Contract Between
Rockaway Tp-Morris
- and -
Morris Co 6 NJCSA IFPTE
* * *
01/01/2004 thru 12/31/2008


CategoryMunicipal
UnitBlue Collar

Contract Text Below






AGREEMENT

Between


TOWNSHIP OF ROCKAWAY
MORRIS COUNTY, NEW JERSEY


and


MORRIS COUNCIL VI, N.J.C.S.A.
(Blue Collar)






January 1, 2004 through December 31, 2008







BLUE – COLLAR TABLE OF CONTENTS
ARTICLE PAGE NO.

I. RECOGNITION BC-1

II. NEGOTIATION PROCEDURES BC-2

III. ASSOCIATION REPRESENTATIVES BC-4

IV. GRIEVANCE PROCEDURES BC-5

V. NO-STRIKE PLEDGE BC-8

VI. NON-DISCRIMINATION BC-10

VII. DEDUCTION FROM SALARY BC-11

VIII. MANAGEMENT RIGHTS BC-12

IX. SALARIES AND WAGES BC-13

X. EDUCATIONAL REIMBURSEMENT BC-14

XI. TRAVEL REIMBURSEMENT BC-15

XII. HOURS AND OVERTIME BC-16

XIII. HOLIDAYS AND PERSONAL DAYS BC-20

XIV. HEALTH, MEDICAL AND LIFE INSURANCE BC-21

XV. SICK LEAVE BC-24

XVI. BEREAVEMENT LEAVE BC-28

XVII. VACATION LEAVE BC-29

XVIII. UNIFORMS BC-30

XIX. FULLY BARGAINED PROVISION BC-31

XX. SEPARABILITY AND SAVINGS BC-31

XXI. CIVIL SERVICE PROVISION BC-31
XXII. DURATION OF AGREEMENT BC-32

PREAMBLE

This agreement entered into this day of ,

2004, by and between the TOWNSHIP OF ROCKAWAY, in the County of

Morris, New Jersey, a municipal corporation of the State of New Jersey,

(hereinafter called the “Township”), and Morris Council No. 6,

N.J.C.S.A., (hereinafter called the “Association”), represents the complete and

final understanding on all bargainable issues between the Township and the

Association.



ARTICLE I
RECOGNITION

The Township hereby recognizes the Association as the exclusive negotiating agent for all full-time and permanent part-time Blue Collar employees of the Township.


















BC-1


ARTICLE II

NEGOTIATION PROCEDURES


1. The parties agree to enter into collective negotiation over a successor

agreement in accordance with Chapter 303, Public Laws of 1968, in a good

faith effort to reach agreement on all matters concerning the terms and

conditions of employment for all personnel in the negotiating unit for whom

the Association is authorized to negotiate in accordance with Article I,

Recognition of this Agreement. Any agreement so negotiated shall be

applicable to the aforementioned personnel, shall be reduced to writing,

shall be adopted by appropriate resolution of the Township, and shall be

signed by the Township and the Association. The signature by the

Association of the contract shall be pursuant to authorization received

from the membership and the Township reserves the right to request proof of

authorization of the membership before appending its signature to any

agreement.

2. The Association shall submit its total contract proposals to the

Township not later than October 15th and the Township shall submit its proposals to the Association not later than December 1st of the calendar year preceding the expiration of this Agreement. Such submissions of proposals shall constitute the opening of formal negotiations. In the event proposals are not received by the Township by the aforementioned date, the then current agreement shall
continue in full force and effect until a new contract is negotiated.

The Township reserves the right to present proposals of its own as

well as counter proposals to those presented by the Association; such

proposals shall be presented to the Association in writing. BC-2

3. All meetings between the parties for the purpose of negotiations shall

be scheduled based on the availability of the parties and when the parties

mutually determine that a meeting shall be scheduled during the work day,

the employees involved shall be excused from their duties and shall suffer

no loss of pay.


4. It is agreed by and between the parties that in order to

facilitate the expeditious resolution of matter in dispute without undue

delay, each side shall normally limit its negotiating committee to not more

than (4) members but not including counsel to either party.


