Contract Between
Freehold Boro-Monmouth
- and -
CWA Loc 1032
* * *
01/01/2003 thru 12/31/2005


CategoryMunicipal
UnitWhite Collar

Contract Text Below


AGREEMENT

BETWEEN

THE BOROUGH OF FREEHOLD

AND

COMMUNICATION WORKERS OF AMERICA, LOCAL 1032

JANUARY 1, 2003

TO

DECEMBER 31, 2005




This Agreement, made this day of June, 2003 by and

between Freehold Borough, a Municipal Corporation of the

State of New Jersey, hereinafter referred to as “Borough”,

and Local 1032, Communications Workers of America

hereinafter referred to as the “Union”, represents the

complete and final understanding between the Borough and

the Union.


ARTICLE I

RECOGNITION OF THE UNION


The Borough recognizes the Union during the term of this

Agreement as the exclusive representative of full-time

employees and permanent part-time employees of Freehold

Borough in the following positions:

Clerk Typists Laborers

Clerk Stenographers Water Plant Operators

Tax Clerks Mechanics

Court Clerks Repairmen

Accounting Clerks Public Safety Telecommunicators

Bus Drivers Meter Readers

Library Assistants Violation Clerks

Building Maintenance Code Enforcement Officers

Workers (Fire House) Pump Station Inspector

Heavy Equipment Operators Equipment Operators

Truck Drivers Seasonal Employees

The following positions are excluded:

Police

Supervisors

Confidential Employees (i.e. those people employed in

the office of the Business Administrator and Borough

Clerk).

Employees in positions not specifically included above.

Part-time employees who work less than 20 hrs. per week

and are not in permanent budgetary positions of the

Borough.


ARTICLE II

PURPOSE OF AGREEMENT


SECTION 1: It is the intent and purpose of the parties

hereto that this Agreement covering rates of pay, hours of

work, and conditions of employment, will promote

professional and economic relations and establish a basis

for securing cooperation, harmony and goodwill between the

Borough and its employees, and the Union and its members.

SECTION 2: It is recognized that by granting the benefits

contained herein, the Borough is adding greatly to the cost

of operation and increasing the burden upon the taxpayers of

said municipality. Therefore, this Agreement is made with

the understanding that the Union and its members will

cooperate with the Borough in promoting better efficiency

and more production per manhour.

SECTION 3: In consideration of the obligations assumed by the Borough in this Agreement, the Union recognizes its responsibilities to secure and sustain maximum productivity and cooperation per employee during the term of this Agreement in order that the Borough may receive a fair return for the benefits and materials contained herein. It is further understood and agreed that the Borough will cooperate with the employees and the Union in order to assure that each of the parties hereto shall secure maximum benefits from this Agreement and engage in a period of mutual cooperation.


ARTICLE III

MANAGEMENT RIGHTS CLAUSE


It is recognized that the Borough has and will continue to retain the rights and responsibilities to direct the affairs of all the employees of the Borough of Freehold in each of the departments in all its various aspects. Among the rights retained by the Borough are its rights to direct the working forces; to plan, direct and control all the operations and services of the department; to determine the methods, means, organization and personnel by which such operations and services are to be conducted; to contract for and subcontract services; to relieve employees for legitimate reasons; to make and enforce reasonable rules and regulations; to change or eliminate existing methods, equipment, or facilities. However, the exercise of any of the above rights shall not conflict with any of the express written provisions of this Agreement and that a grievance may be filed by the Union alleging such conflict.


ARTICLE IV

WORK RULES


SECTION 1: The Borough shall establish reasonable and

necessary rules concerning work and conduct for the employees of the Borough.

SECTION 2: Unless otherwise provided in this Contract, no work rule shall be interpreted and/or applied so as to eliminate, reduce or otherwise detract from any existing employee economic benefit, without first negotiating the economic impact of the new work rules with the Union. For the purposes of this Section, an existing employee economic benefit is defined as any practice related to terms and conditions of employment that is the result of all of the following:

1. Consistent and ascertainable conduct;

2. Engaged in for at least two years;

3. Recognized by both parties;

4. Not in conflict with the expressed written terms

of this contract;

5. Which is responsive to a given set of specific

circumstances and conditions, existing prior to

January 1, 1987; and,

6. Which impacts at least three Union members.


ARTICLE V

EQUAL TREATMENT


SECTION 1: The Borough and the Union agree not to discriminate against any employee on the basis of race, color, creed, sex or national origin.

SECTION 2: The Borough and the Union agree not to interfere with the rights of employees to become or not become members of the union. Furthermore, there shall be no discrimination or coercion against any employee because of Union membership or non-membership.

SECTION 3: Employees hired prior to the effective date of this contract will be exempt from any residency requirement of the Borough.


ARTICLE VI

GRIEVANCE PROCEDURE


SECTION 1: In the operation of the various departments, it is recognized that on occasion, a complaint may arise between the Borough and the Union, or between the Borough or any one or more employees concerning interpretation, application or violation of policies, agreements and administrative decisions affecting the terms and conditions of employment of one or more employees or rights of the Union of this contract. The Borough and the Union earnestly desire that such grievances be promptly settled so that the efficiency in the department shall not be interrupted and morale of the employees shall not be impaired. Accordingly, an informal procedure for resolving grievances is outlined herein. Nothing herein contained shall be construed as limiting the right of any employee having a grievance to discuss this matter informally with an appropriate member of the departmental supervisory staff and having the grievance adjusted without the intervention of the Union.

