A G R E E M E N T
B E T W E E N
T O W N S H I P O F H A R D Y S T O N
S U S S E X C O U N T Y, N E W J E R S E Y
A N D
H A R D Y S T O N T O W N S H I P
P B A L O C A L 3 7 4
J A N U A R Y 1, 2 0 12
T H R O U G H
D E C E M B E R 31, 2015
TABLE OF CONTENTS
|II||AGENCY SHOP|| 3|
|III||MANAGEMENT RIGHTS|| 4|
|V||COURT TIME|| 8|
|VI||MINIMUM CALL OUT|| 9|
|XI||SALARY AND WAGE SCALE||14|
|XII||CLOTHING AND MAINTENANCE||15|
|XIII||SUPERVISOR’S PAY DIFFERENTIAL||16|
|XVI||HEALTH AND WELFARE BENEFITS||18|
|XVII||WORK INCURRED INJURY||22|
|XIX||ANNUAL MEDICAL EXAMINATION||26|
|XXII||ATTENDANCE AT MEETINGS||31|
|XXIII||MAINTENANCE OF WORK OPERATIONS||32|
|XXIV||SEPARABILITY AND SAVINGS||32|
|XXVIII||FULLY BARGAINED PROVISIONS||34|
ATTACHMENT A - SALARY GUIDE
THIS AGREEMENT, entered into this 16th day of February 2010, by and between the TOWNSHIP OF HARDYSTON, a municipal body of the State of New Jersey, with offices at the Municipal building, 149 Wheatsworth Rd., Hamburg, New Jersey, 07419, hereinafter called the “Employer”, and the HARDYSTON TOWNSHIP PBA LOCAL 374, hereinafter called the “Association”, with its principal offices at Police Headquarters, 149 Wheatsworth Rd., Hamburg, New Jersey 07419.
ARTICLE I - RECOGNITIONThe Employer hereby recognizes the Association, PBA Local 374, as the exclusive representative for the purposes of collective negotiations regarding wages and conditions of employment, of Patrolmen, Sergeants, Lieutenants and Captains in the Police Department within the Township of Hardyston. Excluded from the unit are the Police Chief, Dispatchers, Special Officers and all other Township employees.
ARTICLE II – AGENCY SHOPA. Any permanent employee in the bargaining unit on the effective date of this Agreement who does not join the Association within thirty (30) days thereafter, and any new permanent employee who does not join within thirty (30) days of initial employment within the unit, and any permanent employee previously employed within the unit who does not join within ten (10) days of re-entry into employment with the unit shall pay, as a condition of employment, a representation fee to the Association by automatic payroll deduction pursuant to N.J.S.A. 34:13A-5.5. The representation fee shall be in an amount up to eighty-five percent (85%) of the regular Association membership dues, fees, and assessments as certified to the Town by the Association. The Association may revise its certification of the amount of the representation fee at any time to reflect changes in the regular Association membership dues, fees and assessments. The Association’s entitlement to the representation fee shall continue beyond the termination date of this Agreement, so long as the Association remains the majority representative of the employees in the unit; provided that no modification is made in this provision by a successor agreement between the Association and the Town.
The Association agrees that it will indemnify and save harmless the Town against any and all actions, claims, demands, losses or expenses (including reasonable attorney’s fees) in any matter resulting from action taken by the Town at the request of the Association under this Article.
For the purposes of this Article only, an employee of the Township will not be considered a permanent member of the Bargaining Unit until he/she has completed a Police Training Commission (P.T.C.) certified Police Academy training program and has been certified as a Police Officer within this State by the P.T.C.
ARTICLE III - MANAGEMENT RIGHTS
A. The Employer hereby retains and reserves unto itself, without limitation, all powers, rights, authority, duties and responsibilities conferred upon and vested in it prior to the signing of this Agreement by the Laws and Constitution of the State of New Jersey and of the United States, including, but without limiting the generality of the foregoing, the following rights:
1. The executive management and administrative control of the Township government and its properties and facilities, and the activities of its employees;
2. To hire all employees and subject to the provisions of law, to determine their qualifications and conditions of continued employment, or assignment, and to promote and transfer employees;
To suspend, demote, discharge or take other disciplinary action for good and just cause according to law;
To establish a code of rules and regulations of the Department for the operation of the Department.
The Employer shall furnish the Association with copies of all Directives, General Orders, Special Orders, Personnel Orders, Rule & Regulations, Procedures and other communications affecting wages, hours and/or other terms and conditions of employment including health benefits for employees covered by this contract within seventy-two (72) hours of their promulgation.
Nothing contained herein shall be construed to deny or restrict the Employer in its exclusive right to administer the Department and control the work of its personnel, nor to deny or restrict the Employer in any of its rights, responsibilities and authority under R. S. 40A, or any other national, state, county or local laws or ordinances.
ARTICLE IV - OVERTIME
The schedule of hours of work per day and days of work per week shall be posted by the Chief.
B(1). Officers working eight hour shifts -- For officers working eight hour shifts, any hours worked in excess of eight hours in any work day, shall be compensated at a rate of one and one-half times the employee's regular rate of pay, provided that said overtime work is authorized by the chief.
B(2). Officers Working Ten Hour Shifts – For officers working ten hour shifts, any hours worked in excess of ten hours in any work day, shall be compensated at a rate of one and one-half times the employee’s regular rate of pay, provided that said overtime work is authorized by the chief.
