JULY 1, 2019 – DECEMBER 31, 2022

O’Toole scrivo, llc
14 Village Park Road
Cedar Grove, NJ 07009
(973) 239-5700

HYPERLINK \l "_Toc123917884"ARTICLE I - recognition PAGEREF _Toc123917884 \h 2

HYPERLINK \l "_Toc123917885"ARTICLE II – GREIVANCE PROCEDURES PAGEREF _Toc123917885 \h 3

HYPERLINK \l "_Toc123917886"ARTICLE III - LONGEVITY PAGEREF _Toc123917886 \h 9

HYPERLINK \l "_Toc123917887"ARTICLE IV - HOLIDAYS PAGEREF _Toc123917887 \h 10

HYPERLINK \l "_Toc123917888"ARTICLE V – SICK LEAVE PAGEREF _Toc123917888 \h 11

HYPERLINK \l "_Toc123917889"ARTICLE VI - VACATION PAGEREF _Toc123917889 \h 13

HYPERLINK \l "_Toc123917890"ARTICLE VII – PAID LEAVES OF ABSENCE PAGEREF _Toc123917890 \h 15

HYPERLINK \l "_Toc123917891"ARTICLE VIII – UNPAID LEAVE PAGEREF _Toc123917891 \h 20

HYPERLINK \l "_Toc123917892"ARTICLE IX - HEALTH BENEFITS PAGEREF _Toc123917892 \h 21

HYPERLINK \l "_Toc123917893"ARTICLE X – DUES DEDUCTION PAGEREF _Toc123917893 \h 26

HYPERLINK \l "_Toc123917894"ARTICLE XI – PREMIUM PAY PAGEREF _Toc123917894 \h 28

HYPERLINK \l "_Toc123917895"ARTICLE XII – GENERAL PROVISIONS PAGEREF _Toc123917895 \h 32

HYPERLINK \l "_Toc123917896"ARTICLE XIII – ACCUMULATED SICK LEAVE PAYMENT PAGEREF _Toc123917896 \h 37

HYPERLINK \l "_Toc123917897"ARTICLE XIV - WAGES PAGEREF _Toc123917897 \h 39

HYPERLINK \l "_Toc123917898"ARTICLE XV – CLOTHING ALLOWANCE PAGEREF _Toc123917898 \h 43

HYPERLINK \l "_Toc123917899"ARTICLE XVI – HOURS OF WORK PAGEREF _Toc123917899 \h 44

HYPERLINK \l "_Toc123917900"ARTICLE XVII – MANAGEMENT RIGHTS PAGEREF _Toc123917900 \h 45

HYPERLINK \l "_Toc123917901"ARTICLE XVIII – LABOR MANAGEMENT COMMITTEES PAGEREF _Toc123917901 \h 47

HYPERLINK \l "_Toc123917902"ARTICLE XIX – SAVINGS CLAUSE PAGEREF _Toc123917902 \h 49

HYPERLINK \l "_Toc123917903"ARTICLE XX – DURATION OF AGREEMENT PAGEREF _Toc123917903 \h 50

HYPERLINK \l "_Toc123917904"ARTICLE XXI – COMPLETENESS OF AGREEMENT PAGEREF _Toc123917904 \h 51

B. A grievance is a claim by an employee or the Union based upon the interpretation, application or violation of this Agreement and includes minor discipline as noted in Step Three below.

C. The term "aggrieved" shall be taken to include all those employees covered by this Agreement.

D. If a grievance affects a group of employees, the Union may process and institute such grievance at Step Three, provided it is initiated and signed by at least one employee.

E. The term "days" when used in this Article shall, except where otherwise indicated, excludes Saturdays, Sundays, and Holidays.

F. The parties shall attempt to hold grievance meetings during normal business hours and on the City's premises. However, all grievance meetings with the City shall be without loss pay.

G. The Union President and AFSCME Council 63 shall be notified of all proposed disciplinary actions. The Union shall have the right to submit a grievance concerning a minor

suspension as well as major discipline involving provisional bargaining unit members directly to Step Three, and shall be handled in accordance with this procedure, including arbitration. All bargaining unit members with permanent Civil Service status subject to major discipline shall be required to challenge said discipline through Civil Service rules and regulations and shall be precluded from using the Grievance Procedure to resolve the discipline. All bargaining unit members with permanent Civil Service status subject to minor discipline shall have the right to appeal such discipline through the Grievance Procedure up to and including arbitration.