SECTION 2 - PROCEDURE TO BE FOLLOWED: The Union and the Borough specifically agree that the grievance procedure shall be the sole and exclusive method available for adjusting employee complaints, except those complaints that are subject to Civil Service Regulations, or the Regulations of the Equal Employment Opportunity Commission. Accordingly, the Union pledges that if any dispute arises under this Agreement, it shall be settled in the manner established in this Article. Pending such a settlement, all employees shall continue to carry out their assignments as directed by the Borough and their supervisory personnel. If any employee should refuse to follow the settlement procedure herein, but rather takes some other action, except such action as is provided for in Civil Service Regulations, such other action shall constitute a violation of this Agreement and shall make the employee and all other employees participating in such violation subject to disciplinary procedures at the discretion of the Borough, and subject to the provisions of the Civil Service Regulations. Any discharge or disciplinary action by the Borough, subject to Civil Service Regulations and appeal, is not included within the scope of this grievance process. A complaint or grievance of any employee relating to condition or work, if not otherwise provided for in law, rules or regulations, shall be settled in the following manner:

STEP ONE: The aggrieved shall institute action under the provisions hereof within fourteen (14) calendar days after the event giving rise to the grievance. The action will be instituted by the grievant and/or the grievance representative submitting a signed statement setting forth, in writing, a concise factual report of the grievance. An earnest effort shall be made to settle the difference between the aggrieved employee and the Department Head at the time the grievance is filed for the purpose of resolving the matter informally. Failure to institute action within the stated fourteen (14) calendar days shall be deemed to constitute an abandonment of the grievance. The aforementioned fourteen (14) calendar day limitation may be extended upon presentation to the Borough Administrator of a physician’s certificate attesting to the incapacity of the grievant to file within the prescribed time. The Department Head supervisor shall make an effort to resolve the problem within a reasonable time, but shall render a decision, in writing, within seven (7) days after receipt of the grievance.

STEP TWO: If the grievance is not settled at the first step, the grievant may make written request for a second step meeting with the Borough Administrator within five (5) calendar days after receipt of the answer at the first step. The Borough Administrator, or his designee, shall set a meeting between the Department Head, the aggrieved employee(s) and the aggrieved’s local representative within five (5) calendar days after receiving the request or such other time as is mutually agreeable. The Borough Administrator’s answer to the second step shall be delivered, in writing, to the grievant and the Union within seven (7) calendar days after the meeting.

STEP THREE: If the aggrieved person is not satisfied with the result of the grievance on the second step, he may, within five (5) calendar days, notify the Mayor and Council that he wishes to have them rule on the aggrieved matter. A meeting between either the Mayor and Council or the Personnel Committee and the aggrieved’s local and/or outside representatives shall be set within thirty (30) days after the Mayor and Council have received the request that it rule on the matter. The Mayor and Council’s decision shall be delivered, in writing, to the grievant and the Union within seven (7) calendar days after said meeting.

STEP FOUR: Should the aggrieved person be dissatisfied with the decision of Mayor and Council, and if the grievance alleges a violation, misapplication or misinterpretation of the specific terms and conditions of this Agreement, the Union may submit, within fourteen (14) working days, the dispute to final and binding arbitration pursuant to the rules and regulations of the New Jersey State Board of Mediation. The decision of the Arbitrator shall be final and binding on all parties to the dispute. The Arbitrator shall limit his decision to the issue submitted, and he shall be without power to add to, delete from, or modify the provisions of this Agreement.

SECTION 3 - REPRESENTATION: In using the grievance procedure established herein, an employee is entitled, at each step, to be represented by the Union.

STEP 4 - TIME LIMITS: Failure by the aggrieved or the Union to forward a grievance within the specified time limits shall terminate the grievance. Failure to respond to a grievance within the specified time limits shall permit the aggrieved to advance to the next step.


ARTICLE VI(A) - GRIEVANCE PROCEDURES

MINOR DISCIPLINARY ACTIONS


SECTION 1 - GENERAL: In those cases involving disciplinary action against a member which is not appealable pursuant to Civil Service Regulations, the Union, on behalf of the affected member, may obtain the services of the New Jersey State Board of Mediation to mediate the dispute. The decision of the mediator shall not be binding upon the Borough or the affected member. This mediation service shall be provided at no direct cost to the Borough. This mediation process may only be invoked after the affected member has exhausted all local appeals provided in Civil Service Regulations and/or the Personnel Manual of the Borough of Freehold.

SECTION 2 - PURGING OF FILES: An employee may request that letters of warning be removed from his official personnel file after two (2) years and letters of reprimand be removed from his official personnel file after four (4) years. If there has been no recurrence of the intent cited in these letters or other incidents resulting in formal disciplinary action, this request will be honored by the Borough.