B(3). Officers Working Twelve Hour Shifts -- The work period for officers working twelve (12) hour shifts shall be 14 days, as permitted by 207(k) of the FLSA and each officer shall work eighty four (84) hours within the 14 day period at the regular rate. Any hours worked in excess of 84 hours in the 14 day work period shall be compensated at a rate of 1 and ½ times the employee’s regular rate of pay, provided that said overtime is authorized by the Chief of Police. Employees will be credited 96 compensatory time hours per year as compensation for the 4 extra hours worked each 14 day work period. The 96 hours of compensatory time will be scheduled as follows: Officer will be assigned months they are eligible to take days off by the Chief of Police or his/her designated representative. Time off will be scheduled in advance as six (6), twelve (12) hour shifts and 24 additional hours off to be used as comp time so long as it does not anticipate causing overtime. If the officer does not take his/her shift(s) off in the assigned month, the time will be lost unless the municipality directs that time cannot be taken as scheduled, in which case time will be rescheduled at the discretion of the Chief of Police or his/her designated representative within a 90 day period. Time cannot be carried forward and must be used by December 31 of that year.
For purposes of calculation an officer’s overtime entitlement under Paragraph B, paid time off (sick time, vacation time and personal days) shall be considered hours worked.
C. An officer at his/her discretion may elect to take accrued overtime off as “compensatory time”. Time will be calculated on an hour-by-hour basis. For example, if an officer has eight (8) hours of accrued overtime, the officer may be compensated at the rate of time and one half, or he/she may take twelve (12) hours of comp time off at another time. Compensatory time shall be taken in accordance with the following restrictions:
1. Compensatory time off must be utilized within 12 months of the date after which it has been accrued.
2. Scheduling of compensatory time off during the 12 month period is at the sole discretion of the Hardyston Township Chief of Police.
3. If the compensatory time off cannot be used within 12 months of the date after which it has been accrued because of the needs of the Township, the employee shall be allowed to carry the time over for an additional 90 day periods until used.
D. Overtime shall be computed and payment made on the following basis:
Up to the first eight (8) minutes - no pay.
Eight (8) through twenty-two minutes - 15 minutes pay.
Twenty-two (22) through thirty-seven (37) minutes - 30 minutes pay.
Thirty-eight (38) through forty-seven (47) minutes - 45 minutes pay.
Forty-seven (47) minutes through sixty (60) minutes - 1 hour pay.
A logbook will be provided at police headquarters for the purpose of logging all time worked. In the event an employee is required to work overtime, the time shall be logged and the reason for the overtime set forth. Any such excess hours shall be recorded in the logbook and initialed by either a superior officer or the desk officer and approved by the Chief of Police.
A running total of all overtime hours shall be made available to the shift commanders at all times.
The Association and the employees agree there shall be no pyramiding of overtime. There shall be no double payment of overtime rates for the same hours worked either daily or weekly.
The provisions of this Article and this Agreement shall not be construed as a guarantee of hours of work per day or per week or of days of work per week. No provision of this contract shall be deemed to be a guarantee of employment.
At the officer’s discretion, he/she will be permitted to work for another jurisdiction outside of Hardyston Township at a pay rate which is lower than that officer’s regular overtime rate. No officer shall be made to work any such detail at a lower rate of pay, but may choose to do so at his/her own discretion.
ARTICLE V - COURT TIME
Whenever any officer shall be required as part of the officer’s official duties to appear at any Municipal, County, [or] Superior Court proceeding, or in a civil action directly related to an officer’s official duties, the time during which he/she is so engaged shall be considered compensable working time.
Whenever such appearance is required outside regularly assigned duty hours, he/she shall be credited with a minimum of two (2) hours time. For officers working eight (8) hour shifts, the employee shall be compensated for such time at straight time unless he/she has worked in excess of (8) hours that day, shall be paid for at the rate of time and one-half (1 l/2). The time shall be kept to a minimum and prior authorizations shall be obtained from the Chief.
Officers working ten (10) hour shifts shall be compensated for such time at straight time unless he/she has worked in excess of (10) hours that day, shall be paid for at the rate of time and one-half (1 ½) The time shall be kept to a minimum and prior authorizations shall be obtained from the Chief.
Officers working twelve (12) hour shifts shall be compensated for court time at straight time unless he/she has worked in excess of the (84) hours within the fourteen (14) day work cycle encompassing the court time, and if such be the case, the hours in excess of the (84) hours shall be paid for at the rate of time and one half (1 ½). The time shall be kept to a minimum and prior authorization shall be obtained from the Chief.
In the event an officer is called in to duty for other than his/her scheduled assignment or on days during which he/she is not regularly scheduled for duty, he/she shall be paid no less than three (3) hours pay irrespective of whether the actual time worked is less than three hours.
ARTICLE VI - MINIMUM CALL OUT
ARTICLE VII – HOLIDAYS
The following holidays shall be recognized for all employees:
New Year’s Day Columbus Day
Lincoln’s Birthday Veteran’s Day
Washington’s Birthday Thanksgiving
Good Friday Christmas
Independence Day General Election
Memorial Day Labor Day
Employee’s Choice of his Birthday or Easter
Employees scheduled to work on a holiday shall be paid their regular rate for the holiday plus time and one-half (1.5) for all hours worked on such holiday.
Employees working eight (8) hour shifts who are scheduled off on a holiday (under the circumstances described in paragraph G below) will receive an additional eight (8) hours pay at their regular hourly pay rate. Employees working ten (10) hour shifts who are scheduled off on a holiday (under the circumstances described in paragraph G below) will receive an additional eight (8) hours pay at their regular hourly pay rate. Employees working twelve (12) hour shifts who are scheduled off on a holiday (under the circumstances described in paragraph G below) will receive an additional eight (8) hours pay at the regular hourly rate of pay.