5. The Township agrees to furnish the Association, in response

to reasonable requests made by the Association from time to time, all

available public information and data concerning the Township which the

Association may require in connection with negotiations.


6. The parties agree that during the period of negotiations and

prior to reaching an agreement, the proceedings of the negotiations shall

remain confidential and releases to news media shall be made only as

agreed upon jointly, at least until either party declares impasse.









BC-3


ARTICLE III

ASSOCIATION REPRESENTATIVES

1. Accredited representatives of the Association may enter

the Township facilities or premises at reasonable hours for the purpose

of observing working conditions or assisting in the adjustment of

grievances. When the Association decides to have its representatives

enter the Township facilities or premises, it will request such permission

from the appropriate Township representative and such permission will

not be unreasonably withheld, provided there should be no interference with

the normal operations of the Business of Township government or normal

duties of the employees.

2. One (1) Shop Steward and one (1) Alternate Shop Steward

may be appointed to represent the Association in grievances with the Township.

3. The Shop Steward or the Alternate Shop Steward of the

Association will have the right during the business day to investigate any

problems with working conditions or contract violations and/or contract related

issues without said time being deducted from his/her working time.











BC-4



ARTICLE IV

GRIEVANCE PROCEDURE

Definitions

1. The term “grievance” means a complaint by an employee that,

as to him/her, there has been inequitable, improper, or unjust

application, interpretation, or violation of this agreement.

2. An “aggrieved person” is the person or persons making the claim.

3. A “party in interest” is the person or persons making the claim

and any person(s) who might be required to take action or against whom

action might be taken in order to resolve the claim.

4. “Employee” is defined as a full-time or permanent part-time

employee represented by the Association.


5. New Jersey Civil Service Association Morris Council No. 6

Grievance Committee is the Association’s Committee on Professional

Rights and Responsibilities.




Purpose

The purpose of this procedure is to secure, at the lowest possible

level, equitable solutions to the problems which may, from time to time, arise

effecting employees of the Township, solely restricted to the terms and

conditions of this agreement and Civil Service Rules and Regulations.

Both parties agree that these proceedings will be kept as informal and

confidential as may be appropriate at any level of the procedure.
BC-5

The procedure shall be as follows:

1. An aggrieved person shall notify the Department Head in

writing of the nature of the grievance within ten (10) days of the event

giving rise to the grievance. Within five (5) days of receipt of the notice,

the Department Head shall meet with the aggrieved person and attempt

to adjust or resolve such grievance. The Department Head shall render

his decision, in writing, within five (5) days after such meeting.

2. If the grievance is not resolved to the satisfaction of the aggrieved

person, he/she may present the grievance to the Business Administrator,

in writing, within ten (10) days after receipt of the decision of the Department

Head. The notice shall set forth the nature of the grievance and the

reasons he/she is dissatisfied with the decision of the Department Head.

In the case of disciplinary action grievances, the written notice to the Business

Administrator shall be presented within ten (10) days after receipt of the

decision of the Department Head. The Business Administrator shall arrange to

meet with the aggrieved person and attempt to adjust or resolve such

grievance. The Business Administrator shall render his decision, in writing,
within ten (10) days after such meeting.

3. If such grievance is not resolved to the satisfaction of the

aggrieved person, the Association may, within fifteen (15) days after receipt

of the Business Administrator’s decision, notify the Business Administrator,

in writing, that the Association wishes to take the matter to binding

arbitration.

BC-6



A. Within ten (10) days after service of such written notice of

submission to arbitration, the Business Administrator and the Association

shall select a mutually acceptable arbitrator according to the rules and

procedures of the New Jersey State Board of Mediation. However, no

arbitration shall commence within thirty (30) days of the Business

Administrator’s decision. If during such time the grieved elects to pursue the

Civil Service appellate remedies, the matter shall be withdrawn from arbitration

and no arbitration hearing shall be held.

