AGREEMENT
BETWEEN
CHERRY HILL POLICE BENEVOLENT ASSOCIATION
LOCAL NO. 176 AND
TOWNSHIP OF CHERRY HILL,
CAMDEN COUNTY, NEW JERSEY
JANUARY 1, 2014 THROUGH DECEMBER 31, 2017
INDEX
ARTICLE PAGE
Preamble 3
1 Recognition 3
2 Non-Discrimination 4
3 Local Rights and Responsibilities 4
4 Management Rights 7
5 Leaves of Absence 7
6 Maintenance of Operations 9
7 Grievance Procedure 11
8 Compensation 14
9 Sick Leave 16
10 College Incentive Program 18
11 Exchange of Hours of Duty 19
12 Hours and Overtime 20
13 Clothing Allowance 22
14 Holidays 24
15 Vacations 24
16 Separation, Death and Retirement 25
17 Service Records/Personal Files 28
18 Bulletin Board 29
19 Bereavement Leave 29
20 Travel Expenses 30
21 Hospitalization and Medical Benefits 30
22 Military Leave 35
23 Personal Days 37
24 Statutory and Legal Rights 38
25 Communicable Diseases 38
26 Insurance 38
27 Separability and Savings 38
28 Superseding Clause 39
29 Maintenance of Benefits 39
30 Fully Bargained Provisions 39
31 Dues Deduction & Representation Fee 40
32 Additional Provision 41
33 Term and Renewal 42
Signature Page 42
Salary Schedule App. A
PREAMBLE This Agreement entered into this day of November, 2014 by and between the TOWNSHIP OF CHERRY HILL, in the County of Camden, New Jersey, a Municipal Corporation of the State of New Jersey, (hereinafter called the Township) and the POLICE BENEVOLENT ASSOCIATION, CHERRY HILL LOCAL NO. 176, (hereinafter called the “Local”). ARTICLE 1
RECOGNITION The Township, pursuant to a Certification of Representative dated November 14, 2001, issued by the Public Employment Relations Commission Docket No. RO-2001-16, recognizes the PBA as the representative for the purposes of collective negotiations for the following unit of employees: UNIT Included: All Police Officers, Detectives and Investigators employed by Cherry Hill Township.
Excluded: All other Employees, managerial executives, confidential Employees, craft Employees, professional Employees, non-police Employees, casual Employees and supervisors within the meaning of the Act; Sergeants, Lieutenants, Captains and Chief of Police employed by Cherry Hill Township.
The title of Police Officer shall be defined to include the plural as well as the singular, and to include males and females.
ARTICLE 2
NON-DISCRIMINATION
There shall be no discrimination by the Township or the Association against any employee because of the employee’s membership or non-membership in the Association. Neither the Township nor the Association shall discriminate against any employee because of race, creed, color, national origin, ancestry, age, marital status, religion, pregnancy, civil union status, domestic partnership status, affectional or sexual orientation, genetic information, sex, gender identity or expression, disability, including AIDS or HIV, or atypical hereditary cellular or blood trait, or because of the liability for service in the Armed Forces of the United States, and any other characteristic protected by law.
ARTICLE 3
LOCAL RIGHTS AND RESPONSIBILITIES A. Authorized representatives of the Local, whose names shall be filed in writing with the Mayor, or his designee, shall be permitted to visit any Police facility for the purpose of processing or investigating grievances, provided that prior approval has been secured from the Chief of Police, or his designee, on condition that such prior approval shall not be unreasonably withheld. At least one (1) authorized PBA representative shall be granted such permission. The Local representatives shall not unreasonably interfere with the normal conduct of the work within the police facility.
B. Pursuant to NJSA 40A:14-177, the Township agrees to grant a leave of absence with pay to the duly authorized representatives of the Policemen’s Benevolent Association, Cherry Hill Local 176 to attend any State or National convention of such organization. A certificate of attendance to the State or National convention shall be submitted by the representative so attending. Leave of absence shall be for a period inclusive of the duration of the convention with a reasonable time allowed for time to travel to and from the convention.
C. Up to a maximum of three (3) authorized Local representatives shall be excused from their normal duties to participate in negotiations for the renewal of this Agreement or the execution of a new Agreement. Such representatives shall attend negotiations session, if on duty, in the appropriate uniform and be available for duty in the event the need arises.
D. Copies of disciplinary charges or other notices relating to disciplinary action, shall be furnished to the Local upon written authorization to the Township by the Employee. The Township shall maintain a file of written refusals by members to authorize the Township to forward such documents to the Local. Copies of all disciplinary charges or notices relating to disciplinary action shall be furnished to the President of the Local against any member or nonmember within 24 hours of the presentation of charges.
E. The Local will be responsible for acquainting its members with the provisions of this Agreement, and shall be responsible of this Agreement, and shall be responsible insofar as possible for the adherence to the terms of this Agreement by such members, and the Local recognizes that the conditions set forth in the Article shall be subject to the mission of the Township.
F. Two (2) members of the Local shall be permitted to attend Local meetings held within the Township while on duty. Members shall remain available for immediate return to duty should the need arise. Prior approval for said attendance shall be granted by the member’s on-duty supervisor, but may be reasonably denied.
G. When the President of the Local is involved in meetings with the Township Management or Chief of Police on matters pertaining to the General Welfare of the Local membership and/or member of the Department, the President shall receive compensatory time off.
H. For one (1) PBA member who is a State or National office holder as listed: State Offices: President, 1st VP, 2nd VP, Secretary, Treasurer, Guard, Conductor, Chaplain; National Offices: President, VP, Secretary, Treasurer, Guard, Conductor, National Trustee, and effective with the approval of this Agreement, this Agreement will allow a maximum of 48 days per calendar year, earned at the rate of four (4) days per month, to be used flexibly, but without carryover year to year. The year’s allocation may be used anytime, subject to the Chief’s approval.
These 48 days are to be used for any PBA business, including attendance at any PBA State or PBA National or PBA Committee or PBA Convention, for this member.
The Chief of Police shall have right to approve and disapprove scheduling of days off.
An additional member can attend State PBA meetings at the rate of one (1) day per month up to twelve (12) days per calendar year, subject to the approval of the Chief.
