Contract Between
- and -
IBT Loc 97
* * *
07/01/2009 thru 12/31/2012

UnitCrossing Guards

Contract Text Below







                          Eric M. Bernstein & Associates, L.L.C.
34 Mountain Boulevard, Building A
P.O. Box 4922
Warren, NJ 07059-4922
Phone: (732) 805-3360
Fax: (732) 805-3346





2 Recognition 1

3 Wages and Stipend 2

4 Days and Hours of Duty 3

5 Absence from Duty 4

6 Grievance Procedure 4

7 Management Rights 5

8 Uniform and Uniform Allowance 6

9 Prescription Drug Plan 7

10 Training 9

11 Physical Examinations 9

12 Protection of Property and Equipment 9

13 Union Activities 9

14 Dues Deductions/Agency Shop 9

15 Assignments 10

16 Duration 11

Signatures 11

Exhibit A 12


This Agreement entered into this _____ day of __________________, 2011, by and between the CITY OF HACKENSACK, New Jersey, hereinafter referred to as the “City”, and the HACKENSACK SCHOOL TRAFFIC GUARDS, TEAMSTERS LOCAL 97 OF NEW JERSEY, hereinafter referred to as the “Union”.
1.1 General
In order to increase general efficiency within the Police Department of the School Traffic Guard Unit; to maintain the existing harmonious relationship between the City and its employees and to promote the morale, rights, well-being, and sincerity of the Department, the City and the Union hereby agree as follows:
1.2 Public Employees
The Union and the individual members of the Union are to regard themselves as public employees and are to be governed by the highest ideals of honor and integrity in all their public and personal conduct in order that they may merit the respect and confidence of the general public.
2.1 The City of Hackensack hereby recognizes the Teamsters Local 97 of New Jersey as the sole and exclusive representative of all regularly employed School Traffic Guards employed by the City, excluding managerial executives, confidential employees, police, professional employees, craft employees and supervisors within the meaning of the Act (Reference RO-88-196).
2.2 The definition of a “regularly employed” School Traffic Guard shall be any guard employed on a regular basis with an assigned post, as opposed to an “alternate employee”.
2.3 The definition of an “alternate employee” shall be any guard employed without an assigned post and who is not required to work a regular schedule of hours/days. “Alternates” are normally utilized to fill-in when a regular guard is absent.
2.4 “Alternate employees” shall be excluded from this contract.
3.1 The hourly wage rates for all employees covered by this Agreement shall be as set forth on “Exhibit A”. However, the following salary provisions apply for the duration of this Agreement:
          Effective July 1, 2009 and retroactive to July 1, 2009, the employees in the bargaining unit who are not at Step 6 of the existing salary guide shall continue to progress through said salary guide for all three (3) years of the contract. For those employees who do not reach Step 6 of the salary guide by June 30, 2011, their maximum salary shall be fixed at $15.52 per hour for the duration of the contract. Any retroactive salary increases shall apply only to those who are on the payroll as of June 8, 2011, the date of the execution of this Memorandum of Agreement.

          Effective July 1, 2009 and retroactive to July 1, 2009, the employees in the bargaining unit who have reached Step 6 of the salary guide before June 30, 2011 shall receive the following salary hourly increases:
              Effective July 1, 2009, the hourly rate of said employees shall increase to $15.82/hour;
              Effective July 1, 2010, the hourly rate of said employees shall increase to $16.02/hour; and,
              Effective July 1, 2011 through December 31, 2012, the hourly rate of said employees shall increase to $16.22/hour.
3.2 Perfect Attendance Stipend –
Each covered employee assigned to a post, shall receive an additional stipend of Thirty Dollars ($30.00) per month, payable in July or upon termination, for each month the employee reports to and completes all of his/her regularly assigned duties. The maximum allowable stipend shall be Three Hundred Dollars ($300.00) per school year.
3.3 Minimum Hours Per Day –
Effective upon contract execution, employees shall only be paid for hours actually worked at their scheduled duty assignments while school is in session. However, employees who work less than three and one-half (3 ) hours on a scheduled work day will received three and one half (3 ) hours pay for any such day, provided that the employee completes all of his/her assigned duties for that day. This guarantee of three and one half (3 ) hours minimum pay per work day shall not apply to special duty assignments or when schools are closed for any reason.
3.4 Snow Days
Effective upon contract execution, the City agrees that on those days wherein the Hackensack School System is closed due to snow, each School Traffic Guard actively employed and assigned to a post shall receive pay of one (1) hour for that snow day, without respect to notification of school closing.
The maximum number of snow days per school year shall be four (4).
4.1 The days of duty and hours of work at the various crossing posts shall be established by the Police Department to insure the safety of school children during the school year.

