such statutes are applicable.
While temporary employees may be granted a leave of absence without pay as herein provided in accordance with Department of Personnel Rules and Regulations, the Employer shall not be responsible to hold a job for the said employee.
A pregnant employee who requests a maternity leave of absence shall be required to apply to the County Manager in writing for such leave. The request shall be made as soon as the employee has received medical proof that she is pregnant and the request shall contain the date when the employee desires the maternity leave to commence and a return date which shall not exceed 90 days from the date of the delivery of the child; provided, however, the period shall be extended if medical proof is submitted to support the grant of an extension beyond 90 days. The request for the leave shall be accompanied by a written medical statement that the date of the requested commencement of the leave of absence will not be harmful to the health or well being of the employee. In the event that a doctor, designated by the Employer, advises the Employer that the employee is incapable of continuing her duties, the Employer may then demand commencement of the leave at a time earlier than requested.
The Employer shall consider the employee's requested date of return. However, the Employer's determination shall be final and binding upon the employee. No employee shall be required to return in less than 60 days from the date of delivery of the child nor may a maternity leave exceed 90 days in duration; provided, however, the period shall be extended if medical proof submitted to support the grant of an extension beyond 90 days. When the Employer approves any maternity leave, it shall do so in writing designating the term of the leave and a return date for the employee to return to work.
In the event that normal conditions attendant upon pregnancy and birth do not prevail, the employee may apply to the Employer for permission to return to her position prior to the termination of the period for which the leave is granted.
If an employee fails to return to work on the termination of the leave, the employee will be considered as having resigned.
While temporary employees may be granted a maternity leave as herein provided in accordance with Department of Personnel rules and regulations, the employer shall not be responsible to hold a job for the said employee.
Employees shall be covered under the County health benefit plan with Blue Cross/Blue Shield Plan of New Jersey or, at the election of the employee, enrollment in Physicians Health Services, an approved HMO, the latter being at the employee's additional cost. The Employer reserves the right to change insurance carriers or to change or modify existing coverage at any time during the term of this Agreement, provided that the coverage is substantially similar to the coverage then in effect. The Employer will give notice to the Union of its intention to change any such coverage.
The following provisions applicable to the health insurance coverage shall be maintained during the term of this Agreement.
(a) Deductibles shall be increased to $200 per person and $400 per family;
(b) Co-insurance for major medical insurance shall be 80%/20% up to $5,000.00, and thereafter 100% coverage;
(c) Pre-Admission Review with 50% cut back for non compliance shall be implemented.
(d) Cost-sharing or employee contributions of premium for dependent coverage in the amount of $10.00 per month for any increase in the average cost per employee in 1994 over 1993.
Effective October 1, 1995 or as soon thereafter as possible, the Blue Cross/Blue Shield Health Insurance coverage program known and designated as "Blue Select" and interchangeably as “Horizon PPO” will replace the traditional indemnity health insurance coverage currently being provided by the Employer. Employees who retire after the implementation of the "Blue Select" plan will be able to submit prescription charges to that plan in the same manner and under the same terms and conditions as current retirees are able to submit their prescription charges.
A co-pay for doctor office visits in the amount of $5.00 per incident shall be implemented for all employees in this plan for 2001 and 2002. A co-pay for doctor office visits in the amount of $10.00 per incident shall be implemented for all employees in this plan for 2003 and 2004. The deductible shall be reduced to $100/$200 in 2003.
Out of Network cost share shall be changed from 80/20 reduced to 70/30 (County/Employee respectively) for all employees effective when contract is signed.
Incumbent Employee Health Benefit Contribution shall be applied to all employees regardless of plan as follows:
55K to 74,999K - $25 per month
Over 75K - $30 per month in 2001
Over 75K - $35 per month in 2002
Over 75K - $40 per month in 2003
Over 75K - $40 per month in 2004
New Employee Health Benefit Contribution: New employees keep the plan type they enter the unit with.
Section 2. Prescription Plan
There will be a Drug Prescription Plan as follows:
(a) Co-payment provisions shall be:
$10.00 co-pay per prescription for brand name where generic is available;
$5.00 co-pay per prescription for brand name where no generic is available or brand name is required by doctor; $3.00 co-pay per prescription for generic;
No co-pay for mail order prescription.
he prescription network known as Medcoll (CCN II Network) will be implemented.
The Employer reserves the right to change insurance carriers or to change or modify existing coverage at any time during the term of this Agreement, provided that the coverage is substantially similar to the coverage then in effect. The County will give notice to the Union of its intention to change any such coverage.
Qualified retirees as set forth in Section 4 below shall be eligible for the same prescription coverage.