SECTION 3 - ACCESS TO PERSONNEL FILE: An employee has the right to review his official personnel file in the Borough provided that 24 hours notice of the time and date of this review is given. The employee may not remove items from this file without specific permission from the Borough Administrator. The employee must review his file in the Administrator’s office.


ARTICLE VII

COMPENSATION


SECTION 1: Effective with the first pay period beginning after January 1, 2003, and up to and including the last pay period for the first six month period of 2003, the salary of each employee employed by the Borough of Freehold and a member of the bargaining unit referred to herein, who is in the service of the Borough as of the date of this contract, shall receive an increase in his/her annual wage amounting to two (2) percent of his base salary paid to said employee on December 31, 2002.

SECTION 2: Effective with the first pay period beginning after July 1, 2003 and up to and including the last pay period for the year 2003, the salary of each employee employed by the Borough and a member of the bargaining unit referred to herein, who is in the service of the Borough in June, 2003, shall receive an increase in his/her annual wage amounting to one and one-half percent (1 %) of his base salary paid to said employee on June 30, 2003.

SECTION 3: Effective with the first pay period beginning after January 1, 2004 and up to and including the last pay period for the first six month period of 2004, the salary of each employee employed by the Borough and a member of the bargaining unit referred to herein, who is in the service of the Borough in December, 2003 shall receive an increase in his/her annual wage amounting to two percent (2%) of his base salary paid to said employee on December 31, 2003.

SECTION 4: Effective with the first pay period beginning after July 1, 2004 and up to and including the last pay period for the year 2004, the salary of each employee employed by the Borough and a member of the bargaining unit referred to herein, who is in service of the Borough in June, 2004 shall receive an increase in his/her annual wage amounting to one and one-half percent (1 %) of his base salary paid to said employee on June 30, 2004.

SECTION 5: Effective with the first pay period beginning after January 1, 2005, and up to and including the last pay period for the first six month period of 2005, the salary of each employee employed by the Borough and a member of the bargaining unit referred to herein, who is in the service of the Borough in December, 2004 shall receive an increase in his/her annual wage amounting to two percent (2%) of his base salary paid to said employee on December 31, 2004.

SECTION 6: Effective with the first pay period beginning after July 1, 2005 and up to and including the last pay period for the year 2005, the salary of each employee employed by the Borough and a member of the bargaining unit referred to herein, who is in the service of the Borough in June, 2005, shall receive an increase in his/her annual wage amounting to two percent (2%) of his base salary paid to said employee on June 30, 2005.

SECTION 7: Said base compensation increases shall be in addition to and exclusive of any longevity payments.

SECTION 8: Any employee who has obtained a State license or State certificate which further qualifies the employee in the performance of his/her duties, the employee shall be entitled to an additional salary increment of $300.00 per year. Said increment shall be effective for the first pay period following written verification being given to the Borough Administrator. If the increase is not effective for the first pay period of the year, then the increase shall be pro-rated from the pay period in which it becomes effective.

SECTION 9: Every member employee shall be assigned one of the Job Titles contained in Article VII-A. Each Job title, except probationary and training titles, shall have a salary range assigned to it, indicating the minimum and maximum salaries for that title. Some titles may have a salary range indicating a minimum, maximum and extended salary. A member employed as of January 1, 1998 shall advance through the salary range toward the extended salary over four years if the salary range has a 20% differential between minimum and maximum, or three years if it has a 15% differential, assuming continued satisfactory job performance and attendance. These salary adjustments will occur on the anniversary date of the employee’s permanent Civil Service appointment. Longevity and special certificate/license requirements are not included in these calculations.

A new member employed after January 1, 1998 or an existing member reclassified or promoted after January 1, 1998 will be eligible to receive only the established maximum salary for their job title and not the extended salary, it being the intention of the Borough to establish new salary ranges for these employees without penalizing those existing employees in their specific job titles as of January 1, 1998.

SECTION 10: A newly hired employee may receive an alternate salary adjustment for their first 18 months of employment if this alternate was clearly stated as a term/condition of employment.

SECTION 11 – POLICE MATRONS: Employees who have been certified to serve as police matrons shall be compensated at the annual rate of $800.00 beginning on January 1, 2003. This rate shall increase to $850.00 per year, effective January 1, 2005. Police matron duties performed during the employee’s non-working hours shall be compensated at a minimum of two (2) hour’s pay at the regular overtime rate.


ARTICLE VIIA

HOURS OF WORK


Employees with the following job titles shall work a 40-hour week:

Building Maintenance Worker Laborer

(Fire House) Public Safety Tele-

Water Meter Reader communicator

Truck Driver Water/Sewer Repairer

Omni Bus Driver Sr. Maintenance Repairer

Sr. Building Maintenance Worker Equipment Operator

Sr. Water/Sewer Repairer Sr. Meter Reader

Pump Station Operator Water Plant Operator

Sr. Water Plant Operator

Employees with the following job titles shall work a 35-hour

week:

Clerk Typist Typist/Cashier

Jr. Library Assistant Clerk Stenographer

Assistant Violations Clerk Sr. Clerk Typist

Police Records Clerk Account Clerk

Account Clerk/Cashier Computer Operator

Purchasing Assistant Sr. Clerk Stenographer

Sr. Library Assistant Assessing Clerk/Acct.

