A G R E E M E N T
THE TOWNSHIP OF OLD BRIDGE
THE OLD BRIDGE PUBLIC WORKS & SANITATION UNION
UNITED SERVICE WORKERS UNION, I.U.J.A.T.
July 1, 2004 through June 30, 2009
TABLE OF CONTENTS
ARTICLE I RECOGNITION 3
ARTICLE II NEGOTIATION PROCEDURE 3
ARTICLE III EMPLOYEE'S RIGHTS 4
ARTICLE IV GRIEVANCE PROCEDURE 5
ARTICLE V UNION RIGHTS 8
ARTICLE VI HEALTH INSURANCE 9
ARTICLE VII SENIORITY 12
ARTICLE VIII NO STRIKE PLEDGE 13
ARTICLE IX SICK LEAVE 14
ARTICLE X BEREAVEMENT LEAVE 16
ARTICLE XI HOLIDAYS 17
ARTICLE XII CLOTHING ALLOWANCE 18
ARTICLE XIII SANITATION DEPARTMENT LIMITATIONS 18
ARTICLE XIV OPERATIONAL SAFETY 19
ARTICLE XV WORK SCHEDULES AND HOURS OF WORK
AND OVERTIME 20
ARTICLE XVI JOB CLASSIFICATIONS 22
ARTICLE XVII MAINTENANCE MECHANIC 24
ARTICLE XVIII LONGEVITY 25
TABLE OF CONTENTS
ARTICLE XIX VACATION 26
ARTICLE XX TOOL ALLOWANCE 27
ARTICLE XXI SALARY 27
ARTICLE XXII SEPARABILITY 31
ARTICLE XXIII ACCRUAL OF BENEFITS 31
DURATION OF AGREEMENT 31
This Agreement is made by and between the Township of Old Bridge, a municipal corporation of the State of New Jersey (hereinafter referred to as the Township), and the United Service Workers UNION, I.U.J.A.T. (hereinafter known as the Union)
WHEREAS, the Township and the Union recognize that it will be for the benefit of both to promote mutual understanding and foster a harmonious relationship between the parties to the end that continuous and efficient service will be rendered to and by both parties.
NOW, THEREFORE it is agreed as follows:
ARTICLE I The Township hereby recognizes the United Service Workers UNION, I.U.J.A.T. as the sole and exclusive representative of all eligible Public Works and Sanitation employees within the municipality.
ARTICLE IIThe parties agree to enter into collective negotiations over a successor agreement in accordance with Chapter 123, Public Employer-Employee Relations Law 1974, and any subsequent changes in the law governing public employees of the State of New Jersey in a good faith effort to reach agreement. Such negotiation shall begin not later than April 1st of each calendar year.
The parties mutually pledge that their representatives shall have the authority to make proposals, consider proposals, and make counter proposals in the course of negotiations. Any agreement arrived at by the negotiations representatives will be submitted to the Township Council and members of the Old Bridge Public Works and Sanitation Union, UNION, I.U.J.A.T. for ratification, decision, or vote. Any agreement of the parties shall be reduced to writing and shall become the contractual Agreement.
Negotiations will be held at times and locations convenient to both parties.
The employer shall make no changes unilaterally in any terms and conditions of employment as are bargainable under Chapter 123, Public Employer-Employee Relations Law of 1974 and case law following.
ARTICLE III A. Pursuant to Chapter 123, Public Laws 1974 of the State of New Jersey, the Township hereby agrees that all employees shall have the right freely to organize, to join and support the union and any affiliates, for the purpose of engaging in collective negotiations. As a duly selected body exercising governmental power under code of law of the State of New Jersey, the Township undertakes and agrees that it shall not directly or indirectly discourage or deprive or coerce any employee in the enjoyment of any rights conferred by Chapter 123, Public Laws 1974 of New Jersey or the Constitution of New Jersey and the United States; that it shall not discriminate against any employee with respect to hours, wages or any terms and conditions of employment by reason of his membership in the Union, his participation in any lawful activities of the Union, collective negotiations with the Township, or the institution of any grievance, complaint or proceeding under this Agreement or otherwise with respect to any terms or conditions of employment as long as this Article doesn't infringe on managerial rights.
B. No employee shall be reduced in job status or compensation, or deprived of any other employee benefit without just cause.
The Township and the Union agree that there shall be no discrimination, and that all practices, procedures, and policies of the Township shall not discriminate in the hiring training, assignment, promotion, or discipline of employees, or in the administration of this Agreement on the basis of race, creed, color, religion, sex, age, national origin, marital status or political affiliation.
ARTICLE IV A. DEFINITION
A "grievance" is a complaint about the interpretation, application, or alleged violation of policies, agreements or administrative decisions affecting any employee or group of employees.
