Contract Between
S Brunswick Tp-Middlesex
- and -
FMBA Loc 90
* * *
01/01/2004 thru 12/31/2007


CategoryMunicipal
UnitOther

Contract Text Below








COLLECTIVE BARGAINING AGREEMENT

-BETWEEN-

THE TOWNSHIP OF SOUTH BRUNSWICK

-AND-

THE SOUTH BRUNSWICK FIREMEN’S
MUTUAL BENEVOLENT ASSOCIATION,
LOCAL 90, INCORPORATED



JANUARY 1, 2004 THROUGH DECEMBER 31, 2007

PREPARED BY:

METS & SCHIRO, LLP
P.O. BOX 668
WOODBRIDGE, NJ 07095
(732) 636-0040

FMBA ATTORNEYS


TABLE OF CONTENTS

Page
ARTICLE 1 - PREAMBLE..........................................1

ARTICLE 2 - RECOGNITION.......................................2

ARTICLE 3 - DUES CHECKOFF.....................................3

ARTICLE 4 - MANAGEMENT RIGHTS.................................5

ARTICLE 5 - SALARY............................................6

ARTICLE 6 - LONGEVITY.........................................9

ARTICLE 7 - WORK WEEK........................................11

ARTICLE 8 - COMPENSATORY TIME, OVERTIME,
   EMERGENCY CALLOUTS..............................12

ARTICLE 9 - JOB BIDDING AND PROMOTIONS ......................13

ARTICLE 10 - MEDICAL BENEFITS................................14

ARTICLE 11 - PERSONAL DAYS...................................16

ARTICLE 12 - HOLIDAYS........................................17

ARTICLE 13 - VACATION........................................18

ARTICLE 14 - BEREAVEMENT LEAVE...............................20

ARTICLE 15 - GRIEVANCE PROCEDURE.............................22

ARTICLE 16 - DISCIPLINE......................................24

ARTICLE 17 - SENIORITY.......................................25

-i-
Contract 2004-2007.doc
-49-

TABLE OF CONTENTS CONT’D
Page

ARTICLE 18 - LAYOFF AND RECALL...............................26

ARTICLE 19 - UNION PRIVILEGES................................28

ARTICLE 20 - BULLETIN BOARDS.................................30

ARTICLE 21 - TELECOMMUNICATORS...............................31

ARTICLE 22 - EDUCATION.......................................33

ARTICLE 23 - RULES AND REGULATIONS...........................36

ARTICLE 24 - SICK LEAVE PLAN.................................37

ARTICLE 25 - OUT-OF-TITLE PAY................................41

ARTICLE 26 - DEPUTY FIRE MARSHALS............................42

ARTICLE 27 - DISCRIMINATION AND COERCION.....................44

ARTICLE 28 - SEPARABILITY AND SAVINGS........................45

ARTICLE 29 - DURATION OF CONTRACT............................46

ADDENDUM A

ADDENDUM B












-ii-


ARTICLE 1

PREAMBLE

The purpose of this Agreement entered into this ________ day of _____________, 2004 between the Township of South Brunswick, hereafter referred to as the Township, and Firemen’s Mutual Benevolent Association, Local 90, hereafter referred to as the Union, is to promote and insure harmonious relations, cooperation, communication and understanding between the Township and the Union, for the purposes of collective negotiations with respect to compensation, hours of work and other conditions of employment as herein provided. ARTICLE 2
RECOGNITION
A. The Township recognizes the Union as the sole and exclusive collective bargaining agent for all permanent full-time Fire Marshals and Public Safety Telecommunicators.  Temporary full-time, part-time, seasonal employees, all other employees, supervisors, confidential employees, managerial and police employees as defined by PERC are not covered by this agreement.
B. Temporary full-time employees are hired for full-time work for a period of limited duration not to exceed six (6) months. Temporary part-time employees work on the average less than the prescribed number of hours per week in a position, for a limited period of time (not to exceed six (6) months).