B. The arbitrator selected shall hold hearings promptly and

shall issue his decision not later than twenty (20) days from the date of the

close of the hearing or, if oral hearings have been waived, then from the date

the final statements and proofs on the issues are submitted to him/her. The

arbitrator’s decision shall be in writing and shall set forth his/her findings of

fact, reasoning and conclusions on the issues submitted. The decision of the

arbitrator shall be submitted to the Business Administrator and the

Association and shall be binding on the parties.


C. All the cost of the arbitration, including the costs of services of the

arbitrator, but not including any attorney’s fees, shall be borne equally by the

Township and the Association.





BC-7

ARTICLE V

NO-STRIKE PLEDGE


1. The Association convenants and agrees that during the term of

this agreement, neither the Association nor any person acting in its behalf

will cause, authorize, or support, nor will 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, walkout or other

job action against the Township. The Association agrees that such action

would constitute a material breach of this agreement.

2. In the event of a strike, slowdown, walkout or other job action, it

is covenanted and agreed that participation in any such activity by any

Association member shall entitle the Township to invoke any of the following

alternatives:

(a) Withdrawal of dues deduction privileges.

(b) Such activity shall be deemed grounds for termination

of employment of such employee or employees, subject,

however, to the application of the Civil Service Law.


3. The Association will actively discourage and will take

whatever affirmative steps are necessary to prevent or terminate any

strike, work stoppage, slowdown, walkout or other job action against the

Township.
BC-8

4. 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 Association or its members.







































BC-9




ARTICLE VI

NON-DISCRIMINATION

1. There shall be no discrimination by the Township or the

Association against an employee on account of race, color, creed, sex, age, national origin, ancestry, marital status, handicap, political affiliation or association activity.
2. There shall be no discrimination, interference, restraint, or coercion by the Township or any of its representatives against any of the employees covered under this agreement because of his or her membership or non-membership in the Association or because of any lawful activities by such employee on behalf of the Association. The Association, its members and agents, shall not discriminate against, interfere with, restrain or coerce any employees covered under this Agreement who are not members of the Association.
















BC-10







ARTICLE VII

DEDUCTION FROM SALARY

1. The Township agrees to deduct from the salaries of its

employees subject to this Agreement dues for the Association. Such

deductions shall be made in compliance with Chapter 310, Public Laws

of 1967, N.J.S.A. (R.S.) 52:14-15.9 (e), as amended. Said monies together

with records of any corrections shall be transmitted to the Association

treasurer on the tenth (10th) working day after the last payroll paid for

the prior month.
2. If during the life of this Agreement there shall be any change

in the rate of membership dues, the Association shall furnish to the Township

written notice thirty (30) days prior to the effective date of such change.

3. The Association will provide the necessary check-off authorization

form and the Association will secure the signature of its members on the forms

and deliver the signed forms to designated Township officials. The

Association shall indemnify, defend and save the Township harmless against

any and all such claims, demands, suits or other forms of liability that may

arise out of or by reason of action taken by the Township in reliance upon

the salary deduction authorization cards submitted by the Association to

the Township.

4. The Township agrees to the continuation of a Agency Shop in

accordance with N.J.S.A. 34:13A-5.5.

BC-11



ARTICLE VIII

MANAGEMENT RIGHTS

1. The Township hereby retains and reserves unto itself, without

limitation, all powers, rights, authority, duties and responsibilities conferred

upon and vested in it prior to the signing of this Agreement by the Laws and

Constitution of the State of New Jersey and of the United States, including but

not without limiting the generality of the foregoing, the following rights:

(a) To the executive management and administrative control of the

Township government and its properties and facilities and the activities of

its employees.
(b) 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.


[c} To suspend, demote, discharge or take other disciplinary action

for good and just cause according to law.

2. Nothing contained herein shall be construed to deny or restrict

the Township of its powers, rights, authority, duties and responsibilities

under R.S. 40 and R.S. 11 or any other national, state, county, or local

laws or ordinances.