Sr. Permit Clerk/Typing Code Enforcement Officer

Principal Clerk Stenographer Sr. Tax Clerk

Dep. Court Clerk Court Administrator

Sr. Account Clerk

Senior Public Safety Telecommunicator


ARTICLE VIII

LONGEVITY PAY SCHEDULE


In recognition of the dedicated and faithful service to the Borough of Freehold, all employees will be entitled to an additional annual increment for years of service as follows:

Employee Length of Service Per Year

After three (3) years $ 575

After five (5) years 625

After ten (10) years 725

After fifteen (15) years 775

After twenty (20) years 825

After twenty-five (25) yrs. 925

Payment will be made in the last pay in November or the first pay in December.


ARTICLE IX

STAND-BY PROCEDURES


SECTION 1: Employees who are required to be in stand-by status for emergency call-in in the Water and Sewer Department shall be paid two (2) hours of straight time.

SECTION 2: Employees who are required to stand-by for emergency call-in in the Water and Sewer Department for field operations, who live in the Borough, or within one mile of the Borough boundary, may use a Borough vehicle for this stand-by assignment. Said vehicle may not be used for any personal business.

SECTION 3: Employees on stand-by for field operations shall have the use of a portable radio on the police emergency frequency during their off-duty hours of stand-by duty.


ARTICLE X

OVERTIME


SECTION 1: The Borough has the right to schedule overtime work, as required, in a manner most advantageous to the municipality and consistent with the requirements of the Borough and the public interest. During emergency conditions, employees must report to work when required by their supervisor.

SECTION 2: Overtime opportunities will be distributed as equally and practicable among employees in the same job classification and department.

SECTION 3: For those members working an eight-hour day, time and one-half of the employee’s regular rate of pay shall be paid for work under the following conditions, but compensation shall not be paid twice for the same hours.

A. Work in excess of the regular 40 hour week.

B. An employee who works on a holiday listed in

Article XI shall be paid his regular rate for the holiday, plus an additional one and one-half

(1 1/2) of the employee’s regular hourly rate of

pay for each hour worked.

C. Overtime pay to an employee who works a prescribed

work week of less than forty (40) hours shall be

computed at the regular equivalent hour rate up

to forty (40) hours, and time and one-half for

all hours worked after forty (40) hours, in a

given assigned week.

SECTION 4: Compensatory time will not be granted for any overtime work unless requested by the employee.

SECTION 5 - EMERGENCY CALL-IN COMPENSATION: In the event that an employee is required to report for emergency service, that employee will receive overtime compensation in the following manner:

A. If the emergency call-in occurs between the hours of

7:00 a.m. and 8:00 p.m., the employee shall be considered as being on duty for a minimum of two hours

from the time he clocks in. If a second emergency call-in should occur during this on-duty time, then

this employee will not receive a second guaranteed

two hours of overtime; rather, he shall receive overtime only for the actual total time required to

correct the conditions causing the two or more emergency call-ins. The employee may, at his option,

go home after correcting the condition causing the

first emergency call-in with the understanding that

if a second or third emergency call-in should occur

within this two-hour period, then he will not receive

a second two-hour overtime guarantee.

B. If the emergency call-in should occur between the hours

of 8:00 p.m. and 7:00 a.m., and the employee is able

to correct the condition causing the emergency in less

than two hours, he may clock out and return home with

the assignment being completed. If a second emergency

call-in should occur, then this call-in shall be con-

sidered a new event subject to another two hours of

guaranteed emergency overtime.

C. If the emergency call-in should occur prior to the normal start of duty or the established start of

scheduled overtime, then the employee shall receive

overtime only up to the normal starting time or start time of the scheduled overtime (for example: if the

emergency overtime call-in should occur at 6:00 a.m.

and the employee is scheduled to start work at 7:00 a.m.) then the employee receives one hour of overtime and the remainder of the required time to correct the condition causing the emergency would be at a straight time rate.

D. For those employees performing work on a scheduled overtime basis, if an emergency call-in should occur during the time of this scheduled overtime, then the guaranteed emergency call-in pay is not in effect, and

the required corrective action is made as an extension

of the scheduled overtime assignment.

E. Not withstanding any of the above, if an employee

responds to an emergency call-in, corrects the problem,

returns home, and then receives a second emergency relating to the same problem, a second guaranteed

emergency call-in time will not be provided; rather,

the second call-in will be considered as an extension

of the first emergency call-in.

SECTION 6: In the event that a Court or Violations Clerk is required to sign papers at home or after leaving duty, said Clerk will receive one (1) hour pay at his/her regular hourly pay scale if the signing occurs after working hours. If the Court or Violations Clerk is required to sign papers at Police headquarters after leaving duty, said Clerk will receive two (2) hours pay at his/her regular hourly pay scale if the signing occurs after regular working hours.

SECTION 7: In the event the Borough is closed and non-essential employees are sent home, essential employees who are required to remain at work shall receive hour-for-hour compensatory time in addition to pay for the time worked.