  ARTICLE 3
DUES CHECKOFF
A. Upon completion of 30 calendar days of employment, the
Township agrees to deduct from the salaries of its employees
subject to this Agreement, dues for the Union. Such deduction
shall be made in compliance with N.J.S.A. 52:14-15.9(e), as
amended. Said monies, together with records of any corrections,
shall be transmitted to the Union by the end of the next
month on or before the fifteenth (15th) day of the following
month in which deductions were made.
B. The Township shall notify the President of the Union of
all newly hired employees eligible for membership in the Union.
C. If there shall be any change in the rate of membership
Dues during the life of this Agreement, the Union shall furnish to
the Township written notice, prior to the effective date of such
change.
D. The Union will provide the necessary check off
authorization forms and the Union will secure the signatures of
its members on the forms and deliver the signed forms to the
designated Township officials, as provided in N.J.S.A. 52:14-
15(e), as amended. The authorization to deduct full Union dues
may be revoked by an employee at any time, and full dues shall
terminate January 1, or July 1, whichever date occurring first
after notice of termination.
E. 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 of reentry 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 percent (85%) of the regular Union
membership dues, fees and assessments.
F. The Union shall indemnify, defend and save the Township
F. harmless against any and all claims, demands, suits, or other forms of liability that may arise out of or by reason of action taken by the Township on reliance upon the salary deduction authorization cards submitted by the Union to the Township and/or that may arise by reason of action taken by the Township in the salary deduction of eighty five percent (85%) of Union dues for employees who are not members of the Union.
ARTICLE 4
MANAGEMENT RIGHTS
There are no provisions in the Agreement that shall be deemed to limit or curtail the Township in any way in the exercise of the rights, powers, and authority which the Township had prior to the effective date of this contract unless and only to the extent that provisions of the Agreement specifically curtail or limit such rights, powers and authority. The Union recognizes that the Township's rights, power and authority include, but are not limited to: The right to manage its operation; direct, select, decrease and increase the work force including hiring, promotion, demotion, transfer, and layoff; the right to discipline and discharge for cause; the right to make all plans and decisions on all matters involving its operation; the extent to which any department thereof shall be operated; the conditions thereto; replacements, curtailments, or transfers thereof; removal of equipment; outside purchases of products or services; the scheduling of operations; means and processes of operations; materials to be used and the right to introduce new and improved methods and facilities and to change existing methods and facilities; to maintain discipline and efficiency of employees; to prescribe reasonable rules to that effect; to establish and change standards of performance; determine qualifications of employees; regulate and ensure quantity and quality in performance; and to run the department efficiently.
ARTICLE 5
SALARY

A. TELECOMMUNICATORS

See attached Addendum A

B. DEPUTY FIRE MARSHALS
See attached Addendum B.
C. All employees whose salary as of 12/31/03 was at or above top step, shall receive the following increases:
    Effective and retroactive to 01-01-04 3.5%
    Effective 01-01-05 3.5%
    Effective 01-01-06 3.5%
    Effective 01-01-07 3.5%
D. Effective and retroactive to January 1, 2004, employees who commence or who have commenced their 20th year of employment shall be placed at “senior step.”  Employees who commence their 20th year of employment from January 1 through June 30 shall receive “senior step” on the next January 1. Employees who commence their 20th year of employment from July 1 through December 31 shall receive “senior step” on the next July 1.  Employees who have already commenced their 20th or later year of service as of the effective date of this agreement shall be placed at “senior step” effective and retroactive to January 1, 2004.  “Senior step” shall be 4.5% above the employee’s base pay.
E. On January 1 of each calendar year, each employee shall
move horizontally and vertically on the step guide.  However, if an employee does not receive a “satisfactory” rating on his evaluation, his vertical increment shall be frozen for a period of 60 calendar days during which the employee will be reevaluated.  If the employee’s reevaluation is “satisfactory,” he shall receive the vertical increment retroactive to January 1.  If he does not receive a “satisfactory” reevaluation and/or is disciplined, such action shall be subject to the grievance and arbitration procedure.
1. Each employee shall receive an interim evaluation during the month of July.  The final evaluation shall be not later than the following December 15.  Reevaluations shall be completed by March 1.
F. New employees who successfully complete their probationary period will receive their vertical contractual increases retroactive to the effective contract date.  New hires will automatically receive all horizontal contractual increases on the effective contract date regardless of their status as probationary employees.
G. All new employees hired after the execution date of this Agreement shall receive pay increases under the following procedure:
1. New employees hired during the period of January 1 through June 30 who successfully complete their probationary period will receive their vertical contractual increases on the next January 1.  Thereafter, all such new employees will be on a January 1 increment date.  These employees will automatically receive all horizontal contractual increases on the effective contract date regardless of their status as probationary employees.
2. New employees hired during the period of July 1 through December 31 who successfully complete their probationary period will receive their vertical contractual increases on the next July 1.  Thereafter, all such new employees will be on a January 1 increment date.  These employees will automatically receive all horizontal contractual increases on the effective contract date regardless of their status as probationary employees.