3. Management will post a notice on all municipal bulletin boards

whenever a vacancy in an existing position occurs or whenever a new position

is established. In addition, this same notification shall be forwarded to each

Shop Steward in each unit. Such notice is intended to alert employees of an

available position within the Township. BC-12

ARTICLE IX

SALARIES AND WAGES

1. There will be a 3.90% (three and nine tenths percent) across-the-board increase on base salaries, retroactive to January 1, 2004. Effective January 1, 2005, there shall be a 3.85% (three and eighty-five hundredths percent) across-the-board increase on base salaries, compounded. Effective January 1, 2006 there shall be a 3.85% (three and eight-five hundredths percent) across-the-board increase in base salaries, again compounded. Effective January 1, 2007 there shall be a 3.85% (three and eighty-five hundredths percent) across-the-board increase in base salaries, again compounded. Effective January 1, 2008 there shall be a 3.75% (three and three quarter percent) across-the-board increase in base salaries, again compounded.
      2. Any alleged salary inequities which may result from inaccurate

Civil Service job descriptions will be dealt with on an individual employee

basis through desk audits.













BC-13


ARTICLE X
EDUCATIONAL REIMBURSEMENT

The Township shall reimburse employees for educational costs provided:

1. The employee receives prior approval from the Township, which

shall not unreasonably be denied;

2. The educational course is related to the employee’s job;

3. For non-academic educational programs, the issuance of CEU’s a Certificate of Completion, or a Pass Certificate is required for Municipal Reimbursement.
    4. For college courses, an employee must receive a grade equivalent to a “B” or better.


    Reimbursement shall include tuition and ancillary costs such as

    registration fees, books and any other charges by the institution providing the

    education. Commutation, meals and other personal costs are the responsibility

    of the employee.


















    BC-14




    ARTICLE XI

    TRAVEL REIMBURSEMENT


    1. The Township shall reimburse employees for traveling costs requiring use of employee’s automobile for Township business at the rate of $0.25 per mile. Employees may use their personal automobiles only if a Township vehicle is unavailable. Mileage computation will be determined from the Municipal Building or the employee’s home, whichever is less. Receipted tolls and parking expenses shall be reimbursed.
























      BC-15




      ARTICLE XII

      HOURS AND OVERTIME
        1. The current work week of forty (40) hours shall continue

      for the life of this Agreement.(except for Animal Control Officers who shall continue to work a thirty-five (35) hour week.
          2. The current hours of Blue Collar employees shall be between
      7:00am to 3:30pm, with one-half () hour for lunch, subject to the right of the

      Administration changing these hours upon two (2) weeks notice or immediately

      in the event of an emergency. Except provided herein, the Township cannot

      unilaterally change these employees’ hours of employment without first

      fulfilling its obligation to collectively negotiate over this term and condition of

      employment.

      3. Employees who work in excess of forty (40) hours in a paid status shall receive time and one-half (1-1/2) for authorized overtime, except for Animal Control Officer, thirty-five (35) hours shall apply. Paid status for the purposes of this Contract shall include any absence from work by an employee for which the employee receives monetary compensation from the Township, as though the employee actually worked. It includes Sick, Holiday, Vacation, Bereavement, Personal or leave of absence with pay. Such overtime shall be compensated for at the rate of time and one-half (1-1/2). Any overtime worked on Sunday or holidays shall be compensated for at the rate of double time.


      BC-16
      4. An overtime hour will be determined on the basis of anything in excess of fifteen (15) minutes in one-half (1/2) hour intervals for overtime compensation.
            5. Employees who work a regular work schedule after 6:00p.m. will receive a ten percent (10%) shift differential or shall receive a scheduled adjustment mutually agreed to by the employee and employee’s Director. Any employee, who works a regular work schedule after 6:00p.m; shall do so on a voluntary basis. That is, the Director shall only assign employees that have volunteered for this work schedule.
      6. Employees covered by this agreement shall receive a minimum of four (4) hours pay at the overtime rate enumerated in #3, if called or recalled back to work, provided that the employer shall have the right to retain the employee for the minimum period.
      5. Meal money will be increased from Eight Dollars ($8.00) per
        meal to Ten Dollars ($10.00) and shall be paid to any employee working two (2) or more consecutive hours of overtime, before or after completing eight (8) consecutive hours, and once again every eight (8) consecutive hours of overtime worked thereafter. Meal money allowance shall be submitted by the Supervisor within that pay period and reimbursement is to be included in the Employee’s next regular pay schedule. The meal money increase shall be retroactive to January 1, 2004.
        8. Municipal Utility Employees shall receive three (3) hours paid overtime for Saturday and three (3) hours paid overtime for Sunday for Regular Maintenance and Inspection Duty of facilities during the duration of this agreement.