Effective January 1, 2001, Co-pay to be adjusted for all active employees:
Mail Order - $3
Generic - $5
Single Source - $10
Multiple Source - $15
Section 3. Dental Coverage:
Employees shall be covered by the County dental program with New Jersey Dental Service Plan Group No. 3238 (herein the base plan). The Employer reserves the right to change insurance carriers or to change or modify existing coverage at any time during the term of this Agreement, provided that the coverage is substantially similar to the coverage then in effect. The Employer will give notice to the Union of its intention to change any such coverage.
Effective January 1, 1996, employees covered by this Agreement shall have the option to maintain the existing plan or obtain an improved dental plan, either single or family, that provides coverage on an 80/20 percent basis up to $1000.00. Employees shall also have an option to select coverage under the Delta Care Plan GHMO or Health Plex Plan. Employees who opt for any of these coverages shall pay the full cost difference that exceeds the Employer's cost of the base plan.
Effective upon the next enrollment period following the execution of this Agreement, the County will provide employees with the sum of fifty dollars ($50.00) per annum in lieu of disability to be used towards the cost of optional Dental coverage if such coverage is selected by the employee. If an employee does not elect optional Dental coverages, employees will not be entitled to the fifty dollar ($50.00) subsidy.
Section 4. Retiree Benefits:
A. The hospitalization insurance subsidy plan shall be maintained for all employees covered by the recognition clause of this collective agreement who retire subject to the following terms and conditions:
(1) Employees must have been actively employed by the Employer on or after July 1, 1987 and must retire on either a disability pension or after having reached the age of 55 years and having 25 years or more of service with the Employer, or retire and reach the age of 62 years or older with at least 15 years of service where the retirement has been shown to the reasonable satisfaction of the employer to have been necessitated by medical illness or disability of the employee. Employees who otherwise qualify for coverage but who retire before age 55, shall be entitled to receive coverage under this plan upon reaching age 55. This benefit will only be provided to those retirees meeting the eligibility requirements who do not have hospitalization insurance coverage from another source, and eligible retirees shall cooperate in good faith with the Employer to verify that no other source of insurance coverage is provided for them.
(2) This benefit shall be applied to the hospital insurance plan which is provided to members of the negotiating unit. The Employer reserves the right to change insurance carriers or to change or modify coverage provided the coverage is substantially similar to the coverage then in effect.
(3) Upon implementation of this benefit, the Employer shall be obligated to subsidize the cost of the health insurance premiums for qualifying retirees of the health benefits set forth as follows:
Category County's Subsidy
Single, Under 65 $
57.18 189.67 per month
Single, Over 65 $
35.29 138.39 per month
H/W Under 65 $
155.57 540.58 per month
Family Under 65
H/W Spouse Over 65
H/W Over 65 $
71.55 276.77 per month
H/W Retiree Over 65 $
87.16 276.77 per month
Family Over 65 $
127.81 442.88 per month
Family Retiree Over 65 $
149.86 477.85 per month
Family Spouse Over 65
P/C Retiree Over 65 $
104.14 338.69 per month
The remaining costs of the said health insurance plan shall be borne by the retiree.
Health Insurance Benefit costs will be provided by the County for currently active employees who retire after September 1, 1995, with 25 or more years of service and who have reached 65 years of age. Said retiree health insurance benefits for eligible retirees and their eligible dependents shall be paid only for the Blue Select Program and shall be capped at the 1995/1996 rate. Any cost increases thereafter shall be paid by the retiree.
(B) In the event that the amount of the Employer's contribution is subsequently reduced or even eliminated in successor agreements, the change in practice shall apply to those persons already retired. Similarly, in the event that the said health insurance plan is changed or modified in any way in successor agreements, the new plan shall apply to the retirees.
Section 5. Disability
The County will contribute $100 per year towards and agreed upon temporary disability plan.
The purpose of this procedure is to secure, at the lowest possible level, equitable solutions to the problems which may arise affecting the terms and conditions of this Agreement. The parties agree that this procedure will be kept as informal as may be appropriate.
Nothing contained herein shall be construed as limiting the right of any employee having a grievance to discuss the matter informally with any appropriate member of the Division of Social Services and having the grievance adjusted without the intervention of the Union.
A. A misinterpretation or misapplication of the terms of this Agreement which is subject to the grievance procedure outlined herein and shall hereafter be referred to as a "contractual grievance"; or,
The term "grievance" shall mean an allegation that there has been:
B. Inequitable, improper, unjust application or misinterpretation of rules or regulations, existing policy, or orders applicable to the Division of Social Services which shall be processed up to and including the County Manager and shall hereinafter be referred to as a "non-contractual grievance".