ARTICLE 4
MANAGEMENT RIGHTS
A. The Township hereby retains and reserves unto itself, without limitation, all powers, rights authority, duties and responsibilities conferred upon and vested in it by the Laws and constitution of the State of New Jersey and of the United States, including, but without limiting the generality of the foregoing, the following rights:
1. To the executive management and administrative control of the Township Government and its properties and facilities, and the activities of its Employees;
2. To hire all Employees, and subject to the provisions of law, to determine their qualifications and conditions for continued employment, or assignment, and to promote and transfer Employees;
3. To suspend, demote, discharge or take other disciplinary action for good and just cause according to law;
B. Pursuant to the laws of the State of New Jersey and of the United States, the exercise of the foregoing powers, rights, authority, duties or other responsibilities of the Township, the adoption of policies, rules, regulations and practices in furtherance thereof, the use of judgment and discretion in connection therewith, shall be limited only by the terms of this Agreement, and then only to the extent such terms hereof are in conformance with the Constitution and Laws of New Jersey and of the United States. ARTICLE 5
LEAVES OF ABSENCE A. A leave of absence without pay shall, at the discretion of the Township, be granted for good cause to any Employee who has been employed for a period of ninety (90) days after the probationary period.
B. Maternity Leave: Upon presentation of proof of pregnancy, the female Police Officer will be relieved of her street duties and assigned to an in-house function
by the Chief of Police. The female Police Officer will receive a one (1) month leave of absence with pay, after the birth of her child.
C. Any male Police Officer shall be eligible for a paternity leave of absence with pay upon the birth of his/her child by his/her spouse/domestic partner for one (1) work week immediately after the birth of the Police Officer’s child. Police Officers who are regularly scheduled for twelve (12) hour shifts shall be entitled to up to sixty (60) hours paid leave under this provision. Police Officers who are regularly scheduled for eight (8) hour shifts shall be entitled to up to forty (40) hours paid leave under this provision. Police Officers who are regularly scheduled for ten (10) hour shifts shall be entitled to up to fifty (50) hours paid leave under this provision.
D. Family/Medical leaves of absence will be granted in accordance with the provisions of the “Federal Family and Medical Leave Act” (hereinafter, FLMA) and the “New Jersey Family Leave Act” (hereinafter NJFLA) and the regulations promulgated pursuant to those statues; as well as a Family Leave Police adopted by the Township of Cherry Hill. Under the provisions of these statutes, certain Employees are entitled to twelve (12) weeks of leave during a twelve (12) month period. The circumstances under which leave may be taken vary depending on the type of leave requested and the Township will grant leave in accordance with the provisions of each statute, and the judicial decisions interpreting the requirements of each statute. Employees taking FMLA Leaves and/or NJFLA Leaves will be required to use accrued sick leave, vacation and administrative leave concurrent with the approved leave. Employees will also be required to take FMLA Leaves and NJFLA Leaves concurrently when possible under the statutes. The Township retains all rights to require proper certification from a health care provider pursuant to all applicable laws.
E. The NJ SAFE Act took effect November 1, 2013, and will provide a job protected leave of absence to employees who are victims of domestic violence or sexual assault, or who are related to such victims. Eligible employees are entitled to 20 days of job protected leave related to domestic violent or sexual assault. An eligible employee must have been employed for at least 12 months and works at least 1,000 hours during that time.
F. During the leave period, the employee’s health benefits will be continued on the same conditions as coverage would have been provided had the employee been employed continuously during the entire leave. The employee will not continue to accrue vacation, sick or personal days for the period of the leave if it exceeds sixty (60) consecutive calendar days of unpaid leave. The employee will receive seniority credit for the time that the employee has been on leave under this section. At the conclusion of the leave period, an eligible employee is entitled to reinstatement to the position the employee previously held or to an equivalent one with the same terms and benefits that existed prior to the exercise of leave.
ARTICLE 6
MAINTENANCE OF OPERATIONS A. It is recognized that the need for continued and uninterrupted operation of the Township’s Departments and Agencies is of paramount importance to the citizens of the community, and that there should be no interference with such operations.
B. Neither the Local nor any person acting in its behalf will cause, authorize, engage in, sanction, assist or support, nor will any of its members take part in, any strike (i.e., the concerted failure to report for duty, or stoppage of work or abstinence in whole or in part, from the full, faithful and proper performance of the Employees’ duties of employment), work stoppage, slowdown, sickout, walkout or other illegal job action against the Township.
C. The PBA agrees that it will do everything in its power to prevent its members from participating in any strike, work stoppage, slow-down or other activities aforementioned, or support any such action by another Employee or group of Employees of the Township.
D. In the event of a strike, slow down, work stoppage,
sickout, or other activity aforementioned, it is agreed that participation in any such activity by any Employee covered under this Agreement shall entitle the Township to take any legal and statutory remedies.
E. Nothing contained in this Agreement shall be construed to limit or restrict the Township in its right to seek and obtain such judicial relief as it may be entitled to have in Law or in equity for injunction or damages, or both, in the event of such breach by the PBA or its members.
F. “Sick Out” shall be defined as the unexcused absence of forty (40) Percent or more of the members of the Bargaining Unit scheduled and assigned for each scheduled work shift during a twenty-four (24) hours work period.
G. Upon the occurrence of a “sick out” as defined above, each member who has reported in sick shall be examined by a physician of his choice within twenty-four (24) hours of the time reporting sick and such member shall submit a report from said physician indicating the nature of the Employee’s illness and recommendations therefore. Said report is to be delivered to the Chief of Police within twenty-four (24) hours of the time or his examination by his physician.
H. A determination of whether such Employee is of sufficient good health to carry out his assigned duties shall be made by Chief of Police taking into account said physician’s report and recommendations. A determination that such Employee is not of
sufficient good health to carry out his assigned duties shall be an excused absence.
I. In the event that the Chief of Police determines that the Employee was in sufficient good health to carry out his assigned duties, said Employee shall be subject to disciplinary action up to dismissal. Procedures as outlined in the Police Disciplinary Code shall govern, except that the Mayor’s decision may be appealed to Binding Arbitration. Said appeal must be filed within ten (10) working days of the Mayor’s decision. The Arbitrator shall be chosen in accordance with the rules of the Public Employment Relations Commission. The costs shall be borne equally between the Township and the appealing party. ARTICLE 7
GRIEVANCE PROCEDURE A. PURPOSE
1. The purpose of this procedure is to secure, at the lowest possible level, an equitable solution to the problems which may arise affecting the terms and conditions of this Agreement.
