AGREEMENT
BETWEEN
BURLINGTON COUNTY BOARD OF SOCIAL SERVICES
AND
OFFICE & PROFESSIONAL EMPLOYEES INTERNATIONAL UNION
LOCAL 153, AFL-CIO
JANUARY 1, 2004 - DECEMBER 31, 2008
TABLE OF CONTENTS
PREAMBLE 1
ARTICLE I: RECOGNITION 1
ARTICLE II: MANAGEMENT RIGHTS 2
ARTICLE III: DUES AND REPRESENTATION FEE CHECK OFF 3
ARTICLE IV: SENIORITY 4
ARTICLE V: NON-DISCRIMINATION 4
ARTICLE VI: HOURS OF WORK 4
ARTICLE VII: GRIEVANCE PROCEDURE 7
ARTICLE VIII: DISCIPLINE FOR CAUSE 11
ARTICLE IX: PERSONAL LEAVE 12ARTICLE X: SICK LEAVE 12
ARTICLE XI: LEAVE OF ABSENCE WITHOUT PAY 14
ARTICLE XII: HOLIDAYS 16
ARTICLE XIII: BEREAVEMENT LEAVE 17
ARTICLE XIV: RECAPITULATION OF LEAVE 17
ARTICLE XV: VACATION LEAVE WITH PAY 17
ARTICLE XVI: COMPENSATION 18
ARTICLE XVII: EDUCATION BENEFITS 19
ARTICLE XVIII: HEALTH INSURANCE COVERAGE 20
ARTICLE XIX: RETIREMENT 22
ARTICLE XX: VOLUNTARY SAVINGS PLAN & CREDIT UNION 22
ARTICLE XXI: DEPARTMENTAL HEARINGS 23
ARTICLE XXII: ANNOUNCEMENT OF PROMOTIONAL JOB OPENINGS 23
ARTICLE XXIII: TEMPORARY/INTERIM JOB REPLACEMENT 23
ARTICLE XXIV: OUT OF TITLE WORK 23
ARTICLE XXV: NO STRIKE PLEDGE 24
ARTICLE XXVI: EVALUATIONS 24
ARTICLE XXVII: PERSONNEL FOLDERS 24
ARTICLE XXVIII: TRAINING 25
ARTICLE XXIX: HEALTH AND SAFETY 26
ARTICLE XXX: USE OF PRIVATELY OWNED VEHICLE 26
ARTICLE XXXI: UNION ACTIVITIES ON THE WORK SITE 26
ARTICLE XXXII: LEAVE FOR UNION ACTIVITIES 27
ARTICLE XXXIII: SEPARABILITY AND SAVINGS 28
ARTICLE XXXIV: FULLY BARGAINED CLAUSE 28
ARTICLE XXXV: PAST PRACTICES 29
ARTICLE XXXVI: ANNIVERSARY DATE CHANGE/EMPLOYEE IN NON-PAY STATUS 30
ARTICLE XXXVII: TERM OF AGREEMENT 30
APPENDIX AA@: BARGAINING UNIT TITLES AND RANGES CHART 31
APPENDIX AB@: EXPLANATION OF SCHEDULES 32
SCHEDULE A (2004) 33
SCHEDULE B (2004) 34
SCHEDULE A (2005) 35
SCHEDULE B (2005) 36
SCHEDULE A (2006) 37
SCHEDULE B (2006) 38
SCHEDULE A (2007) 39
SCHEDULE B (2007) 40
SCHEDULE A (2008) 41
SCHEDULE B (2008) 42
APPENDIX AC@: BOARD RESOLUTION NO. 92-15 43
SIGNATURE PAGE 45
PREAMBLE
This Agreement, effective January 1, 2004 through December 31, 2008, is entered into by and between the Burlington County Board of Social Services (hereinafter referred to as ABoard@ or AEmployer@) and the Office & Professional Employees International Union (OPEIU), Local 153, AFL-CIO (hereinafter referred to as AUnion@).
The purpose of this Agreement is to promote harmonious relations between the Employer and the Union, to establish an equitable and peaceful procedure for the resolution of differences, and to establish rates of pay, hours of work, and other conditions of employment.
The Employer agrees to distribute this Agreement to all members of the bargaining unit.
ARTICLE I - RECOGNITION
A. In accordance with the March 18, 1991 Certification of Representative issued by the New Jersey Public Employment Relations Commission (APERC@) in representation proceedings bearing Docket Numbers RO-91-122 & RO-91-126, and in accordance with the Settlement Agreement of February 26, 1992, PERC Docket Number CU-92-32, the Employer recognizes the Office & Professional Employees International Union (OPEIU), Local 153, AFL-CIO as the exclusive representative for the purposes of collective negotiations for all the employees in the unit described as follows:
INCLUDED: All supervisory employees employed by the Employer in the following titles:
Accountant.
Assistant Chief Investigator.
Assistant Training Supervisor.
Human Services Specialist 4.
Paralegal Technician I.
Social Work Supervisor.
Supervising Account Clerk.
Supervising Clerk.
Supervising Receptionist.
Supervisor Central Mail Room.
Supervising Telephone Operator.
EXCLUDED: All non-supervisory employees, all managerial executives, all confidential employees, craft employees, police and fire employees, and all other employees presently employed by the Employer in titles not listed as included above.
B. If the Employer creates a new position, prior to filling it the Employer shall notify the Union of the Employer's views concerning inclusion or exclusion in the negotiating unit and, if included in the unit, the salary range that the Employer intends to assign to the position. If the Union disagrees, within two (2) weeks after the Union's receipt of the Employer's notification the Union may advise the Employer of its contrary views and request a meeting to discuss and attempt to resolve the issues. Any dispute as to inclusion or exclusion (i.e., unit composition), if not resolved through face to face negotiations, may be submitted to PERC for disposition pursuant to clarification of unit proceedings. Any dispute as to the salary range to be assigned to the position, if not resolved through face to face negotiations, may be submitted to PERC for disposition pursuant to impasse procedures (i.e., mediation and fact-finding).
ARTICLE II - MANAGEMENT RIGHTS
A. The Employer reserves to itself sole jurisdiction and authority over matters of policy and retains the right, subject only to the limitations imposed by the language of this Agreement, in accordance with applicable laws and regulations:
1. To direct employees of the Employer.
2. To hire, promote, transfer, assign, and retain employees in positions of the Employer, and to suspend, demote, discharge, or take other disciplinary action against employees.
3. To relieve employees from duty because of lack of work or for other legitimate reasons.
4. To maintain efficiency of the Employer's operations.
5. To determine the methods, means, and personnel by which such operations are to be conducted.
6. To establish reasonable work rules.
7. To take whatever action may be necessary to carry out the operation of the Employer in emergency situations.
B. In the exercise of the foregoing rights, which by no means are exhaustive but rather are illustrative of the Employer's extensive managerial prerogatives, the adoption by the Employer of policies, rules, regulations, and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this Agreement and the laws and judicial decisions of the State of New Jersey and of the United States.
C. Nothing contained herein shall be construed to deny or restrict the Employer of its rights, responsibilities, and authority under Title 40A of New Jersey Statutes or other federal, state, county, or local laws, ordinances, or policies.
D. The Employer's exercise of its managerial rights, pursuant to this Article or otherwise, shall not be subject to submission to the Grievance Procedure established in this Agreement.
ARTICLE III - DUES AND REPRESENTATION FEE CHECK OFF
A. In accordance with N.J.S.A. 52:14-15.9e, the Employer, upon receipt of a duly executed authorization assignment form acceptable to the Employer, agrees to deduct from each pay period the established dues. It is further agreed that the Employer shall remit such deductions to the Union prior to the tenth day of the month following the month for which such deduction is made. Dues shall be certified to the Employer by the Union at least thirty (30) days prior to the month in which the deduction of Union dues is to be made.