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 affecting the welfare or terms and conditions of employment of employees.
1. Level One
An employee with a grievance should first discuss it with his immediate supervisor, either directly or through the Union's representative, with the objective of resolving the matter informally.
2. Level Two
If the aggrieved person or group is not satisfied with the disposition of the grievance at Level One, or if no answer has been rendered within three (3) days following its presentation, it shall be reduced to writing and submitted to his immediate supervisor.
3. Level Three
If no satisfactory agreement is reached within five (5) days, or if no written response has been received, the grievance shall be submitted to the appropriate Department Head.
4. Level Four
Should no acceptable agreement be reached within five (5) days of submission to the Department Head, the grievance shall be submitted to the Business Administrator or his designee (said designee shall have full power and authority to remedy said grievance). A meeting shall be conducted between the Business Administrator or his designee and the Union within ten (10) days of the receipt of the grievance. The Business Administrator or designee shall respond in writing stating the answer to the grievance(s), along with findings and reasons, ten (10) days following the conclusion of said hearing.
5. Level Five
Should no satisfactory decision be reached at Level Four, or should no response be received within the specified ten (10) days, the Union may submit the grievance to arbitration. Selection of an arbitrator shall be accomplished by utilizing the services of the New Jersey Public Employment Relations Commission (PERC). Both parties agree to grievance arbitration and, furthermore, both parties agree that the decision of the arbitrator shall be final and binding upon all parties. The cost of such arbitration, transcripts, and related expenses, exclusive of Union and Township counsel and/or consultants, shall be borne equally by the parties. The arbitrator shall not change, limit, or modify this Agreement in whole or in part.
2. All decisions rendered in the Grievance Procedure except at Level One shall be in writing, setting forth the decisions and the reason(s) therefore, and shall be submitted in accordance with Paragraph C. of this Article.
1. All grievances filed must show the signature of the Union's designated Grievance Chairperson or President except where the grievant is representing himself.
3. All hearings and meetings in this procedure shall be confidential and not conducted in public.
4. Any aggrieved person may be represented at all Levels of the Grievance Procedure by himself, or by a representative approved by the Union. Copies of any unofficial grievance submitted by an individual shall be forwarded by the Employer to the Union. When a grievant is not represented by the Union, the Union shall be present to offer its position and safeguard the integrity of the contract on all Levels of the Procedure. It shall be the responsibility of the Employer to inform the Union, in writing, in the event a grievance is filed by an individual acting without Union representation. This Agreement in no way limits the right of an individual to confer with his Employer on any matter of mutual concern. No such problem shall be remedied in such a manner as to conflict with or modify any provision of this Agreement.
5. The aggrieved will have fifteen (15) calendar days to file a grievance at Level One after a situation arises.
6. Grievance hearings will be held at times and locations convenient to both parties and if held during working hours, the employee shall suffer no loss of pay.
All reference to "days" herein shall mean working days unless otherwise noted.
A. UNION DUES DEDUCTION
1. The Township agrees to deduct from the salaries of its employees, subject to this Agreement, dues for the Old Bridge Public Works and Sanitation Union, U.S.W.A. Such deduction shall be made in compliance with Chapter 310, Public Laws of 1967, N.J.S.A. 52:14-15.9 (E), as amended. Paid money, along with any records of corrections, shall be transmitted to the Union official so designated as Secretary or Treasurer after each pay period.
2. The amount of annual dues shall be certified each year in the month of January with the appropriate Township Office. The Township agrees to adjust the amount of dues deducted from each employee, commencing with the January pay period, at the newly certified rate.
3. The Township shall be provided with the appropriate dues deduction authorization form by the Union. The Township further agrees to honor any new employee, and/or any new member upon notice as the occasion may occur. Membership lists will also be provided by Management during the month of January.
B. The union shall have reasonable use of the bulletin board located in the Employee Lounge Area.
C. The Union President shall have the option of being accompanied by an individual when asked to meet with the employer on Union business as long as work load will be covered without additional compensation. Such meetings to be held at times convenient to both parties.
D. The Township will implement a fair share representation fee equal to eighty-five percent (85%) of the Union dues, initiation fees and assessments, which shall be withheld, in accordance with the law. The Union shall indemnify the Township from all liability resulting from and/or caused by dues deduction or fair share representation fees.
A. Health Insurance
1. (a) All employees and their spouses and children shall be covered under the Horizon BCBSNJ Blue Card PPO; a prescription plan covering one hundred percent (100%); and a dental plan. Each employee shall receive a yearly highlight sheet of all health/medical benefits and the Union shall be given a complete copy of the master policy of all health/medical plans.
(b) Prescription program shall be modified to provide for $12.00 co-pay for non-generic prescriptions and a $5.00 co-pay for generic prescriptions.