2. Nothing herein shall be construed as limiting the right of any Employee having a grievance to discuss the matter informally with any appropriate member of the Department Staff.
3. Nothing herein shall be deemed to deny the Employees of their statutory or other legal rights concerning discipline. Nothing herein shall be deemed to deny Employees of their rights to pursue any other statutory or legal remedies in lieu of resorting to the Grievance Procedure.
B. DEFINITION
The term “grievance” as used herein means any controversy arising over the interpretation, application or alleged violation of policies, agreements administrative decisions affecting the terms and conditions of employment, and shall be raised by an individual, the PBA on behalf of an individual or group of individuals, or the Township.
C. STEPS OF THE GRIEVANCE PROCEDURE
In order to resolve grievances covered by this Agreement between the parties, this procedure shall be followed unless any step is waived by mutual consent:
STEP ONE
(a) An aggrieved Employee or the PBA on behalf of an aggrieved Employee or Employees or the Township shall institute action under the provisions hereof within thirty (30) days of the occurrence of the grievance, and an earnest effort shall be made to settle the differences between the aggrieved Employee and his immediate supervisor, for the purpose of resolving the matter informally. Failure to act within said thirty (30) days shall be deemed to constitute an abandonment of the grievance. If a resolution of the grievance has not been reached within two (2) days of the informal discussion, the grievance may proceed to Step Two.
STEP TWO
(a) In the event a satisfactory settlement has not been reached at Step One, the grievant may within five (5) days of the supervisor’s decision, file his written grievance with the Chief of Police.
(b) The Chief of Police shall review the matter and make a determination within ten (10) days from receipt of the grievance.
STEP THREE
(a) In the event a satisfactory settlement has not been reached at Step Two, the grievant may within five (5) days of the Chief’s decision, file his written grievance with the Mayor or its designee.
(b) The Mayor or its designee shall review the decision of the Chief of Police and within ten (10) days from receipt of the grievance make a written determination.
STEP FOUR
(a) In the event the grievance has not been resolved at Step Three and the PBA Executive determines that the grievance is meritorious, then the PBA may within ten (10) working days of the Mayor’s or his/her designee’s decision request arbitration. The Arbitrator shall be chosen in accordance with the Rules of the Public Employment Relations Commission.
(b) However, no arbitration hearing shall be scheduled sooner than thirty (30) days after the final decision by the Mayor or his/her designee. In the event the aggrieved elects to pursue other remedies, the arbitration hearing shall be cancelled and the matter withdrawn from arbitration. The PBA shall pay whatever costs it may have incurred in processing the case to arbitration.
(c) The Arbitrator shall be bound by the provisions of this Agreement and restricted to the application of the facts presented to him involved in the grievance. In formulating his decision, the Arbitrator shall adhere to the statutory and case law of New Jersey and the United States where applicable.
(d) The costs for the services of the Arbitrator shall be borne equally between the Township and the PBA, unless the PBA elects to withdraw, in which case any fees of the “PERC” shall be paid by the PBA. Any other expenses incurred, including but not limited to the presentation of witnesses, shall be paid by the party incurring the same.
(e) The Arbitrator shall set forth his findings of fact and reasons for making the award within thirty (30) days after conclusion of the arbitration hearing unless agreed to otherwise by the parties. The decision of the Arbitrator shall be final and binding.
(f) No response at any Step in this procedure by the Township or its agents shall be deemed to be a negative response upon the termination of the applicable time limits the grievant may proceed to the next Step.
(g) Group grievances which shall be defined as those affecting “substantially” all of the members of the Local shall be filed by the Local and by the Local only at Step Three.
(h) The Township reserves the right to file in writing a grievance on its behalf with the Executive Board of the Local which shall conduct a conference with the representatives of the Township within ten (10) days of the filing of the grievance, and which shall render a determination In the event that the Township is unsatisfied with the determination of the Local Executive Board, the Township may then proceed to the final Step of the Grievance Procedure.
(i) Time limits may be extended by the parties by written mutual agreement.
ARTICLE 8
COMPENSATION
A. Base wage rates for Employees covered by this Agreement shall be as set forth on Schedule “A” annexed hereto. Definition of new member and current member is set forth below in section B and is adopted herein. Any detective currently in Step 23 through 25 will remain on their existing step with the an annual wage increase of one and three quarter (1.75%) percent effective January 1, 2014, one and three quarter (1.75%) percent plus One Thousand Dollars ($1,000) effective January 1, 2015, two (2.0%) percent effective January 1, 2016, two (2.0%) percent effective January 1, 2017. All officers shall advance in steps on the anniversary of their date of hire, except that Current Members shall advance from Step 7 to Step 8 January 1 of the year following their 16th anniversary of date of hire.
B. Effective July 1, 2011, longevity has been added into the base pay for all members at or beyond step 6 at the rate of 9.75%. All current members that were not at step 6 as of that date received longevity added to base pay at the rate of 9.75% upon reaching step 6. Thereafter longevity payments were eliminated and made a permanent part of base salary for current members. Current members are members employed prior to July 1, 2011 and include any person whose original date of hire was prior to July 1, 2011 and was subsequently re-hired, including those officers re-hired in April of 2011. New employees hired after July 1, 2011, excluding those officers whose original date of hire was prior to July 1, 2011, but were laid off and subsequently re-hired on or before April 15, 2012 shall not receive any of the longevity payments set forth in this section.
C. The immediate family (spouse, children) shall receive for a period of three (3) months, the weekly income check of a member killed in the line of duty.
D. The Township at its sole discretion reserves the right to require qualified Employees covered by this Agreement to temporarily perform job functions other than those normally performed by said Employees. Said job functions to be performed may be at a higher level or may be different job functions at the same level regularly performed by said Employee. If necessary, the Township may train personnel so that qualifications for the job functions may be met, such period of training shall not exceed sixty (60) days.
E. Should an Employee be ordered to perform the elements of the job function of a higher rated classification after a period of one(1) full working day or more, he shall receive the higher category of pay on the following pay period. An Employee shall be entitled to the higher rate of pay for those consecutive working
days actually worked in the higher classification beyond the first full working day.