B. The Employer further agrees to deduct, in accordance with P.L. 1979, c. 477, as it relates to the agency shop provisions, from the pay of each bargaining unit employee covered by this Agreement who does not furnish a written authorization for deduction of Union dues, a representation fee in the amount as certified to the Employer by the Union at least thirty (30) days prior to the month in which the deduction of dues is to be made, commencing thirty (30) days after the date of hire of such employees. In the event of rehire, such dues shall commence after thirty (30) days of date of rehire.
C. Any employee who pays a representation fee in lieu of dues shall have the right to demand and receive from the majority representative, under proceedings established and maintained in accordance with Section 3 of P.L. 1979, c. 477, a return of any part of that fee paid by him/her which represents the employee's additional pro rata share of expenditures by the majority representative that is either in aid of activities or caused of a partisan political or ideological nature only incidentally related to the terms and conditions of employment or applied toward the cost of any other benefits available only to members of the majority representative. The pro rata share subject to refund shall not reflect, however, the costs of support of lobbying designed to foster policy goals in collective negotiations and contract administration or to secure for the employees represented advantages in wages, hours, and other conditions of employment in addition to those secured through collective negotiations with the Employer. The Union shall indemnify, defend, and save the Employer harmless against any and all claims, demands, suits, or other forms of liability that shall arise out of any of the above deductions.
D. The Employer further agrees to deduct, upon receipt of a duly executed authorization, V.O.T.E. (Voice of the Electorate) contributions.
ARTICLE IV - SENIORITY
A. Seniority, which is defined as continuous employment with the Employer from date of last hire, including an employee's leave of absence with or without pay, shall be given due consideration by the Employer in accordance with New Jersey Department of Personnel regulations.
B. Except for entry level positions, in considering employees for promotion to job classifications having a higher rate of pay, the Employer shall not discriminate against any person in accordance with New Jersey Department of Personnel regulations and shall give due consideration to experience, ability, aptitude, attendance, physical condition (to the extent permitted under federal and state law governing people with disabilities), and results of New Jersey Department of Personnel examinations. When all of the aforementioned items are substantially equal, seniority shall be the deciding factor.
C. Seniority shall apply in scheduling overtime within a unit. Seniority shall apply to hours of work subject to Article VI of this Agreement. With respect to lateral transfers, the Employer shall consider seniority and the efficiency of the operation. Seniority shall apply to Article XV of this Agreement (Vacation Leave With Pay).
ARTICLE V - NON-DISCRIMINATION
A. The Employer and the Union agree there shall be no discrimination against any employee because of age, sex, marital status, race, color, religion, national origin, affectional or sexual orientation, physical handicap, political affiliation, or Union membership, or legal Union activity permitted herein.
B. Any employee claiming a violation of this Article shall forthwith advise the Director or his/her designee and utilize the Employer=s internal procedures in an effort to resolve the matter prior to filing a complaint with an outside agency.
ARTICLE VI - HOURS OF WORK
A. The work period shall consist of one (1) of the following two (2) schedules:
1. The Standard Work Schedule shall consist of a two (2) week period of seventy (70) hours, each week consisting of thirty-five (35) hours in a five (5) day period.
2. The Compressed Work Schedule Program shall consist of seventy (70) hours in a nine (9) day work period within two (2) weeks, according to the following provisions:
a. Continuation of the Compressed Work Schedule Program shall be at the Employer=s sole discretion with two (2) weeks notice to employees.
b. In order to participate in the Compressed Work Schedule Program employees must meet the following criteria: (1) the employee has had no absence because of disciplinary action in the current and/or preceding calendar year; and (2) the employee has not used more than fifty-six (56) hours of paid sick leave in the current calendar year or has not used more than fifty-six (56) hours of paid sick leave in any two (2) of the last three (3) preceding calendar years.
c. All employees whether in a Compressed Work Schedule Program or in the Standard Work Schedule shall be required to work seventy (70) hours in a pay period.
d. The Employer may add or delete additional work schedules and basic eligibility criteria for the program upon review of the Employer=s ability to properly operate and serve the client and citizens. Additional changes may be made to the Compressed Work Schedule Program at the Employer=s option upon reviewing the success of the program at rewarding employee attendance. The Employer may, at its sole discretion, discontinue the Compressed Work Schedule Program at any time with two (2) weeks notice to employees.
e. The Employer, through its administrators, shall ensure that proper staffing is maintained in each unit and department. Employees in the Compressed Work Schedule Program shall be given consideration over employees who continue to work the Standard Work Schedule in scheduling and assigning hours of work. The administrator shall endeavor to honor all work schedule requests under the Compressed Work Schedule Program while ensuring that proper staffing is maintained.
f. All paid leave, be it sick, vacation, bereavement, or personal leave, which is taken by an employee participating in the Compressed Work Schedule Program, shall be charged on a prorated basis according to the actual time the employee is absent from his/her scheduled work day.
g. Since employees participating in the Compressed Work Schedule Program have a longer workday than employees in the Standard Work Schedule, a time differential exists on holidays. This differential shall be equalized in the following manner for those employees who elect to participate in the Compressed Work Schedule Program. If a holiday occurs on an employees normal day off, he/she shall be granted, on a straight hour-for-hour basis, seven (7) hours of compensatory time which shall be used within three (3) months of being earned at the employer=s discretion with five (5) days notice to the employee. If a holiday occurs on a day that the employee was scheduled to work, the employee shall be granted seven (7) hours of paid holiday time. The difference between what the employee was scheduled to work and seven (7) hours shall be charged, at the employee=s option, to either paid vacation, paid personal, or paid compensatory time.
h. Supervisors who participate in the Compressed Work Schedule Program may at times have to attend a meeting, hearing, training session, or similar function during their scheduled day off under the Compressed Work Schedule Program. If this occurs, the employee shall be allowed to reschedule their day off with their administrator=s approval under the Compressed Work Schedule Program.
i. An employee who loses eligibility to participate in the Compressed Work Schedule Program shall revert to the Standard Work Schedule at the beginning of the next pay period upon notification by the Fiscal Department.
3. Nothing stated in this Section shall be construed as diminishing or altering the Employer's prerogative to add or delete shifts, or to revise starting and ending times of existing shifts, to conform to the Employer's operational needs as determined by the Employer in its sole and exclusive discretion. The Employer represents that it has no present intention to implement any such change, and agrees that if at any future time it does intend to implement any such change it shall first notify the Union of its intentions reasonably in advance of intended implementation and shall consider any input provided in writing by the Union in response to such notification, as long as the Union's input is provided in a timely manner.
4. In the event of a permanent shift change, the Employer shall provide the affected employee(s) with written notice of not less than fourteen (14) calendar days.
B. Overtime pay:
When, by reason of the pressure of official business, an employee is authorized and required to work overtime, which is defined as hours or any fraction thereof, accrued in excess of seventy (70) hours in a two (2) week pay period, the employee is entitled to receive cash compensation for work performed beyond seventy (70) hours in a two (2) week pay period at a rate of one and one-half (12) times the regular rate at which he/she is employed or compensatory time at the Employer's option, provided that the employee is in a pay status for the entire thirty-five (35) hour work week. Compensatory time may be accrued up to a maximum of thirty-five (35) hours and must be used within three (3) months of the date earned. Should the compensatory time not be used within three (3) months, the employee shall be issued a cash payment for any unused compensatory time.
C. Should the employee be required to work on a holiday, he/she shall receive his/her normal day's pay for the holiday in addition to the overtime rate of one and one-half (12) times the regular rate.
D. Skeletal crew coverage owing to emergency situations shall be compensated by compensatory time on an equal basis of time off for time.