(c) A Point of Service program (POS) shall be available for any employee who voluntarily decides to utilize said program.
2. Any employee shall have the option of surrendering coverage under the above-provided health and hospitalization coverage. Any employee who surrenders said coverage for 12 consecutive months shall receive a cash payment equal to half of the Township’s cost for the benefit. Said payment shall not be incorporated into the base pay, and shall not be pensionable. The employee must provide the Township with written notice of their intent prior to the commencement of the 12 month period. In order to qualify for this payment, the employee will be required to provide proof of other health insurance coverage. Payment shall be made bi-weekly during the normal pay periods of which said coverage was surrendered.
Surrender for the following year shall not be considered automatic. Conversely, every employee shall be considered as covered and shall so be covered unless and until such time as an employee shall affirmatively notify the Township to the contrary.
Any employee who had been covered and had opted out of said coverage for one (1) or more years and subsequently determines not to opt out for a future year shall be covered irrespective of any pre-existing condition.
B. Dental Insurance All employees, their spouses and children shall be covered by a Dental Plan which shall cover 80% of Class A, Class B services with a maximum of $2,500 and with a maximum of $3,000 for orthodontia. The employer shall continue to pay 100% of the cost of the premiums of such plans. The Township shall not be responsible for the $25.00 deductible of the plan. The Township will make available, at the employee’s option, an HMO Dental Plan.
C. Vision Insurance: All employees, their spouses and children shall be covered with a Vision Plan which shall provide for a $200.00 per year, per family, benefit.
D. Long Term Disability Pay
1. 1. The first forty-five (45) calendar days of absence as a result of a non-job related injury shall be borne by the employee. The employee must utilize accumulated paid leave to cover those first forty-five (45) calendar days (i.e. sick, vacation, floating holiday, etc.) The next forty-five (45) calendar days are picked up by the employer at two-thirds (2/3) the employee’s current rate of pay, less any additional monies receive from Township paid benefits or other outside work.
Effective January 1, 2008, the first sixty (60) calendar days of absence as a result of a non-job related injury shall be borne by the employee. The employee must utilize accumulated paid leave to cover those first sixty (60) calendar days (i.e. sick, vacation, floating holiday, etc.) The next thirty (30) calendar days are picked up by the employer at two-thirds (2/3) the employee’s current rate of pay, less any additional monies received from Township paid benefits or outside work.
2. Employees are required to provide verification from a health care provider for all leave provided for in this section. The Township may at any time require an employee submit to a fitness for duty exam by a Township-appointed physician for leave provided for in this section.
3. Employees hired after May 1, 2006 shall not be eligible for the 2/3 intermediate benefits as outlined above in D.1.
4. At the end of one (1) year from the date the non-job related injury was incurred, the above payments, health benefits, and employment shall terminate.
5. All benefits contained in this sub-section shall run concurrent with leave pursuant to the Family and Medical Leave Act.
6. Repeat utilization of this benefit may result in disciplinary action up to and including termination.
E. On the Job Injuries
Employees injured on the job shall continue to receive full salary and health/medical benefits as provided by this Agreement, less any worker’s compensation benefits received, for a maximum period of one (1) year.
F. Upon retirement any employee who has completed twenty--five (25) years of employment with the Township shall have the option of retaining all of the Medical insurance benefits as provided in this Article, excluding long term disability, with one hundred percent of the appropriate premium paid for by the Township.
The present practice regarding insurance for retirees shall continue. In the event the Township's insurance program is modified, the same modification shall apply to eligible participating retirees.
Upon retirement, all retirees shall sign a Coordination of Health Benefits Agreement. In the event that the retiree becomes re-employed in any capacity, where such employer provides health benefits for which the retiree is eligible, and the retiree is not required to contribute to the cost of those benefits, said re-employed retiree shall be required to obtain such coverage as their primary insurance. The Township shall maintain the coverage outlined in this Article as a secondary insured. Any retiree found in violation of this section shall be liable for all medical expenses incurred during such time of violation.
G. All employees shall sign a Coordination of Health Benefits Agreement and update said agreement information each year. In the event that the employee’s spouse is employed, or becomes employed, and where such employer provides health benefits for which the spouse is or becomes eligible, and the spouse is not required to contribute to the premiums of those benefits, said spouse shall be required to obtain such coverage as their primary health insurance. Dependents shall be primary on the plan whose birth date of the employee or the spouse comes first in the calendar year. The Township shall maintain coverage provided in the section as a secondary insured. Any employee found in violation of this section shall be liable for all medical expenses incurred during such time of violation.
ARTICLE VII A. RIGHTS OF SENIORITY
For the purpose of this Agreement seniority represents in the highest degree, the right to work, and by seniority the oldest man in point of service, ability and fitness for the job being sufficient, and is the last laid off, proceeding so on down the line to the youngest in point of service.
