WESTERN MONMOUTH UTILITIES AUTHORITY
TEAMSTERS LOCAL UNION NO. 701
EFFECTIVE FEBRUARY 1, 2003 THROUGH JANUARY 31, 2008
ARTICLE TITLE PAGE
1. Recognition of Rights 5
A. Recognition of Union 5
B. Management's Rights 5
2. Policy Agreements 6
A. Non-Discrimination 6
B. Dues Deduction 6
C. Strikes-Lockouts 7
3. Authority Rules 7
A. Responsibility 7
B. New Rules 7
4. Discipline and Dismissal 8
A. Definition 8
B. Warning Notice 8
C. Suspension 8
D. Dismissal 8
5. Union Rights and
B. Inspection of Payroll
C. Union Steward 9
6. Grievance, Procedure 10
Section 2 Mediation 11
Section 3 Arbitration 12
7. Seniority and Probationary Employees 12
A. Seniority 12
B. Probationary Employees 13
8. Hours of work and Overtime 13
ARTICLE TITLE PAGE
B. Overtime 14
C. Overtime Distribution 15
D. Call Ins 16
E. Lateness 16
9. Rest and Meal breaks 16
10. Job Posting and Announcements 17
11. Compensation Plan and Program 18
A. Wage Rates 19
B. Licenses 19
C. CDL 19
E. Uniform Program 20
D. MIC AND OIC Language 20
F. Training and Education
G. Training Program for
12. Pension, Health and Welfare 21
A. Pension 21 B. Health Benefits 21
C. Benefits Continuation 24
D. Retiree Health Benefits 22
E. Dental Plan 22
F. Disability 23
G. Worker’s Compensation 24
H. Retirement Plan 24
13. Leaves of Absence 24
A. PTO Days 24
B. Jury and Witness 25
C. Bereavement 26
D. Vacation 26
14. Holiday’s 27
A. Holidays 27
ARTICLE TITLE PAGE
C. Pay 28
D. Shift Attendance 29
E. Shift Coverage 29
15. Safety and Health 29
A. Pre-employment Physical 29
B. Physical Examination 29
C. Inoculations and
D. Safety Committee 29
E. Drug/Alcohol Policy 30
16. Complete Agreement 30
17. Term of Agreement 30
ARTICLE 1. RECOGNITION OF RIGHTS
A. RECOGNITION OF UNION
1. In accordance with the "Certificate of Representative" of the Public Employment Relations Commission dated December 23, 1980 (Docket NO. RO 81-131), the Authority recognizes the Union as the exclusive collective bargaining agent in matters pertaining to wages, hours of work, and other terms and conditions of employment for all its employees in the Union.
2. The Authority will not negotiate with nor grant rights afforded under terms
or provisions of this Agreement to any other employee organization in connection with the employees in the Union.
3. Included in this Agreement are all full-time plant and systems operations and maintenance employees. Excluded are all craft employees, professional employees, confidential employees, managerial executives and supervisors within the meaning of the act, and administrative employees.
1. Except as specifically modified, relinquished or restricted herein, as long as such
terms are in conformance with the Constitution and Laws of the State of New Jersey and of the United States, the Authority retains and shall possess and may exercise all rights, powers, functions, and privileges whether or not exercised, existing to it prior to the recognition of the Union and the execution of this Agreement, and same shall be retained by the Authority and remains exclusively in the discretion of the Authority.
2. Included in such rights, but not limited thereto, is the Authority's right to
manage and operate its facility, to introduce new methods of operation and administration, to determine, establish or modify job standards, to introduce or change machinery, equipment and technical apparatus, to direct the working forces, to fix the number of shifts and adjust the same from time to time, to hire, classify, promote, transfer, discharge, suspend, discipline, lay-off, and recall employees, and, generally, to control and direct the Authority in all of its operations and affairs.
3. Nothing contained herein shall be construed to deny or restrict the Authority in its exclusive right to administer the Authority and control the work of its personnel, nor to deny or restrict the Authority in any of its rights, responsibilities, duties, or authority under N.J.S.A.40-14B, the Sewerage Authority Law or any other national, state, county, or local law or ordinance.
ARTICLE 2. POLICY AGREEMENTS
A. NON DISCRIMINATION
The Authority and the Union agree there shall be no discrimination against any employee because of age, sex, marital status, color, religion, national origin, physical handicap, political affiliation, Union membership, or legal Union activity permitted herein.
B. DUES DEDUCTION
1. The Authority agrees to deduct from the wages or salaries of its employees, subject to this Agreement, dues for the Union. The amount of dues will be certified to the Authority by the Secretary-Treasurer of the Union, and such deductions shall be made in compliance with Chapter 310, Public Laws of 1967, N.J.S.A. 52:14-15.9 (e) as amended. Said monies together with records of any corrections shall be forwarded to the Union office in accordance with the monthly bill-paying cycle of the Authority.
2. If, during the life of this Agreement, there should be any change in the rate of membership dues, the Union shall furnish to the Authority written notice prior to the effective date of such change, and shall furnish to the Authority either a new authorization from each of its members showing the authorized deduction for each employee or an official notification on the letterhead of the Union and signed by the Secretary-Treasurer or President of the Union advising of such changed deduction.
3. The Union shall provide the necessary Authorization forms, secure the signature of its members on the forms, and deliver the signed forms to the Executive Director of the Authority. The Union shall indemnify, defend and save the Authority harmless against any and all claims, demands, suits or other forms of liability that could arise out of or by reason of action taken by the Authority in reliance upon wage or salary deduction authorization cards submitted by the Union to the Authority or in reliance upon the official notification on the letterhead of the Union and signed by the President or Secretary-Treasurer of the Union advising of such changed deduction.