        BC-17


        A. In addition to #8 above, the Municipal Utility Employee assigned the Regular Maintenance and Inspection Duty shall receive One Hundred and Seventy Five Dollars ($175.00) Dollars, effective January 1, 2004; One Hundred Eighty Dollars ($180.00) effective January 1, 2005; One Hundred Eighty-Five Dollars ($185.00) effective January 1, 2006; One Hundred Ninety Dollars ($190.00) effective January 1, 2007; One Hundred Ninety Five Dollars ($195.00) effective January 1, 2008 for the inconvenience of being on 24-hour call.
        B. In the event the employee assigned to the Regular Maintenance and Inspection Duty is called in during the duty for emergency work, the employee shall receive a minimum of four (4) hours pay, provided the employer has the right to retain the employee for the minimum period. In the event the Regular Maintenance and Inspection Duty falls on a scheduled holiday, the employee shall receive one (1) day’s compensation.
        9. Road Division overtime shall be delegated in accordance with the employee’s seniority on a rotating basis. If an employee refuses to work, he or she shall be placed on the bottom of the seniority list. Failure to contact an employee shall not constitute refusal.
        10. The Operator of a sanding, salting or plowing vehicle shall be paid a minimum, at the rate of Senior Road Repairer. (This shall be at his/her equivalent salary level).
        11. Any employee called in for four (4) or more hours of emergency duty shall receive the overtime rate enumerated in #3 and shall be paid from the time of call out when said emergency goes thru the normal work day. Premium pay is effective until the emergency duty is complete. BC-18
        12. Any employee covered under this agreement, that is required to posses a Commercial Drivers License (CDL), shall receive two (2) hours off from work to renew the (CDL). This shall be granted without being charged time off.








































        BC-19



        ARTICLE XIII

        HOLIDAYS AND PERSONAL DAYS

        1. There shall be twelve (12) paid holidays accorded to each employee

        in this bargaining unit. The following shall be observed by the Township as

        official holidays:

        New Year’s Day Martin Luther King Day
        President’s Day Good Friday
        Memorial Day Independence Day
        Labor Day Columbus Day
        Veteran’s Day Thanksgiving Day
        Day After Thanksgiving Christmas Day

        If a holiday falls on a Saturday, it shall be observed on the preceding

        Friday.
        If a holiday falls on a Sunday, it shall be observed on the following Monday.


        2. In addition to receiving pay for the above holidays, employees shall

        be granted five (5) personal days with pay during each year of this three (3)

        year contract. Personal days may be carried over from year to year in

        accordance with the procedures established for the carry over of vacation

        time as set forth in Article XVII, Vacation.


        3. In addition to the enumerated holidays, the employees shall

        receive any special unscheduled federal, state, or local holidays declared by

        The President, the Governor or the Mayor on a one-time basis.







        BC-20


        ARTICLE XIV
        HEALTH, MEDICAL, LIFE INSURANCE, AND OTHER BENEFITS

        1.The following is a list of those health, medical, dental, vision, disability,

        prescription and life insurance benefits provided by the Township under the

        collective bargaining agreement:


        A. The Township, at its expense shall provide for all employees,
          their spouses and eligible dependents enrollment in the New Jersey State

          Health Benefits Program effective April 1, 1998, including major medical and
          Rider J coverage and the Township shall continue to provide the existing, dental, vision, disability, prescription and life insurance presently in existence. The foregoing benefits and enrollment in the NJ State Health Benefits Plan shall remain in effect without change except through written agreement of the Association.