It is understood that any time served as employee while under a CETA grant shall count toward the accruement of seniority and all benefits if State statutes allow for same.
C. Any employee who is terminated by the Township through lay-off, or any other means, and is thereafter, within two (2) years hired by the Township or under any Federal or State grant program such as CETA, and subsequently, is rehired by the Town and returned to the regular Town payroll, shall be considered a continuous employee and shall be credited for such time spent working for the employer under the externally funded program, without loss of longevity, seniority, vacation, sick time, or other benefits, except those compensated for at the time of termination.
D. For purposes of determining length of service for benefits and seniority, part time employment shall be calculated on a pro rata basis.
A. It is recognized that the need for continued and uninterrupted operation of the Township's departments and agencies is of paramount importance to the citizens of the community, and that there should be no interference with such operation.
NO STRIKE PLEDGE
B. The Union covenants and agrees that during the term of this Agreement that neither the Union or any person acting on its behalf will cause, authorize, or support, not will any of its members take part in, (i.e., concerted failure to report for duty, or willful absence of an employee from his position or stoppage of work or abstinence in whole or in part, from the full and proper performance of the employee's duties of employment) work stoppage, slow-down or walkout against the Township.
C. The union agrees that it will do everything in its power to prevent its members form participating in any strike, work stoppage, slow-down or other activity aforementioned, including, but not limited to, publicly disavowing such action and directing all such members who participate in such activities to cease and desist from same immediately and return to work, or such other steps as may be necessary under the circumstances, and to bring about compliance with its orders.
D. In the event of a strike, slow-down or walkout, it is covenanted and agreed that participation in any such activity by the Union members shall entitle the Township to take appropriate disciplinary action, including, but not limited to, discharge in accordance with applicable law.
E. Nothing contained in the Agreement shall be construed to limit or restrict the Township in its rights to seek and obtain such judicial relief as it may be entitled to in law or in equity for injunction or damages, or both, in the event of such a breach by the Union or its members, except that, having met the expressed requirements of this Article, the Union shall in no way be held liable for any individual or concerted action taken by members of the bargaining unit.
ARTICLE IX A. Sick leave is to be considered an insurance type benefit, to be used when needed due to personal illness or physical incapacity. Sick leave may be used for illness in an employee’s immediate family, requiring the employee’s attention. Immediate family s defined as: mother, father, grandparents, husband, wife, son, daughter, and other blood relative residing in the employee’s household.
B. All employees shall be allowed fifteen (15) sick days per year. Of these fifteen sick days four (4) may be designated by the employee as personal days. Any of the four personal days not taken by the employee by the end of each calendar year shall be accrued as sick time and carried as part of the employee's sick time bank.
C. Employees hired on or before July 1, 1982 shall be paid for up to a maximum of two hundred eighty (280) days accrued sick time upon retirement. However, in no event shall said payment exceed thirty thousand ($30,000.00) dollars. Any employee who has more than thirty thousand ($30,000.00) dollars of accrued sick time on July 1, 1993 shall be "grandfathered" and the amount in effect on that date shall become the employee's cap. The Township has the option to pay for two weeks or ten working days of employees' accumulated sick time as of thirty (30) days in reserve. If the employer does not purchase the time from the employee, it will be accumulated as other sick time would be. When bought back by the Township, such days shall permanently reduce maximum payable sick time. Any purchase by the Township shall be solely with the employee's consent.
D. Employees hired after July 1, 1982 shall be paid for up to a maximum of one hundred (100) days accrued sick time. However, in no event shall said payment exceed fifteen thousand ($15,000.00) dollars. Any employee who has more than fifteen thousand ($15,000.00) dollars of accrued sick time on July 1, 1993 shall be "grandfathered" and the amount in effect on that date shall become the employee's cap. The same options for both the Township and the employee, regarding the purchase of sick time accrued, listed in Section C above shall be applicable.
E. Employees hired after July 1, 1993 shall be paid for up to a maximum of fifty (50) days accrued sick time. However, in no event shall said payment exceed seven thousand five hundred ($7,500.00) dollars. The same options for both the Township and the employee, regarding the purchase of sick time accrued, listed in Section C above shall be applicable.
F. Except as might be limited by Sections B, C, and D of this Article, all unused sick days shall be accruable and shall be paid upon retirement, layoff or disability, to the maximum stated herein. Any employee terminated for just cause shall not be entitled to this benefit. All unused sick days, up to the maximum number of applicable accrued sick time, shall be paid to the employee's beneficiary upon the death of the employee in accordance with Sections B, C, D and E above. Upon resignation, the employee shall be paid fifty percent (50%) of his/her accumulated sick days in accordance with Sections B, C, D, and E, not to exceed 50% of the caps set forth in Sections B, C, D and E. This Article in no way shall limit the total number of days accruable for use by the employee as sick leave.