ARTICLE VII - GRIEVANCE PROCEDURE
A. Purpose:
1. The purpose of this procedure is to secure, at the lowest possible level, equitable solutions to the problems which may arise affecting the terms and conditions of employment. The parties agree that this procedure shall be kept as informal as may be appropriate.
2. Nothing herein contained shall be construed as limiting the right of any employee to discuss a matter informally with an appropriate member of the administration and have the grievance adjusted without the intervention of the Union.
3. This constitutes the sole and exclusive method for resolving grievances between the parties covered by this Agreement.
B. Definitions: The term Agrievance@ shall mean an allegation that there has been:
1. A misinterpretation or misapplication of the terms of this Agreement which is subject to the Grievance Procedure outlined herein and shall hereinafter be referred to as a Acontractual grievance@; or
2. Inequitable, improper, or unjust application, or misinterpretation of rules or regulations, existing policy, or orders applicable to the Employer, which shall be processed up to and including the Board, with both parties having the option of non-binding arbitration prior to the Board, and shall hereinafter be referred to as a Anon-contractual grievance@.
3. The term Aemployee@ or Agrievant@ as used in this Article shall also mean a group of employees with a grievance, or the Union.
4. Nothing in this Agreement shall be construed as permitting negotiation of the standards or criteria for employee performance.
C. Presentation of a Grievance: The Employer agrees that in the presentation of a grievance there shall be no loss of pay for the time spent in presenting the grievance by the grievant, and a Union Steward and Union Recorder, both of whom shall be employees of the Employer. The Employer representative(s) at any grievance hearing shall have the right in his/her/their discretion to record the proceedings electronically. Additionally, it is agreed that nothing stated elsewhere in this Grievance Procedure shall be construed to alter the Employer's statutory right to select its representative or representatives at any step of the Grievance Procedure for the purpose of the adjustment of grievance(s), pursuant to N.J.S.A. 34:13A-5.4(b)(2), provided, however, that the Employer shall not select the same person(s) to be the hearer(s) at both Step 2 and Step 3.
D. Grievance Procedure:
1. STEP 1:
The grievant and his/her Union Shop Steward shall present the employee's written grievance or dispute within fifteen (15) working days of its occurrence or within fifteen (15) working days after he/she would reasonably be expected to know of its occurrence, to the employee's immediate superior. Failure to act within said fifteen (15) days shall be deemed to constitute an abandonment of the grievance. The Employer shall make available to the Union upon reasonable request and within a reasonable time period thereafter, any information relating to the processing of a grievance. The immediate superior shall schedule a hearing within ten (10) working days of receipt of the grievance and shall render a decision in writing to the grievant within ten (10) working days of the hearing.
Step 1 may be waived by mutual agreement between the parties.
2. STEP 2:
If the grievance is not settled through Step 1, which includes if no written response if received within the prescribed time frames, the same shall be presented in writing by the employee and the employee's Union representative who is either the Shop Steward, Chief Steward, or Union Business Representative, to the Director or his/her designee within ten (10) working days of the written response from Step 1. The Director or his/her designee shall hold a hearing within ten (10) working days of the request for the hearing and render a decision within ten (10) working days of the hearing. No person(s) shall be named as the Director=s designee(s) except professional legal staff members or persons in positions of a higher level than the Step 1 management representative.
3. STEP 3:
a. Should the parties fail to agree with the decision of the Director or his/her designee(s), the grievant may, within five (5) working days, submit to the Board, a statement in writing and signed as to the issues in dispute. In the event the grievant files his/her statements with the Board at least ten (10) working days prior to the next regularly scheduled Board meeting, the matter shall be placed on the agenda for that Board meeting. Statements filed less than ten (10) working days before the next regularly scheduled Board meeting may be considered by the Board at the meeting, or, at the Board's discretion, placed on the agenda for the following regularly scheduled meeting. At the first Board meeting at which a grievance is on the agenda, the merits of the grievance shall not be considered. Rather, the only issue to be considered by the Board is identification of the hearer(s), if any. The Board shall decide on a case by case basis whether a grievance shall be heard by the full Board, by some designated committee of the Board, by a designated hearing officer(s), or not at all (in which case the Step 2 decision shall be deemed to be the Board's decision). If the Board decides not to hear a non-contractual grievance, then the Step 2 decision is final unless the Union elects to invoke arbitration under Step 4 of this Grievance Procedure, in which event the arbitrator's decision shall be non-binding upon either party. After the Board has identified the hearer(s), if any, the hearer(s), by no later than the date of the next regularly scheduled Board meeting, shall review the decision of the Director or his/her designee(s) together with the disputed areas submitted by the grievant. The grievant and/or the Union representative, may request an appearance before the hearer(s). The grievant may be represented by the Chief Steward, the Union Business Representative, or both. The hearer(s) shall render its/their decision within ten (10) working days after the date at which the matter has been reviewed. If the hearer's(s') decision involves a non-contractual grievance, the decision of the hearer(s) shall be final. Before a grievance is taken to the Board either party may request arbitration as outlined in Step 4 of this Agreement, except that the arbitrator's decision shall be non-binding upon either party.
b. A minority organization shall not present or process a grievance.
4. STEP 4:
a. If no settlement of the grievance has been reached between the parties, the Union must file the request for arbitration within thirty (30) days after the receipt of the Step 3 decision.
b. Nothing in this Agreement shall be construed as compelling the Union to submit a grievance to arbitration or to represent an employee before the New Jersey Department of Personnel. The Union's decision to request a movement of a grievance to arbitration or to terminate the grievance prior to submission to arbitration shall be final as to the interests of the grievant and the Union.
c. Where the grievance involved an alleged violation of individual rights specified in New Jersey Department of Personnel law and regulations for which a specified appeal to the New Jersey Department of Personnel is available, the individual shall present his/her complaint to the New Jersey Department of Personnel directly.
d. Should the Union wish to move a grievance to arbitration, the parties may have the option of selecting an arbitrator as follows:
(1) By selection from the panel of arbitrators maintained by PERC, in accordance with the selection procedures of PERC; or
(2) By selection from the panel of arbitrators maintained by the American Arbitration Association, in accordance with the selection procedures of the American Arbitration Association.
e. The parties shall meet at least ten (10) working days prior to the date of the arbitration hearing to frame the issues to be submitted to the arbitrator and to stipulate the facts of the matter in an effort to expedite the hearing. The arbitrator shall hear the matter on the evidence and within the meaning of this Agreement and/or such regulations as may be in effect by the New Jersey Department of Personnel.
f. The arbitrator shall have the full power to hear the grievance and make a decision, which decision shall neither modify, add to, nor subtract from the terms of this Agreement and the referenced policies. He/She shall confine himself/herself to the precise issue submitted for arbitration and shall have no authority to determine any other issues not so submitted to him/her, nor shall he/she submit observations or declaration of opinions which are not essential in reaching the determination. The decision shall be rendered within thirty (30) days of the hearing.
g. The cost of the arbitrator and his/her expenses shall be borne equally by both parties. Any other expenses incurred in connection with the arbitration shall be paid by the party incurring same.
h. The cost of the transcript, if any, shall be borne by the party requesting it. If both parties request a transcript, the cost shall be shared equally.
i. The arbitrator may prescribe an appropriate back-pay remedy when he/she finds a violation of this Agreement, provided such a remedy is permitted by law and is consistent with the terms of this Agreement, except that he/she may not make an award which exceeds the Employer's authority. The arbitrator shall have no authority to prescribe a monetary award as a penalty for a violation of this Agreement.
j. The decision or award of the arbitrator shall be final and binding on the Board, the Union, and the grievant(s) to the extent permitted by and in accordance with applicable law and this Agreement.
k. Either party shall have the right to seek judicial review of the matter as prescribed by New Jersey law.
l. There shall be no loss of pay for employees for time spent either as a grievant, witness, or Union Representative or Union Recorder, in any step of the Grievance Procedure.
m. Employee grievances shall be presented on prepared forms. The Grievance Procedure as defined herein shall be strictly adhered to. Time limits may be waived only by mutual consent of the parties in writing. It is understood that employees must sign their individual grievances.
n. Grievance resolutions of decisions at Steps 1 through 3 shall not constitute a precedent in any arbitration or other proceeding unless a specific agreement to that effect is made by the authorized representatives of both parties. This is not to be construed as limiting the right of either party to introduce relevant evidence, including such grievance resolution, as to the prior conduct of the other party.
o. The Union shall be allowed reasonable time off during working hours to investigate each grievance.