ARTICLE 6
LONGEVITY
A. All bargaining unit members hired before January 1,1983
shall continue being covered by the longevity plan, commencing upon anniversary date, described in the Personnel Policies and Procedures Manual with the exception that no employee shall be entitled to receive more than Five Thousand Dollars ($5,000) in any given year.
B. Employees hired after January 1, 1983, but prior to January 1,
1998 shall be subject to the following longevity plan:
Longevity Schedule
1. After completion of five (5)-years commencing upon anniversary date through ten (10) years - Six Hundred Fifty Dollars ($650) per year.
2. After completion of ten (10) years through fifteen (15) years - One Thousand Dollars ($1,000) per year.
3. After completion of fifteen (15) years through twenty (20) years -One Thousand Five Hundred Dollars ($1,500) per year.
4. After completion of twenty (20) years through twenty-five (25) years - Two Thousand Dollars ($2,000) per year.
5. After completion of twenty-five (25) years through thirty (30) years - Two Thousand Five Hundred Dollars ($2,500) per year.
6. After completion of thirty (30) years - Three Thousand Five Hundred Dollars ($3,500) per year.

C. All payments shall be pro-rated in paychecks.
D. Payments shall commence upon attaining the anniversary date
of full-time hiring.
E.  Employees hired after January 1, 1998 shall not be eligible for Longevity Plan benefits.

ARTICLE 7
WORK WEEK
A.  Deputy Fire Marshals - The normal work week shall be thirty-five (35)hours per week, not including a one (1) hour unpaid meal break.
B.  Public Safety Telecommunicators - The normal work week shall be forty (40) hours.
C.  Deputy Fire Marshals and Public Safety Telecommunicators shall receive ten (10) days notice of a change in work schedule except in exigent circumstances.

ARTICLE 8
COMPENSATORY TIME, OVERTIME, EMERGENCY CALLOUTS
A. Compensatory time up to a maximum of one hour per work day may be earned by employee.
B. All time worked after eight (8) hours during the employee's workday shall be computed at the overtime rate of one and one-half times the employee's hourly rate. For Deputy Fire Marshals, work on weekends and holidays shall be computed at the overtime rate of one and one-half times the employee's hourly rate.  
C. If an employee is called out to respond to an emergency
situation, the employee shall be paid a minimum of three hours at the employee's overtime rate except as noted in paragraph B. The employer retains the right to keep the employee for the full call-out period. This paragraph is only applicable to situations where the call-back is not contiguous on front or back side with employee's workday.
D. An employee donating blood during work hours as part of the
Township blood drive, shall be credited with 2 hours comp time to be scheduled with the approval of the Department Head.
E. Employees who are on-call shall be required to report to duty within 30 minutes from the call-in if they are assigned a Township vehicle and within 45 minutes if they are not assigned a Township vehicle.


ARTICLE 9
JOB BIDDING AND PROMOTIONS
A. All new and vacant positions which are to be filled must be
posted within all departments for five consecutive days. Job qualifications shall be part of the job posting and shall clearly state the qualifications for the position.
B. All employees who have been in their current position for
one year or more may bid on vacant positions, provided however, that the vacant position is in a classification higher than that of the position presently held by the employee, except that an employee may bid on a lateral transfer once every six (6) months. Seniority may or may not be a criteria for promotion. Any employee bidding on any union or administrative promotion or vacant position within the Township that meets all qualifications, shall be given preference to fill that position before hiring someone from the outside. Any employee not receiving the position shall be notified in writing.
C. Employees on layoff shall be eligible to bid on job openings.
D. Any employee promoted into a position with a higher job
range shall receive a five percent (5%) increase in his/her annual base salary at the time of appointment. If five percent (5%) does not equal the minimum of the new salary range, he/she will receive the minimum of the new range.
ARTICLE 10
MEDICAL BENEFITS
A. Bargaining unit employees and eligible dependants shall
receive the State Health Benefits Plan.  Bargaining unit members and eligible dependants shall receive Dental Care Program provide by the New Jersey Dental Service Plan, Inc. and the State Health Benefits Plan prescription program.  The current Vision Care Program in effect as of December 31, 1987 shall continue in full force and effect for bargaining unit members and eligible dependants.  A fifteen dollar ($15) benefit shall be granted to defray the cost of glaucoma test if not included as part of a regular eye exam.
B. The Township may change these plans and vendors provided
that the overall level of benefits remains the same or is improved.
C.  The Township shall provide Retiree Medical Benefits, including prescription, for the Retiree and eligible family members, after 25 years of service in PERS with at least 15 years of service with the Township and/or ordinary and accidental disability retirement until the employee is eligible for Medicare and his/her spouse is eligible for Medicare. Then supplemental medical benefits, including prescription will go into effect for the retiree and/or spouse, if applicable, at the Township’s cost.  Coverage shall make the retired employee’s medical, hospitalization, and prescription substantially similar to the current medical and hospitalization coverage provided to the current employees under the prevailing collective bargaining agreement. If the employee retires with 30 years service within the PERS with a minimum of 15 years service with the Township, the employee shall receive dental insurance also until eligible for Medicare.  If an employee dies “off the job” the family shall receive medical insurance coverage for a period of five (5) years or until the spouse remarries or obtains employment which provides medical insurance coverage.  If the employee dies on the job, the family shall receive 10 years medical insurance or until the spouse remarries or obtains employment which provides medical insurance coverage.
D. The Township agrees to continue for all bargaining unit employees the disability coverage purchased through the Life Insurance Company of North America, that was in effect as of December 31, 2000.  The Township agrees to pay $6.50 per month for each employee towards the premium of said policy.
E. The Township shall, at its cost, provide well care visits for the children of employees who do not have such coverage under their chosen plan.
 