          B. Effective the first full month following full authorization of this agreement
            by both parties, Morris Council VI members shall continue to contribute a

            co-payment of $15.00 per month, not taxable, toward the New Jersey State Health

            Benefits premium for spouse and/or dependent coverage, provided all Township

            employees covered under the same Health Benefits and receiving the same coverage,

            pay the same amount at the same date which is no less than coverage provided by

            the existing coverage. The co-pay for State Health Benefits Program (for dependent coverage only) will increase from $15.00 to $35.00 per month payroll deduction, provided it is concurrently implemented and agreed by both Morris Council VI and the FOP #31. There will be no retroactive charge to employees.
            BC-21
            2. Health benefits shall continue upon retirement and the employer will assume the entire cost, including all of the benefits referred to in this Article XIV, Section A, for retirees who meet one of the three following criteria:
              (a). One must have at least twenty-five (25) years in the State Pension

              Plan and must be at least fifty-five (55) years of age.

              (b). One must have fifteen (15) years of service with the Township of

              Rockaway and be at least sixty-two (62) years of age.

              (c). One must be retired on disability within a state administered

              pension plan or any retirement covered in Chapter 88 Laws of 1974.

              Present practices shall continue concerning the foregoing payment.

              3. A surviving spouse and/or eligible dependents, at the expense of the

              Township shall continue to receive all of the benefits referred to in this

              Article XIV if the Retired employee dies. (See attached Side Bar Agreement).

              4. Employees enrolled in the Medicare Program will be reimbursed for the cost of
              Medicare Part B, by the Township upon presentation of proof that
              such cost has been paid by the employee.

              5. Should the State of New Jersey enact into a Law an “Opt-Out”

              provision for those Municipalities Adopting a Flexible Spending Account

              Program, all Employees and Retirees will be entitled to participate in the

              Program without regard to any pre-existing conditions.

              6. The comprehensive health, medical, life insurance and other benefit

              programs currently in existence will continue without change except

              through written agreement of the Association. BC-22

              7. New Employees hired after January 1, 1999 will be required to co-pay for health benefits upon retirement if they desire continuation of such benefits at the same rate as active employees.
              8. New employees hired after December 31, 2003 shall co-pay 50% (fifty percent) for ancillary medical package (vision, prescription, dental) through payroll deduction. Administration agrees not to retroactively charge employees hired prior to the signing of this Contract. Effective at the signing of this Contract, payroll deductions for the ancillary medical benefits will commence.
              9. Effective January 1, 2005, the Prescription Plan for active employees will increase to: Mail Order = $2.00; Generic = $3.00; Brand Name = $5.00.
              10. All employees requiring prescription safety glasses shall be reimbursed up to $75.00 for said prescription upon submission of receipts, which is effective upon execution of contract.

















              BC-23


              ARTICLE XV
              SICK LEAVE

              1. Sick leave is hereby defined to mean absence from post of duty of an

              employee because of illness, accident, exposure to contagious disease,

              attendance upon a member of the employee’s immediate family seriously ill

              requiring the care or attendance of such employee. A certificate from a qualified

              physician in attendance shall be required as sufficient proof of need of leave of

              absence of the employee or the need of the employee’s attendance upon a

              member of the employee’s immediate family. In case of leave of absence due to

              contagious disease, a certificate from a qualified physician shall be required.


              2. All employees covered under this Agreement will receive one (1) day of sick leave day per month during the first calendar year of service and fifteen (15) days in the second and all subsequent years service. All unused sick leave will be accumulative for length of service.

              3. If an employee, in the line of duty, is incapacitated and unable to

              work because of an injury, he shall be entitled to injury leave with full pay

              during the period in which he is unable to perform his duties, as certified by

              the physician designated by the Township. Such payments shall be

              discontinued when an employee is placed on disability leave or pension, and

              reduced by any payment received by Workers’ Compensation.

              4. An employee who is ill for an extended period of time or is

              incapacitated and unable to work due to non-work related injury must use all

              of his accrued sick time before he is entitled to use the temporary disability
              BC-24


              insurance provided in Article XIV of this Agreement. Employees are not

              required to use up their accrued vacation days, personal days, holidays or

              other paid time off from work before they can avail themselves of this

              disability benefit.