4. If a full-time regular employee is not a member of the Union, said employee shall be required to pay a representation fee to the Union. The representation fee, in lieu of dues shall be in an amount equivalent to the regular membership dues, initiation fees, and assessments charged by the Union, less the cost of benefits financed through the dues, fees and assessments and available to or benefiting only its members, but in no event shall such fee exceed eighty-five per cent of the regular membership dues, fees, and assessments.
1. It is agreed, subject to the laws of the State of New Jersey applicable thereto, that the Union, its officers and representatives, and the employees covered by this Agreement will not strike, slow down, picket, or engage in any job action that interferes with the Authority's operation of its facility during the term of this Agreement. Likewise, the Authority agrees there will be no lockout of employees during this Agreement.
2. The Authority shall have the right to take such disciplinary action, which it deems necessary, against any or all of the employees who participate in the aforementioned improper activity and such participation could constitute just cause for discharge.
ARTICLE 3. AUTHORITY RULES
It shall be the responsibility of the employee to be aware of the contents of this Agreement and any additions necessitated by its provisions.
B. NEW RULES
The Authority may establish such Authority rules as it deems necessary or desirable, provided that such are not in conflict with the terms and provisions of this Agreement and further, provided that any controversy arising out of the establishment or exercise of any such rules is subject to the grievance procedure.
The Authority shall provide a list of all management personnel who can respond to grievances or issue rules.
ARTICLE 4. DISCIPLINE AND DISMISSAL
Discipline of an employee shall be imposed only for just cause, and shall be defined as any written warning notice, suspension, demotion, or dismissal.
B. WARNING NOTICE
1. Warning notices, to be valid, must be presented to the employee in the presence of a shop
steward and a copy shall be given to the Shop Steward and the Union.
2. Any warning notice shall not remain in effect for a period of more that eight- (8) months
providing the employee does not receive any additional warning notice on the same offense.
3. No warning letter or letter of suspension shall be considered valid unless issued by the
Employer within ten (10) days excluding Saturday, Sundays and Holiday's from the date the Employer knew of or reasonably should have become aware of the specific grounds and circumstances upon which it is based.
An Employee shall not be suspended until the Local Union has been given two day's notice by phone and/or in writing (Saturday, Sunday and holidays shall be excluded in determining the two-day period) unless the circumstances are such that the Authority or the employee would be better served by his/her not being at work.
The only causes for immediate dismissal prior to a hearing shall be for:
1. Theft of money, goods, or merchandise.
2. Being under the influence of alcohol while at work.
3. Being under the influence of drugs while at work.
4. Punching in or out another's time card without express
permission by the Authority.
5. Possession of drugs, alcohol, or television sets on the
6. Falsification of test results. Bonafide errors will not
be deemed to be a falsification of test results.
7. Calling or engaging in an unauthorized slowdown, walkout,
8. Assault on an employer or his representative.
9. Falsification of Application for Employment.
10. Intentional Falsification or modification of time card.
11. Sleeping on the job.
12. Failure to notify the Authority within three (3) business days of receipt of the notice from Motor Vehicle or conviction by the Court of the suspension or revocation of their driver's license.
ARTICLE 5. UNION RIGHTS AND REPRESENTATIVES
A. ACCESS TO PREMISES
Authorized representatives of the Union shall have access to the Authority's premises at a mutually convenient time for the purpose of adjusting disputes, investigating working conditions, collecting dues and ascertaining that the Agreement is being adhered to providing there is no interruption of the Authority's business therefrom.
B. INSPECTION OF PAYROLL RECORDS
An authorized representative of the Union shall have the right to inspect the Employer's pay records, time cards, welfare and pension fund records and/or other records of the employees at a mutually convenient time.
C. UNION STEWARD
1. The Authority recognizes the right of the Union to designate a Shop Steward and to remove said Steward at any time for the good of the Union.
2. Said Steward shall handle such Union business as may from time to time be assigned to him/her by the Union.
3. Said Steward shall have no authority to take any action that will interrupt or interfere with the Authority's business or operation.
4. Said Steward shall have super seniority for lay-off purposes.
5. The Shop Steward or his/her designated alternate shall be permitted reasonable time to investigate, present and process grievances on the company property without loss of time or pay. Such time spent in handling grievances during the Shop Steward's or his/her designated alternate's working hours shall be considered working hours in computing daily and/or weekly overtime, provided that this does not interfere with the performance of his/her regular duties.
ARTICLE 6. GRIEVANCE PROCEDURE AND ARBITRATION
Section l. Should a difference arise between the Authority and the Union or the Authority and any employee as to the interpretation, meaning or application of any provision of this Agreement, every effort shall be made to settle such difference in the following manner:
(A) All issues shall first be discussed with the immediate supervisor and/or shop steward and the employee identifying the issues to see if a resolution can be obtained.
(B) If the issues cannot be resolved then the reasons giving rise to said grievance shall be reduced to writing by the employee alleging the grievance on the standard grievance forms supplied by the Union, indicating the Article and/or Section of this Agreement violated by the Employer and all pertinent facts involved.
(C) The applicable Shop Steward shall present the written grievance to the supervisor/manager involved for disposition of the matter to be recorded on said form. The supervisor/manager shall give his answer, in writing, within seven (7) working days (Monday to Friday). Should the supervisor/manager fail to respond within seven (7) working days, the grievance will be deemed denied and the Union may proceed to the next step of the grievance procedure.