ARTICLE VIII - DISCIPLINE FOR CAUSE
A. No employee shall be disciplined by discharge, reprimand, reduction in rank or compensation, deprivation of any professional advantage, or suffer any adverse evaluation of his/her professional services without just cause. Notwithstanding anything to the contrary set forth in this Agreement, and in accordance with N.J.S.A. 34:13A-5.3, nothing in this Agreement shall be construed as permitting negotiations of the standards or criteria for employee performance. Any disciplinary action asserted against the employee, or any agent or representative thereof, shall be subject to the Grievance Procedure set forth in Article VII of this Agreement.
B. Discipline shall be progressive in nature, corrective in intent, and conducted in a private place.
C. The degree of discipline administered by the Employer in a particular case must be reasonably related to:
1. The seriousness of the employee's proven offense; and
2. The record of the employee and his/her service to the Employer.
D. Any discipline which results in a removal or suspension pending removal shall not be imposed prior to the employee having an informal hearing with the Director or his/her designee, unless there is an imminent threat to health or safety.
E. The Employer agrees to set forth on Disciplinary Form PER-62 (Written Warning Report) that the employee has the right to have Union representation.
F. The Employer agrees that whenever an employee has a disciplinary hearing with a member of the agency that is higher in authority than their immediate supervisor that the Union shall be notified prior to the hearing.
G. If a job related complaint is lodged against an employee, the employee shall be informed of the nature of the complaint and the identity of the complainant at such time, if any, as the Employer in its discretion deems it appropriate to so inform the employee.
H. If the Employer takes disciplinary action against an employee and if the Union files appropriate appeal action, the Employer agrees to provide the Union with copies of all documentation upon which it shall rely to support the disciplinary action. In addition, the Union agrees to provide the Employer with copies of all documents upon which it shall rely at any subsequent hearings at least forty-eight (48) hours in advance of the scheduled hearing date. Any such documentation which becomes known for the first time within the forty-eight (48) hour period shall be provided as soon as possible thereafter, prior to the commencement of such hearing.
ARTICLE IX - PERSONAL LEAVE
A. Full-time employees shall be credited with three (3) days of personal leave as follows:
1. New employees shall earn one (1) personal day after each three (3) full calendar months of continuous employment up to a maximum of three (3) days personal leave during the remainder of the calendar year following the date of appointment.
2. After the first calendar year following the date of appointment, employees shall be credited with three (3) days of personal leave per calendar year.
3. After ten (10) years, one (1) additional day for personal leave shall be granted.
B. Request for personal leave of absence must be approved in advance by the employee's immediate supervisor except in case of emergency, in which case, timely notice shall be considered the date the leave is requested.
C. Personal leave is granted for the purpose of conducting personal business which cannot be conducted during normal off duty hours.
D. No employee shall be granted a personal leave day on the business day preceding or following a paid vacation day or holiday, except in the case of an emergency or a religious day, or in any other case, without the prior approval of his/her immediately supervisor.
E. Personal leave days shall not be accumulated beyond the calendar year.
F. The Employer agrees that up to an annual bargaining unit maximum of twenty-one (21) hours paid release time shall be available for employees performing civic emergency volunteer service (i.e., fire and first aid squad) during normal working hours, provided that the employee supplies verification that is satisfactory to his/her immediate superior. In the event of a serious documented civic emergency, the Employer, at its discretion, may approve additional time for employees to respond to the civic emergency.
ARTICLE X - SICK LEAVE
A. Definition:
Sick leave means the absence of an employee from duty because of illness, injury, pregnancy, disability, exposure to contagious disease, necessary attendance upon a member of the immediate family seriously ill, death in the immediate family or other relatives living in the employee's household.
B. The current sick leave policy shall be continued during the life of this Agreement as follows:
1. During the remainder of the calendar year in which a provisional or permanent employee is first appointed, that employee shall accumulate sick leave privileges as earned on the basis of one (1) day per month of service or major fraction thereof.
2. Permanent and provisional employees, starting with the second calendar year of employment, shall be entitled to fifteen (15) days sick leave each calendar year on a cumulative basis. The leave is credited in advance at the beginning of the year in anticipation of continued employment for the full year and may be used in accordance with established Employer policy.
C. Part-Time Employees:
Part-time employees shall receive sick leave on a prorated basis.
D. All Employees:
1. Sick leave for absences of five (5) days or more must be requested by the employee in writing to the Personnel Office, and is subject to Section D4 below. This request must be accompanied by a written statement by a physician prescribing the sick leave and giving the reason for the sick leave.
2. The Union recognizes the Employer=s right to request and receive medical documentation for the approval of sick leave whenever the Employer deems such documentation appropriate. The Union also recognizes abuse of sick leave shall be cause for disciplinary action. Excused sick leave shall not have an adverse impact on evaluations, subject to New Jersey Department of Personnel case law which presently addresses extreme and exceptional circumstances. Under the provisions of N.J.A.C. 4A:6, the Employer may require proof of illness of an employee on sick leave whenever such requirement appears reasonable. Abuse of sick leave shall be cause for disciplinary action.
3. In all cases of illness, whether of short or long term, the employee is required to notify his/her superior of the reason for absence no later than thirty (30) minutes from the start of the shift. If the employee's superior cannot be reached, the employee shall then make his/her best efforts to notify the Employer by proceeding up the management ladder, that is, the chain of command. As an exception to the foregoing general rule of daily notification, if the employee supplies evidence that is satisfactory to his/her immediate superior of a multi-day absence, then no additional notification shall be required for the remainder of the multi-day absence. It is understood that the immediate superior shall not be unreasonable in what he/she deems to be satisfactory evidence of illness duration. Failure to report absences on the part of any employee may be cause for disciplinary action. A physician's certificate must be submitted to the Personnel Office whenever an employee is on sick leave for five (5) consecutive work days or more.
4. All sick leaves are subject to administration and/or Board approval and, where appropriate, to approval by the Division of Family Development and the New Jersey Department of Personnel.
5. Each employee who retires from the Public Employees Retirement System (PERS) shall be entitled, upon retirement, to receive a lump sum payment for accumulated unused sick leave earned during continuous unbroken service since the most recent date of hire. This payment shall be computed at the rate of pay of one-half (2) of the eligible employee's daily rate of pay for each day of earned and unused accumulated sick leave based upon the average annual compensation received during the last year of his/her employment prior to the effective date of his/her retirement, provided, however, that no lump sum supplemental compensation payment shall exceed the amount set forth in N.J.S.A. 11A:6-19. An employee who elects a deferred retirement benefit shall not be eligible for this lump sum payment.
E. A one hundred dollar ($100.00) bond shall be presented to all full-time employees in the bargaining unit who do not use any sick time during the calendar year. The bond shall be issued by the end of February of each year.
F. Notification of pregnancy shall be given to the Director not later than the end of the sixth month of pregnancy. Except for reasons of health and safety or inability to perform her job, the pregnant employee shall be permitted to work provided the attending physician approves and so advises in writing.