F. Job classifications referred to herein, shall be Patrolman, Detectives, and Superior Officers. The above provisions of this Article shall not apply to Employees working in a higher category or classification. However, if an Employee is assigned by formal order to an assignment by the Chief of Police said Employee shall be compensated at the rate of the higher classification.
G. No sooner than 30 days after the execution of this contract by both parties, the Township shall issue paychecks on a bi-weekly basis.
H. Direct Deposit. The Township has adopted an Ordinance to have an employee’s net pay directly deposited pursuant to N.J.S.A. 52:14-15a, the Township shall continue to provide each employee, electronically through ADP IPay all information regarding net pay and withholdings deducted from the employee’s pay check ARTICLE 9
SICK LEAVE
Paid sick leave shall be earned at the rate of one hundred twenty-seven and one half hours (127.5) hours per year.
Paid sick leave is an employee benefit provided to all regular, full time Police Officers unable to work scheduled hours due to the Police Officer’s personal illness, injury or disease; the officer’s receipt of professional medical care, or to care for an immediate family member’s illness, injury or disease. The term “immediate family member” is defined to include mother, father, mother-in-law, father-in-law, child, or a spouse, domestic partner and/or civil union of an employee, as defined under New Jersey law.Sick leave shall be deemed to have been earned and accumulated at the rate of sixty-four (64) hours per year of service prior to January 1, 1965 regardless of the actual number of days used or earned.
Sick leave accumulated prior to January 1, 1983, shall be retained in full and paid at retirement based upon the retirement rate of pay.
Sick leave accumulated subsequent to January 1, 1983 shall be retained in full and paid at retirement at the rate of pay at which it was earned.
In utilizing sick leave for injury, illness or disease, the sick leave earned in
the year in which the Employee is injured or ill shall be used first. After the current year's sick leave is exhausted, illness or injury shall be charged against sick leave earned after January 1, 1983, starting with the oldest accumulated leave. Once sick leave earned subsequent to January 1, 1983 has been exhausted, sick leave accumulated prior to 1983 shall be drawn upon.
In the event of compensable illness or injury within the meaning of the
New Jersey Workmen's Compensation Statute, the Township shall pay to the Employee the difference between the normal full rate of pay and any Temporary Disability Benefits payable pursuant to the Workmen's Compensation Statute so long as the Employee is entitled to such temporary disability benefits.
An Employee entitled at retirement to compensation for unused
accumulated sick leave shall at the time of retirement have deducted there from a dollar amount equal to the amount paid by the Township to said Employee in excess of that required to be paid by the Temporary Disability Benefits provisions of the Workmen's compensation Statute. In the event there are insufficient funds payable to the Employee as a result of accumulated unused sick time, the Employee shall not be required to make any reimbursement to the Township.
Employees hired after July 1, 1985
For Employees hired after July 1, 1985, unused sick leave shall accumulate without limitation from year to year of employment. Upon retirement, said Employees shall receive payment for fifty (50%) percent of their accumulated sick leave hours, up to a maximum of seventeen hundred (1700) hours. Payment upon retirement for such accumulated sick leave shall be at the rate of pay as set forth in Sections D & E hereof.
K. For Employees hired after January 1, 1987, unused sick leave shall accumulate from year to year without limitation. There shall be no payment upon retirement for any accumulated sick leave ARTICLE 10
COLLEGE INCENTIVE PROGRAM A. Each Employee who enters the College Incentive Program pledges to achieve an Associate of Arts Degree in police science, administration or related field of study as designated by the institution of higher learning as being within their law enforcement degree program.
B. Each Employee shall be compensated at the rate of one dollar ($1.00) per month for each successfully completed credit earned at an accredited institution of higher learning provided the courses studied had the prior approval of the Director of Public Safety or Chief of Police.
C. Upon presentation of proof of successful completion through institutional records payments shall be added to salary at the end of each semester either in February, June or September.
D. In the event an Employee does not earn any additional credits for three (3) consecutive semesters, all payments hereunder shall cease. The Employee may reinstate him/herself in the program, but credits earned prior to his reinstatement shall not be compensated until the attainment of the Associate of Arts Degree. The Employee may make application to the Chief of Police for relief from the provisions of this Section.
E. Credits earned prior to appointment to the Department shall not be compensated for until the attainment of the next highest degree, either the Associate of Arts or the Bachelor’s.
F. The highest level of compensation under this program shall be those credits up to and including the Bachelor’s degree.
G. The terms and provisions of this Article shall not apply to any Employee hired on or after May 14, 1999. Effective May 14, 1999, newly hired Police Officers shall be expected to possess a Bachelor’s Degree from an accredited college or university or shall sign an agreement when hired to obtain such a degree at their own expense within a specified period of time as a condition of continued employment. ARTICLE 11
EXCHANGE OF HOURS OF DUTY A. The request for exchange of hours of duty by an Employee may be granted by the Chief or his designee provided such request has been made through channels and in conformance with the needs of the Department.
B. In volunteering to exercise the provisions of this Article, no officer shall work more than two (2) shifts and the provisions of Article 12 shall not apply to the second shift unless the officer is ordered to work hours in excess of his shift, in which case Article 12 shall be applicable to those excess hours. ARTICLE 12
HOURS AND OVERTIME A. Employees required to work in excess of their regular shift, with the approval or at the request of their supervisor, shall be paid at one and one-half (1½ ) times their regular rate of pay on the following basis:
1. 0 - 15 minutes --------------------- No pay
2. 16 minutes and after ------------ time and one-half retroactive to the first minute
B. Employees may be recalled to duty and shall be compensated at the Employee’s option to be exercised (in writing) at the time the recall for all such hours at one and one-half (1½) times the regular rate of pay or at straight time rates in compensatory time off. Employees shall be paid a minimum of four (4) hours, regardless of actual time recalled to duty.
C. Off Duty Court appearances, as required in the line of duty shall be compensated by means of compensatory time computed at an hourly rate equal to 1/40th of said officer’s weekly base salary. However, there shall be a minimum of three (3) hours pay for day/night off duty court appearances as required.