ARTICLE 11
PERSONAL DAYS
A. All bargaining unit members hired prior to January 1, 1998, shall receive three (3) personal days each year. A request for a personal day shall be submitted not less than two (2) hours in advance of the employee’s shift. However, in cases of emergency, an employee may call into the supervisor that he/she is taking a personal day.
B. Employees hired after January 1, 1998 shall receive one (1) personal day their first year of employment; two (2) day during the second year of employment and three (3) days the January following their third anniversary.
ARTICLE 12
HOLIDAYS
A. The Township hereby designates the following holidays:
      New Year's Day Labor Day
Martin Luther King's Birthday Columbus Day
      Lincoln's Birthday Veteran's Day
      Washington’s Birthday Good Friday
  Thanksgiving Day Friday following
Thanksgiving
      Memorial Day Independence Day
Christmas Day Election Day
B. For Deputy Fire Marshals, if a holiday falls on a Sunday, it shall be observed on the following Monday. If a holiday falls on a Saturday, it shall be observed on the preceding Friday.
C. Should an official holiday occur while an employee is on sick or vacation leave the employee shall not have that holiday charged against sick or vacation leave.
D. A holiday for Telecommunicators shall be deemed to be on the actual calendar day on which the holiday falls.
ARTICLE 13
VACATION
A. Full-time permanent employees shall be granted a vacation
leave, with pay, each year, in accordance with the following schedule.
1. Employees with five (5) or less years service shall earn one working day of vacation for each month of service.
2. Employees, upon completion of five (5) years of service, shall be entitled to annual working days of vacation leave as follows:
(a) From completion of five (5) years of service to completion of ten (10) years - seventeen (17) days.
(b) From completion of ten (10) years to completion of fifteen (15) years nineteen (19) days.
(c) From completion of fifteen (15) years to completion of twenty (20) years twenty-one (21) days.
(d) From completion of twenty (20) years to completion of twenty-five (25) years - twenty-three (23) days.
(e) From completion of twenty-five (25) years on - twenty-five (25) days.
B. Employees will be allowed to carry over up to ten (10) earned
and accumulated vacation days into the next calendar year with written approval of the Township Manager or Designee.
C. In no event shall an employee be entitled to earn more than
twenty-five (25) days of vacation leave per year.
D. The provisions of the Vacation Leave Policy, as provided in
the PPPM, shall apply where applicable.
E. Vacation shall be pro-rated during first year and last year
of service.
F. Employees will not be eligible to use vacation days during
probationary period.
G. Employees on paid or unpaid leave for more than thirty (30)
days shall have vacation pro-rated for time absent.
ARTICLE 14
BEREAVEMENT LEAVE
A. Each bargaining unit member may be granted time off, upon
notification to the employee's department head, with pay, not to exceed five (5) working days for the death of a spouse or child from day of death or day of funeral.
B. Each bargaining unit member may be granted time off, with
pay, not to exceed four (4) working days in the event of a death in his/her immediate family from day of death or day of funeral. The term "immediate family" for the purpose of this policy shall mean the father or mother, brother or sister, step-child, current mother-in-law or current father-in-law, current brother-in-law or current sister-in-law, and grandparents and grandchildren of the employee.
C. Reasonable verification of the death may be required by the
Township.
D. After the expiration of the bereavement leave the employee
has the option of using accumulated vacation and personal days in order to extend his/her time off, due to extenuating circumstances resulting from the death of a spouse or child. If the employee has four or less days remaining he/she shall have the right to charge against next year's vacation and personal days entitlement, as selected by the employee upon application for same.
E. If an employee terminates his/her employment with the
Township, the Township may deduct from his/her last paycheck any advance leave days that the employee has taken but not earned. If any balance remains the Township may collect same utilizing all remedies available to it.