ARTICLE XI

HOLIDAYS


The following holidays shall be recognized and observed as paid holidays:

1. New Year’s Day

2. Martin Luther King Day

3. Washington’s Birthday

4. Lincoln’s Birthday

5. Good Friday

6. Memorial Day

7. Independence Day

8. Labor Day

9. Columbus Day

10. General Election Day

11. Veterans Day

12. Thanksgiving Day

13. Friday after Thanksgiving Day

14. Christmas Day

15. Friday following when Christmas falls

on a Thursday.

If a holiday falls during an employee’s vacation, such holiday shall not be charged against his/her vacation time. When any given holiday falls on a Sunday, same will be observed by the Borough on the Monday after. When any given holiday falls on a Saturday, same will be observed by the Borough on the Friday before.

Full time fire dispatchers will be scheduled for 14 holidays per year on a seniority basis. If their work schedule results in their reporting for work on a scheduled holiday, then the employee shall be paid holiday pay for that day, in addition to their regular pay. Water Plant Operators shall be governed by Article XXII.

If a public safety telecommunicator is required to work on a designated holiday, then he/she will receive holiday pay for that day in addition to his/her regular salary. If the holiday falls on a normal off day, then the public safety telecommunicator is entitled to an additional day off for the holiday, subject to available manpower. Time off for holidays shall be scheduled on an annual basis by the Chief, and this schedule is to be distributed to all police dispatchers. Between January 1 and March 31, on a seniority basis, a dispatcher may change the designated scheduled holidays, subject to manpower availability. After March 31, a change in the holiday schedule is on a first come, first served basis, subject again to manpower availability. Holidays that cannot be taken off due to scheduling conflicts shall be paid for by the Borough in the first pay in December.

Effective on January 1, 2004, at the end of each calendar year, the police dispatchers will be compensated at one and one-half time their actual rate of pay, pro-rated at their length of service. This compensation is in consideration for working holidays throughout the year.

ARTICLE XII


VACATIONS

SECTION 1: During the first year of service, an employee working a 7 hour or an 8 hour day shall earn one (1) working day vacation for each month of service from the date of the employee’s regular appointment, up to and including December thirty-first (31st) following such date of appointment up to a maximum of ten (10) days vacation for the calendar year.

SECTION 2: After the first year and up to and including five (5) years of employment, each employee shall have twelve (12) working days vacation.

SECTION 3: Beginning the sixth (6th) year of employment and up to and including ten (10) years of employment, such employee shall have fourteen (14) working days vacation. Those employees utilizing an approved health maintenance organization for medical insurance benefits shall have fifteen (15) working days vacation.

SECTION 4: Beginning with the eleventh (11th) year, and up to and including fifteen (15) years of employment, each employee shall have sixteen (16) working days of vacation.

SECTION 5: After fifteen (15) years and up to and including twenty (20) years of employment, each employee shall have eighteen (18) working days of vacation.

SECTION 6: After twenty (20) years of employment, each employee shall have twenty-four (24) working days of vacation.

SECTION 7: During the final year of service wherein an employee becomes eligible and actually receives retirement benefits from the Public Employees Retirement System, the employee may either take his full vacation allotment or receive compensation in lieu of this time off. If an employee should die or resign due to terminal illness, the employee will receive full vacation benefit for his/her last year.

SECTION 8: When an employee resigns in good standing, vacation allotment will be pro-rated in accordance with the actual months worked. The employee may take time off for this pro-rated allotment or receive compensation for it. If the employee had already taken vacation in excess of the pro-rated amount due to him/her, the final paycheck of the employee will be adjusted accordingly. Resignation in good standing requires two weeks’ notice.

SECTION 9: Consideration for the effective operation of the employee’s respective department determines the scheduling of and the number of employees to be absent at any one time. Employees with the greatest length of service may receive preference in scheduling of vacations.

SECTION 10: The majority of an employee’s vacation must be scheduled by May 1st of the calendar year, and each employee must take his/her vacation as scheduled, subject to reasonable alterations at the consent of the supervisor, if good cause is shown. An employee who does not submit his/her vacation request by May 1st shall have their vacation period assigned by the Department Supervisor. Annual vacation leave is not cumulative. Vacation time is to be taken during the calendar year it is accrued. However, an employee may request to carry over until March 31 of the next year up to five (5) days of vacation provided that if this vacation is not used by this date it is forfeited. Vacation carried forward shall not be credited toward vacation to be purchased by the Borough if the employee should retire pursuant to Section 7 above. If the work schedule of the Borough precludes the employee from taking this vacation, then the Borough shall purchase the vacation from the employee.

ARTICLE XIII

SICK LEAVE

SECTION 1: Sick leave with pay shall be applicable only to permanent employees in the classified Civil Service of the Borough of Freehold as set forth hereinafter.

SECTION 2: Within the first year of service, an employee working a 7 hour or an 8 hour day shall receive one (1) working day of sick leave, with pay, for each month of service from the date of his/her regular appointment up to and including December 31st following such date of appointment.

SECTION 3: After the first year of employment, each employee shall have fifteen (15) days of sick leave with pay for each calendar year. If an employee should resign or retire during the year, the employee’s sick leave allotment for this last year of service shall be prorated in accordance with the actual months worked.