Compensation for holidays shall be paid in current pay period in which holiday falls.
The Employer reserves the right to schedule employees to work on holidays as required.
An officer may in-lieu-of pay for holiday time not worked, choose to accept time off in an amount of hours equal to the total hours eligible for holiday pay with the following restrictions:
Time off earned in-lieu-of pay for holidays not worked must be utilized within (90) days of the date for which it was earned.
Scheduling of time off during the 90 day period that is earned in-lieu-of pay for holidays worked is at the sole discretion of the Hardyston Township Chief of Police.
G. Employees not scheduled to work on a holiday but that are called in on overtime for that holiday shall be paid their regular rate for the holiday plus time and one half (1.5) for all hours worked on said holiday. The employee shall also be credited with time off in the amount of the total hours worked on said holiday. Time off earned under this section must be utilized by the employee within ninety (90) days of date of credit earned. Scheduling of time off during the 90 day period shall be at the discretion of the Chief of Police.
If the time off can not be used within 90 days of the date it is credited because of the needs of the Township, the employee shall be paid for the credited time within the first pay period after the 90 days has expired or be allowed to carry the time over for additional 90 day periods until used.
ARTICLE VIII - VACATIONS
The vacation year shall be from January 1 to December 31 for purposes of calculating the amount of vacation with pay. In other words, an employee shall be considered to have satisfied the “Years of Cumulative Service” on January 1 of the year in which his/her anniversary falls. Only full-time (at least 40 hours per week) continuous, uninterrupted service in and for the Township of Hardyston shall be counted.
The scheduling of all vacation days is subject to the manpower needs of the Township and prior approval of the Chief of Police. The Chief may permit three (3) officers to schedule vacations at the same time, provided that said officers are not on the same shift. Any employee may use up to an aggregate total of five (5) of his/her annual vacation days in individual day segments. Six (6) days may be taken in ½ day increments rather than full day increments.
C. All vacation days shall be scheduled by the Chief of Police and shall be used within the calendar year when earned except that up to five (5) unused vacation days earned per year may be carried over to the next succeeding calendar year, and if not used in that succeeding calendar year will be lost at the conclusion of that year.
D. All full-time police captains, lieutenants, sergeants and patrolmen shall be eligible for vacation with pay as follows upon the completion of the certain number of cumulative years as follows:
Yrs Cum. Service 8 Hr Shift Employees 10 Hr. Shift Employees 12 Hr Shift Employees
| 10 8 |
| 15 12 |
| 21 17 |
| 25 20|
E. Employees hired at other than first salary step shall be credited vacation time during their first year on a pro-rated basis depending upon the month of hire. For example, an officer hired at the second salary step in the month of July would be entitled to vacation pro-rated to six months.
Employees hired at the first salary step will accumulate vacation time during their first year based upon one day per 3 months up until their one year anniversary of employment. For the balance of the calendar year following the employee’s first year anniversary of employment, vacation time shall be pro-rated to the end of the calendar year. At the end of the calendar year in which the employee’s first anniversary of employment falls, vacation time shall follow the schedule put forth in paragraph D. of Article VII.
G. A week’s vacation pay shall be the employee’s regular rate of pay time the normal hours in his straight time work week.
H. In the event an eligible employee is terminated for cause, resigns or retires prior to December 31 of the vacation year, or is laid off, he/she shall be entitled to the amount of unused but accrued vacation time on a pro-rated basis prior to his separation from employment and any additional unused days that may have been carried over from the prior year. From the foregoing shall be deducted any monies that are owed to the Township by the employee which has been certified to the Township by the chief of police.
I. In the event of the death of any full-time employee in good standing, the Township shall pay to his/her estate the full amount of any vacation, compensatory, personal or sick pay accrued but unpaid at the time of his/her death, subject to the laws of the State of New Jersey.
ARTICLE IX - PERSONAL DAYS
After one year of employment, each employee shall be entitled to one (1) personal day per year. After three (3) years of employment, each employee shall be entitled to three (3) personal days per year. After ten (10) years of employment each employee shall be entitled to four (4) personal days per year.
B. Entitlement to personal days is conditioned upon an employee making a written request at least seven (7) days in advance of the requested personal day and receiving the approval of the Chief of Police. Less than seven (7) days may be permitted for the request in cases of emergency with the approval of the Chief.
ARTICLE X - FUNERAL LEAVEA. In the event of death in the employee’s immediate family, the employee shall be granted time off without loss of pay from the day of death or the day of the funeral, but in no event shall said exceed five (5) calendar days.
The “immediate family” shall include only husband, wife, civil union partner, domestic partner, child, brother, sister, parents.
In the event of the death of the employee’s grandparents, grandchild, brother-in-law, sister-in-law, father-in-law, mother-in-law, nieces, nephews, uncles or aunts, the employee shall be granted time off without loss of pay from the day of death or the day of the funeral, but in no event shall said exceed three (3) calendar days.
D. Reasonable verification of the event may be required by the Township.
Such bereavement leave is not in addition to any holiday, day off, vacation leave or compensatory time off falling within the time of bereavement.
An employee may make a request of the Chief of Police or his/her designated representative for time off to attend a funeral separate and distinct from bereavement leave. Such request, if granted by the Chief of Police or his/her designated representative shall be charged, at the option of the employee, either as a personal day or against accumulated time off.