H. The Union reserves the right to have non-employee Union representatives at all steps of the Grievance Procedure.

I. Procedure:

STEP ONE: The Union Steward or other authorized representative, with the employee, shall take up the grievance or dispute with the employee's immediate supervisor within twenty-one (21) days of its occurrence. The written grievance at this Step shall contain the relevant facts, the applicable Section of the Agreement allegedly violated, and the remedy requested by the grievant. The supervisor shall then attempt to adjust the matter and shall give his/her answer to the Steward within five (5)

workdays. Failure to initiate the grievance within the time limit specified above shall constitute an abandonment of the grievance, and the grievance shall, thereafter, be forever barred.

STEP TWO: If the grievance has not been settled in Step One, it will be reduced to writing and presented to the Department Head, or his/her designee, within ten (10) work days following receipt of the determination from Step One. Thereafter, the Union and the Department Head, or his/her designee, shall meet at a mutually agreed upon time to discuss the grievance. The Department Head, or his/her designee, in consultation with the Division Head and immediate supervisor, shall render an answer, in writing, within five (5) workdays after its presentation at Step Two.

STEP THREE: If the grievance is still unresolved, it shall, within ten (10) workdays from receipt of the answer in Step Two, be submitted to the Business Administrator or his/her designee, who shall schedule a meeting within ten (10) work days with the Union and the grievant. The Business Administrator or his/her designee shall forward his/her answer in writing to the Union President and the grievant within five (5) workdays thereafter.

STEP FOUR: If the grievance is still unsettled, the Union may, within thirty (30) days following the answer in Step Three, request arbitration.

1. The arbitrator shall be selected in accordance with the rules and regulations of the Public Employment Relations Commission.

2. The arbitrator shall conduct a hearing and shall render his/her decision in writing with findings of fact and conclusions of law. The decision of the arbitrator shall be final and binding upon parties subject to the rights of the parties under law.

3. The arbitrator shall not add to, subtract from, modify or amend in any way this Agreement.

4. Only one (1) issue or grievance may be submitted to an arbitrator unless the parties agree otherwise.

5. The cost of the arbitrator will be borne equally by the Union and the City and all other expenses incurred by either side, including the presentation of witnesses, will be borne by the side incurring same. However, upon timely request, the City will make available for an arbitration hearing, employees of the City who the Union requested as witnesses on its behalf. The City shall make such employees available with the least disruption to the work of the City, and such individuals shall suffer no loss of their regular straight time rate of pay during their regular working hours for such appearance.

J. 1. Failure to process the grievance at any step within the time limits specified for that step will constitute an abandonment of the grievance, and that grievance shall, thereafter, be forever barred.

2. Failure by the City at any step of this procedure to communicate to the aggrieved employee and the Union the decision on a grievance within the specified time limits shall be deemed a negative response, and shall permit the Union to proceed to the next step of the grievance procedure.

3. Any of the time limits specified above may be extended by mutual agreement.

K. Miscellaneous:

1. Any employee shall have the right to present his grievance with assured freedom from restraint, interference, coercion discrimination or reprisal.

2. The grievance procedure shall in no way impair, diminish, or preclude any rights of the parties as set forth in New Jersey Statutes, N.J. Administrative Code, or any other law.

3. If, in the judgment of the Union a grievance affects a group of employees, the Union may process and institute such grievance at Step 3 of this grievance procedure, provided it is initiated and signed by at least one employee.

5. The concept of progressive discipline shall be kept in mind in all disciplinary matters.

C. Effective as of January 1, 1994, all new employees hired will not receive longevity.

The following days shall be recognized and observed as paid holidays:

New Year’s Day Martin Luther King Day President’s Day Good Friday Memorial Day Juneteenth Independence Day Labor Day

Columbus Day Election Day Veterans Day Thanksgiving Day Day After Thanksgiving Christmas Eve Christmas Day

B. Entitlement. Employees shall be entitled to utilize accumulated sick leave for the following reasons:

1. Personal injury or illness;

2. Where exposure to contagious diseases endanger the health of other employees;

3. Where a member of the employee’s immediate family is critically ill or disabled;

4. For medical or dental examination or treatment for which arrangements cannot be made; or outside of working hours.

C. A doctor’s note shall be required after five (5) consecutive days of sick leave or whenever it appears reasonable to the City to request a doctor’s certification.