SECTION 4: Sick leave not taken shall accumulate to employee’s credit from year to year, and he/she shall be entitled to such accumulated sick leave, with pay, if and when needed.

SECTION 5: When an employee retires, he/she shall be entitled to one-half (1/2) pay for accumulated sick days in an amount not to exceed $12,500. The retiring employee shall advise the Borough Clerk of the employee’s intention to retire by November 1st of the year prior to the year of retirement.

SECTION 6 - VERIFICATION OF ILLNESS: An employee who has been absent on sick leave for more than three (3) consecutive work days, or 10 days in any 12 month period, shall be required to submit a medical certificate from a physician substantiating the illness. This requirement may be waived if the illness is of a recurring nature previously attested to by a physician. If there is reasonable evidence that an employee is abusing his/her sick leave usage, the employee will be so notified of this evidence, and the Borough may require a medical certificate for all subsequent absences due to illness. If the employee takes exception to this requirement, he/she may file a grievance as provided elsewhere in this Agreement in order to substantiate the legitimacy of his/her prior sick leave usage.

SECTION 7 - NOTIFICATION OF ILLNESS: Failure to notify one’s supervisor within 60 minutes at the start of the normal work day is grounds for denial of sick leave for the work day in question. If the absence is a continuation of illness reported the previous day, then the employee must notify his/her supervisor during the work day of their continued illness and anticipated return to work date.

SECTION 8 - DEFINITIONS: For the purpose of interpretation of the contract document, sick leave is defined to be the absence from duty of an employee because of illness, accident, exposure to contagious disease, or attendance upon a member of said employee’s immediate family who is seriously ill and requires the care and attendance of said employee. A certificate of a reputable physician in attendance shall be required as sufficient proof of need of leave or leaves of absence of the employee, or the need of employee’s attendance upon a member of the employee’s immediate family. In the case of an illness of a chronic or recurring nature causing an employee’s periodic or repeated absence from duty for one day or less, only one medical certificate shall be required for every six month period as sufficient proof of need of leave of absence of the employee. However, the certificate must specify that the chronic or recurring nature of the illness is likely to cause subsequent absences from employment. In case of leave of absence due to contagious disease, a certificate from the New Jersey Dept. of Health shall be required.

ARTICLE XIV

BEREAVEMENT LEAVE



SECTION 1: For those employees working a 35 or 40 hour week, five (5) days of paid bereavement leave shall be provided for a documented death of a spouse or child (including foster or step child and common-law spouse); three (3) days of paid bereavement leave shall be provided for a documented death of father, mother, step-father, step-mother, sister, brother, mother-in-law, father-in-law, and grandparents; and one day of paid bereavement leave shall be provided for a documented death of an employee’s aunt, uncle, niece, nephew, brother-in-law, sister-in-law, grandchildren, son-in-law, and daughter-in-law. An employee may take up to two additional days of bereavement leave for these deaths with this leave charged against the employee’s sick leave.

Common law spouses and legally established guardianship of children are included in the above definitions.


ARTICLE XV

PERSONAL DAYS


SECTION 1: All employees working a 7 hour or an 8 hour day shall be granted four (4) personal days which shall not be cumulative and shall be granted at regular pay. Except in case of emergency, the request for the personal day shall be made, in writing, to the Department Head or his/her representative, five (5) days in advance and approved two (2) days in advance. The personal days must be used within the calendar year and shall not be cumulative from year to year.

SECTION 2: The personal day shall not be granted at the beginning or end of a vacation or paid holiday, except in case of emergency.


ARTICLE XVI

UNIFORMS


SECTION 1: The Borough agrees to provide Police and Fire Dispatchers up to four (4) sets of uniforms which will be replaced each year as needed. Permanent part-time Buildings and Grounds employees will receive two (2) sets. Employees agree to maintain the uniforms and keep them clean. Fire dispatchers shall be provided with parka jackets in the first year of this Agreement. The police dispatchers will receive the Borough’s uniform service when a new uniform service agreement is established sometime toward the latter part of 2004 or in the early part of 2005.

SECTION 2: The Borough agrees to provide uniforms to employees assigned to the Streets and Roads Department and Water and Sewer Department (except office employees) through a uniform service wherein the service shall supply, maintain, and clean the uniforms as needed so that an employee has a clean uniform each work day. This uniform shall include pants, long sleeve and short sleeve shirts, a mid-weight jacket, and a parka jacket.

SECTION 3: Employees working in the Streets and Roads Department, Water and Sewer Department (except office employees), and Public Buildings and Grounds Department will receive a $100.00 allowance toward the acquisition of safety shoes. Sufficient proof of purchase of the shoes must be presented to the Borough Administrator. This allowance increases to $115.00 on January 1, 2004. The allowance will be raised to $130.00 on January 1, 2005.

SECTION 4: Employees receiving uniforms and safety shoe reimbursement are required to wear these uniforms and safety shoes while on the job. Borough uniforms are not to be worn off the job except for commuting to and from home. An employee who fails to wear issued clothing and work shoes may be sent home without pay until he presents himself with the required uniform/safety shoes. Safety shoes must have steel toe/steel shank to be eligible for reimbursement.


ARTICLE XVII

NO STRIKE, ETC.