ARTICLE XI - LEAVE OF ABSENCE WITHOUT PAY
A. Leaves of absence without pay not mandated by the New Jersey Family Leave Act or the Federal Family and Medical Leave Act of 1993 may be granted, at the discretion of the Employer to permanent employees for any reason considered good by the Employer, for a period not to exceed six (6) months at any one (1) time at the discretion of the Employer, subject to approval by the Division of Family Development and the New Jersey Department of Personnel. Such leaves of absence may be renewed by the Board for an additional period not to exceed six (6) months. No further renewal may be granted except upon approval by the New Jersey Department of Personnel for reasons as established by New Jersey Department of Personnel regulations.
B. In all cases, a letter of request from the employee setting forth the reasons the leave is desired and the dates for the commencing and the terminating of the leave shall be submitted to the Employer. No leave of absence without pay shall become effective without prior approval by the Board and/or the Director except in cases of emergency. In such case the employee shall be granted up to seventy- two (72) hours following the request for leave to provide verification of the emergency.
C. Employees granted any leave of absence without pay shall have annual sick leave and vacation leave reduced at the same rate earned for every full month or major fraction thereof that the employee is on such leave without pay for the year in which such leave is taken.
D. Employees shall not be granted leave of absence without pay to accept employment outside of the Burlington County Board of Social Services.
E. Provisional or temporary employees may be granted up to sixty (60) days of leave without pay.
F. The State Health Benefits Program coverage of any eligible employee and of his/her dependents, if any, during any period of leave of absence without pay not mandated by the New Jersey Family Leave Act or the Federal Family and Medical Leave Act of 1993 shall terminate on the last day of the coverage period for which premiums have been paid. However, the coverage of the employee and the employee's dependents may be continued by such employee, if the employee shall pay to the Employer, in advance, the total premium required for the employee's coverage and the coverage of the employee's dependents during such period of authorized leave of absence without pay and provided that no period of such continued coverage exceeds a total of nine (9) months or twenty (20) bi-weekly payroll periods.
G. The Employer agrees to prepare and distribute a handout for all employees who request leave of absence. This handout shall provide Board policy relative to benefits and procedures to be followed when requesting leave and when returning from leave.
H. The Employer agrees to be bound by all provisions of the New Jersey Family Leave Act, N.J.S.A. 34:11B-1 et seq., and the Federal Family and Medical Leave Act of 1993 (Pub. L. 103-3, February 5, 1993) so long as both acts shall remain in effect.
I. Child care leave shall be granted in compliance with New Jersey Department of Personnel regulations, the New Jersey Family Leave Act, and the Federal Family and Medical Leave Act of 1993.
J. The Employer may grant to permanent employee fathers of newborn children and newly adoptive parents a leave of absence without pay for a period not to exceed six (6) months at any one (1) time. Such leaves of absence may be renewed for an additional period not to exceed six (6) months only with the approval of the Board. No further renewal may be granted except upon the approval by the New Jersey Department of Personnel for reasons established by regulations.
K. Requests for child care leave shall be made in writing to the Director.
L. The Employer agrees to furnish to each employee a copy of its existing summary of the New Jersey Family Leave Act and shall also provide each employee with a copy of a summary of the Federal Family and Medical Leave Act of 1993 once the latter is analyzed and a summary is prepared.
ARTICLE XII - HOLIDAYS
A. The following paid holidays shall be observed:
New Year's Day, January 1.
Martin Luther King, Jr. Day, 3rd Monday in January.
Abraham Lincoln=s Birthday, February 12
George Washington=s Birthday, 3rd Monday in February.
Good Friday.
Memorial Day, Last Monday in May.
Independence Day, July 4.
Labor Day, 1st Monday in September.
Columbus Day, 2nd Monday in October.
General Election Day.
Veterans' Day, November 11.
Thanksgiving Day, 4th Thursday of November.
Friday after Thanksgiving Day.
Christmas Eve, December 24.
Christmas Day, December 25.
B. Whenever any such holiday falls on a Sunday, the following day shall be the holiday and when any such holiday falls on a Saturday, the preceding day shall be the holiday.
C. Additional holidays as established from time to time by gubernatorial proclamation, and additional days which may be established by appropriate authority by rule, proclamation, or order in Burlington County as holidays for public employees.
D. The employee must be in a pay status (excluding employees on education leave with pay) the last scheduled full work day before and the first scheduled full work day after the holiday in order to be paid for that holiday. Unpaid time approved for Union activity shall be treated as being in pay status for the purpose of holiday pay eligibility.
ARTICLE XIII - BEREAVEMENT LEAVE
A. All employees shall be entitled to a maximum of five (5) days leave with pay for each occurrence of death in the immediate family. The immediate family shall be defined as an employee=s spouse, child, legal ward, grandchild, foster child, father, mother, legal guardian, grandfather, grandmother, brother, sister, father-in-law, mother-in-law, and other relatives residing in the employee=s household. Pursuant to N.J.A.C. 4A:1-1.3 stepparents and stepchildren are immediate family if residing in the employee=s household. A leave of a maximum of three (3) days per occurrence with pay shall be provided in the event of death of the employee's brother-in-law, sister-in-law, and stepparents and stepchildren not residing in the employee=s household.
B. An employee shall be required to present his/her immediate supervisor with proof of death (i.e., copy of death certificate, obituary notice, etc.) and, if necessary, to provide a personal written certification of the relationship to the deceased.
ARTICLE XIV - RECAPITULATION OF LEAVE
A. The Employer shall issue a bi-weekly recapitulation of accrued sick, vacation, and personal leave on an individual basis. All recapitulations are tentative subject to audit by the State of New Jersey.
B. Upon agency receipt of notification of audit discrepancy, recapitulation of leave shall be accomplished immediately as a debit or credit in accordance with the official audit by the State of New Jersey.
ARTICLE XV - VACATION LEAVE WITH PAY
A. Full-time employees shall be granted vacation leave as follows:
1. One (1) working day for each month of service or major fraction thereof during the first year;
2. After one (1) year of service through five (5) years of service, twelve (12) working days per year;
3. After five (5) years of service through ten (10) years of service, fifteen (15) working days per year;
4. After ten (10) years of service through seventeen (17) years of service, twenty (20) working days per year;
5. After seventeen (17) years of service through twenty-five (25) years of service, twenty-five (25) working days per year;
6. After twenty-five (25) years of service, thirty (30) working days per year.
B. Service includes all temporary and/or provisional continuous service immediately prior to permanent appointment with the Employer provided there is no conflict with N.J.A.C. 4A:4-7.1 governing the Interagency Transfer Program.
C. Where in any calendar year the vacation leave or any part thereof is not granted by reason of pressure of work, or other good cause, such leave of absence or parts thereof not granted shall accumulate and may be carried over to the next succeeding calendar year, or the Employer at its option may grant cash compensation for all or part of such carried over unused vacation days. The Employer shall exercise its option by no earlier than September 1st of each year.
D. When vacation leave requests conflict, the employee with the most title seniority shall be given preference of vacation leave time. If any employee submits a request for vacation leave in conjunction with a holiday, the employee's request must be submitted two (2) months prior to the beginning of the leave, otherwise vacation leave requests based on seniority may not be granted. The vacation leave request shall be confirmed in writing.
E. The Employer shall strive to insure that work loads of employees on approved vacation leaves are given adequate coverage to insure the implementation and administration of the Mission Statement as outlined in the Employee Handbook.
F. Holidays which occur or are observed during an employee's vacation leave period, shall be paid as a holiday and shall not be charged against vacation leave entitlement.