              5. If an employee is absent for reasons that entitle him to sick leave,

              his supervisor shall be notified prior to the employee’s starting time. The

              Township shall prepare a procedure for notification that should be followed in

              the event of the non-availability of the supervisor.

              A. Failure to so notify his supervisor may be cause for denial of the use

              of sick leave for that absence and constitute cause for disciplinary action.

              B. Absence without notice for five (5) consecutive working days shall

              constitute a resignation.


              6. An employee who shall be absent on sick leave for five (5) or more

              consecutive working days shall be required to submit acceptable medical

              evidence substantiating the illness. (The Township may require proof of illness

              of an employee on sick leave. Abuse of sick leave shall be cause for

              disciplinary action).
                  A. In case of leave of absence due to exposure to contagious disease, a

              certificate from a qualified Physician shall be required.


                  B. The Township may require an employee who has been absent

              because of personal illness, as a condition of his return to duty, to be

              examined, at the expense of the Township, by a physician designated
              BC-25

              by the Township. Such examination shall establish whether the employee is

              capable of performing his normal duties and that his return will not jeopardize

              the health of other employees.

              7. Upon cessation of employment with the Township of Rockaway,

              employees with twenty-five (25) or more years of service shall receive full payment

              for all unused sick time. Any employee with less than twenty-five (25) years of
              service shall receive one-half (1/2) pay for all unused sick time. These

              provisions are subject to the limitations of Paragraph 7A herein.
                  A. Employees shall continue to be compensated for a maximum of 1,500
              hours of unused Sick Time that has been accumulated by the employee, while

              additional Sick hours may be accumulated the employee will not be compensated

              for these additional hours in accordance with Paragraph 7, above. The employee will

              be able to sell back additional hours as stated below in paragraph 8. Current

              employees with more than 1,500 hours of unused Sick Time accumulated through

              1998, will be permitted to cap their Sick Time at the level they will reach as of

              December 31, 1998.


              8. The Township agrees to continue a deferred compensation

              plan, wherein excessive sick, vacation, and/or personal time may be applied thereto

              or reimbursed to the employee. An employee may not sell back more than a total of

              twenty five (25) accumulated days per year. The total may include any combination

              of sick, vacation and/or personal time. The employee must notify the

              Business Administrator, in writing, no later than November 1st of the prior year as

              to how many days will sold back. Reimbursed time will be payable within

              ninety (90) days after the budget is adopted by the Township Council.
              BC-26

              A sick leave bank of sixty (60) days must be maintained by each employee to

              receive benefits cited above.

                    9. All new employees hired after January 1, 1999 will be allowed to accumulate Sick Time as described in Article XV. However, no payments for unused Sick Time will be paid to the employee upon resignation or retirement from employment.































              BC-27




              ARTICLE XVI

              BEREAVEMENT LEAVE


              1. Employees shall be granted four (4) days off without deduction from

              pay for a death in the immediate family.

                  2. “Immediate family” means father, mother stepfather, stepmother,

              spouse, child, foster child, stepchild, sister, brother, , mother-in-law, father-in-law, or grandparent of the employee or employee’s spouse. It shall also include relatives of the employee residing in the employee’s household.

                    3. One day shall be granted for aunts, uncles, nieces, nephews, grandchild, sister-in-law, brother-in-law or active co-worker. This one day shall not be charged to Sick Leave.

                  4. The scheduling of bereavement leave, whether before or after the day

              of the funeral, shall be made in accordance with the individual needs of the

              employee.










              BC-28



              ARTICLE XVII

              VACATION

              1. The following vacation schedule will be in effect for the length of this Agreement.
              First Year of Service
              -
              One (1) day per month of service
              One to Five Years
              -
              Twelve days per year
              Sixth Anniversary to Tenth Anniv.
              -
              Fifteen days per year
              Eleventh Anniversary
              -
              Sixteen day per year
              Twelfth Anniversary
              -
              Seventeen days per year
              Thirteenth Anniversary
              -
              Eighteen days per year
              Fourteenth Anniversary
              -
              Nineteen days per year
              Fifteenth Anniv. to Twentieth Anniv.
              -
              Twenty days per year
              Twenty-first Anniversary
              -
              Twenty-one days per year
              Twenty-second Anniversary
              -
              Twenty-two days per year
              Twenty-third Anniversary
              -
              Twenty-three days per year
              Twenty-fourth Anniversary
              -
              Twenty-four days per year
              Twenty-fifth Anniversary or greater
              -
              Maximum of Twenty-five days per year