5.1 In the event that an employee is unable to report for duty at any of his/her assigned daily duty periods, he/she must notify (by telephone) the Traffic Division of the Police Department within one (1) hour prior to the time set fort he employee to be at his/her post.
5.2 When an employee does not report for duty for a period of greater than three (3) days or totaling more than ten (10) days in a six (6) month period, he/she shall: (1) require proof of inability to work by submitting such to the employee’s supervisor and, if requested, a certificate signed by a reputable physician in attendance, to the effect that the said employee was not, on the date or dates of their absence, physically able to perform any duty connected with his/her job; and, (2) subject the employee to discipline, up to and including termination. If requested, the employee shall submit to an examination by a physician appointed by the City to substantiate such illness.
5.3 Failure to supply the required medical certifications are grounds for termination of employment.
6.1 The purpose of the grievance procedure shall be to settle all grievances between the City and the Union as quickly as possible, so as to insure efficiency and promote employee’s morale.
6.2 A grievance shall be defined to mean an alleged violation by an employee, group of employees, or the Union or by the City of a specific provision of this Agreement.
6.3 No settlement of a grievance presented by an employee shall contravene any provisions of this Agreement.
      (A) Within seven (7) calendar days of the transmittal of the written answer by the Department Head, either party may then request a hearing before the City Manger. If such a hearing is requested, it shall be held within fourteen (14) calendar days of such request and an answer shall be submitted by the City Manager within seven (7) calendar days of the conclusion of the hearing.

      (B) Either party may appeal the City Manager’s decision to the Civil Service Commission or the Public Employment Relations Commission, whichever is applicable but not to both, within twenty (20) calendar days of the City Manager’s decision. Only the Union may bring a matter to arbitration, not the employee(s). The authority of the arbitrator shall be limited to the interpretation and application of this Agreement. The arbitrator shall have no power to add to, modify and/or subtract from the terms and conditions of this Agreement.
6.4 The decision of the arbitrator shall be final and binding on all parties, subject to approval pursuant to law. The costs of the arbitration shall be borne equally by the parties, who shall be responsible for their own costs and expenses.
6.5 Irrespective of the above, failure to file a response by the City at any step in the timeframe(s) established shall be deemed a denial. Failure to file at any step of the process by the Union shall be deemed a withdrawal of the grievance.
7.1 a. The Union recognizes that the City may not, by agreement, delegate authority and responsibility which by law are imposed upon and lodged with the City.
b. The City reserves to itself sole jurisdiction and authority over matters of policy and retains the right, in accordance with the laws of the State of New Jersey and the rulings of the New Jersey Civil Service Commission to do the following:
              To direct employees of the City.
              To hire, assign, promote, transfer and retain employees covered by this Agreement with the City or to suspend, demote, discharge, or take disciplinary action against employees.
              To make work assignments and work and shift schedules.
              To relieve employees from duties because of lack of work, or other legitimate reasons.
              To maintain the efficiency of the City operations entrusted to them.
              To determine the methods, means and personnel by which such operations are to be conducted.

8.1 Each covered employee must wear the prescribed uniform each day on duty and must keep the uniform clean and presentable.
8.2 Prescribed uniform shall be defined as follows and provided as noted:
Hat City
Badge City
Stop Sign City
Whistle City
Reflective Vest City
Lt. Blue Shirt Employee
Black Neck/Bow Tie Employee
Blue Jacket Employee
Blue Slacks/Skirt Employee
Black Shoes Employee
Orange Coat City

8.3 All City provided uniform components shall remain the property of the City and must be returned to the Police Department, cleaned and in good repair at the end of the school year or upon termination. Failure to return said items cleaned and in good repair to the Police Department may subject the employee to an assessment for cleaning, repair or replacement of said item(s).
8.4 The Hackensack Police Department shall determine the prescribed uniform for all School Traffic Guards for the different seasons of the work period.
8.5 Failure to properly use safety equipment while on duty constitutes a serious safety hazard and will subject the employee to disciplinary procedures, up to and including termination.
9.1 The City and the Union agree to provide a group prescription plan for eligible employees administered by General Prescription Programs, Inc., through Teamsters Local 97, 485 Chestnut Street, Union, New Jersey 07083 under the following provisions:
    The City agrees to pay an amount as shown below per eligible employee, per month, to Teamsters Local 97 Benefit Fund, for the drug prescription plan.
    Effective Date Amount
    July 1, 2009 through July 31, 2012 $110.00
      The parties agree to reopen the contract, as of August 1, 2012, for purposes of discussion of the cost of the Prescription Plan. Any cost increases during the term of the Agreement shall be borne by the Union members.
    An “eligible employee” shall be defined as any School Traffic Guard who has completed three (3) full calendar months of consecutive employment prior to enrollment in the prescription drug plan. Additionally, three (3) monthly contributions must be made to the Teamsters Local 97 Benefit Fund before the coverage begins on the first (1st) day of the fourth (4th) month if a contribution is due for that fourth month.
        An eligible employee’s plan coverage shall continue during the period of summer recess, but will be terminated if the eligible employee fails to report for work when the school session commences the next fall.
        An eligible employee’s plan coverage will terminate upon termination of employment and during any period wherein said employee is on a leave of absence for greater than thirty (30) days.
        An eligible employee who terminates employment and later returns shall complete three (3) full calendar months of employment before becoming eligible for plan enrollment.
    The Prescription Drug Plan shall cover the eligible employee, his/her spouse and eligible dependant children until their nineteenth (19th) birthday. A dependant who is a full-time student (12 credits) shall be covered up to their twenty-third (23rd) birthday.
    The eligible employee shall pay, utilizing approved pharmacies, $5.00 per prescription for generic drugs, $15.00 per prescription for “formulary” brand name drugs, and $30.00 per prescription for “non-formulary” brand name drugs.
9.2 Nothing contained herein shall preclude the City from self-insuring this benefit or assigning same to another insurance company provided, however, that the coverage provided by such change shall not be substantially different from that previously enjoyed.
9.3 The City shall not be liable for any prescription benefits which the Teamsters failed to provide to an eligible employee.
9.4 Retroactive to May 21, 2010, all bargaining unit members shall pay one and one-half (1.5%) percent of the annual pensionable base salary as a health care contribution. If, during the term of this Agreement, the % contribution increases and/or another payment requirement is unpaid by legislation (i.e. premium contributions, etc.), the bargaining unit members shall pay said increased/new amounts.