1. All full time employees shall be eligible to utilize accrued sick leave after thirty (30) days of service with the City. All bargaining unit employees shall receive their full allotment of annual vacation days commensurate with the years of service credited to each employee for use on the first day of the calendar year. Employees shall not be paid for vacations days taken after they have exhausted their accrued vacation time in a given year. Also, when an employee separates from employment with the City and has utilized more vacation days than earned as of the date of severance, the City may withhold the difference of used vacation days and the earned vacation days from said employee’s last paycheck(s).

2. Work requirements, balanced with the considerate treatment of employees, are the determining factors with respect to the granting of vacation leave. It is the policy of the Department to try to make it possible for employees to take a vacation each year.

1. All full time employees hired before January 18, 2017 accrue vacation days as follows:

Less than five yrs. service Five yrs. + (1) day to ten yrs. of service Ten yrs. + (1) day to (15) yrs. Fifteen yrs. + (1) day to 20 yrs. Twenty yrs. + (1) day and beyond

(1) day/month (15) days/year (20) days/year (25) days/year (30) days/year

4. Employees may only use vacation days they have accrued unless the Director gives his/her approval.

1. Four (4) days shall be given to any employee in case of death of immediate family, defined as: spouse, civil union partner, mother, father, son, daughter, sister, brother, grandparents, grandchildren, mother-in-law, or father-in-law.

2. One (1) day shall be given to any employee in case of death of brother-in-law, sister-in-law, aunt, uncle, niece, or nephew.

B. Personal Leave:

An employee required by subpoena to attend a court suit to which he/she is a party, shall be entitled to personal leave not to exceed five (5) days per year. In other instances where an employee is required to take time off for situations considered to be of a personal nature, payment for such time off, not to exceed five (5) days per year, may be granted with approval of the Director.

C. Jury Duty:

Employees required to report for jury duty shall be granted a leave of absence with pay, and shall not be required to turn over to the City the monies they received as jurors.

D. Worker’s Compensation:

1. a. In the event an employee becomes disabled by reason of service-connected injury or illness and is unable to perform his duties, then, in addition to any sick leave benefits otherwise provided for herein, he may be entitled to full pay or a period of up to 1 year. In the event an employee is granted said injury leave, the City's sole obligation shall be to pay the employee the difference between his regular pay and any compensation, disability, or other payments received from other sources provided by the City. At the City's option, the employee shall either surrender and deliver his entire salary payments, or the City shall pay the difference.
b. If an employee returns to work from injury leave for less than 1 year, he may return to injury leave for the same injury for an additional period of time which, when added to the initial period of injury leave, totals no more than 1 year.
c. When an employee returns from injury leave, he shall be entitled to a new period of injury leave for a period of up to 1 year if the employee submits a new injury claim due to an independent even causing re-injury or a new injury.

2. The contribution shall apply to employees for whom the employer has assumed a health care benefits payment obligation to require that such employees pay at a minimum the amount of contribution specified in this section for health care benefits coverage. The parties agree that should an employee voluntarily waive all coverage under the State Health Benefits Plan and provide certification to the City that he/she has other health insurance coverage; the City will waive the contribution for that employee. An employee on leave without pay who receives benefits under the State Health Benefits Plan shall be required to pay the requisite contribution, and shall be billed by the employer for these contributions. Healthcare benefits coverage will cease if the employee fails to make timely payments.

3. The City reserves the right to self-insure or change insurance companies in providing health benefits agreed to hereunder as long as the benefits set forth in this Agreement, and presently in effect, are in the aggregate substantially equivalent. The Union will be notified by the City in advance regarding such changes.

B. Optical Plan:

The City shall continue to provide, to employees only, coverage under the Optical Plan in effect since December 31, 1983. Effective retroactive to July 1, 2003, the optical plan shall be increased to provide $50.00 for eye examinations and $50.00 for frames/lenses. Bargaining unit employees shall be entitled to this benefit every other year, as in the current plan.