Employees shall have the right to present their own grievances, individually or by an attorney or to designate a Union representative to appear with them. The Employer agrees that there shall be no loss of pay for the time spent in presenting the grievance by the aggrieved person, essential witnesses, if any, who are employees of the Division of Social Services and one Union representative who is an employee of the Division of Social Services throughout the grievance procedure.
The following constitutes the sole and exclusive method for resolving grievances between the parties covered by this Agreement.
A Union representative may participate at the request of either party.
Step 1: An aggrieved employee shall file a written and signed grievance with the Welfare Director within 5 working days of the occurrence giving rise to the grievance or within 5 working days after the aggrieved employee should have reasonably known of its occurrence. Failure to file the grievance within the allotted time period shall be deemed to constitute an abandonment and waiver of the grievance.
Step 2: If the aggrieved employee is not satisfied with the disposition of the grievance at Step 1, or if no written decision has been rendered within 5 working days as set forth at Step 1, the grievance shall be referred by the aggrieved to the Director of the Department of Human Services or his designee within 5 working days from the date a written decision was or should have been rendered at Step 1. Failure to move the grievance within the aforesaid time shall constitute an abandonment and waiver of the grievance.
A Union representative may participate at the request of either the employee or the Welfare Director.
The Welfare Director shall meet and confer with the aggrieved employee and shall render a written decision to the grievance within 5 working days after any such meeting.
The cost of the arbitrator shall be borne equally by the parties.
Step 3: If the aggrieved employee is not satisfied with the disposition of the grievance at Step 2, or if no written decision has been rendered within 5 working days as set forth in step 2, the aggrieved employee may file the grievance together with all supporting documentation with the County Manager or his/her designee within 10 working days after the written decision was or should have been rendered at Step 2. Failure to file within the aforesaid time shall constitute an abandonment and waiver of the grievance.
The Director of the Department of Human Services or his designee shall meet and confer with the aggrieved employee and shall render a written decision to the grievance with 5 working days after such meeting.
Step 4: If the aggrieved employee is dissatisfied with the decision of the County Manager or his/her designee concerning a contractual grievance, the Union may within 10 working days of the receipt of the decision, or within 10 working days of when the decision should have been received, request binding arbitration, consistent with Department of Personnel laws, rules and regulations. If no such request is made within the stated time, the grievance shall be deemed to have been abandoned and waived and shall not be entitled to be submitted to arbitration.
A Union representative may participate at this step at the request of either party.
The County Manager or his/her designee shall meet and confer with the aggrieved employee and shall render a written decision to the grievance within 15 working days after its receipt or any such meeting, whichever is later.
The decision of the County Manager or his/her designee shall be final and binding as to all non-contractual grievances.
A request for binding arbitration shall be initiated by mailing a written demand for such arbitration to the N ew Jersey State Board of Mediation, 50 Park Place, Newark, New Jersey with a copy of the demand being mailed to the County Manager and to the Director of the County Department of Personnel. The written demand shall request the New Jersey State Board to submit duplicate panels of arbitrators to the Union and to the County Manager so that they may exercise their right of selection and file same directly with the New Jersey State Board of Mediation pursuant to its rules.
The decision of the arbitrator shall be binding and shall be in writing setting forth his findings of facts, reasons and conclusions on the issue(s) submitted.
No one arbitrator shall have more than one grievance submitted to him, and under consideration by him, at any one time unless the parties otherwise agree in writing. A grievance shall be considered under consideration by an arbitrator until he has rendered his written decision.
In the event of the submission of any matter for arbitration as herein provided, the arbitrator shall have no right or power to alter or modify the terms of this Agreement or to impose upon the Employer any obligation or liability not expressly assumed by the Employer under the provisions of this Agreement; nor may the arbitrator deprive the Employer of any right reserved, expressed or implied, by it for its benefit hereunder.
Employees hired on or after January 1, 1973 shall have no entitlement to longevity pay.
The existing longevity plan as adopted by the Employer for employees hired prior to January 1, 1973 shall remain in effect.
In accordance with Title 52:14-15.9e of the New Jersey Statutes Annotated, the Employer, upon receipt of a duly executed authorization-assignment form acceptable to the Employer, agrees to deduct from the third pay check each month, of employees covered by this Agreement who have executed said form, the established monthly dues of the Union. It is further agreed that the Employer shall remit such deductions to the Union prior to the tenth day of the month following the month for which such deduction is made. Dues shall be such amounts as may be certified to the Employer by the Union at least thirty (30) days prior to the date on which deduction of Union dues is to be made.