(D) If a satisfactory settlement cannot be reached at this level, the entire written grievance, shall be referred to a meeting between the Executive Director and an official of the Union. Executive Director if necessary shall have the grievance reviewed by the Commissioners of the Authority. If a settlement of the matter cannot be reached at this level, the grievance shall be referred immediately to arbitration as herein provided.
(E) If a grievance is not made known to the Authority within seven (7) days of the date of said violation, the matter shall be considered untimely, except that there shall be a ninety (90) day time limit on grievances involving wages, seniority and fringe benefits. With regard to (D) above, the meeting between the Executive Director or his designate and representatives of the Union shall take place within twelve (12) days following the written answer in the preceding step or within fifteen (15) days from the date of the grievance, whichever is the later. Any disposition of a grievance accepted by the Union or from which no timely appeal has been taken by the Union or the employee shall be final and conclusive and binding upon the employee, the Authority and the Union.
Section 2. MEDIATION OPTION
In the event the Authority and the Union are unable to adjust the grievance, the dispute may be reduced to writing and referred to Thomas Sileo, Mediator, or another Mediator if Tom is not available, of the New Jersey State Board of Mediation. This notice must be conducted within thirty (30) days of the final decision by the Authority. Either the Authority or the Union may reject this referral to Mediation.
Mr Sileo shall conduct an informal Mediation. The parties may rely on a verbal presentation of evidence and documentation of evidence. The Mediator will render a written advisory recommendation, as soon as possible, but no later than thirty (30) days after the hearing. The recommendation will be based on the evidence presented by both parties. Both parties may agree that the written recommendation is final and binding. The Mediator shall acknowledge such agreement in his written decision. If the Authority and the Union agree that the decision is final and binding, neither the Authority nor the Union can request Arbitration. The decision of the Mediator will be in lieu of a final and binding decision of an Arbitrator. If the Mediators written recommendation is not final and binding, either party may elect not to accept and implement the recommendations of the Mediator. In the event of refusal to accept the recommendation of the impartial third party, both parties shall agree that the recommendation of the Mediator shall not be admissible in the Arbitration. The parties also agree that no admissions made at the Mediation shall be admissible in the Arbitration.
If either rejects the Mediators advisory recommendation, the matter shall be submitted to the New Jersey State Board of Mediation, who shall designate the Arbitrator to hear the dispute and render a final and binding decision.
Section 3. ARBITRATION
If the Union determines that a grievance is meritorious and requires a review by a third party, it may file a request for arbitration with the New Jersey Mediation Service within fifteen working days from the date of receipt of the request from the aggrieved employee.
1. Selection of an arbitrator and the conduct of any arbitration shall be in accordance with the established rules and regulations of the New Jersey State Board of Mediation.
2. In rendering a decision, the arbitrator shall be limited to the issues submitted as well as the definition of arbitration contained herein and shall consider nothing else. The arbitrator cannot add to or subtract from, change or modify the Agreement between the parties.
3. The decision of the arbitrator shall be final and binding upon the parties for the duration of the Agreement.
4. The losing party shall pay the arbitrator’s fee and his/her reasonable expenses. All other costs shall be borne by the party incurring such costs.
ARTICLE 7. SENIORITY AND PROBATIONARY EMPLOYEES
1. Seniority shall be defined as the continuous length of employment with the Authority from the employee's date of last hire. At the expiration of the probationary period, the employee's seniority shall date from the date of his/her last hire.
2. Seniority, skill, and ability to perform the available work shall be considered in the matter of the selection of vacation, promotions, demotions, transfers, and permanent layoffs.
3. An employee shall lose his/her seniority rights for any of the following reasons:
(a) If an employee resigns.
(b) If an employee is discharged.
(c) If an employee does not return to work within seventy-two hours when recalled from layoff, unless excused for illness or other valid reasons.
(e) If an employee is laid off for a least twenty-four months.
(d) If an employee is absent for three or more consecutive days or shifts without notifying the Authority, unless the employee can establish that it was impossible to do so.
4. The Authority shall provide an updated seniority list. The Employer shall post in a conspicuous place at the employer's facility, a list of employees arranged according to their seniority.
5. Vacations shall be treated on a first-come, first-served basis except that seniority shall determine who is to get a vacation day or dates if more than one (1) employee submits at the same time.
B. PROBATIONARY EMPLOYEES
1. All newly-hired employees shall be on probation for a period of sixty days following the calendar date of hire. The Authority shall have the right to increase the aforesaid probationary period for an additional period not to exceed thirty days, subject to Union Agreement. Such agreement is not to be unreasonably withheld by the Union. A leave of absence for any reason, including sickness, will extend the probationary period by the number of days of leave of absence taken.
2. During the probationary period, an employee may be discharged for any reason which need not be stated by the Authority, and, in which event, there is no recourse by the Union or the employee to the grievance procedure or arbitration in this Agreement.
3. Unless specifically provided otherwise in this Agreement, probationary employees will be entitled to receive no paid benefits other than wages. However, they will receive seniority credit toward paid benefits following the probationary period.
ARTICLE 8. HOURS OF WORK AND OVERTIME
A. HOURS OF WORK
The regular workday shall consist of eight (8) hours and the regular workweek shall consist of
five consecutive days in any workweek, except those employees whose regular shift shall consist
of ten (10) hours per day and four consecutive days per week. The workweek shall begin on Monday at 8:00 AM. Daylight Savings Time shall be observed with regards to employees starting at 7 AM This would not apply to the Operations Department. Both the Union and the Authority agree to a 7:00 AM start on a trial basis.