G. Upon reaching forty-five (45) days of continuous absence from work for reason of illness or a non-work related disability or upon going on a non-paid leave status whichever comes first (except as required by state or federal law), an employee shall cease to accrue sick time until returning to work on a regular basis. Effective January 1, 2008, upon reaching sixty (60) days of continuous absence from work for reason of illness or a non-work related disability or upon going on a non-paid leave status whichever comes first (except as required by state or federal law), an employee shall cease to accrue sick time until returning to work on a regular basis.
Any employee who is entitled to sick time and is sick for more than three (3) consecutive days shall be required to furnish the department head with a doctor's certificate stating the nature of his illness and the expected date of his return to work.
ARTICLE X A. Five (5) days bereavement leave shall be provided to each employee without deduction of pay for each occurrence of death in the employee's or the employee's spouse's immediate family. The five (5) days shall be work days. The immediate family shall, be -defined as father, mother, stepfather, stepmother, brother, sister, stepbrother, stepsister, grandfather, grandmother, spouse, son, daughter, son-in-law, daughter-in-law, grandson, granddaughter, mother-in-law, sister-in-law, spouse's grandparents, or any other relative within the household of the employee.
B. Two (2) days bereavement leave shall be granted in the event of the death of a relative or spouse's relative outside the immediate family as defined above. Sick leave may be used if additional time is required. A relative outside the immediate family is defined as: aunt, uncle, niece, and nephew. One day leave shall be granted in the event of a death of the employee's first cousin. Such leave shall be granted up to and including the date of the funeral service. The employee's normally scheduled day off shall be included as bereavement leave in the event of a death of a relative outside the immediate family. Vacation time shall not be included as an off day and any bereavement leave shall begin within two (2) weeks of the death of the person.
Twelve (12) plus two (2) floating = fourteen (14) days as set forth below
New Year's Day 9. Veteran’s Day
Martin Luther King Day 10. Thanksgiving Day
Lincoln's Birthday 11. Day After Thanksgiving (Friday)
President’s Day 12. Christmas Day
Labor Day Two (2) Floating Holidays
Any employee working a scheduled holiday shall be paid at a rate of double time and one half.
Each employee shall receive a clothing maintenance allowance of seven hundred fifty dollars ($750.00) per year beginning on July 1, 2002 and eight hundred ($800.00) dollars per year beginning on July 1, 2003. Such allowance shall be paid during the first pay period in November.
A. Sanitation employees shall not pick up "garbage", as defined by current Township Ordinance 19.92 (A, B, C), which is not placed in a "galvanized or plastic garbage can" or "plastic bags properly tied, nor shall they pick up garbage containers in excess of "32 gallons" or "50 pounds".
SANITATION DEPARTMENT LIMITATIONS
B. Sanitation employees shall not pick up "rubbish" as defined by current Township Ordinance 19.92 (F) which is not appropriately stored, or which is not tied in bundles, or which is in excess of 50 pounds or over 5 feet in length. Such pick up shall not exceed six (6) bundles and remaining bundles shall be reported as being left by the crew unless the garbage cans or plastic bags have normal household garbage.
C. Employees shall report any excess number of large appliances or similar items that are left for pick up at a particular address over a reasonable short period of time. The Township shall investigate any such report and make every effort to remedy the problem.
D. Employees shall be responsible for returning- to any missed stops on a day's route during normal working hours.
A. No employee shall be required to operate a vehicle or piece of equipment which is deemed to be unsafe. Vehicles will comply with appropriate N.J. Division of Motor Vehicle Codes, and equipment will comply with appropriate OSHA regulations.
B. Each employee shall be provided with appropriate safety equipment and protective gear for each job assignment. The caret maintenance and return of such equipment shall be the responsibility of the employee. The employee shall also be otherwise properly attired for his job assignment.
C. Safety Committee
1. There shall be one (1) member of the Old Bridge Township municipal Safety Committee appointed by, representative of, the Public Works and Sanitation Union.
2. Meetings of the Safety Committee shall be held during working hours when possible.
3. Any employee receiving notice of any negative finding of the Safety Committee shall have the right to attach a written rebuttal and shall continue to enjoy the Steps of the Grievance Procedure.
D. Public Works employees assigned special sanitation pick-ups shall be provided with all necessary equipment and assistance. No employee shall be required to perform any special pick-up that is a threat to his health and safety.
E. Employees shall not be required to pick up, handle or otherwise work with abandoned drums, barrels or containers of any type, without certification of the handling of such barrel or container as "not hazardous" under the procedures currently followed for hazardous materials.