D. Compensatory time off earned during a calendar year if unutilized will be compensated for at straight time rates by the Township unless the Employee requests and is granted the right to accumulate such time off for the succeeding year. Such approval may be granted at the discretion of the Bureau Head, which approval may not be arbitrarily denied. In the event of such accumulation that time off must be taken subject to the approval of the Bureau Head.
E. The regular duty work schedule of the patrol division will provide a basic work week of forty-two (42) hours composed of twelve (12) hour work shifts not to exceed one hundred sixty-eight (168) hours in any twenty-eight (28) day period. Overtime shall be paid for hours worked in excess of the basic twelve (12) hour shift or where an Employee is caused to work on a regular scheduled day off (“RDO”) as defined by the annual posted work chart and Section A of this Article. Mandatory rest periods between shifts and hours worked for outside employers will be determined by departmental policy
Each month, employees in the Patrol Division shall earn ten (10) hours of compensatory time to offset the change in annual hours worked from 2068 hours to 2190 hours under the twelve (12) hour shift schedule. This compensatory time shall be designated as “Kelly Time” and shall be used in the year that it is earned. Employees shall not receive monetary compensation for any unused Kelly Time. This section shall not alter the other terms and conditions set forth in this Article, including but not limited to Hold Time Beyond a Shift, Recall Time, Off-Duty Court Time, and Compensatory Time (earned independently of Kelly Time).
The regular duty work schedule for all other divisions, including but not limited to the Investigative Unit, the traffic Unit, the Community Policing Unit, and Administrative Information Technology Positions, will provide a basic work week of forty (40) hours composed of eight (8) hour work shifts. Where the regular schedule involves shifts other than eight (8) hours for employees other than those working in the Patrol Division, the general schedule will provide offsets to ensure the forty (40) hour base work week is maintained during the course of the year.
Compensatory Time Off, not including Kelly Time, when paid shall be at the rate in effect when earned.
F. All permanent work schedule changes shall be made with a minimum of thirty (30) days notice. ARTICLE 13
CLOTHING ALLOWANCE A. Clothing Maintenance Allowance
For calendar year 2014, a Clothing Maintenance Allowance will be paid to all members providing that they certify the money is used solely for cleaning and maintenance of police uniforms and clothing required for duty. The payment shall be $260.00 each year. This payment shall be made with the first payroll after January 1 of each year.
B. Clothing Allowance (Calendar Year 2014)
(1) For the calendar year 2014 the following Allowances for all non-uniformed and uniformed Employees shall be in effect in addition to the Clothing Maintenance Allowance set forth above:
Detective $1,075
Uniformed Officers $ 950
(2) Detectives shall submit vouchers and receipts for clothing to the office of the Chief of Police for approval by December 31, 2014.
(3) Persons who act in or are temporarily assigned to the position of Detective or Investigator for a minimum of five (5) working days shall be paid the allowance on a pro-rated monthly basis for that month and each month thereafter.
(4) Clothing allowance for the final calendar year of service shall be pro-rated to the number of months worked.
(5) For uniformed officers, clothing requisition forms shall be submitted to the Office of the Chief of Police for approval.
(6) Officers holding the position of Detective or Investigator must fully utilize their annual clothing allowances on or before December 31, 2014. If the calendar year 2014 clothing allowances is not fully utilized by December 31, 2014, any unused portion shall be forfeited.
C. For calendar year 2014 Bargaining Unit Employees, including Investigators/Detectives may elect to receive his/her clothing allowance in cash or the voucher reimbursement system presently in effect. The cash payment shall be paid with the first payroll after January 1 of each year to each Police Officer who has submitted a written statement certifying that the money will be used solely for the purpose of providing and maintaining of police uniforms. All uniform and equipment specifications shall remain the right and responsibility of the Chief and the Township and only those items may be worn.
D. As of January 1, 2015 the Uniform and Maintenance Allowances shall be eliminated from the contract.
E. The Township will submit a list of Employees on July 1 of each year who are to be supplied with body armor. No Employee will receive this body armor unless his/her armor is five years old or older. The cost of the body armor will be paid by the Township. The Township also agrees to maintain a list of warranties and guarantees for all body armor. Specifications for body armor are the sole responsibility of the Chief of Police. ARTICLE 14
HOLIDAYS A. Each covered Employee of the Department shall be granted fourteen (14) days per year. Each day shall be based on one (1) work day regardless of the employee’s shift.
These days are in lieu of official paid holidays and are to be scheduled at the discretion of the Chief of Police or his designee.
B. Holidays earned in one (1) year must be utilized by March 31 of the succeeding year provided the officer is given the opportunity to utilize such holidays during this period. ARTICLE 15
VACATIONS Each Employee shall be entitled to annual vacation leave with pay in accordance with the following schedule:
During the 1st calendar year of
Employment if appointed after June 30 Forty (40) hours (prorated)
During the 1st calendar year of employment
if appointed prior to June 30 Forty (40) hours
From the 2nd through & including the 5th
calendar year of employment Eighty (80) hours
From the 6th through & including the 10th
calendar year of employment One hundred twenty (120)
hours
From the 11th through & including the
15th calendar year of employment One hundred sixty (160) hours
From and after the 16th calendar
year of employment Two hundred (200) hours
Accumulation of annual vacation leave from year to year may be permitted at the discretion of the Department Head with approval of the Mayor, however, accumulated vacation leave must be utilized in the year succeeding its accumulation in the form of requested compensatory time off and scheduled at such times as the needs of the Division permit.
An annual vacation leave schedule shall be prepared by each Division Head in accordance with the provisions of this Article. ARTICLE 16
SEPARATION, DEATH & RETIREMENT A. Employees shall retain all pension rights as Police Officers under New Jersey laws and the Township Municipal ordinances.
B. Employees retiring either after twenty-five (25) years of service pursuant to NJSA 43:16A-II.I or having attained the age of fifty-five (55) pursuant to NJSA 43:16A-5 or as a result of a disability pension, whether work connected or not, shall be paid for all accumulated holidays, vacation, sick leave days and other compensatory time as provided in this Agreement. Said payments, shall be computed at the rate of pay at the time of his retirement based upon the base annual compensation.
C. Employees intending to retire on other than disability pension shall accordingly notify the Chief of Police, or his designee, sixty (60) days prior to start of fiscal year in which said retirement is to become effective. Such notice provision shall
not apply to any Employee who retires because of conditions not known or reasonably foreseeable by the Employee.