In accordance with Title 52:14-15.9e of the New Jersey Statutes Annotated, employees included in the negotiating unit may only request deduction for the payment of dues to the duly certified majority representative, Local 102 International Brotherhood of Teamsters.
The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders or judgments brought or issued against the Board or the Union under the provisions of this Article.
The Union shall advise the Employer in writing of the name of its representatives, the place of employment from which they are designated and the term for which they are to serve in the representative capacity.
The Union shall neither solicit members nor conduct any union business on the Employer's property during employer-assigned work schedules of either the representative of the Association or the employee(s) involved, except for the following:
A. Collective negotiations.
B. Time spent conferring with management or employees on specific grievances as specified in the grievance procedures, provided that there shall be no unreasonable interference with work assignments, and in the event of a conflict, the work assignments shall have priority.
Before any Union representative may leave his assigned duties for union business (as set forth above), permission shall be obtained from the Director of the Division of Social Services or his designee. When an authorized representative is excused from his assigned duties he/she shall:
A. Notify the supervisor of any Employer facility visited on arrival;
B. Notify his/her supervisor or designated representative upon return to the job;
C. Record his/her time out and time in with the supervisor upon leaving and returning to the job.
Officers or delegates of the local Union, upon one (1) week advance written notice and with the approval of the Director, Division of Social Services, will be allowed by the Employer to take a total not to exceed in the aggregate, twenty-five (25) days leave with pay per contract year to participate in union conferences, conventions, and to conduct other Union business.
An employee who has been grandfathered (i.e., on payroll prior to July 1, 1990) pertaining to certain benefits under this Agreement shall lose the grandfather status if he/she is employed in a non-bargaining unit position for more than 3 continuous years.
ARTICLE 21 HEALTH AND SAFETY
The Employer and the Union agree that maintenance of a healthy and safe working environment is in their mutual best interest. The Employer agrees to the formation of a Health and Safety Committee to be composed of two members designated by the Union, two members and a Chairperson designated by the Director of the Department of Human Services. The Committee will meet not more than monthly, and for not more than two hours, upon either the Employer or the Union presenting the other with a written agenda of items sought to be discussed. The Committee shall have the function of advising the Employer as to safety and health issues involving employees and it will propose solutions for those problems. The Employer reserves to itself the final determination regarding any action to be taken.
When a health and safety violation occurs that requires corrective action by a landlord, the Director of Human Services will promptly notify the landlord of the problem, and provide the Union with a copy of the notice. The Union will be informed of the response of the landlord within two working days after receipt. The Employer will make every reasonable attempt to:
(a) Maintain comfortable room temperatures,
(b) Maintain adequate humidity levels, and
(c) Maintain and clean the ventilation system on a regular basis.
If the parties are unable to resolve issues which arise under this Article, the issues may be submitted to the grievance procedure.
The Employer will provide the Union with a list of products which it uses for cleaning, exterminating and its duplication equipment.
If any provision of this Agreement should be held invalid by operation of law or by any tribunal of competent jurisdiction, including but not limited to the New Jersey Department of Personnel, or if compliance with or enforcement of any provision should be restrained by any such tribunal pending a final determination as to its validity, such provision shall be inoperative but all other provisions shall not be affected thereby and shall continue in full force and effect.
This Agreement represents and incorporates the complete and final understanding and settlement by the parties of all bargainable issues which were or could have been the subject of negotiation. During the term of this Agreement, neither party will be required to negotiate with respect to any such matter, whether or not covered by this Agreement, and whether or not within the knowledge or contemplation of either or both at the time they negotiated or signed this Agreement.
If, during the term of this Agreement, the State of New Jersey, the federal government or any governmental agency mandates minimum benefits in any area, the parties agree to reopen negotiations to bargain commensurate decreases in any other benefits.
This Agreement shall be in full force and effect as of January 1, 2001 and shall remain in effect through December 31, 2004. If either party wishes to reopen negotiations for a successor agreement, written notice to that effect must be given to the other party no sooner than 150 days nor later than 120 days prior to the expiration of this Agreement.
WITNESSETH: THE COUNTY OF UNION
Joseph L. Salemme, Director Michael J. Lapolla, County Manager
TEAMSTERS UNION LOCAL NO. 102/
COUNTY OF UNION
UNUSED SICK LEAVE
1. EFFECT ON OTHER RETIREMENT BENEFITS:
The lump sum supplemental compensation provided herein for accumulated sick days shall in no way affect, increase or decrease any pension or retirement benefits to such retired employee under any other statute.
a) no employee who elects a deferred retirement benefit shall be eligible.
b) an individual may defer his request for lump sum payment but it must be submitted within one year of the effective date of any retirement.