A. Public Works Department
WORK SCHEDULES AND HOURS OF WORK AND OVERTIME
1. Employees shall work an eight-hour day. They shall receive one and one-half (1½) times their regular rate of pay for all work performed over forty (40) paid hours.
2. Employees shall work a forty (40) hour week, excluding Saturday and Sunday. Employees shall receive one and one-half (1½) times their regular rate of pay for all work performed on a Saturday and one and one-half (1½) times their regular rate of pay for all work performed on Sunday.
B. Sanitation Department
1. Employees shall work an eight (8) hour work day. Employees shall commence work at 5:00. A.M. Furthermore, if employees are able to complete their scheduled runs in under eight (8) hours, they shall be free to go home and still receive a full eight (8) hours' pay. Refer to Article XIII, Paragraph D. They shall receive one and one-half (1½) times their regular rate of pay for all work performed over forty (40) paid hours.
2. Employees shall work a forty-eight (48) hour week, excluding Sundays. Employees shall receive two (2) times their regular rate of pay for all work performed on a Sunday.
1. Any employee who is called to work during their non--scheduled time shall receive a minimum of two (2) hours pay at time and one-half if starting their call-in assignment before 11:00 P.M. and a minimum of three (3) hours pay at time and one-half if starting their call-in assignment after 11:00 P.M. Employees called in to work on any of the holidays specified in this Agreement or on nonscheduled time on a Saturday or Sunday, shall receive a minimum of three (3) hours pay at time and one-half.
2. Said call-in overtime shall be offered on a rotating basis, according to posted seniority list within each department. In emergency situations management reserves the right to call the closest available departmental employee. A refused call will place the employee's name on the bottom of the list. An employee that accepts an overtime assignment must perform the assignment he accepts or be immediately sent home, in which event, Section C, 1 of this Article will not apply.
3. Whenever a non-working foreman is called into work, if the job requires additional personnel, the applicable department overtime list shall be utilized before the services of a second foreman are used on that particular job.
4. Once engaged, the overtime rate shall remain in effect for all continuous time, with the exception of a regularly scheduled shift that the employee has been asked to work.
5. The overtime rate for all hours worked during the twenty-four (24) hour period recognized as Thanksgiving Day, Christmas Day and New Year's Day shall be calculated at the combined rate of holiday pay plus the time and one-half overtime rate.
Employees shall be paid in accordance with the Fair Labor Standards Act for all time they are required to remain on--call.
Regularly scheduled shifts shall not be altered except
through negotiations as required by law.
8. Prospectively, all employees will either be paid or use comp their comp time within the Township’s fiscal year in which the comp time is earned. In the event said comp time is not used in the fiscal year earned it will be paid at the collective bargaining agreement rate in effect at the time the comp time is earned.
normally assigned position for more than thirty (30) continuous calendar days shall get the rate of the higher job classification from the 30th day on, as long as he continues in the higher classification. The Township has established the following job classifications:
Any employee working in a job classification above his
Building Maintenance Mechanic
B. The Township and the Union, recognizing the need for employees to have the opportunity to advance into positions requiring additional skills and greater responsibility, agree to provide the opportunity for individuals to advance through the classifications of Laborer, Driver and Operator utilizing the following guidelines:
1. Advancement from Laborer "B" to Laborer "A"
After six (6) months of employment an individual shall have his work performance reviewed by the Township and, given a satisfactory review, shall advance to the classification of Laborer "A". If given an unsatisfactory review the employee shall be so informed and given suggestions and assistance for improvement. The employee shall have his work performance reviewed again after six (6) months.
2. Advancement from Laborer to Driver
Any employee giving at least one (1) full year of service as a Laborer "A" will be eligible to advance to the classification of Driver upon determination by the Township that such a position needs to be filled. Such eligibility shall be established through a performance review made by the Township. Upon receiving a satisfactory review the individual shall be eligible for advancement. Given an unsatisfactory review the employee shall be so informed and given suggestions and assistance for improvement. All efforts shall be made to instruct Laborer "A" employees in the efficient and safe operation of the trucks they may be required to drive.
3. Advancement from Driver to Operator
Upon determination by the Township of any opening for a Operator all interested Drivers shall be given a work performance review and considered eligible for the position of Operator. A continuing effort shall be made to give each Driver training on the operation of all types of equipment. Given an unsatisfactory review the employee shall be so informed and given suggestions and assistance for improvement.
4. Custodian Advancement
After six (6) months of employment as a Custodian "C" an individual shall have his/her work performance reviewed by the Township and, given a satisfactory review, shall advance to Custodian "B". After one (1) year of service as a Custodian "B" an individual shall have his/her work performance reviewed by the Township and, given a satisfactory review, shall advance to Custodian "A". If given an unsatisfactory review at any point the employee shall be so informed and provided with suggestions and assistance for improvement.