D. In the event of an Employee’s death, his estate or legal representative shall be paid for all accumulated holidays, vacation, sick leave days or other compensatory time as provided in this Agreement. Payment shall be made at the Employee’s rate of pay at the time of his death.
E. In the event of an Employee’s separation from service for any reason not set forth in Section B or D above, all accumulated vacation, holidays and other compensatory time shall be paid at the then rate of pay to the Employee, except that no payments shall be made for accumulated sick leave.
F. For benefits payable in the then current year in all cases of separation, death, while not in the line of duty, or retirement, all vacation, holidays, sick leave days and other compensatory time shall be pro-rated on the calendar year from January 1 through December 31.
G. For benefits payable in the then current year in all cases where the Employee died while in the line of duty, all vacation, holidays, sick leave days and other compensatory time which would have accrued for the entire calendar year (in the year of the Employee’s death), shall be payable to the Employee’s estate or legal representative.
H. Separation shall be defined as any permanent cessation of employment but shall not be deemed to include temporary leaves of absence, vacations, layoffs, or other temporary leaves.
I. Upon retirement from Cherry Hill Township after completion of twenty-five (25) years of service with the Township, medical, dental and prescription insurance coverage that is offered to non–retired members of this bargaining unit shall be provided for the retiree and his/ her family up to age sixty-five (65), providing those eligible annually certify that they have no other medical coverage.
Should the retiree move out of the area serviced by the Township’s coverage, the retiree and his/her family shall be provided with a quarterly reimbursement for medical coverage, providing those eligible for out of area coverage annually certify that they have no other medical coverage and provide proof of payment to the out of area medical insurance carrier.
The maximum cost to the Township under this provision shall not exceed 50% of the actual cost of the insurance up to twelve thousand, five hundred ($12,500) dollars annually. The retiree’s contribution shall be inclusive of any premium sharing contributions required under P.L. 2011, Chapter 78. All retirees may choose between medical, dental, or prescription (any or all) which is currently available to active employees under Article XXII of this Agreement. This provision shall apply to employees who retire during the term of this contract.
Any retiree who stops receiving Township medical benefits, and at some point wants to begin receiving them again, will be permitted to rejoin the retiree medical benefits plan as stated above beginning January 1, 2006.
This coverage shall only be for medical and surgical coverage in effect at this time.
J. Upon retirement, the Employee shall have the option to receive accumulated sick leave payment in a lump sum or in a pay out over a time period mutually agreed to by the Employee and the Township. ARTICLE 17
SERVICE RECORDS/PERSONAL FILES A. Employees covered by this Agreement shall be entitled to inspect their service records upon request and by appointment.
B. It shall be understood that upon inspection completion by the officer of his or her service record the officer shall initial a receipt form which shall list the date and time of the inspection and record the documents contained therein. A copy of the form shall be retained in the service record and become part of the personal file.
C. A personnel file shall be established and maintained for each Employee covered by this Agreement. Such files are confidential records and shall be maintained in the office designated by the Chief of Police and may be used for all lawful purposes by the Police Chief, Mayor and/or Governing Body.
Upon advance notice and at reasonable times, any member of the Union may at any time review his personnel file. However, this appointment for review must be made through the Chief of Police or his designated representative.
Whenever a written complaint concerning an Officer or his actions is to be placed in his personnel file, a copy of the complaint shall be made available to him and he shall be given the opportunity to rebut it in writing if he so desires, and he shall be permitted to place said rebuttal in this file.
All personnel files will be carefully maintained and safeguarded as long as they are kept by the Department and nothing placed in any files shall be removed therefrom. Removal of any material from a personnel file by any member of the Union shall subject that member to appropriate disciplinary action. ARTICLE 18
BULLETIN BOARD A. The Township shall provide two (2) bulletin boards for the posting of notices relating to matters and official business of all Police Organizations.
B. The bulletin boards may be utilized by the PBA for the purpose of posting PBA announcements and other relevant information. The Chief, or his designee, may have removed from the bulletin board any irrelevant material after notice to the PBA President. ARTICLE 19
BEREAVEMENT LEAVE A. Because of death in the immediate family, leave with pay shall be granted for a period not to exceed four (4) scheduled work days from and including the day of death. The immediate family shall include parents, parents-in-law, spouse, children, brothers or sisters, grandparents, brothers or sisters-in-law and other residents residing in the Employee’s home.
B. Proof of death may be required at the Township’s discretion.
ARTICLE 20
TRAVEL EXPENSES
A. Employees shall be reimbursed at the rate of twenty cents (20¢) per mile for all approved travel expense while using a personal vehicle and shall be reimbursed for all other travel expense in connection with their official duties. ARTICLE 21
HOSPITALIZATION AND MEDICAL BENEFITS The Township shall continue to make available to employees and their families medical, prescription and dental insurance as provided in this Article. The cost of these benefits shall be shared by the Township and Employee in accordance with P.L. 2011 c.78, as amended and as further set forth below. Pursuant to N.J.S.A. 40A:10–21.2 in any successor Agreement, the contribution to health care benefits shall be negotiated as if the full premium share was included in this Agreement.
Medical Benefits:
Effective upon the signing of this Agreement, and all times thereafter, the Township shall make available three (3) medical benefits plans for employees to choose from: a Bronze, Silver and Gold plan. Employees will have the opportunity to select the plan that best meets their individual needs.
Effective January 1, 2015, the Silver Plan shall be the base plan for all covered employees with the employees’ premium costs limited to the premium share in accordance with P.L. 2011 c.78, as amended. Employees who select coverage under the Gold Plan, or any other plan then offered with a higher premium shall pay the entire difference between the premium cost of the Silver Plan and the premium cost of the plan selected. All premium payments will be made on a pre-tax basis, pursuant to an IRS Section 125 salary reduction premium-only plan, in accordance with the Township’s regular payroll practices. These contributions shall be in addition to the premium sharing contribution required by P.L. 2011, Chapter 78 in connection with the plan selected.