ARTICLE XI - SALARY AND WAGE SCALE
All employees covered by this Agreement shall be covered by the corresponding salary guide in accordance with their date of hire, included as Attachment A “Salary Guide for Officers Hired Before January 1, 2012” or Attachment B “Salary Guide for Officers Hired On or After January 1, 2012” of this Agreement.
Any police officer assigned to the Detective Bureau shall receive an additional annual sum in the amount of Two Thousand ($2,000.00) Dollars as part of his/her base annual rate of pay, while a member of the Bureau.
Base salary shall be paid on the fifteenth and thirtieth day of the month for service performed.
The Employer reserves the right to place “an experienced” new hire employee at any step on the wage scale.
It is agreed by the employer that all promotions to a higher rank shall be made pursuant to the New Jersey statutory requirements N.J.S.A. 40A:14-129 et seq.
Senior Officer Differential. The base salary for the position of Captain shall be not less than 4% more than base salary for the position of Lieutenant.
ARTICLE XII - CLOTHING AND MAINTENANCE
Commencing on the date of the signing of this Contract, all members of the Police Department shall with their own funds purchase and maintain in clean and serviceable condition such wearing apparel and equipment as prescribed by the Chief.
It will be the employee’s responsibility to purchase such uniforms.
Employees are solely responsible for the cost of cleaning uniforms.
The Township will assume the expense of uniforms brought about by change of style or color.
C. In the event that an employee’s uniform shall be destroyed in whole or in part, while he/she is in the performance of his/her duties, the destroyed uniform or portion thereof, as the case may be, will be replaced immediately by the Township and the cost thereof will not be charged to the officer. Any application for replacement under this paragraph shall be endorsed by the Chief of Police before the replacement is made; the endorsement shall not be unreasonably withheld.
D. Should an employee’s uniform be lost or destroyed due to his own negligence, the employee will be personally liable to replace the uniform.
E. The employer shall provide a bullet proof vest for each employee at the time of hire. Employer shall replace the bullet proof vests of all employees covered by this agreement in accordance with the following guidelines:
Each bullet proof vest will be replaced by the employer prior to the manufacturer’s listed expiration date.
Township will continue to replace employee’s vest for the duration of the employee’s employment with the employer.
The Association will provide the Chief of Police with a list of all officers due for vest replacement by October 1 of the preceding year. Upon review of the Chief of Police a list of replacement vests will be forwarded to the Township Manager.
The threat level or other listed rating of protection on the bullet proof vest recommended for purchase will be subject to the review of the Chief of Police or his/her designated representative prior to purchase. The Chief of Police or his/her designated representative shall not unreasonably withhold approval.
ARTICLE XIII – SUPERVISOR’S PAY DIFFERENTIALThe Chief of Police may appoint an employee to perform the duties of a higher rated position covered by this Agreement without an increase in pay for time periods up to three (3) consecutive work days. Should an employee work more than three (3) consecutive work days, then the employee shall receive the salary commensurate with that position.
Regularly scheduled time off shall not create a break in the calculation of total consecutive days worked in the higher rated position. Failure to physically work a full shift or any portion thereof as the senior officer in charge shall cause a break in the calculation of consecutive days worked. For purposes of this section, the senior officer in charge is identified as the senior officer assigned to a specific shift. Ranking officers assigned to different shifts that overlap in whole or part are not to be considered. Compensatory time off, vacation days, personal days, sick time, in-lieu of holiday days and bereavement days shall not be considered regularly scheduled time off.
It shall be the responsibility of the employee seeking supervisor’s pay to make such request to the Chief of Police and his or her Division Commander by electronic mail within the pay-period worked. Failure to make the request as prescribed shall cause the employee to forfeit any entitlement to supervisor’s pay.
ARTICLE XIV - LONGEVITY
A. The Employer agrees to pay to full time employees longevity payments upon completion of that certain number of years of cumulative service in and for the Township of Hardyston as a member of the Hardyston Police Force, as follows:
Cumulative ServiceB. Such additional compensation shall be paid in (24) equal installments commencing on their anniversary date of hire relative to the aforementioned dates of cumulative service.
C. Any interruption of service due to military service, injury in line of duty or illness or other similar reasons shall be considered as service for the Township of Hardyston Police Department for the purpose of determining the completion of cumulative periods of service with the Township.
D. For the purpose of calculating the number of years of cumulative service each employee has accumulated, only full time (at least 40 hours per week) continuous, uninterrupted service in and for the Township of Hardyston as a police officer shall be counted.
E. In the event an employee retires, dies, is terminated for cause, or resigns after said lump sum payment has accrued but prior to the payment of same, he/she shall be entitled to the amount of longevity payment accrued prior to his/her termination.
ARTICLE XV - EXPENSES
A. Employees required to use personal vehicles in the pursuit of proper and necessary Township business shall be entitled to receive gas for their vehicle in an amount sufficient to cover the miles traveled portal-to-portal.
B. Employees shall receive $5.00 as a meal allowance for breakfast, $10.00 for lunch, and $15.00 for dinner while attending police or job related training programs beyond the Township limits provided such attendance is approved by the Chief of Police. The meal allowance will be given only when the cost of the program does not include the cost of the meal.