ARTICLE XVI - COMPENSATION
A. Effective January 1, 2004 employees= salaries shall be adjusted to reflect a three percent (3%) salary increase on base salaries as of December 31, 2003. Effective January 1, 2005 employees= salaries shall be adjusted to reflect a three and one-quarter percent (3.25%) salary increase on base salaries as of December 31, 2004. Effective January 1, 2006 employees= salaries shall be adjusted to reflect a three and one-half percent (3.5%) salary increase on base salaries as of December 31, 2005. Effective January 1, 2007 employees= salaries shall be adjusted to reflect a three and one-half percent (3.5%) salary increase on base salaries as of December 31, 2006. Effective January 1, 2008 employees= salaries shall be adjusted to reflect a three and one-half percent (3.5%) salary increase on base salaries as of December 31, 2007. The salary steps for 2004, 2005, 2006, 2007, and 2008 produced as a result of the foregoing computational methodology are annexed hereto as Supervisors' Salary Charts in Appendix AB@. A retroactive payment for 2004 and 2005 shall be paid no later than forty-five (45) days from the date of the execution of this Agreement.
B. All employees who are not at the maximum step of their salary range and who have satisfactorily completed at least one (1) year of continuous employment shall receive a merit increment based upon either their date of hire or promotional appointment date, whichever shall apply.
C. There shall be established a second set of salary schedules that is equal to one (1) range less than the current salary schedule for any employee whose date of hire with the Employer is after December 31, 1997.
D. All employees whose date of hire with the Employer is after December 31, 1997 shall not be entitled to receive merit increments as delineated in Section B.
E. A signing bonus of five hundred dollars ($500.00), not on base, shall be paid within forty- five (45) days of the execution of this Agreement to each employee on payroll as of the date of the execution of this Agreement.
ARTICLE XVII - EDUCATION BENEFITS
A. All employees with one (1) year permanency with the Employer shall be entitled to reimbursement with prior approval of the Board for not more than twenty-one (21) credit hours per calendar year to the extent of one hundred percent (100%) of tuition in job related areas. All employees must show proof of enrollment and upon completion of course must show proof of satisfactory completion of course (grade of AC@ or better), to receive reimbursement. Rates are not to exceed those of Rutgers, The State University of New Jersey.
B. Basic approved college courses, graduate courses, and special training and seminar tuition costs shall be reimbursed at the rate of one hundred percent (100%). All employees must show proof of satisfactory completion (grade of AC@ or better) to receive reimbursement. Rates are not to exceed those of Rutgers, The State University of New Jersey, provided that such course, training, or seminar shall have been approved in advance by the Director in the exercise of his/her sole discretion. The Employer shall provide an allowance not to exceed two hundred fifty dollars ($250.00) per year for books required by the educational institution.
C. The method of the time lost from work in order to attend classes shall be determined by the Supervisory Education Committee and shall not exceed four (4) hours per week.
D. The Supervisory Education Committee shall consist of three (3) members, one (1) of whom shall be a bargaining unit member. The Committee shall meet at least quarterly. All education leave requests shall be presented to all members of the Committee prior to their consideration of such requests.
E. The Supervisory Education Committee shall make recommendations to the Director on all education leave requests, whether full-time or part-time and whether with or without stipend. The standards governing such requests shall be as promulgated from time to time by the Director in the exercise of his/her discretion. The Director shall have the authority to limit the number of education leaves in any given year, in which case, the recommendations of the Supervisory Education Committee shall consider seniority when all other factors are equal.
F. Reimbursement to the employee shall be charged to the calendar year in which the credits are earned.
G. Supervisory staff maintaining their certification/licensure through the New Jersey State Board of Social Work Examiners shall be reimbursed their certification fee biannually, or as required by the licensing board in an amount not to exceed one hundred twenty-five ($125.00) per calendar year.
ARTICLE XVIII - HEALTH INSURANCE COVERAGE
A. The Employer agrees to pay the designated costs for eligible employees and their dependents, in accordance with the definition of the insurance carrier, as follows:
1. Medical Insurance:
Hospital, surgical, and major medical Blue Cross/Blue Shield of New Jersey or Health Maintenance Organization (AHMO@) or Preferred Provider Organization (APPO@) benefits as presented by the New Jersey State Health Benefits Program shall be available for temporary, interim, and permanent full- time employees after the first of the month following sixty (60) days of service. The Employer shall pay up to the same amount towards HMO and PPO coverage that it contributes toward basic coverage of the New Jersey State Health Benefits Program. Any additional cost for HMO and PPO coverage shall be the sole responsibility of the employee through bi-weekly payroll deductions. It is agreed that should the premium increase exceed thirty-five percent (35%) in any one (1) year, the Employer shall have the right to re-open this Agreement and renegotiate alternative medical insurance plans.
2. Dental Plan:
Dental plan coverage for full family to include orthodontic benefits as defined by the insurance carrier, Delta Dental Plan of New Jersey, Inc. Coverage shall be provided from the first day of the month following the completion of three (3) full months of continuous service to the Employer. At least ninety (90) days prior to the expiration of the current dental contract, the Employer agrees to review comparable dental plans and/or Dental Maintenance Organizations to obtain a comparable and/or improved dental plan with same or similar costs to the Employer.
3. For the years 2004 and 2005 each employee shall contribute ten dollars ($10.00) per month towards the cost of dental insurance premiums. Effective January 1, 2006 each employee shall contribute fifteen dollars ($15.00) per month towards the cost of dental insurance premiums. Effective January 1, 2007 each employee shall contribute twenty dollars ($20.00) per month towards the cost of dental insurance premiums. Effective January 1, 2008 each employee shall contribute twenty-five dollars ($25.00) per month towards the cost of dental insurance premiums. Upon implementation of a Flexible Spending Account (FSA) Section 125 Plan the above employee contributions shall be eligible for FSA treatment pursuant to IRS regulations.
4. If and when authorized by New Jersey State Health Benefits Program regulations, no new enrollees shall be permitted in the traditional Blue Cross/Blue Shield indemnity plan. Employees enrolled in this plan prior to such authorization by New Jersey State Health Benefits Program regulations are permitted to stay in this plan.
5. If and when authorized by New Jersey State Health Benefits Program regulations, the Employer=s basic health care program for both active and retired employees shall be changed from the traditional Blue Cross/Blue Shield indemnity plan to the NJ Plus Plan.
6. The Employer wishes to implement opt-out incentives for employees with dual health insurance coverage, if and when authorized by law, consisting of: (a) No contribution towards medical and dental insurance premiums; and (b) A twenty-five percent (25%) refund of the savings generated to the Employer. If and when implemented, it is the Employer=s intention that payment of the savings refund commence upon implementation of an FSA with any retroactive adjustment made should the FSA not be operative at the time of opting-out of coverage, and, thereafter, payment of the savings refund being made on a monthly basis.
B. The Employer shall participate in the New Jersey State Disability Plan.
C. Any employee who retires from the Employer on a permanent job-related disability or retires from the Employer with twenty-five (25) years of service shall continue to receive medical insurance benefits for life, in accordance with Board Resolution No. 92-15, consistent with P.L. 1974, c. 88, as amended. A copy of this Resolution appears herein as Appendix AC@.
D. Any employee who retires from the Employer on a permanent job-related disability or retires from the Employer with twenty-five (25) years of service shall continue to receive dental plan benefits for life, unless offered or provided by another Employer. In addition, if retiree desires and requests dependent coverage for dental plan benefits, he/she may maintain dependent coverage, but must agree to a monthly reimbursement plan rate for the life of the retiree.
E. The Employer agrees to be bound by all provisions of the New Jersey Family Leave Act, N.J.S.A. 34:11B-1 et seq., and the Federal Family and Medical Leave Act of 1993 (Pub. L. 103-3, February 5, 1993) so long as both acts shall remain in effect.
ARTICLE XIX - RETIREMENT
A. Each employee who retires from the Public Employees Retirement System shall be entitled to receive a lump sum payment for accumulated unused sick leave earned during continuous unbroken service since the most recent date of hire. This payment shall be computed at the rate of one-half (2) of the eligible employee's daily rate of pay for each day of earned and unused accumulated sick leave based upon the average annual compensation received during the last year of his/her employment prior to the effective date of his/her retirement, provided, however, that no lump sum supplemental compensation payment shall exceed the amount set forth in N.J.S.A. 11A:6-19. An employee who elects a deferred retirement benefit shall not be eligible for this lump sum payment.