C. An employee given an unsatisfactory review at any point in the advancement process will be given the opportunity for another performance review upon the expiration of the same time limit as was used for his initial eligibility for advancement.
D. All positions opening in the Township shall be posted on each bulletin board at least ten (10) working days prior to the closing application deadline. Notice shall include job title, job description, eligibility requirements, instructions for making application and the closing date for applications. The Union President shall also be mailed a copy of all job postings within the Township.
The Township may temporarily full the position during the posting period at the established pay rate for the job. In the event there is no established rate for a position the Township shall meet with the Union to establish a pay rate and any other terms and conditions applicable to that position.
The final decision in filling the position shall not be grievable past Level Four of the Grievance Procedure at Article IV.
The maintenance mechanic shall be covered by the call-in provisions of Article XV, Section C.
A. All employees shall receive longevity payment on the following basis. Retro-active payments to employees hired after January 1, 1994 shall only go back to January 1, 2006.
1. 5 years service.... 2.5%
2. 10 years service... 5%
3. 15 years service... 7.5%
4. 20 years service... 10%
5. 25 years service... 12.5%
6. 30 years service... 15%
NOTE: Although the contract will be amended to provide longevity to Laborers hired after July 1, 1994, this change is only retroactive back to January 1, 2006 and the employees total years service as a full-time laborer will be used to determine the longevity rate.
B. Consecutive years in service shall be computed from the date of initial full-time employment by the Township, except where service was interrupted. In such cases, consecutive years service shall be computed as follows:
1. Authorized leave of absence at employee's request from date of initial employment less time for leave of absence.
2. Disability leave not including time when the employee is utilizing their own time: The employee’s anniversary date will also be changed to reflect the time utilized for that leave.
3. Resignation and subsequent rehiring-if a person resigns and is rehired within one (1) year of his resignation, he shall be allowed to work five (5) consecutive years and then have his time bridged back to his original hiring date and all benefits and longevity pay shall be forthcoming.
4. Military Service-employment shall be considered as uninterrupted except no credit shall be allowed for service in the Armed forces.
5. Disciplinary action-no credit shall be all owed for the amount of time lost due to a disciplinary action.
C. Longevity shall be paid on a biweekly basis as part of the regular pay.
ARTICLE XIX Each full-time employee shall be entitled to vacation time each year as set forth in the following schedules:
A. All full-time employees shall be entitled to two (2) weeks after first year, three (3) weeks after five (5) years and four (4) weeks after ten (10) years.
B. Permanent, part-time employees shall receive pro rata vacation of two (2) weeks.
C. Temporary, part-time employees shall not be eligible for vacation.
D. Applicability. The foregoing schedules shall apply to all personnel covered under this section employed as of January 1 of the current year. Personnel employed between January 1 and July 31 of the current year shall be entitled to one-half (½) their regular vacation for that year. Personnel employed after July 31 of the current year shall not be eligible for an annual vacation during the current year.
E. Carrying Over of Vacation. One (1) week's vacation may be carried over into the following year with the approval of the Township Administrator.
F. Employees may take up to one (1) full week of vacation time upon short notice. Such notice must be given directly to the appropriate Department Head and can only be taken with the Department Head's approval.
G. An employee shall cease to receive additional vacation time until that employee returns to work from a leave due to reasons of illness or a non-work related disability.
ARTICLE XX A. Chief Mechanic, Recreation Mechanic, Maintenance Mechanic, Carpenter and Mechanic "B" shall each have an established tool allowance account providing $400.00 per calendar year. The tool allowance account shall be drawn upon at the discretion of each employee for the replacement of worn and/or missing tools. Tools purchased with monies from the tool allowance account shall become the property of the respective employee.
All mechanics and other maintenance employees shall be provided with the proper tools and equipment to complete the work assigned to them. Effective arrangements shall be made to provide these employees access to tools and equipment when called in outside of normal working hours.
A. All employees within the bargaining unit shall receive increases in base pay as outlined in the following three (3) schedules contained in this Article:
Employees hired before January 1, 1994
JOB TITLE 7/1/04 7/1/05 7/1/06 7/1/07 7/1/08
Laborer "B" 22.93 23.73 24.57 25.42 26.31
Driver 24.44 25.29 26.18 27.10 28.04
Equipment Operator 26.45 27.38 28.34 29.33 30.36
Sr. Equipment Operator 27.09 28.04 29.02 30.04 31.09
Mechanic "C" 26.45 27.38 28.34 29.33 30.26
Mechanic "B" 29.60 30.64 31.71 32.82 33.97
Chief Mechanic 32.38 33.51 34.69 35.90 37.16
Bldg. Maintenance Mech. 26.45 27.38 28.34 29.33 30.36
Super. of Custodian Serv. 19.79 23.73 24.56 25.42 26.31
Recreation Crew Chief 26.45 27.38 28.34 29.33 30.36
Recreation Mechanic 26.45 27.38 28.34 29.33 30.36
Custodian "A" 19.79 20.49 21.20 21.94 22.71
All employees hired after January 1, 1994 shall be placed on the following salary guide and shall remain on the new salary guide for the duration of their employment with the Township.