SECTION 1: It is understood that there shall be no strikes, sit-downs, slowdown, work stoppage or limitation upon activity or production during the life of this Agreement, nor shall any officer, representative or official of the Union authorize, assist, take part in, or encourage any such strikes, sit-downs, slowdown, concerted failure to report for duty, work stoppage or limitation upon production against the Borough. If any employee or group of employees, represented by the Union, should violate the intent of this paragraph, the Union through its proper officers, shall promptly notify the Borough and such employee or employees, in writing, of its disapproval of such violation.

SECTION 2: The Borough reserves the right to discipline or discharge any employee or employees who violate the provisions of this Article.

SECTION 3: Nothing contained in this Agreement shall be construed to limit or restrict the Borough 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 Union or its members.


ARTICLE XVIII

HEALTH INSURANCE


SECTION 1 - MEDICAL INSURANCE:

A. The Borough of Freehold shall provide employees and their dependents, medical insurance through the New Jersey State Health Benefits Plan or a comparable insurance plan, including approved Health Maintenance Organizations.

If the cost of this medical insurance should increase during the term of this contract, the Borough is obligated to pay for this increased cost.

Employees who elect to provide coverage for their spouse and/or dependents will have to provide the following contributions:

Year 1: $10.00 maximum per pay, or 1% of base

pay, whichever is lower.

Year 2: $12.50 per pay, or 1% of base pay,

whichever is lower.

Year 3: $15.00 per pay.

These payroll deductions will commence with the first pay in

August, 2003.

SECTION 2 - DENTAL INSURANCE: The Borough of Freehold shall provide Dental Insurance for employees and their dependents through Blue Cross Blue Shield of New jersey, Plan No. OD-96208 or a comparable insurance plan, with this insurance being a 50/50 cost sharing of approved expenditures. The cost of this insurance as of January 1, 2003:

Single Employee Coverage: $ 200.88

Family Coverage: 525.12

Husband/Wife Coverage: 341.64

Parent/Child Coverage: 341.64

If the cost of this dental insurance should increase during the term of this contract, the Borough is obligated to pay for this increased cost.

SECTION 3 - PRESCRIPTION GLASSES: All Borough employees shall, upon receipt by the Borough Administrator of satisfactory documentary evidence, be entitled to a reimbursement of up to one hundred dollars ($100.00) toward the costs incurred in connection with the acquisition of prescription eyeglasses (other than sunglasses). This benefit does not apply to families of Borough employees.

SECTION 4 - LIFE INSURANCE: The Borough is not obligated to provide any life insurance benefits other than those contained in the Public Employees Retirement System.

SECTION 5 - PRESCRIPTION DRUGS: Eligible employees may subscribe to the Prescription Drug Program provided by the New Jersey Department of the Treasury - State Health Benefits Insurance Program, or a comparable insurance plan. Any increase in premium to the Borough due to including this Prescription Drug Program, over the cost of the State Health Benefits Program without the Prescription Drug Program shall be shared 50/50 by the Borough and the affected employee.


ARTICLE XIX

SEPARABILITY AND SAVINGS


If any provision of this Agreement or any application of this Agreement, to any employee or group of employees, is held invalid by operation of law or by a Court or other tribunal 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 XX

FULLY BARGAINED PROVISIONS


SECTION 1: This Agreement represents and incorporates the complete and final understanding and settlement by the parties of 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.

SECTION 2: This Agreement shall not be modified in whole or in part by the parties except by an instrument, in writing only, executed by both parties.

SECTION 3: Negotiations shall start no later than November 15th, 2005 at the request of the Union for the successor contract.

ARTICLE XXI

REPRESENTATION FEE

SECTION 1: The Borough will deduct from each member’s paycheck the stipulated Union dues and will transmit this deduction to the Union monthly.

SECTION 2: If an employee does not become a member of the local union during any calendar year which is covered in whole or in part by this Agreement, said employee will be required to pay a representation fee to the Union for that membership year. The purpose of this fee will be to offset the employee’s per capita cost of services rendered by the Union as majority representative.

SECTION 3: Prior to the beginning of each year, the Union will notify the Borough Clerk, in writing, of the amount of the regular membership dues charged by the Union to its own members for that membership year. The representation fee to be paid by non-members shall be equal to eighty-five percent (85%) of that amount.

SECTION 4: Once during each year covered in whole or in part by this Agreement, the Union will submit to the Borough Clerk a list of those employees who have not become members of the Union for the then current membership year. The Borough will deduct from the salaries of such employees, in accordance with Section 5 below, the representation fee and promptly transmit the amount so deducted to the Union.

SECTION 5: The Borough will deduct the representation fee in equal installments, as nearly as possible, from the paycheck paid to each employee on the aforesaid list during the remainder of this membership year in question. The deductions will begin with the first paycheck paid:

a. Ten (10) days after receipt of the aforesaid

list by the Borough; or

b. Thirty (30) days after the employee begins

his or her employment in a bargaining unit

position, unless the employee previously served

in a bargaining unit position and continued in

the employment of the Borough in a non-bargaining

unit position or was on layoff, in which event

the deductions will begin with the first paycheck

paid ten (10) days after the resumption of the

employee’s employment in a bargaining unit

position, whichever is later.