C. Retiree Health Benefits:

The City shall provide post-retirement health benefits to full time employees and their dependents in accordance with the provisions of the New Jersey State Health Benefits Plan. The employees shall make such contribution to this plan at the Tier 4 level under P.L. 2011, Chapter 78, except for retirees that were exempted from contributions pursuant to applicable law. Said benefits shall be provided:

1. To all current employees who retire with 25 years or more of service credit with the City and who have reached 55 years of age;

a. Current employees as of December 31, 2020 who will have 25 years in the New Jersey pension plan and at least 5 years of service with the City will be grandfathered such that they are eligible for health benefits at age 55 as if they had 25 years of service with the City; and

b. Upon the death of these employees that retire with 25 years or more of service credit with the City, the surviving spouse and dependent children under the age of twenty-six (26) shall be entitled to continued coverage under the New Jersey State Health Benefits Plan with the City continuing to pay its same share of premiums and the surviving spouse and dependent children under the age of twenty-six (26) contributing to insurance premiums as required by law. The coverage shall cease if: (1) the spouse dies; (2) the spouse remarries; or (3) the spouse reaches the age of 65.

2. New hires after December 31, 2020 who retire with 30 years or more of service credit with the City and who have reached Medicare eligibility age; and

4. To all employees who retire on or after age 62 with fifteen (15) or more years of service with the City and were hired prior to July 1, 2005; and

5. To all current employees as of December 31, 2020 on or after age 65 with fifteen (15) or more years of service with the City and were hired after July 1, 2005.

The City reserves the right to self-insure or change insurance companies in providing health benefits agreed to hereunder as long as the benefits set forth in this Agreement, and presently in effect, are in the aggregate substantially equivalent. The Union will be notified by the City in advance regarding such changes.

D. Hospital and Medical – Spouses and Eligible Dependents

of Deceased Employees:

E. The parties agree that if the State’s new healthcare plans for State employees represented by AFSCME and the Communication Workers of America become available to municipalities participating in the New Jersey State Health Benefits Plan, that they will meet to discuss and negotiate possible use of these plan options.

F. When employee contributions are negotiated for successor agreements, the starting point for the parties’ proposals to increase, decrease, or otherwise modify the contributions will be the present level of contributions, except where negotiations in section (E) occurs over newly available plans under the New Jersey State Health Benefits Plan.

The employees represented in this bargaining unit may not request payroll deductions or the payment deductions or the payment of dues to any labor organizations other than the duly certificated majority representative pursuant to N.J.S.A. 52:14-15.9e. The City shall withhold dues from each Union members’ pay in an amount authorized by the Union. The amounts to be deducted shall be certified to the City by the Treasurer of the Union, and the aggregate deductions of all employees shall be remitted together with an itemized statement to the AFSCME Council 63 Financial Officer monthly. Dues shall not be withheld from employees who are not members of the Union. Any new employee who becomes a member of the Union will have a dues deduction card sent to the City by the Union.

B. P.E.O.P.L.E.

1. The City agrees to deduct from the wages of all bargaining until members a deduction for the Public Employees Organizing for Political and Legislative Equality (“P.E.O.P.L.E”) as provided for in a written authorization. Such authorization must be executed by the employee and may be revoked by the employee at any time by giving written notice to both the City and the Union. The City agrees to remit any deductions made pursuant to this provision promptly to the Union, together with an itemized statement showing the names of each employee from whose pay such deduction had been made, and the amount deducted during the period covered by the remittance.

2. The union agrees to indemnify and save the city forms of liability that rise out of, or by reason of action taken by the City, in reliance upon dues deduction and/or P.E.O.P.L.E authorization information furnished by the Union or its representatives or in reliance upon the official notification on the letterhead of the Union and signed by the President of the Union advising of any changes in such deductions.

1. All non-exempt employees who are required to work in excess of forty (40) hours in one week shall be compensated at time and one-half of his/her regular rate of pay for all hours worked in excess of forty (40) hours. The compensation shall be in the form of cash or compensatory time at the employee’s discretion.

2. Non-exempt employees who are normally scheduled to work thirty-five (35) hours per week will receive straight time pay for the hours from thirty-five (35) through forty (40) and time and one-half (1.5) the regular straight time pay for all hours worked in excess of forty (40) hours per week. The compensation paid in excess of forty (40) hours shall be in the form of cash or compensatory time at the employee’s discretion.

3. Employees required to work on a legal holiday they normally would be off, shall be paid at the rate of time and double time for hours worked in addition to the holiday pay.