1. Time and one-half the employee's regular straight-time rate of pay will be paid to employees for all hours worked in excess of eight hours in any workday except for those employees whose regularly scheduled shift is ten hours per day. They will receive time and one-half for all hours worked in excess of ten hours in any workday. With the written permission of the employee’s supervisor, employees wishing to switch or trade off times of shifts can waive this.
2. Time and one-half the employee's regular straight-time rate or pay will be paid to employees for all work done on the sixth consecutive day worked in a workweek. Double time the employee's regular straight-time rate of pay will be paid to employees for all work done on the seventh consecutive day worked in the workweek. Those employees whose regular shift consists of ten hours shall receive one and one-half their regular straight-time rate of pay for all work done on the fifth day and the sixth day and double time on the seventh day in any workweek. They do not necessarily have to be consecutive days.
3. There shall be no pyramiding of overtime or premium rates.
4. Time and one-half the employee's regular straight-time rate of pay will be paid to employees for all work done on scheduled holidays.
5. Meals allowance shall be $10.00 and payable when an employee works four or more hours of unscheduled overtime, that being in accordance with Article 8, Section D and Article 12, Section A. Paragraph 7. “Unscheduled” overtime for Operations is any overtime that is not part of the sign-up list. Unscheduled overtime for Maintenance employees remains unchanged.
6. Hours of overtime for shift coverage in the Operations Department will be as follows:
With the exception of emergency situations, no employee shall work more than 15 consecutive scheduled hours. Employees who work 15 or more consecutive hours shall be off a minimum of 5 hours before returning to work. Exception: Employees working the 1:00PM – 10:00 PM shift may work the 10:00PM – 8:00AM shift on an unscheduled basis (maximum of 18 consecutive hours. All consecutive hours worked beyond fifteen (15) shall be paid at two (2) times the employees’ hourly rate.
8:00AM – 5:00PM shift coverage will be 8:00AM – 1:00PM.
1:00PM – 10:00PM shift coverage will be 5:00PM – 10:00PM.
7. Where steady shifts exist employees requested to work overtime on a daily basis shall be
guaranteed a minimum of one (1) hour work or pay.
8. Employees shall be paid at one and one-half (1 ½) times the employees’ hourly rate for
all hours worked after the facility closes due to emergency conditions. I.e. snowstorms, hurricanes etc.
C. OVERTIME DISTRIBUTION
1. Departmental seniority shall prevail for overtime assignments. An overtime log shall be kept and updated weekly, by supervision, in order that scheduled and unscheduled overtime work will be divided as equally as possible and practicable among the employees qualified to do the work.
2. All overtime determination and assignments shall be made by supervision.
3. The order of preference for overtime will be based on section, position, and the least amount of overtime hours worked up to that week. The Authority shall provide a list of all personnel qualified for specific overtime work. This list shall be updated every three- (3) months.
4. Unscheduled overtime work offered but refused by an employee shall be counted as overtime worked for the purposes of determining the equitable distribution of overtime. Once the overtime list has been exhausted, the least senior person will work the overtime. If the least senior person has a bonafide emergency, the next least senior person will complete the overtime.
5. When an employee works a position with a higher rate of pay, he will receive the posted rate of pay. When a position with a higher rate of pay is worked by two or more employees, the posted rate of pay will be given first to the employees working within his department, and then to the employee with the most seniority in the department. When a selection is made between two trainees to work a higher position, management will make the choice with consideration of seniority in the department. Call-Ins –Anytime two (2) or more employees work, the employee with the most seniority in the department must receive in-charge pay. When a position with a higher rate of pay becomes available in either in-plant maintenance and/or outside maintenance for a minimum period of five working days, the employee with the most seniority in the department shall be paid the higher rate of pay on all overtime work during this period.
6. On their date of hire, new employees will be credited with the highest amount of
overtime hours that has been charged to any employee up to that date. When transferring by job posting, employees will be credited with the highest amount of overtime for the position in the Department.
1. Employees who are on call from home to work after completing their regular shift of duty shall receive three hours of their overtime rate of pay if they are called in.
2. If the required work on a call-in exceeds three hours, or if any additional or unscheduled
call-ins are necessary, the employee shall receive one and one-half his regular rate of pay for each hour worked.
3. The employee is required to do only that work which is necessitated by the call-in, and
any additional call-in work. The employee may not be kept to do routine maintenance to fill the three-hour call-in period.
4. Collection Operator’s shall be required to wear beepers on a rotating basis for a period of seven days (Monday to Sunday) to cover for emergency call-ins. The Authority shall compensate those individuals, scheduled to wear the beepers, two (2) hours of overtime pay for the week they wear the beeper. Operator’s not able to wear the beepers should switch with another operator and if he can’t switch he must notify the Authority at least seven days in advance in order to get coverage. The Authority shall ask for volunteers to cover the week and the volunteer with the least amount of overtime hours shall be given the beeper and pay. If no one volunteers then the operator scheduled must carry the beeper. Seniority shall prevail if for any reason the assigned operator cannot wear the beeper and no volunteers are acquired.
Whenever an employee is delayed in reporting for a scheduled work shift, he/she should attempt to contact his/her supervisor in advance, if possible. An employee is late when he/she is not punched in and ready to work at his/her scheduled starting time.
ARTICLE 9. REST AND MEAL BREAKS
1. All employees shall receive two fifteen-minute rest breaks during their normal workday. The break times will be near the middle of the first half and second half of each shift. The rest breaks of Operations staff shall be staggered to assure coverage of the Operations board.