SECTION 6: Except as otherwise provided in this Article, the mechanics for the deduction of representation fees and the transmission of such fees to the Union will, as nearly as possible, be the same as those used for deduction and transmission of regular membership dues to the Union.

SECTION 7: The Union will notify the Borough, in writing, of any changes in the list provided for in Paragraph 4 above, and such changes will be reflected in any deductions made more than ten (10) days after the Borough received said notice.

SECTION 8: The Union agrees to indemnify and hold the Borough harmless against any liability which may arise by reason of any action taken by the Borough in complying with the provisions of this Article, provided the Borough gives the Union timely notice, in writing, of any claim, demand, suit or other form of liability arising out of the implementation of this Article. This indemnification shall include all legal costs.

SECTION 9: The Borough will allow the Union Shop Steward to be absent without pay three (3) days per year for Union business. After using these three days, the Borough will provide the Union Shop Steward with two (2) days of paid leave for Union business.

ARTICLE XXII


WATER PLANT EMPLOYEES


SECTION 1: For Water Plant employees with an alternate 10 hour work day, the standard work week will involve eight ten-hour tours of duty in a 14 day period. Overtime will be computed for work in excess of 80 hours in a 14 day period.

SECTION 2: All leave benefits provided to 8 hour work day employees will be converted to hour equivalents and made available to Water Plant Operators to correspond to their work schedule (for example: 15 days of vacation leave equals 120 hours, equals 12 days of vacation for a 10 hour per day employee).

SECTION 3: Any operator on stand-by will receive 2 hours of regular duty pay for each night assignment.

SECTION 4: Water Plant Operators are required to work those holidays that coincide with the pre-established work schedule. If the holiday occurs on an Operator’s scheduled work day, the Operator will receive overtime pay for those hours worked and 8 hours of regular pay. If the holiday occurs on an Operator’s scheduled day off, the Operator will receive 8 hours of pay for the holiday in addition to any other hours worked in that pay period with all hours over 80 in a two-week work period being at an overtime rate.


ARTICLE XXIII

PERMANENT PART TIME EMPLOYEES LEAVE CALCULATIONS


For permanent and part-time employees who are members, vacation leave, sick leave, holidays, bereavement leave, and personal days shall be provided in accordance with the following formula:

Part-time employee hours worked per week

divided by

Full-time hours for comparable employees

equals

Percentage which is applied to the benefits

of a comparable full-time employee.


ARTICLE XXIV

EDUCATIONAL BENEFITS


POLICY:

A. The Borough of Freehold encourages employees to

receive job related training and education through

attendance at college courses, civil service programs,

seminars, and professional conferences. Leaves of

absences and/or reimbursement for educational expenses

shall be in accordance with negotiated contracts and/or

this Policy.

B. No employee should register for a course which conflicts with the employee’s working hours without

first receiving approval from his/her Department Supervisor and the Borough Administrator. Employees

may be granted an educational leave with or without

pay to pursue special job-related work or training

intended to improve his or her abilities. Such training must be of direct value to the Borough of Freehold and limited to providing knowledge of skills which cannot be provided through available in-service

training. Employees requiring special consideration

to fulfill required courses for an advanced degree should notify the Borough Administrator.

C. Prior approval from the Borough Administrator is

required for Borough financial participation to any

educational programs that are directly relevant to an

employee’s job.

D. An employee other than a sworn police officer may be

entitled to an additional salary increment of $300 per year if the employee obtains a State License or State Certification which is germane to the employee’s

performance of his/her existing duties or the Borough’s organizational requirements. Prior to

seeking the State License or Certification, the

employee should obtain the approval of the Borough

Administrator that the license/certification complies

with this requirement. The salary increment is not

available for licenses/certificates required for a

person to be eligible for the position in question

since this requirement is encompassed in the employee’s

job qualification. State licenses and certifications

obtained prior to employment with the Borough will only be eligible for the salary increment if there were a

consideration in the terms and conditions of the

employment of the particular individual. Said in-

crement shall be effective for the first pay period

of the year; the increment shall be pro-rated from

the pay period in which it becomes effective. Said

increment shall not be retroactively paid due to the

failure of any employee to request the increment and/or

supply any information required by the Administrator

to verify the receipt of the license and/or certification or its relevancy to the Borough.

ARTICLE XXV


TERM AND RENEWAL

This Agreement shall be in full force and effective as of January 1, 2003 and shall remain in effect until December 31, 2005.

IN WITNESS WHEREOF, the parties have hereunto set their hands and seals at Freehold Borough, New Jersey on this _________ day of June, 2003.

LOCAL 1032, COMMUNICATIONS BOROUGH OF FREEHOLD

WORKERS OF AMERICA

by: __________________________ by: ____________________

Jean Kaufman, Chairwoman Michael Wilson, Mayor

______________________________ ________________________

Local 1032, Communications Linda L. Cottrell,

Workers of America Borough Clerk

______________________________ __________________________

Joseph B. Bellina

Borough Administrator

______________________________

____________________________________

____________________________________

____________________________________



Freehold Boro and CWA Loc 1032 2003.pdf