ARTICLE 15
GRIEVANCE PROCEDURE
A. A grievance is defined as any dispute, controversy or issue
involving the interpretation, application or violations (alleged or otherwise) of any provision of this Agreement or the application of any rules, regulations, ordinances and/or statute which actually affects working conditions.
STEP ONE: The Union Representative, with or without the aggrieved employee, shall take up the grievance or dispute with the employee’s immediate supervisor within 5 work days of the date of the occurrence of the grievance.  The supervisor shall attempt to adjust the matter and shall respond to the Union Representative within 5 work days.  If the grievance or dispute is not taken up in accordance with this provision within 5 work days of its occurrence or within 5 work days upon learning of the existence of the alleged grievance or dispute, it shall be deemed abandoned.
STEP TWO: Within 5 work days of the oral or written answer from the immediate supervisor, if the grievance is not resolved, the employee or Union Representative shall file a written grievance with the Department Head or his designee, setting forth the facts of the dispute and the contract provision in question.  The Department Head or his designee will arrange a meeting with the employee and Union Representative not later than 5 work days to attempt to resolve the grievance.  The Department Head or his designee shall give a written answer to the employee and Union Representative not later than 5 work days from the meeting.
STEP THREE:  If the grievance still remains unsettled, it shall be presented to the Township Manager in writing within 7 work days from receipt of the Department Head’s  response.   The Township Manager or his designee will meet with the Union Representative and employee within 10 work days of receipt of the grievance.  The Township Manager or his designee shall respond in writing within 5 work days to the employee and Union Representative.  If the grievance is not presented in writing, in accordance with this provision within 7 work days, it shall be deemed abandoned.  Time lost from work to process grievances, and such discussion or meeting by the grievant and Union Representative shall not result in the loss of pay (no overtime liability, however).    
ARBITRATION: If the grievance is still unsettled, the Township or Union may, within 10 work days after receipt of the Step 3 reply, request binding arbitration.  Such request shall be submitted to the Public Employment Relations Commission, with a copy served on the other party.  In the absence of a timely request, the grievance shall be deemed abandoned.   The arbitrator shall hear the matter on the evidence and within the meaning of his Agreement, and render his award in writing which shall be final and binding. The arbitrator’s decision cannot add to, subtract from, or modify this Agreement. The cost of the arbitrator’s fee shall be shared equally by the parties.  Time extensions may be mutually agreed to by the parties.
ARTICLE 16
DISCIPLINE
A. No employee may be disciplined except for just cause. Any
grievance concerning discipline shall be initiated at Step Two of the Grievance Procedure and may be appealed through the arbitration procedure.
B. Discipline includes: oral and written warnings, suspension, demotion, termination, and other penalties imposed by the Township. The employee shall be notified, in writing, of the charges and specifications.
ARTICLE 17
SENIORITY
A. Seniority is defined as an employee's total length of
service from date of hire.
B. Permanent employees shall, upon successful completion of
their probationary period, be considered to have seniority back to their date of hire with the Township. Temporary full-time employees, upon being permanently hired by the Township, shall be considered to have seniority back to their original date of hire into temporary employment with the Township.
C. Seniority shall accumulate until there is a break in
service. A break in service occurs when an employee resigns, retires, or is terminated.
D. If an employee is laid off, his/her seniority shall be
retained until the employee is recalled or refused when recalled. Seniority shall continue to accrue during any period of
absence due to sick or injury leave, maternity leave (up to one year), military leave, or paid leave of absence.
E.  Shift selection shall be by seniority, provided it does not conflict with PERC decisions.
ARTICLE 18
LAYOFF AND RECALL
A. In the event layoffs become necessary, such layoffs shall be
based on the inverse order of seniority by the date they were hired by the Township.
B. If an employee's position is cut, laid off or the department
they work for is no longer employed by the Township, and that employee has higher seniority than another employee they shall have the right to bump into another department with the same title and/or pay range as the affected employee provided the employee can meet the minimum qualifications of the job as determined by management subject to the grievance procedure. If the employee has to bump into a lower position they may not bump an employee with more seniority.
C. The Township shall notify the Union and employee at least 45
days in advance of a scheduled layoff.
D. When vacancies occur thereafter, each laid off employee
shall be recalled upon a basis of seniority, and prior to the employment of any new person, provided, however, they accept recall in that classification where the vacancy exists, and further provided that those recalled have the demonstrated ability and qualifications to perform the available work, as determined by the Township. Any laid off employee who fails to report for duty within fifteen (15) days after the mailing to him of a written notice, postage prepaid, registered, to the last address known to the Township, and return receipt requested shall lose his/her rights to be rehired hereunder.
E. For the purpose of this Article, employees laid off will be called back during a two (2) year period only.
ARTICLE 19
UNION PRIVILEGES
A. The Union shall be allowed to conduct normal business
meetings on Township property, provided that space is available, and requests are made at least one (1) week in advance. Employees may attend such meetings only during off duty hours.
B. A negotiation committee, consisting of no more than three 3) members within the unit, shall be allowed to take time off from their assignment, with pay, if required to attend negotiation sessions with the Township negotiation committee during normal working hours.
C. The Union shall be entitled to ten (10) days leave per
calendar year without loss of pay to attend to Union business (State meetings, etc.).  The Union shall provide the names of the individuals serving as Delegate, Alternate Delegate, President and Vice President to the Department Head or designee.  The Union President shall give the Department Head or designee at least 10 days advance notice for scheduling purposes when time off is needed to conduct Union business.  Union business leave may be taken in increments of one (1) day or more.  Designated representatives of the Union shall be entitled to attend all conventions of the State FMBA without loss of pay.  A maximum of ten percent (10%) of the Union membership shall be allowed such leave; provided, however, that no less than two (2) and a no more than ten (10) representatives shall be released from duty.  Such leave without pay shall not exceed seven (7) days and the Township shall allow for reasonable travel time. Unused leave time may not be carried into the succeeding calendar year unless approved by the Department Head or designee.