2. An unpaid meal break shall be provided to all work shifts except the 10:00PM to 8:00 AM shift. These breaks shall be properly punched on the time cards. The meal breaks of the Operations staff shall be staggered to assure coverage of the Operations Board.
3. On days when paychecks are distributed, the meal break of the day shift shall be extended for fifteen minutes for the purpose of conducting any necessary banking transactions. This additional fifteen minutes shall be given without any loss of time or pay.
Article 10. JOB POSTING AND ANNOUNCEMENTS
1. The Authority shall post job openings and announcements for a period of four working days in such a place or places where notices are customarily posted.
2. The requirements for the job opening shall be listed in addition to any required licensing or specific educational. If job requirements are upgraded, seniority will first be considered. Existing employees will be given a reasonable amount of time to gain the qualifications.
3. The successful applicant shall be determined on the basis of his skill, ability, knowledge to perform the work required, and primarily the employee's seniority.
4. Employees shall be afforded a trial period of up to sixty (60) days to qualify. During this trial period, the employee shall receive the posted rate of pay.
5. If the employee fails to qualify, he shall be returned to his former job and receive his former rate of pay. Once qualified, the employee shall receive the new rate of pay.
7. All job bids must be filled with-in thirty (30) working days from the date of
posting. If the successful bidder is not moved into the bided position with-in thirty (30) working days the bid shall be re-posted.
8. Individuals shall be grandfathered in accordance with the Arbitrator’s decision of
December 21,2002 which is on file.
9. Individuals who desire to bid into another position (other then the one they were
grandfathered) need to acquire the required certificate (SI and/or CI) license within the
designated period of two (2) years unless unusual circumstances delay the process.
ARTICLE 11. COMPENSATION PLAN AND PROGRAM
A. WAGE RATES
The following minimum wage rates as set for the Authority’s fiscal years:
3.5% 3.5% 3.0% 3.0% 3.0%
TRAINEE 19.43 20.11 20.71 21.33 21.97
SIX (6) MONTHS 19.74 20.43 21.04 21.67 22.32
ONE (1) YEAR 20.05 20.75 21.37 22.01 22.67
TWO (2) YEARS 21.39 22.14 22.81 23.49 24.20
COLLECTION OPERATOR 22.84 23.64 24.35 25.08 25.83
(IN CHARGE) (.77) (.80) (.71) (.73) (.75)
COLLECTION OPERATOR 21.39 22.14 22.81 23.49 24.20
(.72) (.75) (.67) (.68) (.71)
PLANT OPERATOR 22.84 23.64 24.35 25.08 25.83
(IN CHARGE) (.77) (.80) (.71) (.73) (.75)
PLANT OPERATOR 21.39 22.14 22.81 23.49 24.20
(.72) (.75) (.67) (.68) (.71)
MAINTENANCE OPERATOR 22.84 23.64 24.35 25.08 25.83
(IN CHARGE) (.77) (.80) (.71) (.73) (.75)
MAINTENANCE OPERATOR 21.39 22.14 22.81 23.49 24.20
(.72) (.75) (.67) (.68) (.71)
UTILITY 16.84 17.43 17.95 18.49 19.04
(.57) (.59) (.52) (.54) (.55)
SR. LAB TECH 22.84 23.64 24.35 25.08 25.83
(.77) (.80) (.71) (.73) (.75)
LABORATORY TEC 21.39 22.14 22.81 23.49 24.20
(.72) (.75) (.67) (.68) (.71)
The following bonus payments per year shall be made in equal weekly payments to employees who obtain licenses that demonstrate proficiency in skills required by the Authority. *License stipends will be increased by 3% on the first day of each contract year. Employees currently holding dual licenses and receiving dual stipends will continue to receive same. Any employee currently enrolled in a program for an extended license will receive the stipends as outlined. However, effective upon signing, the employer will pay for the highest-grade license only. The employer will no longer pay for dual licenses except for those employees holding a Black Seal License. All license stipends shall be increased effective February 1,2003.
Journeymen Certificate $2400.00
S-4 and/or C-4 rates. $2400.00
S-3 and/or C-3 $1200.00
S-2 and/or C-2. $750.00
S-1 and/or C-1 $500.00
Black Seal $500.00
1. All new maintenance employees shall be required to obtain their CDL Drivers Licenses.
2. Employees shall be permitted to renew their CDL License on the Authority’s time
provided the Authority is given thirty (30) days notice of the date the employee intends to renew his/her CDL License.
3. All maintenance employees must provide a copy of their CDL License to the Authority on an annual basis.
D. MIC and OIC LANGUAGE
1. The employer agrees that MIC and OIC are not supervisors within the meaning of
the PERC Act and have no authority to hire, fire, discipline or to effectively recommend the above. These employees are working foremen whose function is to relay information from management to the employees. MIC/OIC pay shall be given to the most senior employee when the MIC/OIC is attending class at another site. The senior employee must accept the MIC/OIC assignment and said assignment must be for a complete workday.
E. UNIFORM PROGRAM
1. All employees shall receive five (5) tee shirts per contract year.
2. The purchase of approved safety shoes will be reimbursed $120.00 per pair by the Authority and shall be replaced on an as needed basis. Employees must submit their old pair of safety shoes for visual inspection and approval by the employee's supervisor.