C. Employees shall be responsible for all expenses incurred for off-duty training for firearm’s proficiency.
ARTICLE XVI - HEALTH AND WELFARE BENEFITS
A. Full-time employees are eligible for medical benefits, as presently furnished by the Employer.
B. Full-time employees are eligible for medical benefits, dental benefits and prescription benefits as presently furnished by the Employer pursuant to the North Jersey Municipal Employee Benefits Fund (hereinafter known as The Fund). Effective April 1, 2010, the prescription drug benefit shall be revised to provide for the following changes to employee co-payment responsibilities: retail prescription drug co-pays are $5.00 generic, $20.00 preferred brand and $40 non-preferred brand for 34 days or 100 units whichever is greater. Mail order prescription co-payments for up to 90 days supply are as follows: $10.00 generic, $40.00 preferred brand, $80.00 non-preferred brand.
Effective April 1, 2010, doctor visit co-pays will be $5.00/visit to $10.00 co-payment for primary doctor (PCP) visits and $20.00 for visits to specialist. In addition to co-pay changes, effective April 1, 2010, the step therapy program will be implemented and will be utilized relative to the prescription drug benefit for new prescriptions written after March 31, 2010.
The maximum medical insurance premium to be paid by the Township shall not exceed the premium of the Aetna program for the employee’s level of coverage (single, parent/child, husband/wife, family) currently offered by Fund. Employee at his/her discretion may choose to enroll in health insurance coverage offered by the North Jersey Employee Benefits Fund other than the Aetna Fund, however, employee shall be responsible in reimbursing the Township for premium amounts greater than the Aetna premium on a quarterly basis in the months of January, April, July and November.
If, for any reason, the Aetna Program ceases to be available through the Fund, the Township will provide medical insurance (health benefits) equal to or greater than those provided through the Aetna Program. The cost of the replacement medical insurance (health benefits) shall be borne by the Township.
C. Upon an employee’s termination, insurance coverage will be discontinued per the policy.
D. During any layoff, unpaid leave of absence, or any other period when the employee is not actively working and not receiving pay (with the exception of FMLA Leave, when coverage shall continue with premiums being paid on the same basis as when actively employed), the above mentioned coverage shall be made available under the provisions of COBRA, provided that during such period the employee is liable for the premium related thereto.
E. All rights, benefits, eligibility requirements, etc., shall be governed by the applicable policy of insurance.
Retiree Medical Benefits
G. Medical and Dental Benefits After Disability or Death in Line of Duty
If any employee retires because of age, length of service, or disability, he/she will have the option of continuing coverage of medical and dental insurance and prescription benefits as provided for other officers if he reimburses the Employer for premiums in advance on a quarter year basis in the months of January, April, July and November. The above is subject to such provision being permissible under the policy in effect at the time of such request.
Employees retiring after twenty five (25) years of service to the Township of Hardyston (experience credited from employment in other jurisdictions shall not apply towards the calculation of years of service to the Township) shall be entitled to continued medical, dental and prescription coverage under the Township’s insurance plans. The Township shall annually contribute to the cost of such coverages a maximum of $6906.36 plus 50% of the increase in costs for single coverage premiums for medical, prescription and dental medical coverage that have occurred after 2007 through the age of 65. Beginning with the calendar year in which the retired employee turns 61, the Township’s contribution will increase by $1000.00 annually until the retired employee turns age 65.. No health insurance premiums shall be paid by the Township beyond age 65. Retired employees may at their sole expense also apply for spousal and dependent coverage. The retired employee shall reimburse the Township for the payment of any premium in excess of the maximums stated above. Such payments shall be made by the retired employee to the Township quarterly in accordance with the following schedule, January 1st, April 1st, July 1st, October 1st.
Employees qualifying for health insurance premium payments by the Township upon retirement shall have the option of declining coverage and accepting an annual cash payment from the Township in the amount of $2,000. No cash payments in lieu of health benefits shall be paid beyond age sixty-five (65).
In order for a retired employee to receive the insurance benefits described herein, that retired employee must maintain continuous participation in the Township’s insurance plans. Once a retired employee leaves the insurance plan, that retired employee waives any future benefits under this term and the Township shall have no further obligation toward the provision of insurance benefits for that retired employee at any time in the future.
H. Each member of the Department shall be entitled to be reimbursed by the Township for the cost of prescription eyeglasses and eye examinations for himself/herself and members of his/her immediate family (spouse or children) based upon actual bills submitted by an optometrist, ophthalmologist, optician or other similar professional not exceeding in total, $500.00 for each member of the Department during each calendar year. In the event this reimbursement has not been utilized in any given year, the employee may utilize same towards a valid gym/health or fitness club membership for said employee only, however, the total cost of reimbursement for either eyeglasses, gym/health/fitness club membership or both for said employee shall not exceed $500.00/year. Should the employee chose to seek reimbursement for a gym/health/fitness club membership, he/she must present a valid receipt of payment for said membership covering a period within the year for which they are seeking reimbursement.
2. Upon an employee’s death in the line of duty, his/her spouse and dependent children shall receive continued coverage in accordance with the policy in effect at the time of the employee’s death in the line of duty, from the date of death of such employee. Notwithstanding the foregoing, continued coverage shall cease for the employee’s widow(er) immediately upon their remarriage. Coverage for the children of the employee shall cease upon the attainment of majority of an employee’s dependent children.
1. Any employee who retires due to disability incurred in the line of duty shall be covered under the policy in effect at that time for a period of six months from the date of such disability retirement.
The Township will continue to provide the level of medical insurance benefits in existence as of December 31,1996.
The Township has the right to change insurance carriers so long as substantially similar benefits are provided.
For the purposes of this Article, Retirement means retirement within the meaning of the Police and Firemen’s Retirement System.