ARTICLE 20
BULLETIN BOARDS
A. The Union shall be permitted to place one (1) bulletin
Board in the Union office.
B. The size shall not exceed two (2) feet by three (3) feet,
and shall be acceptable in appearance by the Township.
C. The bulletin board shall be used only for the following
notices:
1. Recreational and social affairs of the Union
2. Union meetings
3. Union elections
4. Reports of Union committees
5. Rulings of policies of the International Union
D. Notice of announcements shall not contain anything political or controversial, or anything reflecting upon the Township, any of its employees, and no material, notices, or announcements which violate the provisions of this section shall be posted.
E. Any Union authorized violation of this Section shall entitle
the Township to cancel immediately the provisions of this Section and direct removal of the bulletin board. In the event any non-Union authorized material is posted on bulletin board, it shall be promptly removed by the Union President, or his/her designee, upon notification by the Township. All material placed on the bulletin board must bear the signature of an officer of the Union.
ARTICLE 21
TELECOMMUNICATORS
A. CLOTHING
1. Effective and retroactive to 1/1/04, each Telecommunicator shall receive an annual clothing allowance of $550.00.
a) Whenever the Township hires a new Telecommunicator for full-time work, subject to a six (6) month probation period, said employee shall not be entitled to the normal clothing allowance given to other Telecommunicators. However, the Township shall provide a full set of uniforms, consisting of two (2) long sleeve and two (2) short sleeve shirts, two (2) pairs of slacks or skirts, and one (1) tie.
b) All new employees who fail to satisfactorily complete the six (6) month probationary period and are terminated, shall be required to return the uniforms. Payment of any final wages or salaries due shall not be made until said employee turns in the clothing.
c) If the beginning date of employment is prior to July 1, of any given year the employee shall not be entitled to any additional clothing allowance for the remainder of that year.
          d) If employment occurs after July 1, of any given year
then - for the following year the employee shall receive one half
() of the regular clothing allowance given to Union employees.
e) Payment of the clothing allowance shall be on or before March 30, of each year.
f) Payment under this Article shall be pro-rated if on extended unpaid leave.
g) No employee shall receive such monies until completion of probation.
B. SHIFT DIFFERENTIAL
Telecommunicators on duty on the 1 shift shall be entitled to a rate differential increase in pay of forty-five cents ($.45) to base pay for each hour actually worked and thirty cents ($.30)to base pay for each hour actually worked on the 3 shift.
C. SCHEDULING
If a Telecommunicator is not scheduled to work on a holiday, the Telecommunicator will receive a compensatory day which must be taken within thirty (30) days. Such time off will only be allowed manpower permitting. If a Telecommunicator is scheduled to work and does work on a holiday, he/she will receive time and one-half for that day and a compensatory day (straight time) under the same conditions as set forth above.
ARTICLE 22
EDUCATION
A. All educational courses that are job related or that may
enable an employee to qualify for promotional advancement in his/her department or related departments and that are successfully completed by the bargaining unit employees, shall be paid for by the Township in an amount of Sixty Dollars ($60) per credit hour. Prior approval from the employee's respective supervisor and the Township Manager, indicating that the courses are eligible for reimbursement, must be obtained. All training courses that are successfully completed by bargaining unit members, shall be paid for by the Township.
B. "Successfully completed" means that to gain reimbursement
the employees must obtain a certification from the educational institution involved, indicating that if letter grades are given for the course, a grade of "C" or better must be obtained. If no letter grades are provided, then a certification must show that the employee has completed the course. Employees who leave the employ of the Township within one year of receipt of the monies for college or graduate credits shall remit all monies received except in cases of death or disability.
C. The cost of vocational training courses that are directly
job related, will be fully reimbursed. Vocational training courses that are not job related are subject to reimbursement at the rate of fifty percent (50%) of the cost of the course. All applications for vocational training courses must be submitted to the department head and the Township Manager for review and approval.
D. Employees who receive the Degree Incentive Program as of
December 29, 1997 shall continue to do so on an annual basis. Employees hired prior to January 1, 1998, who subsequently earn a degree which qualifies for payment shall receive the payment once during their employment, not on an annual basis. Employees hired after January 1, 1998 shall not be entitled to Degree Incentive Program benefits.
DEGREE INCENTIVE
Associate Degree $350.00
      Bachelors Degree $900.00
Masters Degree $1100.00
E. Payment for a degree newly acquired in the previous year