4. All overtime will be distributed evenly on a rotating basis.

Bereavement Days Personal Days

Holidays Sick Days

Jury Duty Vacation Days

Compensatory Time Days

1. Employees called back for emergency duty, shall be compensated at time and one-half (1 ½) for the hours worked, but not less than a minimum of three (3) hours. Employees after the first call back on shall be paid time and one half (1 ½) for the hours actually worked. If the second call back is outside of the three (3) hour minimum, a new three (3) hour minimum shall apply. This section concerns work outside of their regular shift, as well as the provisions contained in Section 3 -Standby Time.

2. One (1) supervisor shall be called back whenever four (4) or more employees are called back. The supervisor shall be responsible for the actions of all employees called back under his/her supervisor, unless the circumstances are such that the supervisor is not called in.

1. An employee who is requested to be available for call, and thereby placed on standby upon the City’s request, shall receive two (2) hours at his/her straight time rate and shall, if called in, be paid time and one-half (1 ½) for all hours worked, less the standby time of two (2) hours. However, the employee will not receive any of the aforementioned pay if they are called into work and fail to report to work.

2. The City shall, where possible, rotate qualified employees on “standby” within the job classification.

D. Differential:

Employees assigned to the second shift are to receive three percent (3%) differential.

E. State of Emergency Pay:

1. Any employee who is ordered to stay and work during a State of Emergency declared by the Governor of New Jersey or Mayor of Paterson related to a snow or inclement weather event and other employees (that are not members of this bargaining unit) are sent home or allowed/ordered to stay at home with no loss of pay (not telecommuting employees), the employee shall receive their full days’ pay and, in addition thereto, pay at the rate of one and one-half (1.5) times their regular base rate for all the additional hours worked after the declaration of the State of Emergency and the end of the employee’s regular shift.

2. Any employee who is ordered into work during a State of Emergency declared by the Governor of New Jersey or Mayor of Paterson related to a snow or inclement weather event and other employees (that are not members of this bargaining unit) are sent home or allowed/ordered to stay at home with no loss of pay (not telecommuting employees), the employee shall be paid at a rate of one and one-half (1.5) times their regular base rate of pay for all hours worked.

3. This section shall not apply to regularly scheduled work performed after the response to the snow or inclement weather event has ceased (i.e. the DPW has returned to regular operations), but a State of Emergency has not been rescinded by the Governor of New Jersey or Mayor of Paterson in order to ensure the procurement and dissemination of response resources.

All employees shall be entitled to two (2) ten minute rest periods for each full day worked. Smoking breaks are included in the definition of “rest”. Smoking breaks are not in addition to the rest periods provided herein. Abuse of this provision will lead of disciplinary action.

B. Protective Clothing, Safety Equipment and Tools:

1. The City shall provide all tools necessary to perform the tasks assigned.

2. The City agrees to furnish the employee with rain gear, boots, gloves and hard hats.

3. All protective clothing and equipment must be utilized at all appropriate times or the employee will be subject to immediate suspension and further disciplinary action.

C. Evaluation:

Evaluations shall be made at least once every six (6) months by the City for the employees in the bargaining unit.

D. Job Description:

The City shall maintain job descriptions which include duties required, for each classification in the unit.

E. Job Posting:

1. Notice of all job vacancies and new positions shall be posted on the bulletin board for ten (10) work days. Notice of all job vacancies and new position shall be provided to the Union.

2. Employees interested shall make a written request to the Director of the Department of Public Works setting forth their qualifications.

F. Out-of-Title Assignment:

Effective upon the signing of this Agreement, any supervisor assigned temporarily to perform the duties of a higher job title upon approval of the Director of Public Works will, for the first twenty (20) working days of said assignment per calendar year, be compensated either $1,500 pro-rated on a daily basis, or twenty per cent (20.0%) of the difference between his/her salary and that of the higher job title, whichever is greater. After the twenty (20) working days, the employee in the temporary assignment will be paid the higher rate of pay.

G. Seniority:

1. Seniority shall be in accordance with Civil Service Rules and Regulations.

H. Injured or Incapacitated Employees:

Employees who become incapacitated and unable to perform their usual duties, may be assigned a job they are able to perform. The decision to so assign rests solely within the discretion of the Director and the decision is not grievable.

I. Involuntary Transfer:

The involuntary transfer of an employee may be discussed with the Director of the Department of Public works by the President of the Association or his/her designee prior to said transfer.