              2. Ten (10) Vacation days per year must be used by all employees.

              Employees will be allowed to carry over a maximum of seventy-five (75) unused Vacation days from year to year. Employees with more than seventy-five (75) unused Vacation days saved through December 31, 1998 will be permitted to cap their Vacation Day levels at their 1998 levels. The sell back of Vacation days does not constitute the utilization of ten (10) vacation days per year.
                                  BC-29
              ARTICLE XVIII

              UNIFORMS



              1. Uniforms are to be supplied to all Blue Collar Employees covered by this agreement, and are subject to be replaced as needed by the Township, and maintained by the employee.
              2. The following items are to be the initial uniform for new employees supplied by the Township.
              A.
              Four (shirts (long or short sleeve)
              B.
              Four Summer shirts (long or short sleeve)
              C.
              Four Tee Shirts
              D.
              Four (4) Pants
              E.
              One (1) Jacket
              F.
              One (1) Coat
              G.
              Two (2) Coveralls
              H.
              Steel Toed Work Shoes shall be reimbursed up to One Hundred and Eighty Five Dollars ($185.00) per year, effective January 1, 2004; One Hundred Ninety Five Dollars ($195.00), effective January 1, 2005; Two Hundred Five Dollars ($205.00), effective January 1, 2006; Two Hundred Fifteen Dollars ($215.00), effective January 1, 2007; Two Hundred Twenty Five Dollars ($225.00), effective January 1, 2008.
              3. Tool Allowance – Mechanics shall receive a Three Hundred and Fifty Dollar ($350.00) per annum allowance for necessary tools. Upon submission of bill(s) by the mechanics, the Township shall make payments to the mechanic for the amount of the bill(s) up to Three Hundred and Fifty ($350.00) Dollars per year.


              BC-30




              ARTICLE XIX

              FULLY BARGAINED PROVISION

              This Agreement represents and incorporates the complete and final

              understanding and settlement by the parties on all bargainable issues which

              were or could have been the subject of negotiations. During the term of this

              Agreement, neither party will be required to negotiate with respect to any

              such matter, whether or not covered by this Agreement, and whether or not

              within the knowledge or contemplation of either or both of the parties at the

              time they negotiated or signed this Agreement.


              ARTICLE XX

              SEPARABILITY AND SAVINGS

              If any provision of this Agreement or any application of this Agreement to

              any employee or group of employees is held to be 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 XXI

              CIVIL SERVICE PROVISION

              Nothing herein shall be construed to deny any individual his rights under

              Civil Service Law and Regulation, Title 11A, and the revised Civil Service Rules,

              Title IV.
              BC-31



              ARTICLE XXII

              DURATION OF AGREEMENT

              1. The Agreement shall be for five (5) years commencing January 1, 2004

              and terminating on December 31, 2008.

              2. This Agreement shall continue in full force and effect from year to year

              thereafter, unless one party or the other gives notice, in writing, no sooner than

              one hundred fifty (150) days nor later than seventy-seven (77) days prior to the

              expiration date of this Agreement of a desire to change, modify or terminate

              this Agreement.


              IN WITNESS WHEREOF, the parties hereto have hereunto set their

              hands and seals at Rockaway, New Jersey, on the _____________ day of

              ______________________, 2001.

              TOWNSHIP OF ROCKAWAY
              MORRIS COUNTY, NEW JERSEY
              WITNESS:



              _____________________________ By:_____________________________



              MORRIS COUNCIL NO.6, N.J.C.S.A.
              (BLUE COLLAR EMPLOYEES)
              WITNESS:


              _____________________________ By:_________________________________
              Betty Lisovsky, President


              BC-32


              Rockaway Tp and Morris Co 6 NJCSA IFPTE 2004.pdf