will be pro-rated on the basis of the date of the degree to year end. An employee claiming this benefit must produce for his/her personnel record, a copy of the certification evidencing the holding of the degree. Payment for those eligible will be made not later than November 30th. Each employee shall give written notice to their department head by October 1st of the year prior to the year he/she anticipates receiving the degree.
F. Employees who leave the employ of the Township within one
(1) year of receipt of the monies shall remit all monies received for college or graduate credits within that year period except in cases of death or disability.
G. Effective upon signing of this contract to receive payments
under this Article such degrees must be obtained after employment with the Township. Probationary employees shall not be eligible for such payments.
ARTICLE 23
RULES AND REGULATIONS
The Township shall provide at least ten (10) calendar days
written notice to the Union President of any new rules or
modifications to existing rules prior to implementation except in emergency circumstances where as much notice as possible will be given.  The Union may grieve new or modified work rules consistent with Article 15.
ARTICLE 24
SICK LEAVE PLAN
A. The Sick Leave Incentive Plan described in the Personnel
Policy and Procedures Manual (PPPM) shall continue in effect during the life of this contract with the following revisions.
B. For employees hired prior to January 1, 1998: If an employee has accumulated fifty (50) days of sick leave as of December 31, then the next year he/she has the option of selling the unused days, over fifty (50), back to the Township at the rate of forty dollars ($40.00) per day. For employees hired on or after January 1, 1998 the employee shall have seventy-five (75) accumulated days to be eligible.
C. For employees hired prior to January 1, 1998: If an employee uses less than seven (7) sick days per year he/she will be reimbursed at the rate of Five Dollars ($5.00) per day for every unused sick day earned that year. However, if the employee uses three (3) sick days or less he/she will be reimbursed at the rate of Ten Dollars ($10.00) per day for every unused sick day earned that year. Employees hired on or after January 1, 1998 shall not be eligible to receive this benefit.
D. At the separation, an employee with less than five (5) years
of service is entitled to twenty five percent (25%) of accumulated sick leave. With five (5) or more years of service an employee is entitled to thirty three percent (33%) of accumulated sick leave.  Maximum cash benefit from sick leave at retirement or separation shall be Twenty Thousand Dollars ($20,000.00).
E. The incentive plan is only applicable to the fifteen (15)
allotted sick days. Employees hired on or after January 1, 1998 shall not be eligible to receive the benefit in Paragraph C.
F. In the event of the death of any employee, the designated
beneficiary of the employee or his/her estate shall receive one hundred percent (100%) of the accumulated sick leave, not to exceed the maximum award for sick leave of Twenty Thousand Dollars ($20,000.00).
G. Sick leave is hereby defined to mean absence from work
because of personal illness, or illness of employee's family in his household who requires care. The employee may request sick leave for family residing outside of the home, if recommended by the Department head with approval by the Township Manager which shall not be unreasonably denied.
H. All full-time employees covered by this Agreement shall be
granted sick leave with pay in the amount of one and one quarter (1 1/4) working days for every month of service during their first calendar year of service and last calendar year. New employees hired between the first and fifteenth of the month shall earn one and one quarter (1 1/4) days of sick leave for the first calendar month of their employment. New employees hired after the sixteenth of the month shall begin accruing sick leave as of the next calendar month. On January 1 of the next calendar year and on January 1, of every succeeding calendar year, the employee shall accrue fifteen (15) working days.
I. If, upon termination, an employee has used more sick leave
than accrued the Township will deduct from the employee's last paycheck, an amount equal to the rate of pay for the sick leave taken in excess of the amount earned.
J. Medical verification may be required. Such shall not be
arbitrary and capricious. If employee is sent to Township Doctor such expenses shall be paid pursuant to Paragraph Q.
K. An employee is required to notify the Department Head or his designee as early as possible, but no later than fifteen (15) minutes following the start of the scheduled work shift or a reasonable time in the case of an emergency. Failure to give notification, as required may result in loss of sick leave pay.
L. In charging an employee with sick leave, the smallest unit
to be considered is one-quarter (1/4) of a working day.
M. Sick leave shall not be allowed for such things as ordinary
dental care, nor for any other professional services that may be normally scheduled within the employee's regular off time. The utilization of sick leave for elective medical procedures will not be considered without sufficient medical evidence to substantiate the necessity of scheduling the medical or dental services during the workday.
N. Habitual unjustified absenteeism or tardiness may be cause