ARTICLE XVII – WORK INCURRED INJURY
In the event an employee becomes disabled by reason of a work related injury or illness and unable to perform his/her duties, then, in addition to any sick leave benefits otherwise provided for herein, he/she may be entitled to Workmen’s Compensation.
When an employee covered under this agreement suffers an injury or illness which is compensable under the workers’ compensation laws and results in the employee’s inability to work, the employee shall be placed on an injury leave of absence, with full pay (subject to paragraph F Below), for the duration of the period for which the employee is unable to work, up to a maximum of one (1) year from the date of the onset of the injury or illness. Medical benefit continuation shall be in accordance with Article XVID.
Any employee who is injured, whether slight or severe, while working, must make an immediate report prior to the end of the shift thereof to the immediate supervisor. Failure to so report said injury may result in the failure of the employee to receive compensation under this Article.
The employee shall be required to present evidence by a certificate of a physician designated by the insurance carrier that he/she is unable to work and, the Township may reasonably require the employee to present such certificate from time to time.
If the Township does not accept the certificate of the physician designated by the insurance carrier, the Township shall have the right at its cost, to require the employee to obtain a physician examination and certification of fitness by a physician appointed by the Township.
E. In the event the Township physician certified the employee fit to return to duty, injury leave benefits granted under this Article shall be terminated. However, if the employee disputes the determination of the Township physician, then the Township and the employee shall mutually agree upon a third physician, who shall then examine the employee. The cost of the third physician shall be borne equally by the Township and the employee. The determination of the third physician as to the employee’s fitness to return to duty shall be final and binding upon the parties. In the event the third physician also certifies the employee fit to return to duty, injury leave benefits granted under this Article shall be terminated.
F. In the event any employee is granted said injury leave, the Township’s sole obligation shall be to pay the employee the difference between his/her regular pay and any compensation, disability or other payments received from other sources. At the Township’s option, the employee shall either surrender and deliver any compensation disability or other payments to the Township and receive his/her entire salary payment, or the Township shall only pay the difference.
G. If the Township can prove that an employee has abused his/her privileges under this Article, the employee will be subject to disciplinary action by the Township, up to and including termination.
ARTICLE XVIII - DISABILITY BENEFITS
Any employee who shall become disabled by reason of injury or illness other than a job related injury or illness and who is unable to perform his/her usual duty or any other duty to which the Chief may wish to assign him/her shall be entitled to collect benefits pursuant to the insurance policy in effect at the execution of this contractual Agreement. Effective January 1, 2007 the maximum monthly benefit under the Township’s disability policy shall be $5,000.00. All other requirements/ benefits of the disability policy shall remain unchanged. When an employee covered under this agreement suffers an injury or illness which is compensable under the Township’s disability policy and results in the employee’s inability to work, the employee shall be placed on a disability leave of absence for the duration of the period for which the employee is unable to work, up to a maximum of one (1) year from the date of the onset of the injury or illness. Medical benefit continuation shall be in accordance with Article XVID.
The employee shall be required to present evidence by a certificate of a physician designated by the insurance carrier that he/she is unable to perform any work and the Township may reasonably require the employee to present such certificate from time to time.
If the Township does not accept the certificate of the physician designated by the insurance carrier, the Township shall have the right at its own cost, to require the employee to undergo a physical examination and obtain a certification of fitness by a physician appointed by the Township.
to an employee because of such disability plus any other benefits except permanent disability benefits under Workmen’s Compensation Insurance, shall not exceed the employee’s base salary at the time of the injury and in the event such amount does exceed that amount, then, in that event the employee shall pay over such excess to the Employer.
Any amount of insurance proceeds payable under said policy
It is expressly understood that the employee’s benefits shall be limited so as not to exceed benefits at the present policy in effect.
It is understood that if the employee’s length of disability is under the 30 day waiting period as mandated by the current policy, no disability benefits will be received by the employee.
An employee will be required to use his accumulated sick time to account for the first 15 calendar days of the waiting period before qualifying for an additional 15 calendar days of injury disability coverage to be paid by the Township. For the purpose of this agreement, the 15 day benefit shall be one-half of the monthly benefit as provided by the terms of the disability plan in effect at the time of the injury and after having been established as a valid disability claim by the insurance company.
The Township will be responsible to pay for only one 15 day waiting period benefit in any 12 consecutive months. If the employee should apply for a subsequent disability claim within the 12 month period of the first claim, then it shall be the employee’s responsibility to use his/her accumulated sick time or any other accrued paid time off to account for the 30 day waiting period, and if he/she has no such accrued time off, then the period shall be unpaid.
ARTICLE XIX - ANNUAL MEDICAL EXAMINATION
Each employee will be given an annual medical examination to insure proper physical capabilities on the job. This medical examination will be given at Township expense by a physician or group of physicians selected by the Township and will be scheduled during the working hours of each employee. The employee and the Employer will both be entitled to receive all reports resulting from said examination.
ARTICLE XX - GRIEVANCE PROCEDURE
The purpose of this procedure is to secure, at the lowest possible level, an equitable solution to the problems which may arise affecting the terms and conditions of employment under this Agreement.
Nothing herein shall be construed as limiting the right of any employee having a grievance to discuss the matter informally with any appropriate member of the Department.
The term “grievance” as use herein means an appeal by an individual employee or the Association on behalf of an individual employee or group of employees, from the interpretation, application or violation of the terms and conditions of this Agreement.
The following constitutes the sole and exclusive method for resolving grievances between the parties covered by this Agreement, and shall be followed in its entirety unless any step is waived by mutual consent.