3. The Authority shall continue to provide winter coats to all employees who are to work outdoors.
3. All employees shall receive either one-(1) set of winter coveralls or a jacket and bib (at the employees option) and one (1) set of summer coveralls during the term of the agreement. The Authority shall maintain, at its expense, employee jackets and uniforms.
F. TRAINING AND EDUCATION POLICY
1. Educational and training programs required by government agencies and
are essential to an employee performing his duties will be considered mandatory when they are assigned to attend. The Authority shall pay fully all expenses relative to mandatory training.
2. Programs that are required for the aforementioned licenses shall be
offered to any employee requesting same. The Authority will pay fully all expenses for this training. The Authority will determine who will attend, based upon seniority. No more than 50% from any shift need be assigned.
3. The Authority will determine its support in other training programs on a case-by-case basis. For these programs, it will be the responsibility of the employee to submit a written request to the employee’s supervisor. He/she and the Executive Director shall review, and deny or recommend all or part of the request. It is expected that the employee will himself advance the money for this training. He will be reimbursed, upon successful completion of the course with a passing grade or successful completion of the training The Authority may request grades of employees taking job related training and/or educational classes paid for by the Authority. *Employees shall have a written request submitted 30 days in advance of the scheduled attendance or within 5 days of the receipt of the notice, whichever is earlier.
4. Travel expenses shall be paid at the current business IRS rate upon successful
completion of the course or training.
5. On the day of the employees license exam, he/she shall receive the day off with pay. If the employee is on the 10-8 shift he/she shall receive the night before off, with pay.
G. Training Program for New Hires. Appendix A (attached)
ARTICLE 12. PENSION, HEALTH AND WELFARE
Employees are enrolled as of their date of hire in the State of New Jersey Public Employees Retirement System.
B. HEALTH BENEFITS.
1. All employees covered under this Contract shall be provided with Blue Cross/Blue Shield through the State of New Jersey Health Benefits Plan. Coverage shall be provided to the employee and his or her eligible dependents. Should the employee wish to enroll in some other type of medical coverage program,. i.e., Health Maintenance Organization (HMO), or Preferred Provider Organization (PPO), the Authority shall pay for the cost of the alternative program up to the equivalent cost which would be the Authority's responsibility under the New Jersey Health Benefits Program.
The Authority shall have the right to change Insurance carriers for health benefits provided the benefits are equal to or better than the current plan.
C. BENEFITS CONTINUATION.
Employees on extended sick leave will continue to receive paid health benefits up to one (1) year, but will be required to pay for dependent coverage after the first three months of that extended sick leave.
D. RETIREE HEALTH BENEFITS (TITLE 88).
The Authority shall pay the premium or periodic charges for the benefits provided to a retired employee and the employee's dependents covered under the program, if such employee retired from a State or locally-administered retirement system on a benefit based on 25 years or more of service credited in such retirement system, and shall also reimburse such retired employee for the employee's premium charges under Part B of Medicare covering the retired employee and the employee's spouse. "Retired employee and the employees dependents" shall also include otherwise eligible employees, and their dependents, who retired from a State or locally-administered retirement system prior to the date that the Authority became a participating employer in the New Jersey State Health Benefits Program. The term shall also include otherwise eligible employees, and their dependents who did not elect to continue coverage in the program during such time after the Authority became a participating employer that the Authority did not pay premium or periodic charges for benefits to retired employees and their dependents. Eligibility and enrollment of such employees and dependents shall be in accordance with such rules and regulations as may be adopted by the State Health Benefits Commissioner.
The Authority shall pay the premium or periodic charges for the benefits provided to the surviving spouse of a retired employee and the employee's dependents covered under the program as provided in this Article.
E. DENTAL PLAN
The Authority shall provide to its employees and their dependents dental care under the provisions of the Delta Dental Plan or coverage that is equal to or better than the current plan. The dental benefit shall not be less than $1500.00 per year per participant and per dependant. Eligible dependents include the lawful spouse, unmarried children up to the age of 19, or the to age of 23 if enrolled as full-time student in an accredited educational institution. The term "children" includes stepchildren, adopted children and foster children provided such children are dependent upon the employee for their support and maintenance.
1. STATE DISABILITY
Disability insurance is provided through the State of New Jersey Disability Plan to which the employee contributes through payroll taxes.
2. SUPPLEMENTAL DISABILITY
The Authority shall provide to employees a Supplemental Disability Plan (Plan II, Option II) which provides for a $750.00 per month benefit, the cost of the premium to be paid by the Authority.
a. The supplemental disability benefit for employees who have been on extended sick leave/disability for more than three (3) months shall be $750.00 per month.
b. For the period of extended sick leave/disability from three (3) months to one (1) year, an employee shall be required to endorse his/her monthly disability check to the Authority. On the same day the check is presented to the Authority, the Authority shall provide the employee with a check payable to the employee in the amount of $550.00.
c. For the period of extended sick leave/disability after one (1) year, an employee shall be entitled to the full $750.00 monthly disability payment and shall not be required to endorse the check to the Authority.
d. The supplemental disability benefit will cover twenty-four (24) months.
e. If the State shall declare the "Benefits Continuation" language in Article 11,
Paragraph B, regarding the one (1) year continuation of benefits invalid, the supplemental disability benefit of $750.00 per month shall be retained fully by the employee after the employee has been on extended sick leave/disability in excess of three (3) months and the employee shall not be required to endorse the check to the Authority. After three (3) months on such leave, the employee has the option to continue benefits through COBRA, or to discontinue benefits. If the one (1) year provision is deemed invalid during a month where the employee has endorsed the $750.00 benefit to the Authority and received only a $550.00 benefit, the Authority shall reimburse the employee for the $200.00 difference.
f. No later than the last day of a three (3) month extended sick leave/disability, an
employee shall be required to execute a change of benefits form indicating that he/she will pay the premium for dependent coverage or that the employee elects not to have dependent coverage. If the employee refuses to execute a change of benefits form as required by this paragraph by the last day of each month following the third month or refuses to make payment for dependent coverage by the last day of each month following the third month, if applicable, the Authority may terminate the employee's and dependents' coverage. Payment to the Authority for the dependent coverage premium shall not be due until the employee receives his/her first supplemental disability check.