The Township shall have the right during the term of this Agreement:
a. to change the medical and/or prescription plans to the State Health Benefit Plan New Jersey Aetna or Horizon 20/30, which are in effect as of January 1, 2015, or to a plan equivalent in benefits to the existing medical benefit plans with co-payments for all doctor’s visits and other services, identical to the co-payments in those plans which were in effect as of January 1, 2015; and/or
b. to change prescription plans to the State Health Benefit Plan New Jersey Aetna or Horizon 20/30, which are in effect as of January 1, 2015, or a plan equivalent in benefits to the existing prescription benefit plan, with retail and mail order co-payments for generic, preferred brand, and non-preferred identical to the co-payments set forth in this contract
c. The Township may not change the type of plan more than once during a twelve (12) month period. The Township agrees that the insurance cards and other related forms shall be received by the employees before the change is made.
d. It is agreed and understood that the employees will at no time be subject to a “reimbursement arrangement” as a result of interrupted or changing coverage. This shall not, however, preclude an employee from receiving reimbursement from the Township for medical costs incurred in the event the Township fails to comply with the terms of this Agreement.
e. The Township further agrees to give at least thirty (30) days written notice of any proposed change in plans.
3. As soon as practicable after the signing of this Agreement, the Township will notify employees of an open enrollment period for the purpose of the employee selecting the appropriate plan for their specific needs for the term of January 1, 2015 through June 30, 2015. For that period, the Township shall offer a Bronze, Silver and Gold Plan as set forth in Attachment A hereto.
4. a. Coverage for eligible dependents shall be included in all health and prescription Plans for eligible employees.
b. Effective January 1, 2014, the Township shall make dependent coverage in its health and prescription Plans as set forth in this Article, available for an adult child until the child turns 26 years of age in accordance with Section 2714 of the Federal Patient Protection and Affordable Care Act. Student status is not required. Coverage will terminate at the end of the year in which the child turns 26 years of age, subject to the right to elect continued coverage until age 31, pursuant to P.L. 2005, Chapter 375, as set forth below.
5. Flexible Spending Account: Pursuant to P.L. 2011, Chapter 78, the Township shall continue to provide a flexible spending account (FSA) to permit employees to voluntarily set aside, on a pre-tax basis, a portion of their earnings to pay for qualified medical and dental expenses not otherwise covered by their health benefits plan, pursuant to Section 125 of the Internal Revenue Code, 26 U.S.C. §125.
B. Dental: The Township shall provide dental benefits for employees covered by this Agreement and each employee’s family under the Delta Dental Service Plan, on the following basis:
1. 100% coverage for preventive dental expense and diagnostic service expenses as defined in the Schedule of Benefits, page 3 of the aforesaid Delta Dental Service Plan;
2. Coverage for Prosthodontics and Orthodontic Services as defined in page 3 and page 4 of aforesaid Delta Dental Service Plan on a 50/50 co–payment basis after each patient pays a Fifty Dollar ($50.00) deductible per calendar year, up to a One Hundred Fifty Dollar ($150.00) maximum.
C. Prescription: Effective January 1, 2015 and each year thereafter, the Township shall provide prescription coverage for Employees covered by this Agreement and each Employee’s family on the following basis:
RETAIL (30 Day Supply) Generic Preferred Brand Non-Preferred Brand
$10.00 $15.00 $25.00
MAIL ORDER (90 Day Supply) Generic Preferred Brand Non-Preferred Brand
$20.00 $30.00 $50.00
The Employee shall pay the lesser of the price of the generic prescription co-payment and the actual cost of the drug.
D. Officers Killed in Line-of-Duty: Health, prescription and dental insurance benefits for dependents of those officers killed in the line-of-duty are as follows: Certain medical benefits shall be continued for dependents of Police Officers killed during the performance of their police duties. The Township shall continue to pay premium costs for its Silver health, prescription, and dental insurance coverage for the spouse and/or dependent children to age twenty-six (26) of any Police Officer killed while in the performance of his/her police duties under the following conditions:
(a) The spouse of each deceased police officer does not remarry;
(b) The spouse of each deceased police officer does not obtain medical insurance/benefit coverage from an employer or any other source;
(c) The spouse does not qualify for medical insurance/benefit coverage as may be provided by a State or the Federal Government, including but not limited to Social Security, Medicare/Medicaid.
E. Survivor Benefits: The Township shall provide its Silver health plan, prescription and dental insurance coverage for a surviving spouse of a deceased member up to age of Medicare eligibility. This benefit shall apply to all members, past and present, subject to the conditions described in Article XVII, Paragraph J or Paragraph G of this Article. The surviving spouse shall be eligible for this benefit for ten (10) years from the date of this Agreement or date of death, whichever is later. Annual certification will be required from those eligible that they have no other similar medical coverage.
F. Long Term Disability Insurance: The Township will supply at no cost to the employees covered by this Agreement a Long Term Disability Plan which will provide income protection in the event of a non–work–related illness or injury resulting in disability. The Township may, at its discretion, offer additional voluntary coverage to be paid by the employee at the employee’s option.ARTICLE 22
MILITARY LEAVE When a full–time employee (either permanent or temporary) who is a member of the reserve component of any United States Armed Forces or the National Guard of any state, including the Naval Militia and Air National Guard, is required to engage in field training or is called for active duty, the employee will be granted a military leave of absence for the duration of the service. Members of the Reserves are entitled to paid military leave for up to thirty (30) workdays each year, and members of the New Jersey National Guard are entitled to paid military leave for up to ninety (90) workdays each year for active duty. Thereafter, the employee shall be paid the difference between military salary and the employee’s regular salary for a period of up to eighteen (18) months. The paid leave will not be counted against any available time off, including but not limited to vacation, sick or personal time. A full–time temporary employee who has served less than one year shall not be entitled to paid leave but shall be granted non–paid military leave without loss of time. Drill weekends are not considered active duty for purposes of paid military leave. Employees will be required to use accrued time in this instance.
Employees on military service will also continue to receive paid health insurance coverage during the period of the paid leave (full or differential). After this period has expired, employees may continue coverage for themselves or their dependents under the Cherry Hill Township group plan, but will still be required to pay the state mandated premium share to the Township on a monthly basis, and will be invoiced for the premium share that would normally be deducted from the employee’s pay. Employees who do not continue to pay their premium share will be able to continue coverage for themselves or their dependents under the Cherry Hill Township group plan by taking advantage of the COBRA provision. Members of the State administered retirement systems (PFRS) will continue accruing service and salary credit in the system during the period of paid leave. Please refer to New Jersey Division of Pension and Benefits “Military Service after Enrollment and USERRA” for more information during unpaid leave status.