B. Any employee who retires from the Employer on a permanent job-related disability or retires from the Employer with twenty-five (25) years of service shall continue to receive medical insurance benefits for life, in accordance with Board Resolution No. 92-15 (attached as Appendix AC@), consistent with P.L. 1974, c. 88, as amended.
C. Any employee who retires from the Employer on a permanent job-related disability or retires from the Employer with twenty-five (25) years of service shall continue to receive dental plan benefits for life, unless offered or provided by another employer. In addition, if retiree desires and requests dependent coverage for dental plan benefits, he/she may maintain dependent coverage, but must agree to a monthly reimbursement plan rate for the life of the retiree.
ARTICLE XX - VOLUNTARY SAVINGS PLAN & CREDIT UNION
A. Employees may enroll in a voluntary payroll deduction Federal Savings Bond Plan.
B. Employees may enroll in a voluntary credit union.
C. Applications for enrollment in the voluntary savings plan shall be made available through the Employer's payroll office.
D. The Employer shall continue to make direct deposit of payroll checks available. However, the Employer shall be held harmless for any problems encountered by the employee.
ARTICLE XXI - DEPARTMENTAL HEARINGS
Departmental hearings shall be conducted in accordance with New Jersey Department of Personnel regulations.
An updated version of Title 4A of the New Jersey Administrative Code shall be made available by the Employer for employee review.
ARTICLE XXII - ANNOUNCEMENT OF PROMOTIONAL JOB OPENINGS
Notices of examination shall comply with applicable New Jersey Department of Personnel regulations (currently N.J.A.C. 4A:4-2.1).
ARTICLE XXIII - TEMPORARY/INTERIM JOB REPLACEMENT
When the Employer decides that there is a need to fill a position which has become vacant on a temporary/interim basis, the procedure shall be in accordance with applicable New Jersey Department of Personnel regulations (currently N.J.A.C. 4A:4-1.6 regarding interim appointments and N.J.A.C. 4A:4-1.7 regarding temporary appointments).
ARTICLE XXIV - OUT OF TITLE WORK
A. If an employee works out of his/her classification at the request of the Employer and accumulates seventy (70) hours of out of title work within a three (3) month period, he/she shall receive the rate of pay for that classification or the rate of pay for his/her own classification, whichever is the higher, for the total number of hours worked outside his/her classification. A log sheet shall be maintained by the employee, which shall be initialed by the supervisor for all hours worked out of title.
B. An employee who believes he/she is working out of title for the prescribed period of time, although not requested to do so by the Employer shall have the right to file a grievance in accordance with Article VII of this Agreement.
C. If an employee receives a higher rate of pay for working outside his/her classification for a minimum of one (1) continuous pay period, the employee shall receive the higher rate of pay for vacation, sick, personal, and bereavement time utilized during the period the employee is being compensated at the higher level.
ARTICLE XXV - NO STRIKE PLEDGE
A. The Union agrees that during the term of this Agreement neither the Union nor any person acting on its behalf shall cause, authorize, condone, or support, nor shall any of its members take part in, any strike (i.e., the concerted failure to report for duty, or willful absence of any employee from his/her position, or stoppage of work or abstinence in whole or in part, from the full, faithful, and proper performance of the employee's duties of employment), work stoppage, slowdown, or walkout. The Union agrees that such action would constitute a material breach of this Agreement.
B. The Union shall actively discourage any of its members or persons acting on their behalf from taking part in any strike, slowdown, or job action, and make reasonable efforts to prevent such illegal action.
ARTICLE XXVI - EVALUATIONS
Employee performance evaluations shall be subject to New Jersey Department of Personnel regulations.
ARTICLE XXVII - PERSONNEL FOLDERS
A. No dual personnel records are to be kept unless otherwise required by law.
B. Each employee shall, upon request, have an opportunity to review his/her personnel folder.
C. Employees shall be given the opportunity to initial derogatory or negative file entries. Derogatory or negative file entries must be placed in the employee's personnel record within twenty (20) days of Employer's discovery of facts giving rise to the adverse material or twenty (20) days from completion of the investigation, whichever is later. Adverse material shall be retained in the file indefinitely. However, adverse material shall not be used in support of discipline after a period of seven (7) years from date of adverse material. Failure of the employee to sign the derogatory or negative file entry shall not prevent them from becoming part of the employee's record.
D. A log sheet shall be kept of all persons requesting to see and/or review personnel folders, except for the Employer=s personnel and payroll offices in the normal performance of their job duties, or to administrators or above, excluding the employee's immediate supervisor.
E. Upon sufficient advance notice, the Employer agrees to make a reasonable effort to provide the Union with a room for grievance preparation purposes, review of personnel files, and discussion of personnel related matters. If the Union desires to review an employee=s personnel file at any such meeting, it is understood and agreed that there shall be an Employer personnel office representative present.
ARTICLE XXVIII - TRAINING
A. The Employer agrees to conduct timely training of newly appointed workers and promoted employees.
B. Time not to exceed thirty (30) minutes shall be allocated at a training session for newly promoted and newly hired employees to allow an authorized Union representative to explain the contents and benefits of a Union negotiated agreement and to discuss the benefits of Union affiliation .
C. Employees shall be made aware through a training session of the services that are available to them for alcohol, drug, gambling, and stress related problems. A county referral system shall be maintained by the Employer.
D. The parties shall abide by the Public Assistance Staff Development Program as mandated by the State of New Jersey.
E. Without altering the non-negotiable managerial prerogative of the Employer to determine the amount and timing of training requirements for employees, the Employer agrees to make its best efforts to provide the following:
Any transferee shall receive job-related training of a minimum of three (3) working days prior to the transfer. Newly promoted supervisory personnel shall receive a minimum of five (5) working days in-house management training and shall attend the Basic Management Training Course when next offered by the State of New Jersey.
ARTICLE XXIX - HEALTH AND SAFETY
Health and safety is a concern of both the Employer and the Union. The Employer and the Union mutually recognize the need for a safe and healthful work environment for all employees.
A. The Employer agrees to make every effort to ensure optimum working conditions and to provide for the highest standards of work site sanitation, ventilation, cleanliness, light, noise levels, and health safety in general. The Employer further agrees to comply with federal, state, and local health and safety laws and regulations.
B. The Employer and the Union agree to the formation of a Health and Safety Committee comprised of one (1) representative from Management, three (3) representatives from the Union, and three (3) representatives from the Communications Workers of America (CWA), AFL-CIO, Local 1086, which shall meet quarterly or as needed. The purpose of the Committee is to make recommendations to the Employer concerning the improvement or modification of working conditions which represent hazards to employees, clients, and the Employer's property.
C. Either party shall give as prompt notice as can reasonably be given to the other upon discovery of a health hazard.
D. The Employer and the Union shall communicate and exchange information regarding health and safety hazards of all employees.
E. The Employer shall make every reasonable effort not to use paints or pesticides during business hours.
ARTICLE XXX - USE OF PRIVATELY OWNED VEHICLE
The Employer can require an employee to utilize their personal automobile to conduct agency business except for client transportation and client home visits. Employees shall be reimbursed at the rate per mile authorized by the Internal Revenue Service for business usage, and for tolls and parking fees. Mileage is to calculated from the employee=s home or office, whichever is shorter. Travel time before and/or after the employee=s scheduled work time shall not be considered work time.
ARTICLE XXXI - UNION ACTIVITIES ON THE WORK SITE
A. The Union shall have the right to distribute information dealing with proper legitimate Union business to employee's desks during non-working hours (lunch, break time, and before/after work). In addition, an adequate space for a Union bulletin board at the Employer's office shall be provided in an accessible and prominent area.