G. WORKERS' COMPENSATION
In the event that an employee files for worker's compensation and that employee promptly files his/her claim, the Authority will use its best efforts to insure that the employee promptly receives his/her compensation. Such efforts shall include telephone calls and letters to the Worker's Compensation Carrier. Any employee injured on the job shall be provided immediate medical attention and visit the Workmen’s Compensation doctors on the Authority’s time for future medical attention for said injury.
H. RETIREMENT PLAN
Employees shall be entitled to participate in the Authority sponsored ICMA-457 Plan.
ARTICLE 13. LEAVES OF ABSENCE
A. Personal Time Off Days (PTO)
1. All employees who have completed twelve months of continuous and uninterrupted service as of the execution of this Agreement are entitled to thirteen-(13) PTO days every year of this Agreement.
2. Employees in their first year of employment shall acquire one PTO day per month to a maximum of twelve per year. In the contract year following the first anniversary of hiring, each employee shall have thirteen (13) days per year effective at the beginning of the contract year.
3. Unused PTO leave shall be reimbursed at the rate of one hundred per cent
pay at the end of the contract year. Effective February 1,1993 PTO days may be accumulated from one year to the next for a total of one hundred (100) days. The option of being reimbursed or allowing PTO days to accumulate shall be that of the employee. The rate of reimbursement shall be at the salary level earned by the respective employee at the end of the contract year.
4. An employee will be entitled to leave under the Family & Medical Leave Act of 1993 (FMLA) and the New Jersey Family Leave Act in accordance with the provisions of such statutes. Employees who request absences from work for family leave will be required to provide written certification that their absence qualifies under the applicable family leave statutes. The Authority's policy with respect to such leave shall be applicable to all employees covered by this collective bargaining agreement. Wherever provisions of this collective bargaining agreement conflict with such policy, such policy shall control. A copy of the Authority's Family and Medical Leave policy is available for inspection by the Union and members of the unit. Approved family leave absences will not be chargeable absences.
5. When an employee is out of work because of illness for three (3) consecutive days, he may be required to see a physician at the expense of the Authority.
6. An employee that becomes ill after reporting to work and needs to leave he/she must notify management prior to leaving.
7. If an employee desires PTO leave in excess of what is provided, he may not return to work without a doctor's report for each instance.
8. When employees exhaust their PTO days and require additional time off due to medical reasons, they may request, in advance, to utilize vacation benefits.
9. At the time of severance, earned but unused PTO days shall be
compensated at full pay; in case of death of an employee who is eligible for PTO pay, the employee’s estate shall be paid.
11. Employees, who use PTO in excess of the allotted amount, may be subject to the progressive discipline policy in the Employee Manual.
B. JURY AND WITNESS
1. An employee shall be granted necessary time off without loss of pay when he/she is summoned and performs jury duty as prescribed by applicable law, or when he/she is summoned to appear as a witness before a court, legislative committee, or judicial body.
2. Employees shall receive full pay for all time on jury or witness duty, plus the juror fee.
3. Employees called for jury or witness duty must notify the Authority at least one week prior to the date they are to report and must furnish a copy of the Summons.
When an employee loses time from work because of the death of his spouse, father, mother, sister, brother, child, current father-in-law or mother-in-law, grandparents or relative living with the employee, he will be paid by the Authority his regular straight-time rate of pay multiplied by the average number of hours in the employee's normal straight-time workday for each day lost up to a maximum of five (5) days, with one of the days being the day of the funeral or memorial service. It is understood that such payment will be made only when the employee attends the funeral service and for days when the employee is scheduled for work and would have worked except for the death of such relative; likewise for the death of a sister-in-law and brother-in-law, except that one day shall be allowed. Vacation time may be used for bereavement leave for deaths other than those listed in the contract.
All vacation requests shall be in writing including request for vacation pay.
0 years to completion of 5 years 10 days
6 years to completion of 9 years 15 days
10 years 16 days
11 years 17 days
12 years 18 days
13 years 19 days
14 years to 19 years 20 days
20 years 21 days
21 years 22 days
22 years 23 days
23 years 24 days
24 years 25 days
After 25 years. 1 additional day for each year of service
For the first five years, employees shall earn this vacation at a rate of 1/10th of the total amount to be received each month for the first ten- (10) months
2. In their first year of employment, employees shall receive one vacation day per month of service to a maximum of ten. In order to be eligible to take vacation time, an employee must have been employed for at least six months. . After five years, the vacation will be earned on the anniversary date.
3. At the time of severance, unused vacation time shall be compensated at full pay except in the case of employees terminated for just cause.
4. An employee who is on disability leave for more than three (3) consecutive months shall have his/her vacation and sick time prorated for each month of the disability in excess of the three (3) month period.
The prorated sum will be calculated according to a formula based upon 1/12th of the allotted vacation and sick time in excess of the three-(3) month period.
The three- (3) month grace period shall not commence until after the employee uses all accumulated sick leave and, at the employee's option any earned vacation.