10.1 Each new and returning School Traffic Guard will be responsible to attend training sessions sponsored by the Hackensack Police Department as deemed necessary.
11.1 The City may, at its sole cost and discretion, direct any or all School Traffic Guards to be examined by a trained medical professional to insure that no uncorrected deficiencies exist which could impair the safe and proper performance of their assigned duties.
12.1 It shall be the responsibility of any employee having custody of any equipment and property to see that it is properly cared for, kept clean and returned to its place of storage.
13.1 The Union President or his/her designated representative shall be given time off with pay for attendance at unfair practice proceedings and for the processing of grievances, including arbitration. The President and one (1) union member shall be given time off with pay for collective bargaining meetings, inclusive of arbitration, provided that this time off is with the Police Chief’s permission and does not adversely affect the safe and efficient delivery of School Traffic Guard Services.
14.1 The City shall deduct Union dues in accordance with State statutes and remit the sum so deducted to the Treasurer of the Union.
14.2 Any employee in the bargaining unit on the effective date of this Agreement who does not join the Union within thirty (30) days thereafter, any new employee who does not join within thirty (30) days of initial employment within the unit, and any employee previously employed within the unit who does not join within ten (10) days or re-entry into employment with the unit shall, as a condition of employment, pay a representation fee to the Union by automatic payroll deduction. The representation fee shall be in an amount equal to eighty-five (85%) percent of the regular Union membership dues, fees, and assessments as certified to the employer by the Union. The Union may revise its certification of the amount of the representation fee at any time to reflect changes in the regular Union membership dues, fees and assessments. The Union’s entitlement to the representation fee shall continue beyond the termination date of this Agreement so long as the Union remains the majority representative of the employees in the unit, provided that no modification is made in this provision by a successor agreement between the Union and the employer.
14.3 The Union agrees that it will indemnify and save harmless the City against any and all actions, claims, demands, losses or expenses (including reasonable attorney’s fees) in any matter resulting from action taken by the City at the request of the Union under this Article.
15.1 Each year, ten (10) days prior to the commencement of the Hackensack Public School year, the Traffic Division of the Hackensack Police Department shall post a listing, in the Traffic Division Office, of all duty assignments for School Traffic Guards. This posting shall remain for ten (10) days.
15.2 During the school year, the Traffic Division of the Hackensack Police Department shall post, in the Traffic Division Office, a notice indicating when a specific post has been vacated due to termination or resignation. This notice shall remain posted for ten (10) days, during which time a School Traffic Guard may submit a written request for consideration for a transfer to the vacated position. The City reserves unto itself the sole discretion regarding employee assignments under management rights.
16.1 Except as this Agreement shall otherwise provide, it shall become effective upon passage by the City Council of the City of Hackensack and shall commence July 1, 2009 and continue in effect until December 31, 2012. This Agreement shall continue in full force and effect until superseded by another Agreement provided both sides mutually agree.
16.2 This Agreement contains the full and entire understanding of the parties in its full and final settlement of all wages and terms and conditions of employment.
16.3 The parties agree that the Union shall be supplied with a reasonable number of copies of this Agreement.

______________________________________ ______________________________

______________________________________ ______________________________


Step (1) 09/10 10/11 11/12 (through 12/31/12)
7* $15.82 $16.02 $16.22
6 $15.52 $15.52 $15.52
5 $14.44 $14.44 $14.44
4 $13.35 $13.35 $13.35
3 $12.26 $12.26 $12.26
2 $11.18 $11.18 $11.18
1 $10.10 $10.10 $10.10

(1) Annual Steps per school year (Sept. – June) where Step #1 is first school year of employment as a “Regular STF” (STG with an assigned post). Subsequent Steps shall be the next consecutive school year. Also see Article 3 in regard to salary increases/step movements.

* Step 7 will only apply to those employees who have reached Step 6 before June 30, 2011, with the increases retroactive to July 1, 2009. If one has not reached Step 6 of the salary guide by June 30, 2011, the employee can not exceed Step 6 for the duration of the Agreement.

Hackensack and IBT Loc 97 2009.doc