E. The parties direct the arbitrator to decide, as a preliminary question, whether he/she has jurisdiction to hear and decide the matter in dispute.
The aggrieved or the Association shall present the grievance to the Chief of Police under the provisions hereof within seven (7) calendar days after the event giving rise to the grievance has occurred, and an earnest effort shall be made to settle the differences between the aggrieved employee and the Chief of Police for the purpose of resolving the matter informally. Failure to act within said seven (7) calendar days shall be deemed to constitute an abandonment of the grievance.
If no agreement can be reached orally within five (5) calendar days of the submission of the Step One grievance to the Chief of Police, the employee or the Association may present the grievance in writing within seven (7) calendar days thereafter to the Chief of Police or his/her designated representative. The written grievance at this Step shall contain the relevant facts and a summary of the preceding oral discussion, the applicable Section of this contract violated, and the remedy requested by the grievance. The Chief of Police or his designated representative will answer the grievance in writing within seven (7) calendar days of receipt of the written grievance.
If the employee or Association wishes to appeal the decision of the Chief of Police, such appeal shall be presented to the Township Manager within five (5) calendar days thereafter. This presentation shall include copies of all previous correspondence relating to the matter in dispute. The Township Manager shall respond, in writing, to the grievance within fifteen (15) calendar days of the submission.
If the grievance is not settled though Steps One, Two and Three, the association shall have the right to submit the dispute to arbitration pursuant to the Rules and Regulations of the Public Employment Relations Commission. The costs for the services of the arbitrator shall be borne equally by the Township and the Association. Any other expenses, including but not limited to the presentation of witnesses shall be paid by the parties incurring same
1. The arbitrator shall be bound by the provisions of this Agreement and the Constitution and Laws of the State of New Jersey, and be restricted to the application of the facts presented to him/her involved in the grievance. The arbitrator shall not have the authority to add to, modify, detract from or alter in any way the provisions of this Agreement or any amendment or supplement thereto. The decision of the arbitrator shall be in writing with reasons therefore, final and binding.
Upon prior notice to and authorization of the Chief of Police, whose authorization shall not be unreasonably withheld, the designated Association Representatives shall be permitted as members of the Grievance Committee to confer with employees and the Township on specific grievances in accordance with the grievance procedure set forth herein during work hours of employees, without loss of pay, provided, the conduct of said business does not diminish the effectiveness of the Township of Hardyston or require the recall of off-duty employees.
The time limits expressed herein shall be strictly adhered to. If any grievance has not been initiated within the time limits specified, then the grievance shall be deemed to have been abandoned. If the grievance is not processed to the next succeeding step in the grievance procedure within the time limits prescribed thereunder, then the disposition of the grievance at the last preceding step shall be deemed to be conclusive. If a decision is not rendered within the time limits prescribed for the decision at any step in the grievance procedure, then the grievance shall be deemed to have been denied. Nothing herein shall prevent the parties from mutually agreeing to extend or contract the time limits for processing the grievance at any step in the grievance procedure.
Employees covered by this Agreement shall have the right to process their own grievance without representation, however, only the bargaining representative of the PBA on behalf of its members may force arbitration.
ARTICLE XXI - SICK LEAVE
Sick leave is hereby defined to mean absence from post or duty by an employee by reason of personal illness/medical emergency or an illness/medical emergency of a spouse, child, parent, civil union partner and/or domestic partner.
B. An employee if absent for reasons that entitle him/her to sick leave shall notify his/her supervisor promptly, but not later than two (2) hours before the employee’s usual reporting time, except in emergency circumstances. Failure to give such notice may be cause for denial of the use of sick leave for the shift involved and may constitute cause for disciplinary action. Absence for five (5) consecutive days without notice shall constitute a resignation on the employee’s behalf.
A certificate of a physician in attendance shall be required as proof of need of the employee’s leave after three (3) consecutive days sick leave. A certificate of a physician in attendance shall also be required as proof of the need of the employee’s leave after (10) days leave in one (1) calendar year consisting of periods of less than five (5) days, unless such illness is of a chronic or recurring nature requiring recurring absences of one (1) day or less in which case only one (1) certificate shall be necessary for a period of six (6) months. The Township in any event may require proof of illness of an employee on sick leave, whenever such requirement appears reasonable.
In cases of leave of absence ordered by the Township Health Department due to exposure to contagious disease, a certificate from the Department of Health shall be required before the employee may return to work and time lost will not apply to sick leave time or any loss of pay.
Sick leave may be advanced with the permission of the Chief which shall not be unreasonably withheld. The below-defined allowance shall not be allowed until the month has gone by; that is credit for January is not available until February 1.
Sick leave will not be allowed on an hourly basis. Employees working eight (8) hour shifts requesting sick leave for purposes herein stated will be charged one-half (1/2) day off for absences of less than four (4) hours and will be charged one (1) day absences of over four (4) hours sick leave. Employees working ten (10) hour shifts requesting sick leave for purposes herein stated will be charged one-half (1/2) day off for absences of less than five (5) hours and will be charged one (1) day absences of over five (5) hours sick leave. Employees working twelve (12) hour shifts will be charged one half (1/2) day for absences of less than six (6) hours and will be charged one (1) day for absences of over six (6) hours sick leave.
G. The recommendation of the Township’s Medical Physician as well as those of the attending physician, as to the justification for the absence from duty on account of disability or illness or of the fitness of the employee to return to duty shall be considered by the Chief of Police.