5. Vacation cannot be taken until earned.
4. 6. Employees’ with three weeks vacation shall be required to take one-week vacation of five (5) consecutive days or five (5) single weekdays. Employees with four weeks vacation will be required to take two vacations of five (5) consecutive days or ten single weekdays.
7. The minimum vacation request shall be for a period of four (4) hours.
8. Employees may use vacation time or convert such time to be applied to their sick time bank. Employees must, however, take at least two (2) weeks of vacation as time off with pay (if they are eligible for this amount) each year.
9. No vacation request will be granted if it will result in less than 50% attendance in the department or on a shift. If an employee wishes to have this requirement waived, they must ensure a minimum of 50% shift coverage by a qualified person within the department.
ARTICLE 14. HOLIDAYS
The parties agree to the following thirteen holidays:
1. New Year's Day 8. Columbus Day or Yom Kippur
2. President's Birthday 9. Veteran's Day
3. Martin Luther King Day 10. Thanksgiving Day
4. Good Friday or Rosh Hashanah 11. Day after Thanksgiving
5. Memorial Day 12. Christmas Day
6. Independence Day 13. Floating Holiday
7. Labor Day
All new employees must work a minimum of six months during their first year of employment to receive the Floating Holiday. An employee shall give the employer twenty-four hours notice when he/she seeks to use a floating holiday. The floating holiday benefit will be retained if an employee on disability leave returns to work before six (6) months has elapsed. In the event that an employee remains on disability for a period longer than six (6) months, the floating holiday benefit will not be granted.
B. DAYS OFF
Employees who are regularly scheduled Monday through Friday shall be off duty on the above holidays. Should the holiday fall on Saturday, it shall be celebrated on the preceding Friday; should the holiday fall on Sunday, it shall be celebrated on the succeeding Monday.
1. Employees in Operations shall receive thirteen days' holiday pay in a check during the first pay period in December for that contract year. If an employee is scheduled to work a holiday, it shall be worked, and he/she shall receive time and one-half his straight rate of pay. Those employees scheduled to be off duty on a holiday shall have the day off. If an employee scheduled to work a holiday does not work it, he/she shall not receive that day's holiday pay. Employees receiving holiday check shall have a break down to show what holidays are being paid.
2. Employees shall be required to work the workday immediately prior to and after the holiday to be entitled to holiday pay. This requirement shall not apply if the employee:
b. Uses a sick day for personal illness or family illness, provided the employee submits a doctor's note establishing illness.
D. SHIFT ATTENDANCE (Operations)
a. Uses approved personal leave, (including the floating holiday), vacation time, or bereavement leave;
Minimum shift attendance will be scheduled on Holidays. Should a holiday fall on Tuesday or Wednesday, "A" shift must work, should holiday fall on Thursday, "B" shift must work.
E. SHIFT COVERAGE(Operations)
Employees may use a vacation day on a holiday, provided there is coverage on the shift by another qualified employee within that department. The employee using a vacation day shall not lose holiday pay for that day.
ARTICLE 15. SAFETY AND HEALTH
A. PRE-EMPLOYMENT PHYSICAL
The Authority shall require and pay the entire cost for a pre-employment physical. The examination will be performed within ten days of the employee's hiring date.
B. PHYSICAL EXAMINATION
At anytime the Authority determines it is necessary to insure the maintenance of proper health and sanitary standards at the Authority's premises, the Authority shall have the right, at its expense, to have any employee undergo a physical examination by a physician of the employee's choice.
C. INOCULATIONS AND BOOSTERS
The Authority shall provide and pay for all tetanus and Hepatitis C inoculations and boosters required of its employees.
D. SAFETY COMMITTEE
A safety advisory committee, consisting of three people designated by the Union, preferably one employee from inside maintenance, one employee from outside maintenance, and one employee from Operations and three individuals designated by the Authority, shall be instituted for the purposes of discussing conditions at the Authority's facility and recommending measures to improve and maintain the health and safety of its employees. This committee should meet a least once a month. Minutes of Safety Committee shall be posted on Union Bulletin Board in order to keep all employees informed of Committee discussions.
E. DRUG/ALCOHOL POLICY
1. The Authority reserves the right to conduct drug and alcohol testing where there is probable cause. The parties acknowledge that the language regarding procedure, methodology, rehab and follow-up testing as et forth in the Personnel Manual.
2. The employee may opt to take a six-month leave of absence, without pay, if he/she is enrolled in a rehabilitation program for the same amount of time.
ARTICLE 16. COMPLETE AGREEMENT
This Agreement contains the full and complete understanding between the parties hereto and shall be binding upon all of the employees within the bargaining unit. The Authority agrees not to enter into any conflicts with the terms and provisions of this Agreement. The express terms of this Agreement may not be modified except by a written understanding signed by the Authority and the Union.
ARTICLE 17. TERM OF AGREEMENT
This Agreement shall become effective as of February 1, 2003, and shall continue in full force and effect until January 31, 2008, and from year to year thereafter unless notice to terminate the Agreement is sent by either party to the other not less than ninety (90) days prior to the expiration date, by registered mail. Whenever notice to terminate this Agreement is given, the parties mutually agree that a least sixty (60) days prior to this expiration date, they will jointly confer for the purpose of negotiating a successor Agreement.
IN WITNESS WHEREOF, the parties have affixed their signatures this sixteenth (16th)
day of December, 2002.
TEAMSTERS LOCAL UNION NO. 701 WESTERN MONMOUTH UTILITIES