J. Engineering Personnel:

Employees of the Division of Engineering authorized to use their own automobile shall receive the sum of $125.00 per month as an automobile allowance. The sum of $6.25 per day shall be deducted from the monthly allowance for each day the employee is not at work; i.e.; sick leave, vacation leave, personal days, funeral leave, leave without pay, etc.

K. Promotion/Advancement Rate-of-Pay:

Upon Promotion of an employee, a minimum increase of $1,500.00 will be given. This increase shall only be paid when the employee receives a promotion that does not come with a corresponding increase of at least $1,500.00 in the base salary. Upon advancement from a non-supervisory to a supervisory position only, a minimum increase of $2,500.00 will be given. This increase shall only be paid when the employee receives a promotion that does not come with a corresponding increase of at least $2,500.00 in the base salary. It shall be at the City’s sole discretion to grant an increase in excess of the minimum increase.

L. Whenever the temperature exceeds eighty degrees, employee’s hall have the option of wearing shorts.

M. Non-Discrimination:

The City and the Union agree there shall not be any discrimination, including harassment, based on race, creed, color, religion, national origin, nationality, ancestry, age, sex, familial status, marital status, affectional or sexual orientation, gender identity or expression, atypical hereditary cellular or blood trait, genetic information, refusal to submit to a genetic test or make available the results of a genetic test, veteran status, liability for military service, and mental or physical disability, including perceived disability and AIDS and HIV status, political affiliation, or any other legally protected status.

N. Surrender of City Property:

The City will make reasonable efforts to have the union president or her/his designee present when a bargaining unit member is required to surrender City property. The parties agree that instances may arise where it is not feasible or not possible to have the union president or her/his designee present when a bargaining unit member is required to surrender City property. An itemized list of all property returned shall be prepared and signed by both the employee and a City representative.
O. Workplace Democracy Enhancement Act:

The parties agree to comply with the requirements of the Workplace Democracy Enhancement Act, N.J.S.A. 34:13A-5.11 et seq.

1. Full-time employees who retire after twenty (20) years of service shall receive compensation for unused accumulated sick leave at the rate of the employee’s daily rate of pay, based upon average base pay received during the last full year of his/her active employment prior to the effective date of said retirement.

2. There shall be a maximum payout for unused accumulated sick leave of $15,000.00 per employee.

3. Employees may request a lump sum payment for their unused accumulated sick leave when they receive notice of their retirement approval, payable as soon as possible after the effective date of their retirement.

4. Employees shall notify the City no later than December 1^st that he/she plans to retire. Failure to so notify the City may cause a delay in the retirement payment due.

2. Effective retroactive to July 1, 2020, there shall be an across-the-board wage increase of 2.0% for each employee, with the following exception: (a) Employees with a base salary of $31,000 or less will receive a $1,000 increase instead of the 2.0%. The minimum salary shall be increased to $32,000.

3. Effective retroactive to January 1, 2021, there shall be an across-the-board wage increase of 2.0% for each employee, with the following exception: (a) Employees with a base salary of $32,000 or less will receive a $1,000 increase instead of the 2.0%. The minimum salary shall be increased to $33,000.

4. Effective retroactive to January 1, 2022, there shall be an across- the-board wage increase of 2.0% for each employee, with the following exception: (a) Employees with a base salary of $33,000 or less will receive a $1,000 increase instead of the 2.0%. The minimum salary shall be increased to $34,000.

5. The retroactive increases will also apply to any overtime, longevity and shift differential for those years.

6. In order to be eligible for the retroactive pay increases, a bargaining unit member must be: in employment status with the City; or, between July 1, 2019 and the signing of the parties’ Memorandum of Agreement, have retired, deceased, been laid off, or resigned in good standing (not in connection with any disciplinary charges).

7. A bargaining unit member eligible pursuant to paragraph 6 above who leaves City employment before all retroactive increase payments referenced hereinabove are made to him/her shall be paid any outstanding retroactive monies due to him/her.