B. The Union shall be allocated a reasonable space for the accumulation and use of literature and resources pertaining to Union business provided such space is available.
C. Monthly Union meetings may be held on the premises at lunch hour. Location of these meetings shall be dependent upon whatever space is available at the discretion of the Director or his/her designee. Special Union meetings may be called and may be held during the lunch hours on the premises. All meetings, whether special or monthly, held during working hours shall not be held without prior consent being given by the Director or his/her designee.
D. A Union Steward shall be authorized to attend all public Burlington County Board of Social Services meetings without loss of pay.
ARTICLE XXXII - LEAVE FOR UNION ACTIVITIES
A. Union delegates shall be afforded leave with pay to attend the following conferences, meetings, or conventions:
1. International Conventions.
2. Local 153 Shop Stewards' Conference.
3. Regional Local 153 Conference.
4. Legislative Conference.
5. Any other official Union meeting or training session which may be scheduled.
6. New Jersey State AFL-CIO Conference.
B. Written notice from the Union of the authorization of delegates to utilize such leave time shall be given to the Employer at least seventy-two (72) hours in advance of the date(s) of such absence. Notice of scheduled activities in Section A shall be filed with the Employer within three (3) working days of Union knowledge of the schedule.
C. Leave shall be granted to not more than three (3) delegates at any one (1) time who are authorized by the president of the executive committee of the Union and shall be limited to an aggregate total of fifteen (15) days of paid leave in a one (1) year period to include five (5) days of paid leave for any single conference or convention for any individual except in the case where special approval of an exception may be granted by the Employer.
D. Leave not utilized in any period shall not be accumulated except that where the Union requests in writing not less than thirty (30) days prior to the end of the calendar year, a maximum of five (5) days may be carried into the succeeding year exclusively for the annual shop stewards' seminar or for other approved special meetings.
E. In addition, leave of absence without pay shall be granted to not more than three (3) delegates at any one (1) time who are authorized by the president or executive committee of the Union and shall be limited to an aggregate total of fifteen (15) days of unpaid leave in a one (1) year period.
F. In the event of a proposed federal, state, or county takeover of the supervision or administration of the Burlington County Board of Social Services, two (2) members of the Union shall be permitted to attend any public hearings and/or meetings concerning the legislation, up to an aggregate total of ten (10) days, without loss of leave time of pay, subject to the approval of the Director.
ARTICLE XXXIII - SEPARABILITY AND SAVINGS
If any section, subsection, paragraph, sentence, clause, or phrase of this Agreement, or any application thereof to any employee or group of employees, is held to be invalid by operation of law or by a Court or other tribunal of competent jurisdiction, such provision shall be inoperative but all other provisions shall not be affected thereby and shall continue in full force and effect.
ARTICLE XXXIV - FULLY BARGAINED CLAUSE
A. This Agreement represents and incorporates the complete and final understanding and settlement by the parties of all negotiable issues which were or could have been the subject of collective negotiations. The parties acknowledge that during the negotiations that resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law in the area of collective negotiations, and that the understanding and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Employer and the Union, for the life of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to, bargain or negotiate with respect to any subject or matter referred to or covered in this Agreement, or with respect to any subject or matter not specifically referred to or covered in this Agreement, even though such subjects or matters may not have been within the knowledge or contemplation of either or both parties at the time they negotiated or signed this Agreement.
B. This Agreement shall not be modified in whole or in part by the parties except by an instrument in writing duly executed by both parties.
ARTICLE XXXV - PAST PRACTICES
The parties agree that the following list of past practices shall remain and continue:
A. Employees shall have the option to use the time clock to record time worked.
B. Employees shall have the option as to work shift and lunch shift within the area(s) of work which they are assigned to supervise, provided hours are coordinated with the specialist to guarantee work coverage. The Employer may change an employee=s work shift when it is needed to conform to the Employer=s operational needs as determined by the Employer. Any change in an employee=s work shift shall first be done on a voluntary basis, then by agency seniority; it is understood that whether or not on a voluntary basis or basis of seniority it shall be limited to the area(s) of work which they are assigned to supervise. Employees shall be given two (2) full pay periods notice prior to any work shift change.
C. Employees who are not scheduled to be working on a pay day shall receive their pay check on the day prior to pay day, if checks are available at that time.
D. Employees shall receive pay checks in the morning on a pay day, if checks are available.
E. An employee lounge shall be provided, unless such space is needed for other use outside the Employer's control and/or is needed by the Employer in the operation of the agency.
F. Bottled water shall continue to be provided by the Employer or another water source as mutually agreed upon by the Employer and the Union.
G. On site parking shall be provided at no cost to employees.
H. Employees shall continue to have universal access to telephones.
I. Employees shall be permitted to eat lunch at desk.
J. Employees shall be granted two (2) hours for annual Christmas luncheon.
K. A separate office shall be provided for each supervisor, unless such space is required for other purposes beyond the Employer's control.
L. Employees are permitted to leave work site during breaks.
M. The Employer shall provide the level of work security that the Employer deems necessary.
N. The Employer shall provide space for the soda machine and microwave oven as long as approved by the facility owner and municipal authorities.
ARTICLE XXXVI - ANNIVERSARY DATE CHANGE - EMPLOYEE IN NON-PAY STATUS
A. Except as provided in Section D below, time spent by employees in non-pay status, including suspensions, shall not be included in total time of employment when calculating eligibility for annual increments.
B. An employee's anniversary date shall be advanced by one (1) full pay period for each full pay period in non-pay status.
C. If an employee is in non-pay status on an intermittent basis during the course of a calendar year, the employee's anniversary date shall be advanced by one (1) pay period for each ten (10) working days in non-pay status.
D. A period of non-pay status due solely to a leave without pay while receiving workers' compensation benefits shall not be deducted from earned time for purposes of calculating anniversary dates.
ARTICLE XXXVII - TERM OF AGREEMENT
This Agreement shall be effective from January 1, 2004 through December 31, 2008 and from year to year thereafter unless either of the parties desires to change or terminate the same. The party desiring such change, changes, or termination shall notify the other party in writing of such desire within sixty (60) days of the expiration date of this Agreement, and after such notification, negotiations shall commence within thirty (30) days of such written requests.
APPENDIX AA@ BARGAINING UNIT TITLES AND RANGES CHART
CLASSIFICATION RANGE
Accountant 18
Assistant Chief Investigator 21
Assistant Training Supervisor 22
Human Services Specialist 4 21
Paralegal Technician I 18
Social Work Supervisor 21
Supervising Account Clerk 15
Supervising Clerk 15
Supervising Receptionist 15
Supervisor Central Mail Room 15
Supervising Telephone Operator 13
APPENDIX AB@ - EXPLANATION OF SCHEDULES
Schedule A Employees hired prior to December 31, 1997.
Schedule B Employees hired after December 31, 1997.
IN WITNESS WHEREOF, THE PARTIES HAVE ENTERED INTO THIS AGREEMENT AND CAUSED SAME TO BE EXECUTED BY ITS RESPECTIVE OFFICERS OR AGENTS ON THIS DAY OF SEPTEMBER, 2005.
BURLINGTON COUNTY BOARD OF OFFICE & PROFESSIONAL EMPLOYEES
SOCIAL SERVICES INTERNATIONAL UNION, LOCAL 153, AFL-CIO
By: _______________________________________ By: __________________________________________
Robert M. Notigan, Chairman Richard J. Lanigan, Secretary/Treasurer
By: _______________________________________ By: __________________________________________
Daniel Boas, Director John J. Hahn, Business Representative
By: _______________________________________ By:_______________________________________
Richard C. Strobel, Esq., Chief Counsel Kathleen Weisel, Chief Shop Steward
By: __________________________________________
Susan M. Marshall, Committee Member |