JOB TITLE 7/1/04 7/1/05 7/1/06 7/1/07 7/1/08
Laborer "B" 15.92 16.99 18.11 19.26 20.45
Laborer "A" 18.10 19.25 20.44 21.68 22.95
Truck Driver 20.39 21.62 22.90 24.21 25.58
Mechanic "B" 26.03 27.46 28.94 30.47 32.05
Bldg. Mechanic 23.01 24.34 25.71 27.12 28.59
New guide for employees hired after adoption of contract. There will be three steps with three years service separating each step.
July 1, 2005 – June 30, 2006
JOB TITLE HIRE MID MAX
Laborer B $14.92 $15.96 $16.99
Driver $19.55 $20.59 $21.62
Equipment $22.26 $23.30 $24.33
Mechanic C $22.26 $23.30 $24.33
Mechanic B $25.39 $26.42 $27.46
Chief Mechanic $27.37 $28.40 $29.44
Bldg. Maintenance Mech. $22.26 $23.30 $24.33
Super of Cust. Service $18.00 $19.00 $20.00
Custodian A $14.41 $15.41 $16.41
Recreation Crew Chief $22.26 $23.30 $24.33
Recreation Mechanic $22.26 $23.30 $24.33
Laborer A $17.09 $18.22 $19.25
July 1, 2006 – June 30, 2007
JOB TITLE HIRE MID MAX
Laborer B $15.96 $17.04 $18.11
Driver $20.75 $21.82 $22.90
Equipment $23.56 $24.63 $25.70
Mechanic C $23.56 $24.63 $25.70
Mechanic B $26.79 $27.87 $28.94
Chief Mechanic $28.84 $29.91 $30.98
Bldg. Maintenance Mech. $23.56 $24.63 $25.70
Super of Cust. Service $19.15 $20.18 $21.22
Custodian A $15.43 $16.47 $17.50
Recreation Crew Chief $23.56 $24.63 $25.70
Recreation Mechanic $23.56 $24.63 $25.70
Laborer A $18.20 $19.37 $20.44
July 1, 2007 – June 30, 2008
JOB TITLE HIRE MID MAX
Laborer B $17.04 $18.15 $19.26
Driver $22.00 $23.11 $24.21
Equipment $24.90 $26.01 $27.12
Mechanic C $24.90 $26.01 $27.12
Mechanic B $28.25 $29.36 $30.47
Chief Mechanic $30.37 $31.48 $32.59
Bldg. Maintenance Mech. $24.90 $26.01 $27.12
Super of Cust. Service $20.34 $21.41 $22.48
Custodian A $16.49 $17.56 $18.63
Recreation Crew Chief $24.90 $26.01 $27.12
Recreation Mechanic $24.90 $26.01 $27.12
Laborer A $19.36 $20.57 $21.68
July 1, 2008 – June 30, 2009
JOB TITLE HIRE MID MAX
Laborer B $18.15 $19.30 $20.45
Driver $23.28 $24.43 $25.58
Equipment $26.29 $27.44 $28.59
Mechanic C $26.29 $27.44 $28.59
Mechanic B $29.76 $30.90 $32.05
Chief Mechanic $31.95 $33.10 $34.24
Bldg. Maintenance Mech. $26.29 $27.44 $28.59
Super of Cust. Service $21.56 $22.67 $23.78
Custodian A $17.58 $18.69 $19.80
Recreation Crew Chief $26.29 $27.44 $28.59
Recreation Mechanic $26.29 $27.44 $28.59
Laborer A $20.55 $21.80 $22.95
If any provision of the Agreement or any application or this Agreement to any employee, member or group of employees or members, is held to be invalid by operation of law by any court or any other tribunal of competent jurisdiction, them such provision and application shall be deemed inoperative; however, all of the provisions and applications contained herein shall continue in full force and effect and shall not be affected.
Any employee absent for more than one year shall not accrue any benefits provided for under the Collective Bargaining Agreement.
ACCRUAL OF BENEFITS
This Agreement entered on this date shall be in full force and effect retroactively from July 1, 2004 and until its expiration on June 30, 2009. Negotiations for a successor Agreement shall commence no later than April 1, 2009.
DURATION OF AGREEMENT
It is understood that should a new Agreement not be settled prior to the expiration of this contract all benefits and terms contained herein shall remain in full force and effect.
For the Township: For the Union:
James T. Phillips, Mayor United Service Workers Union I.U.J.A.T.