Sick leave shall not be allowed for such things as ordinary dental care, nor for any other professional services that may be normally scheduled within the employees’ regular time off. The utilization of sick leave for elective medical procedures will not be considered without sufficient medical evidence to substantiate the necessity of scheduling the medical or dental services during the work day.
All employees shall be granted twelve (12) sick days with pay per calendar year.
Unused sick days may be accumulated from year to year, and upon retirement, a retiree shall be entitled to be paid sixty (60%) percent of regular daily pay for such accumulated sick days. However payment for accumulated sick time at retirement shall not exceed twenty five thousand dollars ($25,000).
Sick leave during a holiday for which an officer is scheduled to work shall require a certificate of a physician as to the need for sick leave. Officers producing said physician’s certificate shall not have/his/her accumulated sick time reduced and shall receive eight hours straight pay only for the holiday not worked. Officers failing to produce said physician’s certificate shall have their accumulated sick time reduced by one day and shall receive eight hours straight pay for the holiday not worked.
Officers are permitted to donate accrued sick time to another officer in extreme cases of illness or injury.
ARTICLE XXII – ATTENDANCE AT MEETINGS
All members of this Association shall be permitted to attend monthly meetings of the general membership while on duty provided that the meetings are held within Hardyston Twp and the shift supervisor approves. The shift supervisor shall not unreasonably withhold approval.
The Association State Delegate or his/her alternate shall be excused from duty on the day that meetings are to be held by the Delegate Board of the New Jersey State PBA. He/she shall not be penalized in any way, or be required to perform any additional services to make up for time spent in attendance at such meetings.
A maximum of one (1) appointed Association delegate shall be excused from duty without loss of pay or benefits, to attend annual Association conventions. The number of conventions will be limited to two (2) per year.
ARTICLE XXIII - MAINTENANCE OF WORK OPERATIONS
The Association hereby covenants and agrees that during the term of this Agreement, neither the Association nor any person acting in its behalf will cause, authorize or support, nor will any of its members take part in any strike, (i.e., the concerted failure to report for duty or willful absence of any employee from his/her position, or stoppage of work, or absence in whole or in part, from the full, faithful or proper performance of the employee’s duties of employment), work stoppage, slowdown, walkout or other illegal job action against the Township. The Association agrees that such action would constitute a material breach of this Agreement.
Nothing contained in this Agreement shall be construed to limit or restrict the Township in its right to seek and obtain such judicial relief as it may be entitled to have in law or in equity for injunction or damages, or both, in the event of such breach of the association or its members.
If any provision of this Agreement or any application of this Agreement to any employee or group of employees is held to be contrary to law, then such provision or application shall not be deemed valid and subsisting, except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect.
ARTICLE XXIV - SEPARABILITY AND SAVINGS
ARTICLE XXV - NON DISCRIMINATION
The Township and the Association agree that there shall be no unlawful discrimination against any employee because of age, race, creed, color, religion, sex, mental or physical disability, national origin or political affiliation, civil union status, domestic partnership status, or any other basis protected by state of federal law.
The Township and the Association agree that all employees covered under this Agreement have the right without fear of penalty or reprisal to form, join, and assist any employee organization or to refrain from any such activity. There shall be no discrimination by the Township or the Association against any employee because of the employee’s membership or non-membership or activity or non-activity in the Association.
ARTICLE XXVI - TUITION REIMBURSEMENT
To be eligible for such tuition reimbursement, the employee must be matriculated in a program leading to a degree in Police Science, Criminal Justice, Law or management at an accredited college or university.
No single employee shall in one calendar year receive more than two thousand five hundred ($2500) dollars in required tuition, fees and textbook reimbursement.
Payment will be made after the submission of documentation that the employee has successfully completed (that is C or better or a “pass” for a “pass/fail” course) the course or courses. The payment will be made during the first January following completion of the course.
Any employee who obtains a degree while in the employ of Hardyston Township shall be entitled to an additional annual sum as part of his/her annual rate of pay as follows:
Masters Degree - $3000.00/year
Associates Degree - $1000.00/year
Bachelor’s Degree - $2000.00/year
This additional sum may only be applied through the master’s level and only toward the one highest degree earned. As an example, an employee who attains an associate’s degree, a bachelor’s degree and two master’s degrees would be entitled to a single $3000.00 additional annual sum.
ARTICLE XXVII - POLICE VEHICLESAll police vehicles shall have a heater and air conditioning installed, and operable, and no police vehicle shall be used on routine patrol after clocking one hundred thousand (100,000) miles on the odometer, except in an emergency or unless the vehicle has been reconditioned with a low mileage engine and transmission (could be rebuilt), a new front end (tie rod ends, center link, control arms, pitman arm, idler arm, torsion bars, shocks, rebuilt power steering pump and box).
The 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. Except as set forth in the following Section, 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 or either or both of the parties at the time they negotiated or signed this Agreement.
ARTICLE XXVIII - FULLY BARGAINED PROVISIONS
ARTICLE XXIX – DURATIONThis agreement shall be in full force and effect as of January 1, 2010 and shall remain in effect to and including December 31, 2011 without any reopening date. This Agreement shall
continue in full force and effect from year to year thereafter, until one party or the other gives
notice, in writing, no sooner than one hundred fifty (150) days nor no later than one hundred twenty (120) days prior to the expiration of this Agreement.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals at the Township of Hardyston, New Jersey, on this 6th day of January, 2012.
HARDYSTON TOWNSHIP TOWNSHIP OF HARDYSTON
PBA LOCAL #374