4. DEATH OF AN EMPLOYEE:
An employee must retire with at least twenty-five (25) years of service solely with the Employer (including any time served with the former Board of Social Services) and must be at least age 55, and must have at least one hundred (100) accumulated sick days to his or her credit upon effective date of retirement to be eligible for this benefit.
5. DISABILITY RETIREMENT:
In the event of an employee's death within one year after the effective date of retirement but before payment of the lump sum is made, the payment of the lump sum shall be made to the employee's estate. It should be noted that retirement is contingent upon the employee surviving 30 days after the effective date of retirement.
6. RETURN TO SERVICE AFTER RETIREMENT:
County employees who retire as a result of an accidental or ordinary disability retirement, and who meet all of their applicable regulations will be considered eligible for lump sum sick leave reimbursement upon retirement for unused sick leave. If such employees receive lump sum payment and subsequently reenter County employment, they will not be eligible to have their unused sick leave reinstated to their records. Employees re-entering County Service subsequent to an accidental or ordinary disability retirement will begin earning sick leave in a manner similar to a newly hired employee.
7. LEAVE WITHOUT PAY:
Any employee who has or shall retire on age and service and who subsequently re-enters County employment will be considered to have incurred a break in service.
In determining an individual's eligibility, leave without pay shall not be counted towards the requirement of 25 years service with the County; prior service with other governmental entities shall also not be counted toward the requirement of 25 years service with the County.
1. Sick leave credit shall be computed from the date of employment; or if a break in service has occurred, only from the date of return to employment following the break in service except that an employee who has or shall incur a break in service as a result of separation due to lay-off shall be credited with sick leave accrued before separation and after return to employment.
2. The amount shall be computed at the rate
of 1/2 the employee's daily rate of pay listed below for each day of earned and unused accumulated sick leave at the effective date of retirement based upon the average annual compensation received during the last full year of the employee's active employment prior to the effective date of retirement. Overtime, shift, differential, stipends or other supplemental pay shall not be included in the computation.
3. In no event shall payment for unused accumulated sick leave exceed the amount listed below.
$10,000.00. Effective , January 1, 1998, employees who are eligible for this benefit and who have 25 or more years of service solely with the County of Union (including any time served with the former Board of Social Services) shall be compensated at one-half (1/2) the employee's daily rate of pay for each day of earned and unused sick leave to a maximum of Ten Thousand ($10,000.00) Dollars.
4. In computing the total amount of unused accumulated sick leave pay due, periods of leave of absence without pay shall be excluded in the computation.
100-200 accumulated sick days – 50% of the daily rate, maximum of $10,000
201-300 accumulated sick days – 60% of the daily rate, maximum of $12,500
301-400 accumulated sick days – 70% of the daily rate, maximum of $15,000
Over 401 accumulated sick days – 80% of the daily rate, maximum of $18,000
5. The lump sum supplemental compensation payment shall be made within 60 days after the date of retirement, if possible.
6. A retiree must be officially off the County's payroll at the time of payment.
9. GENERAL PROCEDURES:
10. EMPLOYEES NOT IN THE CLASSIFIED SERVICE:
a) An employee who is about to retire should follow the regular procedures concerning retirement. When the employee receives a copy of the official notice of retirement approval issued by the approved pension board or authority, the employee may file a request with the County Personnel Office requesting the supplemental lump sum
5) All sick leave was reportable and reported accordingly.
a) The eligibility of an employee will be determined by such class title held at any time during the employee's employment with the County of Union. Eligibility of class title will not be approved unless the following standards and guidelines have been adhered to:
1) Sick leave days were earned by all employees within that class title on the basis of one working day per month during the remainder of the first calendar year of employment after initial appointment and 15 working days per calendar year thereafter.
2) Proof of need of sick leave usage was required when sick leave exceeded at least five consecutive days or a total of 10 days within one calendar year.
3) Sick leave was not advanced against anticipated sick leave to be earned in the next or future calendar years.
4) Sick leave or some other earned leave was charged for all compensable days when the employee was not working.
8) All records are available for inspection.
6) The time-keeping procedure required certification of the accuracy of the employees pay time.
7) Sick leave records for each employee were maintained from the original date of appointment at one or more central points under the jurisdiction of the appointing authority with proper security and verification for use and accrual.
9) Where other types of leave with pay or holidays or days off with pay were granted which were in excess of leave provided to classified employees, a detailed explanation of the character and extent of such practices shall be provided.