8. Employees Possessing a CDL License:

a. Any employee who is required by the Department of Public Works to drive a vehicle that requires a CDL license will be compensated with no less than $1,500.00 added to the employee’s base salary. Effective January 1, 2022, all employees currently receiving the $1,500.00 CDL compensation will receive a $3,500.00 increase to the CDL compensation to $5,000.00. Effective January 1, 2022, the City will utilize Civil Service procedures and the Posting provisions of Article XII.E. of this Agreement for current or new employees to receive the $5,000.00 CDL compensation.

b. For purposes of calculating their increased salaries each year pursuant to sections (A)(1) to A(4) hereinabove, employees receiving CDL compensation pursuant to this article will receive the greater of (i) and (ii) below:

i. Their base salary inclusive of their $1,500/$5,000 CDL compensation plus a 2% increase; and

ii. a) The applicable aforementioned base salary increase in sections (A)(1) to A(4) above applied to their base salary after their $1,500/$5,000 CDL compensation is first deducted, and then the $1,500/$5,000 CDL compensation is added on top of the applicable salary increase.

b) For employees possessing a CDL, the minimum salaries set forth in sections (A)(1) to A (3) hereinabove shall have the $1,500/$5,000 CDL compensation added to the aforementioned minimum salaries.

10. While the City shall maintain the right to continue performance evaluations, said evaluations shall not be used to determine wage increases for the life of this contract.

1. Non-clerical Department of Public works supervisors (i.e. supervisors that work in the field) shall receive an annual clothing allowance of $1,200.00 per year to be paid one-half (1/2) in January and one-half (1/2) in July.

2. The uniform shall consist of a full uniform as determined by the Director of Public Works.

3. All non-clerical Engineering Personnel (i.e. supervisors that work in the field) covered by this Agreement shall receive an annual clothing allowance of $610.00 per year to paid one-half (1/2) In January and one-half (1/2) in July.

4. All clothing allowance shall be paid as follows:

One-half (1/2) in January and one-half (1/2) in July of each year.

5. This Article shall take effect upon ratification of the Agreement.

The regular workday shall consist of eight (8) consecutive hours within a twenty-four (24) hour period, inclusive of meals.

B. Work Week:

The regular work week shall be Monday through Friday.

Work schedules showing each employee's hours and work week, and whether employed on a full for part time basis shall be made available to the Union upon request. Except in cases of emergency, employee(s) and the Union will be notified not less than one (1) week in advance of any change in work schedule of hours. In cases of emergency, the Union will be notified of the change within the pay period following the implementation of the new work schedule of hours.

1. The executive management and administrative control of the City government and its properties and facilities and activities of its employees utilizing personnel methods and means of the most appropriate and efficient manner possible as may from time to time be determined by the City.

2. To make rules of procedure and conduct, to use improved methods and equipment, to determine work schedules and shifts, to decide the number of employees needed for any particular time and to be in sole charge of the quality and quantity of the work required.

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

4. To hire all employees, to promote, transfer, assign or retain employees in positions within the City.

5. To warn, reprimand, suspend, demote, discharge any employee for good and just cause according to law.

6. To lay off employees in the event of lack of funds or under conditions where continuation of such work would be inefficient and non-productive, subject to Civil Service Commission rules and regulations.

B. The City reserves the right, with regard to all other conditions of employment not reserved, to make such changes as it deems desirable and necessary for the efficient and effective operation of the Department.

C. Nothing contained herein shall be construed to deny or restrict the City of its rights, responsibilities and authority under any other national, state, county or local laws and regulations.

D. The City retains the right to subcontract any or all of the work performed by employees covered by this Agreement.

B. Such committees will meet as necessary, but at least quarterly. Written agenda will be submitted a week in advance of regular meetings. Special meetings may be requested by either party. An agenda will be submitted along with the request. Such special meetings will be scheduled as soon as possible.

C. Approved time spent in such meetings shall neither be charged to leave credits nor considered as overtime worked. Management shall make every effort to schedule meetings during reasonable hours without loss of pay.

D. The employee relations joint labor management committees will meet quarterly.

B. The parties further agree to negotiate a substitute for the invalidated portion to the extent the matter is subject to negotiations.

C. If in any case this Agreement is in conflict with New Jersey Civil Service Commission regulations, the New Jersey Civil Service Commission regulations will prevail.

B. This Agreement shall remain in full force and effect during the period of negotiations.

IN WITNESS THEREOF, the parties have caused their names to be signed on ____ day of ___________, 2022.

CITY OF PATERSON __________________________ MAYOR	A.F.S.C.M.E. Local 3474 __________________________
__________________________ BUSINES ADMINISTRATOR	__________________________
__________________________ DIRECTOR OF PERSONNEL	__________________________
ATTEST: __________________________ CITY CLERK	__________________________