for discipline up to and including discharge.
O. Any employee who calls in sick for the purpose of engaging
in outside employment shall be subject to disciplinary action up to and including discharge.
P. Any employee who engages in outside employment while on sick
leave without the permission of the Department Head shall be subject to disciplinary action up to and including discharge.
Q. Whenever the Township is paying for medical reports pursuant to this Article, the employee agrees to submit expenses to his/her insurance company for reimbursement, partial or total; such monies being turned over to the Township.
R. EXTENDED SICK LEAVE
Any employee incurring an illness or injury in a non-work related incident or accident and is receiving compensation through accrued sick leave or advanced sick leave, shall remain on the payroll as an active employee whose compensation shall be considered wages until such employee exhausts his/her accrued and advanced sick leave.  This Article shall not affect any provision in the South Brunswick Revised General Ordinances relating to sick pay and/or sick leave and any provisions in the Personnel Policy and Procedures Manual derived from the South Brunswick general Ordinances relating to sick pay and/or sick leave.  To the extent this Article may be inconsistent with the same, the PPPM shall prevail.
ARTICLE 25
OUT-OF-TITLE PAY
Employees who work in a higher title for four (4) consecutive weeks shall receive the greater of five percent (5%) or the difference in pay between the two (2) positions at the bottom of the range retroactive to the beginning of the third week.
ARTICLE 26
DEPUTY FIRE MARSHALS
A. UNIFORMS: Whenever the Township hires a new Deputy Fire
Marshal, said employee shall be provided with the following:
      Short Sleeve Shirts
      (5) Long Sleeve Shirts
      (5) Pairs of Pants
      (1) Black Clip-On Tie
      (1) Winter-Summer Combination Jacket
      (1) Pair of Safety Boots
(1) Winter Hat
(1) Raincoat
(1) Bell cap
(1) Silver band
(1) Hat badge
(1) Pair of dress shoes
(1) Uniform belt
      (1) Dress Uniform, if required by the Township
If at any time the Township makes any uniform change, the initial cost of requiring each Deputy Fire Marshal to change his/her uniform shall be borne by the Township and shall not be paid out of any part of the Deputy Fire Marshal’s uniform or cleaning allowance.  Uniforms shall be replaced at the Township’s expense on an as needed basis.
B. Effective and retroactive to 01-01-04, and thereafter, each Deputy Fire Marshal shall receive a clothing allowance of $150.00 per year.  The allowance will be paid on or before December 1st of each year.
C. ON CALL: Deputy Fire Marshals on call shall receive $850.00 per year for being on call. Employees on call are expected to be available and will be called out if the emergency so dictates. Call-Outs shall be compensated pursuant to Article 8(c).  When deputies are required to cover additional on call time, four (4) hours of pay at the straight time rate shall be paid for every day of extra on call covered.  No Deputy Fire Marshal shall be on call more than two (2) weeks per month or more than two weeks consecutively unless exigent circumstances prevail as determined by the Department Head or his designee.
D. Deputy Fire Marshals shall be given ten (10) days notice of a change in work schedule, except in exigent circumstances.
E. Scheduling:  Such time off will only be allowed manpower permitting.  If a Deputy Fire Marshal is scheduled to work and does work on a holiday, he will receive time and one-half for that day. ARTICLE 27
DISCRIMINATION AND COERCION
A. The Township and the Union agree that there shall be no discrimination against any employee because of age, race, creed, color, religion, marital status, sex, national origin or political affiliation.
B. The Township and the Union agree that all employees covered under the Agreement have the right without fear of penalty or reprisal to form, join, and assist any employee organization or to refrain from any such activity. There shall be no discrimination by the Township or the Union against any employee because of the employee's membership or non-membership or activity or non-activity in the Union.
ARTICLE 28
SEPARABILITY AND SAVINGS
If any provision of this Agreement or any application of this Agreement to any employee or group of employees is held to be contrary to law, then such provision or application shall not be deemed valid and subsisting, except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect.  The Township and the Union shall immediately commence negotiations to attempt to render such application or provision valid.ARTICLE 29
DURATION OF CONTRACT
This Agreement shall be effective as of the first day of January, 2004, and shall remain in full force and effect until midnight on December 31, 2007.
This Agreement may be reopened for successor contract negotiations by either party upon notice in writing of at least sixty (60) days, and no more than one hundred twenty (120)
days prior to December 31, 2007.


FOR FMBA LOCAL 90 FOR THE TOWNSHIP


___________________________ _________________________
BRIAN KEANE

Title: PRESIDENT Title:

Dated: Dated:


___________________________ _________________________


Title: Title:

Dated: Dated:


____________________________ _________________________


Title: Title:

Dated: Dated:






S Brunswick Tp and FMBA Loc 90 2004.pdf