Pursuant to the Uniformed Services Employment and Re– employment Rights Act, any employee released from active duty under honorable circumstances shall return to work without loss of privileges or seniority within the following time limits: for service less than thirty–one (31) calendar days, the employee must return to work on the beginning of the first regularly scheduled workday or eight (8) hours after the end of military duty, with reasonable allowances for commuting; for service of thirty–one (31) to one hundred eighty (180) calendar days, the employee must submit an application for reinstatement within fourteen (14) calendar days after completing military duty; for service greater than one hundred and eighty (180) calendar days, the employee must submit an application for reinstatement within ninety (90) calendar days after completing military duty.ARTICLE 23
PERSONAL DAYS Employees shall enjoy at their request two (2) paid personal leave days per year provided written notice is made two (2) days in advance of such leave. Such leave shall be granted subject to the manpower needs of the Department. The two (2) days written notice may be waived at the discretion of the Department Head in the event of a personal emergency. Personal days shall be based on one (1) work day regardless of the employee’s shift.
ARTICLE 24
STATUTORY AND LEGAL RIGHTS Nothing contained herein shall be construed to deny or restrict the Township or the Employees from the exercise of its or their rights under R.S.34:13A, R.S. 40, 40A or any other National, State, county or local laws or ordinances pertaining to the Employees covered by this Agreement. ARTICLE 25
COMMUNICABLE DISEASES Any officer who shall suffer from a serious communicable disease shall be treated with a rebuttable presumption that the disease was contracted on the job. Incident reports may be used to validate such claims. ARTICLE 26
INSURANCE Employees covered by this Agreement shall be fully indemnified and defended by the Employer in all lawful circumstances in which the Employee renders first aid, whether on-duty or off-duty. ARTICLE 27
SEPARABILITY AND SAVINGS If any provision of this Agreement or any application of this Agreement to any Employee or group of Employees is held invalid by operation of law or by a Court or other tribunal or competent jurisdiction following the valid adoption of this Agreement, such provision shall be inoperative, but all other provisions shall not be affected thereby and shall continue in full force and effect. ARTICLE 28
SUPERSEDING CLAUSE This Agreement superseded any and all other Agreements, ordinances and/or resolutions dealing with working conditions and terms and conditions of employment which are inconsistent with the terms of this Agreement .ARTICLE 29
MAINTENANCE OF BENEFITS Except as the Agreement shall otherwise provide, all terms and conditions of employment applicable on the effective date of this Agreement shall continue to be so applicable during the term of this Agreement. Unless otherwise provided in this Agreement, nothing continued herein shall be interpreted and/or applied so as to eliminate, reduce or otherwise detract from any Police Officer benefit existing prior to its effective date. ARTICLE 30
FULLY BARGAINED PROVISIONS This Agreement incorporates the entire understanding of the parties in all matters which where or could have been the subject of negotiations. During the term of this Agreement, neither party shall be required to negotiate with respect to any such matter unless otherwise herein specifically provided for whether or not within the knowledge or contemplation of either or both parties at the time they negotiated and executed this agreement .
ARTICLE 31
DUES DEDUCTION & REPRESENTATION FEE A. Dues Deduction
The Township agrees to grant rights of dues deduction to the Local and will deduct Local membership dues from the pay of those Employees who individually request in writing that such deductions be made. Such written request must be given to the Township’s Personnel Office. The Township shall remit once a month the monies collected for this purpose to the PBA.
A check off shall commence for each Employee who signs a properly dated authorization card, supplied by the Local and approved by the Township during the month following the filing of such card with the Township.
The PBA shall indemnify and save the Township harmless against all claims, demands, suits or other forms of liability which may arise by reason of any action taken in making deductions and remitting the same to the PBA pursuant to this Section A of this Article.
Any such written authorization may be withdrawn at any time by filing a written notice of such withdrawal with the Township’s Personnel Officer. Withdrawals shall become effective fifteen (15) days after such filing.
B. Representation Fee
In addition, in accordance with the provisions of NJSA 34:13A-5.5, the Township agrees to deduct from the salaries of its Employees subject to this Agreement, but not members of the Local, a representation fee in lieu of dues for services rendered by the majority representative. 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 majority representative to its own members less the cost of benefits financed through the dues, fees and assessments and available to or benefiting only its membership dues, fees and assessment. Such deductions shall be made in compliance with Chapter 310, Public Laws of 1967, NJSA (R.S. 52:14-15.9(3)) as amended. Said monies, together with records of any corrections, shall be transmitted to the PBA during the month following the monthly pay period in which deductions were made. Implementation of a payroll deduction for a representation fee will commence with a notification from the PBA, but not to exceed sixty (60) days from the date of notice.
If during the life of this Agreement there shall be any change in the rate of membership dues, the PBA shall furnish to the Township two (2) months written notice prior to the effective date of such change.
The PBA agrees to furnish the Township with a copy of its “demand and return system” which must be established and maintained by the PBA in accordance with the law. The PBA shall indemnify, defend and save the Township harmless against any and all claims, demands, suits or other forms of liability that shall arise out of or by reason of any action taken in making deduction and remitting the same to the PBA pursuant to Section B of this Article. ARTICLE 32
ADDITIONAL PROVISION Article 31 is added to this Agreement to provide that any provisions of the within contract that conflict with the aforesaid amendments shall be and are superseded by this Agreement. ARTICLE 33
TERM AND RENEWAL This Agreement shall have a term from January 1, 2014 though December 31, 2017. If the parties have not executed a successor agreement by December 31, 2017, then this agreement shall continue in full force and effect until a successor agreement is executed.
Negotiations for a successor agreement shall be in accordance with the rules of the Public Employment Relations Commission.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals at Cherry Hill, New Jersey on this day of , 2014.
TOWNSHIP OF CHERRY HILL CHERRY HILL POLICE BENEVOLENT ASSOC., LOCAL NO. 176
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Charles Cahn, Mayor Ed Williams, President, Local 176
Craig Jones, PBA Delegate,
Local 176
ATTEST:
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